Definition and Legal Status of Federal Highways
A federal highway in Germany is a public road designated and marked as such by federal law, which primarily serves supra-regional traffic. It is planned, constructed, and usually also maintained by the federal government, although execution is carried out by the states. The legal bases and characteristics of federal highways differ significantly from state, district, or municipal roads and are regulated in detail by law.
Legal Foundations
Federal Trunk Road Act (FStrG)
At the core of the legal regulation of federal highways is the Federal Trunk Road Act (FStrG). This law defines which roads qualify as federal highways or federal trunk roads, how they are administered, and what responsibilities and obligations exist. According to § 1 Para. 1 FStrG, federal trunk roads include federal motorways and federal highways, insofar as they serve general motor vehicle traffic.
Designation Procedure
Die Designation as a federal highway is made by administrative act, which determines its status as a federal trunk road. Only roads that are officially designated may be classified as federal highways. De-designation is also possible by legal act, particularly when the road’s significance for traffic changes.
Classification under Road Law
According to § 2 FStrG, federal highways are part of the main road network and primarily serve long-distance traffic. They are to be distinguished from other road categories such as state, district, or municipal roads.
Administration and Maintenance Obligation
Responsibility and Competence
Die The maintenance obligation for federal highways lies fundamentally with the federal government (§ 5 Para. 1 FStrG), while the delegated administration is carried out by the states. This means the practical execution of maintenance, repair and upgrade measures, as well as winter services and the duty to ensure road safety, is generally the responsibility of the road construction administrations of the states.
Financing
The financing of expansion and maintenance of federal highways is the responsibility of the federal government. Funding and budgetary resources are provided according to the federal budget and are earmarked for this purpose.
Technical and Traffic Law Requirements
Cross-section and Signage
Federal highways are subject to specific standards regarding their development, cross-section, and equipment. They are marked with traffic sign 306 (white lettering on a blue sign with the road number). Deviating signage is possible in so-called urban sections or special cases (for example, expressways restricted to motor vehicles).
Use and Traffic Rules
For the use of federal highways, the general provisions of the German Road Traffic Regulations (StVO)apply. The roads are open to public traffic, although exceptions and restrictions may be set by statutory regulation, for example, in the case of restrictions for certain vehicle classes or the transport of hazardous goods.
Access Restrictions and Rights of Adjacent Landowners
Access to federal highways may be regulated under § 8 FStrG. Private properties do not automatically receive access rights, but generally require a special permit for use. Rights of adjacent landowners are limited and may be restricted in the interest of traffic safety.
Maintenance and Preservation Obligations
The obligation for maintenance und traffic safety lies, according to § 6 FStrG, with the authority responsible for the federal highway. This includes maintenance measures, structural reinforcements, regular inspections, and, if necessary, closures when traffic safety is endangered.
Expropriation and Land Acquisition
Federal highway construction may necessitate the use of private land in the public interest. For this purpose, the FStrG grants an expropriation right under § 13 FStrG. The expropriation procedure follows the requirements of the Basic Law and is carried out with appropriate compensation.
Special Features of Federal Highways
Urban Sections
Urban sections (§ 5 Para. 4 FStrG) are located in inner-city intersection areas and are often subject to different maintenance obligations and cost responsibilities, for example, in the context of maintaining public facilities for the municipality.
Reclassification and Downgrading
A federal highway may lose its status if it no longer holds supra-regional significance. Reclassification as a state or district road is undertaken through an administrative agreement between the federal government and the state.
Federal Highways Outside the Scope of the FStrG
Not every road labeled ‘Bundesstraße’ falls under the FStrG. Historically, there are individual traffic routes with similar names whose legal character may be regulated differently.
Legal Remedies and Legal Actions
Measures involving or on a federal highway are connected with administrative procedures. Affected parties, especially adjacent landowners or road users, may lodge legal remedies (e.g., objections, actions for annulment) against administrative acts by the competent road authority, which are to be handled under the relevant administrative procedural regulations.
Relevance in Planning and Environmental Law
Planning Approval Procedure
Major changes or new construction of federal highways are subject to planning approval (§§ 17 et seq. FStrG). In this process, public interest bodies must be involved; there are also extensive participation rights for the public and affected parties.
Environmental and Nature Conservation Law
Federal highway construction projects are regularly subject to environmental impact assessments as well as further specialized planning reviews pursuant to the Federal Nature Conservation Act, Water Resources Act, and emissions protection law.
