I 
108TH CONGRESS 
2D SESSION 
H. R. 5417 
To amend title 23, United States Code, relating to high occupancy vehicle 
lanes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2004 
Mr. SHERMAN introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, relating to high 
occupancy vehicle lanes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. HOV FACILITIES. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 167. HOV facilities 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY
OF
STATE
AGENCIES.—A 
State agency that has jurisdiction over the operation
of a HOV facility shall establish the occupancy re-
quirements of vehicles operating on the facility. 
‘‘(2) OCCUPANCY
REQUIREMENT.—Except as 
otherwise provided by this section, no fewer than 2 
occupants per vehicle may be required for use of a 
HOV facility. 
‘‘(b) EXCEPTIONS.—Notwithstanding the occupancy 
requirements of subsection (a)(2), the following exceptions 
shall apply with respect to a State agency operating a 
HOV facility: 
‘‘(1) MOTORCYCLES AND BICYCLES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the State agency shall allow motor-
cycles and bicycles to use the HOV facility. 
‘‘(B) SAFETY EXCEPTION.—A State agen-
cy may restrict use of the HOV facility by mo-
torcycles or bicycles (or both) if the agency cer-
tifies to the Secretary that such use would cre-
ate a safety hazard and the Secretary accepts 
the certification. The Secretary may accept a 
certification under this subparagraph only after 
the Secretary publishes notice of the certifi-
cation in the Federal Register and provides an 
opportunity for public comment.
‘‘(2) PUBLIC
TRANSPORTATION
VEHICLES.— 
The State agency may allow public transportation 
vehicles to use the HOV facility if the agency— 
‘‘(A) establishes requirements for clearly 
identifying the vehicles; and 
‘‘(B) establishes procedures for enforcing 
the restrictions on the use of the facility by 
such vehicles. 
‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The 
State agency may allow vehicles not otherwise ex-
empt pursuant to this subsection to use the HOV fa-
cility if the operators of such vehicles pay a toll 
charged by the agency for use of the facility and the 
agency— 
‘‘(A) establishes a program that addresses 
how motorists can enroll and participate in the 
toll program; 
‘‘(B) develops, manages, and maintains a 
system that will automatically collect the toll; 
and 
‘‘(C) establishes policies and procedures 
to— 
‘‘(i) manage the demand to use the fa-
cility by varying the toll amount that is 
charged;
‘‘(ii) enforce violations of use of the 
facility; and 
‘‘(iii) permit low-income individuals to 
pay reduced tolls. 
‘‘(4) LOW
EMISSION
AND
ENERGY-EFFICIENT 
VEHICLES.— 
‘‘(A) INHERENTLY
LOW-EMISSION
VEHI-
CLE.—Before September 30, 2009, the State 
agency may allow vehicles that are certified as 
inherently low-emission vehicles pursuant to 
section 88.311–93 of title 40, Code of Federal 
Regulations, and are labeled in accordance with 
section 88.312–93 of such title, to use the HOV 
facility if the agency establishes procedures for 
enforcing the restrictions on the use of the fa-
cility by such vehicles. 
‘‘(B) OTHER LOW EMISSION AND ENERGY- 
EFFICIENT VEHICLES.—Before September 30, 
2009, the State agency may allow vehicles cer-
tified as low emission and energy-efficient vehi-
cles under subsection (e), and labeled in accord-
ance with subsection (e), to use the HOV facil-
ity if the agency— 
‘‘(i) establishes a program that ad-
dresses how those qualifying low emission
and energy-efficient vehicles are selected 
and certified; 
‘‘(ii) establishes requirements for la-
beling qualifying low emission and energy- 
efficient vehicles (including procedures for 
enforcing those requirements); 
‘‘(iii) continuously monitors, evalu-
ates, and reports to the Secretary on per-
formance; and 
‘‘(iv) imposes such restrictions on the 
use on high occupancy vehicle lanes by ve-
hicles that do not satisfy established occu-
pancy requirements as are necessary to en-
sure that the performance of individual 
high occupancy vehicle lanes, and the en-
tire high occupancy vehicle lane system, 
will not become seriously degraded. 
‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.— 
‘‘(1) IN
GENERAL.—Tolls may be charged 
under subsections (b)(3) and (b)(4) notwithstanding 
section 301 and, except as provided in paragraphs 
(2) and (3), subject to the requirements of section 
129. 
‘‘(2) HOV FACILITIES
ON
THE
INTERSTATE 
SYSTEM.—Notwithstanding section 129, tolls may be
charged under subsections (b)(3) and (b)(4) on a 
HOV facility on the Interstate System. 
‘‘(3) EXCESS
TOLL
REVENUES.—If a State 
agency makes a certification under the last sentence 
of section 129(a)(3) with respect to toll revenues col-
lected under subsections (b)(3) and (b)(4), the 
State, in the use of tolls revenues under that sen-
tence, shall give priority consideration to projects for 
developing alternatives to single occupancy vehicle 
travel and projects for improving highway safety. 
