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Railroad crossing measures; advice for municipalities
The governments advise municipal road authorities on crossing measures in accordance with the Railway Crossings Act.
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Regierung von Schwaben - Sachgebiet 31 - Straßenbau
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Street address
Obstmarkt 12
86152 Augsburg
Postal address
86145 Augsburg
Phone
Fax
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Regierung von Schwaben - Sachgebiet 32 - Planfeststellung, Straßenrecht, Prozessvertretung
Street address
Obstmarkt 12
86152 Augsburg
Postal address
86145 Augsburg
Phone
Fax
Procedure details
Description
According to the Railway Crossings Act (EKrG), crossings of railroads and roads are either level (level crossings) or not level (overpasses).
If and insofar as safety or the handling of traffic requires it, taking into account the foreseeable development of traffic, crossings are to be eliminated, relieved by construction measures that reduce traffic at the crossing, or modified by the construction of overpasses, by the installation of technical safety measures, in particular barriers or traffic signals, by the creation of visible surfaces at level crossings that are not technically secured, or in any other way (§ 3 EKrG).
If such a measure is carried out at an overpass, the costs shall be borne by those parties who request or should have requested the modification.
If such a measure is carried out at a level crossing, the parties involved shall each bear one third of the costs. The last third of the costs shall be borne by the federal government in the case of crossings with a federal railroad track and by the federal state in the case of crossings with a non-federal railroad track (Section 13 No. 1 EKrG).
If a federal railroad crosses a municipal road at a level crossing, the federal government bears half of the costs, the federal railroad one third and the state in which the crossing is located one sixth (Section 13 (2) sentence 1 EKrG). If a non-federally owned railroad crosses a road under municipal responsibility at a level crossing, the federal state in which the crossing is located bears two thirds of the costs and the non-federally owned railroad one third (Section 13 (2) sentence 2 EKrG). Roads under municipal responsibility within the meaning of the EKrG are those under the responsibility of municipalities, associations of municipalities, independent cities and districts as well as local crossings in the course of federal, state and national roads under the responsibility of municipalities.
When regulating the legal situation at level crossings or overpasses in the course of municipal roads, construction and legal difficulties often arise. To avoid financial disadvantages, local authorities are advised to seek expert advice from the government before concluding crossing agreements.
Fees
none
Legal bases
Related issues
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Railroad crossing measures; application for payment of the federal/state share of costs
The payment of the federal/state share of costs for measures in accordance with the Railway Crossing Act for roads under municipal responsibility must be applied for from the responsible government.
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Railroad crossing measures; application for approval of an agreement
Crossing agreements may be subject to approval in accordance with Section 5 EKrG.
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Municipal road and bridge construction projects; application for a grant for investments to improve traffic conditions
The Free State of Bavaria grants subsidies for municipal road and bridge construction measures if they are urgently needed to improve traffic conditions.
Status: 07.05.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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