Section 31-5-238 - Designated High Occupancy Vehicle Lanes; Exceptions; Penalty

31-5-238. Designated high occupancy vehicle lanes; exceptions; penalty. (a) The director or a local authority may designate any part of a roadway or specific lane of a roadway under the director's or local authority's jurisdiction as a high occupancy vehicle lane, except the director or a local authority may not designate the only available lane of travel in a given direction as a high occupancy vehicle lane. At no time shall a high occupancy lane be designated as a toll road. (b) A vehicle operating in a high occupancy vehicle lane shall be a high occupancy vehicle except: (i) Motorcycles and public transportation vehicles may operate in a high occupancy vehicle lane regardless of the number of occupants, subject to the other requirements under this act; (ii) Any vehicle making a turn from a high occupancy vehicle lane, subject to the other requirements under this act. (c) The department shall implement rules to provide for the design, operation, maintenance and required signage for high occupancy vehicle lanes. (d) Any person who operates a vehicle in a high occupancy vehicle lane that is not a high occupancy vehicle or that is not a vehicle authorized under subsection (b) of

r high occupancy vehicle lanes. (d) Any person who operates a vehicle in a high occupancy vehicle lane that is not a high occupancy vehicle or that is not a vehicle authorized under subsection (b) of this section is guilty of a misdemeanor punishable by: (i) For a first conviction, a fine of not more than fifty dollars ($50.00); (ii) For a second conviction of the same offense within one (1) year thereafter, a fine of not more than one hundred dollars ($100.00); (iii) For a third or subsequent conviction of the same offense within one (1) year after the first conviction, a fine of not more than one hundred fifty dollars ($150.00).