# Commission Decision of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2009) 8278) (Text with EEA relevance) (2010/17/EC)

EU Decision 2010/17 · adopted 29 October 2009

Commission Decision of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2009) 8278) (Text with EEA relevance) (2010/17/EC)

## Introductory text

Commission Decision
of 29 October 2009
on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council
(notified under document C(2009) 8278)
(Text with EEA relevance)
(2010/17/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community, and in particular Article 22 thereof,
Having regard to the recommendation of the European Railway Agency on basic parameters for registers of train driving licences and complementary certificates (ERA/REC/SAF/05-2008) of 19 December 2008,
Whereas:
(1)
In accordance with Article 22(1) of Directive 2007/59/EC, competent authorities should keep a national register for train driving licences or ensure that such a register is kept.
(2)
In accordance with Article 22(2) of Directive 2007/59/EC, railway undertakings and infrastructure managers should keep a company register for complementary certificates or ensure that such a register is kept.
(3)
Article 22(4) of Directive 2007/59/EC requires the European Railway Agency to draft the basic parameters for registers of train driving licences to be set up by competent authorities and registers of complementary certificates to be set up by railway undertakings and infrastructure managers employing or contracting drivers. The national register for train driving licences of a Member State should contain all train driving licences issued in that Member State.
A standard application form should be used for applying for train driving licences, for the purposes of licence registration and recording of updates, amendments, replacements, renewals, suspensions and withdrawal.
(4)
The registers for train driving licences and complementary certificates should be accessible for consultation by the authorised representatives of competent authorities and stakeholders. The different registers should be consistent as regards the data they contain and data formatting. They should therefore be set up using common operational and technical specifications.
(5)
All information contained in licences, harmonised complementary certificates and registers of licences and harmonised complementary certificates should be used by the safety authorities to facilitate evaluation of the staff certification process provided for in Articles 10 and 11 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) and to speed up the issuing of the safety certificates provided for in those Articles.
(6)
In accordance with Article 19(1)(f) of Directive 2007/59/EC, the register of train driving licences should be kept and updated by the competent authorities or by delegated bodies. Member States should inform the Commission and the other Member States of the body which they have designated for this purpose, partly to enable these bodies to exchange information.
(7)
Ideally, each Member State should set up a computer-based driving licence register to achieve full interoperability of the registers and allow competent authorities and others who have access rights to obtain information. However, for economic and technical reasons, this kind of interface cannot be adopted without further investigation. Firstly, it is necessary to agree on methods to ensure that access is granted subject to certain conditions, as required by Directive 2007/59/EC. Secondly, a survey of the number of transactions is necessary to perform a cost benefit analysis and propose a feasible solution that does not impose administrative costs that might be disproportionate to real needs. The European Railway Agency therefore proposed to implement an interim solution, with simplified exchange of information, and proceed with the development of an electronic interface at a later stage.
(8)
In accordance with Article 36(3) of Directive 2007/59/EC, that Directive does not apply to Cyprus and Malta. Therefore this Decision should not be applicable to Cyprus and Malta for as long as these Member States do not have a railway system.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Railway Interoperability and Safety Committee established under Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DECISION:

## 1 

The basic parameters for the National Register of Train Driving Licences (hereinafter ‘NLR’) set out in Annex I apply.

## 2 

The basic parameters for the Register of Complementary Certificates (hereinafter ‘CCR’) set out in Annex II apply.

