Section 135 IAC 2.5-2-1 - TollsAuthority: IC 8-15-2; IC 8-15.5-7; IC 8-15.5-10
Affected: IC 8-15.5
Sec. 1.
(b) For purposes of application of subsection (e), the maximum toll levels for class 2 users as of June 29, 2010, are listed below: | | | | |
| | Barrier System | | |
| | | | Class 2 |
| | Direction of Travel | Entry or Exit | Two Axle Vehicles and Motorcycles |
| Plaza 1 | West Point | | | |
| | WB | EXIT | $0.50 |
| | EB | ENTRY | 0.50 |
| Plaza 5 | Calumet Ave | | | |
| | WB | EXIT | $0.25 |
| | EB | ENTRY | 0.25 |
| Plaza 10 | Cline Ave | | | |
| | WB | EXIT | $0.25 |
| | EB | ENTRY | 0.25 |
| Plaza 17 | I-65/Gary East | | | |
| | WB | ENTRY | $0.15 |
| | EB | EXIT | 0.15 |
| Plaza 21 | Lake Station/I-94 | | | |
| | WB | ENTRY | $0.30 |
| | EB | EXIT | 0.30 |
| Plaza 23 | Willow Creek Rd. | | | |
| | WB | ENTRY | $0.30 |
| | | | |
| | | | |
| | | | | | | | | | | | | | |
| 24 | | | | | Ticket System | | | | | | | | |
| Portage | 31 | | | | | | | | | | | | |
| Barrier | Valparaiso - | 39 | | | | | | | | | | | |
| 31 | 0.45 | Chesterton | Michigan | 49 | | | | | | | | | | |
| 39 | 0.65 | 0.40 | City | | 72 | | | | | | | | | |
| 49 | 1.00 | 0.65 | 0.40 | LaPorte | South Bend | 77 | | | | | | | | |
| 72 | 1.55 | 1.10 | 0.95 | 0.65 | West | South Bend | 83 | | | | | | | |
| 77 | 1.75 | 1.30 | 1.10 | 0.90 | 0.35 | Notre Dame | | 92 | | | | | | |
| 83 | 2.00 | 1.55 | 1.30 | 1.10 | 0.45 | 0.35 | Mishawaka | | 96 | | | | | |
| 92 | 2.20 | 1.75 | 1.65 | 1.30 | 0.70 | 0.55 | 0.40 | Elkhart | Elkhart | 101 | | | | |
| 96 | 2.35 | 1.95 | 1.70 | 1.40 | 0.75 | 0.60 | 0.50 | 0.35 | East | Bristol - | 107 | | | |
| 101 | 2.50 | 2.10 | 1.85 | 1.50 | 0.90 | 0.70 | 0.55 | 0.40 | 0.35 | Goshen | | 121 | | |
| 107 | 2.65 | 2.30 | 2.05 | 1.65 | 1.10 | 0.95 | 0.75 | 0.55 | 0.40 | 0.35 | Middlebury | Howe | 144 | |
| 121 | 3.05 | 2.65 | 2.50 | 2.10 | 1.55 | 1.30 | 1.10 | 0.90 | 0.75 | 0.65 | 0.45 | LaGrange | | 153 |
| 144 | 3.70 | 3.40 | 3.20 | 2.75 | 2.20 | 2.00 | 1.80 | 1.65 | 1.45 | 1.30 | 1.10 | 0.75 | Angola | East |
| 153 | 4.15 | 3.85 | 3.60 | 3.20 | 2.65 | 2.40 | 2.20 | 2.00 | 1.70 | 1.65 | 1.45 | 1.10 | 0.45 | Point |
| Through trip toll rate: $4.65 |
(c) Maximum toll levels for class 2 users who are not eligible electronic transponder users from the freeze termination date through June 30, 2010, for purposes of application of subsection (e). The maximum toll levels applicable to class 2 users (including commuter discount users) who are not eligible electronic transponder users from the freeze termination date through June 30, 2010, shall be as follows: | | | | |
| | Barrier System | | |
| | | | Class 2 |
| | Direction of Travel | Entry or Exit | Two Axle Vehicles and Motorcycles |
| Plaza 1 | West Point | | | |
| | WB | EXIT | 1.25 |
| | EB | ENTRY | 1.25 |
| Plaza 5 | Calumet Ave | | | |
| | WB | EXIT | 1.00 |
| | EB | ENTRY | 1.00 |
| Plaza 10 | Cline Ave | | | |
| | WB | EXIT | 0.75 |
| | EB | ENTRY | 0.75 |
| Plaza 17 | I-65/Gary East | | | |
| | WB | ENTRY | $0.50 |
| | EB | EXIT | 0.50 |
| Plaza 21 | Lake Station/I-94 | | | |
| | WB | ENTRY | $0.50 |
| | EB | EXIT | 0.50 |
| Plaza 23 | Willow Creek Rd. | | | |
| | WB | ENTRY | $0.50 |
| | EB | EXIT | 0.50 |
| | | | |
| | | | | | | | | | | | | | |
| 24 | | | | | | Ticket System | | | | | | | |
| Portage | 31 | | | | | | | | | | | | |
| Barrier | Valparaiso - | 39 | | | | | | | | | | | |
| 31 | 0.50 | Chesterton | Michigan | 49 | | | | | | | | | | |
| 39 | 0.75 | 0.50 | City | | 72 | | | | | | | | | |
