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2.0 Summary of State Programs Allowing Exempt Vehicle Use of HOV/HOT Lanes

As of October 2013, 13 states had legislation and programs allowing some combination of hybrid, plug-in electric, low-emission, and energy-efficient vehicles to use HOV/HOT lanes. These states included Arizona, California, Colorado, Florida, Georgia, Hawaii, Maryland, New Jersey, New York, North Carolina, Tennessee, Utah, and Virginia. The program requirements vary, including authorized vehicles, methods to designate vehicles (stickers or license plates), costs, limits on the number of stickers or license plates that can be issued, and restrictions on use of some HOV/HOT lanes.

Tables 1 through 3 highlight general information on HOV/HOT lane user groups and the key elements of the various programs. Table 1 presents the vehicles authorized to use HOT lanes in different states, while Table 2 provides the vehicles authorized to use HOV lanes. Table 3 presents information on the major elements of the exempt vehicle programs in the 13 states; the HOV/HOT lanes covered by the programs, vehicles allowed, the authorization display methods, and any costs. Any limitations on the number of vehicles allowed by the programs, the number of stickers or license plates that can be issued, use as a percent of HOV/HOT lane volume, and the agency or agencies responsible for the programs are also listed. Similarities and differences in the approaches used in the programs are summarized next.

Table 1. HOT Lanes and Authorized Vehicles
State/HOT Lanes Tolled Carpools Occupancy Requirement Carpool Registration Vanpools Buses Motorcycles Alternative Fuel Vehicles
California1
San Diego – I-15
Bay Area – I-680
Los Angeles – I-10, I-110
checkmark checkmark 2+, except I-10 – 3+ peak period No checkmark checkmark checkmark SULEVs
AT-PZEVs
Colorado
Denver – I-25
checkmark checkmark 2+ No checkmark checkmark checkmark Qualifying Hybrids
Florida
Miami – I-95
checkmark checkmark 3+ Yes checkmark checkmark checkmark Qualifying Hybrids
Georgia2
Atlanta – I-85
checkmark checkmark 3+ Yes checkmark checkmark checkmark AFVs
Minnesota
Minneapolis – I-394, I-35W
checkmark checkmark 2+ No checkmark checkmark checkmark empty cell
Texas3
Houston – I-10W, I-45S, I-45N, US 59S, US 59N, US 290
checkmark checkmark 2+ No checkmark checkmark checkmark empty cell
Utah
Salt Lake City – I-15
checkmark checkmark 2+ No checkmark checkmark checkmark Qualifying Hybrids
Virginia
I-495
checkmark checkmark 2+ No checkmark checkmark checkmark empty cell
Washington
Seattle – SR 167
checkmark checkmark 2+ No checkmark checkmark checkmark empty cell
Source: Texas A&M Transportation Institute, 2013.
1California currently allows vehicles that meet the state’s SULEV standards that quality for the White Clean Air Vehicle Sticker and enhanced AT-PZEV vehicles that qualify for the Green Clean Air Vehicle Sticker to use HOT lanes without meeting the vehicle-occupancy requirements. These vehicles are not allowed to use the HOT lanes (ExpressLanes) on I-10 and I-110, however, as these facilities are part of the federally-funded Congestion Reduction Demonstration (CRD) program.
2Georgia currently allows AFVs to use the I-85 Express Lanes (HOT lanes), but hybrid vehicles are not included in the AFV definition.
3The HOV/HOT lanes on I-45S (Gulf Freeway), I-45N (North Freeway), US 59S (Southwest Freeway), and US 290 (Northwest Freeway) are reserved for HOVs-only from 7:00 a.m. to 8:00 a.m. and from 5:00 p.m. to 6:00 p.m. The HOV lanes on I-10W are part of the toll/managed lanes operated by the Harris County Toll Road Authority (HCTRA) in the freeway median. Buses, carpools, and vanpools have toll-free access weekdays from 5:00 a.m. to 11:00 a.m. and 2:00 p.m. to 8:00 p.m.

