| Jurisdiction | UK Non-devolved |
2015No. 1798
TRANSPORT
The Train Driving Licences and Certificates (Amendment) Regulations 2015
15thOctober2015
21stOctober2015
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1).
The Secretary of State is a Minister designated( 2) for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport.
Citation commencement and interpretation
1.-(1) These Regulations may be cited as the Train Driving Licences and Certificates (Amendment) Regulations 2015.
(2) Subject to paragraph (3), these Regulations come into force on 12th November 2015.
(3) Regulations 2(3), 2(4) 2(5) and 3 come into force on 1st January 2016.
(4) In these Regulations, the "principal Regulations" means the Train Driving Licences and Certificates Regulations 2010( 3).
Amendments to the Train Driving Licences and Certificates Regulations 2010
2.-(1) The principal Regulations are amended as follows.
(2) In regulation 2, in the definition of "the Directive" at the end insert "as amended by Commission Directive 2014/82/EU amending Directive 2007/59/ECof the European Parliament and of the Council of 23rd October 2007 as regards general professional knowledge and medical licence requirements( 4)".
(3) In Schedule 1, in paragraph 1(2)(g) omit "; not required in a case where a person loses binocular vision after starting job as train driver when that person has adequate adaptation and sufficient compensation experience,".
(4) For Schedule 3 (general professional knowledge and requirements regarding the train driving licence) substitute the Schedule set out in the Schedule to these Regulations.
(5) In Schedule 4, for paragraph 8 (language tests) substitute-
The language requirements are as follows-
(1) Drivers who have to communicate with the infrastructure manager on critical safety issues must have language skills in the language indicated by the infrastructure manager concerned. Their language skills must be such that they can communicate actively and effectively in routine, adverse and emergency situations.
(2) They must be able to use the messages and communication method specified in the Annex to Commission Decision 2012/757/EU concerning the technical specification for interoperability relating to the "operation and traffic management" subsystem of the rail system in the European Union and amending Decision 2007/756/EC( 5).
(3) Drivers must be able to understand (both listening and reading) and to communicate (both speaking and writing) according to level B1 of the Common European Framework of Reference for Languages (CEFR) established by the Council of Europe( 6)."
Transitional provisions
3. The holder of a train driving licence who has obtained a train driving licence before 1st January 2016 must be considered to comply with requirements of the principal Regulations which are amended by these Regulations-
(a) in relation to that licence until such date on or after 1st January 2016 when the holder of the licence is next required to take a periodic medical and psychological examination in accordance with the provisions of regulation 13; and
(b) in relation to any train driving certificate which the licence holder holds until such date on or after 1st January 2016 when the licence holder is next required to take a periodic language test under regulation 15.
Signed by authority of the Secretary of State |
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Claire Perry Parliamentary Under Secretary of State Department for Transport |
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15th October 2015 |
SCHEDULE
Regulation 2(4)
New Schedule to be substituted for Schedule 3 to the Train Driving Licences and Certificate Regulations 2010
"SCHEDULE 3
Regulations 8 and 29
GENERAL PROFESSIONAL KNOWLEDGE AND REQUIREMENTS REGARDING THE LICENCE
(This Schedule substantially reproduces the...
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