Carpool violation Question

[idontthinkuheard]

My wifes company owns a propane box truck and when they bought the truck a sticker signifying the truck to be a clean air, single driver, carpool vehicle was issued.

Anyway, recently the driver got a ticket for being in the carpool lane, I guess the issue is weather or not a pure propane driven truck is considered a clean air, carpool acceptable vehicle?

Is there a way to determine what type of vehicles are allowed to be driven in the carpool lane with only one driver. I have done a lot of research and gotten a a lot of "I thinks" and "I guess so's"...Any CHP input would be very much appreciated. THANK YOU!

[Mom]

CVC 21655.9 (Not a CHP though, and I don't play one on TV or the Internet.)

[2100VC]

The DMV has pretty much spelled it out. If they (the DMV) gave them the stickers, then it should have been a qualifying vehicle. Either way you can research it on DMV's website here (http://www.dmv.ca.gov/vr/decal.htm). An officer in the field would have no way to know if the vehicle is a qualifying vehicle. If the vehicle had the DMV stickers and is clearly a LPG or CNG vehicle then I would have to assume it is ok to be there.

I would also check CARB's website here (http://www.arb.ca.gov/msprog/carpool/carpool.htm) to see if the vehicle is listed. Funny though, I don't see any propane vehicles, only CNG, however the DMV sticker request form does indicate LPG as an option.

Remember, just because the manufacturer puts ULEV, SULEV or "clean air" stickers on a vehicle doesn't mean a person can ride solo in a carpool lane. It is required to have the DMV carpool access stickers. It's got to be one of these:

http://www.dmv.ca.gov/images/clean_air_white.jpghttp://www.dmv.ca.gov/images/clean_air_yellow.jpg

Based on how you explained the situation, someone may have thought that since the vehicle is a clean air vehicle then it is ok to drive in the carpool lane solo. You have to take one extra step with the DMV before you do that.

Hope that helps.

2100

[bcjack]

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.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=94942719341+0+0+0&WAISaction=retrieve

[BoySergeant]

Last time I checked with the DMW, they were OUT of any new stickers for the moment... seems they have filled their allotment.

[idontthinkuheard]

Hold everything... I had a funny feeling... So i went out and inspected the sticker and it is a different one other than the ones given out by the state. It has a diamond and says clean air vehicle but not exactly like the ones issued.

See what happens when one assumes... how does the saying go :cool:

So case closed, thanks again everyone for input.:closed:

[PITTM]

Last time I checked with the DMW, they were OUT of any new stickers for the moment... seems they have filled their allotment.

This is true for the yellow, hybrid stickers only. Electric and natural gas(white) stickers are still available as of a month ago.