Law on intersections of railways and roads (railway crossing law)

Unofficial table of contents

EBKrG

Date of completion: 14.08.1963

Full quote:

" Rail crossing law as amended by the Notice of 21 March 1971 (BGBl. 337), as last amended by Article 281 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status:	New by Bek. v. 21.3.1971 I 337,
	Last amended by Art. 281 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 16.4.1971 + + +) 
  
(+ + + Do not use the measures due to the EinigVtr in accordance with the provisions of this Regulation).  Art. 109 
No. 5 Buchst. a G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +) 

  

Unofficial table of contents

§ 1

(1) This law applies to intersections of railways and roads. (2) Crossings are either cave-like (level crossings) or non-hikes (transfers). (3) Railways within the meaning of this Act are the railroads that are used for public transport , as well as the railways, which are not used for public transport, if the means of operation can be transferred to the railways of public transport (connecting trains), and also the railways on the same lines. (4) Roads in the The meaning of this law is the public roads, roads and squares. (5) Trams that do not lie in the traffic area of a public road will, if they cross railroads, like roads, if they cross roads, how railways are treated. (6) Participants at a crossroads are the company that is the building load of the The rail route of the crossing railway carries, and the carrier of the building load of the crossing road. Unofficial table of contents

§ 2

(1) New intersections of railways and roads which are suitable for the nature of their roadway and intended to take up a general road transport are to be produced as transfers. (2) In individual cases, in particular weak traffic, the issuing authority may allow exceptions. In this case, it is possible to arrange which precautionary measures are to be taken at least at the crossing. (3) An intersection within the meaning of paragraph 1 is new if one of the two traffic routes or both traffic routes are newly laid out. Unofficial table of contents

§ 3

If and to the extent that it requires the security or the handling of the traffic taking into account the foreseeable traffic development, the parties (§ 5) or the order in the cross-law procedure (§ § 6 and 7) shall be subject to the agreement of the parties. Crossing

1.

, or

2.

by building measures which reduce traffic at the crossing, or

3.

by the construction of transfers, by the establishment of technical fuses, in particular by barriers or light signals, by the production of sight surfaces at railway crossings which are not technically secured or otherwise.

Unofficial table of contents

§ 4

(1) Requects the route of a new road or railway to a crossroads, so the other party has to tolerate the new cross-plant. Its traffic and operational concerns must be taken into account appropriately. (2) If a cross-system is to be changed by means of a measure according to § 3, the parties concerned have to tolerate the change. Their traffic and operational concerns must be taken into account appropriately. Unofficial table of contents

§ 5

(1) On the nature, scope and implementation of a measure to be carried out in accordance with § 2 or § 3 as well as on the distribution of the costs, the parties shall reach an agreement. If the parties provide that the Federal Government or the Land contribute to the costs in accordance with the second sentence of Article 13 (1), without being involved in the crossing as a road-building load carrier, the agreement shall be subject to the approval in this respect. The Federal Ministry of Transport, Building and Urban Development, the Federal Ministry of Transport, Building and Urban Development, granted the Federal Government the authority designated by the Land Government. In cases of minor financial importance, authorisation may be waived. (2) An agreement under paragraph 1 shall not be required if a party or a third party agrees to the costs of the modification or disposal of a By way of derogation from the provisions of this law, the transfer of the railway in accordance with § 3 shall be carried out on its own, and a plan determination procedure shall be carried out for the measure. Unofficial table of contents

§ 6

If an agreement is not reached, each party may request an order in the cross-country legal proceedings. Unofficial table of contents

§ 7

The issuing authority may also initiate the cross-settlement procedure without a request if the security or the handling of the traffic requires a measure. It may require the parties to submit plans for measures pursuant to § 3. Unofficial table of contents

§ 8

(1) If a railway line of a federal railway is involved at the crossing, the Federal Ministry of Transport, Building and Urban Development shall act as the issuing authority in consultation with the authority designated by the Land Government. (2) In other cases shall decide, as the issuing authority, the authority designated by the Land Government. Unofficial table of contents

§ 9

- Unofficial table of contents

§ 10

(1) If a measure is arranged according to § 2 or § 3, the nature and scope of the measure, the duty to be compulsory and the legal relationships of the parties and the cost allocation shall be decided upon. (2) The parties are obliged to: (3) If a measure requiring the safety of transport is to be inexorable, it may be decided in advance on the nature, scope and implementation of the measure and on the duty to be paid. (4) If the parties agree on the action to be taken or is the In the case of a measure already carried out, the decision may be taken at the request of the cost support. (5) Differences of opinion exist between the parties as to whether a public road is suitable for the nature of its road surface and for that purpose. , the issuing authority may decide, at the request of one of the parties concerned, for the preparation of an agreement or an order to be taken by the issuing authority. (6) The decision shall be reasoned and to the parties concerned. Unofficial table of contents

§ 11

(1) If a new crossing is established, the participant whose transport route is newly added shall bear the costs of the cross-plant. They also include the costs of the changes required by the new crossing of the other traffic route. (2) If a railway and a road are newly created at the same time, the parties involved have to pay half the costs of the intercourse. . Unofficial table of contents

§ 12

Where a transfer is carried out in accordance with § 3, the resulting costs shall be:

1.

the burden of the person involved in the amendment or in the event of an order; advantages which the other party has received from the change must be compensated for (benefit sharing);

2.

both parties, if both requested the amendment or had to require them in the event of an order, in the ratio where the costs would be the separate implementation of the amendment. The second sentence of paragraph 1 shall apply accordingly.

