Law On Intersections Of Railways And Roads

Original Language Title: Gesetz über Kreuzungen von Eisenbahnen und Straßen

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Law on intersections of railways and roads (railway crossing Act) EBKrG Ausfertigung date: 14.08.1963 full quotation: "railway crossing act as amended by the notice of March 21, 1971 (BGBl. I S. 337), most recently by article 281 of the Decree of October 31, 2006 (BGBl. I S. 2407) is changed" stand: Neugefasst by BEK. v. 21.3.1971 I 337, last amended by article 281 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 16.4.1971 +++) (+++ no longer apply requirements as a result of the EinigVtr accordance with article 109 No. 5 2(2)(a) G v. 8.12.2010 I 1864 mWv 15.12.2010 +++) § 1 (1) this Act applies to crossings of railways and roads.
(2) crossings are either level (crossings) or not höhengleich (overpasses).
(3) railways in the meaning of this law are the railways, which serve the public transport and the railways, which are not public transport, when the resources on railways of public transport can pass (sidings), and also that the sidings equals railways.
(4) streets in the meaning of this law are the roads, paths and squares.
(5) trams, which are not a public road in the transport area, be treated if they cross railways, such as roads, if they cross streets, such as railways.
(6) participating at an intersection are the company that bears the Baulast of intersecting railway Schienenwegs, and the institution of Baulast of the intersecting road.

New crossings of railways and roads that are suitable and intended according to the nature of their road record a general motor vehicle traffic, are article 2 (1) as to make overpasses.
(2) in some cases, particularly for low traffic, the issuing authority may allow exceptions. This can be arranged, what security measures at the crossing are at least.
(3) a crossroads within the meaning of paragraph 1 is new, if one of the two routes or both roads are newly created.

§ 3 if and so far as it requires the security or the settlement of transactions, taking into account the prudent development of transport, are in accordance with the agreement of the parties (§ 5) or the arrangement in the crossing process (articles 6 and 7) junctions 1 to eliminate or 2. through construction measures, which reduce the traffic on the crossing to relieve or 3rd through the construction of overpasses, through the establishment of technical backup , in particular by light signals, through the production of visible surfaces at rail crossings, which are not technically secured or in any other way or barriers to change.

§ 4 (1) requires a crossing the lines of a to build new road or railway, so the other party has to tolerate the new crossing system. His traffic and operational concerns are adequately taken into account.
(2) a crossing facility by means of action is pursuant to section 3 to change, so the parties have to tolerate the change. Their traffic and operational concerns are adequately taken into account.

The parties to strike a deal to § 5 (1) type, scope and implementation of an operation that performs according to § 2 or § 3 as well as the distribution of the costs. The parties stipulate that federal or country contribute in accordance with section 13 para 1 sentence 2 to the cost, without crossing a road construction to be involved, the agreement requires as far as approval. The federal approval granted to the Federal Ministry of transport, building and urban development, for the country the authority determined by the provincial government. The approval can be omitted in cases of less financial importance.
(2) an agreement referred to in paragraph 1 need not, if a party or a third party agrees to bear the cost of the modification or elimination of a level crossing, pursuant to section 3 by way of derogation from the provisions of this act alone and a plan approval procedure is carried out for the measure.

§ 6 is reached an agreement, so any interested person may apply for an injunction in the crossing process.

§ 7 which arrangement authority may initiate the crossing process even without request, if the security or the settlement of transactions requires a measure. She may require that the involved plans for measures put forward according to § 3.

Article 8 (1) If a rail of a railway of the Federation is involved at the intersection, decides the Ministry as the issuing authority for transport, building and urban development in consultation with the authority given by the State Government.
(2) in other cases, the authority of certain by the provincial Government decides as the issuing authority.

Article 9 - Article 10 (1) a measure is arranged according to § 2 or § 3, to decide the type and scope of the measure, the duty of tolerance and the legal relations of the parties and the bearing of costs.
(2) the parties are obliged to provide any information required for the decision of the issuing authority.
(3) a measure that requires the safety of traffic, is delayed, so can nature, scope and implementation as well as the duty of tolerance advance decided to be.
(4) the stakeholders about the undertaken measures are agreed or the measure is already done, so can be decided at the request of over expenses borne.
(5) about differences of opinion between the parties, whether a public road is suitable and intended according to the nature of their roadway, take a general motor vehicle traffic, the issuing authority for the preparation of an agreement or an arrangement at the request of one of the parties can decide.
(6) the decision is to provide reasons and to make to the parties.

Section 11 (1) is made to a new intersection, so the party, whose new Moreover, road has to bear the cost of the junction system. Among them are also the costs of the necessary crossing the new changes of the other transport route.
(2), where a railway and a road at the same time created, so the parties have to bear the costs of the crossing facility to half.

§ 12 performed a measure in a transfer pursuant to section 3, the resulting costs 1 be the participating to the load, which requires the change or she would have need to require in the case of an order; Benefits that adult stakeholders through the change, are to compensate for (benefit sharing);
2. both parties to the load, if both require the amendment or in the case of an arrangement would need to ask, and would indeed in the ratio in which the cost of separate implementation of the change to each other are. Number is 1 sentence 2 apply mutatis mutandis.

