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E-ZPass has two types. One has a slideable toggle for HOV. by squid

1 + 2 = Free
Hop in the pool, the driving is great. Whether you’re slugging or in a vanpool or carpool, all you need is 3 or more people to drive the Express Lanes for free. If you have a headcount of 3 or more in your car, you can ride the Express Lanes for free at any time with your E-ZPass® Flex set to HOV ON.

Play fair or you pay the fare
You should only set your E-ZPass® to HOV ON if you have 3 or more people in your car. Claiming to be HOV when you're not can increase toll prices for drivers who are paying and playing fair.

If you don't have 3 in the car you have to pay a toll. Depending on the type of E-ZPass® Flex you have, set your Flex so HOV ON is covered or the line connects to HOV OFF.

Virginia State Police troopers can issue tickets of up to $1,000 to drivers who say they are HOV when they are not. Or, camera technology on the Lanes can spot HOV trips and make sure there are at least 3 people in your car. If there aren’t, charges can apply.

Edit: switched links.