Train Driving Licences and Certificates (Amendment) Regulations 2026

Monday 23rd March 2026 Grand Committee

Considered in Grand Committee

17:21

Moved by

[Lord Hendy of Richmond Hill]

That the Grand Committee do consider the Train Driving Licences and Certificates (Amendment) Regulations 2026.

Relevant document: 52nd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, these regulations will lower the minimum age at which the Office of Rail and Road, ORR, can issue a train driving licence to a person to drive trains on the mainline railway in Great Britain from 20 to 18. Under the regime, applicants will continue to be required to satisfy the same conditions for driving trains contained in the Train Driving Licences and Certificates Regulations 2010, hereafter called the 2010 regulations. These licence conditions will remain unchanged. They include completion of at least nine years of primary and secondary education or vocational training equivalent to level 3 qualifications, and proof of passing medical, psychological fitness and general professional competence examinations.

By lowering the minimum age from 20 to 18, these regulations will bring Britain into line with several other countries including Germany, the Netherlands and Australia. They will also be consistent with the London Underground, where professional operating roles can begin at 18. These regulations will not change the minimum age to be a train driver in the Channel Tunnel, which will remain at 20, consistent with our international obligations.

I will begin by providing background information on the regulatory framework and the case for lowering the minimum age to be a train driver. The railway network currently depends on approximately 19,000 train drivers. These drivers operate passenger and freight services across the country. The 2010 regulations established the legal conditions required to drive trains on the mainline railway and cover both licences and certificates.

A train driving licence confirms that a driver has been medically and psychologically assessed as fit and has passed a general competence examination in train driving. As long as the driver continues to meet these conditions, the licence remains valid for 10 years. Drivers must also hold an employer-issued certificate showing that they are trained and authorised to drive specific trains on specific routes. A driver must hold both documents.

The 2010 regulations implemented the EU train driving directive, which sets a default minimum licensing age of 20 across the EU. The directive also allowed member states to adopt a lower age of 18 for domestic services, but the United Kingdom did not choose to do this in 2009. Since then, as I have mentioned, several countries have successfully implemented a lower age limit and others are actively considering it, including Japan.

In 2019 the Rail Safety and Standards Board, RSSB, undertook research to look at the case for lowering the minimum age in Britain. It published its findings in February 2024. The RSSB found that 18 and 19 year-olds can drive trains safely and professionally when held to the same training, assessment and supervision standards as older recruits. At the same time, lowering the age limit widens the talent pool, increasing driver numbers and improving representation.

The research found that experience, not age, is the determining factor in whether a new entrant to the profession will enjoy a successful career. This experience is gained through practice and exposure to train driving. Experience is a central feature of train driver training and can be gained through a structured training programme. Training and assessment typically take between 12 and 18 months and involve several months of classroom and simulator learning, alongside 225-plus hours of practical train driving. This is followed by mandatory examinations and post-qualification monitoring and assessments.

Support for the policy was reaffirmed in a May 2023 post-implementation review, prompting the previous Conservative Government to consult on the proposal. The consultation, published in May 2025, showed broad support from major industry bodies, including ASLEF—the train drivers’ union—and train operators, although some stakeholders sought assurances about transition arrangements.

For this reason, on 7 May 2025 my department confirmed that we would move forward with lowering the minimum train driver age, subject to receiving an industry implementation plan that would then determine the timetable for changing the law. The Rail Delivery Group, working through the Train Drivers Academy, co-ordinated the industry’s response, gathering industry specialists to review existing arrangements and identify opportunities to optimise the system. The industry confirmed that existing safeguards, testing and supervision remain appropriate for younger entrants, but recommended that operators update their procedures and ensure staff understand how best to support new trainees. Overall, the implementation plan demonstrated that a lower minimum age for train driving can be introduced safely and without requiring major changes to core safety or competence management systems.

