Ask the Sergeant:

I was driving home the other night on the 405 freeway when a police car from some local agency (I didn’t see which one, but it was the City of Something or other) that was behind me in the car pool lane turned on his flashing lights, crossed the double yellow lines to exit the carpool lane, then turned off his lights, crossed all the lanes in a very unhurried manner and took the next off-ramp. I got the impression the officer used his lights more as a warning that he was changing lanes than as an indication that he had suddenly been called to respond to a hostage situation, plus he had been using the car pool lane with only one person in the vehicle.
Later on the same trip, I was in the car pool lane on the 118 freeway and a CHP officer--one single officer in the car--crossed the double yellow line to get into the car pool lane in front of me, and then just drove in the lane for the next 10 miles.
These two incidents in the space of about 10 miles made me wonder: What rules apply to law enforcement officers when it comes to car pool lanes, speeding and compliance with other traffic laws that us ordinary citizens have to obey? I understand that CHP officers must speed to catch speeders, but are they allowed to speed because they’re on their way home at the end of a shift? Can they enter the carpool lane illegally and travel 10 miles in it because they think they might come across a lawbreaker? And, an interesting question raised by the child traveling with me: If another officer saw the cop break the law, would he write him a ticket?

Puzzled in Simi Valley

That is a question that I get many times: “Why do the cops get to do it and I don’t?” This is a perfectly legitimate question that has a very clear, technically correct answer; an answer that I’ll follow with my own, distinct opinion.
First, the technical answer. Law enforcement officers are not above the law. A perfect example of that happened right here in Southern California. An on-duty police officer left his post, went to a friend’s house, had a few beers, and then proceeded to drive back to work via the freeway. The CHP was assisting Cal-Trans with road construction when this police officer drove through the closed portion of freeway. The CHP attempted to stop the police car and a brief pursuit ensued. Needless to say, that officer was arrested and is facing termination. All the same penalties that the average citizen would have to deal with also apply to him. On top of that, the District Attorney is more likely to prosecute a police officer to “make an example” of him and also to show the public he takes a tough stance on crime.
The California Vehicle Code applies equally to all parties, with the exception of authorized Emergency Vehicles, such as Fire Service, Law Enforcement, and Ambulance vehicles, responding “Code 3” (meaning with at least one solid, forward-facing red lamp and a clearly audible siren), Military Vehicles responding to a national emergency, and, interestingly enough, United States Postal Service Vehicles (specifically registration and licensing rules). I guess it’s good to work for Uncle Sam!
With regards to your question, if the officers you saw were not responding Code 3, then they were technically in violation of the Vehicle Code and could theoretically be cited the same as anyone else.
And even during Code 3 operation, Emergency Vehicles don’t get a free pass to drive out of control and in any way that they see fit. Case law and police department policies provide guidance and structure on how a response or even a pursuit is to be handled. The golden rule of Code 3 operation is does the risk of the response justify the benefit to the public? Basically that means that if someone needs emergency life-saving services, a high-speed controlled response is warranted, while a full-speed, multi-county pursuit of a shoplifter is just too dangerous.
An officer who drives recklessly during Code 3 and causes injury or death can be charged with a crime just as anyone else could be. As far as punishments go, if the officer were cited, he would face the exact same penalties that you would for the same offense, with the addition of a departmental procedure that could result in additional penalties at work. Please keep in mind that most traffic violations are infractions and do not rise to the level of committing a crime for either the citizen or the officer.
Now for the personal opinion. I can hear many of you out there already saying “here come the excuses!” If you believe that before I have said anything, I doubt there is any response I could give that would change your opinion of those “reckless cops,” but let me give my opinion for those who are a little more open minded.
In the situation you described, in which you saw a city cop on the freeway, that is not a usual occurrence and to me it would mean that the officer was in transit somewhere. In the course of “routine” patrol, that car would be on the city street conducting its “routine” patrol function. A city cop car on the freeway would tell me that the officer has a determined location to get to in an expedited manner. Not all calls the police receive are of a high enough priority to justify a Code 3 response, but if you were the person who had just come home from work to find your house had been broken into, or a non-injury collision victim inside your car stranded in the traffic lanes and still at risk, would you want to hear that the cop coming to help you didn’t care enough to get there as quickly as he could?
Next, let me address the question I just mentioned--the question most-often asked of officers: “What took you so long?” This is the “damned if you do and damned if you don’t” situation that every one of us dreads. We operate with-in a system of laws, priorities and policies that often times contradict each other and can even pit supervisors and officers against each other in their interpretations of these practices. A supervisor may believe that a motor officer should have responded Code 3 to a certain call, while that officer, knowing that surrounding patrol officers (in cars) are already responding Code 3, may feel that the risk to his personal safety is too high for him to respond that way. And let’s not forget that the officer’s own siren often masks sirens from other units who are responding, making intersections a form of Russian Roulette. You still see it on the news every so often when two units collide, both running Code 3. These crashes are brutal and often result in major injury or death.
Another problem with running Code 3 is the general public’s lack of knowledge about how to respond to the approaching Emergency Vehicle. California Vehicle Code Section 21806 states that drivers, pedestrians, and even street cars (trains are not required to yield; I guess they get a pass) are required to yield to approaching Emergency Vehicles by moving to the right and making a path. From personal experience, I can tell you that there is nothing more terrifying than driving at high speed on a motorcycle to a “child not breathing” call, lights and siren blazing, and approaching traffic that doesn’t have a clue what to do. Drivers stop in the fast lane. One driver moves right and the other moves left. Some drivers never hear you because of stereos, cell phones, DVD players or just great conversation, and then, when they do hear you, they short brake you, thinking you are after them.
While outside of department policy, officers often take the stealth approach and just drive as rapidly as they can. Also, once they are on the freeway, most Emergency Vehicles will turn off their lights and sirens because it is often counter productive to move through traffic Code 3 because every-body will just stop. Hence the reason the officer you mentioned just went past you on the freeway not seeming to be going anywhere in particular. I would also bet you didn’t even notice him until he was already passing you. Which would you think was the safer response? Never knowing the officer was there until he was past you, or having the car in front of you slam on the brakes because he thinks the police car behind you is after him for doing 70 in a 65 zone? A popular saying in law enforcement is that it is better to be judged by 12 than carried by six. This means that, if what we do may violate a policy or even constitute an infraction that puts us in court (the 12 refers to jurors, even though traffic court does not rate jurors, so it is merely symbolic in this case) it is still a better choice than your partner, a citizen, or yourself being carried by six pallbearers to your final resting place.
One last thought, and that is that an officer taking a vehicle home has other concerns that may lead him to drive unpredictably. The society we live in contains persons who wish to do harm to officers or their families. We have laws designed specifically to protect officers and families, their addresses and their personal information, but what easier way to find out where someone lives than to follow him or her home while they are driving a bright, shiny police car? If they are stuck in traffic, that makes it all the easier to figure out where they are going. I can tell you that, when I am looking for someone following me, it is easier to spot the speeder or the sudden lane change that the follower makes to stay behind me. I don’t want anyone to come to my house and feel they have some issue with me that they need to share with my family.
Driving Code 3 is a dangerous proposition, as is driving in Southern California by itself. The choices that an officer makes about responding in such a manner often times dictate the impression most civilians get. Human nature is such that, if someone has authority and is perceived to be doing something that you can’t, the authority is presumed to be taking advantage of that situation.
I hope that you now have a little insight and maybe just a smidge of understanding about the complexities that might have been involved when that cop car just ripped past you.
Ride safe, keep smiling, and take care of yourselves and each other out there.

