Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0025 - Liability and Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicant shall be responsible and liable for all damage or injury to any
			 person or property resulting from the physical location, installation,
			 construction, maintenance, operation or use of the facility or operation for
			 which applicant has been granted a permit. Applicant shall indemnify and hold
			 harmless the State of Oregon, the Commission, the Department against any and
			 all damages, claims, demands, actions, causes of action, costs and expenses of
			 whatsoever nature which they or any of them may sustain by reasons of the acts,
			 conduct, or operation of applicant, its agents or employees in connection with
			 the physical location, installation, construction, maintenance, repair,
			 operation or use of said facility or in conducting an operation.
(2) Applicant shall be responsible for
			 relocating or adjusting any other facilities located on highway right-of-way as
			 required to accommodate the facility or operation applied for. Construction of
			 the facility or conducting of an operation by applicant, its agent or
			 contractor, will be permitted only after applicant has furnished the DM
			 evidence that satisfactory arrangements for said relocation or adjustment have
			 been made with the owner of the affected other facility.
(3) The Department, the Engineer, or
			 employees shall not be responsible or liable for injury or damage that may
			 occur to the facility covered by the permit by reason of Department maintenance
			 and construction operations or resulting from motorist or road user operations,
			 or Department contractor or permittee operations, except as to injury or damage
			 caused by the negligence of the Engineer or employees of the
			 Department.
(4) Applicant shall
			 employ any and all methods in performing the operations authorized by the
			 permit which the Engineer may require in order to properly protect the public
			 from injury and the highway from damage.
(5) If the highway surface or highway
			 facilities are damaged by applicant, applicant shall replace or restore the
			 highway or highway facilities to a condition satisfactory to the DM, whether
			 discovered at the time of installation or at a later date. The DM at his option
			 may have applicant replace or restore the highway or highway facilities to a
			 condition satisfactory to him or the DM may replace or restore the highway or
			 highway facilities by contractor or state forces and the costs incurred to be
			 paid by applicant under the terms outlined in OAR 734-055-0020(2).
(6) The work area during any construction or
			 maintenance performed under the permit provisions shall be protected in
			 accordance with the current
"Manual on Uniform Traffic Control Devices
			 for Streets and Highways"
as amended or supplemented by the Commission.
			 Necessary signs shall be furnished by applicant unless otherwise specified in
			 the permit. Applicant's traffic control plan shall be reviewed and approved by
			 the DM before work begins.
(7) The
			 stopping or parking of vehicles upon the state highway right-of-way for the
			 servicing of such vehicles or the conducting of any business transaction or
			 commercial activity upon state highway right-of-way is strictly
			 prohibited.
(8) Applicant shall be
			 solely responsible for providing correct and complete information as may be
			 required by the permit or the DM. If the DM should determine that any fact
			 required of applicant which is material to the assessment of the facility or
			 operation's impact upon traffic safety, convenience and/or the legal or
			 property rights of any person (including the State of Oregon) is false,
			 incorrect or omitted, the DM may deny or revoke the permit and may require
			 applicant to remove the facility or terminate the operation and restore the
			 facility area to a condition acceptable to the DM at applicant's expense. In
			 such cases the DM, in his judgment, may also require applicant to provide, at
			 applicant's expense, any additional safeguards and/or facilities required to
			 protect the safety, convenience and rights of the traveling public and persons
			 (including the state), if such additional requirements are adequate to achieve
			 those purposes, as a condition of the continued validity of the
			 permit.
(9) To ensure compliance
			 with the terms and conditions of the permit, the Department reserves the right
			 to inspect the work during such periods as the DM deems necessary, to check
			 compliance with the terms of the permit by applicant and to require applicant
			 to correct all deviations from those terms and conditions. The cost of such
			 inspection shall be paid by applicant under the terms outlined in OAR
			 734-055-0020(2).
(10) Any
			 supervision and/or control exercised by the Department personnel shall in no
			 way relieve applicant of any duty or responsibility to the general public nor
			 shall such supervision and/or control relieve applicant from any liability for
			 loss, damage or injury to persons or property as provided in section (1) of
			 this rule.
(11) Facilities shall be
			 located where they do not create undue interference or hazard to the free
			 movement of normal highway or pedestrian traffic. Locations on sharp curves,
			 steep grades, areas of restricted sight distance or at points which interfere
			 with the placement and proper functioning of traffic control signs, signals,
			 lighting or other devices that affect traffic operation will not be permitted.
			 Any revisions to the facility location shall be approved by the DM prior to
			 construction. Applicant shall furnish the DM two sets of "as constructed"
			 drawings that show the facility location revisions.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305