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(a) The department may restrict the use of, or close, any highway whenever the department considers such closing or restriction of use necessary
(1) for the protection of the public; or
(2) for the protection of such highway from damage during storms, floods, thawing conditions or during construction or maintenance operations.
(b) The department will provide traffic guidance in case of restriction or provide suitable detour as soon as possible to minimize traffic delay.
(c) To notify the public that a highway is closed, or its use has been restricted, the department may
(1) erect suitable barriers or obstructions at such locations upon the highway as will best serve the purpose;
(2) post warnings or notices of the condition of any such highway;
(3) post signs for the direction of traffic upon it, or to or upon other highway or detour open to public travel;
(4) place warning devices upon such highways;
(5) assign a flagman to warn, detour or direct traffic on such highway.
(d) Nothing within the above shall be construed to create any liability upon the state or any officer, employee, agent, or contractor of the state for failure to provide any or all of the above notices; however, willful failure or neglect to provide the notice shall be the subject of disciplinary action.
(e) Except in sudden emergencies, the department shall notify the nearest state police unit before closing or restricting the use of any highway, or before diverting traffic to any other highway or detour, in the manner provided in the preceding sections; whenever possible, such notice shall be in writing.
(f) Whenever required by sudden emergency, to protect the traveling public or to prevent or mitigate damage to public property, or to prevent or mitigate damage to private property for which the department might be held responsible, the department may, acting by or through its senior officer, or employee actually at the vicinity of the emergency, enter into contracts for the leasing or renting of tools or equipment needed for such highway emergency purposes. Such contracts shall be in writing, but shall be preceded by a memorandum of intent with a brief explanation of the nature of the sudden emergency, labor and equipment required, estimate of time required and the purpose for which labor, tools and equipment are needed.
History: Eff. 6/25/69, Register 30; am 11/16/83, Register 88
Authority: AS 19.05.020
Editor's note: The source of subsection (a) is former 14 AAC 2.399. The source of subsections (c) and (d) is former 14 AAC 2.400. The source of subsections (e) and (f) is former 14 AAC 2.401 - 2.402.
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Last modified 7/05/2006