The “Regulation on the Amendment of the Train Machinist Regulation” of the Ministry of Transport and Infrastructure was published in the Official Gazette and entered into force.
From the Ministry of Transport and Infrastructure:
REGULATION ON CHANGES IN THE TRAIN MACHINE REGULATION
ARTICLE 1 - Article 31 of the Train Machinist Regulation published in the Official Gazette dated 12/2016/29935 and numbered 2 has been amended as follows.
"ARTICLE 2 - (1) This Regulation; Paragraphs (a) and (d) of the first paragraph of Article 10 of the Presidential Decree No. 7, published in the Official Gazette dated 2018/30474/1 and numbered 478, and Some Regarding the Transportation and Infrastructure Area no. 26 of 9/2011/655 It was prepared on the basis of Article 28 of the Decree Law on Regulations. ”
ARTICLE 2 - Paragraphs (a), (b) and (o) of the first paragraph of Article 3 of the same Regulation have been amended as follows and the phrase "to work" in item (n) has been changed to "profession".
“A) Minister: Minister of Transport and Infrastructure,”
“B) Ministry: Ministry of Transport and Infrastructure,”
“O) Psychotechnical evaluation center: Psychotechnical evaluation center authorized by the Ministry of Health in accordance with the principles in Annex-2,”
ARTICLE 3 - The third paragraph of Article 4 of the same Regulation has been amended as follows and the following paragraphs are added to the same article.
“(3) Railway train operators and infrastructure operators are responsible for keeping track of the train mechanic they employ or run under a service contract, creating a record system related to this, and establishing a data sharing system with the Ministry.”
“(4) The train driver's license also replaces the personal safety certificate. There is no need to issue a personal safety certificate to the train driver. However, the trainings and certificates to be taken within the scope of the personal safety document are added to the certificate.
(5) Of the personnel working as train engineers, those who will carry dangerous goods must have a certificate in accordance with the issues specified in the Training Directive on the Transport of Dangerous Goods by Rail.
ARTICLE 4 - 5 of the same Regulation, together with the title, has been changed as follows.
"Minimum requirements and documents required to obtain a driver's license
ARTICLE 5 - (1) The conditions to be provided for the first time by the profession for getting a train engineer license are as follows:
a) to have completed the age of twenty on the date of application.
b) Two biometric photographs of the last six months from the date of application.
c) Medical board report documenting that it meets the health conditions specified in Annex-1.
ç) Report received from the laboratory authorized by the Ministry of Health, indicating a “negative” result from the drug and stimulant test.
d) Psychotechnical evaluation report taken from the psychotechnical evaluation center authorized by the Ministry of Health in accordance with the procedures and principles in Annex-2.
(e) The document indicating that the driver's license fee was deposited.
f) In cases where it is an accredited certification body, to have the professional qualification certificate of the VQA valid in the Train Engineer National Qualification.
g) In cases where there is no authorized certification body; A railway examination authorized by the Ministry or the Ministry, from a railway training center authorized by the Ministry, having successfully completed the train mechanic basic training program, organized in accordance with the issues specified in the national qualification and professional standards of the train mechanic, and no more than twelve months before the application date. To get at least 100 (seventy) points out of 70 (hundred) from the proficiency exam administered in the center. ”
ARTICLE 5 - In the second paragraph of Article 6 of the same Regulation, the phrase “the trainer has a VQA qualification certificate valid for national competence” has been changed to “within the principles of this Regulation” and the fifth paragraph has been changed as follows.
“(5) Ministry; keeps all information about the licenses issued, renewed, suspended or canceled in its own registration system. It establishes the data sharing system between infrastructure and railway train operators. ”
ARTICLE 6 - Article 7 of the same Regulation is amended as follows.
"ARTICLE 7 - (1) Train engineer's license is valid for ten years if the original documents are submitted to the Ministry:
a) Certificate of mastership and / or graduation for those who are exempt from MYK Vocational Qualification Certificate within the second paragraph of the provisional 1.
b) VQA vocational qualification certificate, which is not exempt from the VQA professional qualification certificate.
c) Medical board report taken in accordance with the periods specified in Annex-1.
ç) Psychotechnical evaluation report taken in accordance with the periods specified in Annex-2.
(2) Vocational qualification certificate of VQA obtained within the scope of subparagraph (b) of the first paragraph in accordance with the VQA legislation is renewed within the validity period of the train driver's license. ”
ARTICLE 7 - 8 of the same Regulation is amended as follows.
"ARTICLE 8 - (1) In the case that the conditions specified in subparagraphs (b), (c) and (ç) of the first paragraph of 7 are not provided and / or if the trainings to be carried out by the Ministry are determined that the trainings to be carried out at the intervals determined in the safety management system of the enterprise are not timely, the following process is started:
a) The Ministry shall notify the license holder and the holder of the license in writing, in writing, and suspend the validity of the license indefinitely.
b) The trainer's vehicle may not be assigned by the authority to which the driver is suspended. If the conditions specified in this paragraph are from the employer, the employer shall bear the financial losses that will occur during the suspension of the mechanic's license.
(2) If the conditions stated in the first paragraph are restored, the suspension of the license shall be eliminated.
