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Northern Virginia HOT Lanes

Started by mtantillo, August 14, 2012, 11:02:35 PM

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jeffandnicole

Quote from: 1995hoo on December 30, 2014, 09:36:17 AM
The following rant just appeared in the comments to Dr. Gridlock's latest blog entry. This one amuses me greatly because (a) it's so whiny and (b) more importantly, the guy drives an expensive BMW two-seater yet complains about his inability to use HOV-3 lanes. Seems to me if you move to a location where an HOV facility is an important transportation feature, yet you buy a vehicle that renders you ineligible to use said HOV facility, you have no basis for complaint. You should have bought a different car if you'd wanted to use those lanes!

QuoteI live in Stafford, VA the fees they are charging are too high for someone who does a daily commute and before you say I should HOV-3 forget about it. It is quite difficult for find three people who can ride with me to work on my schedule AND anywhere near me. And more importantly I drive a Z4, only two seats. I used to use the HOV lanes when they allowed me to get on them early, not now. This morning I watched a hand full of folks using the HOV, probably unaware that they were going to get zonked with a nice fee via mail. These lanes are going to largely be unused, thanks to big fees and ridiculous HOV-3 requirements. Congestion would have been better served with a use for all expansion of I-95 nearly doubling the capacity one way at a time with a true benefit for all as opposed to a tiny portion of the population who might be willing to pay these fees.

If he had only said he was using the HOV-2 lanes with a fellow passenger, and now he was unable to due to his 2 seater, he would potentially have a valid complaint.  Hell, he could have even offered a possibility that 2 seaters can use the HOV-3 lanes for free under the reasoning that he is using the available capacity of his vehicle.

But otherwise, you're right - he's coming off as a complainer who, I'm guessing, used the HOV-2 lanes and got away with it because of lenient enforcement and lack of EZ Pass checkpoints.


Mapmikey

In addition...

If that guy was using the HOV before enforcement hours, I can tell you from 17 years experience that at that time of the morning from at least Stafford to the Beltway the mainline runs wide open 95% of the time, so he doesn't need the lanes northbound in the morning...



Mapmikey
Saved 45 minutes today...

1995hoo

Quote from: jeffandnicole on December 30, 2014, 07:08:49 PM
Quote from: 1995hoo on December 30, 2014, 09:36:17 AM
The following rant just appeared in the comments to Dr. Gridlock's latest blog entry. This one amuses me greatly because (a) it's so whiny and (b) more importantly, the guy drives an expensive BMW two-seater yet complains about his inability to use HOV-3 lanes. Seems to me if you move to a location where an HOV facility is an important transportation feature, yet you buy a vehicle that renders you ineligible to use said HOV facility, you have no basis for complaint. You should have bought a different car if you'd wanted to use those lanes!

QuoteI live in Stafford, VA the fees they are charging are too high for someone who does a daily commute and before you say I should HOV-3 forget about it. It is quite difficult for find three people who can ride with me to work on my schedule AND anywhere near me. And more importantly I drive a Z4, only two seats. I used to use the HOV lanes when they allowed me to get on them early, not now. This morning I watched a hand full of folks using the HOV, probably unaware that they were going to get zonked with a nice fee via mail. These lanes are going to largely be unused, thanks to big fees and ridiculous HOV-3 requirements. Congestion would have been better served with a use for all expansion of I-95 nearly doubling the capacity one way at a time with a true benefit for all as opposed to a tiny portion of the population who might be willing to pay these fees.

If he had only said he was using the HOV-2 lanes with a fellow passenger, and now he was unable to due to his 2 seater, he would potentially have a valid complaint.  Hell, he could have even offered a possibility that 2 seaters can use the HOV-3 lanes for free under the reasoning that he is using the available capacity of his vehicle.

But otherwise, you're right - he's coming off as a complainer who, I'm guessing, used the HOV-2 lanes and got away with it because of lenient enforcement and lack of EZ Pass checkpoints.

Thing is, he wasn't. I-95/395 has never been HOV-2, and Virginia law has always been clear that two-seaters aren't eligible for HOV-3 or -4 facilities (except for clean fuel vehicles eligible for an HOV exemption, such as the original Honda Insight).




Quote from: froggie on December 30, 2014, 06:50:57 PM
Replied to one of your comments.  Specifically, that "big sea of parking" at the Pentagon is off-limits to most.

