2012 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 166 - HOV facilities
Publication Title | United States Code, 2012 Edition, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 166 - HOV facilities |
Contains | section 166 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-59, title I, §1121(a), Aug. 10, 2005, 119 Stat. 1192; amended Pub. L. 110-244, title I, §101(p), June 6, 2008, 122 Stat. 1576; Pub. L. 112-141, div. A, title I, §1514, July 6, 2012, 126 Stat. 572. |
Statutes at Large References | 119 Stat. 1192 122 Stat. 1576 126 Stat. 572 |
Public Law References | Public Law 109-59, Public Law 110-244, Public Law 112-141 |
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(a)
(1)
(2)
(b)
(1)
(2)
(A)
(B)
(i)
(ii)
(3)
(A) establishes requirements for clearly identifying the vehicles; and
(B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles.
(4)
(A) establishes a program that addresses how motorists can enroll and participate in the toll program;
(B) develops, manages, and maintains a system that will automatically collect the toll; and
(C) establishes policies and procedures to—
(i) manage the demand to use the facility by varying the toll amount that is charged; and
(ii) enforce violations of use of the facility.
(5)
(A)
(B)
(i) establishes a program that addresses the selection of vehicles under this paragraph; and
(ii) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles.
(C)
(c)
(1)
(2) HOV
(3)
(d) HOV
(1)
(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts.
(B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section.
(C) Limiting or discontinuing the use of the facility by the vehicles whenever the operation of the facility is degraded.
(D)
(i) increasing the occupancy requirement for HOV lanes;
(ii) varying the toll charged to vehicles allowed under subsection (b) to reduce demand;
(iii) discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or
(iv) increasing the available capacity of the HOV facility.
(E)
(2)
(A)
(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and
(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour.
(B)
(C)
(e)
(1) issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of the vehicles; and
(2) establish guidelines and procedures for making the vehicle comparisons and performance calculations described in subsection (f)(3)(B), in accordance with section 32908(b) of title 49.
(f)
(1)
(A) methanol, denatured ethanol, or other alcohols;
(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from biological materials;
(H) electricity (including electricity from solar energy); or
(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations).
(2) HOV
(3)
(A) has been certified by the Administrator as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and
(B)(i) is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved not less than a 50-percent increase in city fuel economy or not less than a 25-percent increase in combined city-highway fuel economy (or such greater percentage of city or city-highway fuel economy as may be determined by a State under subsection (d)(2)(C)) relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from onboard hybrid sources); or
(ii) is an alternative fuel vehicle.
(4)
(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and
(B)(i) is owned or operated by a public entity;
(ii) is operated under a contract with a public entity; or
(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public.
(5)
(A)
(B)
(Added Pub. L. 109–59, title I, §1121(a), Aug. 10, 2005, 119 Stat. 1192; amended Pub. L. 110–244, title I, §101(p), June 6, 2008, 122 Stat. 1576; Pub. L. 112–141, div. A, title I, §1514, July 6, 2012, 126 Stat. 572.)
References in TextThe date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments2012—Subsec. (b)(5)(A), (B). Pub. L. 112–141, §1514(1)(A), (B), substituted “2017” for “2009”.
Subsec. (b)(5)(C). Pub. L. 112–141, §1514(1)(C), substituted “this paragraph” for “subparagraph (B)” and inserted “or equal to” after “less than”.
Subsec. (c)(3). Pub. L. 112–141, §1514(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under paragraphs (4) and (5) of subsection (b), the State, in the use of toll revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety.”
Subsec. (d)(1). Pub. L. 112–141, §1514(3)(A), in introductory provisions, substituted “shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify” for “in a fiscal year shall certify” and struck out “in the fiscal year” before the colon.
Subsec. (d)(1)(A). Pub. L. 112–141, §1514(3)(B), inserted “and submitting to the Secretary annual reports of those impacts” before period at end.
Subsec. (d)(1)(C). Pub. L. 112–141, §1514(3)(C), substituted “whenever the operation of the facility is degraded” for “if the presence of the vehicles has degraded the operation of the facility”.
Subsec. (d)(1)(D), (E). Pub. L. 112–141, §1514(3)(D), added subpars. (D) and (E).
2008—Subsec. (b)(5)(C). Pub. L. 110–244 substituted “paragraph (4)” for “paragraph (3)”.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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