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Railroad crossing measures; application for a special permit for level crossings

New crossings of railroads and roads suitable for motor vehicles must always be built as overpasses. An exception to this rule may be permitted in individual cases, particularly in the case of light traffic.

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Procedure details

New crossings of railroads and roads which, due to the nature of their carriageway, are suitable and intended to accommodate general motor vehicle traffic must be constructed as flyovers.

However, in individual cases, particularly where traffic is light, it is possible to permit exceptions to this rule and to construct level crossings. As part of such exemptions, the minimum safety measures to be taken at the intersection can be specified.

Exceptions may be permitted in individual cases. This is the case if, taking into account the foreseeable development of traffic, the construction of flyovers can be dispensed with because the traffic can be adequately secured by other means and the costs of a bridge would result in an unreasonably high burden on the party responsible. The law cites the existence of "light traffic" as an example. This should prevail on both traffic routes in order to justify an exception. If there is no light traffic on one or both traffic routes, an exception can only be granted if there are very special reasons. This requires a comprehensive assessment and consideration in each individual case, taking into account, for example, the technical possibilities of the height-free solution, landscape and nature conservation and the cost burden.

The governments are responsible for deciding on applications in accordance with Section 2 (2) of the Act on Crossings of Railways and Roads (Eisenbahnkreuzungsgesetz - EKrG) in the case of a crossing with a non-federally owned railroad. Applications must be submitted there informally together with a corresponding justification.

If a federal railroad track is involved in the crossing, the Federal Ministry of Digital and Transport (BMDV) decides on the special permit; in this case, applications must be submitted there. If a road construction authority submits the application, it must be forwarded to the BMDV via the Bavarian State Ministry for Housing, Construction and Transport together with its comments. If a federal railroad company submits the application, it must be forwarded to the BMDV via the company management. The application must be accompanied by an overview plan and site plan with an indication of the safety installations as well as information on the railroad line, road and crossing point involved, the nature of the road in accordance with Section 2 (1) EKrG, the expected traffic load on rail and road, taking into account the foreseeable development of traffic, and a detailed description of the reasons for the requested exception.

Cost range between EUR 50.00 and EUR 2,500.00 (framework fee according to tariff 5:II.2/1 of the schedule of costs) plus expenses

none

The granting of the exemption is at the discretion of the issuing authority. As an administrative act, it can be issued with conditions, time limits and requirements. This includes the possibility of ordering safety measures (e.g. overtaking bans or restrictions) in order to reduce the dangers associated with level crossings as far as possible.

Complaint to the administrative court

Status: 07.05.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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