Carpool Lane Rules In California

**ac2008** · 03-14-2008, 06:21 PM

I live in Santa Clara, CA, and was riving to work as usual. A block from my house, I have to turn onto an expressway (3 lane major street) - it has a carpool lane along the right side so you have to go through it to get to the other lanes. This particular day, the traffic was very heavy and I wasn't able to switch into the other lane until crossing the next intersection but that's where a policeman was waiting to pull me over and give me a ticket. I had traveled less than half a block (around 0.3 miles). It's also difficult to get over close to the intersection because the second lane splits into two and people keep rushing to pass each other and get in what they think is the better of the two lanes (so it's difficult to tell where people are going to end up).

He didn't ask any questions at first or give me a chance to explain; he simply wrote the ticket. After doing so, I mentioned the short distance and that I was trying to get into the other lane. He seemed to realize that I had just got into that lane and wasn't trying to use it to get ahead but he'd already written the ticket and officers don't seem to change their mind after that point. So I'm trying to fight it in traffic court (trial by written declaration) - they didn't give me much time (around 2 weeks from the time they put it in the mail and I was out of town last week so it's due this Tuesday). Any info / help / suggestions / advice would be much appreciated. Thanks!

**aaron** · 03-17-2008, 08:40 PM

General information on carpool lane usage is here. I hope one of our California traffic law gurus can share some specific pointers.

**cdwjava** · 03-18-2008, 10:37 AM

What section were you cited under?

I think I know the expressway you speak of, though it's been a while ... there's one I know that has a carpool lane as you describe - the Sam Tomas Expressway, is there another?

- Carl

**ac2008** · 03-20-2008, 01:00 AM

Thanks for the replies.

It seems to be either CVC 40902 (?) or CVC 21655.5B-1. I think it's the latter - which just talks about hwy carpool lanes (or at least mostly about what vehicles can be in the carpool lanes during carpool times).

Yes, you're right - it was San Tomas expressway. Lawrence expwy also has a right-side carpool lane. There may be others.

**cdwjava** · 03-20-2008, 09:53 AM

Quoting ac2008

Thanks for the replies.

It seems to be either CVC 40902 (?) or CVC 21655.5B-1. I think it's the latter - which just talks about hwy carpool lanes (or at least mostly about what vehicles can be in the carpool lanes during carpool times).

Yes, you're right - it was San Tomas expressway. Lawrence expwy also has a right-side carpool lane. There may be others.

You were cited for 40902? That wouldn't be possible as that refers to written declarations. Or were you cited for 21655.5?

Knowing the area as I do (I grew up there, though I moved away before they made those lanes ... but I drive there frequently as family and friends still live in the area), I suspect the court may find your argument compelling. Since you need to pass into or through the lane to merge, and the dotted line exists for only a short distance, I suspect that unless the officer argues that the lane was clear adjacent to you, you might be able to prevail. But, it's a gamble that you will have to decide upon.

- Carl

**ac2008** · 03-24-2008, 08:37 PM

Hi Carl,

Thanks for your reply and sorry for the delay!

Well, I'm trying to fight it by written declaration - will see what happens. There's actually no change in the lines anywhere along the expressway - ie. it's white dashed lines all the way between each lane, including carpool one.

Hope you had a Happy Easter (maybe visiting family here?

.