I replied to you–I have no DOD affiliation and can't park there, but I've never had a problem idling in a space for around 10 minutes waiting for HOV to end. Maybe I was just lucky. Doesn't matter now since I don't work in the city anymore.
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

cpzilliacus

Quote from: Mapmikey on December 30, 2014, 07:21:32 PM
In addition...

If that guy was using the HOV before enforcement hours, I can tell you from 17 years experience that at that time of the morning from at least Stafford to the Beltway the mainline runs wide open 95% of the time, so he doesn't need the lanes northbound in the morning...

It has been my observation that the "free" lanes of I-95 (this is from Va. 630 at Stafford CH north) can get extremely disrupted by even the smallest of incidents, including disabled vehicles completely off on the shoulder. 

Is this unique to I-95?  No!

I have seen the same or similar dynamic on other overburdened freeway lanes such as I-66, I-270 and U.S. 50 in Maryland. 
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

cpzilliacus

#629
Quote from: 1995hoo on December 30, 2014, 07:35:05 PM
Thing is, he wasn't. I-95/395 has never been HOV-2, and Virginia law has always been clear that two-seaters aren't eligible for HOV-3 or -4 facilities (except for clean fuel vehicles eligible for an HOV exemption, such as the original Honda Insight).

IMPO, HOV-2 is not HOV.  It is not car-pooling.  It is (as Bob Poole of Reason, who I think coined the term), mostly "fam-pools."

Some will say that HOV-2 results in higher average auto occupancy than unrestricted lanes, and that is usually correct.  But for all of the personal reservations that I have (and have had) about the 95 Express lanes project, I think they have one thing right - HOV is HOV-3, and anything less than HOV-3 has to pay.  That is the correct approach, as it allows the real car-pools (and I absolutely include the body snatchers and slugs in my own definition of a car-pool) to enjoy the much faster travel times of those lanes.

Having said all of that, and knowing where Mapmikey works (because he told me, and I will not share that information here), he probably cannot get any slugs to that destination from where he resides (he also told me in what county he resides, and I will not share that information either).
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

Mapmikey

There is actually a van pool from my home area to my workplace but its schedule would in no way work for me. 

I actually saw last week a commuter van running from Chester, VA to Fort Belvoir, which is about 100 miles one way.  So they get to deal with Northern Virginia traffic and Richmond's though the time spent in Richmond is probably outside their real rush hour.

QuoteIt has been my observation that the "free" lanes of I-95 (this is from Va. 630 at Stafford CH north) can get extremely disrupted by even the smallest of incidents, including disabled vehicles completely off on the shoulder.

This is also true in the HOV lanes from Dale City northward but probably doesn't happen as much.

My theory was that if I took the HOV (pre-enforcement time) and something happened, I was stuck as it was 17 miles to the first exit.  But if something happened on the mainline I could duck into the HOV if I wanted (and had done a few times over the years).

oscar

Quote from: cpzilliacus on December 31, 2014, 11:13:49 AM
IMPO, HOV-2 is not HOV.  It is not car-pooling.  It is (as Bob Poole of Reason, who I think coined the term), mostly "fam-pools."

Fair enough.  But HOV-2 has its uses, even if it doesn't do much to promote car-pooling, if you need to impose only a mild restriction on rush-hour traffic.

For example, on I-66 inside the Beltway, there isn't enough capacity to let everybody travel it in rush hours, but taking just non-Dulles-exempt SOVs off the road brings traffic more in line with capacity, while insisting on a HOV-3/Dulles traffic restriction might underutilize existing capacity.  (I say *might* because I've only once been able to legally drive I-66 during HOV hours, and there's been some rumblings about having to go to HOV-3 in a few years even with "spot improvements" to I-66.)  But if we can get by with HOV-2 for now (which, with the Dulles exemption, is pretty much the lightest restriction possible), that seems reasonable.   
my Hot Springs and Highways pages, with links to my roads sites:
http://www.alaskaroads.com/home.html

jeffandnicole

HOV 2 is generally just as real as a carpool as HOV 3.  And there's a reason why.

Let's say a carpool has 3 people in it.  On average, a person is going to take about 20 - 25 days off from work a year.  Vacation days, sick days, half days, etc.  Thus, in a 3 person carpool, if people take off individual days that's about 60 - 75 days, or 25% and greater per year, that this carpool won't be able to use the carpool lanes. 


cpzilliacus

Quote from: oscar on December 31, 2014, 12:49:17 PM
Quote from: cpzilliacus on December 31, 2014, 11:13:49 AM
IMPO, HOV-2 is not HOV.  It is not car-pooling.  It is (as Bob Poole of Reason, who I think coined the term), mostly "fam-pools."

