Posted by Todd Zywicki:
LEXUS/HYBRID LANES:

   An interesting comment I received on my [1]hybrid cars post struck me
   as something to think about. Economists generally advocate the use of
   tolls and toll lanes to reduce traffic congestion, as opposed to HOV
   requirements. Often these toll lanes are criticized under the
   sobriquet of so-called "Lexus Lanes" and it is said to be "unfair" to
   allow drivers to buy their way out of traffic. But if that is so, why
   do we allow people to "buy" their way out of traffic and HOV
   requirements just by purchasing a hybrid car. Moreover, my
   understanding is that hybrids are more expensive than other cars, made
   moreso by the high public demand for them (which is one reason for the
   tax break for them).

   Obviously there is thought to be some public benefit from greater
   hybrid use that might be thought to offset the perception that it is
   unfair to "buy" one's way into the HOV lane. But the more general
   observation is that nobody thinks of it as "unfair" to buy your way
   into the HOV lane by buying a hybrid, yet they do for "Lexus Lanes."
   In fact, I hadn't thought of it that way until the reader asked me the
   question.

   I suspect that the answer is (extrapolating from the second volume of
   Hayek's Law, Legislation, and Liberty) "fairness" is a pretty slippery
   concept once you get beyond small, intimate relations and start trying
   to apply it to larger legal and policy questions.

References

   1. file://localhost/var/www/powerblogs/volokh/posts/1105127479.html

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