Advanced Search

Order Fom/2520/2006 Of 27 July, Which Determines The Conditions For Obtaining Titles And Qualifications That Enable The Exercise Of The Functions Of The Railway Workers Regarding Safety, As Well As The Regime Of L...

Original Language Title: Orden FOM/2520/2006, de 27 de julio, por la que se determinan las condiciones para la obtención de títulos y habilitaciones que permiten el ejercicio de las funciones del personal ferroviario relacionadas con la seguridad, así como el régimen de l...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

INDEX

Title I. General provisions.

Article 1. Object.

Article 2. Staff affected by this order.

Article 3. Title and ratings required to perform functions related to safety in the movement in the railway field.

Article 4. Approved training centres.

Article 5. Approved medical recognition centres.

Title II. Circulation staff.

Article 6. General principles.

Article 7. Enablement types.

Article 8. Conditions for access to the training that allows the obtaining of the circulation ratings.

Article 9. Obtaining the ratings.

Article 10. Validity of the ratings.

Article 11. Suspension and revocation of the ratings.

Title III. Infrastructure staff.

Article 12. General principles.

Article 13. Enablement types.

Article 14. Conditions for accessing the training that allows for infrastructure enablement.

Article 15. Obtaining the ratings.

Article 16. Validity of the ratings.

Article 17. Suspension and revocation of the ratings.

Title IV. Train operations staff.

Article 18. General principles.

Article 19. Enablement types.

Article 20. Conditions for access to training that allows for the procurement of train operations.

Article 21. Obtaining the ratings.

Article 22. Validity of the ratings.

Article 23. Suspension and revocation of the ratings.

Title V. Driving personnel.

Chapter I General Regime.

Article 24. General principles.

Chapter II. Title or driving licence of railway vehicles.

Article 25. The title or driving licence of railway vehicles.

Article 26. Conditions for access to training that allows for the title of driving of railway vehicles.

Article 27. Training programmes.

Article 28. Assessment tests.

Article 29. Obtaining the driving titles of railway vehicles.

Article 30. Validity of the driving titles of railway vehicles.

Article 31. Suspension and revocation of driving licences for railway vehicles.

Article 32. Format and specifications of the driving titles of railway vehicles.

Chapter III. Driving ratings.

Article 33. General Principles.

Article 34. Enablement types.

Article 35. Conditions for access to the training that allows for the obtaining of the driving ratings.

Article 36. Obtaining the ratings.

Article 37. Validity of the ratings.

Article 38. Suspension and revocation of the ratings.

Title VI. Technical staff responsible for the maintenance of railway rolling stock.

Article 39. General principles.

Article 40. Enabling the technical responsible for maintenance of railway rolling stock.

Article 41. Conditions for access to the training enabling the provision of technical responsibility for the maintenance of rolling stock.

Article 42. Obtaining the enablement.

Article 43. Validity of the enablement.

Article 44. Suspension and revocation of the enablement.

Title VII. The security officer in the circulation.

Article 45. Conditions required of the safety officer in the movement.

Title VIII. Approved railway staff training centres.

Chapter I. General Regime.

Article 46. Concept and scope.

Article 47. Functions.

Article 48. System of operation in the field of driving licences.

Article 49. System of operation in the field of railway personnel ratings.

Article 50. Obligations of approved training centres.

Article 51. Call for examinations and their examiners.

Article 52. Inspection regime.

Chapter II. Approval scheme for training centres.

Article 53. Requirements for approval.

Article 54. Criteria for assessing professional competence and technical capacity.

Article 55. Criteria for assessing financial capacity and coverage of civil liability.

Article 56. Approval procedure.

Article 57. Validity of the approval.

Article 58. Suspension and revocation of approval.

Title IX. Approved medical examination centres for railway personnel.

Chapter I. General Regime.

Article 59. Concept and scope.

Article 60. Functions.

Article 61. Evidence of assessment of psycho-physical fitness.

Article 62. Issue of certificates.

Article 63. Validity of the certificates.

Article 64. Obligations of the medical recognition centre.

Article 65. Inspection regime.

Chapter II. Approval scheme for medical recognition centres.

Article 66. Requirements for approval.

Article 67. Criteria for assessing professional competence and technical capacity.

Article 68. Criteria for assessing financial capacity and coverage of civil liability.

Article 69. Approval procedure.

Article 70. Validity of the approval.

Article 71. Suspension and revocation of approval.

Additional disposition first. Titles for the driving of railway vehicles and ratings of qualified railway personnel who had been exercising their duties prior to the entry into force of the Railway Sector Law.

Additional provision second. Application to the staff of the Railway Infrastructure Manager, who is active in the connections of the Network of General Interest with other networks.

Additional provision third. Approval of the training centres of the National Network of Spanish Railways.

Additional provision fourth. Approval of the medical recognition centres of the National Network of Spanish Railways.

Additional provision fifth. Controls for the detection of alcohol consumption and analytical indications of drug use of abuse and psychoactive substances.

Additional provision sixth. Right of accreditation of railway staff.

First transient disposition. Railway personnel authorised since the entry into force of the Railway Sector Law and until the entry into force of this order.

Second transient disposition. Validation of the RENFE staff of the minimum academic level requirements for access to training for qualifications and qualifications.

Transitional provision third. Access to the driving titles of personnel belonging to other railway undertakings other than RENFE-Operator.

Transitional disposition fourth. Authorisation of the training programmes of RENFE-Operadora and the Railway Infrastructure Manager.

Transient disposition fifth. Provision of the train staff training service by RENFE-Operadora and by the Railway Infrastructure Manager.

Transitional disposition sixth. Access to the physical fitness tests for railway staff of companies other than RENFE-Operadora and the Railway Infrastructure Manager.

Transitional disposition seventh. Regime applicable to railway personnel providing their services to the business public entity Railway of Via Narrow (FEVE).

Transient disposition octave. Regime applicable to staff of additional, complementary and ancillary service providers.

transient disposition ninth. Special conditions for Safety Officers in the movement of licensed railway undertakings before the entry into force of this Order.

Single repeal provision.

Final disposition first. Authorization to the General Directorate of Railways.

Final disposition second. Entry into force.

Annex I. Minimum contents of the training programmes for obtaining the driving title.

Annex II. Content of the practical tests to obtain the title of driving of railway vehicles.

Annex III. Conditions of psycho-physical capacity for the certification of the fitness rating of the movement staff.

Annex IV. Conditions of psycho-physical capacity for the certification of the aptitude assessment of the infrastructure staff.

Annex V. Conditions of psycho-physical capacity for certification of fitness assessment of train operations personnel.

Annex VI. Conditions of psycho-physical capacity for certification of fitness assessment of driving personnel.

Article 60.1 of Law 39/2003, of 17 November, of the Railway Sector, provides that the staff who provide their services in the railway sector will have to have a qualification that allows them to carry out their functions with due guarantees of safety and efficiency. For its part, paragraph 2 of this Article provides that an order of the Ministry of Public Works shall be that which determines the conditions and conditions for obtaining the title and the qualifications necessary for carrying out the duties. (a) safety in the railway sector, as well as the system of authorisation and operation of the centres for the training of such staff.

This order seeks to develop the content of this legal precept in order to guarantee the appropriate safety parameters in the provision of railway services. To do this, the order is structured in nine Titles that are divided, in turn, into Chapters.

Title I regulates the scope of this order and the general regime applicable to railway personnel and centers for their training and assessment of their physical fitness.

Title II covers the arrangements applicable to the ratings of staff in circulation, Title III determines the arrangements applicable to the ratings for infrastructure staff and Title IV includes the scheme applicable to the ratings of train operations personnel.

In all of the above cases, specific reference is made to all types, to the minimum requirements that are required, and to how to access them, as well as their validity and suspension or revocation.

Title V establishes regulation on driving personnel. This title is divided into three chapters, respectively, concerning the establishment of the general scheme applicable to staff carrying out driving duties, the title or driving licence of railway vehicles and the driving ratings required for the performance of his/her duties.

Title VI includes the regime applicable to the ratings for personnel responsible for the maintenance of railway rolling stock.

Title VII, for its part, lays down the minimum conditions and requirements to be met by anyone who holds the duties of a security officer in the movement within the railway entities.

Finally, Title VIII regulates all aspects relating to the approval of railway staff training centres and Title IX establishes the type-approval system for the medical examination centres responsible for the training of railway personnel. assessment of the psycho-physical fitness of such staff.

In addition, this order incorporates seven additional provisions, nine transients, one repeal and one final disposition.

Finally, the text is supplemented by six annexes which set out, respectively, the minimum contents of the training programmes for obtaining the title of driving of railway vehicles, that of the practical tests for the obtaining of the title of driving of railway vehicles, the conditions of psycho-physical capacity for the certification of the fitness of the movement staff, the conditions of psycho-physical capacity for the certification of valuation The capacity conditions of the infrastructure staff, the capacity conditions psycho-physical for the certification of the fitness rating of the train operations staff and the conditions of psycho-physical capacity for the certification of fitness assessment of the driving personnel.

In the handling of this order have been heard the railway companies, the Railway Infrastructure Manager, the most representative trade unions of the sector, the National Council of Land Transports and the Council Economic and Social.

In its virtue, with the prior approval of the Minister of Public Administrations and in agreement with the State Council, I have:

TITLE I

General provisions

Article 1. Object.

This order has the object:

1. The establishment of the conditions, requirements and procedure for obtaining the title, also called a license, and the necessary ratings for the performance of the functions related to the safety in the circulation in the field of the Railway Network of General Interest.

2. The regulation, exclusively, of the professional competences linked to the railway activity, which are obtained by sufficient qualification that allows the provision of the railway service with the due guarantees of safety and efficiency, not being the object of the establishment of the bases that define a job classification and professional that affect the workers who develop the activity in the railway sector.

3. The establishment of the conditions and requirements of the system of authorisation and operation of the training centres for personnel carrying out safety functions in the field of rail traffic.

4. The establishment of the conditions and requirements of the authorisation and functioning arrangements for medical recognition centres trained to assess the psycho-physical fitness of such staff.

Article 2. Affected personnel.

1. For the purposes of this order, it is established for staff who, in the field of rail transport, are to carry out safety-related functions in the movement, on the basis of their professional qualifications, the following groups of activity:

a) Circulation personnel.

b) Infrastructure personnel.

c) Train operations personnel.

d) Driving personnel.

e) Technical responsible personnel for maintenance of rolling stock.

2. The activity of the movement staff includes, inter alia, the performance of the management and control functions, including the regulation, of the rail traffic system.

3. The activity of the infrastructure staff covers the exercise, inter alia, of the functions of maintenance, control, operation of infrastructure vehicles and the monitoring of safety in the railway traffic during the performance of the works on the railway infrastructure.

4. The activity of the train's operations staff consists in the performance of functions which ensure the safety of the operations necessary for the movement of trains, such as the formation of trains or the handling and conditioning of trains. the load on them.

5. The activity of the driving personnel or drivers consists, fundamentally, in the management and driving of the Railway Network of General Interest of railway tractor units, either conventional or automotive.

6. The activity of the personnel responsible for the maintenance of rolling stock consists of issuing the accreditations that all the operations and operations carried out on the corresponding railway vehicle have been carried out, as the quality plan of the approved rolling stock maintenance centre and on its behalf.

Article 3. Title and ratings required to perform functions related to safety in the movement in the railway field.

1. In order to carry out tasks relating to the safety of rail traffic, the staff to be carried out must have the appropriate qualifications and, where appropriate, a title, all in force, in accordance with the provisions of this Directive. order:

(a) The movement personnel must obtain the corresponding rating granted by the Railway Infrastructure Manager, in the form set out in Title II.

(b) The infrastructure staff shall obtain the appropriate rating given by the Railway Infrastructure Manager in the form set out in Title III.

(c) The train's operations staff shall require an entitlement granted either by the railway undertaking for which it provides its services, or, where appropriate, by the Railway Infrastructure Manager, in accordance with the provided for in Title IV.

(d) Driving personnel or drivers must have, for the performance of their duties, a driving licence issued by the Directorate-General for Railways and the corresponding ratings, with in accordance with the provisions of Title V, by the railway undertaking or by the Railway Infrastructure Manager, in each case, to own personnel.

e) Technical personnel responsible for the maintenance of rolling stock shall require, for the performance of their duties, an entitlement granted by the director of the approved maintenance centre for rolling stock railway, in accordance with the provisions of Title VI.

2. In order to obtain and maintain the validity of the driving licences for railway vehicles or any of the ratings, as well as for the exercise of the powers conferred on them by those documents, their holders must have obtained, in advance, and renew, where appropriate, the corresponding certificate of psycho-physical fitness, as provided for in this order.

3. The Directorate-General of Railways, the Railway Infrastructure Manager and the railway undertakings, as well as the directors of the approved railway rolling stock maintenance centres, may limit, within their their powers, the effectiveness of the titles and ratings which they respectively grant, suspend them cautiously and, where appropriate, revoke them, after hearing the person concerned and by means of a reasoned decision, based on security duly accredited railway.

4. Railway undertakings and the Railway Infrastructure Manager shall communicate to the Directorate-General of Railways, for their respective entry in the Special Rail Register, the ratings they grant in accordance with provided for in this order, as well as any alteration of the order. Similarly, the approved railway rolling stock maintenance centres shall communicate to the Directorate-General of Railways and to the Railway Infrastructure Manager the ratings which are granted in accordance with the provisions of this Regulation. in Title VII, as well as any alteration occurring therefrom.

Article 4. Approved training centres.

1. The training centres of railway staff are intended to provide the theoretical and practical training necessary for the achievement of the title of driving of railway vehicles and, where appropriate, of the qualifications which are regulated in this order. For the exercise of this activity these centres must be approved by the Directorate-General of Railways.

2. The requirements to be met by the training centres and the procedure for their approval shall comply with the provisions of Title VIII.

Article 5. Approved medical recognition centres.

1. Medical examinations, understood, for the purposes of this order, as compulsory assessment tests for obtaining the certificate of psycho-physical fitness to obtain and retain the driving title and the regulated ratings In this order, they will be performed in medical recognition centers approved by the General Directorate of Railways.

2. The requirements to be met by these centres and the procedure for their approval shall comply with the provisions of Title IX.

TITLE II

Circulation personnel

Article 6. General principles.

1. The movement staff operating in the General Interest Railway Network must have an effective rating, granted in accordance with the provisions of this Title, by the Railway Infrastructure Manager, on a proposal from the responsible for the safety in the movement of the same.

2. It corresponds to the security officer in the circulation of the Railway Infrastructure Manager, within the framework of this order:

a) Determine the type and scope of the ratings for the circulation staff.

b) Check the applicant's compliance with the required minimum conditions for access to the training required to obtain the aforementioned ratings.

c) Determine the content of the training programs for obtaining and renewing such ratings.

d) Approve the proposal for the development of the training programmes and the evaluation tests to be submitted to it by the relevant training centre.

3. The Railway Infrastructure Manager shall inform the Directorate-General of Railways of the decisions taken in compliance with the provisions of the previous paragraph.

Article 7. Enablement types.

1. For the circulation staff, the following ratings are set, depending on the type of activity to be performed:

a) Responsible for circulation.

b) Circulation auxiliary.

2. The enabling of a person responsible for movement empowers the holder to direct the movement of trains and manoeuvres at a station or a set of stations in which a centralised traffic control system is operational, as well as for exercise all those functions which the existing railway safety rules in the movement assign to it, and in addition to carry out all the tasks for which it has the power to enable the movement auxiliary.

3. The right of movement of persons shall be entitled to the holder of the right of movement, in accordance with the orders of the person responsible for movement, to carry out certain tasks at the railway terminals and stations, such as the operation of needles and barriers to level steps, the carrying out of manoeuvres and other complementary tasks.

4. The Railway Infrastructure Manager, where it considers it necessary, may grant the right of movement aid to staff of other entities with the enabling title referred to in Article 40 of the Law of the Sector Railway for the provision of additional, complementary and ancillary services for the performance of any of the functions for which it is entitled, provided that such staff complies with the requirements laid down in this order for their procurement.

Article 8. Conditions for access to the training that allows the obtaining of the circulation ratings.

Anyone who wants to access training will be required to obtain the ratings, compliance with the following conditions:

a) Regarding the Enablement of Circulation Manager:

1. º Haber turned eighteen.

2. Dispose, at least, of the title of Bachiller or equivalent, or of a degree of Technician in Professional Training of Higher Degree or equivalent qualification, or count with the degree of Graduate in Secondary Education Mandatory or Equivalent qualification and credit, in this case, a professional experience of more than 4 years performing circulation auxiliary functions.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

b) Regarding the Circulation Auxiliary Enablement:

1. º Haber turned eighteen.

