Toll charges have become an integral part of India’s transport infrastructure, playing a crucial role in funding the construction and maintenance of highways and expressways. With rapid urbanization and increased vehicular traffic, toll collection has emerged as a key mechanism for ensuring the sustainability of road networks. Governed by multiple laws and regulations, toll charges in India are subject to periodic revisions and technological advancements such as electronic toll collection systems like FASTag. This article delves into the existing laws, regulations, exemptions, and upcoming changes in toll collection across the country.
Legal Framework Governing Toll Collection The collection of toll charges in India is primarily governed by the following legislations and rules:
- The National Highways Act, 1956 – This act empowers the National Highways Authority of India (NHAI) to levy tolls on national highways. It also permits public-private partnerships (PPP) for road development under the Build-Operate-Transfer (BOT) and Hybrid Annuity Model (HAM) frameworks.
- The National Highways Fee (Determination of Rates and Collection) Rules, 2008 – These rules lay down the methodology for calculating toll charges, criteria for exemptions, and penalties for non-compliance.
- The Indian Tolls Act, 1851 – One of the oldest laws in the country, it allows state governments to impose toll charges on specific roads, bridges, and ferries.
- The Control of National Highways (Land and Traffic) Act, 2002 – This act regulates the enforcement of toll collection, penalizes toll evasion, and provides guidelines for managing traffic congestion at toll plazas.
Toll Rates and Calculation Toll rates in India vary based on the type of vehicle, road category, and distance covered. The primary factors determining toll rates include:
- Vehicle Type: Cars, buses, trucks, and multi-axle vehicles are charged differently, with heavy commercial vehicles paying higher fees.
- Road Category: Expressways typically have higher toll charges compared to national and state highways.
- Annual Inflation Adjustment: Toll charges are revised annually on April 1st, based on the Wholesale Price Index (WPI).
- Special Infrastructure Charges: Additional tolls may be levied for using tunnels, bridges, and elevated corridors.
Exemptions from Toll Charges Certain individuals and vehicles are exempted from paying toll charges under government regulations. The National Highways Fee Rules, 2008, provide toll exemptions to:
- The President, Vice President, Prime Minister, and other constitutional authorities.
- Governors and Chief Ministers of states.
- Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
- Military and paramilitary vehicles on duty.
- Ambulances, fire engines, and police vehicles.
- Two-wheelers, bicycles, and tractors (unless otherwise specified for certain highways).
Implementation of FASTag and Digital Toll Collection To ease traffic congestion and promote cashless transactions, the Government of India mandated the use of FASTag for toll payments from December 15, 2019. FASTag is an RFID-based electronic toll collection system that allows vehicles to pass through toll plazas without stopping for cash transactions. The key benefits of FASTag include:
- Reduction in waiting time at toll booths.
- Seamless digital transactions linked to prepaid wallets or bank accounts.
- Automatic deduction of toll charges, preventing disputes at toll plazas.
- A penalty of double the normal toll rate for vehicles entering FASTag lanes without a valid tag.
Future Developments in Toll Collection The Ministry of Road Transport and Highways (MoRTH) is exploring further technological advancements in toll collection. Some of the upcoming reforms include:
- GPS-Based Tolling System: Instead of toll plazas, vehicles will be charged based on the actual distance traveled on highways.
- One Nation, One FASTag: The government aims to integrate all toll plazas across the country under a single interoperable system.
- Elimination of Toll Booths: Discussions are underway to phase out physical toll booths and replace them with fully digital tolling mechanisms.
Issues and Legal Disputes Related to Toll Collection Despite efforts to streamline toll collection, various legal disputes and concerns persist:
- Overcharging and Unregulated Tolls: Several motorists have reported instances of overcharging at toll booths.
- Delays and Traffic Congestion: While FASTag has reduced congestion, some toll plazas still experience long queues.
- Non-Removal of Tolls After Cost Recovery: Toll booths are often not removed even after the construction cost of the road has been recovered, leading to legal challenges.
- Violation of Exemption Rules: Instances of unauthorized toll collection from exempted vehicles have been reported.
In case of toll-related disputes, affected individuals can:
- File complaints with NHAI through their toll-free helpline (1033).
- Approach consumer courts for grievances related to toll overcharging.
- File a writ petition in the High Court if toll collection violates legal provisions.
Toll charges are a vital component of India’s road infrastructure development, ensuring sustainable funding for the maintenance of highways and expressways. With technological interventions like FASTag and upcoming GPS-based tolling, the government aims to make toll collection more efficient and transparent. However, addressing legal concerns and ensuring strict enforcement of toll regulations remain critical for the smooth functioning of the system. As India moves toward a more digital and user-friendly tolling framework, continued reforms and legal compliance will play a pivotal role in shaping the future of road transport in the country.
