E-ZPass Transponder Read Failure / Account-in-Good-Standing Defense
Code of Virginia §46.2-819.1 establishes the toll violation enforcement framework. Where an E-ZPass account is in good standing with sufficient funds at the time of travel, but the transponder failed to read (battery dead, improperly mounted, out-of-state transponder formatting issue), the violation must be dismissed and the toll re-billed at the discount rate. This applies on the Dulles Toll Road, Pocahontas 895, I-66 Express Lanes, I-95/395 Express Lanes, I-495 Express Lanes, and Chesapeake Expressway.
Legal basis
Code of Virginia §46.2-819.1 (toll violation procedures); §46.2-819.3 (Express Lanes); 24 VAC 30-540 et seq. (VDOT toll enforcement regulations); contractual terms of E-ZPass interagency agreement
Sample appeal wording
[DATE] VA Toll Violation Processing Center P.O. Box 11080 Merrifield, VA 22116-1080 [Or: Transurban (495/95/395 Express Lanes) Customer Service] RE: Dispute of Violation Notice #[NUMBER] E-ZPass Account: [ACCOUNT] Transponder: [SERIAL] Date of Travel: [DATE/TIME] Dear Customer Service: I dispute the above violation notice. My E-ZPass account was in good standing with sufficient prepaid balance at the time of travel. The transponder failed to register, but this was a hardware/read failure — not a refusal to pay. Supporting documentation enclosed: 1. E-ZPass account statement covering [DATE RANGE] showing balance of $[AMOUNT] and active status (Exhibit A) 2. Transponder ID [SERIAL] registered to this account since [DATE] (Exhibit B) 3. [If applicable] Replacement transponder request submitted on [DATE] indicating known transponder issue (Exhibit C) Under Code of Virginia §46.2-819.1 and VDOT enforcement policy, where a toll user has a valid account with sufficient funds, the appropriate remedy for a failed read is to debit the toll at the standard E-ZPass rate, not impose a civil penalty. I request: 1. Dismissal of all administrative fees and civil penalties 2. Charging only the original E-ZPass discounted toll of $[AMOUNT] to my account 3. Confirmation in writing that no DMV hold will be placed Sincerely, [NAME] [ADDRESS] [PHONE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Virginia §46.2-819.1
- Code of Virginia §46.2-819.3
- 24 VAC 30-540
- tollroadsinvirginia.com Violation FAQ