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Establishment of a road connection

legal background:

Section 39(1) of the Road Traffic Act provides that: “A road connection requires the consent of the public road operator”.

According to the definition in Section 47 of the Road Traffic Act, a road connection is the connection of a road, the area of a vehicle traffic facility (e.g. a petrol station) or the area of a road for the access of vehicles from a property adjacent to a road to a road.

Note:

Direct connections to roadside properties on highways and motorways are not allowed.

filing an application:

Section 6(1) of ITM Decree 26/2021 (VI. 28.) on road administration provides for the content of the application for the consent of the public road operator for the use of the road area. According to this, the following details must be provided:

  • location of use (municipality, parcel number, expressway number and km section; we recommend using the http://mkif.hu/terkep/, https://kira.kozut.hu and https://utszamkereso.kozut.hu websites for identification)
  • the designer’s chamber number(s), licence(s) or designer’s declaration
  • the name and address of the person requesting the consent, in whose interest the request is made (in the case of a natural person: name, address, telephone number, e-mail address; in the case of a legal person: name, registered office, company registration number, telephone number, e-mail address)
  • the name and contact details of the person responsible for ensuring compliance with the conditions of the public road operator’s consent; and
  • the owner and operator of any structure or other facility located on, under or over the public road as a result of the use and their contact details.

Please submit the application for public road operator’s consent by post to MKIF Hungarian Concession Infrastructure Development Plc. (2040 Budaörs, Akron utca 2., Hungary) or digitally in pdf format to [email protected].

annex:

Minimum annexes to be submitted pursuant to Section 6(2) of ITM Decree 26/2021 (VI. 28.):

  • the plan (site plan, sketch, technical description) indicating the use,
  • a longitudinal or cross-sectional plan of the road section concerned, indicating the drainage solution, if this is necessary for the assessment of the application,
  • a traffic management plan for all phases of the works, including the temporary traffic regime during the periods when work is suspended (periods outside working hours, rest days).

In addition to the above, according to Section 6(3) of ITM Decree 26/2021 (VI. 28.), the plans must also include the following:

  • drainage in the area of the road connection,
  • expected traffic data for the connecting road,
  • the longitudinal section and pattern cross-section of the connecting road, and
  • list of road signs on the connecting road, traffic engineering plan

administrative time limits:

According to Section 6(2) of ITM Decree 26/2021 (VI. 28.) and Section 39(6) of the Road Traffic Act, the public road operator shall decide on the application within 21 days of receipt, which may be extended by the public road operator once by a maximum of 10 days.

The public road operator shall refuse consent if the planned use would result in a significant deterioration of the condition of the road, would cause serious damage to or would endanger the safety and continuity of road traffic, and this cannot be avoided by setting the conditions for use, and if the use would interfere with the performance of the public road operator’s maintenance and operational tasks or the implementation of its network development and modernisation plans and programmes.

Validity of the public road operator’s consent: 2 years