Rhode Island Code of Regulations Title 855 - Rhode Island Turnpike and Bridge Authority
Rhode Island Code of Regulations Title 855 — Rhode Island Turnpike and Bridge Authority
Overview
Title 855 governs the operations, management, and regulatory oversight of the Rhode Island Turnpike and Bridge Authority (RITBA).
The Authority is responsible for the construction, maintenance, and operation of major toll bridges and turnpikes within Rhode Island.
Title 855 sets forth administrative rules that regulate toll collection, traffic safety, enforcement, and other operational aspects related to the Authority’s facilities.
Key Functions and Regulatory Areas
Toll Collection and Rates
Establishes rules for toll schedules, payment methods, and exemptions.
Defines procedures for collection, enforcement of toll payment, and penalties for non-payment.
Traffic Regulations
Sets speed limits, vehicle weight restrictions, and safety regulations on Authority-operated bridges and turnpikes.
Regulates commercial vehicle operations and oversize/overweight permits.
Enforcement and Penalties
Procedures for handling toll violations, including fines and administrative hearings.
Authority to remove vehicles or restrict access for violations of rules.
Use of Facilities
Rules governing the use of bridges and turnpikes, including prohibitions on unauthorized activities.
Regulations on maintenance work, lane closures, and emergency procedures.
Administrative Procedures
Hearings, appeals, and dispute resolution processes related to toll violations and enforcement actions.
Public notice and rulemaking procedures for changes in tolls or regulations.
General Legal Principles and Case Law Concepts
Since Title 855 involves administrative regulation of transportation infrastructure and toll enforcement, the legal principles focus on:
Authority of the Agency
Due Process in Enforcement
Public Safety and Police Powers
Judicial Review of Administrative Actions
1. Authority of the Rhode Island Turnpike and Bridge Authority
The Authority acts within powers granted to it by regulation and statute.
Courts generally uphold the Authority’s regulations if they are within the scope of its delegated authority.
Case Concept: Challenges to toll increases or enforcement must demonstrate that the Authority exceeded its regulatory authority or acted arbitrarily.
2. Due Process in Toll Enforcement
Drivers and vehicle owners are entitled to notice of toll violations and an opportunity to contest fines or penalties.
Administrative hearings provide procedural safeguards before final enforcement actions.
Case Concept: Courts have overturned enforcement actions where parties were denied proper notice or hearing.
3. Public Safety and Police Powers
The Authority’s traffic regulations, such as speed limits and vehicle restrictions, are justified by public safety concerns.
Courts generally defer to the Authority’s expertise in setting these rules unless clearly unreasonable.
Case Concept: Enforcement of safety regulations on bridges and turnpikes has been upheld to prevent accidents and infrastructure damage.
4. Judicial Review of Authority Actions
Decisions of the Authority can be reviewed by courts for:
Exceeding authority
Arbitrary or capricious actions
Violations of due process rights
Courts typically give deference to the Authority’s expertise but protect individuals against unlawful enforcement.
Illustrative Case Law Concepts (General)
Enforcement and Fairness: Courts require that enforcement of toll violations be carried out with procedural fairness, including notice and opportunity to appeal.
Authority to Regulate: Courts uphold regulations that promote safe and efficient use of toll facilities.
Challenge to Toll Increases: Courts review whether toll increases were properly authorized and public notice given.
Safety Regulations: Courts have supported the Authority’s power to impose and enforce traffic restrictions to protect infrastructure.
Summary
Rhode Island Code of Regulations Title 855 governs the regulatory framework for the Rhode Island Turnpike and Bridge Authority.
The Authority administers toll collection, traffic safety, and enforcement on toll bridges and turnpikes.
Courts uphold the Authority’s regulations when consistent with delegated authority and procedural fairness.
Due process protections ensure fair handling of toll violations.
Public safety considerations justify traffic regulations enforced by the Authority.
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