H-1031.1  _______________________________________________

                          HOUSE BILL 1603

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Morell, O'Brien, Miloscia, Kirby, Boldt, Mitchell, Campbell and Dunn

Read first time 01/30/2001.  Referred to Committee on Transportation.

Defining "high occupancy vehicle."

    AN ACT Relating to the definition of high occupancy vehicle; amending RCW 46.61.165 and 47.52.025; and adding a new section to chapter 46.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 46.04 RCW to read as follows:

    "High occupancy vehicle" means:

    (1) A rubber tired municipal transit vehicle;

    (2) A bus with a carrying capacity of at least sixteen persons, including the driver;

    (3) A motorcycle;

    (4) A motor home with at least the number of occupants specified on applicable highway signs;

    (5) A tow truck, regardless of weight or number of occupants, when en route to an emergency on a specific roadway or roadside; and

    (6) Any other vehicle with at least the number of occupants specified on applicable highway signs, other than a truck over twenty thousand pounds gross vehicle weight.

    Sec. 2.  RCW 46.61.165 and 1999 c 206 s 1 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.  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.  Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

    Sec. 3.  RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:

    Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic.  Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of ((public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers)) high occupancy vehicles as defined in section 1 of this act when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources.  Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.

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