33.1-223.2:12 - Tolls may vary to encourage travel during off-peak hours - Virginia Statutes

§ 33.1-223.2:12. Tolls may vary to encourage travel during off-peak hours.

A. In order to provide an incentive for motorists to travel at off-peakhours, and in accordance with federal requirements, wherever a toll isimposed and collected by the Department or such other entity as may beresponsible for imposing or collecting such toll, the amount of such toll mayvary according to the time of day, day of the week, traffic volume, vehiclespeed, vehicle type, similar variables, or combinations thereof. The amountof such toll and the time of day when such toll shall change shall be asfixed and revised by the Commonwealth Transportation Board or such otherentity as may be responsible for fixing or revising the amount of such toll;provided, however, that any such variation shall be reasonably calculated tominimize the reduction in toll revenue generated by such toll.

B. 1. Beginning July 1, 2008, every agency of the Commonwealth or anypolitical subdivision or instrumentality thereof having control of orday-to-day responsibility for the operation of any toll facility in theCommonwealth shall take all necessary actions to ensure that every newlyconstructed toll facility under its control is capable of fully automatedelectronic operation, employing technologies and procedures that permit thecollection of tolls from users of the facility, to the extent possible,without impeding the traffic flow of the facility. An entity operating a tollfacility that substantially upgrades its equipment or substantially renovatesits facility after July 1, 2008, shall comply with the provisions of thissubsection. The provisions of this section shall also apply to anynongovernmental or quasigovernmental entity operating a toll facility under acomprehensive agreement entered into, pursuant to the Public-PrivateTransportation Act of 1995 (§ 56-556 et seq.), on or after January 1, 2008.Nothing in this subsection shall be construed to prohibit a toll facilityfrom retaining means of nonautomated toll collection in some lanes of thefacility.

2. For toll facilities within the territory embraced by the Northern VirginiaTransportation Authority, the provisions of subdivision 1 apply to all tollfacilities, regardless of whether or not they are newly constructed orsubstantially upgraded.

(2004, c. 1003; 2007, c. 896.)