Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council (text with EEA relevance)

Article 1

Community model for train driving licences

The Community model as set out in Annex I to this Regulation shall be used for train driving licences as referred to in Article 4(1)(a)of Directive 2007/59/EC. This format shall be used whenever a train driving licence is issued, renewed, updated, amended or revoked.

The language used shall be one or more official language(s) of the European Community.

Article 2

Community model for complementary certificates

The Community model as set out in Annex II to this Regulation shall be used for complementary certificates as referred to in Article 4(1)(b) of Directive 2007/59/EC.

This format shall be used whenever a complementary certificate is issued, renewed, updated, amended or revoked.

The language used shall be one or more official language(s) of the European Community.

Article 3

Community model for certified copies of complementary certificates

The Community model set out in Annex III to this Regulation shall be used for certified copies of the complementary certificates issued in accordance with Article 17 of Directive 2007/59/EC.

Article 4

Application form for train driving licences

Article 5

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States, except Cyprus and Malta as long as no railway system is established within their territory.

ANNEX I

1. PHYSICAL CHARACTERISTICS OF THE TRAIN DRIVING LICENCE

The train driving licence shall follow the format ID-1 set out in international standard ISO/IEC 7810:2003 Identification cards — Physical characteristics.

Without prejudice to data protection rules, Member States may, for national use only, use storage medium (microchip) as part of the licence, to allow railway undertakings and infrastructure managers to store company-related information including the data to be contained in the complementary certificate, provided that it does not in any way interfere with the implementation of this Regulation.

The insertion of any such microchip shall conform with international standard ISO 7816-1:1998 Identification cards — Integrated circuit(s) cards with contacts — Part 1: Physical characteristics.

Railway undertakings and infrastructure managers will not be exempted from adopting the Community model of the complementary certificate described in Chapter 4 of Annex II until the harmonised requirements for the use of smart-card are established.

Methods for verifying the characteristics of the driving licences, to ensure that they are consistent with international standards, shall comply with standard ISO/IEC 10373-1:2006 Identification cards — Test methods — Part 1: General characteristics.

2. ANTI-FORGERY MEASURES

(a) The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features): — card bodies shall be UV dull, — a security background pattern shall be designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing; the pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering, — optical variable elements shall provide adequate protection against copying and tampering with the photograph, — in the area of the photograph the security design background and photograph shall overlap on at least the border of the photograph (weakening pattern).

(b) In addition, the material used for driving licences shall be made secure against forgery by using at least one of the following techniques (additional security features): — colour-shifting inks, — thermochromic ink, — custom holograms, — variable laser images, — tactile characters, symbols or patterns.

The techniques used should enable the competent authorities to check the validity of the card without any special equipment.

Non-technical measures to prevent forgeries shall be related to the monitoring of the safety management system put in place by railway undertakings and infrastructure managers in accordance with Annex III(2)(j) to Directive 2004/49/EC.

3. LAY-OUT OF THE TRAIN DRIVING LICENCE

The train driving licence shall follow the Community model, the reference colours (Pantone Reflex Blue and Pantone Yellow) and the patterns, whose lay-out is provided in appendix.

The Agency shall provide electronic version of the high definition graphic lay-out, which shall include open-type fonts (Myriad Pro and Minion Pro, available in all alphabets of EU languages) and dimensions to be used for fonts.

The train driving licence shall have information displayed on two sides.

Recto shall contain:

(a) the words ‘train driving licence’ printed in large type in the language or languages of the Member State issuing the licence;

(b) the name of the Member State issuing the licence;

(c) the distinguishing sign of the Member State issuing the licence, based on ISO 3166 alpha-2 code, printed in negative in a blue rectangle and encircled by 12 yellow stars. The distinguishing signs shall be as follows: [() CH and NO are mentioned for information] AT : Austria BE : Belgium BG : Bulgaria CY : Cyprus (⁴) CZ : Czech Republic DK : Denmark EE : Estonia FI : Finland FR : France HR : Croatia DE : Germany EL : Greece HU : Hungary IS : Iceland IE : Ireland IT : Italy LV : Latvia LI : Liechtenstein LT : Lithuania LU : Luxembourg MA : Malta (4) [NO] : [Norway] () NL : Netherlands PL : Poland PT : Portugal RO : Romania SK : Slovak Republic SI : Slovenia ES : Spain SE : Sweden [CH] : [Switzerland] (*) UK : United Kingdom;

(d) information specific to the licence issued, to be numbered as follows:

4a the date of issue of the licence; 4b the date of expiry of the licence; 4c the name of the issuing authority; 4d the reference number assigned to the employee by the employer (optional);

The two-digit EIN code for the type of document, shall be as follows: 71 up to counter 9 999 ; if more than 9 999 licences are issued per year: 72 if counter is 10 000 and up to 19 999 ; in cases where more than 19 999 licences are issued per year: 73 if counter is 20 000 and up to 29 999 ;

Verso shall contain:

9a Additional information shall be displayed in boxes identified with number 9a, in the following order: a.1 Native language(s) of the train driver, according to the classification in use in the Member State; a.2 Space reserved for entries by the Member State which issues the licence, for necessary information according to national legislation.

