Item 455 D of the 2017 Appropriations Act requires the Department of Transportation, in consultation with various stakeholders, to provide recommendations on the feasibility of reporting to the General Assembly the following information on an annual, facility-wide basis for all toll facilities in the Commonwealth:

• toll transaction data
• total toll road violation charges levied
• total toll road violation charges collected
• total administrative fees levied
• total administrative fees collected

Within the Commonwealth, there are fifteen different toll facilities comprised of public and private operators. This distinction, along with the toll collection methodology and applicable statutory law, governs facility business rules and operational processes as well as the public availability of information related to the facilities’ operations.

Regarding the feasibility of providing tolling data, VDOT has access to certain tolling data through the E-ZPass system. Further, toll collection statistics, such as the number of transactions on a notice/invoice, the number of individuals receiving summonses, and the value of administrative fees invoiced and collected, will be available for publicly operated facilities. Gathering such information from private toll operators presents challenges, however, in that the data is considered confidential and proprietary in nature. Moreover, such operators are parties to Comprehensive Agreements with the Commonwealth that include specific reporting requirements. As a result, any efforts to mandate disclosures that are inconsistent with, or in addition to, the reporting requirements of the applicable agreements could result in contractual disputes or claims.

Section 4 of this report provides the format of the data that could be provided to the General Assembly on an annual basis, which would include data from publicly operated facilities and to a lesser extent, data from privately operated facilities.