Fine for driving in HOV lane without CAV decal is $238.

Apparently, the fine in California for driving an HOV-eligible vehicle without CAV stickers displayed is $238, which I believe includes the "penalty assessment" fee (additional fees which accompany every ticket in California). Driving a qualifying vehicle without CAV stickers is a violation of CVC 21655.9(b), "driving a low-emission vehicle without required label or decal." Still, this is far less than the normal HOV violation, "improper use of preferential lanes," covered by CVC 21655.5(b), which I believe is a whopping $490, including the penalty assessment.

Note that there is an additional violation for crossing HOV lanes, "driving over double lines of preferential lanes," covered by CVC 21655.8(b). However, this violation is considered a moving violation, and while it carries the same fine as 21655.5(b) of $490, it also comes with the additional penalty of adding a point to your DMV driving record (and hence, increasing your insurance rates). Neither CVC 21655.5(b), nor CVC 21655.9(b), incur any points.

I hope you didn't find this out the hard way :|

Ha! No, thank goodness! I was just wondering what the actual fine was, so I happened to do some checking this morning. I've been using FasTrak HOV lanes on the 105/110 freeways here in Los Angeles ever since I got my FasTrak transponder a couple weeks ago, knowing I was taking a chance. I mailed in my CAV application with a Bank of America cashier's check attached (thinking this might be faster than clearing a personal check), exactly 14 days ago, so I still probably have a couple of weeks to go before I receive my stickers.

Hmm doesn't that limit the number of cars sold to the number of stickers available? Thus the state can legislate the number of "HOV-eligible vehicles". (Because you get a ticket if you have a car with no sticker thus you shouldn't get the car unless you can get a sticker...)

Not really a "free market"....!

The number of white clean-air vehicle (CAV) decals issued to ZEVs and near-ZEVs by the state of California is unlimited. Green CAV stickers are issued for AT-PZEVs (e.g., Prius plug-ins, Volts, etc.), and are limited to only an additional 15,000 stickers for 2014-15. Since the original issue of 55,000 green CAV decals had been exhausted some months ago, there is some number less than 15,000 green CAV decals remaining (if any), to be distributed among the few lucky buyers of new hybrid vehicles (AT-PZEVs). Both white and green CAV decals have been extended by the California legislature to remain valid until January 1, 2019.

It pains me to think about the number of green stickers that were wasted on plug-in-Prius cars with their ridiculous AA sized batteries. These would have been better used to give incentive to purchase "real" PHEVs like Volt, Energi, and BMW with range extender..

I don't like this. If I visit California in my PHEV I'd like to be able to drive in the HOV lanes to avoid traffic since I'm driving a clean air vehicle. At least I can drive in the HOV lanes with passengers in the car, right?

I guess this also explains why many dealerships apply the stickers before the cars are sold. I imagine that some buyers would be cranky if they were forced to wait for the sticker instead of buying the car with the sticker already applied.

Yes, anyone can drive in the HOV lane if there are enough people in the car (usually just two, I think some locations require 3)

And yes, people are cranky when the need to wait. Worse...if you do it yourself, you need to know the license plate number so you can't even apply right away. So it's really good if the dealer can do it.

The problem occurred when the allowable number of stickers was getting small. Dealers hoarded the stickers and buyers couldn't get them.

michael said:

So it's really good if the dealer can do it.

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Unless you don't trust the dealer to do a very good job of applying the stickers. I wouldn't.

hybridbear said:

I don't like this. If I visit California in my PHEV I'd like to be able to drive in the HOV lanes to avoid traffic since I'm driving a clean air vehicle. At least I can drive in the HOV lanes with passengers in the car, right?

I guess this also explains why many dealerships apply the stickers before the cars are sold. I imagine that some buyers would be cranky if they were forced to wait for the sticker instead of buying the car with the sticker already applied.

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Yes any car with two or more people in it can use the HOV lanes free in California.

