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 (railroad crossing law)

Non-official table of contents

EBKrG

Date of departure: 14.08.1963

Full quote:

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

:Recaught by Bek. v. 21.3.1971 I 337,
last modified by Art. 281 V v. 31.10.2006 I 2407

See Notes

Footnote

(+ + + Text credits: 16.4.1971 + + +)


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No more to be used due to the EinigVtr in accordance with the provisions of the agreement. Art 109
No. 5 Buchst. a G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)

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§ 1

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

§ 2

(1) New intersections of railroads and roads that are suitable for and to do so according to the nature of their lane are intended to take up a general vehicle traffic, are to be produced as overpasses.(2) In individual cases, in particular in the case of low traffic, the issuing authority may allow exceptions. In this case, it is possible to arrange which safety measures at the intersection are at least to be met.(3) A crossing within the meaning of paragraph 1 shall be new if one of the two transport routes or both transport routes are newly created. Unofficial table of contents

§ 3

If and to the extent that it is the security or the handling of the traffic, taking into account the oversight Traffic development requires, in accordance with the agreement of the parties (§ 5) or the order in the cross-country legal proceedings (§ § 6 and 7) intersections,
1.
to eliminate or
2.
to relieve traffic at the crossroads or
3.
by the construction of overpasses, by the establishment of technical fuses, in particular of barriers or light signals, by the manufacture of Visible surfaces at level crossings, which are not technically secured, or otherwise.
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§ 4

(1) If the route of a newly built road or railway requires a crossing, 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-installation is to be amended by means of a measure according to § 3, the parties concerned shall tolerate the change. Their traffic and operational concerns must be taken into account appropriately. Non-official 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 the distribution of the Costs are to be agreed upon by the parties. 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 low financial importance, authorisation may be waived.(2) An agreement as referred to in paragraph 1 shall not be required if a party or a third party agrees to bear the costs of amending or eliminating a level crossing in accordance with § 3 by way of derogation from the provisions of this Act; and a plan setting procedure is carried out for the measure. Non-official table of contents

§ 6

If an agreement is not reached, any party may have an order in the cross-country legal proceedings. apply. Non-official table of contents

§ 7

The issuing authority may initiate the cross-law procedure without a request, if the security or the Handling of transport requires a measure. It may require the parties to submit plans for measures pursuant to § 3. Non-official table of contents

§ 8

(1) When a rail track of a federal railway is involved at the intersection, it decides to act as an issuing authority. The Federal Ministry of Transport, Building and Urban Development, in consultation with the authority designated by the State Government.(2) In other cases, the authority designated by the provincial government shall decide to act as the issuing authority. Nonofficial table of contents

§ 9

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§ 10

(1) If a measure is ordered according to § 2 or § 3, it is necessary to decide on the nature and scope of the measure, on the duty to duty as well as on the legal relations of the parties and on the costs of the costs.(2) The parties concerned shall be obliged to provide the issuing authority with any information necessary for the decision.(3) If a measure requiring the safety of transport is to be postponed, it may be decided in advance on the nature, scope and implementation of the measure and on the duty to divest.(4) If the parties agree on the measure to be carried out or if the measure is already carried out, the decision may be taken on the basis of a request for the cost of the measure.(5) If there are differences of opinion between the parties as to whether a public road is suitable in accordance with the nature of its road and is intended to include a general road transport system, the issuing authority may: Decide on the preparation of an agreement or arrangement at the request of a participant.(6) The decision shall be accompanied by reasons and shall be notified to the parties concerned. Non-official table of contents

§ 11

(1) If a new intersection is established, the participant whose transport path is new, has the cost of the Cross-plant to be worn. 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 concerned shall bear half the costs of the intersections. Non-official table of contents

§ 12

If a transfer is carried out in accordance with § 3, the resulting costs will be dropped
1.
the participant who asked for the change or would have it in the case of an order (benefit sharing);
2.
2.
2.
2.
2.
2.
2.
2.
2.
require the amendment or require it in the event of an order, in the ratio where the costs of separate implementation of the change would be related. Number 1, second sentence, must be applied accordingly.
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§ 13

(1) A measure pursuant to § 3 shall be applied 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, by a railway line of a railway of the Federal Government.(2) Where a construction measure is carried out in accordance with Article 3 (2) for the purpose of relieving the traffic in a way which is not subject to change, and where otherwise the necessary change in the level of the rail transfer is not necessary, the costs referred to in paragraph 1 shall be borne by the costs, that would result from the adoption of the saved change. The remaining costs shall be borne solely by the person involved in the road transport operation of which the construction measure is carried out. Non-official table of contents

