"RAILWAY LAW IN PRACTICE"
Find out more on the following pages about the expertise and specialized advisory services in railway law of
lawyer Dr Fabian Heyle.
"Railway law is a cross-sectional area of law with its own rules and connections to other areas of law."
Railway law / business law
Railway law is a cross-sectional area of law. It follows its own rules and has connections to other areas of law. Isolated knowledge of railway law is not sufficient in advisory practice, as the legal opportunities and solutions often lie in related business law. Lawyer Dr Heyle has an eye on both railway law and business law.
Railway law is technical administrative law. Advising on railway law requires a high level of technical understanding. Dr Heyle is a leading consultant and, as a certified rail consultant, has an excellent network in the sector.
Heyle-Law advises manufacturers, operators, those involved in construction, testing bodies on railway law and on related areas of business law. Excellent expertise exists in the following areas of law:
Railway law EU / national
Business law
Public Procurement law
Administrative law
Contract law
Construction law
Product liability and product safety law
Compensation law
"Heyle-Law offers genuinely comprehensive expertise in railway law"
Railway law is a broad field - The focus of the advisory practice of lawyer Dr Heyle is on the following:
Approval law EU / national
"In terms of approval law, the subsystems vehicles and infrastructure with technical equipment must continue to be assessed separately."
The focal areas of advising in approval law are:
-TSI approvals (TSI Loc & Pas Regulation (EU) 1302/2014, TSI INF, ENE, ZZS, SRT, PRM, NOI)
-CSM-risk assessment pursuant to CSM Regulation (EU) 402/2013
-BOStrab (German Ordinance on the Construction and Operation of Street Railways) approvals
-Railway law in the member states, e.g. the Austrian EisbG
Dr Heyle publishes on TSI / NO TSI approval law
Commentary on the Ordinance on the Issuing of Commissioning Authorization for the Railway System (Railway Commissioning Authorization Ordinance - EIGV)
Extract from
Railway law
Published by Prof Wolfgang Kunz and Prof Dr Urs Kramer
ISBN 978-3-7890-3536-4
with the kind permission of Nomos-Verlag: www.nomos-shop.de
Railway operation
"The previous SMS do not meet the requirements of European law!"
The previous safety management systems (SMS) of the railways and infrastructure operators do not meet the requirements of Art. 9 Directive 2016/798 / EU in conjunction with the CSM-SMS Regulation (EU) 2018/762. A timely upgrade of the SMS is a prerequisite for recertification / reapplication for the uniform safety certificate.
Law regulating testing bodies
"Regardless of whether DeBo, NoBo or UBS - the EU requirements of the 4th railway package are not implemented uniformly."
Example - recognition of independent assessment bodies (UBS): national regulations that do not comply with the higher-ranking requirements of EU law are null and void. The resulting risks are potential opportunities for you and your company.
Crossing law
"Crossing law still leads to costly misunderstandings - to the detriment of the road construction companies and municipalities!"
As an infrastructure company or as a road construction company, you can benefit from the expertise on the EKrG (Railway Crossings Act)/ 1st EKrV (Railway Crossings Ordinance). As a road construction company, do not be over hasty when concluding planning agreements if, in deviation from the statutory regulatory construct, these include the crossing-related planning costs in the cost calculation.
Railway construction
"Not everything different, but many things better!"
Consulting on railway construction requires excellent knowledge of public and private construction law as well as of the specific procedural and substantive law requirements of railway law.
Benefit from my wealth of experience in advising and representation.
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"The basics of railway law for engineers: an essential requirement in every project meeting!"
Technical seminars / online seminars
Dr Heyle offers the following training courses as face-to-face events and most of them also as online seminars. With the exception of the “Examination preparation for Recognition as EBA Expert / Testing Expert Section 4b AEG”, these are one-day training courses. The content can be taught by Dr Heyle in the virtual video conference room and in compliance with the data protection regulations of the GDPR.
Rail approvals in Germany and in the EU
Lengthy - expensive - unachievable? From the first to the last step along the way to railway approval, knowledge and correct application of approval law are the decisive success factors. The Rail Approvals seminar helps you achieve your goals.
From the content of rail approvals:
Introduction to railway approval law
Types of authorization
Applicant
Authorization bodies
Workshop on railway law
Provides background knowledge on national and European railway and procedural law. Advantage for your manager: quick understanding of matters related to railway law in projects and meetings.
From the content of the workshop on railway law:
Introduction to the legal areas of railway law, subject areas and cross-sectional law
System of hierarchy of standards in railway law
Supervision and regulation in the railway sector
Players
Vehicle approval law (EU / national) and liability
The vehicle authorizations have been restructured in the EIGV in accordance with EU law. There are now three types of authorization for the vehicle subsystem in the main railway area that can be issued by the ERA and / or the EBA (German Federal Railway Authority): the authorization for placing vehicles on the market, the vehicle type authorization and the authorization for test drives. Responsible in approval projects, manufacturers / developers, railways / project managers and testing bodies know the procedures in the authorization process, their scope of duties and the liability risks of those involved.
