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18.6.402    DEFINITIONS

(1) When used in this subchapter the terms: business sign, crossroad, department, franchisee, motorist information sign, motorist service, specific information sign, and tourist-oriented directional sign shall have the same meaning as in 60-5-502, MCA.

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

(3) "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.

(4) "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.

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

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

(7) "Interstate highway" means a highway on the federalaid national highway interstate system as defined in 60-1-103, MCA.

(8) "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.

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

(10) "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.

(11) "Primary highway" means a highway on the federal-aid state primary or national highway system as defined in 60-1-103, MCA.

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

(13) "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.

(14) "Supplemental directional sign" means a specific information sign located adjacent to an exit ramp.

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

(16) "Trailblazer sign" means a small sign with the type of service, name of business, direction, and distance to a qualified business.

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

(18) "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, 60-5-513, 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.

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