Key Benefits:
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, and the Secretary of State for Transport,
Having regard to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community;
Having regard to European Commission Regulation (EU) No 36/2010 of 3 December 2009 on community models for the train driver's licence, the supplementary certificate, the certified copy of the supplementary certificate and the application form for a train driver's licence, under Directive 2007/59/EC of the European Parliament and the Council;
In view of the European Commission's decision No. 2006/920/EC of 11 August 2006 amended on the technical specification of interoperability regarding the subsystem "exploitation and traffic management" of the conventional trans-European railway system;
Having regard to European Commission Decision No. 2008/231/EC of 1 February 2008 concerning the technical specification of interoperability in relation to the subsystem of the Trans-European railway system referred to in Article 6, paragraph 1, of Council Directive 96/48/EC repealing Decision 2002/734/EC;
Having regard to European Commission Decision No. 2010/17/EC of 29 October 2009 on the adoption of the basic parameters of the registers of the licences of the train drivers and the supplementary certificates provided for in Directive 2007/59/EC of the European Parliament and the Council;
Having regard to recommendation No. 2008/C 111/01 of the European Parliament and Council of 23 April 2008 establishing the European framework for certifications for education and training throughout life;
Vu le Public Health Code ;
Vu la Act No. 82-1153 of 30 December 1982 modified inland transport orientation;
Vu la Act No. 2009-1503 of 8 December 2009 relating to the organization and regulation of railway transport and carrying various provisions relating to transport, including Article 2;
Vu le Decree No. 2001-492 of 6 June 2001 taken for application of Chapter II of Title II of Act No. 2000-321 of 12 April 2000 and relating to the acknowledgement of receipt of requests to the administrative authorities;
Vu le Decree No. 2006-1279 of 19 October 2006 amended on the safety of railway traffic and the interoperability of the railway system, including Articles 6 and 25;
Vu le Decree No. 2010-708 of 29 June 2010 concerning the certification of train drivers;
Having regard to the amended decision of 30 July 2003 on conditions of physical and professional fitness and training of personnel authorized to perform security functions on the national railway network;
Considering the amended decision of 19 February 2007 taken for the application of theArticle 3 of Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system;
Considering the decision of 30 June 2008 pursuant to last paragraph of Article 3 of Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system;
In view of the Decree of 30 July 2008 on the publication and implementation of the technical specifications for interoperability concerning persons with reduced mobility, the safety of railway tunnels, control and signalling in the conventional and high-speed trans-European railway system and the sub-systems "energy", "exploitation", "infrastructure", " rolling stock" in the high-speed trans-European railway system, including its Article 3,
Stop:
For the purposes of the provisions of this Order,:
"employer": the employer defined within the meaning ofArticle 1 of the Decree of 29 June 2010 except for the application of articles 5 and 14;
"driver": a person who is responsible for the conduct of a train, is responsible for direct controls or provides cabin guidance to the person controlling the control organs.
In order not to endanger its safety, that of personnel, users and third parties, a driver shall not be subject to any pathology that may cause:
– a sudden loss of consciousness;
– a decrease in attention or concentration;
a sudden incapacity;
– a loss of balance or coordination;
– a significant limitation of mobility.
It must not follow any medical treatment or take medications or substances that may cause the same effects.
An in-service driver must not be placed under the control of psychoactive substances such as drugs, narcotics or therapeutic substances diverted from their normal use.
A driver in service must not be placed under the control of an alcoholic state defined in thearticle 11 of the Decree of 29 June 2010 referred to above.
During medical visits to the issue of the certificate of physical fitness, in the event of medical treatment, a driver informs the doctor of the medications prescribed.
He informs doctors of his profession that he consults.
The employer shall take all measures at its disposal to ensure that train operators in service meet the general medical requirements set out in this chapter.
In particular, it ensures that drivers are informed about the prevention of occupational hazards, the obligations resulting from this title, as well as the measures that may be taken, including any criminal penalties that may be imposed pursuant to the articles L. 3421-1 et seq. and R. 3421-1 of the Public Health Code in the event of consumption of substances that may affect attention, concentration and behaviour.
It is prohibited for any employer to allow a train operator intoxicated to enter or stay on the railway network.
In order to prevent or put an end to a dangerous situation with regard to the safety of users, staff and third parties, the employer of a driver may ask him to submit to a check of the alcohol level. In case of refusal of control or recognition of a higher rate than that mentioned in thearticle 11 of the Decree of 29 June 2010 referred to above, the employer shall report to the driver of his or her duties and may request, in accordance with the provisions of section 6 of the above-mentioned decree, a review of the physical fitness of the driver.
The results of the alcohol level control are communicated to the driver and, if applicable, to the doctor in charge of the fitness examination.
The employer shall establish an individual follow-up of its conductors, including the acquisition and maintenance of the professional knowledge required for the issuance of the certificate referred to in section 27 and the follow-up to events contrary to the safety in which they are involved. This follow-up includes annual audits.
All the relevant documents are retained in a file that is produced by the employer at the request of the public railway security establishment officers, as described below as "EPSF", and those of the other competent State control bodies.
The documents on file must be retained at least three years after the validity of the certificate is terminated.