Table 2. Freeway HOV Lanes and Authorized Vehicles
State/HOV Lanes Carpools Occupancy Requirement Vanpools Buses Motorcycles Alternative Fuel Vehicles
Arizona
Phoenix Area – I-10, I-71, SR 51, SR 101, SR 202
checkmark 2+ checkmark checkmark checkmark Qualifying Hybrids
California1
Bay Area – SR 4, SR 84, SR 85, SR 87, SR 92, SR 237, I-80, I-280, I-580, I-680, I-880, US 101
Sacramento – SR 51, SR 99, US 50, I-80
Los Angeles/Southern California – I-105, I-605, SR 14, SR 22, SR 55, SR 57, SR 60, SR 71, SR 91, SR 118, SR 210, SR 134, SR 170, I-210, I-215, I-405, I-5, I-405
checkmark 2+, except Bay Bridge approach – 3+ checkmark checkmark checkmark SULEVs
AT-PZEVs
Colorado
Denver – US 36, SH 82, US 85
checkmark 2+ checkmark checkmark checkmark Qualifying Hybrids
Connecticut
Hartford – I-84, I-91, I-384
checkmark 2+ checkmark checkmark checkmark empty cell
Georgia2
Atlanta – I-75, I-20
checkmark 2+ checkmark checkmark checkmark AFVs
Hawaii
Honolulu – H-201, H-1, H-2, Route 92, Route 72
checkmark 2+ checkmark checkmark checkmark EVs
Maryland
I-270, US 50
checkmark 2+ checkmark checkmark checkmark PIVs
Massachusetts
I-93
checkmark 2+ checkmark checkmark checkmark empty cell
New York
Long Island Expressway (LIE)
Staten Island Expressway (SIE)
checkmark 2+ (LIE)
3+ (SIE)
checkmark checkmark checkmark Qualifying Hybrids (LIE)
North Carolina
Charlotte – I-77
checkmark 2+ checkmark checkmark checkmark PIV, natural gas, fuel cell electric
Pennsylvania
Pittsburgh – I-279/I-579
checkmark 2+ checkmark checkmark checkmark empty cell
Tennessee
Nashville – I-65, I-40, I-24,
Memphis – I-40, I-55
checkmark 2+ checkmark checkmark checkmark Qualifying Hybrids
Texas
Dallas – I-30E, i-35E, I-635, US 67
checkmark 2+ checkmark checkmark checkmark empty cell
Virginia
Northern Virginia – I-95, I-395
checkmark 3+ checkmark checkmark checkmark Qualifying Hybrids
I-66, Dulles Toll Road empty cell 2+ empty cell empty cell empty cell empty cell
Source: Texas A&M Transportation Institute, 2013.
1California currently allows vehicles that meet the state’s SULEV standards that quality for the White Clean Air Vehicle Sticker and enhanced AT-PZEV vehicles that qualify for the Green Clean Air Vehicle Sticker to use HOV lanes without meeting the vehicle-occupancy requirements.
2Georgia currently allows AFVs to use HOV lanes on I-75 and I-20, but hybrid vehicles are not included in the AFV definition.

