Toll Plaza Taxes and Rules in India

A Toll plaza is a place where a driver stops to pay a fixed amount before using a certain road, mostly highways. Most people are aware that every highway in India (State or National), is taxed by the Government of India in order to raise funds for its maintenance. These funds are important in order to provide infrastructural and other needs.

What is Toll Tax?

Most State or National Highways are taxed by the government in order to ensure that they are maintained, as these are key roads that join States and cities and interconnect the country on the whole. As stated earlier, Toll tax is the monetary amount one is required to pay when using the expressway or highway in India. A lot of money is spent by the government on building these highways for better connectivity and maintaining security and safety on the roads. This is recovered at a later date by charging tolls from individuals who use the highways.

What are the Toll Tax Rules in India?

Although there are many roads that persons may choose to take in place of the highway in order to read their destination, a highway is way more convenient in terms of the time, kind of road, and feasibility of driving. The toll paid at these toll plazas on the highways is called toll tax. The rate of toll tax in India differs from highway to highway. This is based upon the distance that each traveler traveling on the road is accountable for. Provisions related to maximum waiting time, and the number of vehicles in a queue at peak hours at toll plazas are included in toll plaza rules. Toll Tax Rates in India are revised every year from April 1, based upon policies of National Highway Fee (Determination of Rates and Collection) Rules, 2008. Some Toll Plaza Rules in India have been stated below:

1. Vehicles: Only 6 or less than 6 vehicles per toll booth lane should be in a queue during peak traffic hours.
2. Toll Booths: There should be enough toll booths or toll lanes so that the service time for vehicles is not more than ten seconds per vehicle at peak traffic time flow.
3. Increase in Toll Lanes: Toll lanes or booths should be increased if the maximum waiting time for the vehicles or users exceeds three minutes.

Toll rules allow the building of new roads and maintenance of such roads without increasing taxes on the general Indian. It is a general practice that once the entire cost of construction is recovered by the Government through toll tax, the requirement to pay tolls on highways is also removed.

Who is exempted from paying Toll Tax in India?

There are several persons (mostly VIPs) that are exempted from paying toll tax across the country. These are:

• President of India
• Prime-Minister of India
• Vice-President of India
• Chief Justice of India, etc.
• Awardees with the following recognition:
  • Param Vir Chakra, Ashok Chakra
  • Maha Vir Chakra, Kirti Chakra
  • Vir Chakra
  • Shaurya Chakra

  In addition to the above list, there are some categories of vehicles that are also exempted from the toll tax. These include the following:

  • A vehicle used as an ambulance
  • Vehicle under or with a passenger from the Ministry of Defense. This includes those who are eligible for toll exemption as per the provisions of the Indian Toll (Army and Air Force) Act, 1901, and laws.
  • A vehicle belonging to any other Government agency or organization for purposes of survey, inspection, operation, or construction and maintenance of national highways.
  • Central and State armed forces in uniform.
  • Vehicle belonging to the National Highways Authority of India.
  • An executive Magistrate
  • Vehicle used as the funeral van.

  A display board is placed at all Toll Naka mentioning the persons and dignitaries exempted from paying the Toll.

  FASTag

  FASTag helps one pay toll taxes or charges electronically, in an instant. The hassle of physically paying toll plaza fees can be bypassed by this. The Government of India has mandated that toll plazas on the national highways be made electronic, and FASTag has been now made compulsory. This means that all vehicles traveling through toll plazas may now have to mandatorily pay their toll charges using FASTag. FASTag is an easy-to-use, reloadable tag that is affixed to your vehicle's windscreen. It enables automatic deduction of toll charges, so you can pass through toll plazas without stopping to pay the fees manually. FASTag is linked to a prepaid account from which the applicable toll amounts are deducted. The tag makes use of Radio-Frequency Identification (RFID) technology to ensure that the relevant charges are automatically deducted from your prepaid account. In order to get your FASTag, you need to do the following:

  1. A fully filled Application form for FASTag,
  2. A Registration Certificate of your Vehicle, and
  3. Identity Proof such as aadhaar card, PAN card, Voter ID, etc.

