The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010

PART 11 N.I. SUSPENSION AND WITHDRAWAL OF LICENCES AND CERTIFICATES

Suspension or withdrawal of train driving licences issued by the Department N.I.

34.—(1) Without prejudice to regulation 37, if the Department considers that the holder of a train driving licence F1 ... no longer satisfies a condition required for the holding of it the Department must—

(a) suspend or withdraw the licence; and

(b) inform the holder concerned and his employer of—

(i) the suspension or withdrawal;

(ii) the reasons for it;

(iii) the availability of the review procedure under regulation 18; and

(iv) any procedure to be followed to seek reinstatement of the licence.

(2) If the Department suspends or withdraws a train driving licence the holder must surrender it to the Department.

(3) If a safety authority [F2 or the Office of Rail and Road] —

(a) informs the Department that it considers the holder of a train driving licence issued by the Department no longer satisfies a condition required for the holding of it; and

(b) gives the Department a reasoned request for a review of the holder’s eligibility to hold the licence, or for the licence to be suspended or withdrawn;

the Department must consider that request and, within four weeks, notify the safety authority [F2 or the Office of Rail and Road], as the case may be, of its decision whether to suspend or withdraw the licence or take any other action.

Textual Amendments

F1 Words in reg. 34(1) omitted (31.12.2020) by virtue of The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 40(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 34(3) inserted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 40(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 34 in force at 31.12.2010, see reg. 41(5)

[F3 Suspension or withdrawal of other train driving licences and driver prohibition N.I.

35.— (1) Without prejudice to regulation 37, if the Department considers that the holder of a European train driving licence no longer satisfies a condition required for the holding of it the Department may—

(a) inform the safety authority of this view;

(b) give the safety authority a reasoned request for a review of the holder’s eligibility to hold the licence, or for the licence to be suspended or withdrawn; and

(c) notify the other safety authorities of the request.

(2) Without prejudice to regulation 37, if the Department considers that the holder of a GB train driving licence no longer satisfies a condition required for the holding of it the Department must—

(a) inform the Office of Rail and Road of this view; and

(b) give the Office of Rail and Road a reasoned request for a review of the holder’s eligibility to hold the licence, or for the licence to be suspended or withdrawn.

(3) Pending any suspension or withdrawal of the licence, or other conclusion on the request under paragraph (1)(b) or (2)(b), the Department may prohibit the train driver from driving a train in Northern Ireland.]

Textual Amendments

F3 Reg. 35 substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)

Suspension or withdrawal of train driving certificates and driver prohibition N.I.

36.—(1) Without prejudice to regulation 37, if the Department considers that the holder of a train driving certificate no longer satisfies a condition required for the holding of it the Department must—

(a) inform the railway undertaking which issued it of this view; and

(b) give that body a reasoned request for a review of the holders eligibility to hold the certificate, or for the certificate to be suspended or withdrawn.

(2) Upon receipt of such a request the railway undertaking must consider it and, within four weeks, notify the Department of its decision whether to suspend or withdraw the certificate or take any other action.

(3) Where the railway undertaking concludes that the holder no longer satisfies a condition required for the holding of the train driving certificate, it must take appropriate measures which may include—

(a) requiring the holder to undergo the relevant periodic examinations referred to in regulation 14(1); and

(b) suspension or withdrawal of the train driving certificate.

(4) Pending any suspension or withdrawal of the driving certificate or other conclusion on the request referred to in paragraph (1)(b), the Department may prohibit the holder from driving a train in Northern Ireland.

[F4 (5) If the Department exercises the power in paragraph (4) it may inform the safety authorities.]

Textual Amendments

F4 Reg. 36(5) substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 42; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 36 in force at 31.12.2010, see reg. 41(5)

Serious threat to the safety of the railway N.I.

37.—(1) If the Department considers that a train driver is a serious threat to the safety of the railways it must immediately take any necessary action.

(2) For the purpose of paragraph (1) any necessary action may include—

(a) requesting the railway undertaking to stop any train being driven by the driver;

(b) suspending or withdrawing that train driving licence, if issued by the Department; or

(c) prohibiting the train driver from driving a train in Northern Ireland.

[F5 (3) If the Department takes any action under this regulation it may inform the safety authorities.]

[F6 (4) A person who is aggrieved by a decision to withdraw or suspend a train driving licence may appeal to a tribunal established for the purposes of hearing an appeal under these Regulations

(5) The model provisions with respect to appeals which are set out in the Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997 shall apply to an appeal under paragraph (4)]

Textual Amendments

F5 Reg. 37(3) substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 43; 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 37(4)(5) inserted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(8)

Commencement Information

I3 Reg. 37 in operation at 10.5.2010, see reg. 1(2)

Appeal to the Commission N.I.

F7 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 38 omitted (31.12.2020) by virtue of The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 44; 2020 c. 1, Sch. 5 para. 1(1)