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Translation from Romanian THE EUROPEAN SOCIAL FUND Sectoral Operational Programme for Human Resources Development 2007 – 2013 Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners and civil society" Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no: POSDRU/93/3.3/S/53132
2013_04_L30.1_Bocii
Guide to certification and recognition for the profession of: TRAIN DRIVER
Author: Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, bociis@yahoo.com, 0722519943 Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER, Romanian Naval Authority, CERONAV
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CONTENT Introduction..........................................................................................................................
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I. The status of the regulation of the profession of: train driver in Romania and in other Member States of the European Union......................................................................
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II. Confirmation/certification procedures of competences applied by the Competent Authorities in countries where the profession is regulated.................................................
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Train driver training in the EU….....……………..………………………………...
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2.1
2.2 Examination and assessment of competences for the authorisation of train drivers ………………………………………………………………………….……..
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2.3 Attaining a permit and a certificate............................................................................
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III. Processes of recognition of qualifications attained in other Member States of the European Union....................................................................................................................... 16 3.1 Recognition of professional qualifications in the Czech Republic...........................
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3.2 Recognition of professional qualifications in Romania............................................. 22 3.3 SOLVIT…………………………………………………………….……………….
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IV. The practice of the train driver profession in the EU.………………………………… 37 Conclusions…...……………………………………………………………………………..
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Bibliography…………..……………………………………………………………………..
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INTRODUCTION The project, “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)”, seeks, through the proposed activities, the attainment of three major objectives throughout the implementation period, with the aim of obtaining results which are beneficial for all parties, both during implementation, as well as post-implementation. The guide to the certification and recognition of the profession of Engine Operator/Navigational Watch constitutes one of these results, which developed following an analysis, conducted together with the Competent Authorities, of the validation and certification of competences and processes of recognition of qualification for each of the regulated professions. Thus, the development of guides by regulated profession was considered to be highly important, aiming at achieving the following objectives:
Helping the Competent Authorities in Romania in the unfolding of the activity of standardisation of the processes of certification and recognition of the regulated professions under their management by informing them in regard to the practices from other Members States of the European Union;
Informing all private persons who acquired qualifications in the respective field of activity in Romania and who wish to practice the said profession in one of the Member States of the European Union;
Promoting and consolidating the multisectorial partnership structure created through the project (The IMI PQ NET Romania Network), being assisted by the IMI platform of the European Commission. The guide to certification and recognition of the regulated profession/professions has a standard
structure as was developed in accordance with the Development methodology of guides to certification and recognition of professions, the analysis having been done for those Member States of the European Union which were analysed (The Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands, Portugal and Spain), where the respective profession is regulated. Thus, this guide is the result of research activities on specialised bibliography concerning the profession in question from each Member State of the European Union, as well as of the existent and accessible information from the statistics in the IMI system. In addition, the comparative studies at a European Union level were taken into consideration, developed for the approached field, which are based on the experience of some study visits where the models and, more importantly, the examples of good practices in the field of professional qualification and of the implementation of the IMI system were identified.
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I. THE STATUS OF THE REGULATION OF THE PROFESSION OF: TRAIN DRIVER IN ROMANIA AND IN OTHER MEMBER STATES OF THE EUROPEAN UNION
The profession of Train driver is regulated, according to the national transposition norms of Directive 2005/36/EC1 of the European Parliament and of the Council, of 7 September 2005, on the recognition of professional qualifications, in six states of the European Union (situation presented in table 1), of which only the Czech Republic is among the Member States analysed. It may be noted that, for the same generic name: train driver, there are states which have several regulated professions, coordinated by a single Competent Authority or by more (two) Authorities. Thus, the status briefly presented in table 1, is the following: Malta has 6 regulated professions: Electric Motor Driver (First Grade); Electric Motor Driver (Second Grade); Engine driver (Steam) (First grade); Engine driver (Steam) (Second grade); Engine driver (Internal combustion) (First grade); Engine driver (Internal combustion) (Second grade); Slovenia has 5 regulated professions: Inštruktor strojevodij (Engine driver instructor); Pomočnik strojevodje/ (Engine driver assistant; Strojevodja (Engine driver) ; Strojevodja za premik (Engine driver for shunting); Voznik progovnih vozil (Driver of track maintenance engine);
Poland has 2 regulated professions for the same generic name: Maszynista (Train driver); Prowadzący maszyny do kolejowych robót budowlanych (Driver of machinery for railway construction works); Bulgaria has only one regulated profession for the same generic name, namely: Локомотивен машинист (Locomotive engine driver); Switzerland also has only one regulated profession: Conducteur de train (train driver);
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OJ L 255, 30.09.2005, p. 22 - 123 4
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The Czech Republic has regulated, in accordance with Directive 2005/36/EC, the profession of: Osoba řídící drážní vozidlo (Rail vehicle driver).
In Romania this profession: train driver is found in Annex no. 2: The list of the regulated professions in Romania of Act 2002 of 25 May 2004, on the recognition of diplomas and professional qualifications for the regulated professions in Romania, which is not presently published in the European database of regulated professions (The Single EU Market. Regulated professions database3).
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Official Journal of Romania, Part I, no. 500 of 3 June 2004 ec.europa.eu/internal_market/qualifications/regprof 5
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Table 1. State of regulation of the profession: Train driver in the EU 4 The name of the profession in the language of origin (translation into English)/ generic name
1
Recognition according to
The country where
The competent authority
it is regulated
Directive 2005/36/EC
Qualification level
(National legislation)
2
3
4
5
Executive Director of Executive Agency Railway Administration to the Minister of Локомотивен машинист (Locomotive engine driver)/ Train
Transport, 1080 Sofia, 5 Gen. Iosif Gurko Bulgaria
driver
Str., Phone: (+359 2) 9 409 428 Fax: (+359 2) 987 67 69, (+359 2) 940 93 65
General system of recognition – primary application (Law on Railway Transport)
Competence Certificate (ATT, art. 11 a)
E-mail: iaja@mtitc.government.bg Web site: www.iaja.government.bg Rail Authority, Wilsonova 300/8 Osoba řídící drážní vozidlo (Rail vehicle driver)/ Train driver
121 06 Prague – Vinohrady, Czech Republic
Phone: +420 224 641 840 Fax: +420 224 641 831
E-mail: podatelna@du-praha.cz
4
General system of recognition – primary
Competence
application (Act No.
