Decree No. 16 / 2012 Coll.
Ordinance on the competence of persons driving a railway vehicle and persons conducting revisions, inspections and tests of designated technical equipment
Valid
Effective from 17.01.2012
Contents
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16
DECLARATION
of 5 January 2011
on the competence of persons driving a railway vehicle and persons reviewing, examining and testing designated technical equipment
The Ministry of Transport provides, pursuant to Article 66 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 317 / 2009 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll.
ARRANGEMENTS
This decree implements the relevant European Union1), following the directly applicable European Union2) and provides for:
(a) the minimum degree of education achieved, the scope and content of the basic general knowledge, skills and procedures necessary for the steering of the railway vehicle and the performance of the driver's activity, the scope, content and manner of the examination, the method of assessment of the results of the test, the formal and content of the test report, the number of members of the Commission, the requirements for the members of the commission and the scope and content of the training of applicants for the issue of a driver's licence;
(b) the scope and content of the detailed knowledge, skills and procedures, the scope, content and manner of carrying out the test, the method of evaluation of the test results and the scope and content of the training of applicants for the issue of a driver certificate;
(c) the conditions of age and education, the extent of the necessary expertise, the way in which teaching and training are carried out and the way in which the applicants for the licence are tested;
(d) the extent of expertise and the method of verification of that knowledge for persons reviewing, examining and testing designated technical equipment.
COMPETENT ELIGIBILITY OF MACHINERY LICENCES AND MACHINERY CERTIFICATE
Driver's licence
(1) The minimum degree of education of the applicant for the issue of a driver's licence is completed with a secondary education with a certificate of engineering, electrical, construction or transport focus.
(2) The scope and content of the basic general knowledge, skills and procedures necessary for the control of the track-side vehicle and the performance of the driver's activity and the scope and content of the training to obtain the relevant knowledge, skills and procedures are set out in Annex 1 to this Regulation.
(1) The Commission, before which a general competence test is composed, has three members. At least 1 member of the Commission shall hold a driver's licence.
(2) Before the start of the examination, the President of the Commission shall verify the identity of the test subject according to his identity document and invite him to submit a document demonstrating that he has completed the training provided for in Section 2. If this document is not submitted, the test may not be initiated.
(3) The examination is non-public and consists of a written test and an oral interview before the commission.
(4) The written test shall consist of 100 questions focused on the content of the training referred to in Annex 1 to this Decree. Each question is assigned at least 3 possible answers, of which only 1 is correct. Each correct answer is evaluated by 1 point.
(5) The oral interview shall consist of open questions to examine deeper knowledge according to the content of the training set out in Annex 1 to this Decree and the links between them. The Commission shall assess the answers to open questions by allocating points between 0 and 10 points according to the accuracy and completeness of the response. If the members of the Commission disagree on the assessment of the response, the President shall have the points put to the vote. The Commission shall adopt an evaluation supported by two members.
(6) The result of the whole test shall be assessed by the degree "benefit 'or" benefit'. In order to assess the "benefit 'levels, a minimum of 80% of the total possible points should be obtained in both the written test and the oral interview.
(7) The test result report shall contain:
(a) the designation "Test result report to demonstrate general competence for obtaining a driver's licence,"
(b) the name and, where appropriate, the name, surname, date of birth and address of the place of permanent residence of the tested person;
(c) the place and date of the examination;
(d) the total test result; and
(e) the names, surnames and signatures of all the examiners.
(8) The examination shall be completed no later than 1 year after completion of the training to obtain the relevant knowledge, skills and procedures. If the applicant does not pass the test within that period or for a third experiment, he shall be re-trained to obtain the relevant knowledge, skills and procedures.
Driver's certificate
(1) The scope and content of the detailed knowledge, skills and procedures relating to the control of the track vehicle of the category and type concerned and the scope and content of the training to obtain the relevant knowledge, skills and procedures are set out in Annex 2 to this Decree.
(2) The professional competence to drive a groove vehicle referred to in paragraph 1 shall be demonstrated for the relevant type of groove vehicle:
(a) electric traction vehicles (E);
(b) motor propulsion vehicles (M);
(c) steam vehicles (P); and
(d) special propulsion vehicles (SV).
(3) The scope and content of the detailed knowledge, skills and procedures relating to the driving on a defined track or part thereof and the scope and content of the training to obtain the relevant knowledge, skills and procedures are set out in Annex 3 to this Decree.
