NAC408.557. Authorization of direct access from freeway by locked gate.

     1. The Department may authorize direct access from a freeway by a locked gate. The uses for the access must be restricted to access for:

     (a) The maintenance of a railroad or a facility of a utility;

     (b) Communications by a utility or governmental agency for public safety;

     (c) Microwave stations; or

     (d) Agricultural purposes.

     2. The Department will not authorize direct access from a controlled-access route by a locked gate if:

     (a) Local roads, even if more circuitous or unimproved, provide access; or

     (b) Access may be constructed from local roads at a cost which is not prohibitive and in a manner which does not unreasonably impair the environment.

     3. The Department may, pursuant to an agreement with the user of the locked gate, authorize direct access through a locked gate if the Department determines that:

     (a) The authorization is in the public interest;

     (b) The safety, maintenance and use of the highway would not be affected; and

     (c) There is no other alternate access which may be practicably obtained or developed.

     4. The agreement must specify the user and the authorized uses of the access. A motor vehicle may only use right turns to gain access to the locked gate or highway. If possible, a motor vehicle that is stopped so that an occupant of the motor vehicle may lock or unlock the gate:

     (a) Must not cross the median;

     (b) Must be parked off the roadway; and

     (c) Must be parked outside of the clear zone.

     5. The authorized user shall place his or her lock on the locked gate and securely lock the gate when it is not in use. The lock must be identified with the name of the user. If a user notices an unauthorized or unidentified lock on the gate or any condition which would make it impossible to lock the gate, the user shall report that condition to the appropriate district engineer as soon as possible.

     6. The Department will maintain a written inventory of locked gates and authorized users and regularly review the gates to ensure that they are being properly used and secured. The Department may revoke the authorization of a user if the authorized user does not lock the gate or fails to identify his or her lock.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)