105 IAC 7-1-2 - Definitions
Authority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-20
Sec. 2.
The following definitions apply throughout this rule, 105 IAC 7-1.5, and 105 IAC 7-2:
(1) "Access"
means a location that:
(A) allows vehicular or
pedestrian traffic to cross the highway right-of-way line; and
(B) is positioned at the connection of a
driveway with the approach at the right-of-way line.
(2) "Applicant" means:
(A) a person;
(B) a partnership;
(C) a company;
(D) a corporation;
(E) an association; or
(F) an agency;
making application for a permit to perform work on an approach.
(3)
"Application" means a formally prepared request for a permit that is presented
by an applicant on a permit form to the department seeking permission to
perform work on a highway right-of-way.
(4) "Approach" means a way or place improved
for vehicular or pedestrian traffic on the highway right-of-way that joins the
pavement edge of the highway with a driveway or pedestrian walkway.
(5) "Auxiliary lane" means a portion of the
roadway adjoining the traveled way for:
(A)
parking;
(B) speed
change;
(C) turning;
(D) storage for turning;
(E) weaving;
(F) truck climbing; or
(G) other purposes.
(6) "Commercial approach" means an approach
that joins the highway with a driveway to private property used for commercial
purposes and to public property.
(7) "Crossover" means a paved or graded
crossing in the highway median that allows vehicles to cross or to turn across
the highway.
(8) "Department" means
the Indiana department of transportation acting directly or through its duly
authorized officers and agents.
(9)
"Driveway" means a way or place not on the department right-of-way that is used
for vehicles.
(10) "Expiration
date" means the last calendar day that the:
(A) valid permit is in effect; and
(B) approach must be in compliance with all
conditions of the permit.
(11) "Field approach" means an approach that
joins the highway with a driveway to private property that is:
(A) vacant;
(B) in an unimproved condition; or
(C) a farm field.
(12) "Highway" means any roadway under the
jurisdiction of the department that is designated as:
(A) a state route;
(B) a U.S. route; or
(C) an interstate.
(13) "Issue date" means a calendar day that
the permit is granted to the applicant.
(14) "Level-of-service C" has the meaning as
defined by the Highway Capacity Manual*.
(15) "Level-of-service D" has the meaning as
defined by the Highway Capacity Manual*.
(16) "Limited access facility" means a
highway especially designed for through traffic and over, from, or to which
owners or occupants of abutting land or other persons have no right or easement
or only a limited right or easement of direct access, light, air, or view by
reason of fact that their property abuts such limited access facility or for
any other reason.
(17) "Median"
means the portion of a divided highway separating the traveled way for traffic
proceeding in opposite directions.
(18) "Notice" means a certified letter from
the department addressed to the owner of the real estate stating that the
approach for a driveway emanating from the real estate is unauthorized and
providing:
(A) the approximate location of the
approach;
(B) a statement of any
substandard elements of the approach;
(C) the action to be taken by the owner;
and
(D) the deadline for completing
the prescribed action.
(19) "Peak direction" means the principal
direction of traffic flow during a selected period of time.
(20) "Permit" means a legal document in which
the department gives written permission to an applicant to perform work on the
highway right-of-way.
(21)
"Permittee" means the applicant following the issuance of a permit by the
department.
(22) "Private approach"
means an approach that:
(A) joins the highway
with a driveway to private property having:
(i) a residence;
(ii) a barn;
(iii) a private garage; or
(iv) other improvements; and
(B) is ordinarily used only by:
(i) the owner or occupant of the
premises;
(ii) guests;
and
(iii) necessary service
vehicles.
(23) "Purchased limited access" means
rights-of-way:
(A) along any highway
designated by the department to be a limited access facility; and
(B) whose access rights have been acquired by
the department.
(24)
"Right-of-way" means all land:
(A) under the
jurisdiction of; and
(B) whose use
is controlled by;
the department.
(25) "Shoulder" means that portion of the
highway right-of-way contiguous with the traveled way for:
(A) accommodation of stopped
vehicles;
(B) emergency use;
and
(C) lateral support of roadway
base and surface courses.
It is measured from the edge of pavement for traveled way or, if present, auxiliary lane to the intersection of the shoulder and fill or ditch slopes.
(26) "Street peak hour" means the hour within
a selected period of time, such as the "AM street peak (weekday)", in which
there is a maximum flow of traffic on the roadway system adjacent to a
development or proposed development.
(27) "Title evidence" means documentation in
the form of a certified search covering a period of twenty (20) years, current
title insurance, or certified letter from abstractor or title insurance agent
certifying fee simple ownership of property.
(28) "Traffic" means:
(A) pedestrians;
(B) ridden or herded animals;
(C) vehicles; and
(D) other conveyances;
either singly or together, while using any highway for purposes of travel.
(29) "Traffic control" means devices, such
as:
(A) signs;
(B) barricades;
(C) pavement markings; and
(D) signalization;
used to direct traffic in safe orderly use of the highway.
(30)
"Traffic impact analysis study" means a specialized study of the impact a given
type and size of new land use has or will have on a nearby public
transportation system, that is prepared by or under the supervision of a
registered professional engineer with experience in traffic engineering
operations.
(31) "Traffic
operations analysis study" means a specialized study of the possible traffic
safety and operational problems a proposed development may have in the
immediate vicinity of the development site due to a compromise in existing
design standards caused by the development that is prepared by or under the
supervision of a registered professional engineer with experience in traffic
engineering operations.
(32)
"Transportation improvement program" means identified projects in the program
of future projects for Indiana or political subdivisions throughout the
state.
(33) "Traveled way" means
the portion of roadway used for the movement of traffic, excluding shoulders
and auxiliary lanes.
(34)
"Unauthorized approach" means an approach that:
(A) has been constructed, reconstructed,
altered, or modified;
(B) remains
incomplete or has become substandard for any reason, such as a change in land
use; and
(C) is not approved nor
authorized to exist in its present condition, under present traffic pattern, by
the department.
(35)
"Vehicle trip generation rate" means the actual or estimated number of vehicle
trips that a specific land use or development generates or is anticipated to
generate.
*Highway Capacity Manual, Sixth Edition (2016) is hereby incorporated by reference. Copies of the Highway Capacity Manual may be obtained by writing to the Transportation Research Board, National Research Council, 2101 Constitution Avenue, NW, Washington, D.C. 20418. Copies may also be obtained from the Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, Indiana 46204.
Notes
NOTE: Transferred from Department of Highways ( 120 IAC 2-1-2.1 ) to Indiana Department of Transportation ( 105 IAC 7-1-2 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
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