Can a pregnant woman drive in the carpool lane by herself?
It may make sense on paper, but no, unfortunately you are not allowed to drive in the carpool lane only because you’re pregnant and “technically” are two people.
How can I drive in the carpool lane without other passengers?
Under California Vehicle Code 21655.5, Motorcyclists can enter the carpool lane at any time without other passengers.
Additionally, if you drive an electric, hybrid, or CNG vehicle, you can apply for an HOV sticker (formally known as the Clean Air Vehicle Decal under California’s CAV Decal program), which enables you to drive in the HOV lane even without other passengers.
If you’d like to learn more about the CAV Decal program, click on this link to learn more: https://ww2.arb.ca.gov/resources/fact-sheets/current-clean-air-vehicle-decal
Can a pregnant woman legally drive in the carpool lane by herself?
No. A pregnant woman cannot count her unborn child as a separate passenger in the car.
The CHP states that “California law requires two (or, if noted on signage near the carpool lane, three) separate individuals occupying seats in the vehicle” in order to utilize the HOV lane.
Even if it was permitted under CA law to consider a pregnant woman’s unborn child as a separate passenger, the pregnant woman would be violating the California Seat Belt Law (CVC 27315) which dictates that children under 2 years old must be in a rear-facing child’s seat, and the California Car Seat Law (CVC 27360) which establishes that all children, 8 years old or younger, must ride in the back seat of a motor vehicle with an appropriate child restraint system, which can be a rear-facing seat, a forward facing seat, or a booster seat, depending on the height and weight of the child.
What penalties will I face for driving alone in the carpool lane?
Under CVC 21655.5, you will be charged with an infraction rather than a misdemeanor or felony, which will be punishable up to a fine of $490.00.
What does the law state about carpool lanes?
Vehicle Code 21655.5 is the California statute that:
gives the Department of Transportation (DOT) the authority to designate preferential highway lanes,
allows the DOT to give instructions to drivers on how to use those lanes, AND
states that a driver cannot drive on those lanes unless they follow the DOT’s instructions.
The above rules allow the DOT to mark high-occupancy vehicle lanes as carpool lanes. They also provide the authority to penalize motorists who drive in these lanes without a second passenger.
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