The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

HIGHWAY DIVISION





 

DIVISION 56
SPECIAL EVENT PERMITS

 
734-056-0010
Purpose
OAR 734-056-0010 through 734-056-0050 establish statewide criteria for issuing permits for conducting bicycle races and special events on a state highway right-of-way.
Stat. Auth.: ORS 184.619, ORS 810.020, ORS 810.030 & ORS 810.090

Stats. Implemented: ORS 810.020, ORS 810.030 & ORS 810.090

Hist.: HWY 4-1997, f. & cert. ef. 4-23-97
 
734-056-0020
Definitions
As used in OAR 734-056-0010 through 734-056-0050, the following definitions apply:
(1) "Applicant" means the individual or individuals, corporation, company, firm, business, partnership or agency named in and signing the permit and to whom the permit is issued.
(2) "Bicycle Race Permit" means a fully executed Form 734-2214, entitled "State of Oregon, Department of Transportation, Application for Bicycle Race Permit," all special permit provisions included in the permit as deemed necessary by the District Manager and all exhibits, including any provisions of OAR Chapter 734, Division 055.
(3) "Bicycle race" means any sanctioned, competitive or timed-bicycle event.
(4) "Department" means the Department of Transportation of the State of Oregon.
(5) "District Manager" means the person in charge of each of the Highway Districts established by the Department throughout the State or the District Manager's designated representative.
(6) "Filming activity" means any film, video tape or still photography, including but not limited to movie and commercial filming.
(7) "M.U.T.C.D." means "Manual on Uniform Traffic Control Devices for Streets and Highways."
(8) "Permit" means a fully executed Form 734-3457, "State of Oregon, Department of Transportation, Application and Permit to Occupy or Perform Operations Upon a State Highway," all special permit provisions included in the permit as deemed necessary by the District Manager and all attached exhibits, including any provisions of OAR Chapter 734, Division 055.
(9) "Right-of-way" means the entire width between the exterior public property line including the paved roadway, surface, shoulder area, ditches and other drainage facilities.
(10) "Special event" means any planned activity that brings together a community or group of people for an expressed purpose, including, but not limited to, parades, bicycle races, road runs and filming activity, that may result in total or partial closure of state highway or state highway sections.
(11) "Spokesperson" means the individual chosen by an applicant group to represent the group.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 184.619, ORS 810.020, ORS 810.030 & ORS 810.090

Stats. Implemented: ORS 810.020, ORS 810.030 & ORS 810.090

Hist.: HWY 4-1997, f. & cert. ef. 4-23-97
 
734-056-0030
Requirements for Permit Application and Issuance
(1) No special event shall be held on a highway right-of-way without an approved Bicycle Race Permit or Permit.
(2) Application for a Bicycle Race Permit or a Permit for a special event shall be made at least 60 days prior to the event, except for filming activity. Application for a Permit for filming activity shall be made at least five working days prior to the filming activity. The District Manager may waive this 60-day of five-day requirement under special conditions.
(3) To obtain a Bicycle Race Permit or Permit the applicant shall:
(a) Apply in writing to the District Manager for the district that holds jurisdiction over the location where the special event is proposed to be held. If the special event or race will cross district boundaries, applications must be made to all applicable District Managers. The application shall be made on an Application and Permit to Occupy or Perform Operations Upon a State Highway, Form 734-3457, unless the special event is a bicycle race. Application for a permit for a bicycle race shall be made on an Application for Bicycle Race Permit, Form 734-2214;
(b) Obtain and submit with the application written permission from any city, county, other public agency or chamber of commerce that has regulatory authority over, or that is sponsoring, promoting or endorsing the special event;
(c) Submit a description of the special event stating all information pertinent to an understanding of the special event, including a map showing the roadways on which the special event will be held; and
(d) Submit a traffic control plan that complies with current M.U.T.C.D. standards and Oregon supplements.
(4) Traffic control, as required in the Bicycle Race Permit or Permit, shall be at the expense of the applicant. The applicant is responsible for notifying local jurisdictions, including police agencies, for their assistance before, during and after a special event. All local jurisdictions and police agency requirements must be met for ODOT to approve the special event.
(5) An applicant for a Bicycle Race Permit must comply with the current Department of Transportation "Guidelines for Administration of Bicycle Racing on Oregon Roads."
(6) A Bicycle Race Permit or a Permit may be issued when:
(a) Conditions assure reasonable safety for all special event participants, spectators and other highway users;
(b) The special event does not unreasonably interfere with traffic flow which would seriously inconvenience other highway users; and
(c) The special event or race is supported by public policy, clearly a benefit to the public, or has widespread public and local government support.
(7) Each District Manager may develop Permit Guidelines and Special Provisions that address specific traffic conditions and geographic issues for their specific areas of authority.
(8) Other Oregon Administrative Rules prohibiting specific activities will not apply when a permit is issued under this rule.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 184.619, ORS 810.020, ORS 810.030 & ORS 810.090

Stats. Implemented: ORS 810.020, ORS 810.030 & ORS 810.090

Hist.: HWY 4-1997, f. & cert. ef. 4-23-97
734-056-0040
Cancellation of a Permit
(1) The District Manager may cancel a Bicycle Race Permit or Permit issued a special event for any reason, including, but not limited to, weather conditions, safety considerations, in emergencies (i.e., fire, accidents) or failure of the applicant to comply with the terms of the permit. Cancellation shall be issued in writing, except as provided in section (2) of this rule. Such cancellation may be cause to deny future Bicycle Race Permits or Permits for special events to the applicant.
(2) Cancellation may be verbal and shall be followed by written confirmation of the verbal cancellation.
Stat. Auth.: ORS 184.619, ORS 810.020, ORS 810.030 & ORS 810.090

Stats. Implemented: ORS 810.020, ORS 810.030 & ORS 810.090

Hist.: HWY 4-1997, f. & cert. ef. 4-23-97
 
734-056-0050
Liability and Control
(1) An applicant shall be responsible and liable for all damage or injury to any person or property resulting from the special event for which the permit is issued. The applicant may have to provide satisfactory insurance coverage. The applicant shall indemnify and hold harmless the State of Oregon, the Commission, the Department, its agents and employees against any and all damages, claims, demands, actions, causes of action, costs and expenses.
(2) Signs not conforming to M.U.T.C.D. with Oregon supplements or from the Department Sign Policy and Guidelines for the State Highway System are unauthorized upon any portion of the right-of-way. When traffic control is required by the District Manager to provide warning of the bicycle race or special event such signs shall be placed and maintained at the cost of the applicant in compliance with M.U.T.C.D. or authorized traffic control plan.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 184.619, ORS 810.020, ORS 810.030 & ORS 810.090

Stats. Implemented: ORS 810.020, ORS 810.030 & ORS 810.090

Hist.: HWY 4-1997, f. & cert. ef. 4-23-97 




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