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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4243

Order FOM 2872 / 2010, of 5 November, by which determine the conditions for obtaining the qualifying titles that allow the exercise of the functions of the railway staff related to security in the circulation, as well as the regime of the centers approved training and the medical staff recognition, meant the incorporation into domestic law of Directive 2007/59/EC of the European Parliament and of the Council October 23, 2007, on the certification of train drivers of locomotives and trains on the railway system in the community is already the same that there would be future modifications to the foreseeable measures that would be taken by the European Commission in relation to the conditions and criteria of application of the Directive 2007/59/EC, in order to promote the greatest possible harmonization at the European level.

The present amendment of the above-mentioned ministerial order aims to meet, therefore a double objective. On the one hand, incorporate the Commission Decision of 22 November 2011 on the criteria for the recognition of the centers participating in the training of operators, the criteria for recognition of the examiners and the criteria for the Organization of exams, in accordance with Directive 2007/59/EC of the European Parliament and of the Council.

Also appears, in what has been estimated, the recommendation of the Commission of 22 November 2011 on the procedure for recognition of training centres and examiners of machinists, pursuant to Directive 2007/59/EC of the European Parliament and of the Council.

This order also includes modifications with regard to the necessary knowledge and precise medical requirements to access driving license, pursuant to the directive 2014/82/EU, amending Directive 2007/59/EC, with respect to General professional knowledge, medical requirements and the requirements for the license.

On the other hand, it has been to clarify and point out some issues that regulates the current order from the experience gained since its entry into force.

During the processing of this order have been heard railway entities, and other stakeholders in the railway sector and the national land transport Council.

By virtue, on the proposal of the General direction of railways, with the agreement of the Secretary-General of infrastructures and of the Secretary of State for infrastructure, transport and housing, with the prior approval of the Minister of finance and public administration and in accordance with the Council of State, I have: single article. Modification order FOM/2872/2010, of 5 November, establishing the conditions for obtaining the qualifying titles that allow the exercise of railway workers functions related to security in the circulation, as well as the regime of the centers approved training and the medical staff recognition.

One. Article 8 is worded as follows: «article 8. Conditions for access to training that allows circulation allotments.

Be required to all those who wish to access training that allows to obtain the qualifications of circulation, the fulfillment of the following conditions: a) having served eighteen years.

(b) have, at least, with the title of graduated in obligatory secondary education or equivalent to employment effects. However, to obtain circulation responsible for enabling it is necessary to have the title of Bachelor's degree or a degree of technical training or equivalent to employment effects or, failing that, prove professional experience of at least 4 years as Assistant circulation.

(c) for those interested, whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation must be made by a certificate issued by a language training center officially recognized by the Ministry of education, culture and sport. Approved training centres may, for the exclusive purpose of admission, be interested language level assessment tests.

«d) prove, by a certificate of aptitude Psychophysics issued by an approved Center of recognition, the conditions listed in annex I of this order.»

Two. Article 11 is drafted as follows: "article 11. Suspension and revocation of permits. Resources in relation to allotments.

1 a the effects of safety in rail traffic, the railway infrastructure manager shall suspend the habilitation when: a) are detected in their titular alcohol levels exceeding those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances which produce similar effects.

(b) is not made in time and form the courses referred to in article 10(2) of this order update and recycling.

(c) commits an administrative offence in the terms provided for in article 92 of the law of the railway Sector.

(d) not be renewed promptly the validity of the certificate of mental and physical fitness.

e) holder, in the exercise of their professional activity, refuses to submit to a control for detection of consumption of alcohol or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances that produce similar effects, carried out by sufficiently qualified and authorized to that effect, in accordance with the regulations.

2. also the railway infrastructure manager may suspend permits, according to the criteria of valuation that includes in its safety management system, when the holders of them committed a regulatory offence connected with security in circulation or when they have been involved, with evidence of regulatory infringement, an accident or an incident of circulation which would have resulted in an accident.

3. If the authority responsible for railway safety found, part of their activities of monitoring, that the holder of an authorization has ceased to comply with any of the requirements for obtaining or incurs any of the assumptions included in the two preceding paragraphs, will be contacted with the railway infrastructure manager to ask, rather than carry out an additional inspection , either proceed with the suspension of the rating. The infrastructure manager shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum period of four weeks. Regardless of this, the authority responsible for railway safety may prohibit provisionally the exercise of the activity until it has received the report of the infrastructure manager.

4 the holder may recover the validity of the enabling suspended when: to) prove again their fitness Psychophysics in the event of cases to) and d) (1). In the event a) of that paragraph must spend at least one period of three months of suspension, prior to again prove the recovery of psycho-physical fitness.

((b) exceed relevant courses update and recycling in the event of the case b) of paragraph 1.

((c) meets the administrative penalty which has resulted in the infringement, or proceed to your file in the event of cases) and c) of paragraph 1, as well as in the case of paragraph 2.

((d) three months from his refusal in the event of the case e) of paragraph 1, upon accreditation of their psycho-physical fitness.

(e) when you end the recovery procedure established in the system of management of safety of the administrator of railway infrastructures, in the case of paragraph 2. This procedure may include updating and recycling or accreditation of psycho-physical fitness courses.

5 the railway infrastructure manager shall revoke the qualification when: to) there is a sudden loss of some of the conditions required to obtain.

(b) its holder cessation of its activity in the railway infrastructure manager. In the case of auxiliary circulation dependent of another entity, when the owner causes low labor in the company to which he belonged when received habilitation.

(c) the sanctioning procedure which, if any, arises from the suspension of the rating, it will be concluded in the definitive loss of the same.

6. the procedure of suspension or, where appropriate, revocation of the authorization will start ex officio by the administrator of railway infrastructures, the interested audience, and its resolution is to score, in cases of suspension and revocation, in the register referred to in the second paragraph of the additional provision eighth of this order and communicate to record special rail and the person in charge of safety in the movement of that entity. The duration of the proceedings shall not exceed 3 months. Within such period without that has had reported the decision of suspension or revocation will be the expiration of procedure, which shall be declared by means of the corresponding resolution in which, in addition, the file of the proceedings will be ordered.
7. applicants or holders of permits may appeal to the authority responsible for railway safety decisions relating to the expedition, updating, suspension or revocation thereof within the period of one month from the notification of the refusal of the issue or updating, suspension or revocation of the rating, being the deadline to enact and notify the resolution of three months. Within this period without that I would have relapsed express resolution should be understood dismissed this appeal. Against decisions of the authority responsible for railway safety may bring is contentious resource.»

3. Article 14 is worded as follows: «article 14. Conditions for access to training that allows obtaining the qualifications of infrastructure.

Be required to all those who wish to access training that allows to obtain permits, compliance with the following conditions: to) having served eighteen years.

(b) have, at least, with the title of graduated in obligatory secondary education or equivalent to employment effects. However, to obtain enabling responsible for work it is necessary to have the title of Bachelor's degree or a degree of technical training or equivalent to employment effects or, failing that, prove professional experience of at least four years as a safety pilot.

(c) for those interested, whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation must be made by a certificate issued by a language training center officially recognized by the Ministry of education, culture and sport. Approved training centres may, for the exclusive purpose of admission, be interested language level assessment tests.

«d) prove, by a certificate of aptitude Psychophysics issued by an approved Center of recognition, the conditions listed in annex II of this order.»

Four. Article 17 is worded as follows: «article 17. Suspension and revocation of permits. Resources in relation to allotments.

1 a the effects of safety in rail traffic, the railway infrastructure manager shall suspend the habilitation when: a) are detected in their titular alcohol levels exceeding those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances which produce similar effects.

(b) is not made in time and form the courses referred to in article 16.2 of this order update and recycling.

(c) commits an administrative offence in the terms provided for in articles 88 and 89 of the law of the railway Sector.

(d) not be renewed promptly the validity of the certificate of mental and physical fitness.

e) holder, in the exercise of their professional activity, refuses to submit to a control for detection of consumption of alcohol or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances that produce similar effects, carried out by sufficiently qualified and authorized to that effect, in accordance with the regulations.

2. also the railway infrastructure manager may suspend permits, according to the criteria of valuation that includes in its safety management system, when the holders of them committed a regulatory offence connected with security in circulation or when they have been involved, with evidence of regulatory infringement, an accident or an incident of circulation which would have resulted in an accident.

3. If the authority responsible for railway safety found, part of their activities of monitoring, that the holder of an authorization has ceased to comply with any of the requirements for obtaining or incurs any of the assumptions included in the two preceding paragraphs, will be contacted with the railway infrastructure manager to ask, rather than carry out an additional inspection , either proceed with the suspension of the rating. The infrastructure manager shall take appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum period of four weeks. Regardless of this, the authority responsible for railway safety may prohibit provisionally the exercise of the activity until it has received the report of the infrastructure manager.

3 the holder may recover the validity of the enabling suspended when: to) prove again their fitness Psychophysics in the event of cases to) and d) (1). In the event a) of that paragraph must spend at least one period of three months of suspension, prior to again prove the recovery of psycho-physical fitness.

((b) exceed relevant courses update and recycling in the event of the case b) of paragraph 1.

((c) comply with the administrative penalty which has resulted in the infringement, or proceed to your file in the event of cases) and c) of paragraph 1, as well as in the case of paragraph 2.

((d) three months from his refusal in the event of the case e) of paragraph 1, upon accreditation of their psycho-physical fitness.

(e) when you end the recovery procedure established in the system of management of safety of the administrator of railway infrastructures, in the case of paragraph 2. This procedure may include updating and recycling or accreditation of psycho-physical fitness courses.

4 the railway infrastructure manager shall revoke the qualification when: to) there is a sudden loss of some of the conditions required to obtain.

(b) its holder cessation of its activity in the railway infrastructure manager, or, in its case, cause low labor in the company to which he belonged when he received the habilitation.

(c) the sanctioning procedure which, if any, arises from the suspension of the rating, it will be concluded in the definitive loss of the same.

5. the procedure of suspension or, where appropriate, revocation of the authorization will start automatically with the interested audience, and its resolution in cases of suspension or revocation shall enter in the register referred to in the second paragraph of the eighth additional provision of this order and shall be communicated to the railway special registration. The duration of the proceedings shall not exceed three months. Within such period without that has had reported the decision of suspension or revocation will be the expiration of procedure, which shall be declared by means of the corresponding resolution in which, in addition, the file of the proceedings will be ordered.

6. applicants or holders of permits may appeal to the authority responsible for railway safety decisions relating to the expedition, updating, suspension or revocation thereof within the period of one month from the notification of the refusal of the issue or updating, suspension or revocation of the rating, being the deadline to enact and notify the resolution of three months. Within this period without that I would have relapsed express resolution should be understood dismissed this appeal. Against decisions of the authority responsible for security you can appeal is judicial review.»

5. Article 19 is worded as follows: «article 19. Types of qualification.

1 to train staff are established, depending on the type of activity that is to be performed, the following qualifications: to) train operations assistant.

(b) in charge of cargo operations.

(c) of operator manoeuvring vehicles.

d) auxiliary cabin.

2 train Assistant enabling empowers its holder to perform, among others, the hitch release coupling for rail vehicles, assist in braking tests, and carry out the placement and removal of the tail of the train signals. You can also make, at the orders of the head of circulation and when required trained and thus record his Habilitation, the operations involved the realization of maneuvering, except handling maneuvers vehicles. The enabling of auxiliary train with range of maneuvers also empowers the cabin auxiliary work.

3. the person in charge of loading operations enabling empowers its holder to perform the functions of supervision, address and, where appropriate, implementation of the operations of loading and unloading of goods carried by rail, which include the conditioning of the load and its subject to the material being towed, that ensure that they are made in accordance with the railway rules and procedures of the loader and railway companies. It corresponds to the authority responsible for safety establish, where appropriate, specialties that correspond to this type of empowerment.
4 operator's maneuvering vehicles enabling empowers the holder to make, within the limits of the so-called area of maneuvers of the goods and terminal stations of the railway network of General interest which establishes railway legislation on security in circulation, displacement and management of railway vehicles by their way , in operations associated with the activities of maneuvers, classification, and removal or delivery of rolling stock to particular derivations, technical treatment centers or centers of maintenance of railway material. In any case, when in the management of the corresponding vehicles required to exit the protected area to carry out manoeuvres, the holder of this authorization must be in possession of a driving license.

5 auxiliary cabin enabling empowers its holder to collaborate with the driver identification and compliance with the orders of signals and other requirements of circulation that affect you, as well as the use of brake emergency and immobilization of the vehicle in case of emergency."

6. Article 20 is worded as follows: «article 20. Conditions for access to training that allows obtaining the qualifications of train operations.

Be required to all those who wish to access training that allows to obtain permits, compliance with the following conditions: to) having served eighteen years.

(b) have, at least, with the compulsory secondary education graduate degree or equivalent for labour purposes.

(c) for those interested, whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation must be made by a certificate issued by a language training center officially recognized by the Ministry of education, culture and sport. Approved training centres may, for the exclusive purpose of admission, be interested language level assessment tests.

d) prove, by a certificate of aptitude Psychophysics issued by an approved Center of recognition, the conditions contained in annex III of this order. Is exempted from this requirement enabling responsible for cargo operations.»

7. New wording is given to paragraphs 1 and 2 of article 21, which are written as follows: ' 1. the obtaining of permits referred to in this title will require overcoming the corresponding theoretical tests and practices that ensure a level of proper training and knowledge to perform the functions for which authorize, as well as, except in the habilitation for cargo operations manager» , the prefetching of the regulated psychophysical aptitude certificate in annex III of this order.

2 determined the content of training programmes for obtaining the qualifications of train operations by those in charge of safety in the movement of railway authorities, corresponds to the approved Centre with which these entities have agreed to the formation of their respective staff development of the same, by setting the hours of teaching and the typology and characteristics of the theoretical tests and practices that have overcome You must be to ensure sufficient knowledge of railway legislation on safety in the circulation.

This development proposal must be made before the security officer in the circulation of railway undertakings or the administrator of railway infrastructures for approval, in accordance with article 18 of this order.

Still the above, training programmes must be collected, at least, the following: to) with respect to empowerment of operator manoeuvring vehicles: at least one load teaching equivalent of 100 hours, of which 80 correspond to practical training and of these, at least 40 will be employed in the management of railway vehicles within the terminal. However, when available the license and certificate of driving category A will be 60 hours, of which 40 correspond to practical training and of these 20 to driving with the rail vehicle that is going to operate. In any case, the training for obtaining this authorization should collect, at least knowledge of the part that corresponds to the operator of vehicle maneuvers, the circulation and other railway regulations manuals, physical and technical characteristics of railway terminal and the operating field on which will carry out its activity, theoretical knowledge of the General characteristics of the rolling stock of manoeuvring and adaptation to the vehicle that will operate along with via and actual operation in the same practices, as well as training in the field of prevention of occupational hazards of the own position.

(b) in regard to the habilitation for cabin Assistant: in general, the training will include General and regulatory expertise of railway legislation enabling them to assist the driver in case of fault occurrence of control systems, control and signalling during the March, as well as knowledge of emergency brake and the vehicle immobilization devices. In addition, extension of the habilitation for trains scheduled without control, command and signalling system for the non-existence of such infrastructure, training shall include in addition knowledge, particularized lines which is issued the Habilitation, on signs, performance in protecting the train and corresponding blocks degraded situations.»

8. Article 23 is drafted as follows: «article 23. Suspension and revocation of permits. Resources in relation to allotments.

1 a the effects of safety in rail transport, infrastructure managers and railway undertakings shall suspend the ratings when: a) are detected in their titular alcohol levels exceeding those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances which produce similar effects.

(b) is not made in time and form the courses referred to in article 22.2 of this order update and recycling.

(c) commits an administrative offence in the terms provided for in articles 88 and 89 of the law of the railway Sector.

(d) not be renewed promptly the validity of the certificate of mental and physical fitness.

(e) the owner, in the exercise of their professional activity, refuses to submit to a control for detection of consumption of alcohol or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances which produce similar effects carried out by sufficiently qualified and authorized to that effect, in accordance with the regulations.