Fair enough.  But HOV-2 has its uses, even if it doesn't do much to promote car-pooling, if you need to impose only a mild restriction on rush-hour traffic.

I concede that.  But the demands on highway infrstructure in the D.C. area are such that the vehicle-to-capacity ratio (V/C ratio) is not good even with an HOV-2 restriction.

Quote from: oscar on December 31, 2014, 12:49:17 PM
For example, on I-66 inside the Beltway, there isn't enough capacity to let everybody travel it in rush hours, but taking just non-Dulles-exempt SOVs off the road brings traffic more in line with capacity, while insisting on a HOV-3/Dulles traffic restriction might underutilize existing capacity.  (I say *might* because I've only once been able to legally drive I-66 during HOV hours, and there's been some rumblings about having to go to HOV-3 in a few years even with "spot improvements" to I-66.)  But if we can get by with HOV-2 for now (which, with the Dulles exemption, is pretty much the lightest restriction possible), that seems reasonable.

In my personal opinion, pricing I-66 to assure free-flow (like Md. 200, since we are talking about an entire managed road, not just managed lanes) but allowing HOV-3 and buses to use the road for free is a good balance (and I remember when I-66 between the Capital Beltway was HOV-4 and then HOV-3).
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

1995hoo

Quote from: oscar on December 31, 2014, 12:49:17 PM
Quote from: cpzilliacus on December 31, 2014, 11:13:49 AM
IMPO, HOV-2 is not HOV.  It is not car-pooling.  It is (as Bob Poole of Reason, who I think coined the term), mostly "fam-pools."

Fair enough.  But HOV-2 has its uses, even if it doesn't do much to promote car-pooling, if you need to impose only a mild restriction on rush-hour traffic.

For example, on I-66 inside the Beltway, there isn't enough capacity to let everybody travel it in rush hours, but taking just non-Dulles-exempt SOVs off the road brings traffic more in line with capacity, while insisting on a HOV-3/Dulles traffic restriction might underutilize existing capacity.  (I say *might* because I've only once been able to legally drive I-66 during HOV hours, and there's been some rumblings about having to go to HOV-3 in a few years even with "spot improvements" to I-66.)  But if we can get by with HOV-2 for now (which, with the Dulles exemption, is pretty much the lightest restriction possible), that seems reasonable.   

I can confirm the HOV-2 can make a real difference. During college I worked at the Justice Department downtown and hitched a ride with my father because he worked nearby. Summer of 1994 we took 236 to Columbia Pike because I-66 was HOV-3. Usually took us about 45 minutes. That winter, they changed it to HOV-2, so in the summer of 1995 we took I-66 (route: 236 WEST to Pickett Road to Route 50, east on 50 to Nutley Street, north to I-66....reason for this was the Beltway was impossibly slow). During that summer, going HOV-2, we routinely made it downtown in 20 minutes. That's a big difference!

That was a long time ago, of course, and nowadays it doesn't seem to move as quickly inbound. It bogs down from the West Falls Church Metro to Exit 69. But OUTBOUND, in the afternoon, you can FLY. I've mentioned my wife works at the Watergate office complex. We've made it from her office to Tysons Corner in ten minutes going HOV-2 in the afternoons. Might have made it even faster if I didn't make a conscious effort not to exceed 65 mph on there. Last winter when I picked her up on a super-cold day, I tried Mike Tantillo's suggestion of using I-66 to the Beltway, then the HO/T lanes. It's way out of the way distance-wise since we live south of the Beltway, but we made it home in 26 minutes. Would have taken at least an hour via I-395.




Quote from: jeffandnicole on December 31, 2014, 02:13:46 PM
HOV 2 is generally just as real as a carpool as HOV 3.  And there's a reason why.

Let's say a carpool has 3 people in it.  On average, a person is going to take about 20 - 25 days off from work a year.  Vacation days, sick days, half days, etc.  Thus, in a 3 person carpool, if people take off individual days that's about 60 - 75 days, or 25% and greater per year, that this carpool won't be able to use the carpool lanes. 

This sort of thing is one reason why slugging has done so well on the I-95/395 corridor. People don't have to try to form organized carpools and worry about each other's schedule, who's taking off work, finding substitute transportation when you have to work late, etc. You just pull into a commuter lot where people are standing on line for rides, tell the first person your destination (e.g., "14th and Constitution"), and he repeats it to the people behind him on line. First two people going there get in the car and away you go.

