2019 Regular Session ENROLLED SENATE BILL NO. 84 BY SENATORS ERDEY, APPEL, CARTER, CLAITOR, COLOMB, GATTI, HEWITT, JOHNS, RISER, GARY SMITH AND THOMPSON AND REPRESENTATIVES ADAMS, TERRY BROWN, CARPENTER, STEVE CARTER, LARVADAIN, MARCELLE, PIERRE, POPE AND WHITE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 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 18 secretary or his designee to designate an existing roadway or travel lane as a 19 high-occupancy vehicle (HOV) lane. 20 B. For the purpose of this Section, the following words and phrases shall 21 have the meaning respectively ascribed to them: ACT No. 81 Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 84 ENROLLED 1 (1) "High-occupancy vehicle" means a passenger car, pickup truck, van, 2 recreational vehicle, or a bus or other motorized passenger vehicle used for 3 transporting persons such as a carpool or a vanpool vehicle used for ridesharing 4 purposes and occupied by a driver and one or more passengers. A truck, 5 tandem truck, tractor, truck-tractor, combination of vehicles, or commercial 6 motor vehicle carrying or transporting freight, merchandise, or other property 7 shall not be a high-occupancy vehicle. 8 (2) "High-occupancy vehicle (HOV) lane" means one or more lanes of 9 a highway or an entire highway designated by traffic control devices where 10 high-occupancy vehicles are given at all times, or at regularly scheduled times, 11 a priority or preference over some or all other vehicles moving in the general 12 stream of all highway traffic. 13 C. Any high-occupancy vehicle (HOV) lane designated pursuant to 14 Subsection A of this Section may be used by a motorcycle, as defined in R.S. 15 32:1, without regard to the number of riders or passengers. 16 D. The department shall promulgate rules and regulations related to 17 enforcement and penalties of the high-occupancy vehicle lanes. Notwithstanding 18 any other law to the contrary, the rules and regulations shall be in accordance 19 with the selected implementation method of the high-occupancy vehicle lanes. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.