No. 36948 (Repeal and Reenact): Rule R920-4. Special Road Use

(Repeal and Reenact)

DAR File No.: 36948
Filed: 10/15/2012 04:22:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to ensure public safety is adequately maintained in relation to any special events taking place within any highway under the jurisdiction of the Utah Department of Transportation ("Department"). This rule explicitly prescribes the process the Department uses to ensure vehicular, bicycle, and pedestrian traffic conflict points are minimized. It also ensures that special events create the least amount of disruption to the traveling public while setting forth minimum liability protections for all involved parties. In effect, this rule is designed to enable special events through a responsible and controlled permitting process. The last substantive rule update was more than 25 years ago, rendering much of the existing language obsolete. The thrust of the changes being proposed here are geared towards improving public education, permitting awareness, and program transparency.

Summary of the rule or change:

Changes to the rule include: adding a purpose and authority section, updating form names to reflect current form naming conventions, adding a reference to "film-related events", removing "DOT" reference and replaces with "the Department," adding additional process transparency by adding completion requirements for Waiver and Release of damages and Indemnification forms, providing a conflict resolution process where double booking problems might surface, expanding on record retention responsibilities for Department forms, explicitly noting the minimum required liability coverage requirements, adding references to related Rules R920-1 and R930-6, updating obsolete statutory references, expanding on traffic control requirements, outlining public notification requirements, advising on contingency plan development and participant notification requirements, explaining event route identification and private property use requirements, and including provisions to ensure applicable municipal, county, or other governmental agency permits are acquired.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 41-6a-1111
• Section 41-22-15

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the rule only prescribes the requirements for special road uses or events on routes under the jurisdiction of the Department and requires applicants to pay a fee and provide liability insurance.

local governments:

There is no anticipated cost or savings to local government because the rule only prescribes the requirements for special road uses or events on routes under the jurisdiction of the Department.

small businesses:

There is no anticipated cost or savings to small businesses because the rule only prescribes the requirements for special road uses or events on routes under the jurisdiction of the Department, except for small businesses applying for a Special Use or Event Permit whose costs are described as compliance costs for affected persons.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities, except for compliance costs for affected persons, because the rule only prescribes the requirements for special road uses or events on routes under the jurisdiction of the Department.

Compliance costs for affected persons:

Compliance costs for affected persons include the Special Event Permits fee, as listed within H.B. 2 New Fiscal Year Supplemental Appropriations Act (2012 General Session) (see line 2343 on p.64) which is $30. Due to the significant life-safety hazards inherent with allowing pedestrians, or bicycles, in close proximity to moving vehicular traffic, the rest of the costs associated with obtaining a special event permit are directly related to preventative traffic control measures and liability insurance coverage. This amendment seeks to explicitly disclose the Department's existing practice of requiring minimum liability insurance coverage of $1,000,000 per occurrence and $2,000,000 in aggregate (per permitted event). Insurance rates may vary widely based on a number of factors including, but not limited to market conditions, size, scale, scope, location, dates, duration, number of anticipated participants, credit rating, etc. These are considered external cost factors, which the Department does not have direct control over, and, therefore must be deliberated by the applicant prior to applying for a special event permit. These external costs must be borne by the applicant; otherwise the Department would be effectively subsidizing special events, which is not within the program mandate, or a part of the Department's strategic performance measures. Although difficult to universally quantify, the specified minimum liability insurance coverage requirements tend to average around $300 to $500 for an averaged sized special event. For larger events, typical liability coverage insurance average less than $1 per participant.

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impacts to businesses applying for a Special Use or Event Permit are the same as those described as compliance costs for affected persons and include the Special Event Permits fee, as listed within H.B. 2 (2012 General Session) the New Fiscal Year Supplemental Appropriations Act (see line 2343 on p.64) which is $30. Due to the significant life-safety hazards inherent with allowing pedestrians, or bicycles, in close proximity to moving vehicular traffic, the rest of the costs associated with obtaining a special event permit are directly related to preventative traffic control measures and liability insurance coverage. This amendment seeks to explicitly disclose the Department's existing practice of requiring minimum liability insurance coverage of $1,000,000 per occurrence and $2,000,000 in aggregate (per permitted event). Insurance rates may vary widely based on a number of factors including, but not limited to market conditions, size, scale, scope, location, dates, duration, number of anticipated participants, credit rating, etc. These are considered external cost factors, which the Department does not have direct control over, and, therefore must be deliberated by the applicant prior to applying for a special event permit. These external costs must be borne by the applicant; otherwise the Department would be effectively subsidizing special events, which is not within the program mandate, or a part of the Department's strategic performance measures. Although difficult to universally quantify, the specified minimum liability insurance coverage requirements tend to average around $300 to $500 for an averaged sized special event. For larger events, typical liability coverage insurance average less than $1 per participant.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

John Njord, Executive Director

RULE TEXT

R920. Transportation, Operations, Traffic and Safety.

[R920-4. Permit Required for Special Road Use or Event.

R920-4-1. Special Road Use.

UDOT shall promote safe utilization of highways for parades, marathons, and bicycle races. Special Road Use permits shall be required for any use of state routes other than normal traffic movement. Permits may be obtained by fulfilling requirements of DOT form "Special Road Use Permit". Policy applies to all routes under jurisdiction of DOT. Permittee shall hold DOT harmless in event of litigation. A traffic control plan, in accordance with latest edition of the Manual on Uniform Traffic Control Devices and Barricading and Construction Standard Drawings, shall be provided to, and approved by Dept. District Traffic Engineer or Permittee shall restore the particular road segment to its' original condition, free from litter, etc. All applications for permits shall be made a minimum of 15 days prior to the specified activity.]