(1) The test to demonstrate specific competence consists of a part of:
(a) to demonstrate theoretical knowledge;
(b) to demonstrate practical knowledge; and
c) to demonstrate knowledge from the Czech language.
(2) The Commission, before which a special competence test is composed, has three members. At least 1 member of the Commission shall hold a driver's licence. The examination shall be completed no later than 1 year after completion of the training to obtain the relevant knowledge, skills and procedures.
(3) Part of the theoretical knowledge test shall be carried out by written test and oral interview. The written test shall consist of at least 50 questions based on the content of the training referred to in Section 4. Each question is assigned at least 3 possible answers, of which only 1 is correct. Each correct answer is evaluated by 1 point. The oral interview shall consist of open questions to examine the deeper knowledge according to the content of the training referred to in Section 4 and the interconnections. The Commission shall assess the answers to open questions by allocating points between 0 and 10 points according to the accuracy and completeness of the response. If the members of the Commission disagree on the assessment of the response, the President shall have the points put to the vote. The Commission shall adopt an evaluation supported by two members.
(4) The part of the practical knowledge test shall consist of the practical performance of the relevant activity that the test is conducted, in particular from the control of the reference vehicle of the relevant category and type in the test to demonstrate the specific competence for the control of the reference vehicle of the relevant category and type and from the control of the reference vehicle on the defined track or part thereof in the test to demonstrate the specific competence for the control of the specified runway or parts thereof and the removal of operational defects.
(5) Part of the examination of language proficiency consists of a written test and an oral interview. The written test consists of questions used to demonstrate the knowledge of the Czech language to the extent necessary for the control of the railway vehicle, effective communication in normal and unusual situations and understanding communicated to the extent of the messages and communication methods provided in the European Union8). The oral interview consists of open questions for a deeper examination of the use of the Czech language to the above extent. The applicant must be able to understand both the word and the letter in the Czech language and communicate in both words and letters at least at B1 level according to the Common European Framework of Reference for Languages.
(6) The result of the whole test shall be evaluated by the degree "benefited" or "failed." To evaluate the "benefit" levels, it is necessary to obtain at least 80% of the total number of points in both the written test and the oral interview, to demonstrate practical knowledge of the steering of the railway vehicle on the defined track or part of it according to the content focus of the training and to demonstrate the knowledge of the Czech language.
(7) An applicant who has not benefited only from a part of the test may repeat that part of the test no later than 6 months after the test. If the applicant does not benefit from the repeated part of the test, the whole test shall be assessed by "not beneficial 'assessment.
(8) Where the applicant for the issue of a train driver certificate holds one or more train drivers' certificates for another category and type of train vehicle or for another track or a defined part thereof, the test shall be carried out only to the extent that the necessary knowledge and skills are not demonstrated by the driver's certificate already issued.
AGE, EDUCATION AND COMPETITION OF PERFORMANCE PERFORMANCE REQUIREMENTS
Age Range
The minimum age for access to the proficiency test for the steering of a groove vehicle shall be:
(a) 21 years on a tram or cable track;
(b) 20 years on a special, local and tug track; and
(c) 18 years in the case of a licence to obtain a licence only for handling operations in a depot on a special track and a tram track.
Education
The minimum level of education shall be:
(a) completed secondary education with a certificate of engineering, electrical, construction or transport orientation for access to the proficiency test for the steering of a special track, a rope track, a local track and a tractor; and
(b) completed basic training for access to the proficiency test for the steering of a railway train.
Professional knowledge
(1) The extent of the necessary expertise and the way in which teaching and training are carried out to demonstrate the professional competence to drive a railway vehicle
(a) the local and tug tracks are listed in Annex 4 to this Decree;
(b) the special runway is listed in Annex 5 to this Decree,
(c) the tram track is listed in Annex 6 to this Decree;
(d) the trolleybus track is listed in Annex 7 to this Decree; and
(e) the rope track is listed in Annex 8 to this Decree.
(2) The necessary expertise to demonstrate the professional competence to drive a train track on a tramway track shall include, in addition to the scope referred to in paragraph 1 (c), the granting of a driving licence for category B under another legislation3).
(3) The necessary expertise to demonstrate the professional competence to drive a track-side track of trolleybus includes, in addition to the scope referred to in paragraph 1 (d), the granting of a driving licence for category D under another legislation (4).
