Is the CA HOV sticker necessary?

ribbs · 07-09-2006, 06:22 PM

We have three prii, none of which have those hideous yellow stickers supposedly required to travel solo in the HOV lanes. We rarely travel stretches of highway that have HOV lanes, so no issue... until recently. My son was pulled over for driving solo in an HOV lane. He pointed out to the cop that he was driving a Prius. The cop said he realized that immediately after turning on his lights. He then acknowledged that the Prius was indeed legal but that driving it solo in the HOV lane without the sticker was still an offense - but he didn't know the violation code number so he let my boy off with a warning.

Since then my wife was taking traffic school (we appear to be a family of scofflaws) and related this tale to the instructor. He said that the reason the cop couldn't find the violation code was because there is no such thing! The stickers are issued by the state to make it easier for cops to identify permitted hybrids at speed, but that it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers.

I am trying to get to the bottom of this - my cousin is a sergeant with the L.A. County Sheriff Department (great joke he told me during the Rodney King trial - what's the difference between the LAPD and the Sheriff's Dept.? Sheriffs go barhopping, LAPD goes nightclubbing).

I throw out this topic to the great unwashed priuschat membership at large - anybody know more about this?

aaf709 · 07-09-2006, 06:38 PM

You can get a ticket even if you have the stickers, but put them in the wrong place (such as on the windows).

I don't have the stickers myself as:

They're ugly.
Not needed for my commute.
When I need the HOV lane I have a passenger.

BTW, the last time I heard that "great unwashed" comment, was at a Ren Faire referring to the customers. I take it that's a showbiz term?

Lil Mo · 07-09-2006, 07:18 PM

Unwashed? LOL.

I do not know the answer to your question. I believe that the stickers are required in order to drive in the carpool lane.

I recently got my stickers even if I have very little opportunity to use them. However, I did use them the other night. It was sweet!

Alnilam · 07-09-2006, 07:28 PM

<div class='quotetop'>QUOTE(ribbs @ Jul 9 2006, 03:22 PM) [snapback]283510[/snapback]</div>

Quote:

Since then my wife was taking traffic school (we appear to be a family of scofflaws) and related this tale to the instructor. He said that the reason the cop couldn't find the violation code was because there is no such thing! The stickers are issued by the state to make it easier for cops to identify permitted hybrids at speed, but that it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers.

I[/b]

Since the posted cost of an HOV Lane violation is close to $300, I don't think I'd test the system on vague theories and rumors from non-experts. It took me all of 5 minutes to find the law:

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 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 is properly displayed on the vehicle, and the vehicle registration described in Section 5205.5 is with the vehicle.

© 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.

The fact that they are only issuing a certain number of them should give you a hint. I'd say your son was very lucky and the cop in question needs a bit of recurrent training. He was guilty of a 21655.9 (a & b). Book him, Danno!

mssmith95 · 07-09-2006, 07:36 PM

Yes, I agree with those stating that this is an offense, and you can get a ticket for it. Whether or not you do, will depend on the officer and whether or not this is an offense that they are looking for. More likely if you are driving a Prius and "blending" in, you would be OK, but if you are either speeding or going too slow and drawing attention to yourself, you may get nabbed.

You can get a ticket for having them in the incorrect position, but I think that is very unlikely, again, unless you are doing something to draw attention to yourself and then you give the office attitude...given him/her a reason to write you for something else.

I agree that risking that expensive of a violation is crazy when you could just pay $8 for the sticker. Sure, some think it is a tacky sticker, but I look at it as a special "badge" that my car gets to wear. If you do a search, you can find a few people who have come up with ideas of how to mount the stickers so that they are less permanent.

ribbs · 07-09-2006, 07:49 PM

Yep, just found the same statute. You're right - clueless instructor syndrome strikes again. Now the question is - what is the fine? Is it simply a fix-it ticket, or is it the same big fine as driving a Chevy solo in the HOV lane? My sheriff cousin thinks that it should be a fix-it ticket - he's looking into it. He's going to check with a CHiPPY ( as they call highway patrol).

So if you have the stickers does that mean your car is HOV-positive?

Too tasteless?

darelldd · 07-09-2006, 07:54 PM

<div class='quotetop'>QUOTE(ribbs @ Jul 9 2006, 03:22 PM) [snapback]283510[/snapback]</div>

Quote:

We have three prii, none of which have those hideous yellow stickers supposedly required to travel solo in the HOV lanes.[/b]

They aren'te "supposedly" required, they definitely ARE required... to do it legally. ** oops, I see the VC section has already been quoted!