The department and the ORR approved the implementation plan in December and published it on GOV.UK on 19 March. The plan proposed several practical improvements that industry will now implement to strengthen recruitment, assessment and training for all new drivers, not just younger applicants. These include fairer and more transparent recruitment processes, clearer information about the role, better support for managers working with younger colleagues, more consistent industry-wide communication, and development of a simple and accessible recruitment portal. To help monitor arrangements, a study is proposed to monitor the progress of younger drivers over time, which will use a small group of pathfinder operators to test, refine and share effective approaches.

Taken together, the industry has produced a clear and evidence-based strategy that will help bring younger entrants into the profession safely and confidently. We are confident that these arrangements will be in place by June this year, which is why we have scheduled the legislative change to take effect on 30 June. From that date, young people will be eligible for train driving positions.

I turn to the reasons why the Government are bringing forward these regulations and their intended objectives. The rail industry is facing significant skills shortages across several key areas, particularly train driving. Around 25% of the current workforce is expected to reach retirement age by 2030. We project that there will be a deficit of 2,500 train drivers by the end of the decade unless action is taken.

In some parts of the country, such as Wales, that figure is closer to 38%. Even in London, where the proportion is lowest, nearly a quarter of drivers will retire within the same period. Without a concerted effort, this presents a retirement cliff edge that risks the industry’s ability to maintain current service levels. Operators are already experiencing difficulties in recruiting new drivers and are too frequently reliant on overtime to sustain timetables.

At the same time, there is clear evidence that the rail industry is not yet drawing on the full breadth of talent available. The workforce remains relatively homogenous: the average train driver is 47 years old, fewer than 11% of them are women and fewer than 13% come from minority-ethnic backgrounds. This points to significant untapped potential across the country.

Lowering the minimum age of train drivers will not on its own solve driver shortages, and it is still the responsibility of operators to take steps to secure the workforce they need. This change is, however, an important first step and will help the industry to build a more resilient pipeline of drivers by creating a clearer route for school leavers to enter the profession. This is because the current minimum age of 20 has for many years acted as an arbitrary barrier to entry. By that age, many young people have already committed to other employment, vocations or further study. Lowering the minimum age to 18 will allow operators to engage school leavers and offer a clear, structured route into a highly skilled and respected profession. In doing so, it will help the industry respond to the demographic and operational pressures it will face in the coming years.

17:30

We will look to DfT Operator and, eventually, Great British Railways to provide strategic leadership and co-ordination to meet the driver shortage challenge. This is about not only creating new opportunities for young people but taking decisive action to ensure the railway remains resilient, safe and properly staffed for the future. The aims of the policy are clear: to lower the average age of the workforce, increase the number of drivers in the industry, create a more stable and diverse profession, and improve representation so that trained drivers reflect the communities they serve.

I turn to reflections raised by the Secondary Legislation Scrutiny Committee as part of its consideration of the draft regulations. The Joint Committee on Statutory Instruments considered the draft regulations on 4 March but did not draw special attention to them. However, the Secondary Legislation Scrutiny Committee had some questions and wished to draw the special attention of the House to these matters in its 52nd report, published on 26 February.

First, the committee asked how the regulations will support 16 and 17 year-olds progressing into train driving and whether the minimum age for a train driving level 3 apprenticeship could be lowered. Since our announcement, my department has worked with the Rail Delivery Group, Skills England and the Department for Education to explore this. As a result, the minimum entry age for the train-driving apprenticeship will be reduced from 18 to 17.5, with the intention that this takes effect alongside the regulations. This will allow young people to begin classroom learning and supervised practical training earlier, while remaining fully compliant with the Working Time Regulations.

Secondly, the committee asked when the implementation plan would be published. The plan was issued on 19 March, having needed the period between laying on 10 February and that date to finalise the apprenticeship offer and ensure it aligned fully with the new licensing arrangements.