R920-4. Special Road Use or Event.

R920-4-1. Purpose and Authority.

The purposes of this rule are to ensure public safety and minimize disruption to the traveling public when state controlled rights of way are used for parades, marathons, film related activities, and bicycle races, and to enable special events through a responsible and controlled permitting process. This rule is authorized by Sections 72-1-201 and 41-6a-1111. This rule applies to all highways under the jurisdiction of the Utah Department of Transportation ("Department").

 

R920-4-2. Permit Required for Special Road Use or Event.

Special Road Use permits shall be required for any use of state highways other than normal traffic movement. A special road use or event shall not occupy the roadway until a permit is issued. Permits may be obtained by completing Department application requirements as specified on Department forms.

 

R920-4-3. Application Completion Requirements for Special Road Use or Event.

"Application for a Special Event Permit," or "Application for a Permit to Film on State Roads" shall be completed by the applicant seeking a Special Road Use or Event Permit. All applications for permits shall be made a minimum of 15 days prior to the specified activity.

 

R920-4-4. Special Event Double Booking Conflict Resolution.

Special event permits may not be accepted more than a year in advance of the actual event date. All special event permits are time and date stamped. In cases where a double booking type conflict might surface, the Department will encourage any secondary, or subsequent, applicant to review the feasibility of collocating with the original applicant. If collocating proves impracticable, the Department will encourage any secondary, or subsequent, applicant to offer a viable alternative strategy that meets the needs of all applicants, while also ensuring adequate public safety measures remain intact. The Department may also rely on local agency assistance with establishing special event permitting priorities. In all cases, the Department has the authority to exercise the discretion in giving priority consideration to an applicant based on an evaluation of historic use, potential economic benefit, and other relevant factors. In cases where none of the aforementioned conflict resolution strategies prove effective in remedying a continuing dispute between multiple applicants, the Department reserves the right to determine which special event permit will be issued based on the earliest recorded application time and date where the Department has determined the applicant has fully completed all application requirements.

 

R920-4-5. Minimum Liability Coverage, Waiver and Release of Damages Form, and Indemnification Form Completion Requirements.

The applicant shall obtain and provide proof of liability insurance at time of application naming the "State of Utah, the Department and its employees" as additional insured under the certificate, with a minimum $1,000,000 coverage per occurrence and $2,000,000 in aggregate. The applicant shall complete the appropriate "Waiver and Release of Damages" and "Indemnification" forms prior to permit issuance. All event participants shall also complete the "Waiver and Release of Damages" form prior to participating in the permitted event.

 

R920-4-6. Waiver and Release of Damages Exception.

Participants in a free speech event on state rights of way are not required to sign or submit the "Waiver and Release of Damages" form described in R920-4-5, however the applicant of a free speech event is still required to complete the "Indemnification" form prior to permit issuance.

 

R920-4-7. Applicant Record Retention Requirements.

Where multiple participants are involved in the special road use or event, the applicant is responsible for ensuring each event participant completes the appropriate "Waiver and Release of Damages" and "Indemnification" form prior to participating in the event. The originating applicant is the custodian of all signed participant waivers, as specified in R920-4-4, and shall produce these upon demand for inspection and review by the Department at any time within 12 months after the completion of the event. The Department may also require the originating applicant to sign the original forms, as specified in R920-4, prior to permit issuance.

 

R920-4-8. Traffic Control Requirements and Considerations.

All traffic control is the responsibility of the applicant. A traffic control plan, in accordance with R920-1, R930-6 and Barricading and Construction Standard Drawings, shall be provided to, and approved by the District Traffic Engineer, or other authorized Department designee. The applicant shall restore the particular road segment to its original condition, free from litter, etc. An alternate route may be required when traffic volumes are high, active road construction is present, an alternate event is already occupying the road, a safer route can accommodate the event, or the event poses a significant inconvenience to the traveling public. Road closures will require traffic control by Uniformed Peace Officers. The Department may require local police, the sheriff's department, the highway patrol, or the Department's Incident Management Team to inspect and monitor traffic control. All railroad crossings and bridges shall be given special attention. The applicant shall coordinate with the appropriate railroad representatives to ensure the event schedule does not conflict with the operation of the railroad.

 

R920-4-9. Public Notification Requirements.

As determined by the Region Permit Officer, the applicant shall distribute a news release to all local radio stations, television stations, and newspapers that announce the event and advise residents of alternate routes and potential delays. The news release shall include the date, times, affected roads, and shall also include an estimate of the anticipated length of delay.

 

R920-4-10. Contingency Plan and Participant Notification Requirements.

The applicant is required to develop plans for, and notify, each event participant on the following contingencies; emergency plans in the event of an accident or injury, closest hospitals, how to obtain emergency assistance, etc., locations of rest areas, locations of water facilities, trash cleanup plans, and that all participants are required to obey all traffic laws, lights, and signs.

 

R920-4-11. Event Route Identification and Private Property Use Requirements.

The applicant shall provide a detailed map showing the proposed course and direction of the event. Locations of parking areas, water stations, toilet facilities, and other appropriate information shall also be included on the map. These areas cannot be located within the state right-of-way. The applicant is responsible for obtaining appropriate permission to locate these facilities on private property.

 

R920-4-12. Adherence to Municipal, County, or other Governmental Agency Permitting Requirements.

The applicant is responsible for obtaining any applicable city, county, or other governmental agency permit. Demonstration of compliance with R920-4-12 may be required prior to the Department issuing any special road use or event permit.

 

KEY: parades, bicycle, races, films

Date of Enactment or Last Substantive Amendment: [1987]2012

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: 41-6a-11[4]11 ; 41-22-15; [41-6-87.9]72-1-201

 

---