Express Lanes Demonstration Program

This new demonstration program permits tolling on selected facilities to manage high levels of congestion, reduce emissions in a non-attainment or maintenance area under the Clean Air Act Amendments, or finance added Interstate lanes for the purpose of reducing congestion.

The Secretary is authorized to carry out 15 demonstration projects through 2009 to allow States, public authorities, or public or private entities designated by States to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including on the Interstate. An "eligible toll facility" includes those accomplishing any of the following:

• manage high levels of congestion typically by varying the toll price by time of day or level of traffic;
• reduce emissions in a non-attainment area or maintenance area;
• finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing one or more additional lanes (including bridges, tunnels, supports, or other necessary structures) on the Interstate System.

Qualified Demonstration Projects may consist of:

• variable pricing by time of day or level of traffic, as appropriate to manage congestion or improve air quality, is required if an HOV facility is tolled; for a non-HOV facility, variable pricing is optional;
• motor vehicles with fewer than 2 occupants may be permitted to use HOV lanes as part of a variable toll pricing program;
• automatic toll collection is required in express lanes to optimize free flow of traffic; and
• toll revenue may only be used for debt service, reasonable rate of return on private financing, operation and maintenance costs, or any eligible title 23 or 49 project if the facility is being adequately maintained.

Federal share of project cost of a facility tolled under this program, including installation of the toll collection facility, is not to exceed 80 percent.

Program Contact

Wayne Berman
Wayne.Berman@dot.gov
202-366-4069