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Order Fom/679/2015, Of 9 April, Amending The Order Fom/2872/2010, Of 5 November, Establishing The Conditions For Obtaining The Qualifying Titles That Allow The Exercise Of The Functions Of The Personal Ferro...

Original Language Title: Orden FOM/679/2015, de 9 de abril, por la que se modifica la Orden FOM/2872/2010, de 5 de noviembre, por la que se determinan las condiciones para la obtención de los títulos habilitantes que permiten el ejercicio de las funciones del personal ferro...

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Order FOM 2872/2010 of 5 November 2010 determining the conditions for obtaining the qualifications enabling the exercise of the functions of the railway staff related to security in the In addition to the arrangements for approved training centres and for the medical recognition of such staff, it was the transposition of Directive 2007 /59/EC of the European Parliament and of the Council of 23 December 2007 on the October 2007, on the certification of train drivers of locomotives and trains in the system The Community's rail network is already indicating that there would be future changes to the expected measures taken by the European Commission in relation to the conditions and criteria for the implementation of Directive 2007 /59/EC, with the aim of promote the greatest possible harmonisation at European level.

The present amendment of the aforementioned ministerial order therefore seeks to fulfil a double objective. On the one hand, incorporating the Commission Decision of 22 November 2011 on the criteria for the recognition of the centres involved in the training of train drivers, the criteria for the recognition of examiners and the criteria for the organisation of the examinations, in accordance with Directive 2007 /59/EC of the European Parliament and of the Council.

The Commission Recommendation of 22 November 2011 on the procedure for the recognition of training centres and driver examiners, as required, is also set out in the Commission Recommendation of 22 November 2011. Directive 2007 /59/EC of the European Parliament and of the Council.

This Order also includes changes in relation to the required knowledge and precise medical requirements for access to the driving licence, in accordance with Directive 2014 /82/EU, which amends the Directive 2007 /59/EC, in respect of general professional knowledge, medical requirements and prescriptions relating to the licence.

On the other hand, it has proceeded to clarify and clarify some issues that regulate the current order based on the experience accumulated since its entry into force.

During the processing of this order have been heard the railway entities, and other stakeholders in the railway sector and the National Council of Land Transports.

In its virtue, on the proposal of the Directorate General of Railways, with the agreement of the Secretary General of Infrastructures and the Secretary of State for Infrastructures, Transport and Housing, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the State Council, I have:

Single item. Amendment of Order FOM/2872/2010 of 5 November determining the conditions for obtaining the qualifications enabling the exercise of the functions of the railway staff related to security in the movement, as well as the arrangements for approved training centres and those for the medical recognition of such staff.

One. Article 8 is worded as follows:

" 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 circulation ratings, compliance with the following conditions:

a) Haber turned eighteen.

b) Count, at least, with the degree of Undergraduate in Secondary Education Obligatory or equivalent qualification for work effects. However, in order to obtain the right of movement, it will be necessary to have the title of Bachiller or a vocational training technician or equivalent to work effects or, failing that, to prove an experience professional of at least 4 years as a circulation assistant.

c) For those interested whose native language is not Spanish, credit a sufficient knowledge of the Spanish that allows the applicant to follow the training process. The accreditation must be carried out by means of a certificate issued by a language teaching centre officially recognised by the Ministry of Education, Culture and Sport. Approved training centres may, for the sole purpose of admission, carry out the language level assessment tests to the interested parties.

(d) Credit, by means of a certificate of psycho-physical fitness issued by an approved centre of recognition, the conditions set out in Annex I to this order. '

Two. Article 11 is worded as follows:

" Article 11. Suspension and revocation of the ratings. Resources in relation to the ratings.

1. For the purpose of ensuring safety in rail traffic, the railway infrastructure manager shall suspend the rating when:

(a) The holder is detected at levels of alcohol 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 10.2 of this order 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 check for the detection of alcohol consumption or of analytical indications of consumption of narcotic drugs, psychotropic or any other substances producing similar effects, carried out by sufficiently qualified and authorised staff, in accordance with the rules in force.

2. The railway infrastructure manager may also suspend the ratings, in accordance with the assessment criteria that it includes in its security management system, when the holders of the security management system commit an infringement. (a) a safety-related regulation in the movement or when they have been involved, with indications of a statutory infringement, in an accident or in a traffic incident which could have resulted in an accident.

3. If the authority responsible for railway safety finds, within its supervisory actions, that the holder of an authorisation has ceased to fulfil any of the requirements for obtaining or incurs any of the cases, the railway infrastructure manager shall be contacted by the railway infrastructure manager to request it either to carry out an additional inspection or to suspend the rating. The infrastructure manager shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum of four weeks. Independently of this, the authority responsible for railway safety may prohibit the exercise of the activity by a precautionary measure until it has received the report from the infrastructure manager.

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

(a) Credit again your physical fitness in the case of cases (a) and (d) of paragraph 1. In case (a) of that paragraph, at least a period of three months ' suspension shall elapse before the recovery of psycho-physical fitness can be credited again.

b) Superb the appropriate refresher and refresher courses in the case of paragraph 1 (b).

(c) comply with the administrative penalty to which the offence has occurred, or where the case is made in the case of cases (a) and (c) of paragraph 1, as well as in the case of paragraph 2.

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

(e) When the recovery procedure laid down in the safety management system of the railway infrastructure manager is completed, in the case of paragraph 2. Such a procedure may include courses of updating and recycling or accreditation of psycho-physical fitness.

5. The railway infrastructure manager shall revoke the rating when:

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

(b) Your holder ceases to be active in the railway infrastructure manager. In the case of a dependent circulation auxiliary of another entity, when its holder causes a low employment in the company to which it belonged when it 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.

6. The suspension procedure 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 recorded in the cases of suspension and revocation in the registration referred to in the second paragraph of the eighth additional provision of this order and shall be communicated to the Special Railway Register and the security officer in the movement of that entity. The duration of the proceedings shall not exceed 3 months. After the expiry of that period without notification of the decision on suspension or revocation, the procedure shall be terminated, which shall be declared by the appropriate resolution in which the file of the proceedings shall also be ordered. actions.

7. Applicants or holders of such ratings may, within one month of the date of issue of the issue, update, suspend or revoke the decisions relating to the issuing, updating, suspension or revocation of such decisions. notification of the refusal of issue or update, suspension or revocation of the rating, the time limit for issuing and notifying the three-month resolution. After that time limit, no express decision shall be deemed to have been dismissed. An administrative dispute may be brought against the decisions of the authority responsible for railway safety. '

Three. Article 14 is worded as follows:

" 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) Count, at least, with the degree of Undergraduate in Secondary Education Obligatory or equivalent qualification for work effects. However, in order to obtain the qualification of the person in charge of work, it is necessary to have the title of Bachiller or a diploma of vocational training technician or equivalent for work purposes or, failing that, to establish an experience professional of at least four years as a security pilot.

c) For those interested whose native language is not Spanish, credit a sufficient knowledge of the Spanish that allows the applicant to follow the training process. The accreditation must be carried out by means of a certificate issued by a language teaching centre officially recognised by the Ministry of Education, Culture and Sport. Approved training centres may, for the sole purpose of admission, carry out the language level assessment tests to the interested parties.

(d) Credit, by means of a certificate of psycho-physical fitness issued by an approved centre of recognition, the conditions set out in Annex II to this order. '

Four. Article 17 is worded as follows:

" Article 17. Suspension and revocation of the ratings. Resources in relation to the ratings.

1. For the purpose of ensuring safety in rail traffic, the railway infrastructure manager shall suspend the rating when:

(a) The holder is detected at levels of alcohol 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 16.2 of this order have not been carried out in time and form.

c) An administrative infringement is committed under the terms of Articles 88 and 89 of the Rail Sector Law.

(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 check for the detection of alcohol consumption or of analytical indications of consumption of narcotic drugs, psychotropic or any other substances producing similar effects, carried out by sufficiently qualified and authorised staff, in accordance with the rules in force.

2. The railway infrastructure manager may also suspend the ratings, in accordance with the assessment criteria that it includes in its security management system, when the holders of the security management system commit an infringement. (a) a safety-related regulation in the movement or when they have been involved, with indications of a statutory infringement, in an accident or in a traffic incident which could have resulted in an accident.

3. If the authority responsible for railway safety finds, within its supervisory actions, that the holder of an authorisation has ceased to fulfil any of the requirements for obtaining or incurs any of the cases, the railway infrastructure manager shall be contacted by the railway infrastructure manager to request it either to carry out an additional inspection or to suspend the rating. The infrastructure manager shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum of four weeks. Independently of this, the authority responsible for railway safety may prohibit the exercise of the activity by a precautionary measure until it has received the report from the infrastructure manager.

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

(a) Credit again your physical fitness in the case of cases (a) and (d) of paragraph 1. In case (a) of that paragraph, at least a period of three months ' suspension shall elapse before the recovery of psycho-physical fitness can be credited again.

b) Superb the appropriate refresher and refresher courses in the case of paragraph 1 (b).

(c) comply with the administrative penalty to which the offence committed has occurred, or where the case is made in the case of cases (a) and (c) of paragraph 1, as well as in the case of paragraph 2.

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

(e) When the recovery procedure laid down in the safety management system of the railway infrastructure manager is completed, in the case of paragraph 2. Such a procedure may include courses of updating and recycling or accreditation of psycho-physical fitness.

4. The railway infrastructure manager shall revoke the rating when:

a) Exists a loss of any 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.

5. The procedure for suspension or, where appropriate, revocation of the habilitation shall be initiated on its own initiative with an audience of the person concerned, and its judgment in the cases of suspension or revocation shall be entered in the register referred to in the second subparagraph of the Additional provision eighth of this order and shall be communicated to the Special Railway Register. The duration of the proceedings shall not exceed three months. After the expiry of that period without notification of the decision on suspension or revocation, the procedure shall be terminated, which shall be declared by the appropriate resolution in which the file of the proceedings shall also be ordered. actions.

6. Applicants or holders of such ratings may, within one month of the date of issue of the issue, update, suspend or revoke the decisions relating to the issuing, updating, suspension or revocation of such decisions. notification of the refusal of issue or update, suspension or revocation of the rating, the time limit for issuing and notifying the three-month resolution. After that time limit, no express decision shall be deemed to have been dismissed. Decisions of the authority responsible for security may be brought before the administrative dispute. '

Five. Article 19 is worded as follows:

" 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) Responsible for load operations.

c) A manoeuvring vehicle operator.

d) Cabin auxiliary.

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 removal of the tail signals from the trains. It may also carry out, at the orders of the person responsible for the movement and when it has the required training, all the operations carried out by the holding of manoeuvres, except for the handling of the vehicles of the manoeuvres. The operation of the train's operating aid with manoeuvres also enables the performance of the work of the cabin auxiliary.

3. The habilitation of the cargo operations shall empower the holder to carry out the functions of supervision, management and, where appropriate, the execution of the loading and unloading of the goods carried by rail, between These include the conditioning of the load and its attachment to the towed material, which will ensure that they are carried out in accordance with the railway regulations and the procedures of the loading and railway undertakings. It is for the responsible security authority to establish, where appropriate, specialties corresponding to this enabling mode.

4. The rating of the operator of the manoeuvring vehicles gives the 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 railway regulations in force in the field of safety in the movement, displacement and handling of railway vehicles through their tracks, in operations associated with the activities of manoeuvres, classification, and withdrawal or supply of railway vehicles rolling stock to particular referrals, technical treatment centres or centres of maintenance of railway equipment. In any case, where the handling of the corresponding vehicles is necessary to leave the protected area for manoeuvring, the holder of this rating must be in possession of the driving licence.

5. The cab auxiliary rating entitles the holder to cooperate with the driver in the identification and compliance of the orders of the signals and other traffic requirements affecting him, as well as the use of the brake emergency and immobilization of the vehicle in emergency cases. "

Six. Article 20 is worded as follows:

" Article 20. Conditions for access to the training that enables the training of train operations to be obtained.

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

a) Haber turned eighteen.

b) Count, at least, with the degree of Undergraduate in compulsory secondary education or equivalent qualification for work purposes.

c) For those interested whose native language is not Spanish, credit a sufficient knowledge of the Spanish that allows the applicant to follow the training process. The accreditation must be carried out by means of a certificate issued by a language teaching centre officially recognised by the Ministry of Education, Culture and Sport. Approved training centres may, for the sole purpose of admission, carry out the language level assessment tests to the interested parties.

(d) Credit, by means of a certificate of physical fitness, issued by an approved centre of recognition, the conditions set out in Annex III to this order. The enabling of the responsible for cargo operations is exempted from this requirement. '

Seven. Article 21 (1) and (2) are amended as follows:

i) the following shall be drawn up as follows:

" 1. Obtaining the ratings provided for in this Title will require the improvement of the appropriate theoretical and practical tests to ensure a level of training and knowledge appropriate to carry out the functions for which The competent authorities of the Member States shall ensure that the competent authority of the competent authority of the Member State of the European Union is responsible for carrying out the activities referred to in paragraph

.

2. The content of the training programmes for obtaining the training of train operations by those responsible for safety in the movement of the railway entities is determined by the approved centre with which the railway undertakings are located. institutions have agreed to the formation of their respective staff the development of the same, establishing the hours of teaching and the typology and characteristics of the theoretical and practical tests to be overcome, sufficient knowledge of the existing rail safety legislation in the circulation.

This development proposal must be submitted to the person responsible for the safety in the movement of railway undertakings or the railway infrastructure manager for approval, in accordance with the provisions laid down in Article 18 of this order.

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

(a) With regard to the rating of a vehicle operator: At least a 100-hour equivalent reading load, of which 80 will correspond to a practical training and of these at least 40 will be used in the handling of railway vehicles inside the terminal. However, where the licence is available and the driving licence of category A shall be 60 hours, 40 of which shall correspond to practical training and of these 20 to driving with the railway vehicle to be operated. In any event, training for the purpose of obtaining this rating shall at least include knowledge of the part corresponding to the operator of the manoeuvres, the movement 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.

(b) Regarding the cabin aid rating: In general, the training shall include general and regulatory knowledge of the railway regulations in order to assist the driver in the event of a failure control, control and signalling systems during the operation, as well as knowledge of the use of emergency brake devices and the immobilisation of vehicles. In addition, in the case of extension of the habilitation for scheduled trains without control, command and signalling system for the non-existence of the same in the infrastructure, the training shall also include knowledge, particularised to the lines for which the rating is issued, on the signals, performance in degraded train protection situations and corresponding locks. '

Eight. Article 23 is worded as follows:

" Article 23. Suspension and revocation of the ratings. Resources in relation to the ratings.

1. For the purpose of ensuring safety in rail traffic, infrastructure managers and railway undertakings shall suspend the ratings when:

(a) The holder is detected at levels of alcohol 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 22.2 of this order have not been carried out in time and form.

c) An administrative infringement is committed under the terms of Articles 88 and 89 of the Rail Sector Law.

(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 check for the detection of alcohol consumption or of analytical indications of consumption of narcotic drugs, psychotropic or any other substances producing similar effects by sufficiently qualified and authorised staff for the purpose, in accordance with the rules in force.

2. In addition, the granting entity may suspend the ratings, in accordance with the assessment criteria that it includes in its security management system, when the holders of the ratings commit a regulatory infringement related to the security management system. security in circulation or when they have been involved, with indications of a statutory infringement, in an accident or in a traffic incident which could have resulted in an accident.

3. If the authority responsible for railway safety finds, within its supervisory actions, that the holder of an authorisation has ceased to fulfil any of the requirements for obtaining or incurs any of the cases, included in the two preceding paragraphs, it shall contact the granting entity to request it, either to carry out an additional inspection or to suspend the rating. The granting entity shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum of four weeks. Independently of this, the authority responsible for railway safety may prohibit the exercise of the activity by a precautionary measure until it has received the report of the granting entity.

