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26 JANVIER 2010. - An Act to amend the Act of 4 December 2006 relating to the use of railway infrastructure and the Act of 19 December 2006 relating to the safety of railway operations, primarily with regard to the certification of safety personnel and maintenance of vehicles (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introduction
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It transposes:
- Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community;
- partially the Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the railway system within the Community;
- Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC of 29 April 2004 concerning the safety of community railways (Directive on railway safety).
CHAPTER 2. - Amendment of the Act of 4 December 2006 on the use of railway infrastructure
Art. 2. Section 4 of the Act of 4 December 2006 on the use of railway infrastructure is replaced by the following:
“Art. 4. This Act does not apply:
1° to private railway infrastructure and vehicles used on these infrastructures and intended to be used exclusively by their owners for their own freight transport operations;
2° to railway networks that are functionally separated from the rest of the railway system and are intended solely for the operation of local, urban or suburban services for the transport of passengers and goods;
3° to heritage, museological and tourist railways that have their own railway networks, or that use unused, undistorted lines that are part of the railway infrastructure, including workshops, vehicles and personnel operating solely on the said networks and lines;
4° to vehicles reserved for strictly heritage, historical or tourist use that circulate on the railway network;
5° to metros, trams and other urban and regional railway systems using light rail or any other rail-related mode, provided that the latter do not circulate on the railway network.
Derogation from paragraph 1^er, 4°, apply to heritage, historical or tourist vehicles that circulate on the railway network, the rules relating to these vehicles and arrested under section 28, paragraph 3, and 46. »
Art. 3. In article 5 of the same law the 3°, 6°, 7°, 17° and 26° are replaced by the following:
"3° "rail company": (i) any company with private or public status, which has obtained a licence in accordance with applicable European legislation, the main activity of which is the provision of goods and/or passengers by rail, the traction to be provided by that undertaking and (ii) any other enterprise with public or private status, whose activity is the provision of goods and/or passengers by rail, These terms also include companies that only provide traction;
6° "rail infrastructure": all of the elements referred to in Annex I, Part A, of Commission Regulation (EC) No 851/2006 of 9 June 2006 relating to the fixation of the contents of the various positions of the accounting diagrams of Annex I^re Regulation (EEC) No. 1108/70 of 4 June 1970;
7° "network": lines, stations, terminals and any type of fixed equipment necessary to ensure the safe and continuous operation of the railway system;
17° "Safety Certificate": the document issued by the security authority which is intended to demonstrate that the railway company has established its security management system and is able to meet the requirements set out in the ITS, other relevant provisions of European law as well as safety rules, in order to control risks and provide transport services on the network safely;
26° "rail system": the system consisting of railway infrastructure, including the fixed lines and installations of the railway system, and vehicles of any category and origin, which run through these infrastructures; "
Art. 4. Section 9 of the Act is supplemented by a paragraph written as follows:
"The railway infrastructure manager shall make available to notified and designated bodies as well as railway companies, railway infrastructure, in order to conduct tests in accordance with the provisions of the Interoperability Act and in accordance with the safety rules. »
Art. 5. In section 24 of the Act, a paragraph is inserted between paragraphs 4 and 5:
"The King determines, by a deliberate order in the Council of Ministers, after the advice of the railway infrastructure manager, the rules for calculating and payment of the fees resulting from the application of the performance improvement system. »
Art. 6. Section 28 of the Act is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^er, the King may set specific distribution rules for vehicles reserved for strictly heritage, historical or tourist use. The King may delegate this jurisdiction to the minister. »
Art. 7. Section 46 of the Act is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^er, the King may set specific rules for calculating fees for the use of railway infrastructure for vehicles reserved for strictly heritage, historical or tourist use. The King may delegate this jurisdiction to the minister. »
Art. 8. In section 62 of the Act, as amended by the Royal Decree of 19 May 2009, the fourth indent of § 5 is replaced by the following:
" - provisions for access to railway infrastructure referred to in Articles 6, 7, 8, 1 and 3, 9 and 10. »
CHAPTER 3. - Amendment of the Act of 19 December 2006 on railway safety
Art. 9. Section 2 of the Railway Safety Act of 19 December 2006 is replaced by the following:
“Art. 2. This Act transposes:
- Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the security of community railways and amending Council Directive 95/18/EC on railway licences, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification, as amended by Directive 2008/110/EC of the European Parliament and the Council of 16 December 2008;
- Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community;
- partially the Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the railway system within the Community. »
Art. 10. Section 4 of the Railway Safety Act of 19 December 2006 as amended by the Program Act of 22 December 2008, is replaced by the following:
“Art. 4. This Act does not apply:
1° to private railway infrastructure and vehicles used on these infrastructures and intended to be used exclusively by their owners for their own freight transport operations;
2° to railway networks that are functionally separated from the rest of the railway system and are intended solely for the operation of local, urban or suburban services for the transport of passengers and goods;
3° to heritage, museological and tourist railways that have their own railway networks, or that use unused, undistorted lines that are part of the railway infrastructure, including workshops, vehicles and personnel operating solely on the said networks and lines;
4° to heritage, museological and tourist vehicles that circulate on the railway network;
5° To metros, trams and other urban and regional railway systems using light rail or any other rail-related mode, provided that the latter do not circulate on the railway network.
Derogation from paragraph 1^er, 4°, apply to heritage, museum and tourist vehicles that circulate on the railway network, the national safety rules for these vehicles and arrested under Article 6, § 2, paragraph 5.
Derogation from paragraph 1^er, 5°, articles 12, 13° and 14/4 apply to metros, trams and other urban and regional railway systems via light rail and other modes related to railways, even when they do not circulate on the railway network. »
Art. 11. In section 5 of the Act, as amended by the Program Act of 22 December 2008, the following amendments are made:
(a) the 4th is replaced by the following:
"4° "rail company": (i) any company with private or public status, which has obtained a licence in accordance with applicable European legislation, the main activity of which is the provision of goods and/or passengers by rail, the traction to be provided by that undertaking and (ii) any other enterprise with public or private status, whose activity is the provision of goods and/or passengers by rail, These terms also include companies that only provide traction; »;
(b) the 5th is replaced by the following:
"5° "rail infrastructure": all of the elements referred to in Appendix I^rePart A, of Commission Regulation (EC) No 851/2006 of 9 June 2006 concerning the fixing of the contents of the different positions of the accounting diagrams of Annex I^re Regulation (EEC) No. 1108/70 of 4 June 1990; »;
(c) 6° is replaced by the following
"6°" network: lines, stations, terminals and any type of fixed equipment necessary to ensure the safe and continuous operation of the railway system; »;
(d) 8° is replaced by the following:
"8° "Safety Certificate": the document issued by the security authority which is intended to demonstrate that the railway company has established its security management system and is able to meet the requirements set out in ITS, other relevant provisions of Community law and national security rules, in order to control risks and provide transportation services on the network safely; »;
(e) the 22° is replaced by the following:
"22° "Agency": the European Railway Agency established by Regulation (EC) No 881/2004 of the European Parliament and Council of 29 April 2004, as amended by Regulation (EC) No 1335/2008 of the European Parliament and the Council of 16 December 2008; »;
(f) the 24th is replaced by the following:
"24° "rail system": the system consisting of railway infrastructure, including the fixed lines and installations of the railway system, and vehicles of any category and origin, which run through these infrastructures; »;
(g) 27° is replaced by the following:
"27° "operation": all operations including the update of the security clearance and security certificates by which the use of a subsystem or a set of subsystems is authorized on the Belgian railway network; »;
(h) 29° is replaced by the following:
"29° "on-board personnel": the personnel, on the one hand, composed of drivers and, on the other, other on-board personnel performing critical safety tasks; »;
(i) the 30th is replaced by the following:
"30° "train conductor": a person capable and authorized to operate independently, responsible and securely on trains, including locomotives, manoeuvring locomotives, construction trains, maintenance and assistance rail vehicles or trains intended for the carriage of passengers or goods by rail; »;
(j) a 30/1° is inserted as follows:
"30/1° "other on-board personnel performing determinative tasks for safety": train personnel who are not train drivers but who contribute to the safety of the train and to the safety of passengers and goods transported; »;
(k) 31° is replaced by the following:
"31° "certification of flight attendants": the verification that a flight attendant has the required psychological, medical and professional skills; »;
(l) the 32° is replaced by the following:
"32° "holder": the person or entity owner of the vehicle or having a right of disposition on the vehicle, who operates the vehicle as a means of transport and is registered as such in the national vehicle register (RNV); »;
(m) the article is supplemented by the provisions of 33°, 34°, 35°, 36°, 37°, 38° and 39° as follows:
"33° "licence": a permit issued to a train operator by the safety authority certifying that the driver meets the minimum requirements for medical, psychological, basic education and general professional skills;
34° "certification": the harmonized supplementary certificate specifying the infrastructure on which the licensee is authorized to operate and the rolling stock that the licensee is authorized to operate;
35° "safety approval": the approval granted to the railway infrastructure manager by the security authority;
36° "training centre": an entity recognized by the security authority to give training courses;
37° "National Vehicle Register" (RNV): the register of vehicles authorized to circulate on the Belgian railway network;
38° "maintenance entity": an entity responsible for the maintenance of a vehicle and registered as such in the NVR;
39° "vehicle": a railway vehicle capable of moving on its own wheels on a railway line, with or without traction. A vehicle consists of one or more subsystems of a structural and functional nature or parts of these subsystems. »
Art. 12. In Title II of the Act, the title of Chapter I is replaced by the following:
CHAPTER I^er. - Security rules."
