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TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION

Final Rule
LSA Document #10-392(F)

DIGEST

Adds 105 IAC 15 to adopt rules permitting INDOT to collect tolls on the Wabash Bridge in Posey County, Indiana, and setting the toll schedule and procedures regarding the administration and collection of tolls. Effective 30 days after filing with the Publisher.



SECTION 1. 105 IAC 15 IS ADDED TO READ AS FOLLOWS:

ARTICLE 15. TOLL BRIDGES


Rule 1. Definitions


105 IAC 15-1-1 Applicability

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 1. The definitions in this rule apply throughout this article.
(Indiana Department of Transportation; 105 IAC 15-1-1; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-2 "Automobile" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 2. "Automobile" means any self-propelled two (2) axle vehicle designed for the transportation of people, including a bus with two (2) axles and without dual rear wheels.
(Indiana Department of Transportation; 105 IAC 15-1-2; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-3 "Axle" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 3. "Axle" means the common axis of rotation of one (1) or more wheels, whether power driven or freely rotating, and whether in one (1) or more segments and regardless of the number of wheels carried thereon.
(Indiana Department of Transportation; 105 IAC 15-1-3; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-4 "Bicycle" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 4. "Bicycle" means any vehicle that has the possibility of being foot propelled, irrespective of the number of wheels in contact with the ground.
(Indiana Department of Transportation; 105 IAC 15-1-4; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-5 "Department" defined

Authority: IC 8-15-3


Sec. 5. "Department" means the Indiana department of transportation as established in IC 8-23-2-1. As used in this article, "department" means the Indiana department of transportation acting directly or through its authorized representative.
(Indiana Department of Transportation; 105 IAC 15-1-5; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-6 "Electronic toll collection" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 6. "Electronic toll collection" is a toll collection method that eliminates the need for cash, tokens, or credit cards to be used at tollbooths. Vehicles are equipped with small electronic devices that transmit both vehicle and account details through a reader located in or near the toll lane. The appropriate toll is then debited from the driver's prepaid account.
(Indiana Department of Transportation; 105 IAC 15-1-6; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-7 "Farm tractor" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 7. "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing farm machinery.
(Indiana Department of Transportation; 105 IAC 15-1-7; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-8 "Motorcycle" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 8. "Motorcycle" means every motorized vehicle designed to travel on not more than three (3) wheels in contact with the ground.
(Indiana Department of Transportation; 105 IAC 15-1-8; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-9 "Nonrevenue vehicle" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 9. "Nonrevenue vehicle" means a vehicle not charged a toll for bridge use. Nonrevenue vehicles shall include vehicles operated by the following:
(1) Indiana state police officers and other law enforcement or emergency vehicles acting on official business.
(2) Military members with appropriate identification acting on official military business.
(3) Department personnel acting on official department business.
(Indiana Department of Transportation; 105 IAC 15-1-9; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-10 "Operator" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 10. "Operator" means every person who drives, or is in actual physical control of a vehicle upon a toll bridge or who is exercising control over, or steering, a vehicle being towed or pushed by another vehicle.
(Indiana Department of Transportation; 105 IAC 15-1-10; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-11 "Pickup truck" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 11. "Pickup truck" means a self-propelled, two (2) axle, four (4) wheel vehicle with an open or covered bed.
(Indiana Department of Transportation; 105 IAC 15-1-11; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-12 "Toll" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 12. "Toll" means the compensation to be paid for the privilege of using a toll bridge or any portion thereof.
(Indiana Department of Transportation; 105 IAC 15-1-12; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-13 "Toll bridge" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 13. "Toll bridge" means any bridge under the jurisdiction of the department for which a schedule of tolls has been adopted and is currently in effect.
(Indiana Department of Transportation; 105 IAC 15-1-13; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-14 "Trailer" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 14. "Trailer" means a vehicle without motive power that is:
(1) designed to be pulled by a motor vehicle; and
(2) constructed so that no part of its weight rests on the towing vehicle.
(Indiana Department of Transportation; 105 IAC 15-1-14; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-15 "Truck" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 15. "Truck" means any of numerous self-propelled vehicles designed and used for heavy hauling.
(Indiana Department of Transportation; 105 IAC 15-1-15; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-16 "Vehicle" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 16. "Vehicle" means every device (motorized or nonmotorized) in, upon, or by which any person or property is or may be transported or drawn upon a toll bridge.
(Indiana Department of Transportation; 105 IAC 15-1-16; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-1-17 "Wabash Memorial Toll Bridge" defined

