Notice of Development of Rulemaking

DEPARTMENT OF TRANSPORTATION
RULE NO: RULE TITLE
14-100.005: Tolls Enforcement
PURPOSE AND EFFECT: The Florida Department of Transportation is proposing a new rule under Rule Chapter 14-100, F.A.C., Part I: Tolls Enforcement, in order to implement a new method of electronic toll collection to be known as video tolling. This rule will establish set a process and administrative charge for video toll collection method implemented on the Florida’s Turnpike System.
SUBJECT AREA TO BE ADDRESSED: A new rule on video tolling and the associated administrative charges is being added.
SPECIFIC AUTHORITY: 334.044(2), 338.2216(1)(d) FS.
LAW IMPLEMENTED: 316.1001, 334.044(16), 338.155(1), 338.231, 338.231(3)(b) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 15, 2009, 6:00 p.m.
PLACE: The rule development workshop is being held as a statewide webinar proceeding which can be accessed by registering at the following website: www.floridasturnpike.com/all-electronictolling/publicmeeting. Those persons not having access to the World Wide Web may attend in person at one of several access points across the state.
SITE ACCESS LOCATIONS ARE ALSO LOCATED AT:
PLACES: Florida’s Turnpike Enterprise Headquarters Auditorium, Turnpike Mile Post 263, Building 5315, Ocoee, FL 34761; Florida Department of Transportation, District 4 Auditorium, 3400 West Commercial Boulevard, Ft. Lauderdale, FL 33309; Florida Department of Transportation, District 7, Executive Conference Room, 11201 North Malcolm McKinley Drive, Tampa, FL 33612; Snapper Creek Service Plaza, Materials Lab Training Room, Mile Post 19, Florida’s Turnpike, Miami, Florida 33186; Florida Department of Transportation, District 1, Mike Rippe Auditorium, 801 N. Broadway, Bartow, Florida 33831
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Deanna Hurt, Senior Attorney and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-100.005 Video Tolling.

(1) Purpose. The purpose of this rule is to establish the process of video tolling on the Florida Turnpike System toll roads. Video tolling provides a video based method for the collection of tolls without the need for a transponder, while improving efficiency, reducing customer delay, and enhancing safety.

(2) Definition. “Video Tolling” or ‘Toll-by-Plate” means is an image based toll collection system using photographic images of a vehicle’s license plate to identify the customer responsible for toll payment.

(3) Process. If a vehicle passes through a toll collection facility and the toll payment was not made by either using cash or a transponder, a photographic image of the vehicle’s license plate will be captured at the toll lane, and the first-listed registered owner of that vehicle will be considered the video toll customer. The license plate numbers (LPN) are extracted from the image of the vehicle’s license plate and matched to the LPN for the video accounts registered with the Department. If no registered video account is found, the registered owner of the vehicle will be identified through a vehicle registration lookup process. The unregistered video toll customer will have 72 hours after the usage of the toll facility to contact the Department and establish a pre-paid toll account. If the video toll customer does not contact the Department within that 72 hour period and establish a pre-paid toll account, an invoice of the accrued toll amount and an administrative charge, applicable to the first fourteen days of transactions, will be mailed to the vehicle’s registered owner for payment. Any subsequent invoices will be sent on at least a monthly.

(4) Establishment of accounts. Video accounts will be established by either the customer or the Department for the use of video tolling.

(a) Customers may establish a video account by registering the vehicle LPN and specifying a pre-paid or post-paid account.

(b) If a video account has not been established by a customer, the Department will establish an unregistered post-paid account following the customer’s first use of video tolling. The customer will be the vehicle’s registered owner as identified by review of the LPN image taken at the tolling facility, supplemented as necessary by identifying the vehicle’s characteristics and subsequent LPN look up.

(5) Method of video toll payment. Video accounts can either be set up as pre-paid or post-paid accounts for payment of the video toll and administrative charges. Customers have the option of establishing and maintaining a registered pre-paid toll account via credit or debit card, cash, or check or money order deposits, from which applicable toll amounts are debited, or a post-paid toll account.

(a) Pre-Paid Video Accounts. Pre-paid video account customers, whose balance is insufficient to cover the accrued toll amounts for at least 15 days, are subject to an invoice for the full toll amount and applicable administrative charges.

(b) Post-Paid Video Accounts. Customers will receive an invoice on a scheduled billing cycle for post payment of toll amounts and applicable administrative charges.

(6) Video Toll Rate. Video toll customers shall pay a video toll rate, as established in Rule 14-15.0081, F.A.C., for each facility that offers video toll collection.

(7) Administrative Charges. The Department will establish and collect toll amounts to recover the costs of administering video tolling. In addition to paying the established video toll rates, an administrative charge will be added to each invoice.

(a) Video Accounts and Toll Collection. Video toll customers with post-paid accounts, as described under paragraph (5)(b) above, will be sent an invoice following the end of the billing cycle with the administrative charge added to the invoice, in addition to the unpaid toll amount.

(b) Assessment of administrative charges. Each invoice will include an administrative charge as set by the Department in the range of $2-$3 addition to the toll amount accrued in order to cover the additional costs of the Department, including reviewing photographic images of license plates captured at the toll collection facilities, generating and sending invoices, processing payments received, managing video accounts, and other related costs.

(8) Unpaid Invoice. A video toll customer has 30 days from the date on the invoice to pay the total toll amount and administrative charge. If the invoice has not been paid in full within those 30 days.

(9) A late payment notice with an additional administrative charge will be sent. If the total amount of unpaid tolls and administrative charges is not paid within 30 days after the date on the late payment notice, a Uniform Traffic Citation (UTC) will be created and sent to the customer for each individual unpaid toll transaction associated with the original invoice. A $25.00 UTC fee will be applied to each citation in addition to the toll amount.

Rulemaking Authority 334.044(2), 338.2216(1)(d) FS. Law Implemented 316.1001, 334.044(16), 338.155(1), 338.231, 338.231(3)(b) FS. History–New________.