Specialist lawyer for traffic law
The specialist lawyer for traffic law was introduced by the constitutional assembly of the Federal Bar Association (BRAK). Lawyers can acquire this title if they can prove relevant specialist knowledge in accordance with Section 14d of the Specialist Lawyers Act (FAO) (usually by successfully completing a so-called specialist lawyer course) and a minimum number of cases actually processed in accordance with Section 5 (1) (k) FAO can. 160 cases have to be dealt with, of which at least 60 are judicial proceedings. The cases must relate to at least three areas of the following areas mentioned from 1. to 4., of which at least 5 cases in each of these areas.
According to § 14 d of the Fachanwaltsordnung (FAO) special knowledge in traffic law in the following areas must be proven:
- 1. Civil traffic law , in particular traffic liability law (according to the German Civil Code and Road Traffic Act, including social law benefits, for example in the case of commuting accidents and in labor law for recourse by the employer in the event of accidents caused by gross negligence) and traffic contract law (for example sales law, vehicle repairs and maintenance and the rental and leasing law of vehicles),
- 2. Insurance Law , in particular the right of the motor insurance , the insurance and principles of the personal insurance (including the interaction with the public social security, for example invalidity consequences and the right to Unfallrente from the accident insurance at a MdE of at least 20%),
- 3. Traffic criminal and administrative offense law (especially with regard to the catalog of fines and the register of fitness to drive , but also national and European regulations on passenger transport law ),
- 4. the traffic administration law , which is mainly based on the law of the driving license (in particular also the European legal references to the driving license law), but for example also from the road traffic licensing law ( vehicle licensing regulation , road traffic licensing regulation ) and traffic-specific environmental law ( regulation on the marking of vehicles with a small contribution to pollution ) exists,
- 5. Special features of the conduct of proceedings and litigation (such as the direct claim against the insurer from the compulsory insurance law and the special statute of limitations and forfeiture provisions).
Interest groups
Specialist lawyers for traffic law are often members of the working group traffic law of the DAV (German Lawyers Association). Another, albeit smaller, association is the Association of German Traffic Law Lawyers (VdVKA).
statistics
As of January 1, 2018, 3,987 specialist lawyers for traffic law were licensed in Germany. The number rose to 4116 specialist lawyers on January 1, 2019.
literature
- Matthias Kilian and Alexandra von Albedyll, "Specialists for Traffic Law", research reports of the Soldan Institute for Lawyer Management, Volume 11, Deutscher Anwalt Verlag, Bonn 2013, ISBN 978-3-8240-5416-9
Individual evidence
- ↑ Federal Bar Association , Statistics (PDF)