Certificate
266/1994 Coll., on rail
(ATT, art. 11 a)
systems, § 45)
http://ec.europa.eu/internal_market/qualifications/regprof (07.04.2013) 6
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Continuation of table 1 1 Electric Motor Driver (First Grade)/ Train driver Electric Motor Driver (Second Grade)/ Train driver Engine driver (Steam) (First grade)/ Train driver Engine driver (Steam)(Second grade)/ Train driver Engine driver (Internal combustion) (First grade)/ Train driver Engine driver (Internal combustion) (Second grade)/ Train driver
2
3
4
Department Of Industrial and Employment Relations, 121, Melita Street, Valletta, VLT Malta
1121 Malta, Phone: (+356)21224245/6
Level to be checked
Fax: (+356)21243177
Level to be checked
E-mail: ind.emp.relations@gov.mt
Prezes Urzędu Transportu Kolejowego (President of the Office for Railway Transport), ul. Chałubińskiego Maszynista (Train driver)/ Train driver
5
Poland
400-928 Warszawa, Phone: + 48 22/630-18-30 Fax: +48 22/630-18-90 utk@utk.gov.pl, www.utk.gov.pl
SEC – Certificate
General system of recognition – primary application
which attests to the completion of a secondary education cycle, art. 11 b
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3
4
Continuation of table 1 5
Prezes Urzędu Transportu Kolejowego (President of the Office for Railway Transport), ul. Chałubińskiego SEC – Certificate
400-928 Warszawa, Phone: + 48 22/630-18-30 Prowadzący maszyny do kolejowych robót budowlanych (Driver of machinery for railway construction works)/ Train driver
Fax: +48 22/630-18-90 utk@utk.gov.pl, www.utk.gov.pl Poland
Dyrektor Transportowego Dozoru Technicznego (Director of Transportation
General system of recognition – primary application
Technical Supervision), Ul. Chałubińskiego 4
which attests to the completion of a secondary education cycle, art. 11 b
00-928 Warszawa, Phone: + 48 22/4 902 902 Fax: + 48 22/830 22 22 info@tdt.pl, www.tdt.pl SEC – Certificate
Ministrstvo za Infrastrukturo in Prostor Inštruktor strojevodij (Engine driver instructor)/ Train driver
Slovenia
(Department of Infrastructure and Space),
General system of
Langusova ulica 41535 Ljubljana, Phone:
recognition –
+386-1 478 80 00, Fax: +386-1 478 81 39
primary application
gp.mzp@gov.si, www.mzip.gov.si
which attests to the completion of a secondary education cycle, art. 11 b
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3
4
Continuation of table 1 5
Pomočnik strojevodje/ (Engine driver SEC – Certificate
assistant)/ Train driver Ministrstvo za Infrastrukturo in Prostor
Strojevodja (Engine driver) / Train driver Strojevodja za premik (Engine driver
Slovenia
for shunting) / Train driver
(Department of Infrastructure and Space),
General system of
Langusova ulica 41535 Ljubljana, Phone:
recognition –
+386-1 478 80 00, Fax: +386-1 478 81 39
primary application
gp.mzp@gov.si, www.mzip.gov.si
which attests to the completion of a secondary education cycle, art. 11 b
Voznik progovnih vozil (Driver of track maintenance engine)/ Train driver Office fédéral de la formation professionnelle et de la technologie (OFFT), (Swiss Federal Conducteur de train/ Train driver
Department of Economic Affairs, Federal Switzerland
Office for Professional Education),
Level to be checked
Level to be checked
Effingerstrasse 27 3003 Berne, www.bbt.admin.ch
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II. CONFIRMATION/CERTIFICATION PROCEDURES APPLIED BY THE COMPETENT AUTHORITIES IN COUNTRIES WHERE THE PROFESSION IS REGULATED The process of certification of competences is the process through which an accredited institution certifies the fact that a person has competences in a specific field, through a document which is called a certificate (attestation) of professional competence. A certificate of professional competence is not a diploma of studies, however it certifies that a person has a certain level of expertise in a specific field, and this allows an increase in his chances to be hired and gives a higher credibility to his services and the goods which he makes. The basic principles of the process of certification of professional competences are the following:
The certification of competences is an optional process and not a mandatory one. Nevertheless, institutional policies may exist which mandate the certification of the competences of their members as a requirement to be part of the respective organization;
The evaluation of professional competences can be done by the same organisation which certified the competences or by another organisation;
Generally, the professional competence is checked in its entirety and not parts of it;
The certification of professional competences is a separate process from professional training (in other words, an organisation that awards professional competences through training cannot directly participate in their certification);
The centres of professional training may facilitate the professional competence certification process through partnerships and agreements with the competence certification organisations.
2.1. Train driver training in the European Union Through Directive 2007/59/EC5 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, the training requirements for the profession of train driver, as well as the examination methods towards the certification of the competences and the authorisation of the candidates who wish to practice this profession on the territory of a Member State of the European Union were regulated at the European level. Considering the fact that train driver is a profession with traffic safety responsibilities in the railway transport system, for which the authorisation of the personnel is mandatory, an optimal balance must exist in training students between the theoretical training (courses and demonstration) and the practical one (work place experience, operating a train with and without supervision on closed lines for training). As an
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exemplification, the duration of the qualification programme for the profession of train driver, in Romania, is:
Theoretical training – 570 hours;
Practical training – 120 hours;
Internship in production (operating the locomotive under the supervision of an authorised person): 640 hours;
The duration of the program in weeks: 38. Computer-aided training is one of the accepted methods for individual learning of operational rules,
for signalling problems, etc. Use of simulation, although not mandatory, may be useful for efficient training of drivers. Among the advantages of using the simulation system in the professional training of train drivers, the following can be mentioned: smaller costs; training under stress conditions; unfavourable and extreme situations (difficult to reproduce in reality); elimination of risks during practical training; repeating exercises. Regarding the acquirement of knowledge concerning the routes, the approach which should be favoured is that where the train driver accompanies another driver on the route for an adequate number of trips, both during daytime, as well as during night time. Among other methods, video recording of the routes may be used, as they are seen from the driver’s cabin, as an alternative training method. The objectives of general training for obtaining the permit of train driver, with validity on the whole European Union space, specified in Annex IV of Directive 2007/59/EC of the European Parliament and of the Council, of 23 October 2007, are the following:
acquiring the knowledge and procedures regarding railway technologies, including safety principles and the philosophy behind operational regulations;
acquiring knowledge and procedures regarding the risks related to railway operation and the various means to be used to combat them;
acquiring knowledge and procedures regarding the principles guiding one or more railway operating modes;
acquiring knowledge and procedures regarding trains, their composition and technical requirements on traction units, wagons, coaches and other rolling stock. Following this type of training train drivers shall:
understand the specific requirements for working in the profession of driver, its importance, and the professional and personal demands (long periods of work, being away from home, etc.);
apply staff safety rules;
identify rolling stock;
know and apply a working method in a precise manner; 11
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identify the reference and applications documents (manual of procedures and manual of lines as defined in the „Operations” TSI, driver’s manual, breakdown manual, etc.);
learn behaviours which are compatible with safety-critical responsibilities;
identify the procedures applicable to accidents involving persons;
distinguish the hazards involved in railway operations in general;
know the principles governing traffic safety;
apply the basic principles of electrotechnology. After completing specific training, during which the students accumulate professional knowledge
concerning rolling stock and requirements on the certificate which accompanies the train driver licence, the graduates of the course (the train drivers) shall demonstrate that they are able to carry out the following tasks: 1. Testing and checking the locomotive and train prior to departure on a trip (pulled)
collect the documentation and the necessary equipment;
check the capacities of the traction unit;
check the information entered in the documents on board the traction unit;
ensure, by performing the checks and tests specified, that the traction unit is capable of providing the required traction power, and that the safety equipment is operating;
checking the availability and functionality of the prescribed protection and safety equipment at the handover of a locomotive or at the start of a trip;
perform any routine preventive maintenance operations.
2.
Knowledge of Rolling Stock To operate a locomotive, drivers must be familiar with all the controls and indicators placed at their
disposal, in particular those concerning:
traction;
braking;
traffic safety-related elements. In order to detect and locate anomalies in the rolling stock, report them and determine what is
required to repair them, and in certain cases, to take action, drivers must be familiar with:
mechanical structures;
suspension and attachment equipment;
running gear;
safety equipment;
fuel tanks, fuel supply system, exhaust equipment; 12
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the meaning of markings on the inside and outside of the rolling stock, in particular the symbols used for the transportation of dangerous goods;
trip registration systems;
electrical and pneumatic systems;
collection of current and high-voltage systems;
communication equipment (ground-to-train radio, etc.);
arrangements of trips;
the constituent parts of the rolling stock, their purpose, and the devices specific to the hauled stocks, in particular the system of stopping the train by venting the brake pipe;
braking system;
the parts specific to traction units;
traction chain, motors and transmission.
3. Testing the brakes Drivers must be able to:
check and calculate, before departure, that the train’s braking power corresponds to the braking power required for the line, as specified in the vehicle documents;
check the functioning of the various components of the braking system of the traction unit and of the train, as appropriate, before departure, at start-up and during running.