Art. 13. In section 6 of the Act, the following amendments are made:
1° §§ 1^er and 2 are replaced by the following:
« § 1^er. The security rules that constitute the national security regulatory framework are:
(1) the rules relating to national security objectives and methods;
2° the requirements for safety management systems, the security clearance of the infrastructure manager and the safety certification of railway companies;
3° rules relating to safety personnel, rolling stock and railway infrastructure;
4° the rules for accident and incident investigations;
5° the rules relating to the operation of railway infrastructure;
6° the requirements for the movement of heritage vehicles;
7° internal security rules.
Ҥ2. The King shall determine, by order deliberately in the Council of Ministers, the rules relating to security objectives and methods.
The King determines the requirements for safety management systems, the security clearance of the infrastructure manager and the safety certification of railway companies.
The King determines the requirements for security personnel, rolling stock and rail infrastructure. The King may delegate this jurisdiction to the minister.
The King determines the rules for accident and incident investigations.
The King determines the requirements for the movement of heritage vehicles on the network. The King may delegate this jurisdiction to the minister. »;
2° in § 3, the words "or in addition to STI" are inserted between the words "STI" and the words ", the manager".
Art. 14. In Article 7 of the Act, § 2 is replaced by the following:
“§2. The security authority shall consult with railway companies and/or holders and/or railway infrastructure manager and/or manufacturers, according to the contents of the safety rules referred to in § 1^er. »
Art. 15. In section 8 of the Act, the words "20 working days" are replaced by the words "three months".
Art. 16. ÷ section 12 of the Act, as amended by the Program Act of 22 December 2008, the following amendments are made:
(a) In the French version of the law, the word "in particular" is replaced by the words "among others";
(b) the 2° is replaced by the following: "2° the conformity of interoperability components to essential requirements,"
(c) the 4th is repealed;
(d) in 6° and 7° the word "national" is repealed;
(e) 8° is replaced by the following:
"8° updating and adapting the national vehicle register by ensuring that vehicles are duly registered in the national vehicle register and that the safety information contained therein is accurate and up-to-date; »;
(f) 9° is repealed;
(g) the 10° is replaced by the following:
"10° the verification of the conformity of the provision of training services to the security requirements defined in the ITS or the rules adopted by the King; »;
(h) the 11° is replaced by the following:
"11° the tasks related to the certification of drivers, as set out in Article 37/16; »;
(i) 12° is replaced by the following:
"12° the certification of other on-board personnel, materialized by the train attendant certificate. »
Art. 17. Section 15 of the Act is supplemented by the e) as follows:
"(e) the exemptions that have been decided in accordance with Article 42/1. »
Art. 18. In article 17, first sentence, of the same law, the word "national" is repealed.
Art. 19. In section 18, paragraph 1^er, of the same law, as amended by the Act of 6 May 2009, the word "national" in the first sentence is repealed.
Art. 20. In section 20 of the Act, the following amendments are made:
1° in paragraph 1^er the words "to the security authority and" are repealed;
2° paragraphs 2 and 3 are repealed.
Art. 21. In section 21, paragraph 2, of the Act, the words "car operator" are replaced by the word "car holder".
Art. 22. Section 22 of the Act is repealed.
Art. 23. In section 26 of the Act, the words "an update" are inserted between the words "delivery" and the words "an extension".
Art. 24. In section 27 of the Act, the following amendments are made:
1° in § 1^er, second sentence, the word "relevant" is inserted between the words "other provisions" and the words "right" and the word "national" is repealed;
2° in § 2 (b) is replaced by the following:
"(b) a certification confirming acceptance of the provisions made by the railway company in order to meet the specific requirements necessary for the provision of its services on the network concerned safely. The requirements may relate to the application of ITS and safety rules, including the operating rules of the network, the acceptance of documents recognizing staff certification, including driver licences and certifications, and the authorization to put in service vehicles used by railways. The certification is based on documentation submitted by the railway company in accordance with Appendix IV. »
Art. 25. In Title II of the Act, the title of Chapter V is replaced by the following:
"Chapter V. - Certification of drivers and other on-board personnel performing critical safety tasks"
Art. 26. In title II, chapter V, of the same law, it is inserted a section 1^re comprising articles 34, 35 and 36 and entitled:
"Section 1st. Community Certification Model".
Art. 27. In section 1st inserted by section 26, section 34 is replaced by the following:
“Art. 34. This chapter sets the conditions and procedures for certification of drivers on the railway system. It sets out the tasks of the security authority, drivers and other stakeholders in the sector, including railway companies, the railway infrastructure manager, individuals and recognized bodies responsible for training and examinations. »
Art. 28. In section 1st inserted by section 26, section 35 is replaced by the following:
“Art. 35. The requirements and models, licences, medical, psychological, professional examinations and their terms, audits, registers, certificates, language conditions, language knowledge, verification materials, periodicities, procedures, provisions against falsification, organizational arrangements and minimum training content, terms and conditions for the issuance of documents, persons or training centres, general professional knowledge, conditions of approval, requirements for the certificate of accompanying persons and arrangements for administrative action concerning this section. »
Art. 29. In section 1^re inserted by section 26, section 36 is replaced by the following:
“Art. 36. Every train operator must have the appropriate skills and qualifications to conduct trains and be licensed and certified.
Certificates may be contained in a single document. »
Art. 30. In title II, chapter V, of the same Act, a section 2 of which reads section 37 and titled:
“Section 2. The licence »
Art. 31. In section 2 inserted by section 30, section 37 is replaced by the following:
“Art. 37. Property, emitter, validity
The licence belongs to the licensee and is issued by the security authority.
The licence is valid throughout the Community's territory.
Each licence indicates the identity of the driver, the issuing authority and the duration of its validity, which is ten years from the date of issue, subject to section 37/3. »
Art. 32. In section 2 inserted by section 30, an article 37/1 is inserted as follows:
"Art. 37/1. Conditions for obtaining
A licence may only be issued to a person who is twenty years old.
Derogation from paragraph 1^erthe licence may be issued to a person aged eighteen years but the validity of such a licence is limited to Belgian territory.
The candidate successfully completed at least nine years of primary and secondary education and completed a basic training equivalent to level 3 referred to in Council decision 85/368/EEC of 16 July 1985 on the correspondence of vocational training qualifications between member states of the European Communities.
The candidate demonstrates his physical fitness by completing a medical examination.
The candidate demonstrates his professional psychological fitness by completing a examination.
The candidate demonstrates his general professional knowledge by completing a review. »
Art. 33. In section 2 inserted by article 30, an article 37/2 is inserted as follows:
"Art. 37/2. Deliverance
Any application for a licence shall be filed with the security authority by the driver candidate or an entity acting on behalf of the applicant.
The security authority shall issue the licence as soon as possible and no later than one month after receiving all necessary documents.
A license is issued in a single copy and it is forbidden to duplicate it. Only the security authority is authorized to duplicate a licence in response to a duplicate application. »
Art. 34. In section 2 inserted by article 30, an article 37/3 is inserted as follows:
"Art. 37/3. Periodic audits
In order for a licence to remain valid, the licensee shall submit to periodic reviews and/or controls relating to the requirements set out in section 37/1, paragraphs 4 and 5, every three years at least up to the age of 55, and thereafter every year, in accordance with Appendix VI, 3.1.