The third question the committee asked was whether there will be a clear pathway for 16 year-olds so that train-driving apprenticeships become a viable option for school leavers. Alongside lowering eligibility for the train-driving apprenticeship, the industry is developing a rail foundation apprenticeship for 16 year-olds, providing a structured skills route into train driving. Additional access courses are also being developed to help school leavers build the non-technical skills needed for driver assessment and selection.

The committee’s fourth question looked for assurance on operational safeguards and oversight. I can confirm not only that all testing and competence requirements will remain in place but, moreover, that the implementation plan specifies that operators will update internal procedures and safeguarding arrangements for younger trainees. Over time, we expect operators to share learning and best practice to support long-term implementation. This will be formalised through a 10-year longitudinal study to monitor the progression, well-being and performance of younger drivers, providing a clear mechanism for continuing oversight.

Fifthly, the committee asked about the timetable for wider reforms to the train driver licensing regime, noting concerns about training capacity and projected shortages. There are various reasons behind projected shortages and capacity issues, which vary across operators in the country as a whole. The department is developing proposals to reform the 2020 regulations with a view to addressing these issues where we can and intends to consult on this, either this year or next year, as part of the transition towards Great British Railways. As I have mentioned, we will also be looking to GBR to provide strategic leadership on this matter in the longer term.

Finally, the committee asked whether the findings of the longitudinal study will be published. The study is being led by industry through the Train Drivers Academy and the department has been assured that results will be published annually, ensuring transparency and continued scrutiny.

I will briefly summarise the content of the regulations and what the changes will mean in practice. The regulations lower the minimum age at which an individual may be issued a train driving licence from 20 to 18, provided they meet the same rigorous licensing conditions. The change in law is scheduled to come into force on 30 June 2026 and will apply across Great Britain, meaning that prospective applicants will be able to apply for train-driving positions from that date onwards. These draft regulations also make a small number of unrelated technical corrections to the 2010 regulations to remove redundant cross-references to provisions made by EU exit legislation that is no longer operable, ensuring that the regulations as a whole remain up to date and legally clear.

These regulations deliver a focused and widely supported reform. They lower the minimum age from 20 to 18 while fully maintaining the strict safety, medical and competence standards that underpin our railways. They will widen opportunities for young people and enable operators to draw from a broader talent pool, at a time when many experienced drivers are approaching retirement. The Government, the regulator and the industry have worked closely to ensure that the reforms can be introduced safely, with clear pathways for school leavers through strengthened apprenticeships and early entry routes.

These measures will support a more resilient, diverse and sustainable driver workforce and strengthen the long-term viability of our railways. I therefore hope that noble Lords will join me in supporting this statutory instrument.

17:36

Sitting suspended for a Division in the House.

17:43

[Baroness Pidgeon (LD)]

My Lords, I thank the Minister for introducing these regulations so thoroughly. We on these Benches welcome the statutory instrument, which presents a pragmatic, evidence-based approach to modernising our railway workforce and opening up highly skilled and well-paid careers to the next generation.

For too long, the arbitrary age limit of 20 has meant that the rail industry has lost out on bright, capable school leavers who, when they finish their education at 18, have been forced to seek opportunities in other sectors. As we have heard, we are facing a demographic cliff edge in the railway in terms of age, while trying to make sure we have a workforce that represents the whole of our communities. That is really important. The statutory instrument allows for earlier training and that new talent pipeline. It is good to see that we are aligning ourselves with our European neighbours.

We need to take into account, though, the perspectives of those who operate our trains every day. Looking at the consultation, there were quite high numbers of respondents concerned about this, particularly current train drivers. I would therefore like to ask the Minister a few questions.