  Recent RTIs and Toll Plaza Rules in India

  An RTI was filed by an Advocate regarding the waiting rules at Toll Plazas in India, in 2017. This Right to Information Application was filed seeking answers from NHAI regarding 2 main questions:

  1. What is the total waiting time at toll plazas for vehicles on national highways?
  2. What is the compensation that the driver or traveler gets if the total waiting time is more than three minutes at the toll plaza?

  In reply to the RTI, it was stated by the NHAI Jalandhar office that the time required to wait at the toll plaza for a vehicle was 2 minutes and 50 seconds. If the waiting time exceeded by three minutes, then the vehicle was not required to pay any toll tax as per NHAI rules for toll plazas. Thus, as per the information received in reply to the RTI:

  1. It had to be ensured that the vehicles complete the process of paying fees at the toll plaza within a span of three mins as per the toll rules, and
  2. The traveler did not have to pay any toll fee if the vehicle fails to complete the process in case of congestion at the toll booth, delay due to the collector, or any other such situation.

  After receiving this information, the masses reacted stating that everywhere they had to wait a long time at toll booths across India. After this criticism, NHAI clarified that the 3 min rule of waiting was only applicable to highways in Chandigarh and not PAN India. Thus, now, it is clear that no rule for a free pass if waiting time exceeds three minutes is applicable across the whole of the country, and that the three min rule is directive in nature and an indicator to increase the capacity of the toll plaza. Thus, an RTI by a lawyer brought about a lot of clarity regarding National Highways and the 3 min waiting time rule.

  New NHAI Toll Rules 2022

  In order to ensure ease of travel and quick passage of cars and other vehicles at toll booths/plazas, the NHAI (National Highway Authority of India) has come up with certain guidelines in April 2022. The new guidelines have been stated below:

  1. ?National Highways Fee Hike - The authorities through notification informed about a hike in the fee payable as per the new NHAI Toll Rules 2022. There is an increase of 10% to 15% over the NH toll for commercial and private vehicles. It means vehicle owners will have to pay an extra amount ranging from Rs 10 to 60 as per new toll gate rules.
  2. No Toll After 10 seconds - In the previous year, the NHAI toll plaza rules struck the requirement to pay toll for people who had FASTags and yet had to wait for more than 10 seconds of service time. Also, in case the waiting queue extends for more than 100 metres, the new toll plaza rules allow vehicles to pass without paying the toll.
  3. FASTags - The Electronic Toll Collection on Toll Plazas was introduced in recent years. However, it has been mandated as per NHAI Toll Plaza Rules of the previous year. FASTags employ Radio Frequency Identification (RFID) technology for toll payments.
  4. The Union Transport Minister announced the closure of toll plazas that are less than 60 kilometres apart. There will be only one toll booth within 60 kilometres and users will be exempt from paying the toll in case of otherwise whereby the toll plaza is within a 60 KM distance from another.
  5. The government officials last year announced plans to unveil GPS-based tolling. It will replace toll booths to ensure efficient tolling and evading the long queues on highways to ensure seamless passage of traffic.

  What are the Rules of Toll Plaza in India?

  In India, toll plazas are established on highways and expressways to collect toll charges from vehicles passing through. The rules for toll plazas in India are as follows:

  1. Payment: Vehicles passing through a toll plaza must pay the toll charges as per the category of the vehicle. The toll charges are based on the type of vehicle and the distance travelled.
  2. Toll Categories: Toll charges in India are classified into various categories based on the type of vehicle, such as cars, buses, trucks, and trailers. Each category has a different toll charge, and vehicles must pay the appropriate charge.
  3. Toll Collection: Toll collection at the toll plaza can be done through cash, smart cards, or FASTags. FASTags are electronic toll collection tags that can be attached to a vehicle's windshield, which enables automatic toll deduction without the need to stop at the toll plaza.
  4. Lane System: Toll plazas have a lane system, where vehicles are directed to different lanes based on the type of payment mode. For example, there are separate lanes for cash payment, smart card payment, and FASTag payment.
  5. Speed Limit: Vehicles passing through the toll plaza must maintain a safe speed limit, typically 20 km/hr to 40 km/hr, to ensure the safety of other drivers and toll booth staff.
  6. Exemptions: Certain categories of vehicles, such as emergency vehicles, military vehicles, and vehicles carrying essential goods, are exempted from paying toll charges.
  7. Complaints: If a driver faces any issue with toll collection or any other problem at the toll plaza, they can register a complaint with the toll plaza operator or contact the National Highways Authority of India (NHAI).