From the content area of vehicle appropval law:
Fundaments of railway law and fundaments of administrative law
Approval of railway vehicles in the 4th Railway Package
Players in vehicle approval
Vehicle Approval Regulation (EU) 2018/545
Railway construction / commissioning authorization infrastructure, energy, CCS
The EIGV 2020 brings together national railway construction law and European commissioning authorization law. Indispensable railway law context for planners, (testing) experts, BVB, BÜB, IBV, construction participants and EIU in the area of responsibility of the EBA.
From the content area railway construction:
Overview EIGV
Authorization procedure infrastructure: EIGV, VV IBG Infra
Basic requirements
Classification of technical standards: from generally accepted engineering standards to harmonized standards
Examination preparation Recognition as EBA Expert / Testing Expert Section 4b AEG
Depending on the level of knowledge and subject area, participants are prepared for the examination as a Recognized Expert of the Federal Railway Authority / Testing expert Section 4b AEG in a face-to-face training course lasting several days.
Overview 4th Railway Package
The technical pillar of the 4th Railway Package has been in effect throughout the EU since 16 June 2020. The participants gain an overview of the reforms of the Interoperability Directive (EU) 2016/797, Railway Safety Directive (EU) 2016/798, Vehicle Approval Regulation (EU) 2018/545, Safety Management Regulation (EU) 2018/762, the Sibe Regulation (EU) 2018/763 and the Agency Regulation (EU) 2016/796.
From the contents area overview 4th Railway Package:
Reforms of guiding principles
Effects and need for adaptation in guiding principles
4th Railway Package and technical pillar
The individual European regulations
Law governing Railway experts
The currently applicable administrative practice and the foreseeable legal form of the Law on Testing Experts under the Railway Testing Experts Ordinance regulate the duties of the recognized experts and the admission requirements of the candidates. Areas of activity and questions of liability are clarified.
From the content area law governing railway experts:
Overview of recognition regulations and previous recognition practice
Appraisers, testers, experts, testing experts
Professional Duties and Liability
Legal nature of the recognition as a testing expert
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"This is how I put benefits from science into practice"
Technical lectures
7th Conference of persons responsible for commissioning DB NETZE, 7 May 2019, Fulda
Liability law for persons responsible for commissioning - EIGV update
TSI 2017, 18th Expert conference on the subject of railway approval, ifv Eisenbahntechnik eV, 30 June 2017, Berlin
Approval of railway vehicles and components using SinaT:
- The procedural-law introduction of proof of safety from other technical areas
Railway seminar at TU Berlin, 2 May 2016, Berlin
The generally accepted engineering standards in railway law - new systems
Association of the Railway Industry in Germany (VDB) eV, 26 April, 2016, Berlin
IBG provision of evidence and approval of components:
-When can safety certificates from other technical areas be used?
10th FORMS / FORMAT 2014, 30 September - 2 October 2014, Braunschweig
Risk Management, Risk Provisioning or Risk Supervision?
-The term "risk" in the revised CSM-CR from the German risk management law perspective
2nd IBV conference DB Netz AG, 22-23 May 2014, Fulda
Commissioning: Liability of the IBV and obligations of the EBA
Braunschweig Traffic Colloquium, 14 November 2013, Braunschweig
Efficient implementation of CSM - revised terms from a technical and legal point of view
SIT - Safety in Transportation 2013, 5 November 2013, IfEV of the TU Braunschweig
Thegenerally accepted engineering standards in railway law - consideration of the definitions since RGSt 44, 76 - judgment of 11.11.1910 and consequences for CSM (Regulations (EC) No. 352/2009 and 402/2013)
safe.tech 2013, 24-25 April 2013, Munich
The recognized rules of technology in railway law
14th annual symposium of railway experts, 14-15 February 2012, Fulda
Preliminary tutorial - A new way of creating the prerequisites for an LST acceptance test tutorial in the context of PRÜF STE 03
"Always on the pulse of the time in railway law - approval law infrastructure / vehicles now in the Nomos comment EIGV."
Publications
Comment on the Ordinance on the Issuing of Commissioning Authorizations for the Railway System (Railway Commissioning Authorization Ordinance - EIGV),
Kunz / Kramer, Eisenbahnrecht, 56th supplementary delivery 2021, A 7.107.