During the renewal of a licence, the security authority shall verify in the register provided for in Article 37/6, § 1^er1°, that the driver has undergone periodic examinations and/or inspections referred to in paragraph 1^er.
If a person fails to perform a periodic audit or obtains a negative result, the procedure provided for in section 37/15 applies. »
Art. 35. In section 2 inserted by section 30, an article 37/4 is inserted as follows:
"Art. 37/4. Job withdrawal
When a driver ceases to work for a railway company or the railway infrastructure manager, the railway operator shall promptly inform the security authority.
The licence remains valid as long as it is satisfied with the examinations and/or controls provided for in section 37/3, paragraph 1^er. »
Art. 36. In section 2 inserted by section 30, an article 37/5 is inserted as follows:
"Art. 37/5. Suspension, withdrawal
The licence shall be suspended or withdrawn in the hypotheses referred to in Article 37/15, § 1^er and Article 37/26, § 4, 1 and 2. »
Art. 37. In section 2 inserted by article 30, an article 37/6 is inserted as follows:
"Art. 37/6. Records and information exchange
§ 1^er. The security authority:
1° keeps a record of all licences issued, updated, renewed, amended, expired, suspended, withdrawn or declared lost, stolen or destroyed. This register contains the data of each license, which must be accessible by means of the national number assigned to each driver. It is updated regularly;
2° shall provide information on the status of such licences to the competent authorities of the other Member States, the Agency or any employer of conductors, including, for the purposes of section 37/21, the previous employer of the driver.
§ 2. Each driver may access the data concerning him that is stored in the security authority's registry and may, upon request, obtain a copy thereof.
§ 3. The security authority cooperates with the Agency to ensure the interoperability of the registry provided for in § 1^er. »
Art. 38. In title II, chapter V, of the same law, a section 3 entitled:
“Section 3. Certification »
Art. 39. In section 3 inserted by section 38, an article 37/7 is inserted as follows:
"Art. 37/7. Accountability
In all cases, each railway company and the railway infrastructure manager are responsible for the level of training and qualification of their personnel performing security-related tasks, as indicated in section 17 and Appendix II. »
Art. 40. In section 3 inserted by section 38, an article 37/8 is inserted as follows:
"Art. 37/8. Property, emitter, validity
The certificate is issued by the railway company or the railway infrastructure manager who employs the driver or has contracted with the driver.
The certificate belongs to the company or railway infrastructure manager. However, drivers can obtain a certified true copy.
The attestation is valid only for the infrastructure and rolling stock indicated therein.
Each certificate indicates the infrastructure on which the licensee is authorized to operate.
Each certification indicates the rolling stock that the licensee is authorized to operate.
Attestation permits conduct in one or more categories of:
1° Category A: manoeuvring locomotives, work trains, maintenance railways and all other locomotives used to perform manoeuvring;
2° category B: transport of persons and/or goods.
A certificate may contain an authorization for all categories, covering all community codes for the different types of categories A and B referred to above.
By derogation from section 36, a railway company may exempt a train conductor from the requirement to hold a valid certificate for the infrastructure concerned, provided that another train conductor with such a certificate and the language knowledge required to be able to communicate with the exempt driver is present alongside the conductor, in the exceptional cases listed below:
1° where the disruption of the railway service requires the deflection of trains or the maintenance of track, as specified by the railway infrastructure manager;
2° for unique exceptional services for which historic trains are used;
3° for unique exceptional freight transport services, with the agreement of the railway infrastructure manager;
4° for the delivery or demonstration of a new train or locomotive;
5° for the training and examination of drivers.
The decision to use this option cannot be imposed by the infrastructure manager or by the security authority.
Whenever an additional driver is used as provided above, the infrastructure manager is informed of this in advance. »
Art. 41. In section 3 inserted by section 38, an article 37/9 is inserted as follows:
"Art. 37/9. Conditions for obtaining
A certificate is issued only to the licensee.
The holder of the certificate conforms to the language conditions in the language(s) indicated by the railway infrastructure manager following the location of the infrastructure for which the attestation is requested.
The candidate passed a review on his/her knowledge and professional skills on the infrastructure for which the attestation is requested and his/her language knowledge.
The candidate passed a review of his or her professional knowledge and skills relating to vehicles for which the certification is requested.
The railway company or the railway infrastructure manager shall provide the candidate with training in its safety management system. »
Art. 42. In section 3 inserted by section 38, an article 37/10 is inserted as follows:
"Art. 37/10. Deliverance and updating
Each railway company and the railway infrastructure manager shall establish its own procedures for the issuance and updating of certificates in accordance with this Act and its enforcement orders and shall incorporate them into its security management system, as well as procedures for recourse allowing drivers to request a review of a decision relating to the issuance, updating, suspension or withdrawal of a certificate.
In the event of disagreement, the parties may appeal to the security authority through the procedure provided for in Article 37/16, § 3.
Rail companies or the infrastructure manager update the attestation, or replace the copy, if any, without delay, whenever the certificate holder has lost it or obtained new authorizations relating to rolling stock or infrastructure. »
Art. 43. In section 3 inserted by section 38, an article 37/11 is inserted as follows:
"Art. 37/11. Periodic audits
In order for a certificate to remain valid, the licensee shall submit to periodic reviews and/or controls relating to the requirements set out in section 37/9, paragraphs 2, 3 and 4. The railway company or the railway infrastructure manager who employs the driver or has contracted with the driver determines the frequency of these examinations and/or controls based on his/her own safety management system and taking into account the minimas provided for in Appendix XI.
For each of these audits, the issuing of the certificate confirms, by mentioning the certificate and in the register provided for in Article 37/14, § 1^er1°, that the driver meets the requirements of the first paragraph.
If a person fails to perform a periodic audit or obtains a negative result, the procedure provided for in section 37/15 applies. »
Art. 44. In section 3 inserted by section 38, an article 37/12 is inserted as follows:
"Art. 37/12. Job withdrawal
A certificate loses its validity when the licensee ceases to be employed as a driver. However, the licensee receives a certified true copy of the certificate and all documents providing its training, qualifications, experience and professional skills. By issuing a certificate to the driver thereafter, a railway company or the railway infrastructure manager that would be required to hire the said driver shall take into account all such documents. »
Art. 45. In section 3 inserted by section 38, an article 37/13 is inserted as follows:
"Art. 37/13. Suspension, withdrawal of the attestation
The certificate shall be withdrawn if the licence is withdrawn for any reason.
The certificate is either suspended or withdrawn:
- in the cases referred to in Article 37/15 and Article 37/26, § 4, 3°;
- in case of suspension or withdrawal of the licence, for any reason. »
Art. 46. In section 3 inserted by section 38, an article 37/14 is inserted as follows:
"Art. 37/14. Records and information exchange
§ 1^er. Each railway company and the railway infrastructure manager:
1° shall maintain or ensure that a record of all certificates or copies of certificates issued, updated, renewed, amended, expired, suspended, withdrawn or declared lost, stolen or destroyed. This register contains the data of each certificate as well as the data relating to periodic audits provided for in section 37/11. It is updated regularly;
2° cooperate with the security authority to exchange information with the security authority and provide the security authority with the necessary data;
3° provide information on the contents of these certificates to the competent authorities of the other Member States, at their request, when this is necessary because of their transnational activities.
§ 2. Each driver may access the data concerning him/her that is stored in the railway business register or the railway infrastructure manager and may, at his/her request, obtain a copy thereof.
§ 3. The security authority cooperates with the Agency to ensure the interoperability of the registry provided for in § 1^er. »
Art. 47. In title II, chapter V, of the Act, a section 4 entitled:
“Section 4. Driver monitoring by rail companies and the railway infrastructure manager. »
Art. 48. In section 4 inserted by section 47, an article 37/15 is inserted as follows:
"Art. 37/15. § 1^er. Rail companies and the railway infrastructure manager are required to ensure and verify that the licences and certifications of the drivers they employ or with whom they have contracted are valid.
They set up a tracking system for their drivers. If the results of this follow-up question the required skills of a driver to exercise his or her employment and to maintain his or her licence or certificate, the railway company or railway infrastructure manager shall immediately take the necessary steps.
