Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-03-21
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, in moving the regulations I will also speak to the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019. These regulations are being made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed in the event that the UK leaves the EU without a deal. The regulations fix deficiencies in two sets of domestic railway regulations and EU implementing legislation: the Train Driving Licences and Certificates Regulations 2010, the TDL regulations; and the Railway (Licensing of Railway Undertakings) Regulations 2005, the operator regulations As part of the measures aimed at liberalising rail markets, the EU introduced standard documentation for train driving licences and rail operator licences. These documents are valid across the European Economic Area. The Office of Rail and Road—the ORR—is responsible for issuing train driving and operator licences in the UK. Subject to meeting certain criteria, such as medical and competence requirements, the ORR will issue a train driving licence valid for up to 10 years. Train drivers also need a certificate, issued by the operator, confirming that the driver is competent to drive a certain type of train on the infrastructure. Operator licences are issued subject to the operator meeting certain conditions, including financial fitness and having necessary insurance cover. In Northern Ireland the Department for Infrastructure is the licensing authority The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations amend the TDL regulations and three pieces of EU implementing legislation. The regulations will ensure that the train driving legislation will continue to function after exit day by making a number of technical changes. They remove reporting requirements to the Commission, references to member states and functions reserved for the EU Commission and the European Union Agency for Railways. The regulations also amend the definition of a "train driving licence" so it refers only to ORR-issued train driving licences. In addition, changes are needed to ensure that licences issued in Northern Ireland are valid for use in Great Britain and to make corrections to the EU implementing legislation that applies to both GB and NI The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations make similar technical corrections, removing references to member states and replacing references to EU legislation with references to domestic legislation. The most significant amendment is to rename the "European licence" as a "railway undertaking licence", though the cost, criteria and processes for obtaining a licence will not change. The draft regulations also revoke implementing regulation 2015/171. This EU regulation sets out a standard template for the form of an operator licence and details on the procedure of applying for a licence. These will not be required post exit as this detail is already incorporated into the ORR’s procedures, which are published on its website in accordance with the operator regulations Both sets of regulations also make transitional provisions that recognise existing European documentation, issued in EEA states, for a maximum of two years after exit day or until it expires, whichever is the sooner. In short, existing train drivers and operators providing services in Great Britain will not have to take any immediate action if the UK leaves the EU without a deal, regardless of where their documents were issued. There are a small number of drivers in the EU using ORR-issued licences, which will not be automatically recognised in a no-deal scenario. Departmental officials have worked with the regulator and operators to ensure that these drivers are aware of the need to obtain an EU licence. There are also UK operators providing services in the EU. All these operators already have licences issued in the country they are providing services in, so will be unaffected These draft regulations support the smooth continuation of cross-border services, such as Eurostar, by ensuring that EU-licensed train drivers engaged in cross-border services will continue to be able to operate in the UK. The Government are actively engaging with a range of European counterparts, including relevant member states, to secure bilateral agreements for cross-border rail services. These discussions include arrangements for longer-term recognition of train driver licences and operator licences. Bilateral discussions are progressing well, and we are confident of having measures in place in time for exit day By removing certain administrative requirements, the draft operator regulations technically widen the scope of who can be charged an application fee by the ORR for an operator licence and of who could be captured by the existing criminal offence of driving or operating on the railway without an appropriate licence. Consequently, these draft regulations are subject to the affirmative procedure. In Northern Ireland, the role of issuing these licences falls to the Department for Infrastructure and a separate instrument is being taken forward on behalf of Northern Ireland We have worked closely with the ORR and have engaged with industry to provide as much certainty as possible. The regulations are an important part of our no deal preparations, providing clarity for business and certainty for drivers. I beg to move.