Chapter 5537-4 | Tolls

Rule 5537-4-01 | Payment of toll.

• Effective: September 1, 2023
• Promulgated Under: 111.15

(A) Every owner, lessee or operator of a motor vehicle shall obtain either a toll ticket upon entering the turnpike or shall have in their possession at the time of entry a valid and properly mounted electronic tolling transponder recognized by the E-ZPass group of tolling authorities. Upon exiting the turnpike, every operator using traveling on the turnpike shall pay the toll prescribed, as determined and set by the commission, through by either cash, remittance credit card, an electronic tolling transponder, or electronic means, any additional method of payment approved by the commission except when such use of the turnpike shall have been exempted from such payment by the commission. The toll prescribed shall be based upon the vehicle class assigned by the toll collection system and the distance traveled on the turnpike such other factors as determined by the commission for the operation and maintenance of the turnpike. The commission may issue one or more invoices to collect unpaid tolls from the registered owner, lessee or operator of a vehicle with unpaid tolls including late fees as identified in the published toll schedule.

(B) Contesting liability for tolls, fees, fines, or other administrative charges.

(1) The registered owner may submit a notice to contest liability for tolls, fees, fines, or other administrative charges upon receipt of the first or second invoice. If the commission issues a second invoice to the registered owner as provided in division (A)(16)(b) of section 5537.04 of the Revised Code, the registered owner must submit the notice to contest liability within sixty days after the invoice date of the second invoice.

(2) On receipt of a timely notice to contest liability, the commission shall schedule a hearing at which the registered owner may contest liability. The commission shall send reasonable notice in advance to the registered owner of the time, date, and location of the hearing.

(3) A hearing officer of the commission shall preside over the hearing. The hearing officer shall conduct the hearing at the location of the commissions principal office. The registered owner may present evidence at the hearing as to the reasons why the registered owner is not liable for payment of the toll, fee, fine or other administrative charge. At the hearing, the hearing officer shall determine if the registered owner is liable for the payment of any toll, fee, fine or other administrative charge.

(4) Upon a finding by the hearing officer that the registered owner is not liable, the hearing officer shall enter that finding into the records of the commission and direct the cancellation of the contested toll, fee, fine or other administrative charge.

(5) If the vehicle is registered in Ohio and the hearing officer finds that the registered owner is liable, the hearing officer shall enter that finding into the records of the commission. If payment in full of all unpaid tolls, fees, fines and other administrative charges is not made within thirty days after the date of the hearing officer's decision, the commission may notify the Ohio registrar of motor vehicles of the hearing officer's decision that the registered owner is liable for payment of the tolls, fees, fines and other administrative charges. The commission also may include with the notification to the registrar a motor vehicle certificate of registration issuance prevention order. The commission shall give the registered owner a copy of the order. The order shall remain in effect until the commission notifies the registrar that all unpaid tolls, fees, fines and other administrative charges have been paid in full or that any remaining balance for tolls, fees, fines and other administrative charges has been dismissed.

(6) If the vehicle is registered in a state other than Ohio and the hearing officer finds that the registered owner is liable for payment of the toll, fee, fine or other administrative charge, the commission may send notice of the hearing officer's decision to the department, division, bureau, office, or other unit of government that is functionally equivalent to the state of Ohio bureau of motor vehicles. The commission may include with the notice the registration issuance prevention order, which shall have the same effect in another state or jurisdiction as in the state of Ohio. The commission shall give the registered owner a copy of the order. Upon full payment of all unpaid tolls, fees, fines and other administrative charges, the commission shall notify unit of government that is functionally equivalent to the state of Ohio bureau of motor vehicles.

(7) If, upon being held liable, the registered owner does not pay all unpaid tolls, fees, fines and other administrative charges within thirty days after the date of the hearing officer's decision, and the registered owner does not file an appeal as described in paragraph (C) of this rule within that same thirty-day time period, the commission may file a civil suit against the registered owner in a court of competent jurisdiction as provided in section 5537.04 of the Revised Code.

(C) Appealing hearing findings.

(1) The registered owner may appeal a finding of liability by the hearing officer to the Cuyahoga county court of common pleas as provided in division (A)(5) of section 5537.041 and Chapter 2506. of the Revised Code within thirty days after the date of the hearing officer's decision that the registered owner is liable for payment of such tolls, fees, fines or other administrative charges. If the registered owner fails to timely file an appeal, the registered owner is considered to have waived the registered owner's right to appeal the decision of the hearing officer.

(2) If the court affirms the decision of the commission and payment in full is not made to the commission within thirty days of the final order on appeal, the commission shall inform the registrar of the ruling and the failure by the registered owner to make payment in full to initiate a motor vehicle certificate of registration issuance prevention order. The commission shall give the registered owner a copy of the order. The order shall remain in effect until the commission notifies the registrar that all unpaid tolls, fees, fines and other administrative charges have been paid in full or that any remaining balance for tolls, fees, fines and other administrative charges has been dismissed. The commission also may file a civil suit against the registered owner in a court of competent jurisdiction as provided in section 5537.04 of the Revised Code.

Last updated September 1, 2023 at 9:08 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16, 5537.13, 5537.04, 5537.041
Five Year Review Date: 7/1/2023
Prior Effective Dates: 12/1/1954, 3/3/2001

Rule 5537-4-02 | Evasion of toll.

• Effective: September 1, 2023
• Promulgated Under: 111.15

(A) No owner, lessee or operator of a motor vehicle that travels on the turnpike, knowing the person has no privilege to do so, and with purpose to defraud the commission or avoid the payment of tolls, shall evade a toll assessment point, tamper with or misuse an electronic tolling transponder, obscure a license plate, falsify, destroy, remove, conceal, alter, deface or mutilate any item used by or within the toll collection system, or commit any other act or omission.

