§345. Designation of a high-occupancy vehicle (HOV) lane on highways in the state highway system; penalty

            A. The secretary or his designee may designate high-occupancy vehicle (HOV) lanes on any highway in the state highway system where adequate shoulders exist and may restrict the use thereof to vehicular traffic classified as a "high-occupancy vehicle (HOV)" to the extent that the secretary or his designee thinks it expedient. Nothing in this Section authorizes the secretary or his designee to designate an existing roadway or travel lane as a high-occupancy vehicle (HOV) lane.

            B. Terms as defined in R.S. 32:1 and R.S. 47:820.5.9 shall retain their definitions, unless the term or terms are specifically defined in this Subsection. Unless the context dictates otherwise, when used in this Section, the following terms shall have the following meanings:

            (1)(a) "High-occupancy vehicle (HOV)" is defined as follows:

            (i) A bus or school bus.

            (ii) A passenger car, pickup truck, van, recreational vehicle, or other motorized passenger vehicle, provided that the vehicle has a driver and at least one passenger or more, if so provided by rule for the HOV lane being utilized, and is a qualified HOV as defined in R.S. 47:820.5.9(B).

            (b) A truck or tandem truck, tractor, truck-tractor, combination of vehicles, or commercial motor vehicle carrying or transporting freight, merchandise, or other property shall not be a high-occupancy vehicle.

            (2) "High-occupancy vehicle (HOV) lane" means one or more lanes of a highway or an entire highway designated by traffic control devices where high-occupancy vehicles are given at all times, or at regularly scheduled times, a priority or preference over some or all other vehicles moving in the general stream of all highway traffic. This shall include shoulders that have been designated for use as HOV lanes during designated hours.

            C. Any high-occupancy vehicle (HOV) lane designated pursuant to Subsection A of this Section may be used by a motorcycle or an authorized emergency vehicle, as defined in R.S. 32:1, or by any other vehicle operated by the department or its agents when designated by the secretary of the department through the promulgation of rules and regulations, without regard to the number of riders or passengers, provided that the vehicle fulfills any applicable registration requirements of R.S. 47:820.5.9(D).

            D. The department shall have the authority to promulgate rules and regulations related to enforcement, authorized use, and penalties of the high-occupancy vehicle lanes. Notwithstanding any other law to the contrary, the rules and regulations shall be in accordance with the selected implementation method of the high-occupancy vehicle lanes.

            Acts 2019, No. 81, §1; Acts 2023, No. 321, §2, eff. June 12, 2023.