The governments are responsible for deciding on applications in accordance with Section 2 (2) of the Act on Crossings of Railways and Roads (Eisenbahnkreuzungsgesetz - EKrG) in the case of a crossing with a non-federally owned railroad. Applications must be submitted there informally together with a corresponding justification.
If a federal railroad track is involved in the crossing, the Federal Ministry of Digital and Transport (BMDV) decides on the special permit; in this case, applications must be submitted there. If a road construction authority submits the application, it must be forwarded to the BMDV via the Bavarian State Ministry for Housing, Construction and Transport together with its comments. If a federal railroad company submits the application, it must be forwarded to the BMDV via the company management. The application must be accompanied by an overview plan and site plan with an indication of the safety installations as well as information on 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 exception.