§ 2. When a driver considers that his or her state of health challenges his or her ability to work, he or she immediately informs the railway company or the railway infrastructure manager, as the case may be.
As soon as a railway company or railway infrastructure manager finds or is informed by a physician that the health condition of a driver has deteriorated in such a way that his or her ability to exercise his or her employment is questioned, he shall immediately take the necessary measures, including a review, and, if necessary, the withdrawal of the certificate and the updating of the register provided for in section 37/14, § 1^er1°. In addition, it ensures that at any time during its service, the driver is not under the influence of a substance likely to affect its concentration, vigilance or behaviour. The security authority shall be informed, without delay, of any cases of incapacity for work that exceeds three months. »
Art. 49. In title II, chapter V, of the same law, a section 5 entitled:
“Section 5. Tasks and decisions of the security authority »
Art. 50. In section 5 inserted by section 49, an article 37/16 is inserted as follows:
"Art. 37/16. Security Authority tasks
§ 1^er. Regardless of Article 12, 11°, the security authority carries out the following tasks in a transparent and non-discriminatory manner:
1° issue and update the licences, and provide duplicates, in accordance with Articles 37 and 37/2;
2° ensure the implementation of periodic reviews and/or controls, in accordance with Article 37/3;
3° suspend and withdraw the licences, and communicate to the issuer of the certificate in question the substantiated requests for suspension of the certificates, in accordance with section 37/26;
4° to recognize persons or organizations in accordance with articles 37/19 and 37/20;
5° ensure the publication and updating of a register of persons and organizations accredited or recognized in accordance with section 37/17;
6° maintain and update a license register in accordance with Article 37/3 and Article 37/6, § 1^er1°;
7° control the driver certification process in accordance with Article 37/24;
8° perform the controls provided for in section 37/26;
9° establish national criteria for examiners in accordance with Article 37/22, paragraph 5.
§ 2. The security authority promptly responds to requests for information and submits, without delay, any requests for additional information in the preparation of the licences.
§ 3. The employer and the conductor shall have an administrative appeal procedure within the security authority for the purpose of reviewing a decision taken by a proceeding other than the security authority relating to any application under this Act. »
Art. 51. In title II, chapter V, of the same law, a section 6 entitled:
“Section 6. Driver training and examination »
Art. 52. In section 6 inserted by section 51, an article 37/17 is inserted as follows:
"Art. 37/17. Training, examinations, recognition
Persons or training centres shall be recognized by the security authority for the purposes of the tasks referred to in articles 37/19, paragraph 1^er, 37/20, subparagraphs 1^er and 2, and 37/22.
Recognition requires persons or training centres to provide equitable and non-discriminatory access to train operators' training services whenever such training is required to meet the requirements for obtaining the safety certificate or, where appropriate, security clearance.
Recognition requires individuals or training centres to make quality training services available to railway companies and the railway infrastructure manager at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
Recognition is based on criteria of independence, competence and impartiality and the evaluation of the file.
The independence criterion does not apply to related training tasks:
- general professional knowledge referred to in Annex VIII;
- the language knowledge referred to in Appendix X, 8;
- professional knowledge of rolling stock, referred to in Annex IX;
- professional infrastructure knowledge, referred to in Annex X, 1 to 7.
The security authority shall ensure the publication and updating of the register of persons and organizations recognized under this Act. »
Art. 53. In section 6 inserted by section 51, an article 37/18 is inserted as follows:
"Art. 37/18. Training
Driver training includes a licence component, which covers general professional knowledge, and a certification component, which deals with specific professional knowledge.
Drivers have fair and non-discriminatory access to the training required to meet the conditions for obtaining the licence and certification. »
Art. 54. In section 6 inserted by article 51, an article 37/19 is inserted as follows:
"Art. 37/19. Training - licence
Training tasks related to general professional knowledge provided for in Article 37/1, paragraph 6, are performed by persons or training centres recognized in accordance with Article 37/17.
With respect to the licence, the general system of recognition of professional qualifications established by Directive 2005/36/EC continues to apply to the recognition of professional qualifications of conductors from a Member State who have obtained their training certificate in a third country. »
Art. 55. In section 6 inserted by section 51, an article 37/20 is inserted as follows:
"Art. 37/20. Training - certification
The training tasks related to the language knowledge provided for in Article 37/9, paragraph 2 and the professional skills related to rolling stock provided for in Article 37/9, paragraph 4, shall be carried out by persons or training centres recognized in accordance with Article 37/17.
Training tasks related to the knowledge of infrastructure provided for in Article 37/9, paragraph 3, including routes and operating rules and procedures, shall be carried out by persons or training centres recognized in accordance with Article 37/17.
A continuous training system is established to ensure that staff skills are maintained in accordance with Appendix II, 2.1 (e). »
Art. 56. In section 6 inserted by section 51, an article 37/21 is inserted as follows:
"Art. 37/21. Recovery of training costs
In the case that a conductor of a railway company or a railway infrastructure manager would voluntarily leave his or her employment for another railway or infrastructure manager, that other railway or railway infrastructure manager pays compensation to the former employer in order to compensate for the investments made by that former employer in the training of that conductor. »
The allowance referred to in paragraph 1^er is reasonably determined, taking into consideration:
- the period between completion of training and driver engagement;
- the direct use of training for the new employer.
Art. 57. In section 6 inserted by section 51, an article 37/22 is inserted as follows:
“Art. 37/ 22. Considerations
For the licence component, the examinations to verify the qualifications required and the training centres responsible for this task are determined, among the persons and organizations recognized, during the establishment of the procedure to be followed to obtain the licence in accordance with section 37/2, paragraph 1^er.
For the certification component, the examinations to verify the qualifications required and the persons or training centres responsible for this task are determined by the railway company or the railway infrastructure manager among the persons or organizations recognized, at the time of the establishment of the procedure to be followed in order to obtain the certificate in accordance with section 37/10.
The examinations referred to in paragraph 1^er and 2 are organized to ensure the absence of any conflict of interest.
With respect to the examinations referred to in paragraph 2, the person recognized by the King as an examiner may be part of the railway undertaking or railway infrastructure manager issuing the attestation.
The choice of reviewers and reviews may be subject to European criteria based on a project developed by the Agency. Until such criteria come into force, it is subject to national criteria.
Theory and practical examinations are organized at the end of the training. The suitability of the conduct is assessed during the conduct tests performed on the network. Simulators can be used to test the application of operating rules and the performance of the driver in particularly difficult situations. »
Art. 58. In title II, chapter V, of the same Act, a section 7 entitled:
“Section 7. Other on-board personnel performing critical safety tasks »
Art. 59. In section 7 inserted by section 58, an article 37/23 is inserted as follows:
"Art. 37/23. Training, permits
§ 1^er. Other on-board personnel performing critical safety tasks must undergo a training sanctioned by examinations. The success of these examinations leads to the issuance of a train assistant certificate.
Persons or training centres responsible for providing training services to other on-board personnel performing critical safety tasks are recognized by the security authority.
Recognition requires individuals or training centres to provide equitable and non-discriminatory access to the training services of other on-board personnel performing critical safety tasks whenever such training is necessary to meet the requirements for obtaining a security certificate or, where appropriate, security clearance.
Recognition requires persons or training centres to make quality training services available to railway companies at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
The recognition process is based on criteria of independence, competence and impartiality.
The security authority shall ensure the publication and updating of the register of persons and organizations recognized under this Act.
§ 2. The train accompaniment certificate belongs to the licensee and is issued by the security authority.
The train accompaniment certificate can only be issued to a person aged 18 years.
§ 3. Train attendants established in other European Economic Area member states who wish to take services in Belgium shall make the advance written declaration referred to in Article 9, § 2, of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications, without mentioning information relating to insurance coverage or other means of personal or collective protection regarding professional liability. However, this declaration is accompanied by the documents referred to in Article 9, § 2, of the same Law. The security authority systematically applies the procedure referred to in Article 9, § 4, of the same law. The security authority shall, in particular, verify that the applicant's language proficiency certificates are established in accordance with the ITS operating requirement setting the language levels required for security tasks. »
Art. 60. In title II, chapter V, of the same law, a section 8 entitled:
“Section 8. Controls and sanctions »
Art. 61. In section 8 inserted by section 60, an article 37/24 is inserted as follows:
"Art. 37/24. Quality standards
The security authority ensures that all training, competency assessment and licensing and certification activities are subject to ongoing monitoring within the framework of a quality standards system. This obligation does not apply to activities that are already covered by the safety management systems that the railways and the infrastructure manager have implemented in accordance with Part II, Chapter IV. »
Art. 62. In section 8 inserted by section 60, an article 37/25 is inserted as follows:
"Art. 37/25. Independent evaluation
The security authority ensures that an independent evaluation of the procedures for the acquisition and evaluation of professional knowledge and skills, as well as the licensing and certification system, is conducted every five years and the first time in 2014. This does not apply to activities that are already covered by safety management systems that railways and infrastructure managers have implemented in accordance with Directive 2004/49/EC. The evaluation is carried out by qualified individuals who are not themselves associated with the activities in question.
