Caltrans fines for car-pool cheats too stiff, unfair

0 Comments | Oakland Tribune, Sep 18, 2007

RECENTLY, the Federal Highway Administration came down rather hard on Caltrans, saying car-pool lanes are too clogged by dastardly solo-driving cheaters, and the federal agency told the state to do something about it. After much thought, Caltrans thought the best route is through your pocketbook -- in a big way.

Caltrans wants to fine car-pool cheaters $700 for driving in the diamond lanes, nearly three times the amount of its posted $271 violation. Caltrans will tell you the fine now is more like $500 with court fees and other goodies attached -- so does that mean $700 is actually around $1,000?

While we understand the frustration and pressure Caltrans is under, is this really a fair increase? Maybe the cheaters are causing part of the congestion on our freeways. Caltrans estimates speeds have fallen below 45 mph in 46 percent of the car-pool lanes, and more than 20,000 cheaters were ticketed last year.

However, we believe the punishment should fit the crime. Car- pool cheating, as far as we know, has caused few if any, fatal accidents, but consider some other estimated fines from various Web sites on moving violations -- unsafe passing on the shoulder is $130 fine and running a red light is $350, and both can cause major accidents. A person under 21 who is caught for drunken driving is fined $390 for a first offense. Yes, we know about the license suspension, lawyers, towing and rising insurance costs on that one, but it is still noteworthy.

Caltrans has some obvious alternatives, such as adding an additional hour in the morning and evening to car-pool lanes; adding more lanes; limiting entry and exit points; and the best deterrent of all, bringing in more law enforcement to scare away cheaters. Hybrid drivers should remain exempt until 2011 -- the state made a deal and should stand by it. Many hybrid drivers bought their cars for that car-pool exemption.

These ideas are much better than initiating an unfair increase in fines. Have we reached the point where it costs more to cheat in a car-pool lane than risk lives flying through a red light? We hope not.