Yeah in San Diego county all the Ford dealers appear to purchase quantities of the white stickers for the FFEs (and green stickers for the Energy plugin-hybrids) in advance for the applicable cars on their lot, so I could use the HOV lane on the one freeway nearby that has one right away. Though unfortunately yesterday the HOV lane stops just where the worst area of rush hour traffic was on the freeway, so it didn't help much. I do like to use it late at night to drive slower on that portion of the freeway (like 55mph) with little traffic to get a little lower Wh/m.
I'm finally managing to average under 250Wh/m now with typical estimated range of ~80miles, goes up to 90+ miles when I get stuck in several miles of slow rush hour freeway traffic...

WattsUp said:

michael said:

So it's really good if the dealer can do it.

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Unless you don't trust the dealer to do a very good job of applying the stickers. I wouldn't.

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They don't actually apply the stickers. They give them to you. At least that's what Keyes Chevy and Carson Toyota did for me. Sunrise Ford made me get my own and it took two months.

michael said:

They don't actually apply the stickers. They give them to you. At least that's what Keyes Chevy and Carson Toyota did for me. Sunrise Ford made me get my own and it took two months.

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The San Diego County Ford dealers I went to a couple months ago all applied the stickers right away, all the FFEs sitting on their lot already had them on when I did a test drive.
So it varies with area apparently.

hybridbear said:

At least I can drive in [California] HOV lanes with passengers in the car, right?

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In the greater Los Angeles area, the normal minimum is 2+ on the 105/110 FasTrak lanes; however, Metro has the authority to increase the minimum occupancy to 3+ on these lanes (indicated by electronic signage when in effect), depending on how heavy the traffic is. The 405 and 101/134 HOV lanes are 2+, regardless (no electronic signage). The 10 freeway increases minimum ridership to 3+ during rush hour for their HOV lanes, indicated by posted, non-electronic signs.

Note that single-passenger EVs are not exempt from tolls when using certain Orange County-based FasTrak HOV lanes (which are billed using a different system, but may use the same transponder):

"[Q:] Can hybrid or electric vehicles travel The Toll Roads for free or at a discount? [A:] Hybrid and electric vehicles are subject to standard toll rates on The Toll Roads." --from the Toll Roads [Orange County FasTrak agency] FAQ.

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While certain others do:

[Q:] Can electric vehicles travel the 91 Express Lanes for free or at a discount? [A:] If you drive a pure zero-emission vehicle (100% battery electric or hydrogen fuel cell), you may be eligible for a Special Access Account. Special Access Accounts are available for customers who always drive with three or more people in their vehicle, drive a motorcycle, a pure zero emission vehicle as certified by the California Air Resources Board, or have a disabled veteran or disabled person license plate issued by the DMV. --91expressslanes.com.

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Also, some Orange County tolls may or may not apply based on occupancy alone, and rates and policies vary by specific toll road. For example:

"Account holders with three or more people traveling in their vehicle travel toll-free except Eastbound, Monday through Friday from 4-6 pm. During this peak time carpools of three or more receive a 50% discount on the posted toll." --91expresslanes.com.

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Also, while Los Angeles-area FasTrak HOV systems use a mechanical switch on the transponder to indicate occupancy [1, 2, or 3], other agencies may instead require you to defeat the RFID signal in the transponder by hiding the transponder in the supplied mylar bag for toll-free FasTrak lane usage when traveling with the minimum required occupancy. For example:

"If you plan to use the I-15 Express Lanes [in San Diego County] as a valid carpooling vehicle, be sure to place your transponder in a mylar bag to avoid being charged." --South Bay Expressway fee schedule.

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As you can see, rates and policies vary significantly by agency regarding EV use on various FasTrak HOV lanes in California, and it appears that a number of FasTrak-monitored toll roads south of Los Angeles County do not grant any special privileges to vehicles displaying valid CAV decals.

studio460 said:

If you drive a pure zero-emission vehicle (100% battery electric or hydrogen fuel cell), you may be eligible for a Special Access Account.

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Yes, I have a 91 Express Lanes Special Access Account. To get the account, you do have to put a $25 deposit down (for other toll usage).

You did a great job in explaining all the various tolls and exceptions.

That's so confusing!! When we were in Cali a few years ago on vacation we stayed out of the HOV lanes even though we were always 4 ppl in the car just because the signage was so confusing...