  It is important for drivers to follow the rules of toll plazas to ensure a smooth and safe journey on highways and expressways.

  How can a Lawyer Help?

  If you have been wronged at a Toll Plaza or if you want to file an RTI i.e. Right to Information, you can take the help of a lawyer in order to understand which direction to move in. A lawyer can guide you regarding rules, regulations, legal issues, and even interpretation of court orders. Your diversified legal needs and requirements can be attended to by an expert lawyer. Hiring a lawyer ensures that your legal queries, however small, can be clarified easily.

  What are Toll Plazas?

  A Toll plaza is a place where a driver stops to pay a fixed amount before using a certain road, mostly highways. Most people are aware that every highway in India (State or National), is taxed by the Government of India in order to raise funds for its maintenance. These funds are important in order to provide infrastructural and other needs.

  What is Toll Tax?

  Most State or National Highways are taxed by the government in order to ensure that they are maintained, as these are key roads that join States and cities and interconnect the country on the whole. As stated earlier, Toll tax is the monetary amount one is required to pay when using the expressway or highway in India. A lot of money is spent by the government on building these highways for better connectivity and maintaining security and safety on the roads. This is recovered at a later date by charging tolls from individuals who use the highways.

  What are the Toll Tax Rules in India?

  Although there are many roads that persons may choose to take in place of the highway in order to read their destination, a highway is way more convenient in terms of the time, kind of road, and feasibility of driving. The toll paid at these toll plazas on the highways is called toll tax. The rate of toll tax in India differs from highway to highway. This is based upon the distance that each traveler traveling on the road is accountable for. Provisions related to maximum waiting time, and the number of vehicles in a queue at peak hours at toll plazas are included in toll plaza rules. Toll Tax Rates in India are revised every year from April 1, based upon policies of National Highway Fee (Determination of Rates and Collection) Rules, 2008. Some Toll Plaza Rules in India have been stated below:

  1. Vehicles: Only 6 or less than 6 vehicles per toll booth lane should be in a queue during peak traffic hours.
  2. Toll Booths: There should be enough toll booths or toll lanes so that the service time for vehicles is not more than ten seconds per vehicle at peak traffic time flow.
  3. Increase in Toll Lanes: Toll lanes or booths should be increased if the maximum waiting time for the vehicles or users exceeds three minutes.

  Toll rules allow the building of new roads and maintenance of such roads without increasing taxes on the general Indian. It is a general practice that once the entire cost of construction is recovered by the Government through toll tax, the requirement to pay tolls on highways is also removed.

  Who is exempted from paying Toll Tax in India?

  There are several persons (mostly VIPs) that are exempted from paying toll tax across the country. These are:

  • President of India
  • Prime-Minister of India
  • Vice-President of India
  • Chief Justice of India, etc.
  • Awardees with the following recognition:
    • Param Vir Chakra, Ashok Chakra
    • Maha Vir Chakra, Kirti Chakra
    • Vir Chakra
    • Shaurya Chakra

    In addition to the above list, there are some categories of vehicles that are also exempted from the toll tax. These include the following:

    • A vehicle used as an ambulance
    • Vehicle under or with a passenger from the Ministry of Defense. This includes those who are eligible for toll exemption as per the provisions of the Indian Toll (Army and Air Force) Act, 1901, and laws.
    • A vehicle belonging to any other Government agency or organization for purposes of survey, inspection, operation, or construction and maintenance of national highways.
    • Central and State armed forces in uniform.
    • Vehicle belonging to the National Highways Authority of India.
    • An executive Magistrate
    • Vehicle used as the funeral van.

    A display board is placed at all Toll Naka mentioning the persons and dignitaries exempted from paying the Toll.