2. Contar with the degree of Undergraduate in Secondary Education Required or equivalent qualification.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

Article 9. Obtaining the ratings.

1. Obtaining any of the ratings provided for in this Title shall require the improvement of the relevant theoretical and practical tests which ensure a suitable level of training and knowledge to carry out the functions for which they are entitled, as well as for obtaining the certificate of psycho-physical fitness as laid down in Annex III, where the conditions of psycho-physical capacity for the certification of the suitability of the staff of the circulation.

2. The content of the training programmes for obtaining the right of movement by the person responsible for safety in the movement of the Railway Infrastructure Manager, corresponds to the approved centre of training with which the institution has agreed the training, the development of the training, establishing the hours of teaching and the typology and characteristics of the theoretical and practical tests to be overcome in accordance with the provisions of the provisions of the in the training programmes.

This development proposal shall be submitted to the safety officer in the circulation of the Railway Infrastructure Manager for approval, in accordance with the provisions of Article 6.

However, the training programmes shall, at least, collect the following:

(a) With regard to the enabling of a person responsible for movement: basic knowledge of the existing railway regulations, operating manuals, control techniques and integrated railway traffic management systems, the Signalling and communications systems, as well as knowledge on the prevention of occupational risks of the post itself.

(b) Regarding the enabling of circulation aid: basic knowledge of the existing railway regulations, operating manuals, safety systems and techniques in the movement and control, as well as knowledge on the prevention of occupational risks of the post itself.

3. The training required to obtain the ratings referred to in this Title shall be provided by a training centre of the Railway Infrastructure Manager or by another training centre, with which the institution agrees. approved in accordance with the provisions of Title VIII.

4. The certification of psycho-physical fitness shall be obtained from an approved medical examination centre in accordance with the provisions of Title IX.

5. The Railway Infrastructure Manager will establish the design, format and content of the document that formalizes the granting of the ratings. This document will contain at least the following information:

a) Identification of the safety officer in the circulation of the Railway Infrastructure Manager.

b) Name, last name and recent photograph of the holder.

c) Date of birth.

d) Number of the National Identity, Passport or Card of Residence and nationality document.

e) Home to notification effect.

f) Enablement type and date of issue.

g) Date of completion of the last training recycling.

(h) Date of issue of the last certificate of psycho-physical fitness and time of validity of the certificate.

Article 10. Validity of the ratings.

1. The ratings shall be valid as long as their holders comply with the conditions required for their maintenance and do not incur any of the causes of suspension or revocation set out in the following Article.

2. By way of derogation from the above paragraph, at regular intervals and, at least every three years, and in any case where regulatory changes affecting the content of the rating are produced, the holders of the ratings shall follow a Course on updating and recycling theoretical and practical knowledge, the content and scope of which will be established by the Railway Infrastructure Manager.

3. Without prejudice to Article 63, in relation to the time limits for the validity of the physical fitness certificate, the movement staff shall, on the indication of their hierarchical superior, undergo additional psycho-physical examinations. when:

a) You have been involved in an accident or a traffic incident that could have resulted in an accident.

b) Obvious alterations of his physical or mental state shall be observed in the holder.

(c) You have been, for more than three months, in the case of sickness or accident, for more than three months; as well as after a serious or very serious accident at work.

Article 11. Suspension and revocation of the ratings.

1. For the purpose of ensuring safety in rail traffic and regardless of who is responsible for the event, the Railway Infrastructure Manager shall suspend the rating when:

(a) It is detected, in its holder, levels of alcohol in excess of those authorised or of analytical indications for the consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects.

(b) The update and recycling courses referred to in Article 10.2 have not been carried out in time and form.

c) An administrative infringement is committed in the terms provided for in Article 92 of the Railway Sector Act.

(d) The validity of the psycho-physical fitness certificate is not promptly renewed.

(e) The holder, in the course of his professional activity, refuses to undergo a control for the detection of alcohol consumption or of analytical indications of the use of drugs of abuse and psychoactive substances, carried out by authorized personnel to the effect, in accordance with the current regulations.

2. The holder may recover the validity of the suspended rating when:

a) Credit again your psycho-physical fitness in the case of cases 1.a) and 1.d) of the previous section.

b) Superb the appropriate refresher and refresher courses in the case of case 1.b) of the previous section.

(c) comply with the administrative penalty to which the offence committed, or its file is made in the case of cases 1.a) and 1.c) of the previous paragraph.

d) Translate three months from its refusal in the case of case 1.e) of the previous paragraph, after accreditation of its psycho-physical fitness.

3. The Railway Infrastructure Manager will revoke the rating when:

a) Exists an overcome loss, of the conditions required for obtaining it.

b) Your holder ceases to be active in the Railway Infrastructure Manager. In addition, in the case of a circulation auxiliary when the holder causes a low job in the company to which he belonged when he received the rating.

(c) The sanctioning procedure which, where appropriate, is derived from the suspension of the rating, is concluded in its final loss.

4. The procedure for suspension or, where appropriate, revocation of the rating shall be initiated by the Railway Infrastructure Manager, with an audience of the person concerned, and his decision shall be communicated in the cases of suspension and revocation, to the Special Railway Register and to the security officer in the movement of that entity.

5. The resolutions of the Railway Infrastructure Manager will exhaust the administrative route. It may be against the parties concerned to bring the replacement of the replacement, the maximum time limit for issuing and notifying the decision on that appeal for one month. After that time limit without any express resolution, the appeal shall be deemed to be deemed.

TITLE III

Infrastructure staff

Article 12. General principles.

1. The infrastructure staff carrying out functions relating to the safety of the movement shall have a rating in force, granted, in accordance with the provisions of this Title, by the Railway Infrastructure Manager, a proposal from the person responsible for the safety in the movement of the same.

2. It corresponds to the security officer in the circulation of the Railway Infrastructure Manager, within the framework of this order:

a) Determine the type and scope of the ratings for the infrastructure staff.

b) Check the applicant's compliance with the required minimum conditions for access to the training required to obtain the aforementioned ratings.

c) Determine the content of the training programs for obtaining and renewing such ratings.

(d) Approve the proposal for the development of the content of the training programmes and the assessment tests that the relevant training centre gives to it.

3. The Railway Infrastructure Manager shall communicate to the Directorate-General of Railways the decisions it takes in compliance with the provisions of the previous paragraph.

Article 13. Enablement types.

1. For the infrastructure staff, the following ratings are set, depending on the type of activity to be performed:

a) The job manager.

b) Safety pilot in circulation.

c) Infrastructure machinery operator.

2. The habilitation of works in charge gives the holder the right to carry out the duties corresponding to actions on the blocked track as laid down in the existing railway regulations on safety in the movement, control and, in his (a) to direct the work carried out in the railway infrastructure or in the vicinity of the railway infrastructure, in particular by controlling the safety pilots in the traffic, including the functions of infrastructure monitoring and the protection of the works on the same in relation to safety in the movement. The authorization shall specify, where appropriate, the functions corresponding to the actions in question, which may be, inter alia, infrastructure and road, electrification, signalling, telecommunications or any other that may be establish the General Directorate of Railways on the proposal of the Railway Infrastructure Manager.

3. The authorisation of a safety pilot in the movement empowers the holder to carry out the functions of infrastructure surveillance and protection of the work on the infrastructure in relation to safety in the railway movement, as well as the monitoring of level steps.

4. The enabling of the infrastructure machinery operator empowers its holder for the displacement, handling and guidance of auxiliary rolling stock specifically enabled to perform work on the railway infrastructure, including, Among other things, road machinery, relief vehicles and motor vehicles adapted to run on the tracks. In any case, for the driving of such auxiliary rail vehicles by non-exclusive line sections for infrastructure work, the holder of this rating shall be required to be in possession of the category A driving title. in Title V.

5. The Railway Infrastructure Manager, when deemed necessary, may grant the ratings set out in this article for security pilot in the circulation and for infrastructure machinery operator, to other personnel entities for the performance of any of the functions covered by these ratings, provided that such staff meets the requirements for obtaining them.

The job manager enablement will be granted to the staff of the Railway Infrastructure Manager.

Article 14. Conditions for accessing the training that allows for infrastructure enablement.

Anyone who wants to access training will be required to obtain the ratings, compliance with the following conditions:

a) Haber turned eighteen.

(b) For the purpose of enabling the safety pilot in the movement, at least have the degree of Undergraduate in compulsory secondary education or equivalent qualification. For the purposes of the qualifications of the person responsible for the work and the operator of the infrastructure machinery, provision must be made at least of the title of Bachiller or equivalent, or of a diploma of specialist in vocational training of a degree or degree equivalent.

c) And, for those interested who do not have Spanish nationality, accredit a sufficient knowledge of the Spanish through the overcoming of the corresponding test of assessment of the level of knowledge of the mentioned language that must be such to enable communication in a safe and effective manner with all its partners in the rail system.

Article 15. Obtaining the ratings.

1. Obtaining any of the ratings provided for in this Title will require the improvement of the relevant theoretical and practical tests that ensure a level of training and knowledge appropriate to perform the functions for those who have the authority, as well as the obtaining of the psycho-physical fitness certificate, as set out in Annex IV, where the conditions of psycho-physical capacity for the certification of the fitness of the infrastructure staff are contained.

2. The content of the training programmes for obtaining the infrastructure ratings by the safety officer in the circulation of the Railway Infrastructure Manager, corresponds to the approved centre of the training with which the institution has agreed the training, the development of the training, establishing the hours of teaching and the typology and characteristics of the theoretical and practical tests to be overcome in accordance with the provisions of the provisions of the in the training programmes.

This development proposal shall be submitted to the safety officer in the circulation of the Railway Infrastructure Manager for approval in accordance with the provisions of Article 12.

However, at least the theoretical training to be determined in order to obtain any infrastructure ratings must ensure sufficient knowledge of the existing railway regulations in respect of the safety in circulation.

In addition, without prejudice to the provisions of the preceding paragraph, the training programme to be determined for the purpose of obtaining the enabling of infrastructure machinery operator shall include at least one reading load. equivalent of 150 hours, of which 30 shall correspond to a practical training and of these at least 20 shall be used for the handling of auxiliary rolling stock. However, where category A driving title is available, this equivalent reading load shall be 100 hours, of which 20 shall correspond to a practical training. In any event, the training for obtaining this rating shall include at least the knowledge of the part corresponding to the infrastructure machinery operator, the operating manuals and the General Circulation Regulation, physical and technical characteristics of the railway infrastructure of the various operational areas on which it is to carry out its activity, theoretical knowledge of the general characteristics of the rolling stock of infrastructure and adaptation to the vehicle with which it will operate, along with the practices on track and real management in the as well as training in the prevention of occupational risks of the post itself.

3. The training required to obtain the ratings referred to in this Title shall be provided by a training centre of the Railway Infrastructure Manager, or by another training centre with which this entity is appropriate, both approved in accordance with the provisions of Title VIII.

4. The certification of psycho-physical fitness shall be obtained from an approved medical examination centre in accordance with the provisions of Title IX.

5. The design, format and content of the document that formalizes the granting of the ratings will be established by the Railway Infrastructure Manager. This document will contain at least the following information:

a) Identification of the safety officer in the circulation of the Railway Infrastructure Manager.

b) Name, last name and recent photograph of the holder.

c) Date of birth.

(d) Number of national identity card, passport or residence card number and nationality.

e) Home to notification effect.

f) Enablement type and date of issue.

g) Date of completion of the last training recycling.

(h) Date of issue of the last certificate of psycho-physical fitness and time of validity of the certificate.

Article 16. Validity of the ratings.

1. The ratings shall be valid as long as their holders comply with the conditions required for their maintenance and do not incur any of the causes of suspension or revocation set out in the following Article.

2. By way of derogation from the above paragraph, on a regular basis and at least every three years, and in any case where regulatory changes affecting the content of the habilitation occur, the holders of the ratings shall follow a Course on updating and recycling theoretical and practical knowledge, the content and scope of which will be established by the Railway Infrastructure Manager.

3. Without prejudice to Article 63 of that order, in respect of the time limits for the validity of the certificate of physical fitness, the infrastructure staff shall, on the indication of their hierarchical superior, submit to the additional psychophysicists when:

a) You have been involved in an accident or a traffic incident that could have resulted in an accident.

b) Obvious alterations of his physical or mental state shall be observed in the holder.

(c) You have been, for more than three months, in the case of sickness or accident, for more than three months; as well as after a serious or very serious accident at work.

Article 17. Suspension and revocation of the ratings.

1. For the purpose of ensuring safety in rail traffic and regardless of who is responsible for the event, the Railway Infrastructure Manager shall suspend the rating when:

(a) It is detected, in its holder, levels of alcohol in excess of those authorised or of analytical indications for the consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects.

(b) The update and recycling courses referred to in Article 16.2 have not been carried out in time and form.

c) An administrative infringement is committed in the terms provided for in Article 92 of the Railway Sector Act.

(d) The validity of the psycho-physical fitness certificate is not promptly renewed.

(e) The holder, in the course of his professional activity, refuses to undergo a control for the detection of alcohol consumption or of analytical indications of the use of drugs of abuse and psychoactive substances, carried out by authorized personnel to the effect, in accordance with the current regulations.

2. The holder may recover the validity of the suspended rating when:

a) Credit again your psycho-physical fitness in the case of cases 1.a) and 1.d) of the previous section.

b) Superb the appropriate refresher and refresher courses in the case of case 1.b) of the previous section.

c) comply with the administrative penalty to which the offence committed has occurred, or its file in the case of cases 1.a) and 1.c) of the previous paragraph.

d) Translate three months from its refusal in the case of case 1.e) of the previous paragraph, after accreditation of its psycho-physical fitness.

3. The Railway Infrastructure Manager will revoke the rating when:

a) Exists a loss of the conditions required for obtaining it.

(b) Your holder ceases to be active in the Railway Infrastructure Manager, or, where appropriate, causes low employment in the company to which he belonged when he received the rating.

(c) The sanctioning procedure which, where applicable, is derived from the suspension of the rating, is concluded in the final loss of the rating.

4. The procedure for suspension or, where applicable, revocation of the rating shall be initiated by the Railway Infrastructure Manager, with an audience of the person concerned, and his decision shall be communicated, in the case of suspension or revocation, the Special Rail Register and the security officer in the circulation of that entity.

5. The resolutions of the Railway Infrastructure Manager will exhaust the administrative route. It may be against the parties concerned to bring the replacement of the replacement, the maximum time limit for issuing and notifying the decision on that appeal for one month. After that time limit without any express resolution, the appeal shall be deemed to be deemed.

TITLE IV

Train operations personnel

Article 18. General principles.

1. The staff of train operations, of any train running through the General Interest Railway Network, shall have, for the performance of their duties, the relevant rating in force granted by the railway undertaking for which they are responsible. such staff provide their services, whether their own or foreign, on a proposal from the person responsible for the safety in the movement of such services.

Also, the Railway Infrastructure Manager to exercise the functions of this inherent in its own activity and which need the relevant enablement, may grant, on a proposal from the security officer in the movement of such an entity, the enabling of train operations to own personnel or other entities.

2. It is up to the security officers in the circulation within the framework of this order:

a) Determine the type and scope of the ratings for train operations personnel.

b) Check the applicant's compliance with the required minimum conditions for access to the training required to obtain the aforementioned ratings.

c) Determine the content of the training programs for obtaining and renewing such ratings.

(d) Approve the proposal for the development of the content of the training programmes and the assessment tests that the relevant training centre gives to it.

3. Railway undertakings and, where appropriate, the Railway Infrastructure Manager, shall communicate to the Directorate-General of Railways the decisions they take in compliance with the provisions of the previous paragraph.

Article 19. Enablement types.

1. For train operations staff, the following ratings are established, depending on the type of activity to be performed:

a) Train operations auxiliary.

b) Charger.

c) A manoeuvring vehicle operator.

2. The operation of the train operating aid shall entitle the holder to carry out, inter alia, the coupling, uncoupling and coupling of railway vehicles, to assist in the performance of braking tests and to carry out the placement. and the withdrawal of the queue signals. It may also carry out, at the orders of the person responsible for circulation, and when it has the required training and thus include in its rating, all the operations carried out by the holding of manoeuvres, except for the handling of the vehicles of manoeuvres.

3. The loader rating empowers the holder to direct and perform the loading and unloading of the goods carried by rail, including the conditioning of the load and its attachment to the material towed.

