DAR File No. 28675

Transportation Commission, Administration

R940-1

Establishment of HOT-Lane Toll Rates

NOTICE OF PROPOSED RULE

DAR File No.: 28675
Filed: 04/25/2006, 12:06
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is needed in order to comply with the statutory directive for the transportation commission to set tolls in administrative rule.

Summary of the rule or change:

The proposed rule sets the initial toll rate at $50 a month, with the Department allowed to raise it up to $100 a month depending on demand.

State statutory or constitutional authorization for this rule:

Section 72-6-118

Anticipated cost or savings to:

the state budget:

This rule will add money to the state budget, but it is all dedicated to the Tollway Restricted Account. There will be some costs for the infrastructure needed for the tolls, but it is impossible to estimate what it will be.

local governments:

This rule does not affect local governments unless a local government uses the HOT Lane and then it will be subject to the same requirement.

other persons:

This rule will cost people who choose to use the HOT Lane $50 a month.

Compliance costs for affected persons:

This rule will cost people who choose to use the HOT Lane $50 a month.

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

Whether a business incurs the $50 cost is voluntary. The rule will only affect a business if it chooses to take advantage of the time-savings by using the HOT Lane. John R. 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:

06/15/2006

This rule may become effective on:

06/16/2006

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 fee or charge that the operator of a single-occupant motor vehicle must pay for the privilege of driving on a HOT Lane.

R940-1-2. Factors To Be Used in Setting Tolls.

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.

R940-1-3. Base Toll Rate and Range.

(1) The initial Toll for the HOT Lane is $50 per month.

(2) With the Commission's approval, the Department may increase the Toll 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.

R940-1-4. Use of Toll Revenues.

(1) Pursuant to state law, Tolls 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 for acquisition of right-of-way and the design, construction, reconstruction, operation, maintenance, and enforcement of transportation facilities within the corridor served by the HOT Lane pursuant to Utah Code Ann. Section 72-6-118.

KEY: transportation, tolls, HOT Lanes, motor vehicles

Date of Enactment or Last Substantive Amendment: 2006

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

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.