Are free FasTrak accounts good fiscal policy in LA?

Metro's actions are certainly questionable from both a fiscal and enforcement standpoint.

Now through October 25, 2013, Los Angeles County residents who register for a FasTrak account through LA Metro will have their $3 monthly account maintenance fee waived. Infrequent users of the Metro ExpressLanes which included carpoolers complained of the fee which has been a cause of Metro's decision to cut out the fee for a six month period. Now that infrequent users of the HOT lanes within LA County can benefit with a FasTrak account without the monthly maintenance fee, could we potentially see more carpoolers returning to the high occupancy lanes as Metro intended? We might see an increase, but infrequent carpools still need to fork over at least $40 toward prepaid tolls which may never get spent. Don't forget that to travel for free in the Metro ExpressLanes, HOV's need to have LA Metro's switchable FasTrak; patrons with a standard FasTrak can only use the HOT lanes as a toll-paying traveler.

Metro's actions are certainly questionable from both a fiscal and enforcement standpoint. For many agencies, monthly fees placed on inactive FasTrak accounts generally pay for the maintenance of such accounts which would otherwise get paid for by toll revenue. Prior to the complete waiver of monthly fees for LA County residents, four trips per month in the Metro ExpressLanes would waive such fees. The $3 monthly fee for inactive accounts is therefore a very fair price. County taxpayers should not be on the hook, nor should those who intend on using the ExpressLanes solely for free carpooling.

Suppose Metro did see a rapid increase in the number of FasTrak sign up's because of the fee waiver. As the number of FasTrak transponders increase, so does the complexity of combating carpool cheating. In the Metro ExpressLanes, a motorist's switchable FasTrak declares whether the vehicle is traveling as a free HOV or a toll-paying SOV. A prime reason why Metro mandates transponders for all HOV's is the ability of Metro to have a photo enforcement system, but even with the automated system, carpool enforcement still needs to be done by the CHP under an intelligence-driven model. Because such HOV declarations could easily be done through the absence of a transponder, a potential solution that the Coalition has long advocated is to abolish the FasTrak mandate for carpoolers and increasing the fine for carpool cheating. Several other HOT lane corridors throughout the country utilize this model which has encouraged carpooling and reduced HOV violations. If Metro wants to get more free carpoolers into the Metro ExpressLanes and avert the increased traffic congestion in the general purpose lanes, the agency needs to consider free non-transponder carpooling for their toll lanes.

A no-spin view of the Metro ExpressLanes

High occupancy toll lanes done right can provide an efficient multi-modal transportation facility within congested freeway corridors.

There has been much unfair dissent toward the Los Angeles Metro ExpressLanes lately by the public. However, the fact remains that the new Los Angeles HOT lanes are not bad for Southern California; it is the current HOV usage policy that remains undoubtedly questionable and the Transit Coalition will continue to confront it. LA Streetsblog caught ABC7 News spinning the facts when the news channel presented an overall negative report of the high occupancy toll lanes.

The Transit Coalition generally supports multi-modal HOT express lanes and congestion pricing. To be fair, The Coalition did reference this news report in the 2/19/2013 eWeekly Newsletter, but the story reported the fact that overall traffic in the corridor has worsened in the general purpose lanes mainly due to the displacement of non-registered HOV's. This is why the Coalition aims to have the Metro ExpressLanes and all other HOT lanes throughout Southern California allow for any 2+ or 3+ HOV to travel toll free without a transponder. The reasons can be found here. Metro does predict that the increased congestion will phase out as more people register, but the question that needs to be addressed is: How many toll-free HOV's versus toll-paying non-HOV's are using the ExpressLanes compared to the original HOV Lanes? Has the number of HOV's decreased in the high occupancy lanes?

Currently all HOVs except for motorcycles and buses must have a FasTrak to use the Metro ExpressLanes. Any motorcycle can use the lanes for free. Private buses preregister by submitting their license plate numbers. While it's true that the ill-advised policy of mandating all other HOVs need to have a FasTrak transponder needs to be revisited, it's also true that anti-toll lane groups have been unfairly spinning the facts of the ExpressLanes to promote an overall negative public view of HOT lanes in general. That too is counterproductive.