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 17. "Wabash Memorial Toll Bridge" means the toll bridge over which State Road 62 passes from the state of Indiana into the state of Illinois in Posey County, Indiana.
(Indiana Department of Transportation; 105 IAC 15-1-17; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


Rule 2. Payment of Toll


105 IAC 15-2-1 Payment of toll

Authority: IC 8-15-3
Affected: IC 8-16-1


Sec. 1. (a) Every operator of a vehicle using a toll bridge shall pay the toll prescribed by the department, except for nonrevenue vehicles or when such use shall have been otherwise exempted from such payment by the department.

(b) All persons driving vehicles upon the toll bridge, except for those driving nonrevenue vehicles as defined in 105 IAC 15-1-9, are required to pay the prescribed toll at the toll collection plaza. By order of the commissioner of the department considering factors such as efficiency and safety in toll collection and bridge operation, tolls may be paid by:
(1) currency or change presented to an employee of the department;
(2) correct change deposited in the automatic coin machine; or
(3) use of an electronic toll collection system.
(Indiana Department of Transportation; 105 IAC 15-2-1; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


105 IAC 15-2-2 Toll schedule for the Wabash Memorial Toll Bridge

Authority: IC 8-15-3; IC 8-16-1-26
Affected: IC 8-16-1


Sec. 2. The following toll rates shall apply to the Wabash Memorial Toll Bridge in Posey County:
WABASH MEMORIAL TOLL BRIDGE TOLL SCHEDULE 
NO.  VEHICLE CLASSIFICATION DESCRIPTION  TOLL RATE 
1  AUTOMOBILE/PICKUP TRUCK  .50 
2  TWO AXLE TRUCK OR BUS WITH DUAL REAR WHEELS  .70 
3  THREE AXLE TRUCK  .95 
4  FOUR AXLE TRUCK  1.20 
5  FIVE AXLE TRUCK  1.45 
6  SIX AXLE TRUCK  1.70 
7  AUTOMOBILE/PICKUP TRUCK WITH ONE AXLE TRAILER  .75 
8  AUTOMOBILE/PICKUP TRUCK WITH TWO AXLE TRAILER  1.00 
9  NONREVENUE VEHICLE  .00 
10  AUTOMOBILE/PICKUP TRUCK WITH THREE AXLE TRAILER  1.25 
11  MOTORCYCLE/BICYCLE  .30 
12  ADDITIONAL AXLE  .25 
(Indiana Department of Transportation; 105 IAC 15-2-2; filed Dec 1, 2011, 4:00 p.m.: 20111228-IR-105100392FRA)


LSA Document #10-392(F)
Notice of Intent: 20100616-IR-105100392NIA
Proposed Rule: 20110309-IR-105100392PRA
Hearing Held: April 7, 2011
Approved by Attorney General: November 10, 2011
Approved by Governor: November 30, 2011
Filed with Publisher: December 1, 2011, 4:00 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Abby Mason, Indiana Department of Transportation, Vincennes District, 3650 South US 41, Vincennes, IN 47591, (812) 895-7309, amason@indot.in.gov

Posted: 12/28/2011 by Legislative Services Agency

DIN: 20111228-IR-105100392FRA
Composed: Nov 23,2014 3:21:38PM EST
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