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.

History: Eff. 3/1/2002, Register 161

Authority: AS 19.05.010

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