17 AAC 20.015 - Highway event permits
(a) A person who wishes to sponsor an event
that requires the use of a highway right-of-way for a walk, run, bicycle tour
or race, wheelchair tour or race, athletic contest, or other similar event may
apply to the department for a highway event permit by submitting to the
department a completed highway event permit application. Except for an event
anticipated to have less than 100 participants under (d) of this section, the
applicant shall submit the application to the department representative
specified on the application together with a nonrefundable $100 application
fee. A person issued a highway event permit under this section need not seek
any other department permit to use the highway right-of-way or highway
facilities. An application must be completed and signed by the event sponsor
and must include the following:
(1) a
description of the event, including the proposed route, type of event, event
schedule, and number of participants anticipated;
(2) a traffic control plan that considers the
risks presented by the event to participants and the public, including the
traveling public, and the steps that will be taken to protect event
participants and the public from these risks;
(3) if the highway right-of-way or highway
facilities sought to be used lie within a municipality, documentation that the
applicant has sought each permit or authorization, if any, that the
municipality requires for the event;
(4) documentation that the applicant has
notified each state and municipal police agency that has jurisdiction over all
or part of the area in which the event is to occur.
(b) The traffic control plan prepared under
(a)(2) of this section shall be prepared and implemented in accordance with the
relevant provisions of the Alaska Traffic Manual,adopted by
reference in
17 AAC 20.950.
(c) Within 30 days after the date that the
department receives a correctly completed application submitted under (a) of
this section, the department will review the application and any concerns
raised by a state or municipal police agency that has jurisdiction over all or
part of the area where the event is to occur, and the department will send a
written determination to the applicant informing that person whether the
department will grant the request for a highway event permit. The department
will grant the request if the department determines that the event as proposed
will not pose an unreasonable risk to event participants or to public
safety.
(d) If an applicant
anticipates the event to have less than 100 participants, the applicant shall
submit a completed highway event permit application to the department
representative specified on the application. The department will not charge an
application fee. The application must include the items required by (a)(1), (3)
and (4) of this section. Within 30 days after the date that the department has
received a correctly completed application, the department will review the
application and send a written determination to the applicant informing that
person whether the department will grant the request for a highway event
permit. The department will grant the request if the department determines that
the event as proposed will not pose an unreasonable risk to event participants
or to public safety.
(e) An
applicant aggrieved by the denial of a permit under (a) or (d) of this section
or permit conditions imposed under (f) of this section may appeal under 17 AAC
85.
(f) The department may issue a
highway event permit subject to conditions that the department considers to be
in the state's best interest or to be necessary to protect the traveling
public, including the following:
(1) the
applicant must erect upon the highway temporary barriers of a type and at
locations that the department considers will best protect the public;
(2) the applicant must post signs, warning
devices, or notices of the event; those signs, warning devices, or notices must
be of a type, and must be placed at locations that the department considers
will best protect the public;
(3)
the applicant must post signs for the direction of traffic; those signs must be
of a type, and must be placed at locations that the department considers will
best protect the public;
(4) the
applicant must assign a flagger as the department considers necessary to warn,
detour, or direct traffic on the highway;
(5) the applicant must take any additional
steps that the department considers necessary to maximize safety for event
participants and the traveling public while minimizing delay to the traveling
public;
(6) the applicant must
agree to provide, consistent with state law, proof of insurance in a form and
amount acceptable to the department to provide indemnification as described in
(7) of this subsection, with the state and its officers, agents, and employees
listed as additional insureds;
(7)
the applicant must agree to indemnify and hold harmless, consistent with state
law, the state and its officers, agents, and employees for any third-party
claims arising from the event;
(8)
the applicant must agree, consistent with state law, to waive any claims it may
have against the state and its officers, agents, and employees arising from the
event.
(g) The
department may negotiate an agreement with a municipality, regarding the
issuance of highway event permits under this section, that allows the
municipality to issue highway event permits that include state highways, if the
permits the municipality issues are in substantial compliance with this
section, and require a permittee to agree, consistent with state law, to
indemnify, defend, and hold harmless the state and the state's officers,
agents, and employees for any claims that arise from the event occurring under
the permit.
Notes
Authority:AS 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.20.060
AS 44.42.030
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.