I. ― To meet the requirement of 1° of Article 3 of the Decree of 29 June 2010 referred to above, a candidate must justify the detention of a degree attesting to a level of training equivalent to level V of the interdepartmental nomenclature of the levels of training or any degree recognized equivalent in the European Union.
To ensure this equivalence, the candidate submits a certificate, written in French, issued by the International Centre for Educational Studies or any other body approved for this purpose.
If not, a candidate may justify, by any means, the equivalent level of training of the ESP at level 3 referred to in Recommendation No. 2008/C 111/01 of the European Parliament and the Council of 23 April 2008 referred to above. The Minister for Transport is in dispute over the decisions of the WSP on this subject. He makes his opinion known to the WSP and the applicant within two months.
II. ∙ Persons authorized to conduct trains pursuant toArticle 6 of Decree No. 2006-1279 of 19 October 2006 having exercised the conduct for at least two years before June 1, 2018 shall be deemed to meet the requirement set out in I above.
The employer shall take all measures at its disposal to ensure that in-service drivers meet the general conditions of physical and psychological fitness defined in Appendix II.
I. ― Medical examinations to be performed to issue the physical fitness certificate mentioned in thearticle 4 of the Decree of 29 June 2010 referred to above include:
- general medical examination;
• sensory functions (vision, hearing, perception of colors);
- blood or urine analysis, including the detection of diabetes mellitus, to the extent that they are necessary to assess the candidate's physical fitness;
― looking for psychotropic substances, such as illicit drugs or psychotropic medication, and alcohol abuse involving the ability to exercise the function;
any other examination deemed necessary by the doctor responsible for the physical fitness check;
- an electrocardiogram at rest.
Appendix II sets out the objectives and conditions for these reviews.
II. ― Medical examinations to be performed to renew the physical fitness certificate include the examinations referred to in I with the exception of the resting electrocardiogram if the person is under 40 years of age.
III. ― In accordance witharticle 4 of the Decree of 29 June 2010 referred to above, the issuance of the certificate of fitness may be conditioned by additional examinations prescribed by the doctor.
IV. ― Examinations and their results, including biological testing of psychoactive substances, are subject to medical confidentiality and are performed under conditions with all guarantees of confidentiality and non-discrimination. In no case may they be made without the knowledge of the person concerned who must be informed of the nature and results of the examinations to which it is submitted. The balance sheet is kept by the doctor for ten years and can be communicated to the railway suitability board.
I. ― The examination conducted for the issuance of the certificate of psychological fitness shall enable the candidate to verify that the candidate does not have recognized psychological impairments, particularly at the level of operational abilities, or a factor affecting his or her personality, which may compromise the performance of his or her duties safely.
II. ∙ The examination shall include:
- psychomotor skills;
- cognitive abilities;
– behaviour in complex or stress-free situations.
Appendix II sets out the objectives and conditions for the completion of the examination for the issuance of the certificate of psychological fitness by distinguishing, on the one hand, the examination required for the initial issuance of the licence, and on the other, the examination required for the renewal of the licence.
III. ― The examination is subject to an assessment whose results present all guarantees of non-discrimination and confidentiality and are communicated in writing to the person examined. The balance sheet is retained by the psychologist for ten years and can be communicated to the railway suitability board.
The recognition of the fitness for the exercise of the driver function is the subject of a certificate of physical fitness signed and dated by the doctor and a certificate of psychological fitness signed and dated by the psychologist. These certificates are issued in two copies to the person under review.
In the event of a difficulty or disagreement of a person being examined or his or her employer with respect to a certificate of physical or psychological fitness issued in France, a remedy may be exercised within two months of the date on which the certificate is delivered to the person to the railway suitability board provided for in the certificate.Article 10 of the Decree of 29 June 2010 referred to above. The decision shall be taken within two months of the date of receipt of the appeal, after allowing the doctor or psychologist who issued the certificate to be heard.
The suitability railway commission meets as a whole to conduct studies and recommendations and to answer any questions related to the physical and psychological fitness of train drivers and the evolution of the regulations.
In its rules of procedure, it institutes appropriate trainings, in particular to investigate cases relating to the accreditation of physicians and psychologists as well as appeals on the physical and psychological certificates of train drivers. The rules of procedure take into account the requirements of medical confidentiality.
In the event of an equal vote in a vote, the President's voice is preponderant.
Its secretariat is provided by the Ministry of Transport.
I. ― In order to issue the physical fitness certificate, the physician must be certified in accordance with the conditions set out in Appendix I.
II. ― To issue the certificate of psychological fitness, the psychologist must be certified in accordance with the conditions set out in Appendix I.
III. ― A doctor or psychologist who requests accreditation shall address to the Minister responsible for transport, under a recommended fold with acknowledgement of receipt or against discharge, a record whose content is set out in Appendix I and which shall be prepared in two copies written in French, one in hard copy and the other in electronic version.
The Minister shall acknowledge receipt of the record no later than seven days after receiving the post or discharge, in accordance with the provisions set out in theArticle 1 of Decree No. 2001-492 of 6 June 2001.
Accreditation must be issued within four months.
