I-66 E-ZPass lanes driver with luggage rack appeals $315 overcharge

A Warrenton man found $315 in unexpected charges on his credit card bill after riding the new E-ZPass Express Lanes on Interstate 66.

Philip Sowers told Potomac Local News he and his wife commute in their Buick SUV to work at an office on Fairfax County Parkway. They decided to use the new E-ZPass lanes when the first segment of the tolled lanes opened late last month, from Haymarket to Route 29 in Fairfax.

The only catch: the Sowers’ SUV had a luggage rack on top, making the vehicle over seven feet tall. The automated toll booths mistakenly took it for a small commercial vehicle and charged Sowers three times the regular toll rate.

Sowers quickly learned that any vehicle taller than seven feet, those pulling a trailer, or trucks with more than axles are charged higher tolls prohibited from using the lanes .

Sowers did nothing wrong. He had an E-ZPass Flex transponder set to HOV mode and a passenger (his wife) in the car, which was supposed to qualify for a toll-free ride. Ultimately, E-ZPass refunded his money and referred him to VDOT to complain.

When Sowers called VDOT, he learned the automatic toll booths marked his vehicle a Class 5, which includes small commercial trucks, vans, buses, and small RVs, subject to three times the toll rates during peak rush hour travel times.

“I don’t remember signing a legal agreement that outlined the class system or having this information included in the fine print when I got my E-ZPass,” said Sowers.

Interstate 66 Mobility Partners, a private group that constructed and managed the lanes, created eight classifications for the vehicles that use the lanes, determining how much more drivers of larger vehicles will pay. VDOT approved the classifications, said Nancy Smith, an I-66 Express Lanes spokeswoman.

Motorcycles, sedans, SUVs, minivans, and large pick-up trucks fall within the first three classifications and are charged regular tolls. Commercial vans, buses moving trucks, and RVs are up the scale and are subject to tolls five times the posted rate during the busiest times on the lanes.

Semis and anything else pulling a trailer in the final class are subject to tolls six times the regular rate during peak times. Signs near the entrances to the lanes warn drivers of “higher tolls for larger vehicles,” and Express Lanes lists the class system on its website.

Smith says Sowers’ case is uncommon. However, “the tolling system is continuously being refined to ensure that drivers enjoy a minimum average speed of 55 mph when using the 66 Express Lanes,” said Smith.

When drivers appeal a charge, the I-66 E-ZPass lanes staff review the claim using video-on-demand technology to see if a driver qualifies for a lower fee.

Since his refund, Sowers removed the luggage rack and continued to use the lanes, which shaved 40 minutes off his roundtrip commute. “Things on the lanes are way less terrible now,” said Sowers.

On September 24, the first nine-mile stretch of the I-66 E-ZPass Express Lanes opened between Haymarket and Route 29. Eventually, the I-66 E-ZPass lanes will span 22 miles between Haymarket and the Captial Beltway and should be open to traffic by the end of the year.

The lanes opening will mark the completion of a Northern Virginia regional network of toll lanes that allow drivers to pay to avoid traffic congestion or ride free with multiple occupants (two or more occupants on I-66, or three or more on I-95, I-395, or I-495), with an E-ZPass Flex transponder, free of charge.