4. The rating of the operator of the manoeuvring vehicles gives its holder the power to carry out-within the limit of the so-called zone of manoeuvres of the goods terminals and stations belonging to the Railway Network of General Interest, which establishes the current railway safety regulations in the area of traffic safety, the movement and management of railway vehicles through their tracks, in operations associated with the activities of manoeuvres, classification, and withdrawal or supply of rolling stock to particular derivations, technical treatment centres or centres of maintenance of railway equipment. In any event, where in the handling of the relevant vehicles it is necessary to exit to traffic routes, the holder of this rating must be in possession of the category A driving title regulated in Title V.

Article 20. Conditions for access to training that allows for the procurement of train operations.

Anyone who wants to access training will be required to obtain the ratings, compliance with the following conditions:

(a) With regard to the operations of train and operator vehicle operators:

1. º Haber turned eighteen.

2. Dispose, at least, the degree of Undergraduate in Secondary Education or equivalent qualification.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

b) Regarding loader enablement:

1. º Haber turned eighteen.

2. º Credit, at least, an academic level of Primary Studies.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

Article 21. Obtaining the ratings.

1. Obtaining the ratings provided for in this Title will require the improvement of the relevant theoretical and practical tests that ensure a level of training and knowledge appropriate to perform the functions for which they are entitled to obtain the certificate of psycho-physical fitness as set out in Annex V, where the conditions of psycho-physical capacity for the certification of the fitness of the train's staff are collected.

2. The content of the training programmes for obtaining the training of train operations by those responsible for safety in the movement of railway undertakings or the Railway Infrastructure Manager, it is up to the approved training centres with which these institutions have agreed to train their respective staff, to develop them, to establish the hours of teaching and the typology and characteristics of the tests. theoretical and practical skills which must be overcome, and must be ensured in the training which determines, sufficient knowledge of the existing rail safety regulations in the area of traffic safety.

This development proposal must be presented to the person responsible for the safety in the circulation of railway companies or the Railway Infrastructure Manager for approval, in accordance with the provisions of the in Article 18.

However, the training programme to be drawn up in order to be able to obtain an operator's rating for manoeuvres shall include at least a 100-hour equivalent reading load, of which 80 They shall correspond to practical training and, at least, 40 shall be used for the management of railway vehicles within the terminal. However, where category A driving title is available, it shall be 60 hours, of which 40 shall correspond to practical training, and of these twenty to driving with the railway vehicle to be operated. In any event, the training for obtaining this rating shall at least include knowledge of the part corresponding to the operator of the manoeuvres, the operating manuals and other existing railway regulations, physical and technical characteristics of the railway terminal and the operational area on which it is to carry out its activity, theoretical knowledge of the general characteristics of the rolling stock of manoeuvres and adaptation to the vehicle with which it is to operate, in conjunction with the practices in use and real management in the same, as well as training in prevention of occupational risks of the post itself.

3. The training required to obtain the ratings referred to in this Title shall be provided by the training centres of the railway undertakings and, where appropriate, by the Railway Infrastructure Manager or by other centres of training with which these entities agree, all of which are approved in accordance with Title VIII.

4. The certification of psycho-physical fitness shall be obtained from an approved medical examination centre in accordance with the provisions of Title IX of this order.

5. The design, format and content of the document that formalizes the granting of the train operations ratings shall be established by the entity competent for its granting. However, this document shall contain at least the following information:

a) The name of the entity that grants the enablement with identification of the security officer in the circulation that the signature.

b) Name, last name and recent photograph of the holder.

c) Date of birth.

(d) Number of national identity card, passport or residence card number and nationality.

e) Home to notification effect.

f) Enablement type and date of issue.

g) Date of completion of the last training recycling.

(h) Date of issue of the last certificate of psycho-physical fitness and time of validity of the certificate.

Article 22. Validity of the ratings.

1. The ratings shall be valid as long as their holders comply with the conditions required for their maintenance and do not incur any of the causes of suspension or revocation set out in the following Article.

2. By way of derogation from the above paragraph, on a regular basis and at least every three years, and in any case where regulatory changes affecting the content of the rating are produced, the holders shall follow an update course. and recycling of theoretical and practical knowledge, the content and scope of which shall be established by the granting entities.

3. Without prejudice to Article 63, in relation to the time limits for the validity of the certificate of physical fitness, the staff of the train's operations shall, on the indication of their hierarchical superior, undergo psycho-physical examinations. additional when:

a) You have been involved in an accident or a traffic incident that could have resulted in an accident.

b) Obvious alterations of his physical or mental state shall be observed in the holder.

(c) You have been, for more than three months, the effective exercise of functions related to the operation of trains for more than three months; as well as after a serious or very serious work accident.

Article 23. Suspension and revocation of the ratings.

1. The ratings will be suspended when:

(a) It is detected, in its holder, levels of alcohol in excess of those authorised or of analytical indications for the consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects.

(b) The refresher and recycling courses referred to in Article 22.2 have not been carried out in time and form.

c) An administrative infringement is committed in the terms provided for in Article 92 of the Railway Sector Act.

(d) The validity of the psycho-physical fitness certificate is not promptly renewed.

(e) The holder, in the course of his professional activity, refuses to undergo a control for the detection of alcohol consumption or of analytical indications of the use of drugs of abuse and psychoactive substances, carried out by authorized personnel to the effect, in accordance with the current regulations.

2. The holder may recover the validity of the suspended rating when:

a) Credit again your psycho-physical fitness in the case of cases 1.a) and 1.d) of the previous section.

(b) comply with the sanction to which the offence committed has occurred, or where appropriate to your file in the case of cases 1.a) and 1.c) of the previous paragraph.

c) Superb the appropriate refresher and refresher courses in the case of case 1.b) of the previous section.

d) Translate three months from its refusal in the case of case 1.e) of the previous paragraph, after accreditation of its psycho-physical fitness.

3. Enablement will be revoked when:

a) Exists an overcome loss, of the conditions required for obtaining it.

b) Your holder ceases the activity with the entity from which you received the enablement.

(c) The sanctioning procedure which, where appropriate, is derived from the suspension of the rating, is concluded with its final loss.

4. The resolution resulting from the suspension procedure or, where appropriate, revocation of the rating shall be communicated, in the case of suspension or revocation, to the Special Railway Register and the security officer in the circulation of the entity. that would have granted that enablement.

TITLE V

Driving personnel

CHAPTER I

General Regime

Article 24. General principles.

1. Driving personnel or drivers operating on the General Interest Railway Network shall, in accordance with the provisions of the following Articles, provide for a certificate, or a licence, for the conduct of railway and road vehicles. corresponding driving ratings that empower you to perform the functions that are your own, all of them in effect.

2. The title, or license, of driving shall be granted by the Director General of Railways, as provided for in Chapter II of this Title.

3. The driving ratings shall be granted, in accordance with the provisions of Chapter III of this Title, and on the proposal of their respective persons responsible for safety in the movement, by the railway undertaking or, by the Administrator Railway infrastructure, which will grant them, in this case, to perform the provision of rail transport services which are inherent in the entity's own activity; in both cases they will be granted exclusively for their own personnel.

CHAPTER II

Railway vehicle driving license or title

Article 25. The title or driving licence of railway vehicles.

1. The title or driving licence of railway vehicles is a document which certifies the fulfilment of all the requirements necessary to carry out the duties referred to in paragraphs 3 and 4 of this Article and is a necessary condition for power obtain the driving ratings referred to in this Title.

2. Depending on the activities for which they are responsible for and the degree of responsibility they carry, the title or driving licence of railway vehicles may be of category A or category B.

3. The driving title of category A rail vehicles, provided that it is supplemented by the appropriate ratings, the driving of: manoeuvring vehicles; working trains at a maximum speed of 60 km/h and at a maximum distance of 100 km from the base to the work area and vice versa; auxiliary rail vehicles used for the maintenance and construction of the railway infrastructure; and locomotives when they are used for manoeuvring.

4. The driving title of category B rail vehicles allows, provided that it is supplemented by the proper driving ratings, the operation and handling of all types of railway vehicles on any railway line the Railway Network of General Interest. It also has the power to perform the functions covered by the category A driving title.

5. Obtaining a driving title for rail vehicles requires:

a) Reunite the minimum access conditions set in the following article.

(b) Overcome training programmes which are provided in an approved training centre in accordance with the provisions of Title VIII.

c) Overcome the relevant theoretical and practical tests, as provided for in Article 28 of this order.

d) Obtain the certificate of psycho-physical fitness regulated in Annex VI, in which the conditions of psycho-physical capacity for the certification of the suitability of the driving personnel are collected.

Article 26. Conditions for access to training that allows for the title of driving of railway vehicles.

To access the training that allows obtaining the title of driving of railway vehicles will be required the fulfilment of the following conditions:

(a) With regard to the title of driving of category A rail vehicles:

1. º Haber turned eighteen.

2. Having, at least, the title of Bachiller or equivalent, or a degree of Professional Training Technician of the Middle Grade or equivalent degree.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

(b) In respect of the driving title of category B rail vehicles:

1. º Haber turned eighteen.

2. Having the title of Bachiller or equivalent, or a degree of Professional Training Technician of Higher Degree or equivalent qualification or, when lacking this academic level, being in possession of the driving title of category A and have performed, in this case, the functions covered by this title for at least two years.

3. and, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the aforementioned language which must be such as to enable communication in a safe and effective manner with all its partners in the rail system.

Article 27. Training programmes.

1. The training required to obtain the driving licences for railway vehicles referred to in this Chapter shall be provided in training centres approved in accordance with the provisions of Title VIII.

2. In order to obtain the corresponding authorisation of the training programmes, the approved training centres shall propose to the Directorate-General of Railways a list of contents for which they intend to provide. In these programmes, at least the materials and tests listed in Annexes I and II shall be developed and, in particular, the scope and content of the railway vehicle driving title shall be specified in accordance with the category of the driving title of railway vehicles. such materials.

The duration of the training programme for the achievement of the driving title of category A rail vehicles shall include at least one reading load equivalent to four hundred and twenty-five hours, of which at least: One hundred and twenty hours shall correspond to practical training and, at least, 40 hours shall be effective driving practices in railway vehicles.

The duration of the training programme for the achievement of the driving title of category B rail vehicles shall include at least one reading load equivalent to one thousand one hundred and fifty hours, of which at least: Five hundred shall correspond to the practical training and, at least, two hundred shall be effective driving practices in railway vehicles.

3. Holders of a driving title of category A rail vehicles may obtain the driving title of category B rail vehicles provided they exceed a specific training course or bridge course which gives them the right to drive a category A rail vehicle. qualification required to access the said title. However, those holders of the category A driving title which are not entitled to a Bachelor's degree or equivalent, or of a degree of Technical Training in the Middle Grade, or equivalent qualification, shall have an experience prior to the exercise of his or her duties of at least two years before being able to access the course.

4. The duration of the programme for the training of the bridge course for the achievement of the driving title of category B railway vehicles shall include at least one reading load equivalent to seven hundred and twenty-five hours, of which at least: Three hundred and eighty hours shall correspond to the practical training and of this, at least one hundred and sixty hours shall be effective driving practices in railway vehicles.

5. Driving practices to obtain the driving title of category A or B rail vehicles may only be initiated once the training centre concerned has verified that the applicants for the respective titles are entitled to with sufficient initial theoretical training to perform them safely. For the purposes of carrying out actual driving practices for the purpose of obtaining the driving licences for railway vehicles, approved training centres may conclude agreements with the railway undertakings and the Administrator. Railway Infrastructure.

Article 28. Assessment tests.

1. The applicant to obtain any of the titles of railway vehicles provided for in this order must demonstrate a level of theoretical and practical knowledge appropriate to the functions he intends to perform, for which there will be to exceed the relevant assessment tests carried out by the Directorate-General of Railways.

Prior to the realization of the referred tests for the obtaining of the titles of driving of railway vehicles of category A and B, the aspirants will have to present to the General Direction of the Railways (a) a certificate of psycho-physical fitness as laid down in Annex VI, of conditions of psycho-physical capacity for certification of the assessment of the suitability of driving personnel, to be issued, in accordance with the provisions of Title IX, by a approved centre of medical recognition within two months prior to the date of completion of the the assessment tests.

2. The Directorate-General of Railways shall convene the evaluation tests, reporting on the relevant call for the format, type, scope, content and evaluation criteria of those tests.

3. For the purpose of carrying out the assessment tests, the Directorate-General for Railways shall appoint, on the basis of the principles of competence and impartiality, an examination tribunal composed of experts qualified for their professional experience and knowledge, which will be responsible for the supervision, control and evaluation of applicants. The chair of the said court shall be an official of the Directorate-General of Railways.

4. The circulations necessary for the conduct of the examinations the Administrator of Railway Infrastructures shall be carried out in tranches and of the hours that establish such entity. Such circulations shall not be applicable to any fees for the use of the infrastructure.

Article 29. Obtaining the driving titles of railway vehicles.

1. Once the assessment tests have been carried out, the Directorate-General for Railways shall inform the applicants, within a maximum of one month from the date on which they were made, of the results of the tests, giving, where appropriate, the corresponding driving licences for railway vehicles within 30 days of the date of communication of those results. The person concerned shall be notified of the decision to grant his/her corresponding title within the maximum period of 30 days from the date of that decision.

2. The Directorate-General of Railways shall register in the Railway Special Register the driving titles of railway vehicles which it grants.

Article 30. Validity of the driving titles of railway vehicles.

1. The driving licences for railway vehicles shall be valid for as long as the holder does not incur any of the causes of suspension or revocation referred to in the following Article and the certificate of physical fitness is maintained, Annex VI, conditions of psycho-physical capacity for the certification of the assessment of the suitability of the driving personnel.

2. By way of derogation from the above paragraph, the General Directorate of Railways shall require holders of a driving licence for railway vehicles to carry out, every three years, refresher courses and retraining courses. theoretical and practical knowledge. In any case, these courses should be carried out when technological innovations or regulatory changes occur which, in the opinion of the General Directorate of Railways, are of a substantial nature.

Article 31. Suspension and revocation of driving licences for railway vehicles.

1. For the purpose of ensuring safety in rail traffic and irrespective of who is responsible for the event, the Directorate-General of Railways shall suspend a driving licence for railway vehicles when:

(a) The update and recycling courses referred to in Article 30.2 have not been carried out in time and form.

(b) An administrative infringement is committed under the terms of Article 92 of the Railway Sector Law.

c) The validity of the psycho-physical fitness certificate is not renewed.

2. The holder may recover the validity of the suspended title when, respectively:

a) Superb timely refresher and refresher courses.

b) Comply with the sanction to which the offence committed, or the file is made.

c) Credit again your psycho-physical fitness.

3. The Directorate-General of Railways will revoke a driving title for railway vehicles when:

a) Exists a loss of the conditions required for obtaining it.

b) It is derived from a sanctioning procedure that, if applicable, concludes in the final loss of the same.

(c) In accordance with Article 38, it has been the subject of revocation of the rating, as it has detected, in its holder, levels of alcohol in excess of the authorized or analytical indications of consumption of narcotic drugs, psychotropic or any other substances producing similar effects, a minimum of twice over a period of five years.

4. The procedure for suspension, or where appropriate, the revocation of the title of driving of railway vehicles shall be initiated by the Directorate-General of Railways, either on its own initiative or at the request of the Railway Infrastructure Manager or the a railway undertaking in which the person concerned provides his services, giving the person a hearing to the latter in order to make the arguments which he considers relevant within the maximum period of 15 days from the start of the procedure. The Directorate-General of Railways shall issue a resolution within the following 15 days, which shall be entered in the Special Railway Register and, where appropriate, shall be communicated to the security officer in the circulation of the entity for which the affected by the railway activity.

5. The resolution of the General Directorate of Railways will not exhaust the administrative route, and may be brought against the same appeal. The maximum period for issuing and notifying the decision on the appeal shall be three months. After that time limit without any express resolution, the appeal shall be deemed to be deemed.

Article 32. Format and specifications of the driving titles of railway vehicles.

1. The format of the document that formalizes the granting of a driving title of railway vehicles will be established by the Directorate General of Railways. The document shall contain at least the following information:

a) Category of the driving title of railway vehicles.

b) Title registration number in the Special Rail Register.

c) Name, last name and recent photograph of the holder.

d) Number of national identity card, passport or residence card.

e) Nationality.

f) Date of birth.

g) Home to notification effect.

h) Signature of the issuing officer of the title and the date of issue.

i) Signature of the holder.

j) Seal of the General Directorate of Railways.

2. The date of issue of the last psycho-physical fitness certificate and its period of validity, as well as the date on which the last training was carried out, shall also be entered. However, such data may be included in a document annexed to the title of driving of railway vehicles as set out by the Directorate-General for Railways.

