Collection of User Fees by Operator

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Sec. 5. A public-private agreement may:

(1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project;

(2) authorize the operator to adjust the user fees charged and collected for the use of the toll road project or facility project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the authority under section 1 of this chapter;

(3) provide that any adjustment by the operator permitted under subdivision (2) may be based on such indices, methodologies, or other factors as described in the public-private agreement or section 1 of this chapter or as approved by the authority, as applicable;

(4) authorize the operator to charge and collect user fees through manual and nonmanual methods, and for a toll road project may include, but not be limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the authority under IC 8-15-2-17.2(a)(10), global positioning systems and photo or video based toll collection or toll collection enforcement systems; and

(5) authorize the collection of user fees charges by a third party.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.8; P.L.213-2015, SEC.117.


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