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

Fosse will not seek reelection; 2 candidates set to run for her seat

Mason Rutledge and Sam Hem announced this week they will seek the District 1 City Council position.

Lynnwood
Lynnwood police arrest two males in shooting at Swift bus

Man, 19, is booked for investigation of attempted murder. 17-year-old held at Denney Juvenile Justice Center on similar charges.

K-POP Empire store owners Todd Dickinson and Ricky Steinlars at their new store location on Thursday, April 17, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood K-pop store wary of new tariffs

Much of the store’s merchandise, which arrives from China and South Korea, is facing new import fees.

Fire department crews rescue climber after 100-foot fall near Index

The climber was flown to Providence Regional Medical Center Everett with non-life-threatening injuries.

Janet Garcia walks into the courtroom for her arraignment at the Snohomish County Courthouse on Monday, April 22, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mother found competent to stand trial in stabbing death of 4-year-old son

A year after her arraignment, Janet Garcia appeared in court Wednesday for a competency hearing in the death of her son, Ariel Garcia.

Everett council member to retire at end of term

Liz Vogeli’s retirement from the council opens up the race in the November election for Everett’s District 4 seat.

Washington State Department of Commerce Director Joe Nguyễn speaks during the Economic Alliance Snohomish County’s Annual Meeting and Awards events on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Commerce boss: How Washington state can make it easier for small businesses

Joe Nguyen made the remarks Wednesday during the annual meeting of the Economic Alliance Snohomish County and the Snohomish County Awards

Logo for news use featuring Snohomish County, Washington. 220118
Snohomish County Council toughens enforcement on nuisance RVs

Any RV parked on public roads in unincorporated Snohomish County for more than 72 hours will be at risk of impoundment.

Ryan Bisson speaks to seniors attending a transit workshop hosted by Community Transit on Friday, May 2, 2025 in Everett, Washington. (Will Geschke / The Herald)
Community Transit helps seniors navigate buses, trains

A number of workshops hosted by the Snohomish County agency teach older adults how to most effectively ride public transit.

Valley View Middle School eighth grader Maggie Hou, 14, a NASA’s annual “Power to Explore” challenge finalist on Thursday, May 1, 2025 in Snohomish, Washington. (Olivia Vanni / The Herald)
Local students make finals in NASA competition

NASA’s Power to Explore Challenge asks students to create a mission to a moon using radioisotope power systems.

Snohomish County Superior Courthouse in Everett, Washington on February 8, 2022.  (Kevin Clark / The Herald)
Snohomish County, 7 local governments across US, sue Trump administration

The lawsuit alleges the administration put unlawful conditions on funding that includes $17M to the county for homelessness assistance.

Photo courtesy of Tulalip Resort Casino
The creamy chicken verde enchiladas at World Flavors, located in The Kitchen at Quil Ceda Creek Casino.
A dish to celebrate Cinco de Mayo

The creamy chicken verde enchiladas at World Flavors, located in The Kitchen at Quil Ceda Creek Casino, are a tasty treat year round.

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.