Toll Road Controversies

Many concerns about brownfield toll projects also apply to public toll roads. For example, traffic diversion to untolled routes,82 removal of tolls upon termination, and toll rates are issues for public and private toll roads alike. Likewise, noncompete clauses are not unique to PPPs, but often have been used in the public sector as well.83 In PPPs, many of these issues are addressed through contract provisions or enabling legislation (see also Principle 2 for more on separating the PPP and tolling debates).