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Due to the liberalization of the Dutch railroads and the pursuit of a single European Railway Area, many parties are struggling with railroad law issues. As an independent legal service provider in the railroad sector, LegalRail assists both profit and non-profit organizations in projects where knowledge of railroad law and the railroad industry matter. An interview with mr. dr. Viola Sütö of LegalRail, the only law firm in the Netherlands that specializes entirely in railroad law.
LegalRail provides all legal services in the field of rail transportation. This covers a diverse area, from requirements for rail vehicles and rail companies, to infrastructure design and training of railroad personnel. The industry is developing rapidly. Until around 2000 there was one rail operator in the Netherlands. Now there are about forty railroad undertakings operating on the Dutch network: passenger carriers, freight carriers and railroad contractors.
While track maintenance was traditionally done by a division of NS, that market too has now been broken open, and several track contractors and workplace safety companies have "emerged.
"Entry comes with many legal issues, in part because you can't just 'hit the road' with trains like you can with cars," Sütö says. "Rail parties, including governments,
are faced with all kinds of laws and regulations and (contractual) obligations. Railroad law is an essential part of this and, for many parties, a distant concept. This is where we provide them with advice and assistance."
Not only railroad companies, also railroad equipment must be "admitted". With the opening of the European rail market, the basic assumption is that this equipment is compatible, i.e. can cross borders without complexities. "There are many legal issues surrounding this," Sütö knows. "Parts have to be inspected, certified, there has to be an EU declaration and a permit. Licensing has recently been regulated at the European level by the European Union Agency for Railways (ERA). We guide companies through the whole set of authorization requirements." LegalRail's large network in the rail sector is a plus in this regard: the law firm offers a smooth entrance to the right people and authorities if necessary.
LegalRail also assists companies in drafting (international) rail contracts and in contract negotiations. Sütö: "At the moment, when the world is hit by the corona crisis, there are many compliance issues at play: may a timetable be curtailed, can cancellation arrangements be invoked, can a maintenance deadline be exceeded penalty-free?" LegalRail advises its clients on these matters.
Within railroad law, liability issues are a part of their own. LegalRail is involved in the handling of various damage claims within Europe. "These may involve smaller incidents, such as the opening of a switch, but also major accidents. One grim example is Stavoren, where a gauge train drove through a buffer yoke at night. It is important that these cases are also dealt with properly from the outset from a legal perspective," Sütö said.
LegalRail's advocacy work is enhanced by scholarly publications. For example, Sütö has written the 900-page Handbook of Railway Law with two other railroad lawyers, and LegalRail participates at the international level in Rail Transport, a publication that provided an introduction to railroad law from twelve countries around the world.
