23 U.S.C. § 166 : US Code - Section 166: HOV facilities

Search 23 U.S.C. § 166 : US Code - Section 166: HOV facilities

(a) In General. -
(1) Authority of state agencies. - A State agency that has
jurisdiction over the operation of a HOV facility shall establish
the occupancy requirements of vehicles operating on the facility.
(2) Occupancy requirement. - Except as otherwise provided by
this section, no fewer than two occupants per vehicle may be
required for use of a HOV facility.
(b) Exceptions. -
(1) In general. - Notwithstanding the occupancy requirement of
subsection (a)(2), the exceptions in paragraphs (2) through (5)
shall apply with respect to a State agency operating a HOV
facility.
(2) Motorcycles and bicycles. -
(A) In general. - Subject to subparagraph (B), the State
agency shall allow motorcycles and bicycles to use the HOV
facility.
(B) Safety exception. -
(i) In general. - A State agency may restrict use of the
HOV facility by motorcycles or bicycles (or both) if the
agency certifies to the Secretary that such use would create
a safety hazard and the Secretary accepts the certification.
(ii) Acceptance of certification. - The Secretary may
accept a certification under this subparagraph only after the
Secretary publishes notice of the certification in the
Federal Register and provides an opportunity for public
comment.
(3) Public transportation vehicles. - The State agency may
allow public transportation vehicles to use the HOV facility if
the agency -
(A) establishes requirements for clearly identifying the
vehicles; and
(B) establishes procedures for enforcing the restrictions on
the use of the facility by the vehicles.
(4) High occupancy toll vehicles. - The State agency may allow
vehicles not otherwise exempt pursuant to this subsection to use
the HOV facility if the operators of the vehicles pay a toll
charged by the agency for use of the facility and the agency -
(A) establishes a program that addresses how motorists can
enroll and participate in the toll program;
(B) develops, manages, and maintains a system that will
automatically collect the toll; and
(C) establishes policies and procedures to -
(i) manage the demand to use the facility by varying the
toll amount that is charged; and
(ii) enforce violations of use of the facility.
(5) Low emission and energy-efficient vehicles. -
(A) Inherently low emission vehicle. - Before September 30,
2009, the State agency may allow vehicles that are certified as
inherently low-emission vehicles pursuant to section 88.311-93
of title 40, Code of Federal Regulations (or successor
regulations), and are labeled in accordance with section 88.312-
93 of such title (or successor regulations), to use the HOV
facility if the agency establishes procedures for enforcing the
restrictions on the use of the facility by the vehicles.
(B) Other low emission and energy-efficient vehicles. -
Before September 30, 2009, the State agency may allow vehicles
certified as low emission and energy-efficient vehicles under
subsection (e), and labeled in accordance with subsection (e),
to use the HOV facility if the operators of the vehicles pay a
toll charged by the agency for use of the facility and the
agency -
(i) establishes a program that addresses the selection of
vehicles under this paragraph; and
(ii) establishes procedures for enforcing the restrictions
on the use of the facility by the vehicles.
(C) Amount of tolls. - Under subparagraph (B), a State agency
may charge no toll or may charge a toll that is less than tolls
charged under paragraph (3).(!1)
(c) Requirements Applicable to Tolls. -
(1) In general. - Tolls may be charged under paragraphs (4) and
(5) of subsection (b) notwithstanding section 301 and, except as
provided in paragraphs (2) and (3), subject to the requirements
of section 129.
(2) HOV facilities on the interstate system. - Notwithstanding
section 129, tolls may be charged under paragraphs (4) and (5) of
subsection (b) on a HOV facility on the Interstate System.
(3) Excess toll revenues. - If a State agency makes a
certification under section 129(a)(3) with respect to toll
revenues collected under paragraphs (4) and (5) of subsection
(b), the State, in the use of toll revenues under that sentence,
shall give priority consideration to projects for developing
alternatives to single occupancy vehicle travel and projects for
improving highway safety.
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement. -
(1) In general. - A State agency that allows vehicles to use a
HOV facility under paragraph (4) or (5) of subsection (b) in a
fiscal year shall certify to the Secretary that the agency will
carry out the following responsibilities with respect to the
facility in the fiscal year:
(A) Establishing, managing, and supporting a performance
monitoring, evaluation, and reporting program for the facility
that provides for continuous monitoring, assessment, and
reporting on the impacts that the vehicles may have on the
operation of the facility and adjacent highways.
