California has a reputation for its traffic, and for good reason — one recent study found that highways in Los Angeles slow to an average speed of just 17 mph during busy times. One way that California is trying to relieve traffic is with HOV lanes.
But how exactly do these lanes work? Who can use them, and what happens if you’re caught using one incorrectly? Read on for all the details.
What Is an HOV Lane?
A High-Occupancy Vehicle (HOV) lane, also known as a carpool lane or diamond lane, is a program created to help relieve traffic on highways by encouraging ridesharing (also called carpooling). In general, these lanes may only be used by vehicles carrying a driver and at least one passenger, though there are exceptions, which we’ll outline below.
HOV lanes are typically located on the far left of the highway. In Southern California, they’re often separated from other lanes by a buffer zone. HOV lanes are denoted by signs posted along the highway, as well as white diamonds painted on the pavement.
The exact way that HOV lanes operate can vary by location, due to different amounts of traffic and different commuter patterns in California’s cities and regions. In many places, HOV lanes are only in effect during the busiest traffic hours of the day, and are treated as normal traffic lanes at all other times.
Types of HOV Lanes in California
In addition to standard HOV lanes, there are a few different types that come with exceptions and special use cases.
Part-Time HOV Lanes
Part-time HOV lanes are lanes that are treated as HOV lanes only during specific times (when traffic volume tends to be the highest, like during morning and evening rush hours), and revert back to normal traffic lanes outside of their HOV hours.
Outside of the posted hours, anyone can drive in these lanes, even single drivers without passengers, as long as they follow all other traffic laws.
Part-time HOV lanes will typically have signs posted to alert drivers of their hours.
High Occupancy Toll Roads
Another type of HOV lane is a high occupancy toll lane, also known as a HOT lane. Single drivers without passengers are allowed to use HOT lanes, but only if they pay an additional toll for doing so.
Vehicles limited to 55 mph speed limits, including tractor-trailers, school buses, and other large vehicles, are not allowed to use HOT lanes at any time.
Why Does California Have So Many HOV Lanes?
California state law says that HOV lanes are built “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.”
In other words, California uses HOV lanes as part of its strategies to reduce traffic congestion and improve air quality throughout the state.
In order to meet air quality standards, the federal government requires cities to meet capacity and improvement guidelines with their highway systems. In California, where there’s little space to build new highways or increase lane capacity on existing highways, HOV lanes help meet those federal requirements. There are several studies that show the effectiveness of HOV lane programs at improving air quality.
Who Can Use HOV Lanes?
In general, HOV lanes are restricted to vehicles that have two or more occupants. Under California law, this is defined as any person who occupies a safety restraint device (such as a seat belt or child seat). That means that school buses, charter buses, and sightseeing vehicles don’t necessarily meet the requirements, as many of their occupants don’t wear safety restraints.
Children count as passengers under HOV lane rules. Pets do not, even if they are using a restraint. Unborn children also don’t count as passengers under California law.
There are some exceptions granted for certain types of vehicles. Motorcycles, public mass transit vehicles, and blood transport vehicles (vehicles transporting donated blood from collection centers to storage facilities or hospitals) can always use HOV lanes, even with just one driver in the vehicle.
Clean air vehicles, plug–in hybrids, and alternative-fuel vehicles with one occupant may sometimes be allowed, if they’ve been issued a white or green decal by a California traffic authority. If you drive a hybrid or alternative-fuel vehicle, you can pay a small fee (typically $22) to apply for a decal, which is effective for four years and non-renewable.
Certain highways that get especially high volumes of traffic (including I-80 and I-880 in San Francisco, I-10 in Los Angeles, and I-5 in San Diego) require three or more occupants per vehicle. These highways have signs posted to alert drivers to their specific rules.
California’s HOV Lane Laws
Under California’s Vehicle Code Section 21655.5,
- The Department of Transportation and local highway authorities may designate high-occupancy vehicle lanes on highways under their jurisdictions.
- They must post signs stating the rules for using HOV lanes.
