reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 4 - AUTHORITY OF PRESIDING OFFICER › Section 13b-17-145a - Prehearing conferences

Current through July 10, 2024
(a) The commissioner may on motion or on his own initiative and prior to a hearing, schedule and hold a prehearing conference among the parties and intervenors and the representatives thereof to:
(1) Clarify and simplify factual and legal issues in dispute;
(2) Rule on stipulations of facts and evidence;
(3) Pre-mark exhibits to be offered or admitted into evidence;
(4) Dispose of pending motions and disputes;
(5) Take such other actions as may aid in the orderly and expeditious disposition of the proceeding.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 5 - EVIDENCE › Section 13b-17-147a - Advance submission of proposed evidence

Current through July 10, 2024
(a) A party or intervenor shall, regardless of whether a prehearing conference is held, and unless an earlier filing is required by the presiding officer, or a later filing is allowed for good cause shown, file with the agency, no later than seven (7) days prior to the hearing an original and four (4) copies of all prepared testimony and/or exhibits and documents intended to be introduced as evidence in a hearing by any party or intervenor.
(b) A party or intervenor shall not call any witness as an expert witness unless such expert has been disclosed seven (7) days prior to the hearing. Said disclosure shall include his education, experience and the subject matter on which he will testify.
(c) At the time the party or intervenor files the proposed evidence with the agency, he shall serve a copy thereof on all of those who have petitioned the agency for party or intervenor status.
(d) The commissioner may admit into evidence any document or testimony which was not submitted or identified prior to the hearing in accordance with subsection (a) of this section, upon a showing of good cause as to why the evidence was not prefiled as required by said subsection (a). If the commissioner admits such document or testimony, he may grant a continuance to any party or intervenor prejudiced thereby.
(e) Nothing in this section shall require the agency to submit evidence to the respondent in advance of the date of a hearing on a citation.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 5 - EVIDENCE › Section 13b-17-148a - Limitation of witnesses and hearing time

Current through July 10, 2024
(a) To avoid irrelevant, immaterial or unduly repetitious evidence, the commissioner may limit the number of witnesses or the time for testimony in the course of a hearing.
(b) Cross-examination may be conducted by a party, by the commissioner and by any other member of the agency connected with the contested case as the commissioner shall find to be required for a full and true disclosure of the facts, subject to subsection (a) of this section.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 5 - EVIDENCE › Section 13b-17-149a - Filing of added documents and exhibits

Current through July 10, 2024
(a) The commissioner, prior to issuing a final decision, may request any additional documents or evidence during or after the hearing necessary for the disposition of the case. The commissioner may further investigate or order such investigation on any aspect of the evidence presented at the hearing in order that a just and equitable final decision is rendered.
(b) Within ten (10) days after the commissioner mails notification that such additional evidence has been received by the commissioner, a party may request an opportunity for cross examination. The commissioner may grant an opportunity for cross examination limited solely to such additional evidence.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 6 - ORAL ARGUMENT/RECONSIDERATION › Section 13b-17-151a - Requests for oral argument and/or written exceptions

Current through July 10, 2024
If a proposed final decision is issued, any party may make written request for oral argument and/or may file with the commissioner written exceptions thereto within fourteen (14) days after mailing of the proposed final decision. Unless otherwise specified by the commissioner, exceptions shall state with particularity the party's objections to the proposed final decision, and may not raise legal issues or factual issues which could have been, but were not, raised at the hearing. A date and time shall then be set for oral argument and all parties shall have the opportunity to present their arguments for a time period of no more than fifteen (15) minutes, unless such other time period is allowed by the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 6 - ORAL ARGUMENT/RECONSIDERATION › Section 13b-17-152a - Petition for reconsideration

Current through July 10, 2024
(a) All petitions for reconsideration shall be submitted in accordance with section 13b-17-128 a. The contents of the petition for reconsideration shall state:
(1) the error of law or fact that should be corrected;
(2) the new evidence that has been discovered and how it materially affects the merits of the case and why the evidence was not presented at hearing; or
(3) good cause.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article III - DECLARATORY RULINGS › PETITION AS TO VALIDITY OR APPLICATION OF REGULATION OR FINAL DECISION › Section 13b-17-200a - Form of petition