    FASTag

    FASTag helps one pay toll taxes or charges electronically, in an instant. The hassle of physically paying toll plaza fees can be bypassed by this. The Government of India has mandated that toll plazas on the national highways be made electronic, and FASTag has been now made compulsory. This means that all vehicles traveling through toll plazas may now have to mandatorily pay their toll charges using FASTag. FASTag is an easy-to-use, reloadable tag that is affixed to your vehicle's windscreen. It enables automatic deduction of toll charges, so you can pass through toll plazas without stopping to pay the fees manually. FASTag is linked to a prepaid account from which the applicable toll amounts are deducted. The tag makes use of Radio-Frequency Identification (RFID) technology to ensure that the relevant charges are automatically deducted from your prepaid account. In order to get your FASTag, you need to do the following:

    1. A fully filled Application form for FASTag,
    2. A Registration Certificate of your Vehicle, and
    3. Identity Proof such as aadhaar card, PAN card, Voter ID, etc.

    Recent RTIs and Toll Plaza Rules in India

    An RTI was filed by an Advocate regarding the waiting rules at Toll Plazas in India, in 2017. This Right to Information Application was filed seeking answers from NHAI regarding 2 main questions:

    1. What is the total waiting time at toll plazas for vehicles on national highways?
    2. What is the compensation that the driver or traveler gets if the total waiting time is more than three minutes at the toll plaza?

    In reply to the RTI, it was stated by the NHAI Jalandhar office that the time required to wait at the toll plaza for a vehicle was 2 minutes and 50 seconds. If the waiting time exceeded by three minutes, then the vehicle was not required to pay any toll tax as per NHAI rules for toll plazas. Thus, as per the information received in reply to the RTI:

    1. It had to be ensured that the vehicles complete the process of paying fees at the toll plaza within a span of three mins as per the toll rules, and
    2. The traveler did not have to pay any toll fee if the vehicle fails to complete the process in case of congestion at the toll booth, delay due to the collector, or any other such situation.

    After receiving this information, the masses reacted stating that everywhere they had to wait a long time at toll booths across India. After this criticism, NHAI clarified that the 3 min rule of waiting was only applicable to highways in Chandigarh and not PAN India. Thus, now, it is clear that no rule for a free pass if waiting time exceeds three minutes is applicable across the whole of the country, and that the three min rule is directive in nature and an indicator to increase the capacity of the toll plaza. Thus, an RTI by a lawyer brought about a lot of clarity regarding National Highways and the 3 min waiting time rule.

    New NHAI Toll Rules 2022

    In order to ensure ease of travel and quick passage of cars and other vehicles at toll booths/plazas, the NHAI (National Highway Authority of India) has come up with certain guidelines in April 2022. The new guidelines have been stated below:

    1. ?National Highways Fee Hike - The authorities through notification informed about a hike in the fee payable as per the new NHAI Toll Rules 2022. There is an increase of 10% to 15% over the NH toll for commercial and private vehicles. It means vehicle owners will have to pay an extra amount ranging from Rs 10 to 60 as per new toll gate rules.
    2. No Toll After 10 seconds - In the previous year, the NHAI toll plaza rules struck the requirement to pay toll for people who had FASTags and yet had to wait for more than 10 seconds of service time. Also, in case the waiting queue extends for more than 100 metres, the new toll plaza rules allow vehicles to pass without paying the toll.
    3. FASTags - The Electronic Toll Collection on Toll Plazas was introduced in recent years. However, it has been mandated as per NHAI Toll Plaza Rules of the previous year. FASTags employ Radio Frequency Identification (RFID) technology for toll payments.
    4. The Union Transport Minister announced the closure of toll plazas that are less than 60 kilometres apart. There will be only one toll booth within 60 kilometres and users will be exempt from paying the toll in case of otherwise whereby the toll plaza is within a 60 KM distance from another.
    5. The government officials last year announced plans to unveil GPS-based tolling. It will replace toll booths to ensure efficient tolling and evading the long queues on highways to ensure seamless passage of traffic.

    What are the Rules of Toll Plaza in India?

