Road traffic; obtaining an order to secure a construction site.

Construction sites that may affect road traffic must be specially secured and signposted accordingly. The contractors responsible for the construction site must contact the road traffic authority in good time before work begins.

Description

Construction sites in the road area and construction sites next to the road area that may affect traffic must be specially secured. The safety measures serve to protect road users (traffic area) and workers as well as equipment and machinery in the work site (work area).

The safety measure "signage" must be ordered by the road traffic authority, in the case of road construction work by the road construction authority. The contractor responsible for the construction site must contact the road traffic authority well in advance of the start of such work and obtain an order on how the construction site is to be cordoned off and marked, especially with traffic signs and traffic facilities, whether and how traffic is to be restricted, directed and regulated, even in the case of partial road closure, and also whether and how closed roads and detours are to be marked. Contractors are obliged to comply with these orders of the road traffic authority and, insofar as the operation of traffic light systems is ordered, to operate them.

Prerequisites

Which signage is necessary to secure a construction site is determined on the basis of the particular local and traffic circumstances in each individual case.

Of particular importance is the correct exercise of discretion by the road traffic authority or the road construction authority. Their orders regarding the setting up and securing of roadwork sites by means of signage must above all be measured against the principle of proportionality. This applies to the safety measures as well as to the (traffic) burden on third parties caused by the construction site.

Among other things, the interests of residents who are particularly dependent on the use of the road must be included in the consideration. This applies above all when commercial enterprises are affected. Work sites are therefore to be planned by the entrepreneur in such a way that their duration and spatial extension impede the traffic flow as little as possible. If the road space is temporarily not necessary for the construction site or if the circumstances allow temporary facilitation of traffic, then this must be taken into account. Wherever possible, work on busy roads should be carried out during off-peak periods.

In the case of spatially longer work sites, care must be taken to ensure that - in accordance with the progress of the work - the length and width of the work site that is effective for traffic is kept to a minimum. For the design of the necessary signage and the coordination of further measures, the road traffic authorities are assisted by the nationwide guidelines for securing work sites on roads. These include standard plans for construction sites on local roads, rural roads and highways.

Information is available from the road traffic authorities at the district offices, independent cities and municipalities.

Deadlines

As a rule, at least two weeks before the start of work.

Required documents

  • Written application with information on the location of the work site and the time frame of the work
  • traffic sign plan adapted to the individual case

    Other documents that may be important in individual cases, such as diversion plans, divisional plans, permission agreements, etc., must also be submitted.

Fees

  • Order for signage 10,20 € to 767,00 €

Legal bases

Remedy

Administrative court proceedings; information

administrative claim

Status: 27.04.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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