Current through Register Vol. 54, No. 45, November 9, 2024
Section 212.701 - Processions, assemblages and special activities(a)Criteria. The closure or partial closure of a highway for a procession, assemblage or a special activity, may be permitted on local roadways by local authorities and on State-designated highways by the Department if the following criteria are satisfied: (1)Conventional highways and expressways.(i) An alternate route, which is not more than 5 miles longer or five times greater in length than the normal travel distance, is established to detour traffic around any closed routes, except an alternate route is not required if one of the following exists:(A) The highway to be closed is not a numbered traffic route and is primarily used by local drivers who are familiar with the alternate route.(B) The highway is only partially or periodically closed and police control can safely maintain traffic on the remainder of the highway.(C) The highway closing is for less than 20 minutes and excessive traffic backup will not occur during the closing.(ii) The local authorities provide adequate detour signing or police controls for the rerouting of traffic along the alternate route if required.(iii) The highway closure or partial closure will not adversely affect adjacent properties.(iv) A review of previous, similar closures shows no substantial problems or citizen complaints.(2)Freeways. (i) The freeway has a minimum of two lanes to move traffic in each direction of flow.(ii) If a procession, it will orderly and uniformly move along the highway and will be easy to control and regulate by police officers.(iii) If a procession or assemblage, it will use a maximum of one lane of the highway and police officers can safely maintain traffic on the remainder of the highway.(iv) Delays for traffic entering or leaving the highway at ramps will not be more than 5 minutes and uniformed police officers will control all delayed traffic.(v) The Secretary and the Commissioner of the State Police have determined that the procession, assemblage or special activity is in the National, State or regional interest or has National, State or regional significance and can be conducted with greater safety for motorists and procession or special activity participants by using the freeway.(b)Use of State-designated highways. The Department may issue a permit for a procession, assemblage or special activity on a State-designated highway if the criteria in subsection (a) and the following requirements are satisfied: (1) On conventional highways and expressways, the district executive may issue a permit for processions, assemblages or special activities. The permit request must be made in writing by the sponsor, and be received by the district executive at least 3 weeks before the proposed event. The request must include the following items as applicable, a copy of which the sponsor must also submit to the Commissioner of the State Police: (i) A map of the proposed routing showing all State Route (SR) numbers and the names of all highways, including terminal points for the special activity.(ii) The known or anticipated number and type of vehicles or pedestrians that will be in the event.(iii) The purpose, the proposed date and rain date and the time and duration.(iv) A statement that the sponsor will agree to reimburse the Commonwealth for all costs for police escort and traffic-control services.(v) A copy of the letter sent from the sponsor of the event to each municipality in which the event is to occur, requesting permission to allow the event.(vi) A copy of a letter from each municipality in which the event is to occur indicating the following: (A) Approval of the municipality allowing the sponsor to conduct the event.(B) A statement that the municipality will agree to fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of the sponsor, its officers, agents or employees.(vii) A statement that the sponsor will fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments, and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of the sponsor, its officers, agents or employees. The sponsor shall also name the Department as an additional insured on its liability policies. The liability insurance policies must be occurrence based and the insurance certificate must indicate that the insurance is occurrence based.(2) On freeways, the Secretary may issue a permit for processions, assemblages or special activities. The permit request must be made in writing by the sponsor, and be received by the Secretary at least 3 weeks before the proposed partial highway closure. The request must include the following items as applicable, a copy of which the sponsor also submits to the Commissioner of the State Police: (i) A map showing the location of the assemblage or the proposed routing of the procession or special activity.(ii) The known or anticipated number and type of vehicles or pedestrians that will be in the event.(iii) The estimated speed of travel of the procession or special activity.(iv) The purpose, the proposed date and rain date, and the time and duration.(v) The reasons the special event should use a freeway, including the safety aspects to both motorists and procession participants.(vi) A statement that the sponsor of the procession will agree to reimburse the Commonwealth for all costs for police escort and traffic-control services.(vii) A statement that the sponsor of the special event will fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of the sponsor, its officers, agents or employees. The sponsor shall also name the Department as an additional insured on its liability policies. The liability insurance policies must be occurrence based and the insurance certificate must indicate that the insurance is occurrence based.(c)Use of local roadways. Requests to close a local roadway for a procession, assemblage or special activity must be made in writing to the local authorities at least 3 weeks before the anticipated road closure. If the procession, assemblage or special activity also requires the closure of State-designated highways, the request must be made in writing to the local authorities at least 2 months before the anticipated road closure.