2. in addition, the issuing entity may suspend permits, according to the criteria of valuation that includes in its safety management system, when the holders of them committed a regulatory offence connected with security in circulation or when they have been involved, with evidence of regulatory infringement, an accident or an incident of circulation which would have resulted in an accident.

3. If the authority responsible for railway safety found, part of their activities of monitoring, that the holder of an authorization has ceased to comply with any of the requirements for obtaining or incurs any of the assumptions included in the two preceding paragraphs, will be contacted with the issuing institution to ask, rather than carry out an additional inspection , either proceed with the suspension of the rating. The licensing entity shall take the appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum period of four weeks. Regardless of this, the authority responsible for railway safety may prohibit provisionally the exercise of the activity until it has received the report of the issuing entity.

4 the holder may recover the validity of the enabling suspended when: to) prove again their fitness Psychophysics in the event of cases to) and d) (1). In the event a) of that paragraph must spend at least one period of three months of suspension, prior to again prove the recovery of psycho-physical fitness.

((b) comply with the sanction that the offence committed has given rise, or proceed to your file in the event of cases) and c) of paragraph 1, as well as in the case of paragraph 2.

((c) exceed relevant courses update and recycling in the event of the case b) of paragraph 1.

((d) three months from his refusal in the event of the case e) of paragraph 1, upon accreditation of their psycho-physical fitness.

(e) when you end the recovery procedure established in the management system of the security of the issuing entity, in the case of paragraph 2. This procedure may include updating and recycling or accreditation of psycho-physical fitness courses.

5. the infrastructure managers and railway undertakings revoked the authorization when:
(a) there is a sudden loss of some of the conditions required to obtain.

(b) its holder cessation in activity with the entity which received the habilitation.

(c) of the sanctioning procedure which, if any, arises from the suspension of the rating, is concluded with the definitive loss of the same.

6 resolution of the procedure of suspension or, where appropriate, revocation of the authorization, score, in cases of suspension or revocation, in the register referred to in the second paragraph of the additional provision eighth of this order and communicate to record special rail and the person in charge of safety in the movement of the entity that would have awarded the habilitation. The duration of the proceedings shall not exceed 3 months. Within this period without that have had reported the decision of suspension or revocation will be lapsing of procedure, which shall be declared by means of the corresponding decision in which, also, the file of the proceedings will be ordered.

7. applicants or holders of permits may appeal to the authority responsible for railway safety decisions relating to the expedition, updating, suspension or revocation thereof within the period of one month from the notification of the refusal of the issue or updating, suspension or revocation of the rating, being the deadline to enact and notify the resolution of three months. Within this period without that I would have relapsed express resolution should be understood dismissed this appeal. Against decisions of the authority responsible for security you can appeal is judicial review.»

9. Article 26 is worded as follows: «article 26. Conditions for access to training that allows enabling the maintenance of rolling stock control manager.

Be required to all those who wish to access training that allows the maintenance of rolling stock control manager enabling the fulfilment of the following conditions: to) having served eighteen years.

b) have, at least, a degree of technical vocational training of medium level related to the areas of maintenance of railway vehicles; or equivalent professional training in support of other means of transport and, in this case, to prove a minimum experience of two years in carrying out maintenance of railway vehicles.

Alternatively, when you don't have the academic level referred to earlier, at least there must be a degree of basic vocational training or professional certification have passed initial professional qualification or equivalent professional qualification programmes and certify a minimum five years experience in the realization of maintenance of railway vehicles.

(c) for those interested, whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation must be made by a certificate issued by a language training center officially recognized by the Ministry of education, culture and sport. Approved training centres may, for the exclusive purpose of admission, testing stakeholders evaluate linguistic level.»

10. Modifies the header of article 29 and gives new wording to paragraph 5, which is worded as follows: «article 29. Suspension and revocation of the rating. Resources in relation to allotments.

5. applicants or holders of permits may appeal to the authority responsible for railway safety decisions relating to the expedition, updating, suspension or revocation thereof within the period of one month from the notification of the refusal of the issue or updating, suspension or revocation of the rating, being the deadline to enact and notify the resolution of three months. Within this period without that I would have relapsed express resolution should be understood dismissed this appeal. Against decisions of the authority responsible for security you can appeal is judicial review.»

Eleven. Article 30 is worded as follows: «article 30. Certification of train drivers. License and certificates. Duration of training programs.

1. the staff of driving that operate on the railway network of General interest as a machinist belonging to a railway company provided with certificate of safety or an administrator of railway infrastructure equipped with security clearance must have fitness and qualifications to drive locomotives and trains, with the relevant certification of Machinist in force in accordance with the provisions of this title.

Machinist certification shall consist of two documents: a) a licence demonstrating that the driver meets minimum conditions in terms of requirements and general competencies. License will identify the Machinist and the licensing body and she will have its period of validity.

(b) one or more certificates in which shall be entered the infrastructures for which the holder is authorized to conduct and indicate the rolling stock is allowed to use.

2. in the absence of Community legislation that establishes it, the distribution of the number of hours of workload between training programs corresponding to the license and certificates of category A and B shall take into account that the overall number of training hours is equivalent to that provided for in the order FOM 2520 / 2006, of July 27 , for the titles of category A and B driving and of driving permits respectively.

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

3 for obtaining the certificate of category B driving, the training provided for in the preceding paragraph shall be completed with the common general knowledge described in article 40.2. to) of this order. He is obtained after a training program of at least one workload equivalent to seven hundred and twenty-five hours, of which at least three hundred eighty hours correspond to practical training and, as a minimum, one hundred sixty hours will be effective in railway vehicles driving practices.

«(En todo caso, para obtener los certificados de conducción de la categoría A y B, será exigible además la formación sobre los conocimientos recogidos en el artículo 40.2.b)) and (c) of this order, subject to the minimum learning paths laid down by the authority responsible for railway safety under cover of the seventh additional provision of this order.»

12. Article 32 is worded as follows: «article 32. Conditions for access to training that allows you to obtain the driver license.

To access training that allows to obtain driver license the applicant must meet the following requirements: to) count, at least with the degree Bachelor's degree or technical training or equivalent for labour purposes.

(b) for those interested, whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation must be made by a certificate issued by a language training center officially recognized by the Ministry of education, culture and sport. Additionally, approved training centres may, for the exclusive purpose of admission, testing stakeholder evaluation of linguistic level, in which case the test will be made by a recognized browser specifically in this field, among those listed in article 52 bis of this order.

«(c) prove, by a certificate of aptitude Psychophysics issued by an approved Center of recognition, the conditions contained in annex IV of this order.»

13. New wording is given to paragraphs 3 and 4 of article 34, which are written as follows: «3. for conducting evaluation tests, the authority responsible for railway safety, bearing in mind the criteria of independence, competence and impartiality, will appoint a court formed by qualified experts for their professional experience and knowledge, which are responsible for monitoring» control and evaluation of applicants. The Presidency of the tribunal will be held by an officer of the authority responsible for railway safety which will coordinate and oversee the performance of the evidence as a whole and shall ensure strict compliance with the law during the call. The Court shall consist, at least three members. Also within the composition of the Court will be, at least, a recognized examiner, who will be responsible for the management of the assessment tests.
4. necessary circulations to the examinations be held in sections and schedule scores provided by the relevant infrastructure manager. To these circulations won't them canon any application for the use of the infrastructure, unless they constitute commercial circulations. In the tests they may be used, in addition, simulators to test the application of the rules of operation and the behaviour of the applicant in especially difficult and degraded situations.»

Fourteen. Article 35 is worded as follows: «article 35. Obtaining the licence.

1 to obtain the license will be necessary: to) have completed twenty years of age.

(b) attend training programmes.

(c) demonstrate their general professional knowledge surpassing the assessment tests that include the general subjects listed in annex V.

d) justify mental and physical fitness through the mandatory medical certificate regulated in annex IV.

2. Once done the assessment tests, the authority responsible for railway safety will inform applicants, within a maximum period of one month from the date of completion of the tests, the results of the same, giving, where appropriate, the licence within one month after the date of communication of those results, prior payment of the corresponding fee provided for in the law of the railway Sector. Such leave will be registered in the special register of railway.

3. the licence shall be issued in a single copy. They will not be awarded duplicate, except in the event of loss, theft, or loss duly accredited.

15. Modifies the header of article 37 and new wording is given to paragraphs 4 and 5, which are written as follows: «article 37. Suspension and revocation of the license. Resources in relation to licences.

4 the authority responsible for railway safety shall revoke the license when: to) there is a sudden loss of some of the conditions required to obtain.

(b) arises from a sanctioning procedure terminating in the definitive loss of the same.

(c) in accordance with article 42, has been subject to revocation certificate by have occurred, a minimum of twice in a period of five years, detection in its headline of alcohol levels higher than those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances that produce similar effects, or the refusal to carry out the corresponding tests.

5. the resolutions issued by the authority responsible for safety in connection with the licenses run out the administrative and the same it may be brought against optional replacement appeal within a month, being the maximum period to enact and notify the resolution of the appeal of a month. Within this period without that had relapsed express resolution, dismissed that resource should be understood. All this without prejudice to the right of those concerned to have recourse to the administrative courts.»

Sixteen. Article 38 is worded as follows: «article 38. Certificates.

1. The Machinist who drive on the rail network of General interest must have, besides the Machinist, license certificate or corresponding certificates where being disclosed so much infrastructure that its holder is authorized to lead as the type or types of rolling stock are authorized to use. In accordance with article 30, the certificate authorizes the Machinist for conducting one of the following categories of vehicles and the two: to) category: vehicles and locomotives of manoeuvre; trains to work at maximum speed of 60 km/h and a maximum distance of 140 km from the base to the area of work and vice versa; railway vehicles used for maintenance and construction of rail infrastructure; and locomotives when they are used for carrying out maneuvers.

(b) category B: railway transportation of passengers and/or goods and all collected in A category).

2. such certificates shall comply with the content of annex VI to this order and shall be issued by the railway undertaking or the infrastructure manager employing the Machinist on the proposal of the head of security in the circulation of the railway company in which that provision of services.

Notwithstanding namely issued to its owner, certificate will not be personal, but it will belong to the issuing entity, so it does not apply when extinguishes the working relationship with this. The engineer will have, in any case, the right to obtain a certified copy of the same, according to the Community scale established by Annex III to Regulation (EU) No. 36/2010 of the Commission on December 3, 2009, on the community licensing models of driving trains, complementary certificates, certified copies of complementary certificates and licenses of train driving application forms , pursuant to Directive 2007/59/EC of the European Parliament and the Council, and all documents attesting to their training, qualifications, experience and professional skills.

3 corresponds to security officers in the circulation within the framework of the provisions of this order: to) propose the type and scope of driving licences.

(b) verify the implementation by the applicant of the required minimum conditions to access the necessary training to obtain the certificates referred.

(c) to determine the content of the training programmes for the obtaining and renewal of such certificates.

(d) to approve the proposal for the development of the content of training programmes and evaluation tests who make approved relevant training centre.

4 railway and enterprises, in his case, the railway infrastructure manager shall inform the authority responsible for railway safety decisions adopted pursuant to the provisions of the preceding paragraph.»

Seventeen. Article 39 is worded as follows: «article 39. Conditions for access to training that allows to obtain driving certificates.

To access the training that allows to obtain certificates of driving railway vehicles is required the fulfilment of the following conditions: to) be the holder of a licence of engineer issued by a Member State of the European Union.

(b) for those interested whose licenses have been issued in other States members of the European Union and whose native language is not English, provide proof of sufficient knowledge of Spanish that allows the applicant the appropriate follow-up of the training process. This accreditation shall be by means of a certificate issued by an officially recognised language teaching Center. In addition, approved training centres may, for the exclusive purpose of admission, testing stakeholders language level assessment, in order to verify that the applicant may be training properly, especially in terms of communication and terminology specific to railway operations and safety procedures.»

Eighteen. Article 40 is worded as follows: «article 40. Training programmes and evaluation tests for obtaining the certificates.

1. the obtaining of certificates will require overcoming the corresponding theoretical assessment tests and practices in accordance with annex V to ensure a level of proper training and knowledge to perform the functions for which it qualifies.

2 training programmes shall comply with the criteria set out in annex V. should cover at least the following aspects: to) common general knowledge of rolling stock and infrastructure.

(b) specific knowledge about specific vehicles and lines to be included in the certificate.

(c) knowledge, particular in relation to the system of management of safety of the operator.

The authority responsible for railway safety may, by resolution of its Director, establish guidelines and guidance on the content of the relevant training programmes.

3 training tasks related to obtain different precise professional knowledge of the certificates referred to in this title as well as your refresher courses will be taught necessarily by centres approved in accordance with this order.

4 training calendar, the typology, characteristics of theoretical proofs and practices as well as the duration of the exercises and corresponding evaluation tests shall be established, at the request of the person in charge of safety in the movement of railway authorities, by the approved training centres, in accordance with the corresponding training program.
In the case of applicants whose licenses have been issued in other States members of the European Union, a specific complementary training programme for obtaining certificates, shall be designed according to its accredited prior knowledge, allowing to ensure the knowledge of the required materials in this order for certificates that enable to the circulation by the railway network of General interest. These specific programmes, established by approved training centers on the proposal of the employer railway security officer, shall be communicated to the authority responsible for railway safety prior to its inception.

In those cases where the necessary training contents for certificate affect paragraph 2.a general knowledge) of this article, shall be communicated to the authority responsible for railway safety. Also, in these cases, approved training centres, shall, prior to the realization of the tests, the testing of test content, the choice of examiners and endpoints.

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

5. at the end of each training course will be theoretical and practical examinations on the level of knowledge acquired by applicants. The practical evaluation tests for obtaining the certificate of driving, as well as effective driving practices, will be conducted on the lines of the rail network of General interest for which obtained the habilitation or maneuvers, facilities connected to it. To these circulations won't them canon any application for the use of the infrastructure, unless they constitute commercial circulations.

Test simulators may be used to verify the application of the rules of exploitation and the behavior of the Machinist in particularly difficult and degraded situations.

6 evaluation tests will be carried out before a court formed by examiners of the approved Centre for training and the railway entity that issued the certificate, which is also the Presidency of the same, and must organize so that no conflicts of interest may arise. The authority responsible for railway safety may designate observers of such testing.

7. the assessment tests will make reference to the subjects listed in annex V.

8. at least every two years there will be courses of updating and recycling of theoretical and practical knowledge for the holders of the certificates, whose content will be adjusted to the matters listed in paragraph V.3 of annex v The railway authorities, within the framework of their procedures and training centres, established evaluations of the knowledge acquired in these courses, to verify the apprehension of them and their transfer to the tasks to develop.

In any case such courses should be conducted when technological innovations or policy changes occur and when, in the opinion of the authority responsible for railway safety, thus be considered.

9. during the first five years of practice the practice workload to obtain specific knowledge on the lines and vehicles for obtaining the certificate of staff of driving that referred to in paragraph 2.b) of this article shall be twice of the set as a general rule by the resolution of the seventh additional provision of this order.

10. the basic format of the document that formalized the granting of certificates shall be established by the authority responsible for railway safety and shall contain at least the information reflected in annex VI of this order.

11. the certificates shall be issued in Spanish. However, the document also containing may be drafted in another co-official language in the place of issue.

«12 when you obtain a new certificate, the issuing entity update references to infrastructure and rolling stock authorised holder Machinist.»

Nineteen. Added a new article 40 bis with the following wording: «article 40 bis.» Training courses to obtain the minimum general knowledge required for certificates of category B driving staff.

1. without prejudice to the provisions as a general rule in article 40 for the training and evaluation of certificates of driving, approved training centres, preferably in a way joint with courses relating to licenses and without the necessary upon request of a railway entity, they may apply for training corresponding to the minimal general knowledge required for category B licences (, described in article 40.2. to) of this order.

2. in this case, the procedure for call for proposals, organization and evaluation will be conducted in accordance with the provisions of articles 34 and 49, corresponding the realization of the test to the authority responsible for railway safety.

