CHAPTER 7. USER FEES
IC 8-15.5-7
Chapter 7. User Fees
IC 8-15.5-7-1
Power of authority to fix user fees
Sec. 1. (a) Notwithstanding IC 8-9.5-8 and IC 8-15-2-14(j), theauthority may fix and revise the amounts of user fees that an operatormay charge and collect for the use of any part of a toll road projectin accordance with the public-private agreement.
(b) In fixing the amounts referred to in subsection (a), theauthority may:
(1) establish maximum amounts for the user fees; and
(2) provide for increases or decreases of the user fees or themaximum amounts established based upon the indices,methodologies, or other factors that the authority considersappropriate.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-2
Schedule of user fees
Sec. 2. A schedule of the current user fees shall be made availableby the operator to any member of the public on request.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-3
User fees not subject to other regulation
Sec. 3. User fees established by the authority under this article arenot subject to supervision or regulation by any other commission,board, bureau, or agency of the state, or by any political subdivision.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-4
Criteria for establishment of user fees
Sec. 4. User fees established by the authority under section 1 ofthis chapter for the use of a toll road project must benondiscriminatory and may:
(1) include different user fees based on categories such asvehicle class, vehicle size, vehicle axles, vehicle weight,volume, location, or traffic congestion or such other means orclassification as the authority determines to be appropriate;
(2) vary by time of day or year; or
(3) be based on one (1) or more factors considered relevant bythe authority, which may include any combination of:
(A) the costs of:
(i) operation;
(ii) maintenance; and
(iii) repair and rehabilitation;
(B) debt service payments on bonds or other obligations;
(C) adequacy of working capital;
(D) depreciation; (E) payment of user fees, any state, federal, or local taxes, orpayments in lieu of taxes; and
(F) the sufficiency of income to:
(i) maintain the toll road project in a sound physical andfinancial condition to render adequate and efficientservice; and
(ii) induce an operator to enter into a public-privateagreement.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-5
Collection of user fees by operator
Sec. 5. A public-private agreement may:
(1) grant an operator a license or franchise to charge and collecttolls for the use of the toll road project;
(2) authorize the operator to adjust the user fees charged andcollected for the use of the toll road project, so long as theamounts charged and collected by the operator do not exceedthe maximum amounts established by the authority undersection 1 of this chapter;
(3) provide that any adjustment by the operator permitted undersubdivision (2) may be based on such indices, methodologies,or other factors as described in the public-private agreement oras approved by the authority;
(4) authorize the operator to charge and collect user feesthrough manual and nonmanual methods, including, but notlimited to, automatic vehicle identification systems, electronictoll collection systems, and, to the extent permitted by law,including rules adopted by the authority underIC 8-15-2-17.2(a)(10), global positioning systems and photo orvideo based toll collection or toll collection enforcementsystems; and
(5) authorize the collection of user fees charges by a third party.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-6
Agreement concerning electronic toll collections on Indiana TollRoad
Sec. 6. (a) As used in this section, "Class 2 vehicle" means anyvehicle with two (2) axles, including motorcycles.
(b) If the authority enters into a public-private agreementconcerning the operation of the Indiana Toll Road, the authority shallenter into a written agreement with the operator concerning theimplementation of electronic or nonmanual means of collecting userfees imposed on Class 2 vehicles.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-7
Collection of user fees after expiration of public-private agreement
Sec. 7. (a) After expiration of a public-private agreement, the
authority may:
(1) continue to charge user fees for the use of the toll roadproject; or
(2) delegate to a third party the authority to continue to collectthe user fees.
(b) Revenues collected under this section must first be used foroperations and maintenance of the toll road project. Any revenuesdetermined by the authority to be excess must be paid to theauthority for deposit in the toll road fund established byIC 8-15.5-11.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-8
Actions to contest validity of user fees
Sec. 8. Any action to contest the validity of user fees fixed underthis chapter may not be brought after the fifteenth day following theeffective date of a rule fixing the user fees adopted underIC 4-22-2-37.1(a)(30).
As added by P.L.47-2006, SEC.39.