Decision No. 37/2006/QĐ-BGTVT Issuing "Regulations on Content and Procedures for Testing to Issue Train Driving Licenses on Railways"

DECISION OF THE MINISTER OF TRANSPORT

Issuing "Regulations on Content and Procedures for Examining and Granting Train Driver Licenses on Railways"

người điều khiển tàu trên đường sắt"

__________________

MINISTER OF TRANSPORT

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Vietnam Railway Administration and the Head of the Organization and Cadre Affairs Department,

DECISION:

Article 1. Issued together with this Decision "Regulations on Content and Procedures for Examining and Granting Train Driver Licenses on Railways".

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette. All previous regulations contrary to this Decision are abolished.

Article 3. The Heads of the Office, Inspectorate of the Ministry, Heads of Departments, Directors of the Vietnam Railway Administration, Heads of agencies, units, and individuals concerned shall be responsible for implementing this Decision./.

REGULATIONS

Content and procedures for examining and granting train driver licenses on railways

(Issued together with Decision No. 37/2006/QĐ-BGTVT

dated November 1, 2006 of the Minister of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These provisions regulate the content and procedures for examining and granting train driver licenses on national railways, urban railways, and specialized railways connected to national railways.

Article 2. Applicability

These provisions apply to organizations and individuals related to the examination and granting of train driver licenses on national railways, urban railways, and specialized railways connected to national railways.

Article 3. Examination Content

The Chairman of the Examination Board is responsible for drafting, approving, and maintaining confidentiality of the examination questions for each examination content, including:

1. Theoretical examination.

2. Practical examination, including:

a) Practice inspecting machinery (locomotives, power cars, specialized railway motive power equipment);

b) Practice driving trains.

Chapter II

THEORETICAL EXAMINATION

Article 4. Content of the Theoretical Examination

1. General knowledge section: basic contents on Railway Technical Operation Regulations, Train Running Procedures and Railway Track Maintenance Operations, Railway Signal Procedures, Train Crew Operations Procedures; Orders, exceptions, train running instructions, and other current regulations relevant thereto.

2. Professional knowledge section: basic contents on engines, braking systems, running gear, electrical systems, drive systems, safety systems.

Article 5. Forms of the Theoretical Examination

The theoretical examination shall be conducted in one of the following forms:

1. Essay test.

2. Multiple-choice test.

Article 6. Essay Test

1. Time limit for answering questions: 150 minutes (excluding time for copying the questions).

2. Number of questions:

a) General knowledge section: 4 questions;

b) Professional knowledge section: 2 questions.

3. Grading scale: maximum score is 10 points, defined as follows:

a) Each question in the general knowledge section is worth up to 1.5 points;

b) Each question in the professional knowledge section is worth up to 2 points.

4. Candidates are recognized as meeting the requirements when they score at least 6 points, including:

a) No answer scores less than half the points specified in Clause 3 of this Article;

b) No violation of examination termination offenses.

Article 7. Multiple-Choice Test

1. Time limit for answering questions: 60 minutes.

2. Number of questions:

a) General knowledge section: 30 questions;

b) Professional knowledge section: 15 questions.

3. Grading scale: maximum score is 45 points, each correct answer earns 1 point.

4. Candidates are recognized as meeting the requirements when they score at least 40 points, including:

a) General knowledge section scores at least 27 points;

b) Professional knowledge section scores at least 13 points;

c) No violation of examination termination offenses.

Article 8. Deduction of Points for Violations in the Theoretical Examination

1. Candidates who violate the examination rules will have their violations recorded in a report.

2. Candidates who have one violation recorded will have points deducted as follows:

a) Deduct 30% of the total score if it is an essay test;

b) Deduct 10% of the total score if it is a multiple-choice test.

Chapter III

PRACTICAL EXAMINATION FOR INSPECTING MACHINERY

Article 9. Equipment for practical examination for inspecting machinery

The equipment used for practical examination for inspecting machinery must be in good technical condition, ensuring applicable standards.

Article 10. Content of the practical examination for machine inspection

1. The examination team creates technical faults ("pan") in parts of the vehicle according to the test content, including:

a) Creating 3 pans in the running part, engine (or brake), and electrical system in a cold state;

b) Creating 2 pans in the braking part (or engine), and electrical system in a hot state.