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

(a) Credit again your physical fitness in the case of cases (a) and (d) of paragraph 1. In case (a) of that paragraph, at least a period of three months ' suspension shall elapse before the recovery of psycho-physical fitness can be credited again.

(b) comply with the sanction to which the offence committed has occurred, or where the case is made in the case of cases (a) and (c) of paragraph 1, as well as in the case of paragraph 2.

c) Suit appropriate refresher and refresher courses in case of case b) in paragraph 1.

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

(e) When the recovery procedure established in the security management system of the granting entity is completed, in the case of paragraph 2. Such a procedure may include refresher or refresher courses or accreditation of psycho-physical fitness.

5. Infrastructure managers and railway undertakings shall revoke the rating when:

a) Exists a loss of any 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 the final loss of the rating.

6. The decision of the suspension procedure or, where appropriate, revocation of the rating, shall, in the case of suspension or revocation, be entered in the register referred to in the second subparagraph of the eighth provision of this order and shall be communicate to the Special Railway Register and the security officer in the circulation of the entity that has granted such a rating. The duration of the proceedings shall not exceed 3 months. After the expiry of that period without the notification of the decision of suspension or revocation, the procedure shall expire, which shall be declared by means of the decision in which the file of the proceedings shall also be ordered. actions.

7. Applicants or holders of such ratings may, within one month of the date of issue of the issue, update, suspend or revoke the decisions relating to the issuing, updating, suspension or revocation of such decisions. notification of the refusal of issue or update, suspension or revocation of the rating, the time limit for issuing and notifying the three-month resolution. After that time limit, no express decision shall be deemed to have been dismissed. Decisions of the authority responsible for security may be brought before the administrative dispute. '

Nine. Article 26 is read as follows:

" Article 26. Conditions for access to the training enabling the enabling of the controller to control the maintenance of rolling stock.

Anyone who wants to access the training will be required to obtain the enabling of the maintenance of rolling stock control to be able to comply with the following conditions:

a) Haber turned eighteen.

(b) To provide at least one degree of Technical Training Technician of the Middle Grade related to the areas of maintenance of railway vehicles; or equivalent professional training in maintenance of other means of transport and, in this case, prove a minimum experience of two years in the performance of maintenance work of railway vehicles.

Alternatively, when you do not have the academic level referred to above, at least you must have a Basic Professional Training degree or the Professional Certification of having passed the Qualification Programs. Initial professional or equivalent professional qualification and credit for a minimum experience of five years in the performance of railway vehicle maintenance work.

c) For those interested whose native language is not Spanish, credit a sufficient knowledge of the Spanish that allows the applicant to follow the training process. The accreditation must be carried out by means of a certificate issued by a language teaching centre officially recognised by the Ministry of Education, Culture and Sport. Approved training centres may, for the sole purpose of admission, carry out the language level assessment tests to the interested parties. "

Ten. The heading of Article 29 is amended and new wording is given to paragraph 5, which is worded as follows:

" Article 29. Suspension and revocation of the rating. Resources in relation to the ratings.

5. Applicants or holders of such ratings may, within one month of the date of issue of the issue, update, suspend or revoke the decisions relating to the issuing, updating, suspension or revocation of such decisions. notification of the refusal of issue or update, suspension or revocation of the rating, the time limit for issuing and notifying the three-month resolution. After that time limit, no express decision shall be deemed to have been dismissed. Decisions of the authority responsible for security may be brought before the administrative dispute. '

Once. Article 30 is worded as follows:

" Article 30. Certification of train drivers. License and certificates. Duration of the training programmes.

1. Driving personnel operating on the General Interest Railway Network as a driver belonging to a railway undertaking provided with a safety certificate or to a railway infrastructure manager provided with a railway infrastructure Safety must possess the ability and qualification required to drive locomotives and trains, with the relevant driver certification in force, in accordance with the provisions of this Title.

The driver certification will be composed of two documents:

(a) A licence proving that the driver meets the minimum conditions laid down for general requirements and competences. The licence shall identify the driver and the licensing body and shall include the period of validity of the licence.

(b) One or more certificates in which the infrastructure for which the holder is authorised to drive shall be entered and the rolling stock which it is permitted to use shall be indicated.

2. In the absence of any Community legislation establishing it, the distribution of the number of hours of reading between the training programmes corresponding to the licence and the certificates of category A and B shall take into account that the overall number of hours of training is equivalent to that established in the Order FOM 2520/2006, of July 27, for the driving titles of category A and B and the driving ratings respectively.

The duration of the training programme required for obtaining the licence shall include at least one reading of four hundred and twenty-five hours, of which at least one hundred and twenty hours shall correspond to the practical training and of this, at least fifty-six hours will be effective driving practices in railway vehicles.

3. In order to obtain the certificate of driving of category B, the training provided for in the preceding paragraph must be supplemented by the general knowledge described in Article 40.2.a) of this order. It shall be obtained after a programme of training of 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 the training of at least one hundred and sixty hours be effective driving practices in rail vehicles.

In any case, in order to obtain the driving licences of category A and B, training on the knowledge referred to in Article 40.2.b) and c) of this order shall be required in accordance with the itineraries minimum training established by the authority responsible for railway safety under the seventh additional provision of this order. '

Twelve. Article 32 is worded as follows:

" Article 32. Conditions for accessing the training that allows you to obtain the driver's license.

To access the training that allows the driver's license to be licensed, the applicant must meet the following requirements:

(a) Count, at least, with the degree of Bachiller or Vocational Training Technician or equivalent to work effects.

b) For those interested whose native language is not Spanish, credit a sufficient knowledge of the Spanish that allows the applicant to follow the training process. The accreditation must be carried out by means of a certificate issued by a language teaching centre officially recognised by the Ministry of Education, Culture and Sport. In addition, approved training centres may, for the sole purpose of admission, carry out the language level assessment tests to the interested parties, in which case the test shall be carried out by means of a recognised examiner specifically in that area, among those referred to in Article 52a of this order.

(c) Credit, by means of a physical fitness certificate issued by an approved centre of recognition, the conditions set out in Annex IV to this order. '

Thirteen. Article 34 (3) and (4) are reworded, which are worded as follows:

" 3. For the conduct of the assessment tests, the authority responsible for railway safety, having regard to the criteria of independence, competence and impartiality, shall appoint a court of experts qualified by its experience. professional knowledge, which will be responsible for the supervision, control and evaluation of applicants. The chair of the said tribunal shall be a civil servant of the authority responsible for railway safety who shall coordinate and supervise the proper conduct of the tests as a whole and shall ensure strict compliance with the law. in force during the call. The court shall be composed of at least three members. Also within the composition of the court there will be at least one recognised examiner, who will be responsible for the direction of the assessment tests.

4. The circulations necessary for the conduct of the examinations shall be carried out in the tranches and schedules established by the administrator of the relevant infrastructure. Such circulations shall not apply to them for the use of the infrastructure, unless they constitute commercial circulations. The examinations may also use simulators to check the application of the operating rules and the behaviour of the applicant in particularly difficult and degraded situations. "

Fourteen. Article 35 is worded as follows:

" Article 35. Obtaining the license.

1. To obtain the license you will need to:

a) Haber turned twenty years old.

b) Curse the training programs.

c) Demonstrate general professional knowledge by overcoming the assessment tests that include the general subjects listed in Annex V.

(d) Justify psycho-physical fitness through the prescriptive medical certificate set out in Annex IV.

2. Once the assessment tests have been carried out, the authority responsible for railway safety shall inform the applicants, within a maximum of one month from the date of completion of the tests, of the results of the tests, giving, in their Case, the licence within the month following the date of communication of these results, prior to the payment of the corresponding fee provided for in the Law of the Railway Sector. Such license shall be entered in the Special Railway Register.

3. The licence shall be issued in a single copy. No duplicate shall be granted, except in the case of loss, theft, or duly accredited loss. "

Fifteen. The heading of Article 37 is amended and new wording is given to paragraphs 4 and 5, which are worded as follows:

" Article 37. Suspension and revocation of the licence. Resources regarding licenses.

4. The authority responsible for railway safety shall revoke the licence when:

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

b) It is derived from a sanctioning procedure that concludes in the definitive loss of the same.

(c) In accordance with Article 42, the certificate has been revoked for having produced, at least twice in a period of five years, the detection in its holder of levels of alcohol exceeding those authorised or analytical indications for the consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects, or the refusal to carry out the relevant tests.

5. The decisions to be taken by the responsible security authority in respect of licences shall exhaust the administrative route and shall be subject to the possibility of an application for replacement within a period of one month, the maximum time being for the dictate and notify the resolution of the month-long resource. After that period without any express decision, the appeal shall be dismissed. This is without prejudice to the right of the persons concerned to use the judicial-administrative court. "

Sixteen. Article 38 is worded as follows:

" Article 38. Certificates.

1. In addition to the driver's licence, the driver of the General Interest Railway Network shall have the certificate or certificates in place where the infrastructure for which the operator is responsible is registered. authorised to drive as the type or types of rolling stock that you are authorised to use. In accordance with Article 30, the certificate entitles the driver to drive one of the following categories of vehicle or both:

(a) Category A: Vehicles and manoeuvres; working trains at a maximum speed of 60 km/h and at a maximum distance of 140 km from the base to the work area and vice versa; railway vehicles used for the maintenance and construction of the railway infrastructure; and locomotives when they are used for the holding of manoeuvres.

(b) Category B: Passenger and/or freight transport trains and everything collected in Category A.

2. Those certificates shall be in accordance with the content of Annex VI of this order and shall be issued by the railway undertaking or by the infrastructure manager employing the driver on the proposal of the safety officer in the movement of the a railway entity in which the railway entity provides its services.

Without prejudice to the nomination of the holder, the certificate shall not be of a personal nature but shall belong to the granting entity and shall therefore lose its validity when the employment relationship with the latter is extinguished. The driver shall, in any case, have the right to obtain a certified copy thereof, in accordance with the Community model set out in Annex III to Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models of licences for the conduct of trains, supplementary certificates, certified copies of complementary certificates and application forms for train drivers licences, in application of Directive 2007 /59/EC of the European Parliament and of the Council Council, and all documents certifying their training, qualifications, experience and professional skills.

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

a) Propose the type and scope of driving certificates.

b) Check compliance by the applicant for the minimum conditions required to access the training required to obtain the certificates.

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

d) Approve the proposal for the development of the content of the training programmes and the assessment tests which the approved training centre has submitted.

4. Railway undertakings and, where appropriate, the railway infrastructure manager shall communicate to the railway safety authority the decisions they take in compliance with the provisions of the previous paragraph. '

seventeen. Article 39 is worded as follows:

" Article 39. Conditions for access to training to obtain driving certificates.

To access the training that permits to obtain the certificates of driving of railway vehicles will be required the fulfilment of the following conditions:

(a) Be the holder of a driver's licence issued by a Member State of the European Union.

(b) For those interested whose licences have been issued in other Member States of the European Union and whose native language is not Spanish, credit a sufficient knowledge of the Spanish which allows the applicant to adequate monitoring of the training process. Such accreditation shall be carried out by means of a certificate issued by an officially recognised language teaching centre. In addition, approved training centres may, for the sole purpose of admission, carry out linguistic level assessment tests with the interested parties, in order to verify that the applicant may carry out the training course. in an appropriate manner, in particular with regard to specific communication and terminology in relation to railway operations and safety procedures. '

Eighteen. Article 40 is worded as follows:

" Article 40. Training programs and evaluation tests for obtaining the certificates.

1. The procurement of certificates shall require the improvement of the relevant theoretical and practical assessment tests in accordance with Annex V in order to ensure a level of training and knowledge appropriate to carry out the functions for which

2. The training programmes shall comply with the criteria set out in Annex V. They shall in any case cover the following aspects:

a) Common general knowledge about rolling stock and infrastructure.

b) Specific knowledge about the particular vehicles and lines to be included in the certificate.

c) Particular knowledge in relation to the security management system of the operating company.

The authority responsible for railway safety may, by means of a decision of its Director, lay down guidelines and guidelines on the content of the relevant training programmes.

3. The training tasks related to the different professional knowledge required to obtain the certificates referred to in this Title as well as their recycling courses will necessarily be provided by approved centres to this order.

4. The training schedule, 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, at the request of the person responsible for safety in the circulation of railway entities, by approved training centres, in accordance with the relevant training programme.

In the case of applicants whose licences have been issued in other Member States of the European Union, a supplementary specific training programme must be designed to obtain certificates, depending on their accredited prior knowledge, enabling the knowledge of the subjects required in this order to be ensured for the certificates which they enable for circulation by the Railway Network of General Interest. These specific programmes, established by approved training centres on the basis of a proposal from the safety officer of the railway undertaking, shall be communicated to the authority responsible for railway safety on a prior basis. at startup.

In those cases where the training contents necessary for the certificate affect the general knowledge of paragraph 2.a) of this Article, they shall be communicated to the authority responsible for railway safety. Similarly, in these cases, the approved training centres shall, in advance of the conduct of the tests, communicate the content of the examination tests, the choice of examiners and the assessment criteria.

The authority responsible for railway safety may use the communications received in accordance with the above paragraph in its supervisory functions of the procedures of the railway safety management systems. safety of railway entities, relating to the training and qualification of staff.

5. At the end of each training course, theoretical and practical examinations will be carried out on the level of knowledge acquired by the applicants. The practical evaluation tests for obtaining the driving certificate, as well as the actual driving practices, shall be carried out on the lines of the General Interest Railway Network for which the rating is obtained or, in the Case of manoeuvres, in facilities connected to the same. Such circulations shall not apply to them for the use of the infrastructure, unless they constitute commercial circulations.

Simulators may be used in the examinations to check the application of the operating rules and the behaviour of the driver in particularly difficult and degraded situations.

6. The assessment tests shall be carried out in a court formed by examiners of the approved training centre and of the railway undertaking issuing the certificate, which shall also be the chair of the certificate, and shall be organised by a way that conflicts of interest cannot arise. The authority responsible for railway safety may designate observers to carry out such tests.

7. The assessment tests shall refer to the materials listed in Annex V.

8. At least every two years, courses for updating and recycling theoretical and practical knowledge shall be carried out for the holders of the certificates, the content of which shall be in accordance with the matters referred to in paragraph V. 3 of Annex V. In the framework of their procedures and together with the training centres, they shall establish assessments of the knowledge acquired in these courses, in order to verify their apprehension and their transfer to the tasks to be carried out.

Such courses should be carried out in any event when technological innovations or regulatory changes occur and when, in the opinion of the authority responsible for railway safety, this is considered.

9. During the first five years of the profession, the practical teaching load for obtaining the specific knowledge on the lines and vehicles for obtaining the certificate of the driving personnel to which the paragraph 2.b) of this article shall be twice as established as a general rule by the resolution of the seventh additional provision of this order.

10. The basic format of the document formalising the granting of the certificates shall be established by the authority responsible for railway safety and shall contain at least the information set out in Annex VI of this order.

11. Licences shall be issued in Spanish. However, the document in which they appear may also be drawn up in another official language at the place of their issue.

12. When a new certificate is obtained, the granting entity shall update the references to the approved rolling stock and infrastructure to the operator. '

nineteen. A new Article 40a is added with the following wording:

" Article 40a. Training courses for obtaining the minimum general knowledge required for category B certificates for driving personnel.

1. Without prejudice to the general rule set out in Article 40 for the training and assessment of driving licences, approved training centres, preferably in conjunction with the courses on licences and without which is necessary upon request of a railway undertaking, may request the provision of training corresponding to the minimum general knowledge required for category B certificates as described in Article 40.2.a) of this Regulation. order.