The results of these independent evaluations are duly substantiated and brought to the attention of the security authority. The security authority recommends that the Minister take appropriate measures to address any deficiencies identified by the independent assessment. »
Art. 63. In section 8 inserted by section 60, an article 37/26 is inserted as follows:
“Art. 37/26. Controls by the security authority
§ 1^er. The security authority may at any time take the necessary steps to verify on board trains circulating on the Belgian network, if the train drivers are provided with documents issued under this Act.
§ 2. Regardless of the verification provided in § 1^erin the event of negligence at work, the safety authority may verify whether the driver in question meets the requirements set out in section 37/9, paragraphs 3 and 4.
§ 3. The security authority may conduct investigations into compliance with this Act by drivers, railways, infrastructure managers, examiners and training centres.
§ 4. If the safety authority considers that a driver no longer meets one or more required conditions, it shall take the following steps:
1° if it is a licence issued by the security authority, the security authority suspends the licence. The suspension is provisional or final depending on the importance of problems created for railway safety. She immediately notified her decision motivated to the individual and to her employer. It indicates the procedure to be followed to recover the licence;
2° if it is a licence issued by a competent authority of another Member State, the security authority shall send to that authority a reasoned request for either a supplementary check or a suspension of the licence. The security authority shall inform the European Commission and other competent authorities of its substantiated request. The security authority has the power to prohibit a train operator from operating on the Belgian network pending notification of the decision of the issuing authority. If the security authority in turn receives a reasoned application for a licence that it has issued itself, it shall review the application within four weeks and notify the authority that has entered it. In this case, the security authority also informs the European Commission and other competent authorities of its decision;
3° if it is an attestation, the security authority shall address the issuer of the certificate and shall request either a supplementary check or a suspension of the certificate. The transmitter shall take the necessary measures and inform the security authority within four weeks. The security authority may prohibit a train operator from operating on the Belgian network pending information from the transmitter, and informs the European Commission and other competent authorities.
The security authority shall decide on the continuation of its possible ban on the Belgian network, within 10 days of receipt of the information referred to in paragraph 1^erThree.
In any event, and without prejudice to section 27 of the Act respecting the use of railway infrastructure, if the security authority considers that a specified driver constitutes a serious threat to railway safety, it shall immediately make the necessary arrangements, for example, request the railway infrastructure manager to stop the train and prohibit the driver concerned from operating on the Belgian network for as long as necessary. It informs the European Commission and other competent authorities of such a decision.
The security authority shall immediately notify the person concerned and his or her employer of his or her decision, indicating, where appropriate, the conditions and procedure to be followed in order to recover the certificate, without prejudice to the right of appeal provided for in Article 37/16, § 3.
In all cases, the security authority shall update the registry under section 37/6.
§ 5. If the security authority considers that a decision taken by a competent authority of another Member State under § 4 does not meet the relevant criteria, the European Commission is seized of the matter. The security authority may maintain the prohibition against a driver on its territory in accordance with § 4, until the European Commission has rendered its opinion. »
Art. 64. In title II, chapter V, of the same law, a section 9 entitled:
“Section 9. Delegations to the King »
Art. 65. In section 9 inserted by section 64, an article 37/27 is inserted as follows:
"Art. 37/27. § 1^er. In terms of driver's license, the King stops:
1° the requirements, as defined in Annex V, to which each licence referred to in Article 37 must comply, until a European model is adopted;
2° the criteria for recognition of persons or bodies responsible for the medical examination referred to in Article 37/1, paragraph 4 and the terms and conditions of the examination; these terms meet at least the criteria set out in Annex VI, 1.1, 1.2, 1.3 and 2.1;
3° the criteria for recognition of persons or bodies responsible for professional psychological examination referred to in Article 37/1, paragraph 5 and the terms and conditions of this examination; these terms meet at least the criteria set out in Annex VI, 2.2;
4° the terms and conditions of the professional examination referred to in Article 37/1, paragraph 6, which relate to the general substances described in Annex VIII;
5° on notice of the security authority, the procedure to be followed for the issuance of a new licence referred to in section 37/2, the update of the data on the licence, a renewal or a duplicate;
6° the procedure for periodic verifications referred to in Article 37/3, paragraph 1^er; it can also increase its frequency;
7° the data of each licence to be included in the register referred to in Article 37/6, § 1^er.
§ 2. In terms of driver certification, the King stops:
1° the requirements to which each certificate referred to in Article 37/8 shall comply;
2° how the holder of the certificate must meet the language conditions referred to in section 37/9, paragraph 2; this material includes at least the knowledge referred to in Appendix X, 8;
3° substances whose examination referred to in section 37/9, paragraph 3, shall verify control; these substances include at least those listed in Appendix X;
4th substances whose examination referred to in section 37/9, paragraph 4, shall verify control; these substances include at least those listed in Appendix IX;
5° in accordance with Annex XI, the minimum periodicity of examinations and/or inspections referred to in Article 37/11, paragraph 1^er;
6° the data of each certificate to be included in the register referred to in Article 37/14, § 1^er1°;
7° the terms of the examination referred to in Article 37/15, § 2, paragraph 2.
§ 3. With regard to driver licensing and certification, the King shall make the necessary arrangements to avoid the risk of falsification of licences and certificates and alteration of the contents of the registers provided for in sections 37/6 and 37/14.
§ 4. In the matter of training and examination of drivers, the King:
1° sets out, by order deliberately in the Council of Ministers, the organizational arrangements and the minimum content of the training referred to in article 37/17, the examinations referred to in that provision, as well as the modalities for the issuance of documents certifying the training and examinations followed by train operators;
2° sets by order deliberately in the Council of Ministers, the conditions that persons or training centres must meet to be recognized, in accordance with Article 37/17, paragraph 2, and the procedure for recognition;
3° Stops general professional knowledge for the license and specific for the certificate referred to in articles 37/19, paragraph 1^er and 37/20;
4° determines the method of training referred to in sections 37/17 to 37/21, in accordance with the criteria set out in Annex VII;
5° sets out the detailed objectives of the training referred to in sections 37/17 to 37/21, in accordance with the criteria set out in Appendix VIII for the licence and annexes IX and X for the certificate;
6° shall, on the advice of the security authority, establish national criteria to which the selection of examiners and examinations are subject until the entry into force of the European criteria referred to in Article 37/22, paragraph 5.
§ 5. In terms of certification of other on-board personnel, the King:
1° sets out, by a deliberate decree in the Council of Ministers, the organizational arrangements and the minimum content of the training referred to in Article 37/23, § 1^erthe examinations referred to in this provision, as well as the procedures for the issuance of documents that demonstrate the training and examinations to be carried out by other on-board personnel performing critical safety tasks;
2° sets out, by order deliberately in the Council of Ministers, the conditions that persons or training centres responsible for providing training services to other on-board personnel performing determinant tasks for security must fulfil to be recognized in accordance with Article 37/23, § 1^erparagraph 3, and the procedure for recognition;
3° sets out the requirements to be complied with by the train attendant certificate referred to in section 37/23, § 1^erParagraph 1^er as well as the psychological, medical and professional conditions that the licensee must meet for it to be issued;
4° shall determine the terms and conditions for the issuance, renewal, review, suspension and withdrawal of the train attendant certificate referred to in section 37/23, § 1^erParagraph 1^er. »
Art. 66. In Title II of the Act, the title of Chapter VI is replaced by the following:
“Chapter VI. Maintenance of vehicles »
Art. 67. In Title II, Chapter VI, of the Act, section 38 is replaced by the following:
“Art. 38. Maintenance support
Each vehicle, before it is put into service or used on the network, is assigned by the holder a maintenance entity. This entity is included in the NVR.