Current through July 10, 2024
(a) Any petition submitted pursuant to section 4-176 of the Connecticut General Statutes shall be sent to the office of the agency by mail or delivered in person during normal business hours. Such petition shall state with specificity:
(1) the exact legal name of the Petitioner and the last known address of the principal place of business of each person;
(2) the name, title, address and telephone number of the attorney or other person to whom correspondence in regard to the petition is to be mailed;
(3) the substance and nature of the request; identifying the regulation, final decision or order concerning which the inquiry is made and shall identify the particular aspect to which the inquiry is directed.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article III - DECLARATORY RULINGS › PETITION AS TO VALIDITY OR APPLICATION OF REGULATION OR FINAL DECISION › Section 13b-17-201a - Procedure after petition filed

Current through July 10, 2024
(a) The agency may receive and consider data, facts, arguments and opinions from persons other than the petitioner.
(b) If the agency deems a hearing necessary or helpful in determining any issue concerning the request for a declaratory ruling, the agency shall schedule such hearing and give such notice thereof.
(c) If the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall apply to the hearing.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article III - DECLARATORY RULINGS › PETITION AS TO VALIDITY OR APPLICATION OF REGULATION OR FINAL DECISION › Section 13b-17-202a - Procedural rights of persons with respect to petitions

Current through July 10, 2024
With respect to any petition filed for a declaratory ruling, a person may request party or intervenor status in accordance with Section 13b-17-141 a of the Regulations of Connecticut State Agencies or may participate in the proceeding in accordance with Section 13b-17-142 a of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Section 13b-17-227a - Form of petition

Current through July 10, 2024
(a) The form for each petition for the adoption, amendment or repeal of a regulation shall include the following components:
(1) a statement setting forth the statutory authorization for such petition;
(2) the exact legal name of each petitioner and the last known address of the principal place of business or residence of each said petitioner. If the person is a corporation, it shall annex to said petition a copy of its certificate of incorporation from the Secretary of the State of Connecticut or sufficient evidence indicating the certificate of incorporation is forthcoming and a copy of its biennial report listing the names of directors and officers. If any petitioner is a general partnership, limited partnership or any other organized group, or has adopted a trade name, it shall set forth in the application the state under the laws of which it is created or organized and, where applicable, annex to said petition a copy of the trade name certificate that was recorded on land records of the headquarter's town, or sufficient evidence indicating the certificate is forthcoming;
(3) the name, title, address and telephone number of the representative to whom correspondence or communication, in regard to the petition, is to be mailed. Such individual shall be deemed an agent of said petitioner; and
(4) a discussion detailing views, issues, circumstances, facts and conclusions as to why said petitioner wishes to have a regulation adopted, amended or repealed.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part I - Definitions › Section 13b-17-156 - Definitions

Current through July 10, 2024
For the purpose of these regulations, definitions as hereinafter prescribed will govern.
1. "Height of a freight car" is the distance between the top of the rail and the top of the running board.
2. "Side of a freight car" is that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.
3. "Width of a freight car" is twice the distance from the center line to the side of the car as defined herein.
4. "Overhead clearance" is the normal distance from the plane of the top of the rails to a structure or obstruction above.
5. "Side clearance" is the shortest distance from the center line of track to a structure or obstruction at the side of track.
6. "Main track" is a track on which the authorized speed of train is in excess of thirty miles per hour.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-160 - Applicability

Current through July 10, 2024
Minimum side clearances from the center line of tangent railroad tracks, except as hereinafter prescribed, shall be as shown below.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-161 - Minimum clearance, generally

Current through July 10, 2024
All structures and obstructions above the top of the rail, except those hereinafter specifically mentioned, shall have a minimum side clearance of eight feet, six inches.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-162 - Platforms

Current through July 10, 2024
(a) Side clearances at freight platforms, except freight platforms adjacent to mainline or passing tracks, four feet or less above the top of the rail may be reduced to six feet, six inches on both sides of such track or on one side when the track center line distance to an adjacent track is not less than fourteen feet. A notice of limited clearance, approved by the commissioner of transportation, must be clearly posted at freight platform location with reduced clearance on both sides of the track.
(b) Platforms four feet, six inches or less above the top of the rail, when used principally for loading or unloading refrigerator cars, shall be constructed at least eight feet from the center line of track.
(c) Platforms previously constructed at less than the clearance herein prescribed may be extended at such existing clearance, unless extension is in connection with the reconstruction of the original platform.
(d) Low passenger platforms not over eight inches above the top of the rail shall not be less than five feet, two inches from the center line of track.
(e) High level passenger platforms not over four feet, two inches above the plane of the top of rails on adjacent track shall not be less than five feet, seven and one-half inches from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-163 - Tracks entering buildings

