Railroad crossing measures; advice for municipalities

The governments advise municipal road authorities on crossing measures in accordance with the Railway Crossings Act.

According to the Railway Crossings Act (EKrG), crossings of railroads and roads are either level (level crossings) or not level (overpasses).

If and insofar as safety or the handling of traffic requires it, taking into account the foreseeable development of traffic, crossings are to be eliminated, relieved by construction measures that reduce traffic at the crossing, or modified by the construction of overpasses, by the installation of technical safety measures, in particular barriers or traffic signals, by the creation of visible surfaces at level crossings that are not technically secured, or in any other way (§ 3 EKrG).

If such a measure is carried out at an overpass, the costs shall be borne by those parties who request or should have requested the modification.

If such a measure is carried out at a level crossing, the parties involved shall each bear one third of the costs. The last third of the costs shall be borne by the federal government in the case of crossings with a federal railroad track and by the federal state in the case of crossings with a non-federal railroad track (Section 13 No. 1 EKrG).

If a federal railroad crosses a municipal road at a level crossing, the federal government bears half of the costs, the federal railroad one third and the state in which the crossing is located one sixth (Section 13 (2) sentence 1 EKrG). If a non-federally owned railroad crosses a road under municipal responsibility at a level crossing, the federal state in which the crossing is located bears two thirds of the costs and the non-federally owned railroad one third (Section 13 (2) sentence 2 EKrG). Roads under municipal responsibility within the meaning of the EKrG are those under the responsibility of municipalities, associations of municipalities, independent cities and districts as well as local crossings in the course of federal, state and national roads under the responsibility of municipalities.

When regulating the legal situation at level crossings or overpasses in the course of municipal roads, construction and legal difficulties often arise. To avoid financial disadvantages, local authorities are advised to seek expert advice from the government before concluding crossing agreements.