2. In this case, the procedure for the convening, organisation and evaluation shall be carried out in accordance with Articles 34 and 49, corresponding to the performance of the assessment test to the authority responsible for the railway safety.

3. Once the test has been passed, the authority responsible for railway safety shall, in addition to the licence, issue a diploma containing the name of the centre which provided the training, name of the holder, identity card, address, date and place of residence. birth of the holder, date of issue of the diploma and knowledge.

4. The safety officer of a railway undertaking shall take into account, for the issue of the certificates, the diploma of the authority responsible for railway safety, considering it as accreditation of the minimum general knowledge necessary for the category B certificate, without prejudice to any additional training or tests which it considers appropriate. In any case, the training corresponding to the knowledge in paragraph 40.2.b) and c) must be completed.

Whenever more than two years have elapsed since the obtaining of the said diploma without the holder having obtained a certificate of category B, prior to the issue of the certificate, the applicants must carry out a course of recycling, delivered by an approved training centre, similar to the one set out in Article 40.8 for certificates.

5. In order to obtain these diplomas, the employment relationship of the applicant to a railway entity will not be necessary, and they will not lose their validity in the case of low-employment in a railway entity. "

Twenty. Article 41 (5) is reworded, which is worded as follows:

" 5. Without prejudice to Article 64 of that order, in respect of the periods of validity of the certificate of physical fitness, any holder of a certificate shall, on the indication of his or her hierarchical superior, submit to the additional psychophysicists when any of the following circumstances:

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, by reason of illness or accident, the exercise of the tasks of driving railway vehicles for more than thirty days; as well as after a serious or very serious accident at work. All without prejudice to the provisions of Annex IV. "

Twenty-one. Article 42 is worded as follows:

" Article 42. Suspension and revocation of certificates. Resources regarding certificates.

1. For the purpose of ensuring safety in rail traffic the validity of the certificate shall be suspended when:

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

b) Not performed in time and forms the corresponding refresher and recycling courses.

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 of consumption of narcotic drugs, psychotropic or any other substances producing similar effects, carried out by sufficiently qualified and authorised staff, in accordance with the rules in force.

2. The granting entity may also suspend the certificate, in accordance with the assessment criteria that it includes in its security management system, when the holder commits a regulatory infringement related to security in the movement or when it has been involved, with indications of a statutory infringement, in an accident or in a traffic incident which could have resulted in an accident.

3. If the authority responsible for railway safety finds, in its inspection or control action, that the driver has failed to meet any of the requirements for obtaining the certificate or has incurred any of the following: (a) to be included in the two preceding paragraphs, to be contacted by the railway entity giving the same in order to request it or to carry out an additional inspection or to suspend the certificate. The granting entity shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum of four weeks. Independently of this, the authority responsible for railway safety may prohibit the use of such machinist from operating in the General Interest Railway Network until it has received the report of the granting entity.

If the responsible authority, or the railway infrastructure manager, considers that the state or performance of a driver poses a serious threat to railway safety, it shall take the necessary measures, which may include the request for the arrest of the train, and prohibit the driver temporarily from carrying out his activity by justifying the decision taken. In all cases, the above decisions shall be recorded in the relevant records and shall be communicated to the European Commission and other competent authorities, in the case of the impact of railway entities from other States members.

4. The holder may recover the validity of the suspended certificate when:

(a) Credit again your physical fitness, in the case of cases (a) and (d), of paragraph 1. In case (a) at least a period of at least three months of suspension shall elapse before the recovery of psycho-physical fitness can be credited again.

(b) Superb the appropriate refresher and refresher courses, in case of case b) of paragraph 1.

(c) comply with the administrative penalty to which the offence committed or the file has been committed, in the case of cases (a) and (c) of paragraph 1, as well as in the case of paragraph 2.

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

e) When the recovery procedure laid down in the security management system of the granting entity is completed, in the case of paragraph 2, the procedure may include refresher or refresher courses or accreditation of psycho-physical fitness.

5. The certificate shall be revoked if it derives from a sanctioning procedure which, if necessary, concludes in the final loss of the certificate, and in particular in the cases:

(a) for having detected at their holder levels of alcohol greater than those authorised or analytical indications for the consumption of narcotic drugs, psychotropic substances or any other substances producing similar effects, a minimum of twice in a period of five years,

(b) the refusal to carry out tests for the detection of the consumption of alcohol, narcotic drugs, psychotropic substances or other substances having similar effects, a minimum of twice in a period of five years.

6. The procedure for suspension or, where appropriate, revocation of the certificate shall be initiated on its own initiative by the railway undertaking with an audience of the person concerned, and its decision in the cases of suspension or revocation shall be recorded in the register referred to in the the second paragraph of the eighth provision of this order and shall be communicated to the Special Railway Register. The duration of the proceedings shall not exceed 3 months. After the expiry of that period without the notification of the suspension or revocation agreement, the procedure shall be terminated, which shall be declared by means of a decision in which the file of the proceedings shall also be ordered. actions.

7. Applicants or holders of licences may bring to the authority responsible for railway safety the decisions relating to the issue, update, suspension or revocation of such decisions within a period of one month from the date on which they are issued. notification of the refusal of issue or update, suspension or revocation of the certificate, the time limit for issuing and notifying the three-month resolution. After that time limit, no express decision shall be deemed to have been dismissed. Decisions of the authority responsible for security may be brought before the administrative dispute. '

Twenty-two. Article 47 (5) and (6) are reworded, which are worded as follows:

" 5. The railway infrastructure on which driving practices must be developed by applicants for obtaining licences and other enabling securities for the driving of railway vehicles regulated in this Order must be correspond, as a general rule, to the Railway Network of General Interest. However, at the request of the approved training centre, the authority responsible for railway safety may authorise the carrying out of driving practices on railway lines, terminals and facilities connected to that network.

The training practices of applicants for the provision of other regulated ratings in this order should, as a general rule, be carried out in the General Interest Railway Network; although the authority responsible for the Railway safety, at the request of the approved training centre, may authorise the performance of such practices in other places which it considers appropriate. The above requirement shall not apply to training in order to obtain the training of auxiliary train operations and to be responsible for cargo operations.

6. The circulations necessary for the conduct of the examinations shall be carried out in the Railway Network of General Interest. The infrastructure manager, at the request of the approved training centres, shall establish the sections, grooves and timetables for the circulations necessary for the conduct of the examinations and the practices which so require. Such circulations shall not apply to them for the use of the infrastructure, unless they constitute commercial circulations. "

Twenty-three. Article 51 is worded as follows:

" Article 51. Obligations of approved training centres.

1. The approved training centres shall be required to keep, for a period of five years, the files for each course, making them available to the railway safety authority, the railway undertaking and the railway undertaking. (a) of the case, of the rolling stock maintenance centres, with which they lay down conventions.

2. They shall also refer to the Special Rail Register, information on the data relating to that register of pupils who hold a driving licence who have exceeded the level of knowledge required in the relevant refresher and recycling courses.

3. Approved centres shall be responsible for verifying, prior to the start of the training, that the conditions for access to the training corresponding to the licences, certificates and ratings of this order are met. '

Twenty-four. Article 52 is worded as follows:

" Article 52. Call for exams. Examiners.

1. In each call for assessment tests for the purpose of obtaining the driving licence, the authority responsible for railway safety shall define the content of the tests on theoretical and practical knowledge, respecting the content the minimum set out in Annex V to this order, indicating the duration, number of questions or exercises to be carried out and criteria for their qualification.

The authority responsible for railway safety shall appoint to examine applicants a court in accordance with the provisions of Article 34.3 of this order.

In order to carry out the examinations the approved centres shall be obliged to make available to the authority responsible for railway safety the human and material resources and to provide the necessary collaboration, when they are required.

2. Calls for the award of ratings and certificates shall be restricted to the scope and procedures which have been agreed, as the case may be, by the infrastructure manager, the railway undertakings or the approved centres for 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. In the case of certificates, the content of such agreements shall be in accordance with the safety management system of each railway entity.

3. For the purposes of examinations for the purpose of obtaining driving licences, approved training centres shall have the character of examination centres as eligible entities for the assessment of train drivers.

In cases where there is only one examiner in a test, the examiner may not be the person who taught the student the specific subject matter of the examination. Both in this case and in cases where there are other examiners in the test in such circumstances, the assessment of the subjects given by those examiners shall be carried out by a separate examiner who has not participated in the examination. training of the student on this subject. "

Twenty-five. A new Article 52a is added with the following wording:

" Article 52a. Recognition of the examiners for obtaining the licence and the driving licences.

1. Persons wishing to apply for their qualification as recognised examiners shall be required to submit to the railway safety authority the relevant application and to sign a declaration, the model of which shall be approved by means of a resolution. by the authority responsible for railway safety, in which they demonstrate their commitment to act in an impartial, independent and non-discriminatory manner.

2. In general, the experience required of applicants for examiners recognised in relation to the subjects covered by the examination must correspond to a period of professional practice of not less than four years, developed within five years. prior to the date on which the application referred to in the previous paragraph is made. Their knowledge shall be up to date at the time of submission of the application. The five-year period provided for in this paragraph shall be extended for the same period as applicants have engaged in any of the forms of reconciliation of personal, family and work life provided for in the legislation in force on permits. and licences, where such a circumstance is duly accredited.

The period of professional experience may include, inter alia, stages as a driver manager in possession of a valid driver's licence and its complementary certificate, or as a trainer in tasks relevant to the driver's submitted request.

3. For practical examinations to be carried out on board trains, the examiner must have a valid driver's licence and a valid certificate relating to the subject of examination or a similar type of line/rolling stock, or, where appropriate, a certificate of Equivalent driving and ratings. If the examiner does not have a valid certificate for the infrastructure/rolling stock that is the subject of the examination, he shall be assisted during the examination by a driver who holds the relevant certificate for that infrastructure/rolling stock, compliance with what is set in this order.

4. In the case of new or newly-equipped lines or in the case of new rolling stock, as well as in other exceptional cases of a similar nature, and given that no recognised examiner can have a valid driving licence, the The authority responsible for railway safety may lay down the special conditions and requirements which shall be required of the examiners recognised in such cases, while respecting the minimum professional experience established in the case the previous paragraph, as well as the requirement for a driving licence.

5. In addition, applicants must prove that at least the following conditions are met:

(a) to have a degree of understanding and oral expression of the Spanish language equivalent to at least the B2 level of the 'European reference framework for linguistic competence' drawn up by the Council of Europe, be sufficiently accredited by officially recognised language teaching centre certificate;

(b) possess sufficient knowledge of the procedures of the examinations in which they are to participate and of the documentation used, as well as the pedagogical aptitude necessary for their performance;

c) to have a program of updating theoretical and practical knowledge in the subjects under examination;

d) be familiar with the driver certification system;

(e) in the case of examiners concerning language skills in the field of communication and specific terminology in relation to railway operations and safety procedures, certificates must be provided in accordance with normal practice in the field of language training, confirming its competence to examine in accordance with the principles and methodology of the 'European reference framework for linguistic competence' established by the Council of Europe.

The authority responsible for railway safety shall analyse the application and the documentation accompanying it and finally decide to grant, or where appropriate, to refuse recognition as an examiner and issue the credential corresponding. Against the resolution, the resources established by the current regulations will be available.

6. The certificate of recognition of an examiner shall be valid for five years, but the authority responsible for railway safety may reduce the period of validity in relation to all or part of the areas of competence. indicated in the credential in justified cases.

The holder of a valid recognition credential may at any time request his modification to add one or more areas of competence, providing the appropriate supplementary documents, and without the date of expiration of the modified recognition credential is affected.

7. If changes are made which will require the recognition of the recognition certificate to be changed because the requirements for one or more of the specified areas of competence have ceased to be fulfilled, the recognised examiner must leave immediately to examine in those areas of competence and inform in writing the authority responsible for railway safety, to update, where appropriate, the credential of recognition.

8. The recognition credentials must be renewed at the examiner's request and issued under the same conditions as the initial recognition credential. The authority responsible for railway safety may establish a simplified procedure for cases where the conditions for recognition do not change.

9. If, following the assessment or supervision carried out by the railway safety authority, it is observed that an examiner does not meet the requirements for recognition, that responsible authority shall withdraw or suspend the credential of the corresponding recognition.

If the railway safety authority finds that an examiner recognised by the competent authority of another Member State does not comply with one or more of the requirements of Directive 2007 /59/EC and of the Decision 2011 /765/EU, shall inform the competent authority of the Member State which granted the recognition credential and request that the recognition credential be carried out by the competent authority.

10. The authority responsible for railway safety shall register recognised examiners within a new sub-section, so called, which shall be included in Section 4 of the Special Railway Register and shall make the necessary data public. In order to keep the register up to date, the recognised examiners shall inform the railway safety authority of any changes to the data contained therein.

In the same way, in the section of approved centres for the training of railway staff of the Special Railway Register, following the relationship of the instructor staff of each approved centre, the relationship of the staff examiner of each of these centres.

11. By resolution of the authority responsible for railway safety, published in the 'BOE', the systems of application for recognition shall be developed as an examiner, concession, validity, modification, renewal and revocation of the examination and registration credentials of the same. "

Twenty-six. Article 53 (2) is amended as follows: it is worded as follows:

" 2) Approved centres shall provide the authority responsible for railway safety with the information related to the training of the pupils required as a result of the action taken by the inspection.

Regardless of the above, in any case, before 30 June each year, the centres shall submit an annual report of the activities carried out during the previous year, in which they shall consist of:

a) Detailed information about the courses taught and their results.

b) Description of any changes to their means, procedures or conditions which have been the basis of their approval.

(c) Information on the implementation of its internal management system to ensure the quality of the training and the proper functioning of the centre, in particular on:

-Training quality control procedures.

-Continuous staff training and equipment upgrades.

-Plan and program results, using indicators of their compliance.

-Quality internal audit results. "

Twenty-seven. Article 55 is worded as follows:

" Article 55. 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 given in accordance with the requirements set out in this order.

3. A responsible as the director of the center, with professional experience in the field of training and with an official university degree, degree or Master's degree or equivalent.

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

1. At least one person is responsible for the theoretical training staff, who will have an official university degree, degree or Master's degree or equivalent, and accredit a professional and teaching experience sufficient in the materials that make up the training.

2. The training of trainers required for licences and driving licences in possession of the driver's licence in force and a valid certificate covering the treated matter, or a similar type of line or rolling stock, and with a minimum professional experience of three years in the driving of trains or locomotives.

The authority responsible for railway safety shall, at the reasoned request of each approved centre, decide on the similarity of lines or rolling stock for the purposes of the validity of the certificates, in accordance with the set in the preceding paragraph.

In the case of the training of driving licences, if the trainer does not have such a certificate, it shall be ensured that a driver holding such a certificate is present in the training.

3. At least one person is responsible for the training staff for the training courses provided for in this order, which will have to prove an experience in the functions corresponding to the ratings. whose training is provided for at least four years for the training of the person responsible for movement, and for three years for the remainder of the ratings, except for exceptional cases expressly authorised, on a case by case basis, by the authority responsible for railway safety.

(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. Classics of theoretical classes, with an average surface area of approximately 2.5 square metres per pupil, with the furniture and teaching means appropriate to the number of pupils and the courses and contents provided for in the project teacher.

2. º Facilities for the realization of the practices that correspond to the formation to be imparted. They shall have the consideration of training facilities, in the case of a licence or a driving licence, the cabs of the railway vehicles and the workshops where they are maintained. For the ratings, the stations, the command posts, the terminals, the workshops and other railway installations where the activity for which it is intended to be provided may be considered as a practice facility.

