Chapter 1. General provisions
The law's content
section 1 of this Act contains provisions on the eligibility requirements for
driving railway vehicles.
The law also contains provisions on
1. permission for doctors and psychologists, training providers
and examiners,
2. driver training, and
3. assessment of driver's suitability and qualifications.
The law also contains provisions on the obligation to pursue
Register of driving licences, complementary certificates, and
licence holders.
Scope of application
section 2 of this Act apply to the drivers of railway vehicles
working for a railway undertaking or an
infrastructure managers.
The law does not apply to drivers in front of railway vehicles
exclusively on
1. Metro or tramway,
2. stand-alone local and regional networks,
3. the railway network that are not managed by the State and used
only by the infrastructure manager for transportation by private
freight,
4. sections of track that is temporarily closed for normal traffic in
order to perform ground-work, or
5. track area for maintenance workshops, stabling tracks
or roundhouses.
Definitions
section 3 of this Act means
EEA: European economic area,
infrastructure manager: the person who should have permission to manage
railway infrastructure and operation of plants belonging to the
infrastructure pursuant to Chapter 3. section 7 of the Railway Act (2004:519)
rail vehicles: rolling stock that can be delivered on
railway tracks,
railway company: the who should have permission to perform
rail transport in accordance with Chapter 3. Railway Act,
rail infrastructure: rail traffic intended track,
and safety installations, traffic control installations,
facilities for the supply of electricity by traffic and other fixed
devices needed to holding stocks, operation
or use,
safety management systems: one such organization and such
procedure established by a railway undertaking or an
infrastructure managers in accordance with Chapter 2. paragraph 5 of the
Railway Act,
supervisory authority: the authority that the Government appoints under 5
Cape. § 1.
Chapter 2. Operator permissions
General eligibility requirements
§ 1 the rail vehicles may be driven by persons who have valid
valid driver's licence and complementary certificate under this Act.
Driver's licence
Basic requirements
section 2 of a licence shall, upon application, be issued for the
1. have reached the age of 20 years or, if there are special reasons for it,
18 years,
2. has successfully completed training in a
national programme of upper secondary school or equivalent
education,
3. is physically fit to perform the railway vehicles,
4. is mentally fit to drive a railway vehicle, and
5. can the professional qualification required.
Licences are issued by the supervisory authority.
Validation
section 3 of A driver's licence is valid for 10 years from the date of
issue.
A driver's licence that has been issued in Sweden for anyone over the age of
18 but not 20 years only applies in this country until he or
She reached the age of 20 years.
A driver's licence that has been issued in another State within the EEA
or in Switzerland are also valid in Sweden if the driver has reached the age of 20
year.
Complementary certificate
Basic requirements
section 4 of the supplementary certificate shall be issued for those who have
1. valid driver's licence under this Act,
2. sufficient knowledge to deliver the rail vehicles
as the certificate on the railway infrastructure as the certificate
regards,
3. appropriate language skills for the railway infrastructure
certificate, and
4. participated in internal training on the company's
the safety management system.
The certificate shall be issued by the railway undertaking or the
infrastructure managers in which the driver is, or is to be employed
or otherwise engaged or to be engaged in the business.
The certificate is only valid in the business.
Issuance of supplementary certificates, etc.
§ 5 railway undertakings and infrastructure managers shall as part
of its safety management system
1. issue, update, review and recall supplementary
certificate,
2. regularly check that the requirements of paragraph 4 are complied with, and
3. carry out checks according to the instructions given
by virtue of section 13 2.
Period of validity
section 6 of the supplementary certificate shall remain valid until further notice or to
the date on which it is issued.
The certificate expires when the driver stops their employment
or their mission in the issuer of the certificate.
Obligation to provide a copy of the certificate
section 7 of the railway undertaking or the infrastructure manager who
has issued a complementary certificate shall, on request to the driver
it, submit a certified copy of the complementary certificate
and other documents certifying the driver's education,
professional qualifications and experience of the operator.
Surveys of drivers ' health, etc.
section 8 of the railway undertakings and infrastructure managers shall ensure
to the drivers that they have issued supplementary attestation for
is not affected by any subject that can have a negative impact on
concentration, vigilance or conduct in
military service.
§ 9 a railway undertaking or an infrastructure manager as
becomes aware that a driver's fitness to practice the profession can
questioned by health reasons, shall immediately take the necessary
measures to clarify the situation and to ensure that
the safety level of the rail system is maintained. If a driver
for health reasons, be taken out of service for longer than three months,
the supervisory authority is informed.