## 2A 

For the purposes of this Decision–
(a) “accident investigation body” means an investigating body established in an EEA state in accordance with article 21 of Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community's railways and amending Council Directive 95/18 on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification or in accordance with article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council on railway safety ;
(b) “complementary certificate” means a train driving certificate issued under the Regulations or the NI Regulations;
(c) “the Department” means the Department for Infrastructure renamed as such by the Departments Act (Northern Ireland) 2016 and originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999;
(d) “the Intergovernmental Commission” has the same meaning as in the Regulations;
(e) “infrastructure manager” has, in relation to Great Britain, the same meaning as in the Regulations and, in relation to Northern Ireland, the same meaning as in the NI Regulations;
(f) “the NI Regulations” means the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010;
(g) “the ORR” means the Office of Rail and Road ;
(h) “railway undertaking” has, in relation to Great Britain, the same meaning as in the Regulations and, in relation to Northern Ireland, the same meaning as in the NI Regulations;
(i) “the Regulations” means the Train Driving Licences and Certificates Regulations 2010;
(j) “safety authority” has the same meaning as in the Regulations;

## 3 

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## 4 

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## 5 

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## Signature

Done at Brussels, 29 October 2009.
For the Commission
Antonio Tajani
Vice-President

## Annex I: BASIC PARAMETERS FOR NATIONAL REGISTERS OF TRAIN DRIVING LICENCES (NLRS)

## 1 Basic parameters

The basic parameters for National Registers of train driving licences kept under regulation 24 of the Regulations or regulation 22 of the NI Regulations, as the case may be, are:
Data to be collected (Chapter 2),
Data format (Chapter 3),
Access rights (Chapter 4),
Data exchange (Chapter 5),
Duration of data retention (Chapter 6),

## 2 Data to be collected

NLR shall comprise four sections.
Section 1 shall contain information about the current status of the licence.
Section 2 shall contain information about the licence issued in line with the list of requirements in Schedule 2 to the Regulations or Schedule 2 to the NI Regulations, as the case may be.
Section 3 shall contain historical information about the licence.
Section 4 shall contain information about basic requirements and initial checks, to allow the licence to be issued and subsequent checks, to allow the licence to remain valid.
The data to be collected are set out in the table in Chapter 3.

