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

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.

 

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 FasTrakâ„¢ 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.

 

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.

 

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.

 

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.

 

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.

 

How much was the ticket?

 

I dont see how a CNG with stickers is any different than a prius with stickers, other than the fast track. I think you may have a good argument for the judge.

 

Ouch, talk about confusing rules.... I would at least talk to a judge about it... it might be that you are breaking the law but it doesn't seem taht you did it on purpose and I think he could agree that the rules are confusing (If CNG cars can go there but not hybrid).

If I got sticker that allowed me to go in the car pool lane I would assume I could do that at all hours (especially if CNG cars can do it). In the end it might not be true but hopefully they can show some leniency... It would have been different if you where in a normal car and did the same (less excuses).

Good Luck. Let us know what happens

 

I have always felt it is unclear which of those special lanes go through a toll booth and which ones do not. The clean air vehicle sticker allows us to use those lanes but do not allow us to NOT PAY the toll.

I think your only defense is that the signage for the bus lanes that allow car pooling during certain hours do not specify that that lane or lanes go around the toll booths and, therefore, may not be used by the clean air vehicles (with insufficient number of passengers).

In other words ...
At what point does the clean air vehicle driver have to exit those special lanes to
avoid failing to go through a toll booth?

There is no signage to answer that question. There was a cop to answer it, though.

 

I agree... It's very confusing and while the Cop is probably right it seems dangerous to have a road system with so many special rules for which lane you can be in when/if/why/sometimes etc.

It seems that this wasn't thought about when they passed the hybrid car exemption and they probably need to clarify that!

 

Surprisingly, I actually know the answer here... comes from driving an EV across that bridge for the past six years....

1. The signage IS confusing, but once you figure it all out, it does say BUSES ONLY, and then gives an exception for carpools during commute times (and this exception includes any vehicle with HOV stickers. The HOV stickers basically makes you a carpool for the lane. During non-commute times, that lane is ONLY for buses. Not for CNG, EV or hybrid. About that, the officer is wrong.

2. This has NOTHING to do with paying the toll. The toll can be collected from that lane at all times. It is all about ONLY BUSES during non commute times. Why that is, I have no idea, but it is.

3. The only valid argument you'll have, as I see it, is that the officer was letting others with HOV stickers by. They were just as illegal as you were. But that alone doesn't make it legal for YOU to be there, ya know?

Sorry about the ticket! I've seen people in gas cars using it during off hours and not paying toll at all... and this happened right in front of officers who just pointed to the regular lanes AFTER the toll booth and forced them over. Go figure.

 

The defense of selective enforcement is hard to present and courts rarely dismiss cases on that basis.

 

I have a question that is somewhat relevant to the topic.

Is there any consensus about whether a Prius (with the stickers, obviously) is allowed to use the Carpool-Only on-ramps? I used it a few days ago because the traffic was so bad, but I'm still cautious until I can get other people's input.

Anybody care to share their thoughts?