Section 1680-02-02-.02 - PERFORMANCE REQUIREMENTS(1) Permittee shall perform the operations of cutting, baling, hauling of hay, and equipment mobilization and demobilization between the hours of 8:00 a.m. and 4:00 p.m. Mobilization and demobilization of over-dimensional equipment shall be restricted to the hours between 9:30 a.m. and 3:30 p.m.(2) Permittee shall not perform the operations of mowing and baling and equipment mobilization or demobilization on Saturdays, Sundays or Official State Holidays. Furthermore, Permittee shall not perform these operations at any time in which weather conditions (including fog) contribute to reduced visibility for motorists on the area highway.(3) The Regional Maintenance Engineer or his representative shall be given 24 hour advance notice as to those days on which Permittee plans to mobilize equipment at the operation site, and as to those days on which Permittee plans to perform authorized cutting and baling activities.(4) If machinery operations are performed within twenty (20) feet of the edge of the interstate shoulder, Permittee shall be responsible for placement of signs that conform with standards set forth in the Tennessee Manual on Uniform Traffic Control Devices For Streets and Bridges. These required signs, which must be removed each evening are as follows:(a) A sign bearing the message, "Farm Machinery-One Mile" will be placed one mile in advance of operation.(b) A sign bearing the message, "End Work" will be placed 500 feet beyond the mowing limit.(5) Parking, loading and/or off-loading of equipment on paved shoulders is prohibited.(6) All cutting and baling equipment shall be removed from the interstate right-of-way each night, unless the equipment may be parked in a place such that guard rails or existing natural barriers provide protection for the interstate motorists. Any such overnight site must be approved by the Regional Maintenance Engineer or his representative.(7) Permittee shall not cut the hay to a height less than three (3) inches.(8) The removal of controlled-access fences to facilitate ingress and egress to the right-of-way is strictly prohibited.(9) Any damages to the right-of-way (roadway, appurtenances, vegetation, etc.) incurred during the performance of cutting and baling activity shall be repaired and/or replaced at the expense of the Permittee.(10) At the completion of the hay harvest, the entire area involved shall be left in a neat and orderly condition. Any litter attributable to the harvesting operation shall be removed.(11) Hay and grass on areas normally mowed by maintenance forces will not be allowed to grow to excessive heights.(12) An authorized permit to cut and bale hay will be valid for fourteen (14) weekdays (holidays excluded), on any one location. Baled hay which has not been removed from the right-of-way upon expiration of the permit will become the property of and be removed by the Department of Transportation.Tenn. Comp. R. & Regs. 1680-02-02-.02
Original rule filed June 30, 1980; effective August 14, 1980. Rule has been assigned a new control number from 1680-2-5-.02 filed and effective February 1, 2003.Authority: T.C.A. §54-585.