## 3 Data format

The following is a list of requirements for the data format of the NLR.
The list is set out as follows:
No
Datum to be displayed
Content
Format
Status of the requirement
Section 1:
Current state of the licence
1
Licence number
1.1
Number of the licence
Number in digits
Compulsory
2
Current state of the licence
2.1
Evidence of the current state of the licence.
Valid,
Suspended (decision pending),
Withdrawn,
Text
Compulsory
2.2
Reason for suspension or withdrawal
Text
Compulsory
Section 2:
Information on the current licence ...
3
Surname(s) of the holder
3.1
Surname(s) displayed on passport or national identity card or other recognised document proving identity More surnames are allowed, depending on national custom
Text
Compulsory
4
Name(s) of the holder
4.1
Name(s) displayed in passport or national identity card or other recognised document proving identity. More names are allowed, depending on national custom
Text
Compulsory
5
Date of birth of the holder
5.1
Date of birth of the holder
YYYY-MM-DD
Compulsory
6
Place of birth of the holder
6.1
Place of birth of the holder
Text
Compulsory
6.2
Nationality
Text
Optional
7
Date of issue of the licence
7.1
Display of the current date of issue of the licence
YYYY-MM-DD
Compulsory
8
Date of expiry of the licence
8.1
Date of the expected formal expiry of the valid licence
YYYY-MM-DD
Compulsory
9
Name of issuing authority
9.1
Name of the authority issuing the licence ( the ORR, the Department, delegated entity, railway undertaking, infrastructure manager)
Text
Compulsory
10
Reference number assigned to the employee by the employer
10.1
Company reference for the train driver
Text
Optional
11
Photograph of the holder
11.1
Photograph
Original or Electronic scanning
Compulsory
12
Signature of the holder
12.1
Signature
Original/Photocopy/Electronic scanning
Compulsory
13
Permanent place of residence or postal address of the holder
13.1
Address of the holder
Street and number
Text
Optional
13.2
Town
Text
Optional
13.3
Country
Text
Optional
13.4
Postcode
Alpha-numerical code
Optional
13.5
Telephone number
Text
Optional
13.6
e-mail address
Text
Optional
14
Additional information
14.1
Information imposed by the ORR in accordance with Schedule 2 to the Regulations or by the Department in accordance with Schedule 2 to the NI Regulations, as the case may be
Coded information
Compulsory
Field 9.a.1 —
Native language(s) of the driver
Text
Field 9.a.2 —
Space reserved for additional information that may be considered necessary by the ORR or the Department, as the case may be
Text
15
Medical restriction
15.1
Information imposed by the ORR in accordance with Schedule 1 to the Regulations, or by the Department in accordance with Schedule 1 to the NI Regulations, as the case may be
Coded information
Compulsory
Mandatory use of glasses/lenses
(code b.1)
Mandatory use of hearing aid(s)
(code b.2)
Section 3:
Historical information on the status of the licence and the results of periodic checks
16
Date of first issues
16.1
Date of first issue
YYYY-MM-DD
Compulsory
17
Date of expiry
17.1
Date of expiry (and of expected formal renewal)
YYYY-MM-DD
Compulsory
18
Update(s) (Several records are possible)
18.1
Date of update
YYYY-MM-DD
Compulsory
18.2
Reason for update
Text
Compulsory
19
Amendment(s) (Several records are possible)
19.1
Date of amendment
YYYY-MM-DD
Compulsory
19.2
Reason of amendment
Text
Compulsory
20
Suspension(s) (Several records are possible)
20.1
Length of period of suspension
From (date) to (date)
Compulsory
20.2
Reason for suspension
Text
Compulsory
21
Withdrawal(s) (Several records are possible)
21.1
Date of withdrawal
YYYY-MM-DD
Compulsory
21.2
Reason for withdrawal
Text
Compulsory
22
Licence reported lost
22.1
Date of communication
YYYY-MM-DD
Compulsory
22.2
Date of any duplicate issued
YYYY-MM-DD
Compulsory
23
Licence reported stolen
23.1
Date of communication
YYYY-MM-DD
Compulsory
23.2
Date of any duplicate issued
YYYY-MM-DD
Compulsory
24
Licence reported destroyed
24.1
Date of communication
YYYY-MM-DD
Compulsory
24.2
Date of any duplicate issued
YYYY-MM-DD
Compulsory
Section 4:
Information on the basic requirements for issuing a licence and results of periodic checks
25
Education
25.1
Basic requirement
Highest level of certification possessed
Text
Compulsory
26
Physical fitness
26.1
Basic requirement
Statement on fulfilment of in paragraphs 1(1), 1(2), 1(3) and 2(1) of Schedule 1 to the Regulations or paragraphs 1(1), 1(2), 1(3) and 2(1) of Schedule 1 to the NI Regulations, as the case may be
Text
Compulsory
26.2
Date of check
YYYY-MM-DD
Compulsory
26.3
Subsequent periodic check
Confirmed/not confirmed
Text
Compulsory
26.4
(several records possible)
Date of last check
YYYY-MM-DD
Compulsory
26.5
Next check
Date of next formally expected check
YYYY-MM-DD
Compulsory
26.6
Notes
Notes to be specified:
Normal schedule,
Anticipated schedule (according to doctor’s certificate),
Change in information (code 9.a.2) if necessary,
Change in restriction code,
Other + field to specify,
Text
Compulsory
27
Occupational psychological fitness
27.1
Basic requirement
Statement on fulfilment of in paragraph 2(2) of Schedule 1 to the Regulations or paragraph 2(2) of Schedule 1 to the NI Regulations, as the case may be
Text
Compulsory
27.2
Date of check
YYYY-MM-DD
Compulsory
27.3
Following check(s)
Only if necessary (several records possible)
Statement
Compulsory
27.4
Date of any subsequent check
YYYY-MM-DD
Compulsory
28
General professional knowledge
28.1
Basic requirement
Statement on fulfilment of in Schedule 3 to the Regulations or Schedule 3 to the NI Regulations, as the case may be
Text
Compulsory
28.2
Date of check
YYYY-MM-DD
Compulsory
28.3
Subsequent check
(only if required at national level)
YYYY-MM-DD
Compulsory