However, the HOV-3 (previously HOV-4) restriction is often cited as a major reason why slugging took off: People, especially women, seem to be more willing to get into a car with two complete strangers than with one stranger. The "safety in numbers" idea has some serious holes in it in this context, but I do understand why people feel that way.
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

mrsman

Quote from: 1995hoo on December 29, 2014, 04:14:36 PM
Quote from: jeffandnicole on December 29, 2014, 02:16:03 PM
I'm sure it was discussed previously, but why did they do a flyover for the merge back into the regular lanes, rather than just merge the HOT lanes onto the left side of the free lanes.  Even makes more sense especially as the HOT speed limit is 65 mph, allowing the faster traffic to flow onto the left, faster side of the highway.

Sure, keep the flyover for those needing to access the first exit there (kinda like the flyover from I-495 in Wilmington DE to access the DE 141 Exits), but for traffic continuing south, a simple merge on the left would appear to offer a more seamless merge at the end of the HOT lanes.

I don't know, though I note the speed limit in the general-purpose lanes is 65 there as well (going southbound, it goes from 55 to 60 south of Route 123 and then from 60 to 65 just north of the weigh station). The flyover there is important because of that interchange, as you note. There's a fairly popular slug lot located there. (For those unfamiliar, slugging is our term for what Californians call "casual carpooling"–people line up to get rides from drivers who want to use the HOV but don't have enough passengers.)

I suspect, though it's just a guess, that the overall bad experience with the HOV lanes' old southern terminus (a left-side merge just south of Route 234) may have factored into the decision to use a flyover.

I've seen a number of comments saying the northbound entrance at the southern terminus should have been constructed as a flyover to reduce the need for people entering the highway there to cut across all the thru lanes to get to the express lane entrance.

IMO, it would be nice to have an access point from the HOT lanes to both the left and the right side of the freeway.  Slip ramps to the left and flyovers to the right.  For both exiting and entering.

Although the context is a little different, north of Los Angeles on I-5 (at the 405 interchange) there are truck lanes that can also be used by cars.  If you want to stay left, use the main lanes.  But if you need to exit just north of the interchange, using the truck lanes will put you on the right side of the freeway and avoid the need for having to merge across several lanes of traffic coming from the 405 to reach your exit.

cpzilliacus

Quote from: mrsman on January 02, 2015, 08:50:43 AM
IMO, it would be nice to have an access point from the HOT lanes to both the left and the right side of the freeway.  Slip ramps to the left and flyovers to the right.  For both exiting and entering.

I think right-of-way constraint in both the I-95 and I-495 corridors in Virginia preclude that.  Remember that both started out as four-lane freeways.

Quote from: mrsman on January 02, 2015, 08:50:43 AM
Although the context is a little different, north of Los Angeles on I-5 (at the 405 interchange) there are truck lanes that can also be used by cars.  If you want to stay left, use the main lanes.  But if you need to exit just north of the interchange, using the truck lanes will put you on the right side of the freeway and avoid the need for having to merge across several lanes of traffic coming from the 405 to reach your exit.

Sounds like the I-5/I-210/I-405/Ca. 14 complex at Sylmar at the extreme northern tip of the City of Los Angeles.
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

mtantillo

I've been checking prices today, because I'm curious what weekend prices would be like. This weekend is a pretty big travel weekend as everyone's vacations come to an end. I noticed a lot of traffic in general between Springfield and Fredericksburg.

This morning around noon, the price for the length of the 95 lanes was $5.85 (sum of 3 segments) heading south. When the lanes opened going north, the price was $5.25, a little later in the evening it was up to $6.05, but then was back down to $5.75 a few minutes later.

Seems like a pretty reasonable price for a guaranteed free flow trip...so much for those who said $50 would be the going price on weekends.

1995hoo

WTOP just tweeted a photo of a huge wreck on the Beltway at Van Dorn. We were just about to head up that way en route to the Kennedy Center. The express lanes provide an outstanding bypass option we shall be using! I like the way their website tells you which direction the I-95 lanes are pointing–no need to have to remember the schedule.
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

02 Park Ave

1995hoo:  What is the address of the website which provides information regarding in which direction the HOT lanes are being operated?
C-o-H

1995hoo


Quote from: 02 Park Ave on January 04, 2015, 03:27:27 PM
1995hoo:  What is the address of the website which provides information regarding in which direction the HOT lanes are being operated?

Go to expresslanes.com and click the "On the Road Now" option (I think that's what it says) and the notation appears above the map.
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

NJRoadfan

Look at this morning around 9:30am for a "baseline" Sunday price. Seems that $5~ or so was the lower limit.