(B) Any person who violates this rule may be cited by either the commission or a police officer. If the commission cites a person for violating this rule, in addition to taking any collection action permitted by these rules the commission may impose a charge of one hundred dollars against the person and may collect it with rule 5537-4-07 of the Administrative Code.

Last updated September 1, 2023 at 9:09 AM

Supplemental Information

Authorized By: 5537.04(A)(16), 5537.16
Amplifies: 5537.04(A)(16), 5537.16
Five Year Review Date: 1/1/2024
Prior Effective Dates: 12/1/1954, 3/2/2014

Rule 5537-4-03 | Loss of toll ticket.

• Effective: September 1, 2023
• Promulgated Under: 111.15

The operator of a motor vehicle who, for any reason, does not have a toll ticket or electronic tolling transponder detected upon entering the turnpike shall be charged, upon reaching the exit toll plaza within the closed ticket system at which the vehicle operator seeks to leave the turnpike, a toll for the applicable vehicle classification which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system.

Last updated September 1, 2023 at 9:10 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16
Five Year Review Date: 7/1/2023
Prior Effective Dates: 12/1/1954, 7/1/2013

Rule 5537-4-04 | Exit of vehicle at point of entry.

• Effective: September 1, 2023
• Promulgated Under: 111.15

The operator of a motor vehicle on the turnpike who exits at the same toll plaza within the closed ticket system at which the operator entered, if not so authorized, shall be charged a toll for the appropriate vehicle classification which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system.

Last updated September 1, 2023 at 9:10 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16
Five Year Review Date: 1/1/2024
Prior Effective Dates: 3/2/2014

Rule 5537-4-05 | Tolls for public police officers, emergency vehicles and military vehicles.

• Effective: September 1, 2023
• Promulgated Under: 111.15

Police officers, emergency vehicles, or clearly marked federal or state of Ohio and United States military vehicles, while in the discharge of their official duties on the turnpike or when responding to an emergency off the turnpike, shall be afforded ready access to the turnpike without the payment of tolls.

Last updated September 1, 2023 at 9:11 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16
Five Year Review Date: 1/1/2024
Prior Effective Dates: 12/1/1954

Rule 5537-4-06 | Excess time movements.

• Effective: September 1, 2023
• Promulgated Under: 111.15

A motor vehicle traveling within the closed ticket system that remains within the closed ticket system for a time period that exceeds the time deemed necessary and reasonable to travel the turnpike given the posted speed limits and vehicle entry point shall, upon exiting the turnpike, be assessed a toll for the appropriate vehicle classification and which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system. This applies to vehicle that were issued a toll ticket and vehicles with electronic tolling transponders detected upon entering the closed ticket system.

Last updated September 1, 2023 at 9:11 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16
Five Year Review Date: 7/1/2023

Rule 5537-4-07 | Unpaid tolls and administrative charges.

• Effective: September 1, 2023
• Promulgated Under: 111.15

(A) The commission may collect an unpaid toll and related administrative charges from the registered owner, lessee or operator of a motor vehicle that traveled on the turnpike without paying the toll at the time of travel. The commission may issue a manual unpaid toll report to the operator of the motor vehicle in person to assess an unpaid toll or may utilize an electronic monitoring system to issue an invoice to the registered owner of the vehicle to collect the unpaid toll.

(B) Use of an electronic monitoring system by the commission.

(1) If a motor vehicle travels on the turnpike and the toll is not paid at the time of travel, the commission may use an electronic monitoring system to determine if the registered owner of the motor vehicle has established an account for the payment of the toll. If such an account has been established and has sufficient funds, the commission shall charge the account holder the appropriate toll. If the commission cannot locate an established account, or if the established account cannot be charged the appropriate toll, the commission may send an invoice for the unpaid toll and any fees determined by the commission. The commission shall send the invoice to the registered owner of the motor vehicle as documented in the records of any of the following:

(a) The bureau of motor vehicles;

(b) The department, division, bureau, office, or other unit of government of any state or jurisdiction other than the state of Ohio that is functionally equivalent to the bureau of motor vehicles;

(c) An established toll account associated with the motor vehicle that cannot be charged the appropriate toll; or

(d) An updated address as provided by the United States postal service or other third-party source.

(2) With respect to any toll, fee, fine and other administrative charge, the commission, in the commission's sole discretion, may determine not to pursue collection of that toll, fee, fine or other administrative charge or to terminate collection measures in relation to that toll, fee, fine or other administrative charge.

(C) If the commission sends an invoice for the unpaid toll and any fees, fines or other administrative charges in accordance with paragraph (B)(1) of this rule, then the invoice shall not be sent before fifteen days after the date of travel of the trip for which the unpaid toll was assessed, or longer than two years after the date of travel of the trip for which the unpaid toll was assessed.

(D) If a registered owner of a motor vehicle fails to pay or contest an invoice by the payment due in the invoice, the commission may send to the registered owner by regular first class mail a second invoice and additional notices in an attempt to collect the unpaid amounts. The commission may assess an administrative fee for each subsequent invoice and notice, the purpose of which is to enable the commission to recover the expenses of collecting the unpaid toll.

(E) The commission shall establish the amounts of the fees or other administrative charges for unpaid tolls, invoices, second invoices and subsequent notices and shall publish such amounts on its website at www.ohioturnpike.org.

Last updated September 1, 2023 at 9:11 AM

Supplemental Information

Authorized By: 5537.16
Amplifies: 5537.16
Five Year Review Date: 3/20/2028