Dear Lane.Myer,
Please stop misleading people.
I got a ticket when using HOV mode and driving by myself(which was an honest mistake) The overhead EZ pass readers do send the information to Police officers(VA State Trooper in my case) who are waiting further down the road. I was told that by the officer and the official 495 express lanes website explains that clearly.
https://www.495expresslanes.com/faqs See the FAQ about Enforcement.
Don't take a chance and follow the rules.
Of course, paying a private and a foreign company(Transurban-Austrailia which owns and maintains 495 express lanes) doesn't make drivers happy but our state leadership and officials have made the decision(Stupid one, IMHO) and we have to live with it. Upon doing further reading, I found out that it is believed that VDOT is prohibited by contract from improving other alternative roads which drives traffic away from Express lanes. What a Shame, if true and accurate.
Good news is that Transurban has yet to post profit from Express Lanes. I think Citizens should keep it that way and force them out of business. There are horrible stories about drives being hit with ridiculously high admin fees and fines for missed tolls, transponder malfunctions and other issues. Some People are considering Class Action Lawsuit as well.
http://pricefixer.blogspot.com/2013/06/ive-posted-about-i-495-express-lanes-on.html
Maybe someone should run a social media campaign against it. Maybe start a facebook page to oppose Transurban and privatization of public roads.