in-20250108-IR-135240575FNA: The Indiana Finance Authority (IFA) is soliciting public comment on amending rules at 135 IAC 4 regarding tolls and toll enforcement on the Ohio River bridges (ORB). IFA seeks comment on the affected citations listed and any other provisions of Title 135 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-575 Sec. 1. (a) The definitions in this section apply throughout this article. (b) "Administrative hearing" means an administrative hearing conducted in accordance with 135 IAC 4-9-3 for the resolution of disputes on whether a toll is due and payable. (c) "All-electronic tolling" means a system of toll assessment and collection while vehicles pass through tolling zones at highway speeds, using exclusively electronic toll collection and video tolling, without manual toll collection. (d) "Authority" means the Indiana finance authority a body politic and corporate created by Indiana pursuant to IC 4-4-11-4 established by IC 5-1.2-3-1. (e) "Away transponder" means transponders or tags issued by or on behalf of another tolling entity, other than the states' parties or the toll operator for the Ohio River Bridges Project, that which may be used to pay a toll during a crossing. (f) "Business rules" means a set of policies and procedures established from time to time by the tolling body pursuant to under a toll policy agreement of the states' parties that defines how the toll transactions will be processed. (g) "Chronic violator" means a violator with an unpaid balance of tolls and fees in excess of exceeding two hundred fifty dollars ($250). (h) "Commercial account" means a transponder account covering at least five (5) or more registered vehicles. (i) "Crossing" means a vehicle transit on any of the Ohio River bridges, whether driven or towed, through a gantry or lane controller system for electronic toll collection or video tolling. (j) "DMV" means the Indiana bureau of motor vehicles, the Indiana secretary of state, the Indiana department of revenue, the Kentucky division of motor vehicle licensing, and any department or agency of any other state with jurisdiction over vehicle registration. (k) "Downtown Crossing" means the portion of the Ohio River Bridges Project that involves: (l) "East End Crossing" means the portion of the Ohio River Bridges Project that involves the new East End Bridge connecting the Gene Snyder Freeway (KY 841) to the Lee Hamilton Highway (SR 265), along with the approaches in Indiana and Kentucky. (m) "Electronic toll collection" means a toll collection method in which vehicles are equipped with prepaid transponders that transmit both vehicle and account details through a reader located in or near the toll lane, after which the appropriate toll is then debited from the motorist's prepaid account. (n) "Exempt crossing" means a crossing by registered or listed vehicles of the Transit Authority of River City or a successor agency, or by registered or listed police, fire, ambulance, or other emergency vehicles. (o) "Extraordinary services" means account administrative activities required or requested by a customer other than electronic or online account administrative services, such as mailing of printed account statements and other similar activities. (p) "Fees" means fees or charges incurred by a motorist in connection with the attempted collection by the authority, any states' parties or operator of tolls, fees for a toll violation or fees and fees or charges for the administration of accounts on the Ohio River bridges. (q) "Frequent user discount" means any program providing for discounted tolls based on frequency or volume of crossings recorded on a transponder. (r) "Home transponder" means transponders or tags issued by the states' parties, or the toll operator on behalf of the states' parties, which may include transponders eligible for use at other toll facilities. (s) "INDOT" means the Indiana department of transportation as established in IC 8-23-2-1. acting directly or through its authorized representative. (t) "Joint board" means the body by that name established under an interlocal agreement among the states' parties regarding the completion and administration of the Ohio River bridges. (u) "KPTIA" means the Kentucky Public Transportation Infrastructure Authority, one (1) of the states' parties. (v) "KYTC" means the Kentucky Transportation Cabinet, one (1) of the states' parties. (w) "Kennedy Bridge" means the John F. Kennedy Memorial Bridge over the Ohio River, providing southbound traffic on I-65 between Indiana and Kentucky. (x) "Motorist" means the registered owner of a vehicle engaged in a crossing as shown in the records of the applicable DMV. (y) "Private account" means an account owned by a natural person for up to four (4) vehicles. (z) "Ohio River Bridges Project" means the cross river mobility project connecting Louisville, Kentucky, and southern Indiana consisting of the East End Crossing and the Downtown Crossing. (aa) "Online" means posted on designated websites for the Ohio River Bridges Project. (bb) "Reciprocal agreement" means agreements among or between any of the states' parties and appropriate DMV or departments of other states pursuant to under which registration information on motorists may be shared for collections of tolls and fees or enforcement of toll violations, or pursuant to under which interstate agreements for mutual enforcement of toll violations may occur. (cc) "Registered video tolling account" means a prefunded video tolling account, pursuant to under which tolls are automatically debited from the account upon identification of registered license plate numbers. (dd) "States' parties" means, collectively, the authority, INDOT, KPTIA, and KYTC, acting through the joint board or tolling body