DAR File No. 39095
This rule was published in the February 15, 2015, issue (Vol. 2015, No. 4) of the Utah State Bulletin.
Transportation, Operations, Traffic and Safety
Special Road Use or Event
Notice of 120-Day (Emergency) Rule
DAR File No.: 39095
Filed: 01/28/2015 03:26:34 PM
Purpose of the rule or reason for the change:
The United States Court of Appeals, Tenth Circuit, ruled parts of Rule R920-4 unconstitutional in IMATTER UTAH v. NJORD, 2014 WL 7240717 (2014). This change is to remove the portions of Rule R920-4 the court ruled unconstitutional.
Summary of the rule or change:
This rule change allows persons and groups applying for special event permits under this Rule R920-4 shall be exempt from the insurance, waiver and release of damages, and indemnification requirements of Section R920-4-5, if the special event for which application is made is a First Amendment assembly and is for a non-commercial purpose.
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
Justification: In its present form, portions of Rule R920-4 violate the Constitution of the United States and the state of Utah. The rule must be changed to eliminate unlawful requirements that it presently includes.
State statutory or constitutional authorization for this rule:
- Section 41-6a-1111
- Section 41-22-15
- Section 72-1-201
Anticipated cost or savings to:
the state budget:
The emergency change should not impact the state budget, as it simply removes unconstitutional provisions.
The emergency change should not impact local government, as it simply removes unconstitutional provisions.
The emergency change should not impact small business, as it simply removes unconstitutional provisions.
persons other than small businesses, businesses, or local governmental entities:
The emergency change should not impact persons other than small businesses, businesses, or local government entities, as it simply removes unconstitutional provisions.
Compliance costs for affected persons:
Affected persons should experience a reduction in compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
This emergency rule change in necessary to eliminate aspects of Rule R920-4 that the 10th Circuit Court of Appeals ruled to be unreasonable prior restraints on persons and groups seeking to organize and participate in peaceful First Amendment assemblies on or near State controlled rights of way. I do not anticipate the change will have any fiscal impact on Utah businesses.
Carlos Braceras, 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:
- James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at email@example.com
This rule is effective on:
Carlos Braceras, Executive Director
R920. Transportation, Operations, Traffic and Safety.
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.
S]pecial 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
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
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-, 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: January 29, 2015
Notice of Continuation: August 1, 2012
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201
More information about a Notice of 120-Day (Emergency) Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.