Legal certainty in NO TEN approval procedures and risk decisions
ETR - Eisenbahntechnische Rundschau, 06/18, 38
Approval of railway vehicles and components using SinaT: the procedural-law introduction of safety evidence from other technical areas
ifv Eisenbahnechnik eV, Volume 64, 06/17, 35
The generally accepted engineering standards in railway law - new systems?
DVBl 2017, 417
DC protection test - safety function and liability relevance
eb - Electric Railways, 05/16, 276
Tests by EBA-recognized experts
EI - The Railway Engineer 07/15, 55
The liability of the party responsible for commissioning
EI - The Railway Engineer 02/15, 52
Risk Management, Risk Provisioning or Risk Supervision? - The term "risk" in the revised CSM-CR from the German risk management law perspective
Conference proceedings 10th FORMS / FORMAT 2014
Revision of the CSM-VO: "Regulations" instead of "recognized technology" - Part 1, Part 2
EI - The Railway Engineer 08/13, 67 and 09/13, 48
Path to creation of the prerequisites for an LST acceptance test tutorial
EI - The Railway Engineer 06/12, 6
The individual-abstract regulation of general administrative law
NVwZ 2008, 390
Frequency-usage and telecommunications fee: administration fee or recurring contribution to supervision?
MMR 2007, 159
The collection of preferential charges by the economic supervisory and regulatory authorities - using the example of the RegTP, Federal Network Agency, BaFin and antitrust authorities
Lohmar, Cologne 2006
"Nothing is possible today without continuous training, hence the specialist lawyer course."
Public procurement law
As part of his regular training, Dr Heyle successfully completed the specialist lawyer course for public procurement law in 2019-2020, including the exams required to obtain the title of specialist lawyer. In the future also, regular further training will be guaranteed in order to obtain and subsequently retain the title of specialist lawyer pursuant to Section 15 of the Specialized Lawyer Regulations.
Qualified advice and representation is thus guaranteed beyond the sector in the following areas of public procurement law:
Public procurement EU / national
Planning competitions
Public procurement of architectural and engineering services
Public procurement of construction work
Sector contracts in the transport sector
Franchises
State aid law
Public pricing law
“If out-of-court arbitration works, there are only winners. And outside of mediation / arbitration, which is still rare in Germany and continental Europe, my clients benefit from my training as a recognized mediator* in out-of-court negotiations and forensics. "
Mediation / Arbitration
A legal dispute requires time-consuming and costly pre-judicial and judicial preparation. The specific facts of railborne traffic involve a particular technical and legal complexity, especially since often no precedent decisions are available from a higher court on specific legal questions. If a court decision is only pronounced after several years, this is sometimes disproportionate to the costs of the proceedings and the economic consequences for the business relationship between the parties. Because the basic interests of the contractor and client are also regularly aimed at establishing peace in existing business relationships.
Mediation offers a proven, structured and flexible procedure for binding conflict resolution. Mediation is a complex conflict resolution process for which the mediator requires qualified training. In contrast to my work as a lawyer, I can use mediation to enable the conflicting parties to seek amicable solutions and establish peace for the future as well as interest-based solutions for party conflicts and business relationships. My knowledge of the law and my understanding of the railway sector are also an advantage in the context of mediation. As a mediator I am non-partisan and offer the possibility of a quick, competent and mediating solution to legal conflicts.
* Recognized training in accordance with Section 6 MediationsG in conjunction with the ZMediatAusbV to qualify as a mediator at the Förderverein für Mediation im öffentlichen Bereich (Koblenz) (sponsoring association for mediation in the public sector) in the years 2013 - 2014
Railway law EU / national
Business law
Public procurement law
Administrative law
Contract law
Construction law
Product liability and product safety law
Compensation law
"Video conferences are now standard procedure - simply visit the law firm online."
Conference room 5.0
Video conference room
Technik-Netzwerk.de
Server system in a German computing center
GDPR-compliant and based on high security standards
"Quality management in the law firm: for my clients and for me."
Certifications
Certification DIN ISO 9001-2015
Certification by TÜV SÜD Management Service GmbH
The certification body of TÜV SÜD Management Service GmbH last certified on 19 March 2021 that the law firm Dr Fabian Heyle has introduced and uses a quality management system. The internal company processes, the entire office organization and the office management comply with the international standard for quality assurance ISO 9001-2015 and guarantee efficient and structured processing of assignments. The quality management system introduced has also been used to further develop own potential. Certain procedures and processes within the law firm are recurrent and have been optimized as part of the certification pursuant to DIN ISO 9001-2015.
Maximum efficiency through defined and clearly structured work processes
Maximum possible elimination of sources of error through tried and tested processes
Quick access to relevant data, improved ability to provide information
Rapid processing of inquiries through optimized data management
"Competent and well connected - only strong together."
Memberships
www.ifv-bahntechnik.de
www.rak-brb.de www.vdei.de
"Railway law in practice!"
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