Regulation On The Cost Of Measures Taken After The Railway Crossing Act

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

Read the untranslated law here: http://www.gesetze-im-internet.de/ekrv_1/BJNR007110964.html

Regulation on the cost of measures taken after the railway crossing Act (1 railway crossing Ordinance - 1 EKrV) 1 EKrV Ausfertigung date: 02.09.1964 full quotation: "1 railway crossing regulation of 2 September 1964 (BGBl. I p. 711), by article 1 of the Decree of February 11, 1983 (BGBl. I p. 85) has been changed" stand: amended by art. 1 V v. 11.2.1983 I 85 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1 3.1983 +++) input formula on the basis of § 16 para 1 No. 1 of the railway crossing Act of August 14, 1963 (Bundesgesetzbl. I p. 681) is prescribed with the consent of the Bundesrat: § 1 scope of Kostenmasse (1) Kostenmasse in the production of a new crossing (section 2 of the Act) or measures to existing crossings (section 3 of the Act) includes the costs of all measures at the intersecting roads, that are necessary to enable the crossing meets the requirements of the safety and the operation of transport services, taking into account the recognised rules of technology.
(2) to the Kostenmasse, also the expenses for 1 include those actions that are necessary to take into account the prudent development of traffic on the intersecting roads, 2. those measures which may be necessary as a result of the production of a new crossing or a measure pursuant to section 3 of the Act on systems that do not belong to the intersecting roads of those involved, 3 are the compensation of damages which arose the parties or third parties in the implementation of a measure , except that the damage is based on intent or gross negligence of one of the parties or its staff.
(3) If a crossing by changing the lines of the traffic path of an involved moved or removed, although at the previous crossing point a measure could meet traffic according to § 3 of the law at a lower cost, the Kostenmasse on the amount of these costs is limited.

Article 2 composition of the Kostenmasse the Kostenmasse composed of 1 land acquisition costs, 2. construction costs, 3. administrative costs.

§ 3 acquisition of real estate costs (1) land acquisition costs include 1 all expenses in connection with the acquisition of land or rights, 2. compensation for the crossing of the conditional value reductions in foreign land.
(2) attributable to the land acquisition costs the market value is not they who already owned by the parties involved the land or their rights, as far as to the route of the are according to § 4 of the law of Duldungspflichtigen.
(3) the proceeds from the sale or the market value is for the crossing not or no longer needed land to deduct from the cost of land acquisition.

§ 4 construction costs (1) include the construction cost 1 expenses for freeing of the construction site, compensation for damage, and floor - Erdbau, ground investigations, soil and landscape advice, models, drainage, substructure, road or tracks, building material research, overhead contact line, retaining walls, crash barriers, road and railway sign and facilities, lighting equipment, planting, removal no longer needed equipment, demolition of buildings and expenditures for work trains, equipment, lifting equipment, help bridges, transport costs, backup items , Maintenance of traffic and traffic diversions.
2. on overpasses in addition, expenses for ramps, buildings, smoke and touch protection facilities, electrical insulation, earthing, guard;
3. at level crossings in addition, expenses for barriers, flashing light systems with and without Halbschranken, bells, telecommunication equipment, train before alarms, visible surfaces, Flagman-Service building.
(2) carries out an actor work itself, so he can as construction costs 1 wages and employee compensation with a supplement of 100 per cent to salaries of civil servants with a supplement of 120 per cent; Average rates may be used in the calculation of the salaries, allowances and emoluments;
2. for use on larger devices according to economic principles to calculated costs; the position of tools and small equipment is compensated with the surcharges referred to in point 1.
(3) a party procured materials themselves, so he can as construction costs the cost of the fabric will based on the market prices with a supplement of 1 15 per cent if he removes the materials from his camp.
2. 5 per cent, if he procured the materials immediately.
(4) transport services supplied with own means of transport are to be settled according to the cost. Where rail tariffs exist, these are to be applied.
(5) the proceeds from the exploitation or the value of unneeded equipment crossing is to deduct from the cost of construction.

§ 5 administrative costs every interested person may file administrative costs in the amount of 10 per cent of land acquisition costs incurred by him and construction costs. Hereby the costs of preparatory work, drafts, editing award-tire construction design, testing of static calculations, the procurement of construction work, construction supervision (supervision), construction (building control), also position of testing and measuring instruments, measuring vehicles, aid vehicles for construction supervision are particularly satisfied and construction management and vehicles for the test load and other administrative tasks including billing and checkout service.

§ 6 entry into force this Regulation shall into force with effect from January 1, 1964.

Concluding formula of the Federal Minister of transport