DAR File No. 28491

Transportation, Program Development

R926-9

Establishment and Operation of HOT Lanes or Toll Lanes on State Highways

NOTICE OF PROPOSED RULE

DAR File No.: 28491
Filed: 02/01/2006, 07:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 72-6-118 requires it.

Summary of the rule or change:

This proposed new rule lists criteria for the designation of High Occupancy Toll (HOT) lanes.

State statutory or constitutional authorization for this rule:

Section 72-6-118

Anticipated cost or savings to:

the state budget:

This rule itself will not result in any increases to the state budget, but the actual imposition of HOT or toll lanes established under the rule will save money for the state. There will be minor costs to the state from work done by the Department and the Transportation Commission to establish these lanes.

local governments:

This rule does not affect local government, and therefore, there will be no costs to them.

other persons:

This rule does not directly impose costs or savings to others. However, those who drive on lanes designated as HOT lanes or toll lanes will incur a toll charge.

Compliance costs for affected persons:

This rule does not directly impose costs or savings to others. However, those who drive on lanes designated as HOT lanes or toll lanes will incur a toll charge.

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

Any costs to businesses will be minor and is outweighed by the legislatively-directed need to establish the rule. 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:

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

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:

03/17/2006

This rule may become effective on:

03/18/2006

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R926. Transportation, Program Development.

R926-9. Establishment and Operation of HOT Lanes or Toll Lanes on State Highways.

R926-9-1. Definitions.

(1) "Commission" means the Transportation Commission, which is created in Utah Code

Section 72-1-301.

(2) "Department" means the Utah Department of Transportation;

(3) "Executive Director" means the Executive Director of the Utah Department of

Transportation;

(4) "HOT Lane" means a High Occupancy Vehicle lane designated under Utah Code Ann. Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the number of persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a toll or fee;

(5) "HOV Lane" means a lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a-702;

(6) "Toll" means the fee or charge assessed for the use of a HOT Lane or Toll Lane.

(7) "Toll Lane" means a designated new highway or additional lane capacity that is constructed, operated, or maintained for which a toll is charged for its use.

R926-9-2. Purpose.

This rule carries out the statutory requirement to provide a framework for the approval and implementation of HOT Lane and Toll Lane projects for the purpose of making the highway system more efficient and provide increased funding for other transportation projects.

R926-9-3. Establishment of a HOT Lane.

(1) The Department may consider designating existing HOV Lanes as HOT Lanes or may widen existing highways to add a Toll Lane. In deciding whether to designate a HOT Lane or add a Toll Lane, the Department may evaluate whether:

(a) a HOT Lane or Toll Lane would make the specific highway or the highway system more efficient;

(b) the designation or addition would increase available funds, reduce operational costs, or expedite project delivery;

(c) the project will be consistent with the overall policies, strategies, and actions of the Department, including those strategies that are developed through the regular transportation planning process.

(2) The Department shall submit its recommendations to the Commission.

(3) The Commission will evaluate the recommendations and make final approval.

(4) The Commission will issue its decision in a public meeting.

(5) HOT Lanes and Toll Lanes shall comply with all design and construction standards and specifications normally applicable to Department projects.

(6) Automatic tolling systems used for the collection of tolls shall meet or exceed the minimum criteria established by the United States Department of Transportation pursuant to United States Public Law 105-59, Section 1604, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

(7) The Commission will set Tolls in administrative rule as allowed by Utah Code Ann. Section 72-6-118.

R926-9-4. Use of Toll Revenue - Enforcement.

(1) Monies collected from tolls shall be deposited in the account established in Utah Code Annotated Section 72-2-120. The Commission may use funds from that account to:

(a) Pay the annual cost of enforcement, operation, maintenance, snow removal, and improvement of the highway where the fund is generated; or

(b) Add capacity or purchase right-of-way within the corridor served by the HOT Lane or Toll Lane where the funds are generated.

(2) The costs of enforcement that are eligible for payment with money from this account include:

(a) costs incurred to enforce compliance on HOT Lanes and Toll Lanes of generally applicable laws and ordinances; and

(b) costs incurred to collect unpaid Tolls from people who drive on a HOT Lane or Toll Lane without having paid.

KEY: transportation, tolls, highways

Date of Enactment or Last Substantive Amendment: 2006

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

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.