Railroad crossing measures; application for an exemption for crossings at the same level.
New crossings of railroads and roads capable of carrying motor vehicles must in principle be built as overpasses. In individual cases, an exception to this may be permitted, especially in the case of light traffic.
New crossings of railroads and roads which, by the nature of their carriageway, are suitable and intended to accommodate general motor vehicle traffic, shall be constructed as flyovers.
In individual cases, however, especially in the case of light traffic, it is possible to permit exceptions to this rule and to construct crossings at the same level. Within the scope of such exemptions, the minimum safety measures to be taken at the intersection may 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 lead to an unreasonably high burden on the initiator. As an example, the law mentions the existence of "light traffic". This should prevail on both traffic routes 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 of the specific case, taking into account, for example, the technical possibilities of the height-free solution, landscape and nature conservation, and the cost burden.
In the case of a crossing with a non-federally owned railroad, the governments are responsible for deciding on applications in accordance with Section 2 (2) of the Law on Crossings of Railways and Roads (Eisenbahnkreuzungsgesetz - EKrG). Applications are to be submitted there informally together with an appropriate justification.
If a railroad track of a federal railroad is involved in the crossing, the Federal Ministry of Digital Affairs and Transport (BMVI) decides on the exemption; in this case, applications must be submitted there. If a road authority submits the application, it must be forwarded to the BMVI via the Bavarian State Ministry of Housing, Construction and Transport with its opinion. If a federal railroad submits the application, it must be forwarded to the BMVI via the company management. The application must be accompanied by a general plan and a site plan showing the safety installations, as well as details of 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 exemption.
The issuance 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 (for example, overtaking bans or barriers) in order to contain the dangers associated with intersections at the same level as far as possible.
Action before the administrative court
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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