Lawmakers get free use of Toll Road; most refuse

June 7, 2008

By Mike Smith, Associated Press

INDIANAPOLIS – The private operator of the Indiana Toll Road has sent devices to numerous lawmakers in Indiana giving them a free ride on the highway, and all legislators can get the same deal if they choose.

But several lawmakers who have received the "non-revenue" I-Zoom transponders are not using them, saying it is only fair that they pay the same amount as other motorists.

"When I got it, I was in a state of disbelief," said Rep. Scott Pelath, D-Michigan City. "I can't describe it as anything other than a perk. Mine is in the possession of solid-waste authorities."

At least one lawmaker, Republican Rep. Dick Dodge of Pleasant Lake, said he would probably use his.

Matt Pierce, a spokesman for the Indiana Toll Road Concession Co., said the company sent the devices to 38 lawmakers in northern Indiana whose districts include or are near the 157-mile tollway. Letters also were sent to all other lawmakers saying they could get them if they wanted.

"As public officials who are often required to utilize the toll road in performing your official duties, we wanted to continue the privilege that has historically been extended to you and offer you each a non-revenue I-Zoom transponder, to be used free of charge on two-axle vehicles," the letter to northern Indiana lawmakers says.

Toll rates recently went up for all motorists who pay cash to drive on the tollway. The toll for the full length of the highway was raised from $4.65 to $8 for car drivers paying cash.

But those driving two-axle vehicles with a regular I-Zoom cannot have their rates raised until 2016. Motorists with I-Zoom transponders can go through a separate lane at tolling sites and have their payments automatically deducted from an account set up through the company.

Pierce said the policy allowing lawmakers to travel the road free stems from the contract the state signed in 2006 that leased the tollway to the private company for 75 years in exchange for an upfront payment of $3.8 billion. In turn, the company operates and maintains the highway and gets the toll money.

Pierce pointed to a provision in the contract that says the company shall not have the right to collect tolls from vehicles used for firefighting or law enforcement, those with diplomatic plates, ambulances or “vehicles owned or operated by the state or any department or agency thereof.”

He said it was “determined internally” that the provision meant any and all vehicles that were doing business on behalf of the state, including contractors and all state employees using the road for official state business.

Pierce said it is up to those who receive them to police themselves on their use.

Senate Appropriations Chairman Robert Meeks, R-LaGrange, said he could not remember whether he called to activate his transponder, but even if he did, said he probably wouldn’t use it. Meeks played a major role in getting the tollway lease legislation passed, even though it angered many of his constituents who use the tollway.

Dodge said he doesn’t use the tollway often but had activated his no-charge I-Zoom and would probably use it when he travels the highway.

When asked whether that would upset constituents, he said, "Probably. I mean it’s very possible, but I don’t know. I doesn’t seem to me like it’s a big deal"