Current through July 10, 2024
Side clearances, other than for platforms, on sidings only, at entrances to and inside of warehouse and industrial buildings, shall be not less than eight feet from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-164 - Switch boxes and equipment

Current through July 10, 2024
Switch boxes, switch operating mechanisms and accessories, necessary for the control and operation of signals and interlockers, four inches or less above the top of rail shall be not less than three feet from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-165 - Signal and switch stands

Current through July 10, 2024
The center of signal and switch stands three feet or less above the top of the rail and located between tracks, when not practicable to provide clearances otherwise prescribed in these regulations, shall be not less than six feet from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-166 - Bridges on main line tracks

Current through July 10, 2024
The side clearances for through bridges carrying main line tracks may be decreased to the extent defined by a line extending from a point one foot vertically above the top of rail and five feet, nine inches laterally from the center line of track, then diagonally to a point three feet, nine inches vertically above the top of the rail and six feet, six inches laterally from the center line of track, then horizontally for a distance one foot, six inches at a height of three feet, nine inches above the top of the rail to a point eight feet from the center line of track, then vertically to conform with other sections of these regulations.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-167 - Tunnels, water and oil columns

Current through July 10, 2024
Tunnels, water columns and oil columns shall be not less than eight feet from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-168 - Miscellaneous obstructions

Current through July 10, 2024
The clearances for (a) water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, (b) handrails, (c) water barrels, (d) water columns, (e) oil columns, (f) cattle guards and (g) stock chutes, when all or portions thereof are four feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and five feet distant laterally from the center line of track to a point four feet above the top of the rail and eight feet distant laterally from the center line of track; provided the minimum clearance for handrails and water barrels on bridges with walkways shall be seven feet, nine inches, and provided the minimum clearance for fences of cattle guards shall be six feet, nine inches.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-169 - Exception re handrails and water barrels

Current through July 10, 2024
The lesser clearances authorized in Section these regulations, provided for handrails and water barrels, shall not be applicable to through bridges where the work of trainmen or yardmen requires them to be upon the decks of such bridges for the purpose of coupling and uncoupling cars in the performance of switching service on a switching load.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-170 - Exception re mail cranes

Current through July 10, 2024
The side clearances specified herein shall not apply to mail cranes during such time as the arms of such mail cranes are supporting a mail sack for delivery, provided the top arm is not then higher than ten feet, eight inches above the top of the rail and neither arm extends within six feet, five inches from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-171 - Exception re fences

Current through July 10, 2024
Side clearances specified herein shall not apply to intertrack fences located on the center line between tracks.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part III - Side Clearances › Section 13b-17-172 - Curved tracks

Current through July 10, 2024
All minimum side clearances prescribed in this part are for tangent tracks. Structures adjacent to curved tracks shall have an additional minimum side clearance compensating for the curvature.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part IV - Overhead and Side Clearances › Section 13b-17-173 - Decrease of clearances

Current through July 10, 2024
Reserved
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part IV - Overhead and Side Clearances › Section 13b-17-175 - Canopies over freight platforms

Current through July 10, 2024
Reserved
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part V - Clearance Between Parallel Tracks › Section 13b-17-176 - Main line and yard tracks, generally

Current through July 10, 2024
The minimum distance between the center lines of parallel main line tracks shall be not less than thirteen feet and for yard tracks not less than fourteen feet, except as hereinafter provided.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part V - Clearance Between Parallel Tracks › Section 13b-17-177 - Tracks adjacent to main line or passing tracks

Current through July 10, 2024
The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least fifteen feet from the center line of such main track or passing track; provided, where a passing track is adjacent to and at least fifteen feet distant from the main track, any other track may be constructed adjacent to such passing track with clearance of not less than fourteen feet.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part V - Clearance Between Parallel Tracks › Section 13b-17-178 - Ladder tracks