## 4 Access rights

Access to the information contained in the NLR shall be granted to the following interested parties for the following purposes:
...
...
to any employer of drivers, for consulting the status of the licences in accordance with regulation 26 of the Regulations, or regulation 25 of the NI Regulations as the case may be,
to railway undertakings and infrastructure managers, employing or contracting train drivers, for consulting the status of licences, in accordance with regulation 26 of the Regulations, or regulation 25 of the NI Regulations as the case may be,
to train drivers, upon request, for consulting the data concerning them,
to the Rail Accident Investigation Branch for investigating accidents in accordance with the Railways and Transport Safety Act 2003 ,

## 5 Data exchange

Where in accordance with Chapter 4 (access rights), access to relevant data is required to be granted, it must be granted to persons having a right of access under that Chapter, upon request and without delay, in a manner which ensures secure transmission of information and protection of personal data.
In addition to the access rights granted under Chapter 4, each of the ORR and the Department may, at its discretion, grant access to information contained within the NLR to each other, the Intergovernmental Commission, a safety authority or an accident investigation body. Where such access is granted it must be in a manner which ensures secure transmission of information and protection of personal data.
The ORR and the Department may offer login facilities on their websites to all who have access, provided they ensure that grounds for requests are checked.

## 6 Duration of data retention

All data in the NLR shall be kept for at least 10 years from the date of end of validity of the train driving licence. If at any time during the 10-year period an investigation involving the driver is started, data relating to the driver must be kept beyond the 10-year period if so required.
Any changes in the NLR shall be recorded.

## Annex II: BASIC PARAMETERS FOR REGISTERS OF TRAIN DRIVERS' COMPLEMENTARY CERTIFICATES (CCRS)

## 1 Basic parameters

The basic parameters for registers of complementary certificates (CCR), kept under regulation 25 of the Regulations or regulation 23 of the NI Regulations as the case may be, are:
Data to be collected (Chapter 2),
Data format (Chapter 3),
Access rights (Chapter 4),
Data exchange (Chapter 5),
Duration of data retention (Chapter 6),
Procedures in case of bankruptcy (Chapter 7),

## 2 Data to be collected

CCRs shall comprise four sections.
Section 1 shall contain information about the current state of the licence owned by the train driver.
Section 2 shall contain information about the complementary certificate issued in line with the list of requirements in paragraph 3(a) to (n) of Schedule 2 to the Regulations or paragraph 3(a) to (q) of Schedule 2 to the NI Regulations as the case may be.
Section 3 shall contain historical information about the complementary certificate.
Section 4 shall contain information about basic requirements and initial checks to allow the complementary certificate to be issued and about subsequent checks to be recorded to allow the complementary certificate to remain valid.
The data to be collected are set out in the table in Chapter 3.
Information on current knowledge of rolling stock, knowledge of infrastructure and linguistic knowledge assessed in accordance with the relevant part of the Regulations or the NI Regulations, as the case may be shall be given in Section 2. That section shall include the date of the next expected checks. By the date of subsequent checks the new ‘current state’ will start, and previous information will be moved into Section 4, containing historical information.