Table 3. Hybrid and ILEV Authorization by State
State Legislation/Initiated Facilities Vehicles Allowed Display Method Cost Limit Number Issued1 Percent of HOV/HOT Lane Volumes1 Responsible Agency
Arizona
1997 – AFVs
2001 – Hybrids
Phoenix area HOV lanes – I-10, I-17, SR 51, SR 101, SR 202, ILEVs, qualifying hybrids Special license plate $10.59 empty cell empty cell empty cell Arizona Department of Transportation
2007 – Pilot Initiated empty cell empty cell empty cell empty cell 10,000 additional 2,500 issued 12,500 NI Arizona Department of Transportation
California All HOV lanes in the state empty cell empty cell empty cell empty cell empty cell empty cell California Air Resources Board, California Department of Motor Vehicles, California Department of Transportation
1999 – SULEVs empty cell SULEVs White clean air vehicle sticker $8.00 No limit 21,743 5%-to-15% of HOV lane volumes for white and yellow stickers California Air Resources Board, California Department of Motor Vehicles, California Department of Transportation
2004 – Hybrids(Allowed to Expire July 1, 2011) empty cell Hybrids Yellow clean air vehicle sticker $8.00 75,000 initially, 10,000 added 85,000 empty cell California Air Resources Board, California Department of Motor Vehicles, California Department of Transportation
2011 – Enhanced AT-PZEVs empty cell AT-PZEVs Green clean air vehicle sticker $8.00 40,000 8,859 empty cell California Air Resources Board, California Department of Motor Vehicles, California Department of Transportation
Colorado
1998 – ILEVS
Denver area – U.S. 36, Santa Fe Drive empty cell empty cell empty cell empty cell empty cell empty cell Colorado Department of Transportation, Colorado Department of Revenue
2003 – Hybrids SH 82 HOV lanes, and I-25 Express Lanes ILEVS, qualifying hybrids Orange stickers, toll transponders No cost for sticker, deposit for transponder 2,000 2,000 4% of HOV volume and 2% of total vehicles on
I-25 Express Lanes
Colorado Department of Transportation, Colorado Department of Revenue
Florida
2003 –ILEVs and Hybrids (based on Federal Approval)
I-95 HOT lanes ILEVS, qualifying hybrids Decal No cost No limit 3,722 1.5% of monthly trips, 55% of toll-exempt trips Florida Department of Transportation, Florida Department of Highway Safety and Motor Vehicles
Georgia
1991 – AFVs2004 – Hybrids
Atlanta area –
I-85, hybrid use not allowed
AFVs License plates/special tag $20 annual registration/decal fee; $35 special tag fee No limit NI Use by AFVs not available Georgia Department of Transportation, Georgia Department of Revenue
Hawaii Honolulu area – H-1, H-2, H-201, Route 92, Route 72 EVs License plates NI No Limit NI NI Hawaii Department of Transportation
Maryland I-270 and US 50 HOV lanes PIVs Permit No Cost2 No Limit 988 NI Maryland Motor Vehicle Administration, State Highway Administration, Maryland Department of Transportation
New Jersey
2006 – Hybrids
2009 – Reconfirmed
New Jersey Turnpike HOV lanes ILEVS, qualifying hybrids No display Must still pay toll No limit empty cell NI New Jersey Turnpike Authority
New York Long Island Expressway Hybrids Decal No cost No limit 19,895 26%-to-31% of peak hour HOV lane volumes New York Department of Transportation, New York State Department of Motor Vehicles, New York State Department of Environmental Conservation
North Carolina Charlotte – I-77 PIVs, natural gas, fuel cell electric NI NI NI empty cell NI North Carolina Department of Transportation
Tennessee
2009 – Hybrids
Nashville area –
I-65, I-40, I-24 HOV lanes; Memphis area –
I-40 and I-55-HOV lanes
Hybrids Decal No cost No limit 2,133 NI Tennessee Department of Revenue, Tennessee Department of Transportation
Utah
2001 – AVLs and Qualifying Hybrids
2011 – Modified to Match EPA Requirements
I-15 HOT Express Lanes in Salt Lake City Qualifying hybrids Decal (change from license plate) $10 fee for C Decal No limit 5,555 C Decals NI Utah Department of Transportation
Virginia
1993 – AVLs
2000 – Hybrids
Northern Virginia – I-395, I-95, I-66, Dulles Toll Road; Hampton Roads – I-64, SR 44 Qualifying hybrids License plate $25 fee for license plate Use limited by plate type3 26,516 10%-to-24% of HOV lane volumes in northern Virginia Virginia Department of Transportation, Virginia Department of Motor Vehicles
Source: Texas A&M Transportation Institute, 2013.
1N I – No information available.
2The legislation in Maryland authorizes the Motor Vehicle Administration to charge an annual fee not exceeding $20 for a PIV permit. No fee is currently charged.
3Virginia has three different designs of clean special fuel license plates. Use of the I-395 and I-95 HOV lanes in northern Virginia is limited to vehicles with clean special fuel license plates issued prior to July 1, 2006. Use of the I-66 HOV lanes is limited to the vehicles with clean special fuel license plated issues prior to July 1, 2006 and the clean special fuel license plates issued prior to July 1, 2011.

Information on the use of HOV/HOT lanes by law enforcement, emergency medical, and other exempt vehicles is presented at the end of this chapter.