4. Operating mode and maximum speed of the train in relation to the line characteristics Train drivers must be able to:
take note of information given to them before departure;
determine the type of running and the limit speed of the train on the basis of variables such as speed limits, weather conditions or any signalling changes.
5. Driving the train in a way which does not damage installations or vehicles Drivers must be able to:
use all available control systems in accordance with the applicable rules;
start the train taking account of adhesion and power constraints;
apply the brakes for decelerations and stops, taking account of the rolling stock and installations.
6.
Anomalies Drivers must:
be able to be attentive to unusual occurrences concerning the behaviour of the train;
be able to inspect the train and identify signs of anomalies, distinguish between them, react according to their importance and try to remedy them, always giving priority to the safety of rail traffic and persons;
know the available means of protection and communication. 13
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7. Operating incidents and accidents, fires and accidents involving persons Train drivers must:
be able to take steps to protect the train and summon assistance in the event of an accident involving persons on board the train;
be able to determine whether the train is transporting dangerous goods and identify them on the basis of train documents and wagon lists;
know the procedures relating to the evacuation of a train in case of emergency.
8. Conditions for continuing running after an incident involving rolling stock
After an incident, drivers must be able to assess whether the vehicle can continue to run and under what conditions, so as to inform the infrastructure manager of those conditions as soon as possible.
Drivers must be able to determine if an expert evaluation is necessary before the train can continue.
9. Immobilisation of the train
Drivers must be able to take measures to ensure that the train, or parts thereof, does not start up or move unexpectedly, even in the most difficult conditions;
Furthermore, drivers must have knowledge about measures which can stop a train or parts thereof in case it has started to move unexpectedly.
2.2. Examination and assessment of competences for the authorisation of train drivers The Competent Authorities in the Member States of the European Union make sure that all the activities related to training, knowledge assessment and updating licences and certificates are subject to continuous monitoring based on a quality standards system. This provision shall not apply to the activities which are already covered by the safety management systems put in place by railway undertakings and infrastructure managers in accordance with Directive 2004/49/EC of 29 April 2004, on safety on the Community’s railways. In accordance with the provisions of 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 (art. 25), the examiners are determined:
for the part relating to the licence: by the competent authority, when laying down the procedure to be followed to obtain a licence in accordance with Article 14 Paragraph (1);
for the part relating to the certificate: by the railway undertaker, railway operator or the infrastructure manager when laying down the procedure to be followed to obtain a certificate in accordance with Article 15.
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Independent assessment of train drivers 
An independent assessment of the procedures for the assessment of professional knowledge and competences, and of the system for the issuing of licences and certificates, shall be carried out in each Member State at intervals of not more than five years. This shall not apply to activities already covered by the safety management systems put in place by railway undertakings and infrastructure managers in accordance with Directive 2004/49/EC. The assessment shall be carried out by qualified persons who are not involved in the activities concerned;

The results of these independent assessments shall be duly documented and brought to the attention of the competent authorities concerned. If necessary, Member States shall take appropriate measures to remedy any shortcomings brought to light by the independent assessment.
2.3. Attaining a licence and a certificate The competent authority shall publish the procedure to be followed for obtaining a licence of train driver, receiving all the applications from the candidate drivers (or from any railway operator who acts on their behalf). Applications submitted to the competent authority may be for the grant of a new licence, the updating of licence particulars, a renewal or a duplicate. The competent authority shall issue the licence as soon as possible and no later than one month after receiving all the necessary documents. A licence shall be valid for 10 years, subject to Article 16 paragraph (1) of 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. A licence shall be issued in a single original. Any duplication of a licence, other than by the competent authority where a duplicate is requested, shall be prohibited. Each railway undertaking and infrastructure manager shall set up its own procedures for issuing and updating certificates in accordance with Directive 2007/59/EC of the European Parliament and of the Council, of 23 October 2007, as part of its safety management system, as well as appeals procedures allowing applicants to request a review of a decision relating to this issue, namely: updating, suspension or withdrawal of a certificate. Railway undertakings and infrastructure managers shall update, without delay, a certificate whenever the certificate holder has obtained additional authorisations relating to rolling stock or infrastructure.
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III. PROCESSES OF RECOGNITION OF QUALIFICATIONS ATTAINED IN
OTHER MEMBER STATES OF THE EUROPEAN UNION The freedom of movement of persons was one of the main objectives of the Common Market, created through the Treaty of Rome6 of 1957 (the freedom of establishment, the free movement of services, and the free movement of people being fundamental principles of this treaty). The general system of recognition of professional qualifications is based on the following principles:
The principle of mutual trust between Member States of the European Union;
The absence of harmonization in professional training for practicing the profession in question. Each Member State will decide the access or lack of access to practice the profession on its territory, the content and level of training for practicing the profession in question;
The existence of counter-available measures when there are significant differences between the contents of the professional training in different Member States. The rule is as follows: no Member State can refuse the access to a regulated profession on its territory to European Union citizens, who are fully qualified to practice this profession in another Member State, and this, regardless of the differences among the two states (interpretation of the mutual trust principle). If these differences are "substantial",
the competent authorities from the host Member State may complete the recognition after the applicant passes an aptitude test or completes a trial period (adaptation period, traineeship, apprenticeship). The assessment process must be impartial and the evaluation mechanisms must be designed in such a manner as to avoid any type of conflicts and interests, including by a high professionalization of the assessors. Defining these principles must avoid the standardisation of measures between different European states, which would conflict with the objectives of the Bruges-Copenhagen process, and the contrast with the adoption of top-down approaches. In order to improve the gaps between the different European systems of recognition of qualifications we must:
Ensure the quality, and through it the trust in the confirmation process, trying, in the same time, to create links between the different systems of confirmation of professional qualifications;
Consult the norms and principles already existent at the national and international level (for example:
the EN 45013/ISO 17024 norms).
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Treaty of Rome refers to the treaty through which the European Economic Community (EEC) was established and was signed by France, West Germany, the Netherlands, Italy, Belgium and Luxemburg on March 1957. 16
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3.1. RECOGNITION
OF
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PROFESSIONAL
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QUALIFICATIONS
IN
THE
CZECH
REPUBLIC
The recognition of professional qualifications and the list of required documents are regulated in the Czech Republic by Law no. 18/2004 Col - Act on Recognition of Professional Qualifications. The request procedure for recognition of professional qualifications (Osoba řídící drážní vozidlo – train driver), includes the following steps:
1. Acquiring the request form for the recognition of professional qualifications is possible: by downloading it from the web site (http://uok.msmt.cz/uok), or, directly, from:
The respective Competent Authority (Rail Authority);
Ministry of Education, Youth and Sport (as a point of contact), or
Ministry of Industry and Commerce (in case the applicant intends to practice a regulated profession which has an independent support, a commercial licence, etc.).
