135 Ind. Admin. Code 2-1-1

Current through October 31, 2024
Section 135 IAC 2-1-1 - Definitions

Authority: IC 8-15-2-17; IC 8-15-2-17.2; IC 8-15.5-10

Affected: IC 8-15-2; IC 8-15.5

Sec. 1.

The following definitions apply throughout this article unless the context indicates another or different meaning or intent:

(1) "Aircraft" means any contrivance used or designed for navigation of or flight in the air.
(2) "Authority" means the Indiana finance authority.
(3) "Automatic lane" means those entry or exit lanes located at toll plazas that are:
(A) generally unattended by toll attendants; and
(B) equipped with automatic:
(i) ticket dispensers; or
(ii) coin receptacles;

for the collection of specified tolls.

(4) "Axle" means the common axis of rotation of one (1) or more wheels:
(A) whether power driven or freely rotating;
(B) whether in one (1) or more segments; and
(C) regardless of the number of wheels carried thereon.
(5) "Axle weight" means the total weight concentrated on one (1) or more axles spaced less than forty (40) inches from center to center.
(6) "Bicycle" means any vehicle irrespective of the number of wheels in contact with the ground that has the possibility of being foot propelled.
(7) "Bus" means any vehicle designed for the transportation of sixteen (16) or more persons.
(8) "Concessionaire" means the operator of the toll road as designated by the governor on March 29, 2006 under IC 8-15.5-4 - 11(b).
(9) "Control devices and signals" means all:
(A) signs;
(B) signals;
(C) markings; and
(D) devices;

placed or erected on the toll road, as defined in this section, for the purpose of regulating, warning, or guiding traffic.

(10) "Converter dolly" means a one (1) or two (2) axle vehicle:
(A) designed to convert a semitrailer into a trailer; and
(B) usually coupled to a semitrailer for the purpose of making up a tandem trailer combination.
(11) "Cross-over" means a paved area in the median strip provided for the use of authorized vehicles to cross the median strip.
(12) "Deceleration lanes and acceleration lanes" means speed change lanes provided for vehicles entering and exiting service areas or interchanges adjacent to the outer traffic lanes.
(13) "Department" means the Indiana department of transportation.
(14) "Disabled vehicle" means any vehicle temporarily incapable of movement.
(15) "Electronic tolling system" means an electronic tolling system to be implemented by the concessionaire pursuant to a public-private agreement pursuant to IC 8-15.5.
(16) "Emergency vehicle" means the following:
(A) Fire and police vehicles.
(B) Ambulances.
(C) Other vehicles authorized by the authority.
(17) "Gross weight" means the total weight of a vehicle or combination of vehicles, including the weight of the following:
(A) The vehicle or vehicles.
(B) Loads.
(C) Drivers.
(D) Fuel.
(E) Spare tire.
(18) "Interchange" means that portion of the toll road:
(A) beginning at the point where entrance and exit roads join:
(i) federal;
(ii) state;
(iii) county; or
(iv) city;

highways or streets;

(B) ending at the point where the toll road traffic lanes join the deceleration and acceleration lanes, as defined in this section; and
(C) including all:
(i) bridges;
(ii) underpasses;
(iii) overpasses;
(iv) toll plazas; or
(v) parking areas;

located between the points referenced in clauses (A) and (B).

(19) "LCV double" means an LCV consisting of a:
(A) truck-tractor;
(B) semitrailer;
(C) converter dolly; and
(D) second semitrailer;

complying with the requirements in 135 IAC 2-7-2.

(20) "LCV triple" means a combination of vehicles consisting of:
(A) a truck-tractor;
(B) a semitrailer; and
(C) two (2) trailers;

complying with the requirements in 135 IAC 2-7-2.

(21) "Longer combination vehicle" or "LCV" means an LCV double or LCV triple combination.
(22) "Median strips" means the area between the inner traffic lane for westbound traffic and the inner traffic lane for eastbound traffic, including the following:
(A) Concrete barriers.
(B) Grassy areas.
(C) Inner shoulders.
(23) "Michigan trains" means a combination of three (3) vehicles consisting of a:
(A) truck-tractor;
(B) semitrailer; and
(C) trailer;

complying with the requirements of 135 IAC 2-8-2 hereafter, that exceeds ninety thousand (90,000) pounds.

