Express Lanes HOV-3+ Exemption - E-ZPass Flex Defense
On the I-66, I-95/395, and I-495 Express Lanes (Transurban), HOV-3+ vehicles travel free with an E-ZPass Flex set to HOV mode. Where a driver had 3+ occupants but the Flex was not set to HOV, the citation can be challenged with corroborating evidence (passenger statements, photos, parking garage tickets showing co-occupancy, employer commute records). Transurban's customer service has discretion to dismiss with sufficient evidence.
Legal basis
Code of Virginia §33.2-501; §46.2-908.1 (HOV designation); 24 VAC 30-540; I-95/395/495 Express Lanes Operating Agreement
Sample appeal wording
[DATE] Transurban / Virginia E-ZPass Customer Service [Address from Notice] RE: Dispute of Express Lanes Toll Notice #[NUMBER] Date: [DATE] Time: [TIME] Plate: [PLATE] Dear Customer Service: I respectfully dispute the above toll notice on the ground that my vehicle qualified for the HOV-3+ free toll exemption at the time of travel, but my E-ZPass Flex transponder was inadvertently in 'toll' mode rather than 'HOV' mode. Facts: 1. On [DATE] at [TIME], I was traveling on the [I-66 / I-95 / I-495] Express Lanes from [ENTRY] to [EXIT]. 2. My vehicle carried THREE OR MORE OCCUPANTS as required for HOV-3+ status: [LIST NAMES]. 3. I have an E-ZPass Flex (serial [NUMBER]) registered to my account. 4. The Flex was inadvertently left in 'toll' mode. This was a first-time error. Corroborating evidence: A. Sworn statement from passenger [NAME 1] (Exhibit A) B. Sworn statement from passenger [NAME 2] (Exhibit B) C. [Co-presence corroboration — photo with EXIF, work badge log, rideshare receipt] D. My E-ZPass account history showing typical HOV usage pattern This is my first such error. I have since [verified Flex setting / set phone reminder / attended Transurban's HOV Mode tutorial]. I request dismissal of all administrative fees and civil penalties. If a compromise is required, I am willing to accept payment of the standard toll rate ($[X]). Sincerely, [NAME] [E-ZPass account]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Virginia §33.2-501
- Code of Virginia §46.2-908.1
- I-66 Express Lanes Operating Agreement
- Transurban Customer Service procedures