49-1421A. HIGH OCCUPANCY VEHICLE LANES — PENALTIES — DEFINITIONS. (1) Except as provided in subsections (2) and (3) of this section, a person shall not drive a vehicle carrying fewer than two (2) persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two (2) or more persons, including the driver.
(2) A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.
(3) A person may drive a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.
(4) A person may drive an emergency vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or when performing normal patrol duties.
(5) A person may drive an authorized maintenance vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when necessary to perform maintenance of that lane.
(6) Any violation of the provisions of this section shall be an infraction punishable by a fixed penalty of one hundred dollars ($100).
(7) For the purposes of this section, the following terms have the following meanings:
(a) "High occupancy vehicle lane" means a designated lane of laned roadway where the use of such designated lane is restricted to vehicles carrying at least the minimum number of persons as provided for in this section and as designated by the director of the Idaho transportation department as indicated on official signs and other official traffic-control devices.
(b) "Public transportation vehicle" means a vehicle that:
(i) Provides a designated public transportation as defined in section 221 of the Americans with disabilities act of 1990 or provides public school transportation (that is, to and from public or private primary, secondary or tertiary schools); and
(ii) Is owned or operated by a public entity, or is operated under a contract with a public entity, or is operated pursuant to a license by the secretary of the United States department of transportation or an agency of the state of Idaho, to provide motorbus or school vehicle transportation services to the public.
(8) The provisions of this section shall apply only in counties with a population less than twenty-five thousand (25,000), according to the most recent census within the state of Idaho, and where such county includes a resort city authorized to approve certain nonproperty taxes pursuant to section 50-1044, Idaho Code.
History:
[49-1421A, added 2009, ch. 192, sec. 1, p. 626.]
Structure Idaho Code
Chapter 14 - TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS
Section 49-1401 - RECKLESS DRIVING.
Section 49-1401A - DISTRACTED DRIVING.
Section 49-1402 - PARTIES TO A CRIME.
Section 49-1403 - OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.
Section 49-1404 - FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER — PENALTY.
Section 49-1405 - ARRESTS FOR SERIOUS OFFENSES.
Section 49-1406 - WHEN PERSON MUST BE TAKEN IMMEDIATELY BEFORE A MAGISTRATE.
Section 49-1407 - WHEN PEACE OFFICER HAS OPTION TO TAKE PERSON BEFORE A MAGISTRATE.
Section 49-1408 - ARREST OF NONRESIDENT.
Section 49-1409 - ISSUANCE OF TRAFFIC CITATION.
Section 49-1410 - AUTHORITY OF OFFICER TO ISSUE CITATION AT SCENE OF ACCIDENT.
Section 49-1411 - APPEARANCE BEFORE MAGISTRATE — PROCEDURE.
Section 49-1412 - RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE.
Section 49-1413 - PROCEDURE PRESCRIBED NOT EXCLUSIVE.
Section 49-1414 - CONVICTION FOR TRAFFIC VIOLATION NOT TO AFFECT CREDIBILITY OF WITNESS.
Section 49-1415 - ILLEGAL CANCELLATION OF TRAFFIC CITATION — AUDIT OF CITATION RECORDS.
Section 49-1416 - RECORD OF TRAFFIC CASES — REPORT OF CONVICTIONS TO DEPARTMENT.
Section 49-1417 - PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE.
Section 49-1419 - OBEDIENCE TO TRAFFIC DIRECTION.
Section 49-1420 - INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.
Section 49-1421 - DRIVING ON DIVIDED HIGHWAYS — RESTRICTED ACCESS.
Section 49-1421A - HIGH OCCUPANCY VEHICLE LANES — PENALTIES — DEFINITIONS.
Section 49-1422 - OVERTAKING AND PASSING SCHOOL BUS.
Section 49-1423 - INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES.
Section 49-1424 - RACING ON PUBLIC HIGHWAYS.
Section 49-1425 - RAILROAD TRAINS NOT TO UNNECESSARILY BLOCK CROSSINGS.
Section 49-1426 - PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR DRUGS.
Section 49-1427 - VEHICLES TRANSPORTING EXPLOSIVES.
Section 49-1428 - FINANCIAL RESPONSIBILITY.
Section 49-1429 - FALSE CERTIFICATE.