§ 8-15-3-24 — Tolls and charges; fixing and collecting; deposits

Indiana § 8-15-3-24

• Jurisdiction: Indiana
• Art. 15: TOLL ROADS
• Ch. 3: Tollways

Text

(a) Except as provided in subsection (b), the
department may:
(1) fix, revise, charge, and collect tolls, fees, or charges for:
(A) the use of a tollway or any part of a tollway, including the
right-of-way adjoining the paved part of the tollway;
(B) placing on a tollway or part of a tollway telephone,
telegraph, electric light, cable, communication, gas, water,
sewer, or power lines;
(C) the initiation, administration, and maintenance of customer
accounts, late payment procedures, credit card and other
electronic transactions, and enforcement actions for collection
of unpaid amounts; and
(D) equipment used by customers in connection with electronic
tolling, including transponders;
(2) fix the terms, conditions, and rates of charge for use of a
tollway; and
(3) retain and use tolls, fees, or charges collected in accordance
with this article.
(b) A toll or charge may not be made by the department for the
following:
(1) The operation of temporary lodging facilities located upon or
adjacent to a tollway.
(2) Placing in, on, along, over, or under a tollway any telephone,
telegraph, electric light, cable, communication, gas, water, sewer,
or power lines, equipment, or facilities that are necessary to serve
establishments located on the tollway or that are necessary to
interconnect any public utility facilities on one (1) side of the
tollway with those on the other side.
(c) The department may fix the tolls for a tollway by establishing
maximum amounts and may provide that tolls or any maximum tolls
established, and any increases or decreases to those tolls or maximum
tolls, may be based on the indices or methodologies that the department
considers appropriate. The department may set an increased toll for any
class of traffic for any lane or other part of a tollway if the department
determines that an increased toll is necessary or appropriate for
financing the tollway or to reduce traffic congestion, increase mobility,
improve connectivity, promote fuel conservation, achieve operating
efficiencies, or promote public safety. The department shall specify the
times or conditions under which an increased toll will be imposed. A
reduced rate of toll is not allowed within a class, except:
(1) through the use of commutation or other tickets or privileges
based upon frequency or volume of use;
(2) as permitted under an electronic tolling program;
(3) as permitted under a managed lane program under section
27.5 of this chapter;
(4) as necessary, desirable, or appropriate for financing the
tollway;
(5) on a part of a tollway designated by the department, in its
discretion, as an area free of tolls;
(6) as determined appropriate by the department; or
(7) as permitted under a public-private agreement.
(d) A person that passes a toll gate or other area of a tollway where
a toll, charge, or fee is due without paying that amount commits a Class
C infraction.

Legislative History

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.32.