Fun Fact: One could have bypassed the ramps on the Springfield Interchange to get on I-95/495 for $1 from I-95 north at the giant flyover. Why anyone would do that? No clue.

Not many takers of the lanes this morning in general. Overall the I-95 corridor was pretty empty for once. It does seem that TransUrban is recouping their costs for the expanded southern half of the lanes with their pricing. $2 to travel from the beginning of the lanes to where the old HOV lanes began.

froggie

QuoteFun Fact: One could have bypassed the ramps on the Springfield Interchange to get on I-95/495 for $1 from I-95 north at the giant flyover. Why anyone would do that? No clue.

If there's an issue or backup on the flyover...which usually doesn't happen northbound but occasionally happens southbound.

cpzilliacus

Washington Post: Some practical tips about driving the new 95 Express Lanes in Virginia

QuoteThe first week of tolling on the 95 Express Lanes was a good chance to test the new system, but drivers won't really begin to know how it's working until more commuters get back from their holidays.

QuoteStarting this month, we should learn some lessons about whether carpoolers are adapting to life with the E-ZPass Flex transponder and whether solo drivers are willing to pay the tolls. Watch also to see the effect on travel in the regular lanes of Interstate 95 in Northern Virginia.
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

Mapmikey

It appears that enough people have stopped using the lanes in the morning since the changeover to tolls that mainline 95 is backing up very early at both Dale City exits.

Maybe not enough days have gone by to know this is a real effect but it has happened the 4 morning commutes I've had since last Monday...

Mapmikey

1995hoo

#645
WTOP interviewed a driver waiting to pick up slugs who didn't have an E-ZPass (standard or Flex). I suspect there are a lot of drivers like that out there and that in a few weeks we will hear howls of outrage when they receive bills in the mail. I gather there was a big wreck in the local lanes in Newington, too, that may have prompted a lot of people to use the express lanes today.

Meanwhile, I see the late, unlamented ethanman62187 left a comment (using his real name) on one of Dr. Gridlock's latest blog entries about the I-95 lanes.




Edited to add: WTOP has a story (we heard it on the radio and now it's online) about a woman whose driver's license was suspended by the DMV because she's refusing to pay her toll bill. Naturally the media will try to paint her as sympathetic, but give the story a read. I find it hard to have a lot of sympathy for her because she's been wrong at every step of the process:

(1) She used the lanes without an E-ZPass (not stated in the story, but obvious given the facts).
(2) She got a bill in the mail and didn't pay.
(3) She failed to show up in court, so the judge entered a default judgment against her. (This is standard in ANY civil case, not just unpaid toll cases. If you fail to appear, you usually lose!)
(4) She negotiated a payment plan with the court due to the amount of money.
(5) She didn't make the monthly payment she negotiated. (At this point, that becomes borderline contempt of court.)
(6) She said she didn't pay because, in part, "I don't want to." (So you think that allows you to ignore a court order? That's REALLY stupid.)
(7) The COURT, not Transurban, ordered the DMV to suspend her license (the WTOP article quotes the statute).

http://wtop.com/traffic/2015/01/virginia-woman-loses-license-defaulting-10k-express-lane-tolls-fines/
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

froggie

QuoteMeanwhile, I see the late, unlamented ethanman62187 left a comment (using his real name) on one of Dr. Gridlock's latest blog entries about the I-95 lanes.

Are you sure they're one and the same?  With 5M people in the metro area, likely PLENTY of Ethan's on the Post website.

1995hoo

Quote from: froggie on January 05, 2015, 10:36:17 AM
QuoteMeanwhile, I see the late, unlamented ethanman62187 left a comment (using his real name) on one of Dr. Gridlock's latest blog entries about the I-95 lanes.

Are you sure they're one and the same?  With 5M people in the metro area, likely PLENTY of Ethan's on the Post website.


Absolutely positive. Out of curiosity back when he was stirring up issues here, I did a Google search and found several comments from "Ethan Cua" referring to turning Route 28 into an Interstate highway, including one referring to I-366, and the same search turned up a Twitter account belonging to "@ethanman62187" under the name "Ethan Cua." Recall he was a high school kid. The Twitter account pretty clearly reflected a high school kid. I'm positive it's the same guy, though I have never met him personally and have no desire to do so.
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.

cpzilliacus

#648
Quote from: 1995hoo on January 05, 2015, 07:54:41 AM
WTOP interviewed a driver waiting to pick up slugs who didn't have an E-ZPass (standard or Flex). I suspect there are a lot of drivers like that out there and that in a few weeks we will hear howls of outrage when they receive bills in the mail. I gather there was a big wreck in the local lanes in Newington, too, that may have prompted a lot of people to use the express lanes today.

