§ 8-15-2-14 — Toll collection

Indiana § 8-15-2-14

• Jurisdiction: Indiana
• Art. 15: TOLL ROADS
• Ch. 2: Operation and Financing of Toll Roads

Text

(a) The authority may do the following:
(1) Fix, revise, charge, and collect tolls for the use of each toll
road project by any person, partnership, association, limited
liability company, or corporation desiring the use of any part
thereof, including the right-of-way adjoining the paved portion
and for placing thereon telephone, telegraph, electric light, or
power lines.
(2) Fix the terms, conditions, and rates of charge for such use,
including assessments for the failure to pay required tolls, subject,
however, to the state's police power.
(3) Collect tolls, user fees, or other charges through manual or
nonmanual methods, including, but not limited to, automatic
vehicle identification systems, electronic toll collection systems,
and, to the extent permitted by law, including rules adopted by the
authority under section 17.2(a)(10) of this chapter, global
positioning systems and photo or video based toll collection or
toll collection enforcement systems.
(4) Adopt rules under IC 4-22-2 authorizing the use of and
establishing procedures for the implementation of the collection
of user fees by electronic or other nonmanual means under
subdivision (3).
(b) Notwithstanding subsection (a), no toll or charge shall be made
by the authority under this section or under a public-private agreement
entered into under IC 8-15.5 for:
(1) the operation of temporary lodging facilities located upon or
adjacent to any project, nor may the authority itself operate or
gratuitously permit the operation of such temporary lodging
facilities by other persons without any toll or charge; or
(2) placing in, on, along, over, or under such project, such
telephone, telegraph, electric light or power lines, equipment, or
facilities as may be necessary to serve establishments located on
the project or as may be necessary to interconnect any public
utility facilities on one (1) side of the toll road project with those
on the other side.
(c) All contracts executed by the authority shall be preserved in the
principal office of the authority.
(d) In the case of a toll road project that is not leased to the
department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
each toll road project so that the aggregate of the tolls from the project,
together with other revenues that are available to the authority without
prior restriction or encumbrance, will at least be adequate to pay:
(1) the cost of operating, maintaining, and repairing the toll road
project, including major repairs, replacements, and
improvements;
(2) the principal of and the interest on bonds issued in connection
with the toll road project, as the principal and interest becomes
due and payable, including any reserve or sinking fund required
for the project; and
(3) the payment of principal of and interest on toll road bonds
issued by the authority in connection with any other toll road
project, including any reserve or sinking fund required for the
project, but only to the extent that the authority provides by
resolution and subject to the provisions of any trust agreement
relating to the project.
(e) Not less than one (1) year before the date that final payment of
all such bonds, interest, and reimbursement is expected by the
chairman of the authority to be completed, the chairman shall notify the
state budget committee in writing of the expected date of final
payment.
(f) Such tolls shall not be subject to supervision or regulation by any
other commission, board, bureau, or agency of the state.
(g) The tolls, rents, and all other revenues derived by the authority
from the toll road project, except those received in accordance with a
public-private agreement under IC 8-15.5, shall be used as follows:
(1) To pay the cost of operating, maintaining, and repairing the
toll road project, including major repairs, replacements, and
improvements, to the extent that those costs are not paid out of
other funds.
(2) To the extent provided for in the resolution authorizing the
issuance of bonds under this chapter or in the trust agreement
securing the bonds, to pay:
(A) the principal of and interest on any bonds as the principal
and interest become due; or
(B) the redemption price or purchase price of the bonds retired
by call or purchase.
(3) Except as prohibited by the resolution authorizing the issuance
of bonds under this chapter or the trust agreement securing them,
for any purpose relating to any toll road project, including the
subject toll road project, as the authority provides by resolution.
(h) Neither the resolution nor any trust agreement by which a pledge
is created needs to be filed or recorded except in the records of the
authority.
(i) The use and disposition of moneys to the credit of any sinking
fund shall be subject to the provisions of any resolution or resolutions
authorizing the issuance of any bonds or of any trust agreement. Except
as may otherwise be provided in this chapter or in any resolution or any
trust agreement, any sinking fund shall be a fund for all bonds without
distinction or priority of one over another, subject, however, to such
priorities as may arise from prior pledges.
(j) In the case of a toll road project that is leased to the department
under IC 8-9.5-8-8, the lease must require that the department fix tolls
for the toll road project that comply with IC 8-9.5-8-8(c)(6).
(k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
that is subject to a public-private agreement under IC 8-15.5 shall be
set in accordance with IC 8-15.5-7.
(l) The amount of a toll must be invoiced to a driver not later than
one (1) year after the date the driver incurs the toll.
Formerly: Acts 1951, c.281, s.14; Acts 1959, c.285, s.4; Acts
1971, P.L.99, SEC.4. As amended by Acts 1980, P.L.74, SECS.241,
242; P.L.109-1983, SEC.18; P.L.386-1987(ss), SEC.11; P.L.8-1993,
SEC.145; P.L.47-2006, SEC.11; P.L.140-2013, SEC.7; P.L.93-2024,
SEC.81; P.L.227-2025, SEC.3.