RULE NO: RULE TITLE
14-100.003: Variable Rate Tolls for Express Lanes
14-100.004: 95 Express Toll Exemption Registration
PURPOSE AND EFFECT: The title of the rule chapter is being changed from “Toll Enforcement” to “Tolls” with the existing toll enforcement rules in “Part I Toll Enforcement” and new rules added under Part II “Variable Rate Tolls.” The new rules establish standards for use of variable rate tolls for express lanes and a process for exemptions from tolls on the 95 Express Lanes Project.
SUMMARY: Two new rules on variable rate tolls are added and the rule chapter is restructured into two parts.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 316.0741 FS.
LAW IMPLEMENTED: 316.0741, 316.1001, 316.640(1), 334.044(16), 338.155(1), 338.165, 335.02(3), 338.231 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 4, 2008, 6:00 p.m. (Informal Session), 7:15 p.m. (Hearing)
PLACE: Sheraton Fort Lauderdale Airport Hotel, 1825 Griffin Road, Empire Ballroom, Dania, Florida 33004
DATE AND TIME: March 6, 2008, 6:00 p.m. (Informal Session), 7:15 p.m. (Hearing)
PLACE: Miami Shores Country Club, 10000 Biscayne Boulevard, Miami Shores, Florida 33138
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

TOLLS ~~ENFORCEMENT~~

PART I Toll Enforcement

PART II Variable Rate Tolls

14-100.003 Variable Rate Tolls for Express Lanes.

(1) Purpose. Express lanes are used to relieve congestion and provide reliable, predictable travel alternatives. By controlling points of access and collecting tolls, express lanes manage demand, thereby optimizing facility capacity, improving operating speeds, and encouraging carpooling and other ride-sharing alternatives to single occupant vehicles. Toll collection is performed electronically and is intended primarily to keep the express lanes moving freely. Because operating conditions on the express lanes and the adjacent general use lanes change continuously throughout the day, effective traffic management within the express lanes cannot be accomplished through a fixed toll schedule.

(2) Definition. Express lanes are a set of lanes physically separated from the general use lanes within a roadway corridor in which operational strategies, including congestion-priced tolls are implemented in response to changing conditions. These lanes may be operated as reversible flow or bi-directional facilities. Specified classes of vehicles may be restricted from using these lanes, and toll exceptions may be granted as a way of encouraging specific transportation choices.

(3) Toll Rate Criteria. Variable toll rates will be used on express lanes. Under this program, toll charges will be set based on one or more of the following:

(a) Traffic levels (volumes) in the express lanes;

(b) Operating speeds and level of service in the express lanes; and

(4) Toll Rates. Toll rates in express lanes will be varied based on a time-of-day variable rate schedule, or dynamically, based on continual monitoring of traffic and the criteria set forth in subsection (3) above. In addition to the variable toll rate criteria, the following specific conditions apply:

(a) The toll rate will be set to allow free flow conditions in the express lanes under typical anticipated traffic demand conditions while maximizing overall throughput for the entire facility.

(b) If time-of-day variable rates are used, such rates shall be established for each period of the day, hourly or less, by day of the week, and by travel direction.

(c) The time-of-day variable rates will be periodically reviewed and adjusted as needed. During the operation of the express lanes, traffic volumes will be collected and historic trend data will be used to review the settings for the current toll rate table. If trend data indicate that the express lanes are underutilized, the time-of-day toll rates will be reduced; if the toll rates do not allow for free flow conditions, toll rates will be increased.

(d) When traffic demand in the express lanes does not allow free flow conditions, the initial toll rates will be increased to improve traffic flow conditions. Once the traffic demand in the express toll lanes returns to a free flow condition, the toll rate will be reduced.

(e) The minimum toll rate charged will be:

1. Based on a minimum per-mile rate of $0.03; and

2. Calculated for each trip between any entry and exit point of the express lanes as the base per-mile fee times the distance traveled on the express lanes, rounded to the nearest $0.05; and

3. Be at least $0.25 per segment (between points of entry and exit) at any given time.

(f) Toll rates at any time may be higher than the minimum rates based on traffic and operating conditions.

(5) Toll Rate Display.

(a) To the extent feasible, toll rates will be displayed on variable electronic message signs in advance of each point of entry. Users of the express lanes will have a reasonable opportunity to view the current toll rate before deciding to enter the express lanes. Variable toll rate signs in advance of each point of entry will provide information for up to two possible points of exit from the express lanes. If there are more than two possible points of exit, the toll rates for the most distant exit point plus one additional exit point shall be displayed.

(b) To the extent feasible, the users of the express lanes will pay the toll rate displayed on the variable electronic message sign made available for their view prior to entering the express lane. However, due to the inherent nature of variable pricing, some variation in the actual toll rate to be paid can be expected from time to time because the actual toll rate will be the variable rate in effect at the precise time the vehicle passes under the toll collection gantry.

Specific Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165, 338.231 FS. History–New_________.

14-100.004 95 Express Toll Exemption Registration.

The provisions of this section apply to the express lanes on I-95 in Miami-Dade and Broward Counties.

(1) Purpose. To address congestion and to offer travel-choice options to motorists in South Florida, the 95 Express project implements a combination of tolling, technology, travel demand management and transit elements into a single project along the Interstate 95 corridor from just south SR 112/I-195 in Miami-Dade County to just north of I-595 in Broward County. Tolls will be collected electronically. Toll exemptions are allowed for certain vehicle types as specified in this section. Both the tolls and toll exemptions are intended to provide incentives for increased vehicle occupancy, shift in travel demand, and overall congestion relief.

