Transportation, Operations, Traffic and Safety

Rule R920-4

Permit Required for Special Road Use or Event

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36612
Filed: 08/01/2012 04:22:17 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:

This rule is authorized under the general grant of rulemaking authority found in Section 72-1-201 and is enacted to establish permitting procedures for special road uses, like races and organized events as anticipated in Sections 41-22-15, 41-6a-1111, and 41-6a-1602. The rule is enacted to ensure public safety, minimize disruption of traffic, and enable special events through a responsible and controlled permitting process.

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

A group sued UDOT over requirements to provide traffic control and an insurance bond to hold an event on a state route. IMatter filed a Motion for Temporary Restraining Order (TRO) to stop UDOT from enforcing its insurance requirement. IMatter claimed that its free speech was being violated because of the cost for the insurance and wanted the state to incur the costs for traffic control. A hearing was held on the TRO in federal district court. The judge ruled that the imposition of the insurance requirement was not an infringement of their free speech because alternative forums were available without any cost. Other federal circuit decisions supported UDOT's position. In addition, the group did not make any attempt to raise money. Because of this lawsuit, UDOT reviewed the waiver and the waiver was found to be too broad. As a result, the waiver was subsequently revised.

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

The principle intent of this rule is to ensure public safety is adequately maintained in relation to any special events taking place within the state controlled right of way. This rule explicitly prescribes the process the state uses to ensure vehicular 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. Therefore, this rule should be continued. An amendment to this rule will be proposed as a result of this review.

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

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 [email protected]

Authorized by:

John Njord, Executive Director

Effective:

08/01/2012