Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R940. Transportation Commission, Administration.

Rule R940-1. Establishment of Toll Rates.

As in effect on April 1, 2019

Table of Contents

R940-1-1. Purpose and Authority.

The purpose of this rule is to establish procedures for the setting of toll rates. This rule is authorized by Section 72-6-118.

R940-1-2. Definitions.

(1) "Commission" means the Transportation Commission, which is created in Section 72-1-301;

(2) "Department" means the Utah Department of Transportation, which is created in Section 72-1-101;

(3) "HOT Lane" means a High Occupancy Vehicle Lane as designated pursuant to Section 41-6a-702 and R926-9.

(4) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single-occupant motor vehicle must pay for the privilege of driving on a HOT Lane.

(5) "Tollway" has the meaning described in Section 72-6-118.

(6) "Tollway development agreement" has the meaning described in Section 72-6-202.

R940-1-3. Setting Toll Rates.

(1) The Commission shall be responsible for setting toll rates on state highways as specified in this rule.

(2) Toll rates for facilities included in a tollway development agreement shall be set in accordance with the terms and conditions of the tollway development agreement. Terms and conditions relating to toll rates are required to be presented to the Commission in connection with award of the tollway development agreement, and any modifications to such terms and conditions will be considered a substantial modification or amendment requiring Commission approval under Section R940-1-3.

(3) The Commission may, in its sole discretion, increase the toll rates for a facility subject to a tollway development agreement above the amount allowed under the tollway development agreement.

R940-1-4. Base Toll Rate and Range for HOT Lanes.

(1) In deciding what Toll is appropriate for HOT Lanes that are not subject to tollway development agreements, the Commission balances the need to obtain revenue against the effect that a certain Toll amount will have on demand. The goal is to set a price that encourages optimal use of the HOT Lane.

(2) For HOT Lanes the toll is $0.25 to $1.00 per payment zone. The Department will manage the amount of the toll necessary to keep the lane freely flowing.

(3) Toll rates for HOT Lanes that are subject to a tollway development agreement shall be set in the tollway development agreement.

R940-1-5. Tollway Restricted Special Revenue Fund.

(1) Pursuant to state law, tolls collected by the department and certain funds received by the department through a tollway development agreement are deposited in the Tollway Special Revenue Fund established in Section 72-2-120.

(2) Monies from the fund may be used to establish and operate tollways and related facilities, including design, construction, reconstruction, operation, maintenance, enforcement, impacts from tollways, and acquisition of right-of-way, pursuant to Section 72-2-120.

KEY

transportation, tolls, HOT Lanes, tollways

Date of Enactment or Last Substantive Amendment

April 21, 2011

Notice of Continuation

June 2, 2016

Authorizing, Implemented, or Interpreted Law

72-2-120; 72-6-118


Additional Information

Contact

For questions regarding the content or application of rules under Title R940, please contact the promulgating agency (Transportation Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.