Express Lanes Terms and Conditions

Welcome to the Express Lanes. To ensure you have the best driving experience on the road, below are a few things you should know. These are the current Express Lanes Terms of and Conditions (“Terms and Conditions”) and they replace any other terms of use or terms and conditions for the Express Lanes previously published. These Terms and Conditions may be varied or amended by the publishing of amended Terms and Conditions. By viewing the website found at https://www.expresslanes.comor any pages thereof (the “Website”) and the associated mobile application (the “Mobile App”), you accept that you have been provided with sufficient notice of any such amendment. By continuing to access or use the Website or Mobile App after any amendment, you confirm your acceptance of these Terms and Conditions, as amended. Please take some time to read the terms below and enjoy driving the Express Lanes.

Safe travels.

These Terms and Conditions should be read in conjunction with the E-ZPass® Customer Service Agreement for your respective E-ZPass agency.

The Virginia E-ZPass Customer Service Agreement can be found at:

https://www.ezpassva.com/CreateAccount/Termandcondition.aspx?accType=COV

The Maryland E-ZPass Account Terms and Conditions can be found at:

https://www.ezpassmd.com/en/about/terms_ind.shtml

Permitted Vehicles

1. All two axle passenger vehicles and motorcycles are permitted. Trucks and vanpools with two axles are also permitted. Buses are not subject to this restriction.

2. Non-permitted vehicles on the Express Lanes include any vehicles with greater than 2 axles and vehicles towing trailers or boats.

E-ZPass Transponder Use

3. All Express Lanes Users must travel with an E-ZPass transponder at all times. There will be no toll booths and no option to pay cash on the Express Lanes.

4. Motorcycles do not need an E-ZPass transponder. If travelling with an E-ZPass transponder of any type, our system will identify the vehicle as a motorcycle and the account will not be charged.

5. Any failure to use the E-ZPass or E-ZPass® FlexSM transponder in accordance with these Terms of Use may result in additional charges, fees and/or termination of the VDOT E-ZPass Customer Agreement.

6. Users traveling with a standard E-ZPass transponder will be charged a toll on the Express Lanes, regardless of occupancy.

7. Users travelling with an E-ZPass Flex transponder will have the ability to travel in:

a. HOV mode (100% discount) – when travelling with 3 occupants in the vehicle; or

b. Toll mode – when travelling with less than 3 occupants in the vehicle.

8. Users must set their E-ZPass Flex transponder to either HOV mode or Toll mode prior to entering the Express Lanes.

9. Incorrect use of the E-ZPass Flex transponder in HOV mode (including the switching of an E-ZPass Flex transponder between modes during a trip) may result in a removal of the 100% discount, enforcement by the Virginia State Police or otherwise, and/or other fees and charges.

10. Users should not travel with multiple E-ZPass transponders within their vehicles at the same time. If travel of this nature is necessary, Users should ensure that the second transponder remains shielded as instructed by the issuing E-ZPass agency to avoid multiple transponder charges.

11. These rules apply equally to taxis, leased and rental vehicles.

12. The E-ZPass Flex transponder will beep when switched from Toll to HOV mode.

Violation and Disputes

13. Users travelling without an E-ZPass will be sent an unpaid toll invoice explaining the correct way to use the Express Lanes and requesting payment of tolls plus administrative fees. Failure to pay this invoice may result in escalated administrative fees, civil penalties and referral to debt collection or court, and a hold on your account at the Department of Motor Vehicles that must be satisfied prior to re-registering your vehicle.

14. In the case where a User overpays the amount of an unpaid toll invoice, the User may request a refund for the overpayment by (1) contacting the customer service center at 1-855-495-9777 to speak with a representative or (2) sending a request on the "Contact Us" page of www.expresslanes.com. Users have up to a maximum of ninety (90) days after the Express Lanes receives its payment to request a refund. Any overpayment to the Express Lanes in excess of $100 will be automatically refunded to the User.

15. Users may dispute a toll violation or redirect the toll violation to another driver if they were not the driver of the vehicle via https://account.expresslanes.com/violation/.

Tolling and Signage

16. Users will be presented with two pricing Dynamic Message Signs (DMS) prior to entering the Express Lanes. Users might be presented with additional pricing signs during a trip on the 95 Express Lanes at which time such User can make the determination to stay on the road subject to an additional toll rate or exit the Express Lanes.

17. The first DMS that Users encounter when approaching the Express Lanes will act as an estimate of the toll price only.

18. Users will be charged the toll price as displayed at the final DMS when approaching the Express Lanes. This price is locked in for the 495 Express Lanes or for the applicable segment of the 95 Express Lanes and will not change.

19. Users will have an opportunity to take the regular/general purpose Beltway or I-95 lanes instead of the Express Lanes prior to passing the final DMS displaying the tolls and entering the Express Lanes, and/or prior to entering into an additional tolling segment on the I-95 Express Lanes.