How California’s HOV Laws Are Enforced
The California Highway Patrol is the law enforcement agency tasked by the state with enforcing HOV lane rules. CHP’s stated goal is to keep violation rates less than 10 percent of total HOV lane users. If an area records violations in excess of 10 percent, the Highway Patrol receives notice to heighten patrols and enforcement in that area.
How much does a CA carpool lane violation ticket cost?
Violating HOV lane laws in California carries a minimum $490 fine. The fine can be higher for repeat offenders, and local counties can impose extra administrative fees in addition to the base fine.
This violation can also result in up to one point being added to your license. This can cause your insurance rates to increase, resulting in even higher costs. One estimate places the true cost of an HOV lane violation ticket, including fines and increased insurance premiums, over three years to be $2,700.
How Long Does an HOV Lane Violation Ticket Stay on Your Record?
As a one-point violation, an HOV lane ticket will stay on your driving record for three years in most cases. It may remain on your driving record for longer if you’ve already accumulated points on your license or you’re a repeat offender of HOV lane laws.
How to Fight an HOV Violation Ticket
Fighting an HOV violation ticket is very similar to fighting other types of traffic tickets. If you decide to plead not guilty, you typically must go to court and face a prosecutor, who will present evidence to a judge to try to prove you deserve the ticket. You will similarly use your own evidence to try to prove your innocence.
Though you can be found not guilty by default if the officer who issued the ticket doesn’t show up to court, don’t ever count on this happening. Instead, you can take several steps to prepare for your court date ahead of time and give yourself the best possible chance of making a strong, believable case to the judge.
Here’s what to do:
- Delay your court date if possible. This gives you the maximum amount of time to prepare.
- Gather all your evidence. Evidence can include photos, videos, testimony from eyewitnesses (like passengers in your vehicle at the time you received the ticket), and any other information that helps you build your case.
- Arrange to call witnesses to court. Your witnesses can be called to court to address the judge directly. Make arrangements with them to be available and present that day.
- Plan your questions. You have a right to question any witnesses, as well as the officer who issued your ticket. Plan your questions in advance to thoroughly examine the details of the traffic stop, the officer’s evidence against you, their training, and anything else that might support your case.y
Do You Have to Go to Court for an HOV Violation Ticket?
Only if you want to fight the ticket. If you choose to plead guilty and pay the fine, you do not have to go to court to do so. Simply follow the instructions written on the ticket, which should explain what court to pay your fine and fees to, how to pay, and the deadline for doing so. If you miss the deadline, you may be required to pay additional fees and penalties.
In some cases, you may be able to have a trial by written declaration. This means that instead of appearing in person to a courtroom, you submit a written statement to the judge that contains all your evidence. The judge then reviews your statement and evidence, and a statement and evidence submitted by the office who issued the ticket. The judge makes a decision, which you can appeal at an in-person court date if you don’t agree with it.
Should You Get an Attorney for an HOV Ticket in California?
It depends. If you decide to plead guilty and pay the fine for your HOV lane violation ticket, there’s no need to hire an attorney.
If you plead not guilty and go to court to contest your ticket, you have the option of representing yourself or hiring an attorney to represent you. It’s important to note that an attorney will have deeper knowledge of California law and court precedent, and may be able to create a stronger argument for your defense. But hiring an attorney comes with an added cost, and it’s important to weigh that cost against the cost of the ticket itself. If your goal is to save money by avoiding the fine, paying for an attorney can easily be just as costly.
Can You Go to Traffic School for an HOV Violation Ticket?
If you’re found guilty of an HOV lane violation, you can ask the judge to allow you to attend traffic school. While this won’t protect you from fines or fees, it can make up to one point on your driver’s license, meaning insurance companies can’t see the point and won’t raise your insurance premiums because of it. If you have a relatively clean driving record, this can help you save money over time by keeping your insurance rates low.
Online Traffic School: The Most Convenient, Affordable Option
If you’re looking for a traffic school to attend after getting an HOV lane violation ticket, Best Online Traffic School can help. It’s fully licensed by the California DMV, and offers courses that are entirely online, convenient, and fast to complete. Best of all is that you don’t have to pay until you pass your course.