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An Act to amend and reenact 33.1-46.2 of the Code of Virginia, relating to high-occupancy vehicle lanes.
[S 17]
Approved April 8, 1994

Be it enacted by the General Assembly of Virginia:

1. That 33.1-46.2 of the Code of Virginia is amended and reenacted as follows:

33.1-46.2. Designation of high-occupancy vehicle lanes; use of such lanes; penalties.

A. In order to facilitate the rapid and orderly movement of traffic to and from urban areas during peak traffic periods, the Commonwealth Transportation Board may designate one or more lanes of any highway in the interstate, primary, or secondary highway systems as high-occupancy vehicle lanes, hereinafter referred to in this section as HOV lanes. When lanes have been so designated and have been appropriately marked with such signs or other markers as the Board may prescribe, they shall be reserved during periods designated by the Board for the exclusive use of buses and high-occupancy vehicles. Any local governing body may also designate HOV lanes with respect to highways under its exclusive jurisdiction. HOV lanes shall be reserved for high-occupancy vehicles of a specified number of occupants as determined by the Board or, for those highways under the exclusive control of a local governing body, that local governing body. Notwithstanding the foregoing provisions of this section, no designation of any lane or lanes of any highway as HOV lanes shall apply to the use of any such lanes by emergency :

1. Emergency vehicles such as fire-fighting vehicles, ambulances, and rescue squad vehicles, law-enforcement

2. Law-enforcement vehicles, and vehicles

3. Vehicles of public utility companies when operating in response to an emergency call , or

4. Until July 1, 1997, vehicles bearing clean special fuel vehicle license plates issued pursuant to 46.2-749.3.

B. In designating any lane or lanes of any highway as HOV lanes the Board, or local governing body as the case may be, shall specify the hour or hours of each day of the week during which the lanes shall be so reserved, and the hour or hours shall be plainly posted at whatever intervals along the lanes the Board or local governing body deems appropriate. Any person driving a motor vehicle in a designated HOV lane in violation of this section shall be guilty of a traffic infraction which shall not be a moving violation and on conviction shall be fined fifty dollars.

C. In the prosecution of an offense, committed in the presence of a law-enforcement officer, of failure to obey a road sign restricting a highway, or portion thereof, to the use of high-occupancy vehicles, proof that the vehicle described in the HOV violation summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation. A summons for a violation of this section may be executed in accordance with 19.2-76.2. Such rebuttable presumption shall not arise when the registered owner of the vehicle is a rental or leasing company.

D. Notwithstanding the provisions of 19.2-76, whenever a summons for a violation of this section is served in any county, city, or town, it may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in 19.2-76.3.

No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons.

E. Notwithstanding 33.1-252, high-occupancy vehicles having three or more occupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. Brault Expressway (Dulles Toll Road) without paying a toll. The Commonwealth Transportation Board shall conduct a study as to the feasibility and safety of such toll-free use of the Omer L. Hirst-Adelard L. Brault Expressway and report its findings to the Governor and the General Assembly prior to the 1994 Regular Session of the General Assembly.

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