If it is found that the file is incomplete, the Minister shall request, no later than the month following the sending of the above-mentioned acknowledgement, the production of the missing elements with the applicant in accordance with the provisions of the first paragraph of Article 2 of the Decree of 6 June 2001 referred to above. The time limit is then suspended.
The Minister shall forward the file to the suitability railway board, which shall have a period of two months to make his notice known.
The Commission may request, within this period, any clarification or additional information that appears to be useful to it. This does not suspend the time limit for instruction. Any refusal against a request for clarification or additional information may not, on its own, constitute a ground for refusal to grant or renew the licence.
At the end of the inquiry, the Minister shall notify the applicant of his decision by registered mail with acknowledgement of receipt. In the event of a refusal to issue, amend or renew the licence, the Minister shall give reasons for its decision.
The suitability railway board may propose to the Minister the withdrawal of the licence as long as a requirement referred to in Schedule I is no longer met.
I. ― A driver must be capable of:
• to assess the requirements of the driver's profession, the importance of this profession and its constraints;
- to apply the rules relating to personnel security;
• identify rolling stock;
― knowing a method of work and applying it in a rigorous manner;
- to determine the reference and application documents (manual of the procedures and manual of the lines, as defined in the technical specifications for interoperability (STI) "operating", driver's manual, troubleshooting manual and other documents);
- to determine the procedures to be implemented in the event of an accident affecting persons;
• to assess the risks associated with railway operations in general;
- to know the various principles governing the safety of railway traffic;
- to apply the basic principles of electrotechnical.
II. ― General professional knowledge constituting the program mentioned inarticle 4 of the Decree of 29 June 2010 referred to above must meet the objectives set out in Appendix III.
I. ― The examination of general professional knowledge takes place under conditions ensuring the anonymity of candidates.
It is organized by an organization planned for I of Article 4 of the Decree of 29 June 2010 referred to above and approved by the EPSF.
The persons responsible for this examination shall guarantee the conditions for the organization and conduct of the examination. They may not participate in the correction of the test under the following paragraph. The Director General of the EPSF takes all other useful requirements.
II. ― The examination shall be carried out by a test in the form of a multi-choice questionnaire with between 30 and 40 questions relating to the program provided for in section 17 and for a duration between forty-five and sixty minutes. The terms and conditions for the examination of general professional knowledge are decided by the Director General of the ESPF in compliance with provisions of Article 4 of the Decree of 29 June 2010 referred to above.
III. ― Success in the examination results in the issuance of a certificate issued in two copies to the candidate.
I. ― Organizations referred to in I of Article 4 of the Decree of 29 June 2010 referred to above are approved by decision of the Director General of the PSEP if they meet the following conditions:
(a) Not having been the subject of a conviction, as well as their leader, in Bulletin No. 3 of the criminal record or, for foreign nationals, a conviction in an equivalent document;
(b) Not having been the subject in the year before the application for a decision to withdraw the licence;
(c) Rationale of persons responsible for the review within the limit of four;
(d) Rationale of means to meet the requirements of the terms of reference contained in annex VII;
(e) Undertake to bring to the attention of the Director General of the WSP any changes to the elements under which the approval was granted, including where the organizations cannot afford the assistance of at least one person meeting the conditions set out in the I of Article 4 of the Decree of 29 June 2010 referred to above ;
(f) Make an undertaking to report, no later than two months after all the anniversary dates of the licence issuance date, a review of the examinations completed the previous year;
(g) Provide an assessment of the activity previously performed when the applicant wishes to renew its approval.
II. - The approvals of organizations are issued according to the procedure applicable to articles 32, 33 and 34. However, the first approval is granted for a two-year probationary period and is only extended for three years, subject to the positive result of a control conducted under the conditions set out in III.
III. ― The control of the bodies includes respect for the specifications set out in annex VII, the proper conduct of the examinations and the sustainability of the means referred to in the application for approval.
In the event of a disability, particularly in the context of the implementation of the examinations or in the event of a wrongful act or termination of activity, the approval may be suspended or withdrawn by the Director General of the PES by a reasoned decision following an adversarial procedure.
I. ― The licence application file includes:
(a) A proof of the identity and age of the driver;
(b) Any supporting documentation of the initial level of education, in accordance with Article 9;
(c) A certificate of success in a general professional knowledge review;
(d) A certificate of physical fitness;
(e) A certificate of psychological fitness; for the case mentioned in last paragraph of Article 13 of the Decree of 29 June 2010 referred to above, this certificate is established on the basis of the review for the renewal of the licence.
II. ― In the case of a renewal application, the file includes:
(a) A certificate of success in a review of general or mentioned professional knowledge II of Article 6 of the above-mentioned Decree of 19 October 2006 valid or whose validity has been less than three months from the date of its application;
(b) A valid physical fitness certificate;
(c) Renewal of the psychological fitness certificate.
The application file for a licence written in French, accompanied by the translation, certified sincerely by a sworn translator, of the supporting documents in other languages, is sent under recommended fold with acknowledgment of receipt to the EPSF.
If the file does not include all required parts, the WSP sends the missing parts list to the applicant. The time limit for issuing the licence application is suspended for the production of the missing parts.
The WSP publishes any other procedure that it determines.
I. ― The ESF issues the train driver licence. It addresses the driver by registered letter with acknowledgement of receipt.