| 49 | 1.25 | 1.00 | 0.50 | LaPorte | South Bend | 77 | | | | | | | | |
| 72 | 2.50 | 2.00 | 1.75 | 1.25 | West | South Bend | 83 | | | | | | | |
| 77 | 2.75 | 2.25 | 2.00 | 1.50 | 0.50 | Notre Dame | | 96 | | | | | | |
| 83 | 3.00 | 2.50 | 2.25 | 1.75 | 0.50 | 0.50 | Mishawaka | | 96 | | | | | |
| 92 | 3.50 | 3.00 | 2.75 | 2.25 | 1.00 | 0.75 | 0.50 | Elkhart | Elkhart | 101 | | | | |
| 96 | 3.75 | 3.25 | 2.75 | 2.25 | 1.25 | 1.00 | 0.75 | 0.50 | East | Bristol- | 107 | | | |
| 101 | 4.00 | 3.50 | 3.00 | 2.50 | 1.50 | 1.25 | 1.00 | 0.50 | 0.50 | Goshen | | 121 | | |
| 107 | 4.25 | 3.75 | 3.50 | 3.00 | 1.75 | 1.50 | 1.25 | 0.75 | 0.50 | 0.50 | Middlebury | Howe | 144 | |
| 121 | 5.00 | 4.50 | 4.25 | 3.75 | 2.50 | 2.25 | 2.00 | 1.50 | 1.25 | 1.00 | 0.75 | LaGrange | | 153 |
| 144 | 6.00 | 5.75 | 5.25 | 4.75 | 3.75 | 3.50 | 3.00 | 2.50 | 2.50 | 2.25 | 1.75 | 1.25 | Angola | East |
| 153 | 6.75 | 6.25 | 6.00 | 5.50 | 4.25 | 4.00 | 3.75 | 3.25 | 3.00 | 2.75 | 2.50 | 1.75 | 0.75 | Point |
| Through trip toll rate: $8.00 |
(d) Maximum toll levels for through trips for users in classes 3 through 7 for purposes of application of subsection (e). The maximum toll levels applicable to users in classes 3 through 7 for use of the toll road in each direction for through trips shall be the tolls set forth as follows: (1) Period from the closing date through June 30, 2010, for class 3 users. The maximum toll levels from class 3 users of the toll road for use of the toll road in each direction for through trips for the period from the closing date through June 30, 2010, shall be as follows: | Period | Toll ($) | Through Trip Per Mile Rate ($/Mile) |
| Closing - March 31, 2007 | $9.20 | $0.059 |
| April 1, 2007 - March 31, 2008 | $9.90 | $0.063 |
| April 1, 2008 - March 31, 2009 | $10.70 | $0.068 |
| April 1, 2009 - June 30, 2010 | $11.77 | $0.075 |
(2) Period from closing date through June 30, 2010, for class 4 users. The maximum toll levels from class 4 users of the toll road for use of the toll road in each direction for through trips for the period from the closing date through June 30, 2010, shall be as follows: | Period | Toll ($) | Through Trip Per Mile Rate ($/Mile) |
| Closing - March 31, 2007 | $13.78 | $0.088 |
| April 1, 2007 - March 31, 2008 | $17.40 | $0.111 |
| April 1, 2008 - March 31, 2009 | $21.01 | $0.134 |
| April 1, 2009 - June 30, 2010 | $24.63 | $0.157 |
(3) Period from closing date through June 30, 2010, for class 5 users. The maximum toll levels from class 5 users of the toll road for use of the toll road in each direction for through trips for the period from the closing date through June 30, 2010, shall be as follows: | Period | Toll ($) | Through Trip Per Mile Rate ($/Mile) |
| Closing - March 31, 2007 | $17.90 | $0.114 |
| April 1, 2007 - March 31, 2008 | $22.60 | $0.144 |
| April 1, 2008 - March 31, 2009 | $27.30 | $0.174 |
| April 1, 2009 - June 30, 2010 | $32.00 | $0.204 |
(4) Period from closing date through June 30, 2010, for class 6 users. The maximum toll levels from class 6 users of the toll road for use of the toll road in each direction for through trips for the period from the closing date through June 30, 2010, shall be as follows: | Period | Toll ($) | Through Trip Per Mile Rate ($/Mile) |
| Closing - March 31, 2007 | $21.04 | $0.134 |
| April 1, 2007 - March 31, 2008 | $26.56 | $0.169 |
| April 1, 2008 - March 31, 2009 | $32.08 | $0.204 |
| April 1, 2009 - June 30, 2010 | $37.61 | $0.240 |
