Toll-lane cheating, explained

A commentary by Washington State Patrol Trooper Jeff Merrill that was published in Friday’s Herald claimed enforcement of the new toll lanes on I-405 is doomed before it even starts.

He claims similar enforcement during the launch of tolling on Highway 167 in Renton was a bust, and the steps necessary to catch violators on the much busier I-405 “will simply not work.”

He even offers advice: “So, if you want to expedite your morning commute on I-405, tint your windows, set your flex pass to HOV and you will truly be ‘Good-To-Go.’”

Merrill is president of the Washington State Patrol Troopers Association.

His bosses and folks at the Washington State Department of Transportation were quick to respond.

“Many of the opinions contained within that email are untrue and do not reflect our partnership and coordination with WSP on this project,” said Ethan Bergerson, a WSDOT spokesperson. “We worked closely with WSP to determine the design and location of WSP vehicle pullouts and other facility needs for their important safety and enforcement work.”

Capt. Monica Alexander with Washington State Patrol agreed.

She added that officers working overtime at the start of tolling do so voluntarily and that the focus on the opening day of tolling will be on education.

“People violate a lot of the traffic laws out there, and our job is trying to help them understand the importance of compliance and why the laws are on the books,” Alexander said. “What it all boils down to is safety — helping people get from Point A to Point B safely and efficiently. And there are people not just here but at WSDOT trying to do that.”

In an earlier interview, WSDOT Assistant Secretary for Tolling Craig Stone said the current carpool lane violation rate near Everett is 1 percent of traffic.

“So we have actually a really good compliance rate already in this area,” Stone said.

That said, there is a lot going on during rush hour that can pull troopers away from violation enforcement day-to-day, such as collisions, Alexander said.

Tolling starts Sept. 27 on what are now HOV lanes on I-405 between Lynnwood and Bellevue.

The specific concern here is over drivers who may improperly use a Flex Pass switched to “HOV” mode. The Flex Pass allows a driver to travel the I-405 express lanes for free if they meet carpool requirements (three people or more in the vehicle during peak commute times weekdays, two people or more all other times).

To aid enforcement, the pass appears red out the windshield when switched to HOV mode. A beacon also flashes from tolling equipment when a car in HOV mode passes underneath.

In the end, tolling cuts both ways when it comes to enforcement.

Tolls complicate enforcement compared to traditional carpool requirements since single drivers and two-person vehicles can use the express toll lanes for a fee. Simple visual inspection is not enough.

But electronic tolling also can aid enforcement, since would-be violators will get a bill in the mail if they don’t shell out some money initially to get the equipment necessary for toll-free travel.

(On a related note, the candy-bar sized Flex Pass can be removed from its mount and stored when not driving in order to discourage theft. Sticker passes are one-time use and difficult to remove.)

Double white lines mark off toll lanes except at access points, which also would highlight those trying to cheat the system.

And then there are “heroes” not in uniform.

As with HOV lanes, other drivers can report express toll lane violators by calling 877-764-HERO.

Have a question? Email us at streetsmarts@heraldnet.com. Please include your first and last name and city of residence. Look for updates on the Street Smarts blog.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Floodwater from the Snohomish River partially covers a flood water sign along Lincoln Avenue on Thursday, Dec. 11, 2025 in Snohomish, Washington. (Olivia Vanni / The Herald)
Images from the flooding in Snohomish County.

Our photographers have spent this week documenting the flooding in… Continue reading

A rendering of possible configuration for a new multi-purpose stadium in downtown Everett. (DLR Group)
Everett council resolution lays out priorities for proposed stadium

The resolution directs city staff to, among other things, protect the rights of future workers if they push for unionization.

LifeWise Bibles available for students in their classroom set up at New Hope Assembly on Monday, April 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Parents back Everett district after LifeWise lawsuit threat

Dozens gathered at a board meeting Tuesday to voice their concerns over the Bible education program that pulls students out of public school during the day.

Everett Mayor Cassie Franklin delivers her budget address during a city council meeting on Oct. 22, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mayor talks priorities for third term in office

Cassie Franklin will focus largely on public safety, housing and human services, and community engagement over the next four years, she told The Daily Herald in an interview.

A view of downtown Everett facing north on Oct. 14, 2025. (Olivia Vanni / The Herald)
Everett expands Downtown Improvement District

The district, which collects rates to provide services for downtown businesses, will now include more properties along Pacific and Everett Avenues.

Darryl Dyck file photo
Mohammed Asif, an Indian national, conspired with others to bill Medicare for COVID-19 and other respiratory tests that hadn’t been ordered or performed, according to a U.S. Department of Justice press release.
Man sentenced to 2 years in prison for $1 million health care fraud scheme

Mohammed Asif, 35, owned an Everett-based testing laboratory and billed Medicare for COVID-19 tests that patients never received.

Snohomish County Fire District No. 4 and Snohomish Regional Fire and Rescue responded to a two-vehicle head-on collision on U.S. 2 on Feb. 21, 2024, in Snohomish. (Snohomish County Fire District #4)
Family of Monroe woman killed in U.S. 2 crash sues WSDOT for $50 million

The wrongful death lawsuit filed in Snohomish County Superior Court on Nov. 24 alleges the agency’s negligence led to Tu Lam’s death.

Judy Tuohy, the executive director of the Schack Art Center, in 2024. (Olivia Vanni / The Herald)
Director of Everett’s Schack Art Center announces retirement

Judy Tuohy, also a city council member, will step down from the executive director role next year after 32 years in the position.

Human trafficking probe nets arrest of Calif. man, rescue of 17-year-old girl

The investigation by multiple agencies culminated with the arrest of a California man in Snohomish County.

Stanwood man allegedly stole a WSP vehicle to get home for Christmas

The 24-year-old is facing robbery and eluding charges in connection with the Christmas day incident.

Information panels on display as a part of the national exhibit being showcased at Edmonds College on Nov. 19, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Edmonds College hosts new climate change and community resilience exhibit

Through Jan. 21, visit the school library in Lynnwood to learn about how climate change is affecting weather patterns and landscapes and how communities are adapting.

Back to rain and snow in Snohomish County in time for the new year

The last few days of blue skies will give way to rain in the lowlands, with 5-8 inches of snow also expected in the Cascades

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.