The withdrawal of the supplementary certificate
section 10 of the supplementary certificate shall be revoked by the
issued it if the holder of the certificate no longer fulfils
the conditions under paragraph 4 or not successful
undergo the checks referred to in paragraph 2.
A withdrawal decision may be limited to certain
time.
Drivers ' obligations
section 11 of a driver who feels that he or she as a result of their
health conditions are not suitable as driver shall immediately
inform the railway undertaking or infrastructure manager of
this.
A driver shall undergo a medical examination, blood sampling
or other similar examination, if it is necessary under
section 8 to assess the driver's fitness to practise.
Licensing requirements for doctors and psychologists
section 12 of A medical and psychological examination to
check whether a person meets the requirements of section 2, first paragraph
3 and 4, an investigation pursuant to section 8 and health checks in accordance with
the provisions adopted pursuant to paragraph 13 of 3 may be performed only
by, or under the supervision of, a medical practitioner or psychologist with
special permit.
To obtain such an authorization referred to in the first
paragraph, the physician or psychologist shall be independent in
According to the railway undertaking or
the infrastructure manager and to be impartial and have
adequate professional qualifications.
Permits are issued by the supervisory authority.
Authorization
paragraph 13 of the Government or the authority, as the Government determines
may provide for
1. exemption from the requirement of additional certificates,
2. the surveys referred to in section 11, second paragraph,
3. health checks of drivers, and
4. measures to prevent the forgery of driver's licence, and
complementary certificate.
Chapter 3. Education
Permit to conduct training
section 1 of the education provided to participants shall comply with the requirements
According to Chapter 2. 2 section 5 and Chapter 2. section 4 first
paragraph 2 and 3 may be carried out only with the permission of
the supervisory authority.
To get permission to conduct training, the applicant's
personal and financial circumstances as well as the circumstances in
be such that the applicant is considered to have the potential to
carry on good education. The applicant must have sufficient
professional qualifications and be impartial.
Sample
section 2 of the training referred to in paragraph 1 first subparagraph shall end with
test to make sure that the student has the theoretical and
practical skills that are needed for obtaining a licence
or a complementary certificate under this
team. The supervisory authority is responsible for sample licence.
Railway undertakings and infrastructure managers are responsible for sample
of the supplementary certificate shall be issued by the company
or trustee.
section 3 to be the examiner during examinations in the case of the moment
in education relating to requirements for additional certificates to be
be issued by railway undertakings and infrastructure managers such as
is not an administrative authority, a permit is required by
the supervisory authority.
In order to be authorised as an examiner, the applicant shall have
adequate professional qualifications and be impartial when
the execution of the task.
Authorization
section 4 of the Government or the authority, as the Government determines
may provide for
1. training to meet the requirements of Chapter 2. paragraph 2 of the first
paragraph 5 and Chapter 2. 4 paragraph 2 and 3, and
2. fees for examinations for licences.
Chapter 4. Register
General provisions
section 1 of this chapter contains provisions concerning the register of
driver's licence (licence register), the supplementary certificate
(certification register) and licensees (State Register).
Personal data Act (1998:204) applies to the processing of
personal data in the registers referred to in the first subparagraph, if the
subject to the provisions of this law or regulation
issued by virtue of law.
section 2 of the personal data may be processed in the registry solely for the
purposes set out in this law.
paragraph 3 of the processing of personal data is allowed under this
law may be carried out even if the individual disagrees with the
the treatment.
section 4 of the provisions of the personal data Act (1998:204) about
rectification and Indemnity apply to the processing of
personal information under this Act or under the regulations
in connection with this Act.
paragraph 5 of the personal data processed in the registry to screen when
they are no longer necessary for the purpose of the processing
as set forth in the Act. Information in the licence register and a
certification records shall be kept for at least 10 years after the
the licence and the certificate has expired.
Licence register
section 6 supervisory authority, with the help of automated
the treatment keep a register of the licence authority
issue (driver's licence register). The register shall be updated
on a regular basis.
The supervisory authority is responsible for
licence registry.
Licence register's purpose
7 § purpose of driving licence register is to provide the
information necessary for the application of this law when it
applies to an applicant for, or had permission to
express rail vehicles under the law.
paragraph 8 of the personal data processed for the purposes specified in paragraph 7 of the
may also be processed for the performance of reporting that takes place
in accordance with section 10, other law or regulation. In
other concerns paragraph 9 (d)) and the second subparagraph
personal data Act (1998:204).
Sensitive personal data concerning health
9 § Sensitive personal data relating to the data subject's health
may be processed in the licence register
1. If the data are necessary for the processing of a
case, or
2. for any of the purposes referred to in section 8, if it is
necessary for the purpose.
