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Winter service; clearing and gritting in snow and icy conditions
The obligation to clear snow and grit in icy conditions (slippery snow and black ice) is usually summarized under the term "winter service obligation".
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Verwaltungsgemeinschaft Neunburg vorm Wald
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Street address
Kolpingstraße 3
92431 Neunburg vorm Wald
Postal address
Kolpingstraße 3
92431 Neunburg vorm Wald
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Standort im BayernAtlas
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Landratsamt Schwandorf
Street address
Wackersdorfer Straße 80
92421 Schwandorf
Postal address
Postfach 1549
92406 Schwandorf
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Staatliches Bauamt Amberg-Sulzbach
Street address
Archivstraße 1
92224 Amberg
Postal address
Postfach 1455
92204 Amberg
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Verwaltungsgemeinschaft Neunburg vorm Wald - Bauverwaltung, Sicherheit und Ordnung
Street address
Kolpingstraße 3
92431 Neunburg vorm Wald
Postal address
Kolpingstraße 3
92431 Neunburg vorm Wald
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Die Autobahn GmbH des Bundes - Niederlassung Nordbayern
Street address
Flaschenhofstraße 55
90402 Nürnberg
Postal address
Postfach 10 50
90001 Nürnberg
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Procedure details
Description
Winter road maintenance is not part of the road construction obligation. There is no obligation under road law to provide a general winter service on roads or certain classes of road. In individual cases, the duty to ensure road safety, which is rooted in civil law, may result in winter road maintenance obligations for the road construction authority, particularly in local thoroughfares, but these are severely restricted in terms of space or subject matter depending on the local situation. On open stretches of road, the obligation to grit snow and ice only applies to particularly dangerous road sections (carriageway sections). Apart from this, winter road maintenance is a voluntary service provided by the road authorities.
Winter road maintenance outside built-up areas
Autobahn GmbH has set up a voluntary 24-hour winter service on federal highways in order to ensure continuous passability wherever possible. However, road users have no legal entitlement to this.
On other roads under state administration (federal, state and administered district roads), voluntary winter road maintenance is also only carried out outside built-up areas during the day; depending on the importance of the road for inter-urban, commuter or regular bus traffic, it is kept passable from 6.00 am to 8.00 pm or 10.00 pm. During the night, (unrestricted) passability is not guaranteed.
In general, snow-covered roads must be accepted at times during heavy, prolonged snowfall. Even on highways, the passability is then only possible to a limited extent. Critical road conditions are also to be expected in the event of heavy snow drifts and freezing rain.
Public winter services and private precautions must therefore complement each other. Private precautions in winter include in particular
- equipping vehicles with winter tires in good time (Section 2 of the Road Traffic Act)
and - driving behavior adapted to the winter road conditions.
Winter road maintenance within the built-up area
According to the Bavarian Road and Highway Act, it is the responsibility of the municipality to clear snow from public roads and to grit all dangerous road surfaces, crosswalks and pavements in icy conditions in order to maintain public safety and order within the built-up area, if this is urgently required and others are not obliged to do so under other legal provisions (in particular the duty to maintain road safety).
Municipalities also have the option of imposing a legal obligation on adjacent or rear residents to clear and grit the footpaths and shared footpaths and cycle paths on the public roads adjacent to their property or providing access to their property or, if there is no footpath or shared footpath and cycle path, to maintain these public roads in a safe condition in the width required for pedestrian traffic.
Legal bases
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§ 3 Abs. 3 Bundesfernstraßengesetz (FStrG)Straßenbaulast
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Art. 9 Abs. 3 Bayerisches Straßen- und Wegegesetz (BayStrWG)Straßenbaulast
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Art. 51 Abs. 1, 2, 5 Bayerisches Straßen- und Wegegesetz (BayStrWG)Gemeindliche Beleuchtungs-, Reinigungs-, Räum- und Streupflicht, Verordnungsermächtigung
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Related issues
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Roads; maintenance of greenery and shrubs
The maintenance of greenery and shrubs generally serves to keep the clearance profile clear and to maintain the roadside greenery. The view of signs and traffic signs must be ensured at all times.
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Road maintenance service; implementationThe road wardens of the municipalities, districts, highway and road maintenance depots make a very important contribution to road safety and the functionality of the road network.
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Street cleaning; implementationThe purpose of street cleaning is to keep the road network of cities and municipalities clean and ensure that it is passable and accessible.
Status: 23.01.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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