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  1. #1

    Default Ticket for Driving With No Transponder in the FasTrak Lane

    My question involves a traffic ticket from the state of: California, Los Angeles.

    I recently moved from Austin, Texas in October 2015. In November 2015 I received a ticket for "No Transponder" in the FastTrak lane. The reason I mention the move, is that, in Austin, you're able to use the "Fast Pass" lanes without a transponder and would just be billed by mail for the use of the lane, you just pay a larger toll instead of the reduced rate one would get if they had the "Fast Pass" transponder.

    I was under the assumption that that was the case in Los Angeles as well, as I was in a bit of a rush to get to the airport, so the FastTrak lane was ideal. I used it, got pulled over and was given a $238 ticket. Seems a little excessive to me, but that's beside the point.

    Is there anything I can do in this case to not pay such a heavy fine, etc? I'm happy to show up to court and hope the cop who ticketed me doesn't show, but I'd like to know all of my options.

  2. #2
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    Austin is in Texas. LA is in California. They are in different states and each state has their own laws. It would be a great idea to not attempt to apply Texas law to any situation in California but to actually learn the germane California laws.

    this is from California's Metro ExpressLanes website:

    https://www.metroexpresslanes.net/en...olations.shtml

    What is the penalty for a toll evasion violation?The initial violation notice will include a $25 penalty. If the violation notice is unpaid after 30 days, a second delinquent notice will be sent to you and an additional delinquent penalty of $30 will be assessed.
    First Notice Issued: Toll plus $25 penalty
    Second Notice Issued: Toll plus $55 ($25 penalty, plus $30 delinquent penalty)
    and that FAQ was followed by this one:


    How can I resolve a violation?You have several options for resolving a toll evasion violation issued by the Metro ExpressLanes:

    1. Open a FasTrakŪ account – you can have the penalty dismissed by opening a new FasTrak account. Only the toll amount will post to your account and the violation penalty will be waived. You must add the license plate to your account with an effective date prior to the date of the violation.
    2. Pay the amount due – remit payment immediately using one of the following payment options:
      • Click here to Pay Online – You will need your violation number and license plate information.
      • Pay by Mail – Include the violation number on the check/money order. Please do not send cash.
        • Metro ExpressLanes
          PO Box 3339
          Gardena, CA 90247

  3. #3
    Join Date
    Oct 2015
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    California
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    What is the exact statute you were charged with? Can you supply a link to the web site of the agency that runs FasTrek in the location in question? In other words, the web site where you set up your electronic toll payment account.

  4. #4

    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    I got a ticket for using the lane without having a pass, not for evading toll road payments.

    I didn't set up an account. I didn't know one was required, because it hadn't been the case for me before. I thought the pass made using the lane cheaper, not off limits. The citation is 23302(c)vc.

  5. #5
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    Quote Quoting HazleApricot
    View Post
    I got a ticket for using the lane without having a pass, not for evading toll road payments.

    I didn't set up an account. I didn't know one was required, because it hadn't been the case for me before. I thought the pass made using the lane cheaper, not off limits. The citation is 23302(c)vc.
    again, you would be wise to not try to use the laws of Texas in California. It won't work.

    but anyway, the ticket is not for not having a pass. It is for having none of the following 3 items is the code section:

    (c) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges, in accordance with policies adopted by the issuing agency, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without at least one of the following:

    (1) Lawful money of the United States in the driver's immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person.

    (2) A transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.

    (3) Valid vehicle license plates properly attached pursuant to Section 4850.5 or 5200 to the vehicle in which that driver enters onto the vehicular crossing or toll highway.

  6. #6
    Join Date
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    California
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    Quote Quoting HazleApricot
    View Post
    I got a ticket for using the lane without having a pass, not for evading toll road payments.

    I didn't set up an account. I didn't know one was required, because it hadn't been the case for me before. I thought the pass made using the lane cheaper, not off limits. The citation is 23302(c)vc.
    If they don't have your account, how would you expect them to bill you? Did you in fact get the bill?

  7. #7
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    Quote Quoting thewiseone
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    If they don't have your account, how would you expect them to bill you? Did you in fact get the bill?
    In Texas (there's that applying Texas law in California again sure hope he realizes they are different states before he starts utilizing Texas' open carry laws) they take a picture of your plate and send the registered owner a bill.

  8. #8
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    Mar 2010
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    Snohomish, WA
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    Quote Quoting thewiseone
    View Post
    If they don't have your account, how would you expect them to bill you? Did you in fact get the bill?


    I think you missed this part:

    (c) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges, in accordance with policies adopted by the issuing agency

    Pay by plate must be permitted in order for you to receive a pay by plate bill. If he was ticketed, it is likely not permitted in that area/jurisdiction or officers would likely not be issuing cites for it.

    If they offer pay by plate, they look up your registration and bill you at that address, based off your plate number.

  9. #9
    Join Date
    Oct 2015
    Location
    California
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    I know in northern California you have to have an account in order to be billed; I am not sure how they do it in southern California, and in particular on the freeway in question. Hence my question to OP. If he did get the the bill, then the ticket is invalid and will be easy to defeat. Otherwise, no luck.

  10. #10
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    Default Re: Ticket for Driving With No Transponder in the FasTrak Lane

    He stated he did not open an account. Why he didn't open an account is because they don't have to in Texas (and of course if it's the law in Texas it must be the law everywhere in the US, right?) . They use the state motor vehicle registry and send the bill to the registered owner of the vehicle. It would be a system similar to the red light tickets in California.

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