9b Medical restriction shall be displayed in boxes identified with number 9b. Codes ‘b.1’ and ‘b.2’ will constitute harmonised Community codes for medical restrictions: b.1 Mandatory use of glasses/lenses; b.2 Mandatory use of hearing aid/communication aid.

The relevant code shall be added in one of the boxes, and those which are not used shall be made void.

In addition, the word ‘European Communities model’ in the language or languages of the Member State issuing the licence and the words ‘Train driving licence’ in the other languages of the Community, shall be printed as follows:

Bulgarian: СВИДЕТЕЛСТВО ЗА УПРАВЛЕНИЕ НА ЛОКОМОТИВ

Czech: LICENCE STROJVEDOUCÍHO

Danish: LOKOMOTIVFØRERLICENS

Dutch: VERGUNNING MACHINIST (the Netherlands) VERGUNNING VAN TREINBESTUURDER (Belgium)

English: TRAIN DRIVING LICENCE

Estonian: VEDURIJUHILUBA

Finnish: KULJETTAJAN LUPAKIRJA

French: LICENCE DE CONDUCTEUR DE TRAIN (Belgium, France, Luxembourg)

Croatian: DOZVOLA ZA UPRAVLJANJE ŽELJEZNIČKIM VOZILIMA

German TRIEBFAHRZEUGFÜHRERSCHEIN (Germany) EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium) FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria)

Greek: ΆΔΕΙΑ ΜΗΧΑΝΟΔΗΓΟΎ

Hungarian: VASÚTI JÁRMŰVEZETŐI IGAZOLVÁNY

Irish: CEADÚNAS TIOMÁNA TRAENACH

Italian: PATENTE DEL MACCHINISTA

Latvian: VILCIENA VADĪTĀJA APLIECĪBA

Lithuanian: TRAUKINIO MAŠINISTO PAŽYMĖJIMAS

Maltese: LIĊENZJA TA' SEWWIEQ TAL-FERROVIJI

[Norwegian]: [FØRERBEVIS] () (for information)*

Polish: LICENCJA MASZYNISTY

Portuguese: CARTA DE MAQUINISTA

Romanian: PERMIS DE MECANIC DE LOCOMOTIVĂ

Slovak: PREUKAZ RUŠŇOVODIČA

Slovenian: DOVOLJENJE ZA STROJEVODJO

Spanish: TITULO DE CONDUCCIÓN DE VEHICULOS FERROVIARIOS/MAQUINISTA

Swedish: FÖRARBEVIS

4. STATUS AND NUMBERING OF THE TRAIN DRIVING LICENCE

The number shall be attributed by the competent authority or the delegated body, when issuing the train driving licence. The number shall be preserved, either in case of renewal, amendment, update or issue of a duplicate.

When the licence is renewed, after 10 years, a new photo and new expiry date shall be displayed on the licence.

The licence shall be updated in case changes occur in optional data, such as change of address or change of reference number of the employee.

The licence shall be amended when a medical restriction is to be recorded during the period of validity. New code(s) shall be added according to the procedure established in accordance with Article 14(1) of Directive 2007/59/EC.

The competent authority shall update the licence according to the procedure and delay established in conformity with Article 14(1) of Directive 2007/59/EC. The railway undertakings or infrastructure managers employing or contracting drivers shall implement without delay any decision deriving from the result of medical checks.

All changes in the status of the train driving licences shall be recorded in the national register of train driving licences.

5. PREVENTION ON THE USE OF INVALID CARDS

If the information on the licence is altered, the holder must immediately return the card to the authority that issued it, so that it can be replaced, and the invalid card can be destroyed.

The same procedure applies to a lost card, replaced by a new one and then found again.

6. COMMUNITY MODEL OF TRAIN DRIVING LICENCE

ANNEX II

1. CONTENT

Railway undertakings and infrastructure managers shall issue complementary certificates to be carried by the train drivers they employ or use under contractual arrangements when on duty, in accordance with Article 29 of Directive 2007/59/EC.

The procedure for issuing and updating complementary certificates, set up in accordance with Article 15 of Directive 2007/59/EC, shall specify the language(s) in which the certificates are issued.