Current through July 10, 2024
The center line of any ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than eighteen feet from the center line of such other track, except that parallel ladder tracks shall have a clearance of not less than nineteen feet center line to center line.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part V - Clearance Between Parallel Tracks › Section 13b-17-179 - Team, house and industry tracks

Current through July 10, 2024
The minimum distance between the center lines of parallel team, house and industry tracks shall be not less than thirteen feet.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part V - Clearance Between Parallel Tracks › Section 13b-17-180 - Extension of existing tracks

Current through July 10, 2024
Tracks constructed prior to May 1, 1956, may be extended without increasing distances between tracks.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part VI - Other Conditions and Obstructions Adjacent to Tracks › Section 13b-17-181 - Articles on adjacent ground or platform

Current through July 10, 2024
No merchandise, material or other articles shall knowingly be permitted to remain piled or assembled on the ground or on platforms adjacent to any track at a distance less than eight feet, six inches from the center line of track.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part VI - Other Conditions and Obstructions Adjacent to Tracks › Section 13b-17-182 - Walkways between tracks

Current through July 10, 2024
The space between tracks ordinarily used by train and yardmen and other employees as a walkway in the discharge of their duties and the space beside such tracks within eight feet, six inches of the center line thereof shall be kept in a reasonably suitable condition for such purpose.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Clearances on Railroads with Reference To Side Structures and Parallel Tracks › Part VII - Lesser Clearances Created Prior to May 1, 1958 › Section 13b-17-183 - Minimum clearances on relocation or reconstruction

Current through July 10, 2024
Except as otherwise provided, where the overhead or side clearances between a track and any building, structure or facility are less than the minimum prescribed in these regulations or by statute, but were created prior to May 1, 1956, the minimum clearances prescribed shall be provided whenever the building, structure or facility is relocated or reconstructed.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › Section 13b-17-184 - Construction, maintenance and operation material or equipment

Current through July 10, 2024
Nothing herein shall be construed as preventing the movement or distribution of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under conditions reasonably necessary to provide for the safety of all concerned.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › Section 13b-17-186 - Emergencies

Current through July 10, 2024
No restricted clearance set out herein shall apply to temporary construction made necessary on any construction project or temporary emergency conditions caused by derailments, washouts or other unavoidable disasters.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-300 - Definitions

Current through July 10, 2024
As used in sections 13b-17-300 to 13b-17-308, inclusive, of the Regulations of Connecticut State Agencies:
(a) "Department" means the Department of Transportation.
(b) "Commissioner" means the Commissioner of Transportation.
(c) "Deputy Commissioner" means the Deputy Commissioner of Transportation.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-301 - Description of organization

Current through July 10, 2024
(a) The Department was established by the State Transportation Act in 1969, Public Act No. 768, which brought under one Department the responsibilities, functions, and resources of the Highway Department, the Department of Aeronautics, the Connecticut Transportation Authority, and the Commission of Steamship Terminals. The Department is responsible for all aspects of the planning, development, maintenance, and improvement of transportation in the State of Connecticut.
(b) The Department is headed by the Commissioner who is appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8 of the Connecticut General Statutes. The Commissioner's general powers, duties, and responsibilities are outlined in section 13b-4 of the Connecticut General Statutes.
(c) The Commissioner is assisted by the Deputy Commissioner. The Deputy Commissioner performs such duties and responsibilities as assigned by the Commissioner. In the event of the absence, disability, or disqualification of the Commissioner, the Deputy Commissioner performs all functions and has all powers and duties of the Commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-302 - Office of the commissioner of transportation

Current through July 10, 2024
The Commissioner's staff is responsible for:
(a) insuring compliance with affirmative action and equal opportunity laws and regulations in all operational areas and in all employment areas for both current and prospective employees;
(b) coordinating all legislative activity in the Department;
(c) gathering opinions of the public on the conduct of affairs of the Department and keeping the public informed through the media of the activities, progress, plans, public hearings, and services rendered by all bureaus of the Department;
(d) providing the Commissioner with timely and effective financial and operational internal audits and reviews of all aspects of Department operations and providing security related functions;
(e) coordinating all activities of the State Traffic Commission which is composed of the commissioners of Transportation, Motor Vehicles, and Public Safety;
(f) administering consultant selection panel and negotiation panel activities; and
(g) operation of the Department of Transportation Library.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-303 - Bureau of aviation and ports