CHAPTER III

Driving Enabled

Article 33. General principles.

1. Driving personnel or drivers must be provided for the exercise of their functions as:

a) A driving title for railway vehicles.

b) The driving rating by class of material corresponding to the one with which you are performing your activity.

(c) The infrastructure driving rating for the railway line or infrastructure in which it is to provide its services.

2. The driving licences shall be granted on a proposal from their respective security officers in the movement, by railway undertakings or, where appropriate, by the Railway Infrastructure Manager, to their own staff. entities, which has a driving title in force and has received the necessary training for the performance of the relevant activity.

3. The driving ratings shall be valid only in the framework of the existence of a working relationship between the holder of the same and the entity that enables them.

4. It is up to those responsible for safety in the movement of railway undertakings and, where appropriate, that of the Railway Infrastructure Manager, within the framework of this order:

a) Determine the type and scope of the driving ratings that they grant.

b) Check the candidate's compliance with the required minimum conditions for access to the training required to obtain the referred qualifications.

c) Determine the content of the training programs for obtaining and renewing such ratings.

(d) Approve the proposal for the development of the content of the training programmes, which must be such as to provide sufficient knowledge to overcome the tests set out in Article 36.2.

5. Decisions to be taken in compliance with the provisions of the previous paragraph shall be communicated to the Directorate-General of Railways.

Article 34. Enablement types.

1. The driving licences granted by the railway undertakings and, where appropriate, the Railway Infrastructure Manager, shall be of two types:

a) Enabling driving by class of material.

b) Enabling infrastructure driving.

2. The driving ratings by class of material entitle the holder to operate and manage the railway vehicle indicated in the rating, provided that the infrastructure rating is available for the vehicle for which it is is going to operate.

3. The infrastructure driving ratings entitles the holder to drive through the itinerary or operating environment that is collected in the course of his or her own rating, provided that the material is available for the user who is going to use.

Article 35. Conditions for access to the training that allows for the obtaining of the driving ratings.

It will be conditions for access to the training required by a driving rating, in addition to those provided for in Article 26, to be integrated into the staff template of the entity to which the enablement.

Article 36. Obtaining the ratings.

1. The procurement of driving licences shall require the improvement of the relevant theoretical and practical tests which ensure a suitable level of training and knowledge to perform the functions for which they are entitled.

However, no driving ratings may be granted to those personnel who do not have a driving title in force.

2. The hours of teaching, the typology, the characteristics of the theoretical and practical tests, as well as the duration of the exercises and the corresponding evaluation tests shall be established by the approved training centres, at the request of the railway undertakings or the Railway Infrastructure Manager, in accordance with the training programme referred to in Article 33.4. In any case, the training programmes must comply with the following minima: 80 hours of reading load for the type of driving licence per class of material, and thirty hours of reading for the driving licence. infrastructure.

Theoretical tests and evaluation practices will contain at least the following aspects:

a) For material class enablement:

1. º Tests and verifications prescribed before the train departure.

2. Knowledge of the rolling stock.

3. º Train braking tests.

4. Type of gear and maximum train speed depending on the characteristics of the line.

5. Domain of train driving not to degrade facilities or material.

6. º Failures.

7. Incidents and accidents involving exploitation, fires and accidents with victims.

8. March Resumption Conditions after an incident affecting the material.

9. Inmobilization of the train.

b) For infrastructure enablement:

1. º Train braking tests.

2. º Type of gear and maximum train speed depending on the characteristics of the line.

3. Line Knowledge of the line.

4. Safety Regulations.

5. Train Driving.

6. º Failures.

7. Incidents and accidents involving exploitation, fires and accidents with victims.

3. The training required to obtain the ratings referred to in this Title shall be provided by the training centres of the railway undertakings and, where appropriate, by the Railway Infrastructure Manager or by other centres of training with which these entities agree, all of which are approved in accordance with Title VIII.

4. The document that formalizes the granting of the driving ratings shall contain at least the following information:

a) The name of the entity that grants the enablement with identification of the security officer in the circulation that the signature.

b) Name and surname of the holder.

(c) Number of national identity card, passport or residence card number and nationality.

d) Enablement type and date of issue.

e) Date of completion of the last training recycling of this enablement. Registration number of the title in the Special Railway Register.

5. The General Directorate of Railways shall establish the format and design of these ratings.

Article 37. Validity of the ratings.

1. The period of validity of the ratings shall be subject to the renewal arrangements established by the entities granting them.

2. By way of derogation from the above paragraph, the ratings shall, in any event, be valid when:

a) The holder of the enablement causes low labor in the entity that enabled it.

(b) The driving title of the holder is suspended or revoked, in accordance with the provisions of Article 31.

3. Any system of renewal of the ratings shall include a course of updating and recycling of theoretical and practical knowledge with the periodicity and content of the entity issuing them.

4. Without prejudice to Article 63 of that order, in respect of the time limits for the validity of the certificate of physical fitness, any holder of an authorisation shall, on the indication of his hierarchical superior, submit to the additional psychophysicists when:

a) You have been involved in an accident or a traffic incident that may have resulted in an accident.

b) Obvious alterations of his physical or mental state shall be observed in the holder.

(c) You have been, for more than three months, in the exercise of the driving tasks of railway vehicles, for sickness or accident, as well as after a serious or very serious accident at work.

Article 38. Suspension and revocation of the ratings.

1. For the purpose of ensuring safety in rail traffic and regardless of who is responsible for the event, the rating shall be suspended when:

(a) In its holder, levels of alcohol are detected in excess of the authorised or analytical evidence of consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects.

(b) The update and recycling courses referred to in Article 37.3 have not been carried out in time and form.

c) An administrative infringement is committed in the terms provided for in Article 92 of the Railway Sector Act.

(d) The holder, in the course of his professional activity, refuses to undergo a control for the detection of alcohol consumption or of analytical indications for the consumption of drugs of abuse and psychoactive substances, carried out by authorized personnel to the effect, in accordance with the current regulations.

2. The holder may recover the validity of the suspended rating when:

a) Credit again your physical fitness, in the case of cases 1.a) and 1.d), of the previous section.

b) Superb the appropriate refresher and refresher courses, in case of case 1.b) of the previous section.

(c) comply with the administrative penalty to which the offence has occurred, or where appropriate, in the case of cases 1.a) and 1.c) of the previous paragraph.

d) Translate three months after its refusal in the case of case (1) (d) of the previous paragraph, after accreditation of its psycho-physical fitness.

3. The resolution resulting from the suspension procedure or, where appropriate, revocation of the rating shall be communicated, in the case of suspension and revocation, to the Special Railway Register and the security officer in the circulation of the entity. that would have granted the enablement.

TITLE VI

Technical responsible for the maintenance of railway rolling stock

Article 39. General principles.

1. The technical staff responsible for the maintenance of railway rolling stock operating in the General Interest Railway Network shall have an enabling effect granted by the director of the approved material maintenance centre. railway rolling stock where it provides its services, in accordance with the provisions of this Title.

The ratings to be issued must be consistent with the types of maintenance intervention for which the aforementioned maintenance centre is enabled in accordance with the requirements of the Ministry of Public Works for the approval of the conditions for the approval of railway rolling stock and maintenance centres and the amounts of the certification fee for such equipment are fixed.

2. In the framework of this order, it is for the director of the approved rolling stock maintenance centre, which must have a minimum professional experience of three years in the performance of functions related to manufacturing, the maintenance or repair of railway rolling stock:

(a) Determine the scope of the ratings for personnel responsible for the maintenance of railway rolling stock.

b) Check the candidate's compliance with the required minimum conditions for access to the training required to obtain the referred qualifications.

c) Determine the content of the training programs for obtaining and renewing such ratings.

(d) Approve the proposal for the development of the content of the training programmes and the assessment tests that the relevant training centre gives to it.

3. The approved rolling stock maintenance centre shall inform the Directorate-General of Railways and the Railway Infrastructure Manager of the decisions to be taken in compliance with the provisions of the previous paragraph.

Article 40. Enabling the technical responsible for maintenance of railway rolling stock.

1. For the staff responsible for the maintenance of railway rolling stock, a rating is established, which may be related to one or more types of railway vehicles and to one or more types of interventions.

2. The authorisation shall entitle the holder to issue, on behalf of the maintenance centre, the certification that all the operations and operations carried out on the railway vehicle have been carried out in accordance with the technical and security of your maintenance plan and in accordance with the quality plan of the mentioned centre.

3. The Director of an approved railway rolling stock maintenance centre may grant the rating provided for in this Article to staff of other undertakings, provided that he provides his services for the same and meets the requirements required for procurement.

Article 41. Conditions for access to the training enabling the provision of technical responsibility for the maintenance of rolling stock.

Anyone who wants to access training will be required to obtain the technical responsibility for the maintenance of rolling stock, the following conditions:

a) Haber turned eighteen.

(b) To provide at least the degree of the Technical Training Technician of the Middle Grade relating to the areas of maintenance of railway vehicles (mechanics, electricity, electronics, etc.); or vocational training equivalent in the maintenance of other means of transport and, in this case, prove a minimum experience of two years in carrying out maintenance work on railway vehicles.

Alternatively, when the academic level referred to above is not available, at least the Professional Certification of having passed the Programs of Professional Initiation or equivalent professional qualification must be counted to establish a minimum experience of five years in the performance of maintenance work on railway vehicles.

c) And, for those interested who do not have Spanish nationality, credit a sufficient knowledge of the Spanish through the improvement of the corresponding test of assessment of the level of knowledge of the mentioned language.

Article 42. Obtaining the enablement.

1. Obtaining the enablement that is regulated in this Title will require the overcoming of the corresponding theoretical and practical tests that ensure a level of training and knowledge appropriate to perform the functions for which they empower.

2. The content of the training programmes for obtaining the qualifications of the technical officer responsible for the maintenance of railway rolling stock by the director of the maintenance centre corresponds to the approved centre of training with which the institution has agreed the training, the development of the training, establishing the hours of teaching and the typology and characteristics of the theoretical and practical tests to be overcome in accordance with the provisions of the provisions of the in the training programmes.

This development proposal shall be submitted to the director of the maintenance centre for approval in accordance with Article 39.

However, the training programmes shall, at least, collect the following:

(a) Knowledge of railway vehicles ' safety systems and organs (traction, shock, braking, etc.), of the maintenance protocols, technical and safety standards referred to in the programmes and plans of maintenance of the different railway vehicles, for the implementation of the different interventions corresponding to the type of vehicle to which the rating relates.

b) Knowledge of quality plans that govern the maintenance center.

c) Knowledge in the field of occupational risk prevention.

3. The training required to obtain the qualification referred to in this Title shall be provided by the approved training centres in accordance with the provisions of Title VIII.

4. The design, format and content of the document which formalizes the granting of technical responsibility for the maintenance of railway rolling stock shall be established by the director of the approved centre of maintenance. This document will contain at least the following information:

a) The name of the entity that grants the enablement, with the identification of the director of the maintenance center that the signature.

b) Name, last name and recent photograph of the holder.

c) Date of birth.

(d) Number of the national identity card, passport or residence card and nationality.

e) Home to notification effect.

f) Types of vehicles and maintenance interventions for which it is enabled and date of issue.

g) Date of completion of the last training recycling.

Article 43. Validity of the enablement.

1. The technical responsibility for the maintenance of railway rolling stock shall be valid as long as the holder does not incur any of the causes of suspension or revocation set out in the following Article.

2. By way of derogation from the above paragraph, on a regular basis and at least every three years, and in any case where regulatory changes affecting the content of the rating occur, the holder of the rating shall follow a course updating and recycling of theoretical and practical knowledge, the content and scope of which shall be established by the approved maintenance centre.

Article 44. Suspension and revocation of the enablement.

1. For the purpose of ensuring safety in rail traffic and regardless of who is responsible for the event, an entitlement shall be suspended when:

a) Do not perform maintenance in accordance with approved standards and procedures or do not comply with the obligations for which you are enabled and have been entrusted to you by the organization.

(b) The refresher and recycling courses referred to in Article 43.2 have not been carried out in time and form.

2. The holder may recover the validity of the rating when, respectively:

a) Meet the penalty imposed by the maintenance center that has resulted in the violation committed, or your file is applicable.

b) Overcome timely refresher and refresher courses.

3. For the purpose of ensuring safety in rail traffic and regardless of who is responsible for the event, the rating shall be revoked when:

(a) The sanctioning procedure which, where appropriate, is derived from the suspension of the technical responsibility for the maintenance of railway rolling stock, is concluded at the definitive loss, by its holder, of the enablement.

b) Your holder ceases the work activity with the entity from which you received the enablement.

4. The resolution resulting from the suspension procedure or, where appropriate, revocation of the rating shall be communicated to the Directorate-General of Railways and to the Railway Infrastructure Manager.

TITLE VII

The security officer in the circulation

Article 45. Conditions required of the safety officer in the movement.

1. In accordance with Articles 68, 105 and 133.6 of the Railway Sector Regulation, approved by Royal Decree 2387/2004 of 30 December 2004, and in accordance with the provisions of this order, railway undertakings must have a responsibility for the safety in the movement. Also, in accordance with this order, the Railway Infrastructure Manager must also have a security officer in the circulation.

2. The person responsible for the safety in the movement must have a university degree and a minimum experience of four years in the performance of duties related to the management of the safety in the circulation of any transport systems, or with the management of rail traffic, or with the driving of railway vehicles.

3. Within the framework of this order, it is up to those responsible for the safety in the circulation of railway undertakings and to the Railway Infrastructure Manager:

a) Take responsibility for how many matters are related to safeguarding safety in the circulation.

b) Determine the type and scope of the railway personnel ratings contemplated in this order.

c) Check compliance by applicants for the required minimum conditions to access the training required to obtain the above mentioned ratings.

d) Determine the content of the training programs for obtaining and renewing the ratings.

e) Approve the proposal for the development of the content of the training programmes and the evaluation tests that the relevant training centre will provide to it.

f) Propose the granting and, where applicable, suspension and revocation of the corresponding ratings, as established in this order.

TITLE VIII

Approved railway staff training centres

CHAPTER I

General Regime

Article 46. Concept and scope.

1. For the purposes of this order, the approved training centres for railway staff are organisations which are designed to provide the training necessary for the procurement and maintenance of railway vehicle driving licences, either of the various classes of railway personnel ratings in terms of this order, or both.

2. For the performance of the tasks referred to in the following Article, any training centre shall be duly approved in accordance with the provisions of this Title.

3. The General Directorate of Railways for each of the cases referred to in paragraph 1 shall grant the relevant approval.

4. In order to adjust the theoretical training of the candidates concerned, the approved training centres for railway staff are authorised to carry out validation of the theoretical burden of the relevant programmes of the training, by means of a reasoned decision, in the light of the training knowledge provided by those. Such training may be accredited, inter alia, by the accreditation referred to in the sixth provision, as well as with the title or rating in force.

Article 47. Functions.

1. For the purposes of this Title, they are functions of the approved training centres, as the case may be, the following:

a) Imparting the training of railway personnel to obtain the driving titles and regulated ratings in this order.

b) the development of training programmes for the purpose of obtaining the ratings set out in this order, on the basis of the content established by the security officers in the movement or, where appropriate, by the director of the maintenance centre, and the definition of the relevant assessment tests for obtaining them.

(c) The conduct of theoretical and practical tests for obtaining the ratings established in this order, as set out in this Title.

d) Performing specific refresher and refresher courses of knowledge, provided for in this order.

e) Propose, in the case of driving titles, a list of content to be provided, as set out in Article 27.

2. The approved training centres shall cooperate with the Directorate-General of Railways, at the request of the latter, in the supervisory tasks required by them.

3. The approved training centres may establish teaching agreements with each other, with the railway undertakings or with the Railway Infrastructure Manager, for the use of the facilities and their materials and equipment, content, in any case, to the General Directorate of Railways.

Article 48. System of operation in the field of driving licences.

1. The approved training centres shall propose to the General Directorate of Railways the approval of the content of the training programmes they intend to provide, referred to in Title V, three months before the start of the teaching activity.

The programs should contain a picture of activities related to the different subjects, both theoretical and practical, indicating the times of dedication to each one of them. They shall also provide for the conduct of driving practices, including practices in the form of a simulator.

The General Directorate of Railways will decide on whether or not to accept the proposal and may impose modifications on the programmes. If there is no resolution within two months of the date of submission of the proposal, it shall be deemed to have been accepted.

2. Each approved training centre may propose to the Directorate-General for Railways changes in the training programmes where it considers it beneficial for a better training of applicants, following the pattern set out by the Previous section.

