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Document 02010R0036-20130701
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)
Consolidated text: 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)
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)
02010R0036 — EN — 01.07.2013 — 001.001
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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 (OJ L 013 19.1.2010, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 158 |
74 |
10.6.2013 |
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Corrected by:
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
COMMUNITY MODEL OF TRAIN DRIVING LICENCE
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
The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):
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):
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:
the words ‘train driving licence’ printed in large type in the language or languages of the Member State issuing the licence;
the name of the Member State issuing the licence;
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]
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AT |
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Austria |
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BE |
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Belgium |
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BG |
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Bulgaria |
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CY |
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Cyprus ( 4 ) |
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CZ |
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Czech Republic |
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DK |
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Denmark |
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EE |
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Estonia |
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FI |
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Finland |
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FR |
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France |
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HR |
: |
Croatia |
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DE |
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Germany |
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EL |
: |
Greece |
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HU |
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Hungary |
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IS |
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Iceland |
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IE |
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Ireland |
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IT |
: |
Italy |
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LV |
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Latvia |
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LI |
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Liechtenstein |
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LT |
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Lithuania |
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LU |
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Luxembourg |
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MA |
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Malta (4) |
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[NO] |
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[Norway] (*) |
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NL |
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Netherlands |
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PL |
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Poland |
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PT |
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Portugal |
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RO |
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Romania |
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SK |
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Slovak Republic |
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SI |
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Slovenia |
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ES |
: |
Spain |
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SE |
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Sweden |
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[CH] |
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[Switzerland] (*) |
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UK |
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United Kingdom; |
information specific to the licence issued, to be numbered as follows:
the surname(s) of the holder. The surname(s) must match that (those) displayed on the passport/national identity card/other recognised document proving identity;
the name(s) of the holder. The name(s) must match that (those) displayed on the passport/national identity card/other recognised document proving identity;
the date and place of birth of the holder;
the date of issue of the licence;
the date of expiry of the licence;
the name of the issuing authority;
the reference number assigned to the employee by the employer (optional);
the number of the licence giving access to data in the national register is based on the European Identification Number, (EIN) as stated in Commission Regulation (EC) No 653/2007 ( 5 ).
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 ;
a photograph of the holder;
the signature of the holder.
Verso shall contain:
the permanent place of residence or postal address of the holder (optional), displayed in space identified with number 8;
additional information (identified as ‘9a’ boxes), or medical restrictions (identified as ‘9b’ boxes) for use imposed by a competent authority. Medical restrictions will be displayed in code form.
Additional information shall be displayed in boxes identified with number 9a, in the following order:
Native language(s) of the train driver, according to the classification in use in the Member State;
Space reserved for entries by the Member State which issues the licence, for necessary information according to national legislation.
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:
Mandatory use of glasses/lenses;
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:
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Bulgarian: |
СВИДЕТЕЛСТВО ЗА УПРАВЛЕНИЕ НА ЛОКОМОТИВ |
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Czech: |
LICENCE STROJVEDOUCÍHO |
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Danish: |
LOKOMOTIVFØRERLICENS |
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Dutch: |
VERGUNNING MACHINIST (the Netherlands) VERGUNNING VAN TREINBESTUURDER (Belgium) |
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English: |
TRAIN DRIVING LICENCE |
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Estonian: |
VEDURIJUHILUBA |
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Finnish: |
KULJETTAJAN LUPAKIRJA |
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French: |
LICENCE DE CONDUCTEUR DE TRAIN (Belgium, France, Luxembourg) |
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Croatian: |
DOZVOLA ZA UPRAVLJANJE ŽELJEZNIČKIM VOZILIMA |
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German |
TRIEBFAHRZEUGFÜHRERSCHEIN (Germany) EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium) FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria) |
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Greek: |
ΆΔΕΙΑ ΜΗΧΑΝΟΔΗΓΟΎ |
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Hungarian: |
VASÚTI JÁRMŰVEZETŐI IGAZOLVÁNY |
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Irish: |
CEADÚNAS TIOMÁNA TRAENACH |
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Italian: |
PATENTE DEL MACCHINISTA |
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Latvian: |
VILCIENA VADĪTĀJA APLIECĪBA |
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Lithuanian: |
TRAUKINIO MAŠINISTO PAŽYMĖJIMAS |
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Maltese: |
LIĊENZJA TA' SEWWIEQ TAL-FERROVIJI |
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[Norwegian]: |
[FØRERBEVIS] (*) (for information) |
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Polish: |
LICENCJA MASZYNISTY |
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Portuguese: |
CARTA DE MAQUINISTA |
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Romanian: |
PERMIS DE MECANIC DE LOCOMOTIVĂ |
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Slovak: |
PREUKAZ RUŠŇOVODIČA |
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Slovenian: |
DOVOLJENJE ZA STROJEVODJO |
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Spanish: |
TITULO DE CONDUCCIÓN DE VEHICULOS FERROVIARIOS/MAQUINISTA |
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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
COMMUNITY MODEL OF COMPLEMENTARY CERTIFICATE
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:
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:
1.2. Data on the holder
The following data on the holder shall be displayed:
1.3. Categories of driving
The categories and types of driving, for which the driver is authorised to drive, shall be displayed as follows.
