I 
109TH CONGRESS 
1ST SESSION 
H. R. 325
To amend title 23, United States Code, to establish requirements for the 
operation of high occupancy vehicle facilities on highways. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005
Mr. GRAVES introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to establish require-
ments for the operation of high occupancy vehicle facili-
ties on highways.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hybrid HOV Access 
Act of 2005’’. 
SEC. 2. 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:
‘‘§ 165. 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. 
‘‘(5) ADVANCED LEAN BURN TECHNOLOGY VE-
HICLES.—Before September 30, 2009, the State 
agency may allow vehicles certified as advanced lean 
burn technology vehicles under subsection (e), and