pulled over for driving in the carpool lane onramp California 21655.59B) VC

[niran916]

What is the name of your state? California Sorry I meant 21655.5(b) VC

 

[moburkes]

What is the name of your state? California

You'll need to ask a question, and, if you were in the carpool lane without a passenger, then pay the ticket.

 

[niran916]

Thanks for the quick response. I hit enter below and it posted by accident. Sorry.

 

[moburkes]

So, are going to ask your question?

 

[niran916]

sorry posted twice.

What is the name of your state? California

Hello, I was pulled over last month for driving in the carpool lane on ramp. The thing is there are two signs posted on the on ramp that say 2 or more persons when metered. The thing is this happends around 3:30pm and they never meter in the afternoon and were not that day either. Only mornings is when they meter. I also looked up the vehicle code and it states the following which would mean the on ramp car pool lane is ok to use when not metering.
"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."

Please let me know if I have a case.

(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.

Thanks in advance,
Gary

 

[moburkes]

What does metered mean?

 

[niran916]

What does metered mean?

On the on ramp there are two lanes where they have light and it allows two cars per green. The car pool lane is the third lane and does not have to stop for the lights.

 

[Zigner]

On the on ramp there are two lanes where they have light and it allows two cars per green. The car pool lane is the third lane and does not have to stop for the lights.

Just be careful - in San Diego the carpool lane DOES have to stop at the meter...the further south you go, the stranger it gets!

As for YOUR ticket - I'd fight it. You have to prove the lights weren't metering at the time. That may involve obtaining records from whatever department actually controls the metering times.

 

[moburkes]

Just be careful - in San Diego the carpool lane DOES have to stop at the meter...the further south you go, the stranger it gets!

As for YOUR ticket - I'd fight it. You have to prove the lights weren't metering at the time. That may involve obtaining records from whatever department actually controls the metering times.

I don't get that Zig. He said that he was cited for DRIVING in the carpool lane. I'm confused as to what the metered part has to do with the fact that he was in the carpool lane, regardless of the number of vehicles that can pass through the light at one time.

Hello, I was pulled over last month for driving in the carpool lane on ramp.

I guess, OP, that you'll need to provide the except statute # that you were cited with, and a link to the ENTIRE section that you're trying to quote. You only provided one small part of it.

 

[niran916]

I will try to obtain that.

Thanks for your help.

 

[niran916]

I don't get that Zig. He said that he was cited for DRIVING in the carpool lane. I'm confused as to what the metered part has to do with the fact that he was in the carpool lane, regardless of the number of vehicles that can pass through the light at one time.



I guess, OP, that you'll need to provide the except statute # that you were cited with, and a link to the ENTIRE section that you're trying to quote. You only provided one small part of it.

sorry, I was driving in the car pool lane that is on the ramp to enter the free way. There are two metered lights for the other to lanes which have to stop. The carpool sign says 2 or more persons when metered which tell me if the light aren't running I can be in that lane. I just wanted to confirm that what I think is true.

Thanks.

 

[moburkes]

Sorry. We don't have that here, so I'm still confused. Its not the fact that you were in the wrong lane that is the problem. It is that fact that during a certain time period (or so you think) you are allowed to drive in that lane alone, and the police officer may have made the mistake by ticketing you when you were driving legally. Is that it?

But, PLEASE post the statute that you were cited for violating and the entire section that you're quoting.

 

[niran916]

http://www.expertlaw.com/forums/showthread.php?t=18747

21655.5. (a) The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may authorize or permit exclusive or preferential use
of highway lanes for high-occupancy vehicles. Prior to establishing
the lanes, competent engineering estimates shall be made of the
effect of the lanes on safety, congestion, and highway capacity.
(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.
(c) When responding to an existing emergency or breakdown in which
a mass transit vehicle is blocking an exclusive or preferential use
lane, a clearly marked mass transit vehicle, mass transit supervisor'
s vehicle, or mass transit maintenance vehicle that is responding to
the emergency or breakdown may be operated in the segment of the
exclusive or preferential use lane being blocked by the mass transit
vehicle, regardless of the number of persons in the vehicle
responding to the emergency or breakdown, if both vehicles are owned
or operated by the same agency, and that agency provides public mass
transit services.
(d) For purposes of this section, a "paratransit vehicle" is
defined in Section 462.
(e) For purposes of this section, a "mass transit vehicle" means a
transit bus regularly used to transport paying passengers in mass
transit service.
(f) It is the intent of the Legislature, in amending this section,
to stimulate and encourage the development of ways and means of
relieving traffic congestion on California highways and, at the same
time, to encourage individual citizens to pool their vehicular
resources and thereby conserve fuel and lessen emission of air
pollutants.
(g) The provisions of this section regarding mass transit vehicles
and paratransit vehicles shall only apply if the Director of
Transportation determines that the application will not subject the
state to a reduction in the amount of federal aid for highways.

 

[moburkes]

Okay, I figured it out. It was in your title.

21655.9. (a) (1) Whenever the Department of Transportation or a
local authority 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.
(2) A local authority during periods of peak congestion shall
suspend for a lane the access privileges extended pursuant to
paragraph (1) for those vehicles issued distinctive decals, labels,
or other identifiers pursuant to Section 5205.5, if a periodic review
of lane performance by that local authority discloses both of the
following factors regarding the lane:
(A) The lane, or a portion thereof, exceeds a level of service C,
as described in subdivision (b) of Section 65089 of the Government
Code.
(B) The operation or projected operation of vehicles in the lane,
or a portion thereof, will significantly increase congestion.
(b) A person shall not 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. (c) A person shall not 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,
2011, or only until the date that the Secretary of State receives the
notice described in subdivision (l) of Section 5205.5, whichever
occurs first, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.


*****************
It appears that you were cited for not having a decal

***************
Okay, you're sick of me, but I cannot find that citation listed in your title. I don't find ".59" after any statute.

 

[moburkes]

The one you posted isn't the same as the one in your thread title. Your title reads:
21655.59, but the one you posted reads 21655.5.

So, re read your ticket. What were you cited with?