Bigger & Harman, APC - June 2018

WHAT IS A PREPASS VIOLATION? Watch Out for PrePass Stations

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A PrePass is like an E-ZPass for commercial motor vehicles (CMVs). For some people, it’s set up so that the company or owner-operator is sent the bill rather than paying the toll in cash. A PrePass violation occurs when a commercial vehicle does not stop at a weigh station when required. Ahead of the weigh station, there are two sensors mounted on signs over the road. The first uses automated vehicle identification (AVI) to read the PrePass sticker, or transponder, mounted on your truck’s windshield. Your truck will then be weighed by a scale built into the road by the weigh-in-motion (WIM) system. This allows the PrePass station to know the weight of your truck without requiring you to pull in. As long as your vehicle is under the weight, within size restrictions, and meets all safety requirements, drivers can bypass the weigh station. The second sensor sends a signal to the transponder via green and red LED lights and an audible alert to notify the driver whether they need to stop or not. A PrePass violation occurs when a driver doesn’t stop when directed or if there is no signal and the weigh station is open. Pay close attention to the signs around you; if there are many other CMV drivers in the right-hand lane, there is a good chance there’s a weigh station ahead. Bypassing a weigh station without stopping could be a violation of CVC 21400. Frequently, the CHP officer will chase you down and make you return to the weigh station, writing you a ticket or putting you through an inspection afterward. How thorough that check is will usually depend on the driver’s attitude. Many truck drivers hold the PrePass stations in contempt. They feel these stations are demeaning and only serve to keep tabs on the drivers. Bigger & Harman frequently represents truckers and other CDL holders in Kern County traffic courts, including Lamont and Mojave. Call our offices at (661) 349-9755 to get the help you need, or send an email to attorney@biggerharmanlaw.com describing your situation and enclosing a scanned copy of the citation. Let us provide straightforward advice about the different options available to you.

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