(24) "Motorcycle" means every vehicle designed to travel on not more than three (3) wheels in contact with the ground.
(25) "Operator" means every person who:
(A) drives or is in actual physical control of a vehicle upon the toll road; or
(B) is exercising control over or steering a vehicle being towed or pushed by another vehicle.
(26) "Oversize or unusual vehicle" means those vehicles exceeding the allowable dimensions set forth in 135 IAC 2-4-1 hereafter.
(27) "Parking" means the stopping or standing of a vehicle whether occupied or not. A vehicle shall not be deemed to be parked if stopped temporarily for any of the following reasons:
(A) Because its movement is obstructed.
(B) While waiting to enter or exit a toll booth lane.
(C) In obedience to:
(i) the direction of a police officer, toll attendant, or other toll road employee assigned to traffic control work; or
(ii) an official sign, signal, marking, or device.
(D) Because it is disabled.
(28) "Pedestrian" means any natural person afoot.
(29) "Permitted company" means a company as described in 135 IAC 2-7-21.
(30) "Person" means any of the following:
(A) A natural person.
(B) A firm.
(C) A copartnership.
(D) An association.
(E) A corporation.
(F) A legal entity.
(31) "Police officer" means all officers of the Indiana state police assigned to duty on the toll road by the superintendent of state police.
(32) "Public police officer" means peace officers of:
(A) the United States; or
(B) Indiana or its political subdivisions;

while in discharge of their official duties.

(33) "Radioactive material" means any material, or combination of materials, that spontaneously emits ionizing radiation, excepting only those specifically exempted from control by the hazardous materials regulations of the United States Department of Transportation, Federal Highway Administration.
(34) "Semitrailer" means every vehicle without motive power:
(A) designed for:
(i) carrying persons or property;
(ii) being drawn by another vehicle;
(B) constructed so that some part of its weight and load:
(i) rests upon; or
(ii) is carried by;

another vehicle.

(35) "Shoulders" means the paved strips adjoining the following:
(A) Traffic lanes.
(B) Acceleration and deceleration lanes.
(C) Interchange ramps.
(36) "Tandem axle group" means two (2) or more axles spaced:
(A) more than forty (40) inches; and
(B) less than ninety-six (96) inches.
(37) "Toll" means the fees collected by the concessionaire for the use of the toll road and includes all revenues charged by or on behalf of the concessionaire in respect of vehicles using the toll road during the term of any public-private agreement entered into in accordance with IC 8-15.5-4, including revenues collected through an electronic tolling system.
(38) "Toll attendant" means a toll road employee assigned to and on duty at a toll plaza for the purpose of:
(A) collecting tolls; or
(B) issuing toll tickets.
(39) "Toll plaza" means the portion of the toll road:
(A) beginning where the pavement widens on the approach to the toll booths;
(B) ending at the point where the pavement narrows to the normal width of roadway after passing the toll booths; and
(C) including all booths and buildings located thereon.
(40) "Toll road" means all:
(A) traffic lanes;
(B) acceleration lanes;
(C) deceleration lanes;
(D) shoulders;
(E) median strips;
(F) bridges;
(G) overpasses;
(H) underpasses;
(I) interchanges;
(J) approaches;
(K) entrance and exit ramps;
(L) toll plazas;
(M) travel plazas;
(N) maintenance areas; and
(O) other areas adjacent thereto;

comprising a part of the Indiana east-west toll road.

(41) "Toll road employee" means each person in the official employ of the concessionaire.
(42) "Traffic" means vehicles, either singly or together, using any portion of the toll road for the purpose of travel.
(43) "Traffic control signal" means any device, whether:
(A) manually;
(B) electrically; or
(C) mechanically;

operated, by which traffic on the toll road is regulated.

(44) "Traffic lanes" means the four (4) or six (6) continuous traffic lanes (each for a single line of vehicles) extending between the eastern and western termini of the toll road. These four (4) or six (6) traffic lanes are in two (2) or three (3) lanes, which lanes are separated by the median strip. The lanes that lie generally to the north of the median strip are for westbound traffic, and the lanes that lie generally to the south of the median strip are for eastbound traffic.
(45) "Trailer" means a vehicle without motive power designed for carrying property.
(46) "Travel plaza" means the portion of the toll road right-of-way occupied by the:
(A) restaurant buildings;
(B) fuel stations; and
(C) parking and seeded areas adjacent thereto;

including the deceleration lanes and acceleration lanes provided for entering and exiting the areas.

(47) "Truck-tractor" means every vehicle:
(A) designed and used primarily for drawing other vehicles; and
(B) constructed so as not to carry a load other than a part of the weight of the vehicle and load so drawn.

Nothing in this section prohibits the transportation of motor vehicles on part of the truck-tractor.

(48) "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 highway.

135 IAC 2-1-1

Indiana Finance Authority; 135 IAC 2-1-1; filed Dec 6, 1983, 1:52 p.m.: 7 IR 321; errata, 7 IR 1054; readopted filed Nov 6, 2002, 10:33 a.m.: 26 IR 882; filed May 4, 2006, 12:55 p.m.: 29 IR 2899; emergency rule filed Jun 14, 2006, 10:50 a.m.: 29 IR 3397; readopted filed Sep 20, 2012, 12:24 p.m.: 20121017-IR-135120378RFA