‘‘(d) HOV FACILITY MANAGEMENT, OPERATION, 
MONITORING, AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.—A State agency that allows 
vehicles to use a HOV facility under subsection 
(b)(3) or (b)(4) in a fiscal year shall certify to the 
Secretary that the agency will carry out the fol-
lowing responsibilities with respect to the facility in 
the fiscal year: 
‘‘(A) Establishing, managing, and sup-
porting a performance monitoring, evaluation, 
and reporting program for the facility that pro-
vides for continuous monitoring, assessment, 
and reporting on the impacts that such vehicles 
may have on the operation of the facility and 
adjacent highways.
‘‘(B) Establishing, managing, and sup-
porting an enforcement program that ensures 
that the facility is being operated in accordance 
with the requirements of this section. 
‘‘(C) Limiting or discontinuing the use of 
the facility by such vehicles if the presence of 
such vehicles has degraded the operation of the 
facility. 
‘‘(2) DEGRADED FACILITY.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the operation of a HOV facility shall 
be considered to be degraded if vehicles oper-
ating on the facility are failing to maintain a 
minimum average operating speed 90 percent of 
the time over a consecutive 6-month period dur-
ing morning or evening weekday peak hour pe-
riods (or both). 
‘‘(B) 
MINIMUM
AVERAGE
OPERATING 
SPEED
DEFINED.—In subparagraph (A), the 
term 
‘minimum 
average 
operating 
speed’ 
means— 
‘‘(i) 45 miles per hour, in the case of 
a HOV facility with a speed limit of 50 
miles per hour or greater; and
‘‘(ii) not more than 10 miles per hour 
below the speed limit, in the case of a 
HOV facility with a speed limit of less 
than 50 miles per hour. 
‘‘(e) CERTIFICATION OF LOW EMISSION AND EN-
ERGY-EFFICIENT VEHICLES.—Not later than 6 months 
after the date of enactment of this section, the Adminis-
trator of the Environmental Protection Agency shall issue 
a final rule establishing requirements for certification of 
vehicles as low emission and energy-efficient vehicles for 
purposes of this section and requirements for the labeling 
of such vehicles. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term 
‘alternative fuel vehicle’ means a vehicle that oper-
ates on— 
‘‘(A) methanol, denatured ethanol, or other 
alcohols; 
‘‘(B) a mixture containing at least 85 per-
cent of methanol, denatured ethanol, and other 
alcohols by volume with gasoline or other fuels; 
‘‘(C) natural gas; 
‘‘(D) liquefied petroleum gas; 
‘‘(E) hydrogen;
‘‘(F) coal derived liquid fuels; 
‘‘(G) fuels (except alcohol) derived from bi-
ological materials; 
‘‘(H) electricity (including electricity from 
solar energy); or 
‘‘(I) any other fuel that the Secretary pre-
scribes by regulation that is not substantially 
petroleum and that would yield substantial en-
ergy security and environmental benefits. 
‘‘(2) HOV FACILITY.—The term ‘HOV facility’ 
means a high occupancy vehicle facility. 
‘‘(3) LOW EMISSION AND ENERGY EFFICIENT 
VEHICLE.—The term ‘low emission and energy-effi-
cient vehicle’ means a vehicle that— 
‘‘(A) has been certified by the Adminis-
trator of the Environmental Protection Agency 
as meeting the Tier II emission level established 
in regulations prescribed by the Administrator 
under section 202(i) of the Clean Air Act (42 
U.S.C. 7521(i)) or as meeting a California Air 
Resources Board emission standard that is at 
least as stringent for that make and model year 
vehicle and meets any additional Environmental 
Protection Agency or California Air Resources 
Board emissions category or other requirements
identified by the Agency or the Board, as the 
case may be; and 
‘‘(B)(i) has been certified by the Adminis-
trator to have a 45-mile-per-gallon or greater 
fuel economy highway rating; or 
‘‘(ii) is an alternative fuel vehicle. 
‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The 
term ‘public transportation vehicle’ means a vehicle 
that provides public transportation (as defined in 
section 5302(a) of title 49). 
‘‘(5) STATE AGENCY.—The term ‘State agency’, 
as used with respect to a HOV facility, means an 
agency of a State or local government having juris-
diction over the operation of the facility and includes 
a State transportation department.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) PROGRAM EFFICIENCIES.—Section 102 of 
title 23, United States Code, is amended by striking 
subsection (a) and redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively. 
(2) CHAPTER ANALYSIS.—The analysis for sub-
chapter I of chapter 1 of such title is amended by 
adding at the end the following: 
‘‘167. HOV facilities.’’. 
(c) TECHNICAL AMENDMENT.—Section 102(c) of 
title 23, United States Code, is amended by striking ‘‘10
years’’ and all that follows through ‘‘after’’ and inserting 
‘‘10 years (or such longer period as the State requests and 
the Secretary determines to be reasonable) after’’. 
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