Los Angeles Metro's high occupancy toll lanes accomplished two major productive changes to promote multi-modal mobility: First, new rapid express buses were launched to serve the corridors. Secondly, the HOT lanes allowed any non-HOV to pay a toll with a FasTrak transponder to access the ExpressLanes which funds the bus service and other improvements. In addition, LA Metro's switchable FasTrak could and should set the standard for all FasTrak transponders statewide, eliminating the need to manufacture mylar bags and/or the need to construct and maintain separate lanes underneath the toll antennas. HOT lane facilities can provide a quick and easy throughfare for motorists. If Metro, OCTA, and RCTC can cut out the "Nanny Lane" usage policy and allow free non-transponder HOV usage, high occupancy toll lanes can have a future in Southern California transportation.

Speaking of ExpressLanes, the Los Angeles Times published an anecdote about a person who was sent a citation by the operators of the 91 ExpressLanes. The problem was that his car was nowhere near Orange County and was in fact stored in his garage on the day of the alleged violation. Much of the toll-charging and violation-reporting process is automated. However, operators assure that appeals are reviewed by human beings, with some 900 of these appeals leading to the dismissal of the citation every year.

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.

Some Facts behind HOT Lane Transponder Mandates for Carpools

Traditional enforcement should be considered in lieu of "Nanny Lanes".



Ever wonder why some agencies such as Metro and OCTA mandate FasTrak transponders for carpoolers in their respective HOT lanes? A 2011 Policy Study by the Reason Foundation combined with a 2007 federal report and preliminary studies from the I-15 Express Lanes project in San Diego County show why. By mandating all vehicles and carpools to preregister before using a toll lane facility, HOT lane policy enforcement is a simple snap. If somebody enters without a transponder and hasn't registered: lights, camera, violation notice in the mail.

Better public revenue is also a point made to support transponder-only carpooling according to these reports.

Okay, good enough, but...

Remember the Goal of HOT: Get SoCal Moving!
What may be good for better enforcement and revenue may not be good for getting Southern California moving, a possible reason why SANDAG rightfully retained its policy for free non-transponder carpooling for the I-15 Express Lanes and probable cause of local opposition in Orange County which helped prompt the OCTA's Regional Planning and Highways Committee to recommend shelving the I-405 toll lane project through Fountain Valley.

Statistics back Casual Carpooling:
Policies which mandate preregistration for carpools is a disincentive to rideshare in the first place.

According to a 2012 study of congestion pricing by UC Berkeley, casual carpooling attracts users not just because of time and cost advantages but also because casual carpoolers like traveling for free, giving a stranger in need a ride, and using a dedicated set of lanes on the freeway. Ironically, free access to an HOV lane is advertised as an incentive to carpool. What happens when a preregistration roadblock is put in the way?

"Nanny Lanes" in Atlanta:
A November, 2011 poll by InsiderAdvantage and WSB-TV reported that Atlanta's HOT lane facility with an ill-advised toll policy of mandated preregistration shows that nearly half of the region's commuters believe that the I-85 Express Lanes has made traffic actually worse for the corridor. In contrast, the I-15 Express Lanes with its sound toll policy has better balanced traffic distribution and cut down significantly on commute times.

But get this: In Atlanta, holders of personal toll accounts who decide to rideshare one day have to change their "toll mode" on their accounts to 3+ HOV at least 15 minutes before using the roadway either online or by a mobile app; forget flipping the car's transponder switch or using a separate 3+ lane...

No wonder why HOT lanes are often mislabeled as "Lexus Lanes", or more accurately "Nanny Lanes": Casual 3+ carpools in Atlanta simply cannot or will not use their HOT lanes simply because they are mandated to preregister to freely use the facility. The result according to UC Berkeley: a drop in carpooling. Private carpoolers should be treated like adults when they decide to freely rideshare and contribute toward better mobility. Bureaucratic policies hamper their efforts as the stats show. The Georgia state government is working on fixing that colossal mess.

Balancing HOT Enforcement with Moving Southern California:
So how can an agency balance free mobility with violation enforcement and steady toll revenue? The answers are clear.

