Virginia Toll Road Suffers Major Legal Setback

 

From The Newspaper (http://thenewspaper.com/news/48/4826.asp): "Federal judge slams Transurban for imposing thousands in fines on motorists for tiny alleged infractions on Virginia toll roads.
A federal court delivered a serious blow to the high occupancy toll lane (HOT lane) scheme in Northern Virginia on Monday. US District Court Judge James C. Cacheris ruled in favor of motorists on almost every major count in their ongoing lawsuit against Transurban, the Australian company in charge of the Interstate 95 and Capital Beltway HOT lanes.
At issue is Transurban's use of a photo enforcement system to issue "administrative penalties" of up to $1000 for each unpaid toll. Under this scheme, $50 in missing tolls became a $31,000 fine; $36 in unpaid tolls became $17,000...."
Mark

I-95 tolls.

Will probably avoid them on my next trip to the DC area even though I have an EZPass that seems to be quite reliable.

The President & VP

of Transurban should be put in Jail for at least a year. Their contract should be voided too.

Fred

I live in the area

and the fine are too much but I also blamed the driver who does not have the EZ pass and still not try to find the way to pay for it.

Moved from there

dtran1 wrote:

and the fine are too much but I also blamed the driver who does not have the EZ pass and still not try to find the way to pay for it.

but many drivers making the commute in NVA are very self-absorbed and refuse to abide by many of the traffic laws. I have personally witnessed some of the a$$holes stomp on the gas and run through a light during the 3 second clearing phase. There is also a regular cadre that abuses the HOV lanes on the basis they won't get stopped.

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ummmm

Box Car wrote:

I have personally witnessed some of the a$$holes stomp on the gas and run through a light during the 3 second clearing phase. There is also a regular cadre that abuses the HOV lanes on the basis they won't get stopped.

Box Car,

I don't disagree with your statement but th d observa :smile ion I dc by limited to NOVA.

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Never argue with a pig. It makes you look foolish and it anoys the hell out of the pig!

Pay With Taxes

Some countries use taxes to pay for the roads and drivers therefore can avoid delays and accidents caused by the toll obstruction.

Wake up America - there is a better way than paying tolls.

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romanviking

Toll Roads

romanviking wrote:

Some countries use taxes to pay for the roads and drivers therefore can avoid delays and accidents caused by the toll obstruction.

Wake up America - there is a better way than paying tolls.

The value or validity of toll roads is a little off the original topic.

However, I think your claim that many other countries are paying for road construction through taxes is becoming less accurate. Not because tolls are a good way of covering construction costs but because of the negative public perception of taxes. People think that if they don't use something regularly, they should not have to pay for that item. Toll roads represent a basic User Pay system.

Now they are proposing tolls as a mechanism of controlling traffic! A group of economists has claimed that charging tolls on certain high volume roads in Toronto would REDUCE congestion - because casual drivers would not want to pay the toll. And if drivers continued to use the toll roads, it would become a revenue stream... sure.

vote for speed bumps

DanielT wrote:

Now they are proposing tolls as a mechanism of controlling traffic!

Installing speed bumps close together is another effective way to control traffic!

--
Never argue with a pig. It makes you look foolish and it anoys the hell out of the pig!

Good for them. I used to

Good for them. I used to live in that area. Ugh.

No surprise

No surprises here. Judges are people too, and nobody likes to hear about things like administrative penalties raising minor charges to outrageous totals.

Photo enforcement

Glad to see another abuser of a photo enforcement scam is getting it handed to them.

Huh???

fkent484 wrote:

Glad to see another abuser of a photo enforcement scam is getting it handed to them.

This isn't another traffic camera installation, it's photo evidence of drivers using a toll road (or lanes in this case) without paying. How is that "Photo Enforcement" in comparison to stop light and speed cameras?

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Judge's Determination

The decision is 85 pages long and filled with legal arguments, procedural positions and eight specific claims.

The judge dismissed the motorists' claims of a lack of Due Process and the claim that the process was set up to Unjustly Enrich the company. He also dismissed claims related to Consumer Protection under state laws.

However, the judge upheld claims that the company was a State Actor, and therefore subject to the meeting the same procedural requirements as the State in issuing tickets and the administrative penalties that are the subject of this suit.

The statement presented in thenewspaper.com article is the judge's comment indicating that the motorists had provided sufficient examples to demonstrate that the administrative fees were excessive in comparison to the actual unpaid tolls.

From what I read, this judgment is a determination as to whether a Class Action law suit can move forward. So it is a procedural decision and NOT a final judgment.

Driving In NoVa ....

Is grim death. I avoid it all costs.

Virginia has always been

Virginia has always been like a police state on their highways with lots of speed traps. Whenever in VA we go under the speed limit and continually watch for traffic traps like this toll road. On another note, is the Australian company dictating traffic and fine policies?

Virginia Has Never Been a Speed Trap State

panama wrote:

Virginia has always been like a police state on their highways with lots of speed traps. Whenever in VA we go under the speed limit and continually watch for traffic traps like this toll road. On another note, is the Australian company dictating traffic and fine policies?

Contrary to popular belief, a State Trooper or Deputy sitting on the side of the road is not a speed trap. VA is no more a speed trap state than any other states. Perhaps if you slowed down and obeyed the traffic laws you wouldn't have so many problems.

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Frank DriveSmart55 37.322760, -79.511267

VA Top State for Issuing Traffic Violations

Virginia is ranked by several organizations, such as speedtrap.org, Popular Mechanics, motorists.org, and Business Insider as a top speed trap state and a primary provider of traffic violations.

When troopers constantly run speed traps and give out tickets to people out of state who are going less than 5 miles over the speed limit while other vehicles are going faster than the out of state vehicle, this is a red flag. Of course the out of stater can call the local traffic attorney who will make a plea for them, charge attorney fees, then pay court costs, and keep it off their record. This has happened in Virginia to people who I know and is not just a coincidence, it is a revenue generator.

As for my driving habits, my driving record is clean with no traffic violations since 1995. Because I obey traffic laws and remain within the speed limit, I do not have any problems.

Anyone who claims to have a

Anyone who claims to have a speeding ticket for 5 over was stopped for something much worse and was lucky to get off so easy.

It's not a speed trap. They are merely enforcing the law. A speed trap is a hidden speed limit sign and a cop hiding in the bushes behind the speed sign,

I repeat, if you would obey the law you wouldn't have any problems. I've lived in this state all my life, and I call BS on your third party anecdotes. I have also driven in 47 of the 48 continental states, and VA is no better or worse than any other state.

And my record, I've been driving for 50 years and never had a citation. So I would suggest you quit bashing other states until you have actual factual proof. Your references are BS and rely on opinions and anecdotes from speculative sources.

I repeat, your definition of a speed trap is bogus.

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Frank DriveSmart55 37.322760, -79.511267

i agree

phranc wrote:

I repeat, your definition of a speed trap is bogus.

While the traffic in Virginia for the most is horrendous, the enforcement of speed laws by the state troopers is very fair. There are some areas that are known as speed traps, but it is the locals and not the troopers who are guilty. The Petersburg area is well known as one 2 mile stretch passes through the city limits of one small burg and the majority of their budget is from over zealous enforcement of speed on that section of Interstate. Generally, the troopers and most of the locals go by 8s great, 9 you're mine.

Because of the heavy traffic in the DC area, a lot of enforcement activity is targeted to HOV violators and the penalties for not following those laws escalates rapidly BY STATE LAW.

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