Getting around the "Braided" Blockade at the Riverside Downtown Metrolink station outside of the car

Back in 2006, the City of Riverside, the Western Riverside Council of Governments and Compass Blueprint teamed up to plan urban development and multi-modal transportation options around the Downtown Riverside Metrolink Station. The project will help facilitate the development of a Transit Village around the station and connect trains to other regional transportation. As many are aware, the area could certainly use this type of infrastructure and the additional marketplace jobs that go with it.

The Transit Coalition's original future vision of this area can be seen here. Our ideas were not mere concepts. Government officials had the area professionally studied, and we used information from the study into the future vision. Here were a few of the 2006 findings which still apply today. The following issues and opportunities were developed during the one-day design charrette a little more than seven years ago:

Issue #1 - The 91 freeway acts as a barrier preventing pedestrian and vehicular access from the Metrolink station to Downtown. The suggested opportunity was to construct a pedestrian and bus access bridge over the freeway linking the Metrolink station to Downtown. We envisioned a non motor vehicular multi-use pathway connecting the station to Riverside's 11th Street pedestrian corridor which seamlessly links to the Main Street pedestrian plaza and numerous government buildings and courthouses. The second opportunity suggested was to provide a bus shuttle with frequent service connecting the Metrolink station to Downtown. It turned out that existing through bus routes would fare better in terms of productivity under the current demographics with combined frequent service, but a dedicated shuttle may be feasible later down the road.

Issue #2 - The linkage between bus transit and Metrolink service is limited. RTA and the City of Riverside at one point were planning a bus transit center adjacent to the Metrolink station offering bus riders easier access to Metrolink. That wise proposal is still mired in fiscal chaos. Additional through bus routes will serve the new bus transfer center offering better bus transit choices
for riders, productively addressing the bus feeder opportunity in Issue #1. Secondly, officials suggested any new development should provide a pedestrian plaza linking the bus transit center and the Metrolink station. 

Issue #3 - New development near the Metrolink station should complement the existing neighborhood. The opportunity here is to designate the station block as a specific plan where higher density housing and jobs adjacent to Metrolink should transition to lower densities of three and four story structures along Howard Avenue. New buildings adjacent to existing single family homes should exhibit architectural styles that reflect the historical styles of the area. Note how the background graphic of our "We want to see High Speed Rail done right" banner incorporates high density robust private sector job growth offering both entry level and top paying jobs right here in the heart of Downtown Riverside.

The SR-91 Carpool Lane project and the braided freeway interchanges

The Compass Blueprint plan ran into another problem. According to a recent field study covering the construction of the SR-91 Freeway carpool lane extension into Downtown Riverside and as shown in this satellite picture, we're back to the drawing board in regards to getting a pedestrian bridge over the freeway and finding spots for private sector intercity bus outlets. As you may tell, part of the carpool lane extension project included plans to braid the University Avenue and 14th Street interchange ramps, pretty much exacerbating Issue #1 and making the cost to build this bridge more expensive. Also, the idea of linking the transit center to the extended carpool lanes via a direct access ramp would almost certainly need to be done a few blocks away since the freeway right-of-way width is already maxed out in this area. We believe such a grade-separated connection would allow express buses, intercity coaches, and private carpools productive seamless connections between the Downtown Riverside transit station and the high occupancy lanes without the need to weave across the freeway's general purpose lanes.

Concept: Grade-separated direct access ramps would seamlessly link 91 Freeway carpool lanes with RTA and Omnitrans transit hubs, allowing express buses and other high occupancy vehicle traffic access to the carpool lane without the need to weave across the freeway.

As we have been advocating and suggesting, a prime way to get these amenities built is to incorporate these projects into future private sector development. Because of the new braided interchanges, the bridge will most likely need to mimic the one recently built at the San Ysidro border Port of Entry complete with stairs, ramps, and seamless connections to the existing bridge over the tracks on the station side and the County Administration building pathway on the downtown side. City officials should zone the area as a specific plan and offer developer incentives to establish a marketplace job hub that is compatible to urban planning and smart growth principles. Those incentives would not be in the form of direct government handouts, but in the form of tax rebates. Cooperation between the local entities and the state would be vital. That would get the jobs, smart growth and transportation infrastructure built in Downtown Riverside at minimal cost to the taxpayer.

Carpool Lanes: Debating the "Open to All" option outside of rush hours

Proposed: SANDAG proposes high occupancy toll lanes along the I-15 from Eastvale through the Cajon Pass. During times of extraordinary traffic incidents like accidents, temporarily opening the HOT lanes to all for free with continuous access would be justifiable. In this concept, the I-15 HOT lanes are open to all with continuous access due to an accident 5 miles ahead while the I-10 HOT lanes remain open to carpools or FasTrak traffic only

Should carpool lanes really be opened up to all during off-peak hours? The Transit Coalition's A Better Inland Empire transit blog answers that question. Last week, Governor Jerry Brown vetoed AB 405 by Assemblymember Mike Gatto which would have opened the segments of the carpool lanes along the 134 and 210 Freeways in Los Angeles County to solo drivers outside of commute hours. According the Press Enterprise and several other sources, AB 405 had bipartisan support, passing unanimously in the Senate and had near unanimous support in the Assembly. However, Brown in his veto message said, "Carpool lanes are especially important in Los Angeles County to reduce pollution and maximize use of freeways. We should retain the 24/7 carpool lane control." He may have a point.

To be fair, traffic patterns on some freeways may dispute Brown's statement even though opening the carpool lanes for single-occupant vehicles on SR-134 and I-210, even if only during off-peak hours, is very questionable. The Transit Coalition does not support opening up the carpool lanes to all road users in such a fashion. A better idea is allowing local Los Angeles officials, even if it be the local Caltrans district, to have the authority to manage the carpool occupancy requirements and enforcement periods on a corridor-by-corridor basis, since local users and traffic engineers are the ones most familiar with the traffic flow of these freeways, not Sacramento. We all remember what happened with the El Monte Busway. Some basic statewide regulations will be required, especially to prevent political abuse at the local level, but basic carpool lane management certainly should certainly be done locally. For what it's worth, Assemblymember Gatto does represent the region, where SR-134 and a small portion of I-210 pass through.

This is a debatable and complicated topic. That's why we cannot support AB 405 or any other similar proposal right off the bat. As mentioned, history shows the I-10 El Monte Busway cannot be managed from Sacramento; it has to be done in LA. Another issue: How many high occupancy vehicles are choosing to drive in the general purpose lanes and why so? What is the just and right thing to do in cases where an accident or emergency crews are blocking the general purpose lanes? It's time for some straight talk.

