Brexit rail guidance

Certificates and licences issued to UK railway undertakings except those for the Channel Tunnel ceased to be valid in the European Union from January 1 2021.

EU operators seeking to run in the UK, meanwhile, must obtain documentation from the Office of Rail and Road by January 31 2022.

The latest government guidance also states that the UK will recognise EC conformity assessment documentation against EU rail technical specifications as valid evidence of compliance with any identical requirements in UK rail technical specifications.

However, legislation is likely to be amended to limit this period of recognition to January 1 2023 in Great Britain. EU assessments for vehicle authorisations for international services will continue to be accepted in line with Convention concerning International Carriage by Rail (COTIF) regulations.

Train drivers working on EU-issued driving licences will need to obtain one from the ORR by January 31 2022 in order to continue driving trains in the UK, and will be considered as new applicants when applying to the ORR.

This includes passing the necessary medical, occupational psychological fitness and general professional competence examinations. Licences issued in Great Britain will remain valid from the end of the transition period on the terms of their original issue.

Operator licences, safety certificates and train driving licences will be recognised from the EU until January 31 2022 - although this does not apply to Northern Ireland.

The rights of UK passengers on domestic and cross-border services will not change, and there will be no impact on the validity of operator licences in the UK for UK domestic operators which already hold an ORR-issued licence or for operators registered in the UK whose parent companies are based outside the UK.

Entities in charge of maintenance which maintain vehicles in the EU on the basis of an ECM certificate issued in the UK by either the ORR or a UK-accredited certification body need to apply for and obtain a new ECM certificate from a certification body in an EU member state. They also have the option of obtaining a certificate according to the legal framework of the COTIF.

Vehicles first authorised in the UK from January 1 2021 will need to be authorised in the EU as well before they can be used there. Authorisations issued in the EU up to December 31 2020 will remain valid in the UK if the vehicle is already in use in the country.

From the start of this year, vehicles authorised outside the UK will require an additional authorisation before they are first used in the UK.