For more on this story, pick up a current issue of FREE 2 WHEEL at your local dealer, or use the handy order form page found on our web site.

Scuttle Putt:

Police were patrolling the beaches in Devon, England, a few weeks ago because members of the public were walking away with goods washed ashore from the stricken container ship MSC Napoli--goods that included 50 BMW motorcycles.

Gareth Topping, one of the hundreds of scavengers who reportedly made off with valuable hauls from some 40 containers that drifted onto Branscombe beach, told BBC News he had pulled one of the motorbikes out of a container.

“It took about eight to ten of us to lift each one out. As each one came out the front wheels were put on, then they were taken down to the beach and over the cliffs,” he said.

British police reported other products taken from the beach included exhaust pipes, steering wheels and beauty cream, and stepped up patrols to prevent the remaining containers from being opened.

British police warned the scavengers they were breaking the law if they failed to declare taking any of the ship’s cargo, and handed out forms so people could report what they had taken to authorities.

More scuttle >>

WAY 2 GO:

SECRET SANTA BARBARA
Story by Anne Van Beveren
Photos by Michael Van Beveren

Think you’ve seen Santa Barbara? Sure, you’ve dined on the pier. You’ve wriggled your toes into the sand. You’ve even checked out the red-tiled roof of the historic courthouse and ridden the elevator to the top of its clock tower to ooh and aah at the view.
But you’re about to get a whole new view of Santa Barbara. A view that will transport Santa Barbara from a red-tiled retirement roost into a rider’s delight, complete with tree-lined back roads, serpentine turns and sightseeing secrets that will catapult your oohs and aahs to a whole new level.
Take the 101 north out of the bustle of Los Angeles, setting your odometer to zero as you pass the intersection of the 101 and the 23 freeway in Thousand Oaks. Worried about Saturday traffic on the 101? Don’t panic. Right about the time the traffic starts to slow near Summerland, you’ll have 43 miles showing on the odometer, and you’ll abandon ship by taking the Santa Claus Lane exit (Exit 88). The local Harley-Davidson dealership is right there in front of you in case you’ve forgotten anything you might need on your voyage of discovery.
Zero your odometer at the bottom of the ramp, make a quick right, followed by a quick left at the stop sign, and you’ll find yourself on Via Real, paralleling the 101 as you pass the local polo fields. A 1.5-mile ride puts you almost at the next freeway exit but, just before you get to that, you’ll find Toro Canyon Road on your right, its street sign completely hidden by foliage. Follow Toro Canyon Road north and …

For more on this story, pick up a current issue of FREE 2 WHEEL at your local dealer, or use the handy order form page found on our web site.

ON THE RIGHT TRACK
Story and photos by Reid Libby

It is a motorcycle that commands your attention. Whether you see it at a gathering of the faithful, surrounded by a knot of primped and preened machines, or catch the bumblebee rasp of its exhaust on the street, this diminutive two-wheeler literally makes you look.

The low, lean lines of a flat track racer lend themselves neatly for use on the street. Light weight and agile, this style of bike is just the thing for a surreptitious urban blast or an afternoon of dicing in some twisty So .Cal. canyon. You might even get the urge to race it, which was the original intention of Henry Hester, a San Diego fabricator and flat track fan.

Hester’s nifty 750 started life as a Kawasaki Mach IV, a two-stroke, street triple, and was modified extensively over a three-year period to end up in its present form. Along the way, the focus of the project changed when the two tracks near Hester’s residence closed down. Undaunted, he proceeded to give the Kawi the necessary bits needed to do its sliding on asphalt rather than on the “blue groove.”

With the Mach IV nearly complete, Hester had a change of heart and offered the stunning bike up for bid on Ebay. Bob Atol, a long-time rider and enthusiast who resides in the foothills north of L.A., was the successful bidder and was quite pleased with his new acquisition. As a dentist, Atol is accustomed to precision workmanship, and the ex-Hester trackster was a project that he could relate to.