2.1 SIMILARITIES AND DIFFERENCES IN LOW-EMISSION AND ENERGY EFFICIENT VEHICLE PROGRAMS

As highlighted in Table 3, the 13 programs focus on different types of hybrid, plug-in electric, low-emission, and energy-efficient vehicles and have different requirements. Key similarities and differences in the approaches are summarized in this section.

  • Exempt vehicle legislation in seven states – Arizona, Hawaii, Maryland, New York, North Carolina, Tennessee, and Virginia – cover HOV lanes. Programs in California, Colorado, Georgia, Florida, and Utah include HOT lanes. The New Jersey program allows hybrid and other low-emission and energy-efficient vehicles to use the HOV lanes on the New Jersey Turnpike, but these vehicles must still pay the toll.
  • Although all states follow the U.S. Environmental Protection Agency (EPA) guidelines related to low-emission and energy-efficient vehicles, there are differences in the models and makes of hybrid and alternative fuel vehicles (AFVs) allowed to use HOV/HOT lanes. In Arizona, only three models – the Honda Insight, the Toyota Prius, and the Honda Civic Hybrid – met the Tier II emissions requirements and achieved not less than 45 percent fuel efficiency in combined city-highway fuel economy when the pilot program was initiated in 2007. Since it is an ongoing pilot, these models continue to be the only ones eligible for the program, although any model year qualifies. In comparison, the Florida program included almost 200 eligible hybrids and other AFVs. Legislation in two states – Hawaii and Maryland – focuses on electric vehicle (EVs) and plug-in electric vehicles (PIVs or PEVs).
  • Four states – Arizona, Georgia, Hawaii, and Virginia – use special license plates for qualifying hybrids and other AFVs. Seven states – California, Colorado, Florida, Maryland, New York, Tennessee, and Utah – use stickers, decals, or permits that must be displayed on a vehicle.
  • New Jersey does not use any display methods for hybrid vehicles using the New Jersey Turnpike HOV lanes. Single-occupancy Hybrid vehicle drivers must still pay the toll, but have access to the HOV lanes.
  • Five states – Arizona, California, Georgia, Utah, and Virginia – charge a fee for the exempt vehicle license plate or sticker. The fees range from a low of $8 in California, to a high of $25 in Virginia. No fees are charged with the programs in Colorado, Florida, Maryland, New Jersey, New York, and Tennessee. However, drivers must pay for toll transponders in Colorado and Florida, and New Jersey.
  • Three states – Arizona, California, and Colorado – limit the number of license plates or stickers that can be issued to hybrids or other AFVs. Arizona initially allowed 10,000 special license plates to be allocated in the pilot program implemented in February 2007. The limit of 10,000 was reached in May 2008. In 2011, the Arizona Department of Transportation (ADOT) calculated that an additional 2,500 special license plates could be issued based on returned and non-renewed plates. Available in September 2011, these additional 2,500 license plates were quickly taken. The 2004 legislation in California allowing hybrids access to HOV lanes authorized 75,000 yellow clean air vehicle stickers. Subsequent legislation in 2006 allowed an additional 10,000 decals to be issued. There were 85,000 stickers in use when the legislation was allowed to expire on July 1, 2011. The new green clean air vehicle stickers are limited to the first 40,000 vehicles meeting the new California Enhanced Advanced Technology – Partial Zero Emission Vehicle (AT-PZEV) requirements. As of December 31, 2012, 8,859 green clean air vehicle stickers had been issued. There are no limits on the number of white clean air vehicle stickers for California’s super ultra-low emissions vehicles (SULEV). As of December 31, 2012, 21,743 white stickers had been issued. In Colorado, the number of orange stickers available for use of the HOV/HOT lanes in the Denver area was limited to the first 2,000 vehicles. This limit was reached in mid-2012.
  • The number of decals, stickers, or license plates issued varies by state. California and Virginia have experienced the most demand, probably due to the trip-time savings and trip-time reliability afforded by the HOV lanes in the two states. California reached the legislatively imposed limit of 85,000 for the yellow hybrid stickers in mid-2006. The legislature allowed the yellow hybrid sticker program to expire on July 1, 2011. Both the white stickers and the new green stickers continued to be issued, with 21,743 white stickers and 8,859 green stickers in circulation as of the end of 2012. Approximately 25,696 clean special fuel license plates were issued in Virginia as of October 2013, with use restricted by different HOV facilities. In comparison, approximately 12,500 special license plates have been issued in Arizona, which is the legislatively-imposed limit, and the limit of 2,000 stickers has been reached in Colorado. Approximately 1,300 hybrid decals have been issued in Nashville, 5,555 C Decals have been issued in Utah, and approximately 20,000 hybrid decals have been issued for the Long Island Expressway (LIE) in New York, all of which have no limit.
  • California is the only state to allow legislation on hybrid access to HOV lanes to expire. As of July 1, 2011, the 85,000 hybrid vehicles with the yellow clean air vehicle stickers were no longer able to access the HOV lanes in the state without meeting the vehicle-occupancy requirements. The original legislation allowing HOV access to qualifying inherently low-emission vehicles (ILEVs) with white clean air vehicle stickers was extended until January 1, 2015. In addition, the legislation established a new green clean air vehicle sticker for vehicles meeting California’s enhanced AT-PZEV requirements. As noted previously, as of December 31, 2012, 8,859 green clean air vehicle stickers had been issued. Legislation passed in 2013 extended the white and the green clean vehicle sticker programs until 2019.
  • Virginia is the only state to regulate hybrid vehicle use of the HOV lanes by changing the clean special fuel license plate design and limiting hybrid vehicle access to specific HOV lanes based on the license plate design. There are currently three clean special fuel license plates in use in Virginia. Use of the HOV lanes in northern Virginia, which includes I-394, I-95, and I-66, is limited to certain license plates.
  • Information on the use of HOV/HOT lanes by exempt vehicles is somewhat limited. Five states – California, Colorado, Florida, New York, and Virginia – have available data on use of the HOV/HOT lanes by exempt vehicles. Hybrids account for a little over 2 percent of the total vehicles using the I-25 Express Lanes in Denver; 26-to-31 percent of peak hour HOV volumes on the Long Island Expressway in New York; and 10-to-24 percent of total HOV lane volumes on HOV lanes in northern Virginia.