Allow local law enforcement and Caltrans to temporarily open carpool lane access during a road incident

Both of Riverside County's major local newspapers, Press Enterprise and the Union Tribune, supported opening carpool lanes outside of rush hours as fewer cars use the lanes during free-flow hours, but it was the UT that hit the nail on the head. Here's a valid point that the editorial made:

Example: Opening up a HOT lane system to allow all traffic to bypass blocked lanes caused by a brush fire 5 miles ahead. Vehicles would also be granted continuous access.

Most everyone in San Diego who commutes by freeway has no doubt encountered an accident or road work that clogs the regular lanes during the middle of the day or at night while the carpool lanes are practically vacant. The whole idea of carpool lanes is to encourage ride-sharing, but sometimes that just isn’t feasible.

And that's true. If there's a sigalert, traffic collision, construction, maintenance work, hazard, or any other acute road incident that is tying up traffic in the general purpose lanes, allowing law enforcement and Caltrans to temporarily open up the high occupancy vehicle lane to allow such traffic to pass through would absolutely be justified. This includes relaxing access restrictions by allowing drivers to cross over the double white/yellow lines. Digital freeway signs would announce such permissions.

The PE mentioned in its editorial that "letting the carpool lanes sit empty while drivers struggle with heavy traffic on the rest of the freeway does not cut pollution or ease congestion; it merely angers motorists." In the case of a road incident, that is absolutely true. State law should also allow such cases to be applied to high occupancy toll lanes including the 91 Express Lanes. Both Caltrans and law enforcement should have the authority to open dedicated lanes to allow traffic to pass through in these extraordinary circumstances which includes permitting vehicles to cross over the double white/yellow lines. There is no reason whatsoever to suggest otherwise.

Debate: Opening up HOV lanes during off-peak hours regularly

Outside of traffic incidents, the notion of opening up carpool lanes to all during off-peak hours is debatable. Therefore, The Transit Coalition does not support this notion. Debates and decisions should take place locally on a corridor-by-corridor basis with all political bias set aside and with professional engineers writing up formulas based on fact-based data to aid local leaders in managing such lanes. The same holds true of determining whether such facilities should allow for continuous access or have dedicated access points. There are some freeways that experience very few vehicles in the carpool lane outside of peak hours, but certainly not all. Generally speaking, policies need to ensure the carpool lane remains moving at all times outside of acute traffic incidents. A firm valid objection is creating a circumstance where opening up the carpool lane to all would fill it beyond capacity during off-peak hours with solo drivers. That could be a concern for freeways in the Los Angeles area where high occupancy vehicle travel demand is high. The facts, history and various traffic patterns on different freeways are overwhelming. Here are some examples:

I-10 El Monte Busway: The El Monte Busway is an 11 mile shared-use bus corridor and high occupancy toll lane running along I-10 between downtown Los Angeles and the El Monte Bus Station. It has a long history, but in 1999, a state bill lowered the carpool occupancy requirement from three occupants to two to take place on January 1, 2000. This was intended to be a 2 year experiment but it was cancelled after only 6 months in which it congested the busway. Local transit agencies opposed the state measure, demonstrating why local officials need some decision making power to manage their high occupancy vehicle lanes. Emergency state legislation was needed and passed in July 2000 to terminate the experiment during peak hours. Currently, 3's a carpool during rush hours in both directions, 2 at other times along the El Monte Busway. All carpools must also have a switchable FasTrak transponder to travel for free in the current HOT lane system.

91 Freeway into Orange County: As many are aware, the 91 Freeway into Orange County consistently reaches unpredictable "rush hour" states well beyond the traditional peak commute hours. Right off the bat, we can safely say that the freeway's general purpose lanes and the 2+ carpool lane through Corona start to slow shortly after the lunch hour on Friday's and is congested pretty much all day and through the evening on many weekends and holidays, especially in the eastbound direction. The freeway gets worse on hot days as people headed to coastal areas and the beach to cool off fill the 91, most have at least 2 people in the car. The 91 Express Lanes is a 24/7 transponder-mandated 3+ high occupancy toll lane facility. Given the high demands for high occupancy vehicle travel in the corridor to the point where even 2+ carpool lanes are insufficient during rush hours, hot summer days and weekends, the 3+ HOT/FasTrak lanes positively cannot be opened to all outside of traditional commute hours. That would be chaotic for the entire corridor. Probably the only feasible times to regularly open the 91 Express Lanes to all would be during the late night hours.

Proposed: SANDAG proposes high occupancy toll lanes along the I-15 through the Cajon Pass. This Caltrans photo shows the existing freeway at a free-flowing state during the middle of a weekday. Opening the HOT lanes to all for free is certainly debatable and questionable. How many of the cars passing through do you think are high occupancy vehicles?

Inland Empire Freeways where the carpool lane may look empty: These freeway segments are typically at a free flowing state during the middle of the day and weekends. Therefore, the carpool lane may often look empty:

• SR-60 Carpool lanes between Moreno Valley and the Badlands hills
• Proposed I-215 Carpool lanes between Moreno Valley and Perris
• Proposed I-15 Carpool lanes between Murrieta and Lake Elsinore
• Proposed I-15 High Occupancy Toll Lanes through the Cajon Pass
• Proposed I-15 High Occupancy Toll Lanes between Temecula and Escondido

Opening the carpool lane to all along these freeways is certainly debatable under the current demographics and traffic patterns. It's a bit more complex than it looks. There are valid questions and arguments for both and against. The Transit Coalition will thus not necessarily support such a move due to these complexities.

Here's an interesting reality of such free-flowing freeways. Some HOV's won't even bother to weave across the freeway lanes to use the carpool lane during free-flow hours simply because there is no need to. That of course drives down the number of vehicles in the lane. Whenever an extraordinary circumstance such as an accident comes up unannounced, more folks including carpools are stuck in the regular lanes, especially if the carpool lane has restricted access points. This creates the problem of empty carpool lanes and congested general purpose lanes. One solution, as mentioned, is to allow law enforcement and Caltrans to temporarily open the carpool lane to all during extraordinary circumstances and to permit vehicles to cross over the double lines if there are restrictions.

Long term solutions would include finding ways to integrate the lanes better with dense activity centers. This would include the development of direct access ramps and transit infrastructure. HOV's may therefore be inclined to take the carpool lane during off-peak hours.

