Road Traffic; Application for an Order to Secure a Construction Site

Construction sites on the roadway and construction sites adjacent to the roadway that may affect traffic must be secured with special precautions. These safety measures are intended to protect road users (traffic area) as well as workers, equipment, and machinery at the work site (work area).
 
The safety measure “signage” must be mandated by the road traffic authority; in the case of road construction work, by the road construction authority. The contractor responsible for the construction site must contact the road traffic authority (or road construction authority) well in advance of the start of such work and obtain instructions on how the construction site is to be cordoned off and marked, primarily with traffic signs and traffic control devices, whether and how traffic even in the event of a partial road closure, and furthermore, whether and how closed roads and detours are to be marked. Contractors are required to comply with these instructions from the road traffic authority (or road construction authority) and, to the extent that the operation of traffic signal systems is mandated, to operate them.

The signage required to secure a construction site is determined on a case-by-case basis, taking into account the specific local and traffic conditions.

Of particular importance here is the proper exercise of discretion by the road traffic authority or the road construction authority. Their orders regarding the setup and securing of construction sites through signage must, above all, be measured against the principle of proportionality. This applies to safety measures as well as to the (traffic-related) burden on third parties caused by the construction site.

Among other things, the interests of residents who are particularly dependent on the use of the road must be taken into account in this balancing of interests. This applies especially when commercial businesses are affected. Consequently, contractors must plan construction sites in such a way that their duration and spatial extent cause as little disruption to traffic flow as possible. If the road space is temporarily not required for the construction site or if circumstances allow for temporary relief of traffic congestion, this must be taken into account. Work on high-traffic roads should, whenever possible, be carried out during off-peak hours.

For construction sites that extend over a long distance, care must be taken to ensure that—in line with the progress of construction—the length and width of the construction site affecting traffic are kept as small as possible. To design the necessary signage and coordinate additional measures, road traffic authorities and road construction authorities nationwide rely on the Guidelines for Traffic Safety at Road Construction Sites (RSA). These guidelines include, among other things, standard plans for construction sites on urban streets, rural roads, and highways.

Information is available from the road traffic authorities at the district offices, independent cities, and municipalities within the districts. 

• A written request providing details on the location of the work site and the timeframe for the work
• A traffic sign plan tailored to each specific case
• Other documents that may be important in specific cases, such as a detour plan, utility line plans, permit agreements, etc.