Current through July 10, 2024
The Bureau of Aviation and Ports is responsible for all aspects of air and waterborne transportation falling under the jurisdiction of the Department, including but not limited to:
(a) the development, maintenance, and operation of State-owned airports which include Bradley International, Groton-New London, Hartford-Brainard, Waterbury-Oxford, Windham, and Danielson;
(b) the licensing and regulating of aviation facilities in the State;
(c) the development of aviation safety programs in close liaison with the Federal Aviation Administration;
(d) the licensing of pilots and shipping agents on Connecticut's navigable waters; and
(e) operation of the Chester/Hadlyme and Rocky Hill/Glastonbury ferries and the State Pier in New London.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-304 - Bureau of engineering and highway operations

Current through July 10, 2024
The Bureau of Engineering and Highway Operations is responsible for all aspects of highway transportation falling under the jurisdiction of the Department, including but not limited to:
(a) the design, construction, maintenance, and operation of the State highway system;
(b) the design and construction of facilities for all modes of transportation;
(c) real property acquisition on all types of transportation projects;
(d) sales and leases of State land for the Department; and
(e) managing National Highway Safety and Federal Highway Safety Program grants to cities, towns, municipalities, and other State agencies.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-305 - Bureau of finance and administration

Current through July 10, 2024
The Bureau of Finance and Administration is responsible for the general administrative functions of the Department including: fiscal services; information systems; property and facility services; contract administration; purchasing and stores; external audits; personnel; training; and employee safety.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-306 - Bureau of policy and planning

Current through July 10, 2024
The Bureau of Policy and Planning is responsible for long and short-range planning, managing federal planning and research programs, providing capital transportation policy and assuring that the Department's programs, plans, and projects meet the environmental requirements of State and federal statutes and regulations.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-307 - Bureau of public transportation

Current through July 10, 2024
The Bureau of Public Transportation is responsible for the development, maintenance, operation, regulation, and oversight of safe and efficient transportation services for the movement of people and goods by land that fall under the jurisdiction of the Department, including but not limited to transportation by rail, bus, ridesharing, and motor carrier. The Bureau administers the distribution of authorized financial assistance to privately and publicly owned transportation services for capital improvements and operating expenses.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article IV - ADOPTION, AMENDMENT OR REPEAL OF REGULATION › Part VIII - Exemptions › General Course and Method of Operation › Section 13b-17-308 - Requests to the department

Current through July 10, 2024
Any person wishing to comment on transportation matters falling under the jurisdiction of the Department may submit oral or written data, views or arguments to the Office of the Commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 29 - Use of DOT Commuter Parking Facilities › Section 13b-29-1 - Sale or distribution of goods or services at a commuter parking facility

Current through July 10, 2024
No person, firm or corporation shall distribute, sell or offer for sale any goods or services within or directly adjacent to and within the right-of-way of or on publicly owned or publicly leased land acquired or used for or in connection with, a Department of Transportation commuter parking facility, with the exception that newspaper-vending machines will be permitted to be properly installed and maintained where designated at these locations, and provided nothing herein shall be construed to prevent the commissioner from licensing travel service facilities at any of these locations.
Connecticut Administrative Code › Title 13b - Transportation › 29 - Use of DOT Commuter Parking Facilities › Section 13b-29-2 - DOT commuter parking facilities established on privately owned property by license agreement

Current through July 10, 2024
No activities shall be conducted by any person, firm or corporation in those commuter parking facilities established by the Department of Transportation by license agreement on privately owned property, except the parking of the vehicles of commuters and the activities conducted by the Department of Transportation and its agents, without the express written consent of the property owner, and the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 29 - Use of DOT Commuter Parking Facilities › Section 13b-29-3 - Semitrailers and tandem-trailers prohibited

Current through July 10, 2024
No person, firm or corporation shall park, store or station any tractor-trailer truck, semitrailer truck or tandem-trailer truck or any tractor or trailer unit of any tractor-trailer truck, semitrailer truck or tandem-trailer truck in any Department of Transportation designated commuter parking facility.
Connecticut Administrative Code › Title 13b - Transportation › 31c - Designation of Scenic Roads › Section 13b-31c-1 - Definitions