2. Completing the request on-line and presenting the requested documents. In accordance with section 22 Par. 2 from the Act on Recognition of Professional Qualifications, the applicant presents the following information in the request:
surname and first name;
birth date, citizenship;
mailing address;
necessary documents for certification of the regulated profession which the applicant intends to practice in the Czech Republic;
manner of practice of the regulated profession (a person who carries out independent activities or an employee). The request must be supported by:
identity card, proof of citizenship in accordance with the provisions stipulated in section 1, part 2 of Act no. 18/2004 Col. Act on Recognition of Professional Qualifications;
proof of professional qualifications;
proof of other competences;
document confirming the payment of an administrative fee. The administrative fee for submitting the request form for recognition of professional qualifications amounts to 2.000 CZK (Czech Koruna – Koruna Česká). In the case that the role of the competent authority is fulfilled by an
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association or a professional chamber, the administrative fee will be specified by the regulations of the association or of the respective chamber. Proof of professional qualification includes among others: Proof of education and training, clearly specifying the education level attained (elementary, secondary, post-secondary, higher - bachelors or masters), the length and content of attained education or training. The identity card and the proof of citizenship in a Member State of the European Union are presented as photocopies. Nevertheless, the competent authority may request the originals for examination of authenticity. The originals or certified photocopies (authenticated by a notary) of the professional qualification proofs and other competences are presented only in the case when the competent authority cannot verify the authenticity of the documents through administrative cooperation. The documents which attest the professional qualifications and other competences of the applicant must be translated into the Czech language‚ with the exception of the cases when between the origin state and the host one there is an international treaty that cancels this requirement (The Hague Convention: Romania and The Czech Republic signed it in 16.03.2001). In the case where the competent authority questions the correctitude and authenticity of the translation or in the case when no proof of authenticity was received by administrative means, the respective competent authority is entitled to request proof translated in the Czech language by one of the interpreters from the list of experts and translators of the Czech State. 3. The request form completed with the requested annexes must be submitted to the competent authority. In addition, it is also possible to submit the recognition request to the Ministry of Education, Youth and Sports (point of contact), which has the obligation of sending it to the competent authority, without delays. The process of recognition of professional qualifications takes place in the Czech Republic.
4. The decision concerning the submitted request based on section 24 Part 5 of the Act: The competent authority has the obligation to decide, without delay, within 60 days from the submission of the complete request (with all the requested documents). In the case of the consolidate procedure or of a remarkably complex request, the competent authority, according to section 25, paragraph 2, has the obligation to make a decision within maximum 90 days. In case the decision enters into juristic litigation, the competent authority has the obligation to return the documents (originals or authenticated by a notary) submitted by the applicant within 15 work days (proof of professional qualifications and of other competences attained or the proof of European citizenship). The competent authority issues a decision which will attest that: 
the applicant has a recognised professional qualification; 18
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European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
there are counter-available measures that must be taken into consideration (adjustment periods or an aptitude test) before the recognition, which are required of the applicant;
the request for recognition of professional qualification is rejected.
5. The appeal of the applicant against the decision of the competent authority An appeal against decisions issued by a Competent Authority (a central administrative organ) can be made7, the management of the Competent Authority thus receiving the appeal from the „The Permanent Appeal Commission". The deadline for submitting an action (appeal) is of 15 days after the announcement of the decision of the Competent Authority (with the exception of the situation in which the plaintiff was not properly informed concerning the possibility and legal period during which an appeal can be made). In some cases, the decisions may be reviewed by the court based on an administrative ordinance (section 65 of Act no. 150/2002 Coll.) or on a civil action (section 246 of Act 99/1963 Coll.).- administrative or civil (section 72 of Act no 150/2002 Coll and section 247 of Act no. 99/1963). The legalisation of documents is done in conformity with the Hague Convention (convention adopted in Hague on October 5, 1961) for eliminating the requirement of super-legalisation of official foreign documents: a) for the documents issued by the judicial authorities, including documents issued or certified by notaries:
Ministry of Justice, International Department, (Vysehradska 16, 128 00 Praha 2, phone: +42(2) 2199 7157, fax: +42(2) 2491 1365);
b) for other documents issued or certified by the public administration authorities or by other authorities:
Ministry of Foreign Affairs, Consular Directory. Based on the agreement with The Ministry of Finance from the Czech Republic, an administrative
fee of 100 CZK (Czech Koruna – Koruna Česká) was determined for legalisation of documents, (Act no. 368/1992 Coll,).
7
Section 152, Act no. 18/2004 Col. Act on Recognition of Professional Qualifications 19
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European Social Fund POS DRU 2007-2013
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Have you acquired professional qualification in EU/EEA or Switzerland and you want to exercise your profession in the Czech Republic?
Is your profession regulated in the Czech Republic?
Unlimited access to the Labour market
NO NU
U
U YES
Recognition of qualification needed
Are you qualified for the same profession in your country?
The Directive is not applicable.
NO NU
U
U YES
Do you want to exercise your profession temporarily or occasionally?
Do you want to work in the Czech Republic permanently? Is it necessary to inform a relevant recognition authority by declaration?
YES
Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect?
YES
Is the respective profession regulated in your country or can you prove that during the previous 10 years you have had at least 2 years of relevant professional experience?
NO NU
U
U
The principle of automatic recognition can be applied. NO
Is the respective profession regulated in your country or can you prove that during the previous 10 years you have had at least 2 years of relevant professional experience?
NO
NU
YES
U
U
The Directive is not applicable.
Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect with the option of automatic recognition?
NU
1
U
U
2
3
4
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European Social Fund POS DRU 2007-2013
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Structural Instruments 2007 - 2013
2
3
YES
4
YES
Your study programme will be compared with the corresponding one required in the Czech Republic.
YES
Considering your profession, is there a danger for public health or safety?
YES
YES YES
Is the difference between your qualification and the qualification required in the Czech Republic higher than one level?
NO NU
U
The qualification will be checked.
NO NU
U
U Are there some substantial differences in the content of curriculum which cannot be covered by professional experience?
NO NU
U
U
U
Are there substantial differences between your study programme and the one required in the Czech Republic which may influence the public safety and health?
YES
YES
Aptitude test or adaptation traineeship.
RECOGNISED QUALIFICATION
Aptitude test or adaptation traineeship
NO NU
U
U ACCESS TO PROVIDE SERVICES
Figure 2. Professional qualifications and services recognition procedure in the Czech Republic 8
8
What you should know about the system for mutual recognition of professional qualifications in the EU Member
States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka Skuhrová, Prague 2008, p. 9 21
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3.2. RECOGNITION OF PROFESSIONAL QUALIFICATIONS IN ROMANIA
Train drivers must have the physical capacity and the required qualifications for driving trains and must hold the following documents: 
a licence proving that the driver satisfies the minimum conditions concerning the medical requirements, has basic studies and general professional skills. The licence identifies the driver and the issuing authority and mentions the validity duration.