Category A
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:
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A1 |
= |
when limited to shunting locomotives; |
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A2 |
= |
when limited to work trains; |
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A3 |
= |
when limited to maintenance railway vehicles; |
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A4 |
= |
when limited to all other locomotives when they are used for shunting; |
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A5 |
= |
other, if the authorisation is related for services or rolling stock not included in the previous categories. This shall be specified in the appropriate space. |
Category B
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:
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B1 |
= |
when limited to carriage of passengers; |
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B2 |
= |
when limited to carriage of goods. |
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:
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A |
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= |
global category A. No subcategory used |
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A |
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= |
Category A, subcategory 1 (authorisation to drive only shunting locomotives) |
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A |
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= |
Category A, subcategories 2 and 3 (authorisation to drive work-trains and maintenance vehicles) |
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A |
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= |
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’) |
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B |
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= |
global category B, no subcategory used |
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B |
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= |
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:
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:
The extent of infrastructure on which the driver is authorised to drive is described in the railway undertaking’s procedure for issuing and updating the complementary certificate. For each part of infrastructure on which the driver is authorised to drive, relevant information or restrictions shall be added.
2. PHYSICAL CHARACTERISTICS OF THE COMPLEMENTARY CERTIFICATE
The Community model of complementary certificate shall be a foldable document, the size shall be 10 cm × 21 cm (when unfolded) giving three outside and three inside pages.
The front page shall display the following information:
Page two shall contain data on the employer/contracting entity and additional data on the holder, numbered as follows:
Data on the employer or contracting entity;
Data on the train drivers (holder of the complementary certificate).
Page three shall contain:
The categories of driving;
Additional information;
Language skills;
Restrictions.
The inside pages shall contain the types of rolling stock that the driver is authorised to drive (types, date of initial assessment) and the list of infrastructure on which the driver is authorised to drive.
Additional internal pages may be added to include information that exceeds the available space.
The complementary certificate shall comply with the model shown in section 4.
3. ANTI-FORGERY MEASURES
The following two anti forgery measures shall be used for the complementary certificates:
Technical measures (the most common are company logo, paper texture and permanent ink, display of an internal reference number and stamp). All updates shall be confirmed by a date and stamp on the document and shall be consistent with information in the register.
Procedures for monitoring the safety management system, to check that information on the complementary certificate is valid and has not been altered, in accordance with Article 18(1) of Directive 2007/59/EC.
All this information shall be included in the provisions for issuing and updating complementary certificates, in accordance with Article 15 of Directive 2007/59/EC.
4. COMMUNITY MODEL OF COMPLEMENTARY CERTIFICATE
ANNEX III
COMMUNITY MODEL OF CERTIFIED COPY OF COMPLEMENTARY CERTIFICATE
1. CERTIFIED COPY OF COMPLEMENTARY CERTIFICATE
Railway undertakings and infrastructure managers shall issue certified copies of complementary certificates to the train driver upon request or when leaving the job. The Community model of certified copy of complementary certificate is set out in section 4 of this Annex.
The procedure for issuing complementary certificates, set up in accordance with Article 15 Directive 2007/59/EC, shall specify the language(s) in which the certificates are issued.
2. PHYSICAL CHARACTERISTICS OF THE CERTIFIED COPY OF COMPLEMENTARY CERTIFICATE
The Community model of certified copy of a complementary certificate shall be on A4 paper, listing information numbered as in Annex II section 1 and containing the date when the driver has ceased driving trains for the RU/IM, in accordance with Articles 6(2) and 17 of Directive 2007/59/EC.
The possession of a certified copy of complementary certificate provides information about competencies acquired by the driver and does not represent an authorisation to drive.
The model shall be on A 4 sized paper and be limited to one page. However given the possibility that the information may require more than one line in the relevant boxes, the final certified copy may be more than one page.
3. ANTI-FORGERY MEASURES
Anti forgery measures for certified copies of the complementary certificates shall be the same as those for complementary certificates, described in Annex II section 3.
4. COMMUNITY MODEL OF CERTIFIED COPY OF COMPLEMENTARY CERTIFICATE
ANNEX IV
HARMONISED APPLICATION FORM FOR TRAIN DRIVING LICENCES
1. GENERAL REMARKS
Competent authorities may use the following harmonised format for collecting information with a view to issuing a new, renewed, amended or updated train driving licence or a duplicate thereof. In addition, they may provide the user of the form with the necessary explanations and instructions given below.
Content of the application form
The harmonised application form shall consist of the following parts:
The licence application form to be filled in when an applicant, or an entity on his behalf, requires a new, an updated, an amended, a renewed or duplicate train driving licence. The harmonised application form is set out in section 3.
A personal data protection statement. The need to protect personal data shall be reflected in the procedure for obtaining a licence. An example of a data protection statement is set out in section 4. Member States may adapt it to their own national requirements pursuant to Directive 95/46/EC ( 6 ).
The list of annexed documents, to be used as a check list for the supply of certificates or any other document providing information about the initial requirements for applying for a licence or the requirements necessary for renewal. This is set out in section 5.
Guidance on the application form for applicants and competent authorities. This is set in Section 5.
2. HARMONISED APPLICATION FORM
