S-5149.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6659

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Schow, Morton, Owen, Oke, Heavey, Prince and Prentice)

Read first time 02/06/96.

Regulating use of high-occupancy vehicle lanes.

    AN ACT Relating to use of high-occupancy vehicle lanes; amending RCW 46.61.165; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 46.61.165 and 1991 sp.s. c 15 s 67 are each amended to read as follows:

    The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of ((public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers)) high-occupancy vehicles when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.  ((There is hereby appropriated from the transportation fund‑-state to the department of transportation, program C for the period ending June 30, 1993, an additional $15 million for the sole purpose of expediting completion of the HOV core lane system.))  Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days.  ((The department shall evaluate the efficacy of the vehicle occupancy requirements and shall report to the legislative transportation committee by January 1, 1992.))

As used in this section, "high-occupancy vehicles" include:

(1) Private motor vehicles carrying a minimum number of occupants as designated by traffic control devices; and

(2) Regardless of the number of occupants:

(a) Motorcycles;

(b) Rubber-tired municipal transit vehicles;

(c) For hire vehicles;

(d) Auto stages;

(e) Vehicles used for transportation of passengers without compensation, such as courtesy vans, private carrier buses, school buses, and vehicles operating under chapter 81.66 RCW;

(f) Other vehicles as authorized by rule of the department of transportation.

Except when preparing to exit to the left or as provided by rule of the department of transportation, trucks over ten thousand pounds are prohibited from using high-occupancy vehicle lanes, regardless of the number of occupants.

It is unlawful for the driver of a vehicle specified in subsection (2)(c) through (f) of this section to travel alone in a high-occupancy vehicle lane without having first obtained from the department of transportation, upon payment of an appropriate fee, a sticker identifying the vehicle as an authorized high-occupancy vehicle.  The sticker must be clearly affixed to the vehicle in a manner determined by rule of the department.  Operating without a sticker or fraudulent use of a sticker is a traffic infraction punishable by a monetary penalty of not less than one hundred dollars.

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