I-215 Carpool Lanes under construction between Riverside and San Bernardino: The mainline is heavily used all throughout the day, and the two county seats move many people all day long with the presence of an all day Omnitrans express bus route. Should the private sector invest in the city centers, high occupancy vehicle demand may be high enough where night owl transit service may be feasible. The carpool lane should therefore remain 24/7 with long term plans to link the lane directly to the transit centers.

I-215 Carpool Lanes between Riverside and Moreno Valley: This segment of the I-215 is consistently high in volume due to the merge of SR-60 from Moreno Valley and I-215 from Perris. Carpool demands are consistently high. A recent Coalition field study through this area showed the eastbound 2+ carpool lane between Riverside and Moreno Valley filled to near capacity on a Friday night at 9 PM as the general purpose lanes were heavy, well past the traditional rush hour. With the growth of logistics jobs in the area, this corridor certainly should maintain its 24/7 enforcement with long term plans for a dual HOV express lane system with bus transit infrastructure and upgraded corridor-based passenger rail service. More on that at later time.

Other freeway corridors with regular slowing in the general purpose lanes outside of rush hour: The long term solution needs to be exploring additional high occupancy vehicle travel options. This includes improving mass transit services and carpool marketing outside the traditional commute hour.

The carpool lane system through Interstate 10 in Ontario certainly should remain at 24/7 operations. This midday Caltrans photo shows the freeway and the carpool lane at a heavy, but stable state. Seven high occupancy vehicles are pictured in the carpool lane. There may be more in the general purpose lanes.

Due to these variants, changes such as carpool lane enforcement periods and occupancy requirements should be based upon fact-based traffic patterns and freeway segment data put together by local engineers working under the local Caltrans district or the local transportation agency such as the Riverside County Transportation Commission. The results certainly should be brought up for robust debate in managing carpool lanes and ensuring they are moving always. Infrastructure should be designed in ways that high occupancy vehicles would be inclined to use the dedicated lanes. Any statewide laws and formulas involving carpool lanes should be based on sound traffic engineering studies, not ideology.

What about AB 405?

How do the SR-134 and I-210 freeways in Los Angeles County fit into this category in relationship with the vetoed bill? Would AB 405 work specifically for these corridors? We'll let the experts working in Burbank, Glendale and Pasadena make that judgement. If engineers conclude that these freeways have a high volume of high occupancy vehicles traveling in the general purpose lanes, keep the carpool lane open 24/7 and find ways to integrate the lanes better with direct access ramps and transit infrastructure. The greater Los Angeles area has very high occupancy vehicle travel rates as demonstrated by transit routes with high ridership figures, especially along the El Monte Busway.

Transportation Tips: Take Charge of Your Commute

This week, we're going to echo a few wise words that both the Riverside County Transportation Commission and San Bernardino Associated Governments have long advocated for:

Rideshare

October has traditionally been the month where local transportation agencies market ridesharing to area commuters to cut down on traffic congestion. Getting yourself into a carpool is not easy and takes some time and firm commitments. Be willing to sacrifice a few hours to learn what your commute options are. Stop making excuses and take charge of your drive, even if it's just one day per week. Ridesharing involves heading to work or your destination using any means except driving solo in a car. Your fuel bill will be significantly cut. Form a carpool and hop into the carpool lane for free including the I-15 Express Lanes in San Diego County. Team up with 3 or more and enjoy huge toll discounts aboard the 91 Express Lanes with any FasTrak account including toll free travel in the westbound lanes. Explore your RTA, Omnitrans, and Metrolink options and see if the bus or train fits into your work schedule. Check out the guaranteed ride home programs that are offered. Even if your route is totally car-centric, see if the park-and-walk model works for you by parking offsite and walking the last 1/4 to 1/2 mile of the trip.

And it's not just going work. If you're headed to a social function, a meeting, company convention, or anything else, see if anybody else living in your area is headed to the same event and organize a casual carpool. By choosing to rideshare, you can reduce traffic congestion. For everyday commuters, RCTC and SANBAG have set up this system through the IE511 commuter website:

Step 1: Find out how much ridesharing can save you.
Use the calculator on this page and see how much money you can save.

Step 2: Find a carpool or vanpool.
IE 511 Commuter Services can help you find a carpool or vanpool arrangement that matches your route and schedule. Also get information about Carpool Lanes and Park and Ride lots to streamline your commute.

Step 3: See if you are eligible for any commuter incentives.
Want a tax break? IE 511Commuter Incentives to try ridesharing are available to employees at participating employers. You could be eligible for a $2/day incentive, a $400 a month ongoing vanpool subsidy, an incentive to start a vanpool, and the Rideshare Plus Rewards Program that offers coupons for dining and shopping discounts if you are already ridesharing. Just call 1-866-RIDESHARE (1-866-743-3742) for more information.

In addition to the 511 service, check out the vast ridesharing options all throughout the marketplace. You may be surprised to learn what you're options may be.

Temecula Valley's I-15 Freeway upgrades, rapid transit and the Ultimate Interchange

Proposed: New interchange design at the I-15 Freeway
and Temecula Parkway.

Concept: Direct access ramp linking conceptual dual 2+ carpool lanes with a FasTrak toll option for solo drivers in the area of the I-15 Freeway and Temecula Parkway. The DAR links the express lanes with a conceptual transit station to the west and an officially proposed park & ride to the east.

Drivers and transit riders who regularly pass through Temecula along the southbound side of the I-15 freeway are well aware of long off ramp traffic queues which often spill over onto the freeway at the city's three exits: Winchester Road, Rancho California Road, and Temecula Parkway.

The Temecula Parkway exit is by far the most hazardous as the off ramp lacks an auxiliary lane which causes the long lines to back up into the far right general purpose lane. Sometimes the backup spans a whole mile. With a curve along the freeway just a half mile north of the offramp, the hazard is serious. Traffic in the far right lane cruising along at 70 mph will often, without warning, see the lane come to a dead halt, leaving drivers little time to react. The area has been the site of numerous traffic collisions. The hazard has also created a minor traffic bottleneck.

The City of Temecula has moved one step closer toward breaking ground on restructuring this congested and hazardous freeway interchange located on the southern end of town, a project long overdue. According to the city, construction would require the relocation of utility, water and sewer lines through an existing Arco gas station. The city therefore negotiated a purchase of the property for $5 million. The city also reported that this construction is dubbed "ultimate" with the expectation that this will be the final interchange upgrade and the new configuration is expected to be able to handle growing traffic volumes until 2030. The project also includes re-striping Temecula Parkway to four lanes in each direction between the freeway and Pechanga Parkway.

