Home / Advice / I-405/SR-167 Express Toll Lane — Pass Read Failure & Carpool Exemption
toll defenseUnited States · Washington — I-405 / SR-167 / SR-99 Express LanesDifficulty: Medium

I-405/SR-167 Express Toll Lane — Pass Read Failure & Carpool Exemption

I-405 ETLs, SR-167 HOT lanes, and SR-99 Tunnel use Good To Go! Flex Pass with HOV2/HOV3 modes. Tolls are waived for HOV-eligible trips when the Flex Pass is set to 'HOV'. Common WSDOT errors: (a) Flex Pass left on 'TOLL' but vehicle had 2+/3+ occupants — produce dashcam, fast-food receipt timestamps, or witness affidavits; (b) Pass switch wasn't read by gantry due to placement / metallic windshield — request the read confidence; (c) toll posted at wrong rate vs. posted variable rate (RCW 47.46 & WAC 468-270 require advance display).

Legal basis

RCW 47.46; WAC 468-270; RCW 46.63.160 (civil penalty); RCW 46.61.165 (HOV)

Sample appeal wording

WSDOT Toll Customer Service — Dispute Civil Penalty [#] / Trip [DATE] Grounds: Flex Pass HOV-eligible trip; pass not read OR mode left on TOLL while vehicle was HOV-eligible. Evidence: [dashcam clip; passenger affidavit; receipt timestamps]. Request: vacate civil penalty, refund toll if charged, and update the Flex Pass account to reflect HOV trip. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • WSDOT Toll Operations — https://www.wsdot.wa.gov/Tolling
  • RCW 47.46
  • RCW 46.61.165

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