2. During the time specified in the machine inspection test, the examinee must check, detect, and handle the pans according to the required content.

Article 11. Points for practical machine inspection

The maximum points for practical machine inspection are 100 points and are defined as follows:

1. Ensuring the correct time and technique for machine inspection: up to 50 points.

2. Each pan detected and handled correctly: up to 10 points.

Article 12. Deduction of points for violations during practical machine inspection

Candidates will be deducted points in the following cases:

1. Exceeding the specified time by more than 20 minutes: deduct 2 points for each minute exceeded;

2. Not completing the required procedures for machine inspection: deduct 5 points;

3. Causing a minor work accident: deduct 5 points;

4. Inspecting out of sequence or in incorrect posture: deduct 1 point for each violation;

5. Missing details or parts: deduct 1 point for each missed detail or part;

6. Damaging details without reaching the replacement level: deduct 5 points for each damaged detail.

Article 13. Conditions for recognizing successful completion of practical machine inspection

An examinee is recognized as meeting the requirements when obtaining at least 60 points, including:

1. Detecting and handling correctly at least 3 pans, including at least 1 hot pan;

2. Not violating any errors that would result in the examination being terminated.

Article 14. Practical Examination Result Evaluation Form

The results of the practical machine inspection examination are reflected on the Practical Machine Inspection Result Evaluation Form.

The model of the Practical Examination Result Evaluation Form is stipulated in Appendix 1 of this Regulation.

Chapter IV

PRACTICAL EXAMINATION FOR TRAIN DRIVING

Article 15. Vehicles used for practical train driving examination

1. Vehicles used for train driving examination:

a) For locomotives and power cars: must pull passenger trains or freight trains;

b) For dedicated railway power vehicles: if there are passenger cars or flatbed trailers, they must pull them along.

2. Vehicles used for train driving examination must meet all requirements regarding operating conditions, technical conditions, and current equipment regulations.

Article 16. Distance and time for train driving examination

The examinee drives the train for at least three consecutive sections, strictly following the time specified in the train schedule, the prescribed speed in the current speed command and warning signals, where the first section is the trial run section, and the subsequent two sections are used to evaluate the practical train driving performance.

Article 17. Content of the practical train driving examination

1. Preparation work: the examinee must check the completeness of the prescribed tools and necessary train operation indicators.

2. Reporting and responding system: the examinee must fully implement the reporting and responding system as prescribed.

3. Train stopping skills: the examinee must stop the train twice. The stopping position is determined by comparing the centerline of the driver's seat with the perpendicular line to the rail centerline, against the standard mark specified in the examination. The allowable deviation from the standard mark is as follows:

a) For dedicated railway power vehicles: not more than 3 meters ahead or 1 meter behind the standard mark;

b) For passenger trains: not more than 6 meters ahead or 2 meters behind the standard mark;

c) For freight trains: not more than 8 meters ahead or 4 meters behind the standard mark.

4. Train driving skills: the examinee must fully comply with the prescribed technical requirements, driving the train according to the time specified in the train schedule, the current speed command, and warning signals.

5. Train braking skills: the examinee must fully comply with the prescribed technical requirements.

Article 18. Driving Practice Points

The maximum driving practice points are 100 points and are defined as follows:

1. Preparation work: up to 10 points.

2. Reporting and calling out: up to 20 points.

3. Stopping skills: up to 20 points.

4. Driving skills: up to 30 points, including:

a) Time spent running in the section: up to 10 points. In cases where there is a slow running point in the section, the examiner must inform the examinee and must add the technical time of that slow running point.

b) Fulfilling all technical requirements as prescribed: up to 20 points.

5. Braking skills: up to 20 points.

Article 19. Deduction of Points for Violations During Driving Practice

Candidates shall be deducted points in the following cases:

1. Preparation work: after inspection, if tools or start-up signals are missing, deduct 1 point for each type missing;

2. Reporting and calling out: deduct 3 points for each incorrect or missing report or call;

3. Stopping skills: deduct 1 point for each meter stopped before the allowed range; deduct 3 points for each meter stopped beyond the allowed range;

4. Skill in driving the train:

a) Time spent driving in each section if it differs from the timetable: deduct 3 points for each minute of difference;

b) Violation of driving skills regulations: deduct 2 points for each violation;

5. Braking skills: deduct 2 points for each violation.

Article 20. Conditions for Recognizing Satisfactory Driving Practice

An examinee will be recognized as satisfactory when achieving at least 60 points, including:

1. No content being deducted more than half of the points specified in Article 18 of this Regulation;

2. Not violating any errors that would result in the examination being terminated.

Article 21. Examination Result Evaluation Form

The results of the driving practice examination are reflected on the Examination Result Evaluation Form.

