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.
Status: 07.10.2022
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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