Critics say ‘WSDOT is breaking the law’ with I-405 toll lanes

Despite not meeting one of two benchmarks, the Washington State Department of Transportation is calling the I-405 toll lanes a success.  Critics say raising enough money isn’t good enough for drivers who are idling in congestion.

David Hablewitz, the co-founder of Stop405Tolls.org, told KIRO Radio’s Dori Monson the recent report showing the lanes did not meet one of the two necessary requirements to remain in operation proves “WSDOT is breaking the law.”

RELATED: I-405 toll lanes not making the grade after 2 years

“It’s that simple,” Hablewitz said. “They’ve gone two years and they’re still not meeting the target.”

The I-405 toll lanes were required to make enough money to cover operating costs, which they did. The lanes cost $16 million to run but they generated $44.5 million. That’s $29 million in profits that can be invested back into I-405 improvements.

The second requirement is where the toll lanes fell short. They were supposed to keep peak-hour traffic moving at least 45 miles per hour 90 percent of the time. According to the report, that criteria is not being met.

“Everyone knows it’s always been absolutely certain, this is what it is, it has to meet both of these criteria,” Hablewitz said. “It’s not good enough.”

A review done by University of Minnesota researchers even suggests raising the maximum toll over the $10 mark.

“They say ‘Well with a little tweaking we’ll meet those goals,’ and now we have an open door to add this toll for the rest of 405 as they build the part that goes to Renton,” Hablewitz said.

Some Eastside drivers may have been able to rearrange their travel schedules or their driving routes to and from work to avoid the tolls, but others haven’t.

“For me, I believe in social equity. And I look at this and this is what boggles my mind is how we’re doing such a disservice to people who live in Snohomish County in particular,” Hablewitz said. “If you were to look at the math, the people who are paying the $10 tolls, they don’t live in Kirkland. They don’t live in Bellevue. They live in Snohomish County. They live in the northern half of Bothell…And now we’re looking at raising the price on these people. How could this possibly be equitable?”

Hablewitz, who identifies as a Democrat, said this issue shouldn’t be about politics.

“It’s less about being a Democrat or being a Republican or being a Green or being anything. And it’s more about doing the right thing, doing the smart thing. And what I see here is not smart,” he said. “(Transportation) is not something I would consider a partisan issue. We all agree that we have to fix this.”

For those who want to take action against continued tolls on I-405, Hablewitz suggested calling state legislators.

“They are listening. They are making decisions starting the beginning of January,” he said. “Tell them with passion your personal experiences about this and why it matters to you.”