Unofficial table of contents

§ 13

(1) If a measure according to § 3 is carried out at a railway crossing, the parties shall bear one third of the costs each. The last third of the costs is borne by a railway of the Federal Government, in all other cases the country. (2) A construction measure pursuant to § 3 No. Where a change in the level of the railway crossing is not necessary, the costs referred to in paragraph 1 shall be borne by the costs incurred in the event of a savings being made. The remaining costs shall be borne solely by the person involved in the road transport operation of which the construction measure is carried out. Unofficial table of contents

§ 14

(1) The installations at intersections, where they are railway installations, shall, in so far as they are road installations, be kept at the expense of the carrier of the road construction load and, in the case of railway crossings, also to be kept in operation. The maintenance includes ongoing entertainment and renewal. Operating costs are the locally generated personal and material expenses. (2) At railway crossings belong

1.

to railway installations, the cross-section of the crossing, which is used both for rail and road transport, limited by a distance of 2.25 metres, on trams of 1.00 m each from the outer rail and parallel to it, and the other barriers, warning crosses (Andreascrosses) and flashing lights, as well as other railway signs and facilities serving to secure the crossing of traffic;

2.

Road installations, the visible areas, the warning signs and signs (beacons) and other road signs and facilities which are used to secure the crossing of traffic.

(3) Rail crossings and protection facilities are part of the railway lines, road transfers to the road installations.

Footnote

Section 14 (1) and 2: compatible with the GG, BVerfGE v. 13.11.1974; 1975 I 228-1 BvL 27/73- Unofficial table of contents

§ 14a

(1) If the road is withdrawn or the operation of the railway is permanently stopped, the parties concerned shall remain obliged, as before, to maintain and keep the intersections in operation, such as the security or settlement of the railway system. Traffic is required on the permanent road. An operating position approved in accordance with the provisions of the railway law shall not be deemed to be permanent within the meaning of this provision if it is connected with the obligation to maintain the equipment further. The confiscation of the road or the permanent cessation of the operation of the railway shall be notified without delay to the other party concerned. (2) The person concerned, or his or her party, liable to be held at the time of recruitment or permanent establishment Legal successor has to eliminate intersections, as far as and as soon as it requires the security or handling of the traffic on the permanent traffic route. The costs for this have to be borne by the parties concerned. The cost of measures to be taken in addition to the remaining transport path shall be borne by the building load carrier of the permanent traffic route. The parties concerned shall tolerate the measures. (3) Insofar as cross-installations have been eliminated, the obligations of the soft party shall expire from paragraph 1. (4) The softening party shall have his ownership of the permanent participant at his request. of such land, which has been used by the person who has remained, or which is needed for the improvement of the permanent traffic route, with all rights and obligations. The transfer of ownership shall be subject to appropriate compensation in cash, the transport value of which shall be based on the land. Unofficial table of contents

§ 15

(1) If a new crossing is established, in the case of section 11 (1) of the party concerned, whose transport route is new, the resulting maintenance and operating costs shall be reimbursed to the other party concerned. In the case of section 11 (2), each party has to bear his maintenance and operating costs without compensation. (2) If a transfer is carried out in accordance with § 3, the party who requires the measure pursuant to § 12 (1) or (2) shall have the right to do so. in the case of an order, it should have been requested to reimburse the other party concerned with the maintenance costs caused by this. (3) If a measure is carried out at a railway crossing in accordance with § 3, each participant shall have changed his conservation and (4) In the cases referred to in the first sentence of paragraph 1 and in the case of the Paragraph 2 shall, at the request of a person concerned, replace the maintenance and operating burden. Unofficial table of contents

§ 16

(1) The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, adopt legal regulations to

1.

the amount of the costs shall be determined in more detail in accordance with § § 11, 12 and 13 and flat-rate amounts shall be fixed for the administrative costs;

2.

determine how the costs incurred in the case of separate implementation of the measures referred to in Article 12 (2) will be determined in a simplified form, using experience values for the construction costs;

3.

determine the calculation and payment of redemption amounts in accordance with section 15 (4), as well as a procedure for the amicable settlement of disputes,

4.

in the case of new installations not covered by Article 14 (2), whether they belong to the rail or road installations.

(2) General administrative provisions shall be adopted by the Federal Ministry of Transport, Building and Urban Development with the consent of the Federal Council. Unofficial table of contents

§ 17

In order to promote the elimination of railway crossings and other measures in accordance with § § 2 and 3, the issuing authority shall grant the parties a grant to the parties concerned. Unofficial table of contents

§ 18

The supervisory authorities shall ensure the implementation of the order under this Act. Unofficial table of contents

§ 19

(1) Previous agreements relating to intersections between roads and trams, connecting trains and railways of equal status shall apply. (2) The previous cost regime for conservation measures, which shall apply to Entry into force of the Law on Railway Reorder of 27 December 1993 (BGBl. (3) Where, pursuant to Article 6 (106) (4) of the Law on the Law of the Railways, the maintenance burden for a road transfer has been transferred to the road-building load carrier, the following: Railway undertakings shall be responsible for ensuring that they have properly received the road transfer in the extent required by the traffic significance and have carried out the necessary basic acquisition. As a proper conservation status, a maintenance of the road transfer carried out in accordance with its regulations shall apply until the time of the legal transition of the building load. Unofficial table of contents

§ 20

- Unofficial table of contents

Section 21

This Act shall enter into force on 1 January 1964.