Complementary certificates shall contain the following information:

— a reference to the licence number,

— the surname(s) of the holder: Member States may include all the surnames recognised, but the priority should be given to the main family name and the listing of names should be consistent with that displayed in the licence,

— the name(s) of the holder. Member States may include all the first names that they recognise, but the listing of the name shall be consistent with that displayed in the licence,

— reference number given by the employer (optional),

— issuing and expiry date of the complementary certificate. The duration of validity for the complementary certificate is established by RUs/IMs employing or contracting drivers, and set in the procedure to be published by RUs/IMs in conformity with Article 15. If the certificate is valid indefinitely, the expiry date is made void,

— data related to the issuing organisation. The complementary certificate may be issued by a central or regional RU/IM’s department, designated under the procedure in conformity with Article 15 of Directive 2007/59/EC,

— it may include a company internal number for administrative purposes.

The following information will be numbered as described below.

1.1.   Data on the employer

The information on the company employing or contracting the train driver shall include:

— the company name and, if relevant, the workplace (e.g. the depot to which the driver is assigned),

— the category of entity employing or contracting the driver: ‘railway undertaking’ or ‘infrastructure manager’,

— the postal address: street address, post code, city and country,

— the train driver’s personal reference number within the company. This is optional information.

1.2.   Data on the holder

The following data on the holder shall be displayed:

— the place of birth (place and country),

— the date of birth,

— the nationality of the driver,

— the postal address (street address, post code, city and country). This is optional information.

1.3.   Categories of driving

The categories and types of driving, for which the driver is authorised to drive, shall be displayed as follows.

RUs/IMs may use ‘A’ as a global category, encompassing all activities of category A: shunting locomotives, work trains, maintenance railway vehicles and all other locomotives when they are used for shunting.

Alternatively, RUs/IMs may limit the scope of the certificate to one or more of the following types:

RUs/IMs may use ‘B’ as a global category, encompassing carriages of passengers and goods.

Alternatively, RUs/IMs may limit the scope of the certificate to one or more of the following types:

The category in which the holder is authorised to drive shall be indicated by filling in the appropriate box if a global category is chosen or boxes, if one or more subcategories are chosen. The boxes that are not necessary shall be made void.

Examples:

A		=	global category A. No subcategory used
A		=	Category A, subcategory 1 (authorisation to drive only shunting locomotives)
A		=	Category A, subcategories 2 and 3 (authorisation to drive work-trains and maintenance vehicles)
A		=	Category A, subcategory 5 (authorisation related to service or rolling stock not corresponding to subcategories from A1 to A4. To be specified in the box ‘notes’)
B		=	global category B, no subcategory used
B		=	Category B, subcategory 2 (authorisation to drive freight trains)

Railway Undertakings and Infrastructure Managers shall ensure that the choice of subcategory does not influence the requirements set out in Annex V and VI to Directive 2007/59/EC.

1.4.   Additional information

This part is reserved for additional information that may be requested by national applicable legislation or by the company’s internal procedures.

1.5.   Data related to language skills

The list of all languages, others than the native language, that are necessary to operate on the relevant infrastructure and that are known by the train drivers and comply with the requirements of Annex VI to Directive 2007/59/EC, shall be inserted here.

1.6.   Restrictions

This part shows restrictions related to the characteristics and capabilities of the driver in relation to the content of the complementary certificate (e.g.: driving allowed only in daylight)

If the restrictions concern rolling stock (e.g.: speed restrictions when driving certain types of locomotives) and/or infrastructure, the information in text format shall be provided in the box ‘notes’ beside the relevant rolling stock and/or infrastructure.

1.7.   Data relating to rolling stock

This part lists types of rolling stock the driver is authorised to drive, following an assessment of competences listed in Annex V to Directive 2007/59/EC.

Data shall be displayed in the following boxes:

— a box for the date of the beginning of validity of the relevant competence,

— a box for each type of rolling stock,

— a box with space for notes (they may be the stamp to confirm the acquired competences, the date of the end of validity of the competency or other relevant information, as stated in point 1.6 above).

1.8.   Data related to infrastructure

This part lists the infrastructure on which the driver is authorised to drive following an assessment of the competencies listed in Annex VI points (1) to (7) to Directive 2007/59/EC.

Data shall be displayed in the following boxes:

— a box for the date of beginning of validity of the relevant competence,

— a box for the extent of infrastructure on which the driver is authorised to drive,

— a box with space for notes (they may be a stamp to confirm the acquired competences, the date of end of the validity of the competence or other relevant information, as stated in point 1.6 above.