Quote:

He said that the reason the cop couldn't find the violation code was because there is no such thing! The stickers are issued by the state to make it easier for cops to identify permitted hybrids at speed, but that it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers.[/b]

It amazes me that people think that what a cop says (any cop, choose one!) is THE WORD. In this case, the Vehicle Code is the bible. NOT what any cop interprets it to be. A cop can write you a ticket for ANY damn thing he thinks is wrong - even if totally legal according to the vehicle code. He can also let you go for anything that is obviously illegal. It is up to the judicial system to determine if the code is being followed - NOT THE COP. The code is all you can argue on court. NOT what any cop said.

KTPhil · 07-09-2006, 08:46 PM

"it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers."

Incorrect. There are a limited number of hybrids allowed on carpool lanes, and the number is controlled by limiting the number of stickers sold.

No sticker? Then you get written up for driving in the carpool lane. It's that simple. The code section is simply the HOV statutes. Your exemption requires a sticker, and you didn't have one.

It was set up this way to prevent too many hybrids from clogging them. In a short few months, all 75,000 stickers will have been handed out, and no more will be issued.

rufaro · 07-10-2006, 04:51 AM

...The fine for which, depending on where in CA you are, is certainly NOT a fixit...up here in the SF Bay Area, the posted fine for illegitimately using HOV lanes is $271 (yes, and ONE). AND, up here in the 9 SF Bay Counties, we also MUST have hybrid-specific FasTrak transponders, whether or not we EVER plan to use ANY of the bridges for which they pay the tolls. While I was in LA for the last week, I saw that there it is $370. And in LA, those lanes apply 24/7, as near as I could figure. Hell, anyone COULD use the lanes and say, well, I was just on my way to pick up my passengers...The chippie was clueless, your kid was lucky--but the fine is no joke.

And at least SOME of us ARE washed...

ribbs · 07-17-2006, 12:40 PM

Glad to hear some of you are washed.

My cuz the LASD sgt. finally came back this morning with this (not that all you sparkling clean p-chat members didn't already know) -

'Sorry it took so long. This laundry job is taking some time. The info I received is that if he got a ticket, it would in fact be a driving violation. The reasoning behind it is, if you do not have the sticker, then you are just another car illegally driving in the carpool lane. $270+ please, pay the clerk on your way out...'

07-09-2006, 06:22 PM	#1
ribbs Join Date: Feb 2006 Location: Malibu, Ca. Posts: 46 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	We have three prii, none of which have those hideous yellow stickers supposedly required to travel solo in the HOV lanes. We rarely travel stretches of highway that have HOV lanes, so no issue... until recently. My son was pulled over for driving solo in an HOV lane. He pointed out to the cop that he was driving a Prius. The cop said he realized that immediately after turning on his lights. He then acknowledged that the Prius was indeed legal but that driving it solo in the HOV lane without the sticker was still an offense - but he didn't know the violation code number so he let my boy off with a warning. Since then my wife was taking traffic school (we appear to be a family of scofflaws) and related this tale to the instructor. He said that the reason the cop couldn't find the violation code was because there is no such thing! The stickers are issued by the state to make it easier for cops to identify permitted hybrids at speed, but that it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers. I am trying to get to the bottom of this - my cousin is a sergeant with the L.A. County Sheriff Department (great joke he told me during the Rodney King trial - what's the difference between the LAPD and the Sheriff's Dept.? Sheriffs go barhopping, LAPD goes nightclubbing). I throw out this topic to the great unwashed priuschat membership at large - anybody know more about this? __________________ Black 04 Blue 05 White 06, all loaded

07-09-2006, 06:38 PM	#2
aaf709 Ravenpaw of ThunderClan Join Date: Apr 2005 Location: San Diego, CA Posts: 3,838 My Car: 2005 Prius Package: #6 Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	You can get a ticket even if you have the stickers, but put them in the wrong place (such as on the windows). I don't have the stickers myself as: They're ugly. Not needed for my commute. When I need the HOV lane I have a passenger. BTW, the last time I heard that "great unwashed" comment, was at a Ren Faire referring to the customers. I take it that's a showbiz term?

