TRAFFIC NOISE
3.1.2.2 16th Federal Immission Control Ordinance: Traffic Noise Ordinance

The Traffic Noise Ordinance (16th Federal Immission Control Ordinance/16. BImSchV) is applied to the construction or major alteration of public roads and railways. An alteration is "major" if a road is enlarged by one or more continuous lanes (the same applies to railway tracks) or if the rating level for traffic noise from a transport route increases by at least 3 dB(A) or to at least 70 dB(A) during the day and at least 60 dB(A) during the night as a result of significant building measures. An alteration is also "major" if an existing level of traffic noise of at least 70 dB(A) during the day or 60 dB(A) during the night is still increased through significant building measures (this does not apply to commercial areas).

Smaller building measures, like the construction of a traffic island or the alteration of road markings, represent no significant building measures in the meaning of the ordinance.

The calculation of the rating levels is based on RLS-90 and Schall 03 for railways. The ordinance refers to special methods of calculation by the German Federal Railways (Akustik 04) for extensive railway installations on which cargo trains are assembled or disassembled on a large scale. (Note: The revision of Schall 03 will lead to an integration of Akustik 04.)

The Traffic Noise Ordinance determines within its scope the immission limit values listed in table 3/3 to protect the neighbourhood from harmful environmental impacts caused by traffic noise. If the limit values are exceeded, those affected have a legal right to noise abatement measures. Active noise protection measures, like low-noise road surfaces and noise protection walls and barriers, shall have priority. If this is not possible or if "the costs of the protective measure would not be commensurate with the desired protection goal" (§ 41 para. 2 of the Federal Immission Control Act), passive noise protection measures (e.g. soundproof windows) must be realized at the concerned buildings. Nature and extent of the necessary sound-proofing measures for rooms requiring protection in buildings are determined by the Ordinance on Road Noise Protection Measures (24th Federal Immission Control Ordinance).

Table 3/3:  Immission limit values pursuant to the 16th Federal Immission Control Ordinance (in dB(A))

If the protected use is restricted to daytime or nighttime, only the limit value valid at this time is to be applied.

In the case of railway traffic, please note that the still designated deduction of 5 dB (railway bonus) does not apply to railways on which cargo trains are assembled or disassembled on a large scale. This bonus is going to be repealed by 1 January 2015 (in 2019 for trams) (see section 3.1.2.5).