Driver fights a biking citation

When police nailed Ben Akerley for a moving violation as he rode his bicycle, he had a simple question: Does this count against my driving record?

The court clerks said yes and his insurance company said yes, but something didn’t seem logical about that. If you don’t need a driver’s license to ride a bicycle, those with licenses are going to face more consequences, including tarnished driving records, than those who don’t.

Anybody who has dealt with almost any court system knows that record keeping remains back in the 19th century. In many cases, courts are unable to keep up with their paperwork.

The way the system is supposed to work is that each court jurisdiction transfers violation data to the Department of Motor Vehicles in something called an abstract of record. The bigger counties generally get that data posted promptly. But some smaller counties can be months behind, according to DMV spokeswoman Jan Mendoza.

In Akerley’s case, he was given bogus information by the court clerk and the insurance company, according to Mendoza. But that still doesn’t mean the violation never reached his driving record.

The state has 17 vehicle code sections that deal with bicycles, so it’s not a simple issue. One code section, for example, prohibits riding under the influence of alcohol or drugs, a possible $250 violation.

The court could have processed the violation and included it in its abstract of record and the DMV would not normally have discovered the error. The agency has little ability to study the millions of court records it receives.

This sort of slip-up can affect anybody who goes to traffic school and walks away thinking the violation was never posted, even though it mistakenly got through.

Later this year, the DMV hopes to create an online portal where individuals can review their driver record to make sure it is in order. Until then, you can call customer service at the agency at (916) 657-6525.

Incidentally, Akerley later decided to fight the ticket and won a dismissal when the officer did not show up in court.

The second question this week comes from a motorcyclist who observes that a fairly large number of vehicles hauling trailers are using the carpool lane and wants to know whether that is illegal.

I could not find a code section that specifically outlaws in simple terms pulling a trailer in the carpool lane, though a combination of other sections makes it illegal, according to the California Highway Patrol.

The vehicle code is specific in requiring any vehicle hauling a trailer, as well as a few other types of vehicles, to obey a 55-mph limit.

One code section requires that vehicles with trailers and multi-axle trucks use the right lane, though some exceptions are allowed for highways with four or fewer lanes.

All of the code sections are fairly complicated. But the intent is that big trucks and any vehicle hauling a trailer have to stay to the right and must comply with a 55-mph limit, according to the CHP.

Judging by how many big rigs are going above 70 mph in Southern California, somebody ought to let the trucking industry in on this law.

--

ralph.vartabedian@latimes.com