one or more certificates which mention the infrastructure on which the holder of the certificate is authorised to drive and the rolling stock which the holder of the certificate is authorised to drive. Directive 2007/59/EC9 of the European Parliament and of the Council of 23 October 2007, part of
the third railway package, provides for the recognition on all the European Union territory of licences and certificates obtained by train drivers from Member States. The differentiation of licence/certificate is necessary because the possibility exists that a driver obtained a licence for driving trains, but is authorised by a certificate to drive only on shunting lines or only trains for infrastructure work (for which a category A certificate is valid), not also passenger trains (for which a category B certificate is valid). In Romania, licences and certificates are issued by the Romanian Railway Safety Authority within the Romanian Railway Authority, but only if the applicant satisfies a series of minimum medical, psychological and professional conditions. Thus, the drivers are subjected to a medical and psychological examination and not least, to an examination through which their general professional competences are assessed. The requirement to hold a certificate for a specific part of infrastructure shall not apply in the exceptional cases listed hereafter, provided that another train driver who possesses a valid certificate for the infrastructure concerned sits next to the driver during driving: a) when a disturbance of the railway service necessitates the deviation of trains or maintenance of tracks, as specified by the infrastructure manager; b) for exceptional, one-off services which use historical trains; c) for exceptional, one-off freight services, provided that the infrastructure manager agrees; d) for the delivery or demonstration of a new train or locomotive; e) for the purposes of training and examining drivers. The use of this possibility shall be a decision of the railway undertaking and may not be imposed by the relevant infrastructure manager or by the competent authority. Whenever an additional driver is used as provided for in paragraph (2), the infrastructure manager shall be informed beforehand. 9
Directive 2007/59/EC of the European Union 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, OJ L315, 03.12.2007, p. 51 78 22
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The certificate shall authorise driving in one or more of the following categories: a) category A: shunting locomotives, work trains, maintenance railway vehicles and all other locomotives when they are used for shunting; b) category B: carriage of passengers and/or of goods. A certificate may contain an authorisation for all categories, and all codes as referred to in paragraph (4) of Article 4. The models for licences, certificates, certified copies of the certificates and, also, their physical characteristics, taking into consideration the anti-forgery measures, shall comply with the requirements and the characteristics of the Community model. The codes for different types within categories A and B, as they are provided for in paragraph (3), are those adopted at the Community level. THE FORMAT OF THE TRAIN DRIVER LICENCE10 The train driver licence keeps the Community model, reference colours (Pantone Reflex Blue and Pantone Yellow) and the graphic provided in the Annex. The European Railway Agency shall provide an 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 the EU languages) and the 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) name of the Member State issuing the licence; (c) the distinguishing sign of the Member State issuing the licence, based on the alfa-2 code provided in the ISO 3166 standard, printed in negative in a blue rectangle and encircled by 12 yellow stars (for example: CZ: the Czech Republic, RO: Romania). (d) information specific to the licence issued, to be numbered as follows: 1. 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; 2. 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; 3. the date and place of birth of the holder; 4a. the date of issue of the licence; 10
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 of the Council, OJ L 13, 19.01.2010, p. 1 -27 23
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European Social Fund POS DRU 2007-2013
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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); 5. the number of the licence giving access to data in the national register based on the European Identification Number (EIN), formed of two digits for the type of document, in accordance with the provisions of Commission Regulation (EC) no. 653/200711, on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council. 6. a photograph of the holder; 7. the signature of the holder. Verso shall contain: 8. the permanent place of residence or postal address of the holder (optional), displayed in space identified with number 8; 9. 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 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 words „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 (for example: Czech: LICENCE STROJVEDOUCÍHO, and in Romanian: PERMIS DE MECANIC DE LOCOMOTIVĂ). In figure 2 the Community model of train driver licence is shown.
11
OJ L 153, 14.06.2007, p.9 24
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European Social Fund POS DRU 2007-2013
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The number of the train driver licence is attributed by the Competent Authority or by the delegated body, when issuing it. The number shall be preserved, for the case of renewal, amendment, update or issue of a duplicate. When the licence is renewed, after ten years, a new photo and a 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. The new code or codes shall be added according to the procedure established in accordance with Article 14 paragraph (1) of Directive 2007/59/EC. The Competent Authority shall update the licence according to the procedure and delay established in accordance with Article 14 paragraph (1) of Directive 2007/59/EC. The railway undertakings or infrastructure managers who are employing or contracting train drivers shall implement without delay any decision deriving from the result of medical checks. Any change in the status of the train driving licence shall be recorded in the national register of train driving licences.
The documents required for obtaining a new licence:
The signed application form;
Authorisation to process personal data (Directive 95/46/EC);
Evidence of highest level of education graduated;
Certificate of physical fitness;
Certificate of occupational psychological fitness;
Certificate of general professional competence;
Copy of passport/national identity card/other recognised document proving identity. Documents required for the renewal of the train driver licence:
Certificate of physical fitness;
Copy of the last licence;
Evidence of maintained competences (if applicable).
25
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Fig. 2. Community model of train driver licence12 COMMUNITY MODEL OF COMPLEMENTARY CERTIFICATE Railway undertakings and infrastructure managers shall issue complementary certificates to be carried by the train driver they employ or hire 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 (languages) in which the certificates are issued.
12
OJ L13, 19.01.2010, p. 8 26
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Complementary certificates shall contain the following information: data on the employer (the company name; the category of the entity: „railway undertaking” or „infrastructure manager”; the postal address: street, post code, city and country; the train driver’s personal reference number within the company); data on the holder (place of birth; date of birth; the nationality of the train driver; the postal address); categories of driving (Category A: A1 = when limited to shunting locomotives; A2 = when limited to work trains; A3 = when limited to maintenance railway vehicles; A4 = when limited to all other locomotives when they are used for shunting; A5 = other, if the authorization is related to services or rolling stock not included in the previous categories; Category B: B1 = when limited to carriage of passengers; B2 = when limited to carriage of goods); additional information; data related to language skills (the list of all languages, other than the native language, that are necessary to operate on the relevant infrastructure, and that are known by the train drivers and, at the same time, comply with the requirements of Annex VI to Directive 2007/59/EC); restrictions (related to the characteristics and capabilities of the train driver; for example: driver allowed to drive only in daylight); data relating to the rolling stock (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); data related to infrastructure (a box for the date of the beginning of validity of the relevant competence; a box for the extent of infrastructure on which the train driver is allowed to drive; a box with space for notes).
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. Cover 1 shall display the following information: surname and name of the holder; licence number; issue and expiration dates of the complementary certificate; data related to the issuing entity and stamp. It may include a company internal number for administrative purposes. Cover 2 shall contain data on the employer/contracting entity and additional data on the holder, numbered as follows: data on the employer or the contracting entity; data on the train driver (holder of the complementary certificate). Cover 3 shall contain: categories of driving; additional information; language skills; restrictions. The inside pages shall contain the types of rolling stock that the train driver is authorised to drive (types, date of initial assessment) and the list of infrastructures on which the train driver is authorised to drive. Additional internal pages may be added to include information that exceeds the available space. The minimum requirements for obtaining a train driver licence, are provided in HG 1611/16.12.2009, Articles 9, 10 (the minimum age of the licence applicants) and 11 (the minimum education 27
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Structural Instruments 2007 - 2013
level required in accordance with Community provisions in force13), and for obtaining a certificate the applicants shall meet the minimum requirements provided by Articles 12 and 13. Thus, according to Art. 9 paragraph (3), cumulated with Art. 7 of 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, the licences issued in other Member States of the European Union shall be recognised on the territory of Romania. In figure 3 is presented the Community model of the complementary certificate. In accordance with the provisions of 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 (Annex II), train drivers must not be suffering from any medical conditions or be taking any medication, drugs or substances which are likely to cause:
a sudden loss of consciousness;
a reduction in attention or concentration;
sudden incapacity;
a loss of balance or coordination;
significant limitation of mobility.
Mandatory medical examinations before appointment are:
a general medical examination; examinations of the sensory functions: vision (aided or unaided distance visual acuity: 1,0; minimum of 0,5 for the worse eye; maximum corrective lenses: hypermetropia + 5/myopia – 8); hearing (the hearing deficiency must not be higher than: 40 dB at 500 and 1 000 Hz and than 45 dB at 2 000 Hz for the ear with the worst air conduction of sound); colour perception (the Ishihara test);
blood or urine tests, testing among others for diabetes mellitus, insofar as they are necessary to judge the candidate’s physical aptitude;
an Electro-Cardiogram (ECG) at rest;
tests for psychotropic substances such as illicit drugs or psychotropic medication and the abuse of alcohol calling into question the fitness for the job;
13
cognitive: attention and concentration; memory; perception; reasoning; communication;
psychomotor: reaction time, hand coordination.
