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Regulation on the cost of measures under the rail crossing law

Original Language Title: Verordnung über die Kosten von Maßnahmen nach dem Eisenbahnkreuzungsgesetz

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Regulation on the cost of measures under the Law on the Cross of Rail (1). Rail crossing Regulation-1. EKrV)

Unofficial table of contents

1. EKrV

Date of completion: 02.09.1964

Full quote:

" 1. Rail crossing ordinance of 2 September 1964 (BGBl. 711), as defined by Article 1 of the Regulation of 11 February 1983 (BGBl). 85) has been amended "

Status: Amended by Art. 1 V v. 11.2.1983 I 85

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1. 3.1983 + + +) Unofficial table of contents

Input formula

On the basis of Section 16 (1) No. 1 of the Law on the Cross of Railways of 14 August 1963 (Bundesgesetzbl. 681) shall be assigned with the consent of the Federal Council: Unofficial table of contents

§ 1 Scope of the cost mass

(1) The cost mass in the manufacture of a new crossing (§ 2 of the law) or in the case of measures at existing cross-sections (§ 3 of the law) includes the expenses for all measures in the crossing traffic routes, taking into account of the recognized rules of technology are necessary to ensure that the crossing meets the requirements of safety and the handling of traffic. (2) The costs for the cost mass also include:
1.
those measures which are necessary to take account of the foreseeable development of traffic on the crossing routes;
2.
those measures which are required as a result of the manufacture of a new crossing or a measure in accordance with Article 3 of the Law on installations which do not form part of the crossing traffic routes of the parties concerned;
3.
the compensation for damage incurred in carrying out a measure to the parties or third parties, unless the damage is caused by intent or gross negligence on the part of a person concerned or of his staff.
(3) If a crossing is moved or eliminated by changing the route of a party's traffic route, although a measure under § 3 of the law with lower costs would be possible in accordance with the traffic law at the previous crossing point, the Cost mass is limited to the amount of these costs. Unofficial table of contents

§ 2 Composition of the cost mass

The cost mass shall be composed of
1.
Basic labour costs,
2.
construction costs,
3.
Administrative costs.
Unofficial table of contents

§ 3 Grunderwerbskosten

(1) The cost of the basic value shall be:
1.
all expenses relating to the acquisition of land or rights;
2.
Compensation for the impairment losses caused by the crossing of foreign land.
(2) The value of the basic labour costs is to be attributed to the traffic value of the land already owned by the parties or their rights, insofar as they are not part of the transport path of the property subject to the duty to pay duty under § 4 of the Act. (3) The proceeds from the Disposal or the value of the traffic value of the land which is not or no longer required for the crossing shall be deducted from the cost of the basic value. Unofficial table of contents

§ 4 Construction costs

(1) Construction costs shall include in particular:
1.
the expenses for the release of the construction site, compensation for damage to the area of property and property, earthworks, building investigations, bodenkundliche and scenic advice, models, drainage, substructure, roadway or track, building materials investigations, Road and rail signs and facilities, lighting equipment, planting, disposal of installations not required, demolition of buildings, and expenditure on work trains, equipment, lifting equipment, auxiliary bridges, transport costs, security posts, maintenance of transport and transport;
2.
Transfers also include ramps, structures, smoke and contact guards, electrical insulation, protective grounding, shackles;
3.
In addition, at railway crossings the costs of barriers, flashing lights with and without half-barriers, leanings, telecommunication systems, train signalling systems, sight areas, railway heating service buildings.
(2) If a participant carries out work himself, he may charge as a construction cost.
1.
Wages and salaries, with a surcharge of 100 of the hundred and salaries of officials with a surcharge of 120 of the hundred; the calculation of wages, allowances and salaries may be based on average rates;
2.
for the use of larger appliances, the costs to be calculated in accordance with business principles; the position of tools and small appliances shall be covered by the surcharges referred to in point 1.
(3) In the case of a party to the market, it may, as a construction cost, charge the material costs in accordance with the market price with a surcharge of:
1.
15 of the hundred when he takes the substances out of his camp;
2.
5 of the hundred, if it procures the substances directly.
(4) Transport services provided with own means of transport are to be deducted according to the cost of self-expenses. Where there are fares in rail transport, these are to be applied. (5) The proceeds from the recovery or the value of the installations of the crossing which are no longer required shall be deducted from the construction costs. Unofficial table of contents

§ 5 Administrative costs

Each participant can charge an administrative cost of 10 per cent of the cost of the basic labour and construction costs he has spent. In particular, the expenses for preliminary work, preliminary drafts, the processing of the construction project, the examination of the static calculations, the allocation of the construction work, the local construction supervision (construction supervision), construction management (construction), the position of test and measuring instruments, measuring vehicles, auxiliary vehicles for construction supervision and construction management and vehicles for the test load, as well as other administrative activities, including the billing and cash-in service. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force with effect from 1 January 1964. Unofficial table of contents

Final formula

The Federal Minister for Transport