Railroad crossing measures; request for approval of an agreement.

Crossing agreements may be subject to the approval requirement under Section 5 of the EKrG.

Description

In the case of measures at level crossings in the case of crossings between railroads of a federally owned railroad and a road in the charge of a local authority, the federal government bears half of the costs, the federal railroad bears one third and the state in which the crossing is located bears one sixth of the costs. The agreement is subject to approval pursuant to Section 5 (1) sentence 2 EKrG with regard to the assumption of costs by the federal government and the state, since neither the federal government nor the state are involved as road authorities. In the case of a crossing-related cost mass of more than €3.0 million, approval is granted by the responsible federal ministry, otherwise by the responsible government.

In the case of non-federal railroads, the following applies: the state in which the crossing is located bears two-thirds of the costs, and the non-federal railroad bears one-third (for crossing agreements from 01.01.2022). With regard to the state's share of the costs, the agreement is subject to approval in accordance with Section 5 (1) sentence 2 EKrG. This is granted by the competent government.
Section 13 (1) sentence 2 EKrG in conjunction with Section 12 (2) ZustV applies to cases of agreements before the aforementioned cut-off date.

Procedure

The application for approval of the crossing agreement must be submitted in writing by the municipalities to the responsible government. Before the municipality concludes the crossing agreement, it is advisable to consult with the government.

Required documents

  • Crossing agreement signed by road authority and railway undertaking

    (models can be obtained from the competent authority)

  • Planning documents according to point 2.5 of the EKrG Guidelines 2020
  • Budget
  • Technical and economic examination of federal railways by the Federal Railway Authority (EBA)
  • In the case of level crossing measures on non-federally owned railways, the technical inspection is carried out by the Government of Central Franconia as the competent railway supervisory authority in accordance with Article 9 of the BayESG.

Forms

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

  • none

Status: 07.10.2022

Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Regierung von Oberbayern
Sachgebiet 31.1 - Straßen- und Brückenbau

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