Explanatory note

These Regulations amend regulations 4 and 8 of the Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724) which relate to the requirement for train driving licences and certificates and the conditions on which a train driving licence can be issued. Regulations 4 and 8 are secondary assimilated law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

These Regulations amend the conditions on which a train driving licence can be issued, lowering the minimum age at which a person can obtain a train driving licence in Great Britain to 18 years of age. They prohibit a person under the age of 20 years from driving a train in the British Channel Tunnel zone (the tunnel infrastructure itself, plus the line between the tunnels to and including Ashford International (for passenger services) and Dollands Moor (for freight services). These Regulations also prohibit a railway undertaking or an infrastructure manager from deploying a person who is under 20 years of age to drive a train in the British Channel Tunnel zone.

This prohibition is necessary to continue to give effect to an agreement between the UK and France in relation to requirements for train driving licences, for any train driver operating a service in the British Channel Tunnel zone. A copy of the agreement is available at: https://assets.publishing.service.gov.uk/media/654dfc5e5d60950011bec8f0/TS_41.2023_UK_France_Agreement_Train_Driving_Licences_Complementary_Certificates_Rail_Transport_Channel_Fixed_Link.pdf. Alternatively, a copy of this agreement can be obtained from Rail Regulation, Standards & Innovation Division, Department for Transport, Great Minister House, 33 Horseferry Road, London, SW1P 2AA.

These Regulations also remove cross references to provisions that are no longer operable.

An Explanatory Memorandum and a de minimis assessment have been prepared and are published alongside the instrument on www.legislation.gov.uk.