| (1) |
Each public transit district is subject to department regulations relating to safety appliances and procedures. |
Terms Used In Utah Code 17B-2a-819
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 17B-2a-802
- Highway: includes :Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
- Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
- Road: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
| (a) |
Each installation by a public transit district in a state highway or freeway is subject to the approval of the department. |
| (b) |
There is a presumption that the use of a street, road, highway, or other public place by a public transit district for any of the purposes permitted in this part constitutes no greater burden on an adjoining property than the use existing on July 9, 1969. |
| (c) |
If a street, road, or highway, excluding a state highway or freeway, or a pipeline, sewer, water main, storm drain, pole, or communication wire is required to be relocated, replaced, or altered in order for a public transit district to construct or operate its system or to preserve and maintain an already constructed district facility:
| (i) |
the public or private owner of the facility required to be relocated, replaced, or altered shall relocate, replace, or alter the facility with reasonable promptness; and |
| (ii) |
the public transit district shall, by prior agreement, reimburse the owner for the reasonable cost incurred in the relocation, replacement, or alteration. |
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| (d) |
| (i) |
A public transit district may enter into an agreement with a county or municipality to:
| (A) |
close a street or road over which the county or municipality has jurisdiction at or near the point of its interception with a district facility; or |
| (B) |
carry the street or road over or under or to a connection with a district facility. |
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| (ii) |
A public transit district may do all work on a street or road under Subsection (2)(d)(i) as is necessary. |
| (iii) |
A street or road may not be closed, directly or indirectly, by the construction of a district facility unless the closure is:
| (A) |
pursuant to agreement under Subsection (2)(d)(i); or |
| (B) |
temporarily necessary during the construction of a district facility. |
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| (3) |
Each public transit district is subject to the laws and regulations of the state and each applicable municipality relating to traffic and operation of vehicles upon streets and highways. |
Enacted by Chapter 329, 2007 General Session
