SLS 19RS-314 REENGROSSED
2019 Regular Session
SENATE BILL NO. 84
BY SENATORS ERDEY, APPEL, CARTER, CLAITOR, COLOMB, GATTI, HEWITT,
JOHNS, RISER, GARY SMITH AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION/DEV DEPT. Authorizes designation of a high occupancy vehicle
(HOV) lane on state highways. (8/1/19)
1 AN ACT
2 To enact R.S. 48:345, relative to traffic control and regulation; to authorize the designation
3 of a high occupancy vehicle (HOV) lane on highways in the state highway system;
4 to provide a definition of a "high occupancy vehicle (HOV) lane"; to provide with
5 respect to penalties for violation of unauthorized use of an HOV lane; and to provide
6 for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 48:345 is hereby enacted to read as follows:
9 ยง345. Designation of a high occupancy vehicle (HOV) lane on highways in the
10 state highway system; penalty
11 A. The secretary or his designee may designate high occupancy vehicle
12 (HOV) lanes on any highway in the state highway system where adequate
13 shoulders exist and may restrict the use thereof to vehicular traffic classified as
14 a "high occupancy vehicle (HOV)" to the extent he thinks it expedient that, in
15 his judgment, is appropriate to provide travel time savings and to increase the
16 total number of people moved through a highway corridor with high levels of
17 travel demand and traffic congestion. Nothing in this Section authorizes the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 84
SLS 19RS-314 REENGROSSED
1 secretary or his designee to designate an existing roadway or travel lane as a
2 high occupancy vehicle (HOV) lane.
3 B. For the purpose of this Section, the following words and phrases shall
4 have the meaning respectively ascribed to them:
5 (1) "High occupancy vehicle" means a passenger car, pickup truck, van,
6 recreational vehicle, or a bus or other motorized passenger vehicle used for
7 transporting persons such as a carpool or a vanpool vehicle used for ridesharing
8 purposes and occupied by a driver and one or more passengers. A truck,
9 tandem truck, tractor, truck-tractor, combination of vehicles, or commercial
10 motor vehicle carrying or transporting freight, merchandise, or other property
11 shall not be a high occupancy vehicle.
12 (2) "High occupancy vehicle (HOV) lane" means one or more lanes of a
13 highway or an entire highway designated by traffic control devices where high
14 occupancy vehicles are given at all times, or at regularly scheduled times, a
15 priority or preference over some or all other vehicles moving in the general
16 stream of all highway traffic.
17 C. Any high occupancy vehicle (HOV) lane designated pursuant to
18 Subsection A of this Section may be used by a motorcycle, as defined in R.S.
19 32:1, without regard to the number of riders or passengers.
20 D. The department shall promulgate rules and regulations related to
21 enforcement and penalties of the high occupancy vehicle lanes. Notwithstanding
22 any other law to the contrary, the rules and regulations shall be in accordance
23 with the selected implementation method of the high occupancy vehicle lanes.
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
SB 84 Reengrossed 2019 Regular Session Erdey
Proposed law authorizes the secretary of DOTD or his designee to designate a high
occupancy vehicle (HOV) lane 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 he thinks it expedient that, in his judgment, is
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 84
SLS 19RS-314 REENGROSSED
appropriate to provide travel time savings and to increase the total number of people moved
through a highway corridor with high levels of travel demand and traffic congestion.
Proposed law specifies that the secretary or his designee is not authorized to designate an
existing roadway or travel lane as a high occupancy vehicle (HOV) lane.
Proposed law defines a "high occupancy vehicle" to mean a passenger car, pickup truck, van,
recreational vehicle, or a bus or other motorized passenger vehicle used for transporting
persons such as a carpool or a vanpool vehicle used for ridesharing purposes and occupied
by a driver and one or more passengers and to exclude a truck, tandem truck, tractor, truck-
tractor, combination of vehicles, or commercial motor vehicle carrying or transporting
freight, merchandise, or other property from its meaning; and defines a "high occupancy
vehicle (HOV) lane" to mean one or more lanes of a highway or an entire highway where
designated by traffic control devices 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.
Proposed law provides that HOV lanes may be used by a motorcycle regardless of the
number of riders or passengers.
Proposed law requires DOTD to promulgate rules and regulations related to enforcement and
penalties of the HOV lanes. Proposed law provides further that notwithstanding any other
law to the contrary, the rules and regulations shall be in accordance with the selected
implementation method of HOV lanes.
Effective August 1, 2019.
(Adds R.S. 48:345)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Changes authority to designate HOV lanes from the assistant secretary of the
office of operations or the chief engineer to the secretary of DOTD or his
designee.
2. Adds to definition of "high occupancy vehicle (HOV) lane" that HOV lanes
are designated by traffic control devices.
3. Requires DOTD to promulgate rules and regulations related to enforcement
and penalties of HOV lanes and that notwithstanding any other law to the
contrary, the rules and regulations shall be in accordance with the selected
implementation method of HOV lanes.
Senate Floor Amendments to engrossed bill
1. Adds the provision that "adequate shoulders must exist" for a lane to be
designated as a high occupancy vehicle (HOV) lane.
2. Specifies that nothing in proposed law authorizes the secretary or his
designee to designate an existing roadway or travel lane as a HOV lane.
3. Adds a provision that allows motorcycles, regardless of the number of riders
or passengers, to use HOV lanes.
4. Makes technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.