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Discussion Starter #1
Can you challenge the police if you get in carpool lane without a sticker?

The Calif state law allows hybrid vehicles getting at least 45 miles per gallon to use HOV lanes with only the driver on board. The law said, the Hybrid car like PRIUS can go to carpool lane.

DMV is given sticker because they need to know how many hybrid cars are in carpool lane. So if the police get you in the carpool lane driving a Prius without the sticker can they give you a ticket and if they do can you challenge the ticket since by law you are legally driving a hybrid compliance car in the carpool lane? :shock:
 

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I don't work in California, so this is only a guess. I would think there would be a law indicating you have to have the sticker, but you'd probably get it tossed out if you could prove to a judge that you had purchased the sticker but just didn't get it on your car yet. Just a guess.
 

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Yes, you are breaking the law if you use the HOV lane without a sticker, and they will stop you for it. Just this week I had a CHP officer cross 4 lanes of traffic to pull in behind me and my Prius in the HOV lane in order to check if I had a sticker or not (which I do). We all know the Prius is unmistakeable on the road, so it apparently does matter to the police as to whether or not you have paid your $8 fee.
 

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You certainly can challenge the ticket in court. You will almost certainly lose, but you can challenge it. The law is pretty specific about the fact that the DMV can require a sticker to use the lanes. A few folks have raised the point that the law only mentions sticker in singular, but I expect the courts would consider that an administrative detail and leave it up to the DMV. So I don’t think that you would have much of a chance.

But I always recommend against taking legal advice from a computer programmer.
 

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Same $271 fine if you don't have a sticker. Fight it and you will lose. The law says you need a sticker, and besides, since the Cali law limits the number of stickers to be issued at 75K, there WILL be Priuses that lack a sticker, and the CHP will know this.
 

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Discussion Starter #6
The law says you need a sticker,

Where is the law that say you need sticker? The law say any Hybrid car that has more than 45MPG can go to HOV lane with a single driver. I went and read the actual bill and did not see anything about the sticker. The sticker is what DMV is given to limit the car pool access to 75,000 so as long as they are issuing the sticker it means they have not reached the 75,000 so why not use the HOV lane without sticker until they stop. Just an idea that could be challenged
 

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Copied from ca.gov

.... you asked for it....

21655.9. (a) Whenever the Department of Transportation authorizes or permits exclusive or preferential use of highway lanes or highway access ramps for high-occupancy vehicles pursuant to Section 21655.5, the use of those lanes or ramps shall also be extended to vehicles that are issued distinctive decals, labels, or other identifiers pursuant to Section 5205.5 regardless of vehicle occupancy or ownership.

(b) No person shall drive a vehicle described in ( )1 subdivision (a) of Section 5205.5 with a single occupant upon a high-occupancy vehicle lane pursuant to this section unless the decal, label, or other identifier issued pursuant to Section 5205.5 ( )2 is properly displayed on the vehicle, and the vehicle registration described in Section 5205.5 is with the vehicle.

(c) No person shall operate or own a vehicle displaying a decal, label, or other identifier, as described in Section 5205.5, if that decal, label, or identifier was not issued for that vehicle pursuant to Section 5205.5. A violation of this subdivision is a misdemeanor.

(d) If the provisions in Section 5205.5 authorizing the department to issue decals, labels, or other identifiers to hybrid and alternative fuel vehicles are repealed, vehicles displaying those decals, labels, or other identifiers shall not access high-occupancy vehicle lanes without meeting the occupancy requirements otherwise applicable to those lanes.

(e) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.

.......

Link here if you don't believe me
http://www.dmv.ca.gov/pubs/vctop/d11/vc21655_9.htm
 

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Discussion Starter #8
ceric said:
Copied from ca.gov

(e) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.

Thanks for the details. So what is going on after January 1, 2008? If you have Prius with sticker, then you can not use the carpool lane anymore? :(
 

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Since this is a federal law and up to the states (?), then does one state's sticker also work in another state or do you need a rolling billboard of stickers from all states? :?:
 

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"So what is going on after January 1, 2008? If you have Prius with sticker, then you can not use the carpool lane anymore?"