The refusal to issue the licence is notified to the applicant. It contains the grounds for which the licence is denied and recalls the applicant's remedies and procedures.
II. ― The ESF maintains and updates a register of licences established in accordance with the fundamental parameters adopted by the European Commission pursuant to Article 22, paragraph 4, of Directive 2007/59/EC and subject to decision No. 2010/17/EC of 29 October 2009 referred to above.
The model of the train driver's licence complies with the requirements set out in European Commission Regulation (EU) No. 36/2010 of 3 December 2009 referred to above. It is based on the Community model adopted by the European Commission pursuant to Article 4, paragraph 4, of Directive 2007/59/EC and subject to Regulation (EU) No 36/2010 of 3 December 2009 referred to above.
I. ∙ When 1° and 2° of Article 9 of the Decree of 29 June 2010 referred to above, the WSP is required to issue the provisional or final withdrawal of the licence, or the suspension of the benefit of a licence in the national territory, it complies with the following procedure.
The licensee shall notify the licensee of its intention by specifying the grounds and duration of the sanction contemplated and by indicating the date on which, without reply from the licensee, the action will take effect.
The licensee shall have a period of fifteen days from this notification to send any explanatory material to the EPS.
Without a response at the end of this period or if it considers that the elements provided are insufficient, the WSP confirms its decision, possibly reduced in its duration. It shall notify the driver who has a period of 48 hours to return the license card under the application of the licence, by registered letter with acknowledgement of receipt or against discharge. III of Article 9 of the Decree of 29 June 2010 referred to above.
II. ― If the ESP withdraws its decision to withdraw the licence or to suspend the licence, it shall return, by registered letter with acknowledgement of receipt or against discharge, the licence card to the train operator within 48 hours of the withdrawal of its decision.
Professional skills related to the knowledge of rolling stock and infrastructureArticle 6 of Decree No. 2006-1279 of 19 October 2006 are defined in annexes IV and V.
A driver must be able to communicate actively and effectively, in the French language, with the infrastructure manager in normal, disrupted or emergency situations, and on the border sections, in the language indicated by the infrastructure manager.
In particular, it must be able to use the messages and method of communication specified in the technical specification of interoperability "exploitation and traffic management" mentioned in the above-mentioned order of February 19, 2007.
As such, it must meet at least the requirements specified for level 3 of the table in Appendix VI.
This level is deemed to be achieved for a driver who justifies any degree delivered in the language indicated by the infrastructure manager. This level is also deemed to be achieved if the driver justifies for this language of level B1 of the Common European Framework of Reference for Languages, duly certified by an organization authorized to do so.
I. ― The employer shall ensure that the conductor is trained in the driving arrangements that relate to the safety management system under which he or she is required to perform his or her duties.
II. – The railway company or infrastructure manager shall establish the procedure for issuing certificates and evaluating knowledge.
The railway company or infrastructure manager shall ensure compliance with the assessment requirements set out in section 29. It or it determines, at the time of the preparation of the procedure to be followed in order to obtain the certification, the assessment procedures to verify the qualifications required and the assessors responsible for this task.
The evaluation of the issuance of certificates takes place at least every three years. With respect to infrastructure knowledge, this evaluation is carried out when the driver has not been circulating for more than a year on the relevant infrastructure section.
III. ― The employer shall issue the certificates according to the Community model adopted by the European Commission pursuant to Article 4, paragraph 4, of Directive 2007/59/CE and subject to Regulation (EU) No 36/2010 of 3 December 2009 of the European Commission referred to above, specifying in accordance with this Regulation the categories of conduct it determines.
IV. ― The employer shall maintain and update a record of the certificates referred to in III, including electronically, prepared in accordance with the fundamental parameters adopted by the European Commission pursuant to Article 22, paragraph 4, of Directive 2007/59/EC and subject to decision No. 2010/17/EC of 29 October 2009 referred to above.
Trainings issued for the certificate are subject to a specification. This specifications are subject to an agreement between the railway company or the infrastructure manager and the training agency.
I. ― Any trainer responsible for training train drivers must meet the following requirements:
(a) Have appropriate general and technical training;
(b) Have a professional experience, in the previous eight years, of at least three years on the trans-European network, of which one year on the national grid or the network considered, in the exercise or supervision of the driving function allowing a complete mastery of the required professional skills or a continuous practice of training in the driving function with regular updating of the knowledge.
II. ― An evaluator responsible for the evaluation of train conductor knowledge shall meet the following requirements:
(a) Have appropriate general and technical training;
(b) Have a professional experience of at least eighteen months in the matter assessed;
(c) Rationale for at least six months in the supervision of the driving function for a complete mastery of the required professional skills.
However, when the driver is assessed on a material for which he has not already obtained a certification, the durations of b and c are respectively increased to three years and one year.
III. ― The railway company or infrastructure manager or any interested organization that empowers persons for the training and evaluation of train drivers shall be made available to the WSPA an updated list of these persons.
I. ― The supervisor mentioned to theArticle 6 of Decree No. 2006-1279 of 19 October 2006 ensure the proper conduct of the evaluation tests. It ensures that there is no conflict of interest in the organization and conduct of the evaluation tests. He investigates any disputes regarding the outcome of the evaluations.