3 after passing proof, the authority responsible for railway safety issue, in addition to the license, a diploma in which include the name of the center that provided the training, name of the holder, ID, address, date and place of birth of the holder, date of issue of the diploma and passed knowledge.

4. the security of a railway authority responsible shall take account of for the issuance of certificates, diploma of the authority responsible for railway safety, as accreditation of minimum general knowledge required for the certificate in category B, without prejudice to training or further evidence as it deems appropriate. In any case, must complete the training relevant to the understanding of the paragraph 40.2. b) and (c)).

Whenever more than two years have elapsed since the award of the diploma mentioned unless the owner has obtained a certificate of category B, prior to the issuance of the certificate, candidates must make a course of recycling, taught by a training centre approved, similar to that established in article 40.8 for certificates.

5. to obtain these diplomas not necessary work linking the applicant railway entity, and they will not lose its validity in the case of sick leave in a railway body.»

20. New wording is given to paragraph 5 of article 41, which is worded as follows: ' 5. without prejudice to the provisions of article 64 of this order, concerning the terms of validity of the certificate of mental and physical fitness, every holder of a certificate shall be submitted, at the suggestion of his hierarchical superior, to additional psychophysical surveys where any of the following circumstances» (: a) has been involved in an accident or an incident of circulation which could have resulted in an accident.

(b) is observed in the holder of obvious changes in his physical or mental state.

c) has been, for sickness or accident, from the exercise of the tasks of driving railway vehicles for more than thirty days; as well as after a serious or very serious injury. «All of this without prejudice to the provisions in annex IV.»

Twenty-one. Article 42 is worded as follows: «article 42. Suspension and revocation of certificates. Resources in relation to the certificates.

1 a effects of ensuring safety in rail traffic will be suspended the validity of the certificate when: a) are detected in their titular alcohol levels exceeding those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances which produce similar effects.

(b) is not made in time and form the corresponding update and recycling courses.

(c) commits an administrative offence in the terms provided for in article 92 of the law of the railway Sector.

(d) the owner, in the exercise of their professional activity, refuses to submit to a control for detection of consumption of alcohol or analytical evidence of consumption of narcotic drugs, psychotropic substances, or any other substances that produce similar effects, carried out by sufficiently qualified and authorized to that effect, in accordance with the regulations.

2. also the issuing entity may suspend the certificate, in accordance with the assessment criteria that includes in its safety management system, when the holder commits a regulatory offence connected with the safe or where it has been involved, with evidence of regulatory infringement, an accident or an incident of circulation which would have resulted in an accident.
3. If the authority responsible for railway safety found, in its activities of inspection or control, that the engineer has ceased to comply with any of the requirements for obtaining the certificate or incurs any of the assumptions included in the previous two sections, you will contact your licensing railway entity of the same to ask, rather than carry out an additional inspection , either proceed with the suspension of the certificate. The licensing entity shall take the appropriate measures and shall communicate them to the authority responsible for railway safety within a maximum period of four weeks. Regardless of this, the authority responsible for railway safety may prohibit provisionally the engineer operating the railway network of General interest until it has received the report of the issuing entity.

If the responsible authority, or the railway infrastructure manager, it considered that the status or performance of a machinist is a serious threat for railway safety, it shall take the necessary measures, which may include the application of detention of the train, and temporarily prohibit the driver perform their activity justifying the decision. In all cases the previous decisions annotation in the corresponding registers shall and shall be communicated to the European Commission and other competent authorities, in the event that affect railway entities from other Member States.

4 the holder may recover the suspended certificate's validity when: to) again prove their fitness psychophysics, in the event of cases to) and (d)), paragraph 1. In the event a) should spend at least one minimum period of three months of suspension, prior to again prove the recovery of psycho-physical fitness.

((b) exceed relevant courses update and recycling, in the course of the case b) of paragraph 1.

((c) meet the administrative penalty which has resulted in the infringement or proceed to your file in the event of cases) and c) of paragraph 1, as well as in the case of paragraph 2.

d) after three months after his refusal in the event of the case d) of paragraph 1, upon accreditation of their psycho-physical fitness.

(e) when you end the recovery procedure established in the management system of the security of the issuing entity, in the case of paragraph 2. This procedure may include updating and recycling or accreditation of psycho-physical fitness courses.

5 shall revoke the certificate when you derive from a disciplinary procedure which, where appropriate, conclude the definitive loss of the same, and in particular in the cases: to) by have been detected in its holder alcohol levels higher than those authorized or analytical evidence of consumption of narcotic drugs, psychotropic substances or any other substances that produce similar effects, a minimum of two times over a period of five years (b) for have been the refusal to carry out tests for the detection of the use of alcohol, narcotic, psychotropic substances or other substances with similar effects, a minimum of two times over a period of five years.

6. the procedure of suspension or, where appropriate, revocation of the certificate will start ex officio by the railway company with the interested audience, and its resolution in cases of suspension or revocation shall enter in the register referred to in the second paragraph of the eighth additional provision of this order and shall be communicated to the railway special registration. The duration of the proceedings shall not exceed 3 months. Within such period without that has had reported the agreement of suspension or revocation will be the expiration of procedure, which shall be declared by means of the corresponding decision in which, in addition, the file of the proceedings will be ordered.

7. applicants or holders of the certificates may appeal to the authority responsible for railway safety decisions relating to the expedition, updating, suspension or revocation of the same within the period of one month from the notification of the refusal of the issue or updating, suspension or revocation of the certificate, being the deadline to enact and notify the resolution of three months. Within this period without that I would have relapsed express resolution should be understood dismissed this appeal. Against decisions of the authority responsible for security you can appeal is judicial review.»

Twenty-two. New wording is given to paragraphs 5 and 6 of article 47, which are written as follows: ' 5. railway infrastructure upon which driving practices by the applicants to obtain licenses and other qualifying titles of driving railway vehicles regulated by this order should be developed should correspond, as a general rule, to the rail network of General interest. " However, at the request of the approved training centre, the authority responsible for railway safety may authorize work experience of driving on railway tracks, terminals and installations connected to the network.

Training practices of the applicants to obtain the other qualifications regulated by this order should be made, as a general rule, the railway network of General interest; Although the authority responsible for railway safety, at the request of the approved training centre, may authorize such practices in other places deemed appropriate for this purpose. The previous requirement shall not apply to the training to obtain the qualifications of train and cargo operations manager operations assistant.

6 necessary circulations for conducting the test shall be carried out on the railway network of General interest. The infrastructure manager, at the request of approved training centers, will establish the segments, grooves and precise timetables for the necessary circulations to carry out tests and practices that require it. To these circulations won't them canon any application for the use of the infrastructure, unless they constitute commercial circulations.»

Twenty-three. Article 51 is worded as follows: «article 51. Obligations of the approved training centres.

1 approved training centers will be required to retain, for a period of five years, records of each course, having them at the disposal of the authority responsible for railway safety, railway authorities and where appropriate, maintenance of rolling stock centers, which established conventions.

2. also, they shall send to the railway special registration, information on the data relating to registration of a driving licence holders students who have exceeded the level of knowledge required in the corresponding update and recycling courses.

«3. the approved centres are responsible for check, before the start of the training, of the conditions for access to the same corresponding to the licenses, certificates and qualifications of this order.»

Twenty-four. Article 52 is worded as follows: «article 52. Announcement of tests. Examiners.

1 on each call for evaluation tests for obtaining driving license, the authority responsible for railway safety will define the content of the evidence on theoretical and practical knowledge, respecting the minimum content referred to in annex V of the present order, with indication of duration, number of questions or exercises to be performed and its rating criteria.

The authority responsible for railway safety shall be appointed to examine the applicants a court pursuant to article 34.3 of this order.

For the examinations approved centres are obliged to put the human and material resources available to the authority responsible for railway safety and to provide the necessary cooperation, when they needed them.

2. calls for the obtaining of permits and certificates will be restricted to the scope and procedures that have been agreed, as the case may be, by the infrastructure manager, the railway undertakings or approved service centers of rolling stock, with approved training centres. The same agreements shall, where appropriate, to define the testing of test content, the choice of examiners and qualification criteria. In the case of certificates, the content of these agreements shall be consistent with each entity railway safety management system.

3. for the purposes of the tests for obtaining driving licences, approved training centers will have the character of examination centres, as suitable to assess drivers.

In cases in which a test has only an examiner, this may not be the person who gave the student training on the specific matter under the review. «Both in this case and in cases in which no other examiners test in such circumstances, the assessment of the subjects taught by such Examiners will be done by another other examiner who has not participated in training students on this matter.»
Twenty-five. Added a new article 52 bis with the following wording: «article 52 bis.» Recognition of testers for obtaining the licence and driving licences.

1. persons wishing to apply for his Habilitation as recognized examiners must direct the request to the authority responsible for railway safety and sign a statement, whose model will be adopted by a decision by the authority responsible for railway safety, which manifest their commitment to act in impartial, independent and non-discriminatory way.

2. in General, the experience required to would-be examiners recognized concerning the matters under the consideration, should correspond to a period of not less than four years professional practice, developed in the five years preceding the date that the application is submitted which is referenced in the previous section. Their knowledge must be updated at the time of the filing of the application. The period of five years referred to in this paragraph means expanded while applicants have dedicated to any of the forms of personal, family and work-life balance provided for in the legislation on permits and licenses, if such circumstance is duly accredited.

The period of professional experience may include, among other, phases as Manager of Machinists in possession of a complementary certificate and valid driver license, or as a trainer in relevant tasks for the application as filed.

3. for tests to perform on Board of trains, the examiner must possess a valid driver license and a valid certificate for examination or a similar type of line/rolling, or, where appropriate, a title of driving and equivalent qualifications. If the examiner does not have a valid certificate for the infrastructure/rolling stock subject to the review, it must be assisted during its realization by a machinist who possesses the appropriate certificate for the infrastructure/rolling stock, in accordance with the provisions of this order.

4. in the case of new or newly equipped lines or in cases of new rolling stock, as well as in other cases of similar nature, and given that no recognized examiner may have valid driving certificate, the authority responsible for railway safety may establish conditions and special requirements which shall be required to the examiners in these cases respecting, however, the minimum professional experience established in the previous paragraph, as well as the requirement of driving license.

5 in addition, applicants must prove that, as a minimum, meet the following conditions: to) possess a degree of comprehension and oral expression of the Spanish language equivalent at least to the level B2 of the "European framework of reference of linguistic competence" prepared by the Council of Europe, extreme which must provide enough proof through certificate of language education center officially recognized;

(b) possess knowledge sufficient with regard to the procedures of the tests that are going to participate and documentation used as well as the necessary pedagogical aptitude for its realization;

(c) have a program of updating of knowledge and skills in the subjects under discussion;

(d) be familiar with the system of certification of train drivers;

(e) in the case of examiners on linguistic competences in the field of communication and terminology specific to railway operations and safety procedures, they must provide certificates according to the usual practice in the field of language training, confirming their competence to examine in accordance with the principles and methodology of the "European framework of reference for language proficiency" set up by the Council of Europe.

The authority responsible for railway safety will analyze the application and the documents accompanying it and will resolve finally giving, or in his case, denying, recognition as an examiner and will issue the appropriate credential. Against the resolution will fit the resources established by the regulations in force.

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

The holder of a valid credential recognition may request its modification at all times to add one or more fields of competition, providing appropriate, complementary documents and without the credential recognition modified due date is affected.

7. If any changes that forced to modify the credential recognition because they no longer met the requirements in relation to one or more of the areas of competence specified, recognized examiner must immediately examine in those areas of responsibility and report in writing to the authority responsible for railway safety, so you update, if the credential recognition.

8. the credentials of recognition must be renewed at the request of the examiner and shipped in the same conditions as the of the credential of initial recognition. The authority responsible for railway safety may establish a simplified procedure for cases in which no change to the conditions for recognition.

9. If after the evaluation or supervision carried out by the authority responsible for railway safety shall be observed that an examiner does not qualify for recognition, the responsible authority will withdraw or suspend the credential corresponding recognition.

The authority responsible for railway safety found that an examination recognized by the competent authority of another Member State does not meet one or more requirements of Directive 2007/59/EC and Decision 2011/765/EU, inform the competent authority of the Member State which granted the credential recognition and request the latter to perform the appropriate checks.

10. the authority responsible for railway safety registered examiners recognized within a new subsection, so called, which will appear in the section registration special railway 4th and will make public the necessary data. To maintain updated registration, recognized examiners shall inform the authority responsible for railway safety of any change in the information given in the same.

Similarly, section of approved training of railway personnel of the railway special registration centers shall be entered, then the relationship of the personal trainer in each approved Centre, the relationship of examination staff of drivers of each of these centres.

11. by a decision of the authority responsible for railway safety, published in the "Official Gazette", will develop systems of application for recognition as an examiner, concession, validity, amendment, renewal and revocation of the credentials of browser and log them.»

Twenty-six. New wording is given to paragraph 2 of article 53, which is worded as follows: «2) approved centres must provide the authority responsible for railway safety, how much information related to the training of students required them as a result of the actions of inspection. "

Regardless of the above, in any case, before 30 June of each year, centers shall submit an annual report of the activities carried out during the previous year, on which are indicated: to) detailed information about the courses and their results.

(b) description of those changes in their means, procedures or conditions which served as a basis for its approval.

(c) information on the implementation of its internal management system to ensure the quality of training and the proper functioning of the Centre, in particular on:-control of the quality of training procedures.

-Continuous training of the personnel and equipment improvements.

-Results of plans and programmes, through the fulfilment of the same indicators.

«-Results of internal audits of quality.»

Twenty-seven. Article 55 is worded as follows: «article 55. Criteria for assessing professional competence and technical capacity.

Technical capacity and professional competence requirements will be fulfilled when the Centre: to) a business structure that is adequate to provide the training that aims to teach with the proper level of quality, which will be credited with: 1 a project teaching for the set of activities that are intended to develop.

2. A plan of quality of training that would ensure the quality of the training provided pursuant to this order.

3rd a Manager as director of the Center, experienced professional in the field of training and with an official university degree, degree or masters degree or equivalent.

(b) teaching staff adequately trained and in sufficient numbers to carry on the business for which type-approval is requested. Among this staff must be:
1 at least one manager among personal instructor of theoretical training, which will have an official university degree, degree or master's degree or equivalent, and demonstrate one professional and teaching experience in subjects that make up the formation.

2. practical training trainers required for licenses and certificates of driving in possession of the license of drivers in force and a valid certificate that covers the subject matter, or a similar type of line or rolling stock, and with a minimum experience of three years in the driving of trains or locomotives.

The authority responsible for railway safety will resolve, to request reasoned each rolling Center approved, about the similarity of lines or material for the purposes of the validity of the certificates, in accordance with the provisions of the preceding paragraph.

In the case of the formation of driving certificates, if the trainer does not have this certificate, ensures that a machinist who holds such a certificate is present in the formation.

3rd at least one manager among personal instructor of practical training for the authorizations referred to in this order, that it must demonstrate experience in the duties corresponding to the qualifications whose training is provided at least four years for the formation of enabling responsible for circulation, and three years for the rest of the ratings unless exceptional circumstances expressly authorized, case to case, by the authority responsible for railway safety.

(c) means and, where appropriate, facilities adequate and sufficient to carry on the business for which type-approval is requested. He is estimated that the Centre meets this requirement if you have: 1 approximate theoretical classroom, with an average area of 2.5 square meters per student, with furniture and teachers means appropriate to the number of students and the courses and content provided in the educational project.

2. facilities to carry out practices that correspond to the training to teach. They shall be regarded as facilities of practice, in the case of the license or driving certificates, cabins of railway vehicles and workshops where they keep. For the authorizations may be considered practice facilities stations, command posts, terminals, workshops and other railway facilities where takes place the activity for which it is intended to enable.

3rd a file system suitable for the documentation relating to its staff and students, training programmes and educational activities that perform.

4th centers should meet the habitability and safety conditions required by the regulations in force.

(d) agreements, where appropriate, made with railway authorities to carry out driving practices are accompanied by a driver provided with the license and the corresponding certificate.