Current through July 10, 2024
(a) "Advisory Committee" means the Scenic Road Advisory Committee established pursuant to these regulations.
(b) "Commissioner" means the Commissioner of the Department of Transportation (DOT).
(c) "Department" means the Department of Transportation (DOT).
(d) "Improvement" means actions or activities initiated by the Department of Transportation which alter or improve a designated scenic road in one or more of the following ways:
(1) widening of the right-of-way or traveled portion of the highway,
(2) installation or replacement of guide railing,
(3) paving,
(4) changes of grade, and
(5) straightening and removal of stone walls or mature trees.
Connecticut Administrative Code › Title 13b - Transportation › 31c - Designation of Scenic Roads › Section 13b-31c-2 - Administration, advisory committee, composition and duties

Current through July 10, 2024
(a) The Commissioner shall establish a Scenic Road Advisory Committee. This Committee will include representation from the Departments of Transportation, Environmental Protection and Economic Development.
(b) The Advisory Committee shall meet quarterly, unless there is no business, or as necessary to:
(1) Develop a method to systematically evaluate requests for scenic road designation.
(2) Review and evaluate the requests submitted to the commissioner to designate a State highway, or portion thereof, as a scenic road.
(3) Prepare recommendations to the Commissioner as to those highways, or portion thereof, appropriate for designation as a scenic road.
(4) Review Department proposals to evaluate whether the proposed improvement will have an effect upon or alter the characteristics that qualified the highway as scenic.
(5) Recommend alternate courses of action which could avoid, mitigate or minimize adverse effects of the improvement on the scenic road, without compromising the safety of the traveling public.
(6) When conditions of development, zone change or other local action occur they may review the designated scenic road and recommend to the Commissioner any changes in designation.
Connecticut Administrative Code › Title 13b - Transportation › 31c - Designation of Scenic Roads › Section 13b-31c-3 - Request to designate a highway as scenic

Current through July 10, 2024
(a) Requests to designate a state highway as a scenic road may be made to the Commissioner by any agency, municipality, group or individual.
(1) Requests for consideration must include a report providing pertinent information on the proposed designated highway. This report shall be prepared by the requesting agency, municipality, group or individual and submitted to the Commissioner. The report shall include the following:
(A) Highway segments or areas to be included.
(B) Description of natural and cultural resources and features of scenic interest.
(C) Existing land use.
(D) Photographs of outstanding and representative scenery.
(E) Properties listed on the National Register of Historic Places and/or state register of historic places.
Connecticut Administrative Code › Title 13b - Transportation › 31c - Designation of Scenic Roads › Section 13b-31c-4 - Reconsideration of requests to designate a highway

Current through July 10, 2024
(a) State highways which do not receive a recommendation for designation or are recommended for deletion will receive no further consideration until additional information is presented to the Commissioner. This additional data is limited to the specific item or items which resulted in the denial or deletion of scenic designation. Within 60 days of its meeting to reconsider, the Advisory Committee shall forward its recommendation to the Commissioner for a final decision.
(b) Within 45 days after receiving the Advisory Committee's recommendation, the Commissioner shall render a final decision on the requested designation.
(c) Within 15 days of the Commissioner's final determination, the requesting agency, municipality, group or individual, shall be informed in writing of the final decision and the basis for it.
Connecticut Administrative Code › Title 13b - Transportation › 31c - Designation of Scenic Roads › Section 13b-31c-5 - Qualifications for a scenic road

Current through July 10, 2024
(a) In order to qualify for scenic road designation, the state highway under consideration must have significant natural or cultural features along its borders such as agricultural land, an historic building or structure which is listed on the National Register of Historic Places or the state register of historic places or affords vistas of marshes, shoreline, forests with mature trees or notable geologic or other natural features which singly or in combination set this highway apart from other highways as being distinct.
(b) The proposed scenic road shall have a minimum length of 1 mile.
(c) The proposed scenic road shall have development which is compatible with its surroundings and must not detract from the scenic, natural character and visual quality of the highway area.
Connecticut Administrative Code › Title 13b - Transportation › 31e - Designation of Scenic Roads › Section 13b-31e-1 - Determination of effect upon designated scenic roads