Teaching and training
The instruction and training shall be carried out with a carrier equipped with a driving vehicle of the type of traction for which the competence is demonstrated. The instruction and training of the applicant for the issue of a cableway licence shall be provided to the cableway operator.
(1) The professional competence to drive a groove vehicle under Section 8 is demonstrated for:
(a) the relevant type of propulsion vehicle
1. electric traction vehicles (E),
2. motor propulsion vehicles (M),
3. steam propulsion vehicles (P),
4. special traction vehicles (SV),
5. traction vehicles on a tram track (TR); or
6. traction vehicles on the trolleybus track (TB); and
(b) the type of runway concerned
1st local runway (MI),
2. Trawl (VL),
3rd special runway only for handling trips in the depot (SP-D),
4th Special Track (SP),
5th tram track (TR),
6. tram track only for handling operations in the depot (TR-D); or
7th trolleybus track (TB).
(2) The professional competence to manage the cableway is demonstrated for the cableway.
(3) In the course of driving training and in the test provided for in this Regulation, persons without a licence may carry out this activity only under the supervision of a person authorised to drive who has experience of at least 5 years in the control of a train vehicle.
Test
(1) The proficiency test shall be carried out on a carrier equipped with a driving vehicle of the type for which the proficiency is demonstrated. The cableway control test shall be carried out on the cableway operator.
(2) The Commission, before which a proficiency test is composed, has three members. At least 1 member of the Commission shall hold a licence. The railway administration shall appoint a test committee and its chairman, who shall be an employee of the railway administration; In the case of a test of competence to drive a railway train, an authorised representative of an authorized person may also be the chairman of the test committee under the Act on the Recognition of Results of Further Education9) for the professional qualification Head of Cableway Operation.
(3) Prior to the start of the test, the President of the Commission shall verify the identity of the tested according to his identity document and invite him to submit a document proving that he has completed the prescribed teaching and training and a document demonstrating compliance with medical conditions under another legislation. If these documents are not submitted, the test cannot be initiated.
(4) The proficiency test shall be non-public and shall consist of a part to demonstrate theoretical knowledge and part to demonstrate practical knowledge.
(5) Part of the theoretical knowledge test is carried out by written test and oral interview. The written test shall consist of at least 50 questions aimed at the extent of the expertise set out in Annexes 4 to 8 for the type of runway for which the test is carried out. Each question is assigned at least 3 possible answers, of which only 1 is correct. Each correct answer is evaluated by 1 point. The oral interview shall consist of open questions to examine the deeper knowledge according to the extent of the expertise set out in Annexes 3 to 8 for the type of runway for which the test is conducted and interconnections. The Commission shall assess the answers to open questions by allocating points between 0 and 10 points according to the accuracy and completeness of the response. If the members of the Commission disagree on the assessment of the response, the President shall have the points put to the vote. The Commission shall adopt an evaluation supported by two members.
(6) Part of the practical knowledge test consists of the practical performance of the relevant activity which the test carried out, in particular the control of the vehicle of the type concerned on the runway under operational conditions and the removal of operational failures.
(7) The result of the whole test shall be evaluated by the degree "benefited" or "failed." In order to assess the degree of "benefit ', it is necessary to obtain at least 80% of the total number of points in both the written test and the oral interview and to demonstrate practical knowledge of the steering of the train vehicle.
(8) An applicant who has not benefited only from a part of the test may repeat that part of the test no later than 6 months after the test.
(1) The test result report shall contain:
(a) the designation "Test test result report to demonstrate competence to obtain a licence,"
(b) the name and, where appropriate, the name, surname, date of birth and address of the place of permanent residence of the tested person;
(c) the place and date of the examination;
(d) the total test result; and
(e) the names, surnames and signatures of all the examiners.
(2) The licence to drive a groove vehicle contains at least the name and / or surname of the holder, the date and place of birth of the holder, the photograph of the holder, the signature of the holder, the type of driving vehicle or the type of cableway for which the holder is competent, the type of track for which the holder is competent to drive the groove vehicle, the date of issue of the licence, the date of expiry of the licence, the name, seat and stamp of the railway administration which issued the licence and the licence number.
(1) For driving a driving vehicle of another type on the same type of track, the competence shall be demonstrated by an additional test before the test panel, from the knowledge of the design, maintenance and control of the type of driving vehicle.
