33.1-46.2 - (For expiration date - see Editor's note) Designation of high-occupancy vehicle lanes; use of such lanes; penalties. - Virginia Statutes

Statutes > Virginia Statutes > Title 33.1 - HIGHWAYS, BRIDGES AND FERRIES. > Chapter 1 - Commonwealth Transportation Board and Highways Generally (33.1-1 thru 33.1-223.9) > 33.1-46.2 - (For expiration date - see Editor's note) Designation of high-occupancy vehicle lanes; use of such lanes; penalties.

33.1-46.2 - (For expiration date - see Editor's note) Designation of high-occupancy vehicle lanes; use of such lanes; penalties.

§ 33.1-46.2. (For expiration date - see Editor's note) Designation ofhigh-occupancy vehicle lanes; use of such lanes; penalties.

A. In order to facilitate the rapid and orderly movement of traffic to andfrom urban areas during peak traffic periods, the Commonwealth TransportationBoard may designate one or more lanes of any highway in the interstate,primary, or secondary highway systems as high-occupancy vehicle lanes,hereinafter referred to in this section as HOV lanes. When lanes have been sodesignated and have been appropriately marked with such signs or othermarkers as the Board may prescribe, they shall be reserved during periodsdesignated by the Board for the exclusive use of buses and high-occupancyvehicles. Any local governing body may also, with respect to highways underits exclusive jurisdiction, designate HOV lanes and impose and enforcerestrictions on the use of such HOV lanes. Any highway for which the localjurisdiction receives highway maintenance funds pursuant to § 33.1-41.1 shallbe deemed to be within the exclusive jurisdiction of the local governing bodyfor the purposes of this section. HOV lanes shall be reserved forhigh-occupancy vehicles of a specified number of occupants as determined bythe Board or, for HOV lanes designated by a local governing body, by thatlocal governing body. Notwithstanding the foregoing provisions of thissection, no designation of any lane or lanes of any highway as HOV lanesshall apply to the use of any such lanes by:

1. Emergency vehicles such as fire-fighting vehicles, ambulances, and rescuesquad vehicles,

2. Law-enforcement vehicles,

3. Motorcycles,

4. a. Transit and commuter buses designed to transport 16 or more passengers,including the driver,

b. Commuter buses and motor coaches operating under irregular route passengercertificates issued under § 46.2-2010 and any vehicle operating under acertificate of Public Convenience and Necessity or as a common carrier ofpassengers under § 46.2-2075 or 46.2-2080,

5. Vehicles of public utility companies operating in response to an emergencycall,

6. Until July 1, 2011, vehicles bearing clean special fuel vehicle licenseplates issued pursuant to § 46.2-749.3,

7. Taxicabs having two or more occupants, including the driver, or

8. (For contingent effective date, see Editor's note.) Any active dutymilitary member in uniform who is utilizing Interstate Route 264 andInterstate Route 64 for the purposes of traveling to or from a militaryfacility in the Hampton Roads Planning District.

In the Hampton Roads Planning District, HOV restrictions may be temporarilylifted and HOV lanes opened to use by all vehicles when restricting use ofHOV lanes becomes impossible or undesirable and the temporary lifting of HOVlimitations is indicated by signs along or above the affected portion ofhighway.

The Commissioner of VDOT shall implement a program of the HOV facilities inthe Hampton Roads Planning District beginning not later than May 1, 2000.This program shall include the temporary lifting of HOV restrictions and theopening of HOV lanes to all traffic when an incident resulting fromnonrecurring causes within the general lanes occurs such that a lane oftraffic is blocked or is expected to be blocked for 10 minutes or longer. TheHOV restrictions for the facility will be reinstated when the general lane isno longer blocked and is available for use.

The Commissioner shall maintain necessary records to evaluate the effects ofsuch openings on the operation of the general lanes and the HOV lanes. Heshall report on the effects of this program. This program will terminate ifthe Federal Highway Administration requires repayment of any federal highwayconstruction funds because of the program's impact on the HOV facilities inHampton Roads.

