Road and right of way

from Wikipedia, the free encyclopedia

The road and right of way is the public property right on the roads (including the waterways ), paths and public places .

The road and highway dedication takes place through a sovereign act of the competent authority. Framework laws for this are the Federal Trunk Road Act (FStrG) and the road laws of the federal states (e.g. StrG-BW). The FStrG applies to all federal highways and motorways. Lower class public roads are dedicated by the state road or route laws. In Bavaria, for example, the Bavarian Road and Path Act (BayStrWG) applies.

According to the road and right of way, roads are regularly dedicated to public use (see traffic reason ). The carrier of the road construction load is regularly determined. With common use everyone is entitled to use the streets as part of the dedication. Common use includes, for example, normal road traffic, the maintenance of interpersonal communication or the distribution of leaflets. However, if the road is primarily used for commercial purposes, contrary to its designation, it is a special use that requires approval.

The right of way of the waterways essentially comprises the electricity police regulations. Where there are border rivers, the right of way is partly subject to regimes under international law.

The road traffic law , however, serves to regulate within the use of a road, a path or a square. It is intended to ward off dangers in road traffic and at the same time ensure the safety and ease of traffic.

Bavaria

In Bavaria, the legal relationships on public roads, with the exception of federal trunk roads, are regulated according to the Bavarian Road and Road Act.

When roads are in this case not only understood the actual roadways, but also things such as road base, roadbed, dams, culverts, bridges, accessories, the (eg traffic signs, for.) Air space above the road, etc.

The streets are then divided into street classes, the classification being based solely on traffic significance. The Bavarian Roads and Roads Act distinguishes between the following road classes :

  1. State roads
  2. County roads
  3. Municipal roads , local roads (municipal roads )
  4. Public field and forest paths, restricted-public paths, owner paths (other public roads)

The roads are publicly dedicated by the respective road building authority by administrative act (in the form of a general decree ). The dedication gives the street the characteristics of a public street. This requires the consent of the property owner and the carrier of the road construction work (provided that this is not the road construction authority itself).

If the traffic significance of a street has changed or a street is classified in the wrong street class, the road building authority is obliged to reclassify the street to the new or correct street class. This is also done by means of an administrative act in the form of a general ruling. The approval of the road inspectorate is required for this.

The property of a public road can also be withdrawn from a road. This is done by means of a collection. Confiscation is only permitted if the road has lost all traffic significance or if there are overriding reasons of public welfare . Before a confiscation may take place, the intention to confiscate must be announced 3 months in advance as is customary in the location.

The carrier of the road construction load is responsible for the construction and maintenance of the road. Lighting , cleaning and winter services are not part of the tasks of road construction . These things are communal tasks to maintain public safety and order .

See also

literature

  • Sauthoff, Michael, Public Roads (Road Law, Road Traffic Law, Traffic Safety Obligations) , 2nd edition, Munich 2010 [Verlag CH Beck], ISBN 978-3-406-58743-6
  • Kodal, Kurt, road law. Handbook , 7th edition, Munich 2010 [Verlag CH Beck], ISBN 978-3-406-52567-4
  • Wüstenberg, Dirk, common use of private roads , in: Neue Zeitschrift für Verkehrsrecht (NZV) 2019, pp. 511–516