Concept: An extension of Bedford Court from Temecula Parkway serves as a direct access ramp to potential high occupancy toll lanes along the I-15 through Temecula. Numerous casino buses and future public express buses would utilize it. A transit station on the opposite side of the freeway would cater to connecting RTA buses and potential local high speed rail toward Los Angeles to the north and San Diego to the south. A gateway into the Santa Margarita Ecological Reserve would also support the transit station and serve as a tourist stop.

We believe this area, let alone the freeway itself, will be seeing more projects to come. Therefore, upgrades are far from over. Pictured here, the Coalition is exploring the possibility of an additional interchange add-on at Temecula Parkway that would cater to high occupancy vehicle traffic, carpools, vanpools, future express buses, casino buses headed to the Pechanga Resort, and solo motorists willing to tax themselves into a carpool lane.

Concept: Dual 2+ Carpool lanes with a FasTrak toll option for solo drivers with the existing 4 general purpose lanes along the I-15 Freeway through Temecula.

With major high density development proposals planned along the western side of the freeway through Temecula, the freeway could very well use a set of dual high occupancy 2+ carpool lanes in each direction with express bus infrastructure which would seamlessly connect San Diego County's I-15 Express Lanes system to the south with the the proposed Riverside County Transportation Commission I-15 high occupancy tolled express lane network to the north. The conceptual Temecula-to-Elsinore HOV 2+ segment would also include direct access ramps to future transit stations near the Promenade Mall area, the Golden Triangle area or other selected spot for the RTA Twin Cities Transit Center, downtown Wildomar, and downtown Lake Elsinore. The lanes would also permit solo drivers to buy their way in by paying a toll with their FasTrak transponder. As we have been campaigning and as demonstrated by San Diego's system, all 2+ HOV's would travel free without a need to preregister for a transponder.

As much as officials want to designate the Temecula Parkway interchange upgrade as "ultimate," it certainly will not be the area's final infrastructure upgrade to come, especially with the projected growth in Temecula's west side.

Detecting defective FasTraks along HOT lanes that support free non-transponder carpooling

The Transit Coalition ran across an excellent question about the We want toll lanes done right campaign, a project where we're advocating for free non-transponder carpooling for the 91 Express Lanes and along proposed Inland Empire high occupancy toll lanes for I-15 and I-10. The question deals with defective FasTrak transponders along tolled express lanes that support free non-transponder carpooling. What would happen if a solo driver wants to buy his/her way into a HOT lane system that supports free non-transponder carpooling, follows the rules of mounting a FasTrak transponder on the windshield, but unknowingly has a defective transponder that won't get read by the overhead toll antennas?

That's a great question, and on the surface it might appear to be a red flag toward supporting free non-transponder carpooling in the toll lane network. In HOT lane corridors that mandate transponders for carpoolers like the 91 Express Lanes and LA's Metro ExpressLanes, photo enforcement systems ensure that tolls are collected for any vehicles that pass through with a defective FasTrak. Cameras take the picture of the license plate of any vehicle that does not have a transponder. If the license plate happened to belong to a preregistered vehicle, the toll amount is automatically deducted from the patron's account; otherwise, the vehicle owner will get a toll payment violation notice in the mail.

Addressing the issue of defective FasTrak transponders in HOT Lanes

For HOT lane systems that support free non-transponder carpooling like San Diego County and Bay Area corridors, if the toll antennas don't detect a working FasTrak, the system assumes that the vehicle is a free carpool. So, that leaves an issue of solo drivers who follow the rules of the road but are not paying the toll.

There are three ways address this, each using intelligence driven enforcement methods. First, prevention measures would include the regular rotation of FasTrak transponders and proper maintenance of the toll antennas.

Secondly, the overhead toll antennas combined with other traffic cameras along the corridor could be set up in a way to visually detect defective transponders. If one is found, the license plate number would be photographed and agency staff would review the case in confidence. If necessary, the account holder would be asked to exchange the FasTrak transponders for no additional charge.

Lastly, the CHP would visually check for the presence of a transponder for non-carpoolers combined with using remote mobile transponder readers to check for its functionality and account status. If a FasTrak is properly mounted, but not functional, the officer would pull the motorist over and validate the FasTrak account using the transponder's ID number. If a valid toll account from any FasTrak agency is found, the account is simply billed by the officer, data collected from traffic cameras would determine the toll amount, and the account holder would be asked to replace the defective tag. The driver is then free to go. If the FasTrak is not linked to any valid account, the driver is issued a carpool violation ticket. Any counterfeit, altered or fake transponders would also be confiscated and used as evidence toward the carpool violation ticket. Those are ways to solve this problem without having to mandate transponder accounts for toll free carpools.

Separating the toll traffic from carpools near the toll antennas

The I-25 HOT lane system in Denver which supports free non-transponder carpooling separates the toll traffic from free carpoolers at the overhead toll antennas. Toll paying solo drivers who drive in the tolled lane and pass through without a working EXpressToll transponder will have their license plate photographed with a bill sent in the mail. The separated HOV lane is a dedicated carpool lane; solo drivers caught in the lane will have a chat with law enforcement.

This method of enforcement works with Denver and could also work with the Inland Empire's HOT lane system. The challenge is predicting and keeping track of the number carpools and toll paying traffic to determine if additional lanes need to built to prevent bottlenecking and control lane weaving.

Are Atlanta's Interstate 85 Toll Lanes really Lexus Lanes?

A new report has given a high occupancy toll lane system in Atlanta a possible "Lexus Lane" label, a term used to show that highway toll lanes are just for the wealthy. Here in Southern California, numerous public agencies have conducted studies on HOT lanes and their results seriously question this notion. So does Atlanta really have Lexus Lanes? Here's an analysis.

Analysis of the study A Highway for All?

The Southern Environmental Law Center (SELC), an Atlanta-based regional nonprofit organization engaged in environmental advocacy, including promoting more sustainable transportation policies, compiled the report A Highway for All? It suggests that the I-85 Express Lanes primarily caters to wealthy drivers and thus contributes toward income inequality. The high occupancy toll lane system mandates a Peach Pass transponder for all vehicles and has a carpool requirement of 3 or more for free travel. It spans 16 miles on the northern end of Atlanta from Old Peachtree Road to Chamblee Tucker Road.