20. If a User is traveling to a destination not listed on the DMS, they will be charged an amount corresponding to their final destination between the listed destinations.

21. In the case where no price is displayed at one of the DMS approaching the Express Lanes due to a malfunction, Users will be charged in accordance with the price displayed on the functioning DMS.

22. Where no price is displayed at either of the two DMS approaching the Express Lanes, Users will be charged in accordance with the price that can be obtained from the Express Lanes website.

HOV Travel

23. Users (excluding non-permitted vehicles) traveling on the Express Lanes with three or more occupants will be eligible for the 100% toll discount if travelling with an E-ZPass Flex in HOV mode. Also see HOV Nomination below for VDOT E-ZPass bumper mounted transponder customers.

24. Vehicles that will be considered to have met the HOV requirements regardless of the number of occupants and therefore eligible for the 100% discount are:

a. Mass transit vehicles and commuter buses (defined as vehicles providing a scheduled transportation services to the general public. Such vehicles shall comprise nonprofit, publicly or privately owned or operated transportation services, programs, or systems that may be funded pursuant to § 58.1-638);

b. School buses;

c. Motorcycles; and

d. Exempt vehicles that are emergency and law-enforcement vehicles in the performance of their duties excluding commuting to and from the workplace.

25. Hybrid fuel vehicles (or other full electric vehicles) will not be treated as meeting the HOV vehicles requirement for the Express Lanes unless travelling with 3 or more occupants and an E-ZPass Flex transponder in HOV mode.

Travel on the Express Lanes

26. Users must only enter and exit the Express Lanes via designated ramps and access points. Users must not enter or exit the 495 Express Lanes between the channelizing posts. Users must not enter or exit the 95 Express Lanes if an access point is closed or in the process of closing. Users must not enter or exit the 95 Express Lanes via points that are limited to authorized vehicles. Failure to comply may result in enforcement by the Virginia State Police.

27. Users are required to observe normal road rules and signage, including dynamic speed limit signs and lane use management signals, on the Express Lanes. Failure to comply may result in enforcement by the Virginia State Police.

28. Users should follow the instructions displayed on the dynamic message signs during incidents. Tolls will generally only be suspended on the Express Lanes upon instructions from VDOT. Users will be notified of a toll suspension via the dynamic message signs.

Missed a Toll

29. Users travelling without an E-ZPass transponder may have the opportunity to make payment of the unpaid toll plus a small administrative fee prior to the Express Lanes issuing a formal unpaid toll notice.

30. Users may search for an unpaid toll via the Website ( http://www.expresslanes.com/violation ) or the Mobile Application.

31. A missed toll may not be located by the system if:

a. The trip has not yet been processed by the system (a trip may take up to 48 hours after the time of travel to be available); or

b. An unpaid toll notice has already been sent (this usually occurs 4 days after travel).

32. If an unpaid toll notice has already been sent, the User will need to pay this invoice in full.

33. If the trip is not yet available for payment, the User may elect to leave payment details and an email address. The User will be contacted when the trip is charged per the payment details.

Fees and Penalties

34. The following Fees and Penalties may be applied for Toll violations:

Missed a Toll Fee $1.50 per trip

Missed a Toll B Fee $2.50 per trip

Unpaid Toll Notice #1 Fee $12.50 per trip

Final Unpaid Toll Notice Fee $25.00 per trip

Bounced Check Fee $30.00 per check

Debt Collection Fee $100.00 per trip

Civil Penalties Ranging from $50.00 for a first offense to $1000.00 for fourth

and subsequent offenses (see § 33.1-56.3 for further details).

Other administration fees and penalties may be applied by Fairfax Courts or E-ZPass agencies.

35. The following Fees and Penalties may be applied for HOV violations:

Civil Penalties Ranging from $50.00 for a first offense to $1000.00 for fourth

and subsequent offenses (see § 33.1-56.3 for further details).

Other administration fees and penalties may be applied by Fairfax or Prince William County Courts.

36. Users may also be subject to penalties associated with unauthorized vehicle travel (D) or crossing through any barrier, buffer or other area separating the 495 Express Lanes and 95 Express Lanes from other lanes of travel (E) in accordance with § 33.1-56.3.

Customer Privacy Protection

37. Customer privacy is a top priority. On-road video collected by the Express Lanes is used exclusively for safety and toll-related purposes, including the review of tolling charges and traffic incidents.  All on-road video is purged as required by law. Individual driver speed data is not reported nor used in any format. Corridor-wide average travel speeds are only reported to the Virginia Department of Transportation per our contractual obligation. Customer information collected for the purpose of pursing unpaid tolls will not be used for any other purpose but collection of the unpaid tolls.