3. Each approved training centre shall carry out at least the calls for training courses which, as a general rule, establish the Directorate-General for Railways. In the calls for training, a centre will be provided with the following:

(a) The number of seats available, which shall, at least, coincide with the number shown in the teaching project submitted for approval.

(b) The requirements required to access the course as set out in Article 26.

(c) The deadline for making the application for admission and registration.

(d) The amounts to be satisfied by the tuition at the training centre, which shall cover the training and performance of the assessment tests. The corresponding amounts shall be authorised for each academic year and year by the Directorate-General of Railways.

The call must occur at least three months before the start of each training course.

Approved training centres will receive tuition applications by ordering them in a rigorous order of presentation and will be obliged to admit as applicants all applicants who meet the required requirements, until the authorised capacity is exhausted, per course, to each centre, by the Directorate-General of Railways, and without it being able to exceed it unless expressly authorised by the latter.

However, the provisions of this paragraph shall not oblige the approved training centres belonging to public enterprise entities.

4. In order to meet the obligations imposed by this order, approved training centres will have to schedule specific refresher and refresher courses of knowledge, as well as theoretical and practical tests. The programmes and content of the tests must be approved by the Directorate-General for Railways.

5. The Directorate-General for Railways, for duly justified extraordinary causes, whether for technological innovations or for regulatory changes, may impose on approved training centres which have sufficient capacity, the programming of additional training courses.

Article 49. System of operation in the field of railway personnel ratings.

1. The training required to obtain the ratings referred to in this order shall be provided by a training centre belonging to the granting institution or by another foreign training centre with which the institution agrees. approved in accordance with the provisions of this Title.

2. The contents of the training programmes for the purpose of obtaining the train, infrastructure and train operations shall be determined, in each case, by the person responsible for the safety in the movement of the granting entities. the same. On the basis of this content, the approved training centre shall propose the development of such programmes, establishing the hours of teaching and the typology and characteristics of the theoretical and practical tests to be completed. Such development shall be approved by the security officer in the circulation of the granting entities.

In the case of the technical responsibility for the maintenance of railway rolling stock, it shall be the director of the approved maintenance centre who determines the content of the training programmes and who approves them. the proposal for the development of the same, drawn up by the approved training centre.

The content of the training programs for obtaining the driving ratings will be determined, in each case, by the security officer in the circulation of the granting entities. In addition, the safety officer in the movement of such entities shall approve the development of the training programmes, which shall provide sufficient knowledge to overcome the relevant evidence.

3. In compliance with this order, the approved training centres will be able to schedule refresher courses and retraining courses.

4. Approved training centres shall be responsible for the provision of the content of the training programmes, as well as for the conduct of the theoretical and practical assessment tests.

Article 50. Obligations of approved training centres.

1. The training centres which have been approved shall be required to keep, for a period of five years, the files for each course, with them at the disposal of the Directorate-General of Railways, of public entities. (a) business and railway undertakings and, where applicable, rolling stock maintenance centres, with which they lay down conventions.

2. It shall also refer to the Special Railway Register, information on the data relating to that Register of pupils who have a driving title who have exceeded the level of knowledge required in the course of updating and recycling referred to in Article 30.2.

Article 51. Call for examinations and their examiners.

1. In each call for assessment tests for the achievement of the driving title, as provided for in Article 28.3, the General Directorate of Railways shall define the content of the tests on theoretical and practical knowledge, respecting the minimum content set out in Annexes I and II to this order, indicating their duration, the number of questions or exercises to be carried out and the criteria for their qualification.

The Directorate-General of Railways shall appoint, in order to examine applicants for driving titles, an examiner's court in accordance with Article 28.3.

In order to carry out the examinations, those approved centres which provide the training required to obtain the driving title, shall be obliged to make available to the Directorate-General of Railways the means materials and humans and to provide the necessary collaboration, provided that they are required.

2. The calls for the award of ratings will be restricted to the scope and procedures that have been agreed, as the case may be, by the Railway Infrastructure Manager, the railway undertakings or the maintenance of rolling stock, with approved training centres. The same agreements shall govern, where appropriate, to define the content of the examination tests, the choice of examiners and the qualification criteria.

Article 52. Inspection regime.

1. Approved centres for the training of railway personnel whose approval and operation arrangements are established in this Title shall be inspected by the Directorate-General for Railways in all operations linked to the staff training for the different titles and ratings set out in this order. For this purpose, it may count on the collaboration of the entities which, for that purpose, determines.

2. Such centres shall provide the Directorate-General of Railways with information related to the training of the trainees as a result of the inspection activities.

3. The inspection and control work shall ensure that the centres maintain the level of training corresponding to the level required for approval.

CHAPTER II

Approval scheme for training centres

Article 53. Requirements for approval.

1. It is for the Directorate-General of the Railways to authorise, by means of the relevant type-approval, the training centres, in accordance with the procedure laid down in this Chapter.

2. For approval, compliance with the following requirements shall be required:

(a) Revestir, if it is not integrated into the organisation of a business public entity or is not part of a railway undertaking, the form of a commercial company.

b) Credit sufficient professional competence and technical competence.

c) Contar with financial capacity to meet your obligations.

d) Having cover for civil liability that may be enforceable.

e) Dispose of an internal statute that incorporates its operating system, the evaluation and control procedures of the students, the qualifications regime, and any other rules that are necessary for a better development of your activity.

3. The applicant centres shall not be approved for any of the following cases:

(a) Those punished for very serious administrative offences provided for in the commercial and teaching legislation, within five years of the imposition of the sanction.

(b) Punished or convicted, by way of judgment or final judgment, for very serious infringements committed in the field of teaching legislation or for serious or repeated infringement of the obligations arising from the rules social or labour laws, in particular the legislation on safety and health at work, within five years of the adoption of the resolution on penalties.

c) Those who are not aware of the tax obligations, as well as their obligations to Social Security.

(d) Those training centres or entities to which they belong, whose managers or members of their management staff suffer or have suffered, in or outside Spain, have been declared to be in custody; insolvency, disabled or suspended in order to pursue a charge of administration in companies or sanctioned or convicted by judgment or judgment of the commission of the offences referred to in the preceding letters up to that their criminal liability is completely extinguished.

Article 54. Criteria for assessing professional competence and technical capacity.

The requirements for professional competence and technical competence shall be met when the centre has:

a) An appropriate business structure to offer the training that you intend to impart with the due level of quality, which will be credited with:

1. A teaching project for the set of activities to be developed.

2. A quality training plan to ensure the quality of the training provided.

3. A responsible as the director of the center, with professional experience in the field of training and with a university degree or equivalent.

(b) suitably trained and sufficiently trained teaching staff to carry out the activity for which approval is sought. This staff should include:

1. At least one person, who is responsible, among the instructor staff, for the theoretical training, who must have at least one degree of university diploma or equivalent, and accredit a sufficient professional and teaching experience in subjects which compose the training.

2. A person responsible, among the instructor staff, for practical training, who in the case of a driving licence, must be in possession of a driving licence in force, of equal or higher status to the class of title whose course is to be taken Provide the centre with an experience of professional driving skills of at least four years.

3. A person responsible, among the instructor staff, for practical training, which in the case of driving licences, in addition to the provisions of the previous paragraph, must be in possession of the relevant entitlements in force which are they are to be provided, either as infrastructure and, where appropriate, as material.

4. A person responsible, among the instructor staff, for the practical training for the remainder of the qualifications referred to in this order, which must be in possession of the enabling effect of which he or she is to impart and accumulate and accumulate an experience of professional knowledge in the activities for which it is enabled at least four years.

(c) Means and, where appropriate, appropriate facilities and in sufficient numbers to carry out the activity for which approval is sought. The centre will be estimated to meet this requirement if it has:

1. Classrooms of theoretical classes, with an average surface area of three square meters per pupil, with the furniture and teaching means appropriate to the number of students and the courses and contents provided for in the teaching project.

2. Facilities for the performance of the practices, depending on the type of title or rating to be imparted. They shall be regarded as a practice facility, in the case of certificates and driving licences, the cabs of railway vehicles and the workshops where they are maintained. For all other ratings, stations, command posts, terminals, workshops and other railway installations where the activity for which the activity is intended to be carried out may be considered as a practice facility.

3. An appropriate file system for documentation relating to your staff, training programs, and the teaching activities you perform.

4. The centres must meet the conditions of habitability and safety required by the legislation in force.

(d) Agreements, where appropriate, with railway undertakings or with the Railway Infrastructure Manager for the performance of driving practices accompanied by a driver with a driving licence; and conveniently enabled.

Article 55. Criteria for assessing financial capacity and coverage of civil liability.

1. The financial capacity requirement shall be met if the entity applying for the approval has sufficient resources to deal with, at any time, the obligations it has incurred or may contract for a period of 12 months. months, to be counted from the grant of approval. It may be credited by the submission of an expert report or appropriate documents, issued by credit institutions or auditors.

2. For the purposes of the grant of type-approval, a training centre shall be understood to cover its civil liability arising from the activities of the training which it provides if at the time of making the application for approval it has a commitment to an insurance undertaking covering the risks arising from its activity.

However, that commitment will need to be formalized before you start the activity.

Article 56. Approval procedure.

1. The application for approval of a training centre, with the content provided for in Article 70.1 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, shall be addressed to the General direction of Railways and shall include formal assumption, by the applicant, of how many conditions and guarantees are established in this order.

2. The application for approval of a training centre shall be accompanied by the documentation referred to in this paragraph and from the other that the applicant understands that he may contribute to greater knowledge and a better assessment of his/her request, The following shall be attached at least:

(a) In the case of commercial companies, the writing of the constitution and, where applicable, of modification, entered in the Trade Register and in which its share capital is established at the time of the application.

(b) Supporting documentation of the legal personality of the petitioner and, where applicable, of the representative and the power with which he acts.

(c) A statement responsible for not being in any of the assumptions listed in Article 53.3, as soon as it is not possible to provide the corresponding certificates. Administrators or managers of undertakings applying for approval and having a foreign nationality must present a certificate issued by the competent authority of their country stating that no such certificate is available in any of the the assumptions expressed in that Article.

(d) An organization chart of the organizational structure of the company in which the principal responsible for the organization is included in the different areas of formation and copy of the internal statute of the center.

e) A teaching project of the training centre in which the teaching programmes of each course and subject are to be taught. The project will determine the type and average annual volume of the students to be attended and the faculty with which they will be counted.

(f) "Curriculum vitae" of those responsible for the direction of the centre and of the theoretical and practical training, indicating among other data, the titles and ratings with which they are provided.

g) "Curriculum vitae" of the rest of the instructor staff with which the center counts, indicating among other data, the titles and ratings with which they count.

(h) Copy, where appropriate, of agreements concluded with railway undertakings for the conduct of driving practices with an authorised driver, or to use their simulators and equipment.

i) Description of the facilities that the center will occupy, with its corresponding plans of detail and justified relationship of equipment and other material means to be available.

j) Job risk prevention plan for the exercise of your activity.

k) Indication of the systems with which it will communicate with the Directorate General of Railways, with the Railway Infrastructure Manager and, where appropriate, with the companies operating in the railway sector for whose workers perform some of the functions that correspond to you.

l) Documentation to demonstrate compliance with financial capacity requirements.

m) Documentation to demonstrate compliance with the liability coverage requirements.

In the event that any of the documents or the additional documentation provided for in this paragraph are required, the applicant shall have 15 days, from the date on which it takes place. the requirement, to present the documentation to be used to correct or complete the delivery together with the application. The failure to submit or submit the documentation within the prescribed period shall be sufficient grounds for the refusal of the application for approval.

3. The Directorate-General of Railways may, before making a decision, require the applicant to provide the information or clarifications which it considers appropriate on its application or on the documents accompanying it.

4. The Directorate-General for Railways shall inspect the training centre and, in the light of the inspection report and the other background, give a reasoned decision on the dossier, notifying within a maximum period of five months from the date of the date of submission of the application for approval, the resolution of the grant or the refusal of approval.

After the period provided for in the preceding paragraph without any express resolution, the application shall be deemed to be estimated.

5. Granted the approval, the centre shall meet the approval fee for training centres, as laid down in Article 69 of the Railway Sector Law.

6. The approval shall be granted initially for a period of three years and successive renewals for periods of five years. The Directorate-General of Railways shall register in the Special Railway Register the training centres which obtain the type-approval which empowers them to train the railway staff.

For the purpose of the renewal, the same system as for the type-approval shall apply, and the application shall be made, with the necessary prior notice, before the expiry of the validity of the approval in question.

7. The decision on the application for the approval of a training centre shall not exhaust the administrative route and may be brought by the persons concerned in front of it. The maximum period for issuing and notifying the decision on the appeal shall be three months. After that time limit, no express resolution shall be deemed to be deemed to be such an appeal.

Article 57. Validity of the approval.

1. The approval shall remain valid within its period of validity, while the training centre complies with the requirements laid down for its granting in this order.

The General Directorate of Railways may at any time verify compliance with the requirements of the above requirements.

2. The General Directorate of Railways may require the approved training centres to provide the information necessary to verify that the conditions justifying the grant of the approval are maintained.

3. In particular, the General Directorate of Railways shall carry out inspections of approved training centres:

(a) Where there are reasonable doubts as to possible non-compliance with the requirements that are required of them.

b) Randomly, at any time that you decide.

4. Without prejudice to the above paragraphs, all approved training centres are obliged to notify the Directorate-General of the Railways in advance of any changes in the matters on which they are referred. requires information in this order. They must also communicate, in advance, their plans concerning new teachings, as well as modifications in their material means.

In addition, they shall communicate within the maximum period of one month from the date of production, any variation affecting the data in the Training Centres Section of the Special Rail Register.

5. The Directorate-General of Railways may count for the performance of its tasks, with the collaboration of proven entities.

6. Where the Directorate-General of Railways finds that a training centre no longer meets the requirements which are required, it shall initiate the procedure for suspension, or, where appropriate, for revocation, of the type-approval to which it is required, set out in the following article.

Article 58. Suspension and revocation of approval.

1. The Directorate-General for Railways may give a reasoned suspension of the approval granted to a training centre. Such suspension shall be agreed upon when the non-compliance with any of the requirements for its granting is found and until the detected non-compliances are remedied.

2. The decision on the suspension of approval shall be immediately enforceable from notification to the person concerned and shall exhaust the administrative route and may be brought before the administrative-administrative jurisdiction.

3. The training centre may request the cancellation of the suspension, after the failure of the suspension has been remedied.

4. The Directorate-General for Railways shall revoke the approval of a training centre where the non-compliances which had caused the suspension of such approval would not have been adequately remedied within 12 months of the date of that the suspension was executed.

5. Both the suspension and the revocation of the approval of a training centre shall not give rise to any compensation in favour of the holder.

TITLE IX

Approved Centers for Medical Recognition of Rail Personnel

CHAPTER I

General Regime

Article 59. Concept and scope.

1. Approved medical examination centres, for the purposes of this order, are organisations responsible for certifying the physical fitness required for the procurement and maintenance of driving licences for railway vehicles. and, where appropriate, the ratings of railway personnel on the terms set out by the railway staff.

2. For the performance of the tasks referred to in the following Article, any medical examination centre shall be duly approved in accordance with the provisions of this Title.

In addition, such centres shall in any case have the corresponding authorisations granted by the competent health authorities.

Article 60. Functions.

1. It is for the approved medical examination centres, for the purposes of this order, to carry out the assessment tests for obtaining the certificate of psycho-physical fitness, as well as the issue of the certification of fitness psycho-physical for each case.

2. Medical examination centres shall cooperate with the Directorate-General of Railways, at the request of the latter, in the supervisory tasks required by them.

Article 61. Evidence of assessment of psycho-physical fitness.

1. The purpose of the tests for the assessment of psycho-physical capacity is to verify compliance with the requirements for the issue of the relevant certificate of fitness.

2. The tests for the assessment of psycho-physical capacity, periodic and additional, shall be in accordance with the conditions for the capacity of railway personnel, as appropriate, as provided for in Annexes III, IV, V and VI.

3. The person to be tested for psycho-physical evaluation shall contribute to the medical examination centre where he is to carry out the tests, a statement containing the data on his health, for the purposes of, where appropriate, verification by staff. medical doctor.

4. At the end of the physical fitness assessment tests, the centre shall carry out an assessment of the suitability of the applicant, and shall establish a report for cases where the suitability of the applicant is not the required or, where required, need to perform new tests within the time limit set.

