Only seated passengers count in carpool lane
Personal Injury News
Article Date: 5/18/2009 | Resource: MLG
Only seated passengers count in carpool lane
“Question and Answer”
Q. There is some confusion about who is considered a passenger when travelling in a carpool lane. Does a body being transported in a hearse count as a passenger? What about a pregnant mother? Does her unborn child count?
A. When determining eligibility for carpool use, the dead body does not count as a passenger, according to information provided by the California Highway Patrol. To be considered a passenger, the individual must “occupy a separate seat in the vehicle.”
The same rules apply to pregnant mothers. According to the CHP, “until your passenger is capable of riding in his or her own seat, you cannot count them.” Infants and children do count as passengers because they require their own seats.
Q. Inland resident David Underwood wrote to say he believes that someone he knows has been in the state for several years and still has an out-of-state license plate. He believes they should already have California tags. He wanted to know more about the law, and how he could report the violation.
A. According to the Department of Motor Vehicles, any vehicle owned by a California resident must be registered “upon entry into California unless a special permit was obtained.” Visitors whose vehicles are properly registered to them in their home state may continue to operate their vehicles in California. Drivers are required to register their vehicles in California once they have:
Accepted gainful employment in California
Claimed a homeowner’s exemption in the state
Rented or leased a residence in California
Indicated their intent to live or be located here on a permanent basis. They might, for example, acquire a California driver license or register to vote.
Enroll in a college, university or other institution of higher learning as a California resident or enroll their children or other dependents in a K-12 school.
Once an individual has taken such steps, they must register their vehicle and pay the required fees within 20 days to avoid penalties.
Military personnel and their spouses who are stationed in California but have not established residency may continue to operate their vehicles with valid out-of-state plates.
To report improper tags, you may call the DMV at 1-800-777-0133.
Q. Inland resident Katie Delatorre wanted to know: Is it legal for a motorcycle to drive right beside a car in one lane? Also, more specifically, are motorcyclists allowed to make a right turn in one lane alongside a car?
A. Motorcyclists can legally drive in three different positions within the traffic lane. They can drive slightly to the left, slightly to the right, or in the center. The Department of Motor Vehicles’ handbook for motorcyclists suggests that the safest place for motorcyclists to drive is in the center lane. “Cars and motorcycles each need a full lane to operate safely. Lane sharing is not safe.” So, although the practice of sharing lanes is legal, it is not recommended.
The same is true of making right turns on motorcycles – legally, a motorcyclist can turn alongside a car, sharing the same lane. But the practice is not recommended by the DMV because of safety concerns.
Other drivers can help keep lane-sharing motorcyclists safe by respecting their right of way and working to safely share the road. Drivers are encouraged to make a visual check for motorcycles when they are changing lanes and to use mirrors, because their small size makes it easy for motorcycles to disappear into a vehicle’s blind spots.
The Press-Enterprise
For more information regarding this article please contact:
Jeffrey Marquart
(949)589-0150
jmarquart@marquartlawgroup.com