07-09-2006, 07:36 PM	#5
mssmith95 "I think my Dad's gone CRAZY!" Join Date: Feb 2006 Location: Los Angeles Posts: 533 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	Yes, I agree with those stating that this is an offense, and you can get a ticket for it. Whether or not you do, will depend on the officer and whether or not this is an offense that they are looking for. More likely if you are driving a Prius and "blending" in, you would be OK, but if you are either speeding or going too slow and drawing attention to yourself, you may get nabbed. You can get a ticket for having them in the incorrect position, but I think that is very unlikely, again, unless you are doing something to draw attention to yourself and then you give the office attitude...given him/her a reason to write you for something else. I agree that risking that expensive of a violation is crazy when you could just pay $8 for the sticker. Sure, some think it is a tacky sticker, but I look at it as a special "badge" that my car gets to wear. If you do a search, you can find a few people who have come up with ideas of how to mount the stickers so that they are less permanent. __________________ "mssmith95" stands for Mike / Suzy Smith 1995 (year we were married) - and Mike's got the Prius </span> 2006 Silver Package #7 <span style="color:#663300">Sigma Hood Deflector, Metro Moldings, Coastal EV, Rear Bumper Protector, BT Stiffening Plate ABS Prius Hood MFD Shade, Mud Flaps, Cargo Net, No wheel Rings

07-10-2006, 04:51 AM	#9
rufaro WeePoo with WeePri Join Date: May 2006 Location: In a (Lo)California state of mind... Posts: 2,640 My Car: 2006 Prius Package: #3 Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 36	...The fine for which, depending on where in CA you are, is certainly NOT a fixit...up here in the SF Bay Area, the posted fine for illegitimately using HOV lanes is $271 (yes, and ONE). AND, up here in the 9 SF Bay Counties, we also MUST have hybrid-specific FasTrak transponders, whether or not we EVER plan to use ANY of the bridges for which they pay the tolls. While I was in LA for the last week, I saw that there it is $370. And in LA, those lanes apply 24/7, as near as I could figure. Hell, anyone COULD use the lanes and say, well, I was just on my way to pick up my passengers...The chippie was clueless, your kid was lucky--but the fine is no joke. And at least SOME of us ARE washed... __________________ AKA WeePriQueen & Member of Hot Chicks in Black Prii club.

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07-09-2006, 07:18 PM	#3
Lil Mo Join Date: Jun 2006 Posts: 171 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	Unwashed? LOL. I do not know the answer to your question. I believe that the stickers are required in order to drive in the carpool lane. I recently got my stickers even if I have very little opportunity to use them. However, I did use them the other night. It was sweet!

07-09-2006, 07:49 PM	#6
ribbs Join Date: Feb 2006 Location: Malibu, Ca. Posts: 46 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	Yep, just found the same statute. You're right - clueless instructor syndrome strikes again. Now the question is - what is the fine? Is it simply a fix-it ticket, or is it the same big fine as driving a Chevy solo in the HOV lane? My sheriff cousin thinks that it should be a fix-it ticket - he's looking into it. He's going to check with a CHiPPY ( as they call highway patrol). So if you have the stickers does that mean your car is HOV-positive? Too tasteless?

07-09-2006, 08:46 PM	#8
KTPhil Senior Member Join Date: Jan 2005 Posts: 1,213 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	"it is in fact legal to drive solo in the HOV lane without the stickers as long as your car is one that is on the list for stickers." Incorrect. There are a limited number of hybrids allowed on carpool lanes, and the number is controlled by limiting the number of stickers sold. No sticker? Then you get written up for driving in the carpool lane. It's that simple. The code section is simply the HOV statutes. Your exemption requires a sticker, and you didn't have one. It was set up this way to prevent too many hybrids from clogging them. In a short few months, all 75,000 stickers will have been handed out, and no more will be issued.

07-17-2006, 12:40 PM	#10
ribbs Join Date: Feb 2006 Location: Malibu, Ca. Posts: 46 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	Glad to hear some of you are washed. My cuz the LASD sgt. finally came back this morning with this (not that all you sparkling clean p-chat members didn't already know) - 'Sorry it took so long. This laundry job is taking some time. The info I received is that if he got a ticket, it would in fact be a driving violation. The reasoning behind it is, if you do not have the sticker, then you are just another car illegally driving in the carpool lane. $270+ please, pay the clerk on your way out...'