    In India, toll plazas are established on highways and expressways to collect toll charges from vehicles passing through. The rules for toll plazas in India are as follows:

    1. Payment: Vehicles passing through a toll plaza must pay the toll charges as per the category of the vehicle. The toll charges are based on the type of vehicle and the distance travelled.
    2. Toll Categories: Toll charges in India are classified into various categories based on the type of vehicle, such as cars, buses, trucks, and trailers. Each category has a different toll charge, and vehicles must pay the appropriate charge.
    3. Toll Collection: Toll collection at the toll plaza can be done through cash, smart cards, or FASTags. FASTags are electronic toll collection tags that can be attached to a vehicle's windshield, which enables automatic toll deduction without the need to stop at the toll plaza.
    4. Lane System: Toll plazas have a lane system, where vehicles are directed to different lanes based on the type of payment mode. For example, there are separate lanes for cash payment, smart card payment, and FASTag payment.
    5. Speed Limit: Vehicles passing through the toll plaza must maintain a safe speed limit, typically 20 km/hr to 40 km/hr, to ensure the safety of other drivers and toll booth staff.
    6. Exemptions: Certain categories of vehicles, such as emergency vehicles, military vehicles, and vehicles carrying essential goods, are exempted from paying toll charges.
    7. Complaints: If a driver faces any issue with toll collection or any other problem at the toll plaza, they can register a complaint with the toll plaza operator or contact the National Highways Authority of India (NHAI).

    It is important for drivers to follow the rules of toll plazas to ensure a smooth and safe journey on highways and expressways.

    How can a Lawyer Help?

    If you have been wronged at a Toll Plaza or if you want to file an RTI i.e. Right to Information, you can take the help of a lawyer in order to understand which direction to move in. A lawyer can guide you regarding rules, regulations, legal issues, and even interpretation of court orders. Your diversified legal needs and requirements can be attended to by an expert lawyer. Hiring a lawyer ensures that your legal queries, however small, can be clarified easily.

    

    Advocate Chikirsha Mohanty

    4.0 | 2+ user ratings Greater Kailash - 1, Delhi
    5 years

    These guides are not legal advice, nor a substitute for a lawyer
    These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

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    Comments by Users

    Ikram ujede
    I have fastag recharge but server problem from toll plaza thye told me go back and wait.they don't allow to go me i told them the rules of 10 second but they don't agree and misbehaving me

    Reply by LawRato
    In such a case, you can reach out to NHAI on their 24x7 helpline to raise a grievance or file appropriate proceedings before the appropriate Court for resolution.

    Omar
    Should we pay toll if the queue time us greater than the rule?

    Reply by LawRato
    According to the National Highways Authority of India (NHAI), you are not required to pay toll if the queue time at a toll plaza exceeds 10 seconds. This rule was put in place in May 2021 to ensure that motorists do not have to wait too long to pay tolls. The rule applies to all vehicles, including those with FASTags.

    If you are in a queue that is longer than 10 seconds, you do not need to pay toll. However, it is important to note that you may still be subject to other fees, such as a late payment fee.

    If there is a delay and you are still asked to pay, you can connect with the concerned authorities (or call on the toll helpline number) for clarity on the same.

    Dinesh aggarwal
    When I go only 5 km. From Tolplaza and return with in a hour than what is The condition for toltax

    Reply by LawRato
    In India, there is no specific rule or condition that exempts you from paying toll tax if you travel only 5 km from a toll plaza and return within an hour. However, some toll plazas may have a grace period of 30 minutes or 1 hour, during which you can travel back without paying toll again. This grace period is usually mentioned on the toll plaza's signboard. If you are unsure whether you will be eligible for a grace period, it is best to check with the toll plaza operator before you travel.

    Gireesh
    I travel daily From Gr Noida to Ggn there are 5-6 tolls distance is 117Km I get charged at every toll How can I make sure the 60 Km rule applies you can not argue at every toll every day twice

    Reply by LawRato
    According to a Gazette Notification by the Ministry of Road Transport and Highways, the development work of the NH is considered as per requirements. Therefore, two adjoining sections constructed at a different time in separate contracts having length of less than 60 kms may have the fee plazas within 60 kms. Distance between two adjacent toll plazas may be less than 60 km due to unavailability of land, traffic congestion or improper location etc.
    Concession to local/frequent users is extended as welfare measures. There may be variation in the concessions available as these have been provided at different times under different fee rules and provisions of the concession agreement.
    Therefore, there are exceptions to the 60 km Rule and your case falls within its ambit.