§ 14

(1) The railway operator's facilities at intersections, where they are railway equipment, shall be Road installations shall be kept at the cost of the road construction load and shall also be kept in service in the case of railway crossings. The maintenance includes ongoing entertainment and renewal. Operating costs are the locally generated personal and Saxon expenses.(2) At railway crossings,
1.
is one of the railway lines, which is both the rail transport and the railway lines. Road traffic crossing, limited by a distance of 2.25 m, on trams of 1.00 m each from the outer rail and parallel to it, and also the barriers, warning crosses (Andreascrosses) and flashing lights as well as other the railway signs and facilities serving to secure the crossing of traffic,
2.
on the road installations the visible areas, the warning signs and the signs (beacons) , as well as other road signs and equipment used to secure the crossing of traffic.
(3) Rail crossings and protection facilities are part of the railway lines, road transfers to the Road facilities.

Footnote

§ 14 para. 1 and 2: compatible with the GG, BVerfGE v. 13.11.1974; 1975 I 228-1 BvL 27/73- Non-official table of contents

§ 14a

(1) The road is drawn in or the operation of the railway is permanently , the parties concerned remain committed, as has been the case to date, to maintain and operate the intersections to the extent necessary to ensure the safety or handling of traffic 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 party responsible for conservation at the time of recruitment or permanent establishment shall, or his successor, be responsible for the elimination of intersections, where and as soon as it is necessary to ensure the safety or management of the traffic on the permanent Transport is required. 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 have to tolerate the measures.(3) In so far as intersections are disposed of, the obligations of the soft party shall be extinguishing in accordance with paragraph 1.(4) The soft party concerned shall, at his request, have the permanent participant's ownership of such land which has so far been used by the enduring party or which is needed to improve the remaining traffic route. shall be transferred 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. Non-official table of contents

§ 15

(1) If a new intersection is established, the participant whose transport path is new shall be subject to the conditions of section 11 (1). In addition, the resulting maintenance and operating costs will be reimbursed to the other party. In the case of section 11 (2), each party has to bear its conservation and operating costs without compensation.(2) If a transfer is carried out in accordance with § 3, the person concerned who required the measure pursuant to § 12 (1) or (2) or, in the event of an order, had to require the action to be taken by the other party concerned, shall have the right to request the measure to be transferred to the other party. Maintenance costs.(3) If a measure is carried out at a railway crossing in accordance with § 3, each participant shall bear his changed conservation and operating costs without compensation.(4) In the cases referred to in the first sentence of paragraph 1 and in paragraph 2, the maintenance and operating burden shall be deducted at the request of a person concerned. Non-official table of contents

§ 16

(1) The Federal Ministry of Transport, Building and Urban Development may, with the approval of the Federal Council, Enacting legal regulations, by means of which
1.
determines the extent of the costs in accordance with § § 11, 12 and 13 where the administrative costs are fixed at a lump sum;
2.
shall be determined, as is the case for separate implementation of the measures referred to in Article 12 (2). Cost using experience values for construction costs in a simplified form;
3.
The calculation and payment of redemption orders in accordance with § 15 4
4.
in the case of new installations which are not covered by Section 14 (2) of this Regulation.
(2) General administrative provisions are issued by the Federal Ministry of Transport, Building and Urban Development with the approval of the Federal Council. Non-official table of contents

§ 17

To promote the elimination of railway crossings and other measures in accordance with § § 2 and 3, the The issuing authority shall grant the parties the grants. Non-official table of contents

§ 18

The supervisory authorities have to ensure the implementation of the order under this law. Non-official table of contents

§ 19

(1) Previous agreements, which are based on intersections between roads and trams, connecting tracks, and the Connections of the same number of railway lines are valid.(2) The previous cost regime for conservation measures taken at the date of the entry into force of the Law on the Law of the Railways of 27 June 2000. December 1993 (BGBl. I p. 2378) are already in the running.(3) Where, pursuant to Article 6 (106) (4) of the Law on the Law of Railways, the maintenance burden for a road transfer has been transferred to the road-building load carrier, the railway operator shall be responsible for ensuring that the road transfer is carried out in accordance with the provisions of is properly received by the volume of transport importance and has carried out the necessary basic value. 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. Nonofficial table of contents

§ 20

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§ 21

This law occurs on the 1. January 1964, in force.