The right to receive information from driver's licence register
section 10 the right to get information out of the driver's licence register is on
request
1. the competent authority and the competent railway safety
olycksutredande authority in the other country within the EEA or
Switzerland and the European Railway Agency, in all cases when the
for information which the receiving authority need
to fulfill its mission in accordance with the provisions implementing the
Directive 2007/59/EC, and
2. foreign public railway company or foreign
public infrastructure managers in the business driver is
employed or engaged, if the task needed to meet
a requirement under the provisions implementing Directive 2007/59/EC;
Direct access
section 11 of the access licence register and disclosure of
personal data on the medium for automated processing of the
the registry may only be granted
1. the person registered in the licence register when it comes
information about the data subject himself,
2. olycksutredande authority in Sweden,
3. the competent authority and the competent railway safety
olycksutredande bodies in the other country within the EEA or in Switzerland,
4. the European Railway Agency, and
5. the railway undertaking or the infrastructure manager in
the activities of which the driver is employed or engaged.
Government Announces rules on the conditions for
direct access and disclosure of personal information for
automated processing.
Access to data
12 § access to personal information in the licence register
officials of the supervisory authority shall be reserved for the
officials who, through their duties, need to have
access to the data.
The limitation of the search terms
13 § sensitive personal data referred to in paragraph 13 of
personal data Act (1998:204) must not be used as
search terms.
Certification registry
section 14 of the railway undertakings and infrastructure managers shall keep
records of the complementary certificate company or
the trustee will issue (certification register). Registers, which may
conducted by means of automated processing, must be updated
on a regular basis.
The railway undertaking or the infrastructure manager who for
a certification registry is responsible for this.
Certificate purpose registries
15 § the purpose of certification registry is to provide the
information necessary for the application of this law when it
applies to an applicant for, or had permission to
express rail vehicles under the law.
section 16 of the personal data processed for the purposes specified in 15
§ may also be treated to fulfil reporting that
takes place in accordance with section 17, any other law or regulation.
Moreover, section 9, first subparagraph (d)) and the second subparagraph
personal data Act (1998:204).
The right to receive information from the certification register
section 17 of the Competent Authority and the competent foreign railway safety
olycksutredande bodies in the other country within the EEA or in Switzerland
have the right to request information from the certification register
kept by a public body in relation to information which the
receiving authority or agency necessary to fulfil
its mission according to the provisions implementing directive
2007/59/EC;
The right to obtain from a certification register kept by a
individual has in addition to what is stated in the first paragraph, on request
1. a person who is registered in the certificate register when it comes
information about him or her self, and
2. the supervisory authority and the olycksutredande authority in Sweden
as regards the information which the receiving authority or
the body requires to carry out its duties under this
team.
Direct access
section 18 Direct access to certification records and disclosure of
personal data on the medium for the automated processing of the
such records may only be granted
1. the person registered in the register of a certificate, in the case of
information on the registered yourself on the same register,
2. the supervisory authority and the olycksutredande authority in
Sweden, as well as
3. the competent authority and the competent railway safety
olycksutredande bodies in the other country within the EEA or in Switzerland.
Government Announces rules on the conditions for
direct access and disclosure of personal information for
automated processing of such certification register kept by the
the General.
Bankruptcy, etc.
Article 19 If a railway undertaking or an infrastructure manager
declares bankruptcy or for any other reason ceases
activities, for the person who takes over the operation of the business
also take over responsibility for the company's personal data or
trustee's certification registry. If operations are not taken over by the
other personal data, the supervisory authority shall assume responsibility
for the registry.
Licence register
section 20 of the supervisory authority shall, using automated
treatment maintain a register of education providers,
Examiners, physicians and psychologists who are authorised to
perform tasks under this law (State Register).
The register shall be updated on a regular basis.
The supervisory authority is responsible for
licence register.
State purpose
section 21 of the purpose of the State registry is that of
the application of this Act to provide information about which
natural and legal persons authorized to perform
information in accordance with this Act.
section 22 of the personal data processed for the purposes referred to in
section 21 will also be treated to fulfil reporting that
takes place in accordance with any other law or regulation. In
other concerns paragraph 9 (d)) and the second subparagraph
personal data Act (1998:204).
Direct access
section 23 of the regulatory authority may permit direct access to
personal data processed in the State registry.