Current through July 10, 2024
(a)
Determination of effect:
Improvements proposed to scenic roads shall be reviewed by the Advisory Committee to evaluate whether the improvements will have a significant effect upon or alter the specific features or characteristics that qualified it to be designated as scenic.
(1) No adverse effect: If the Advisory Committee finds that the proposed improvement will not significantly affect these features or characteristics, the undertaking may proceed as proposed.
(2) Adverse effect: If the Advisory Committee finds that the proposed improvement will have a significant adverse impact on the features or characteristics of the scenic road, it shall:
(A) Notify the Commissioner of their finding.
(B) Return the project to the designer with recommended alternate courses of action that could avoid, mitigate or minimize adverse effects of undertaking on the scenic road. These recommendations could include, but are not limited to, consideration of a waiver of Department or Federal standards, the use of tinted pavements, stone wall replacements and tree or shrub replacements.
(C) If alternatives or waivers are not considered to be feasible by the designer, the Advisory Committee shall make recommendations to the Commissioner as to whether the project should be constructed as proposed.
(D) In all cases, the Commissioner shall make the final determination as to whether to approve or deny the proposed improvements or alterations.
Connecticut Administrative Code › Title 13b - Transportation › 31e - Designation of Scenic Roads › Section 13b-31e-2 - Public notification of proposed improvements or alterations to a designated scenic road

Current through July 10, 2024
(a) For those highway construction or maintenance activities that a majority of the Advisory Committee determines to constitute an "improvement" to a designated scenic road within the meaning of Section 1 (d) of this regulation, the Department shall publish, in a newspaper of general circulation in the area of the proposed improvements, a notice describing the alteration or improvement. There shall be a thirty (30) day comment period following this notice during which interested persons may submit written comments.
(b) The Advisory Committee shall review and evaluate all written comments. A report of findings will be prepared outlining the resolution of the various comments and forwarded to the Commissioner.
(c) In all cases, the Commissioner shall make the final determination as to whether to approve or deny the proposed improvements or alterations.
Connecticut Administrative Code › Title 13b - Transportation › 31e - Designation of Scenic Roads › Section 13b-31e-4 - Emergency repairs

Current through July 10, 2024
Should the Commissioner declare an emergency, as specified under Section 13b-26(f) of the General Statutes, repairs will be made in a manner which will minimize, as much as reasonably possible, the effect upon the features for which the highway was designated as scenic.
Connecticut Administrative Code › Title 13b - Transportation › 38o - Employee Commute Option Program › Voluntary Traffic Reduction Program › Section 13b-38o-12 - Definitions

Current through July 10, 2024
The following terms, as used in sections 13b-38o-12 to 13b-38o-17, inclusive, of the regulations of Connecticut State Agencies shall have the meanings provided below:
(1)
"Affected employer"
means an affected employer as defined in the section 13b-38o of the Connecticut General Statutes;
(2)
"Department"
means the Connecticut Department of Transportation;
(3)
"Commissioner"
means the Commissioner of Transportation;
(4)
"Employee"
means employee as defined in section 13b-38o of the Connecticut General Statutes;
(5)
"Employer"
means employer as defined in section 13b-38o of the Connecticut General Statutes;
(6)
"Traffic Reduction Program"
means traffic reduction program as defined in section 13b-38o of the Connecticut General Statutes;
(7)
"Traffic reduction plan"
means a plan submitted pursuant to section 13b-38p of the Connecticut General Statutes; and
(8)
"Work location"
means work location as defined in section 13b-38o of the Connecticut General Statutes.
Connecticut Administrative Code › Title 13b - Transportation › 38o - Employee Commute Option Program › Voluntary Traffic Reduction Program › Section 13b-38o-13 - Participation

Current through July 10, 2024
(a) Employers who elect to participate shall submit to the department the following information:
(1) The legal name of the employer and the address of its principal place of business within the State of Connecticut;
(2) The name, title and address of the designated contact person to receive all additional information and forms;
(3) The employer's Connecticut tax registration number and Federal employer identification number;
(4) The address of each work location which the employer is preparing a Traffic Reduction Program; and
(5) The number of employees at the participating work location.