Significance in German Traffic Law
In the road hierarchy, federal highways are the most important category of supra-local traffic routes after the motorways. They form an essential part of the national infrastructure, are often toll-free, and enable connection to regional and international transport areas.
Conclusion:
The federal highway is a transport link defined and regulated by the Federal Trunk Road Act, which holds a special legal status regarding ownership, administration, technical requirements, access, maintenance obligations, reclassification, and planning requirements. Its significance, management, and development are shaped by a complex interplay of federal and state legal provisions.
Frequently Asked Questions
Who is responsible for the construction and maintenance of federal highways?
The construction, maintenance, and administration of federal highways are fundamentally the responsibility of the federal government pursuant to Article 90 paragraph 2 of the Basic Law of the Federal Republic of Germany. However, the federal government has delegated these tasks to the states within the framework of delegated administration. This means that the respective state road construction administrations carry out the activities on behalf of the federal government. Since the reform and establishment of the Autobahn GmbH, this company is responsible exclusively for the federal motorways; federal highways remain under the administration of the states. The federal government bears the costs for alteration, expansion, maintenance, and renewal, while the states ensure implementation. In justified exceptional cases, such as at railway crossings, third parties may also be included in the maintenance obligation.
What specific legal traffic rules apply to federal highways?
Generally, the rules of the German Road Traffic Regulations (StVO) and the Road Traffic Act (StVG) apply to federal highways. However, there are some special provisions: Certain vehicles (e.g., agricultural machinery under certain circumstances) may typically use federal highways without restriction when no explicit prohibition is indicated by traffic signs. Speed limits, overtaking bans, and weight restrictions are regulated by the StVO and by local authorities. Additional traffic signs may be installed for winding or unclear sections. Furthermore, parking and stopping on federal highways outside towns is prohibited under §12 StVO. Additional rules may arise from the respective state road laws.
What legal restrictions apply to the creation of access or exit roads to a federal highway?
The construction of access, exit, or other entry points to a federal highway is strictly regulated. According to §9 Federal Trunk Road Act (FStrG), access or entry points may only be established with the appropriate permission from the competent road authority. This serves both traffic safety and the unimpeded flow of traffic. Especially for commercial uses or new developments, a legitimate interest must be demonstrated, and the absence of danger to traffic must be proven. Illegal or unauthorized access roads may be removed by the authorities and, if applicable, may result in a fine. The obligation to obtain permission also applies to changes to existing access points.
Who owns the land on which a federal highway is located?
The land on which a federal highway is located is either federal property or is made available to the federal government as a federal trunk road by means of the respective designation. The formal designation is carried out based on the state road laws and the Federal Trunk Road Act. The federal government may acquire the necessary land through expropriation if private agreements for land needed for the route cannot be reached. Upon completion, entry in the land register or at least securing the usufruct rights for the benefit of the federal government takes place.
What legal particularities apply to the expansion, alteration or removal of a federal highway?
The expansion, alteration, or removal of a federal highway is subject to special procedural rules according to the Federal Trunk Road Act (FStrG) as well as the administrative procedure laws of the federal government and the states. In particular, major construction measures require a planning approval procedure, involving the participation of affected property owners, public interest bodies, and ensuring environmental compatibility. The process is formal, includes a public display of the plans, and allows affected citizens to raise objections. Measures may only be implemented once the planning approval decision is legally binding.
Under what conditions can a federal highway be downgraded or de-designated?
The downgrading (reclassification as a state or district road) or de-designation (withdrawal of road status as a federal highway) is regulated in detail in the Federal Trunk Road Act (especially §§ 4 and 7 FStrG). Such a measure may occur if the public transport interest in the federal highway’s function has disappeared or significantly decreased, for example, as a result of bypasses or new routes. The decision is made by the competent road authority in agreement with the Federal Ministry for Digital and Transport. The involvement of affected municipalities and other authorities is mandatory; in the process, the interests of adjacent property owners and third parties must be considered.
Who is liable for an accident caused by road damage on a federal highway?
In terms of liability law, the bearer of the maintenance obligation—that is, the federal government, represented by the respective state road construction administration—is responsible for ensuring road safety. If an accident is caused by road damage that was not sufficiently secured or not remedied in time, the injured party may assert official liability claims (§839 BGB in conjunction with Art. 34 GG), provided there was a culpable breach of the duty to ensure road safety. The standard is determined by reasonableness as well as the detectability and urgency of the damage. Liability is excluded, however, if the damage was unknown to the authority and could not have been detected during proper inspections.
