This chapter applies to increase of tolls, certain fees, mileage rates, pricing periods, dynamic pricing, frequency of use, and commuter programs that apply to Authority highways or transportation facilities projects. In this chapter, the following terms have the meanings indicated. Terms Defined. “Authority” means the Maryland Transportation Authority. “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland. “Dynamic pricing” means a method of calculating the toll where the dynamic pricing mileage rate varies within the approved toll rate range in real time. “Dynamic pricing mileage rate” means the amount per mile used to calculate the toll within the approved toll rate range on a variably priced facility with dynamic pricing. “Executive Director” means the Executive Director of the Maryland Transportation Authority. “Fee” means an electronic toll collection account maintenance fee. “Fixed-price toll facility” means an Authority highway where vehicles are subject to a toll that remains constant over time until the toll schedule is changed consistent with the provisions of this chapter. “Operational metrics” means the performance criteria established to monitor real-time traffic conditions and may include, but is not limited to, traffic speed, traffic volume, travel delay durations or distances, or any combination of these performance criteria. “Pricing period” means the hours of the day, or portions thereof, and days of the week or special days such as holidays during which a time of day pricing mileage rate is in effect on a variably priced toll facility. “Soft rate cap” means a maximum toll rate on a variably priced toll facility with dynamic pricing within the approved toll rate range that may only be exceeded when required to achieve established operational metrics. “Time of day pricing” means a method of calculating the toll where the toll varies according to a fixed, advertised schedule depending on the time of day pricing mileage rate in effect for a pricing period and toll zone. “Time of day pricing mileage rate” means the amount per mile used to calculate the tolls on a variably priced toll facility with time of day pricing. “Toll” means the charge due as established by the Authority for passage of a vehicle through an Authority highway. “Toll facility operator” means a third party other than the Authority authorized to operate a toll facility under a contract. “Toll rate range” means the approved minimum and maximum toll rates as approved by the Authority. “Toll zone” means the area between two access points used to calculate the toll on a variably priced toll facility. “Tolling algorithm” means an automated program or mathematical formula that utilizes operational metrics, predicted traffic patterns, any other selected data points or information, or any combination thereof to set dynamic pricing mileage rates. “Variably priced toll facility” means an Authority highway or transportation facilities project where travel on some or all lanes is subject to a toll that varies based on time of day pricing or dynamic pricing. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. The Executive Director may set or adjust the time of day pricing mileage rate, pricing period, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. The Authority may, in accordance with §A of this regulation, establish a toll rate range with respect to the dynamic pricing mileage rate for any variably priced toll facility with dynamic pricing. A toll rate range established by the Authority in accordance with §A of this regulation may distinguish among classes of users and may be automatically adjusted from time to time according to an index, escalation factor identified by the Authority, or any combination, at the time such toll rate range is established. The Executive Director may set or adjust the soft rate cap, operational metrics, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date. The Authority or a toll facility operator may utilize a tolling algorithm to set a dynamic pricing mileage rate in real time or in established time increments. If a soft rate cap is established, the dynamic pricing mileage rate shall be at or below the soft rate cap when operational metrics are being met. If operational metrics are not being met, the dynamic pricing mileage rate may exceed the soft rate cap but shall still remain at or below the maximum rate allowed by the toll rate range. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland Effective date: October 19, 2009 (36:21 Md. R. 1592) Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706) Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917) Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379) Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379) Chapter revised effective November 4, 2019 (46:22 Md. R. 977) Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978) Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)