(e) a system of internal management, which ensures that the provision of the services provided to the railway system is consistent, at least with the standards and requirements laid down in the European and national rules governing them.»

Twenty-eight. New wording is given to the paragraph 2 and 8 of article 57, which are written as follows: ' 2. the application for approval of a training centre may be accompanied by documentation that the applicant deems appropriate for a better understanding and assessment of your request.» The following documents must be attached in any case: to) when in the case of corporations, the writing of Constitution and, where appropriate, modification, registered in the mercantile registry, stating its share capital at the time of the request. In the case of foundations, the articles of incorporation and registration in the corresponding register of foundations. In the case of centres of a railway entity, the writing of this Constitution or, where appropriate, legal references to the condition of public enterprise on which it depends.

(b) a statement responsible for not found in any of the cases listed in article 54.3 when it is not possible to provide the corresponding certificates. Administrators or managers of entities that request approval and have foreign nationality, must submit a certificate issued by the competent authority of their State which invoked stated that they are not in any of the assumptions expressed in that article.

(c) a copy of the internal statute of the Centre.

(d) an organizational chart of the organizational structure of the Centre containing the main cause of the same in the different areas of training.

(e) a teaching project of the training centre stating the teaching programs of each course and subject that is intended to impart. The project will determine the type and average annual number of students expected to attend and teachers that will have shows is. Also indicate the procedures available to keep up-to-date methods, instruments and training equipment, including bibliography on training, software and programs, where appropriate, documentation provided by the administrator of railway infrastructures and will accompany the planned to offer management skills, lifelong learning and measures to keep updated the professional qualifications of their personal trainer.

(f) "Curriculum vitae" of those responsible for the direction of the Centre and theoretical formations and practices, indicating among other data, license, certificates, authorizations and other titles and diplomas which have, where appropriate.

(g) "Curriculum vitae" of the rest of the personal trainer that count the Center, indicating among other data, license, certificates, authorizations and other diplomas and degrees with those who have, in their case.

(h) copy, where appropriate, the agreements concluded with railway entities to carry out practices of driving with an authorized driver or to use its simulators and equipment.

(i) description of the facilities that will occupy the Center, with its corresponding levels of detail and justified relationship of computers and other media materials that will have.

(j) description of the internal management system that describes the procedures to ensure compliance with the legal requirements.

k) Plan of prevention of labour risks for the exercise of their activity.

(l) indication of systems that communicate with the authority responsible for railway safety, the railway infrastructure manager and, where appropriate, with the companies operating in the railway sector for whose workers expected to carry out training activities.

(m) a document showing compliance with the requirements of financial capacity.

(n) a document showing compliance with the requirements of civil liability coverage.

(o) supporting documentation of the legal status of the applicant and, where appropriate, of the representative and the power with which it acts.

In the event that any additional documentation was required at the ready in this section, the applicant shall a fortnight from the date when this is required, to present documentation that remedy and fill the supplied together with the application. The lack of submission of documentation concerned within the arranged period will be sufficient grounds for the refusal of the application for approval.

8. the decisions of the authority responsible for security will exhausted administrative remedies and they are may be brought against optional replacement appeal within a month, being the maximum period to enact and notify the resolution of the appeal of a month. Within this period without that had relapsed express resolution, dismissed that resource should be understood. All this without prejudice to the right of those concerned to have recourse to the administrative courts.»

Twenty-nine. New wording is given to paragraph 3 of article 58, which is worded as follows: ' 3. without prejudice to the foregoing, the authority responsible for railway safety will carry out inspections of the approved centres of training on an annual basis and when there are well-founded doubts about possible breaches of the requirements that fall them due to them. "

Thirty. New wording is given to (6) of article 59, which is worded as follows: ' 6. decisions of the authority responsible for security will exhausted administrative remedies and they are may be brought against optional replacement appeal within a month, being the maximum period to enact and notify the resolution of the appeal of a month. " Within this period without that had relapsed express resolution, dismissed that resource should be understood. All this without prejudice to the right of those concerned to have recourse to the administrative courts.»

Thirty-one. New wording is given to paragraph 3 of article 62, which is worded as follows:
«3. the person who must undergo evaluation psychophysical tests will provide approved Center of medical examination where to expect them to make an affidavit containing the data about his medical health, history as well as, where appropriate, prescribed medication and medical reports in this regard, for the purpose of verification by the optional medical staff. This declaration shall include at least the data reflected in annex VII. It will let you know that you are required to file a statement as complete and accurate as their knowledge of these details allow you.»

Thirty-two. A new paragraph 5 is added to article 63 with the following wording: «(5. En los certificados se calificará ael personal dentro de las siguientes categorías: a) apt: one who meets all the psychophysical conditions provided for in this order for obtaining or renewal of its enabling title.»

(b) not suitable: one who does not meet all physical conditions laid down in this order for obtaining or renewal of its enabling title.

(c) no suitable temporary: one who does not meet the physical conditions laid down in the present order for obtaining or renewal of its enabling title, because that can be remedied within a limited time period. In that case you can undergo a further review within the period which the recognizer doctor. During this period, the corresponding enabling title will be suspended."

Thirty-three. Added a new article 63 bis with the following wording: «article 63 bis.» Recovery of certificates with the result of No Apto.

In those cases in which a result of 'unfit' certificate is issued, the interested party may request a new recognition that confirm the decision or to check if the conditions that led to it have changed. The new recognition, which may be requested in the same or another approved facility, must comply with the following conditions: to) must spend a minimum period of at least three months between both honors.

(b) the applicant shall be obliged to show the second centre, the prior existence of an 'unfit' and the reasons justifying it.

In the event that, as a result of this second assessment, medical examination centre considered appropriate to change the final assessment to "fit", you must put it in the authority responsible for rail safety, for your registration in the special register of railway, and as well as the first centre that issued the certificate with result of 'unfit'.»

Thirty-four. Article 64 is worded as follows: «article 64. Validity of certificates of mental and physical fitness.

1 certificate of mental and physical fitness for driving staff is as a general rule valid for one year from the date of issue, except in paragraph 4.

However the above, approved medical center may prescribe psychophysical aptitude tests more frequently, if required by the State of health of the worker.

All of this without prejudice to the mandatory recognition set out in article 41.5 of this order and those who may request railway institutions with regard to workers away from service for safety reasons in the circulation.

2. the certificate of aptitude Psychophysics from the rest of the railway workers will have as a general rule valid for 5 years, with the exception in paragraph 4. From the age of 50 the validity period will be reduced from 60 to one year and three years. Ages before concerned shall be taken into account at the time of completion of psychophysical aptitude tests.

3. the period of validity of the certificate of mental and physical fitness may be reduced in specific cases, by the corresponding approved Centre, according to the results of tests taken.

4 If the renewal of a certificate is made in the 30 days prior to its expiration date, the validity of the new certificate shall extend from the date of expiry of the previous licence and for a period which corresponds in application than specified in the preceding paragraphs.»

Thirty-five. New wording is given to paragraph 1 of article 65, which is worded as follows: ' 1. the medical centers that have been approved will be required to retain for ten years the personal clinical records of each evaluation, having them available to the authority responsible for railway safety, and public business entities and railway undertakings to establish conventions.» This obligation can be completed electronically provided that it is sufficiently accredited content of such clinical records. All this without prejudice to compliance with the legislation on protection of personal data."

Thirty-six. New wording is given to paragraph 2 of article 66, which is worded as follows: «2) centers must provide to the authority responsible for railway safety, how much information related to the evaluation of the Psychophysics of railway staff capacity required them as a result of the actions of inspection. "

Regardless of the above, in any case, before 30 June of each year, centers shall submit an annual report of the activities carried out during the previous year, on which are indicated: to) detailed information on the activities undertaken, including examinations carried out and the results of "unfit".

(b) description of those changes in their means, procedures or conditions which served as a basis for its approval.

(c) information on the implementation of its internal management system to ensure the quality of surveys and the proper functioning of the Centre, in particular on:-training of personnel and equipment improvements.

-Results of plans and programmes, through the fulfilment of the same indicators.

«-Results of internal audits of quality.»

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 fulfilled when the Centre: to) a business structure adequate to make evaluations of capacity Psychophysics with the proper level of quality, which will be credited with the documentation showing that: 1 meets the requirements demanded by health authorities for conducting psychophysical honors, reports and medical and psychological assessments required for the issuance of certificates for the evaluation of mental and physical ability.

2 has a director of the Center, with professional experience and official university degree or degree or Master's degree.

(b) the staff of the Centre shall consist as a minimum: 1 a medical officer of the Center, which is in possession of a degree in medicine or medicine and surgery and with, at least three years experience in evaluation of fitness in the areas of transport.

2. A psychological responsible of the Center which is in possession of a degree in psychology and experience, at least a three-year evaluation of the psychological aptitude in the fields of transport.

3rd staff qualified and in sufficient number to recognize and evaluate the mental and physical capacity. For this purpose, in-house staff there must be, at a minimum, a Licentiate in medicine or medicine and surgery, which may coincide with the medical officer of the Center, a graduate in psychology, which may coincide with psychological responsible for the Center and a university diploma in nursing. For the rest of the staff is concerned, the Centre may have established agreements with physicians and clinical analysis laboratories as well as any medical facility or psychological Cabinet.

(c) means and, where appropriate, facilities adequate and sufficient to carry on the business for which type-approval is requested. He is estimated that the Centre meets this requirement if you have: 1 adequate facilities for its intended purpose, sufficient quality standards, validated by obtaining a sanitary authorization.

2nd material and equipment required for the medical tests required to assess the requirements of this order, including the necessary evidence for the psychological recognition test.

3rd a file system suitable for the documentation relating to its staff and assessments of capacity Psychophysics carrying.

(d) a system of internal management, which ensures that the provision of the services provided to the railway system is consistent, at least with the standards and requirements laid down in the European and national rules governing them.»

Thirty-eight. (Added two new paragraphs n) and or) paragraph 2 of article 70 and amending paragraph 7, which are written as follows: «n) management system description internal procedures to ensure compliance with the legal requirements.

(o) plan of accredited continuing education of doctors and psychologists of the Centre, including its expertise in the field of transport matters.
7. the decisions of the authority responsible for security will exhausted administrative remedies and they are may be brought against optional replacement appeal within a month, being the maximum period to enact and notify the resolution of the appeal of a month. Within this period without that had relapsed express resolution, dismissed that resource should be understood. All this without prejudice to the right of those concerned to have recourse to the administrative courts.»

Thirty-nine. New wording is given to paragraph 3 of article 71, which is worded as follows: «3. without limiting the foregoing, the authority responsible for railway safety will carry out inspections of the centres on an annual basis and when have well-founded doubts about possible breaches of the requirements that fall them due to them. "

Forty. Amending paragraph 6 of article 72, which is worded as follows: ' 6. decisions of the authority responsible for security will exhausted administrative remedies and they are may be brought against optional replacement appeal within a month, being the maximum period to enact and notify the resolution of the appeal of a month. " Within this period without that had relapsed express resolution, dismissed that resource should be understood. All this without prejudice to the right of those concerned to have recourse to the administrative courts.»

Forty-one. New wording is given to paragraphs 1 and 2 of the third additional provision, which are written as follows: ' 1. licenses of drivers in force 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 circulation they must prove the requirement of knowledge of the Spanish language equivalent to level B1, in accordance with provisions in the directive 2014/82/EU, of the Commission of 24 June 2014, amending Directive 2007/59/EC of the Parliament and of the Council, with regard to General professional knowledge medical requirements and the requirements for the license.

2. the accreditation of knowledge of the Spanish language, referred to in the preceding paragraph may be made, inter alia, by means of a certificate issued by an officially recognised language teaching centre or through a certificate issued by an approved Center of formation of railway workers. To do this, approved training centres may be stakeholders assessment tests, allowing to check their language skills in the railway field, in which case the test will be made by an examiner recognized specifically in this field.»

Forty-two. The sixth additional provision is worded as follows: «sixth additional provision. Controls for detection of alcohol and analytical evidence of consumption of psychoactive substances and drugs of abuse.

1. in the initial or periodic tests of the certificates of competency psychophysics, carried out in medical centres approved for the collection and preservation of the effectiveness of the enabling titles that require it, as set out in this order, will be, within the same, specific tests to detect alcohol and analytical evidence of consumption of psychoactive substances and drugs of abuse. For this purpose, staff will sign informed consent whose minimum content will be that of the model in annex VIII.

2. the Ministry of development, either directly or through the qualified body which determines, in the exercise of its powers of inspection of the railway activities that gives the article 86 of the law of the rail Sector and in the field of accident investigation contained in the regulation of the railway Sector, may order whenever it so deems checks to detect alcohol and analytical evidence of drug abuse and substance use illegal, of the staff of the categories subject to this order.

3. the railway infrastructure managers and railway undertakings, within the procedures of their management systems of safety pursuant to the regulations on safety in railway and inspection and investigation of accidents and incidents in which will be involved, programmed and carried out random sampling checks for detecting rates of alcohol and drug abuse and psychoactive substances among all personnel authorized by them.

These controls must be carried out of circulation, infrastructure, driving and personnel operations of the train which is regulated in this order, in the exercise of their professional activity.

The abovementioned procedures be established which staff is authorized to carry out tests of control and precise qualifications.

4. the result obtained after the completion of tests to detect alcohol consumption is considered positive when this exceeds maximum blood alcohol rates set out in the eleventh additional provision of Royal Decree 2387 / 2004, 30 December, which approves the regulation of the railway Sector.

5. the result obtained after the completion of tests to detect drugs of abuse and psychoactive substances consumption is considered positive if there is analytical evidence of such substances.

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

So the biological matrices of oral saliva-fluido in the first instance and by chromatographic method of confirmation analysis will be employed. In addition, staff may request proof of additional contrast in blood tests.

6. in any case expressed in the previous section, and to ensure the identity of the biological sample and the suitability of the result obtained to the person concerned, a procedure of chain of custody of the biological samples will be established and will remember with the laboratory of clinical analysis perform a second test which is considered confirmation to all samples that are positive , and which shall be carried out with an analytical method of confirmation, greater sensitivity, able to validate the results. In the final report of the laboratory it shall specify the technique used and the concentration of the substance or substances detected.

7. If the result of one of the tests would detect that the maximum alcohol rate established in the Royal Decree 2387 exceeded / 2004, 30 December, which approves the regulation of the railway Sector, or that there is analytical evidence of drug abuse and/or psychoactive substance use, proceed as follows (: a) in evaluation of mental and physical ability tests, the subject will be valued with consideration of unfit or unsuitable temporary.

(b) in the random sampling checks, shall apply as provided in the articles of this order, for each case, in each of the qualifying titles that holds the person subject to this control.'

Forty-three. Added a new thirteenth additional provision with the following wording: «thirteenth additional provision. Recognition of academic requirements for access to certificates of driving of category B staff from the exchange of other qualifying securities licenses.

Staff of driving with license and certificate of category A from a process of exchange of a title than those laid down in the order FOM 2520 / 2006 or an authorization to conduct by the metric width of the extinct FEVE network, but which does not have the degree academic Bachelor or intermediate level technician or equivalent to employment effects «, seeking access to a certificate of category B, will have to prove the performance for at least 4 years of the functions covered by a category A driving certificate.»

Forty-four. Added a new fourteenth additional provision with the following wording: «fourteenth additional provision. Drugs that can disrupt or diminish the physical powers of staff driving or circulation.

1 is the responsibility of the concerned staff bring to the attention of physicians attending him prescribe a medical treatment, the demands of their duties in their job, requesting that it is consistency in your medical history, so these optional value their compatibility with the prescribed medication.

Clinicians should take into account these requirements of the job of railway workers before prescribing drugs, in order to decide if these can be replaced by others or if the person can not carry out their usual work. As reference, to avoid all those that have been rated as capable of "reduce the ability to drive or operate machinery" by the Spanish Agency of medicines and health products, and including the corresponding warning in its prospect and a specific symbol on its outer packaging, in accordance with the Royal Decree 1345 / 2007 of 11 October, which regulates the procedure of authorization , registration and dispensation of industrially manufactured medicaments for human use conditions.
2. the entities, within their systems of safety management procedures, scheduled activities training and awareness-raising about the responsible use of medicines.

