Tolling System Clause Samples
The Tolling System clause defines the framework and procedures for collecting tolls or fees for the use of a specific infrastructure, such as a road, bridge, or tunnel. It typically outlines the methods of toll collection, such as electronic transponders, manual payment booths, or online payment systems, and may specify the rates, exemptions, and enforcement mechanisms for non-payment. This clause ensures a clear and enforceable process for generating revenue from users, supporting maintenance and operational costs while providing transparency and predictability for both the operator and users.
Tolling System. The “Service Commencement Date” referred to in Section 5.02(f) of the Original Agreement shall be each Service Commencement Date.
Tolling System. (a) (Compliance with Performance Specification and Interoperability): Each Franchisee must:
(i) ensure that the Tolling System complies with the requirements and specifications set out in the Performance Specification; and
(ii) comply with the requirements of the Gazette Notice in relation to Interoperability.
(b) (Transitional arrangement): The State agrees that, until the third anniversary of the Sale Date, a failure of the Tolling System to comply with the Performance Specification, or a failure by a Franchisee to meet the Performance Specification as a result of the performance of the Tolling System, will not result in:
(i) the Franchisee becoming liable to pay or apply Compensation; or
(ii) the occurrence of an Event of Default under clause 33.1.
(c) (Toll Points): Each Franchisee must not:
(i) remove any Toll Point;
(ii) change the location of any Toll Point; or
(iii) create any new Toll Point, without the written consent of the State.
Tolling System. The Borrower shall ensure that, on or prior to the Service Commencement Date for any tolled Segment or portion of a Segment, all electronic tolling system hardware necessary to operate such Segment or portion thereof (if any) in compliance with the requirements of the applicable Project Documents (if any), or any other applicable requirements, will be installed and operational.
Tolling System. (a) The Company grants to the State an irrevocable non- exclusive licence to use, and sub-license others to use, the Tolling System as it sees fit for the purposes of operating, maintaining and repairing the Link (or a part of it):
(i) during such period as the State is entitled to operate the Link (or a part of it) under the Project Documents; and
(ii) on and from the date on which the Concession Period ends. For the purposes of this paragraph (a) a State Area within the meaning of clause 13.8(b), and an AP Area within the meaning of paragraph 12.8(e), shall be deemed a part of the Link.
(b) Promptly after it is requested by the State to do so, the Company shall grant to the State or any nominee of the State specified in the request, an irrevocable non- exclusive licence to use, and sub-license others to use, "tolling system B" as it sees fit for a specified use in Victoria (whether or not that use involves the State or any Victorian Government Agency). For this purpose, tolling system B means those elements of the tolling system as are described in clause 2.2 (Customer Vehicle Tag), 2.3 (Roadside Equipment), 2.4 (Beacons), 2.5 (Roadside Controller), 2.6 (Detection and Classification Sub-System) and 2.7 (Enforcement Sub-System) of Part I of the Project Scope and Technical Requirements, together with such other elements of the Tolling System as may be necessary to enable a user of tolling system B (assuming the user has a reasonable level of competence) to implement an effective tolling system (having regard to computer programs and computer equipment otherwise available to the user on reasonable, commercial, terms).
(c) Any request under paragraph (b) may be made from time to time.
(d) Any licence granted pursuant to a request under paragraph (b) must be:
(i) consistent with the provisions of this clause; and
(ii) on terms and conditions which are commercially reasonable (including as to costs) and which would be considered to be commercially reasonable, were there to be a number of non-collusive, competitive, suppliers of the tolling system B.
(e) Any dispute which arises between the State and the Company in relation to the terms and conditions of a licence granted or to be granted in accordance with this clause may be referred for expert determination under Article 16.
(f) The State shall use reasonable endeavours to assist in the development of Australian standards with which the Tolling System is compatible.
Tolling System. The Borrower shall ensure that, on or prior to the Service Commencement Date, all electronic tolling system hardware necessary to operate the Project in compliance with the requirements of the Project Agreement will be installed and operational.
Tolling System. The Tolling System for the Toll Road shall be fully in accordance with the terms of this Concession Agreement including Volume 13.9 (
Tolling System. The Concessionaire's responsibility for the Tolling System shall extend to the infrastructure of such system and all components and aspects of it including arranging for outlets through which the requisite in-vehicles readers (if applicable), if any, are distributed and all other accessories and devices requisite for the collection of the Toll.
Tolling System. This section describes in detail the different elements of the tolling system and how they will function as a system. The primary goal of the tolling system will be to provide clear direction to the roadway users while at the same time performing the necessary task of identifying individual users and assessing tolls.
Tolling System. (a) The Company shall ensure that the Tolling System:
(i) does not impede the flow of traffic on the Link;
(ii) operates so that vehicles can travel at speeds and in the manner as set out in the Project Scope and Technical Requirements, when entering, travelling along and leaving the Link without being required to slow down or stop; and
(iii) operates in a manner which conforms with the standards and requirements either:
(A) as outlined in the Project Scope and Technical Requirements; or
(B) applied by Law from time to time. Insofar as a standard or requirement under sub- paragraph (A) differs from one under sub- paragraph (B), the more onerous standard or requirement shall prevail.
(b) Before Completion of the first Section to be Completed, the Company shall submit details of the Tolling System to the State for approval and obtain the State's approval before Completion of that Section. If those details reasonably establish that by the use of reasonable endeavours, the Company would be able to comply with its obligations under paragraph (a) were all Sections then to have achieved Completion, the State shall not withhold its approval.
(c) The State shall make a decision within 5 Business Days after the later of receipt of:
(i) a request for approval; or
(ii) any further particulars which the State may, within 5 Business Days of submission by the Company of the details referred to in paragraph (b), reasonably request of the Company following submission of the details required under paragraph (b).
(d) The Company shall levy tolls in accordance with the Toll Calculation Schedule and the Company and the Trustee acknowledge that they intend (and the State acknowledges) that such tolls and any other revenue from activities approved under clauses 9.4(c), (d) and
(e) shall constitute the source of revenue for the Project.