WSR 11-04-007

PERMANENT RULES

TRANSPORTATION COMMISSION


[ Filed January 20, 2011, 3:42 p.m. , effective see below ]


Effective Date of Rule: Contingent upon legislative action regarding toll rates and fees, these WAC rules take effect immediately upon the certification by the secretary of transportation that the new statewide tolling operations center and the photo toll system are fully operational.

Purpose: To adopt proposed amendments to the existing chapter 468-270 WAC that will establish toll rates and vehicle exemptions for the proposed 520 Bridge, and statewide fees in consideration of public comments and commission review.

Citation of Existing Rules Affected by this Order: Amending WAC 468-270-030, 468-270-040, 468-270-050, 468-270-075, 468-270-080, and 468-270-100.

Statutory Authority for Adoption: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, 47.56.850.

Adopted under notice filed as WSR 10-24-001 on January 5, 2011 [November 17, 2010].

Changes Other than Editing from Proposed to Adopted Version: 1. WAC 468-270-030 Definitions, the following terms: "Customer-Initiated Payment," "Good To Go!TM Pass," "Pass" and "Photo toll" were amended to clarify their meaning and to be consistent with the use of the same terms by the Washington state department of transportation.

2. WAC 468-270-071 What are the toll rates on the SR 520 Bridge?, footnote 3 added to Tables 2 through 6 to include toll rates for travel on six holidays which will be the same as weekend rates.

3. WAC 468-270-091 What vehicles are exempt from paying tolls on the SR 520 Bridge?, proposed language amended to clarify the process for obtaining toll exemptions and adding tow trucks as qualified vehicles for toll exemptions.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 3, Amended 5, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 5, 2011.

Reema Griffith

Executive Director

OTS-3779.5


AMENDATORY SECTION(Amending WSR 07-13-010, filed 6/8/07, effective 7/9/07)

WAC 468-270-030   Definitions.   "Authorized emergency vehicle" includes but is not limited to a vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private or any other emergency vehicle as defined in RCW 46.04.040.

"Bona fide emergency" occurs when an authorized emergency vehicle, as defined herein, responds to or returns from an emergency call.

"Cash customer" means a toll customer who ((is heading eastbound and is paying)) pays the toll on the Tacoma Narrows Bridge in cash ((on a trip-by-trip basis)).

"Citizens advisory committee" means the citizens committee established by RCW 47.46.090 that advises the transportation commission on Tacoma Narrows Bridge toll rates.

"Customer-Initiated Payment" means the method used to pay a photo toll when there is no regular toll account and the customer initiates payment no later than three days after the toll transaction.

"Department" means the Washington state department of transportation (WSDOT).

(("Electronic toll collection (ETC) lane" means a lane in which the electronic toll collection system will read the transponder of each vehicle and automatically collect the toll without requiring the vehicle to slow its speed or stop.))

"Good To Go!" is the name of the department's ((electronic)) toll collection system.

((""Good To Go!" customer" means a toll customer who participates in the department's "Good To Go!" toll collection system.)) "Good To Go! Pass" means the transponder device used to pay a toll by a customer who has a prepaid toll account.

"High-occupancy toll (HOT) lanes" means one or more lanes of a highway that charges tolls as a means of regulating access to or the use of the lanes in order to maintain travel speed and reliability. HOT lane supporting facilities include, but are not limited to, approaches, enforcement areas, improvements, buildings, and equipment.

"Pass" see Good To Go! Pass.

"Pay By Mail" means the method used to pay a photo toll when a toll bill is mailed to the vehicle's registered owner.

"Pay By Plate" means the method used to pay a photo toll by a customer who has a prepaid toll account through the use of a photo toll system.

"Photo toll" means a charge associated with a particular vehicle that is identified by its license plate and includes Pay By Mail, Pay By Plate and Customer-Initiated Payment.

"Toll account" means a prepaid account that is linked to a Pass (transponder) or license plates in order to pay a toll by automatic debit.

