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VDOT admits improper charges from E-ZPass Flex on I66 'is a problem,' private operator was not 'prepared to deal with the staffing resources'

The operator, Express Mobility Partners, is "implementing more enhancements to our process over the coming weeks and months."

PRINCE WILLIAM COUNTY, Va. — The Virginia Department of Transportation tells WUSA9 the E-ZPass Flex HOV3 tolling system on Interstate 66 outside the beltway in Northern Virginia is experiencing problems, and might have been activated before the private company that operates it was ready.

“It is a problem that we've learned about through our interaction with our E-ZPass customers,” said David Caudell, Division Administrator for Tolling Operations VDOT. “We have been in discussions with EMP to figure out the root causes of this and had been meeting with them at a high level since July.”

The statements contradict what the private company operating the toll lanes, I-66 Express Mobility Partners, or EMP, continually told WUSA9 in an initial report about a Prince William County couple claiming the new E-ZPass Flex system on Interstate 66 in Northern Virginia overcharged them for tolls time after time.

When WUSA9 asked EMP about complaints Shawn and Jill Kiernan of Prince William County were being improperly charged for riding in HOV3 lanes even though they had three people in the vehicle the company told us it was not a widespread issue.

“Our records show that their complaint is an isolated issue,” said EMP spokesperson Jason Rufner. Rufner doubled down in a follow up email writing, “The Kiernan’s' reported experience is not the typical case.”

WUSA9 viewers and digital readers said flat out, that was not true. The newsroom has been receiving emails for days from people who all had similar stories. And a lot of you them were angry EMP tried to claim otherwise.

“Not sure if the system’s broken or the cameras are broken but there is something wrong,” said Ryan Miller who says he was charged tolls on I66 when his EX-Pass Flex transmitter was turned on, with two adults in the front and two children in car seats in the back.

“It’s ridiculous,” said Vincent Tchong, who started a change.org petition he was so frustrated. “I think something needs to be done.”

“Numerous times for the last three months, me, my wife and I have traveled with our baby on the toll roads and constantly have been charged for not having three or more people in vehicle.”

It’s been happening to Kelsey Speyer when she takes her two young children to day care.

“So, they looked at the footage and didn’t see my kids in the car which I thought was interesting,” Speyer said. “I was like do we need attendance records from that day?”

Liz Fretwell said she got charged even though she and her husband were driving with their three teenagers in the backseat.

“Had the audacity to tell me indeed there were indeed four people visible in the car at the start of our journey but only two visible at our exit point at Route 29,” Fretwell said. “I don’t know what they thought we did with our three teenagers.”

“It’s way past the money,” said Ercan Benli, who has also been fighting mischarges. “Like you know I’m just psychologically tired of chasing them like what’s going on.”

Tiwana Holland successfully challenged her charge.

“When I saw the story, I was really like 'how many people are not paying attention' and just you know, paying the fee,” she said.

Some of those who wrote into WUSA9 said window tinting, legal in Virginia, can play a role. But much like Kiernan’s most blamed the issues on small children in the back seat not being picked up by those sensors in the sky.

Eric Garnett even offered to send in ring doorbell video of his two teenagers getting in the family pickup truck right before the system charged them for not having three people in the HOV3 lane.

But in WUSA9’s original report, EMP’s spokesperson told WUSA9 its system “does recognize both small children and infant car seats.”

Some WUAS9 viewers and readers said they only experience problems on Interstate 66 outside the beltway, not on HOV3 tolling lanes on other interstates in Virginia and Maryland.  

“I go back to the technology itself, the technology is good,” Caudill said. “But it has limitations.”

Caudell told WUSA9 when the sensors don’t pick up three or more people, EMP is supposed to use human eyes to double check using photos of the vehicle said that process, as well as customer service response to families challenging charges on I-66 outside the beltway, hasn’t been nearly reliable enough in the first year of the program.

“I think [EMP] coming out of the block said hey, we've got this technology, it's really good,” Caudell said. “We can automate this and, you know, goes through a lot of transactions.”

“But the reality was, it takes a little bit more manual involvement. And I don't think they had or at least were prepared to deal with the staffing resources needed for that manual effort. And that's where they got behind.”

In a statement, I-66 Express Mobility Partners told WUSA9 it “continually reviews all toll transactions to ensure we capture the correct status of the 1.47 million HOV and non-HOV customers who’ve chosen to take advantage of the 66 Express Outside the Beltway lanes.

The company added it’s review process indicates a small percentage of issues or inconsistencies as drivers become accustomed to the new roadway.

“We continue to be proactive in adapting and improving our technology and review process to further enhance the customer experience,” the statement continued. “We’re implementing more enhancements to our process over the coming weeks and months. In addition, I-66 EMP has significantly added to our Customer Service team to improve the customer experience and expedite review of disputes.”

EMP stressed people do try and abuse the HOV system.

“We have seen inconsistencies in HOV declarations, whether they have fewer than three passengers or are driving ineligible vehicles,” the statement said. “I-66 EMP is contractually obligated to enforce VDOT’s rules and will continue to do so, along with the Virginia State Police. For the benefit of our paying customers and legitimate HOV3+ drivers, we continue to work closely with our partner VDOT to adhere to our contractual requirements to enforce their HOV3+ policy.”

Drivers who suspect that they have been charged incorrectly can contact 66 Express Lanes Outside the Beltway customer service at www.ride66express.com or 833-643-2867.

Additionally, drivers who need VDOT’s assistance with a recent tolling issue that occurred on 66 Express Lanes Outside the Beltway that remains unresolved are encouraged to reach out to VDOT via email at transform66@vdot.virginia.gov or by calling the VDOT Customer Service Center at 800-367-7623.

If Virginia E-ZPass customers are issued a credit by E-ZPass and want a refund to their bank account instead, they should contact the E-ZPass Customer Service Center (877-762-7824) and a credit to the customer can be processed. 

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