| (16) 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 the appropriate action, and failing to follow the traffic control plan or department instructions may result in a denial of future use of the right of way for three years; and (17) such other terms and conditions determined by the district engineer to be essential for the preservation of public safety and convenience of the traveling public as well as the integrity of state highway facilities and right of way. (g) Disapproval. If a district engineer disapproves a request for approval of a production, he or she will provide written notice, by mail or facsimile, describing the basis for the determination. The district engineer will also provide notice of disapproval by telephone if requested by the requestor. (h) 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. (i) Signs. (1) All traffic control devices used in conjunction with a film or video production under this subchapter, including sign supports, shall be devices listed in the department's Compliant Work Zone Traffic Control Device List. This requirement does not apply to temporary signs as allowed in this section. (2) A production company may place two temporary signs, one for each direction of travel, at the point of departure from the state highway system, for the purpose of guiding production personnel to the site of an approved production, provided that each sign: (A) does not contain red on the front or back of the sign, and does not appear to represent any official regulatory, warning, or guide sign; (B) is no larger than 36 inches by 36 inches; (C) is made of heavy cardboard or 1/4 inch thick plastic, or other material as approved by the district engineer; (D) is mounted on a Type I folding barricade or short-term, short-duration sign support as shown on the department's Compliant Work Zone Traffic Control Device List or wood supports no greater than two inches by two inches in thickness, and has no more than two supports; (E) has a mounting height to the bottom of the sign of no less than one foot and no more than three feet above surrounding ground level; (F) is not located on the mainlanes of a controlled access highway (it may be located on the frontage road of a controlled access highway); and (G) is not mounted on a traffic control device and is placed so as to not interfere with other traffic control devices. (3) A sign may not be installed more than one day before filming starts and must be removed within one day after the filming is completed. (4) If a sign becomes a hazard due to inclement weather, inadequate maintenance, accidental damage, or other cause, the department may remove the sign or ask the requestor to do so. (5) A sign not removed in compliance with paragraphs (3) or (4) of this subsection is subject to removal by the department and the requestor is liable for removal and disposal costs as provided by §29.6 of this title (relating to Signs on State Highway Right of Way). |
