135 IAC 2.5-4-1 - Fees and charges related to electronic tolling system

Authority: IC 8-15-2; IC 8-15.5-7; IC 8-15.5-10

Affected: IC 8-15.5

Sec. 1.

(a) Notwithstanding 135 IAC 2.5-2-1 and 135 IAC 2.5-5-1, upon implementation of the electronic tolling system, the authority may:

(1) establish, collect, and enforce reasonable administration fees and reasonable fees to commence or appeal any dispute proceedings;

(2) establish reasonable interest rates to be charged on unpaid tolls and fees and collect interest charged as such rates;

(3) establish reasonable terms and conditions, including reasonable fees, for the registration and distribution of toll devices; and

(4) require reasonable security for the provision of any toll devices.

All revenues to be derived from the foregoing shall be deemed to be toll revenues. The sole purpose of any fees or charges implemented pursuant to this section shall be to enable the concessionaire to recover its reasonable, out-of-pocket, and documented costs and expenses that are directly incurred with respect to the items listed in subdivisions (1) through (4). The amount of any such fees or charges shall not exceed the amount reasonably necessary for the concessionaire to recover its reasonable, out-of-pocket, and documented costs and expenses that are directly incurred with respect to the items listed in subdivisions (1) through (4).

(b) Upon implementation of the electronic tolling system, the state shall assess fines against persons who run toll gates and the concessionaire shall receive 50% of such fines.

Notes

135 IAC 2.5-4-1

Indiana Finance Authority; 135 IAC 2.5-4-1; emergency rule filed Jun 14, 2006, 10:50 a.m.: 29 IR 3397; emergency rule filed Mar 20, 2008, 10:35 a.m.: 20080402-IR-135080204ERA; emergency rule filed Jun 27, 2012, 10:23 a.m.: 20120711-IR-135120394ERA