Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This proposed amendment eliminates redundant
provisions existing in state law and clarifies the application process for
transportation corporations to enforce tolls.
(1) Definitions.
(A) "Act" means the Missouri Transportation
Corporation Act, sections
238.300 to
238.367,
RSMo.
(B)
"Commission" means the Missouri Highways and Transportation
Commission.
(C) "Corporation" or "transportation corporation"
means any transportation corporation organized under the Act.
(D)
"Department" means the Department of Transportation of the state of Missouri.
(E) "Person" means any
individual, firm, corporation, cooperative, association, trust, partnership,
joint venture, or other legally recognized entity.
(F) "Project" includes
any bridge, street, road, highway, access road, interchange, intersection,
signing, signalization, parking lot, bus stop, station, garage, terminal,
hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad,
light rail, or other mass transit, and any similar or related improvement or
infrastructure.
(G) "Toll" or "tolls" means charges prescribed by the
corporation for the use of its property.
(H) "Toll collection regulations" means those rules
and regulations of a corporation providing for and requiring the payment of
tolls for the use of bridges under its jurisdiction or those rules and
regulations of a corporation making it unlawful to refuse to pay or to evade or
to attempt to evade the payment of all or part of any toll for the use of
bridges under the jurisdiction of the corporation.
(I) "Violation" or
"toll evasion" means one (1) or more act(s) not authorized by the Act and/or
any rules or regulations promulgated as a result of the Act relating to the
payment or failure to pay tolls.
(2) Application. Transportation corporations
seeking authority to enforce payment of tolls shall file with the commission an
application with the following information:
(A) The name, address, telephone and
facsimile numbers and contact person of the transportation
corporation;
(B) The location of
the project or projects for which the transportation corporation is seeking
authority to enforce collection of tolls;
(C) A description of the project;
(D) A description of the method or methods by
which the transportation corporation currently collects or proposes to collect
tolls including, but not limited to, toll tickets, barrier toll facilities,
billing accounts, commuter passes and electronic recording or identification
devices;
(E) A statement that
describes the use of the toll revenues; and
(F) A copy of the transportation
corporation's proposed toll collection regulations that complies with the
provisions of the Act.
(3) Commission Review and Decision Process. Upon
receipt of a completed application, the commission reviews the application at
its next scheduled meeting and makes a decision to either approve or disapprove
it. The applicant shall be provided an opportunity at the commission meeting to
describe its proposal to the commission and can make any modifications and
revisions at the commission's meeting that the commission deems advisable.
(A) If the application is approved, the
transportation corporation is authorized to enforce collection of tolls at its
project as described in its proposed toll collection regulations.
(B) If the application is disapproved, the
reasons for said disapproval shall be provided to the transportation
corporation in writing within thirty (30) days of said meeting and the
transportation corporation is authorized to resubmit an application that
addresses the deficiencies. After receiving information from the transportation
corporation addressing the deficiencies, the commission approves or denies the
application at its next scheduled meeting. The transportation corporation may
be provided an opportunity to describe its proposal and any supplemental
information it supplied to the commission at the commission's
meeting.
(4) Appeal. A transportation corporation aggrieved by
any decision of the commission may appeal the commission's decisions in the
manner prescribed by Missouri's Administrative Procedures and Review
Act.
*Original authority: 238.347, RSMo 1990; 238.362, RSMo
Supp. 1997; 238.365, RSMo Supp. 1997; and 238.367, RSMo Supp.
1997.