Recommendation of the European Parliament and of the Council of 23 April on the establishment of the European Qualifications Framework for lifelong learning , OJ C111, 06.05.2008, p. 1 - 7 28
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Fig. 3. Model of EU complementary certificate (front side-back side) 29
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Besides the medical examinations, occupational psychological examinations are also required, whose purpose is to assist in the appointment and management of staff. This type of examination, by the content of the psychological examination, must assess that the applicant driver has no established occupational psychological deficiencies, particularly in operational aptitudes or any relevant personality factors, which are likely to interfere with the safe exercise of the duties. If the documents submitted with the file are acquired in MS of the EU, resulting in establishing their conformity through the IMI system, and for the stages which must be followed for this purpose a flow chart was prepared, presented in figure 4. Professional training and improvement of train drivers The required professional training and improvement for obtaining/renewing the driving licence of train driver is carried out within the National Centre of Railway Qualification and Training (CENAFER), and the required professional training and improvement for obtaining the authorisations within the harmonised complementary certificate is carried out within the authorised training centres, according to the law, by the Ministry of Transport through the Romanian Railway Safety Authority (RRSA) within the Romanian Railway Authority (AFER). The professional training plans organised by CENAFER include, mainly, the following items:
the objectives of the professional training plan expressed in professional competences which shall be acquired by each person participating in the programme;
duration of training for achieving the proposed objectives;
the minimum and maximum number of participants for a training cycle or series;
persons with theoretical and practical training responsibilities;
training curricula;
the means and methods which ensure the transmission and acquisition of knowledge and forming the necessary skills for the training;
facilities, equipment and materials required for training;
the assessment procedure in accordance with the objectives specific to the professional training plan. In order to establish the criteria for recognition of the training centres which offer professional
training to train drivers and candidate train drivers, for the recognition of examiners responsible with the examination of train drivers and of train driver candidates and for organising the examinations in accordance with the provisions of Directive 2007/59/EC, the European Union drafted the Commission Decision of 22 November 201114. In accordance with Article 3 of this Decision, the training centres organise training courses, showing objectiveness towards all candidates. Concretely, when a training centre offers training services both to the personnel of the company which owns the training centre, as well as to other persons, the training 14
OJ L 314, 29.11.2011, p. 36 - 40 30
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shall be carried out regardless of the interests of the company who owns the training centre and objectively towards all participants. The training centres apply the same norms both towards the personnel of the company which owns the training centre, as well as towards other persons. The Member States of the European Union shall ensure that measures are taken in order to guarantee the compliance with this principle. The training of train drivers includes a part referring to the driving licence, which will reflect the general professional knowledge, as described in Annex IV (Directive 2007/59/EC15 of the European Parliament and of the Council, of 23 October 2007), as well as a part concerning the certificate, which shall reflect specific professional knowledge, as described in Annexes V (p. 72) and VI (p. 75) of the same Directive, where the training methods must meet the criteria established in Annex III (p. 70). The training objectives provided in Annex IV, for the driving licence, and in Annexes V and VI, for the certificate, are supplemented by relevant TSI (Technical Specifications for Interoperability) adopted in accordance with Directive 96/48/EC16 or Directive 2001/16/EC17, on the interoperability of the trans-European conventional rail system. In accordance with Article 13 of Directive 2004/49/EC18 of the European Parliament and of the Council, on safety on the Community’s railways, the Member States of the European Union take measures in order to assure that the train driver candidates shall receive equal and undiscriminating access to the required training for meeting the conditions for obtaining the driving licence and the certificate. Training of train drivers supposes the acquirement of the following types of knowledge in accordance with 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 of the railway system in the Community: general profession competences (Art. 11 paragraph (4)), linguistic knowledge (Art. 12), and professional knowledge relating to the rolling stock (Art. 13 paragraph (1)). The training process of the train drivers also supposes professional knowledge related to the railway infrastructure, including knowledge of the routes (trails) and the operation procedures of the railway vehicles in accordance with Art. 13, paragraph (2), Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007. Concerning the driving licences, the general system of recognition of professional qualifications established by Directive 2005/36/EC of 7 September 2005, continue to be applied for the recognition of professional qualifications of train drivers who are nationals of a Member State and who obtained the training certificate in a third country.
15
OJ L 315, 03.12.2007, p. 51 - 78 OJ L 235, 17.09.1996, p. 6 - 24 17 OJ L 110, 20.04.2001, p. 1 - 35 18 OJ L 220, 21.06.2004, p. 16 - 39 16
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START APPLICANT FILE SUBMISSION TO THE ATTESTATION COMISSION For each candidate who will be examined, for licensing, a file shall be compiled which must contain the following documents: a) the examination request which must include: identification of the train driver -railcar, the unit of employment, and the position held, if applicable, the type of authorisation required; b) documents attesting the professional qualification and the fulfilment of the conditions of the traineeships required for the position in question (a copy); c) document showing that he/she is medically and psychologically fit (a copy); d) the accommodation sheet, drafted in accordance with the provisions of Art. 2 paragraph. (5) (a copy); e) general characterization provided by the designated instructor driver for the guidance and supervision over the accommodation practice, drafted in accordance with the provisions of Art. 3 (a copy); f) copies of the birth certificate and the identity card.
A T T E S T A T I O N C O M I S S I O N The examination commission shall be formed of 3 members, thus: a – a representative of the Railway State Inspectorate within AFER (the president of the commission); b – a representative of CENAFER; c – a representative of the railway operator which requests the examination; CHECKING THE FILE CONTENT AND IF MEETING THE CONDITIONS Candidates who request the certification as train drivers must meet the following requirements: a) The minimum age of the applicants for licences cannot be under 20 years of age. b) The applicants must have completed at least 10 years of studies (primary, middle school and high school) and have completed a basic training equivalent to level 3 referred to in the Recommendation of the European Parliament and of the Council no. 2008/C111/01 of 23 April 2008, published in the Official Journal of the European Union no. C111 of 6 May 2009 on the establishment of the European Qualifications Framework for lifelong learning.
Notices, Additions
NO
EXCEPTIONS .
Are the conditions met?
CHECK
In the Methodology there are no stipulated exceptions
YES DOCUMENT LEGALITY CHECK
YES
Are there documents issued by another MS ?
YES
Is the condition met?
NO
CHECK THROUGH THE IMI SYSTEM DEROGATION CHECK Answer CA in MS?
In the Methodology there are no stipulated derogations
NO POSITIVE
NEGATIVE
EXAM BEFORE THE ATTESTATION COMMITTEE
REJECTED
YES
Is the condition met?
NO Denies the grant of a licence
Exam result? Applicant appeal
ADMITTED
3 1
2
Informing the applicant STOP
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2
3
APPEALS COMMISION 1. Appeals on the results of the authorisation examination shall be submitted to AFER, within 5 working days from the date of communication of the results. 2. Appeals will be resolved within 30 days from their submission by a commission established by AFER management. 3. The decision of the commission is final. Obtaining the train driver licence (valid 10 years)
Admitted
Rejected Appeal result
Entry in the Record Book of AFER
Practicing the profession: train driver
THE DUTIES OF TRAIN DRIVERS Shunting activity with a full team; Shunting activity in a simplified scheme; Driving passenger trains; Driving freight trains; Driving trains on steep downward gradients; Driving passenger and freight trains (except the direct freight trains) in a simplified scheme (without an assistant driver); this authorisation also allows shunting activity in a simplified scheme; handling new or upgraded traffic safety systems with which the locomotives are equipped; performing operations specific to other positions or handling certain types of traffic safety systems.
MONITORING THE ACTIVITY OF TRAIN DRIVERS
DIRECTIVE 59/2007 (HG 1611/2009)
LOSS OF VALIDITY OF ENGINE LICENCES
The validity period of the European licence is of 10 years, with the indication that the provision concerning the requirement that the holder shall be periodically examined or tested. The requirement of continuous training is the main novelty in European certification for train drivers. HG 1611/2009 provides that the railway transport operators and infrastructure administrators shall establish their own monitoring system of their own train drivers.
The licence will lose its validity in the following cases: 1. discontinuation in exercising the position provided for in the licence during a period of over 12 consecutive months; 2. the holder of the licence did not pass the periodic professional exam and he is not maintaining his professional competences; 3. the holder of the licence was declared medically and/or psychologically unfit.
Fig. 4. Logical scheme of a confirmation and certification of competencies procedure for obtaining a train driver licence 33
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Continuous training is a process established in order to assure the maintaining of the employees’ competences, in accordance with point 2 letter (e) in Annex III of Directive 2004/49/EC of the European Parliament and of the Council, on railways safety.