Steady Toll Revenue Stream: Designate the HOT lanes for carpools while raising the tolls on other traffic further, thus keeping the toll revenue neutral while providing a greater disincentive to driving alone. Use dynamic congestion-based tolls to better redistribute traffic flow between the express and free lanes. Tolls go up as traffic increases; tolls lower as congestion goes down--Simple economics supply-and-demand.

Traditional Police Enforcement: Enforce HOT lanes like HOV lanes have been enforced in days past--use the police. By definition, a peace officer's job is to enforce the law. If a solo vehicle evades a toll, have the police ding the driver with a $400 carpool violation ticket. Equip the CHP with mobile enforcement transponders, enforcement beacons and other fool-proof tools; that's how it's done in San Diego County. If internal statistics or complaints show chronic problems, charge the cops to do a carpool sting operation like this one in San Francisco.

Facts also confirm issues regarding automated enforcement; OCTA, for instance, reports that a whopping 60% of automated violation notices from the 91 Express Lanes are dismissed (only 11% pay up, 20% go to collections).

Above all, officials need to encourage ridesharing in the toll lanes: Abolish the transponder and preregistration mandates for carpools who are freely showing what they can do to get Southern California moving.

Toll Lanes Need Non-Transponder Carpooling

The Transit Coalition believes that it is essential for carpools to have free access to all HOT lanes, without a requirement for transponders.



Southern California is home to a growing network of toll roads and "High- Occupancy Toll" (HOT) lanes, each with differentiating toll policies for the various corridors such as the Metro ExpressLanes, the 91 Express Lanes, and the I-15 Express Lanes in San Diego County.

For the HOT lanes, the Transit Coalition believes that it is essential for carpools to have free access without a requirement for transponders. Here are the toll policies of a few agencies in Southern California (as of 08/01/2012):

Metro ExpressLanes: FasTrak required for all vehicles. If carpooling, plan on using the new transponder with the single/2+/3+ switch or be prepared to pay the full toll. Carpools with the new FasTrak travel free (carpool is 2+ or 3+ depending on the time of the day and the corridor used). Several bus lines will utilize the lanes.

The Toll Roads (SR-73, 133, 241, 261):TCA, which operates the dedicated toll roads throughout Orange County (not to be confused with the 91 Express Lanes) has proposed to phase out cash payments. Drivers will be required to have a FasTrak, or patrons can also register their license plate numbers with TCA as an alternative. No carpool discounts announced at this time and no transit routes are available.

91 Express Lanes: FasTrak required for all vehicles. If there are three or more in the car, use the 3+ lane when nearing the toll antennas. 3+ carpools travel free except the PM rush hour in the peak direction where the toll is discounted 50%. Commuter bus lines currently use the corridor and expanded express service is planned.

I-15 Express Lanes in San Diego County:2+ carpools free. FasTrak required only for solo vehicles. Simply put the FasTrak away in a mylar bag so it cannot be read by the toll antennas if carpooling. Commuter bus lines currently use the corridor and expanded rapid express service is planned. This toll lane facility won the "Project of the Year Award" from the California Transportation Foundation in 2012.

The Transit Coalition is open to high- occupancy toll lane conversions that implement rideshare-friendly policies similar to those adopted by counties like San Diego and Santa Clara, with carpools defined as 2+ or 3+, depending on the time of the day and the demographics of the corridor, and without requiring transponders for carpools.

The Coalition objects to toll policies that would result in a reduction of carpools instead of single occupancy vehicles. Researchers from UC Berkeley reveal that not only has the San Francisco Bay Area Toll Authority's ill-advised imposition of mandatory FasTrak transponders and tolls on carpools resulted in a 26% reduction of vehicles in the carpool lane, but that many carpools are not picking up additional passengers along the way as before--a double-whammy, reducing the number of people utilizing the carpool lane by well more than 26%.

With that, the Transit Coalition wants to ask this question to each public transportation agency and each elected official who is proposing future toll lanes as a means to reduce congestion for everyone:

Would you consider following the example of San Diego County's award-winning project, adopting congestion-based tolls for solo motorists and opening up your express lanes for free travel for all 2+ or 3+ carpools and private buses, not just those who have FasTrak?