Evaluators may be part of the railway or infrastructure manager issuing the attestation. They do not intervene in the training of the driver specific to the purpose of the evaluation test. However, where the scarcity of training and evaluation skills warrants this, the evaluation may be entrusted to a driver's trainer subject to, where appropriate, specific provisions to be specified by the supervisor.
II. ― The railway company or infrastructure manager or any interested body designating supervisors for the evaluation of a driver shall maintain an updated list of such persons at the disposal of the ESP.
Training organizations and evaluation bodies mentioned in theArticle 25 of Decree No. 2006-1279 of 19 October 2006 are approved by decision of the Director General of the PSEP if they meet the following conditions:
(a) Not having been the subject of a conviction, as well as their leader, in Bulletin No. 3 of the criminal record or, for foreign nationals, a conviction in an equivalent document;
(b) Not having been the subject in the year before the application for a decision to withdraw the licence;
(c) Rationale of trainers and assessors meeting the requirements of section 29 for the benefits they intend to provide;
(d) Rationale of means to meet the requirements of the terms of reference contained in annex VII;
(e) Undertake to bring to the attention of the Director General of the WSP any changes to the elements to which the approval has been granted, in particular where the organizations are no longer able to support at least two persons meeting the conditions set out in Article 29 I and II respectively;
(f) Make an undertaking to report, no later than two months after all the anniversary dates of the grant of approval, an assessment of the trainings carried out the previous year;
(g) Provide an assessment of the activity previously performed when the applicant wishes to renew its approval.
The training agencies and the evaluation bodies mentioned in the previous article wishing to obtain the issuance, modification or renewal of their approval shall, under the recommended fold with acknowledgement of receipt, address a file including the elements provided for in section 33 and shall be prepared in two copies written in French, one in hard copy and one in electronic version.
The ESF has four months to issue the accreditation.
No later than seven days after its posting, the WSP acknowledges receipt of the file in accordance with the provisions of Article 1 of Decree 2001-492 of 6 June 2001 referred to above.
If it is found that the file is incomplete, the WSP shall, no later than the month following the sending of the above-mentioned acknowledgement, request the production of the missing elements with the applicant in accordance with the provisions of the first paragraph of Article 2 of the Decree of 6 June 2001 referred to above.
During the course of investigation, the WSP may request clarifications or additional information from the applicant that appear to be useful. This approach does not suspend the four-month period of instruction that runs from the date of sending by the PSEP of the acknowledgement of receipt of the file or, if any, the date of receipt of the missing elements requested under the preceding paragraph. Any refusal against a request for clarification or additional information may not, on its own, constitute a ground for refusal to grant or renew the licence.
At the end of the instruction of the application, the ESF shall notify the applicant by registered mail with acknowledgement of receipt. In the event of a refusal to issue, amend or renew the licence, the PSPC shall justify its decision.
The record referred to in section 32 includes:
(a) The social reason of the organization, its address, its legal status, the subject matter of its activity, its year of creation, if any its legal and financial connection to another entity, the K bis extract or, for foreign agencies, an equivalent document as well as information relating to the identity of their leader (name, first names, nationality and domicile);
(b) A certificate of insurance signed by the qualified applicant organization, other than the state services, guaranteeing its professional civil liability;
(c) An organization chart and an explanatory statement presenting the applicant's activities, skills, professional experience, technical and human resources and working methods, including measures taken to ensure the sustainability of skills and qualifications;
(d) The names, names, trainings and professional experiences of individuals, within the limit of four, that the organization proposes to perform the functions of officer responsible for the training and evaluations as well as a certificate from the organization indicating that these persons are part of its personnel or exercise their training or evaluation activities exclusively for its benefit;
(e) Bulletin No. 3 of the judicial record of the proposed leaders responsible for training and evaluations. For foreign nationals, a document equivalent to the previously cited newsletter is provided.
The accreditation of the organizations referred to in section 31 shall be granted for a period of five years from the date of issue. It is renewable for five years.
I. ― The control of the bodies referred to in Article 31 includes respect for the specifications set out in Annex VII and the sustainability of the means referred to in the application for approval.
II. ― In the event of a disability, particularly in the context of the skills of trainers or evaluators or in the event of a wrongdoing or termination of activity, the approval may be suspended or withdrawn by the Director General of the WSP by a reasoned decision following a contradictory procedure.
I. ― The above decision of 30 July 2003 is amended to read:
1° The first paragraph of section 8 is replaced by the following provisions:
“Without prejudice to the provisions of Labour code ensuring that any officer performing medical supervision security functions, a medical examination to ensure physical fitness is carried out every three years. »
2° After the first paragraph of section 25, the following paragraph is added:
" Effective June 1, 2011, the conditions of physical and psychological fitness are deemed to be met by a train driver assigned to another safety function as long as he holds a physical fitness certificate and a valid psychological fitness certificate. »
II. ― The provisions of the above-mentioned 30 July 2003 order no longer apply as of 1 June 2011 as they relate to the train operator function.
The Director of Transport Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E I
I. ∙ Accreditation of doctors
Medical fitness is found by a physician registered in the doctor's order chart (art. L. 4111-1 of the Public Health Code). This doctor exercises his activity in accordance with Code of Medical Ethics.