The report starts off describing the presence of other HOT lane systems throughout the country, the state's plans to expand the toll lane network to other Atlanta freeways, and then it jumps into the debate regarding income demographics:

Three general approaches have been used to assess the equity impacts of managed lanes. The first and most common approach uses driver opinion and willingness-to-pay surveys to discern whether low-income drivers have different opinions of managed lanes than higher-income drivers. The second approach examines whether low-income drivers enroll in the managed lane tolling program or obtain toll transponders at differing rates than higher-income drivers. The third and least common approach examines actual data to determine whether managed lane use changes with income level. As a whole, these studies find that drivers of all income groups share similar opinions of the lanes, enroll in the tolling programs at comparable rates, and on occasion use the lanes. However, the studies of actual use data find that low-income drivers use managed lanes less frequently than their higher-income counterparts.

San Diego County I-15 Express Lanes with
free non-transponder 2+ carpooling

And that last point is true. Most agencies concur that many toll-paying HOT lane patrons don't use the lanes every day, but at times when they need a fast travel option. For instance, we at A Better Inland Empire have a standard FasTrak transponder and use the high occupancy toll lane systems along both the SR-91 into Orange County and the I-15 in San Diego County when traveling to/from those areas, but certainly not on a daily basis. Many of our trips are also toll free carpool trips. We'll get to that in a moment. Regarding the surveys, we'll have to search for and take a look at the specific questions asked and where the surveys were sent out before making a judgement. The fact also remains that there are significant groups of people who are willing to buy their way into a carpool lane to bypass traffic.

Not surprisingly, Georgia state officials disagree with A Highway for All? The State Road and Tollway Authority told WSB-TV News, "With respect to the top ZIP codes, the report shows that the people most likely to use the lanes are those who live near the top end of the corridor. When you compare the top five median income ZIP codes map to the top five highest-use ZIP codes map, only two of the ZIP codes overlap." That's true. According to the report, here are the top five Atlanta ZIP codes that use the toll lanes: 30019, 30024, 30043, 30519, and 30548. Those areas anchor the northern endpoint area of the toll lanes. Factor in households making more than $80,000 per year and that leaves 30019 and 30024. By the way, that's household income, not individuals. The possibility of multiple workers living under a single roof has not been ruled out. Then, we have the carpool factor.

Carpools with Peach Pass toll transponder travel free

We'll keep this short. Carpools 3 or more with a Peach Pass transponder can travel in the I-85 Express Lanes free. Do we have any specific information on what percentages of the top five ZIP codes are toll free carpoolers? That remains unanswered. To be fair, when an agency mandates a toll transponder for free carpoolers, the free carpool-to-toll ratio generally leans more toward more toll-paying traffic as the extra capacity left behind by displaced non-registered carpoolers is sold to toll paying traffic.

Some points that A Highway for All and we recommend to officials...

The report does make two valid recommendations of fixing this toll lane system. Let's take a look.

Maximize Carpool Access: Before they were converted into HOT lanes, the managed lanes on I-85 were operated as carpool lanes. As part of this conversion, the occupancy requirement for high-occupancy vehicles was raised from two-persons to three. This change deters the formation of carpools and makes it more difficult for lower-income drivers to utilize the lanes via the untolled carpool option. Future toll lane proposals in the metro Atlanta region contemplate eliminating the high-occupancy option altogether. Allowing two-person carpools to utilize the region’s managed lanes is sound policy both from an equity and a transportation performance perspective.

Concept: 91 Express Lanes with free
non-transponder 3+ carpooling

While the 2+ occupancy requirement could be questioned if local carpool lanes are congested, adopting free non-transponder 3+ carpooling during peak congestion and 2+ carpooling at other times would be sound and fair policy as The Transit Coalition has been advocating.

We do understand that changing a congested carpool lane's occupancy requirement from 2 to 3 will be somewhat chaotic as 2-person carpools would be displaced, but implementing a strong marketing campaign to form 3+ carpools, vanpools, and upgrading express transit services prior to implementation would offset much of that. Such a campaign to form 3+ carpools would have to include abolishing the mandate to register for a toll transponder.

While we're on that topic, proposals of placing mandatory tolls and transponder mandates on carpoolers is irresponsible; that will drive HOV's out of the express lanes and lure more toll-paying non-HOV's into the lanes. In addition, long term planning should include doubling the HOT lane capacity with two express lanes in each direction which could make free non-transponder 2+ carpooling a feasible option with strict land use controls to combat urban sprawl in the outer regions and direct access ramps to adjacent park & ride lots and transit stations for HOV's. Speaking of that...

Use Toll Revenue to Fund Parallel Transit Service: Transit vehicles use managed lanes free of charge, and managed lane supporters argue that low-income commuters can benefit from these projects by using transit. However, this argument assumes the existence and sufficiency of transit service in the managed lane corridor. Using a portion of toll revenues from the managed lanes to fund transit service in the corridor ensures that this untolled option exists. A number of states have adopted laws requiring toll lane revenues to be flexed to support parallel transit service as mitigation strategy, and Georgia should do the same.

While the income argument is certainly debatable, having bus infrastructure and all day express transit services in place is certainly a desirable option. Do you ever wonder why we advocate for bus transit infrastructure on proposed high occupancy toll lanes with services from early morning to late night?

Lexus Lanes?

Is the I-85 Express Lanes, let alone HOT lanes in general A Highway for All? Based on the facts, the I-85 Lexus Lanes are not just for the rich. However if agencies in Atlanta together with LA Metro, OCTA and RCTC want to move more people in its express lanes than cars, the mandatory tolls for HOV's and the transponder mandate needs to be dropped. We want toll lanes done right.

Getting around the excuse-making with the 91 Express Lanes extension

Getting the 91 freeway corridor moving between the Inland Empire and Orange County has been a challenge for the last two decades. The Riverside County Transportation Commission is set to break ground next year on upgrading the corridor through Corona by expanding express bus services, adding a general purpose lane, and extending the 91 Express Lanes through Corona. RCTC illustrates the layout of the proposals which we believe don't go far enough despite the fact that Riverside County taxpayers are going into massive debt to pay for such upgrades combined with Californians paying some of the highest taxes in the nation. The Transit Coalition's future vision of the congested corridor is very similar, but mimics the existing I-15 Express Lane facility in San Diego county with the exception that the center median will be fixed--not movable--and that the occupancy requirement for carpool is 3+ instead of 2+.

The vision includes additional intermediate access points and direct access ramps to adjacent transit centers and park & ride lots which would provide express bus transit infrastructure and speed up travel times for existing and future bus routes and private carpools. The vision also includes expanded Metrolink and potential reinstated high speed intercity passenger rail service provided by BNSF or another operator.