3. A suitable file system for documentation for your staff and students, training programs, and teaching activities to do.

4. The centers must meet the conditions of habitability and safety required by the current regulations.

(d) Agreements, where appropriate, with railway entities for the conduct of driving practices accompanied by a driver with the licence and the corresponding certificate.

(e) An internal management system, which ensures that the provision of the services it provides to the rail system is, at least, compliant with the rules and requirements laid down in European and national rules which regulate. "

Twenty-eight. Article 57 (2) and (8) are reworded, which are worded as follows:

" 2. The application for approval of a training centre may be accompanied by the documentation which the applicant considers appropriate for a better understanding and assessment of his/her request. In any case the following documents must be attached:

(a) In the case of commercial companies, the writing of the constitution and, where applicable, of modification, registered in the Commercial Registry, in which the social capital is established at the time of the application. In the case of foundations, the writing of constitution and the registration of the same in the corresponding Register of Foundations. In the case of centres dependent on a railway entity, the writing of the railway entity or, where applicable, the legal references to the status of the business public entity on which it is based.

(b) A statement responsible for not being in any of the cases listed in Article 54.3 where it is not possible to provide the corresponding certificates. Administrators or managers of entities applying for type-approval and having a foreign nationality must present a certificate issued by the competent body of their State in which it is stated that they are not in any of the of the assumptions expressed in that Article.

c) A copy of the inner status of the center.

d) An organization chart of the organizational structure of the center in which the principal responsible for the organization is included in the different training areas.

e) A teaching project of the training centre in which the teaching programmes of each course and subject are to be taught. The project shall determine the average annual rate and rate of the number of pupils to be provided and the teaching staff to which it will be provided. The procedures available to keep up to date the methods, instruments and training equipment, including bibliography on training, software and, where appropriate, documentation provided by the Commission, will also be indicated. the railway infrastructure manager and the planned plan to provide skills management, ongoing training and measures to keep the professional qualifications of its former staff up to date.

(f) 'Curriculum vitae' ' of those responsible for the management of the centre and of theoretical and practical training, including, inter alia, the licence, certificates, ratings and other qualifications and diplomas with which they are held, if applicable.

(g) 'Curriculum vitae' ' of the other instructor staff with which the centre counts, indicating among other data, the licence, certificates, ratings and other qualifications and diplomas with which they have, where appropriate.

(h) Copy, where appropriate, of agreements concluded with railway entities 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) Description of the internal management system that describes procedures to ensure compliance with legal requirements.

k) Plan for the Prevention of Occupational Risks for the exercise of their activity.

(l) Indication of the systems with which it shall communicate with the railway safety authority, the railway infrastructure manager and, where appropriate, the undertakings operating in the sector Rail for whose workers it plans to carry out training activities.

m) Documentation to demonstrate compliance with financial capacity requirements.

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

o) Documentation supporting the legal personality of the petitioner and, where applicable, the representative and the power with which he acts.

In the event that any additional documentation is required under this paragraph, the applicant shall have 15 days, from the date on which it is required, to submit the documentation to be submitted by the applicant. and complete the delivery along with the request. Failure to submit the relevant documentation within the prescribed period shall be sufficient grounds for the refusal of the application for approval.

8. The decisions of the safety authority shall exhaust the administrative route and shall be subject to the possibility of an application for replacement within a period of one month, the maximum time being for the issuing and notification of the decision of the competent authority. One month's resource. After that period without any express decision, the appeal shall be dismissed. This is without prejudice to the right of the persons concerned to use the judicial-administrative court. "

Twenty-nine. Article 58 (3) is reworded, which is worded as follows:

" 3. Without prejudice to the above, the authority responsible for railway safety shall carry out inspections of approved training centres on an annual basis, and where there are reasonable doubts as to possible non-compliance with the requirements laid down in this Regulation. they are due to them. "

Thirty. Article 59 (6) is amended as follows:

shall read as follows:

" 6. The decisions of the safety authority shall exhaust the administrative route and shall be subject to the possibility of an application for replacement within a period of one month, the maximum time being for the issuing and notification of the decision of the competent authority. One month's resource. After that period without any express decision, the appeal shall be dismissed. This is without prejudice to the right of the persons concerned to use the judicial-administrative court. "

Thirty-one. Article 62 (3) is hereby reworded, which is worded as follows:

" 3. The person to be tested for psycho-physical evaluation shall contribute to the approved medical examination centre where he is to make an affidavit containing the data on his health status, medical history as well as, in their case, prescribed medication and medical reports in this respect, for the purpose of testing by the medical staff. That declaration shall contain at least the data set out in Annex VII. You will be made aware that you are required to present such a complete and accurate statement as your knowledge of these details will enable you. "

Thirty-two. A new paragraph 5 is added to Article 63 with the following wording:

" 5. Certificates shall be classified as personal within the following categories:

(a) Apto: the one who fulfils all the psycho-physical conditions provided for in this order for the obtaining or renewal of his enabling title.

b) Not eligible: that which does not meet all of the psycho-physical conditions laid down in this order for the obtaining or renewal of its enabling title.

(c) Not temporary: the person who does not comply with the psycho-physical conditions laid down in this order for the obtaining or renewal of his/her enabling title, because it can be remedied within a limited period of time. In this case, a new review may be submitted within the time limit indicated by the doctor. During that period, the corresponding enabling title shall be suspended. '

Thirty-three. A new Article 63a is added with the following wording:

" Article 63a. Retrieving certificates with the result of No Apto.

In cases where a certificate is issued with a result of 'not fit', the person concerned may request a new recognition confirming that decision or check whether the conditions which motivated him have changed. The new recognition, which may be requested in the same or another approved centre, must comply with the following conditions:

(a) A minimum period of at least three months shall elapse between the two recognitions.

(b) The applicant shall be required to disclose to the second centre the prior existence of an 'unfit' and the reasons which justified it.

In the event that, as a result of this second assessment, the medical recognition centre considers it appropriate to change the final assessment to 'fit', it must be brought to the attention of the safety authority. railway, for registration in the Special Railway Register, and as well as the first center that issued the certificate with a result of '' unfit ''.

Thirty-four. Article 64 is worded as follows:

" Article 64. Validity of certificates of psycho-physical fitness.

1. The certificate of physical fitness for driving personnel shall be valid for a period of one year from the date of issue, with the exception of paragraph 4.

However, the approved medical examination centre may prescribe more frequent psycho-physical fitness tests, if required by the health status of the worker.

All without prejudice to the mandatory recognitions laid down in Article 41.5 of this order and those that may be requested by railway entities in respect of workers removed from the service for reasons of safety in the circulation.

2. The certificate of physical fitness for the rest of the railway staff shall be valid for 5 years, with the exception of paragraph 4. From the age of 50, the period of validity shall be reduced to three years and from 60 to one year. The ages referred to above shall be taken into account at the time of completion of the physical fitness tests.

3. The period of validity of the psycho-physical fitness certificate may be reduced, in specific cases, by the approved centre, depending on the results of the tests carried out.

4. If the renewal of a certificate is completed within 30 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 date of application of the certificate. specified in the preceding paragraphs. "

Thirty-five. Article 65 (1) is amended as follows:

shall read as follows:

" 1. Medical recognition centres which have been approved shall be required to keep the personal clinical records of each assessment for 10 years, making them available to the authority responsible for railway safety, and of the public entities and railway undertakings with which they lay down conventions. This obligation may be completed by electronic means provided that the content of such clinical files is sufficiently accredited. All this, without prejudice to the enforcement of personal data protection legislation. "

Thirty-six. Article 66 (2) is hereby reworded, which is worded as follows:

" 2) The centres shall provide the authority responsible for railway safety with information related to the assessment of the psycho-physical capacity of railway personnel as a result of the inspection actions.

Regardless of the above, in any case, before 30 June each year, the centres shall submit an annual report of the activities carried out during the previous year, in which they shall consist of:

a) Detailed information about the activities performed, including the acknowledgements performed and the results of '' unfit ''.

b) Description of any changes to their means, procedures or conditions which have been the basis of their approval.

(c) Information on the implementation of its internal management system to ensure the quality of recognition and the proper functioning of the centre, in particular on:

-Continuous staff training and equipment upgrades.

-Plan and program results, using indicators of their compliance.

-Quality internal audit results. "

Thirty-seven. Article 68 is worded as follows:

" Article 68. 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 documentation demonstrating that:

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

2. A director of the center, with professional experience and with an official university degree or degree or Master's degree.

(b) The staff of the centre shall be composed of at least:

1. A medical officer in the center, who is in possession of the degree in medicine or medicine and surgery and with an experience of at least three years in the assessment of fitness in the areas of transport.

2. A psychological officer in the center who holds the degree in psychology and with an experience of at least three years in the evaluation of psychological fitness in the fields of transport.

3. trained staff and in sufficient numbers to recognize and evaluate psycho-physical capacity. To this end, the staff establishment of the centre must have at least one graduate in medicine or in medicine and surgery, who may agree with the medical officer of the centre, a graduate in psychology, who may agree with him. responsible for the center 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. The material means and apparatus necessary for the performance of the medical tests required to evaluate the requirements of this order, including test tests necessary for psychological recognition.

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

(d) An internal management system, which ensures that the provision of the services it supplies to the rail system is, at least, compliant with the rules and requirements laid down in European and national rules which regulate. "

Thirty-eight. Two new paragraphs (n) and (o) are added to Article 70 (2) and paragraph 7 is amended as follows:

" n) Description of the internal management system of procedures to ensure compliance with legal requirements.

o) A continuing training plan for doctors and psychologists in the centre, including their expertise in transport matters.

7. The decisions of the safety authority shall exhaust the administrative route and shall be subject to the possibility of an application for replacement within a period of one month, the maximum time being for the issuing and notification of the decision of the competent authority. One month's resource. After that period without any express decision, the appeal shall be dismissed. This is without prejudice to the right of the persons concerned to use the judicial-administrative court. "

Thirty-nine. Article 71 (3) is amended as follows:

shall read as follows:

" 3. Without prejudice to the foregoing, the authority responsible for railway safety shall carry out inspections of the centres on an annual basis, and where there are reasonable doubts as to possible breaches of the requirements which may be required of them. same. "

Forty. Article 72 (6) shall be amended as

:

" 6. The decisions of the safety authority shall exhaust the administrative route and shall be subject to the possibility of an application for replacement within a period of one month, the maximum time being for the issuing and notification of the decision of the competent authority. One month's resource. After that period without any express decision, the appeal shall be dismissed. This is without prejudice to the right of the persons concerned to use the judicial-administrative court. "

Forty-one. New wording is given to paragraphs 1 and 2 of the third additional provision, which are worded as follows:

" 1. Licences for train drivers issued by the other Member States of the European Union in accordance with Community rules shall be valid in the Spanish State. For reasons of safety in the movement, they shall demonstrate the knowledge requirement of the Spanish language corresponding to level B1, in accordance with the provisions of Directive 2014 /82/EU of the Commission of 24 June 2014 amending the Directive 2007 /59/EC of the European Parliament and of the Council as regards general professional knowledge, medical requirements and licensing requirements.

2. The accreditation of the knowledge of the Spanish language referred to in the previous paragraph may be carried out, inter alia, by a certificate issued by an officially recognised language teaching centre or through a certificate. issued by an approved railway staff training centre. To this end, the approved training centres may carry out evaluation tests on the interested parties, in order to check their language skills in the railway field, in which case the test shall be carried out by means of a recognised examiner. specifically in that scope. "

Forty-two. The sixth additional provision is worded as follows:

" Additional disposal sixth. 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 recognition centres, for the purpose of obtaining and preserving the effectiveness of the enabling titles which require it, such and as set out in this order, specific tests will be carried out to detect alcohol consumption and analytical indications of drug use of abuse and psychoactive substances. To this end, the staff shall subscribe to an informed consent, the minimum content of which shall be that of the model in Annex VIII.

2. The Ministry of Public Works, either directly or through the qualified body it determines, in the exercise of its powers of inspection of the railway activities conferred on it by article 86 of the Law of the Railway Sector and in matter The investigation of accidents in the Regulations of the Railway Sector, may order when it is considered the carrying out of controls to detect consumption of alcohol and analytical indications of consumption of drugs of abuse and substances psychoactive, of the staff of the categories subject to this order.

3. Railway infrastructure managers and railway undertakings, within the procedures of their safety management systems in order to comply with the regulatory regulations on safety in the railway and road traffic inspection and investigation of accidents and incidents in which they are involved, shall programme and carry out random checks for the detection of rates of alcohol and drugs of abuse and psychoactive substances between all personnel enabled by them.

These checks must be carried out on the movement, infrastructure, driving and train operations personnel, which are regulated in this Order, in the exercise of their professional activity.

The above procedures will establish which personnel are authorized to perform the control tests and the precise qualification.

4. The result obtained after the tests for the consumption of alcohol will be considered positive when the alcohol consumption exceeds the maximum alcohol rates laid down in the 11th additional provision of Royal Decree 2387/2004, 30 of December, for which the Regulations of the Railway Sector are approved.

5. The result obtained after testing for the use of drugs of abuse and psychoactive substances shall be considered to be positive if there are analytical indications of those substances.

Railway entities shall control at least the following substances: amphetamines, benzodiazepines, cocaine, methamphetamine, opiates and cannabis.

To do this, the biological matrices of saliva-oral fluid in the first instance and by chromatographic analysis as a method of confirmation will be used. Additionally, staff may request an additional contrast test consisting of blood tests.

6. 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 the clinical analysis laboratory shall be agreed to perform all samples which are positive for a second test which is considered to be confirmatory, and which shall be carried out with a more sensitive analytical method of confirmation, able to validate the results obtained. The final report of the laboratory shall specify the technique used and the concentration of the substance or substances detected.

7. If the result of one of the tests allows to detect that the maximum rate of alcohol set in Royal Decree 2387/2004, 30 December, by which the Regulations of the Railway Sector is approved, or that there are indications The use of drugs for abuse and/or psychoactive substances shall be carried out as follows:

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

(b) In random checks, the provisions of this order shall apply, for each case, in each of the enabling titles held by the person under this control. "

Forty-three. A new additional provision is added thirteenth with the following wording:

" Additional Disposition thirteenth. Validation of academic requirements for access to category B driving licences to staff with licences from the exchange of other enabling securities.

Driving personnel with a licence and certificate of category A from a process of exchange of a title of those established in Order FOM 2520/2006 or of an authorisation to drive through the network of metric width of the FEVE, but which does not have the academic qualification of a secondary or a secondary degree or equivalent for work purposes, which intends to have access to a category B certificate, will have to prove the performance for at least 4 years of the functions covered by a category A driving certificate '

Forty-four. A new fourteenth provision is added with the following wording:

" Additional disposition fourteenth. Medicinal products that may disturb or decrease the psycho-physical faculties of driving or driving personnel.

1. It shall be the responsibility of the staff concerned to bring to the attention of the doctors who are to prescribe a medical treatment, the requirements of their duties at their job, requesting that they be kept on record in their medical records, that such doctors assess their compatibility with the prescribed medication.

Practitioners will have to take into account these demands of the railway staff's job before prescribing medicines, in order to decide whether they can be replaced by others or if the person cannot take them to Your usual task. As a reference, all those who have been classified as susceptible to "reduce the ability to drive or operate machinery" by the Spanish Agency for Medicines and Health Products will be avoided and include the corresponding warning in its package leaflet and a specific symbol in its outer carton, in accordance with Royal Decree 1345/2007 of 11 October 2007 regulating the procedure for the authorisation, registration and dispensing of medicinal products for use industrially manufactured human.

2. The entities, within the procedures of their safety management systems, shall schedule training and awareness-raising activities on the responsible use of the medicinal products.