(2) For the management of the next cableway track, the competence shall be demonstrated by an additional examination before the test panel, from the knowledge of the design, maintenance and control of the cableway track.
(3) If the applicant is holder of a driver's certificate for access to the test of competence to train train steering, the test shall be carried out only to the extent that knowledge and skills are not demonstrated by the driver's certificate issued.
COMPETENT ELIGIBILITY OF PERSONS IMPLEMENTING THE REVISUATION, EXAMINATION AND TESTS OF DETERMINED TECHNICAL DEVICES
(1) The expertise the verification of which is necessary for the issue of a certificate of competence to carry out revisions, inspections and tests of designated technical equipment in operation is:
(a) theoretical knowledge of the design, manufacture, assembly, operation, repair and inspection of designated technical equipment and related legislation and technical standards;
(b) practical knowledge in the field of design, construction, manufacture, assembly, operation or repair of designated technical equipment and in the field of activities related to the carrying out of revisions, inspections and tests of designated technical equipment; and
(c) knowledge of electrical engineering.
(2) The theoretical knowledge referred to in paragraph 1 (a) shall be verified:
(a) evidence of completed secondary education with a graduate examination (5) or higher education (6) of engineering, electrical, construction or transport focus; and
(b) by passing an examination from the areas listed in Annex 9 to this Decree.
(3) The practical knowledge referred to in paragraph 1 (b) shall be verified:
(a) evidence of experience in the design, construction, manufacture, assembly, operation or repair of the relevant type of designated technical equipment of a length of at least:
1. 5 years if the theoretical knowledge referred to in paragraph 2 (a) is verified by an end-of-secondary education document with a graduate examination; or
2. 3 years if the theoretical knowledge referred to in paragraph 2 (a) is verified by evidence of completed higher education; and
(b) evidence of professional experience in the field of revisions, inspections and tests of the type of designated technical equipment to verify the technical condition and operational capability of the designated technical equipment for at least 3 months.
(4) The professional experience referred to in paragraph 3 (b) may be carried out only under the supervision of the holder of a valid certificate of competence which:
(a) carry out revisions, inspections and tests to verify the technical condition and operational capability of the relevant type of designated technical equipment for at least 3 years; and
(b) be entitled to carry out such activities to the extent and to the type of technical equipment designated for which the practical knowledge referred to in paragraph 3 (b) is verified.
(5) Knowledge in the field of electrical engineering shall be verified by evidence of qualification:
(a) the person instructed in the case of revisions, inspections or tests of pressure, gas or lifting devices; and
(b) a person with higher qualifications in the case of revisions, inspections or tests of electrical equipment.
(6) The professional competence requirements for carrying out tests on tank wagons under the RID Regulations (Appendix C to COTIF Convention) 7 are without prejudice.
The expertise referred to in Article 14 shall be verified for:
(a) the relevant scope of the activities which are:
1. Revision of designated technical installations,
2. inspections and tests of designated technical equipment;
3. revisions, inspections and tests of designated technical equipment; and
(b) the type of designated technical equipment concerned.
(1) The examination referred to in Article 14 (2) (b) shall be made before a panel composed of three members appointed by the Administrative Board. The Chairman of the Commission shall be an employee of the railway administration and at least 1 member of the Commission shall hold a certificate of competence to carry out revisions, inspections and tests to the extent and to the type of designated technical equipment for which theoretical knowledge is to be verified.
(2) Before the start of the examination, the President of the Commission shall verify the identity of the tested according to his identity document and invite him to submit a document demonstrating that he has completed the prescribed teaching and professional experience and to provide evidence of compliance with the medical conditions. If these documents are not submitted, the test cannot be initiated.
(3) The examination is non-public and consists of a written test and an oral interview before the commission. The general competence test may be repeated twice. If the applicant does not pass the test even after the third experiment, he must re-complete his professional experience to obtain the relevant knowledge, skills and procedures. The examination shall be completed no later than 1 year after completion of the professional experience to obtain the relevant knowledge, skills and procedures.
(4) The written test shall consist of at least 50 questions divided into groups by the areas listed in Annex 9. Each question is assigned at least 3 possible answers, of which only 1 is correct. Each correct answer is evaluated by 1 point.