"Transponder (Pass)" means a ((radio frequency identification (RFID) unit)) device attached to a toll customer's vehicle that ((transmits a radio signal to a reader mounted in the toll facility. The purpose of the transponder is to)) automatically ((identify)) identifies the toll customer's vehicle as it passes through the toll facility. ((You will receive a transponder when you open a "Good to Go!" account.))

"Transportation commission" means the Washington state transportation commission whose duties and composition are set out in chapter 47.01 RCW.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-030, filed 6/8/07, effective 7/9/07.]


AMENDATORY SECTION(Amending WSR 07-13-010, filed 6/8/07, effective 7/9/07)

WAC 468-270-040   How are the tolls determined and adjusted?   In determining toll amounts, the transportation commission considers data and information provided by the department of transportation, public opinion and advice from any required citizen advisory committee.

((For the)) (1) Tacoma Narrows Bridge ((only,)). In accordance with chapter 47.46 RCW, the commission must consider the toll rate advice of the citizen advisory committee and must set toll amounts that cover the debt and operations and maintenance until the indebtedness is repaid as required by law.

(2) SR 520 Bridge.

(a) The commission must consider toll rates that will help maintain travel time, speed, and reliability on the corridor and must set and adjust toll rates to generate revenue sufficient and necessary to cover costs and obligations described in RCW 47.56.830 and 47.56.850.

(b) Starting July 1, 2012, the toll rates will increase two and one-half percent annually, subject to review and potential adjustment by the commission, in order to generate toll revenue sufficient to meet the costs and obligations listed in RCW 47.56.830 through 47.56.850.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-040, filed 6/8/07, effective 7/9/07.]


AMENDATORY SECTION(Amending WSR 07-13-010, filed 6/8/07, effective 7/9/07)

WAC 468-270-050   What toll facilities are currently subject to this chapter?   Currently, the Tacoma Narrows Bridge ((and)), SR 167 HOT lanes ((are covered by this chapter)) and SR 520 Bridge.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-050, filed 6/8/07, effective 7/9/07.]

TOLL RATES
NEW SECTION
WAC 468-270-071   What are the toll rates on the SR 520 Bridge?   Tables 2 through 6 show the applicable toll rates by vehicle axles, day and time of travel, and method of payment.

Table 2

SR 520 Bridge

Two-Axle Vehicle Toll Rates



Mondays through Fridays Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 6 a.m. $1.60 $3.10 $1.85 $2.60
6 a.m. to 7 a.m. $2.80 $4.30 $3.05 $3.80
7 a.m. to 9 a.m. $3.50 $5.00 $3.75 $4.50
9 a.m. to 10 a.m. $2.80 $4.30 $3.05 $3.80
10 a.m. to 2 p.m. $2.25 $3.75 $2.50 $3.25
2 p.m. to 3 p.m. $2.80 $4.30 $3.05 $3.80
3 p.m. to 6 p.m. $3.50 $5.00 $3.75 $4.50
6 p.m. to 7 p.m. $2.80 $4.30 $3.05 $3.80
7 p.m. to 9 p.m. $2.25 $3.75 $2.50 $3.25
9 p.m. to 11 p.m. $1.60 $3.10 $1.85 $2.60
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Saturdays and Sundays3

Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 8 a.m. $1.10 $2.60 $1.35 $2.10
8 a.m. to 11 a.m. $1.65 $3.15 $1.90 $2.65
11 a.m. to 6 p.m. $2.20 $3.70 $2.45 $3.20
6 p.m. to 9 p.m. $1.65 $3.15 $1.90 $2.65
9 p.m. to 11 p.m. $1.10 $2.60 $1.35 $2.10
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00


Notes: 1For this type of payment method, the customer is charged the Good to Go! Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
2For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.
3The weekend rates will be assessed for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Table 3