First, how is this going to be publicised? The Train Drivers Academy is going to have this comprehensive communications campaign, online guidance and so on, but how are the Government going to support the industry in co-ordinating this new outreach to attract new applicants? Secondly, can the Minister explain how the Government will work closely with the industry to reassure the existing workforce, who have expressed some concerns, and ensure that any issues are addressed? In achieving the policy objectives outlined in the post-implementation review, can the Minister outline additional measures the Government are actively considering, apart from this regulation, to promote rail careers and ensure that broader, diverse pipeline of workers in the sector? As long as this does not compromise rigorous recruitment and assessment processes, as the Minister has set out, and has high medical standards and so on, we gladly support this measure to empower our young people and secure the future of our rail workforce.

[Lord Moylan (Con)]

My Lords, I thank the Minister for setting out so clearly his succinct response to the issues raised by the Secondary Legislation Scrutiny Committee. It is good to have those comments on the record. It also saves me the trouble of asking all the questions that it asked and pressing him to give answers in his wrap-up. That has considerably shortened the remarks I entered the Room with.

On my part and on behalf of the Conservative Party, we wholly welcome this statutory instrument and the development it contains. It was, in fact, a Conservative initiative, as the Minister mentioned in his opening remarks. It is always good to have new measures that help youth employment at a time when youth unemployment is rising so dramatically under the current Government.

However, while I welcome the regulations wholeheartedly and without reservation, and while I think they are a very good thing in principle, I have slight doubts about whether they are going to make an enormous difference in practice. First, as the Government say, there is already a strong demand for train driver roles. Lots of people want to be train drivers, yet the fact is that the workforce is very restrictive. The Minister mentioned the retirement profile that is approaching, and I do not need to repeat that, but as far as I am aware, the average age is 47. Less than 3% are under 30, and women make up less than 11%. I wonder what has brought that about. It is not the restriction from the age of 20 that is causing that, and moving it to 18 is unlikely to change it, especially given that these are well-paid roles for which there is a great deal of demand.

What is in the process of happening as a result of the Government’s policies is that the Government are becoming the employer. The Government might say that Great British Rail is becoming the employer, but that does not exist and will not exists for several years at the rate things are going. The Government themselves—the Department for Transport, through its subsidiary companies—are the employer. So trying to understand, trying to tackle the root explanations for this strange profile in the workforce with a view to opening up the demographic of our train drivers, is a responsibility that falls squarely on the Government. I have not heard the Minister say what, as an employer, the Government are going to do about that.

I welcome that he has explained, I think quite convincingly, what he is going to do to make it easier for 16 to 18 year-olds to get on track in this direction, but what are they going to do about the existing profile of the workforce? How are they going to get people of other ages, who might be in their mid-20s or who might have done some other role, to enter the workforce at that stage—urgently—and get involved, given the cliff edge that we are promoting?

There are serious issues. We know that the workforce has tended to be restrictive about how one can enter it, and that its general profile is not reflective of the population at large. While I am not encouraging diversity for the sake of diversity, some of the problems we have are because the pool has been very narrow and widening it from 20 to 18 is not the key issue that will resolve it.

The Government’s impact assessment states that they have looked at other countries, including France, Germany and the Netherlands. If the Government are looking to other countries, they might also look to other working practices that need changing. One example is Sunday working, which in many countries is built into the contracts of train drivers. That is not so here, and we are dependent on voluntary overtime for Sunday running of the trains. It would be useful to know what the Government are thinking of doing about this as part of their general workforce programme, now that they are the employer.

On the question of age, I come back to the issue of Transport for London. The Government said that the age limit of 18 already applied at Transport for London, which is true, yet, as far as I can see, there are very few young drivers at Transport for London. We have the problem that, according to a freedom of information request, Transport for London does not currently employ a single train operator under the age of 23, and that person is a bit of an outlier anyway. Similar problems exist at Transport for London regarding retirement cliff edges, even though they operate this lower age limit for entry.

The general verdict is that we are in favour of the lower age limit and we recognise the problem, but we do not think this is enough. The Government will have to go a great deal further to solve the problems that the Minister set out in his opening remarks.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I thank noble Lords for their attention and for their comments about this instrument.

