| (18) a statement that any failure to cooperate with the department may constitute reckless endangerment of the public and that the DPS may be notified of the situation as soon as possible for appropriate action, and not following the traffic control plan or department instructions may result in a denial of future use of the right of way for three years. (f) Multi-year agreements. (1) The department may enter into a multi-year agreement with a requestor for events that occur annually and do not substantially change from year to year. (2) The maximum duration for such an agreement is five years. (3) An amendment to the agreement may be signed by the district engineer and the requestor if unexpected changes to the event occur. (4) The requestor must submit proof of insurance annually to the department at least 14 workdays prior to the proposed event. (5) The department may terminate a multi-year agreement at any time during the duration of the agreement if the district engineer believes termination to be in the best interest of the traveling public. (g) Exceptions. (1) General. Closures necessary for emergency traffic control and maintenance activities pursuant to a municipal maintenance agreement do not require prior department approval. (2) Film and video productions. Requests for approval of film and video productions must be submitted in accordance with §22.13 of this subchapter (relating to Film and Video Productions). (3) Bicycle races. A competitive bicycle race that does not involve the complete restriction of vehicular traffic in one or both directions such that a detour is required is not subject to approval by the department, if the sponsoring organization has obtained the approval of the appropriate local law enforcement agency or agencies in accordance with Transportation Code, §551.105. (4) Routine traffic control. A closure involving routine traffic control may not require department approval, provided that the closure is in an incorporated area and does not take place on a controlled access highway but does take place on an arterial roadway. The district engineer shall be notified by law enforcement by facsimile seven workdays before the routine traffic control event occurs or 10 workdays before the event if notified by letter. This notification must have sufficient detail to allow the general evaluation of the event with regard to the safety and operation of the highway. If the department requires additional traffic control measures, the law enforcement agency will be notified by phone as well as by facsimile or letter of the extra requirements, and if a formal written agreement will be required. (h) Disapproval. If a district engineer disapproves a request for approval of a closure, he or she will provide written notice describing the basis for the determination. (i) Appeal. A requestor may appeal a district engineer's disapproval to the department's assistant executive director for engineering operations by submitting to that official by mail or facsimile the information provided to the district engineer. |
