OAR 734-020-0013: Establishment of Speed Zones on Local Agency Public Paved Roads

(1) Purpose. This rule is adopted to describe the process and requirements for delegating the authority to establish speed zones on public paved roads by city and county road authorities when appropriate. The delegation and establishment of speed zones on roads under the authority of city and county governing agencies follow the methods described in OAR 734-020-0015 and any of the additional conditions specified in this rule. (2) Delegation of Authority. (a) Upon the request of a road authority, the Department may delegate its authority under ORS 810.180 for public paved roads under the jurisdiction of the road authority, if the road authority agrees to exercise the authority delegated according to this rule. A delegation covers all roadways under the road authority’s jurisdiction. To request a delegation, the road authority must submit a written application, which must: (A) Be made to the State Traffic-Roadway Engineer requesting delegated authority to determine and establish speed zones for roads under the road authority’s jurisdiction; and (B) Specify that the road authority must perform or cause to be performed an engineering study to determine the appropriate designated speed as outlined in OAR 734-020-0015 for each speed zone. (b) The road authority must agree to the Department’s delegation process as follows. (A) The road authority must participate in training provided by the Department on the criteria and speed zoning practices. (B) The road authority must designate one qualified registered Professional Engineer to be responsible for decision making and assuring all methods and procedures in this rule are followed. (C) The road authority must prepare and submit to the Department a quality control plan for assuring compliance with program rules and procedures. (c) Compliance and Oversight (A) The road authority must submit at least one engineering study and written order to ODOT, to demonstrate the road authority’s understanding of the process prior to delegation. (B) Upon delegation, the Department will conduct an initial review of delegated speed zoning by the road authority. The initial review will be of the first ten speed zones established under this delegation to determine if the road authority satisfactorily performed speed zoning in conformance with this rule. Based on the results of the Department’s initial review of the engineering study and order, the Department will provide an analysis noting any concerns or suggestions and may do one or more of the following: (i) Make a recommendation to do further reviews to follow-up on concerns; (ii) Terminate the delegation of authority, if the road authority is unable to satisfactorily perform the speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-015; or (iii) Continue delegation of authority, if the Department finds that the road authority substantially performs speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-015. (C) The Department may perform a periodic review of the speed zoning by the road authority every five years following delegation to the road authority. (i) During the periodic review the Department may select a sample of up to ten speed zones and prepare an assessment of the selected reports, noting any concerns or suggestions. (ii) If the periodic review finds areas of concerns, the Department may choose to analyze additional speed zones established by the road authority. (iii) The Department may recommend a more frequent review cycle based on concerns documented in the review. (iv) If the Department determines that the road authority substantially performs speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-0015, the Department may monitor the speed zoning again in five years. (D) In addition to a periodic review performed under section (2)(c)(C) of this rule, the Department may at any time undertake a periodic review of speed zoning by a road authority if the Department has reason to believe the road authority is not in compliance with these rules, OAR 734-020-0013 to 734-020-015. A periodic review performed under this section (2)(c)(D) is performed in the same manner as outlined in section (2)(c)(C) of this rule. (E) As a result of a periodic review, if the Department determines that the road authority continues to fail to substantially comply with these rules, OAR 734-020-0013 to 734-020-0015, as documented by the reviews, the Department may do one or more of the following: (i) Withdraw the delegation of authority; (ii) Require the road authority to post the section of roadway at the speed that was posted preceding the engineering study; or (iii) Cause a study to be performed to properly designate the speed. (F) The Department, at its discretion, may take the results of any initial or periodic review to the Speed Zone Review panel for recommendations on actions. (3) Speed Zone Procedures. (a) The road authority may establish a different speed on a specific section of highway if the engineering study finds that the existing designated or statutory speed is greater or less than reasonable or safe under the conditions found in the specific section unless any part of subsections (b) or (c) of this section (3) apply. (b) If the recommended speed exceeds the authority of the road authority to set speeds pursuant to OAR 734-020-0015, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel. (c) If there is an interested jurisdiction on the section of road, the following procedures must be followed: (A) If the recommended speed is within the criteria allowed pursuant to OAR 734-020-0015 and road authority and interested jurisdiction agree to the recommended speed, then the road authority may issue a written order to establish the speed zone; or (B) If the road authority and interested jurisdiction disagree on the recommended speed, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel. (d) Following a determination by the Speed Zone Review Panel, the road authority shall issue a speed zone order to establish the designated speed for the segment as determined by the Speed Zone Review Panel. (e) The road authority and interested jurisdiction, if any, should refer to the Department for further guidance on acceptable methodologies for an engineering study of speed zones. (f) The road authority is responsible for issuing speed zone orders to implement any new speed zone unless the Department agrees to issue the order. (g) The road authority may ask the Department to issue the speed zone order if the speed zone order crosses multiple road authority boundaries. (h) The road authority and the Department (or another agency with delegated authority) may jointly issue a speed zone order that crosses multiple road authority boundaries. (i) When multiple road authorities are listed on a previous speed zone order and the road authority does not have delegated authority for issuing speed zone orders for the entire previous order, the road authority may not issue a new speed zone order until the Department and road authority agree to issue a new speed zone order or orders. (j) A road authority may not issue a speed zone order where multiple road authorities are listed in the previous order until the Department has had an opportunity to determine the appropriate lengths and segment descriptions of the speed zones and issue a new order. (k) The road authority must provide written notice to the Department, including a copy of the speed zone order and engineering study 30 days prior to installing any new speed zone signing. (L) The road authority must retain the original speed zone order until rescinded and original engineering study issued by the road authority until a new investigation for the segment has been performed. (m) The road authority is responsible for installing speed zone signing. (4) Rescission of previous Speed Zone Orders. (a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the previous speed zone order. If a previous speed zone order exists for a segment of roadway a road authority must determine if the Department established the previous order or if it was established by an order the road authority previously issued. (A) If the Department previously issued the order the road authority must submit a request to the Department to rescind the previous speed zone order prior to the road authority establishing a new speed zone order for the same segment of roadway. (B) If the order was previously issued by the road authority, the road authority must rescind the previous order prior to establishing a new order. (b) A designated speed established in a speed zone order created under ORS 810.180 supersedes any statutory speed that would otherwise apply, until or unless the speed zone order is rescinded. (A) A road authority may rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed. (B) When a speed zone order has been formally rescinded, the road authority may post the statutory speed. (c) A road authority that rescinds any previous speed zone order must provide the Department with written notice 30 days prior to installing any new speed zone signing.