The Coalition's 91 Future Vision appears to conflict with analyses conducted by RCTC and the Orange County Transportation Authority in regards to opposing mandatory tolls for 3+ carpools during the PM rush hour and supporting intermediate access points. According to the agencies, if the corridor supported free non-transponder 3+ carpooling 24/7 and had additional intermediate access points, traffic congestion in the HOT lanes would result, thus defeating the purpose of the HOT lanes. That notion is questionable. Time for some straight talk on these points to weed out the excuses from the facts:

Free 3+ Carpooling vs. 50% tolls during the afternoon rush hour:

In May, 2003, shortly after OCTA acquired the 91 Express Lanes for $207 million, the agency allowed 3+ high occupancy vehicles with a FasTrak transponder to travel free in the HOT lanes except during the PM rush hour where tolls are 50%. The 4-6PM eastbound toll was included because traffic studies at that time show the lanes operating at or near capacity. OCTA officials therefore concluded that the additional traffic generated by free 3+ carpooling would have congested the lanes.

To be fair to OCTA, high occupancy toll lanes were in their adolecent years back in 2003. The agency simply did not have the data that The Transit Coalition now has in regards to alternative solutions to prevent peak-hour congestion in the HOT lanes. We cannot fault OCTA on this; however there is enough data now to support the change. As mentioned before, the 91 corridor has such a high demand for carpooling that the occupancy requirement for carpool should be maintained at 3+ for now; it could be lowered to 2+ during off-peak hours once future infrastructure and additional lanes are built out.

Opening the 91 Express Lanes to additional 3+ carpoolers will bring these additional HOV's into the Express Lanes, no question. To prevent congestion, some of the toll-paying non-carpoolers will need to use the general purpose lanes. As other HOT facilities have shown throughout the nation, that can be acheived two ways:

• Designate the HOT lanes for toll-free travel for 3+ carpools while raising the tolls on other traffic further as traffic volume along the corridor increases. This will keep the toll revenue neutral while providing a greater disincentive to driving alone.  
• 3+ Carpools only - Should the HOT express lanes reach capacity, dynamic regulatory signs would permit only high occupancy vehicles to enter the facilities until capacity opens up for toll-paying traffic. FasTrak traffic already in the lanes would be permitted to complete their trips.

Of course, adopting free non-transponder 3+ carpooling for the 91 Express Lanes will significantly reduce agency toll revenue since more free carpoolers are traveling than toll-paying traffic, but as mentioned before, under no circumstances should high occupancy toll lanes be used as cash fountains. Ongoing displacement of state transportation tax money needs to stop, those resources need to be returned to our local agencies to fund transportation infrastructure, and such resources need to pay down the debt for the 91 Express Lanes and the extension into Riverside County. Once that happens, our local agencies will have no excuse to toll carpoolers in the high occupancy lane.

Intermediate Access Points/Direct Access Ramps:

Upon completion on the extension, 91 Express Lanes access points will be provided at these locations:

• Western Terminal: SR-55 and SR-91 Interchange
• Intermediate: On the 91, west of the Green River Road Interchange for drivers heading in either direction
• Eastern Terminal: I-15 and SR-91 with a direct access ramp with the I-15 to/from the south.

RCTC analyzed additional intermediate access points in Corona through an engineering study and did not adopt the proposed entry/exit points. The design variation 2 plans of a direct access ramp at Smith Avenue in Corona are also not part of the project. Traffic weaving and congestion were cited as concerns. As mentioned before, there is a solution around this which was not taken into consideration: Whenever the express lanes are too congested for additional traffic at the intermediate points or direct access ramps, signs would only permit 3+ HOV traffic to enter or tolls would simply be higher for non-HOV's. This has been demonstrated before elsewhere and the public cannot accept this as an excuse to not link the Corona Transit Center with the 91 Express Lanes.

Moving more people in the 91 Express Lanes:

We must make this point clear once more: High occupancy toll lanes need to be designed in ways to move more people, not cars. The potential consequences of mandating 3+ carpoolers to pre-register for a FasTrak and pay rush hour tolls have been the subject of much debate. These consequences include:

• Many carpoolers reverting back to SOVs or sitting in traffic in the general purpose lanes as demonstrated in LA and Atlanta.
• New solo vehicles being attracted to the corridor as a result of the additional capacity.
• All general purpose lanes, including any newly added ones, becoming congested while eliminating a free-flowing alternative to those who choose to carpool with 3 or more but do not have a toll transponder.

This is why the state needs to get its act together and stop mispending our transportation dollars. This is why high occupancy toll lanes need free non-transponder carpooling. It's time for both the public and our local agencies to stop the excuse-making and hold the state accountable for funding our infrastructure projects which includes a robust SR-91 transit corridor.

Citizens' jump start on feasibility studies

You may have heard the phrase "You can't ride a study" before. However, whenever a public agency pours money into conducting such research, the results often provide critical planning data for The Transit Coalition and the public. We look at such research, ensure any political spin is out, and use this information toward our positions. More often than not, these research-and-development projects come with a high price tag which can creep into the six figure mark.

As transit studies are vital to us, public entities and regulators need to realize that highly useful fact-based transportation data is already available to support such government transportation research. They just need to spend some time to certify existing published facts and common knowledge for contractors tasked to do studies. Reducing redundancy can save taxpayers thousands of dollars per study as the focus would be spotting and addressing red flags on the original ideas. 

Las Vegas Intercity Corridor - Transit Station "Feasbility Study"

Let's suppose an agency needs to research possible intercity transit stops in and out of Las Vegas. Here's a clever piece of data that's out there in cyberspace: A combination of recent time lapse videos showing a transcontinential drive from LAX to Orlando through Las Vegas.

Yes, you heard that right. Courtesy of a YouTube user, we have a cross country time lapse of video imagery of from cost to coast, through Las Vegas, available to watch:

• LAX-Las Vegas Segment
• Las Vegas-Orlando Segment

 A video-savvy researcher can take a look at the video and adjust its playback speed to match real time travel speeds. There it is. Some useful ideas of where to place station stops and rest areas would be available on the spot. The actual government study can then focus on the specifics and finding issues.

As mentioned before, government agencies should review the massive library of current and recent data that is out there to be researched and used for intelligence-driven studies. Agencies should have the power to be able to certify relevant facts and current common knowledge for transportation planning so it doesn't have to be researched a second time all in the name of legal fine print. Even a few hours worth of research at hand can improve research productivity and save big bucks in taxpayer money on studies.

