Updated January 21, 2014
January 21, 2014. FERRY TOLL STUDY
January 20, 2014. From Commissioner Vance Aydlett: This is the section in the Budget Bill that addresses tolling.
FERRY TOLLING
SECTION 34.13.(a) Notwithstanding the date set forth in
Section 24.18(b) of S.L. 2012-142, as rewritten by Section 6.2 of
S.L 2012-145, by which the Department of Transportation is
required to collect tolls based on the proposed March 2012
amendment to 19 NCAC 02D .0532, the Department shall collect tolls
as set forth in this section. SECTION 34.13.(b) G.S.
136-82 reads as rewritten:
"§ 136-82. Department of Transportation to establish and
maintain ferries.
(a) Powers of Department. – The Department of Transportation is
vested with authority to provide for the establishment and
maintenance of ferries connecting the parts of the State highway
system, whenever in its discretion the public good may so
require,require, and shall prescribe and collect tolls,tolls on
the ferry routes as established by the Board of Transportation, on
the ferry routes. The Board of Transportation shall establish
tolls for all ferry routes, except for the Ocracoke/Hatteras Ferry
and the Knotts Island Ferry.Transportation following the
procedures set forth in this section.
(b) Establishment of Tolling. – The Board of Transportation may
establish tolls on any untolled ferry route as set forth in this
subsection. Prior to establishing tolls on an untolled ferry
route, the Board of Transportation must receive a resolution
approved by the Transportation Advisory Committee of each affected
local transportation planning organization requesting tolls on
that route. No later than March 1, 2014, the Department shall hold
a separate public hearing in the geographic area of each untolled
ferry route and invite each affected local transportation planning
organization. At the public hearing, the Department shall present
an explanation of the toll setting methodology, the impact of
tolling on the availability of funding for other local
transportation priorities, and the minimum and maximum toll rates.
After the public hearing, an affected local transportation
planning organization may consider and adopt a ferry tolling
resolution. The Board of Transportation shall adopt the toll at
its next regularly scheduled meeting after receipt of the ferry
tolling resolutions required by this subsection. The Department
shall collect the toll as soon as is feasible following its
adoption, but in no case more than 180 days after adoption of the
toll. The establishment of tolls by the Board of Transportation
pursuant to the authority granted in this section shall be exempt
from the provisions of Chapter 150B of the General Statutes. For
purposes of this section, "affected local transportation planning
organization" means any Metropolitan Planning Organization or
Rural Transportation Planning Organization with geographic
jurisdiction over any part of an untolled ferry route, and
"untolled ferry route" means any ferry route for which no tolls
were in effect as of June 30, 2013.
(c) Revisions of Tolls. – The Department of Transportation shall
report to the Fiscal Research Division, the Joint Legislative
Transportation Oversight Committee, and all affected local
transportation planning organizations 30 days prior to any change
in toll rates or change in the toll setting methodology by the
Board of Transportation.
(d) Use of Toll Proceeds. – The Department of Transportation shall
credit the proceeds from tolls collected on North Carolina Ferry
System routes and receipts generated under subsection (e) of this
section to reserve accounts within the Highway Fund for each of
the Highway Divisions in which system terminals are located and
fares are earned. For the purposes of this subsection, fares are
earned based on the terminals from which a passenger trip
originates and terminates. Commuter pass receipts shall be
credited proportionately to each reserve account based on the
distribution of trips originating and terminating in each Highway
Division. The proceeds credited to each reserve account shall be
used exclusively for prioritized North Carolina Ferry System ferry
passenger vessel replacement projects in the Senate Bill
402-Ratified Session Law 2013-360 Page 309 Division in which the
proceeds are earned. Proceeds may be used to fund ferry passenger
vessel replacement projects or supplement funds allocated for
ferry passenger vessel replacement projects approved in the
Transportation Improvement Program.
(e) Powers of Department. – To accomplish the purpose of this
section said section, the Department of Transportation is
authorized to acquire, own, lease, charter or otherwise control
all necessary vessels, boats, terminals or other facilities
required for the proper operation of such the ferries or to enter
into contracts with persons, firms or corporations for the
operation thereof and to pay therefor suchthe reasonable sums as
maythat in the opinion of saidthe Department of Transportation
represent the fair value of the public service rendered.