SR 520 Bridge

Three-Axle Vehicle Toll Rates



Mondays through Fridays Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 6 a.m. $2.40 $4.65 $2.65 $4.15
6 a.m. to 7 a.m. $4.20 $6.45 $4.45 $5.95
7 a.m. to 9 a.m. $5.25 $7.50 $5.50 $7.00
9 a.m. to 10 a.m. $4.20 $6.45 $4.45 $5.95
10 a.m. to 2 p.m. $3.40 $5.65 $3.65 $5.15
2 p.m. to 3 p.m. $4.20 $6.45 $4.45 $5.95
3 p.m. to 6 p.m. $5.25 $7.50 $5.50 $7.00
6 p.m. to 7 p.m. $4.20 $6.45 $4.45 $5.95
7 p.m. to 9 p.m. $3.40 $5.65 $3.65 $5.15
9 p.m. to 11 p.m. $2.40 $4.65 $2.65 $4.15
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Saturdays and Sundays3

Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 8 a.m. $1.65 $3.90 $1.90 $3.40
8 a.m. to 11 a.m. $2.50 $4.75 $2.75 $4.25
11 a.m. to 6 p.m. $3.30 $5.55 $3.55 $5.05
6 p.m. to 9 p.m. $2.50 $4.75 $2.75 $4.25
9 p.m. to 11 p.m. $1.65 $3.90 $1.90 $3.40
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Notes: 1For this type of payment method, the customer is charged the Good to Go! Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
2For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.
3The weekend rates will be assessed for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.


Table 4

SR 520 Bridge

Four-Axle Vehicle Toll Rates



Mondays through Fridays Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 6 a.m. $3.20 $6.20 $3.45 $5.70
6 a.m. to 7 a.m. $5.60 $8.60 $5.85 $8.10
7 a.m. to 9 a.m. $7.00 $10.00 $7.25 $9.50
9 a.m. to 10 a.m. $5.60 $8.60 $5.85 $8.10
10 a.m. to 2 p.m. $4.50 $7.50 $4.75 $7.00
2 p.m. to 3 p.m. $5.60 $8.60 $5.85 $8.10
3 p.m. to 6 p.m. $7.00 $10.00 $7.25 $9.50
6 p.m. to 7 p.m. $5.60 $8.60 $5.85 $8.10
7 p.m. to 9 p.m. $4.50 $7.50 $4.75 $7.00
9 p.m. to 11 p.m. $3.20 $6.20 $3.45 $5.70
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Saturdays and Sundays3

Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 8 a.m. $2.20 $5.20 $2.45 $4.70
8 a.m. to 11 a.m. $3.30 $6.30 $3.55 $5.80
11 a.m. to 6 p.m. $4.40 $7.40 $4.65 $6.90
6 p.m. to 9 p.m. $3.30 $6.30 $3.55 $5.80
9 p.m. to 11 p.m. $2.20 $5.20 $2.45 $4.70
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Notes: 1For this type of payment method, the customer is charged the Good to Go! Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
2For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.
3The weekend rates will be assessed for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.


Table 5

SR 520 Bridge

Five-Axle Vehicle Toll Rates



Mondays through Fridays Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 6 a.m. $4.00 $7.75 $4.25 $7.25
6 a.m. to 7 a.m. $7.00 $10.75 $7.25 $10.25
7 a.m. to 9 a.m. $8.75 $12.50 $9.00 $12.00
9 a.m. to 10 a.m. $7.00 $10.75 $7.25 $10.25
10 a.m. to 2 p.m. $5.65 $9.40 $5.90 $8.90
2 p.m. to 3 p.m. $7.00 $10.75 $7.25 $10.25
3 p.m. to 6 p.m. $8.75 $12.50 $9.00 $12.00
6 p.m. to 7 p.m. $7.00 $10.75 $7.25 $10.25
7 p.m. to 9 p.m. $5.65 $9.40 $5.90 $8.90
9 p.m. to 11 p.m. $4.00 $7.75 $4.25 $7.25
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Saturdays and Sundays3

Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 8 a.m. $2.75 $6.50 $3.00 $6.00
8 a.m. to 11 a.m. $4.15 $7.90 $4.40 $7.40
11 a.m. to 6 p.m. $5.50 $9.25 $5.75 $8.75
6 p.m. to 9 p.m. $4.15 $7.90 $4.40 $7.40
9 p.m. to 11 p.m. $2.75 $6.50 $3.00 $6.00
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Notes: 1For this type of payment method, the customer is charged the Good to Go! Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
2For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.
3The weekend rates will be assessed for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.


