F. Compliance costs for affected persons:
It will not cost affected persons anything to adhere to this change.
G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)
Regulatory Impact Summary Table
H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Transportation, Carlos M. Braceras, PE, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Carlos M. Braceras, PE, Executive
Director
R926. Transportation, Program Development.
R926-9. Establishment, Designation, and Operation of Tollways. R926-9-1. Purpose and Authority.
(1) The purpose of this rule is to provide the procedure to establish, designate, and operate tollways. (2) This rule is authorized by Section 72-6-118. R926-9-2. Definitions.
(1) "Commission" means the Transportation Commission, which is created in Section 72-1-301[;]. (2) "Department" means the Utah Department of Transportation[;]. (3) "Executive Director" means the Executive Director of the Utah Department of Transportation[;]. (4) "HOT [L]lane" has the meaning described in Section 72-6-118 for "[H]high occupancy toll lane."[;] (5) "HOV [L]lane" means a lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a-702[;]. (6) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single occupant motor vehicle must pay for the privilege of driving on a HOT [L]lane[;]. (7) "Toll [L]lane" has the meaning described in Section 72-6-118[;]. (8) "Tollway" has the meaning described in Section 72-6-118.[ Tollways include, but are not limited to, HOT Lanes and Toll Lanes; and] (9) "Tollway development agreement" has the meaning described in Section 72-6-202.
R926-9-3. Designation of Tollways.
(1)(a) The [D]department may consider:(i) designating tollways, including[, but not limited to,] the designation of existing HOV [L]lanes as HOT [L]lanes[ or may]; (ii) widening existing highways to add one or more [T]toll [L]lane[(]s[)]; and (iii) converting an existing highway to a tollway. (b) In deciding whether to designate a tollway, the [D]department may evaluate whether: [(a)](i) the tollway would make the specific highway or the highway system more efficient; [(b)](ii) the designation or addition would increase available funds, reduce operational costs, or expedite project delivery; and [(c)](iii) the project [will be]is consistent with the overall policies, strategies, and actions of the [D]department, including those strategies that are developed through the regular transportation planning process. (2) Commission approval is required for designation of HOT [L]lanes on existing state highways and establishment of tollways on new state highways or additional capacity lanes.[ Legislative approval is required prior to designation of any other types of tollways provided the Commission may provide interim approvals to establish such tollways, between sessions of the Legislature, subject to approval or disapproval by the Legislature during the subsequent session.] (3) If the [D]department wishes to designate a tollway, it shall submit its recommendations to the [C]commission and request approval. (4) The [C]commission will evaluate the recommendations and make a final decision. (5) The [C]commission will issue its decision in a public meeting. (6) Tollways shall comply with all design and construction standards and specifications normally applicable to [D]department projects, except as may be otherwise agreed to by the [D]department in writing. [(7) Automatic tolling systems used for the collection of tolls shall meet or exceed the minimum criteria established by the United States Department of Transportation pursuant to United States Public Law 109-59, Section 1604, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) if procured and deployed after the adoption of such criteria.] [(8)](7) Tolls are determined[The Commission will set Tolls] in accordance with Rule R940-1 and Section 72-6-118. [R926-9-4. Tollway Special Revenue Fund - Enforcement. (1) Pursuant to state law, tolls collected by the Department and certain funds received by the Department through a tollway development agreement are deposited in the Tollway Special Revenue Fund established in Section 72-2-120. (2) Monies from the fund may be used to establish and operate tollways and related facilities, including design, construction, reconstruction, operation (including snow removal), maintenance, enforcement, impacts from tollways, and acquisition of right-of-way, pursuant to Section 72-2-120.] KEY: transportation, tolls, highways, tollways
Date of Last Change: 2026[April 21, 2011] Notice of Continuation: May 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118
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