(2) Exemptions. Tolls shall be collected from all vehicles using the express lanes, unless a valid exemption applies. The following qualify for an exemption from payment of tolls on 95 Express:

(a) Carpools with three or more occupants, registered in the manner described in subsection (5) below;

(b) South Florida Vanpools, registered in the manner described in subsection (5) below;

(c) Inherently Low Emission Vehicles (ILEV) or Hybrid vehicles with valid Department of Motor Vehicles decals, registered in the manner described in subsection (5) below;

(d) School buses used by the Miami-Dade County Public School and the Broward County Public School systems, registered in the manner described in subsection (6) below;

(e) Buses used by the Miami-Dade Transit Agency and Broward County Transit Agency, registered in the manner described in subsection (6) below;

(f) Over-the-Road Buses, defined as vehicles operated by a for-hire company registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system, characterized by an elevated passenger deck located over a baggage compartment and at least 35 feet in length with a capacity of 30 or more passengers, registered in the manner described in subsection (6) below; and

(g) Motorcycles.

(3) Registered South Florida Vanpools and registered carpools shall only be granted free passage if the vehicle has the minimum number of occupants specified in subsection (5) below; otherwise such user shall be required to pay the applicable tolls.

(4) South Florida Commuter Services (SFCS) along with SunPass are partnering to administer the fulfillment and registration process pertaining to the 95 Express Project. SFCS is the regional commuter assistance program funded by the Florida Department of Transportation. SunPass is the Florida Department of Transportation’s Prepaid Toll Program. This rule sets forth the process to register for exemption from payment of tolls on the 95 Express project.

(5) Decals will be provided for the following vehicles eligible for an exemption from payment of tolls for use of the express lanes: registered 3+ passenger carpools, registered ILEV and hybrid vehicles and registered South Florida Vanpools. 3+ passenger carpools means at least three commuters traveling to and from work in one vehicle and properly registered by SFCS as a 3+passenger carpool. An ILEV or a hybrid vehicle means a vehicle as defined in Section 316.0741, F.S. A South Florida Vanpool means a van meeting the registration requirements of the South Florida Vanpool Program. The South Florida Vanpool program is managed by the Miami-Dade County Metropolitan Organization with coordination from Broward County Metropolitan Planning Organization, and the Palm Beach Metropolitan County Planning Organization.

(a) 3+ Passenger Carpools:

1. All eligible 3+ passenger carpools must register with SFCS.

2. Registration will allow users to receive a “95 Express” decal that will allow them to use the express lanes without incurring tolls.

3. SFCS will provide the “95 Express” registration form. The registration form requests: name, home address, work address, employer, home/work phone numbers, work schedule, driver license number, and state of vehicle registration.

4. 3+ Passenger Carpool eligibility will be based on matching all of the following criteria:

Criteria	Configuration	Comments
Home Distance	3 mile radius	System will seek similar participants that live within a three-mile radius. If participant’s commute distance is less than three miles, search radius will be 2 of distance
Work Distance	1 mile radius	Matched participants must work within a one-mile radius to have a positive match
Start Time / End Time	30 minutes	Participants must have a start/end work time within this timeframe to have a positive match

The only exception that will be allowed to the above criteria will be for carpools whose participants meet at a specified location, parking lot, park-n-ride lot, or transit/multi-modal facility that is located between the origin and destination of all participants within the carpool.

5. If a driver of a vehicle with a registered 3+passenger carpool decal receives two or more citations for failure to pay a required 95 Express toll under Section 316.1001, F.S., which results in a withhold of adjudication or an adjudication of guilt, when operating a vehicle with less than three passengers, the 3+ passenger decal will be revoked. Further, the driver, and the owner of the 3+passenger carpool decal (if different), will not be eligible to apply for a 3+passenger carpool decal for a period of one year from the revocation of the decal.

(b) ILEV and Hybrid Vehicles:

1. ILEV and hybrid vehicle owners in Miami-Dade and Broward counties with valid Florida DHSMV decals are eligible to register for toll exemption on 95 Express. Eligible ILEV and hybrid vehicle owners who complete registration with SFCS will receive a decal for toll-free use of the 95 Express lanes.

2. ILEV and hybrid vehicle owners will be required to renew 95 Express registration annually based upon the anniversary date of the initial request.

1. One decal will be sent to the primary driver of the vanpool.

2. One decal will be provided per van.

3. The 95 Express lanes are only to be used by South Florida Vanpools for commuting purposes only.

4. The “95 Express” decal will remain active as long as the South Florida Vanpool continues to be part of the South Florida Vanpool program.

(6) Miami-Dade County Public School, Broward County Public School, Miami-Dade Transit Agency, and Broward County Transit Agency buses are eligible to use the 95 Express and are exempt from paying tolls on 95 Express if their license plates have been registered with SFCS. The respective agencies shall provide and maintain current a license plate list of buses and school buses that may utilize the 95 Express and SFCS. Over-the Road-Buses (OTRB) registered with USFMCSA are eligible to be exempt from paying tolls on 95 Express. OTRB owners or operators shall provide a copy of valid USFMCSA registration to SFCS in order to register to utilize the 95 Express. ORTB owner information, name, address, and license plate information shall be provided to SFCS and shall be updated annually by OTRB vehicle owners or operator.

Specific Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165(7), 338.231 FS. History–New________.