Table 6

SR 520 Bridge

Six-Axle or More Vehicle Toll Rates



Mondays through Fridays Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 6 a.m. $4.80 $9.30 $5.05 $8.80
6 a.m. to 7 a.m. $8.40 $12.90 $8.65 $12.40
7 a.m. to 9 a.m. $10.50 $15.00 $10.75 $14.50
9 a.m. to 10 a.m. $8.40 $12.90 $8.65 $12.40
10 a.m. to 2 p.m. $6.75 $11.25 $7.00 $10.75
2 p.m. to 3 p.m. $8.40 $12.90 $8.65 $12.40
3 p.m. to 6 p.m. $10.50 $15.00 $10.75 $14.50
6 p.m. to 7 p.m. $8.40 $12.90 $8.65 $12.40
7 p.m. to 9 p.m. $6.75 $11.25 $7.00 $10.75
9 p.m. to 11 p.m. $4.80 $9.30 $5.05 $8.80
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Saturdays and Sundays3

Good To Go! Pass Pay

By Mail

Pay

By Plate1

Customer-Initiated Payment2
Midnight to 5 a.m. 0.00 0.00 0.00 0.00
5 a.m. to 8 a.m. $3.30 $7.80 $3.55 $7.30
8 a.m. to 11 a.m. $4.95 $9.45 $5.20 $8.95
11 a.m. to 6 p.m. $6.60 $11.10 $6.85 $10.60
6 p.m. to 9 p.m. $4.95 $9.45 $5.20 $8.95
9 p.m. to 11 p.m. $3.30 $7.80 $3.55 $7.30
11 p.m. to 11:59 p.m. 0.00 0.00 0.00 0.00

Notes: 1For this type of payment method, the customer is charged the Good to Go! Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
2For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.
3The weekend rates will be assessed for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

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AMENDATORY SECTION(Amending WSR 08-06-032, filed 2/26/08, effective 4/7/08)

WAC 468-270-075   What ((will)) are the toll rates ((be)) for the SR 167 HOT lanes pilot project?   ((Effective April 7, 2008, a variable toll rate schedule will be applied by WSDOT.)) Toll rates will vary based upon several factors including time of day, traffic volumes, traffic demand, and overall corridor performance. The toll rate schedule shall be adjusted as needed by WSDOT to meet HOV performance criteria as defined in RCW 47.56.403 and WAC 468-300-828 in order to maintain average HOT lane vehicle speeds above forty-five miles per hour, at least ninety percent of the time during peak hours.

When the SR 167 HOT lanes are in operation, the minimum toll rate is $0.50 and the maximum toll rate is $9.00.

[Statutory Authority: RCW 47.56.403. 08-06-032, 468-270-075, filed 2/26/08, effective 4/7/08.]


AMENDATORY SECTION(Amending WSR 07-13-010, filed 6/8/07, effective 7/9/07)

WAC 468-270-080   When are ((these)) toll rates in effect?   The toll rates for each facility ((will)) take effect upon commencement of the tolling program on each new toll facility. Check the WSDOT web site at wsdot.wa.gov/goodtogo for updated information on the opening dates for the tolling programs. Unless otherwise required by law, the collection of tolls on a facility will remain in effect until changed by the commission.

(1) For the Tacoma Narrows Bridge toll rates will remain in effect until changed by the commission or removed due to final repayment of the project as provided by law.