In particular, they shall have control measures to avoid in any event the performance of the activities under the effects of the substances listed in paragraph 1 of Annex IX.

For this purpose, at the same time as controls for the detection of alcohol consumption or of analytical indications of consumption of drugs of abuse and psychoactive substances, which are detailed in the additional provision sixth, they will carry out at least the active substances which may affect performance, as listed in paragraph 2 of Annex IX to this order. '

Forty-five. A new additional 15th provision is added with the following wording:

" Additional Disposition 15th. Psychological evaluation tests for psycho-physical examinations of driving personnel.

1. The Ministry of Public Works, directly or through a qualified body, shall, within a period of one year, develop the tools for assessing the psychological capacity for driving personnel to be used by the approved centres of psycho-physical recognition.

2. In such cases, such centres shall have a duty of confidentiality on such evidence and shall have the right and proper use of such evidence. Failure to comply with this obligation may lead to the revocation of the approval as a medical examination centre.

3. In the absence of such tests, the authority responsible for railway safety may issue interpretative recommendations on the appropriate ranges to assess the different psychological variables. '

Forty-six. The second transitional provision is worded as follows:

" Second transient disposition. Scheme applicable to staff and centres which provided their services to the business public entity Railway de Via Estrela (FEVE) at the time of its extinction.

1. The staff authorised by the entity FEVE at the time of its extinction, 31 December 2012, to carry out activities related to safety in the movement on the railway network of general interest of metric width, shall be understood as authorised to continue to carry out those duties, in accordance with the provisions of point (e) of the additional octagesima ninth provision of Law 17/2012 of 27 December 2013 on the general budget of the State for the year 2013.

2. For the purpose of having the corresponding accreditation available on the basis of this order, the following recognition process is established:

a) For driving personnel:

The authority responsible for railway safety, after accreditation by railway entities that the staff was subject to the conditions of paragraph 1, shall issue a driver's licence and a licence. a diploma on the knowledge of the general knowledge referred to in Article 40.2.a), which is necessary for the category B driving certificate, which may be considered to be automatically accredited by the functions performed on the network metric width.

This diploma shall be personal and shall not require the applicant's employment to be linked to a railway entity and shall not lapse in the case of a railway entity, maintaining its validity provided that the recycling courses referred to in Article 40.8.

In the light of the above accredited diploma of the authority responsible for railway safety, and of the training which, where appropriate, each entity considers relevant to the system of own security management, the institutions Railway undertakings may issue a category B certificate limited exclusively in their field to the metric wide network. It shall include the vehicles and lines for which it was authorised in the FEVS.

In order to obtain a category B certificate that allows them to exercise in the rest of the network, they will have to carry out a complementary course that completes their training with the contents of the rest of the network, and whose itinerary will be defined by the resolution of the authority responsible for railway safety defined in the additional provision seventh.

These category B certificates of restricted scope to the metric width network shall be exclusive to the personnel subject to this provision and shall be extinguished when the driver ceases his professional activity or completes the process. to obtain an unrestricted category B certificate.

This recognition process must be completed within one year of the publication of this Order.

(b) For the rest of the staff carrying out security duties, infrastructure managers and railway undertakings shall issue the enabling securities, from among those referred to in this order, which they may consider equivalent to the functions authorised in the extinct FEVE. In this case, the recognition process shall be completed within one year of the publication of this Order.

3. Exclusively within this process of recognition of qualifications, the staff subject to this provision will be considered to be validated for the fulfilment of the minimum academic level requirements in this order in order to be able to access the training.

In terms of the psycho-physical criteria collected in this order, the personnel will be subject to their compliance, which must be credited prior to the issuance of the new enabling titles.

4. Upon the issuance of the new enabling securities, such documents shall be subject to the conditions of validity, suspension and revocation established in each case in this order.

5. In relation to the centres of psycho-physical recognition and training which, by 31 December 2012, are providing such services for the metric wide network, they shall be considered as authorised to continue exercising the tasks of the order in relation to that network.

However, such centres shall ask the safety authority for the relevant type-approval before six months after the entry into force of this order, in accordance with the procedure laid down in this Regulation. provided for in the same. In the event that the psycho-physical and training centres providing services for the metric-wide network are integrated into other previously approved centres, the corresponding extension of the type-approval shall be requested in the same period. '

Forty-seven. The third transitional provision is amended, which is worded as follows:

" Transitional provision third. Cabin auxiliary ratings.

1. The cab auxiliary rating provided for in Article 19.1 (d) of this order shall not be required until the figure of the cabin auxiliary in the railway traffic regulations referred to in the additional provision is created. The 14th of the Law 39/2003, of 17 November, of the Railway Sector.

2. Personnel authorised by railway undertakings to perform functions similar to those of the cabin aid referred to in this order may be authorised by railway undertakings to continue to perform those duties.

However, within one year, the railway undertakings shall issue the appropriate supporting documentation of the rating, subject to the accreditation of the psycho-physical requirements in this order and of the corresponding supplementary training for the recycling and adequacy of their theoretical and practical knowledge.

Such documents shall be subject to the conditions of validity, suspension and revocation established in this order.

3. Within this process of recognition of enabling qualifications, the staff subject to this provision shall be deemed to have been satisfied with the fulfilment of the minimum academic level requirements laid down in this order in order to be able to access the training, by virtue of their accumulated professional experience and continuing training in railway undertakings. "

Forty-eight. The fourth transitional provision is amended, which is worded as follows:

" Transitional provision fourth. Load operations manager enablement.

1. The requirement for the enabling title of responsible for cargo operations shall take place one year after the entry into force of this order.

2. During that year the staff who at the time of entry into force of this order is authorized by the railway undertakings to carry out charger functions, according to the initial wording of Order 2872/2010, may be enabled by such companies as responsible for load operations in the following assumptions:

a) By accreditation of a minimum two-year experience as a charger.

b) Prior to a specific training course.

In both cases, compliance with the minimum academic level requirements for access to the training of the load operations manager shall be deemed to be validated. "

Forty-nine. The eighth transitional provision is worded as follows:

" Transient disposition octave. Temporary validity of Title V of Order FOM 2520/2006, of July 27.

Title V of Order FOM 2520/2006 of 27 July determining the conditions for the acquisition of securities and ratings enabling the exercise of the functions of railway personnel related to the security, as well as the arrangements for training centres for such staff and for the assessment of their psycho-physical fitness, shall remain in force until 11 January 2019, the date on which it shall be replaced by Title VI of this order, all in accordance with the timetable set out in the third final provision.

However, the requirements set out in this Order in relation to training and knowledge-recycling programmes shall apply to the driving titles listed in Order 2520/2006. theoretical and practical and their periods of validity, as well as in relation to the psycho-physical requirements of the driving force, and the periods of validity of the relevant examinations.

The driving title A set out in Order 2520/2006 shall also be deemed to have the power for the same functions as the certificate of category A as set out in Article 38.1 of this order, provided that it is complemely with the due ratings. "

Fifty. A new transitional provision is added with the following wording:

" Transient disposition tenth. Periods of validity of training and psycho-physical examinations of driving personnel.

All training recyclings or psychophysical acknowledgements in force at the time of entry into force of this Order shall remain in place until the end of their initially established period of validity. "

Fifty-one. A new transitional provision is added, eleventh with the following wording:

" Transient Disposition eleventh. Validity of the approval of the psycho-physical recognition centres.

Medical centres approved at the time of entry into force of this order shall keep their approval valid until the date of their next renewal, at which time they must prove compliance with the new requirements. introduced with this order, in particular those relating to the medical officer of the centre. "

Fifty-two. A new transitional provision is added twelfth with the following wording:

" Transient disposition twelfth. State Agency for Railway Safety.

As long as the State Agency for Railway Safety referred to in the fifth subparagraph of paragraph 1 of the third provision of Law 28/2006, of 18 July, of State Agencies is not put into operation, the improvement of public services, the functions of authority responsible for railway safety shall be carried out by the Directorate General of Railways of the Ministry of Public Works, in accordance with the provisions of the transitional provision eighth of the Law of the Railway Sector and in Article 2.v) of Royal Decree 1434/2010, of 5 of November, on the interoperability of the rail system of the General Interest Railway Network.

The resolutions that the General Directorate of Railways will dictate under this order will not end the administrative route and will be able to appeal to the public, in accordance with the provisions of the law. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. "

Fifty-three. Paragraph 1.c.1 of the third final provision is amended and read as follows:

" c.1. Category A driving titles and corresponding driving ratings. Within six months of the entry into force of this order, the driving licences of category A and the driving licences shall be exchanged for the corresponding driver's licences and category A certificates, in accordance with this order. This process must be completed within 1 year of the date of entry into force. "

Fifty-four. A new fifth final provision is added with the following wording:

" Final layout fifth. Naming modification.

1. All references in this order to the Directorate-General for Railway Infrastructure shall be understood as being made to the authority responsible for railway safety.

2. All references to the Railway Infrastructure Manager in the order shall be construed as being made to railway infrastructure managers. '

Fifty-five. A new sixth final provision is added with the following wording:

" Final Disposition sixth. Competence title.

This ministerial order is issued under the provisions of Article 149.1. 21ª of the Spanish Constitution, which attributes to the State exclusive competence in the field of railways and land transports that pass through the territory of more than one autonomous community. "

Fifty-six. A new final disposition seventh is added with the following wording:

" Final Disposition seventh. Incorporation of European Union law.

This order incorporates into Spanish law Directive 2007 /59/EC of the European Parliament and of the Council on the certification of train drivers for locomotives and trains in the Community rail system. "

Fifty-seven. Annex III is amended as

:

" ANNEX III

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

General requirements

You should not have a disease or take medication, drugs, or substances that may cause the following effects:

-sudden loss of consciousness;

-Decrease of attention or concentration;

-Sudden inability;

-Loss of balance or coordination;

-Significant Limitation of Mobility.

1. For the case of the Train Operations Auxiliary.

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 decimal 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. 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 favourable ophthalmological report.

8. In the case where the scope of the rating includes the performance of manoeuvres, normal chromatic sense with the Ishihara test and, if necessary, confirmed with another test.

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 the frequencies of 500, 1,000 and 2,000 Hz that meets the following conditions:

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.

2. Loss at 4,000 Hz:

Do not exceed 65 dB H.L., in any 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 Vestibular System Failures.

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).

2. For operator of manoeuvring vehicles.

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 decimal 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. º binocular vision present.

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

3. º Response time to normal glare.

4. Normal luminous sense.

5. Normal stereoscopic view.

6. Full Visual Field.

7. The integrity of the eyes and their yew.

8. ° Fusion present.

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 to be evaluated again, and in any case should present a favorable 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 the frequencies of 500, 1,000 and 2,000 Hz that meets the following conditions:

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.

2. Loss at 4,000 Hz:

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 Vestibular System Failures.

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).

3. For the case of the cabin Auxiliary.

General requirements:

In the assessment of the general requirements, account will be taken of the exceptional circumstances in which the staff of this category may be required, as well as the possible alternative measures implemented in the regulations and in the case of safety management systems in the event of their absence.

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 decimal 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. 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 favourable ophthalmological report.

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

Hearing:

a) Hearing sufficient, without or with hearing prostheses, confirmed by an audiogram, that is, sufficient hearing to maintain a telephone or in-person conversation at an average distance of 4 meters or 2 meters on the worst side and be able to hear alert tones, alarm sounds, warnings from the usual working tools of the environment, and radio messages.

b) Other otorhinolaryngological conditions:

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

2. No Vestibular System Failures.

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).

d) Behaviour-Personality (emotional self-control, behavioral reliability, responsibility, psychopathology, autonomy). "

Fifty-eight. Annex IV is amended as follows:

" ANNEX IV

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

IV.1) Psychophysical Capacity Conditions

The criteria for the assessment of psycho-physical capacity in driving personnel will aim to rule out possible deficiencies, limitations, loss of sensory, cognitive and motor functions that may be trigger, suddenly or progressively, an inability to develop the driving tasks safely.

IV.1.1) General Requirements:

In general, you should not have a disease or take medication, drugs, or substances that may cause the following effects:

-sudden loss of consciousness;

-Decrease of attention or concentration;

-Sudden inability;

-Loss of balance or coordination;

-Significant Limitation of Mobility.

IV.1.2) Vision:

a) Distant Visual Acuity, with or without correction: 1.0; minimum 0.5 for the lower vision eye;

b) Maximum corrective Lentillas: hyperopia +5, myopia -8. Exceptions shall be allowed in special cases and after the opinion of an ophthalmologist. The ultimate decision will be for the physician;

c) Next and intermediate vision: sufficient, with or without correction;

(d) Contact lenses and glasses are permitted as long as they are subject to the periodic control of a specialist;

e) Normal color vision: use of a recognized test, such as Ishihara, supplemented by another recognized test, if necessary;

f) View field: complete;

g) Vision for both eyes: effective;

h) binocular vision: effective;

i) Recognition of color signals: the test should be based on the color recognition separately and not on relative differences;

j) Contrast sensitivity: good;

k) Absence of degenerative eye diseases;

l) Only eye implants, keratotomies and keratectomies will be allowed on condition that they are recognised at annual intervals or as determined by the doctor;

m) Ability to dazzle resistance; no significant alterations in the ability to recover to the glare or alterations of the mesopic vision.

n) Color contact lenses and photochromic lenses are not authorized. Lenses with UV filter are permitted.

IV.1.3) Hearing and Conversation:

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

b) Limine tonal audiometry:

1. The hearing loss shall not be greater than 40 dB at 500 and 1,000 Hz in each ear;

2. The hearing loss shall not be greater than 45 dB at 2,000 Hz for the ear of worst air conduction;

3. Loss at 4,000 Hz. The loss at 4000 Hz will 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 of the vestibular system. There should be no changes in the balance (vertigo, instability, dizziness, vahide) permanent, evolutionary or intense, whether of otological or other origin.

3. In special cases, the use of hearing prostheses is permitted.

IV.1.4) Loomotor system:

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

IV.1.5) Respiratory apparatus:

a) Do not suffer poorly controlled chronic obstructive disease.

There should be no pulmonary, pleural, diaphragmatic, and mediastinal disorders that determine functional disability, assessing the disorder and the evolution of the disease, taking particular account of the existence or possibility of onset of paroxysmal dyspnoea crisis, severe chest pain, or other changes that may influence the safe exercise of machinist tasks.

b) Do not suffer from sleep apnea, not adequately controlled. It will be necessary to provide a favourable report from a specialist who proves that the condition does not interfere in the safe exercise of the tasks of a driver.

IV.1.6) Cardiovascular system:

(a) Do not suffer from discompensated heart disease or vasculopathies or ischemic cardiomyopathies in any of its forms. In any case, any condition that may interfere with the safe exercise of the tasks of a driver must provide a report from a Cardiology specialist.

b) Do not have symptoms of symptomatic heart rhythm and in any case any condition that could interfere with the safe exercise of the tasks of a driver, should provide a report of a specialist in Cardiology.

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

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

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

IV.1.7) 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.

Those affected by transient ischaemic attacks should provide a favorable report from a Neurology Specialist, in which the absence of neurological sequelae is recorded.

There should be no recurring ischemic accidents.

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

c) There should be no changes in the balance (vertigo, instability, dizziness, vahide) permanent, evolutionary or intense, whether of otological or other origin.

IV.1.8) Endocrine system:

a) Do not have insulin-dependent diabetes, or type II diabetes with systemic or poorly controlled involvement:

There should be no type II diabetes to cure with metabolic instability requiring hospital care.

Those affected by type II diabetes who require pharmacological treatment should report a specialist in Endocrinology, which includes adequate control of the disease and the absence of hypoglycaemic agents with the disease. prescribed treatment.

