No. 31637 (Amendment): R940-1. Establishment of HOT Lane Toll Rates

DAR File No.: 31637
Filed: 06/27/2008, 04:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change is to clarify and update the responsibilities of the Transportation Commission in regards to toll roads.

Summary of the rule or change:

The rule defines tollway to correspond with Utah statute, sets forth the criteria used by the Transportation Commission to set toll rates, HOT lanes, and generally set for Transportation Commission responsibilities in regards to tolling.

State statutory or constitutional authorization for this rule:

Sections 72-6-118, 72-6-202, and 72-1-201

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact the state budget. Any UDOT and/or Transportation Commission responsibilities will be administered by existing staff within existing budget.

local governments:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact local government.

small businesses and persons other than businesses:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses or persons other than businesses.

Compliance costs for affected persons:

There is no compliance cost here.

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

There are no substantial fiscal impacts on businesses. 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
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119

Direct questions regarding this rule to:

Maureen Short 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:

09/02/2008

This rule may become effective on:

09/09/2008

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R940. Transportation Commission, Administration.

R940-1. Establishment of [HOT-Lane ]Toll Rates.

R940-1-1. 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 [or charge ]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. [Factors To Be Used in Setting Tolls]Setting Toll Rates.

[In deciding what Toll is appropriate, the Commission balances the need to obtain revenue for enforcement and maintenance of the HOT Lane 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.](1) The Commission shall be responsible for setting toll rates on state highways as specified in this 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 R941-1-5.

(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 that are not subject to a tollway development agreement t[T]he initial [Toll]toll for the HOT Lane is $50 per month.

([2]3) With the Commission's approval, the Department may increase the [Toll]toll described in subsection (2) from $50 per month [to an amount not to exceed $100 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.

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

 

R940-1-4. [Use of Toll Revenues]Tollway Restricted Special Revenue Fund.

(1) Pursuant to state law, [T]tolls collected by the department and certain funds receivd 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[for acquisition of right-of-way and the] design, construction, reconstruction, operation, maintenance, [and ]enforcement, impacts from tollways, and acquisition of right-of-way, [of transportation facilities within the corridor served by the HOT Lane ]pursuant to Utah Code Ann. Section 72-[6]2-[118]120.

 

KEY: transportation, tolls, HOT Lanes, [motor vehicles]tollways

Date of Enactment or Last Substantive Amendment: [June 22, 2006]2008

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