A. ― To be approved, the physician must have knowledge of the railway system. He must:
- to know the general environment of the railway system and, in particular, the role and mission of the driver in the field of safety;
- to be familiar with the legislative and regulatory environment for the performance of train conductor functions, the obligations of railways and infrastructure managers who employ them, the role and duties of physicians and psychologists responsible for issuing certificates of fitness under the regulations;
― knowing the procedures and procedures for appeals to instruct the requests submitted by drivers and employers regarding physical fitness;
― be trained in passing and interpreting the specific tests and tools required.
He must present conditions of honesty and justify the means necessary for his mission.
B. ― The application for approval file includes:
(a) The identity of the applicant;
(b) His inscription in the doctor's order table;
(c) Bulletin No. 3 of the criminal record. For foreign nationals, a document equivalent to the previously cited newsletter is provided;
(d) A certificate of insurance guaranteeing professional civil liability;
(e) The proof of skills and professional experience required. This condition is deemed to be met if the doctor warrants a three-day internship in the professional environment, including a day of coaching;
(f) The commitment to bring to the attention of the Minister any changes to the elements under which the approval was issued;
(g) The commitment to provide, no later than two months after the anniversary date of the accreditation, an assessment of the previous year's assessments.
In the event of a renewal of the accreditation, the production of a balance sheet of the previously exercised activity is added.
C. ― Accreditation cannot be issued if the candidate:
- was the subject of a conviction in Bulletin No. 3 of the legal record or, for foreign nationals, a conviction in an equivalent document;
― was the subject in the year before the application for a decision to withdraw the licence.
II. ― Accreditation of psychologists
The psychological assessment shall be carried out by persons authorized to make professional use of the psychologist's title under the conditions defined in theArticle 44 of Act No. 85-772 of 25 July 1985, in particular to be registered on the ADELI list and to adhere to the articles of the Professional Code of Ethics dated March 25, 1996.
A. ― To be approved, the psychologist must have knowledge of the railway system. He must:
knowing the general environment of the railway system and, in particular, the role and mission of the driver in the field of safety;
- to be familiar with the legislative and regulatory environment for the performance of train conductor functions, the obligations of railways and infrastructure managers who employ them, the role and duties of physicians and psychologists responsible for issuing certificates of fitness under the regulations;
― knowing the procedures and procedures for appeals to instruct the requests submitted by drivers and employers regarding psychological fitness;
― be trained in passing and interpreting the specific tests and tools required.
He must present conditions of honesty and justify the means necessary for his mission.
B. ― The application for approval file includes:
(a) The identity of the applicant;
(b) Its entry to the ADELI list;
(c) Bulletin No. 3 of the criminal record. For foreign nationals, a document equivalent to the previously cited newsletter is provided;
(d) A certificate of insurance guaranteeing professional civil liability;
(e) The proof of the skills and professional experience required. This condition is deemed to be met if the psychologist warrants a three-day internship in the professional environment, including a day of accompanying conduct;
(f) The commitment to bring to the attention of the Minister any changes to the elements under which the approval was issued;
(g) The commitment to provide, no later than two months after the anniversary date of the accreditation, an assessment of the assessments carried out the previous year;
(h) An explanatory notice presenting the applicant's activities, skills, professional experience, technical means and working methods implemented (tests and evaluation methods used);
(i) A technical notice justifying that the tests used are built according to the principles of psychometry, present a validity of construction (i.e., based on the theoretical foundations stated), a validity of surface (which makes them acceptable by the person assessed) and a predictive validity.
In the event of a renewal of the accreditation, the production of a balance sheet of the previously exercised activity is added.
C. ― Accreditation cannot be issued if the candidate:
- was the subject of a conviction in Bulletin No. 3 of the legal record or, for foreign nationals, a conviction in an equivalent document;
― was the subject in the year before the application for a decision to withdraw the licence.
A N N E X E I
PHYSICAL AND PSYCHOLOGICAL CONDITIONS
TRAIN CONDUCTOR
I. ― Physical fitness
1. General requirements
for the issuance of the physical fitness certificate
Apart from the specific conditions set out in paragraph 2 below for sensory functions, the train operator on the railway network must be free of any conditions that may affect vigilance, concentration and behaviour.
To verify the physical fitness of the train driver, the doctor will decide on a case-by-case basis, from the list below, depending on the health of the driver, the progress of the therapy and, if necessary, after specialized advice:
– traumatic or non-neutral conditions of the nervous system leading to or likely to result in functional inability to compromise safety;
- epilepsy;
– sleep apnea syndrome resulting in vigilance disorders, except favourable specialized advice;
- psychosis;
- uncontrolled neurosis and scalable phase;
― cranial trauma resulting in a loss of knowledge of less than five years, except favourable specialized advice;
– functional impotence incompatible with the performance of the conduct functions;
– permanent or paroxystic heart rate disorders, with the exception of sinus tachycardia, sinus bradycardia, rare and isolated extrasystoles;
– first-degree auriculo-ventricular block with PR space greater than 0.24 second;
― full left branch block, except favourable specialized advice;
― higher-degree auriculo-ventricular block even machined;
- coronary disease, except favourable specialized advice;
cardiomyopathies, except favourable specialized advice;
• heart failures with functional disorders, except favourable specialized advice;
- other heart rhythm or conduction disorders with a risk of syncope or sudden death;
― serious permanent hypertension;
- asthma poorly controlled by treatment;
- medical causes of chronic hypoxemia;
· Immunodeficiency syndrome acquired in the phase of scalable disease;
― cirrrhosis and active chronic hepatitis;
― digestive organic affection poorly tolerated;
- chronic renal failure, except favourable specialized advice;
diabetes treated by insulin or hypoglycemiant sulfamides;
– malignant hemopathies and evolving malignant tumors;
addictive conduct: alcohol, illicit drugs, drugs;
― taking medications that can reduce vigilance.