IV.1.9) Psychiatry:

a) Do not suffer from mental illness. No clinical diagnosis of any disease or psychiatric disability or condition, acute or chronic, congenital or acquired, that may interfere with the safe exercise of the privileges corresponding to the license of the machinist.

b) Do not suffer from chronic alcoholic disease.

IV.1.10) Drug and drug use. Do not present analytical evidence of abuse drug use.

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

IV.1.11) Pregnancy:

The legal provisions for the protection of pregnant drivers should be applied. In cases of poor tolerance or pathology, pregnancy may be considered as a temporary and transient cause of exclusion of the driver.

IV.1.9) Psychological capacity:

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

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

a.1) Capacity for control and management of sufficient cognitive and attention resources, with performance exceeding the cut-off point set in the specifications of the reference tests, for at least the following tasks:

1. Executive functions. Performance in update, monitoring, and alternate tasks.

2. Concentration. Performance in sustained care tasks and psychomotor surveillance.

a.2) General cognitive capacity and sufficient space-space fitness, with performance exceeding the cut-off point set in the specifications of the reference tests for at least the following tasks:

1. Dynamic spatial fitness. Performance in relative speed perception and orientation tasks.

2. Memory. Performance in tasks amplitude of short-term memory-space and verbal.

b) Psychomotor (reaction rate, psychomotor coordination). Sufficient reaction and processing speed and coordination capacity, with performance exceeding the cut-off point set out in the specifications of the reference tests for at least the following tasks:

1. Psychomotor coordination. Performance in manual or bimannual coordination tasks.

2. Speed of reaction. Performance in multiple or multiple reaction time tasks with discrimination.

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

c.1) Absence of unstable patterns of behavior, with a tendency to risk and to the search for sensations. Scores below the cutoff point set in the reference tests for at least the following traits:

1. Search for sensations. Evaluated by at least one objective behavioral test.

2. Risk trend. Evaluated by at least one objective behavioral test.

3. Perception of control. Evaluated by at least one objective behavioral test.

4. Emotional stability. Evaluated by at least one self-report test.

c.2) Presence of organized behavior patterns, with high orientation to achievement and cordiality in the treatment and communication. Scores above the cutoff point set in the reference tests for at least the following traits:

1. Kindness. Evaluated by at least one self-report test.

2. Responsibility. Evaluated by at least one self-report test.

c.3) Psychopathology. Absence of symptoms or risk indicators for pathologies with effects on care and surveillance, with scores on symptom assessment scales below the cut-off point set in the specifications of the test Reference in the following dimensions:

1. Psychoticism. Evaluated by at least one self-report test or structured interview.

2. Mood disturbance. Evaluated by at least one self-report test or structured interview.

3. Anxiety. Evaluated by at least one self-report test or structured interview.

4. Sleep disorders. Evaluated by at least one self-report test or structured interview.

IV.2) Minimum initial recognition contents

IV.2.1) Medical Acknowledges.

Acknowledgments must include at least:

a) General medical recognition;

b) Examination of sensory functions (vision, hearing, color perception);

c) Analysis of blood and urine, with a search, among other things, for diabetes mellitus, in so far as they are necessary to assess the candidate's physical fitness;

d) Electrocardiogram (ECG) at rest;

e) Detection of psychotropic substances such as illicit drugs or psychotropic medical treatment and alcohol consumption that question fitness for work.

IV.2.2) Psychological Capacity and Psychological Tests:

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):

The aim of the psychological exams is to help in the designation and management of the railway staff. In determining the content of the psychological assessment, the examination shall assess that the applicant or railway staff does not disclose any psychological deficiencies, in particular in operational skills or in any relevant factor of the personality that may affect the safe execution of their functions.

In the psychological evaluation test exercises may be used.

In any case, the reference tests for the psychological capacity assessment will have to meet the following requirements:

1. Appropriate psychometric properties.

2. Content adaptation (linguistic and cultural).

3. Calibration and scale with Spanish sample.

4. Proven ability to discriminate (sensitivity and specificity) with respect to reliability in driving.

IV.3) Minimum contents of periodic psycho-physical acknowledgements

IV.3.1) Medical Acknowledges.

Regular acknowledgements must include at least:

a) General medical recognition;

b) Examination of sensory functions (vision, hearing, color perception);

c) Blood and urine tests for the detection of diabetes mellitus and other states that indicate clinical examination;

d) Detection of psychotropic substances such as illicit drugs or psychotropic medical treatment and alcohol consumption.

e) An ECG at rest for drivers over 40 years of age will be performed.

IV.3.2) Assessment of psychological capacity.

Regular surveys shall include, at a frequency of not less than one year, the assessment of psychological capacity, in at least the following areas:

a) Cognitive (attention, concentration, memory, reasoning, perception, communication). Sufficient cognitive and atentional capacity, with performance exceeding the cut-off point set in the specifications of the reference tests, for at least the following tasks:

1. Executive functions. Performance in update, monitoring, and alternate tasks.

2. Concentration. Performance in sustained care tasks and psychomotor surveillance.

b) Psychomotor (reaction rate, psychomotor coordination). Sufficient reaction and processing speed and coordination capacity, with performance exceeding the cut-off point set out in the specifications of the reference tests, for at least the following tasks:

1. Psychomotor coordination. Performance in manual or bimannual coordination tasks.

2. Speed of reaction. Performance in multiple or multiple reaction time tasks with discrimination.

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

c.1) Absence of unstable patterns of behavior, with a tendency to risk and to the search for sensations. Scores below the cutoff point set in the reference tests for at least the following traits:

1. Risk trend. Evaluated by at least one objective behavioral test.

2. Perception of control. Evaluated by at least one objective behavioral test.

c.3) Psychopathology. Absence of symptoms or risk indicators for pathologies with effects on care and surveillance, with scores on symptom assessment scales below the cut-off point set in the specifications of the test reference, in the following dimensions:

1. Psychoticism. Evaluated by at least one self-report test or structured interview.

2. Mood disturbance. Evaluated by at least one self-report test or structured interview.

3. Anxiety. Evaluated by at least one self-report test or structured interview.

4. Sleep disorders. Evaluated by at least one self-report test or structured interview.

The psychological capacity assessment tests included in the reference test battery shall be used preferably. "

Fifty-nine. Annex V is amended as follows:

" ANNEX V

Training program and driver evaluation tests

V. 1) Training program.

V. 1.1) General principles.

V. 1.2) Professional knowledge and licensing requirements.

V. 1.2.1) General objectives of licensing training.

V. 1.2.2) Professional knowledge for licensing training.

V. 1.2.3) Practical training.

V. 1.3) Professional knowledge and requirements regarding certificates.

V. 1.3.1) Common general professional knowledge.

V. 1.3.1.1) Knowledge relating to rolling stock.

V. 1.3.1.2) Infrastructure-related knowledge.

V. 1.3.1.3) Practical training.

V. 1.3.2) Specific professional knowledge.

V. 1.3.2.1) Knowledge relating to rolling stock.

V. 1.3.2.2) Infrastructure-related knowledge.

V. 1.3.3) Knowledge of the safety management system of the railway entity.

V1.3.4) Language knowledge.

V. 2) Evaluation tests.

V. 3) Programme for the training of refresher courses and the recycling of theoretical and practical knowledge of certificates.

V. 1) Training program

V. 1.1) General principles.

In general, the training programme will maintain a correct balance between theoretical training (classroom and demonstration) and practice (experience of work, driving with supervision and driving without supervision on track). blocked from the General Interest Railway Network for training purposes.

It will be possible for computer-assisted training for individual learning of operating rules, signalling situations, etc., as well as the use of simulators, especially for recreation and situations degraded.

With regard to the acquisition of knowledge on a line, the system may be envisaged in which a driver is accompanied by another driver during an appropriate number of journeys along the line; possible to use as alternative training methods, among others, recordings of the itineraries made from the driver's cabin.

The objective of 'general knowledge training' is to provide general knowledge on all aspects that are relevant to the driver's profession. The training in this respect shall focus on the basic knowledge and principles that are applicable, regardless of the type and nature of the rolling stock or infrastructure concerned.

Knowledge regarding specific types of rolling stock or safety and techniques and rules of circulation/exploitation/operation for a specific/particular infrastructure is not part of what is known as 'knowledge'. general ''.

The training to know the specific rolling stock or infrastructure that has to do with the driver's certificate is specified in Annex V. 1.3.2.

V. 1.2) Professional knowledge and licensing requirements.

V. 1.2.1) General objectives of licensing training.

General training will cover the following subjects:

1) The work of a driver, the working environment, the functions and responsibilities of the driver in the railway operating process, as well as the professional and personal demands of the driver's duties:

(a) to know the general lines of the legislation and the rules applicable to the railway operation and safety (requirements and procedures relating to the certification of the drivers, the dangerous goods, the environmental protection, fire protection, etc.);

b) understanding specific requirements and personal and professional requirements (working fundamentally only, shift work in a twenty-four-hour cycle, individual protection and security, reading and updating of documents, etc.);

c) understanding behaviors that are compatible with determining responsibilities for safety (medication, alcohol, drugs or other psychoactive substances, disease, stress, fatigue, attention, etc.) and the importance of a healthy lifestyle and the maintenance of appropriate psycho-physical conditions and their relationship with professionalism and security;

d) determine the reference documents and operational documents (regulations, book of itineraries, driver's manual, etc.), acquiring commitment to their compliance;

e) determine the responsibilities and roles of the people involved;

f) to understand the importance of accuracy in the performance of tasks and in working methods, in good professional practice and safety culture in railway systems;

g) understanding health and safety at work (p. e.g. code of conduct on and near the tracks, code of conduct when moving up and down the drive, ergonomics, personnel safety rules, personal protective equipment, etc.);

h) know the skills and principles of conduct (stress management, extreme situations, etc.);

i) knowing the principles of environmental protection (sustainable driving, etc.);

j) to assume continuous improvement as a professional, actively participating in training and training promoted by the railway entities.

2) Railway technologies, including the principles of safety on which operational regulation is based:

a) know the principles, regulations related to safety in train operations.

b) identify the responsibilities and roles of the people involved.

3) The basic principles of the railway infrastructure:

a) Know the systematic and structural principles and parameters.

b) Know the general characteristics of the tracks, stations, and classification centers.

c) Know the railway structures (bridges, tunnels, etc.).

d) Know the types of circulation (single track, two-way circulation, etc.).

e) Know the traffic control and signaling systems.

f) Know the security facilities (hot case detectors, smoke detectors in the tunnels, etc.).

g) Know the electrical power supply system (catenary, third lane, etc.).

4) The basic principles of operational communication:

a) Knowing the importance of communication, as well as its means and procedures.

b) Identify the people the driver needs to contact and their roles and responsibilities (infrastructure manager staff, the functions of other train staff, etc.).

c) Identify situations and causes that require communication to start.

d) Understand the media and assume them as work tools, especially in degraded driving systems.

5. The trains, their composition and the technical requirements of the traction units, wagons, cars and other rolling stock:

a) Know the generic types of traction (electric, diesel, steam, etc.).

b) describe the design of a vehicle (bogies, cabin, protection systems, etc.).

c) Know the content and marking systems.

d) Know the documentation of the train composition.

e) Understand the braking and performance calculation systems.

f) Identify the speed of the train.

g) Identify the maximum load and forces on the hook.

h) Know the circulation and operation of the train management system.

6) The dangers in the general railway operation/movement:

a) Understand the principles of rail traffic safety management.

b) Know the risks related to the railway operation and the means to be used to mitigate them.

c) Know important security incidents and understand the required behavior and reaction.

d) Know the procedures applicable to casualty accidents (e.g. evacuation).

e) Know the need to communicate any observed hazards (standards, infrastructures and signals, vehicles and people) as preventive and safety-culture action.

7) Basic physical principles:

a) Understand the forces on the wheel.

b) Identify factors that influence acceleration and braking (weather conditions, braking equipment, reduction of adhesion, arening, etc.).

c) Understand the principles of electricity (circuits, voltage measurement, etc.).

V. 1.2.2) Professional knowledge for licensing training.

In particular, in the development of the above paragraphs, the driver must also be aware of the following, which must enable him at least to have the general knowledge necessary for the exercise of the activities:

1. Braking tests: The driver must be able to:

-Verify and calculate, before the departure of the train or service of the manoeuvre, that the braking power of the manoeuvre, as specified in the documents of the vehicles, corresponds to the prescribed braking power for the rail infrastructure and areas.

-Verify the operation of the various components of the braking system of the drive and train, as appropriate, prior to any movement, putting into service and running.

2. Driving the train or the manoeuvre in such a way as to ensure that the facilities and vehicles are not impaired: The driver must be capable of:

-Use all command and control devices that are at your disposal, according to applicable rules.

-Start the train while respecting the limitations regarding adherence and power.

-Use, whenever possible, the brake with prudence to slow down and stop the train, while respecting the rolling stock and facilities.

3. Anomalies: The driver must:

-Be able to keep an eye on unusual events related to driving the train.

-Know the available means of protection and communication.

-Know how to handle degraded driving situations (vehicle, facilities, or both).

4. Incidents and accidents involving exploitation, fire and accident with victims: The driver must be aware of the procedures for the evacuation of the train in an emergency.

5. Immobilization of the train or the maneuver: The driver shall be generically:

-Be able to take the necessary steps to prevent the train or the maneuver, or parts of the train, from getting on or moving in the weather, even under the most unfavourable conditions.

-To pay attention, in so far as the driving of the train or the maneuver allows, to unusual events related to the railway infrastructure and the environment: orders and indications related to the maneuver, signals, track, power supply, level steps, surroundings of the track, other circulations, and the passage through the stations.

-Know the precise distances to perform maneuvers or obstacles.

-Notify the infrastructure manager as soon as possible of the location and nature of the anomalies found, ensuring that they are well interpreted by their partner.

-Take into account the infrastructure, care or ensure that the safety of the movement of people is ensured whenever necessary.

6. Safety standards: The driver must be able to:

-Perform maneuvering movements, when security conditions are met.

-Put the train on track only if the regulatory conditions are met (schedule, order or output signal, signal opening, etc.).

-Observe signage (lateral or in-cab), decode it with no doubts or errors, and perform the prescribed actions.

-Circular with total security according to the particular modes of operation: application of these modes when the corresponding order is received, temporary limitation of speed, circulation in reverse to normal, authorization for the purpose of rebasing signals ordering stop, manoeuvring, circular for railway infrastructure which is in maintenance and/or repair, etc.

7. Train driving: The driver must be able to:

-Know your situation at any time on the line, terminal, or sorting station that you are circulating.

-Use, whenever possible, the brake with prudence to slow down and stop the train or maneuver, while respecting the rolling stock and facilities.

-Regular train or maneuver gear according to schedule and orders related to manoeuvring movements, taking into account the generic characteristics of the drive, train, maneuver, line and the environment.

8. Incidents and accidents involving exploitation, fire and accident with victims: The driver must be able to:

-Adopt protection and alert provisions in case of accident with victims.

-Determine the stopping point of the train after a fire and, if appropriate, facilitate the evacuation of the occupants.

-Facilitate as soon as possible the relevant data about the fire, if you have not been able to master it.

-Notify the railway infrastructure manager of these conditions as soon as possible.

-Evaluate whether the rail infrastructure allows the vehicle or train to continue and under what conditions.

9. Knowledge of rolling stock: The driver must be familiar with the vehicle control systems and their indicators (traction, braking and safety-related devices), as well as having general knowledge on the main elements of rolling stock:

-The mechanical structures.

-The suspension and connection organs.

-The running organs.

-The security teams.

-Fuel depots, fuel power devices, and exhaust organs.

