9.—(1) A railway undertaking must issue a train driving certificate to an applicant if it is satisfied the applicant—
(a)is employed by it to be train driver;
(b)possesses the required language skills;
(c)has passed the required specific professional knowledge examinations; and
(d)has been trained by it in relation to its safety management system.
(2) For the purpose of paragraph (1)(b)—
(a)the required language skills means knowledge of the language relevant to the infrastructure to which the certificate is to relate that meets the language test requirements set out and referred to in paragraph 8 of Schedule 4; and
(b)to test this a railway undertaking may include a language component in the examinations referred to in paragraph (1)(c).
(3) For the purpose of paragraph (1)(c)—
(a)the required specific professional knowledge examinations means examinations of professional knowledge and competence relating to the rolling stock and to the infrastructure for which the certificate is sought (including route knowledge and operating rules and procedures) and covers the subjects set out in paragraphs 1 to 7 of Schedule 4 and in Schedule 5; and
(b)those examinations must comprise both theoretical and practical assessment including assessment of the driving ability of the applicant during driving tests on the infrastructure.
(4) For the purpose of paragraph (3)(b) simulators may be used for examining the application of operational rules and driver performance in particularly difficult situations.
(5) When determining whether to issue a train driving certificate a railway undertaking must take account of any document presented to it by the applicant that the applicant has obtained by virtue of regulation 16(3).