No. 34462 (Amendment): Rule R940-1. Establishment of Toll Rates

(Amendment)

DAR File No.: 34462
Filed: 02/24/2011 11:02:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a purpose and authority section, make stylistic changes, correct typographical errors, and delete reference to the monthly sticker program which has been eliminated and replaced with an electronic system.

Summary of the rule or change:

The proposed changes add a purpose and authority section, make stylistic changes, correct typographical errors and delete reference to the monthly sticker program which has been eliminated and replaced with an electronic system.

State statutory or constitutional authorization for this rule:

• Section 72-2-120
• Section 72-6-118

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the changes do not affect the toll rates.

local governments:

There are no anticipated costs or savings to local government because the changes do not affect the toll rates.

small businesses:

There are no anticipated costs or savings to small businesses because the changes do not affect the toll rates.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to small businesses, businesses, or local government entities because the changes do not affect the toll rates.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the changes do not affect the toll rates.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses because the changes do not affect the toll rates.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation Commission
Administration
4501 S 2700 W
SALT LAKE CITY, UT 84119

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2011

This rule may become effective on:

04/21/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R940. Transportation Commission, Administration.

R940-1. Establishment of Toll Rates.

R940-1-1. Purpose and Authority.

The purpose of this rule is to establish procedures for the setting of toll rates. This rule is authorized by Section 72-6-118.

 

R940-1-2. Definitions.

(1) "Commission" means the Transportation Commission, which is created in [Utah Code Ann.] Section 72-1-301;

(2) "Department" means the Utah Department of Transportation, which is created in [Utah Code Ann.] Section 72-1-101;

(3) "HOT Lane" means a High Occupancy Vehicle Lane as designated pursuant to [Utah Code Ann.] Section 41-6a-702 and [Utah Admin. Code] R926-9.

(4) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single-occupant motor vehicle must pay for the privilege of driving on a HOT Lane.

(5) "Tollway" has the meaning described in [Utah Code Ann.] Section 72-6-118.

(6) "Tollway development agreement" has the meaning described in [Utah Code Ann.] Section 72-6-202.

 

R940-1-2. Setting Toll Rates.

(1) The Commission shall be responsible for setting toll rates on state highways as specified in this rule[Section R940-1].

(2) Toll rates for facilities included in a tollway development agreement shall be set in accordance with the terms and conditions of the tollway development agreement. Terms and conditions relating to toll rates are required to be presented to the Commission in connection with award of the tollway development agreement, and any modifications to such terms and conditions will be considered a substantial modification or amendment requiring Commission approval under Section R940-1-3.

(3) The Commission may, in its sole discretion, increase the toll rates for a facility subject to a tollway development agreement above the amount allowed under the tollway development agreement.

 

R940-1-3. Base Toll Rate and Range for HOT Lanes.

(1) In deciding what Toll is appropriate for HOT Lanes that are not subject to tollway development agreements, the Commission balances the need to obtain revenue against the effect that a certain Toll amount will have on demand. The goal is to set a price that encourages optimal use of the HOT Lane.

[ (2) For HOT Lanes under a monthly sticker program that are not subject to a tollway development agreement, the initial toll for the HOT Lane is $50 per month.

(a) With the Commission's approval, the Department may increase the toll described in subsection (2) from $50 per month if it finds that demand on the HOT Lane is too high and needs to be reduced in order to keep the lane freely flowing. Evidence of demand can be shown by traffic counts and evidence of traffic congestion.

] ([3]2) For HOT [l]Lanes [under a dynamically priced electronic payment system that are not subject to a tollway development agreement,] the toll is $0.25 to $1.00 per payment zone. The Department will manage the amount of the toll necessary to keep the lane freely flowing.

([4]3) Toll rates for HOT Lanes that are subject to a tollway development agreement shall be set in the tollway development agreement.

 

R940-1-4. Tollway Restricted Special Revenue Fund.

(1) Pursuant to state law, tolls collected by the department and certain funds receiv ed by the department through a tollway development agreement are deposited in the Tollway [Restricted] Special Revenue Fund established in [Utah Code Ann.] Section 72-2-120.

(2) Monies from the fund may be used to establish and operate tollways and related facilities, including design, construction, reconstruction, operation, maintenance, enforcement, impacts from tollways, and acquisition of right-of-way, pursuant to [Utah Code Ann.] Section 72-2-120.

 

KEY: transportation, tolls, HOT Lanes, tollways

Date of Enactment or Last Substantive Amendment: [April 7, 2010]2011

Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

 

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