In particular, control measures will have to avoid in any case the performance of the activities under the effects of the substances listed in paragraph 1 of annex IX.

«To do so, simultaneously controls for detection of consumption of alcohol or analytical evidence of abuse drugs and psychoactive substances, which are detailed in the sixth additional provision, held control of, at least, the active ingredients that may affect performance, listed in paragraph 2 of annex IX of this order.»

45. Added a new fifteenth additional provision with the following wording: «fifteenth additional provision. Psychological testing for psychophysical recognition of driving staff.

1. the Ministry of public works, directly or through a qualified body, will develop, within a period of one year, the tools for the evaluation of the psychological capacity for driving personnel to be used by approved centres for psycho-physical acknowledgement.

2. in that case, these centres will have obligation of confidentiality on these tests and perform a correct and proper use of them. A breach of this obligation can lead to the revocation of its approval as a medical center.

3. in the absence of such evidence, the authority responsible for railway safety may issue interpretive recommendations about the appropriate ranges for rating the different psychological variables.»

Forty-six. Second the transitional provision is worded as follows: «second transitional provision. Regime applicable to staff and centres providing their services in the public company Ferrocarriles de Via Estrecha (FEVE) at the time of its extinction.

1 the personnel authorized by the FEVE entity at the time of its extinction, December 31, 2012, for activities related to safety in the traffic on the railway network of general interest of metric, means authorized to continue to serve these functions, pursuant to the letter e) of the eighty ninth additional provision of law 17/2012 , of 27 December, the State budget by 2013.

2 a effects that such personnel have the accreditation on the basis of this order, is established the following process of recognition: to) for the driving personnel: the authority responsible for railway safety, prior accreditation by railway authorities that the staff was subject to the conditions of paragraph 1, be issued a driver license and a diploma on those knowledge among the generals described in article 40.2. to) required for the certificate of driving of category B, which can be considered automatically accredited to the functions in the metric network.

This diploma will be personal and will not require labor link of the applicant to a railway entity and will not expire in the case of sick leave in a State railway, by keeping in force whenever the refresher courses referred to in article 40.8 are exceeded.

In view of the aforementioned diploma of the authority responsible for railway safety, and training which, in his case, each entity considers relevant about own safety management system, railway authorities may issue a certificate category B limited exclusively in its scope to the metric system. Vehicles and lines that were authorized in the extinct FEVE will include.

To obtain a certificate of category B which allows them to exercise in the rest of the network, should be a complementary course that complete their training with the contents of the rest of the network, and whose route will be defined by the decision of the authority responsible for railway safety defined in the seventh additional provision.

These certificates of category B field restricted to the metric system will be exclusive to the personnel subject to this provision and shall cease when the Machinist cease their professional activity or finished the process to obtain a certificate of category B without restrictions.

This recognition process must be completed within a year from the publication of this order.

(b) for the rest of the staff that exercises functions of security, infrastructure managers and railway undertakings issued enabling titles, from among those referred to in this order, which can be regarded as equivalent to the functions authorized by the extinct FEVE. In this case, the recognition process must be completed within a year from the publication of this order.

3 exclusively within this process of recognition of qualifying titles, is considered the personnel subject to this provision convalidado the fulfilment of the minimum academic requirements laid down in this order to gain access to the training.

In terms of the psychophysical criteria laid down in this order, personal si shall be subject to compliance, which must be previously credited to the issuance of the new enabling titles.

4. starting from the issuance of the new enabling titles, these documents are subject to the conditions of validity, suspension and revocation set out, in each case, in this order.

5. in relation to psycho-physical acknowledgement and training centers which, to date, 31 December 2012 were providing these services for metric network, shall be considered authorized to continue exercising the responsibilities of this order in relation to that network.

However, these centres must apply for the authority responsible for safety corresponding approval until six months have elapsed since the entry into force of this order, in accordance with the procedure laid down therein. In the event of psychophysical recognition and training centers that were providing services to the metric network is integrated into other previously approved should be requested the corresponding extension of type-approval within the same period.»

Forty-seven. Amending the third transitional provision, which is worded as follows: «third transitional provision. CAB auxiliary allotments.

1 enabling auxiliary cabin provided for in article 19(1). d) this order will not be enforceable until not to create the figure of auxiliary cabin railway regulations which is referenced in the fourteenth additional provision of law 39 / 2003, 17 November, in the railway Sector.

2 staff who, at that time, is authorized by the railway undertakings to exercise functions similar to the of auxiliary cabin mentioned in the present order may be authorized by them to continue such functions.

However, within a year, railway undertakings shall issue appropriate supporting documentation of the Habilitation, prior accreditation of psychophysical requirements collected in this order and the corresponding complementary formation of recycling and adaptation of their theoretical and practical knowledge.

These documents shall be subject to the conditions of validity, suspension and revocation set forth in this order.

3 inside of this recognition of diplomas enabling process, shall be considered to the personnel subject to this provision convalidado the fulfilment of the minimum academic requirements laid down in this order to gain access to the formation, under their professional experience and continuous training in undertakings.'

Forty-eight. Amending the fourth transitional provision, which is worded as follows: «fourth transitional provision. Qualifications of person in charge of loading operations.

1. the requirement of enabling title of person in charge of loading operations will take place one year after the entry into force of this order.

2 that year staff who, at the time of entry into force of this order, is authorized by the railway undertakings to carry out functions of charger, according to the initial draft of the order 2872 / 2010, can be enabled by such companies as head of operations of load in the following cases: to) through the accreditation of a minimum experience of two years as a charger.

(b) after overcoming a specific training course.

In both cases, shall be considered convalidado the expected minimum academic requirements to access enabling responsible for cargo operations training.'

Forty-nine. The transitional provision the eighth is worded as follows: «eighth transitory provision. Temporary validity of title V of the order FOM 2520 / 2006, of July 27.
Title V of the order FOM 2520 / 2006, of July 27, establishing the conditions for obtaining titles and qualifications that enable the exercise of security-related features of the railway workers, as well as the regime of the centers of training of personnel and the valuation of their psycho-physical fitness remain in force until the day 11 of January of 2019, date in which will be replaced by Title VI of the present order, all in accordance with the timetable laid down in the third final provision.

However, apply to driving titles collected in the aforementioned order 2520 / 2006, the requirements laid down in the present order in relation to the programmes of training and retraining of theoretical and practical knowledge and their periods of validity, as well as in relation to psychophysical of driving staff requirements, and the periods of validity of the corresponding awards.

«Will also be the title of driving A collected in the order 2520 / 2006 allows for the same functions that always complements the certificate of A category referred to in article 38.1 of this order, with the proper qualifications.»

Fifty. Added a new tenth transitional provision with the following wording: «tenth transitional provision. Deadlines for effective training recyclings and psychophysical recognition of driving staff.

All those educational recycling or psychophysical awards in force at the time of entry into force of this order, will continue to be so until the end of its validity period initially established.»

Fifty-one. Added a new eleventh transitional provision with the following wording: «eleventh transitional provision. Validity of the approval of centres of psycho-physical acknowledgement.

«Medical centres approved at the time of entry into force of this order, remain valid approval until its next renewal date, time in which must prove compliance with the new requirements introduced with this order, especially those relating to the medical officer of the Center.»

Fifty-two. Added a new twelfth transitional provision with the following wording: «twelfth transitional provision. State Agency of railway safety.

As long as you operate is the State Agency for railway safety referred to in the fifth subparagraph of paragraph 1 of the third additional provision of law 28/2006, of July 18, State agencies for the improvement of public services, the functions of authority responsible for railway safety will be carried out by the General of railways of the Ministry of development (, in accordance with the transitional provision eighth of the law of the rail Sector and in the article 2.v) of the Real Decree 1434 / 2010 of 5 November, on the interoperability of the rail system of the rail network of General interest.

The resolutions issued by the General direction of railways on the basis of this order will not put end to the administrative procedure and appeal, in accordance with the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure may bring against them."

Fifty-three. Paragraph 1.c.1 of the third final provision, which is drawn up is modified as follows: "c.1. Titles of category A driving and for driving permits. Within a period of 6 months from the entry into force of this order shall be exchanged category A driving titles and permits of driving by the relevant driver licenses and certificates of category A, consistent with this order. This process shall be completed within the period of 1 year from the said entry into force.'

Fifty-four. Add a new fifth final provision with the following wording: «fifth final provision. Modification of denomination.

1. all references of this order to the General Directorate of rail infrastructure to be understood made the authority responsible for railway safety.

2. all references to the administrator of railway infrastructure in the order shall be deemed performed to railway infrastructure managers.»

Fifty-five. Add a new sixth final provision with the following wording: «sixth final provision. Skill-related title.

This ministerial order is issued on the basis of provisions in article 149.1. 21st of the Spanish Constitution, which attributes to the State exclusive competence in railways and land-based transport within the territory of more than one autonomous community.»

Fifty-six. Added a new seventh final provision with the following wording: «seventh final disposition. Incorporation of European Union law.

Through this order joins the Spanish law Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers of locomotives and trains on the railway system in the community.»

Fifty-seven. Modifies the annex III which is worded as follows: ' Annex III conditions of psycho-physical capacity for certification assessment of fitness for the General requirements do not train staff should suffer from disease or taking medication, drugs, or substances that can cause the following effects:-sudden loss of awareness;»

-Decrease in attention or concentration;

-Sudden incapacity;

-Loss of balance or coordination;

-Significant limitation of mobility.

1. in the case of the Assistant of operations of the train.

Vision: a) distant visual acuity: 0,700 with both eyes in binocular vision, with a minimum of 0,300 in the worse eye, with or without correction. (near-sightedness decimal scale).

b) if he is necessary to use corrective devices to achieve required, visual acuity should be available a spare of their correctness.

(c) maximum permissible correction; Hyperopia diopters + 5 / myopia - 8 dioptres.

(d) the use of contact lenses is permitted provided that they are not coloured contact lenses and Photochromatic. Equipped with UV filter lenses are allowed.

(e) visual acuity intermediate and next: enough, without or with correction.

(f) other conditions: 1 this binocular Vision.

2. normal luminous sense.

3rd full visual field.

4th integrity of the eye and its appendages.

5 this Fusion.

6 not having progressive disease of organs of vision.

7th case of ocular implant or refractive surgery must spend at least six months to be valued again, and in any case must present favourable eye report.

8 in the event that in the scope of the enabling include carrying out maneuvers, normal chromatic sense with Ishihara test and, if necessary, confirmed by another test.

Hearing: a) hearing enough, without or with hearing confirmed by an audiogram, i.e., sufficient hearing to keep a telephone conversation and to be able to hear radio messages and alert tones.

(b) delete tonal audiometry: 1st half loss: calculated using the arithmetic mean of the losses in the frequencies of 500, 1,000 and 2,000 Hz that meets the following conditions: not to exceed the 45 dB H.L. in none of the ears. Only will be allowed to reach the 50 dB H.L. in the ear with worse hearing, when in other ear are not exceeded the 40 dB H.L.

2nd loss to 4,000 Hz: do not exceed the 65 dB H.L., in none of the ears. Only will be allowed to reach the 75 dB H.L. in the ear with worse hearing, when in other ear are not exceeded the 55 dB H.L.

(c) other conditions otorhinolaryngologic: 1 do not suffer from chronic disorders of speech that hinder verbal communication clear and sufficiently powerful.

2. do not suffer from abnormalities of the vestibular system.

Psychological capacity: Psychological capacity for carrying out their tasks with safety criteria will be established on the basis of the evaluation of the following skills: to) cognitive (attention, concentration, memory, reasoning, perception, communication).

(b) Psicomotora (speed of reaction, psychomotor coordination).

(c) comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability).

2. for operator maneuvers vehicles.

Vision: a) distant visual acuity: 0,800 with both eyes in binocular vision, with a minimum of 0.500 in the worse eye, with or without correction. (near-sightedness decimal scale).

b) if he is necessary to use corrective devices to achieve required, visual acuity should be available a spare of their correctness.

(c) maximum permissible correction; Hyperopia diopters + 5 / myopia - 8 dioptres.

(d) the use of contact lenses is permitted provided that they are not coloured contact lenses and Photochromatic. Equipped with UV filter lenses are allowed.

(e) visual acuity intermediate and next: enough, without or with correction.

(f) other conditions: 1 this binocular Vision.

2nd normal chromatic sense with Ishihara test and, if necessary, confirmed by another test.

3rd response time to normal glare.

4th normal luminous sense.
5 normal stereoscopic Vision.

6 full visual field.

7th integrity of the eye and its appendages.

8 this Fusion.

9th do not suffer from progressive disease of organs of vision.

10. in case of ocular implant or refractive surgery must spend at least six months to be valued again, and in any case must present favourable eye report.

Hearing: a) hearing enough, without or with hearing confirmed by an audiogram, i.e., sufficient hearing to keep a telephone conversation and to be able to hear radio messages and alert tones.

(b) delete tonal audiometry: 1st half loss: calculated using the arithmetic mean of the losses in the frequencies of 500, 1,000 and 2,000 Hz that meets the following conditions: not to exceed the 40 dB H.L. in none of the ears. Only will be allowed to reach the 45 dB H.L. in the ear with worse hearing, when in other ear are not exceeded the 30 dB H.L.

2nd loss to 4,000 Hz: not exceed 60 dB H.L., in none of the ears. Only will be allowed to reach 70 dB H.L. in the ear with worse hearing, when in other ear are not exceeded the 50 dB H.L.

(c) other conditions otorhinolaryngologic: 1 do not suffer from chronic disorders of speech that hinder verbal communication clear and sufficiently powerful.

2. do not suffer from abnormalities of the vestibular system.

Psychological capacity: Psychological capacity for carrying out their tasks with safety criteria will be established on the basis of the evaluation of the following skills: to) cognitive (attention, concentration, memory, reasoning, perception, communication).

(b) Psicomotora (speed of reaction, psychomotor coordination).

(c) comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability).

3. in the case of auxiliary cabin.

General requirements: in the assessment of the General requirements shall take into account the exceptional circumstances in which can be be enabled this category of personnel, as well as the possible alternative measures implemented in regulations and systems of management of the safety in case of his absence.

Vision: a) distant visual acuity: 0,700 with both eyes in binocular vision, with a minimum of 0,300 in the worse eye, with or without correction. (near-sightedness decimal scale).

b) if he is necessary to use corrective devices to achieve required, visual acuity should be available a spare of their correctness.

(c) maximum permissible correction; Hyperopia diopters + 5 / myopia - 8 dioptres.

(d) the use of contact lenses is permitted provided that they are not coloured contact lenses and Photochromatic. Equipped with UV filter lenses are allowed.

(e) visual acuity intermediate and next: enough, without or with correction.

(f) other conditions: 1 this binocular Vision.

2. normal luminous sense.

3rd full visual field.

4th integrity of the eye and its appendages.

5 this Fusion.

6 not having progressive disease of organs of vision.

7th case of ocular implant or refractive surgery must spend at least six months to be valued again, and in any case must present favourable eye report.

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

Hearing: a) hearing enough, without or with hearing confirmed by an audiogram, i.e., sufficient hearing to keep a telephone or face-to-face conversation at an average distance of 4 meters or 2 meters on the side worse and be able to hear warning tones, alarm sounds, notices of work tools typical of the environment and radio messages.

(b) other conditions otorhinolaryngologic: 1 do not suffer from chronic disorders of speech that hinder verbal communication clear and sufficiently powerful.

2. do not suffer from abnormalities of the vestibular system.

Psychological capacity: Psychological capacity for carrying out their tasks with safety criteria will be established on the basis of the evaluation of the following skills: to) cognitive (attention, concentration, memory, reasoning, perception, communication).

(b) Psicomotora (speed of reaction, psychomotor coordination).

(d) Comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability).»

Fifty-eight. Modifies the annex IV which is drawn up as follows: «(ANEXO IV Condiciones de capacidad psicofísica para la certificación de valoración de aptitud deel personal de conducción IV.1) conditions of psycho-physical capacity evaluation criteria of Psychophysics in the staff of driving ability will have the objective of rule out possible deficiencies, limitations, losses of sensory, cognitive and motor functions that can trigger» , either sudden or progressive, inability to develop the tasks of driving safely.

