Railroad crossing measures; application for approval of an agreement

Crossing agreements may be subject to approval in accordance with Section 5 EKrG.

For measures at level crossings in the case of crossings between railroad tracks of a federally owned railroad and a road under municipal construction obligation, the federal government bears half of the costs, the federal railroad one third and the state in which the crossing is located one sixth. The agreement is subject to approval in accordance with Section 5 (1) sentence 2 EKrG with regard to the costs borne by the federal and state governments, as neither the federal nor state governments are involved as road authorities. In the case of crossing-related costs of more than € 3.0 million, approval is granted by the responsible federal ministry, otherwise by the responsible government.

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

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

• 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 railroads, the technical inspection is carried out by the Government of Middle Franconia or the Government of Upper Bavaria as the responsible railroad supervisory authority in accordance with Art. 9 BayESG