No. 41924 (5-year Review): Rule R920-4. Special Road Use or Event

DAR File No.: 41924
Filed: 07/12/2017 03:53:20 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 72-1-201 authorizes the Department to make rules for the administration of the department, state transportation systems, and programs. Section 72-1-212 requires the Department to make rules that are not inconsistent with this chapter or the constitution and laws of this state or of the United States governing the issuance of a special use permit to maintain public safety and serve the needs of the traveling public. The Traffic Code prohibits bicycle racing on highways. Section 41-6a-1111 provides an exception to the rule prohibiting bicycle racing on highways if a highway authority takes steps to assure reasonable safety for all race participants, spectators, and other highway users, prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. Section 41-6a-1111 implies authority to the Department to make and continue this rule.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule. However, parts of the rule were determined to be unconstitutional by the federal district court in Imatter Utah, et al., v. Njord, 774 F.3d 1258 (2014). The rule was subsequently amended effective 01/07/2016 to overcome the constitutional failings identified in Judge Shelby's decision. The Department did not receive any comments during the proposed amendment's 30-day comment period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule regulates the public's use of state highways for special events such as parades, road races, protests, demonstrations, film-related activities, and other non-transportation related uses. The rule attempts to maximize the the public's access to roads for special events while minimizing the cost to the state and protecting the safety and well-being of those participating in the special events and the traveling public. This rule serves a critical and worthwhile purpose and therefore, must be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]

Effective:

07/12/2017

Authorized by:

Carlos Braceras, Executive Director

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