Or. Admin. Code § 734-055-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-055-0010 - Definition of Terms

(1) "AASHTO" means American Association of State Highway and Transportation Officials. Mailing address: AASHTO, Suite 225, 444 North Capitol Street, N.W., Washington D.C., 20001.

(2) "Access Control Line" means the control line that is defined somewhere between the right-of-way line and the edge of the roadway. When there is no defined access control line, access is controlled at the right-of-way lines.

(3) "Aesthetic Quality" means those desirable characteristics in the appearance of the highway and its environment, such as harmony between or blending of natural and manufactured objects in the environment, continuity of visual form without distracting interruptions, and simplicity of designs which are desirably functional in shape but without clutter.

(4) "Applicant" means the corporation, company, firm, business, partnership, individual or individuals named in and signing the permit and to whom the permit is issued.

(5) "Buried Cable" means any and all cables, wires, conduits, pedestals and/or related fixtures authorized in the permit placed beneath the ground.

(6) "Clear Zone Area" means that portion of the roadside, within the highway right-of-way, free of nontraversable hazards and fixed objects. The purpose of such areas is to provide drivers of errant vehicles which leave the traveled portion of the roadway a reasonable opportunity to stop safely or otherwise regain control of the vehicle. The clear zone area may vary with the type of highway, terrain traversed, and road geometric and operating conditions. AASHTO standards will be applied for establishing clear zone areas for various types of highways and operating conditions.

(7) "Commission" means the Oregon Transportation Commission.

(8) "Department" means the Department of Transportation of the State of Oregon.

(9) "D.M." means District Manager or his designated representative. There are 16 Highway Districts throughout the State of Oregon.

(10) "Engineer" means the Chief Engineer or such person as he shall designate in writing.

(11) "Facility" means pole line, buried cable, pipe line, sign or miscellaneous facilities as those terms are defined in this section.

(12) "FHWA" means Federal Highway Administration.

(13) "Freeway" means a divided arterial highway for through traffic with access allowed only at interchanges.

(14) "Hardship Case" means an extraordinary case or emergency situation that environmentally and economically prohibits a utility from being located on private property.

(15) "Highway" means the public way for vehicular related facilities which are under the jurisdiction and control of the Oregon Department of Transportation.

(16) "Miscellaneous Operations" means the performance of miscellaneous operations as described in the permit.

(17) "Miscellaneous Facility" means the facility authorized by the permit, other than pole line, buried cable, pipe line or sign.

(18) "M.U.T.C.D." means Manual on Uniform Traffic Control Devices for Streets and Highways.

(19) "Permit" means a fully executed form entitled, State of Oregon, Department of Transportation, application or permit to construct pole line, buried cable, pipe line, signs, and miscellaneous operations, miscellaneous facilities, all special permit provisions included in the permit as deemed necessary by the District Manager and all attached exhibits.

(20) "Pipe Line" means any and all pipe lines, hydrants, valve boxes, manholes, conduit and/or related fixtures authorized in the permit.

(21) "Pole Line" means any and all poles, wires, guys, anchors, and/or related fixtures authorized in the permit.

(22) "Right-of-Way" means the entire width between the exterior right-of-way lines including the paved surface, shoulder, ditches and other drainage facilities in the border area between the ditches or curves and the right-of-way line.

(23) "Roadway" means the portion of a highway, including shoulders, for vehicular use.

(24) "Signs" means non-commercial signs and related fixtures authorized in the permit.

(25) "Special Provisions" means those provisions shown under the heading "Special Provisions" in the permit. In all cases of conflict between the Special Provisions and General Provisions, the Special Provisions shall govern.

(26) "Utility Facility" means privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm, water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any substantially owned or controlled subsidiary. For the purposes of these rules, the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are a part of its operating plant.

Or. Admin. Code § 734-055-0010

HC 1176, f. 9-24-68; 2HD 2-1981, f. & ef. 2-25-81; HWY 6-1989, f. & cert. ef. 10-25-89

Stat. Auth.: ORS 184 & ORS 374

Stats. Implemented: ORS 374.305