5. The original forms with the results of the complementary tests carried out to the applicant, together with the aptitude report issued by the approved medical examination centre, shall be kept in their personal clinical file. Personal psycho-physical assessment files, which have been filed under the approved medical examination centre, shall be kept for a period of five years with the own personal data guarantees.

6. In the cases referred to in paragraph 4 of this Article, the capacity report shall be submitted to the applicant. In the remaining cases, this report shall be delivered upon request of the applicant to obtain the certificate of aptitude.

Article 62. Issue of certificates.

1. For the purpose of obtaining and preserving the driving title and the ratings referred to in this order, it shall be necessary to have a corresponding certificate of physical fitness.

2. After the completion and completion of the psycho-physical fitness tests, the approved medical examination centre shall deliver the certificate of psycho-physical fitness to the valued person.

3. The psycho-physical fitness certificate shall contain the following information:

a) Identification of the center where the recognition is practiced.

(b) The reference number, with the nomenclature indicated by the General Directorate of Railways, which will have a few digits to identify the medical centre, others for the recognition class, and other issuing orders for the center.

c) The type of certificate.

d) The full name of the person who gets it.

e) The number of the national identity card, passport, or residence card number of that person.

f) Nationality.

g) The date the recognition is practiced.

h) The limitations imposed on you.

i) Name of the evaluator, his signature, and number of collegian.

4. The issue of certificates of fitness shall be carried out by approved medical examination centres on the forms approved by the Directorate-General of Railways.

5. The amount to be satisfied, to the approved centre for medical examination, for obtaining the certificates of assessment of psycho-physical fitness for the purpose of obtaining the driving licences, shall be fixed by the Directorate-General for Railways periodically.

Article 63. Validity of the certificates.

1. The certificate of physical fitness shall be valid for a period of five years from the date of issue for persons of up to fifty years of age. From the age of 50 the period of validity will be reduced to three years and from the sixties to one. The ages referred to above shall be taken into account at the time of completion of the physical fitness tests.

2. The period of validity of the psycho-physical fitness certificate may be reduced by the corresponding approved medical examination centre, depending on the results of the tests carried out.

3. If the renewal of a psycho-physical fitness certificate is completed within 45 days prior to its expiry date, the validity of the new certificate shall be extended from the date of expiry of the previous certificate and for the period corresponding to the application as specified in the first paragraph.

Article 64. Obligations of the medical recognition centre.

1. Medical recognition centres which have been approved shall be required to keep the personal clinical records of each assessment for five years, making them available to the Directorate-General of Railways, to the institutions. public and railway undertakings with which they lay down conventions. All this, without prejudice to the enforcement of personal data protection legislation.

2. In the case of holders of a driving title, approved medical examination centres shall inform the Special Rail Register of the outcome of the additional psycho-physical assessment carried out in accordance with the provisions of this Regulation. Article 37.4.

3. Where the centres of medical recognition come to the conduct of the tests referred to in Articles 10, 16, 22 and 37, they shall communicate the result thereof, in addition to the person concerned, to the body or entity which has required.

Article 65. Inspection regime.

1. Medical examination centres for railway staff, whose approval and operation arrangements are established in this Title, shall be inspected by the Directorate-General for Railways in all operations linked to the assessment. of the psycho-physical capacity for the different titles and ratings set out in this order. For this purpose, it may count on the collaboration of the entities which, for that purpose, determines.

2. Such centres shall provide the Directorate-General of Railways with information related to the assessment of the psycho-physical capacity of railway personnel as a result of the inspection actions.

3. The inspection and control work shall ensure that at least the requirements laid down in this order are maintained for the approval of the medical examination centres.

CHAPTER II

Approval regime for medical recognition centers.

Article 66. Requirements for approval.

1. It is for the Directorate-General of Railways to approve medical examination centres following the procedures and in compliance with the requirements laid down in this Title, without prejudice to the powers of the Autonomous Communities. in the matter.

2. The approval of medical examination centres shall require the following requirements to be satisfied:

(a) Revestir, in case of not being part of the Railway Infrastructure Manager or a railway undertaking, the form of a commercial company.

b) Credit professional competence and technical capacity.

c) Contar with financial capacity to meet your obligations.

d) Having cover for civil liability that may be enforceable.

(e) Dispose of an internal statute that incorporates its operating system, psycho-physical capacity assessment procedures, and any other rules that are necessary for a better development of its activity.

3. Medical recognition centres which are in one of the following cases shall not be approved:

(a) Those punished for very serious administrative offences provided for in the trade and health legislation, within five years of the imposition of the sanction.

(b) Punished or convicted, by way of judgment or final judgment, for very serious infringements committed in the field of health legislation, or for serious or repeated infringement of the obligations arising from the rules social or labour laws, in particular the legislation on safety and health at work, within five years of the adoption of the resolution on penalties.

(c) Those who are not aware of the payment of the tax obligations, as well as of the obligations to the Social Security.

(d) Those whose directors or members of their management staff suffer or have suffered, in or outside Spain, have been declared in a court of insolvency, disabled or suspended to exercise charges of administration in companies or sanctioned or convicted by judgment or judgment of the commission of the offences referred to in the preceding letters until their criminal liability is completely extinguished.

Article 67. Criteria for assessing professional competence and technical capacity.

The requirement of professional competence and technical capacity will be met when the center has:

a) An appropriate business structure to perform psycho-physical capacity assessments with due quality level, which will be credited with:

1. Reunite the requirements required by the health authorities for the conduct of examinations, reports and medical evaluations required for the issuance of the psycho-physical capacity assessment certificates.

2. A responsible as the director of the center, with professional experience and with a university degree or equivalent.

b) Your staff must be:

1. A medical officer in the center, who is in possession of the degree in medicine and surgery and with an experience of at least three years in company medical services.

2. Personal recogniser and evaluator to carry out the assessment of psycho-physical capacity, adequately trained and in sufficient numbers. To this end, the staff of the center must have at least one graduate in medicine and surgery, who will be able to agree with the medical officer of the center, a graduate in psychology, and a university graduate in nursing. As far as the rest of the staff is concerned, the centre may have established agreements with doctors and clinical analysis laboratories as well as any medical centre or psychological cabinet.

(c) Means and, where appropriate, appropriate facilities and in sufficient numbers to carry out the activity for which approval is sought. The centre will be estimated to meet this requirement if it has:

1. Facilities suitable for their purpose, with sufficient standards of quality, validated by obtaining proper health authorization.

2. A suitable file system for documentation relating to your staff and to the psycho-physical capacity assessments you perform.

Article 68. Criteria for assessing financial capacity and coverage of civil liability.

1. The financial capacity requirement shall be met if the entity applying for the approval has sufficient resources to deal with, at any time, the obligations it has incurred or may contract for a period of 12 months. months to be counted from the grant of approval. It may be credited by the submission of an expert report or appropriate documents, issued by credit institutions or auditors.

2. For the purposes exclusive of the grant of approval, a medical examination centre shall be understood to cover its civil liability arising out of the psycho-physical capacity assessment activities it provides if at the time of the approval Application for type-approval provides for a commitment to an insurance undertaking for liability insurance covering the risks arising from its activity. However, it will be necessary to formalize such a commitment before the start of the activity.

Article 69. Approval procedure.

1. The application for approval of a medical examination centre, with the content provided for in Article 70.1 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, shall be direct the General Directorate of Railways, in the terms provided for in it, and shall include the formal assumption by the applicant of how many conditions and guarantees are established in this order.

2. The application for approval of a medical examination centre shall be accompanied by the documentation referred to in this paragraph and from the other that the applicant understands that it may contribute to greater knowledge and better assessment of the their request, with at least the following attached:

(a) In the case of commercial companies, the writing of the constitution and, where applicable, of modification, entered in the Trade Register and in which its share capital is established at the time of the application.

(b) Supporting documentation of the legal personality of the petitioner and, where applicable, of the representative and the power with which he acts.

(c) A statement responsible for not finding the person concerned in any of the cases listed in Article 66.3, as soon as it is not possible to provide the corresponding certificates. Administrators or managers of undertakings applying for approval and having a foreign nationality must present a certificate issued by the competent authority of their country stating that no such certificate is available in any of the the assumptions expressed in that Article.

d) An organization chart of the organizational structure of the company in which the principal responsible for the organization is included in the different areas of evaluation of psycho-physical capacity and copy of the internal status of the center.

e) Authorization, issued by the relevant health authority, for the conduct of medical examinations, reports and evaluations.

f) A project of work in which the activity programmes of the medical recognition centre and the tasks of the different professionals responsible for it are established.

g) "Curriculum vitae" of the Director of the Centre, the Medical Officer of the Centre and the Medical Professionals, Psychologists and Health Personnel at the Centre for the Evaluation of Psychophysical Capacity, required in each case.

h) Copy, if any, of the agreements concluded with other organizations to perform the activities of evaluation of psycho-physical capacity. The nominal ratio of all the professionals concerned by these agreements shall be provided, with the indication of the specialty, and where appropriate, titration.

i) Description of the facilities that the center will occupy, with its corresponding plans of detail and justified relationship of equipment and other material means to be available.

j) A work risk prevention plan for the exercise of your activity.

k) Indication of the systems with which it will communicate with the Directorate General of Railways, with the Railway Infrastructure Manager and, where appropriate, with the railway undertakings for whose workers it carries out some of the functions that correspond to you.

l) Documentation to demonstrate compliance with financial capacity requirements.

m) Documentation to demonstrate compliance with the liability coverage requirements.

In the event that any of the documents or the additional documentation provided for in this paragraph are required, the applicant shall have 15 days, from the date on which he has been place the order, to present the documentation to be used to correct or complete the delivery together with the application. The failure to submit or submit the documentation within the prescribed period shall be sufficient grounds for the refusal of the application for approval.

3. The Directorate-General of Railways may, before making a decision, require the applicant to provide the information or clarifications which it considers appropriate on its application or on the documents accompanying it.

4. The Directorate-General for Railways shall inspect the medical examination centre and, in the light of the inspection report and the other background, give a reasoned decision on the dossier, notifying within a maximum of five months of the from the date of submission of the application for approval, the resolution of its grant or its refusal.

After the period provided for in the preceding paragraph without any express resolution, the application shall be deemed to be estimated.

5. The approval shall be granted initially for a period of three years and successive renewals for periods of five years. The Directorate-General of Railways shall register in the Special Railway Register the medical recognition centres which obtain the approval which entitles them to assess the psycho-physical capacity of the railway staff. For the purposes of renewal, the same scheme as the one for approval shall apply, and the application for renewal shall be made, with the necessary prior notice, prior to the expiry of the validity of the approval, in force.

6. The decision on the application for approval of a medical examination centre shall not exhaust the administrative route and may be brought against the same appeal. The maximum period for issuing and notifying the decision on the appeal shall be three months. After that time limit, no express resolution shall be deemed to be deemed to be such an appeal.

Article 70. Validity of the approval.

1. The approval shall remain valid within its period of validity, while the medical examination centre complies with the requirements laid down in this order for its grant.

It is up to the Directorate General of Railways to check, at any time, compliance by the centres of these requirements.

2. The Directorate-General for Railways may require the approved medical recognition centres to provide the information necessary to verify that the conditions justifying the granting of the aid are maintained. approval.

3. In particular, the General Directorate of Railways shall carry out inspections of approved medical examination centres:

(a) Where there are reasonable doubts as to possible non-compliance with the requirements that are required of them.

b) Randomly, at any time that you decide.

4. Without prejudice to the above paragraphs, all approved medical examination centres are obliged to notify the Directorate-General of the Railways in advance of any changes in the field of medical examination. that information is required in this order. They shall also communicate, in advance, their plans concerning new methodologies and practices for the assessment of psycho-physical capacity, as well as changes to their material means.

In addition, they shall communicate within a maximum of one month from the date of production, any variation affecting the data in the Medical Centers Section of the Special Rail Register.

5. The Directorate-General of Railways may, for the performance of its duties, count on the collaboration of proven entities.

6. Where the Directorate-General of Railways finds that a medical examination centre has ceased to fulfil the requirements which are required, it shall initiate the procedure for suspension or, where appropriate, for the withdrawal of the approval of the has, as set out in the following article.

Article 71. Suspension and revocation of approval.

1. The Directorate-General for Railways may give a reasoned suspension of approval to a medical examination centre. Such suspension shall be agreed upon when the non-compliance with any of the requirements for its granting is found and until the detected non-compliances are remedied.

2. The decision on the suspension of approval shall be immediately enforceable from notification to the person concerned and shall exhaust the administrative route and may be brought before the administrative-administrative jurisdiction.

3. The medical examination centre may request the cancellation of such suspension, after the failure to cause the suspension has been remedied.

4. The Directorate-General of Railways shall revoke the approval of a medical centre where the non-compliances which had caused the suspension of such approval would not have been adequately remedied within 12 months of the date of the suspension of the approval. executed the suspension.

5. Both the suspension and the revocation of the approval of a medical examination centre shall not give rise to any compensation in favour of the holder.

6. The decision on the suspension or revocation of the approval of a medical examination centre shall not exhaust the administrative route, and may be brought before the end of the procedure. The maximum period for issuing and notifying the decision on the appeal shall be three months. After that time limit, no express resolution shall be deemed to be deemed to be such an appeal.

Additional disposition first. Titles for the driving of railway vehicles and ratings of qualified railway personnel who had been exercising their duties prior to the entry into force of the Railway Sector Law.

1. According to the provisions of the additional provision of Law 39/2003, of 17 November, of the Railway Sector, it will be understood that the staff who, at the entry into force of the Law, belonged to the National Network of the Spanish Railways and exercising the functions contemplated in this order is authorized to continue with the performance of the same.

However, within two years of the entry into force of that Law, such staff must have the documents which formalise the ratings and, where appropriate, the driving licences for railway vehicles. in accordance with the following paragraphs.

2. For the General Directorate of Railways to proceed to the formal award of the corresponding titles of railway vehicles, within two years of the entry into force of the Law of the Railway Sector:

(a) The Railway Infrastructure Manager and RENFE-Operadora, as the case may be, will raise to the General Directorate of Railways a relationship of all the staff of its entity for which, certifying that they the conditions laid down in the first subparagraph above, apply for the driving licence for the exercise of the functions conferred by the titles of categories A and B. These entities shall attach a list containing or copying all the data and documents to be issued for the granting of the corresponding title.

b) The staff who, appearing in the National Network of Spanish Railways staff at the time of the entry into force of the Law of the Railway Sector, exercised functions contemplated in this order for the titles of the driving of railway vehicles and whose employment relationship with ADIF or RENFE-Operator has been extinguished prior to the entry into force of this order, may request those entities, as appropriate, to issue a certificate which accredit that it meets the requirements laid down in the first paragraph, which allows it to apply for corresponding driving title to the General Directorate of Railways.

(c) Once the documentation referred to in the preceding paragraphs has been received, the Directorate-General of Railways shall issue the corresponding driving licences for railway vehicles, subject to the effectiveness of those titles to the validity of the corresponding certificate of psycho-physical fitness, which shall also be subject to the conditions of validity, suspension and revocation laid down in Articles 30 and 31.

3. Once the driving licences for railway vehicles have been awarded, in accordance with the preceding paragraphs, the entities for which the holders of those services are to provide their services shall grant the corresponding ratings of driving.

However, within two years of the entry into force of the Law on the Rail Sector, these entities will have to issue the documents that form the corresponding driving ratings, which will be subject to the conditions of validity, suspension and revocation laid down in Articles 37 and 38.

4. The railway staff who, at the entry into force of the Law of the Railway Sector, will come, with the prior authorization of the National Network of Spanish Railways or the extinct entity Infrastructure Manager Railway, the functions described in Titles II, III, IV and VI of this order, may continue to perform those functions under the same conditions and identical requirements with those which they have been carrying out.

However, within two years of the entry into force of the Law of the Rail Sector, RENFE-Operadora and the Railway Infrastructure Manager will have to issue the documents that will be formalized by the appropriate ratings, which shall be subject to the conditions of validity, suspension and revocation established, as the case may be, in the corresponding Articles of Titles II, III, IV and VI of this order.

Additional provision second. Application to the staff of the Railway Infrastructure Manager, who is active in the connections of the General Interest Railway Network managed by that entity, with other networks.

1. In the agreements established by the Administrator of Railway Infrastructures with the Ports or Airports of General Interest, with the holders of parks or derivations or with infrastructure managers of other railway networks, specify, inter alia, the conditions and conditions of authorisation to be fulfilled by the staff outside the Railway Infrastructure Manager who is involved as a person responsible for movement in connection with the Network Railway of General Interest administered by the Infrastructure Manager Railway. Those requirements and conditions shall be in accordance with this order.

