OHIO TURNPIKE COMMISSION
Resolution Authorizing the Filing of
Business Rules for Electronic Tolling with the
Joint Committee on Agency Rule Review
WHEREAS, the Commission has previously decided to proceed with the
implementation of electronic toll collection in the form of
E-Z
Pass
®
and a new toll
collection system in order to offer customers using the Ohio Turnpike the added
convenience of paying tolls electronically; and
WHEREAS, the Commission previously adopted administrative rules for the
control and regulation of traffic, for the protection and preservation of property under its
jurisdiction in accordance with the authority granted to it under Ohio Revised Code
Section 5537.16 as promulgated in the provisions of Ohio Administrative Code Sections
5537-1-01 through 5537-7-01; and
WHEREAS, the Commission has awarded those contracts and taken those actions
necessary to implement a new toll collection system and Customer Service Center, in
order to migrate to
E-Z
Pass
or electronic toll collection; and
WHEREAS, the Commission anticipates implementing
E-Z
Pass sometime during
the fourth quarter of 2009 whereby customers may establish pre-paid and post-paid
accounts and use transponders to pay tolls electronically; and
WHEREAS, the Executive Director has recommended that the Commission begin
the process for adopting the attached Business Rules and a Schedule of Related Fees, to
be utilized by customers wishing to pay tolls electronically, and to establish the terms and
conditions for establishing pre-paid and post-paid accounts for use in conjunction with
E-
Z
Pass, which rules are attached in preliminary draft form to this Resolution; and
WHEREAS, the General Counsel has advised the Commission that it may be
required to submit the drafted
E-Z
Pass Business Rules and Schedule of Related Fees to
the Joint Committee on Agency Rule Review in accordance with the requirements of
O.R.C. Section 111.15 and 119.032 prior to their implementation by the Commission,
and has recommended that the Commission begin the process for promulgating and
finalizing the drafted rules prior to the implementation of electronic tolling; and
WHEREAS, in accordance with applicable statutory provisions, including
Sections 111.15 and 119.032 of the Ohio Revised Code, the Commission must file with
the Joint Committee on Agency Rule Review, the Legislative Service Commission and
the Secretary of State any new rule or amended rule in accordance with the procedures
set forth in the statutes and the Commission wishes to begin the process to file its
Business Rules for Electronic Tolling as reflected in the attached Exhibits.
NOW, THEREFORE, BE IT
RESOLVED, that the Commission hereby authorizes the Executive Director,
CFO Comptroller and General Counsel to finalize the attached
E-Z
Pass
Business Rules
and Schedule of Related Fees either in their current form or as may be modified in order
to comply with the requirements imposed by the Joint Committee on Agency Rule
Review; and
FURTHER RESOLVED that the Commission hereby authorizes the General
Counsel to initiate the process necessary to adopt the attached Business Rules for
Electronic Tolling in accordance with Sections 111.15 and 119.032 of the Ohio Revised
Code.
(Resolution No. 19-2009 adopted June 17, 2009)