18.6.402    DEFINITIONS

(1) "Business sign" or "logo sign panel" means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection as per 60-5-502, MCA.

(2) "Combination sign" means a specific information (LOGO) sign displaying the availability of two or more types of services.

(3) "Conventional road" means a street or highway which has a traffic flow of more than 400 annual average daily traffic count. The term does not include a low volume road (less than 400 annual average daily traffic count) or a residential street.

(4) "Crossroad" means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection, as per 60-5-502, MCA.

(5) "Directional sign" is any structure that is visible and readable with normal visual acuity from the primary highway and provides a motorist with sufficient information to find the location of a business without the need for additional information or directions.

(6) "Department" means the Montana Department of Transportation provided for in 2-15-2501, MCA, as per 60-5-502, MCA.

(7) "Franchisee" means a person awarded a franchise as provided in 60-5-505, MCA, as per 60-5-502, MCA.

(8) "General service sign" means a sign which identifies a motorist service at a given location but does not identify a specific business by name or trade name.

(9) "Gore" means the area immediately beyond the divergence of two traveled ways, bounded by the edges of those traveled ways.

(10) "Intersection" means any private or public roadway which requires a right or left turn off the primary highway to access the roadway.

(11) "Interstate highway" or "federal-aid interstate highway" is defined in 60-1-103, MCA, and also means a highway on the federal-aid or national highway system.

(12) "Interstate spur" means a short segment of interstate highway which connects another interstate highway to a state highway, county road, or city street and which is officially designated with an "I" followed by three numbers.

(13) "Lease agreement" means the written contract between the franchisee and the owner.

(14) "Motorist information sign" or "mainline" means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

(a) specific information sign; or

(b) tourist-oriented directional sign, as per 60-5-502, MCA.

(15) "Motorist service" means gas, food, lodging, camping, recreation, and other tourist services, as per 60-5-502, MCA.

(16) "Owner" means a person who owns or operates a qualified business and who has authority to enter into and be bound by agreements relevant to matters included in this subchapter.

(17) "Primary highway" or "federal-aid primary system" is defined in 60-1-103, MCA, and also means a highway on the federal-aid primary or national highway system.

(18) "Qualified business" means a business which meets the criteria established by Title 60, chapter 5, part 5, MCA, and this subchapter.

(19) "Rural area" means an area outside of an urban area; except that if the land within the urban area is sparsely populated or is primarily devoted to agricultural use, or if the roadside development does not appear to be urban in character, then the land may also be considered rural. The decision of whether specific areas are rural areas under this definition shall be made by the department, whose decision shall be final.

(20) "Specific information sign" or "LOGO sign" means a motorist information sign that is located on the interstate highway system and that contains:

(a) the words "GAS," "FOOD," "LODGING" or "CAMPING";

(b) directional information; and

(c) one or more individual business signs, as per 60-5-502, MCA.

(21) "Specific service ramp sign" or "ramp sign" means a sign installed along the ramp or at the ramp terminal of single-exit interchanges for facilities that have logo sign panels displayed along the main roadway, but the facilities are not readily visible from the ramp terminal.

(22) "Specific service trailblazer sign" or "trailblazer" means a guide sign with one to four logo sign panels that display business identification and directional information for services, which are installed along crossroads for facilities that have logo sign panels along the main roadway and ramp, but require additional vehicle maneuvers.

(23) "Tourist-oriented directional sign" or "TODS" means a motorist information sign located on the primary highway system or conventional roads to provide:

(a) business identification; and

(b) directional information for businesses, services, and activities of interest to tourists, as per 60-5-502, MCA.

(24) "Trade name" means any brand name, trademark, distinctive symbol or other similar device or thing used to identify a particular motorist service.

(25) "Traveled way" means the traffic lanes of the interstate or primary highway, including all exit and entrance ramps and acceleration and deceleration lanes.

(26) "Urban area" means the developed area inside and outside the corporate limits of a municipality with a population of 15,000 or more as shown in the most recent official census.

 

History: 60-5-503, MCA; IMP, 60-5-502, 60-5-513, MCA; NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.302, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.