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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 07-09-2014, 01:13 PM   #1
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Barnet Highway, passing in the HOV

I have a question. I was ticketed today for driving in the HOV lane at the end of Barnet hwy going into Burnaby, but here's my situation: I was not tailgating the person in front of me, and I noticed they were slamming on their brakes, then accelerating hard, then slamming on their brakes again. I wasn't comfortable being behind this person so I decided to quickly pass them. As I pass the car and change lanes back into the non-HOV an officer saw me and pulled me over and cited me for driving in the HOV lane. I asked her if it was illegal to pass someone if I felt they were driving erratically and she said it's illegal to be in the HOV lane at any time for any reason during the times posted.

Is this true? It seems like a really grey area to me. What if the person was going 20 in a 60? I'm still not allowed to pass? A more extreme example but it's kinda in the same context...
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Old 07-09-2014, 01:19 PM   #2
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If you could use the HOV lane to pass people, there would be no point to it. Everyone would just "pass" people. As far as I understand it, when HOV is in effect, unless you have 2 people in your car (or more) then no you're not allowed to be in it.
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Old 07-09-2014, 01:30 PM   #3
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HOV = HOV qualified vehicles. I assume the Hwy has more than just a single lane and a HOV? If so, why not pass in the other lane...or just back off from the erratic driver in front. Those are the questions I would ask of you in traffic court if you disputed the ticket. If it was a life & death emergency and the only place you had to move to avoid immediate danger, was the HOV, (a possible defence...but that was not the case) then you would not have gotten a VT in the first place for that situation. You chose to break the law & got caught.
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Old 07-09-2014, 01:31 PM   #4
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barnet hwy going into burnaby is single lane + hov
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Old 07-09-2014, 02:31 PM   #5
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You get no points for the infraction and you will need to pay $65. Small lesson learned.
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Old 07-09-2014, 04:12 PM   #6
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HOV also usually has a solid white line, consider yourself lucky your ticket also doesn't include that.
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Old 07-09-2014, 09:38 PM   #7
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barnet hwy going into burnaby is single lane + hov

Thanks for clarifying that for me...in that case, just back off. Way safer than trying to get ahead of an erratic driver. Rather have them in front where I can see them than behind where I can't.
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Old 07-09-2014, 10:16 PM   #8
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Im not saying I'm not going to pay the ticket. I'm just wondering because it seems like such a grey area to me
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Old 07-10-2014, 08:28 AM   #9
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How on earth can it be considered a grey area? Either you have the required number of people in your vehicle to be in the HOV lane, or you don't. For that stretch of road, when you don't qualify for the HOV lane, imagine that its a one-way, single-lane road (IE not possible to pass).
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Old 07-10-2014, 08:35 AM   #10
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^^ There's nothing grey about it..

Black and white. If you don't have 2 (TWO) people in the vehicle, then you can't use the HOV lane.
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Old 07-10-2014, 08:50 AM   #11
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So many people get tickets there because it slows down to 50, people think fuck it ill go around this slow guy, HOV is only for 2 more blocks in this lane, boom cop.
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Old 07-10-2014, 02:13 PM   #12
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yea I don't think that's valid excuse.

What gets me is the HOV lane on 99 south bound before massy tunnel, THAT is annoying because I get off on steveston highway, but traffic almost always back up way before HOV lane ends...

My dilemma is every morning I run the risk of being pulled over by going into HOV early......as to avoid coming to a complete stop then merge into the exit , quite dangerous if you ask me, as cars can be travelling at 80km/h+ while exiting....

Last edited by nsx042003; 07-10-2014 at 02:26 PM. Reason: typo
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Old 07-10-2014, 02:18 PM   #13
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I envy you guys and your correctly-done HOV lanes, ours are a mess
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Old 07-10-2014, 03:41 PM   #14
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yea I don't think that's valid excuse.

What gets me is the HOV lane on 99 south bound before massy tunnel, THAT is annoying because I get off on steveston highway, but traffic almost always back up way before HOV lane ends...

My dilemma is every morning I run the risk of being pulled over by going into HOV early......as to avoid coming to a complete stop then merge into the exit , quite dangerous if you ask me, as cars can be travelling at 80km/h+ while exiting....
I see that everyday on Lougheed between Gaglardi and Production Way. It's not as long as the HOV Lane on the 99, but cops always camp there looking for people who pull into the bus lane. I legitimately need to turn right onto Production to get to my office, but there are plenty of people who pull into the bus lane to pass traffic.
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Old 07-10-2014, 04:47 PM   #15
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If OP has a dash cam and catches the driver in front break checking, slamming break repeatedly for the purpose of creating an accident, OP may have a case in court.
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Old 07-10-2014, 04:52 PM   #16
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If OP has a dash cam and catches the driver in front break checking, slamming break repeatedly for the purpose of creating an accident, OP may have a case in court.
If the OP was smart though, he would just give the driver more space.
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Old 07-10-2014, 04:57 PM   #17
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OP why would you want someone who is driving erratically BEHIND you where you can't see what they're doing instead of in front of you where you can be proactive in avoiding an incident?

Personally if I see someone driving like a moron, I back off. I like being able to see what's happening instead of simply reacting to it.
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Old 07-10-2014, 05:46 PM   #18
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So... you would rather have the erratic driver slamming his brakes and speeding up behind you?



As it's been said in this thread already, HOV is for HOV qualified vehicles.

Edit: What Inaii said.
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Old 07-10-2014, 06:45 PM   #19
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you could also flash your high beams and hope they move...but then the officer woulda prob got you for that LOL its a shame too many ppl are in the left lane and drive like a potato..
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Old 07-10-2014, 07:16 PM   #20
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you could also flash your high beams and hope they move...but then the officer woulda prob got you for that LOL its a shame too many ppl are in the left lane and drive like a potato..
Barnet Hwy during HOV hours is horrible for this... all it takes is one geriatric to be going 10-20 under the speed limit and it creates traffic. I see it almost every time I pick up my GF and drive her home during rush hour. There never is any "real" traffic on Barnet, just a slow guy holding up everyone else. IMO there should only be an HOV lane if there are already 2 other lanes, so that people can pass and slower drivers can keep right. Just my $0.02
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Old 07-17-2014, 01:00 AM   #21
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nah the only time there's traffic in the barnet highway during HOV hours is when they do HOV checks near the exit of the highway.. other than that.. most of the time you are going at least 70-80km.. and whenever there's heavy traffic on the left lane.. you know there's a HOV check 9 out of 10 times.. and yet people are still being caught all the time lol... it's kind of obvious =\
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Old 07-23-2014, 09:39 AM   #22
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$5 says the OP WAS actually tailgating.. and the 'erratic driver' was trying to get the message through their thick skull that they didn't want to be tailgated that close.

Some people..
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Old 07-24-2014, 11:16 PM   #23
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OP gets HOV ticket; possible drunk gets off free. Sounds about right.
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Old 08-05-2014, 09:15 PM   #24
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Ride a motorcycle so you can tear shit up in the HOV.
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