(3) The license of the train mechanic is canceled by the Ministry for two years in case it causes serious accident, provided that it is documented by the judicial authorities that it is completely defective. The time taken from the post after the incident occurred is taken into account in this case. However, the machinist whose license has been canceled must renew the points in paragraphs (b), (c) and (ç) of the first paragraph of Article 7 as of the end of the cancellation period. ”
ARTICLE 8 - The subparagraph (a) of the first paragraph of Article 9 of the same Regulation and subparagraph (b) of the third paragraph shall be amended as follows.
“A) Ten years have passed since the date of issue,”
"B) Documents that have expired from the periodical documents specified in Article 7,"
ARTICLE 9 - The paragraphs (d) and (d) of the first paragraph of Article 12 of the same Regulation are amended as follows.
"Ç) In the case of at least one machinist accompanying the train driver license for the relevant infrastructure and traction vehicle, in the case of practical training and / or examination under the control of the training and examination center authorized by the Ministry for those who want to become a train mechanic,"
"D) When a new line will be put into operation, when the vehicle will be used under the supervision of an official from the producer of the line and an officer from the relevant infrastructure company, together with the first engineers who will use that line in the control of the training and examination center authorized by the Ministry."
ARTICLE 10 - The paragraphs (a) and (b) of the first clause of the same Regulation are amended as follows.
"A) Traction vehicle information: Every five years or every new vehicle is put into use,"
"B) Infrastructure information including route and operating rules: Every five years or when a new line is opened or after any break on the route for more than eighteen months."
ARTICLE 11 - The second paragraph of Article 22 of the same Regulation is amended as follows.
“(2) Train engineers, railway infrastructure operators and train operators are obliged to present all information and documents related to the train driver's license, train driver's license and trainings required during the inspection process.”
ARTICLE 12 - The first paragraph of Article 23 of the same Regulation is amended as follows.
“(1) If a train mechanic fails to present the train driver's license and the original of the train driver's bureau during the inspections, the General Directorate of Railway Regulation by the General Directorate of Railway Regulation, under the Article 655 of the Decree No. 28, by the Railway Operator to the train operator. five thousand) Turkish Lira administrative fines decision minutes are issued. ”
ARTICLE 13 - The provisional 1 of the same Regulation is amended as follows.
"PROVISIONAL ARTICLE 1 - (1) TCDD ve TCDD Taşımacılık A.Ş. and other railway operators who work as train mechanics and retirees, if they apply to the Ministry with the original medical board report and psychotechnical assessment reports mentioned in (c) and (d) of the first paragraph of the first clause of the article 5 The driver of the train machine is free of charge. The health board report and the psychotechnical assessment reports, which have been taken before the date of entry into force of this Regulation and whose validity period continues, shall also be accepted.
(2) TCDD and TCDD Taşımacılık A.Ş. before the publication of the Communiqué on the Occupational Competence Institution Vocational Qualification Certificate Obligation (Rank No: 26/9) published in the Official Gazette dated 2017/30192/2017 and numbered 1 by VQA. . Graduates from those working as a train mechanic or retired from other railway operators and those who retired from vocational and technical education schools and universities and departments of vocational and technical education schools and universities affiliated to the Ministry of National Education. Vocational Qualification Certificate from VQA candidates is not required. However, the applicants are obliged to submit the documents in paragraphs (ç) and (e) of the first paragraph of Article 5. ”
ARTICLE 14 - The provisional 2 of the same Regulation, together with the title, has been amended as follows.
"Train Engineer's Train Mechanic Badge
PROVISIONAL ARTICLE 2 - (1) TCDD and TCDD Taşımacılık A.Ş., which did not interrupt for any reason for eighteen months before the entry into force of this Regulation. and the train of the train machinists working with other railway operators, and the certificate of the traction vehicle used by the company for the one-time line, provided that the experience they have gained, the trainings they have received, and the exams they have passed are documented. ”
ARTICLE 15 - The provisional 3 of the same Regulation, together with its title, has been amended as follows.
"Trainer's psychotechnical controls
PROVISIONAL ARTICLE 3 - (1) TCDD and TCDD Taşımacılık A.Ş. and psychotechnical evaluations of train mechanics who work or will work in railway train operators; TCDD and TCDD Taşımacılık A.Ş. for five years until the authorization of psychotechnical evaluation centers. and other railway operators in accordance with the current legislation. ”
ARTICLE 16 - Article 26 of the same Regulation is amended as follows.
"ARTICLE 26 - (1) This Regulation, prepared jointly by the Ministry of Transport and Infrastructure and the Ministry of Health, enters into force on the date of its publication. ”
ARTICLE 17 - Article 27 of the same Regulation is amended as follows.
"ARTICLE 27 - (1) The provisions of this Regulation are executed by the Minister of Transport and Infrastructure. N
ARTICLE 18 - Annex-1 and Annex-2 of the same Regulation are amended as attached.
ARTICLE 19 - This Regulation, prepared jointly by the Ministry of Transport and Infrastructure and the Ministry of Health, shall enter into force on the date of publication.
ARTICLE 20 - The provisions of this Regulation are executed by the Minister of Transport and Infrastructure.
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