2. Specific conditions to be fulfilled by the train operator in terms of vision, hearing, verbal expression and, where applicable, in case of pregnancy, for the issuance of the certificate of physical fitness
2.1. Vision
The following vision requirements must be met:
• visual acuity from far, with or without correction measured separately: 1.0 with a minimum of 0.5 for the least performing eye;
Maximum corrections: hypermetropic + 5; myopia ― 8 ; astigmatism + 2 dioptries. Derogations are allowed in exceptional cases and after consulting an eye specialist. The doctor then makes the decision;
– close and intermediate vision: sufficient, whether corrected or not;
– contact lenses and glasses are allowed if they are periodically controlled by a specialist;
– vision of normal colors: use of a recognized test to ensure the recognition of colored signals, such as Ishihara, supplemented by another recognized test if necessary; the test must be based on the recognition of particular colors and not on relative differences;
– 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;
• sensitivity to contrasts: 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;
– capacity of resistance to glare;
– coloured contact lenses and photochromatic lenses are not allowed. The lenses with a UV filter are allowed.
Train incapacity:
- the corneal opacities;
― unified or bilateral aphakies;
Chronic glaucomas;
― the degenerative lesions of the retina likely to cause a take-off;
― ocular paralysis even carllary;
– Strabism differs or converges (without specialized advice);
― refractive surgery (except specialized advice).
The driver must wear corrective lenses when his or her ability is conditioned to correct the vision. The lens port is allowed subject to their good tolerance. Whether the correction is obtained by glasses or lenses, the driver must have a pair of emergency glasses.
2.2. Hearing and verbal expression
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 shall not exceed 40 dB for each frequency 500 and 1000 Hz;
– the hearing deficit should not exceed 45 dB to 2,000 Hz for the ear with the least sound air conduction;
― absence of anomaly of 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 subject to the agreement and under the conditions specified by the fitness doctor; the driver shall have a replacement battery and periodically check the operation of his device.
2.3. Pregnancy
Legal provisions protecting pregnant women must be applied.
II. • Psychological fitness
A. ― The examination conducted for the issuance of the certificate of psychological fitness shall include:
- psychomotor skills: speed of response and gestual coordination;
– cognitive abilities: attention and concentration, memory, perception capacity, reasoning, communication;
– behavior in complex situations or stress.
The following table specifies the level of requirement to be met for the issuance of the psychological fitness certificate.
| Psychomotricity | | | |
| Coordination gestuelle | Ability to develop its drive responses to complex stimuli, in the form of controlled movements, in line with the situation | | X |
| Response speed | Quick response to a simple or complex, visual or sound stimulus | | X |
| Cognitive capacity | |||
| Attention | Control and guidance in perceptive activity and information processing | | X |
| Concentration | Capacity to receive and manage selected stimuli under time pressure | | X |
| Communication (oral/written) | Ability to understand and formulate a clear message for a specific purpose | X | |
| Raisonnement | Ability to manage perceptive and verbal information for the purpose of deducing or inferring other information | X | |
| Memory | Faculty to memorize and mobilize information at the required time | | X |
| Complex or stress behaviour | |||
| Autonomy | Ability to manage priorities and to guide its activity alone in a relevant manner | | X |
| Emotional control | Conservation of all capacities in stress situations | | X |
| Behavioral reliability | Compliance with rules and procedures | | X |
| Rigueur | The ability to adopt and adapt its work processes to ensure the reliability of its productions | | X |
| Social intelligence | Capacity to effectively manage relational situations that can impact security | X | |
A N N E X E I I
GENERAL PROFESSIONAL CONNAISSANCES
Knowledge of railway techniques and related procedures, including safety principles and the philosophy behind operating regulations.
Knowledge of the risks associated with railway operations and the various means to be deployed to control them, and the procedures related to them.
Knowledge of the principles governing one or more modes of railway operations and related procedures.
Knowledge of trains, components and technical requirements for motor vehicles, cars, cars and the rest of the rolling stock and related procedures.
The program does not include accurate knowledge of the various procedures related to different types of equipment or operating modes. It corresponds to the general bases and the principles of knowledge that will allow the driver to acquire all of these procedures through a specialized technical training issued for obtaining certificates.