(2) For the SR 167 HOT lanes, the tolls will remain in effect until changed by the commission.

(3) For the SR 520 Bridge, the tolls will take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational as described in the note following RCW 47.56.795.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-080, filed 6/8/07, effective 7/9/07.]

EXEMPTIONS
NEW SECTION
WAC 468-270-091   What vehicles are exempt from paying tolls on the SR 520 Bridge?   Except as provided herein, all vehicles using the SR 520 Bridge must pay the required toll. Only qualified vehicles may be exempted from paying tolls. The registered owner and operator of the qualified vehicle must comply with the requirements of the department in order to obtain the exemption. The following vehicles shall qualify for exemption:

(1) Department maintenance vehicles directly involved in bridge and roadway maintenance on the SR 520 Bridge, including the department's incident response vehicles responding to incidents and WSDOT tow trucks stationed on the bridge;

(2) Washington state patrol vehicles directly providing service to the SR 520 Bridge corridor;

(3) Publicly owned or operated transit buses;

(4) Passenger motor vehicles used as ride-sharing as defined in RCW 46.74.010, and that are compliant with RCW 46.16.023 and 82.12.0282;

(5) Privately owned and operated passenger buses with a carrying capacity of sixteen or more persons, including the operator, as defined in WAC 468-510-010(2), all of which must be similarly marked or identified to display the business name and/or logo on the driver and passenger sides of the vehicle; operate on a fixed schedule and fixed route, and meet the annual certification requirements of the department;

(6) Vehicles owned by foreign governments and international organizations. A vehicle transponder is not required for this exemption;

(7) Authorized emergency vehicles on bona fide emergencies; and

(8) Tow trucks authorized by Washington state patrol responding to clear blocking vehicles from the toll facility.

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AMENDATORY SECTION(Amending WSR 08-06-032, filed 2/26/08, effective 4/7/08)

WAC 468-270-100   What vehicles are exempt from paying tolls on the SR 167 HOT lanes?   Vehicles described in RCW 47.56.403 and WAC 468-510-010 are exempt from paying tolls, including transit buses and vanpool vehicles owned or operated by any public agency. All other vehicles using the SR 167 HOT lanes must pay the required toll. All toll-paying vehicles must have a transponder and a valid (("Good To Go!")) toll account.

[Statutory Authority: RCW 47.56.403. 08-06-032, 468-270-100, filed 2/26/08, effective 4/7/08. Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-100, filed 6/8/07, effective 7/9/07.]

ADMINISTRATIVE FEES
NEW SECTION
WAC 468-270-300   What other fees and discounts may apply to toll customers?   The commission is authorized to adopt rules to assess administrative fees as appropriate for toll collection processes. Additionally, a toll customer may be required to pay fees set forth by state law for attempts to collect funds due to a state agency. The following table lists and explains the types and amount of administrative fees that a toll customer may be required to pay.


Table 7

Customer Fees and Discounts



Fee and Discount Type When is the administrative fee charged? What is the fee amount?
Paper Statements and Reprinting Fee Upon each mailing of a paper statement at the account holder's request. $0.50 per page (with a minimum fee of $1.50)
Inactive Account Fee After 24 months of no transactions on the account, this one-time fee will be assessed. $5.00
Reprocessing Fee This fee will be assessed when the department sends a reminder notice of unpaid tolls. The reminder notice to pay may be a summary or itemization of amounts owed and included as part of a toll bill or in any other correspondence to collect tolls. $5.00 per reminder notice to pay unpaid tolls
Pay By Plate Fee A customer who establishes a prepaid toll account but passes through a toll facility without a pass will be assessed this fee in addition to the Good To Go! Pass toll rate. $0.25 per transaction
Customer-Initiated Payment A customer will receive a discount off the Pay By Mail toll rate, if the customer pays for the transaction not later than 72 hours after driving on the toll facility. $0.50 per transaction credit off the Pay By Mail toll rate

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Washington State Code Reviser's Office