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Is the CA HOV sticker necessary?

Discussion in 'Gen 2 Prius Main Forum' started by ribbs, Jul 9, 2006.

  1. ribbs

    ribbs New Member

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    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?
     
  2. aaf709

    aaf709 Ravenpaw of ThunderClan

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    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? :)
     
  3. Lil Mo

    Lil Mo New Member

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    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!

    :)
     
  4. Alnilam

    Alnilam The One in the Middle

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    <div class='quotetop'>QUOTE(ribbs @ Jul 9 2006, 03:22 PM) [snapback]283510[/snapback]</div>
    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!
     
  5. mssmith95

    mssmith95 Michael

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    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.
     
  6. ribbs

    ribbs New Member

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    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?
     
  7. darelldd

    darelldd Prius is our Gas Guzzler

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    <div class='quotetop'>QUOTE(ribbs @ Jul 9 2006, 03:22 PM) [snapback]283510[/snapback]</div>
    They aren'te "supposedly" required, they definitely ARE required... to do it legally. ** oops, I see the VC section has already been quoted!

    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.
     
  8. KTPhil

    KTPhil Active Member

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    "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.
     
  9. rufaro

    rufaro WeePoo, Gen II

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    ...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...
     
  10. ribbs

    ribbs New Member

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    Glad to hear some of you are washed.

    My because 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...'
     
  11. tmorrowus

    tmorrowus Member

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    I researched the question of whether it could be considered a "fix it" ticket for driving a Prius without the stickers in the HOV lane. My conclusion was that the cop does not legally have the discretion to write a "fix it" ticket, because the vehicle code is specific about what kinds of things qualify for fix it tickets and the stickers aren't included. Also, the vehicle code quoted above which outlaws driving without stickers does not have any exception for "fix it", so you are guilty of violating that VC (and responsible for the fine) in any case.

    Of course this doesn't mean a cop couldn't write you a fix it ticket, it's just my opinion that there is no legal basis for doing so.

    I have only the two small stickers on the front and back. I find the big side stickers too garish. I figure if the cop wants to pull me over he'll have to get in back of me, and then he'll see the sticker. I'm legally in violation without the side stickers but I seriously doubt I'd get written up for it.
     
  12. Marlin

    Marlin New Member

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    <div class='quotetop'>QUOTE(tmorrowus @ Jul 17 2006, 03:09 PM) [snapback]287656[/snapback]</div>
    So, you figure that after you waste the cop's time by having him pull out of his nice cozy spot on the side of the road to chase you down for an HOV violation that he'll give up after he sees that you've simply neglected to apply the side stickers? The ones that are supposed to be there so the cop can see them from the side of the road and not waste his time by chasing you down the highway? Good luck!

    Be sure to tell the cop that you wasted his time because you thought the side stickers were too garish. I'm sure he'll appreciate that.
     
  13. rufaro

    rufaro WeePoo, Gen II

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    <div class='quotetop'>QUOTE(tmorrowus @ Jul 17 2006, 12:09 PM) [snapback]287656[/snapback]</div>
    How about just taking the $271 and tearing it up now (or you could just send it to me, please--I am a MUCH more worthy recipient than the state :rolleyes:) ? THEN go to your car and either put the other stickers on or take 'em all off, and don't use the HOV lanes. You MAY not get stopped, but IF you do, you WILL have to pay the $271. Is it really worth the risk?

    Do you spend a lot of time in Vegas? :blink:
     
  14. Lil Mo

    Lil Mo New Member

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    This is pretty funny. We Prians range from the defiant (I won't put that on my car) to the submissive (Sure, I will put them wherever you want) to the fastidious (I don't like the color).

    Pulse and glide in your own fashion, my friends!
     
  15. Alnilam

    Alnilam The One in the Middle

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    <div class='quotetop'>QUOTE(Lil Mo @ Jul 17 2006, 07:07 PM) [snapback]287912[/snapback]</div>
    Ain't this the truth! Just when you thought you'd joined The League of Red Haired Gentlemen," (Sherlock Holmes) you find out we're about as different as people can be. It'd be a good doctoral thesis project to see what made people of such divergent thoughts and alien philosophies come together at the same car dealership.

    Call me mad, but I bet there are even Republicans who bought a Prius! (Well, maybe I've gone too far here!)

    Do you really live in Lagunia Hills?
     
  16. j24816

    j24816 New Member

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    <div class='quotetop'>QUOTE(Marlin @ Jul 17 2006, 12:50 PM) [snapback]287692[/snapback]</div>
    I'd wager its not California.

    There are NO cozy spots on the side of the road, at least not any road with carpool lanes. And nobody with any sense will stop there lest some fool going 90 while eating breakfast, putting on makeup, and talking on the cell phone while reading the paper get distracted and slam into you.

    quibble, quibble, quibble...