-The marking device which appears inside and outside the material, especially the symbols used for the transport of dangerous goods.

-Electrical and pneumatic systems.

-High voltage catchment organs and circuits.

-The media (radio, telephony, visual signals, auditory signals, etc.).

-The braking organs.

10. Knowledge of the infrastructure:

The driver must be able to verify and calculate, before departure of the train or maneuver, the type of gear and maximum speed of the train depending on the characteristics of the line, terminal or classification station. You must also have general knowledge about:

-Operating conditions (making manoeuvres, track changes, one-way circulation, etc.).

-Performing an itinerary and querying the corresponding documents.

-The determination of the usable paths for the type of circulation considered.

-The applicable traffic rules and the meaning of the signalling system.

-The operating system.

-The associated lock and regulation system.

-Name, location and location at a distance from stations and operating posts, in order to provide for driving.

-The transition signaling between the different power supply or power systems.

-Maximum speeds for different categories of trains driven by the agent.

-Particular braking conditions, such as those applicable on lines of steep slope.

-The particularities of exploitation: specific signals or panels, output conditions, etc.

-The special difficulty points of the infrastructure.

V. 1.2.3) Practical training.

Once an examination of the training centre on theoretical knowledge has been completed, it will be necessary to carry out the practical training provided for in the training programme for obtaining the licence with the following: criteria:

1. The applicant shall carry out 24 hours of accompanying in-cabin, without intervening in driving, to acquire knowledge relating to driving expertise, in which the operator shall be present.

2. Prior to access to effective driving, it will be necessary for the applicant to familiarize himself appropriately with the handling of a railway vehicle. To do this, there are two options:

2.a) In the event that the training centre has a driving simulator, applicants must carry out 16 hours of driving practice in the simulator. Upon completion of the same, the instructor of the centre shall issue a certificate, if appropriate, in which the applicant has exceeded those hours by demonstrating a sufficient level of theoretical knowledge in accordance with the provisions laid down in the training programme for the purpose of obtaining the driving licence.

2.b) In the event that the training centre does not have a driving simulator, applicants must carry out 16 hours of driving practices in which the operator is present, and shall be supervised in all time by a practical teaching instructor at the centre. Such tests shall be carried out as far as possible, on a test track or in an enclosure without connection to the general network and to an isolated locomotive or to a self-propelled train without passengers.

At the end of the same, the instructor of the centre must issue a certificate, if appropriate, in which the applicant has exceeded those hours supervised at all times by a practical teaching instructor (a) the training programme, which is based on the training programme, is based on the training programme for the driving

.

3. Once the above process has been passed, effective driving hours will be initiated, which will be broken down into two blocks:

3.a) The first 16 hours of effective driving shall be supervised at all times by a practical teaching instructor at the centre, in which the titular driver is present, and the completion of the driver's The instructor of the centre shall issue a certificate, if appropriate, in which it appears to have been completed satisfactorily. Such practices shall be carried out on the General Interest Railway Network, in any of the following vehicles or trains: manoeuvring vehicles, work trains, isolated locomotives or self-propelled trains without passengers.

3.b) Once the practices of paragraphs 2 and 3 (a) have been exceeded, the relevant certificates shall be sent to the authority responsible for railway safety. The applicant may then start the second block of effective driving practices in manoeuvres, work trains, freight trains or self-propelled passenger trains. This block of driving hours will always be supervised by a driver who is duly enabled. Upon completion of the same, the instructor of the centre shall issue a certificate, if appropriate, in which the applicant has passed at least 40 hours of effective driving practice.

4. The remaining practical training, up to 120 hours, will be carried out by means of visits to railway facilities, vehicle maintenance workshops, stations, cargo-loading stations, car-sorting stations, command posts, etc. in which applicants are able to acquire the practical training necessary to complete the knowledge integrated in the training programme for obtaining the driving licence.

Driving during paragraphs 2.b), 3.a) and 3.b) shall be carried out under the following requirements:

(a) In cases where there is a situation which degrades in circulation or which may endanger safety in the movement, the driver shall immediately take charge of driving until such time as he or she refers to them. causes that justified such a situation.

(b) The operator shall be responsible for the train for the purposes of the regulatory implementing rules relating to the safety in the movement of the train.

(c) For the purposes of the provisions of the additional twelfth provision of the Railway Sector Regulation, on the maximum driving times, the operator and the instructor of the practical teaching of the centre shall consider the driving time of an applicant as if it were effective driving of the operator or instructor, both of which are subject to the provisions of that Standard.

V. 1.3) Professional knowledge and requirements regarding certificates.

V. 1.3.1) Common general professional knowledge:

This paragraph shall be required only for category B certificates, in the development of the knowledge referred to in Article 40.2.a.

.

In relation to category A certificates, it is considered that there is no need for additional training in order to have common general knowledge, provided that the driving licence has been obtained according to a content in accordance with paragraph V. 1.2 of this Annex.

The content of the knowledge described in this section should be particularised in such a way that, in addition to the knowledge gained for the licence, and irrespective of the specific knowledge relating to it. to each individual vehicle or line, the driving activities of the passenger or goods vehicles listed in the category B certificate may be carried out.

V. 1.3.1.1) Knowledge relating to rolling stock:

The content of the minimum reading of this section to acquire the required knowledge will be at least 275 hours, distributed between theoretical and practical teaching.

In addition to the specific vehicle training provided for in paragraph V. 1.3.2.1 of this Annex, the driver must be able to perform the following tasks satisfactorily in relation to a rolling stock generic:

1. Tests and checks prescribed before departure of the train: The driver must be able to:

-Procure necessary documentation and equipment.

-Check the capabilities of the drive.

-Check the information contained in the documents on board the drive.

-Ensure, by performing the tests and checks provided, that the driving unit is in a position to secure the train trailer, and that the safety devices operate.

-Check the availability and operability of mandatory safety and security equipment prior to locomotive relays and travel starts.

-Perform the preventive maintenance stream operations.

2. Knowledge of rolling stock: To drive the driving unit, the driver must be aware of all the control systems and indicators placed at his disposal, in particular those relating to:

-Traction.

-Braking.

-The devices related to the safety of the circulation.

To be able to detect and locate a failure of the rolling stock, point it out and determine the conditions of resumption of the gear as well as, in certain cases, make an intervention, the driver must know:

-The mechanical structures.

-The suspension and connection organs.

-The running organs.

-The security teams.

-Fuel depots, fuel power devices, and exhaust organs.

-The marking device, which appears inside and outside the material, especially the symbols used for the transport of dangerous goods.

-Travel registration systems.

-Electrical and pneumatic systems.

-Driving help systems.

-High voltage catchment organs and circuits.

-The in-cab signal information systems (ASFA, ERTMS, etc.).

-The media (radio, telephony, visual signals, auditory signals, etc.).

-Travel plans.

-The elements constituting the rolling stock, its function and the particular devices of the towed material, in particular the stop system of the train by decompression of the general braking circuit.

-The braking organs.

-The particular elements of drive units.

-The traction mechanism, engines, and transmissions.

3. Train braking tests: The driver must be able to:

-Verify and calculate, before departure of the train, that the braking power of the train, as specified in the vehicle documents, corresponds to the prescribed braking power for the infrastructure railway.

-Verify the operation of the various components of the braking system of the drive and train, as appropriate, prior to any movement, putting into service, and running.

4. Gear type and maximum train speed depending on the characteristics of the line: The driver must be able to:

-Take into account the information that is transmitted to you before any departure.

-Determine the gear type and speed of the train based on variables such as speed limitations, weather conditions, or modifications of the signaling.

5. Driving of the train or of the manoeuvre, in such a way as not to deteriorate the installations or vehicles: The driver must be capable of:

-Use all command and control devices that are at your disposal, according to applicable rules.

-Start the train while respecting the limitations regarding adherence and power.

-Use the brake with caution, whenever possible, to slow down and stop the train, while respecting the rolling stock and facilities.

6. Anomalies: The driver must:

-Be able to keep an eye on unusual events related to driving the train.

-Be able to inspect the train and identify the indicators of anomalies, differentiate them and react according to their respective importance, and try to solve them, favoring in all cases the safety of the circulation rail and people.

-Know the available means of protection and communication.

7. Incidents and accidents involving exploitation, fire and accident with victims: The driver must:

-Be able to take the protective and alert provisions in case of accident with victims on board the train.

-Be able to determine if the train carries dangerous goods and identify them on the basis of the train documentation and the wagon list.

-You must know the procedures for evacuation of a train in case of emergency.

8. Conditions for resuming the gear after an incident affecting the rolling stock: After an incident, the driver must be able to:

-Evaluate whether the material can continue to be circulated and under what conditions, in such a way as to notify the railway infrastructure manager as soon as possible.

-Determine if an expert's assessment is necessary before the train can resume the march.

9. Train immobilisation: The driver must:

-Be able to take the necessary steps to prevent the train, or parts of the train, from getting on or moving in the weather, even under the most unfavourable conditions.

-In addition, the driver must be aware of the measures necessary to stop a train or parts of a train, in case they are put in motion in the weather.

V. 1.3.1.2) Infrastructure knowledge:

The content of the minimum reading of this section to acquire the required knowledge will be at least 450 hours, distributed between theoretical and practical teaching.

In addition to the specific training on specific lines set out in paragraph V. 1.3.2.2 of this Annex, the driver must be able to perform the following tasks satisfactorily in relation to a generic line:

1. Train braking tests: The driver must be able to verify and calculate, before the train's departure, that the braking power of the train, as specified in the vehicle documents, corresponds to the braking power prescribed for the line.

2. Gear type and maximum train speed depending on the characteristics of the lines: The driver must be able to:

-Take into account the information that is transmitted to you, such as speed limitations or indications that offer signals.

-Determine the type of gear and the maximum assigned train speed according to the characteristics of the railway infrastructure and the composition of the train.

3. Knowledge of the lines: The driver must:

-Be able to predict and react correctly in terms of security and other functional aspects, such as punctuality and economic aspects.

-There will be a good understanding of the railway lines and facilities that it will travel, as well as, if necessary, the alternative routes agreed.

-You should be familiar with the following aspects of the lines:

-Operating conditions (track changes, one-way circulation, etc.).

-Performing an itinerary and querying the corresponding documents.

-The determination of the usable paths for the type of circulation considered.

-The applicable traffic rules and the meaning of the signalling system.

-The operating system.

-The associated lock and regulation system.

-Name, location and location at a distance from stations and operating posts, in order to provide for driving.

-The transition signaling between the different power supply or power systems.

-Maximum speeds for different categories of trains driven by the agent.

-The topographical profiles.

-Particular braking conditions, such as those applicable on lines of steep slope.

-The particularities of exploitation: specific signals or panels, output conditions, etc.

4. Safety standards: The driver must be able to:

-Put the train on track only if the regulatory conditions are met (schedule, order and/or output signal, signal opening, etc.).

-Observe signage (lateral or in-cab), decode it with no doubts or errors, and perform the prescribed actions.

-Circular with total security according to the particular modes of operation: application of these modes when the corresponding order is received, temporary limitation of speed, circulation in reverse to normal, authorization for the purpose of rebasing signals ordering stop, manoeuvring, circular for railway infrastructure which is in maintenance and/or repair, etc.

-Observe the stops that are planned or ordered, and if applicable, the service operations of travelers in the same.

5. Driving the train: The driver must be able to adapt the driving to the infrastructure:

-Know at all times your situation on the line you are circulating through.

-Use, whenever possible, the brake with prudence to slow down and stop the train, while respecting the rolling stock and facilities.

-Regular train running according to schedule and possible energy saving slogans, taking into account the characteristics of the driving unit, the train, the line and the environment.

6. Anomalies: The driver must be able to:

-Pay attention, in so far as train driving permits, to unusual events related to rail infrastructure and the environment: signals, track, power supply, level steps, surroundings of the track, other circulations, and at the passage through the stations.

-Know the precise distances to respect obstacles.

-Notify the infrastructure manager as soon as possible of the location and nature of the anomalies found, ensuring that they are well interpreted by their partner.

-Take into account the infrastructure, care or ensure that the safety of the movement of people is ensured whenever necessary.

7. Incidents and accidents involving exploitation, fire and accident with victims: The driver must be able to:

-Adopt protection and alert provisions in case of accident with victims.

-Determine the stopping point of the train after a fire and, if appropriate, facilitate the evacuation of the passengers.

-Facilitate as soon as possible the relevant data about the fire, if you have not been able to master it.

-Notify the railway infrastructure manager of these conditions as soon as possible.

-Evaluate whether the rail infrastructure allows the vehicle or train to continue and under what conditions.

V. 1.3.1.3) Practical training.

After an examination of the theoretical knowledge, it will be necessary to carry out the practical training contemplated in the training program for obtaining the Certificate of Driving Category B, with the following criteria:

1. The applicant shall carry out 24 hours of accompanying in-cabin, without intervening in driving, to acquire knowledge relating to driving expertise, in which the operator shall be present.

2. Prior to access to effective driving, it will be necessary for the applicant to familiarize himself adequately with the handling of a railway vehicle under the conditions permitting a category B driving certificate. options:

2.a) In the event that the training centre has a driving simulator, applicants must carry out 16 hours of driving practice in the simulator. At the end of the procedure, the instructor of the centre shall issue a certificate, if appropriate, in which the applicant has exceeded those hours of practice by demonstrating a sufficient level of theoretical knowledge in accordance with the provisions of the training programme for obtaining the certificate of category B driving licences.

2.b) In the event that the training centre does not have a driving simulator, applicants must carry out 16 hours of driving practices in which the operator is present, and shall be supervised in all time by a practical teaching instructor at the centre. Such tests shall be carried out as far as possible, on a test track or in an enclosure without connection to the network and on an isolated locomotive or on a self-propelled train without passengers.

At the end of the same, the instructor of the centre must issue a certificate, if appropriate, in which the applicant has exceeded those hours supervised at all times by a practical teaching instructor (a) the training programme is designed to ensure that the training programme is carried out by the Member State in which it is established, and which is the subject of the training programme

3. Once the above process has been passed, effective driving hours will be initiated, which will be broken down into two blocks:

3.a) The first 24 hours of effective driving on the general interest rail network shall be supervised at all times by a practical teaching instructor at the centre, in which the operator shall be present, and At the end of the same, the instructor of the centre shall issue a certificate, if appropriate, in which it appears to have been completed satisfactorily.

3.b) Once exceeded by the applicant in paragraph 2 and 3 (a), such certificates shall be sent to the railway safety authority and to the security officer of the granting entity. The applicant may then start with effective driving practices in passenger or freight trains, provided that they are supervised by a driver who is duly authorised. Upon completion of the same, the instructor of the centre shall issue a certificate, if appropriate, in which the applicant has passed the 136 hours of effective driving practice.

Driving during paragraphs 2.b), 3.a) and 3.b) shall be carried out under the following requirements:

(a) In cases where there is a situation which has been degraded or which could put the safety of the movement at risk, the driver shall immediately take charge of driving until such time as he has been referred to. causes that justified such a situation.

(b) The operator shall be responsible for the train for the purposes of the regulatory implementing rules relating to the safety in the movement of the train.

(c) For the purposes of the Additional Article 12 of the Railway Sector Regulation, on the maximum driving times, the operator and the instructor of the practical teaching of the centre shall consider the driving time of an applicant as if it were effective driving of the operator or instructor, both of which are subject to the provisions of that Standard.

V. 1.3.2) Specific professional knowledge about the particular vehicles and lines to be included in the certificate.

This paragraph shall be required for certificates of category A or B, in the development of the knowledge referred to in Article 40.2.b).