3.3. SOLVIT SOLVIT19 is a problem solving network, in which Member States of the EU work together to solve, without using legal proceedings, problems caused by the misapplication of Internal Market law, by public authorities. SOLVIT deals with cross-border problems between a business or a citizen on the one hand and a public authority on the other, where there is possible misapplication of EU law. The policy areas SOLVIT has most frequently dealt with are:
Recognition of Professional qualifications and diplomas;
Access to education;
Residence permits;
Voting rights;
Social security;
Employment rights;
Driving licences;
Motor vehicle registration;
Border controls;
Market access for products;
Market access for services;
Establishment as self-employed;
Public procurement;
Taxation;
Free movement of capital or payments. Below, are presented the national SOLVIT Centres, of Member States of the European Union which
were analysed:
19
http://ec.europa.eu/solvit/site 34
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Table 2. National SOLVIT Centres 20 Member State of the European Union
Czech Republic
Denmark
Germany
Spain
Italy
SOLVIT Centre Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu Na Františku 32 CZ - 11015 Praha 1, Phone: +420 22 422 1701 Fax. +420 22 485 3079, solvit@mpo.cz Danish Business Authority (Internal Market Centre) Langelinie Allé 17 DK - 2100 Copenhagen, Phone: +45 35 46 62 00 (the hotline) Phone: +45 35 46 66 16 Phone: +45 35 46 66 73, SOLVIT@erst.dk Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37 DE - 10115 Berlin, Fax. +49 3018 615 5379 solvit@bmwi.bund.de SOLVIT - España Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache 26 ES - 28033 Madrid, Phone: +34 91 379 9999 Fax. +34 91 394 8684, solvit@ue.maec.es Presidenza Consiglio Ministri Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT - 00186 Roma, Phone: +39 06 677 95 844 Fax. +39 06 677 95 044, solvit@palazzochigi.it Department for Business, Innovation and Skills
Contacts Barbora Hanáková Zuzana Bakotová Tomáš Stehlík
Jens Kasper Rasmussen Sofie Freilev Karin Kragshave Kristian Yde Agerbo
Lisa Teichmann
Ana Iglesias Ana María Hernández Javier Pascual Pontones
Giuseppina VALENTE Francesco CIPRI Massimo SANTORELLI
1 Victoria Street UK - London SW1H 0ET Phone: +44 20 7215 2833,
Great Britain
Chris Korcz
Fax. +44 20 7215 2234 solvit@bis.gsi.gov.uk
Netherlands
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SOLVIT Nederland Ministerie van Economische Zaken, Landbouw en Innovatie, Bezuidenhoutseweg 30, Postbus 20101 NL - 2500 EC Den Haag, Phone: +31 70 379 7708, Fax. +31 70 379 7014 solvit@mineleni.nl
Koen van Ginneken
http://ec.europa.eu/solvit/site/centres 35
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Continuation of table 2 Member State of the European Union
SOLVIT Centre
Contacts
Ministério dos Negócios Estrangeiros, Direcção Geral dos Assuntos Europeus Serviço do Mercado Interno, Rua Cova da Portugal
Moura, 1, PT - 1350-115 Lisboa, Phone: +351 21 393 57 53; +351 21 393 57 50
Rosarinho MELANCIA Mafalda DE SIQUEIRA
+351 21 393 55 54; Fax. +351 21 393 57 98 solvit@dgac.pt Ministry of European Affairs, Government of Romania Bvd. Aviatorilor nr. 50A, Sector 1, Romania
Bucharest 011854, Phone: +40 21 308 53 40; +4021 308 53 71;
Romulus BENA Karina STAN Ramona-Maria CIUCĂ
+40 37 410 45 23; Fax. +40 21 308 53 96 solvit@dae.gov.ro
Austria
Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, Phone: +43 1 71100-5119, +43 1 71100 - 5293 Phone: +43 1 71100-5187 Fax. +43 1 71100-2207 solvit@bmwfj.gv.at
Sylvia Vana Alexandra GaudmannHeber Christian Müller
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Structural Instruments 2007 - 2013
IV. THE PRACTICE OF THE TRAIN DRIVER PROFESSION IN THE EU Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007, is part of the plan of the European Commission to transform the European railways into a more efficient and more competitive sector. The main objectives of this Directive and of the process of recognition of the profession of train driver are:
Facilitating an easier operation of cross-border railway transport services;
Creating a more flexible European labour market for train drivers;
Introducing more coherent common standards for train drivers in the Member States of the European Union;
Raising public trust in the European railway system by implementing the system of certification of competences and recognition of professional qualifications for the profession of train driver. Introducing the authorisation and recognition process for the profession of train driver at a
European level, through sectoral directives (Directive 2007/59/EC), shall lead to:
better mobility of train drivers on the European labour market;
certification of competences and authorisation of train drivers according to minimum common criteria (requirements) applicable in all Member States of the EU;
recognition of the driving licences and of the related certificates in all Member States of the European Union;
assuring the employers in the railway field (railway operators) in the Member States of the European Union that the licences issued in any other Member State are valid;
creating a "harmonised certificate" model for the professional competences of train drivers, useful both for the training centres as well as for the railway operators for continuous training through the plans proposed in this sector. In accordance with OMTCT no. 226221 of 29 December 2005, on the authorization of staff with
responsibilities in the traffic safety, the staff which acquired the qualification of train driver - railcar, in order to be able to service the traction means and/or installations of traffic safety with which these are equipped, in the activity of train handling and/or hauling, he must obtain the following additional authorisations, if applicable, for:
driving a certain type of locomotive or
handling a traffic safety installation with which it is
equipped;
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shunting activity with a full team or in a simplified scheme;
OMTCT no. 2262/29.12.2005, on the authorisation of staff with responsibilities in the traffic safety Annex 2, Art. 2, paragraph (2), O.J. of Romania, Part I, no. 113 of 07.02.2006 37
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driving trains in a certain category;
driving trains on steep downward gradients;
driving trains in a simplified scheme (without an assistant driver);
handling new or upgraded traffic safety systems with which the locomotives are equipped;
performing operations specific to other positions or handling certain types of traffic safety systems. The minimum training and traineeship requirements, for participating in the authorisation exam for a
certain type of locomotive and/or traffic safety system with which it is equipped, are:
theoretical and practical training with a duration of 80 hours, depending on the technical complexity of the type of locomotive, regarding the construction, maintenance, servicing of the locomotive or the system on the type for which the authorisation was requested;
the railway units which have driving simulators will ensure a number of 10 - 20 hours of exercises on the simulator, depending on the complexity of the locomotive type, within the 80 hours provided above. The minimum training and traineeship requirements for participating in the authorisation exam for
specific activities (for example: shunting with a full team; shunting in a simplified scheme; driving local freight trains and shunting train convoys; driving direct freight trains; driving passenger trains; driving passenger trains, InterRegional, express, IC, ICE and similar ones, called below trains of a higher rank; driving trains on steep downward gradients; driving trains in a simplified scheme, i.e. without an assistant driver), performed by the train drivers, are mentioned in Annex 1 of OMTCT no. 2262/29.12.2005, on the
authorisation of staff with responsibilities in the traffic safety, performing, on their own account, railway transport specific activities. Below are mentioned, for exemplification, the minimum training and traineeship requirements for participating in the authorisation exam for two specific activities22:
1. Driving passenger trains, Regional, InterRegional, express, IC, ICE and similar ones, called higher rank trains
to hold the authorisation for the activity of driving passenger trains and a minimum of 480 hours actually worked in the activity of passenger train driving with a full team;
to have performed an accommodation practice of at least 40 hours as an assistant driver authorised to drive under the supervision of the senior driver in passenger train hauling in a simplified scheme.