(5) Period from closing date through June 30, 2010, for class 7 users. The maximum toll levels from class 7 users of the toll road for use of the toll road in each direction for through trips for the period from the closing date through June 30, 2010, shall be as follows: | Period | Toll ($) | Through Trip Per Mile Rate ($/Mile) |
| Closing - March 31, 2007 | $39.06 | $0.249 |
| April 1, 2007 - March 31, 2008 | $49.32 | $0.314 |
| April 1, 2008 - March 31, 2009 | $59.57 | $0.379 |
| April 1, 2009 - June 30, 2010 | $69.83 | $0.445 |
(6) Period from closing date through June 30, 2010, for all users in classes 3 through 7 for non-through trips. The maximum toll levels from users of the toll road in classes 3 through 7 for use of the toll road in each direction for non-through trips for the period from the closing date through June 30, 2010, are the tolls set forth in 135 IAC 2-5-2.Sec. 1.(e) Subsequent adjustment to maximum toll levels. On each tolling measurement date starting June 30, 2013, toll levels may be increased by the subsequent applicable percentage toll increase without further action by the authority. For purposes of this determination, "subsequent applicable percentage toll increase" means the greater of:
(2) the percentage increase of the index or per capita nominal GDP; whichever is greater, measured from January 1 to December 31 for the calendar year immediately preceding the tolling measurement date. Any adjustment made pursuant to this subdivision shall be made to the toll levels calculated without giving effect to any of the rounding described in subsection (g)(1) that may have occurred prior to the relevant date of the adjustment. The following example is for illustrative purposes only:
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| | | | | | |
| Indiana Toll Road |
| Illustrative Calculation of Four Year Look Back |
| | | | | | |
| Measurement Dates | | | | |
| From | To | | 2.000% | CPI | GDP/Capita |
| 1/1/2010 | 12/31/2010 | | 2.000% | 2.050% | 1.950% |
| Implemented on 6/30/2011 | | 2.05% | | |
| | | | | | |
(f) Classifications. For purposes of this article, the following classifications shall apply: (1) Class 2. Any vehicle with two (2) axles, including motorcycles.(2) Class 3. Any vehicle or combination with three (3) axles.(3) Class 4. Any vehicle or combination with four (4) axles.(4) Class 5. Any vehicle or combination with five (5) axles.(5) Class 6. Any vehicle or combination with six (6) axles.(6) Class 7. Any vehicle or combination with seven (7) or more axles and all LCVs.(g) Application of maximum toll levels. The toll levels determined in accordance with this section represent the maximum toll levels which the concessionaire shall be authorized to charge. Subject to the notice provisions of 135 IAC 2.5-3-1, the concessionaire shall be authorized to charge toll levels which are less than the applicable maximum toll levels at its discretion, including providing for lower toll levels at determined times during the day, or for commuters, trucking companies, or other frequent users of the toll road. In addition, anytime after June 30, 2010, so long as (A) the aggregate charge for a through trip does not exceed the applicable maximum level; (B) the charge for any non-through trip is not less than the maximum toll levels set forth herein as of June 29, 2010; and (C) any increase in the toll level charged by the concessionaire on the toll road is allocated to all segments of