The model of the Examination Result Evaluation Form is stipulated in Appendix 2 of this Regulation.

Chapter V

ORGANIZATION OF THE EXAMINATION PERIOD

Article 22. Planning the Examination Period

1. By December each year, units with the need to send candidates for the examination to obtain a driving license (registration units) have the responsibility to plan the organization of examination periods for the following year and submit them to the Vietnam Railway Administration. The plan must clearly state the expected examination date, the number of candidates registered for each examination period, and the type of equipment proposed for examination.

2. The Vietnam Railway Administration has the responsibility to accept registration from units and build an overall examination plan for the entire industry for the year, informing units at the end of the first quarter to prepare for implementation.

Article 23. Organizing the Examination Period

1. Ten days before the examination period, the registration unit has the responsibility to issue a letter requesting the organization of the examination period along with the list and file of each candidate registered for the examination and send it to the Vietnam Railway Administration.

2. The Vietnam Railway Administration has the responsibility to accept the list and files of candidates registered for the examination and organize the examination according to current regulations.

Article 24. Examination Procedure

1. Examination process:

a) Step 1: Theoretical examination;

b) Step 2: machine inspection examination;

c) Step 3: Practical driving examination;

d) Step 4: Re-examination for practical steps 2 or 3 for candidates who fail to meet the requirements according to regulations.

2. Candidates who do not meet the theoretical examination requirements will not be allowed to proceed with the practical examination.

3. Candidates who fail both parts of the practical examination at steps 2 and 3 will not be arranged for a retake of the practical examination.

4. Candidates who fail one of the two parts of the practical examination at step 2 or step 3 will be arranged for a retake of the failed part once.

5. Candidates who do not meet the examination requirements will be given one re-examination opportunity in the next examination period but will not retain the results of the previous examination period.

Article 25. Suspension of Examination

1. The Chairman of the Examination Board issues a decision to suspend the examination for candidates participating in the examination as prescribed.

2. Candidates will be suspended from the examination in the following cases:

a) For theoretical examination:

- Violating regulations recorded in the record for the second time;

- Bringing unauthorized materials or items into the examination room.

b) For machine inspection practice:

- Exceeding the prescribed time by over 20 minutes;

- Causing a labor accident requiring the Examination Board to stop the examination to address it;

- Damaging machine components to the extent requiring material compensation or replacement.

c) For driving practice:

- Committing an offense subject to administrative penalty under current regulations for train drivers;

- Starting the engine without the train movement permit or the signal from the station control operator or the train conductor;

- Changing direction while the train has not fully stopped;

- Using brakes with excessive air pressure causing the train to skid;

- Stopping the train on a slope causing an incident; stopping the train beyond the collision avoidance mark;

- Failing to promptly detect and handle situations leading to the train stalling or stopping;

- Causing other dangerous situations requiring urgent measures to prevent accidents.

d) During the examination, failing to comply with the examiner's instructions or engaging in disruptive behavior resulting in a report being made.

Article 26. Conditions for Recognition of Meeting the Requirements of the Examination Period

A candidate shall be recognized as meeting the requirements of the examination period when they meet the requirements of both the theoretical examination and the practical examination.

Article 27. Responsibilities of the Examination Board, Examination Team, and Candidates during the Examination Period

Fulfill all regulations stipulated in the examination period's charter and other specific regulations (if any).

Chapter VI

IMPLEMENTATION

Article 28. Responsibilities of the Director of the Vietnam Railway Administration

1. Organize the implementation of this Regulation.

2. Annually, in December, summarize the examination work, issue driving licenses, and report to competent authorities.

3. Lead and coordinate with relevant agencies to establish an examination question bank; organize approval and implementation.

Article 29. Responsibilities of Heads of Relevant Units

Heads of relevant units shall implement this Regulation to related entities within their management scope based on their functions and tasks./.