Law (2011:725) If Permission For Train Drivers

Original Language Title: Lag (2011:725) om behörighet för lokförare

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:725

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.