## 3 Data format

The following list shows the data format of the CCR.
The list is set out as follows:
No
Datum to be displayed
Content
Format
Status of the requirement
Section 1:
Reference to the licence
1
Licence number
1.1
Number of the licence, giving access to data in the national register
Number in digits
Compulsory
2
Current state of the licence
2.1
Evidence of the current state of the licence
Valid
Suspended
Withdrawn
Text
Compulsory
Section 2:
Information about the current complementary certificate issued, as listed in paragraph 3 of Schedule 2 to the Regulations or paragraph 3 of Schedule 2 to the NI Regulations, as the case may be
3
Surname(s) of the holder (the same of the licence)
3.1
Surname(s) displayed on passport or national identity card or other recognised document proving identity. More surnames are allowed, depending on national custom
Text
Compulsory
4
Name(s) of the holder (the same of the licence)
4.1
Name(s) displayed on passport or national identity card or other recognised document proving identity. More names are allowed, depending on national custom
Text
Compulsory
5
Date of birth of the holder
5.1
Date of birth of the holder
YYYY-MM-DD
Compulsory
6
Place of birth of the holder
6.1
Place of birth of the holder
Text
Compulsory
7
Date of issue of the certificate
7.1
The current date of issue of the certificate
YYYY-MM-DD
Compulsory
8
Date of expiry of the certificate
8.1
Date of the expected formal expiry of the certificate, to be set by the company and included in the procedure required in in regulation 11 of the Regulations or regulation 11 of the NI Regulations, as the case may be .
YYYY-MM-DD
Compulsory
9
Name of issuing entity
9.1
Name of the entity issuing the certificate (railway undertaking, infrastructure manager, other)
Text
Compulsory
10
Reference number assigned to the employee by the employer
10.1
Company reference for the train driver
Text
Optional
11
Photograph of the holder
11.1
Photograph
Original or Electronic scanning
Compulsory
12
Signature of the holder
12.1
Signature
Original/Photocopy/Electronic scanning
Compulsory
13
Permanent place of residence or postal address of the holder
13.1
Address of the holder
Street and number
Text
Optional
13.2
Town
Text
Optional
13.3
Country
Text
Optional
13.4
Postcode
Alpha-numerical code
Optional
13.5
Telephone number
13.6
e-mail address
14
Address of the railway undertaking or infrastructure manager for which the driver is authorised to drive
14.1
Address of the RU/IM
Street and number
Text
Compulsory
14.2
Town
Town
Compulsory
14.3
Country
Text
Compulsory
14.4
Postcode
Alpha-numerical code
Compulsory
14.5
Contact person
Text
Optional
14.6
Telephone number
Text
Compulsory
14.7
Fax number
Text
Compulsory
14.8
e-mail address
Text
Compulsory
15
Category in which the driver is authorised to drive
15.1
Relevant code(s)
Text
Compulsory
16
Rolling stock which the driver is authorised to drive
16.1
(list, record to be repeated)
Text
Compulsory
16.2
For each item the date of next expected check shall be added
YYYY-MM-DD
Compulsory
17
Infrastructure on which the driver is authorised to drive
17.1
(list, record to be repeated)
Text
Compulsory
17.2
For each item the date of next expected check shall be added
YYYY-MM-DD
Compulsory
18
Language skills
18.1
(list, record to be repeated)
Text
Compulsory
18.2
For each item the date of next expected check shall be added
YYYY-MM-DD
Compulsory
19
Additional information
19.1
(list, record to be repeated)
Text
Compulsory
20
Additional restrictions
20.1
(list, record to be repeated)
Text
Compulsory
Section 3:
Historical records on the status of the complementary certificate
21
Date of first issue
21.1
Date of first issue of the certificate
YYYY-MM-DD
Optional
22
Update(s) (Several records are possible)
22.1
Date of update
YYYY-MM-DD
Compulsory
22.2
Details of and reason for update (correction of one or more data displayed on the complementary certificate, e.g. personal address of the driver)
Text
Compulsory
23
Amendment(s) (Several records are possible)
23.1
Date of amendment
YYYY-MM-DD
Compulsory
Reason for amendments, referring to specific parts of the certificate:
amendments in field 3 ‘Categories of driving’
amendments in field 4 ‘Additional Information’
amendments in field 5: new linguistics knowledge acquired or knowledge periodically checked
amendments in field 6 ‘Restrictions’
amendments in column 7: new rolling stock knowledge acquired or knowledge periodically checked
amendments in column 8: new infrastructure knowledge acquired or knowledge periodically checked
Text
Compulsory
24
Suspension(s) (Several records are possible)
24.1
Length of period of suspension
From (date) to (date)
Compulsory
24.2
Reason for suspension
Text
Compulsory
25
Withdrawal(s) (Several records are possible)
25.1
Date of withdrawal
YYYY-MM-DD
Compulsory
25.2
Reason for withdrawal
Text
Compulsory
26
Certificate reported lost
26.1
Date of communication
YYYY-MM-DD
Compulsory
26.2
If yes, date of issued duplicate
YYYY-MM-DD
Compulsory
27
Certificate reported stolen
27.1
Date of communication
YYYY-MM-DD
Compulsory
27.2
Date of any duplicate issued
YYYY-MM-DD
Compulsory
28
Certificate reported destroyed
28.1
Date of communication
YYYY-MM-DD
Compulsory
28.2
Date of any duplicate issued
YYYY-MM-DD
Compulsory
Section 4:
Historical records in connection with the basic requirements for issuing a complementary certificate and the results of periodic checks
29
Linguistic competence
29.1
Basic requirement
Working language(s) for which a statement that the criteria set out in paragraph 8 of Schedule 4 to the Regulations or in paragraph 8 of Schedule 4 of the NI Regulations, as the case may be had been fulfilled was issued
Text
Compulsory
29.2
Periodic check
Date of certified knowledge (exam passed) for each language.
Several records are possible.
YYYY-MM-DD
Compulsory
30
Rolling stock knowledge
30.1
Basic requirement
Rolling stock for which a statement that the criteria set out in Schedule 5 to the Regulations or Schedule 5 to the NI Regulations, as the case may be had been fulfilled was issued
Text
Compulsory
30.2
Periodic check
Date of periodic check (certified knowledge)
Several records are possible.
YYYY-MM-DD
Compulsory
31
Infrastructure knowledge
31.1
Basic requirement
Infrastructure for which a statement that the criteria set out in Annex VI of Directive 2007/59/EC had been fulfilled was issued
Text
Compulsory
31.2
Periodic check
Date of periodic check (certified knowledge).
Several records are possible.
YYYY-MM-DD
Compulsory