B. In designating any lane or lanes of any highway as HOV lanes, the Board,or local governing body as the case may be, shall specify the hour or hoursof each day of the week during which the lanes shall be so reserved, and thehour or hours shall be plainly posted at whatever intervals along the lanesthe Board or local governing body deems appropriate. Any person driving amotor vehicle in a designated HOV lane in violation of this section shall beguilty of a traffic infraction which shall not be a moving violation and onconviction shall be fined $100. However, violations committed within theboundaries of Planning District Eight shall be punishable as follows:

For a first offense, by a fine of $125;

For a second offense within a period of five years from a first offense, by afine of $250;

For a third offense within a period of five years from a first offense, by afine of $500; and

For a fourth or subsequent offense within a period of five years from a firstoffense, by a fine of $1,000.

Upon a conviction under this section, the court shall furnish to theCommissioner of the Department of Motor Vehicles in accordance with §46.2-383 an abstract of the record of such conviction which shall become apart of the person's driving record. Notwithstanding the provisions of §46.2-492, no driver demerit points shall be assessed for any violation ofthis section; except that persons convicted of second, third, fourth, orsubsequent violations within five years of a first offense committed inPlanning District Eight shall be assessed three demerit points for each suchviolation.

C. In the prosecution of an offense, committed in the presence of alaw-enforcement officer, of failure to obey a road sign restricting ahighway, or portion thereof, to the use of high-occupancy vehicles, proofthat the vehicle described in the HOV violation summons was operated inviolation of this section, together with proof that the defendant was at thetime of such violation the registered owner of the vehicle, shall constitutein evidence a rebuttable presumption that such registered owner of thevehicle was the person who committed the violation. Such presumption shall berebutted if the registered owner of the vehicle testifies in open court underoath that he was not the operator of the vehicle at the time of theviolation. A summons for a violation of this section may be executed inaccordance with § 19.2-76.2. Such rebuttable presumption shall not arise whenthe registered owner of the vehicle is a rental or leasing company.

D. Notwithstanding the provisions of § 19.2-76, whenever a summons for aviolation of this section is served in any county, city, or town, it may beexecuted by mailing by first-class mail a copy thereof to the address of theowner of the vehicle as shown on the records of the Department of MotorVehicles. If the summoned person fails to appear on the date of return setout in the summons mailed pursuant to this section, the summons shall beexecuted in the manner set out in § 19.2-76.3.

No proceedings for contempt or arrest of a person summoned by mailing shallbe instituted for his failure to appear on the return date of the summons.

E. Notwithstanding § 33.1-252, high-occupancy vehicles having three or moreoccupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. BraultExpressway (Dulles Toll Road) without paying a toll.

F. Notwithstanding the contrary provisions of this section, the followingconditions shall be met before the HOV-2 designation of Interstate Route 66outside the Capital Beltway can be changed to HOV-3 or any more restrictivedesignation:

1. The Department shall publish a notice of its intent to change the existingdesignation and also immediately provide similar notice of its intent to allmembers of the General Assembly representing districts that touch or aredirectly impacted by traffic on Interstate Route 66.

2. The Department shall hold public hearings in the corridor to receivecomments from the public.

3. The Department shall make a finding of the need for a change in suchdesignation, based on public hearings and its internal data and present thisfinding to the Commonwealth Transportation Board for approval.

4. The Commonwealth Transportation Board shall make written findings and adecision based upon the following criteria:

a. Is changing the HOV-2 designation to HOV-3 in the public interest?

b. Is there quantitative and qualitative evidence that supports the argumentthat HOV-3 will facilitate the flow of traffic on Interstate Route 66?

c. Is changing the HOV-2 designation beneficial to comply with the federalClean Air Act Amendments of 1990?

G. [Repealed.]

(1973, c. 197; 1983, c. 339; 1988, c. 637; 1989, cc. 573, 744; 1993, cc. 82,587; 1994, cc. 212, 426, 439; 1995, c. 55; 1996, cc. 34, 187, 191, 695, 921,1037; 1997, c. 504; 1998, c. 321; 1999, cc. 914, 960; 2000, c. 322; 2002, cc.89, 757; 2003, c. 324; 2004, c. 704; 2006, cc. 600, 873, 908; 2007, c. 317;2008, c. 511; 2009, c. 676; 2010, cc. 111, 133, 390, 485.)

§ 33.1-46.2. (For effective date - see Editor's note) Designation ofhigh-occupancy vehicle lanes; use of such lanes; penalties.