(B) Establishing, managing, and supporting an enforcement
program that ensures that the facility is being operated in
accordance with the requirements of this section.
(C) Limiting or discontinuing the use of the facility by the
vehicles if the presence of the vehicles has degraded the
operation of the facility.
(2) Degraded facility. -
(A) Definition of minimum average operating speed. - In this
paragraph, the term "minimum average operating speed" means -
(i) 45 miles per hour, in the case of a HOV facility with a
speed limit of 50 miles per hour or greater; and
(ii) not more than 10 miles per hour below the speed limit,
in the case of a HOV facility with a speed limit of less than
50 miles per hour.
(B) Standard for determining degraded facility. - For
purposes of paragraph (1), the operation of a HOV facility
shall be considered to be degraded if vehicles operating on the
facility are failing to maintain a minimum average operating
speed 90 percent of the time over a consecutive 180-day period
during morning or evening weekday peak hour periods (or both).
(C) Management of low emission and energy-efficient vehicles.
- In managing the use of HOV lanes by low emission and energy-
efficient vehicles that do not meet applicable occupancy
requirements, a State agency may increase the percentages
described in subsection (f)(3)(B)(i).
(e) Certification of Low Emission and Energy-Efficient Vehicles. -
Not later than 180 days after the date of enactment of this
section, the Administrator of the Environmental Protection Agency
shall -
(1) issue a final rule establishing requirements for
certification of vehicles as low emission and energy-efficient
vehicles for purposes of this section and requirements for the
labeling of the vehicles; and
(2) establish guidelines and procedures for making the vehicle
comparisons and performance calculations described in subsection
(f)(3)(B), in accordance with section 32908(b) of title 49.
(f) Definitions. - In this section, the following definitions
apply:
(1) Alternative fuel vehicle. - The term "alternative fuel
vehicle" means a vehicle that is operating on -
(A) methanol, denatured ethanol, or other alcohols;
(B) a mixture containing at least 85 percent of methanol,
denatured ethanol, and other alcohols by volume with gasoline
or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from biological materials;
(H) electricity (including electricity from solar energy); or
(I) any other fuel that the Secretary prescribes by
regulation that is not substantially petroleum and that would
yield substantial energy security and environmental benefits,
including fuels regulated under section 490 of title 10, Code
of Federal Regulations (or successor regulations).
(2) HOV facility. - The term "HOV facility" means a high
occupancy vehicle facility.
(3) Low emission and energy-efficient vehicle. - The term "low
emission and energy-efficient vehicle" means a vehicle that -
(A) has been certified by the Administrator as meeting the
Tier II emission level established in regulations prescribed by
the Administrator under section 202(i) of the Clean Air Act (42
U.S.C. 7521(i)) for that make and model year vehicle; and
(B)(i) is certified by the Administrator of the Environmental
Protection Agency, in consultation with the manufacturer, to
have achieved not less than a 50-percent increase in city fuel
economy or not less than a 25-percent increase in combined city-
highway fuel economy (or such greater percentage of city or
city-highway fuel economy as may be determined by a State under
subsection (d)(2)(C)) relative to a comparable vehicle that is
an internal combustion gasoline fueled vehicle (other than a
vehicle that has propulsion energy from onboard hybrid
sources); or
(ii) is an alternative fuel vehicle.
(4) Public transportation vehicle. - The term "public
transportation vehicle" means a vehicle that -
(A) provides designated public transportation (as defined in
section 221 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12141) or provides public school transportation (to and
from public or private primary, secondary, or tertiary
schools); and
(B)(i) is owned or operated by a public entity;
(ii) is operated under a contract with a public entity; or
(iii) is operated pursuant to a license by the Secretary or a
State agency to provide motorbus or school vehicle
transportation services to the public.
(5) State agency. -
(A) In general. - The term "State agency", as used with
respect to a HOV facility, means an agency of a State or local
government having jurisdiction over the operation of the
facility.
(B) Inclusion. - The term "State agency" includes a State
transportation department.