Railway Crossing Act
|Title:||Railroad and Road Crossings Act|
|Short title:||Railway Crossing Act|
|Abbreviation:||EKrG (not official) ,
EBKrG (not official)
|Scope:||Federal Republic of Germany|
|Legal matter:||Administrative law , traffic law|
|Original version from:||August 14, 1963 ( BGBl. I p. 681 )|
|Entry into force on:||January 1, 1964|
|New announcement from:||March 21, 1971 ( Federal Law Gazette I p. 337 )|
|Last change by:||
Art. 3 G of March 3, 2020
( Federal Law Gazette I p. 433, 434 )
|Effective date of the
|March 13, 2020
(Art. 5 G of March 3, 2020)
|Please note the note on the applicable legal version.|
The Law on Crossings of Railways and Roads - Railway Crossing Law (EKrG) of August 14, 1963 (Federal Law Gazette I 1963, 681, revised by notice of March 21, 1971, Federal Law Gazette I 337), last amended by the law on further Acceleration of planning and approval procedures in the transport sector from March 3, 2020, is a German federal law and regulates the handling, construction and financing of crossings ( crossing rights ) of railways and roads .
The railway crossing law distinguishes equal height (also: at-grade ) crossings ( crossings ) and not at level crossings ( overpasses ). According to the law, new crossings must be designed as overpasses , provided they are "suitable for the nature of their lane and intended to accommodate general vehicle traffic". That means: level crossings may not be rebuilt. However, exceptions can be permitted in individual cases.
It differentiates between the construction of a new intersection (Section 2) and the modification or removal of an existing intersection (Section 3) and makes statements here about the respective financing (Sections 11, 12 and 13). When creating a new intersection, the polluter pays principle applies . H. the person who builds the new traffic route also pays for the intersection (Section 11 (1)). If both traffic routes are laid out at the same time, the costs are shared (Section 11 (2)).
Cost sharing at the intersection
The Ordinance on the Costs of Measures under the Railway Crossing Act - First Railway Crossing Ordinance (1st EKrV) of September 2, 1964 regulates more precise information on cost-bearing .
The measure typical according to this law (generally also called EKrG measure ) is one according to § 3: According to this, crossings are "as far as the safety or the handling of traffic [...] requires [...]
- to eliminate or
- to relieve traffic through construction measures that reduce traffic at the intersection or
- by building overpasses, by setting up technical safeguards, in particular barriers or light signals, by creating visible surfaces at level crossings that are not technically secured, or to change them in any other way. "
As a rule, an existing level crossing is closed and replaced by a new overpass, or an existing old system has to give way to a new one or an existing level crossing safety device is changed. For such a measure then the cost consequences according to § 13 of the law apply, according to which the costs between the crossing participants according to § 1 EKrG, i.e. from
- the construction agency of the railroad of the crossing railroad,
- the carrier of the construction load of the crossing road as well
- the federal government (if it is a so-called federally owned railway ) or the state (in the case of non - federally owned railways )
one third each are to be carried.
Since March 13, 2020, the new paragraph 2 of §13 applies, according to which the costs of municipal roads are to be divided as follows:
- Bunch half,
- the railroad a third,
- and the respective federal state the remaining sixth.
For every measure under the Railway Crossing Act, an agreement (also: crossing agreement ) must be concluded between those involved in the crossing according to Section 5 , which must be approved by the Federal Ministry of Transport and Digital Infrastructure (BMVI) with regard to the federal government's cost sharing under Section 13. If a non-federal railway is involved, approval is given by the highest state authority, as in this case the state has to bear the last third.
- Ernst A. Marschall, Ralf Schweinsberg: Railway crossing law. Commentary on the Law on Crossings of Railways and Roads and on the 1st Ordinance on the Costs of Measures under the Railway Crossing Law . 6th edition. Carl Heymanns Verlag, Cologne 2017, ISBN 978-3-452-27706-0 .
- Bundestag and Federal Government: Process: legislation, law to further accelerate planning and approval procedures in the transport sector . In: dipbt.bundestag.de . March 3, 2020. Accessed on May 14, 2020: “Lean planning procedures for replacement new buildings on roads and rails, accelerate investments in the rail network by relieving the municipalities of financial burden when changing and removing level crossings; Modification of Sections 18 and 38 and addition of Section 22b of the General Railway Act, modification of Sections 17, 18, 19 and 24 and addition of Section 3a of the Federal Trunk Road Act, modification of Sections 5 and 13 of the Railway Crossing Act "