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Decision of the General Director CENAFER no. 86/19.06.2013, Chapters 2 and 3. 38
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2. Driving trains on a steep downward gradient:
supporting documents: a copy of the licence or authorisation held (the authorisation for driving passenger trains + minimum 2010 hours served as a senior driver in hauling passenger trains); proof of the number of hours actually worked based on a certificate issued by the railway unit where they were carried out (6 passenger trains, ascent and descent as an assistant driver authorised to drive under the supervision of the senior driver in the activity of driving passenger trains on steep downward gradients);
proof of the number of hours of traineeship: a certificate issued by the National Centre of Railway Qualification and Training within CENAFER on completion of the qualification programme in which the duration of the traineeship modules performed within the professional training programme, if authorisation within maximum 12 months from the date of graduation is requested; a certificate issued by the railway unit where the traineeship was carried out for the authorisation, if the authorisation is requested after 12 months from the graduation of the qualification programme. For any of the above mentioned activities the medical examination of the train driver is imperative
throughout the practice of this profession. Medical examinations (physical fitness) must be taken at every two years up to the age of 45 years of age and thereafter every year. In addition to this frequency, the medical doctor accredited or recognised under Art. 20, paragraphs (1) , (2) and (3), Directive 2007/59/EC23 of the European Parliament and of the Council din 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community, must increase the frequency of examinations if the health of the member of staff so requires. Without prejudice to Article 16 paragraph (1), an appropriate medical examination must be carried out when there is a reason to prove that the holder of the licence or certificate no longer fulfils the medical requirements set out in section 1 of Annex II. Physical fitness must be checked regularly and after any occupational accident or any period of absence following accident involving persons. The medical doctor accredited or recognised under Article 20 can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days’ sick leave. In addition, the employer (the railway traffic operator) must ask the medical doctor accredited or recognised under Article 20, to check the physical fitness of the driver if the employer had to withdraw the driver from service for safety reasons. The periodic medical examinations during the practice of the profession of train driver shall include:
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general medical examination;
an examination of sensory functions (vision, hearing, colour perception);
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, OJ L315, 03.12.2007, p. 51 - 78 39
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blood or urine tests to detect diabetes mellitus and other conditions as indicated by the clinical examination;
tests for drugs where clinically indicated;
in addition, an ECG at rest is also required for train drivers over 40 years of age.
According to Art. 16, paragraph (1) and Annex VII, Directive 2007/59/CE 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, the minimum frequency of the periodic checks shall be as follows:
linguistic knowledge (only for non-native speakers): every three years or after any absence of more than one year;
infrastructure knowledge (including route and operation rules knowledge): every three years or after any absence of more than one year on the relevant route;
knowledge of rolling stock: every three years.
CONCLUSIONS: The profession of train driver is regulated, both by Directive 2005/36/EC of the European Parliament and of the Council, of 7 September 2005, on the recognition of professional qualifications, as well as by sectoral directives and decisions (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; COMMISSION DECISION of 22 November 2011, on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council). In the case of train drivers, the training includes a part concerning the driving licence, which shall reflect the general professional knowledge, in accordance with those described in Annex IV (Directive 2007/59/EC of 23 October 2007), as well as a part concerning the certificate, which shall reflect the specific professional knowledge, as they are described in Annexes V (p. 72) and VI (p. 75) of the same Directive, where the training methods must meet the criteria established in Annex III (p. 70). The introduction of the process of authorisation and recognition of the profession of train driver at the European level, through the sectoral directives (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), will lead to:
better mobility of train drivers on the European labour force market; 40
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the certification of competences and authorisation of train drivers according to minimum common criteria (requirements) applicable in all the Member States of the EU;
assuring the employers in the railway filed (railway operators) in the Member States of the European Union that the licences issued in any other Member State are valid. In accordance with Article 13 of Directive 2004/49/EC of the European Parliament and of the
Council, on safety on the Community’s railways, the Member States of the European Union shall take measures to ensure that the candidate train drivers receive equal and fair access to the required training for fulfilling the requirements for obtaining the driving licence and the complementary certificate. Professional training in the field of Transport, at the European level, especially for the qualifications which contribute to traffic safety (train drivers, aircraft pilots, air traffic controllers, etc.), has a predominant practical part on simulators and actual driving of railway vehicles under the supervision of an authorised instructor. Directive 2007 /59/ EC of the European Parliament and of the Council of 23 October 2007, part of the third railway package, provides for the recognition on all of the territory of the European Union of licences obtained by train drivers in the Member States of the European Union, practicing this profession being possible after obtaining the complementary certificate (the authorisation), which allows driving a specific type of railway vehicle (or more), on the railway infrastructure of the European transport operator (the employer).
BIBLIOGRAPHY
1. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005, on the recognition of professional qualifications, OJ L 255, 30.09.2005, p. 22 - 123; 2. 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, OJ L315, 03.12.2007, p. 51 - 78; 1. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006, on services in the internal market, OJ L376, 27.12.2006, p. 36 – 68; 2. 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), OJ L 220, 21.6.2004, p. 16 – 50;
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3. Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the tansEuropean conventional rail system, OJ L220, 21.06.2004, p. 40 – 57; 4. COMMISSION DECISION of 22 November 2011, on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council, OJ L 314, 29.11.2011, p. 36 – 40; 5. 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 of the Council, OJ L 13, 19.01.2010, p. 1 – 27; 6. Commission Regulation (EC) no. 653/2007, on the use of a common European format for safety certificates and application documents in accordance with Art. 10 of Directive 2004/49/EC of the European Parliament and of the Council, OJ L 153, 14.06.2007, p. 9 - 24; 7. Recommendation of the European Parliament and of the Council of 23 April 2008, OJ C111, 06.05.2008, p. 1 – 7; 8. Act no. 200/2004, on the recognition of diplomas and professional qualifications for the regulated professions in Romania, Official Journal of Romania, Part I, no. 500 of 3 June 2004; 9. Act no. 55/16.03.2006, on railway safety, Official Journal of Romania, Part I, no. 322 of 10 April 2006; 10. OMTI no. 1522 of 11 October 2012, on approval of fees for specific activities performed by CENAFER, Official Journal of Romania, Part I, no. 706 of 16 October 2012; 11. HG 1611 of 16 December 2009, on approval of the Norms on the certification of train drivers operating locomotives and trains on the railway system in Romania, Official Journal of Romania, Part I, no. 13 of 8 January 2010; 12. OMTI no. 2261/2005 on the approval of the organisation and the methodologies for training,
qualifying and periodical professional updating and control programmes for the staff with specific activities on the railway transport; 13. OMTCT no. 2262/29.12.2005, on the authorisation of staff with responsibilities in the traffic
safety, Official Journal of Romania, Part I, no. 113 of 7 February 2006; 14. HG 1663/2004, on the organisation and operation of the National Centre of Railway Qualification and Training – CENAFER, Official Journal of Romania, Part I, no. 938 of 26 October 2004;
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15. Zuzana Šonková and Štěpánka Skuhrová, 2008, What you should know about the system for mutual recognition of professional qualifications in the EU Member States, EEA countries and Switzerland, Prague 2008; 16. CENAFER, 2010, The catalogue of professional competences for the positions held by the staff with traffic safety responsibilities, Sheet 25, (Annex to the Decision of the General Director CENAFER no. 126/20.12.2012); 17. CENAFER, 2013, The requirements and minimum practical training and traineeship durations for authorisation, chapters 2 and 3 (Annex to the Decision of the General Director CENAFER no. 86/19.06.2013); 18. http://uok.msmt.cz/uok 19. http://ec.europa.eu/solvit/site; 20. http://ec.europa.eu/solvit/site/centres; 21. www.nuffic.nl/en/diploma-recognition/professional-recognition.
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