H.B. 23 Enrolled

1

HIGH OCCUPANCY VEHICLE LANE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen G. Handy
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the eligibility of a clean fuel vehicle to operate
10 in a high occupancy vehicle lane.
11 Highlighted Provisions:
12 This bill:
13 . provides that the Department of Transportation may issue a certain number of clean
14 fuel vehicle decals;
15 . authorizes the Department of Transportation to make rules to increase the number
16 of clean fuel vehicle decals issued to eligible applicants if the increased issuance
17 allows the Department of Transportation to continue to meet its goals for
18 operational management of the high occupancy vehicle lanes and comply with
19 federal law or federal regulations;
20 . provides that a vehicle is only eligible for a clean fuel vehicle permit and a clean
21 fuel vehicle decal if the vehicle is registered in the state of Utah; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 41-6a-702, as last amended by Laws of Utah 2011, Chapter 394

30 72-6-121, as enacted by Laws of Utah 2011, Chapter 394
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-702 is amended to read:
34 41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
35 Penalties.
36 (1) As used in this section and Section 41-6a-704 , "general purpose lane" means a
37 highway lane open to vehicular traffic but does not include a designated:
38 (a) high occupancy vehicle (HOV) lane; or
39 (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
40 off-ramp.
41 (2) On a freeway or section of a freeway which has three or more general purpose lanes
42 in the same direction, a person may not operate a vehicle in the left most general purpose lane
43 if the person's:
44 (a) vehicle is drawing a trailer or semitrailer regardless of size; or
45 (b) vehicle or combination of vehicles has a gross vehicle weight of 12,001 or more
46 pounds.
47 (3) Subsection (2) does not apply to a person operating a vehicle who is:
48 (a) preparing to turn left or taking a different highway split or an exit on the left;
49 (b) responding to emergency conditions;
50 (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
51 merging lane; or
52 (d) following direction signs that direct use of a designated lane.
53 (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
54 of vehicle on a highway or portion of a highway under its jurisdiction for the:
55 (i) safety of the public;
56 (ii) efficient maintenance of a highway; or
57 (iii) use of high occupancy vehicles.

58 (b) The lane designation under Subsection (4)(a) is effective when appropriate signs
59 giving notice are erected on the highway or portion of the highway.
60 (c) If a highway authority establishes an HOV lane, the highway authority shall
61 annually report to the Transportation Interim Committee no later than November 30 of each
62 year regarding:
63 (i) the types of vehicles that may access the lane;
64 (ii) where, when, and how a vehicle may access the lane;
65 (iii) how a tax, fee, or charge is assessed for a vehicle carrying less than the number of
66 persons specified for the lane;
67 (iv) the usage of the HOV lane as compared to the usage of the general purpose lanes
68 along the same stretch of highway; and
69 (v) the compliance issues, safety risks, and impacts of the lane parameters described
70 under Subsections (4)(c)(i), (ii), and (iii).
71 [(5) (a) (i) Subject to Subsection (5)(b) and until June 30, 2011, the lane designation
72 under Subsection (4)(a)(iii) shall allow a vehicle with clean fuel special group license plates
73 issued in accordance with Section 41-1a-418 to travel in lanes designated for the use of high
74 occupancy vehicles regardless of the number of occupants to the extent authorized or permitted
75 by federal law or federal regulation.]
76 [(ii)] (5) (a) Subject to Subsection (5)(b) and beginning on July 1, 2011, the lane
77 designation under Subsection (4)(a)(iii) shall allow a vehicle with a clean fuel vehicle decal
78 issued in accordance with Section 72-6-121 to travel in lanes designated for the use of high
79 occupancy vehicles regardless of the number of occupants [to the extent authorized or] as
80 permitted by federal law or federal regulation.
81 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
82 the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
83 decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
84 number of occupants [to the extent authorized or] as permitted by federal law or federal
85 regulation.

86 (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
87 not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121 .
88 (iii) The Department of Transportation may, through rules made under Subsection
89 (5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
90 72-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
91 allow the Department of Transportation to continue to meet its goals for operational
92 management of the lane designated under Subsection (4)(a)(iii).
93 (6) A person who operates a vehicle in violation of Subsection (2) or in violation of the
94 restrictions made under Subsection (4) is guilty of a class C misdemeanor.
95 Section 2. Section 72-6-121 is amended to read:
96 72-6-121. Clean fuel vehicle decal.
97 (1) Beginning on July 1, 2011, and subject to the requirements of this section, the
98 department shall issue a clean fuel vehicle decal permit and a clean fuel vehicle decal to an
99 applicant if:
100 (a) the applicant is an owner of a vehicle:
101 (i) powered by clean fuel that meets the standards established by the department in
102 rules authorized under Subsection 41-6a-702 (5)(b); and
103 (ii) that is registered in the state of Utah;
104 (b) the applicant remits an application and all fees required under this section[.]; and
105 (c) the department has clean fuel vehicle decals available subject to the limits
106 established by the department in accordance with Subsection 41-6a-702 (5)(b).
107 (2) The department shall establish the clean fuel vehicle decal design in consultation
108 with the Utah Highway Patrol.
109 (3) (a) An applicant for a clean fuel vehicle decal shall pay a clean fuel vehicle decal
110 fee established by the department in accordance with Section 63J-1-504 .
111 (b) Funds generated by the clean fuel vehicle decal fee may be used by the department
112 to cover the costs incurred in issuing clean fuel vehicle decals under this section.
113 (4) (a) The department shall issue a clean fuel vehicle decal permit and a clean fuel

114 vehicle decal to a person who has been issued a clean fuel special group license plate prior to
115 July 1, 2011.
116 (b) A person who applies to the department to receive a clean fuel vehicle decal permit
117 and a clean fuel vehicle decal under Subsection (4)(a) is not subject to the fee imposed under
118 Subsection (3).
119 (5) (a) An owner of a vehicle may not place a clean fuel vehicle decal on a vehicle
120 other than the vehicle specified in the application for the clean fuel vehicle decal permit and the
121 clean fuel vehicle decal.
122 (b) A person operating a motor vehicle that has been issued a clean fuel vehicle decal
123 shall:
124 (i) have in the person's immediate possession the clean fuel vehicle decal permit issued
125 by the department for the motor vehicle the person is operating; and
126 (ii) display the permit upon demand of a peace officer.
127 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
128 department shall make rules to administer the clean fuel vehicle decal program authorized in
129 this section.

[Bill Documents]