Federal Tolling Programs

Section 166 HOV/HOT Lane Program

Under Section 166 of Title 23, existing HOV lanes may be converted to tolled operation provided that the local MPO endorses the use and amount of tolls on the converted lanes. All tolls on new lanes must be variably priced and collected electronically in order to manage travel demand. To implement tolls on an existing HOV lane, project sponsors must demonstrate that the conditions on the facility are not already degraded and that the presence of paying vehicles will not cause conditions on facility to become degraded. Ongoing annual reporting documenting conditions on the converted lanes is also required, and if the HOV facility becomes degraded the sponsor must bring the facility into compliance either by increasing HOV occupancy requirements, increasing tolls, increasing capacity, or eliminating access to paying motorists.

The following certification provisions apply whenever an HOV lane is converted to HOT operations under Section 166:

• States must certify annual to FHWA that they meet the operational requirements stipulated in Section 166, including vehicle eligibility; enforcement, and operational performance monitoring, evaluation and reporting. The annual certifications must demonstrate that the presence of paying vehicles in the HOT lane has not cause traffic service to become degraded.
• States must demonstrate that programs are in place to inform motorists how they may enroll and use the managed lane, either in a non-paying HOV vehicle or a paying HOT vehicle.
• States must indicate that they have or will have an automated electronic toll collection system in place on the managed lanes.

Additional information on Section 166 and the HOV Facilities Program is available from the FHWA Office of Operations.

Tolling Agreements

The prior requirement to execute a tolling agreement with FHWA for HOV lane conversion is no longer in place under MAP-21. For toll facilities that have Section 166 tolling agreements prior to October 1, 2012, the term of those agreements continue to apply.

Toll Revenue and Compliance Audits

The use of toll revenues from facilities authorized under Section 166 is government by the requirements of Section 129. Under MAP-21 Section 129 imposes a new requirement for annual audits to ensure compliance with these limitations. These annual audits must be transmitted to USDOT. If the Secretary concludes that the public authority with responsibility for the toll facility is not in compliance with the restrictions, the Secretary may require that toll collection on the facility be discontinued until an agreement is reached to achieve compliance. Additional guidance will be developed in the future regarding use of toll revenue and compliance.