(5) The oral interview shall consist of open questions to examine the deeper knowledge of the areas referred to in paragraph 3 and the interconnections. The Commission shall assess the answers to open questions by allocating points between 0 and 10 points according to the accuracy and completeness of the response. If the members of the Commission disagree on the assessment of the response, the President shall have the points put to the vote. The Commission shall adopt an evaluation supported by two members.
(6) The result of the whole test shall be assessed by the degree "benefit 'or" benefit'. In order to assess the "benefit 'levels, a minimum of 80% of the total possible points should be obtained in the written test and oral interview.
(7) The test result report shall contain:
(a) the designation "report on the result of the test to demonstrate the general competence to carry out revisions, inspections and tests of the specified technical equipment in operation,"
(b) the name and, where appropriate, the name, surname, date of birth and address of the place of permanent residence of the tested person;
(c) the place and date of the examination;
(d) the total test result; and
(e) the names, surnames and signatures of all the examiners.
Theoretical knowledge shall be verified on a regular basis by a test which shall be carried out within 5 years of the issue of the certificate of competence for conducting the revisions, inspections and tests of the designated technical equipment in operation in accordance with Paragraph 14 (2) (b) and no later than 5 years from the date of the previous examination to verify theoretical knowledge. Paragraph 16 shall apply mutatis mutandis to the test and the content of the test shall in particular be aimed at verifying the knowledge of changes to related legislation and technical standards.
TRANSITIONAL PROVISIONS
(1) The instruction and training of applicants for the issue of a train vehicle licence on a national and regional track started before 1 January 2012 and not completed before that date shall be completed in accordance with Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this decree.
(2) The teaching and training of applicants for a licence to drive a railway vehicle, trolleybus, special, cableway and tugs, which began before the date of entry into force of this decree and have not been completed before that date, shall be completed in accordance with Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this decree.
(3) Teaching and training according to Decree No. 101 / 1995 Coll., as effective until the date of entry into force of the Order
(a) national and regional runway management shall be considered equivalent to:
1. the training provided for in Section 2 (2) of this Order; and
2. the training provided for in Section 4 of this Decree for those types of train vehicles and the designated track or parts thereof for which they have been carried out,
(b) special, tram, trolleybus or cableway trains shall be considered equivalent to the teaching and training provided for in Article 8 (1) of this Regulation for those types of railway vehicles and runways for which they have been carried out; and
(c) for the activity of a person who is competent to carry out the revisions or inspections and tests of the designated technical equipment shall be considered equivalent to the professional experience referred to in Article 14 (3) (b) of this Decree for those activities and the types of technical equipment for which they have been carried out.
(4) If an application for an examination has been submitted before the date of entry into force of this Order and the test has not been carried out before that date, the test shall be carried out in accordance with Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this Order.
(5) The test under Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this Order, is considered equivalent to the general competence test under Section 3 of this Decree.
(6) The certificate proving in accordance with Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this Decree, the competence for electric power vehicles of the DC system (E1), electric power vehicles of the AC system (E2) or multi-system electric power vehicles (E3) shall be deemed to be a certificate demonstrating competence for electric power vehicles (E) under this Decree.
(7) A certificate demonstrating according to Decree No. 101 / 1995 Coll., as effective until the date of entry into force of this Decree, the competence of special driving vehicles with an operating speed up to and including 40 km.h-1 (SV1) or special driving vehicles with an operating speed above 40 km.h-1 (SV2) shall be deemed to be a certificate demonstrating competence for electric driving vehicles (SV) under this Decree.
EFFECTIVE
This decree shall take effect on the day of its publication.
Minister:
Mgr.
Příloha č. 1
Annex No 1 to Decree No 16 / 2012 Coll.
The scope and content of the basic general knowledge, skills and procedures necessary for the control of the track vehicle and the performance of the driver's activity and the scope and content of training to obtain the relevant knowledge, skills and procedures
(1) The basic general knowledge, skills and procedures necessary for the steering of the track vehicle and the performance of the driver's activities shall be:
"1.1. Operation of the driver, working environment, role and responsibility of the driver during the operation of railway transport, personal and special requirements arising from the duties of the driver
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Regulation Information
| Citation | Decree No. 16 / 2012 Coll., on the competence of persons driving a railway vehicle and persons conducting revisions, inspections and tests of designated technical equipment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.01.2012 |
|---|---|
| Effective from | 17.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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