MTA could re-write toll lane deal with Fed government

I'm working on a totally separate MTA story, the details of which I am saving for later, but in the mean time here is yet another key little nugget on the MTA plan to convert carpool lanes to toll lanes.

I reported (and I am pretty certain broke the news) that the MTA said it is comiiting itself to allowing carpools to use the toll lanes for free. Three-person carpools would be able to use the 10 freeway for free during rush hour, and two-person carpools and up would be allowed to use them for free on off-peak times.

Several legislative staff members from politicans who oppose the plan, have pointed out, however, that the following language in the MTA's agreement with the federal government, would seem to forbid the MTA from allowing two-person carpools to drive in the toll lanes for free:

(iii) The Partner Agencies agree that, except for the HOT lanes on the 110 Freeway, (i) none of the HOT Lanes shall be accessible by vehicles carrying two persons for a fee that is less than the fee payable for access by vehicles carrying one person (or for no fee)

I spoke with Stephanie Wiggins, the MTA official who is charged with leading the toll lane project, about it and she said the MTA is still committed to keeping the two-carpool lane option free, even if it meant changing language in the agreement with the federal government. However, she did say she does not believe that the above language prevents a two-person carpool for riding for free.

I wouldn't want to bet a lawsuit on that, personally, and I am sure the MTA will agree. Expect to see the agreement change, or the MTA pull back on its commitment to the two-person carpool riding for free.