IV.1.1) General requirements: In general, is shall not suffer from disease or taking medication, drugs, or substances that can cause the following effects:-sudden loss of consciousness;

-Decrease in attention or concentration;

-Sudden incapacity;

-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 smaller vision eye;

(b) maximum corrective lenses: hypermetropia + 5, myopia - 8. Exceptions in special cases, after opinion of an ophthalmologist will be cleared. The final decision will be up to your doctor;

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

(d) contact lenses and glasses are allowed provided that they are subject to regular monitoring by a specialist;

(e) normal colour vision: use of a recognised test, as Ishihara, complemented with other recognized test, if necessary;

(f) field of vision: full;

(g) vision for both eyes: effective;

(h) binocular vision: effective;

(i) recognition of the color signals: the test shall be based on recognition of colors separately and not of disputes;

(j) sensitivity to contrast: good;

(k) absence of degenerative diseases of the eye;

(l) only will be allowed implant eye, queratotomias and queratectomias if they are the subject of recognition at annual intervals or according to the periodicity decided by the physician;

(m) the glare resistance capacity; There must be no significant alterations in resilience to dazzling or alterations in mesopic vision.

(n) colored contact lenses and Photochromatic lenses are not authorized. Lenses with UV filter are warranted.

(IV.1.3) hearing and conversation: a) sufficient hearing confirmed by an audiogram, i.e.: sufficient hearing to keep a telephone conversation and to be able to hear radio messages and alert tones.

(b) delete tonal audiometry: 1. hearing loss may not be higher than 40 dB at 500 and 1,000 Hz, in each of the ears;

2. the hearing shall not be higher than 45 dB at 2000 Hz for the ear of worst air conduction;

3. loss at 4000 Hz. The loss to 4000 Hz will not exceed 60 dB H.L. in none of the ears. Only will be allowed to reach 70 dB H.L. in the ear with worse hearing, when in other ear are not exceeded the 50 DB. H.L.

(c) otorhinolaryngologic other conditions: 1. be free from chronic disorders of speech that hinder verbal communication clear and sufficiently powerful.

2. no anomaly of the vestibular system. There must be no alterations in the balance (dizziness, instability, dizziness, lightheadedness) permanent, evolutionary or intense, whether of otological origin or otherwise.

3. in special cases, permitted the use of hearing aids.

IV.1.4) locomotor system: State anatomical and functional of the locomotor system, enabling the successful completion of the tasks of his job.

(IV.1.5) respiratory system: to) do not suffer from poorly controlled chronic obstructive disease.

There must be no disorders pulmonary, pleural, diaphragmatic, and Mediastinal determined functional impairment, evaluating the disorder and the evolution of the disease, especially taking into account the existence or possibility of emergence of crisis of paroxysmal dyspnea, chest pain or other alterations that may affect safe driver task exercise.

(b) do not suffer from sleep apnea, not controlled properly. It will be necessary to provide favourable report from a specialist stating that the condition does not interfere in the safe of the tasks of Machinist exercise.

(IV.1.6) cardiovascular system: to) do not suffer heart disease or unbalanced vascular disease and ischemic cardiomyopathy in any of its forms. In any case, any condition that might interfere in carrying out certain tasks of Machinist, must provide report of a specialist in cardiology.

(b) be free from disturbances of the heartbeat symptomatic and in any case any condition that might interfere in carrying out certain tasks of Machinist, must provide a report of a specialist in cardiology.

(c) blood pressure figures will not exceed: the systolic of 140 mm Hg and the diastolic of 90 mm Hg.

(d) do not suffer from thrombosis, stroke, or peripheral ischemic disorders grade II or higher of Fontaine.
(e) not allowed use of a pacemaker or implanted cardioverter.

(IV.1.7) nervous system: to) be free from conditions that pursue with seizures, tremors, incoordination of movements, gait disorders, sudden loss of consciousness or changes in the level of consciousness.

Transient ischemic attacks affected must provide favourable report from a specialist in neurology in which is made to record the absence of neurologic sequelae.

There must be no recurrent ischemic accidents.

(b) do not suffer from epilepsy in any of its forms.

(c) there must be no alterations in the balance (dizziness, instability, dizziness, lightheadedness) permanent, evolutionary or intense, whether of otological origin or otherwise.

(IV.1.8) endocrine system: to) not diabetes insulin-dependent, or type II with involvement, systemic or poorly controlled diabetes: there should be no diabetes type II that curse with metabolic instability requiring hospital care.

People with type II diabetes requiring drug therapy must provide report of a specialist in Endocrinology, stating the adequate control of the disease and the absence of hypoglycemia with the prescribed treatment.

(IV.1.9) Psychiatry: to) do not suffer from mental illness. Clinical diagnosis of any illness or psychiatric disability or condition, acute or chronic, congenital or acquired, that could interfere with the exercise of certain powers relating to driver license must not be.

(b) be free from chronic alcoholic disease.

IV.1.10) consumption of drugs and medicines. Do not submit analytical evidence of the consumption of drugs of abuse.

(a) not be under treatment with psychoactive substances capable of altering consciousness, capacity monitoring, behavior, balance, concentration, coordination or mobility.

IV.1.11) pregnancy: legal provisions for the protection of the pregnant drivers must be applied. In cases of poor tolerance or pathology, pregnancy can be considered as a provisional and transitory cause of exclusion of the Machinist.

(IV.1.9) psychological capacity: the psychological capacity for carrying out their tasks with safety criteria will be established on the basis of the assessment of the following areas: to) cognitive (attention, concentration, memory, reasoning, perception, communication).

a.1) capacity of control and management of cognitive and attentional resources sufficient, with a better performance than the cutoff point established in the specifications of the benchmark tests, for at least the following tasks: 1. Executive functions. Performance on tasks of updating, monitoring and alternation.

2. concentration. Tasks sustained attention and psychomotor vigilance performance.

a.2) general cognitive ability and fitness viso-space enough, with a better performance than the cutoff point established in the specifications of the tests of reference for at least the following tasks: 1. dynamic spatial aptitude. Performance on tasks of orientation and perception of relative velocity.

2 memory. Performance on tasks amplitude of viso-spatial and verbal short-term memory.

(b) Psicomotora (speed of reaction, psychomotor coordination). Speed of reaction and processing and coordination ability enough, with a better performance than the cutoff point established in the specifications of the tests of reference for at least the following tasks: 1. psychomotor coordination. Performance in manual or bimanual coordination tasks.

2. speed of reaction. Performance on tasks of multiple or multiple discrimination reaction time.

(c) comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability).

c.1) absence of unstable behavior patterns, with a tendency to risk and to the pursuit of sensations. Scores below the established cut-off point in the evidence of references for at least the following features: 1. search of sensations. Evaluated by at least one test behavioral objective.

2. tendency to risk. Evaluated by at least one test behavioral objective.

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

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

c.2) presence of organized behavior patterns, high achievement and cordiality in the treatment and communication oriented. Scores above the cutoff point established in tests of references for at least the following features: 1. kindness. Evaluated by at least one self-report test.

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

c.3) psychopathology. Absence of symptoms or indicators of risk for the diseases with effects on attention and surveillance, with scores on scales of assessment of symptoms below the cutoff point established in the specifications of the tests of reference in the following dimensions: 1. Psychoticism. Evaluated by at least one self-report test or interview structured.

2. alteration of mood. Evaluated by at least one self-report test or interview structured.

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

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

IV.2) minimum contents of initial recognition IV.2.1) medical examinations.

Examinations must include as a minimum: a) general medical examination;

(b) examination of sensory functions (vision, hearing, colour perception);

(c) analysis of blood and urine, with search, among other things, diabetes mellitus, insofar as may be necessary to assess the fitness of the candidate;

d) electrocardiogram (ECG) at rest;

(e) detection of psychotropic substances such as illicit drugs or psychotropic medical treatment and alcohol consumption which question the fitness for the job.

(IV.2.2) psychological ability and psychological tests: the psychological capacity for carrying out their tasks with safety criteria will be established starting from the evaluation of the following skills: to) cognitive (attention, concentration, memory, reasoning, perception, communication).

(b) Psicomotora (speed of reaction, psychomotor coordination).

(c) comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability): psychological testing aims to assist in the appointment and management of railway workers. In the determination of the content of the psychological evaluation, examination must evaluate the applicant or personal railway does not reveal psychological deficiencies, particularly in operational skills or any relevant factor in personality which may affect the safe execution of their duties.

In addition test exercises may be used in the psychological evaluation.

In any case, tests of reference for the assessment of psychological capacity will have to meet the following requirements: 1. properties appropriate psychometric.

2. adaptation of contents (linguistic and cultural).

3 calibration and scaling with Spanish sample.

4. proven ability (sensitivity and specificity) discrimination with respect to reliability in driving.

IV.3) minimum content of the periodic psychophysical recognitions IV.3.1) medical examinations.

Periodic examinations must include as a minimum: a) general medical examination;

(b) examination of sensory functions (vision, hearing, colour perception);

(c) analysis of blood and urine to detect diabetes mellitus and other States indicated by the clinical examination;

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

(e) will be also an ECG at rest to over 40 operators.

IV.3.2) assessment of the psychological capacity.

The periodic check-ups should include, at a frequency of not less than one year, the assessment of psychological capacity, in at least the following areas: to) cognitive (attention, concentration, memory, reasoning, perception, communication). Cognitive and attentional ability enough, with a better performance than the cutoff point established in the specifications of the tests of reference, for at least the following tasks: 1. Executive functions. Performance on tasks of updating, monitoring and alternation.

2. concentration. Tasks sustained attention and psychomotor vigilance performance.

(b) Psicomotora (speed of reaction, psychomotor coordination). Speed of reaction and processing and capacity of coordination sufficient, with a better performance than the cutoff point established in the specifications of the benchmark tests, to at least the following tasks: 1. psychomotor coordination. Performance in manual or bimanual coordination tasks.

2. speed of reaction. Performance on tasks of multiple or multiple discrimination reaction time.

(c) comportamiento-Personalidad (emotional self-control, behavioural, autonomy, responsibility, psychopathology reliability).

c.1) absence of unstable behavior patterns, with a tendency to risk and to the pursuit of sensations. Scores below the cutoff point established in tests of reference for at least the following features:
1, the risk-prone. Evaluated by at least one test behavioral objective.

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

c.3) psychopathology. Absence of symptoms or indicators of risk for the diseases with effects on attention and surveillance, with scores on scales of assessment of symptoms below the cutoff point established in the specifications of proofs of reference, in the following dimensions: 1. Psychoticism. Evaluated by at least one self-report test or interview structured.

2. alteration of mood. Evaluated by at least one self-report test or interview structured.

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

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

Use preferably the assessment of psychological ability test included in the battery of tests of reference.»

Fifty-nine. Amending Annex V which is drawn up as follows: «(ANEXO V Programa de formación y pruebas de evaluación de maquinistas V.1) training programme.»

V.1.1) General principles.

V.1.2) professional knowledge and requirements for licenses.

V.1.2.1) General objectives of the formation of the license.

V.1.2.2) professional knowledge for the formation of the license.

V.1.2.3) practical training.

V.1.3) professional knowledge and requirements for certificates.

V.1.3.1) common general professional knowledge.

V.1.3.1.1) knowledge of rolling stock.

V.1.3.1.2) relating to infrastructure knowledge.

V.1.3.1.3) practical training.

V.1.3.2) specific professional knowledge.

V.1.3.2.1) knowledge of rolling stock.

V.1.3.2.2) relating to infrastructure knowledge.

V.1.3.3) knowledge about the system of management of safety of the railway company.

V1.3.4) language skills.

V.2) evaluation tests.

V.3) training program for recycling of theoretical and practical knowledge of the certificates and update courses.

V.1) training V.1.1) General principles.

In General, the training program will keep a correct balance between the formation theoretical (classroom and demonstrations) and practical (experience of work, driving with supervision and driving without supervision in blocked via of the rail network in General interest training purposes).

The training computer for individual learning standards of exploitation, signage, etc., as well as the use of simulators, especially for recreation and degraded situations will be possible.

With regard to the acquisition of knowledge about a line, admire the system in which a machinist is accompanied by another driver for an appropriate number of journeys along the line; still can be used as methods of alternative training, among other, the itineraries recordings from the cockpit of the driver.

"Training on general knowledge" aims to provide general knowledge about all the aspects that are relevant to the profession of engineer. The training in this regard will focus on knowledge and basic principles that are applicable, independently, type and nature of the rolling stock or infrastructure concerned.

Knowledge about the specific types of rolling stock or security and techniques and rules of circulation/operation/operation for a specific/particular infrastructure, is not part of what is "general knowledge".

The training for the rolling stock or infrastructure specifics that have to do with the Machinist certificate is specified in annex V.1.3.2.

V.1.2) professional knowledge and requirements for licenses.

V.1.2.1) General objectives of the formation of the license.

The general training will cover the following subjects: 1) the work of a driver, the environment of work, roles and responsibilities of the driver in the process of railway operation, as well as the professional and personal demands of the duties of the Machinist: to) know the general lines of the legislation and the rules applicable to the operation and safety rail (requirements and procedures for the certification of train drivers (, dangerous goods, the protection of the environment, protection against fire, etc.);

(b) understand the specific requirements and demands personal and professional (work primarily alone, work by individual turns into a cycle of twenty-four hours, protection and security, reading, and updating documents, etc.);

(c) understand the behaviors that are compatible with determining responsibilities for security (medication, alcohol, drugs or other substances psychoactive, illness, stress, fatigue, attention, etc.) and the importance of a style of healthy living and the maintenance of adequate physical conditions and their relationship with the professionalism and safety;

(d) determine the documents of reference and operational documents (regulations, itineraries book, manual Machinist, etc.), gaining commitment to compliance;

(e) determine the responsibilities and functions of the persons involved;

(f) understand the importance of precision in the performance of the tasks and methods of work, in professional practices and culture of safety in railway systems;

(g) understanding of health and safety at work (p. ex., code of conduct on the roads and in the vicinity of the code of conduct to up and down the drive, ergonomics, safety of personnel, equipment, personal protection, etc.);

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

(i) understand the principles of the protection of the environment (sustainable driving, etc.);

(j) take the continuous improvement as a professional, actively participating in the training and training promoted by the railway authorities.

((2) the railway technologies, including safety principles on which is based the operational regulations: to) understand the principles, regulations related to safety in the railway operations.

(b) identify the responsibilities and functions of the people involved.

((3) the basic principles of the railway infrastructure: to) know the principles and systematic and structural parameters.

(b) understand the General characteristics of routes, stations and sorting centers.

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

(d) know the types of circulation (one single way, circulation in double-track, etc.).

(e) meet the signalling and traffic control systems.

(f) meet the security installations (hot box detectors, detectors of smoke in the tunnels, etc.).

(g) know the traction power supply system (catenary, third rail, etc.).

((4) the basic principles of the operational communication: to) know the importance of communication, as well as their means and procedures.

(b) identify persons needed by the driver to get in contact and their roles and responsibilities (staff of the infrastructure manager, the functions of other staff members from the train, etc.).

(c) identify causes and situations that require to start the communication.

(d) understand the media and take them as working tools, especially in degraded systems of driving.

((5) trains, their composition and technical requirements of the units of traction, wagons, coaches and other rolling stock material: to) know the generic types of traction (electric, diesel, steam, etc.).

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

(c) meet the content and marking systems.

(d) to know the composition of the train documentation.

(e) understand the braking and performance computing systems.

(f) identify the speed of the train.

(g) identify the maximum load and the forces on the towing hitch.

(h) know the circulation and the functioning of the railway management system.

((6) hazards in railway exploitation/circulation in general: to) understand the principles of the management of the safety of railway traffic.

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

(c) meet important security events and understand the behavior and reaction required.

(d) meet the procedures applicable to accidents with victims (e.g., evacuation).

