Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.06 - Authority of the Authorized Representative

Current through Register 1525, July 5, 2024
(1)
Determination by the
			 Authorized Representative
. The Authorized Representative shall
			 determine the number and placement of Road Flaggers and Police Details, if any,
			 within the Construction Zone according to the Construction Zone Safety Plan,
			 700 CMR 6.00, and any Road Flagger and Police Detail Guidelines.
(2)
Preconstruction
			 Conference
. The Authorized Representative shall organize a
			 conference with the law enforcement agency or agencies having primary
			 responsibility for patrol of and enforcement of vehicular and criminal law on
			 the Public Road within which the Construction Zone is located prior to the
			 start of any Public Works Project. The purpose of the conference shall be to
			 consult with the law enforcement organization to review the project, the
			 Construction Zone Safety Plan, and the planned use or non-use of Road Flaggers
			 and Police Details on the project. In instances where the Public Works Project
			 is minor, involves routine maintenance, or does not involve a Construction Zone
			 Safety Plan, the conference need not be in person.
(3)
Daily and Regular Contact
			 with Law Enforcement
. Whenever an Awarding Authority is conducting
			 work on a Public Road that does not involve the use of Police Details, it shall
			 call the law enforcement agency or agencies having primary responsibility for
			 the patrol and enforcement of vehicular and criminal law on the Public Road
			 within which the Construction Zone is located prior to the start of each work
			 day, and shall provide such agency with contact information sufficient for the
			 agency to be in contact with the Awarding Authority at all times.
(4)
Final Authority
.
			 As authorized by St. 2008, c. 86, § 10, the Authorized Representative
			 shall have the authority to make the final determination on the Setup and the
			 use of Traffic Control Devices in the Construction Zone and the contents of the
			 Construction Zone Safety Plan developed in accordance with 700 CMR 6.00, and
			 shall have control and responsibility over the safety, security, and closure of
			 the Construction Zone.
(5)
Report of Noncompliance
. The Authorized Representative
			 shall report to the Awarding Authority the facts and circumstances of any
			 noncompliance with 700 CMR 6.00, with any Road Flagger and Police Detail
			 Guideline, or with any final determination of the Authorized
			 Representative.
(6)
Alternative Plans
. The Authorized Representative may
			 implement the Alternative Plan to the Construction Zone Safety Plan or may use
			 Road Flaggers in place of Police Details or Police Details in place of Road
			 Flaggers when a scheduled Road Flagger or Police Detail is unavailable, fails
			 to report to the Construction Zone, fails to comply with instructions, or
			 otherwise fails to perform required duties outlined in 700 CMR 6.00 or in the
			 Road Flagger and Police Detail Guidelines.