Yup, that's what it means.

This is a temporary measure to reward early adopters in the hopes the cars will become more popular. It sunsets and has a limit of 75K, so that hybrids don't choke the carpool lanes.
 

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Without the required sticker or license plate, or the required number of passengers in your vehicle, then yes you would be in violation of the HOV rules if you took your Prius solo into the HOV lanes... (any Prius can go into the HOV lanes, you just need the number of passengers!)
 

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The only thing the federal law did was to allow the states to adopt hybrid incentives using carpool lanes built with federal funds. It did nothing to actually inact the incentives.
 

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KTPhil said:
"So what is going on after January 1, 2008? If you have Prius with sticker, then you can not use the carpool lane anymore?"

Yup, that's what it means.

This is a temporary measure to reward early adopters in the hopes the cars will become more popular. It sunsets and has a limit of 75K, so that hybrids don't choke the carpool lanes.
As of today, there is no evidence of any "clogging" of lanes with hybrids. I personally have only seen a few with stickers. Because of the 45mpg restriction, not all hybrids qualify, and there is currently an estimated 31,000 hybrids with the appropriate stickers, so the state has a long way to go before they reach that limit. Currently the general consensus is that the law will extend beyond the Jan 1,2008 mark...and if we re-elect a Democratic governor, I think that's even more likely.
 

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What I wouldn't give to have all the people by themselves driving in the HOV lanes to actually GET a ticket. During commute hours in SoCal, there is no enforcement of the HOV rule. I have yet to see a single person pulled over for brazenly driving alone in the carpool lanes.
 

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singpilot said:
What I wouldn't give to have all the people by themselves driving in the HOV lanes to actually GET a ticket. During commute hours in SoCal, there is no enforcement of the HOV rule. I have yet to see a single person pulled over for brazenly driving alone in the carpool lanes.
Single driver enforcement is even harder in the evening especially with all the cars with tinted windows and with daylight savings ending soon expect more lawbreakers. Notice you'll never see CHP patrolling or staked out in the HOV at night. In fact, it seems like the CHP has pretty much abandoned HOV patrol since the Hybrid sticker law came into affect.

I keep seeing the same white Prius in the morning drive time with no plates and no stickers traveling on the 110. I wouldn't have a problem with it assuming he's just waiting for his stickers except he constantly changes lanes in the two lane portion of the HOV squeezing between and cutting off motorists.
 

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"he constantly changes lanes in the two lane portion of the HOV squeezing between and cutting off motorists."

They WILL ticket for this if they see it, but of course the violators usually check before they pull this VERY dangerous stunt.
 

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Hah!

This past Thursday there was a backup on Hwy 101 in the afternoon (pretty normal backup for commute time in my limited experience driving on that section of highway during commute hours), and I saw someone in front of me who SEEMED to be a single occupant, but of course I couldn't be sure, there might have been a short person in the passenger side. Then I saw a patrol car who pulled in front of me and nailed the guy, who pulled to the left shoulder. As I drove on past, I was able to glance in and saw there was, in fact, just him in the car. So people do occasionally get caught.

It wasn't a Prius, though, or (unfortunately) an SUV...just a regular Ford Escort.
 

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paul16451 said:
KTPhil said:
"So what is going on after January 1, 2008? If you have Prius with sticker, then you can not use the carpool lane anymore?"

Yup, that's what it means.

This is a temporary measure to reward early adopters in the hopes the cars will become more popular. It sunsets and has a limit of 75K, so that hybrids don't choke the carpool lanes.
Currently the general consensus is that the law will extend beyond the Jan 1,2008 mark.
What's the basis of this opinion? It seems to me that the purpose of the law is to encourage people to buy hybrids. The 75,000 limit will be reached long before Jan 1, 2008, so what would be the purpose of extending it? No new hybrids would be purchased due to this law because no new stickers would be available. The only reason to extend it would be to placate the 75,000 people that already have the stickers. Conversely, the millions of people with "legitimate" carpools and those envious single drivers without stickers would all want the law to expire.

Am I missing something here? I really hope the law is extended, but I doubt that it will be.
 
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