101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 155 What you need to do Safety certificates: For UK-based operators who only operate domestically and have ORR-issued Part A and Part B safety certificates, your certificates would remain valid if there’s no deal. Any non-UK based operators operating a domestic-only service in GB with a Part A safety certificate issued in another EU country, would be able to continue using these certificates for up to 2 years from exit or until they expire - whichever is earlier. At this point you would need to apply to the ORR for a UK Part A certificate and renew the UK Part B safety certificates to continue operating. However, you would not be required to be established in the UK. ORR-issued Part B safety certificates would be valid until they expire and will not be subject to a time-limited period. The exception to this is where a Part A certificate issued in an EU country expires or is subject to the 2-year limit, in which case the associated ORR-issued Part B certificate would also need to be renewed at the same time. The Commission’s notice indicates that if there’s no deal, UK-based operators running domestic services in another EU country who hold a Part A safety certificate issued by the ORR would need to re-apply for a Part A safety certificate in an EU country. This also applies to UK-based operators seeking to run new domestic services in an EU country. In order to ensure certainty, we encourage those who need to re-apply for a Part A safety certificate to begin this process as soon as possible. Arrangements for cross-border services would be subject to any bilateral arrangements that the UK negotiates with individual EU countries. Entities in charge of maintenance certificates For Entities in Charge of Maintenance (ECM) that hold an ECM certificate issued in the UK by the ORR or a recognised body, if there’s no deal their validity would be unchanged for freight vehicles operating purely on the UK mainline. ECMs that hold a certificate issued in another country would be able to continue using these certificates for UK operations. These certificates would be recognised indefinitely as required by our international obligations under COTIF. The Commission’s notice indicates that ECMs that hold a certificate issued in the UK by the ORR or a recognised body, and maintain freight vehicles in the EU, would need to apply for a new ECM certificate from a national safety authority in an EU country. The UK’s position is that the EU and UK recognition of the certification of ECMs after exit must be consistent with our international obligations under COTIF. Interoperability constituents In the UK, interoperability constituents with certificates of conformity from an EU notified body would continue to be recognised after exit unless the applicable UK technical standards diverge from the standards set by the EU. Where there is divergence in respect of a specific interoperability constituent, a reassessment against the divergent standard would be required by a UK conformity assessment body. The same principle would apply to certificates of verification for subsystems. The Commission’s notice indicates that if there’s no deal, an interoperability constituent placed on the EU market before exit with a certificate of conformity from a UK notified body could still be used for the period of validity of that certificate in subsystems or vehicles authorised before exit day. Certification from a UK notified body would not be valid for interoperability constituents placed on the EU market after EU exit. Vehicle authorisations In the event of a no deal exit, vehicle authorisations already issued within the UK before exit would retain their validity in the UK. An additional authorisation to place into service would be mandatory for vehicles for first use in the UK after exit, if those vehicles were first authorised outside of the UK. This system would be operated in accordance with the UK’s COTIF international obligations. We do not envisage this requirement to cause disruption as it is effectively formalising current practice. Additional vehicle authorisation is generally always sought to ensure compliance with the UK’s non-harmonised technical rules. The Commission’s notice indicates that vehicle authorisations delivered in the EU prior to EU exit would remain valid. After the withdrawal date, authorisations for placing in service in the EU would be based on certificates of verification issued by notified bodies in the EU countries. Train driving licences For operators in the UK, operating with licences and certificates issued in the UK, there would be no impact if there’s no deal. For operators in the UK, drivers using licences and certificates issued in another EU country would be able to continue using this documentation for up to 2 years from exit day or until they expire, whichever is earlier. At this point drivers working for a UK operator would need to apply to the ORR for a GB licence to continue operating in GB. The validity of certificates in the UK is unaffected by changes to the licence, however operators must ensure that certificates held by newly re-licensed drivers and their registers of those certificates refer to the new licence. If you currently drive trains into an EU country on a UK licence, you would need a new EU licence and certification documents from the national safety authority of the country you wish to drive into. You should apply for this as soon as possible. Arrangements for operators of cross-border services would be subject to any bilateral arrangements that the UK negotiates with individual EU countries.