"Feasibility Study" for dual high occupancy carpool/toll lanes on I-15

Want another example? Let's look at the possibility of extending San Diego County's robust and award-winning I-15 Express Lane facility all the way to Victorville. San Diego County is exploring the Escondido-Temecula segment, Riverside County has looked at the segment between Lake Elsinore to Ontario, and San Bernardino County has been studying Ontario-Victorville link since 2008. With the obvious fact of Temecula's big plans to redevelop its western side of the of the city, why not close the Temecula-Lake Elsinore gap? Here's another time lapse of the I-15 between San Diego and Vegas. Could you draw any suggestions of where the direct access ramps to existing transit stations should go? How about the intermediate access points?

Having a set of two high occupancy express lanes in each direction where 2+ or 3+ carpools can travel for free without a transponder and solo drivers have the option to buy their way into the carpool lane works. Link the lanes with direct access ramps for seamless connections to transit centers and park & ride lots. Offer a fast and friendly rapid express bus network with timed connections with the local routes to get up and down the corridor quickly. There's plenty of data out there to build up an impartial case that would support such an expansion. Conducting a real feasibility study for such a robust facility would involve checking for red flags on the initial ideas conceived and providing fact-based solutions to those problems.

Can the 91 Express Lanes support 2+ carpooling instead of 3+?

The short answer is: Not quite.



Transit Coalition Community Engagement Director Nicholas Ventrone has continued to solicit public opinion and feedback regarding the campaign We Want Toll Lanes Done Right, which advocates for free non-transponder carpooling on Southland high occupancy toll lanes. Many support the Coalition's position. Carpoolers especially like it. Non-HOV's who are willing to buy their way out of traffic and frequently use the 91 Express Lanes also support maintaining FasTrak as an option. Therefore, HOT lanes which support free non-transponder carpooling continue to gain steam.

However there were some commuters who questioned the 3+ occupancy requirement for carpools using the 91 Express Lanes instead of a typical 2+ HOV. Currently, the 91 Express Lanes defines 3 persons as a carpool, and all vehicles using the 91 HOT lanes must have a FasTrak transponder. The Coalition aims to abolish the FasTrak mandate and all tolls for carpoolers to encourage 3+ carpooling. Pictures such as this one show concepts of the Express Lanes with a 3+ HOV or FasTrak usage policy.

So the question is: Can the 91 support dual high occupancy toll lanes in each direction with a 2+ occupancy requirement instead of three. Short answer is: Not quite. With all politics and bureaucratic red tape set aside, here are the facts:

• Much like Interstate 10 east of Los Angeles, the 91 corridor through Anaheim Hills has more carpool demand than a single 2+ HOV lane can supply at most times during the day. The HOV lane through Corona is consistently congested in both directions.
• What about 2 sets of HOV 2+ or FasTrak lanes? Currently, where the eastbound 91 Express Lanes becomes a single 2+ HOV lane near Highway 71, there is a mile long buffer with two lanes dedicated to 2+ HOV's or FasTrak traffic (set of 2 carpool lanes, FasTrak ok). These lanes are consistently high in volume, but to be fair, they sustain acceptable speeds most of the time.
• The 91 experiences surges in traffic congestion during the weekends and holidays. Most through-travelers are 2+ HOV's.
• Other corridors like the I-10 east of LA and the Oakland Bay Bridge which have such high demands for 2+ carpools without the infrastructure to support it also have the increased occupancy requirement for carpool as 3+.
• With an overwhelmingly high HOV market demand in the area shown by the congested carpool lanes and filled park & ride lots, the focus may already be incentives to convert 2-person HOV's into 3+ HOV's.

To be fair, the 3+ occupancy requirement on the 91 could be lowered to 2+ during off-peak hours once future infrastructure and additional lanes are built, but it is far too early to support such a change. Therefore, the 91 through Anaheim Hills between the 55 and I-15 Freeways would fare better with 3+ HOV's for its HOT lanes until additional data can be collected from the new infrastructure.

Speaking of HOV 2+ lanes, Caltrans has also concluded that much of Orange County's carpool lanes are congested during peak congestion times, which could signal the need to increase the carpool occupancy requirement to three during peak hours to get the lanes moving again. Also up for discussion are converting the HOV 2+ lanes into HOT 3+ lanes. If the latter, officials must not impose a mandatory transponder requirement for usage; otherwise the county risks seeing a decline in HOV usage.

Keeping the Carpool Incentives

(3/5/13) – IE Transit Talking Points Short

USA Today interviewed Jim Bak of INRIX, a traffic congestion tracking firm based in Washington. Bak stated, “Drivers (in the Inland Empire) have a lot of incentive to carpool.” He is correct, to an extent. With the 91 Freeway ranked the 10th worst freeway in the country, demands to rideshare and use high occupancy lanes to bypass traffic congestion is high. 16% of all commuter traffic in San Bernardino County alone are HOV’s according to the US Census Bureau.

So with an overwhelmingly high HOV market demand in the area shown by congested freeway carpool lanes and filled park & ride lots, the focus may be incentives to convert 2-person HOV's into 3+ HOV's. Why then are 3+ HOV’s mandated to use a FasTrak transponder to use the 91 Express Lanes into Orange County and pay tolls during the PM rush hour in the peak direction? Why are these lanes carrying more toll-paying non-HOV’s than 3+ HOV’s? It’s clear that there are legit 3+ HOV’s being displaced from Orange County’s high occupancy toll lanes with the extra capacity being sold to non-HOV’s. It seems like incentives to carpool with 3 persons or more drop when such HOV’s are strapped with ill-advised usage policies in a publicly owned high occupancy toll lane corridor. “Nanny lanes” anyone?

New HOV Lanes and Omnitrans Route 215

(2/26/13) – IE Transit Talking Points Short

Transportation officials have begun the construction of an HOV lane on a 7 ½ mile stretch of the I-215 Freeway between San Bernardino and Riverside. The new lane is expected to be completed later in the summer. Omnitrans should expect improved productivity for the existing express bus Route 215 which runs through the corridor linking the two downtown areas. Private sector buses headed through the corridor can expect better efficiency with the presence of the HOV lane. Let’s get those bus routes into the HOV lane and get them moving.

Why High Occupancy Vehicles are losing freedom with Toll Lanes

Transportation agencies need to put aside the "Nanny Lane" politics for high occupancy toll lanes.


Concept: What an entry point for the 91 Express Lanes would look like if the corridor permitted free non-transponder 3+ HOV's -or- FasTrak.

High occupancy vehicle travel remains a highly popular travel option for many, but incentives to freely rideshare on southland freeways are weakening. Legit HOV's consist of not only commuter carpools which make up approximately 10% of all commuter trips, but also private charter buses, airport shuttles, casino coaches, the Greyhound bus, taxis, caravans, motorcycles, and yes, family trips. Private HOV's contribute toward a robust multi-modal transportation system, but presently, incentives to travel in an HOV are in decline.