(e) understand the need to communicate any observed dangers (standards, infrastructures and signs, vehicles and people) as a preventive action and safety culture.

((7) the basic physical principles: to) understand the forces on the wheel.

b) to identify the factors that influence the acceleration and braking (weather conditions, braking, adhesion reduction equipment, sandblasting, etc.).

(c) understand the principles of electricity (circuits, measuring the voltage, etc.).

V.1.2.2) professional knowledge for the formation of the license.
In particular in development of the preceding paragraphs, in addition the driver must know the following, which must allow you at least have the General knowledge necessary for the exercise of activities: 1. braking tests: the driver must be capable of:-check and calculate, before departure of the train or service of the maneuver, that the braking power , and as specified in the vehicle documents, corresponds to the braking power prescribed for infrastructure and railway fields.

-Check the functioning of the various components of the drive and the train braking system, as appropriate, prior to any moving, start-up service and March.

2. driving the train or maneuver so installations or vehicles are not damaged: Machinist must be capable of:-use all devices of command and control that are available, according to the applicable rules.

-Start the train respecting concerning adhesion and power constraints.

-Using, whenever possible, the brake with prudence to reduce speed and stop the train, rolling stock and installations.

3 abnormalities: The driver must:-be able to be attentive to unusual occurrences related to the driving of the train.

-To know the means of protection and communication available.

-Learn to manage degraded situations of driving (vehicle, facility, or both).

4 incidents and accidents of exploitation, fires and accidents: the driver must know generically of the train in case of emergency evacuation procedures.

5 immobilisation of the train or the maneuver: the generically Machinist must:-be able to take the necessary measures to prevent the train or maneuver, or parts of the train, put up or moving suddenly, even in the most unfavourable conditions.

-Pay attention, insofar as the driving of the train or the manoeuvre permitted, to unusual events related to the railway infrastructure and the environment: orders and directions related to the maneuver, signals, track, power, steps to level, around the via, other circulations, and passing through the stations.

-To know the precise distances to perform maneuvers or obstacles.

-Notify as soon as possible to the infrastructure manager the place and nature of anomalies observed, making sure to be well interpreted by the other party.

-Take into account the infrastructure, care for or do is ensure the safety of the movement of persons whenever necessary.

6 safety rules: Machinist must be capable of:-carry out movements of maneuvers, where security conditions are met.

-Start the train only if the conditions regulations (schedule, order or output signal, opening signs, etc.).

-Observe signage (lateral or cabin), decode it no doubt or error and carry out the prescribed actions.

-Circular safely according to the specific modes of exploitation: application of these modes when you receive the corresponding order, temporary limitation of speed, movement in the opposite direction to normal, permission to pass signals that instruct you to do stop, maneuvers, travel on railway infrastructures that are in maintenance or repair, etc.

7 driving of the train: Machinist must be capable of:-know your situation on the line, terminal or classification that circulates.

-Using, whenever possible, the brake with prudence to reduce speed and stop the train or the maneuver, respecting the rolling stock and installations.

-Adjust the running of the train or the maneuver according to the schedule and orders related to the movements of maneuvers, taking into account the generic characteristics of drive, train, maneuver, the line and the environment.

8 incidents and exploitation accidents, fires and accidents: Machinist must be capable of:-adopt the provisions of protection and early warning in case of accident victims.

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

-Provide as soon as possible the details on fire if he not has been able to master it.

-As soon as possible notify such conditions the administrator of railway infrastructures.

-To assess whether the railway infrastructure allows to continue the March of the vehicle or the train and under what conditions.

9. knowledge of rolling stock: the engineer should be familiar with the control systems of vehicles and its indicators (traction, braking and safety-related devices), as well as having general knowledge about the main elements of the rolling stock:-mechanical structures.

-The bodies of suspension and connection.

-Rolling bodies.

-Safety equipment.

-Deposits of fuel, fuel supply system and organs of exhaust devices.

-The marking device appearing on the inside and on the outside of the material, especially the symbols used for the transportation of dangerous goods.

-Electrical and pneumatic systems.

-The bodies of uptake and high voltage circuits.

-Means of communication (radio, telephony, Visual cues, auditory cues, etc.).

-Organs of braking.

10 knowledge of infrastructure: the driver must be able to check and calculate, before departure of the train or the maneuver, the type of gear and speed maximum of the train on the basis of the characteristics of the line, terminal or sorting station. In addition must have general knowledge about:-the conditions of exploitation (carrying out maneuvers, via, movement in one direction only, etc.).

-The realization of a route and the consultation of the relevant documents.

-The determination of utilizable for the considerate kind of circulation routes.

-Rules of circulation and the meaning of the signalling system.

-The regime of exploitation.

-The system of blocking and associated regulations.

-Name, location and location within reach of stations and posts of exploitation, in order to provide for the driving.

-The signalling between different operating or power supply systems.

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

-The conditions of braking, such as those applicable in steep lines.

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

-The special difficulty of infrastructure points.

V.1.2.3) practical training.

After passing a test of theoretical knowledge training center, will be necessary to complete the practical training referred to in the training programme for obtaining the license with the following criteria: 1. the applicant will be 24-hour escort in cabin, without intervening in the conduct, to acquire knowledge of the expertise in driving, in which the titular Machinist will be present.

2 prior to access to effective leadership, it will be necessary that the applicant is properly familiar with operation of a railway vehicle. For this reason, there are two options: 2D) when training center available driving simulator, applicants must be 16 hours of driving practices in the Simulator. At the end of them, the instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed these hours demonstrating a level of theoretical knowledge in accordance with the provisions of the training programme for obtaining driving license.

2.b) where not driving simulator available training centre, applicants must be 16 hours of driving practices in which the Machinist holder, being supervised at all times by an instructor of practical teaching from the Center will be present. These tests were carried out as far as possible, a way of testing or an enclosure without connection to the mains and an isolated locomotive or a self-propelled train without passengers.

At the end of the same instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed these hours supervised at all times by an instructor of practical teaching from the Center, demonstrating a level of theoretical knowledge in accordance with the provisions of the training programme for obtaining driving license.

3 once the previous process, will begin driving hours effective, to be decomposed into two blocks:
3.a) the first 16 hours of effective driving will be supervised at all times by an instructor of practical teaching from the Center, in which the titular Machinist, will be present and at the end of the same instructor of the Center shall issue a certificate, if so required, showing that they have been satisfactorily. Such practices must be in the railway network of General interest, in any of the following vehicles or trains: maneuvers vehicles, work trains, isolated locomotives or self-propelled trains without passengers.

(3.b) once overcome by the applicant practices paragraphs 2 and 3A), the authority responsible for railway safety must send the relevant certificates. Then the applicant may start the second block of driving practices effective vehicle maneuvers, work trains, freight trains, or self-propelled passenger trains. This block of driving hours always will be supervised by a machinist who is properly enabled. At the end of the same instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed at least 40 hours of effective driving practices.

4. the rest of the practical training, up to complete 120 hours, will be made by visits to railway facilities, vehicle maintenance workshops, stations, loading bays, stations of classification of railway cars, jobs control, etc., in which applicants can acquire practical training necessary to complete the knowledge integrated into the training programme for obtaining driving license.

Driving during the sections 2.b), 3.a) and 3B) will be held under the following requirements: to) in the event that there is any situation degrades traffic or that you can put at risk the safe, holder Machinist will take care of driving immediately until they submit the causes that justified such a situation.

(b) the incumbent operator is responsible for the train, for the purpose of regulatory rules for applying security in application to your train circulation.

(c) for the purposes of the provisions of the twelfth additional provision of the regulation of the railway Sector, on maximum driving times, the incumbent operator and instructor of practical teaching from the Center considered the driving time from an applicant as if be effective driving holder Machinist or instructor, being both subject to the provisions of such a standard.

V.1.3) professional knowledge and requirements for certificates.

(V.1.3.1) common general professional knowledge: this paragraph will only be payable for certificates of category B, development of knowledge referred to in article 40.2. to).

In relation to category A licences, it is considered that additional training is not necessary to dispose of the common general knowledge, provided the driving license has been obtained in accordance with a content in accordance with this annex V.1.2.

The content of the knowledge described in this subparagraph should anyways in such a way that, in addition to the knowledge gained for the license, and regardless of the specific knowledge of each vehicle or line concrete, it can carry out activities driving of travellers or goods listed on the certificate of category B.

V.1.3.1.1) knowledge of rolling stock: the contents of the minimum workload of this section to acquire the required knowledge is at least 275 hours, distributed between theoretical and practical learning.

Besides the specific training on specific vehicles established in section V.1.3.2.1) of this annex, the Machinist must perform successfully the following tasks relating to a generic rolling: 1. tests and verifications prescribed prior to the train departure: the driver must be able:-to obtain necessary documentation and equipment.

-Check the performance of the power unit.

-Check the indications appearing in the documents on board the drive.

-Sure, carrying out tests and checks envisaged, that drive is able to ensure the trailer of the train, and the safety devices are working.

-Check availability and functioning of protection and safety mandatory prior to the relay of locomotive and travel early.

-Make the current preventive maintenance operations.

2. knowledge of rolling stock: to lead the drive, the driver must know all of the systems of control and indicators placed at their disposal, in particular; related:-traction.

-The braking.

-The devices associated with the road safety.

To detect and locate an anomaly of the rolling stock, point to it and determining the conditions of resumption of the March as well as, in certain cases, carry out an intervention, the engineer must know:-mechanical structures.

-The bodies of suspension and connection.

-Rolling bodies.

-Safety equipment.

-Deposits of fuel, fuel supply system and organs of exhaust devices.

-The marking device, appearing on the inside and on the outside of the material, especially the symbols used for the transportation of dangerous goods.

-Registration of travel systems.

-Electrical and pneumatic systems.

-Driving assistance systems.

-The bodies of uptake and high voltage circuits.

-Information systems of signals in the cabin (ASFA, ERTMS, etc.).

-Means of communication (radio, telephony, Visual cues, auditory cues, etc.).

-Travel plans.

-The elements that constitute rolling, its function and towed material particular devices, especially system of train stop for decompression of general braking circuit.

-Organs of braking.

-The particular elements of the drive units.

-Traction mechanism, engines and transmissions.

3 tests of train braking: the driver must be capable of:-check and calculate, before departure of the train, braking, power and as specified in the vehicle documents, corresponds to the braking power prescribed for railway infrastructure.

-Check the functioning of the various components of the drive and the train braking system, as appropriate, prior to any movement, in commissioning, and ongoing.

4. type of gear and maximum speed of the train on the basis of the characteristics of the line: Machinist must be capable of:-take into account the information transmitted before any output.

-Determine the type of running and speed limit of the train according to variables such as the limitations of speed, weather conditions, or modifications of the signaling.

5. driving the train or maneuver, so installations or vehicles are not damaged: Machinist must be capable of:-use all devices of command and control that are available, according to the applicable rules.

-Start the train respecting concerning adhesion and power constraints.

-Use the brakes with caution whenever possible, in order to reduce speed and stop the train, rolling stock and installations.

6 anomalies: The driver must:-be able to be attentive to unusual occurrences related to the driving of the train.

-Be able to inspect the train and identify indicators of anomalies, distinguish them and react according to their respective relevance, and try to solve them, favoring in all cases the safety of railway traffic and people.

-To know the means of protection and communication available.

7 incidents and exploitation accidents, fires and accidents: the driver must:-be able to take the provisions of protection and early warning in case of accident with victims on board the train.

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

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

8 terms of restarting after an incident involving rolling stock: after an incident, the driver shall be able of:-assess whether the material can continue to circulate and under which conditions, in such a way that you notify those conditions as soon as possible the administrator of railway infrastructures.

-Determine if an expert assessment is required until the train to resume the March.

9. immobilisation of the train: the driver must:-be able to take the necessary measures to avoid the train, or parts of the train, put up or moving suddenly, even in the most unfavourable conditions.

-In addition, the driver must know steps to stop a train or parts of a train, should be put in motion an.
V.1.3.1.2) relating to infrastructure knowledge: the contents of the minimum workload of this section to acquire the required knowledge will be at least 450 hours, distributed between theoretical and practical learning.

Besides the specific training on specific lines established in section V.1.3.2.2) of this annex, the Machinist must perform successfully the following tasks relating to a generic line: 1. train braking test: the driver must be able to check and calculate, before departure of the train, braking, power as it is specified in the vehicle documents corresponds to the braking power prescribed for the line.

2 type of running and the maximum speed of the train on the basis of the characteristics of the lines: Machinist must be capable of:-take into account the information transmitted, such as the speed limits or directions that provide signals.

-Determine the type of running and the assigned maximum speed of the train on the basis of the characteristics of the railway infrastructure and the composition of the train.

3 knowledge of the lines: the driver must:-be able to anticipate and react properly in terms of security and other functional, such as punctuality and economic aspects.

-Must be familiar with lines and installations railway to tour as well, arrived the case, agreed alternative itineraries.

-Should be familiar with the following lines:-operating conditions (changes via, movement in one direction only, etc.).

-The realization of a route and the consultation of the relevant documents.

-The determination of utilizable for the considerate kind of circulation routes.

-Rules of circulation and the meaning of the signalling system.

-The regime of exploitation.

-The system of blocking and associated regulations.

-Name, location and location within reach of stations and posts of exploitation, in order to provide for the driving.

-The signalling between different operating or power supply systems.

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

-Topographical profiles.

-The conditions of braking, such as those applicable in steep lines.

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

4 safety standards: the driver must be capable of:-start the train only if the conditions regulations (schedule, order or output signal, opening signs, etc.).

-Observe signage (lateral or cabin), decode it no doubt or error and carry out the prescribed actions.

-Circular safely according to the specific modes of exploitation: application of these modes when you receive the corresponding order, temporary limitation of speed, movement in the opposite direction to normal, permission to pass signals that instruct you to do stop, maneuvers, travel on railway infrastructures that are in maintenance or repair, etc.

-Observe the stops that are provided for in the timetable or have been ordered, and if applicable, service of travellers in the same operations.

5. driving the train: Machinist must be able to adapt the driving to the infrastructure:-knowing their status on the line that runs at all times.

-Using, whenever possible, the brake with prudence to reduce speed and stop the train, rolling stock and installations.

-Regulate the progress of the train in accordance with the schedule and any slogans of energy saving, taking into account the characteristics of the power unit, the train, line and the environment.

6 anomalies: The driver must be capable of:-pay attention, to the extent that the train driving permits, to unusual occurrences related to the railway infrastructure and the environment: signals, via, power, steps to level, around the via, other circulations, and passing through the stations.

-To know the precise distances to obstacles.

-Notify as soon as possible to the infrastructure manager the place and nature of anomalies observed, making sure to be well interpreted by the other party.

-Take into account the infrastructure, care for or do is ensure the safety of the movement of persons whenever necessary.

7 incidents and exploitation accidents, fires and accidents: Machinist must be capable of:-adopt the provisions of protection and early warning in case of accident victims.

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

-Provide as soon as possible the details on fire if he not has been able to master it.

-As soon as possible notify such conditions the administrator of railway infrastructures.

-To assess whether the railway infrastructure allows to continue the March of the vehicle or the train and under what conditions.

V.1.3.1.3) practical training.

After passing an examination on the theoretical knowledge, will be necessary to complete the practical training referred to in the training programme for obtaining the certificate of driving of category B, with the following criteria: 1. the applicant will be 24-hour escort in cabin, without intervening in the conduct, to acquire knowledge of the expertise in driving, in which the titular Machinist will be present.

2. prior to the access to effective leadership, it will be necessary that applicant is properly familiar with the management of a railway vehicle under conditions allowing a certificate of category b driving For this reason, there are two options: 2D) when training center available driving simulator, applicants must be 16 hours of driving practices in the Simulator. At the end of them, the instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed these hours of practice demonstrating a level of theoretical knowledge in accordance with the training programme aimed at obtaining the certificate of driving of category B.

2.b) where not driving simulator available training centre, applicants must be 16 hours of driving practices in which the Machinist holder, being supervised at all times by an instructor of practical teaching from the Center will be present. Cited tests were carried out as far as possible, on a track of evidence or in an enclosure without connection with the network and an isolated locomotive or a self-propelled train without passengers.