## 4 Access rights

Access to the information contained in the CCR shall be granted to the following interested parties for the following purposes:
to the ORR for the purposes of regulations 27 or 28 of the Regulations, or to the Department for the purposes of regulations 26 or 27 of the NI Regulations, as the case may be,
...
to train drivers, upon request, for consulting the data concerning them,
to the Rail Accident Investigation Branch for investigating accidents in accordance with the Railways and Transport Safety Act 2003,
Companies shall be free to grant access to other users, subject to personal data protection.

## 5 Data exchange

Where, in accordance with Chapter 4 (Access rights), access to relevant data is required to be granted, it must be granted to the persons having a right of access under that Chapter, upon request and without delay, in a manner which ensures secure transmission of information and protection of personal data.
Railway undertakings and infrastructure managers may offer login facilities on their websites to all who have access, provided they ensure that the grounds for requests are checked.

## 6 Duration of data retention

All data in the CCR shall be kept for at least 10 years from the last expiry date referred to on the certificate.
If at any time during the 10-year period an investigation involving the driver is started, data relating to the driver must be kept beyond the 10-year period if so required.
Any changes in the CCR shall be recorded.

## 7 Procedure in case of bankruptcy

If a railway undertaking or infrastructure manager goes bankrupt, the new company that takes over the operation of the service shall be responsible for the data contained in the register of complementary certificates.
The ORR or the Department, as the case may be, according to where the railway undertaking or infrastructure manager is established, shall be the repository of data contained in the register of complementary certificates if the activity is not taken over by another company.

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Source: https://www.legislation.gov.uk/eudn/2010/17 (the official version)
Page: https://openlegislation.uk/eu-decision-2010-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.