Pool Lane Offense Is Point of Contention

Dear Street Smart:

I read in your column that a diamond-lane offense is not a moving violation and does not affect a motorist’s driving record. Unfortunately, my insurance company said that this is only a matter of opinion and that my car-pool lane ticket is considered a point on my record.

The company will be charging me more than $100 a year extra because of this. I am confused about this issue: When I originally got this ticket, the court also told me that it was not a moving violation.

Is there an official statement on California Highway Patrol letterhead or on Department of Motor Vehicles letterhead regarding this issue? That says whether it’s a moving violation or not?

I’m wondering whether my insurance company is trying to squeeze extra money out of me. Cathleen Mills

Newport Beach

Sounds as if the squeeze is on.

Officials with the Department of Motor Vehicles in Sacramento say a ticket for driving alone in a car-pool lane is not a moving violation and does not count as a point on your driving record. Period.

But the plot thickens. For bookkeeping purposes, these car-pool lane offenses do appear on a computer printout from the DMV that insurance companies use to determine how much they will charge for a particular person’s policy. Whether a customer’s premium will be increased because he or she has been cited for this kind of an offense is up to the insurance company, according to Gina McGuiness, a DMV spokeswoman.

“Really, it isn’t a hazard to drive in a car-pool lane without enough passengers,” McGuiness said, “but it can become an issue between a driver and their insurance company. If there’s a problem, a motorist should bring it to the company’s attention that the DMV doesn’t consider such a ticket a point count or moving violation.”

Some insurance companies will jump on just about any motoring miscue as a justification for a rate increase, but others aren’t so harsh. Some of the larger firms consider only accidents and moving violations in figuring rates.

“A car-pool lane violation doesn’t sound like anything that affects your driving performance,” said Bob Sasser, a spokesman for State Farm Insurance at the company’s headquarters in Bloomington, Ill. “It seems more like a parking ticket.”

Should an insurance company insist that a car-pool ticket is a moving violation, a motorist might consider asking the company to call the DMV in Sacramento for clarification. And if the company still insists that you pay a higher rate, maybe it’s time to look elsewhere for your insurance.