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This is a discussion on Cited for using car pool lane on SF Bay Bridge !! within the Gen II Prius Main Forum forums, part of the Gen II (2004-2009) Toyota Prius Forums category; Yestaerday ( Saturday) I used the far right bus only/ car pool diamond lane to get on to the Bay ...


Cited for using car pool lane on SF Bay Bridge !!

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Old 02-19-2006, 01:39 PM   #1
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Yestaerday ( Saturday) I used the far right bus only/ car pool diamond lane to get on to the Bay Bridge. There were a number of CHP caqrs waiting. I was not too worried as i had my stickers and the transponder. I was pulled over and cited by a very angry officer and told that we can only use the " bus lane " during carpool hours, other than that it is only for buses. I was under the impression that we were allowed to use those lanes at any time as we had these " special hybrid " transponders which supposedly had a longer range ( ??) and would charge you from those lanes. I have been looking at various sites but have not found any info on this. Since we are allowed to use these lanes during carpool hours even without three or more passengers, how would we then be charged if we had less than three people ?? If we are charged then the idea for issuing these stickers is to encourage people to switch to cleaner vehicles by making it mkore convienient for the drivers of such vehicles. Right ? If so, why not let them cross on weekends etc. Also, I have always seen many taxis and private vehicles that are on CNG ( hence zero pollution) and have white access ok stickers. These vehicles are apparently allowed to use the bus lane ANY time and the officeres were not pulling them over. I believed that we had been given similar priveleges with the difference being that we had to pay using our hybrid transponders.
If any one has any links to articles or materials that might hlp in court, i would be grateful. I intend to fight this to the hilt. Unfortunately traffic courts are so dismal.You don't get to present your exhibits and evidence propery, you can't make proper opening or closing statements, there is very limited opportunuty to cross examint the officeres and the " judges " don't even let you talk for more than 2-3 minutes.
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Old 02-19-2006, 01:58 PM   #2
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Quote:
Originally posted by Gurmail@Feb 19 2006, 10:39 AM
Yestaerday ( Saturday) I used the far right  bus only/ car pool diamond lane to get on to the Bay Bridge. There were a number of CHP caqrs waiting. I was not too worried as i had my stickers and the transponder. I was pulled over and cited by a very angry officer and told that we can only use the " bus lane " during carpool hours, other than that it is only for buses.
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Interesting, I came close to using those lanes coming back from Tahoe this week but opted for the normal FasTrak lanes. I am not really clear on the rules for the carpool flyover and then the restricted access bridge lanes. I agree that it seems reasonable that we could use them except if there is no way our transponder could be read. I'm not convinced that the Hybrid transponder is anything more than a normal transponder with a green dot (and known hybrid serial number). Anyway, good luck. Let us know how you fair and if you get any clarification regarding hybrid use of those lanes.
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Old 02-19-2006, 02:14 PM   #3
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I hope this helps....it's not directly related to the bus lane, though.

Taken from the FasTrak F.A.Q section:


HYBRID FAQs

1. I have a hybrid vehicle. Can I drive in the designated HOV/carpool-only lane even if I am driving across the bridge by myself?

Yes. With the passage of the Federal Transportation bill on August 10, 2005 and Assembly Bill 2628 (AB 2628) on September 23, 2004, qualified single-occupancy hybrid vehicles are now permitted to use dedicated High-Occupancy Vehicle (HOV)/carpool lanes in the Bay Area during designated carpool hours, if these vehicles are displaying the distinctive stickers issued by the Department of Motor Vehicles - and if they are equipped with a special FasTrak™ transponder for hybrids. However, unlike carpools, which are allowed to drive toll-free across the toll bridges during designated commute hours, single-occupancy hybrid vehicles must still pay tolls when driving across the Bay Area toll bridges in an HOV/carpool lane.
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Old 02-21-2006, 01:02 AM   #4
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Quote:
Originally posted by 925PriusGuy@Feb 19 2006, 11:14 AM
I hope this helps....it's not directly related to the bus lane, though. 
Thank you for the reply. Even though it says you are allowed to drive in the HOV lanes during carpool hours, that doesn't neccasarily mean that you cannot drive in those lanes at other times. I know it sounds like that. However, anybody can drive in those carpool lanes during non carpool hours and that is why the section gives you the exception to do so in those hours. I am interested in finding the exemption given to cng and electric vehicles as I see them use the bus lane to cross the Bay Bridge all the time for free. I really believed that we were given the same privelege except that we had to pay using our special " hybrid" transponder.