In response to the noble Baroness’s questions, I reassure her that I and my officials are working closely with all the people involved to ensure that we can capture the interests of young people and promote awareness of the opportunities. I think it will be easier with 18 year-olds than it is with 20 year-olds because of the measures that I talked about, including apprenticeships and the prior preparation for these jobs. We know that it will be easier, and we intend to do a great deal to make sure that, across the industry, we engage young people and showcase what a career in train driving can offer.

The industry is more co-ordinated than it was. For example, I draw noble Lords’ attention to the train circulating to celebrate the 200th anniversary of the national railway system. It has a carriage devoted to interesting young people in railway careers, which has been enthusiastically welcomed wherever it has been. On a more long-term basis, operators will work closely with schools and colleges to deliver talks by other young train drivers, share experience and support activities that will inspire young people to consider this as a career. We know that we need to do more across communities, and the opportunity of engaging younger people will be a stimulus to achieve that.

The noble Baroness referred to the consultation in which there were objections from existing drivers to this proposal, but we do not believe it is correct to say that the majority of drivers opposed it. I have met a number who are very keen on it, including some people of a relatively venerable age. We think that the objections are individual and not representative of the wider industry view. Certainly ASLEF, the largest train-driving union, which represents 95% of drivers on the network, strongly supports the measure. For any who have expressed concerns, I believe they are mostly about somehow compromising the rigorous high standards that existing drivers must meet. I hope I have reassured the Committee that that will not be the case, that standards will continue to be as high as they are now and the full competitive selection process will still be followed. In any event, we will monitor how the new arrangements are working in practice as part of the longitudinal study.

Finally, the noble Baroness asked what additional measures the Government are actively considering. Aside from what I have already said about updating and widening access to existing rail apprenticeships, the Government recently invested £1 billion into the national youth employment initiative, which will help to create 200,000 new jobs and apprenticeships. Those measures will strengthen generally high quality apprenticeships, while the rail industry having the new apprenticeships that I talked about will encourage young people into this industry.

There are already key initiatives across the railway industry, including women in rail, the National Skills Academy for Rail’s routes into rail campaign, Network Rail’s inspire and STEM programmes and the young rail professionals network. We will make sure that they all embrace 18 year-olds in the future so that we get a more diverse pipeline of talent into the sector. My department will also look at potential reforms to the legislative framework for train driving to ensure that it remains fit for purpose and continues to equip train drivers with the training they need in this evolving industry. Of course, Great British Railways will make it easier to work with the industry to develop proposals for consultation over the next years.

I am grateful to the noble Lord, Lord Moylan, for his general support for this measure and concur with him that it was initiated by the previous Government. He asks what else we will do. One of the answers is that there is a much more vigorous recruitment programme than under the previous Government. Severe shortages have developed since Covid. The Government are working extremely hard to make up the deficiency in vacancies and work out properly what the establishment of the railway is. Several operators clearly lost sight of that in the previous regime. We will raise the railway’s profile with schools and use the precedent of the bus industry, which similarly reduced the age some time ago and has found a good source of younger people.

The noble Lord referred to Sundays not being part of the working week. That is a real problem, and the industry has not been consistent on it. Some employers have Sundays within the working week. The Secretary of State in the other place has said a number of times that it is time that the railway employed people for seven days a week, since that is how it works. That will encourage employment characteristics that are more like the rest of the railway and, we hope, encourage people into the industry as well.

Lastly, the noble Lord raised the Underground’s lower limit and its apparent absence of young people as a consequence. My own surmise is that—I will write to him if this differs—recruitment to fill the night Tube, which he will recall, has distorted the age profile simply because there was a large recruitment of drivers for it. Subsequently, employment conditions changed again, and those people are now part of the normal workforce, so that distorted the age profile.

I hope that I have satisfactorily answered all the questions from noble Lords who have spoken in the debate. All that remains for me is to beg the Committee to consider the statutory instrument.

Motion agreed.