Florida
High Occupancy Vehicle Ticket Attorney
When
driving on I-95 it is impossible to avoid seeing cars getting pulled over for violation of the HOV lanes. When you are running
late, and traffic is backed up bumper to bumper the HOV lane empty is certainly tempting. However, a violation of
a HOV lane is considered a moving violation. Is it worth getting points and having you insurance going up, and maybe
even having your license suspended?
If you do get a traffic ticket for a HOV violation call an experienced attorney
who can guarantee you no points on your license or your money back.
316.0741 High
occupancy vehicle lanes.--
(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.
