From the San Jose Mercury News.... Q I have been enjoying the use of the Highway 101 carpool lane in my Honda Civic hybrid, while getting 46ish mpg. Is it also OK to use the carpool lanes on Central, Lawrence and other expressways in Santa Clara County? A Hybrid owners, I have bad news: No. Due to an oversight, hybrid owners -- for now -- with carpool stickers cannot drive solo in diamond lanes on Montague, San Tomas, Lawrence, Central and Capitol expressways. Legislation permitting this on state highways does not refer to carpool lanes set up by a local agency, such as the county. Local officials will seek legislation next year to correct this silly oversight, but it could be 2007 before the change occurs. In the meantime, Dan-the-County-Man says the California Highway Patrol will enforce the hybrid ban on our expressways: Are there any lawyers out there with Prius that would take on the challenge of making this go away?
Awwwwwwwwwwwwwww fudge. Santa Clara County could always pass a provision/ordinance whatever allowing them. But since Toyota is not gonna give a kickback to Gonzales (ala the garbage company) we're probably SOL.
I'm gonna continue using the lane when it is appropriate. If ticketed I'll plead not-guilty and request a jury trial. I think that there would be enough confusion in the way the law was written and the fact that there is nothing on the diamond lane signs that indicates I cannot use the lanes I would get an aquittal from the jury. Besides, I'd really be interested to know who is behind prodding the cops to enforce something like this. Probably some clown driving a Hummer. h34r: And I would hope that a trial would bring that to light. BTW, my view of appropriate use of the HOV sticker is to use the diamond lane and move to the right when someone rockets up behind me at 75++. I tend to drive at about 65 mph which often is too slow for the lead foots that seem to think the diamond lane equates to the left lane on the Autobaun.
You are not entitled to jury trial when charged with an infraction in California. You'd be lucky to have a judge hear such a case. Most of the time, these cases are heard by lawyers who volunteer their time to sit as judges pro-tempore.
The truth is spoken. My gf was driving home at @:40 and didnt realize it had turned 3pm and got 'stuck' in the carpool lane on the connector 237 -> 880N. Cop gave her the fat ticket. No traffic school or trial available. Besides, how ya think they gonna keep funding the new ginormous SJ City Hall.
How are you supposed to know who set up the carpool lane? Is it posted? If it isn't posted I'd fight the ticket.
The National Motorists Association at http://www.motorists.com/ has good advice on fighting tickets. I don't know what they might have on this particular topic, but it doesn't hurt to ask.
That's laaaaaame. I don't live in Northern Cal YET, but my wife and I are planning on moving up there in the next year or two. Hopefully this gets cleared up by then.