Section 135 IAC 4-1-1 - DefinitionsAuthority: IC 8-15.5-7-8; IC 9-21-3.5
Affected: IC 8-23-2-1; IC 9-18-2-17; IC 9-21-3.5-9
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the Indiana finance authority, a body politic and corporate created by Indiana pursuant to IC 4-4-11-4 [IC 4-4-11was repealed by P.L. 189-2018, SECTION 3, effective July 1, 2018. See IC 5-1.2.].(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 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 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 two hundred fifty dollars ($250).(h) "Commercial account" means a transponder account covering 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: (1) reconstruction of and operational improvements to the Kennedy bridge;(2) the interchange where I-64, I-65, and I-71 converge on the south side of the Kennedy bridge in downtown Louisville, Kentucky;(3) the new downtown I-65 bridge; and(4) the reconstructed I-65 approach in Indiana.(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 which registration information on motorists may be shared for collections of tolls and fees or enforcement of toll violations, or pursuant to which interstate agreements for mutual enforcement of toll violations may occur.(cc) "Registered video tolling account" means a prefunded video tolling account, pursuant to 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 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 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).(jj) "Vehicle" means every device (motorized or nonmotorized) in, upon, 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.Indiana Finance Authority; 135 IAC 4-1-1; emergency rule filed Oct 24, 2016, 11:53 a.m.: 20161026-IR-135160490ERA, expires Dec 31, 2052; readopted filed 12/1/2022, 11:58 a.m.: 20221228-IR-135220288RFA