At the end of the same instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed these hours supervised at all times by an instructor of practical teaching from the Center, demonstrating a level of theoretical knowledge in accordance with the training programme aimed at obtaining the certificate of driving of category B.

3 once surpassed the previous process, will begin driving hours effective, to be decomposed into two blocks: 3.a) 24 hours of effective driving on the rail network of general interest will be supervised at all times by an instructor of practical teaching from the Center, in which the titular Machinist, will be present and at the end of the same instructor of the Center shall issue a certificate , if applicable, showing that they have been satisfactorily.

(3.b) once passed by the applicant section 2 and 3A), you must send such certificates to the authority responsible for railway safety and the security of the issuing entity responsible. Then the applicant may start with driving practices effective on passenger or goods trains, provided that they are supervised by a machinist who is properly enabled. At the end of the same instructor of the Center shall issue a certificate, if so required, showing that the applicant has passed the 136 hours of effective driving practices.

Driving during the sections 2.b), 3.a) and 3B) will be held under the following requirements: to) in the event that there is any specific degraded situation of circulation or that you can put at risk security in circulation, the head engineer will take care of driving immediately until they submit the causes that justified such a situation.

(b) the incumbent operator is responsible for the train, for the purpose of regulatory rules for applying security in application to your train circulation.

(c) for the purposes of provisions of the available additional twelfth of the regulation of the Sector railway, on maximum driving times, the incumbent operator and instructor of practical teaching from the Center considered the driving time from an applicant as if be effective driving holder Machinist or instructor, being both subject to the provisions of such a standard.
V.1.3.2) specific professional knowledge about specific vehicles and lines to be included in the certificate.

This paragraph will be payable for certificates of category A or B, development of knowledge referred to in article 40.2. b).

V.1.3.2.1) knowledge of rolling stock: the contents of the minimum workload of this section to acquire the required knowledge will be of at least 80 hours per vehicle, distributed between theoretical and practical learning. The regulation of the workload of this section will be developed by resolution of the authority responsible for railway safety, in accordance with the provisions of the seventh additional provision of this order.

At the end of the specific training relating to rolling stock, the Machinist must perform successfully the following tasks, in relation to one or more specific vehicles included in your certificate: 1. driving the train or maneuver, so installations or vehicles are not damaged: the driver shall be able to use all devices of command and control that are available , according to the applicable rules for motor vehicles for which it is authorized to drive.

2. conditions of restarting, after an incident involving rolling stock of motor vehicles for which it is authorized to drive: after an incident, Machinist must be able to assess whether the material can continue to circulate and under which conditions, in such a way that you notify those conditions as soon as possible the administrator of railway infrastructures.

3. immobilisation of the train: the driver must know measures to adopt on motor vehicles for which it is authorized to drive to avoid the train, or parts of the train, put up or moving suddenly, even in the most unfavourable conditions.

In addition, Machinist must know steps to stop motor vehicles for which it is authorized to license, or parts of your train, in the event that it is segregate by accident.

4. knowledge of rolling stock: to drive the drive, Machinist must know in detail all the systems of control and indicators placed at their disposal, in particular those related to traction, braking and devices related to the safety of circulation.

To detect and locate an anomaly of the rolling stock, bring it and determining the conditions of resumption of the March or service of the maneuver as well as, in certain cases, carry out an intervention, the engineer must know in sufficient detail:-mechanical structures.

-The bodies of suspension and connection.

-Rolling bodies.

-Safety equipment.

-Deposits of fuel, fuel supply system and organs of exhaust devices.

-The marking device appearing on the inside and on the outside of the material, especially the symbols used for the transportation of dangerous goods.

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

-Electrical and pneumatic systems.

-Driving assistance systems.

-The bodies of uptake and high voltage circuits.

-Information systems of signals in the cabin (ASFA, ERTMS, etc.).

-Means of communication (radio, telephony, Visual cues, auditory cues, etc.).

-Organs of braking.

-The particular elements of the drive units.

-Travel plans.

-The elements that constitute rolling, its function and towed material particular devices, especially system of train stop for decompression of general braking circuit.

-Traction mechanism, engines and transmissions.

V.1.3.2.2) relating to infrastructure knowledge: the contents of the minimum workload of this section to acquire the required knowledge will be of at least 35 hours per each line or operating environment, between theoretical and practical learning. The regulation of the workload of this section will be developed by resolution of the authority responsible for railway safety, in accordance with the provisions of the seventh additional provision of this order.

Machinist will receive training, in detail, for each of the lines or specific operating environments in which intends to circulate on the following aspects: 1. knowledge of the line and its environment operational, terminal or sorting station: must know in precise detail for circularen safe railway infrastructure that loops through, even become case, the agreed alternative itineraries.

For this you must know the following:-the conditions of exploitation (carrying out maneuvers, via, movement in one direction only, etc.).

-The realization of a route and the consultation of the relevant documents.

-The determination of utilizable for the considerate kind of circulation routes.

-Rules of circulation and the meaning of the signalling system.

-The regime of exploitation.

-The system of blocking and associated regulations.

-Name, location and location within reach of stations and posts of exploitation, in order to provide for the driving.

-The signalling between different operating or power supply systems.

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

-The conditions of braking, such as those applicable in steep lines.

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

2 points of special difficulty of infrastructure: targeted training to Machinists on infrastructure, will be in his knowledge those critical points of special difficulty while driving and those that there existed some kind of incident or accident known.

V.1.3.3) knowledge about the system of management of safety of the railway company.

This paragraph will be payable for certificates of category A or B, development of knowledge referred to in article 40.2. c).

The railway company must set a training that ensures that your staff is aware of the safety management system, can easily access it, understands it and knows to apply it.

To do so, at least the following contents will be included: 1. knowledge overall of its structure and the safety management system.

2. Organization and competence in matters of security within the Organization, including training and retraining systems.

3 mechanisms of transmission of the information set out in the safety management system, both the ones used by your institution to communicate information such as which your entity has established with other managers and railway undertakings.

4 politics and security of the railway authority plans.

5. risk management mechanisms.

6. relevant operating procedures.

7. investigation of accidents and emergency plans or contingency procedures.

8 specific knowledge in relation to the specific operation to be performed by the railway entity:-railway Material used by the railway authority.

-Places where its railway entity makes the railway operation, with special emphasis in those places where the driver can circulate them (carrying out maneuvers, via, movement in one direction only, etc.).

-Various speakers during the railway operation of its railway entity.

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

V.1.3.4 language skills.

Linguistic test: this paragraph will be payable for certificates of category A or B.

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

They should be able to use the messages and communication method specified in the "operation and management of the traficoˮ ETI. Operators must be able to communicate orally and in writing in accordance with the level B1 of the common European framework of reference for languages (CEFR), established by the Council of Europe.

V.2) evaluation of licensing and certification tests the evaluation tests for licences and certificates shall be designed with the subjects covered in the training programmes, in accordance with the contents of paragraph V.1. of the present annex.

The authority responsible for railway safety may regulate by means of resolution, the process for convening and holding of tests for assessment, theoretical and practical, to obtain driving license, as well as issuing guidelines and recommendations on tests for evaluation of the certificates.

V.3) training programme of courses of updating and recycling of theoretical and practical knowledge of certificates in general, such courses shall include, at least, training on the following aspects:
-Modifications and updates of the procedures and systems of safety management of railway entity to which they belong.

-Changes in the applicable legislation.

-Technological innovations.

-Supervision and control of driving effective online or Simulator made by a trainer of practical training.

-Reinforcement of the aspects related to the human factor in driving: good professional practice, perceived risk and psychological aspects (including, among others, maintenance of attention or processes of decision-making in critical situations).

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

«-Training situations degrees and critical situations, taking into account the return of the experience of events or incidents reported, including simulations of rolling stock operations in situations of incidents and faults.»

Sixty. Modifies the annex VII, which is worded as follows: 'annex VII contents of the forms of Declaration of health prior to the cited document recognition will contain, at least, the information contained in the following paragraphs.

DECLARATION OF HEALTH PRIOR TO RECOGNITION.

To be completed by the person concerned previously recognition) a. personal data.

• Name and surname: • date of birth: • NIF: • address and contact details: • phone: • enabling title for which recognition is sought: B. medical history.

Do you have any of this background? Surround yes/no, detail observations.




0. general does have some chronic disease why should pass periodic medical check-ups?





Yes No does suffer from some type of allergy?





Yes No in the last year: have you had any surgery?





Yes No has been admitted to a hospital?





If not has needed go to the Emergency Department?





Yes No have you had any medical work?





Yes No have declared you on occasion as unfit in a psycho-physical acknowledgement for railway workers?





If not in if yes: in what medical center? .....................................................





 





 






¿En qué fecha? ...................................................................





 





 






1 Ophthalmology uses or has used optical correction (glasses or contact lenses)?





Yes No have you noticed in your quality of vision loss?





Yes No have you had change of graduation in the last year?





If not would have operated you eyes in the last year?











No






2. Have Otorhinolaryngology (throat, nose and ear) noticed difficulty to hear conversations, doorbells, phones?





Do not use hearing aids or have recommended you to use them?





If not you had or have any nose, throat, or speech disorder?











No






3. Locomotor suffers or has suffered from an injury or disease that caused you immobilization, sick leave, or hospital admission?





Yes have sequels not been you?











No






4. Cardiovascular system does suffer from heart disease?





Yes No are you hypertensive?











No






5. Appliance respiratory is smoking?





If not you had or have any respiratory disease?





Yes No snores frequently and gets up tired in the morning?











No






6. Have neurological suffered loss of consciousness, dizziness, fainting, syncope, dizziness, feeling of instability?





If not you have suffered or suffer neurological illness?





If not would have been diagnosed epilepsy at some point in your life?





Yes No does suffer from headache frequently?











No






7. Endocrinology does suffer from diabetes?





If not in if so: do need drug treatment? ... Are few years ago she was diagnosed is? .......................................





 





 






8 Psychiatry suffers or has suffered from episodes of anxiety, depression or mental illness for which have needed treatment?





Yes No does have a history of problems due to consumption of alcohol and/or drugs?











No






9. Other diseases would have a disease for which is has not asked in the questionnaire?











No






En caso afirmativo:





 





 






¿Cuál? .................................................................................................................





 





 






10. drug consumption are still some drug treatment on an ongoing basis?





If not in if so: do with medications? ...................................................................................





 





 






¿Toma algún medicamento de forma ocasional?











No






En caso afirmativo:





 





 






¿Cuáles? ...............................................................................................................





 





 






Comments that you want to declare that the annotation in this statement about my state of health are correct and complete and that I've not omitted any important information. I accept that the authority can refuse me or cancel the outcome of my medical appraisal, in the case of having hidden or falsified any data of this health questionnaire, without prejudice to other applicable according to the current laws.

I authorize and consent the use of the information contained in this form, in the complementary (in case if necessary), as well as the data of the medical examination, provided that such data are stored and remain under medical confidentiality established in the regulations on data protection, as well as in the cases in which, according to the order FOM 2872 / 2010 , article 66, the centers of medical examination of railway workers must provide to the authority responsible for railway safety how much information related to the evaluation of the Psychophysics of railway staff capacity is required as a result of actions of inspection.

DATE signature information reflected in this questionnaire is strictly confidential, pursuant to the organic law 15/1999, of 13 December, of protection of personal data; at any time, the signer may exercise the rights of access, rectification, cancellation and opposition of data, for which should be addressed to the Center.

In accordance with data protection legislation, the signatory expressly consents to the inclusion of the resulting data in a file of personal data under the responsibility of the Centre.»

Sixty-one. Add a new annex VIII with the following wording: ' annex VIII content of informed consent for taking biological samples for detection of alcohol consumption, drug abuse or other substances psychoactive D./Ms... NIF No....»
I declare that I am aware of that will proceed to make a sample collection for detection of consumption of alcohol, drug abuse, or other psychoactive substances, which are listed below, and in accordance with the order FOM 2872 / 2010, of 5 November, know the scope of a positive result.

I give my consent to that, on the day of the date:... /... /..., practice me the analytical tests which are outlined below: □ Alcoholimetria (measurement of alcohol in exhaled air).

□ BAC (blood alcohol measurement).

□ Analysis in urine for detection of drugs of abuse or other psychoactive substances.

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

□ blood tests for detection of drugs of abuse or other psychoactive substances.

□ Other matrices to be specified by the optional.

For detection of possible alcohol consumption, drug abuse or other substances psychoactive, on the occasion of: □ incident or accident.

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

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




Physician / authorized by the railway authority for carrying out random checks the applicant / employee signature: signature: information reflected in this questionnaire is strictly confidential, pursuant to the organic law 15/1999, of 13 December, of protection of personal data; at any time, the signer may exercise the rights of access, rectification, cancellation and opposition of data, for which should be addressed to the Center.

In accordance with data protection legislation, the signatory expressly consents to the inclusion of data resulting from its involvement in biological sampling in a file of personal data under the responsibility of the Centre.

Informs that, according to the order FOM 2872 / 2010, article 66, the centers of medical examination of railway workers must provide to the authority responsible for railway safety how much information related to the evaluation of the capacity Psychophysics of railway workers is required as a result of the actions of inspection, including the results of tests for detection of alcohol use drug abuse or other psychoactive substances.

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

Do not give consent for the tests object of this document and know the scope of the non-realization of the same.

The negative to the tests entails consideration as not suitable of the corresponding psycho-physical acknowledgement and, where appropriate, could be the start of a sanctioning procedure pursuant to law 39/2003, 17 November, in the railway sector.»

Sixty-two. Add a new annex IX with the following wording: «annex IX drugs that can disrupt or decrease faculties psychophysical staff movement and driving IX.1 drugs under whose effects should be avoided the activities a. benzodiazepines: N05B: anxiolytics: Alprazolam, Bentazepam, Bromazepam, Clobazam, buspirone, clorazepate DIPOTASSIUM, chlordiazepoxide, Clotiazepam, Diazepam, Halazepam, Hydroxyzine, Ketazolam, Lorazepam, Oxazepam, Pinazepam.»

N05C: Hypnotics and sedating: Brotizolam, Clomethiazole, Flunitrazepam, Flurazepam, Loprazolam, Lormetazepam, Midazolam, Quazepam, Triazolam, Zolpidem, zopiclone.

b. opiates: N02A: opioids, N02AA: natural alkaloids of opium: morphine.

N07BC: Drugs used in opioid dependence: methadone, buprenorphine.

c. antiepileptic drugs: Group N. nervous system. N03 subgroup.

Phenobarbital, Primidone, phenytoin, Ethosuximide, Clonazepam, carbamazepine, Oxcarbazepine, Rufinamide, Tiagabine, valproic acid, vigabatrin, Valpromida, gabapentin, Lacosamide, lamotrigine, Levetiracetam, pregabalin, topiramate, Zonisamide, Retigabina.

«IX.2 drugs included in the controls of substances will be carried out controls for detection of consumption, at least the following groups of drugs: opioids: benzodiazepines.»

Sole repeal provision. Repeal legislation.

Delete the first final provision of the order FOM/2872/2010 of 5 November.

First final provision. Skill-related title.

This ministerial order is issued on the basis of provisions in article 149.1. 21st of the Spanish Constitution, which attributes to the State exclusive competence in railways and land-based transport within the territory of more than one autonomous community.

Second final provision. Incorporation of European Union law.

Through this order, joined the Spanish Law Commission on June 24, 2014 2014/82/EU directive, amending Directive 2007/59/EC of the European Parliament and of the Council, with regard to General professional knowledge, medical requirements and the requirements for the license. The Commission Decision of 22 November 2011 on the criteria for the recognition of the centers participating in the training of operators, the criteria for recognition of the examiners and the criteria for the Organization of exams, in accordance with Directive 2007/59/EC and the recommendation of the Commission of 22 November 2011 on the procedure for recognition of training centres and examiners of machinists are also incorporated.

Third final provision. Entry into force.

This Ministerial order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 9 April 2015.-the Minister of public works, Ana María Pastor Julián.