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CA HOV White sticker

Discussion in 'Model S' started by Maximilien, Jan 30, 2017.

  1. AAARSINIC

    AAARSINIC Member

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    I was told the same when I called yesterday, but also told that some employees can be a bit behind in their "stacks" and to check again in another week. FYI I submitted 12/28/16 and the check hasnt been cashed yet as of today.
     
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  2. luvnMyTS

    luvnMyTS Member

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    I think you're partially correct with your comparison to not having license plates on the car. However, I do know with certainty, that not putting your plates on a car that is legally registered is simply a "fix it" ticket. They cite you, put the plates on, have it signed off and the ticket is cleared for a small fee ($25) if I remember correctly. If you drive the car without plates and it is not registered, naturally that is a much more serious issue. I think the carpool lane stickers could fall into the same category and be treated as a "fix it" ticket, again assuming that the car is legally registered to use the HOV lanes. I've tested and proved the theory with license plates, but "knock on wood" haven't yet been able to prove if carpool lane stickers not being displayed would be treated the same. Logically, they should be, but we all know, our government isn't always logical.

    Possibly someone else can weigh in with an answer? Anyone that has carpool lane stickers and the car is legally registered to use the HOV lanes been cited for not having the stickers displayed? Did they allow you to correct it and have it signed off for a reduced fee? I know the $400+ fine is for driving in the carpool lane illegally, meaning without two or more persons in the car or in a car not legally allowed to do so. So the question is, what if the car is in fact legal, is it a fix it ticket?
     
  3. Joelc

    Joelc Member

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    Maybe @caltechkid can ask his friend as mentioned in the earlier post here.
     
  4. skilly

    skilly Member

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    You are confusing the fix it ticket with not displaying your back plate - at least in California. The rear place it has the registration sticker and if you have it and don't put that on, its a fine that can't be "fixed". The fix it ticket is for people that don't have a front place. Typically, the cop will waive the ticket if you come to the station with your plate affixed...usually they don't want you to fix it, because it gives them grounds to pull you over whenever they feel like it - for example, if you're leaving a bar late at night, they can use it as a legal reason to pull you over.
     
  5. chillaban

    chillaban Member

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    *puts amateur Internet lawyer cap on*

    This is a fun one, and I've done the research before while deliberating whether or not to put any plates on my car:

    The relevant vehicle code you are referring to is (emphasis mine):

    Section 40303.5 states that anything in division 3 starting with Section 4000 is in fact correctable:
    However, section 40610 is where the good news stops. It lays out the exclusions at the officer's discretion for declaring a violation uncorrectable:

    So if you get busted multiple times for not showing your plates (front or rear) or registration tabs, that will likely fall under "persistent neglect". Otherwise, if it really is your first time and you don't present any evidence of not displaying plates for the purpose of fraud, the law states the officer shall mark your violation as correctable. I would take any failure to do so to court.
     
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  6. Drekar

    Drekar Member

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    #46 Drekar, Feb 1, 2017
    Last edited: Feb 1, 2017
    Also waiting. Below from the DMV website.

    14. Q: How soon will I receive the CAV decals?

    A: Applications are processed in the order they are received and usually within 30 business days.

    15. Q: Must I wait to drive as a sole occupant in the HOV lanes until the CAV decals are received and affixed to my vehicle?

    A: Yes. Do not drive as a sole occupant in the HOV lanes until you receive the CAV decals and affix them to your vehicle.

    Clean Air Vehicle (CAV) Decals - High Occupancy Vehicle HOV Lane Usage

    - Note business, not calendar, days.
     
  7. luvnMyTS

    luvnMyTS Member

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    @skilly, you are absolutely incorrect. @chilliban, good job proving my point.

    I know for certain simply because I've been one that likes to keep my car looking new in some cases and therefore waited much longer to put the plates on the car. One time, I think I went about a year. Never got pulled over for it. I did get pulled over for another violation. Honestly, not having the plates on the car saved my butt. The officer knew he had to write me a ticket for something. My not having plates on the gave him something to write me up for while letting me slide on the moving violation.

    The point however is, it absolutely, 100% was a correctable "fix it" ticket, as I already noted in my prior post. If the car is registered and is legal, it's simply a fix it ticket for not displaying the license plates. The question however wasn't about license plates, it was, if Carpool Lane stickers would fall into the same category? Logically, if license plates are a fix it ticket, would think the same to be true for not displaying Carpool Lane stickers, assuming the car has been registered for the HOV lane and is legal. This one however, I'm not certain of. Still hoping someone can answer it with certainty.
     
  8. CuriousG

    CuriousG Member

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    Doesn't make sense why one would steal the sticker. If you're going to go that route, you may as well counterfeit it.
     
  9. luvnMyTS

    luvnMyTS Member

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    My guess would be that the stickers on the Volt were the green stickers, so maybe they're harder to counterfeit? Who knows why criminals do what they do?
     