Taken from the FasTrak F.A.Q section:
HYBRID FAQs

1. I have a hybrid vehicle. Can I drive in the designated HOV/carpool-only lane even if I am driving across the bridge by myself?

Yes. With the passage of the Federal Transportation bill on August 10, 2005 and Assembly Bill 2628 (AB 2628) on September 23, 2004, qualified single-occupancy hybrid vehicles are now permitted to use dedicated High-Occupancy Vehicle (HOV)/carpool lanes in the Bay Area during designated carpool hours, if these vehicles are displaying the distinctive stickers issued by the Department of Motor Vehicles - and if they are equipped with a special FasTrak™ transponder for hybrids. However, unlike carpools, which are allowed to drive toll-free across the toll bridges during designated commute hours, single-occupancy hybrid vehicles must still pay tolls when driving across the Bay Area toll bridges in an HOV/carpool lane.
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Old 02-21-2006, 01:03 AM   #5
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Thank you for the reply. Even though it says you are allowed to drive in the HOV lanes during carpool hours, that doesn't neccasarily mean that you cannot drive in those lanes at other times. I know it sounds like that. However, anybody can drive in those carpool lanes during non carpool hours and that is why the section gives you the exception to do so in those hours. I am interested in finding the exemption given to cng and electric vehicles as I see them use the bus lane to cross the Bay Bridge all the time for free. I really believed that we were given the same privelege except that we had to pay using our special " hybrid" transponder.

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Old 02-21-2006, 10:05 AM   #6
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Hi Gurmail. Nice to see you on here. I haven't seen you for some time. I have no useful information on this. I will just note that the law never has anything to do with logic or what's reasonable. But if you are lucky enough to get a reasonable judge (if such a thing exists, which is doubtful) your arguments above might convince him/her that you were acting in good faith.

Maybe a search engine like searchlaw-dot-com would help you find the relevant section of the law.

Best of luck to you.
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Old 02-21-2006, 12:04 PM   #7
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I know the lane you are talking about. I would have to look at the signage to be 100%, but I think it says that it is a bus only lane, and a bus and carpool lane durring carpoll hours. If that is the case, (check the signage) it doesn't explain why CNG cars were not getting stopped.
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Old 02-21-2006, 12:33 PM   #8
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Quote:
Originally posted by jayway@Feb 21 2006, 09:04 AM
I know the lane you are talking about. I would have to look at the signage to be 100%, but I think it says that it is a bus only lane, and a bus and carpool lane durring carpoll hours. If that is the case, (check the signage) it doesn't explain why CNG cars  were not getting stopped.
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Yes, it's all about what the signs say. Do you recall exactly what they say?
The vehicle code: 21655.5 ( b ) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, shall place and maintain, or cause to be placed and maintained, signs and other official traffic control devices to designate the exclusive or preferential lanes, to advise motorists of the applicable vehicle occupancy levels, and, except where ramp metering and bypass lanes are regulated with the activation of traffic signals, to advise motorists of the hours of high-occupancy vehicle usage. No person shall drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices. A motorcycle, a mass transit vehicle, or a paratransit vehicle that is clearly and identifiably marked on all sides of the vehicle with the name of the paratransit provider may be operated upon those exclusive or preferential use lanes unless specifically prohibited by a traffic control device.
I remember there was some public discussion about this "bus only" lane when the flyover was constructed. Also, I believe the DMV/MTC must make available printed copies of rules specific to a individual facility so you might check at the toll plaza office for those. If in fact CNG vehicles were being allowed to use the lanes when you got ticketed then you might have some basis for unfair treatment.
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Old 02-21-2006, 02:50 PM   #9
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Thank you for the replies. The signs do clearly say " buses only, carpools ok during m-f" etc. Nevertheless, I really thought that we had been granted an exemption. Afterall, if you are driving solo on a weekday during carpool hours, you CAN use those lanes but have to pay. How doeas one pay fom there if the transponder is not picked up from there ??? If the transponder is picked up ( and I thought and read here in some posts that that was why we had to have a special transponder) then what is the harm as you are paying the toll anyway ?
In addition as I saw them allowing cng and electric vehicles I believed we were the sama as the exemption was based on being a clean fuel vehicle. Otherwise the literature would/should have told us to not use the carpool lanes that are a part of bus lanes on the right hand side of the bridge, not even during carpool hours as we have to pay even during those hours if we are not carring atleast 3 people.
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Old 02-21-2006, 07:18 PM   #10
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My understanding is that only busses can use the lane except during carpool hours. Did you see a CNG vehcels go by with out getting ticketed while Hybrids did? If so it doesn't add up to the way i undrstand it.
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