For those reading this blog from outside the area, the new Golden Ears toll bridge opened on June 16th over the Fraser River from Maple Ridge to Langley and Surrey. This should be a momentous event, however I am left wondering.

If you have not been over the bridge the speed limit on the bridge deck is 80 kph. However, the north exit ramp from the bridge is 70 and the south exit slows to 60. It has always been my understanding that the speed limits are set on roads in accordance with how safe they are to handle the flow of traffic. I am told that the radar buddies have been busy with their speed traps in the 60 zone. Could it be with all the money that was spent on building the fancy off ramps that they are unsafe to handle the traffic? Or, could it be that a deal was done with the municipalities to generate additional revenue for their coffers through speeding fines. The speed at the north exit makes sense. The south exit clearly does not.

I received my transponder from Translink in order that my vehicle will be recognized electronically so that I may benefit from the lowest toll rate. Golden Ears Bridge has different toll rates depending on whether you are an unregistered user, a registered user of video billing or a registered user with a transponder. I thought it rather ironic that the transponder is about the same size as my wallet! Makes me wonder if this was a fruedian slip?

Along with the transponder which they have named “Quickpass” they include the Customer Agreement. The Customer Agreement is two sides of an 8-1/2 by 14 sheet in small print. Some lawyer is going to retire on the fee from creating this document. I suggest you go through this agreement. It has a few salient points that you need to be aware of. The wonderful part of this is if you want to save a few dollars, you have no choice but to accept their Agreement.

Section 4.4 of the Agreement states – “You must notify TransLink of any change of Registered vehicle or of name or address or registered office as the case may be within seven (7) days of the occurrence of the change. That means there is now one more agency you need to notify if you make any changes to the location or ownership of your vehicle if you are a registered user of the toll system.

Section 5.5 allows TransLink to charge a registered transponder user at the higher video toll rate if the toll system does not detect the transponder. If their transponder does not work, You Pay More!

Clause 5.6 allows TransLink to charge you at the full non-registered toll rate if they find you in breach of the agreement for any reason, including the fact that your prepaid account is less than the minimum balance TransLink sets. That means even if there is still sufficient funds in your account, you get dinged at the higher rate.

Clause 7.3 requires that you are responsible to notify TransLink of any change to your payment details. This is not unfair, you just need to be aware.

Clause 10.2 allows TransLink to annually increase the security deposit and monthly rental for the Transponder in accordance with the increase in the Consumer Price Index, however there is no downward adjustment if the index decreases.

Clause 11 of the agreement – Dispute of Charges says “If you wish to dispute a Toll or any related charge you must notify TransLink in accordance with the dispute resolution procedure set out at www.Quickpasstolling.ca.” Surprise! There is no dispute resolution procedure on the website. Is this an oversight or a deliberate misrepresentation? Do not bother TransLink with any problems you may have with your account.

Section 20 of the Agreement allows TransLink to change the terms of the Agreement any time upon notice and if you do not agree you get to pay higher tolls as you must turn in your transponder.

Although you have not signed any agreement permitting TransLink to obtain personal credit information, clause 21.5 allows TransLink to “request a credit investigation about you and share information about the way you conduct your account with credit reference agencies.” Clause 21.9 goes on to say “By applying for opening an account with TransLink you hereby consent to the uses and disclosures of personal information as set out herein.” It would be interesting for a lawyer to have a look at this section. My feeling is that TransLink has taken liberties with the law here.

Section 24 excludes TransLink from any liability whatsoever and your only remedy for a defective transponder is the replacement of the transponder.

Oh and if you think you might be able to run up a tab and not pay your toll bill, the following information is on the TransLink website and in covered in legalize detail in the Agreement– “To ensure the Golden Ears Bridge toll is collected fairly and equitably from all users, ICBC will refuse to issue a driver’s license, vehicle license and vehicle insurance when a person owes TransLink an excessive toll debt.” This applies to any debt over Thirty, yes 30 dollars.

To say the document is an Agreement is a bit of a stretch of the imagination. It is more of a form of forced Indentureship where you get to do as they say or suffer financially. The Agreement and the issue of the speed on the bridge and ramps is a reflection of the highhanded ego driven attitude of TransLink towards managing and developing public transit in the Lower Mainland. This attitude also show up in the bus system. The bus system is a subject for a separate blog, however it adds to the point that maybe it is time for the TransLink Board and the President, Thomas Prendergast, to resign and replace them with a feet on the ground practical approach to service and to moving the public.