(1)  "High occupancy vehicle lane" or "HOV lane" means a lane of a public roadway designated for use by vehicles in which there is more than one occupant unless otherwise authorized by federal law.

(2)  The number of persons that must be in a vehicle to qualify for legal use of the HOV lane and the hours during which the lane will serve as an HOV lane, if it is not designated as such on a full-time basis, must also be indicated on a traffic control device.

(3)  A vehicle may not be driven in an HOV lane if the vehicle is occupied by fewer than the number of occupants indicated by a traffic control device. A driver who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

(4)  Notwithstanding any other provision of this section, an inherently low-emission vehicle (ILEV) that is certified and labeled in accordance with federal regulations may be driven in an HOV lane at any time, regardless of its occupancy. In addition, upon the state's receipt of written notice from the proper federal regulatory agency authorizing such use, a vehicle defined as a hybrid vehicle under this section may be driven in an HOV lane at any time, regardless of its occupancy. The department shall issue a decal and registration certificate, to be renewed annually, reflecting the HOV lane designation on such vehicles authorizing such use. The department may charge a fee for a decal, not to exceed the costs of designing, producing, and distributing each decal, or $5, whichever is less. The proceeds from sale of the decals shall be deposited in the Highway Safety Operating Trust Fund. 

(5)  As used in this section, the term "hybrid vehicle" means a motor vehicle:

(a)  That draws propulsion energy from onboard sources of stored energy which are both:

1.  An internal combustion or heat engine using combustible fuel; and

2.  A rechargeable energy storage system; and

(b)  That, in the case of a passenger automobile or light truck:

1.  Has received a certificate of conformity under the Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and

2.  Meets or exceeds the equivalent qualifying California standards for a low-emission vehicle.

(6)  The department may adopt rules necessary to administer this section.

Give us a call at (305) 598-4490. Our traffic ticket attorney has experience defending driving charged with failing to obey HOV lane requirements.