The maintenance entity may, among other things, be a railway company, a railway infrastructure manager or the holder. »
Art. 68. In Title II, Chapter VI, of the Act, section 39 is replaced by the following:
“Art. 39. Responsibility of the maintenance entity
Regardless of the responsibility of railway companies and the railway infrastructure manager for the operation of a safe train under section 21, the maintenance entity shall, by means of a maintenance system, ensure that the vehicles of which it maintains are in a safe state of operation. ÷ this end, the maintenance entity shall ensure that vehicles are maintained in accordance with:
1° to the maintenance book of each vehicle and
2° to existing requirements including maintenance rules and ITS provisions.
The maintenance entity performs maintenance itself or subcontracting. »
Art. 69. In Title II, Chapter VI, of the Act, section 40 is replaced by the following:
“Art. 40. Certification of the maintenance entity
In the case of freight cars, each maintenance entity must be certified by an accredited body in accordance with the procedure established by the Royal Decree of 31 January 2006 establishing the BELAC accreditation system for compliance assessment bodies.
Derogation from paragraph 1^erwhere the maintenance entity is a railway company or the railway infrastructure manager, compliance with the requirements of the certification system to be determined by the King on the basis of the requirements set out in section 41 is controlled by the security authority in accordance with the procedures set out in Part II, Chapter IV and is confirmed as part of the security clearance for the railway infrastructure manager and as part of the security certificate for the company. »
Art. 70. In Title II, Chapter VI, of the Act, section 41 is replaced by the following:
"Art. 41. Maintenance Entity Certification System
The maintenance entity certification system confirms at least compliance with the requirements of section 39 and the following requirements:
1° the maintenance system is established by the maintenance entity;
2° the presentation and validity of the certificate issued to the maintenance entity;
3° the criteria for accreditation or recognition of the bodies responsible for the issuance of the certificates and the necessary controls for the operation of the certification system;
4° the date of application of the certification system including a one-year transitional period for existing maintenance entities.
The King shall determine the procedure required for the certification of maintenance entities in accordance with the requirements of paragraph 1^er.
Until community criteria developed by the Agency come into force, the King establishes national criteria. »
Art. 71. In Title II, Chapter VI, of the Act, section 42 is replaced by the following:
“Art. 42. Validity
The certificates issued by other Member States in accordance with the requirements of Directive 2004/49/EC of the European Parliament and the Council of 29 April 2004 concerning the safety of community railways and amending Council Directive 95/18/EC on the licences of railway companies, as well as Directive 2001/14/EC on the distribution of Belgian infrastructure capacities, the pricing of railway infrastructure and the security certification (guide on railway security) are valid. »
Art. 72. In title II, chapter VI, of the Act, an article 42/1 is inserted as follows:
"Art. 42/1. Derogations
The King may agree that the obligations for the identification and certification of the maintenance entity will be performed by other requirements, in the following cases:
1° vehicles registered in a third country and maintained in accordance with the law of that country;
2° vehicles used on networks or lines whose lanes are different from that of the main railway network in the Community and for which compliance with the requirements of section 39, paragraph 1^er2°, is provided by international agreements with third countries;
3° vehicles referred to in Article 4 as well as special transport or military equipment requiring the issuance of an ad hoc permit by the national security authority prior to commissioning. In this case, exemptions are granted for maximum periods of five years.
These other requirements are implemented through exemptions granted by the security authority:
1° when the vehicle is registered, with respect to the identification of the maintenance entity;
2° when the approval and security certificates are issued to railway companies and the infrastructure manager, with respect to the identification or certification of the maintenance entity.
The exemptions referred to in paragraph 2 are identified and justified in the annual safety report referred to in section 15. »
Art. 73. In section 45 of the Act, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The investigative body may analyze each accident and incident of operation or affect it not referred to in paragraph 1^er, according to the terms fixed by the King. »;
2° the article is supplemented by two paragraphs written as follows:
"The investigative body shall establish and maintain a data bank for all accidents and incidents of exploitation, as well as all accident and incident investigations and analyses and the conclusions thereon.
The security authority has access to the data bank referred to in paragraph 3. »
Art. 74. Section 60 of the Act is replaced by the following:
"Art. 60. The provisions of Title II, Chapter V, Chapter II, Chapter V, introduced by the Act of 26 January 2010 amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles, remain applicable until the implementation in phases of the provisions of Chapter V new. These provisions will be implemented as follows:
1° no later than 30 October 2011, the licences and certificates shall be issued in accordance with the provisions of Title II, Chapter V new to the drivers who provide cross-border, coastal or freight transport services in another Member State of the European Communities, or who work in at least two Member States of the European Communities, subject to the provisions of Article 60/1, paragraphs 1^er and 2;
from the same date, all train operators performing the above-mentioned services are subject to the periodic audits provided for in sections 37/3 and 37/11, including those who do not yet have a licence or certificate in accordance with Part II, Chapter V, new;
2° no later than two years after the establishment of the records referred to in sections 37/6 and 37/14, all new certificates and licences shall be issued in accordance with Part II, Chapter V, new, subject to Article 60/1, paragraphs 1^er and 2;
3° no later than seven years after the establishment of the records referred to in sections 37/6 and 37/14, all drivers are in possession of licences and certificates in accordance with this Act. The issuing entities take into account all professional skills already acquired by each driver, so that this requirement does not entail unnecessary administrative and financial burden. The driving rights previously granted to the driver are maintained to the extent possible. However, issuing entities may decide, for a driver or group of drivers, as the case may be, that additional examinations and/or training are required to issue licences and/or certificates under this Act. »
Art. 75. In the same Act, an article 60/1 is inserted:
"Art. 60/1. Drivers authorized to drive in accordance with the provisions that applied prior to entry under section 60, 1 or 2 may continue their work on the basis of their rights, for a maximum period of seven years after the establishment of the records referred to in sections 37/6 and 37/14.
Certification of apprentices who have initiated an approved education and training program or approved training prior to the entry into force of section 60, 1° or 2° is ensured in accordance with the existing provisions prior to the entry into force of the Act of 26 January 2010 amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with respect primarily to the certification of personnel
The safety authority, railway companies and the railway infrastructure manager shall ensure that periodic audits corresponding to those provided for in sections 37/3 and 37/11 are applied progressively to drivers who do not have licences and certificates issued in accordance with Directive 2007/59/EC. »
Art. 76. Section 62 of the Act is repealed.
Art. 77. In the same Act, Annexes V, VI, VII, VIII, IX, X and XI are annexed to this Act.
CHAPTER 4. - Abrogatory and final provisions
Art. 78. The King may, by order deliberately in the Council of Ministers, adopt all necessary provisions for the transposition of Article 10, § 3 ter of Council Directive 91/440/EC of 29 July 1991 on the development of community railways, inserted by Directive 2007/58/EC of the European Parliament and the Council of 23 October 2007. These provisions may amend, replace, supplement or repeal provisions of the Act of 4 December 2006 relating to the use of railway infrastructure.
The jurisdiction assigned to the King under paragraph 1^er expires on 3 December 2011.
An order adopted under paragraph 1^er is deemed to have never come out of effect if it is not confirmed by law in the year following its implementation.
Art. 79. Are repealed:
1° the Royal Decree of 12 March 2003 on the conditions of use of railway infrastructure;
2° the Royal Decree of 17 November 2003 implementing chapters III, V and VI of the Royal Decree of 12 March 2003 on the conditions of use of railway infrastructure;
3° the Ministerial Order of March 14, 2003 implementing Article 100 of the Royal Decree of March 12, 2003 on the conditions of use of railway infrastructure;
4th Ministerial Order of 19 February 2004 approving the network reference document.
Art. 80. Sections 37 and 46 come into force on 30 October 2011.
Section 59 comes into force on December 3, 2010.
With respect to the article referred to in paragraph 2, the King may set a date of entry into force prior to that mentioned in that paragraph.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 January 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Note
(1) 2009-2010 session.
House of Representatives
Documents. - Bill, 52-2247. - Amendments, 52-2247. - No. 2. - Report, 52-2247 - No. 3. - Text adopted by the Commission, 52-2247. - No. 4. - Text adopted in plenary and transmitted to the Senate, 52-2247. - No. 5.
Full report: 7 January 2010.
Senate
Documents. - Project referred to by the Senate, 4-1570. - Report, 4-1570. - No. 2. - Decision not to amend, 4-1570. - No. 3.