V. 1.3.2.1) Knowledge relating to rolling stock:

The content of the minimum reading of this paragraph to acquire the required knowledge shall be at least 80 hours for each vehicle, distributed between theoretical and practical teaching. The regulation of the reading of this paragraph shall be developed by resolution of the authority responsible for railway safety, in accordance with the provisions of the additional seventh provision of this order.

At the end of the specific training relating to rolling stock, the driver must be able to perform the following tasks satisfactorily in relation to one or more specific vehicles included in his certificate:

1. Driving of the train or of the manoeuvre, so as not to deteriorate the installations or vehicles: The driver must be able to use all the control and control devices at his disposal, according to the applicable rules, in those motor vehicles for which you are authorised to drive.

2. Conditions for resumption of operation after an incident affecting the rolling stock of those motor vehicles for which it is authorised to drive: After an incident, the driver must be able to assess whether the material can be continue to circulate and under what conditions, in such a way as to notify the railway infrastructure manager of these conditions as soon as possible.

3. Immobilisation of the train: The driver must be aware of the measures to be taken on those motor vehicles for which he is authorised to drive to prevent the train, or parts of the train, from being put in motion or in motion. even under the most unfavourable conditions.

In addition, the driver must know the measures necessary to stop those motor vehicles for which he is entitled to drive, or parts of his train, in the event that he is segregated by accident.

4. Knowledge of rolling stock: To drive the driving unit, the driver shall be required to know in detail all the control systems and indicators at his disposal, in particular those relating to traction, braking and devices related to the safety of the movement.

To be able to detect and locate a failure of the rolling stock, point it out and determine the conditions of resumption of the march or service of the maneuver as well as, in certain cases, to effect an intervention, the driver must know in detail enough:

-The mechanical structures.

-The suspension and connection organs.

-The running organs.

-The security teams.

-Fuel depots, fuel power devices, and exhaust organs.

-The marking device which appears inside and outside the material, especially the symbols used for the transport of dangerous goods.

-The system of the legal registration of the train rolling stock.

-Electrical and pneumatic systems.

-Driving help systems.

-High voltage catchment organs and circuits.

-The in-cab signal information systems (ASFA, ERTMS, etc.).

-The media (radio, telephony, visual signals, auditory signals, etc.).

-The braking organs.

-The particular elements of drive units.

-Travel plans.

-The elements constituting the rolling stock, its function and the particular devices of the towed material, in particular the stop system of the train by decompression of the general braking circuit.

-The traction mechanism, engines, and transmissions.

V. 1.3.2.2) Infrastructure knowledge:

The content of the minimum reading of this section to acquire the required knowledge will be at least 35 hours for each line or operating environment, between theoretical and practical teaching. The regulation of the reading of this paragraph shall be developed by the resolution of the authority responsible for railway safety, in accordance with the provisions of the additional seventh provision of this order.

The driver will receive training, in detail, for each of the particular lines or operating environments in which it is intended to circulate, on the following aspects:

1. Knowledge of the line and its operating environment, terminal or classification station: It must know with the precise detail in order to circulate in safe conditions the railway infrastructures that it will travel, even if the case, the itineraries Agreed alternatives.

To do this you need to know the following aspects:

-Operating conditions (making manoeuvres, track changes, one-way circulation, etc.).

-Performing an itinerary and querying the corresponding documents.

-The determination of the usable paths for the type of circulation considered.

-The applicable traffic rules and the meaning of the signalling system.

-The operating system.

-The associated lock and regulation system.

-Name, location and location at a distance from stations and operating posts, in order to provide for driving.

-The transition signaling between the different power supply or power systems.

-Maximum speeds for different categories of trains driven by the agent.

-Particular braking conditions, such as those applicable on lines of steep slope.

-The particularities of exploitation: specific signals or panels, output conditions, etc.

2. Points of particular difficulty of the infrastructure: In the training directed to the machinists on the infrastructure, will be placed in their knowledge those critical points of special difficulty during the driving and those that have there was some type of incident or known accident.

V. 1.3.3) Knowledge of the safety management system of the railway entity.

This paragraph shall be required for certificates of category A or B, in the development of the knowledge referred to in Article 40.2.c).

The railway entity must establish a training that ensures that its staff has knowledge of the security management system, can easily access it, understands it and knows how to apply it.

For this purpose, at least the following contents will be included:

1. Knowledge at the general level of the security management system and its structure.

2. Organisation and competence in the field of security within the entity, including training and recycling systems.

3. Mechanisms for the transmission of information established in the security management system, both those used by its entity to communicate information to it, and those that its entity has established with the other administrators and companies railway.

4. Railway entity security policy and plans.

5. Risk management mechanisms.

6. Relevant operating procedures.

7. Accident investigation procedures and emergency plans or contingencies.

8. Specific knowledge in relation to the specific exploitation to be carried out by its railway entity:

-Railway material used by its railway entity.

-Places where the railway undertaking carries out the railway operation, with special effect on those places where the driver circulates for them (manoeuvres, changes of track, movement in a single direction, etc.).

-Intervinlient flags during the railway operation of its railway entity.

-Places where to receive the documentation relating to the train, places where railway vehicles are left and taken, etc.

V. 1.3.4 Language knowledge.

Language test:

This paragraph shall be required for certificates of category A or B.

The drivers who need to communicate with the infrastructure manager on critical security issues should have the language skills in Spanish (the language indicated by the administrator of the infrastructure). Their language skills must be such that they can communicate actively and effectively in routine, adverse and emergency situations.

They should be able to use the messages and the method of communication specified in the " Operation and Management of the Traffic TSI. Drivers shall be able to communicate orally and in writing in accordance with level B1 of the European Common Framework of Reference for Languages (MCER), established by the Council of Europe.

V. 2) License and certificate evaluation tests

The evaluation tests for licences and certificates shall be designed with the materials referred to in the training programmes, in accordance with the contents of paragraph V. 1. of this Annex.

The authority responsible for railway safety may regulate by resolution, the process for the convocation and the conclusion of the evaluation, theoretical and practical tests, in order to obtain the driving licence, as well as issuing guidelines and recommendations on testing of certificates.

V. 3) Programme for the training of refresher courses and the recycling of theoretical and practical knowledge of certificates

In general, these courses will include, at least, training on the following aspects:

-Amendments and updates to the procedures and systems for managing the safety of the railway entity to which they belong.

-Amendments to applicable regulations.

-Technology Innovations.

-Monitoring and control of effective online or simulator driving by a practical training trainer.

-Strengthening of aspects related to the human factor in driving: good professional practices, perception of risk and psychological aspects (such as, among others, maintenance of care or processes of taking decisions in critical situations).

-Procedures for action in the field of civil protection and risk prevention.

-Training in degraded situations and critical situations, taking into account the return of the experience of recorded events or incidents, including the performance of simulations of operations with rolling stock in incidents and breakdowns. "

Sixty. Annex VII is amended as follows:

" ANNEX VII

Content of pre-recognition health self-declaration forms

The cited document will contain at least the information contained in the following sections.

SELF-DECLARATION OF HEALTH PRIOR TO RECOGNITION.

To be filled in by the person prior to recognition)

A. PERSONAL DATA.

• First and last names:

• Date of Birth:

• NIF:

• Address and contact details:

• Contact phone:

• Enabling title for which recognition is requested:

B. MEDICO-SURGICAL ANTECEDENTS.

Do you have any such background? Surround yes/no, detail remarks.

0. General

you have any chronic illnesses that you need to undergo periodic medical checks for?

Yes

you have any allergies?

Yes

No

In the last year:

you had any surgical intervention?

Yes

No

you been in any hospital center?

Yes

Did you need to go to the Urgences service?

Yes

Have you had any job medical leave?

Yes

you ever been declared unfit in a psycho-physical recognition for railway personnel?

No

Izq_table_to_izq"> If yes:

medical center? .....................................................

what date? ...................................................................

. Ophthalmology

you use or have used optical correction (glasses or contact lenses)?

Yes

Have you noticed loss in your quality of view?

Yes

No

you had a change of graduation in the last year?

Yes

you had your eyes operated in the last year?

Yes

2. Otolaryngology (throat, nose, ear)

you noticed difficulty hearing conversations, doorbells, phones?

Yes

you use hearing prostheses or have you recommended you use them?

Yes

you suffered or have any nose, throat, or speech disorder?

Yes

3. Locomotor

you have or have suffered any injury or illness that has caused you to freeze, work low, or hospital admission?

Yes

you have any sequelae?

Yes

. Cardiovascular system

you have any cardiovascular disease?

Yes

No

you hypertensive?

Yes

. Respiratory apparatus

you a smoker?

Yes

Have you suffered or have any respiratory illness?

Yes

Ronca frequently and gets tired in the morning?

Yes

6. Neurologic

you suffered loss of consciousness, dizziness, fainting, syncopes, vertigo, feeling of instability?

Yes

you suffered or suffer from any neurological disease?

Yes

you been diagnosed with Epilepsy at some point in your life?

Yes

you have frequent headache?

Yes

7. Endocrinology

you have diabetes?

Yes

If yes:

you have a pharmacological treatment? .................................................

many years ago I know diagnosed? .......................................

8. Psychiatry

you have or have had episodes of anxiety, depression, or any mental illness that you have needed treatment for?

Yes

you have a history of alcohol and/or drug use problems?

Yes

. Other diseases

you have any disease that you have not been asked about in the questionnaire?

Yes

yes:

Which? .................................................................................................................

10. Drug

you still have medication on a continuous basis?

Yes

yes:

What medicines? ...................................................................................

Do you take some medication on an occasional basis?

Yes

In case Yes:

? ...............................................................................................................

that you want to

I declare that the annotations made in this statement about my health are complete and correct and that I have not omitted any important information. I accept that the authority may refuse or cancel the result of my medical assessment, in the event of having concealed or distorted any data in this health questionnaire, without prejudice to other actions applicable under current laws.

I authorize and consent to the use of all the information contained in this form, in the complementary ones (if necessary), as well as the data of the medical recognition, provided that such data are stored and remain under the medical confidentiality laid down in the data protection regulations, as well as in the cases where, according to the order FOM 2872/2010, Article 66, the medical examination centres for railway personnel are required to provide the authority responsible for railway safety with information related to the assessment of the psycho-physical capacity of railway personnel is required as a result of inspection actions.

SIGNATURE DATE

The information reflected in this questionnaire is strictly confidential, in application of the Organic Law 15/1999, of December 13, for the protection of personal data; at any time, the signatory may exercise the rights of access, rectification, cancellation and opposition of data, for which the Centre shall be directed.

In accordance with current data protection regulations, the signatory expressly consents to the inclusion of the resulting data in a personal data file under the responsibility of the Center. "

Sixty-one. A new Annex VIII is added with the following wording:

" ANNEX VIII

Content of informed consent to take biological samples for the detection of alcohol consumption, abuse drugs or other psychoactive substances

D. /D. ª ............................................................................................................... with N.I.F. n. º ..................

I declare that I am informed that biological samples are to be taken for the detection of alcohol consumption, abuse drugs or other psychoactive substances, which are detailed below, and according to the Order FOM 2872/2010, of November 5, I know the scope of a positive result.

I give my consent so that, on the day of the day: ....../...../.........., I am engaged in the analytical tests that follow:

□ Alcoholimetry (measurement of alcohol in expired air).

□ Alcoholaemia (blood alcohol measurement).

□ Urine analysis for the detection of drugs of abuse or other psychoactive substances.

□ Analysis of saliva-oral fluid for the detection of drugs of abuse or other psychoactive substances.

□ Blood testing for drug detection of abuse or other psychoactive substances.

□ Other matrices to be specified by the optional.

For the detection of possible consumption of alcohol, drugs of abuse, or other psychoactive substances, for:

□ Incident or Accident.

□ Recognition according to OM FOM 2872/2010 of 5 November.

□ Random controls for the detection of alcohol, drugs of abuse and psychoactive substances.

Medical/Staff Authorized by the Railway Entity for Performing Random Controls

The requester/The worker

:

Signature:

The information reflected in this questionnaire is strictly confidential, in application of the Organic Law 15/1999, of December 13, for the protection of personal data; at any time, the signatory may exercise the rights of access, rectification, cancellation and opposition of data, for which the Centre shall be directed.

In accordance with current data protection regulations, the signatory expressly consents to the inclusion of the data resulting from their participation in the taking of biological samples in a data file. personal under the responsibility of the Center.

It is reported that, according to Order FOM 2872/2010, Article 66, the medical examination centres of railway personnel shall provide the authority responsible for railway safety with the information related to the railway. the assessment of the psycho-physical capacity of railway personnel is required as a result of the inspection measures, including the results of the tests for the detection of alcohol consumption, drugs of abuse or other substances psychoactive.

D. /D. ª ................................................................................................................... with N.I.F. n. ...........................

DO NOT DOY consent to perform the tests that are the object of this document and I know the extent of the failure to perform the tests.

The refusal to carry out the tests carries the consideration as NOT APTO of the corresponding psycho-physical recognition, and, if necessary, could lead to the initiation of a sanctioning procedure according to the Law 39/2003 of 17 November of the railway sector. "

Sixty-two. A new Annex IX is added with the following wording:

" ANNEX IX

Medicines that may disturb or decrease the psycho-physical faculties of driving and driving personnel

IX1 Medicines under whose effects the exercise of activities should be avoided

a. Benzodiazepines:

N05B: Ansiolytics:

Alprazolam, Bentazepam, Bromazepam, Clobazam, Buspirone, Dipotassium Chlorazepate, Chlordiazepoxide, Clotiazepam, Diazepam, Halazepam, Hydroxicin, Ketazolam, Lorazepam, Oxazepam, Pinazepam.

N05C: Hypnotics and Seders:

Brotizolam, Clometiazole, Flunitrazepam, Flurazepam, Loprazolam, Lormetazepam, Midazolam, Quazepam, Triazolam, Zolpidem, Zopiclona.

b. Opiates:

N02A: Opioids,

N02AA: Natural opium alkaloids: Morfina.

N07BC: Drugs used in opioid dependency: Metadus, Buprenorphine.

c. Antiepileptics:

Group N. Nervous System. Subgroup N03.

Phenobarbital, Primidone, Phenytoin, Etosuximide, Clonazepam, Carbamazepine, Oxcarbazepine, Rufinamide, Tiagabine, Valproic-acid, Vigabatrin, Valpromide, Gabapentin, Lacosamide, Lamotrigine, Levetiracetam, Pregabalin, Topiramate, Zonisamide, Retigabine.

IX.2 Medicines included in substance controls

Controls will be performed for consumption detection, at least the following drug groups:

Opiates: benzodiazepines. "

Single repeal provision. Regulatory repeal.

The final disposition of Order FOM/2872/2010, dated November 5, is deleted.

Final disposition first. Competence title.

This ministerial order is issued under the provisions of Article 149.1. 21. of the Spanish Constitution, which attributes to the State exclusive competence in the field of railways and land transports that pass through the territory of more than one autonomous community.

Final disposition second. Incorporation of European Union law.

This order incorporates into Spanish law the Commission Directive 2014 /82/EU of 24 June 2014 amending Directive 2007 /59/EC of the European Parliament and of the Council as regards knowledge general practitioners, medical requirements and the requirements relating to the licence. The Commission Decision of 22 November 2011 on the criteria for the recognition of centres participating in the training of train drivers, the criteria for the recognition of examiners and the criteria for the recognition of the criteria for the recognition of qualifications for the organisation of the examinations, in accordance with Directive 2007 /59/EC and the Commission Recommendation of 22 November 2011 on the procedure for the recognition of training centres and driver examiners.

Final disposition third. Entry into force.

This Ministerial Order will enter into force on the day following its publication in the "Official State Gazette".

Madrid, April 9, 2015. -Minister of Development, Ana Maria Pastor Julian.