Our lanes here in Minneapolis are simple: motorcycles, buses & vehicles with 2+ ppl can use carpool lanes. Many now have MNpass installed which allows solo drivers to use the HOV lanes by paying a fee with a transponder mounted in their car. The fee varies based on traffic from $0.25 up to $8.00. Most days it's $1.50-$2.50 depending on traffic. Unfortunately we don't have any permissions for low emission vehicles to use HOV lanes.

hybridbear said:

That's so confusing!! When we were in Cali a few years ago on vacation we stayed out of the HOV lanes even though we were always 4 ppl in the car just because the signage was so confusing...

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Yes, it's idiotically confusing. However, I should clarify that I'm mixing up conventional toll roads with state-funded HOV lanes. All California interstate HOV lanes honor CAV decals, and typically also have only a 2+ minimum occupancy with a few exceptions (e.g., the 10 freeway in the San Bernadino area during rush hour). For example, the "San Diego Freeway," known locally as simply the '405,' is now one of the nation's longest continuous HOV lanes (just completed a few months ago). These lanes are available to both white and green CAV decal-holders, and all vehicles with 2+ occupancy (with no rush hour restrictions that I'm aware of).

The confusion stems from a state-wide mandate that all toll systems standardize on a single transponder system (i.e., "FasTrak"); however, since toll roads are operated by various private interests, rates and EV policies vary wildly among these systems. Since they're really toll roads, and not specifically 'HOV' lanes, this actually makes sense. Some let you drive your EV for free, but if driving only infrequently, it often doesn't pay to open a "free" account, since you're still responsible for monthly maintenance fees on the account.

Nevertheless, most of the South Orange County toll roads have adopted a more consumer-friendly, pay-after-the-fact toll collection method (without incurring a fine). Your license is photographed, and if you don't have the appropriate transponder account, a bill for the toll is mailed to your car's registered address.

I'm driving my son-in-law's Chevy Spark in the HOV of the 405 this morning at 8 am. I'm doing 10 mph, minding my business, and the HP comes in behind me, turns on his lights, and motions me across four lanes to the side. There is a white HOV sticker on both sides in the proper places, the matching card in the glove box, the registration, insurance papers, and I have my current driver's license. However, there is no white sticker on the back of the car, so he writes me up for 21655.9 (b) violation. Ran across this search trying to decide if I should try to fight it, or just pay the fine and move on. It must have been a slow day at the HP.

brlister said:

Ran across this search trying to decide if I should try to fight it, or just pay the fine and move on.

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I think you should fight it.

Force the busy-body officer to come to court and explain why he wasted everyone's time over one missing sticker that he could have simply written a fix-it ticket for, or merely reminded you to affix as soon as possible. Especially considering you were borrowing the car.

If the officer doesn't even show up, chances are the judge will be reasonable, especially if you can show proof that the sticker has now been affixed (which I would recommend you arrange for), and might dismiss the ticket entirely.

Of course, just be reasonable in court yourself... never angry, merely prepared, composed, logical, and respectful.

I can see it both ways.

On the one hand.

You were properly entitled to use the carpool lane
You were displaying the big butt ugly stickers
I m not aware where it's stated there's a law how they need to be displayed...all I've seen is the pamphlet that comes with the stickers saying please mount then thus and so
Green sticker cars are supposed to have a front sticker as well and very few people affix them

On the other hand

Maybe the cop was behind you and couldn't see the side stickers
Once he pulled you over, he wasn't going to not bother grabbing your money
Given that the ugly big stickers were in place, what's the logic of not putting the subtle little on on too?


If you like, try trial by written declaration. Good chance you will get away with it

I think that last response hit the nail on the head. I think he didn't see the side sticker until I was pulled over, and he didn't want to go through the trouble of pulling me over without giving me something. The truth of why the sticker wasn't on the rear....the car is my son-in-laws, it had never been on the freeway (he used for local commuting) until last week and the lease is up in four months. He put the side ones in a location that he thought could be removed when the lease is over, and didn't want to mess up the back bumper. We will figure out how to put the back one on to drive until the lease is up.