As Virginia moves forward with private partnerships in order to build and operate HOT lanes, one of the issues that will have to be worked out is how fast traffic in the HOT lanes is designed to move. The state wants HOT lanes to move at totally uncongested speeds, while the private companies that will manage tolls would make more money (and would move more people) allowing the lanes to become somewhat congested, but not as much as the general purpose lanes.

Proposed Virginia Senate Bill 212 is intended to answer that question, and proposes to guarantee that traffic speeds in HOT lanes be protected. That’s all well and good, in theory.

But see if you can spot the problem with the proposed language:

“Any contract for the construction of any additional lanes that include HOT lanes or the conversion of any existing lanes to HOT lanes… shall specify that average vehicle speeds shall be at least as great as the posted speed limits.”

O RLY? “At least” as fast as the legal speed limit?

Traffic courts would have fun with that one.

Fortunately (or unfortunately, depending on your point of view), this legal paradox will almost surely be caught and corrected. Don’t count on ever actually being able to treat HOT lanes like the autobahn.