(f) Authority to Generate Certain Receipts. – The Department of
Transportation, notwithstanding any other provision of law, may
operate,operate or contract for the following receipt-generating
activities and use the proceeds for ferry passenger vessel
replacement projects in the manner set forth in subsection (c) of
this section:
(1) operation Operation of, concessions on the ferries and at
ferry facilities to provide to passengers on the ferries food,
drink, and other refreshments, personal comfort items, Internet
access, and souvenirs publicizing the ferry system.
(2) The sale of naming rights to any ferry vessel, ferry route, or
ferry facility.
(3) Advertising on or within any ferry vessel, including display
advertising and advertising delivered to passengers through the
use of video monitors, public address systems installed in
passenger areas, and other electronic media.
(4) Any other receipt-generating activity not otherwise forbidden
by applicable law pertaining to public health or safety.
(g) Confidentiality of Personal Information. – Identifying
information obtained by the Department related to operation of the
ferry system is not a public record under Chapter 132 of the
General Statutes and is subject to the disclosure limitations in
18 U.S.C. § 2721 of the federal Driver's Privacy Protection
Act. The Department shall maintain the confidentiality of all
information required to be kept confidential under 18 U.S.C.
§ 2721(a), as well as any financial information, transaction
history, and information related to the collection of a toll or
user fee from a person, including, but not limited to, photographs
or other recorded images or automatic vehicle identification or
driver account information generated by radio-frequency
identification or other electronic means. The Department may use
identifying information only for purposes of collecting and
enforcing tolls. Nothing in this section is intended to limit the
right of any person to examine that person's own account
information, or the right of any party, by authority of a proper
court order, to inspect and examine identifying information."
SECTION 34.13.(c) No later than January 1, 2014, the Board
shall adopt a methodology and expected minimum and maximum tolls
for use in establishing tolls for ferry routes under G.S. 136-82,
as amended by this section. The Board of Transportation shall
consider the needs of commuters and other frequent passengers in
its adoption of toll rates and the toll rate methodology.
SECTION 34.13.(d) The Department of Transportation shall
continue to collect tolls on all ferry routes for which tolls were
in effect as of June 30, 2013.
January 17, 2014. From Commissioner Vance Aydlett: The Transportation Advisory Committee and the RPO I spoke of in an earlier post is one in the same. Received word the Public Hearing will be held at the Knotts Island School on February 4th from 7-9 pm. We need to fill the gym as best we can. Even if you don't want to speak, please show up to support those who do. This is important to our community. I spoke with Sen. Cook this morning and let him know what is going on and our County feelings about it.
Jan 15. Bob Steinburg: The bill states, “Prior to establishing tolls on an untolled ferry route, the Board of Transportation must receive a resolution approved by the Transportation Advisory Committee of each affected local transportation planning organization requesting tolls on that route.” --- Ferry routes that are currently tolled will remain tolled. Revenues generated from the tolled ferry routes are set aside in a reserve account to be used for ferry vessel passenger replacement projects in the division where the toll is collected. Untolled ferry routes may only be tolled if the locally affected TACs send resolutions in support of ferry tolling to the Board of Transportation. The Board of Transportation decides the ferry toll rate setting methodology. One of the goals of this provision is to strike a compromise between those areas that want to keep their ferry routes tolled, and areas that want to keep their ferry routes toll-free. Please let me know if I can help!
Jan 16. Vance: We are totally aware of the points you have brought out. The DOT Board has already briefed the RPO an a vote is scheduled in March. DOT is shooting for the Public Hearing to be held on Knotts Island in February. I do not believe there is a chance that 8 of the 10 counties in the RPO will vote any way except yes. They have not got any skin in the game. They would take Road money away from their county to pay for a ferry that they don't use.The process has been set up to toll. The citizens of Knotts Island especially need you help with this situation. Again, ferry service for them is a necessity not a convenience.