2. In addition, the requirements and conditions for other ratings and qualifications referred to in those conventions shall be those referred to in this order.

Additional provision third. Approval of the training centres of the National Network of Spanish Railways.

The training centers that, at the entry into force of Law 39/2003, of 17 November, of the Railway Sector, had been carrying out the training of railway personnel in the National Network of Spanish Railways, shall be entitled to continue exercising the tasks which are regulated in this order for such centres.

However, within two years of the entry into force of the Law of the Railway Sector, the training centers of RENFE-Operadora and the Administrator of Railway Infrastructures will have to present in the Directorate General the documentation referred to in Article 56 of this order. The Directorate-General for Railways shall, if appropriate, provide the supporting document of the relevant type-approval to the said training centre.

Additional provision fourth. Approval of the medical recognition centres of the National Network of Spanish Railways.

The medical recognition centers that, at the entry into force of Law 39/2003, of 17 November, of the Railway Sector, were carrying out in the National Network of the Spanish Railways functions analogous to the certification of psycho-physical fitness assessment, which is collected in this order, shall be considered as authorised to continue to perform the said functions.

However, within two years of the entry into force of the Law of the Railway Sector, the centers of medical recognition of the entities RENFE-Operadora and the Administrator of Railway Infrastructures will have to present in the General Directorate of Railways the documentation referred to in Article 69. The documentation shall be reviewed by the Directorate-General of the Railways, if appropriate, the supporting document of the relevant approval to the said medical recognition centre.

Additional provision fifth. Controls for the detection of alcohol consumption and analytical indications of drug use of abuse and psychoactive substances.

1. In the initial or periodic tests of the certificates of physical fitness, which are carried out at approved medical examination centres, for the purpose of obtaining and preserving the effectiveness of the driving title and any of the Such as is required, as set out in this order, specific tests will be carried out to detect alcohol consumption and analytical indications of the use of drugs of abuse and psychoactive substances.

2. The Railway Infrastructure Manager and the railway undertakings, in order to comply with the regulatory regulations on safety in the railway traffic, will be able to carry out random checks for the detection of alcohol and drugs of abuse and psychoactive substances among all personnel enabled by these.

3. The Directorate General of Railways and the Manager of Railway Infrastructures in the exercise of the powers of inspection of the railway activities, which give them the article 86 of the Law of the Railway Sector and its correlation in the field of accident investigation with Articles 111 and 112 of the Railway Sector Regulation, may order the carrying out of controls to detect alcohol consumption and analytical indications of the use of drugs of abuse and substances psychoactive.

These checks must be carried out in the course of their professional activity and may be carried out to the movement, infrastructure, train and driving personnel which is regulated in this order.

4. The result obtained after testing for the consumption of:

(a) Alcohol shall be considered as positive when it exceeds the maximum alcohol rates set out in the 11th additional provision of the Railway Sector Regulation.

(b) Drugs of abuse and psychoactive substances shall be considered to be positive if there are analytical indications of such substances.

5. In any of the cases referred to in the preceding paragraph, and in order to ensure the identity of the biological sample analysed and the suitability of the result obtained, a chain of custody procedure shall be established for the samples. biological, and it will be agreed, with the clinical analysis laboratory, to make all samples which are positive a second test which is considered to be confirmatory, and which will be carried out with a different analytical method, with greater sensitivity, to validate the results obtained.

6. If the result of one of the tests allows to detect that the maximum alcohol rate laid down in the Railway Sector Regulation has been exceeded, or that there are analytical indications of drug use of abuse and/or psychoactive substances, proceed as follows:

(a) In the tests for the assessment of psycho-physical capacity, the subject shall be appraised with the consideration of unfit.

(b) In random checks, the provisions of this order shall apply, for each case, in each of the ratings held by the subject subject to this control.

Additional provision sixth. Right of accreditation of railway staff.

In accordance with Article 13 (3) of Directive 2004/49 of 29 April on the safety of the Community's railways, and the effect of crediting their training, qualifications and previous experience, all those who are exercises or has exercised, in the railway field, any of the functions related to the safety in the circulation for which in this Order the corresponding rating is contemplated, it shall have the right to request the railway undertaking or the railway infrastructure manager in which he has provided his services, the certification certifying the performance of the aforementioned functions, which must be issued within the maximum period of one month. Such certification may be taken into account by the approved centres or by the safety officers of the railway entities for the purpose of validation in the training process for obtaining the ratings or for obtaining the recovery of the ratings.

First transient disposition. Railway personnel authorised since the entry into force of the Railway Sector Law and until the entry into force of this order.

1. The personnel who have been authorized to carry out functions referred to in this order, by RENFE-Operadora or the Railway Infrastructure Manager, after the entry into force of Law 39/2003 of 17 November of the Railway Sector and until the entry into force of this order, shall be deemed to be authorised to continue to perform those tasks.

However, within two years of the entry into force of this Law, this staff must present in the Directorate General of Railways, in the cases related to the driving titles, and before RENFE-Operator or the Railway Infrastructure Manager, as appropriate, in the cases related to the ratings, the documentation indicated in the corresponding articles of this order in which the requirements and conditions for the acquisition of the driving licences or of the Ratings. The said documentation shall be reviewed by the aforementioned body or, where appropriate, by the entities concerned, the document certifying the corresponding driving or enabling titles to the aforementioned staff. Such documents shall be subject to the conditions of validity, suspension and revocation established in each case in this order.

2. Without prejudice to Article 13 (5) of this order, persons other than the Railway Infrastructure Manager who, upon their entry into force, have an authorisation for work issued by the said entity, which shall be subject to them, The power to carry out the duties relating to the enabling of the person responsible for work, as referred to in Article 13, shall be maintained on a personal basis as long as the conditions of validity laid down in the Article 16.

In exceptional cases, duly justified, where there is no available staff available from that entity, it may be admitted that they perform such function of other companies that are duly enabled as (a) the amount of the charge. Such ratings shall be valid for no more than three years.

Second transient disposition. Validation of the RENFE staff of the minimum academic level requirements for access to training for qualifications and qualifications.

For the purposes of the regulated in this order, it is established, for the staff that, at the entry into force of Law 39/2003, of 17 November, of the Railway Sector, belonged to the National Network of the Spanish Railways and which is currently integrated into the staff templates of the RENFE-Operator or Railway Infrastructure Manager entities, a transitional period for the adaptation of their professional qualification, during which, under the accumulated professional experience and the continuing training processes in these institutions, shall be deemed to have been validated to meet the requirements of the minimum academic level provided for in this order, in order to be able to access the training which allows for the acquisition of the driving titles and the different types of Ratings that are regulated in the same.

This transitional period will be five years and will be computed from the date of entry into force of this order.

Transitional provision third. Access to the driving titles of personnel belonging to other railway undertakings other than RENFE-Operator.

1. The staff belonging to the entry into force of this order to other railway undertakings other than RENFE-Operadora, which was authorized by the National Network of the Spanish Railways to drive railway vehicles under cover of instruction 4/93 of 24 February 1993 of the latter, either by the GIF as a driver N1 under the 'Standard for the authorisation of the operational staff in the movement in the construction and testing stages of the GIF lines', which complies with the with the requirements specified in Article 26 of this order and which can prove the in the three years preceding the entry into force of this order, of at least three hundred hours of driving of manoeuvres, or of trains, or of railway vehicles used for the maintenance of the Railway infrastructure or locomotives used for the performance of manoeuvres, may choose to obtain the driving title of category A, in a single and extraordinary call to be announced by the Directorate-General of Railways in the 60 days following the entry into force of this order. It shall also be accredited, at least seven days before the scheduled tests have been carried out, to have carried out a safety training in the railway movement of at least 40 hours of reading.

In addition, the staff referred to in the preceding paragraph, who have been awarded for the procedure described above the driving title of category A, may choose to obtain the driving title of category B, in a single and extraordinary convocation to be announced by the Directorate-General of Railways within six months of the entry into force of this order, provided that it proves, at least seven days before the scheduled tests are carried out, the completion, in an approved training centre, of a course whose reading is equivalent, to the less than four hundred hours, of which a minimum of three hundred must correspond to practical training and of this, one hundred and twenty at least to effective driving practices in railway vehicles and, in particular, locomotives or self-propelled material.

2. Finally, the staff of the mentioned railway companies other than RENFE-Operadora, that owned authorization of the National Network of the Spanish Railways to drive railway vehicles and that it would have caused low in the mentioned between 1 January 2000 and the date of entry into force of the Law on the Railway Sector, may decide to obtain the driving title of category B, in the single and extraordinary convocation referred to in the preceding paragraph; provided that it proves, at least seven days before the scheduled tests are carried out, that the in an approved training centre, a course whose teaching load will be equivalent to at least four hundred hours, of which a minimum of three hundred shall correspond to the practical training and of this, one hundred and twenty at least shall be effective driving practices in line rail vehicles and in particular on locomotives or self-propelled material.

3. The approved training centre based on the assessment of the candidate's skills and knowledge may consider that certain modules or parts of the training programmes are valid. In no case shall the obligation to carry out the hours of effective driving practice set out in each of the preceding paragraphs be replaced or validated.

Transitional disposition fourth. Authorisation of the training programmes of RENFE-Operadora and the Railway Infrastructure Manager.

1. In order to standardise and standardise the training programmes to be provided in the approved centres for the training of railway staff for the various qualifications which are regulated in this order, the Directorate-General for Railways, within the Maximum of eight months, by resolution published in the Official Gazette of the State, will establish, after hearing of the Administrator of Railway Infrastructures, railway companies and unions more representative of the field, the itineraries basic training and the minimum educational burden to be met by such programmes training.

2. As long as they are not drawn up and, where appropriate, they approve the contents of the training programmes referred to in this order, they will govern those who came by applying RENFE-Operadora and the Railway Infrastructure Manager prior to their entry into force.

Transient disposition fifth. Provision of the train staff training service by RENFE-Operadora and by the Railway Infrastructure Manager.

1. For a period of one year from the date of entry into force of this order and unless, within this period, the Directorate-General for Railways has at least one independent training centre of the entities RENFE-Operator and Administrator Railway infrastructure, such entities, on market conditions, fair and non-discriminatory in respect of those which apply to their own staff, shall be obliged to:

(a) Imparting in their training centres, the training required to obtain the title of driving of railway vehicles, in the terms set out in Title VII of this order in response to calls which are carried out by the Directorate-General of Railways;

(b) Imparting the staff of other railway undertakings in their training centres, the theoretical training required to obtain driving licences, on the basis of the specific programmes submitted by the Member States. the railway undertakings which must be previously approved by the training centres, and to supervise the development of the relevant practical tests which will be carried out, unless otherwise agreed, by the undertakings concerned. Referred to;

2. In the event that a training centre other than the Railway Infrastructure Manager or RENFE-Operadora is not approved, within the period referred to in the previous paragraph, the Ministry of Public Works may, for one year, extend the obligations which it has the entities referred to in that paragraph are attributed to them.

Transitional disposition sixth. Access to the physical fitness tests for railway staff of companies other than RENFE-Operadora and the Railway Infrastructure Manager.

As long as the Directorate General of Railways does not homologue, at least, an independent medical recognition center of the entities RENFE-Operadora and the Administrator of Railway Infrastructures, the latter will come required to carry out the tests of physical fitness required for the purpose of obtaining the certificates of physical fitness, to the railway staff of other railway undertakings, in accordance with the terms laid down in Title VIII, market, fair and non-discriminatory in respect of those applying to its own staff.

Transitional disposition seventh. Regime applicable to railway personnel providing their services to the business public entity Railway of Via Narrow (FEVE).

According to the provisions of the transitional provision of the Law of the Railway Sector, the railway staff who provide their services in the business public entity Railways of Via Estrela (FEVE) will continue governed by the regime currently applicable to it as long as a specific regime for such personnel is not developed.

Transient disposition octave. Regime applicable to staff of additional, complementary and ancillary service providers.

1. As long as the Ministry of Public Works does not approve, in accordance with Article 41 of the Law of the Railway Sector and of Article 56 of the Regulations of the Railway Sector, the legal system that establishes the requirements for obtaining the Title enabling third parties for the provision of additional, complementary and ancillary services, the Railway Infrastructure Manager shall grant, where appropriate, to the staff of the entities providing such services, the ratings which correspond to the requirements for the performance of their duties in respect of any of the Ratings regulated by this order.

2. The ratings granted in accordance with the provisions of the previous paragraph shall lose their validity within six months of the entry into force of the regulations approved for this purpose by the Ministry of Public Works.

transient disposition ninth. Special conditions for Safety Officers in the movement of licensed railway undertakings prior to the entry into force of this Order.

In the case of undertakings which have obtained their railway undertaking licence prior to the entry into force of this order, compliance with the academic qualification requirement laid down in Article 45.2 shall not be required. those persons who have assumed in these undertakings, before that date, the functions which, by this order, are attributed to the person responsible for the safety in the movement of a railway undertaking. Such persons may act as security officers in the movement in their respective railway undertakings, in the terms established by this order, as long as they maintain their employment relationship with them.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank to that of this order are repealed, they will be opposed to it.

Final disposition first. Authorization to the General Directorate of Railways.

The Directorate General of Railways will take the necessary steps to enforce and enforce this order.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, July 27, 2006. -Minister of Development, Magdalena Álvarez Arza.

ANNEX I

Minimum content of training programs for driving the driving title

1. Theoretical training shall include:

a) Introduction to the rail system.

b) Knowledge of railway infrastructure: the Railway Network of General Interest, Physical and Technical Characteristics.

c) Safety regulations in circulation: General Regulation of Circulation.

d) Prevention of occupational risks.

e) General knowledge of railway rolling stock (engine and towed).

f) Adaptation to traction vehicles.

g) Knowledge of the various operational scopes and work slogans.

2. Practical training will include:

a) Real driving practices for rail vehicles over the network.

b) Driving practices, if any, in a simulator, where driving is experienced in degraded situations.

c) Other practices.

ANNEX II

Content of practical tests to obtain the title of driving of railway vehicles

Section 1. Pre-departure operations for the train.

to the Train Documentation and its analysis.

b Locomotive inspection and, if applicable, the train.

c Procedures prior to starting and starting the locomotive.

d Realization of braking tests.

and Station output and subsequent procedures.

f Train exit procedures.

Section 2. General Framework.

a Relation to the signaling and communications systems. Compliance with procedures.

b Continuous path, with speed changes.

c Acceleration operations up to pre-set speed.

d braking operations at pre-fixed start and end speeds, with different masses, and at limited distances.

e Circulation by ramps and slopes with frequent changes.

f Communications with travelers.

Section 3. Procedures en route.

a Reading of lines (or schedules), speed frames, and marching indications.

b Making a travel plan.

c Speed maintenance.

d Travel time compliance between stations or cantons boundaries.

e Speed adjustment and possible and durable precautions; interpretation of slogans.

f Use of the communications on board the vehicle. Connection with command post and passengers.

g Manual March and Auto March.

Section 4. Stop-in-station procedures.

to Stop Procedures.

b Adjustment of arrival to schedule.

c Changing needles in access to station.

d Stop at fixed point.

and Documentation to be completed at stations.

Section 5. Route stop procedure.

to Stop Scenarios en route.

b Stop procedures.

c Check operations. Communication with the command post, and the passengers in their case.

d Stop and start operations on curve and ramps and steep slopes.

Section 6. Abnormal and emergency procedures.

It can be combined with sections 1 to 5.

Simulated failure in traction equipment, brake equipment, auxiliary equipment to be evaluated according to the type of vehicle in which it is performed.

b Abnormal circulation operations: rollbacks, signal rebase, traffic to counter, circulation with extra locks, unduly open level steps, etc.

c Tests performed in simulator, if any.

ANNEX III

Psycho-physical capacity conditions for the fitness assessment certification of the circulation staff

For the case of the circulation officer and the circulation assistant:

Vision:

a) Distant visual acuity: 0.800 with both eyes binocular, with a minimum of 0.300 in the eye worse, with or without correction (faraway vision scale).

b) If corrective devices are to be used to achieve the required visual acuity, a spare part of the correction must be made available.

c) Maximum correction allowed: Hiperitropy + 5 dioptrias/Myopia -6 dioptrias.

d) The use of contact lenses is permitted, provided that they are not coloured or photochromatic lenses. Lentices provided with UV filter are authorized.

e) Intermediate and near visual acuity: sufficient, without or with correction.

f) Other conditions:

1. Normal chromatic sense with the Ishihara test and, if necessary, confirmed with another test.

2. º Response time to normal glare.