the toll road such that the highest per mile increase does not exceed three (3) times the lowest per mile increase; the concessionaire at its discretion shall be permitted to set the maximum toll level for any segment of the toll road to any level it determines. For purposes of determining different toll levels for the various segments of the toll road anytime after June 30, 2010, the following shall apply: (1) Notwithstanding the toll levels determined in accordance with this section, the actual tolls charged by the concessionaire will be rounded to:(A) the nearest $0.01 if the toll is collected using an electronic tolling system; and(B) the nearest $0.10 in the event that such toll is not collected using an electronic tolling system.(2) The maximum toll for any journey will be calculated as the sum of the tolls for each segment of the toll road included in the journey, subject to the following: (A) Tolls at Westpoint (MP 1) and at ramp plazas to and from the east at Calumet Avenue (MP 5) and Cline Avenue (MP 10) will be computed assuming the trips were to/from Portage (MP 24).(B) Tolls at ramp plazas to and from the west at I-65 Gary East (MP 17), I-94/Lake Station (MP 21) and Willow Creek (MP 23) will be computed assuming the trips were to/from Buchanan Street (MP 13).(h) The table below presents the mileage that shall be used when determining maximum (or minimum) toll levels for any segment of the toll road, provided that if the location of any of the toll plazas is changed or a new toll plaza is added, then the segment lengths shall be adjusted to reflect such change in a manner consistent with the methodology used in preparation of the table below: | | | |
| Mileage Used |
| Toll Plaza | From | To | Segment Length |
| Westpoint | 0.0 | 3.0 | 3.0 |
| S.R. 912 | 3.0 | 5.0 | 2.0 |
| Calumet Ave | 5.0 | 10.0 | 5.0 |
| Cline Ave | 10.0 | 13.0 | 3.0 |
| Buchanan St. | 13.0 | 15.0 | 2.0 |
| Broadway | 15.0 | 17.0 | 2.0 |
| I-65 Gary East | 17.0 | 21.0 | 4.0 |
| Burns Harbor/I-94 | 21.0 | 23.0 | 2.0 |
| Willowcreek Rd. | 23.0 | 24.0 | 1.0 |
| Portage | 24.0 | 31.0 | 7.0 |
| S.R. 49/Valparaiso | 31.0 | 39.0 | 8.0 |
| U.S. 421/Michigan City | 39.0 | 49.0 | 10.0 |
| S. R. 39/LaPorte | 49.0 | 72.0 | 23.0 |
| U.S. 31 Bypass | 72.0 | 77.0 | 5.0 |
| U.S. 31-33/South Bend | 77.0 | 83.0 | 6.0 |
| Mishawaka/Fir Rd | 83.0 | 92.0 | 9.0 |
| S. R. 19/Elkhart | 92.0 | 96.0 | 4.0 |
| Elkhart East | 96.0 | 101.0 | 5.0 |
| S. R. 15/Bristol/Goshen | 101.0 | 107.0 | 6.0 |
| S.R. 13/U.S. 31/Middlebury | 107.0 | 121.0 | 14.0 |
| S. R. 9 Howe/LaGrange | 121.0 | 144.0 | 23.0 |
| I-69 Angola | 144.0 | 157.0 | 13.0 |
| Eastpoint (although located at milepost 153, for tolling purposes the toll plaza is assumed to end at milepost 157) | 157.0 | NA | NA |
(i) Tolls as only imposable charges as of closing date. The only charges that the concessionaire may impose on toll road users are the tolls authorized pursuant to this section and 135 IAC 2.5-5-1. For avoidance of doubt and in confirmation and furtherance of the foregoing, as of the closing date, the concessionaire may not charge administration fees related to use of the toll road nor impose interest rates on unpaid tolls or fees related to use of the toll road. Indiana Finance Authority; 135 IAC 2.5-2-1; emergency rule filed Jun 14, 2006, 10:50 a.m.: 29 IR 3391; emergency rule filed Mar 20, 2008, 10:35 a.m.: 20080402-IR-135080204ERA; emergency rule filed Jun 27, 2012, 10:23 a.m.: 20120711-IR-135120394ERA