Carpool Lane Violation, CVC 21655 - No Signs Posted

[jaiselus]

My question involves a traffic ticket from the state of: California

Was headed home from work - I get on I-15 South from Scripps Poway Parkway in San Diego County.

The two left hand turn lanes leading to the onramp end up as three actual onramp lanes. They are metered in the afternoons.

Because there are *no signs* indicating that the left lane is a carpool lane, I have been routinely using it to avoid waiting in line... well, a CHP officer was posted there a couple of days ago, and sure enough, he decided to pull me over and cite me.

I explained to him that there were no signs, but he wanted to hear nothing of it. I signed the ticket and went on my way.

This onramp *used* to have posted 'carpool only' signs, but they were taken down 8 - 9 months ago... The only remnants are a couple of faded white diamonds painted in the lane.

Am thinking with proper documentation and photographs, I should be able to beat this.

Any thoughts?

Thanks!

[establishtherecord]

IS that lane a carpool lane, only lacking signs? And was it a carpool violation or some other citation?
The 'white diamond' carpool indicators on the street, faded or otherwise, are still indicators of carpool, aren't they?
If you go in and argue to the court that the cop is wrong, can you prove it since the roads don't belong to you? If you got something from Caltrans saying that lane is no longer a carpool land, NOW ~That~ would be a good thing to show to the court. Why not make a Service Request and see if they will say that land is NOT a carpool lane (do it in writing) http://www.dot.ca.gov/hq/maint/msrsubmit/

[jaiselus]

Google Maps provides an extremely clear view of the onramp and the fact that it is completely devoid of signs... It also has a photo taken some time during 2007 that shows the carpool signs, which are now gone.

Have a look for yourself: Google Maps Street View of Onramp

Also, note the 'Photos' icon at the top right of the image - click that and you can see the black and white 'carpool lane' sign somewhat obscured by the trees on the left.

And it was a citation for nothing other than CVC 21655.

[DavidForthoffer]

CVC 21655 has nothing to do with carpool lanes. It has to do with making the speed limit for one or more lanes travel lower than other lanes, for certain vehicles such as a bus drawing any other vehicle or a vehicle transporting explosives. It also requires signs to be erected.

I would fight it.

Supposing that you do not want to fight a carpool lane violation, the trick is to arrange things so that the officer cannot say, just as trial begins, "Your Honor. I want to change the complaint from VC 21655 to (whatever the carpool violation is)." So go to the court clerk and insist on your right to a single appearance under VC 40519(a). The clerk probably won't know what you're talking about. So bring a copy of the statute, and ask to see their supervisor. Then when you go to court, tell the judge you are pleading not guilty, then if the officer wants to change the violation, point out that you have already exercised your right to a single appearance, object that trial has already begun, and after that objection is overruled, object that you have a right to prepare a defense to the new charges, and that you should not have to choose between one right or the other. Worst case, be prepared to fight the carpool lane violation with your photos.

[bruinPE]

Is the on-ramp still under construction? From the street view, it looks like they removed the carpool signs due to the construction (and you can still clearly see the carpool diamond pavement markings). Caltrans may have simply neglected to re-install the signs after the construction was completed. Definitely contact Caltrans and inquire whether it is still a carpool lane or not. If it's not, then they need to remove the diamond pavement markings. If it is, they need to re-install those carpool signs.

Those diamond pavement markings are considered traffic control devices, but the CA MUTCD states that signs shall be posted as well for preferential lanes. That could be enough for you to get out of the ticket. Although, I don't know historically how the courts treat a situation where a sign has been damaged or removed but the pavement marking still indicates the proper movement.

[jaiselus]

The onramp now shows none of the signs of construction seen in the image I've linked to. It looks much more like a run-of-the-mill onramp.

Interestingly, there was a 'carpool only' sign that can be seen here:

Google Maps street view looking east toward onramp

This photo was presumably taken around the same time as the other I posted.

However, this sign is now gone, indicating to me that indeed, this is no longer a carpool onramp and that they need to paint over the diamonds in that lane.

Thanks for all the feedback!

[That Guy]

The first question I have is what type of vehicle were you driving?

If you were not driving a vehicle that is defined under Vehicle Code section 22406, then VC 21655 does not apply.

Here is VC 21655:

21655.

(a) Whenever the Department of Transportation or local authorities with respect to highways under their respective jurisdictions determines upon the basis of an engineering and traffic investigation that the designation of a specific lane or lanes for the travel of vehicles required to travel at reduced speeds would facilitate the safe and orderly movement of traffic, the department or local authority may designate a specific lane or lanes for the travel of vehicles which are subject to the provisions of Section 22406 and shall erect signs at reasonable intervals giving notice thereof.

(b) Any trailer bus, except as provided in Section 21655.5, and any vehicle subject to the provisions of Section 22406 shall be driven in the lane or lanes designated pursuant to subdivision (a) whenever signs have been erected giving notice of that designation.

Except as otherwise provided in this subdivision, when a specific lane or lanes have not been so designated, any of those vehicles shall be driven in the right-hand lane for traffic or as close as practicable to the right edge or curb. If, however, a specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, any of those vehicles may also be driven in the lane to the immediate left of that right-hand lane, unless otherwise prohibited under this code.

When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code.

This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is entering into or exiting from a highway or to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his or her intended route.

And here is VC 22406:

22406. No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:

(a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.

If you were NOT driving any of the vehicles described above, and to properly cite you for riding solo in the HOV lanes, the officer would have had to cite you for VC 21655.5(b):

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.

So, please check you citation to make sure you posted the correct code section here.

[jaiselus]

You very well may be correct - I haven't had the actual citation in front of me for reference; I will check it later and post my findings.

[jaiselus]

Yup, it is actually 21655.5(b) - sorry for the lack of attention to detail.

[That Guy]

Yup, it is actually 21655.5(b) - sorry for the lack of attention to detail.

Not a problem...

I wouldn't count on Google Maps images to save the day for you. Highway construction/signage... etc, can change on a daily basis and there is the possibility that some Google Maps images can be up to 2 or 3 years old. So I will echo bruinPE's response above. You need to contact CalTrans for some sort of verification (ideally, in writing) that the signs were not up on that particular day. If you can accomplish that, then your defense is as easy as citing VC 21655.5(b) itself:

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.