Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.0741 High occupancy vehicle lanes.--
(1) "High occupancy vehicle lane" or "HOV lane" means a lane of a public roadway designated for use by vehicles in which there is more than one occupant unless otherwise authorized by federal law.
(2) The number of persons that must be in a vehicle to qualify for legal use of the HOV lane and the hours during which the lane will serve as an HOV lane, if it is not designated as such on a full-time basis, must also be indicated on a traffic control device.
(3) A vehicle may not be driven in an HOV lane if the vehicle is occupied by fewer than the number of occupants indicated by a traffic control device. A driver who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.
(4) Notwithstanding any other provision of this section, an inherently low-emission vehicle (ILEV) that is certified and labeled in accordance with federal regulations may be driven in an HOV lane at any time, regardless of its occupancy. In addition, upon the state's receipt of written notice from the proper federal regulatory agency authorizing such use, a vehicle defined as a hybrid vehicle under this section may be driven in an HOV lane at any time, regardless of its occupancy. The department shall issue a decal and registration certificate, to be renewed annually, reflecting the HOV lane designation on such vehicles authorizing such use. The department may charge a fee for a decal, not to exceed the costs of designing, producing, and distributing each decal, or $5, whichever is less. The proceeds from sale of the decals shall be deposited in the Highway Safety Operating Trust Fund.
(5) As used in this section, the term "hybrid vehicle" means a motor vehicle:
(a) That draws propulsion energy from onboard sources of stored energy which are both:
1. An internal combustion or heat engine using combustible fuel; and
2. A rechargeable energy storage system; and
(b) That, in the case of a passenger automobile or light truck:
1. Has received a certificate of conformity under the Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
2. Meets or exceeds the equivalent qualifying California standards for a low-emission vehicle.
(6) The department may adopt rules necessary to administer this section.
The federal law may allow it under the clause in the Florida law I highlighted in the first quote.In 1991, the AMA was successful in getting federal officials to open these lanes up to space-efficient motorcycles, too. And a federal law specifically prohibits states from banning motorcycles from their HOV lanes unless they can demonstrate a specific safety hazard related to the road.
As a result of that law, motorcyclists across the country have been able to take advantage of HOV lanes to reduce their commuting time. So Perrine couldn’t understand why a police officer wrote her a ticket for using a lane she knew was open to motorcycles.
If this is true motorcycles are allowed in HOV lanes in all states, with some exceptions for safety reasons.Why are motorcycles allowed in some HOV lanes?
Motorcycles are permitted by federal law to use HOV lanes, even with only one passenger. The rationale behind allowing motorcycles to use HOV lanes is that it is safer to keep two-wheeled vehicles moving than to have them traveling in start-and-stop traffic conditions. States can choose to override this provision of federal law, if they determine that overall auto and motorcycle safety is at greater risk.
So, it looks like it is true that motorcycles are allowed in HOV lanes nationwide, with some exceptions. Beware that not all LEOs know about this, and some judges are not following the law either (see AMA article).Public Law 102-240 [something something something]
SEC. 1016. PROGRAM EFFICIENCIES.
(a) HOV Passenger Requirements; Engineering Cost Reimbursement.-
Section 102 of title 23, United States Code, is amended to read as
``Sec. 102. Program efficiencies
``(a) HOV Passenger Requirements.-A State highway department shall
establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes; except that no fewer than 2 occupants per
vehicle may be required and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and bicycles
shall not be considered single occupant vehicles.
Motors are legal in all HOV lanes in all states and at all times, except when specifically prohibited. Federal law.I've been checking around but so far no luck . so i thought i would come to those that know. In Florida can we legally ride in hov lanes without passengers. If so could someone cite the code reference for me.
thanks a lot
The ticket may have been overturned due to lack of the city informing the public. I assure you no more tickets will be reversed. Its silly if you ask me, and it looks like its all because LEO dont want bikes in that lane for some reason, they havent specified yet. I guess i cant fight the law but I wish they would at least tell me WHY I cant do it when it looks like most of the rest of the USA can, it makes more sense in NYC and other high traffic areas in the country to let M/C use the HOV.....Lets go AMA!That person that got the ticket in New York City had their conviction overturned - there's an article in the latest AMA magazine. That doesn't mean that you won't get a ticket. Individual officers can do whatever they like, it's up to the courts to set things straight.