    Rahul Gowda
    Ex military man have pay the toll .

    Reply by LawRato
    Armed forces personnel who are on official duty or returning from duty are usually not required to pay tolls at toll plazas, as per Section 3 of The Indian Tolls (Army and Air Force) Act, 1901. This exemption applies to all branches of the armed forces, including the Navy, Air Force, and Army. These exemptions are available only to the serving personnel and that only on the use of Govt. vehicle and no exemptions are available on the use of a personal vehicle even if it accompanies the said official. The exemption is available only on the production of a pass as specified in the Indian Toll (Army and Air Force) Ru1es, 1942. It is worth mentioning, however, that certain tolls that are imposed for the transit of barges may not be covered by this exemption, and retired personnel may not be eligible for it.

    Pista chaudhari
    if I need to go two times by that toll plaza 2/3 times in a 24 hours. then how many times I have to pay toll charges for same road and distance??

    Reply by LawRato
    One is not exempted from paying toll tax on account of frequent usage however toll plaza operators may offer discounts to frequent travellers who use the same toll plaza or a particular stretch of the road multiple times in 24 hours. FASTag has been made mandatory for availing of all discounts on the national highways fee plazas. Users who want to claim a discount for making a return journey within 24 hours are required to have a valid functional FASTag on the vehicle.

    Shashi
    hai, does toll plaza help if my car breakdown in the middle of the National Highway?

    Reply by LawRato
    Receipts are provided to you by Toll Booths / Plaza that you can reach out, for free, in case of an emergency such as a breakdown of your car or an accident. Toll Booths can help you with towing of vehicles, ambulances (medical and fire), etc. The company or the contractor looking after that particular highway is duty bound to help out.

    sai
    journalist preson get prevlege in toll plza??

    Reply by LawRato
    Journalists in India have to pay toll tax, they are not exempted from paying the fee.

    Prem
    They say that toll gate people don't charge tax for 24 hours if they pay in cash, only fast track has 24 hours tax concession availability. Tell me about this matter.

    Reply by LawRato
    Currently, there is no such rule that exempts one from paying toll tax if paid in cash one way. FASTag has been made mandatory for availing all discounts on the national highways fee plazas. Users who want to claim a discount for making a return journey within 24 hours, are required to have a valid functional FASTag on the vehicle.

    Veer pratap singh
    Army preson get prevlege in toll plza

    Reply by LawRato
    In India, members of the military may be eligible for certain privileges at toll plazas, such as being able to use special lanes or being exempt from paying tolls. These privileges are typically granted to military personnel as a way of recognizing their service and sacrifice

    Bharath
    What should be the minimum distance between two tolls. Because we have one NH toll and SH toll.. difference between two tolls is only 29km

    Reply by LawRato
    In India, the minimum distance between two toll plazas on a national highway or expressway is typically determined by the Ministry of Road Transport and Highways (MoRTH). According to the National Highways Fee (Determination of Rates and Collection) Rules, 2008, the distance between two toll plazas on a national highway or expressway should not be less than 50 kilometers. This rule is intended to ensure that toll plazas are spaced out in a way that minimizes the burden on motorists and ensures that the toll collection process is efficient.

    It's important to note that the minimum distance between toll plazas in India may vary depending on the specific circumstances of the roadway and the discretion of the authorities responsible for overseeing the toll plazas. You can get in touch with the proper authorities for further information.

    Aravind
    Hi , is any roads under construction in the highways and it's near to tollgate due to the construction we have to take the service roads. Still do we need to pay for the toll.?

    Reply by LawRato
    The toll paid by commuters is imposed by the National Highways Authority of India (NHAI) for the use of certain highways or sections of road. Payment of toll is mandatory for every vehicle plying on such roads. In the present case, where commuters are forced to pay toll despite usage of service lanes due to construction, you cannot refuse payment but you can reach out to NHAI on their 24x7 helpline to raise a grievance or file appropriate proceedings before the High Court or Supreme Court for resolution. The Indian judiciary in the past has pulled up authorities for collection of toll despite poor service.