Or. Admin. Code § 734-058-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 734-058-0030 - Requirements for Permit Application and Issuance

(1) The DM may grant permission for a Pedestrian Activity on a state highway by way of a Permit issued under the authority of Division 58 rules. A Permit is not necessary for pedestrians meeting the requirements for proper positioning and proper proceeding along a highway under ORS 814.070(1).

(2) Application for a Permit must be made at least 30 days but not more than 180 days prior to the planned activity date. Only one Permit will be issued for any particular location and date. If more than one application is received for a particular location and date, the successful Applicant will be selected based on the date of the first complete application received. Permits may be issued for up to three (3) consecutive calendar days.

(3) To obtain a Permit the Applicant shall:

(a) Apply in writing to the DM that has authority over the location where the Pedestrian Activity is proposed to be held. The application shall be made on an Application and Permit for Pedestrian Activities on a State Highway, Form 734-2708;

(b) Obtain and submit with the application written confirmation from the city, when the state highway is within the city limits, that the Pedestrian Activity does not violate city ordinances; and

(c) Provide a description of the Pedestrian Activity stating all information pertinent to an understanding of the activity and as may be requested by the DM, including a drawing showing the roadways on which the activity will be held.

(4) The Pedestrian Activity shall only be conducted during day light hours, when no adverse road conditions such as snow or ice exist, when there is no roadway construction, and the location is where traffic would otherwise stop as a result of an established official traffic control device such as a traffic signal or stop sign.

(5) The DM may use information provided by the Applicant as well as other information, such as traffic data and accident history, available to the DM when determining whether the Applicant has met the following requirements, and will only issue a Permit when it has been determined that:

(a) The location selected by the Applicant to conduct the activity will be reasonable and will avoid adverse impacts to traffic safety and the operation and maintenance of the highway; and

(b) The location selected by the Applicant will provide for a safe and unimpaired use of the highway, taking into consideration sight distance and roadway geometry.

(6) The DM may deny issuing a Permit:

(a) When the Applicant has failed to comply with Permit provisions on previous Permits;

(b) If the Applicant has conducted activities on state highway Right of Way without a Permit;

(c) When it is in the best interest of the public for protection of the highway and the traveling public;

(d) When the Applicant is not in compliance with ORS 814.070 or division 58 rules; or

(e) When the application is deemed by the DM to be incomplete.

(7) Permit provisions may be written by the Department and included with the Permit. Permit provisions may include General, Standard, and Special Provisions. Once received, should there be any questions about these provisions, Applicant shall, prior to beginning activity, contact the DM in writing and attempt to reach resolution of its questions. After 30-days of issuance of the Permit or upon commencement of the activity, whichever occurs first, the Permit provisions are deemed accepted by Applicant.

(8) An application is not a Permit until a copy of it, approved and signed by the DM, is furnished to the Applicant. No activities are to occur on highway Right of Way until the Applicant has obtained a valid Permit. The approved Permit must be physically present at the activity site when the activity is being performed. The Permit shall be available to the DM or law enforcement personnel upon request.

Or. Admin. Code § 734-058-0030

HWD8-2008, f. &cert. ef. 8-26-08

Stat. Auth.: ORS 184.616, 184.619 & 814.070

Stats. Implemented: ORS 814.070