Wreck avoidance/bypassing is (IMO) a legitimate way for the nice people at Transurban to rake in the dough, and I am pretty sure that they did.

Quote from: 1995hoo on January 05, 2015, 07:54:41 AM
Meanwhile, I see the late, unlamented ethanman62187 left a comment (using his real name) on one of Dr. Gridlock's latest blog entries about the I-95 lanes.



Was he reporting in from Alanland?  ;-)

Quote from: 1995hoo on January 05, 2015, 07:54:41 AM
Edited to add: WTOP has a story (we heard it on the radio and now it's online) about a woman whose driver's license was suspended by the DMV because she's refusing to pay her toll bill. Naturally the media will try to paint her as sympathetic, but give the story a read. I find it hard to have a lot of sympathy for her because she's been wrong at every step of the process:

(1) She used the lanes without an E-ZPass (not stated in the story, but obvious given the facts).
(2) She got a bill in the mail and didn't pay.
(3) She failed to show up in court, so the judge entered a default judgment against her. (This is standard in ANY civil case, not just unpaid toll cases. If you fail to appear, you usually lose!)
(4) She negotiated a payment plan with the court due to the amount of money.
(5) She didn't make the monthly payment she negotiated. (At this point, that becomes borderline contempt of court.)
(6) She said she didn't pay because, in part, "I don't want to." (So you think that allows you to ignore a court order? That's REALLY stupid.)
(7) The COURT, not Transurban, ordered the DMV to suspend her license (the WTOP article quotes the statute).

http://wtop.com/traffic/2015/01/virginia-woman-loses-license-defaulting-10k-express-lane-tolls-fines/

Personification of stupidity?

Does Virginia have so-called "consent judgements" in civil cases?  My HOA [in Maryland] sometimes negotiates those with owners who fail to pay assessments (with our Association attorney, because we are a corporation), though I have signed more than a few as an HOA officer.  Cheaper than having to get a judgement in District Court (about the same as the system of General District Courts in the Commonwealth).

Sounds like this person deserves what she had coming to her.  But - I do think there should be some sort of a limit on how much an unpaid civil debt can be increased by efforts to collect same (including going to court).  Not sure what that limit should be (and lawyers do have to eat, and they are not especially inexpensive).

There have been several news stories that implied that Transurban could function as prosecutor and judge in these sorts of cases, which is obviously incorrect. 

Quote from: WTOP storyNeither state is permitted to take action against the license or registration of someone living in another state.

IMO, this needs to change.  If a Maryland driver fails to pay tolls on a toll road in Virginia, then they should eventually get hit with a license suspension, and vice versa. 
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

1995hoo

Virginia does indeed have consent judgments. Essentially, any time you settle a case and ask the court to memorialize the settlement in a court order, it's a consent judgment. It's useful for the person "winning" because it makes it easier to enforce the settlement agreement–you simply ask the court to enforce its own order, whereas if the parties sign a settlement agreement but don't get a court order other than having the case dismissed, enforcing the settlement requires you to sue the other party for breach of contract.

Typically a "consent judgment" that results from out-of-court procedures without a lawsuit ever having been filed is a "confession of judgment" rather than a consent judgment. What basically happens is you say "I agree to pay $x on the following terms, and if I fail to do so, the other party may ask a court to enter judgment against me for the entire remaining unpaid balance and the court may do so without awaiting my appearance." Someone approached me last year asking for help on a matter in which she had signed a confession of judgment arising from unpaid commercial rent. Unfortunately, I couldn't help her. If you confess judgment and you are then unable to pay, you're going to find yourself in a tough situation if the other person refuses to renegotiate. (Often confessed-judgment promissory notes will be used by lenders with people who have spotty credit history or who are renegotiating a debt due to changed financial circumstances. For example, you fail to pay a loan because you can't afford the payments. Rather than writing it off, they negotiate a payment plan. The document memorializing the payment plan may include a confession of judgment because they want the right to get a court order against you if you default a second time.)
"You know, you never have a guaranteed spot until you have a spot guaranteed."
—Olaf Kolzig, as quoted in the Washington Times on March 28, 2003,
commenting on the Capitals clinching a playoff spot.

"That sounded stupid, didn't it?"
—Kolzig, to the same reporter a few seconds later.



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