Toll authority makes amends

Sun photo/2003
The plea came from reader Gloria Kukan of New Jersey in Dec. 10, just as I was about to decamp on a weeklong vacation, so this inquiry couldn't be answered quickly. Fortunately, it has a happy ending, courtesy of the Maryland Transportation Authority. Here's the story:
I was told about your column “Getting There” and that you often write of the MdTA. I have a problem that I’m not sure how to progress with and hope that you may have some insight with.
My issue involves the EZ Pass toll plaza at the Fort McHenry Tunnel in Maryland. While returning to NJ from business trip on 08 Oct 2009, I had to pass through this plaza. Since I am reimbursed for all tolls I pay by my company, I need to provide receipts thereby requiring the use of “Cash” only lanes
At this particular toll plaza, during rush hour traffic, the only 2 cash lanes began backing up greatly. Then one lane went from the red ‘x’ to a green light. I looked to make sure this was green and indicated “Cash” which it did. So I and a number of cars moved to this lane. A pick-up truck in front of me puts his hand out the window to pay, motions in disgust, then takes off. As I moved in with my hand and money out the window to pay, I discovered why; the booth was closed.
There was no recourse; i.e. envelope, or a safe way to pull over into the plaza operations center to tell them.
Subsequently, I received a ‘toll violation’. I appealed it, sent the EZ Pass MD the $2 for the toll with a letter explaining that this misleading since the light was green. I sent a letter to the Governor of Maryland, the Maryland Ethics Committee, and the Director of Internal Audits for Maryland’s Transportation Authority for EZ Pass asking them to examine this incident.
I received yet another fine for $25 and another for $3 for a ‘administrative fee’. Upon writing an appeal for these fines, I’ve discovered that EZ Pass has 15 minute delay built into the system for opening, closing, and changing the method of payment, for electronic lanes. They are called “switch” lanes. While the overhead sign, which indicates what method of payment is accept, may read “Cash” (and have the correct green light) the booth itself to pay may be EZ Pass or closed altogether.
Sir, I am looking for whatever help you can provide regarding this practice. I never knew about this delay and am my wits end trying to appeal. It’s very frustrating to know that while I verified what lane to go into, making sure that it was cash to obtain a receipt, only to find out it wasn’t, is upsetting since I intended to pay the toll anyway.
Have you in your experiences come across this? Who else can I contact about getting this resolved?
I thank you for taking the time to read this and appreciate any advice and direction you can provide me in this matter. Please let me know if you require any more information.
I didn't have any experience with such a lapse, but I do know how to get an answer from the authority. Here's the answer, from authority spokeswoman Teri Moss:
You inquired as to how the customer can appeal her penalty and get a response.
Upon receipt of a letter dated Nov. 21, our E-ZPass staff began researching the logs and images associated with toll lane 4 of the Fort McHenry for the evening of October 8. It appears there was confusion on the part of motorists intending to pay cash in this lane. Between 5:25 and 5:40 p.m., 49 transactions were processed in that lane resulting in 40 E-ZPass transactions and nine toll violations.
We are unable to verify whether the overhead canopy signage displayed the correct lane status. However, due to this complaint and our research, and in the best interest of the customer, we will be waiving and refunding any tolls and fees that were paid by the motorists identified as violators during that time.
Thank you for bringing her concerns to our attention as a follow up to her inquiry. Know that customer service is a priority and we take actions to address concerns as appropriate. We apologize this commitment was not conveyed to your reader.
Her appeal has been addressed and we will be sending her and other customers who encountered the same issue a letter advising our findings and their refund if any tolls or fees were paid.
As for Kukan's question about the right way to appeal decisions by the authority, she made some good moves and some not-so-good moves. Tracking down the authority's audits director was pretty clever, but writing the State Ethics Commission is spinning your wheels. It doesn't handle such matters. Moss suggested that customers take the following steps to appeal a toll action:
1 – When the customer receives the violation notice and would like to appeal, they should fill in the appeal form that is included in their violation notice, with any supporting documentation, and send it to the address listed.
2 – They will receive a response letter stating whether their appeal was granted or denied. The letter will contain the next step for further appeal. The next step if not satisfied with the response, is to send the next appeal in writing to the MDTA’s E-ZPass Violations Program Manager. (see attached Doc 25)
3 – If the second request is denied and the customer is still not satisfied with the outcome, they should send a letter with all supporting documents to the E-ZPass Administrator at the same address.
And, of course, if those avenues of appeal don't work, you can write Getting There at michael.dresser@baltsun.com.