§ 13 (1) is performed on a level crossing a measure pursuant to section 3, so the parties take based on one third of the cost. The last third of the costs the country contributes intersections with a rail of a railway of the Federation of the Federal Government, in all other cases.
(2) is to relieve traffic, a railroad crossing without whose change a construction project carried out no. 2 according to § 3, by which an otherwise necessary change of the level crossing do not so only the costs that would arise when the saved change costs include pursuant to paragraph 1. The remaining costs borne by one party alone, the construction work is carried out on the road.

Section 14 (1) that the railway entrepreneur, as far as they are installations at intersections, as far as they are railroad, road systems, to get the carrier of the burden of road construction at his own expense and to keep level crossings in operation. The conservation includes the ongoing maintenance and renewal. Operating costs are the locally generated personal and actual expenses.
(2) at level crossings 1 to the railroad limited serving crossing units, both railway and road transport through a distance of 2.25 m, inclined at trams of 1.00 m from the outer rail and parallel to it, also the barriers, railway signs serving Warnkreuze (crossing) and flashing lights, as well as other backup of intersecting transport and facilities, 2nd to the road systems include the visible surfaces , the warning signs and marker boards (beacon) as well as other serving the assurance of intersecting traffic road signs and facilities.
(3) Eisenbahnüberführungen and protection earthing systems belong to the railroad, flyover road facilities.
Footnote § 14 ABS. 1 & 2: Compatible with the GG, BVerfGE v. 13.11.1974; In 1975 I 228-1 BvL is 27/73 - Article 14a (1) indented in the street or constantly set the operation of the railway, so the parties remain so far as obliged to get the crossing equipment to the extent and to keep, as it requires the security or the settlement of transactions on the permanent road. A mode authorized by the rules of the railway law not considered permanently within the meaning of that provision, if it is connected with the obligation to further provide of the equipment. The confiscation of the street or the permanent setting of the operation of the railway is immediately to inform the other parties.
(2) the conservation subject in the time of confiscation or continuous mode party or his successor in title has crossing plants to eliminate, as far as and as soon as it requires the security or the settlement of transactions on the permanent road. The costs have to wear those involved according to the half. The construction of the Permanent way of transport costs for measures which are also meeting for the permanent traffic route. The parties have measures to tolerate.
(3) crossroads systems are removed, the obligations of evading participants from paragraph 1 (4) which has softening involved will cease the permanent party at whose request his ownership of such land, which have been used previously by the permanent participants that are required for the improvement of the permanent traffic route, to transfer all rights and obligations. For the transfer of ownership, a reasonable compensation in money is to grant, where the market value of the property is to be based.

Section 15 (1) is made to a new intersection, so the party, whose new Moreover, road has in the case of § 11 para 1 to reimburse the other involved the thereby caused maintenance and operating costs. In the case of article 11, paragraph 2 each participant has its maintenance and operating costs without compensation.
(2) in a transfer of a measure carried out according to § 3, so the party who according to § 12 requires the measure no. 1 or 2 or in the case of an arrangement she has must demand, reimburse the costs of maintaining this caused the other parties.
(3) is on a level crossing a measure carried out according to § 3, so everyone involved has its modified maintenance and operating costs without compensation.
(4) in the cases of paragraph 1 sentence 1 and paragraph 2 is the conservation and working load to settle at the request of one of the parties.

With the consent of the Federal Council enacted section 16 (1) which can Federal Ministry for transport, building and urban development right through the 1 the amount of the costs according to the sections 11, 12 and 13 will be determined closer and administrative costs flat rate provided;
2. determined No. 2, are calculated as the separate implementation of measures according to § 12 costs using empirical values for the construction costs in a simplified form;
3. the calculation and the payment of replacement amounts pursuant to § 15 para 4 closer determined as well as this, a procedure for the amicable settlement of disputes be set, 4. new plants are collected, not by § 14 para 2 determines, whether the railway or the road systems are.
(2) General administrative provisions shall be adopted by the Federal Ministry of transport, building and urban development with the consent of the Federal Council.

Section 17 to promote the Elimination of level crossings and for other measures under paragraphs 2 and 3 to make the parties grants to the issuing authority.

Article 18 the supervisory authorities have to ensure the implementation of the arrangement under this Act.

19 (1) previous agreements, which equals railways relating to intersections between roads, trams, sidings and the sidings, shall continue to apply section.
(2) the previous charges for conservation measures, that upon entry into force of the railway realignment law of 27 December 1993 (Federal Law Gazette I p. 2378) already in the execution included, remains.
(3) where by virtue of article 6 para. 106 has gone no. 4 of the railway realignment Act the burden of conservation for an overpass on the road construction, the railway contractor for it has to stand up, that he has properly get the flyover to the extent provided by the traffic importance and carried out the necessary land acquisition. A conversation conducted according to its rules of the flyover is considered to be proper condition up to the time of the legal transition of Baulast.

Article 20 - paragraph 21 this Act into force on January 1, 1964.