Annales of the Senate: January 14, 2010.

Annex 1^re to the Act of 26 January 2010 amending the Act of 4 December 2006 relating to the use of railway infrastructure and the Act of 19 December 2006 relating to the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles
Appendix 5 to the Act of 19 December 2006 on railway safety
Annex V
European harmonized licence and supplementary certificate model
1. Characteristics of the train operator licence
The physical characteristics of the train driver's license shall be in accordance with ISO 7810 and 7816-1.
The card must be made of polycarbonate.
Methods for verification of driver's license characteristics to ensure compliance with international standards must be in accordance with ISO 10373.
2. Content of the train operator licence
At the end of the licence must include:
(a) the reference to "train driver's licence" printed in French or Dutch;
(b) the mention of the Kingdom of Belgium/Koninkrijk België;
(c) the distinctive sign of Belgium, "B" printed negatively in a blue rectangle and surrounded by twelve yellow stars;
(d) information specific to the licence issued, numbered as follows:
(i) the surname of the owner;
(ii) name/name of the holder;
(iii) the date and place of birth of the holder;
(iv) - the date of issuance of the licence.

Appendix 2 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the Use of Rail Infrastructure and the Act of 19 December 2006 on the Safety of Railway Operations with regard primarily to the certification of safety personnel and maintenance of vehicles
Appendix 6 to the Act of 19 December 2006 on railway safety
Annex VI
Medical requirements
1. General requirements
1.1. Drivers shall not be subject to any pathology or to follow any medical treatment or to take drugs or substances that may cause:
- a sudden loss of consciousness,
- a drop in attention or concentration,
- a sudden incapacity,
- a loss of balance or coordination,
- a significant limitation of mobility.
1.2. Vision
The following vision requirements must be met:
- visual acuity from far, with or without correction: 1.0 with at least 0.5 for the least performing eye,
- maximum corrective lenses: hypermetropic: + 5/myopia: - 8. Derogations are allowed in exceptional cases and after consulting an eye specialist. The doctor then makes the decision,
- close and intermediate vision: sufficient, whether assisted or not,
- contact lenses and glasses are allowed if checked periodically by a specialist,
- normal color vision: use of a recognized test, such as Ishihara, completed by another test recognized if necessary,
- field of vision: complete,
- vision of both eyes: effective; not required where the interested party has adequate adaptation and has acquired sufficient compensation capacity. Only in the case where the person concerned lost the binocular vision while he was already performing his duties,
- binocular vision: effective,
- recognition of colored signals: the test must be based on the recognition of particular colors and not on relative differences,
- contrast sensitivity: good,
- absence of an evolving eye disease,
- eye implants, keratotomies and keratectomies are allowed provided that they are checked annually or according to a periodicity fixed by the doctor,
- resistance to glare,
- coloured contact lenses and photochromatic lenses are not allowed. The lenses with a UV filter are allowed.
1.3. Hearing and verbal expression requirements
Sufficient hearing confirmed by an audiogram, i.e.:
- sufficient hearing to conduct a telephone conversation and be able to hear alert keys and radio messages.
The following values are provided for information purposes:
- the hearing deficit should not exceed 40 dB to 500 and 1000 Hz,
- the hearing loss should not exceed 45 dB to 2,000 Hz for the ear with the least sound air conduction,
- absence of anomaly from the vestibular system,
- lack of chronic language disorder (because of the need to exchange high and intelligible voice messages),
- acoustic devices are allowed in special cases.
1.4. Pregnancy
In case of low tolerance or pathological condition, pregnancy must be considered a temporary cause for exclusion of drivers. Legal provisions protecting pregnant conductors must be applied.
2. Minimum pre-assignment review content
2.1. Medical examinations:
- general medical examination,
- examinations of sensory functions (vision, audition, color perception),
- blood or urine analysis, including the detection of diabetes mellitus, to the extent necessary to assess the candidate's physical fitness,
- electrocardiogram (ECG) at rest,
- research of psychotropic substances, such as illicit drugs or psychotropic medication, and alcohol abuse involving the ability to exercise the function,
- cognitive abilities: attention and concentration, memory, perception capacity, reasoning,
- communication,
- psychomotor skills: reaction speed, gestural coordination.
2.2. Professional psychological examinations
Psychological examinations at the professional level are intended to provide assistance at the level of staff assignment and management. In the determination of the contents of the psychological assessment, the examination must verify that the driver candidate does not have recognized professional psychological impairments, particularly at the level of operational abilities, or a factor affecting his or her personality, which could compromise the performance of his or her duties safely.
3. Periodic reviews after assignment
3.1. Frequency
Medical examinations (physical fitness) are performed every three years at least up to the age of 55, then every year.
This frequency shall be increased by the physician accredited or recognized under section 53 if the health condition of the staff member so requires.
Without prejudice to article 37/11, paragraph 1^eran appropriate medical examination is performed if there is a reason to believe that the licensee of the licence or certificate no longer meets the medical requirements set out in Appendix VI, 1.
Physical fitness is checked regularly and after any work accident and after any interruption of work due to an accident involving people. The physician recognized under section 37/17 may decide to conduct an appropriate complementary medical examination, particularly after a period of absence of at least 30 days for illness. The employer must ask the doctor recognized under section 37/17 to verify the physical fitness of the driver if he or she has been required to relieve him of his or her duties for security reasons.
3.2. Minimum contents of medical periodic examination
If the driver meets the criteria required during the medical examination that is performed prior to assignment, the periodic examinations must include at least:
- a general medical examination,
- a review of sensory functions (vision, audition, color perception),
- blood or urine testing for diabetes mellitus and other diseases based on clinical examination indications,
- the search for drugs if there are clinical indications in this sense.
In addition, for train drivers over the age of 40, the ECG at rest is also required.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles.

Appendix 3 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with respect primarily to the certification of safety personnel and maintenance of vehicles
Appendix 7 to the Act of 19 December 2006 on railway safety
ANNEX VII
Training methodology
A good balance should be ensured between theoretical training (in class and in the form of demonstrations) and practice (work experience in real conditions, conducted under and without supervision on tracks that are blocked for training purposes).
Computer-assisted training is allowed for individual learning of operating rules, signalling contexts, etc.
Although optional, the use of simulators can be useful for effective driver training. They are particularly useful for training on abnormal working conditions or rules that are rarely applied. They have the advantage of allowing drivers to learn through practice to react to situations that cannot be the subject of training in reality. In principle, the latest generation simulators must be used.
With regard to the acquisition of knowledge on itineraries, it is necessary to focus on the approach that the train driver accompanies another driver for an appropriate number of trips on the route concerned, day and night. Another form of learning among others is to use video recordings of itineraries made from the driver's cabin.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles.

Appendix 4 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the Use of Railway Infrastructure and the Act of 19 December 2006 on the Safety of Railway Operations with regard primarily to the certification of safety personnel and maintenance of vehicles
Appendix 8 to the Act of 19 December 2006 on railway safety
Annex VIII
General professional knowledge and licensing requirements
The objective of general training is:
- the acquisition of knowledge of railway techniques and related procedures, including safety principles and the philosophy on which operational regulations are based;
- the acquisition of knowledge of the risks associated with the railway operation and of the various means to be deployed to control them, and of the related procedures;
- the acquisition of knowledge of the principles governing one or more modes of railway operations and related procedures;
- the acquisition of knowledge of trains, their constituent elements and technical requirements for motor vehicles, cars, cars and the rest of the rolling stock, and related procedures.
In particular, the driver must be capable of:
- to assess the requirements of the driver's profession, the importance of this profession and its professional and private constraints (prolonged work periods, absence of the family home, etc.);
- to apply staff safety rules;
- to identify rolling stock;
- knowing a method of work and applying it rigorously;
- to determine the reference and application documents (manual procedures and manual of the lines, as defined in the ITS "Operation", driver manual, troubleshooting manual, etc.);
- to acquire behaviours consistent with the exercise of key security responsibilities;
- to determine the procedures to be implemented in the event of an accident affecting persons;
- to identify the risks associated with railway operations in general;
- to know the various principles governing the safety of traffic;
- to apply the basic principles of electrotechnical.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles

Appendix 5 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the Use of Railway Infrastructure and the Act of 19 December 2006 on the Safety of Railway Operations with regard primarily to the certification of safety personnel and maintenance of vehicles
Appendix 9 to the Act of 19 December 2006 on railway safety
Annex IX
Professional knowledge of rolling stock and certification requirements
After the specific training on rolling stock, the driver must be able to perform the following tasks.