3. Normal luminous sense.

4. Normal stereoscopic view.

5. Full Visual Field.

6. The integrity of the eyes and their yew.

7. Fusion present.

8. No progressive disease of the organs of vision.

9. In the case of implants and/or refractive surgery, six months must elapse before being assessed again, in any case it must provide a favourable ophthalmological report.

Hearing:

a) Enough hearing, without or with hearing prostheses, confirmed by an audiogram, this is, enough hearing to maintain a telephone conversation and be able to hear alert tones and radio messages.

b) Limine tonal audiometry:

1. Average loss calculated with the arithmetic mean of the losses at 500, 1,000 and 2,000 Hz that meets the following conditions.

2. º Do not exceed 40 dB H.L., in none of the ears. Only 45 dB H.L. shall be allowed to be reached in the ear with worst hearing, when the other ear does not exceed 30 dB H.L.

3. Loss at 4,000 Hz:

4. º Do not exceed 60 dB H.L. in any of the ears. Only the 70 dB H.L. in the ear with the worst hearing will be allowed, when the other ear does not exceed 50 dB. H.L.

c) Other otorhinolaryngological conditions:

1. Do not suffer from chronic speech alterations that make it difficult to communicate sufficiently loud and clear.

2. No abnormalities or disease of the vestibular system.

Loomotor system:

The anatomical and functional state of the locomotor system that allows the correct performance of the tasks of your job.

Respiratory apparatus:

a) Do not suffer poorly controlled chronic obstructive disease.

b) Do not suffer from properly controlled sleep apnea.

Cardiovascular system:

a) Do not have unstable heart disease.

b) Do not have changes in rhythm or uncontrolled heart failure.

c) The Arterial Tension figures will not exceed: the systolic the 140 mm Hg and the diastolic the 90 mm Hg.

d) Do not suffer from peripheral ischemic disorders grade II or greater from Fontaine.

Nervous system:

a) Do not have conditions that heal with seizures, tremors, incoordination of movements, disorders of the march, sudden loss of consciousness, or changes in the level of consciousness.

b) Do not have epilepsy in any of its forms.

Psychism and others:

a) Do not suffer from mental illness.

b) Do not suffer from chronic alcoholic disease.

c) Not to present analytical evidence of abuse drug use.

d) Not be under treatment with psychoactive substances capable of altering the level of consciousness, concentration, surveillance, behavior, balance, coordination, or mobility.

e) Do not suffer from insulin-dependent diabetes or type II diabetes with systemic or poorly controlled involvement or treated with potentially hypoglycaemic drugs.

Psychological capacity:

The psychological capacity for the performance of your tasks with safety criteria will be established based on the assessment of the following skills:

a) Cognitive (attention, concentration, memory, reasoning, perception, communication).

b) Psychomotor (reaction rate, psychomotor coordination).

c) Behavior-Personality (emotional self-control, behavioral reliability, responsibility, psychopathology, autonomy).

ANNEX IV

Psycho-physical capacity conditions for infrastructure staff fitness assessment certification

For the case of the job manager and the security pilot in the circulation:

Vision:

a) Distant visual acuity: 0.800 with both eyes binocular, with a minimum of 0.300 in the eye worse, with or without correction (faraway vision scale).

b) If corrective devices are to be used to achieve the required visual acuity, a spare part of the correction must be made available.

c) Maximum correction allowed: Hiperpermeia + 5 dioptrias/Myopia -8 dioptrias.

d) The use of contact lenses is permitted, provided that they are not coloured or photochromatic lenses. Lentices provided with UV filter are authorized.

e) Intermediate and near visual acuity: sufficient, without or with correction.

f) Other conditions:

1. Normal chromatic sense with the Ishihara test and, if necessary, confirmed with another test.

2. º Response time to normal glare.

3. Normal luminous sense.

4. Normal stereoscopic view.

5. Full Visual Field.

6. The integrity of the eyes and their yew.

7. Fusion present.

8. No progressive disease of the organs of vision.

9. In the case of implants and/or refractive surgery, at least six months must elapse before being assessed again, in any case, it must present a favourable ophthalmological report.

Hearing:

a) Enough hearing, without or with hearing prostheses, confirmed by an audiogram, this is, enough hearing to maintain a telephone conversation and be able to hear alert tones and radio messages.

b) Limine tonal audiometry:

1. Average loss calculated with the arithmetic mean of losses at frequencies of 500, 1,000 and 2,000 Hz that meet the following conditions.

2. º Do not exceed 40 dB H.L. in any of the ears. Only 45 dB H.L. shall be allowed to be reached in the ear with worst hearing, when the other ear does not exceed 30 dB H.L.

3. Loss at 4,000 Hz.

4. º Do not exceed 60 dB H.L. in any of the ears. Only the 70 dB H.L. in the ear with the worst hearing shall be allowed when the 50 dB H.L. is not exceeded in the other ear.

c) Other otorhinolaryngological conditions:

1. Do not suffer from chronic speech alterations that make it difficult to communicate sufficiently loud and clear.

2. No abnormalities or disease of the vestibular system.

Loomotor system:

The anatomical and functional state of the locomotor system that allows the correct performance of the tasks of your job.

Respiratory apparatus:

a) Do not suffer poorly controlled chronic obstructive disease.

b) Do not suffer from properly controlled sleep apnea.

Cardiovascular system:

a) Do not have unstable heart disease.

b) Do not have changes in rhythm or uncontrolled heart failure.

c) The Arterial Tension figures will not exceed: the Sistolic 160 mm Hg and the Diastolic 95 mm Hg.

d) Do not suffer from peripheral ischemic disorders grade II or greater from Fontaine.

Nervous system:

a) Do not have conditions that heal with seizures, tremors, incoordination of movements, disorders of the march, sudden loss of consciousness, or changes in the level of consciousness.

b) Do not have epilepsy in any of its forms.

Psychism and others:

a) Do not suffer from mental illness.

b) Do not suffer from chronic alcoholic disease.

c) Not to present analytical evidence of abuse drug use.

d) Not be under treatment with psychoactive substances capable of altering the level of consciousness, concentration, surveillance, behavior, balance, coordination, or mobility.

e) Do not suffer from insulin-dependent diabetes or type II diabetes with systemic or poorly controlled involvement or treated with potentially hypoglycaemic drugs.

Psychological capacity:

The psychological capacity for the performance of your tasks with safety criteria will be established based on the assessment of the following skills:

a) Cognitive (attention, concentration, memory, reasoning, perception, communication).

b) Psychomotor (reaction rate, psychomotor coordination).

c) Behavior-Personality (emotional self-control, behavioral reliability, responsibility, psychopathology, autonomy).

For the infrastructure machinery operator case:

In addition to the conditions required for previous cases, you must meet the following additional conditions, which modify or supplement them:

Vision:

a) Distant visual acuity: 0.800 with both eyes binocular, with a minimum of 0.500 in the eye worse, with or without correction (faraway vision scale).

b) Maximum correction allowed: Hiperitropy + 5 dioptrias/Myopia -6 dioptrias.

Hearing:

a) Enough hearing, confirmed by an audiogram, this is, hearing enough to keep a phone conversation and be able to hear alert tones and radio messages.

b) Other otorhinolaryngological conditions:

1. No Hearing Prothesis is not permitted.

Cardiovascular system:

Blood Pressure figures will not exceed: the systolic of the 140 mm Hg and the diastolic 90 mm Hg.

ANNEX V

Psycho-physical capacity conditions for train operations personnel fitness assessment certification

For the train and loader operations auxiliary case.

Vision:

a) Distant visual acuity: 0.700 with both eyes binocular, with a minimum of 0.300 in the eye worse, with or without correction (faraway vision scale).

b) If corrective devices are to be used to achieve the required visual acuity, a spare part of the correction must be made available.

c) Maximum correction allowed: Hiperpermeia + 5 dioptrias/Myopia -8 dioptrias.

d) The use of contact lenses is permitted, provided that they are not coloured or photochromatic lenses. Lentices provided with UV filter are authorized.

e) Intermediate and near visual acuity: sufficient, without or with correction.

f) Other conditions for the case of the train operations assistant:

1. º binocular vision present.

2. Normal luminous sense.

3. Full Visual Field.

4. The integrity of the eyes and their yew.

5. Merge present.

6. No progressive disease of the organs of vision.

7. In the case of ocular implants and/or refractive surgery, at least six months must elapse to be evaluated again, and in any case should present a favorable ophthalmological report.

g) Other conditions for the case of the loader:

1. The vision is allowed in one eye as long as the visual acuity is at least 0,800, without or with correction. The rest of the "other conditions of the train operations auxiliary" are required in the same way but adapted when this is the case.

Hearing:

a) Enough hearing, without or with hearing prostheses, confirmed by an audiogram, this is, enough hearing to maintain a telephone conversation and be able to hear alert tones and radio messages.

b) Limine tonal audiometry:

1. Average loss calculated with the arithmetic mean of losses at frequencies of 500, 1,000 and 2,000 Hz that meet the following conditions.

2. º Do not exceed 45 dB H.L. in any of the ears. Only 50 dB H.L. shall be allowed to be reached in the ear with worst hearing, when the other ear does not exceed 40 dB H.L.

3. Loss at 4,000 Hz.

4. º Do not exceed 65 dB H.L., in none of the ears. Only the 75 dB H.L. in the ear with the worst hearing shall be allowed to be reached when the 55 dB H.L. is not exceeded in the other ear.

c) Other otorhinolaryngological conditions:

1. Do not suffer from chronic speech alterations that make it difficult to communicate sufficiently loud and clear.

2. No abnormalities or disease of the vestibular system.

Loomotor system:

The anatomical and functional state of the locomotor system that allows the correct performance of the tasks of your job.

Respiratory apparatus:

a. Do not suffer poorly controlled chronic obstructive disease.

b. Do not suffer from uncontrolled sleep apnea.

Cardiovascular apparatus:

a) Do not have unstable heart disease.

b) Do not suffer from rhythm disturbances, or uncontrolled heart failure.

c) The blood pressure figures will not exceed: the systolic the 160 mm Hg and the diastolic the 95 mm Hg.

d) Do not suffer from peripheral ischemic disorders grade II or greater from Fontaine.

Nervous system:

a) Do not have conditions that heal with seizures, tremors, incoordination of movements, disorders of the march, sudden loss of consciousness, or changes in the level of consciousness.

b) Do not have epilepsy in any of its forms.

Psychism and others:

a) Do not suffer from mental illness.

b) Do not suffer from chronic alcoholic disease.

c) Not to present analytical evidence of abuse drug use.

d) Not be under treatment with psychoactive substances capable of altering the level of consciousness, concentration, surveillance, behavior, balance, coordination, or mobility.

e) Do not suffer from insulin-dependent diabetes or type II diabetes with systemic or poorly controlled involvement or treated with potentially hypoglycaemic drugs.

Psychological capacity:

The psychological capacity for the performance of your tasks with safety criteria will be established based on the assessment of the following skills:

a) Cognitive (attention, concentration, memory, reasoning, perception, communication).

b) Psychomotor (reaction rate, psychomotor coordination).

c) Behavior-Personality (emotional self-control, behavioral reliability, responsibility, psychopathology, autonomy).

For the case of the manoeuvring vehicle operator:

In addition to the conditions required for previous cases, you must meet the following additional conditions, which modify or supplement them:

Vision:

a) Distant visual acuity: 0.800 with both eyes binocular, with a minimum of 0.500 in the eye worse, with or without correction (faraway vision scale).

b) Maximum correction allowed: Hiperitropy + 5 dioptrias/Myopia -6 dioptrias.

c) Other conditions:

1. Normal chromatic sense with the Ishihara test and, if necessary, confirmed with another test.

2. º Response time to normal glare.

3. Normal luminous sense.

4. Normal stereoscopic view.

5. Full Visual Field.

6. The integrity of the eyes and their yew.

7. Fusion present.

8. No progressive disease of the organs of vision.

9. In the case of implants and/or refractive surgery, six months must elapse before being assessed again, in any case it must provide a favourable ophthalmological report.

Hearing:

a) Enough hearing, confirmed by an audiogram, this is, hearing enough to keep a phone conversation and be able to hear alert tones and radio messages.

b) Limine tonal audiometry:

1. Average loss calculated with the arithmetic mean of losses at frequencies of 500, 1,000 and 2,000 Hz that meet the following conditions.

2. º Do not exceed 40 dB H.L. in any of the ears. Soo shall be allowed to reach 45 dB H.L. in the ear with worst hearing, when the other ear does not exceed 30 dB H.L.

3. Loss at 4,000 Hz.

4. º Do not exceed 60 dB H.L., in none of the ears. Only the 70 dB H.L. in the ear with the worst hearing shall be allowed when the 50 dB H.L. is not exceeded in the other ear.

c) Other otorhinolaryngological conditions:

1. No Hearing Prothesis is not permitted.

Cardiovascular apparatus:

The blood pressure numbers will not exceed: the Sistolic 140 mm Hg and the diastolic 90 mm Hg.

ANNEX VI

Conditions of psycho-physical capacity for certification of fitness assessment of driving personnel

Vision:

a) Distant visual acuity: 1 with both eyes binocular, with a minimum of 0.500 in the eye worse, with or without correction (faraway vision scale).

b) If corrective devices are to be used to achieve the required visual acuity, a spare part of the correction must be made available.

c) Maximum correction allowed: Hiperitropy + 5 dioptrias/Myopia -6 dioptrias.

d) Intermediate and near visual acuity: sufficient without or with correction.

e) Contact lenses, other than those of colour and photochromatic lenses, are permitted. Lentices with UV filter are allowed.

f) Other conditions:

1. Normal chromatic sense with the Ishihara test and, if necessary, confirmed with another test.

2. º Response time to normal glare.

3. Normal luminous sense.

4. º stereoscopic view: normal.

5. Full Visual Field.

6. The integrity of the eyes and their yew.

7. Fusion present.

8. º Contrast sensitivity: good.

9. No progressive disease of the organs of vision.

10. In the case of ocular implants and/or refractive surgery, at least six months must elapse before being assessed again and in any case should provide favourable ophthalmological report.

Hearing:

a) Enough hearing, confirmed by an audiogram, this is, hearing enough to keep a phone conversation and be able to hear alert tones and radio messages.

b) Limine tonal audiometry:

1. Average loss calculated with the arithmetic mean of losses at frequencies of 500, 1,000 and 2,000 Hz that meet the following conditions:

2. º Do not exceed 40 dB H.L. in either ear. Only 45 dB H.L. shall be allowed to be reached in the worst ear provided that the other 30 dB H.L. is not exceeded.

3. Loss at 4,000 Hz.

4. º Do not exceed 60 dB H.L. in either ear. Only 70 dB H.L. shall be allowed to be reached in the worst ear provided that the 50 dB H.L. is not exceeded in the other ear.

c) Other otorhinolaryngological conditions:

1. Do not suffer from chronic speech alterations that make it difficult to communicate sufficiently loud and clear.

2. No abnormalities or disease of the vestibular system.

3. No Hearing Prothesis is not permitted.

Loomotor system:

The anatomical and functional state of the locomotor system that allows the correct performance of the tasks of your job.

Respiratory apparatus:

a) Do not suffer poorly controlled chronic obstructive disease.

b) Do not suffer from properly controlled sleep apnea.

Cardiovascular system:

(a) Do not suffer from discompensated heart disease or vasculopathies or ischemic cardiomyopathies in any of its forms.

b) Do not have heart rhythm disturbances.

c) The Arterial Tension figures will not exceed: the systolic the 140 mm Hg and the diastolic the 90 mm Hg.

d) Do not suffer from peripheral ischemic disorders grade II or greater from Fontaine.

e) Not allowed to use pacemakers, or implanted cardioversors.

Nervous system:

a) Do not have conditions that heal with seizures, tremors, incoordination of movements, disorders of the march, sudden loss of consciousness, or changes in the level of consciousness.

b) Do not have epilepsy in any of its forms.

Psychism and others:

a) Do not suffer from mental illness.

b) Do not suffer from chronic alcoholic disease.

c) Not to present analytical evidence of abuse drug use.

d) Not be under treatment with psychoactive substances capable of altering the level of consciousness, concentration, surveillance, behavior, balance, coordination, or mobility.

e) Do not suffer from insulin-dependent diabetes or type II diabetes with systemic or poorly controlled involvement or treated with potentially hypoglycaemic drugs.

Psychological capacity:

The psychological capacity for the performance of your tasks with safety criteria will be established based on the assessment of the following skills:

a) Cognitive (attention, concentration, memory, reasoning, perception, communication).

b) Psychomotor (reaction rate, psychomotor coordination).

c) Behavior-Personality (emotional self-control, behavioral reliability, responsibility, psychopathology, autonomy).