Sec. 24. (a) Except as provided in subsection (b), the department may:

(1) fix, revise, charge, and collect tolls, fees, or charges for:

(A) the use of a tollway or any part of a tollway, including the right-of-way adjoining the paved part of the tollway;

(B) placing on a tollway or part of a tollway telephone, telegraph, electric light, cable, communication, gas, water, sewer, or power lines;

(C) the initiation, administration, and maintenance of customer accounts, late payment procedures, credit card and other electronic transactions, and enforcement actions for collection of unpaid amounts; and

(D) equipment used by customers in connection with electronic tolling, including transponders;

(2) fix the terms, conditions, and rates of charge for use of a tollway; and

(3) retain and use tolls, fees, or charges collected in accordance with this article.

(b) A toll or charge may not be made by the department for the following:

(1) The operation of temporary lodging facilities located upon or adjacent to a tollway.

(2) Placing in, on, along, over, or under a tollway any telephone, telegraph, electric light, cable, communication, gas, water, sewer, or power lines, equipment, or facilities that are necessary to serve establishments located on the tollway or that are necessary to interconnect any public utility facilities on one (1) side of the tollway with those on the other side.

(c) The department may fix the tolls for a tollway by establishing maximum amounts and may provide that tolls or any maximum tolls established, and any increases or decreases to those tolls or maximum tolls, may be based on the indices or methodologies that the department considers appropriate. The department may set an increased toll for any class of traffic for any lane or other part of a tollway if the department determines that an increased toll is necessary or appropriate for financing the tollway or to reduce traffic congestion, increase mobility, improve connectivity, promote fuel conservation, achieve operating efficiencies, or promote public safety. The department shall specify the times or conditions under which an increased toll will be imposed. A reduced rate of toll is not allowed within a class, except:

(1) through the use of commutation or other tickets or privileges based upon frequency or volume of use;

(2) as permitted under an electronic tolling program;

(3) as permitted under a managed lane program under section 27.5 of this chapter;

(4) as necessary, desirable, or appropriate for financing the tollway;

(5) on a part of a tollway designated by the department, in its discretion, as an area free of tolls;

(6) as determined appropriate by the department; or

(7) as permitted under a public-private agreement.

(d) A person that passes a toll gate or other area of a tollway where a toll, charge, or fee is due without paying that amount commits a Class C infraction.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.32.