Appropriations
section 24 of the Government or the authority, as the Government determines
may provide for
1. the fees for driving licences the register and licence register,
and
2. the conditions for direct access to the certification register kept by the
individual, and disclosure of personal data on the medium for
automated treatment from such records.
section 25 of the Government or the authority, as the Government determines
get on the certification tables that are introduced by the
General Info rules or in the case
decide whether to
1. personal data shall be kept for historical, statistical
or scientific purposes, or
2. screening of personal data shall take place at the latest at a certain
point in time.
Government Announces rules on the conservation and screening
referred to in the first subparagraph 1 and 2 for the other registers.
Chapter 5. Supervision, monitoring and dispute resolution
Supervision
(1) Supervision over compliance with this Act and the regulations
in connection to the law practiced by the
the Government authority determines (supervisor).
section 2 of the supervisory authority, if necessary, for the purposes of supervision, the right
to request
1. such information and take part in such acts as
supervision applies, and
2. access to the premises, equipment and vehicles
supervision applies.
Injunctive relief
section 3 of the regulatory authority may inform the injunctions
needed for the oversight.
A decision on the injunction may be subject to a penalty.
Security measures
section 4 If the supervisory authority is of the opinion that a driver is a
serious and urgent threat to rail safety,
authority shall immediately take the necessary measures
to maintain the level of safety of the rail system.
The regulatory authority may stop a train and prohibit a driver
to continue running.
An infrastructure manager is obliged to urgently stop a
the train, if requested by the supervisory authority.
Withdrawal
§ 5 supervisory authority shall revoke a licence referred to in 2
Cape. section 2, in particular the condition referred to in Chapter 2. section 12 of and
permit referred to in Chapter 3. paragraphs 1 and 3, if
1. the conditions of the licence, the specific
licence or authorisation are no longer fulfilled, or
2. the holder of the licence, the special condition
or the State does not fulfil its obligations under this
law or by regulations made under the Act.
A withdrawal decision may be limited to certain
time.
The examination of disputes concerning the complementary certificate
section 6 of the Drivers, railway undertakings and infrastructure managers may
to the supervisory authority may refer a dispute concerning the question of
a decision on the issue, update or withdrawal of
such a supplementary certificate referred to in Chapter 2. section 4 is
consistent with this Act or the provisions adopted pursuant to
of the law. A driver may also refer a matter of obligation
to undergo such examination as described in Chapter 2. section 11 of the other
paragraph.
Fees
section 7 of the Government or the authority, as the Government determines
may provide for fees for supervision and
case management under this law and pursuant to the provisions
in connection with the Act.
Custom control for training providers
§ 8 The authorised to conduct training in accordance with Chapter 3.
paragraph 1 shall ensure that the quality of the business
is maintained. Anyone who has a safety management system in
rather than applying this.
Chapter 6. Penalty
§ 1 the person willfully or by gross negligence in their
business hires a driver who does not have a valid
driver's licence or, where required in accordance with this Act, a
complementary certificate shall be sentenced to a fine or imprisonment
a maximum of one year.
In minor cases are judged not to liability.
section 2 of The who have not complied with the imposition of fines
or that violated an injunction shall not be responsible
According to section 1 of the Act covered by the injunction or
ban. To liability under paragraph 1 should not be judged on
the Act is punishable by penalties in the Penal Code or if the responsibility
for the Act can be sentenced under 10 Cape. 1 § 2 Railway Act
(2004:519).
Chapter 7. Appeal
section 1 of the regulatory authority's decision under this Act may
be appealed to the administrative court.
Leave to appeal is required in case of appeal to the administrative law.
section 2 of a decision under this Act or under the regulations
announced pursuant to the law effective immediately, if not something
otherwise specified in the decision.
Transitional provisions
2011:725
1. this law shall enter into force on July 1, 2011.
2. For drivers in front of railway vehicles in other States
than Sweden, the law shall apply from 29 October
2011.
3. For drivers in front of railway vehicles only in Sweden,
the law applicable from 29 October 2013.
4. In spite of the 2 and 3, the one before the 29 October 2011
to drive rail vehicles even in States other than
Sweden and the like before 29 October 2013 has permission
driving railway vehicles only in Sweden continue to
driving such vehicles in other States than Sweden
and only in Sweden to 28 October 2018
but to meet the general eligibility requirements in Chapter 2. § 1.
The same is true for those who start a driver training before
on October 29, 2011.
5. The Government or the authority that the Government may
provide for the drivers referred to in 4 shall obtain
licence and complementary certificate, even if all the requirements of 2
Cape. paragraphs 2 and 4 are not met.
6. the Register referred to in Chapter 4. shall be established at the latest by
October 29, 2011.