1. Tests and checks required prior to departure
The driver must be capable of:
- to gather the necessary documentation and equipment;
- to verify the engine engine capacity;
- verify the information recorded in the documents on the engine machine;
- to ensure, by performing the required checks and tests, that the engine gear is able to provide the necessary traction effort and that the safety equipment operates;
- verify that the prescribed protective and safety equipment is in place and operate during the traction relays and at the beginning of the journey;
- to ensure routine preventive maintenance operations.
2. Knowledge of rolling stock
In order to drive a locomotive, the driver must know all the control organs and indicators available to him, in particular those concerning:
- traction;
- braking;
- elements related to traffic safety.
In order to identify and locate an anomaly on rolling stock, report it and determine the repairs to be performed and, in some cases, intervene itself, must know:
- mechanical structures;
- suspension and liaison bodies;
- the working bodies;
- safety equipment;
- fuel tanks, fuel supply devices, exhaust bodies;
- the marking device, both inside and outside the rolling stock, including symbols used for the carriage of dangerous goods;
- the route registration systems;
- electrical and pneumatic systems;
- current capture organs and high voltage equipment;
- means of communication (radio ground-train, etc.);
- the organization of journeys;
- the constituent elements of the rolling stock, their role and the specific devices of the towed material, including the stopping system of the train by placing the atmosphere of the brake pipe;
- braking organs;
- the elements specific to the engines;
- Traction chain, motors and transmissions.
3. Brake tests
The driver must be capable of:
- verify and calculate, before departure, whether the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents;
- to verify the operation of the various parts of the braking device of the engine and train, if any, before moving, when running and during walking.
4. Type of walking and train speed depending on the characteristics of the line
The driver must be capable of:
- to be aware of the information transmitted to it before departure;
- to determine the type of operation and the limit speed of the train according to parameters such as speed limits, weather conditions or any changes in the signalling.
5. Train control so as not to degrade facilities or rolling stock
The driver must be capable of:
- to use all of the control devices at its disposal in accordance with the applicable rules;
- to start the train by respecting the grip and power constraints;
- use the brake for slowing and stopping, taking into account rolling stock and installations.
6. Anomalies
The driver shall:
- be able to pay attention to unusual events concerning the conduct of the train;
- be able to inspect the train and identify signs of anomaly, to differentiate them, to react according to their relative importance and to try to remedy them, preferring in all cases the safety of rail traffic and people;
- know the means of protection and communication available.
7. Incidents and accidents, fires and accidents affecting people
The driver shall:
- be able to take protective and alert measures in the event of an accident affecting persons on board the train;
- be capable of determining whether the train carries dangerous substances and recognizing them on the basis of train documents or the list of cars;
- know the procedure for evacuation of a train in the event of an emergency.
8. Operating conditions after an incident involving rolling stock
After an incident, the driver must be able to assess whether the equipment can continue to operate and under what conditions, so as to communicate these conditions to the infrastructure manager as soon as possible.
The driver must be able to determine whether to conduct an expertise before the train resumes its route.
9. Immobilization of the train
The driver must be able to take the necessary measures to ensure that the train, or parts thereof, does not move unannouncedly, even in the most delicate situations.
In addition, the driver must know the measures to stop a train, or parts thereof, in the event that he began to move unannouncedly.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles.

Appendix 6 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with respect primarily to the certification of safety personnel and maintenance of vehicles
Annex 10 to the Act of 19 December 2006 on railway safety
Annex X
Professional knowledge of infrastructure and certification requirements
Infrastructure issues
1. Brake tests
The driver shall be able to verify and calculate, before departure, that the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents.
2. Type of walking and speed limit according to line characteristics
The driver must be capable of:
- to be aware of the information transmitted to it, such as speed limits or any change in signalling,
- to determine the type of step and the speed limit of the train according to the characteristics of the line.
3. Knowledge of the line
The driver must be able to anticipate and respond appropriately in terms of safety and other benefits, such as punctuality and economic elements. As a result, it must have a good knowledge of the railway lines and facilities and any other agreed routes.
The following elements are important:
- operating conditions (track changes, traffic in one direction, etc.);
- verification of the route and consultation of the relevant documents;
- the determination of the routes usable for a given operating mode;
- the applicable traffic rules and the meaning of the signalling system;
- the operating regime;
- the cantonment system and associated rules;
- the name of the stations as well as the position and remote spotting of the stations and switch stations, in order to adapt the conduct accordingly;
- the transition signaling between different operating or power systems;
- the limit speeds for the different categories of trains driven by the agent;
- topographic profiles;
- special braking conditions such as those applicable to high-graded lines;
- operating features: special signs or signs, starting conditions, etc.
4. Security regulations
The driver must be capable of:
- to start the train only once the required conditions are met (time, order or departure signal, opening of the signals if applicable, etc.);
- to observe the lateral and cabin signage, to decode it without hesitation or error and to execute the prescribed actions;
- to drive the train safely, in keeping with the particular operating modes: special steps on order, temporary speed limits, traffic in the opposite direction, clearance of closed signals in the event of an emergency, manoeuvres, rotations, road traffic, etc.;
- to comply with scheduled stops and additional stops, and to carry out, if necessary, additional operations related to the service of passengers during these stops, including the opening and closing of doors.
5. Train driving
The driver must be capable of:
- to know at any time his position on the line he travels;
- use brakes for slowing and stopping, taking into account rolling stock and installations;
- to adjust the course of the convoy in accordance with the schedule and possible energy saving instructions, taking into account the characteristics of the engine gear, train, line and environment.
6. Anomalies
The driver must be capable of:
- to be attentive, to the extent that the train's conduct allows, to unusual events concerning infrastructure and the environment: signals, track, power supply, crossings, roadsides, other equipment in circulation;
- to assess the clearance distance of obstacles;
- to communicate to the infrastructure manager, as soon as possible, the location and nature of the deficiencies identified, ensuring that it is understood by its interlocutor;
- taking into account the infrastructure, guaranteeing the safety of traffic and people or taking measures to guarantee it as necessary.
7. Incidents and accidents, fires and accidents affecting people
The driver must be capable of:
- take measures to protect the train and seek assistance in the event of an accident affecting persons;
- to determine the stopping place of the train following a fire and to facilitate the evacuation of passengers if necessary;
- to provide, as soon as possible, relevant information on the fire if it cannot control it itself;
- to communicate these conditions to the infrastructure manager as soon as possible;
- to assess whether the infrastructure allows the vehicle to continue rolling and under what conditions.
8. Language tests
The driver who must communicate with the infrastructure manager on key safety issues must have language knowledge in the language indicated. This knowledge must enable it to communicate actively and effectively in routine situations, problematic situations and emergencies.
The driver must be able to use the messages and communication method specified in the "Operation" ITS. It must be able to communicate in accordance with level 3 of the following table:
Language and communication levels
Oral fitness in a language can be divided into five levels:
Level - Description:
5 can adapt its way of speaking according to the interlocutor, can advance an opinion, can negotiate, can convince, can give advice;
4 may face totally unforeseen situations, may make assumptions, may express an opinion supported by arguments;
3 may face practical situations with an unforeseen element, may make a description, may participate in a simple conversation;
2 may face simple practical situations, may ask questions, may answer questions;
1 can speak using phrases learned by heart.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles

Appendix 7 to the Act of 26 January 2010 amending the Act of 4 December 2006 on the Use of Rail Infrastructure and the Act of 19 December 2006 on the Safety of Railway Operations with regard primarily to the certification of safety personnel and maintenance of vehicles
Annex 11 to the Act of 19 December 2006
related to railway safety
ANNEX XI
Frequency of examinations
The minimum frequency of examinations is as follows:
(a) language knowledge (only in case it is not the mother tongue of the person concerned): every three years or after any absence of more than one year;
(b) knowledge of the infrastructure (including itineraries and operating rules): every three years or after any absence of more than one year on the route concerned;
(c) knowledge of rolling stock: every three years.
Seen to be annexed to the bill amending the Act of 4 December 2006 on the use of railway infrastructure and the Act of 19 December 2006 on the safety of railway operations with regard primarily to the certification of safety personnel and maintenance of vehicles.