# Presentation: 270975

## Federal-Aid Highway Program Guidance on HOV Lanes

- Neil Spiller
- FHWA Office of Operations

## Background on HOV Facilities and Hybrids

- 1990 Clean Air Act Amendments – Clean Vehicle Program.
- 1993 EPA Rulemaking – Defined ILEVs as vehicles meeting specific low-emission exhaust emission standards and having very low levels of evaporative emissions.
- Intent of ILEV – Vehicles operate on single dedicated non-gasoline fuel – CNG, LNG, LPG, electric.  No gasoline-powered vehicles meet ILEV standard.
- ILEV Concept – Federal initiative.
- EPA governs certification and other regulatory provisions.

## Background on HOV Facilities and Hybrids

- TEA 21
- Allows states to permit properly labeled and certified ILEVs to use HOV lanes without meeting occupancy requirements.  States may also revoke if determined necessary.
- Motorcycles and bicycles shall not be considered SOV.
- States may permit vehicles with fewer than 2 occupants to operate in HOV lanes if the facility is part of a value pricing pilot program.

## HOV Facilities and States with HOV/Clean Fuel Legislation

**States w/HOV Facilities**

**States with HOV/Clean Fuel Vehicle Legislation**

**States with HOV/Hybrid Legislation Pending Federal Legislation/Policy Direction**

## When would Federal actions be needed? 

- Changes that do not comply with the original project design concept, or scope, require a Federal review.
- For more details, refer to the Federal-Aid Highway Program Guidance on High Occupancy Vehicle (HOV) Lanes at _[www.fhwa.dot.gov/operations/hovguide01.](http://www.fhwa.dot.gov/operations/hovguide01.htm)__[htm](http://www.fhwa.dot.gov/operations/hovguide01.htm)_ or contact your local FHWA Division Office representatives.

## 
Permit States the option of maximizing the use of HOV lanes by allowing various types of vehicles to use HOV lanes without meeting minimum occupancy requirements, provided their presence does not seriously degrade the operational performance of the HOV lane.

Seriously degrade: a freeway HOV facility that fails to maintain a minimum average operating speed of at least 45 mph, 90% of the time over a consecutive six-month period. 

Agencies would be required to establish and support a program that continuously monitors, evaluates and reports on the impacts that any exempt vehicles may have on HOV lane operations.

- Permit States the option of maximizing the use of HOV lanes by allowing various types of vehicles to use HOV lanes without meeting minimum occupancy requirements, provided their presence does not *seriously degrade* the operational performance of the HOV lane.
- Seriously degrade: a freeway HOV facility that fails to maintain a minimum average operating speed of at least 45 mph, 90% of the time over a consecutive six-month period.
- Agencies would be required to establish and support a program that continuously monitors, evaluates and reports on the impacts that any exempt vehicles may have on HOV lane operations.

- Transportation Reauthorization-HOV exemptions

## Single occupant vehicles permitted to use HOV facilities may also be charged tolls.

Change the definition of “seriously degraded” 
Min. average operating speed of no more than 5 MPH below posted speed limit 
90% of the time over a consecutive 3-month period

The Secretary may revisit and revise through rulemaking three years after the passage of the reauthorization.

- Change the definition of “seriously degraded”
- Min. average operating speed of no more than 5 MPH below posted speed limit
- 90% of the time over a consecutive 3-month period
- The Secretary may revisit and revise through rulemaking three years after the passage of the reauthorization.

- FHWA Proposed Changes to SAFETEA Section 1610

## What would FHWA do?
Update the existing FHWA Program Guidance on HOV lanes
Develop awareness and briefing material 
Evaluate the existing programs that exempt certain vehicles from minimum HOV occupancy requirements 

- Update the existing FHWA Program Guidance on HOV lanes
- Develop awareness and briefing material
- Evaluate the existing programs that exempt certain vehicles from minimum HOV occupancy requirements

- What happens after the reauthorization bill is passed?

## What happens after the reauthorization bill is passed?

- What would States be required to do?
- Complete an analysis verifying that exempt vehicles from the min. occupancy requirements would not significantly degrade the operation of HOV lanes.
- States receiving FHWA Division Office approval to allow exempt vehicles to use HOV lanes would need to establish the necessary policies, procedures, programs, and provide the resources required to monitor, manage, and evaluate a program.
- States would need to restrict vehicles from using HOV lanes if they do not comply with whatever Federal provisions are passed.

## Questions?