created pursuant to under an interlocal agreement among the states' parties. (ee) "Toll" means the user fee to be paid for the privilege of using any of the Ohio River bridges. (ff) "Tolling body" means the body by that name established by the states' parties under an interlocal agreement which is designated for establishing toll policy for the Ohio River bridges. (gg) "Toll operator" or "operator" means a person or an entity retained by the states' parties to manage toll operations, collection, and enforcement on any of the Ohio River bridges, and initially means the toll system provider approved by the joint board on March 12, 2015. (hh) "Toll rates" means toll rates established by the tolling body and published online. (ii) "Toll violation" means the failure by a motorist to pay a toll when due after a crossing, which is a moving violation and a Class C infraction under IC 9-21-3.5-9(b) and a violation under KRS 175B.040(4). has the meaning set forth in IC 9-21-3.5-7.5. (jj) "Vehicle" means every device a motorized or nonmotorized device in, upon, on, or by which any person or property is or may be transported, towed, or drawn upon an Ohio River bridge. (kk) "Vehicle category" means the differentiation of vehicles for purposes of toll rate classifications as set forth in 135 IAC 4-4-1. (ll) "Video tolling" means a toll collection method involving the assessment of tolls against a motorist engaged in a crossing by virtue of video, photograph, laser, in ground loops, and other license plate recognition technology, including future technology developed for that purpose, other than electronic toll collection. (mm) "Violator" means a motorist who has committed a toll violation. Sec. 1. Each crossing, other than an exempt crossing, shall result in a toll, payable at the applicable toll rate. The registered owner of a vehicle engaged in a crossing motorist shall be responsible for payment of the toll. Failure to pay the toll in a timely fashion will result in the imposition of additional fees. Failure to pay tolls and fees will lead to a toll violation and other enforcement actions as set forth in this article. Sec. 2. (a) A schedule of fees shall be established from time to time by the tolling body. Fees currently in effect shall be are posted online A schedule of the then currently applicable tolls and fees shall be made available by the toll operator to any member of the public on request. at https://riverlink.com/tolling-options-rates/. (b) The current toll rates effective through June 30, 2025, are as follows: (c) The toll rates will increase annually July 1 each calendar year, and each July 1 thereafter, as long as the tolls are in force, by the greater of: (d) The following fees may also be issued in addition to any tolls owed: (e) If any amounts are not paid, IC 9-18.1-3-7 authorizes the bureau of motor vehicles to place a hold on the vehicle owner's ability to renew the vehicle's registration. Sec. 1. (a) After identification of the motorist with respect to of a vehicle that has made a crossing without a prepaid transponder account and for which no registered video tolling account exists, the toll operator shall send an initial invoice notice for the unpaid toll, specifying a due date not later than thirty (30) days after the date the invoice is received, in accordance with the specifications of the business rules. The invoice shall must provide evidence of the location, date, and time of the crossing, shall provide notice to the motorist of the opportunity for an administrative hearing to dispute the facts regarding whether the motorist has engaged in a crossing for which a toll is owed, and shall provide notice that failure to pay the toll when due shall lead to the imposition of fees, as provided in the business rules. The invoice shall must also notify the motorist of the availability of lower cost registered video tolling accounts and transponder accounts. Deficiencies in the form of the invoice shall do not absolve the motorist from the obligation to pay the toll. (b) If a toll is not paid by its due date, a second invoice notice of toll due may be sent specifying a due date not later than thirty (30) days after the date the second invoice is received, and notifying the motorist that failure to pay the toll when due will result in the imposition of fees set forth in 135 IAC 4-8-2, as well as the amount thereof. Sec. 2. Failure of a motorist to pay a toll by an applicable due date shall result in the imposition of additional fees Fees may be based on either the number of tolls owed or the number of invoices. set forth in 135 IAC 4-8-2. The toll operator shall send an invoice, in accordance with the procedures set forth in the business rules, to the motorist setting forth past due tolls and accrued fees, which shall specify a payment due date not more than thirty (30) days after transmittal of the invoice. The invoice notice shall must inform the motorist that failure to pay all amounts due may result in additional fees and further collection and enforcement activities in accordance with this rule and 135 IAC 4-10. Sec. 1. Failure to pay a toll by the date set in the second invoice notice described in 135 IAC 4-9-1(b) shall result in the declaration of a toll violation and the issuance by the toll operator, on behalf of the states' parties, of a violation notice therefor and an additional fee under 135 IAC 4-8-2(d)(2). Violation notices may be declared under any applicable statutes of Indiana or Kentucky. Outstanding tolls and fees specified in a violation notice shall be are due and payable not more than thirty (30) days after receipt of receiving the violation notice. Continued failure to pay a violation notice in a timely manner shall result in additional enforcement activities.