135 Ind. Admin. Code 2.5-2-1

Current through October 31, 2024
Section 135 IAC 2.5-2-1 - Tolls

Authority: IC 8-15-2; IC 8-15.5-7; IC 8-15.5-10

Affected: IC 8-15.5

Sec. 1.

(a) Maximum levels. The maximum toll levels, subject to paragraph (e) of this section [subsection (e)], shall be as listed at http://www.in.gov/ifa/files/ITRCC_Toll_Rates.pdf.
(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 TravelEntry or ExitTwo Axle Vehicles and Motorcycles
Plaza 1West Point
WBEXIT$0.50
EBENTRY0.50
Plaza 5Calumet Ave
WBEXIT$0.25
EBENTRY0.25
Plaza 10Cline Ave
WBEXIT$0.25
EBENTRY0.25
Plaza 17I-65/Gary East
WBENTRY$0.15
EBEXIT0.15
Plaza 21Lake Station/I-94
WBENTRY$0.30
EBEXIT0.30
Plaza 23Willow Creek Rd.
WBENTRY$0.30

24Ticket System
Portage31
BarrierValparaiso -39
310.45ChestertonMichigan49
390.650.40City72
491.000.650.40LaPorteSouth Bend77
721.551.100.950.65WestSouth Bend83
771.751.301.100.900.35Notre Dame92
832.001.551.301.100.450.35Mishawaka96
922.201.751.651.300.700.550.40ElkhartElkhart101
962.351.951.701.400.750.600.500.35EastBristol -107
1012.502.101.851.500.900.700.550.400.35Goshen121
1072.652.302.051.651.100.950.750.550.400.35MiddleburyHowe144
1213.052.652.502.101.551.301.100.900.750.650.45LaGrange153
1443.703.403.202.752.202.001.801.651.451.301.100.75AngolaEast
1534.153.853.603.202.652.402.202.001.701.651.451.100.45Point
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 ExitTwo Axle Vehicles and Motorcycles
Plaza 1West Point
WBEXIT1.25
EBENTRY1.25
Plaza 5Calumet Ave
WBEXIT1.00
EBENTRY1.00
Plaza 10Cline Ave
WBEXIT0.75
EBENTRY0.75
Plaza 17I-65/Gary East
WBENTRY$0.50
EBEXIT0.50
Plaza 21Lake Station/I-94
WBENTRY$0.50
EBEXIT0.50
Plaza 23Willow Creek Rd.
WBENTRY$0.50
EBEXIT0.50

24Ticket System
Portage31
BarrierValparaiso -39
310.50ChestertonMichigan49
390.750.50City72
491.251.000.50LaPorteSouth Bend77
722.502.001.751.25WestSouth Bend83
772.752.252.001.500.50Notre Dame 96
833.002.502.251.750.500.50Mishawaka96
923.503.002.752.251.000.750.50ElkhartElkhart101
963.753.252.752.251.251.000.750.50EastBristol-107
1014.003.503.002.501.501.251.000.500.50Goshen121
1074.253.753.503.001.751.501.250.750.500.50MiddleburyHowe144
1215.004.504.253.752.502.252.001.501.251.000.75LaGrange153
1446.005.755.254.753.753.503.002.502.502.251.751.25AngolaEast
1536.756.256.005.504.254.003.753.253.002.752.501.750.75Point
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:

PeriodToll ($)Through Trip Per Mile Rate ($/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:

PeriodToll ($)Through Trip Per Mile Rate ($/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:

PeriodToll ($)Through Trip Per Mile Rate ($/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:

PeriodToll ($)Through Trip Per Mile Rate ($/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:

PeriodToll ($)Through Trip Per Mile Rate ($/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:

(1) two percent (2%); or
(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:

Indiana Toll Road
Illustrative Calculation of Four Year Look Back
Measurement Dates
FromTo2.000%CPIGDP/Capita
1/1/201012/31/20102.000%2.050%1.950%
Implemented on 6/30/20112.05%

(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 PlazaFromToSegment Length
Westpoint0.03.03.0
S.R. 9123.05.02.0
Calumet Ave5.010.05.0
Cline Ave10.013.03.0
Buchanan St.13.015.02.0
Broadway15.017.02.0
I-65 Gary East17.021.04.0
Burns Harbor/I-9421.023.02.0
Willowcreek Rd.23.024.01.0
Portage24.031.07.0
S.R. 49/Valparaiso31.039.08.0
U.S. 421/Michigan City39.049.010.0
S. R. 39/LaPorte49.072.023.0
U.S. 31 Bypass72.077.05.0
U.S. 31-33/South Bend77.083.06.0
Mishawaka/Fir Rd83.092.09.0
S. R. 19/Elkhart92.096.04.0
Elkhart East96.0101.05.0
S. R. 15/Bristol/Goshen101.0107.06.0
S.R. 13/U.S. 31/Middlebury107.0121.014.0
S. R. 9 Howe/LaGrange121.0144.023.0
I-69 Angola144.0157.013.0
Eastpoint (although located at milepost 153, for tolling purposes the toll plaza is assumed to end at milepost 157)157.0NANA

(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.

135 IAC 2.5-2-1

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