Notice of Proposed Rule

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 Part I: Tolls Enforcement, in order to implement a new method of electronic toll collection to be known as video tolling. This rule establishes a process and administrative charge for the video toll collection method implemented on the Florida’s Turnpike System and other Department
owned toll facilities.
SUMMARY: A new rule on video tolling and the associated administrative charge is being added.
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), 338.2216(1)(d) FS.
LAW IMPLEMENTED: 316.1001, 334.044(16), 338.155(1), 338.231, 338.231(3)(b) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 18, 2010, 6:00 p.m.
PLACE: The rulemaking hearing is being held as a statewide webinar proceeding which can be accessed by registering at the following website: www.floridasturnpike.com/allelectronictolling/publicmeeting.html. 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:
1. Florida’s Turnpike Enterprise Headquarters Auditorium Turnpike Mile Post 263, Building 5315, Ocoee, FL 34761
2. Florida Department of Transportation, District 4 Auditorium, 3400 West Commercial Boulevard, Ft. Lauderdale, FL 33309
3. Florida Department of Transportation, District 7 Executive Conference Room, 11201 North Malcolm McKinley Drive, Tampa, FL 33612
4. Florida Department of Transportation, District 6 Auditorium, 1000 N.W. 111th Avenue, Miami, Florida 33172
5. Florida Department of Transportation, District 1, HR Training Room, 801 N. Broadway, Bartow, Florida 33831
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. 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. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. 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 FULL TEXT OF THE PROPOSED RULE IS:

Part I: Tolls Enforcement

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 and other Department owned toll facilities. 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 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 is 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 account 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 10 days 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 10 day period and establish a pre-paid toll account, an invoice of the accumulated toll amounts and an administrative charge as described in subsection (7), applicable to the first 14 days of transactions, will be mailed to the vehicle’s registered owner for payment. Any subsequent invoice will reflect the customer’s video toll transactions for a one-month or shorter period of time.

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

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

(b) If a video account has not been established by a customer within the 10 day period after the first toll transaction use, the Department will establish an unregistered post-paid account. Identification of the vehicle will be by review of the LPN image taken at the tolling facility, supplemented as necessary by identifying the vehicle’s characteristics and subsequent LPN lookup.

(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.

(a) Pre-Paid Video Accounts. Customers have the option of establishing and maintaining a registered pre-paid toll account via credit or debit card, cash, check or money order deposits, from which applicable toll amounts are debited. Only pre-paid video account customers whose balance is insufficient to cover the monthly accumulated toll amounts are subject to an invoice for the full toll amount and the administrative charge.

(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. Invoice payments by Post-Paid Video Account customers will be applied to the oldest toll transaction first, or as specified by the account customer.

(6) Video Toll Rate. Video toll customers shall pay the video toll rate 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 amounts to recover the costs of administering video tolling. This amount covers the additional administrative 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. The administrative charge shall be $2.50 per invoice.

(8) Video Accounts and Toll Collection. Video toll customers with post-paid accounts will be sent an invoice at the end of the billing cycle with the administrative charge added to the invoice, in addition Video Toll Chapter 14-100, F.A.C. Notice Final Draft January 6, 2010 to the unpaid toll amount based on the video toll rate applicable to the location of usage. For facilities that do not offer “Toll-by-Plate” video tolling, the administrative charge will be added to each notice of unpaid toll, in addition to the unpaid toll amount based on the cash toll rate applicable to the location of usage.

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

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________.


NAME OF PERSON ORIGINATING PROPOSED RULE: James Ely, Chief Director and Chief Executive Officer, Florida’s Turnpike Enterprise
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 19, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 25, 2009