For Gas Station Complaints, Take a Number

How many times have you rolled into a gas station with an overheated engine or a doughy front tire, only to find you had to pay for air and water? Or worse, the station provided no such services?

At many stations, all you can expect is a blank expression from a slack-jawed teenager working the cash register behind six inches of bulletproof glass.

It seemed those miserable days were over when Gov. Gray Davis signed legislation in 1999 to require California gas stations to provide free air and water to all paying customers. The law included a $250 fine for violators.

Problem solved, right?

Yeah, right.

David Garza of Glendale wrote to Behind the Wheel asking why, if such a law exists, do four of the five gas stations in his neighborhood still charge for air and water.

Question: What is the status of the law requiring gas stations in California to provide free air and water?

Answer: First some background: The law took effect Jan. 1, 2000. Unlike many other bills, this law came with teeth.

The legislation required the Department of Food and Agriculture to create a hotline for motorists to report violations. In response to the complaints, the department was instructed to inspect service stations and issue fines to violators.

But, as of July 1, the money for the enforcement of the law was eliminated because of the state’s whopping $24-billion budget shortfall.

But all hope is not lost.

If you call the “air and water complaint line” at (800) 356-7057 and leave the name and address of the service station that is violating the law, the department will send a letter, notifying the owner of the law.

Boy, that’s a message that should make these gas station owners tremble in their boots: Hey, abide by the law or ... we will remind you that there is a law!

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With all respect to Don, Joe, Glen and other members of the 1970s band the Eagles, there is, technically speaking, no such thing as a “fast lane.”

Read through the entire California Vehicle Code and you will find no mention of the term “fast lane” in the entire document.

Yet, ask anybody to name the lane closest to the freeway median and they will say, “Oh, you mean the fast lane.”

Robert Tieman of Los Angeles wrote to say he often drives the posted speed limit on the freeway only to see motorists in the “fast lane” speeding by at 85 mph.

Q: So, what is the law about going in the “fast lane” at the fastest legally posted speed?

A: The problem with the term “fast lane” is that it is a misnomer. It erroneously implies that motorists in that lane can legally drive as fast as they want. (Try using that excuse with a traffic court judge. “But your honor, I was in the fast lane!”)

California Highway Patrol spokeswoman Anne DaVigo noted that the vehicle code requires slow traffic to stay in the right lanes.

So, she said, those vehicles that are moving faster should pass the slow traffic using the left lanes. “Does it mean you can go fast in the left lane?” she said. “No.”

The posted speed limit applies to every driver on the freeway, regardless of the lane, DaVigo said. Perhaps a more accurate term might be the “faster lane.”

Then again, the Eagles probably wouldn’t have had a hit with a song called “Life in the Faster Lane.”

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Speaking of popular tunes, Robert Miller of Long Beach has been singing the “Highway Blues” since a chunk of pavement broke away from the San Diego Freeway last month and flew into his windshield.

Weeks after the incident, he said the California Department of Transportation had yet to fill the crater where that chunk originated.

Miller wrote to inquire about his options.

Q: Can I send the bill to Caltrans?

A: Unfortunately, if Miller tries to bill Caltrans for his damage, he will probably be humming a catchy Rolling Stones tune that begins with the lyrics, “I can’t get no satisfaction.”

The California Victim Compensation and Government Claims Board gets thousands of claims each year from motorists whose cars were damaged by deteriorating state freeways. In fact, this type of claim is one of the most common received by the agency.

But a spokeswoman for the board said most of these claims are rejected. Why? Because the state is obligated to pay only if you can show that Caltrans previously knew about the rotten roadway condition and neglected to fix it.

If you still want to try your luck, call the claims board at (800) 955-0045 or visit the Web site at www.boc.ca.gov.

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And on the topic of car damage, this column recommended last month that motorists whose vehicles are damaged by errant gravel and rocks that fly off big-rig trucks to notify the CHP by calling (800) TELL-CHP.

Since that column was published, several angry readers have written to complain that the CHP was less than helpful with those complaints. Angry truck drivers also have written to ask for a clarification on their responsibility in such matters.

First, let’s review the law in question. A 1990 law requires truckers carrying aggregate material (i.e. gravel, rocks, dirt) to cover the load. There are a few exceptions. The load doesn’t have to be covered if the aggregate material does not reach six inches from the top of the truck container. Also, no cover is needed if the truck is hauling asphalt or petroleum coke material.

But cover or no cover, truck drivers are responsible for damage if some of that load flies out and smacks another vehicle.

If you call (800) TELL-CHP to report such a mishap, the CHP is obligated to help you fill out a damage report and notify the truck owner of your complaint.

If the CHP officer who answers the call tries to give you the brushoff, CHP commanders in Sacramento say you should be insistent. Ask for the commanding officer.

If that doesn’t work, remind them that the logo on the side of each CHP unit is “Safety and Service.”

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If you have a gripe, question or story idea about driving in Southern California, write to Behind the Wheel, 202 W. 1st St., Los Angeles, CA 90012, or send an e-mail to behindthewheel@ latimes.com.