I don't think this is true. My transponder in my car doesn't work. Never has. Doesn't work in many of my friends cars either. Nobody has ever been cited or even pulled over. I tend to think the guys getting pulled over blasted through the toll booths or did something more than slow down and roll through without a transponder.
I'll tell you how my happened. You decide.
I'm rolling down Highway 241 (toll road) in my company car on my way back to San Diego. I passed through the FastTrak area, since I normally have my FastTrak, but I had forgotten to put the thing in my company car. I had already registered the plate in the system though so I figured no big deal...I'll just get billed later when they review the photo.
Nope.
About 1/8th of a mile in front of the toll station (you don't slow at all for them down here) a CHP motor pulled out from the side of the freeway and started in right behind me. I got lit up almost immediately and figured I must have been speeding or something...so I pull to the shoulder. He walks up, greets me and asks the standard questions:
"License, registration and proof of insurance. Do you know why I stopped you today?"
"Actually no I really don't."
"Toll evasion."
"Because I don't have my tag? I thought it could just read my plate if the tag wasn't in the car?"
"Yes it can. But the vehicle code still says you're required to have the transponder in the car any time you use a FastTrak lane anywhere in the state."
"Really? I was totally unaware of that. How did you even know I didn't have the tag?"
He then turns and points back at the railings over the the toll area...
"See those lights there? They tell us whether your tag was read or not. If your tag isn't read and there isn't an obvious sign of a tag in the window, it looks like you're a toll evader. That's why you were stopped."
He then ran my information, comes back and wrote me for not having the tag in the vehicle. :|
I went to court to have my day in front of the magistrate and the officer didn't show up. Done deal. However you can bet your ass I always have my transponder now. I use the Orange County Toll Roads and the HOT lanes in SD county regularly. It's just not worth another hassle.