Procedures for Authorizing Transportation Corporations to Enforce Collection of Tolls

PURPOSE: This rule sets forth the manner in which the Missouri Highways and Transportation Commission authorizes transportation corporations to enforce tolls. (1) Definitions. (A) “Act” means the Missouri Transportation Corporation Act, sections 238.300 to 238.367, RSMo. (B) “Commission” means the Missouri Highways and Transportation Commission. (C) “Corporation” or “transportation corporation” means any transportation corporation organized under the Act. (D) “Department” means the Department of Transportation of the state of Missouri. (E) “Person” means any individual, firm, corporation, cooperative, association, trust, partnership, joint venture, or other legally recognized entity. (F) “Project” includes any bridge, street, road, highway, access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail, or other mass transit, and any similar or related improvement or infrastructure. (G) “Toll” or “tolls” means charges prescribed by the corporation for the use of its property. (H) “Toll collection regulations” means those rules and regulations of a corporation providing for and requiring the payment of tolls for the use of bridges under its jurisdiction or those rules and regulations of a corporation making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll for the use of bridges under the jurisdiction of the corporation. (I) “Violation” or “toll evasion” means one (1) or more act(s) not authorized by the Act and/or any rules or regulations promulgated as a result of the Act relating to the payment or failure to pay tolls. (2) Application. Transportation corporations seeking authority to enforce payment of tolls shall file with the commission an application with the following information: (A) The name, address, telephone and facsimile numbers, and contact person of the transportation corporation; (B) The location of the project or projects for which the transportation corporation is seeking authority to enforce collection of tolls; (C) A description of the project; (D) A description of the method or methods by which the transportation corporation currently collects or proposes to collect tolls including, but not limited to, toll tickets, barrier toll facilities, billing accounts, commuter passes, and electronic recording or identification devices; (E) A statement that describes the use of the toll revenues; and (F) A copy of the transportation corporation’s proposed toll collection regulations that complies with the provisions of the Act. (3) Commission Review and Decision Process. Upon receipt of a completed application, the commission reviews the application at its next scheduled meeting and makes a decision to either approve or disapprove it. The applicant shall be provided an opportunity at the commission meeting to describe its proposal to the commission and can make any modifications and revisions at the commission’s meeting that the commission deems advisable. (A) If the application is approved, the transportation corporation is authorized to enforce collection of tolls at its project as described in its proposed toll collection regulations. (B) If the application is disapproved, the reasons for said disapproval shall be provided to the transportation corporation in writing within thirty (30) days of said meeting and the transportation corporation is authorized to resubmit an application that addresses the deficiencies. After receiving information from the transportation corporation addressing the deficiencies, the commission approves or denies the application at its next scheduled meeting. The transportation corporation may be provided an opportunity to describe its proposal and any supplemental information it supplied to the commission at the commission’s meeting. (4) Appeal. A transportation corporation aggrieved by any decision of the commission may appeal the commission’s decisions in the manner prescribed by Missouri’s Administrative Procedures and Review Act. AUTHORITY: sections 238.347, 238.362, 238.365, and 238.367, RSMo 2016.* Emergency rule filed Jan. 13, 1998, effective March 5, 1998, expired Aug. 31, 1998. Original rule filed Jan. 13, 1998, effective July 30, 1998. Amended: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 238.347, RSMo 1990; 238.362, RSMo Supp. 1997; 238.365, RSMo Supp. 1997; and 238.367, RSMo Supp. 1997.