A N N E X E I V
PROFESSIONAL CONNAISSANCES
RELATIVES TO ROULANT MATERIAL
1. Tests and checks required prior to departure
The driver must be capable of:
- to gather the necessary documentation and equipment;
― verifying the capabilities of the engine machine;
• verify the information recorded in the documents on board the engine machine;
- to ensure, by performing the required tests and checks, 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 trip;
– 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 organs;
- safety equipment;
- fuel tanks, fuel supply devices, exhaust bodies;
- the marking device, which is inside and outside the rolling stock, including symbols used for the carriage of dangerous goods;
- the recording systems of the journeys;
- electrical and pneumatic systems;
- the current capture organs and high voltage equipment;
- means of communication (radio ground-train, etc.);
– the organization of the journeys;
- the components of the rolling stock, their role and the devices specific to the towed material, including the train stopping system by placing the brake pipe at the atmosphere;
― braking organs;
- the elements specific to the engines;
– the traction chain, motors and transmissions.
3. Brake tests
The driver must be capable of:
- to check and calculate, before departure, if the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents;
∙ verify the operation of the various parts of the braking device of the engine and train, if any, before any motion, when running and during walking.
4. Type of walking and train speed
according to the characteristics of the line
The driver must be capable of:
― to learn of the information transmitted to it before departure;
– to determine the type of step and the speed limit of the train according to parameters such as speed limitations, weather conditions or any change in the signalling.
5. Mastering the conduct of the train
not to degrade facilities or rolling stock
The driver must be capable of:
- to use all of the control devices that are 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 be attentive to unusual events concerning the conduct of the train;
― be able to inspect the train and identify signs of anomalies, 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 operating accidents,
fires and accidents affecting people
The driver shall:
– be able to take protective and alert measures in the event of an accident affecting people on board the train;
• be able to determine whether the train carries dangerous substances and to recognize 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. Resumption conditions
after a rolling stock incident
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.
A N N E X E V
PROFESSIONAL CONNAISSANCES
ON INFRASTRUCTURES
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 the characteristics of the line
The driver must be capable of:
― to learn about the information transmitted to it, such as speed limitations or any change in signalling;
– to determine the type of step and the limit speed 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 (road changes, traffic in one direction, etc.);
― the verification of the route and the consultation of the corresponding documents;
– the determination of the ways 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 signal between different operating or power systems;
– the limit speeds for the different categories of trains driven by the driver;
– topographic profiles;
- specific braking conditions such as those applicable to high-graded lines;
― operating features: signals, special panels, 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 starting signal, opening of 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 safely drive the train, 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 respect 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;
- to 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, track approaches, other equipment in circulation;
- to assess the distance from crossing 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 infrastructure, ensuring the safety of traffic and people, or taking measures to guarantee it, as necessary.
7. Incidents and operating 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, useful 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.
A N N E X E V I
TABLE ON COMMUNICATION
TRAIN CONDUCTOR
| 5 | Can adapt its way of speaking according to the interlocutor May advance an opinion Can negotiate Can convince May give advice |
| 4 | Can face totally unforeseen situations Can make assumptions May express an opinion supported by arguments |
| 3 | Can face practical situations with an unforeseen element Can make a description May participate in a simple conversation |
| 2 | Can face simple practical situations Can ask questions Can answer questions |
| 1 | Can speak using phrases learned by heart |
A N N E X E V I
CAHIER DES CHARGES RELATIF À L'AGRÉMENT DES ORGANISMES DE FORMATION ET D'ÉVALUATION ET DES ORGANISMES CHARGÉS DES CONSIDERS
1. Common principles
Organizations must have personnel and equipment, including computer facilities and systems, in line with their missions. They must ensure that trainers and reviewers have the appropriate means to carry out their missions.
2. Requirements for training organizations
and assessment referred to in section 31
The means are specified from the following information:
- the nature, number and duration of initial and ongoing training and planned evaluation actions;
- number of trainees planned by training and number of candidates expected by evaluation;
― place and annual forecast schedule of training and evaluation tests;
― list of trainers and assessors with copies of their diplomas and/or certificates attesting to their professional experience and justifying the training activity in the subjects taught or evaluator for the knowledge evaluated;
― capacity to accommodate consistent with the number of trainees or candidates expected, duration of sessions and nature of training and evaluations;
- equipment and railway facilities used, including simulators, suitable for planned training and evaluations;
- access to railway equipment and facilities for the installation (road equipment, infrastructure equipment, list of associated facilities, etc.);
· teaching methods and teaching materials used with the list of reference documents and professional documents provided to trainees;
― evaluation methods in the course of training.
3. Specific requirements for review bodies
referred to in Article 19
3.1. Material requirements
The organization must justify technical means to ensure the test set out in section 18 under conditions ensuring the security of information systems.
3.2. Organization requirements
In order to guarantee confidentiality, the person responsible for the examinations decides on the subject of the examination on general professional knowledge, sets the date of the examination, ensures the sending of the summons and delivers the certificates of success.
The review correction evaluator must be impartial and must inform the person responsible for the examinations of any relationship with the person being assessed. The person responsible for the examinations shall take the necessary measures to prevent any discriminatory situation for the candidate.
Done in Paris, August 6, 2010.
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
For the Minister and by delegation:
The Director
Transport services,
P. Vieu
Secretary of State
Transport Officer
For the Secretary of State and by delegation:
The Director
Transport services,
P. Vieu