2.2 OTHER EXEMPT VEHICLES

Other exempt vehicles are allowed to use HOV/HOT lanes in most states. These typically include public transit buses with only the driver and marked (rooftop emergency lights and sirens) law enforcement and emergency vehicles with only the driver.

Public transit buses carrying passengers are important elements of most HOV/HOT lanes. Buses are carrying more people in fewer vehicles, adding to the people-moving capacity of HOV, HOT, and managed lanes. Public transit buses with only the driver, which are typically dead-heading or out of service to begin or end service, are allowed to use most HOV, HOT, and managed lanes. This approach provides operating efficiencies and cost savings to the transit agencies and improved service for riders. Issues may arise, however, if taxicabs, airport shuttles, and other private transportation vehicles request the same access. No HOV/HOT lanes have been identified allowing these types of vehicles without meeting the occupancy requirement or paying a toll.

Marked law enforcement and emergency vehicles, which typically include police, sheriff, state patrol, emergency medical services (EMS), and other related vehicles, are allowed to use most HOV/HOT lanes without meeting the occupancy requirements. The use of HOV/HOT facilities by marked law enforcement and emergency vehicles appears to be relatively low and does not appear to be monitored. The use of HOV/HOT lanes by unmarked law enforcement and emergency vehicles or by law enforcement and emergency personnel traveling in their own vehicles was an issue on the HOV lanes in northern Virginia in the early 2000s.

The Code of Virginia provides an HOV exemption for law enforcement, but no specific definition of a law enforcement vehicle is provided in the state statute. The Virginia HOV Enforcement Task Force noted issues with the use of HOV lanes in northern Virginia by off-duty law enforcement and emergency personnel, as well as federal employees who consider themselves law enforcement personnel, traveling to and from work in their personal vehicles. Although the Task Force was not able to determine the number of these individuals, it is recommended that the statute be better defined and that education and outreach efforts be undertaken focused on these individuals. Outreach efforts were initiated which appear to have helped address the issue.

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