Motorcycles in the HOV lane
Jun 27, 2006Motorcycles are permitted in High Occupancy Vehicle (HOV) lanes in all fifty states and no highway with any federal funding may restrict access to motorcycles. From [23USC102](http://redirx.com/?7nbe):
TITLE 23—HIGHWAYS
CHAPTER 1—FEDERAL-AID HIGHWAYS
SUBCHAPTER I—GENERAL PROVISIONS
Sec. 102. Program efficiencies
(a) HOV Passenger Requirements.—
(1) In general.—A State transportation department shall
establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes; except that no fewer than 2 occupants per
vehicle may be required and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and bicycles
shall not be considered single occupant vehicles.
(2) Exception for inherently low-emission vehicles.—
Notwithstanding paragraph (1), before September 30, 2003, a State
may permit a vehicle with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicle is certified as an Inherently
Low-Emission Vehicle pursuant to title 40, Code of Federal
Regulations, and is labeled in accordance with, section 88.312-93©
of such title. Such permission may be revoked by the State should
the State determine it necessary.
(b) Access of Motorcycles.—No State or political subdivision of a
State may enact or enforce a law that applies only to motorcycles and
the principal purpose of which is to restrict the access of motorcycles
to any highway or portion of a highway for which Federal-aid highway
funds have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.