V C Section 21655.9 HOV Lanes Use By Ultra Low Emission Vehicles

HOV Lanes: Use By Ultra-Low Emission Vehicles

21655.9.  (a) (1) Whenever the Department of Transportation or a local authority authorizes or permits exclusive or preferential use of highway lanes or highway access ramps for high-occupancy vehicles pursuant to Section 21655.5, the use of those lanes or ramps shall also be extended to vehicles that are issued distinctive decals, labels, or other identifiers pursuant to Section 5205.5 regardless of vehicle occupancy or ownership.

(2) A local authority during periods of peak congestion shall suspend for a lane the access privileges extended pursuant to paragraph (1) for those vehicles issued distinctive decals, labels, or other identifiers pursuant to Section 5205.5, if a periodic review of lane performance by that local authority discloses both of the following factors regarding the lane:

(A) The lane, or a portion of the lane, exceeds a level of service C, as described in subdivision (b) of Section 65089 of the Government Code.

(B) The operation or projected operation of vehicles in the lane, or a portion of the lane, will significantly increase congestion.

(b) A person shall not drive a vehicle described in subdivision (a) of Section 5205.5 with a single occupant upon a high-occupancy vehicle lane pursuant to this section unless the decal, label, or other identifier issued pursuant to Section 5205.5 is properly displayed on the vehicle, and the vehicle registration described in Section 5205.5 is with the vehicle.

(c) A person shall not operate or own a vehicle displaying a decal, label, or other identifier, as described in Section 5205.5, if that decal, label, or identifier was not issued for that vehicle pursuant to Section 5205.5. A violation of this subdivision is a misdemeanor.

(d) If the provisions in Section 5205.5 authorizing the department to issue decals, labels, or other identifiers to hybrid and alternative fuel vehicles are repealed, vehicles displaying those decals, labels, or other identifiers shall not access high-occupancy vehicle lanes without meeting the occupancy requirements otherwise applicable to those lanes.

( )1

( )2 (e) ( )3 This section shall become inoperative on January 1, 2019, or the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision ( )4 (i) of Section 5205.5, whichever occurs ( )5 first, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

( )6

Amended Sec. 2, Ch. 725, Stats. 2004. Effective January 1, 2005.
Amended Sec. 4, Ch. 614, Stats. 2006. Effective January 1, 2007. Supersedes Ch. 606.
Amended and repealed Sec. 2 Ch. 215, Stats. 2010. Effective January 1, 2011 or as noted in section (e) above. Repeal operative January 1, 2015 or as noted in section (e) above.
Amended and repealed Sec. 3.5, Ch. 414, Stats. 2013. Effective January 1, 2014. Repeal operative by its own provisions or on January 1, 2019.
The 2013 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. "(e) (1) This section shall remain in effect only until January 1, 2015, or until the date that the Secretary of State receives the notice described in subdivision (l) of Section 5205.5, whichever occurs first, and as of that date is repealed. "
2. "(2)"
3. "However, with respect to a vehicle described in paragraph (3) or (4) of subdivision (a) of Section 5205.5, this section shall be operative only until July"

NOTE: The preceding section shall become inoperative by its own provisions or shall become inoperative on January 1, 2019, and, as of January 1, 2019 is repealed.