Los Angeles Metro's high occupancy toll lanes along the I-110 freeway corridor through South LA accomplished two things: It allowed solo-occupancy vehicles to pay a toll with a FasTrak transponder to access the underutilized $1 billion I-110 Harbor Transitway corridor. New rapid express buses were also brought in to serve the corridor. However, there is little else that shows that the toll lanes have contributed toward getting Southern California moving, and the majority of I-110 commuters know it.

As The Transit Coalition predicted, traffic in the I-110 general purpose lanes has worsened since the November, 2012 carpool-to-ExpressLane lane conversion three months ago, thus repeating the same disaster that occurred in 2011 in Atlanta. Video rants posted to YouTube and toll lane opposition Facebook pages have surfaced on the Internet.

That's because all of the non FasTrak-registered HOV's were displaced from the former 2+ carpool lanes; all vehicles including HOV's are now mandated to have a FasTrak transponder to use the facility. To make matters worse, HOV's with a non-switchable standard FasTrak, which is issued by other public entities all over the state, can only use the LA Metro ExpressLanes as a toll patron.

Let's restate that: There's no way to optimize HOV usage in the ExpressLanes to its fullest potential with the current usage policy, no way. To be fair, Metro predicts that the increased congestion will phase out as more people preregister and ridership on the Metro Silver Line builds up, but The Transit Coalition has objected to such preregistration mandates for HOV's which clearly result in a reduction of HOV traffic instead of single occupancy vehicles. It is a confirmed fact that when HOT lane usage policies mandate transponder registration for HOV's, ridesharing and carpooling is discouraged; solo commuting encouraged.

The very popular 3+ carpool lane along Interstate 10 between LA and El Monte will undergo the same conversion on February 23, and Metro is now proposing additional ExpressLanes through the Newhall Pass on Interstate 5. The Riverside County Transportation Commission also continues on its plans toextend the 91 Express Lanes east into Corona which will include a carpool lane conversion and potential HOT lanes for I-15. Speaking of the I-15 HOT lanes, the Riverside County Transportation Commission scaled back the southernmost segment of the corridor to cut its cost in half, but the shortened project will most likely exacerbate a major southbound bottleneck south of Corona if nothing else is done further south. To be fair, RCTC's proposals include constructing additional lanes to address any worsened congestion impacts, but how do our public agencies think HOV usage is going to flourish if they continue to put pre-registration barriers on such traffic?

The riding public knows that governments cannot expand HOV usage in a corridor by strangling it with regulations that drives non-registered carpools back into traffic-choked general purpose lanes. High occupancy toll lanes can be truly "high occupancy" with free non-transponder carpooling or not, and it seems both Metro and RCTC are saying not. Public agencies need to get back to helping HOV's expand and set aside the "Nanny Lane" politics because serious worsened congestion has already occurred along the I-110 and LA's commuters know it.

How Tolled Express Lanes can properly 'redistribute traffic'

(1/29/13) – IE Transit Talking Points Short

Los Angeles County Supervisor and LA Metro board member Mark Ridley-Thomas stated that the I-10 carpool lane set to be converted into the Metro ExpressLanes on February 23 will benefit the freeway corridor through LA County, saying, “When solo drivers begin to travel on the ExpressLanes along the San Bernardino Freeway, all commuters will benefit—whether they pay a toll or not—because the ExpressLanes will redistribute traffic across all lanes of the freeway.” 

Ridley-Thomas’ statement would be true if the ExpressLanes supported free non-transponder carpooling. The notion is almost undebatable. Since the conversion of the carpool lanes to Metro ExpressLanes through South LA, traffic in the I-110 general purpose lanes has worsened according to many commuters all because of the FasTrak transponder mandate for carpools and other high occupancy vehicles. Many legit HOV’s such as private buses simply migrated back to the general purpose lanes in lieu of registering for valid economic reasons. The same worsened congestion occurred in Atlanta when the carpool lane was converted to a transponder-only HOT lane along the I-85 corridor. Likewise, the new I-495 Express Lanes through Virginia were lightly used as well; although to be fair, the I-495 HOT lanes did not involve a carpool lane conversion which therefore didn't cause worsened traffic in the main freeway lanes.

In contrast, back in 1996 when the I-15 reversible carpool lane in San Diego County was converted to a HOT facility that maintained non-transponder carpooling, traffic improved for the whole corridor since the existing HOV traffic was never displaced by ill-advised usage policies. There’s no denying the facts. Southern California toll lanes need free non-transponder carpooling if traffic is to be properly redistributed as Ridley-Thomas envisions.

Carpools 2 or more only - Corporations OK?

The California Vehicle Code should specifically state that a vehicle occupant for carpool is a born, bodily, living human being.

Once again, loopholes in written law are being exploited at the expense of vehicle registration taxpayers and law abiding freeway motorists. San Rafael political activist Jonathan Frieman has a problem with corporations being defined as persons, but his campaign involves exploiting a loophole in the California Vehicle Code combined with citing the opinion of Citizens United v. Federal Election Commission. His intent is to overturn the U.S. Supreme Court case.

Frieman traveled solo with corporate paperwork in Bay Area carpool lanes purposely trying to get caught by the CHP so he can get his case through the court system. Citing both CVC 470 and the opinion of the Citizens United case, he frivolously argues that a corporation can count as a passenger to satisfy the occupancy requirement to travel in a 2+ carpool lane. As unusual as it sounds, Frieman actually hopes to keep losing through the court system so he can appeal the corporate personhood case back to the U.S. Supreme Court. He recently lost at the Superior Court level and has planned to appeal.

The Transit Coalition does not take sides on any political matters that do not relate to transportation. However, the state legislature must close the claimed loophole in the California Vehicle Code immediately. Even though Frieman hopes to lose his case throughout the appeals process, should a judge at any level decide to rule in Frieman’s favor, HOV lanes as we know it could be in dire trouble statewide. The legislature needs to write into law who a vehicle occupant is in the California Vehicle Code: a born, bodily, and living human being.

Robust debates in a free democracy are welcome and if Frieman has a solid argument against Citizens United, he should take action. However, exploiting California Vehicle Code loopholes and being a carpool cheater to advance agendas through the courts does nothing to get Southern California moving. And if the CHP took as long as Frieman claimed to catch him driving alone in an HOV lane, lawmakers might as well increase the carpool violation penalty and increase CHP enforcement to better deter carpool cheating. Set the base statewide fine to at least $500 and make it a one-point moving violation.