HR-2526-119
Referred to the Subcommittee on Highways and Transit.
Sponsored by Jefferson Van Drew (R-NJ)
What it does
This bill would extend the same tolling rates and road access that public transportation vehicles and scheduled intercity buses currently receive to charter bus service operating on federal-aid highways, bridges, tunnels, HOV lanes, and under the FHWA's Value Pricing Pilot Program. Charter service is defined to include buses hired exclusively by a third party (e.g., for a wedding or corporate event) and buses serving the public for irregular or limited-duration events at a premium or third-party-paid fare (e.g., event shuttles). The bill would also require the FHWA to publish and annually update a publicly accessible, unified database of toll rates, terms, and conditions for all covered facilities.
Who benefits
Charter bus operators and companies, who would pay lower tolls and gain access to HOV lanes currently restricted to public transit. Customers who hire charter buses (wedding parties, corporate groups, sports fans, event attendees), who may see reduced service costs if savings are passed on. Rural and underserved communities that rely on charter or event-based bus service rather than fixed-route transit. Travelers using event shuttle services. Researchers, journalists, and the public who would benefit from the new unified FHWA toll database. Small and mid-sized charter bus businesses that currently face a competitive cost disadvantage relative to scheduled intercity carriers.
Who is hurt
Toll facility operators and state transportation agencies, which may collect less toll revenue if charter buses receive discounted rates. Public transit agencies, which may see a dilution of a benefit previously exclusive to transit and scheduled service, potentially reducing the competitive advantage of fixed-route public transportation. Taxpayers in states that rely on toll revenue to fund road maintenance, who could bear the cost of reduced collections. Ride-share and private van/shuttle operators who do not qualify under the bill's charter definition and would remain at a competitive disadvantage.
Supporters argue
Supporters argue that charter buses carry multiple passengers per vehicle and reduce road congestion in the same way that public transit and scheduled intercity buses do, making the current exclusion of charter service from toll parity arbitrary and counterproductive. They contend that extending HOV lane access and toll discounts to charter operators would lower operating costs, encourage greater use of group transportation, and reduce the number of single-occupancy vehicles on federal highways — directly serving the congestion-reduction goals that HOV and value-pricing programs were designed to achieve. The added transparency requirement for a unified toll database would also reduce compliance burdens for operators navigating a fragmented patchwork of state and local toll rules.
Opponents argue
Opponents argue that toll discounts and HOV lane access for public transit were deliberately designed to incentivize scheduled, publicly available transportation — not private, for-hire charter trips that serve exclusive groups and generate profit. They contend that extending these benefits to charter operators, including those serving weddings and corporate events, would reduce toll revenues that fund highway maintenance and could congest HOV lanes in ways that undermine their effectiveness for commuters and transit riders. Critics may further argue that the bill's definition of "charter service" is broad enough to encompass a wide range of commercial operators, creating enforcement ambiguity and potential for abuse of the discounted rate structure.
Constitutional context
Congress has broad authority to set conditions on the use of federal-aid highways under the Commerce Clause (Art. I, §8, cl. 3), and the Necessary and Proper Clause supports attaching operational requirements — such as toll rate parity and database publication — to federally funded infrastructure. No significant constitutional tension is apparent; this bill modifies existing statutory conditions on federal highway programs rather than creating a novel regulatory regime that would trigger major questions doctrine scrutiny under West Virginia v. EPA (2022).
Checks and balances
Congress gains authority by expanding the statutory definition of eligible vehicles; the FHWA (executive branch) implements the toll database requirement and enforces parity conditions, subject to judicial review of any agency rulemaking under the post-Chevron independent judgment standard of Loper Bright v. Raimondo (2024).
Historical precedent
The Moving Ahead for Progress in the 21st Century Act (MAP-21, 2012) and the FAST Act (2015) previously established and refined toll parity rules for over-the-road buses in scheduled service, providing the statutory framework this bill would expand to charter operations.