  10. chillaban

    chillaban Member

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    I had someone unplug my car and I ended up getting ticket for "hogging" a charger. I think some folks exist that just get a kick out of causing harm to others regardless of whether or not it benefits them.
     
  11. chillaban

    chillaban Member

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    Unfortunately, I can answer that too and logic is apparently not very valued in the world of legislation.

    The CVC section regarding carpool lanes can be found here: California Vehicle Code - VEH § 21655.9 | FindLaw

    Namely (emphasis mine)
    Unfortunately, your carpool stickers, properly applied, are your golden ticket to the HOV lane. NOT your car model being eligible. Not your application. Technically speaking you must also produce the special registration document specified in 5205.5 that you get sent with the $22 license fee.

    With that said, in this case you are kind of hedging your bets that the cop is not an expert that has memorized the CVC word-for-word for whatever he's ticketing you for. I think in general, a cop that sees a Tesla will assume it's an electric car and HOV eligible. Unfortunately some cops do specialize in HOV enforcement and probably do understand the nuances of the law. Other cops in certain parts of CA may have a personal vendetta against electric cars. But bottom line: If you were to go to court for this, you would have nothing to fall back on for a defense. These moving violations are not correctable, and you would technically get fined the same amount as a gas guzzler single-occupant in the HOV lane.
     
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  12. Socalcommuter

    Socalcommuter Member

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    I've noticed about 4 Teslas with their hov white stickers but no plates. I thought you could only apply once you got your plates?
     
  13. MIT_S60

    MIT_S60 Member

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    Those you saw have the plates but did not put them on the car.
     
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  14. luvnMyTS

    luvnMyTS Member

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    @chillaban, I think you mis-read part of the vehicle code text when you bolded "property APPLIED". Vehicle code actually says "properly "DISPLAYED". There is a difference. Where's the definition as to what "properly displayed" is? Still think you'd have a case in court. Still hoping to hear from someone that as actually received a citation for this to see if it turned out to be a correctable citation.

    Can't imagine it being a moving violation simply because you didn't display the stickers. My dad has one and he put his on the lower plastic part of the bumper, below the painted area. They don't stick as well there. One by one they came off at various times. So in that scenario, is he going to get a moving violation because the sticker cam unattached to the vehicle in the rain?

    My next question would be, is a carpool lane violation, assuming you are in a car that's not supposed to be there and have only one person in the car, really a moving violation that counts for points against your record? I've seen drivers cross over the double yellow to get in or out of the HOV lane and can easily see that being a moving violation.. Also, there's a difference you left out, stating having an application in is not enough, but what about if you the registration and Carpool late stickers in the car. The, only thing then would be , not having them displayed on the car, but they are "displayed in the car. To me, that is properly displayed.
     
  15. idealsol

    idealsol Member

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  16. demundus

    demundus Member

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    I drove the 5 from Oceanside to Irvine for about 2 years with my S. They are patrolling, but I don't see them too often. As a Tesla, I think you'd slip under the radar long enough to make it worth it for you if traffic is bad. I've never seen an HOV camera except for the 15 in san diego (my new commute) or on the toll roads like 73 etc;
     
  17. Gizmotoy

    Gizmotoy Active Member

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    Twice I've gotten loaners with a temporary registration (so no plates) and white stickers. Might have something to do with the original owner having custom plates (which they get to keep when changing vehicles). Technically the stickers go with the plate, so were invalid without them, but no one removed them.
     
  18. skilly

    skilly Member

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    He charged you with something fixable...thats called police discretion. Its reasonable to assume that if you are randomly pulled over for no plate and its sitting inside the car, they will likely give you a fix it ticket...not withstanding the other example that I gave, where they use it as the reason to pull you over at night after you leave a bar (or just late at night in general).

    Consider that its just kinda dumb to leave it off...that includes the stickers too and CHP aren't exactly known for their flexibility. Vanity isn't really an excuse and you are exposing yourself to a potential fines (that sounds like I am wagging my finger in disapproval but Im not - I swear!).

    The stickers only ever matter in the case of an HOV lane that in California can also act as a toll road in many cases. In the case of no plate and you get caught on a toll road, or bridge thats a fine you probably won't get out of, and I suspect you won't have the option to "fix" your car either. The CHP has been given a mandate to be particularly hard on cars that get caught in that situation. In the Bay Area there are toll roads and even a different fee structure for cars going over bridges if they are car pool lane drivers. So, no plate or stickers and no transponder, and your basically stealing.
     
  19. caltechkid

    caltechkid Member

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    Thanks for the mention - just checked and he said it was not a fix it ticket - rather the full $491 carpool violation, unf.
     
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  20. caltechkid

    caltechkid Member

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    Got off the phone just now - told they're working on Jan 5th as well but the lady also noted that "she doesn't believe that at all" and it should be more like mid to late December. WTF...even for the DMV this is ridiculous.
     
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