HOV Congressional Approval is a Reality!

[IsrAmeriPrius]

Edited due to offensive language being deleted.

[Godiva]

message edited for content.

[IsrAmeriPrius]

Edited due to offensive language being deleted.

[Godiva]

Perhaps we can get back to discussing the legal implications of the HOV decals as it pertains to the Federal Highway bill and California's pending legislation and whether my comparison to the eminent domain laws applies or not.

[IsrAmeriPrius]

Peace.

[Godiva]

Aha! And here it is:

"The federal hybrid provision applies nationwide and requires the U.S.
Environmental Protection Agency to define what an energy-efficient, low-emissions hybrid vehicle is within 180 days.

The definition would force California to change its law only if the federal mileage requirements are higher than the state's. Officials don't believe the carpool lanes will be opened to hybrids until after the EPA completes its work."

(What are the chances the EPA is going to have restrictions higher than those in the California law?)

"Pavley and other lawmakers are awaiting an interpretation from the EPA to make sure they can require that hybrids using high occupancy vehicle lanes meet "partial zero emissions" standards."

(If states can have a stricter eminent domain law, why not a stricter access to HOV lane law?)

Solo in a Hybrid? Merge left.

[michalopoulosgk]

What about the HOV lanes in states other than California?

[Godiva]

It's up to the individual states.

The law doesn't say states have to allow access. Just that they can if they want *if* it meets the Federal guidelines, which is what the EPA has 180 days to set up.

Can the state's guidelines be stricter than the Federal? I say yes. They are for other laws, why not this one?

I highly doubt the Federal guidelines would be less than what California has mandated. California requires both 45 mpg minimum and PZEV.

That means the GM Silverado is out. Also the Lexus, HiHy and Ford I think. Which leads me to believe the Federal minimums will be lower than the California ones. How low is anyone's guess.

BTW the article says California has 40% of the national HOV lanes and about 20,000 hybrids.

[IsrAmeriPrius]

(If states can have a stricter eminent domain law, why not a stricter access to HOV lane law?)

They can.

The California standard will do unless the Federal government mandates a higher fuel economy threshold than current California law provides. In other words, If the federal standard will be 40 MPG, California's 45 MPG requirement will stand; however if the EPA decides to set the cutoff at 50 MPG, California will have to amend its minimum MPG mandate for single occupant hybrid automobiles access to HOV lanes.

Virginia has an HOV exemption for hybrids that isn't really allowed under the current federal law. The feds agreed to look the other way since the exemption expires on July 1, 2006, and since it appeared that Congress might actually allow the exemption anyway. Now that it has (with the passage of the transportation bill on Friday), it still remains to be seen whether the Virginia General Assembly will renew the exemption.

A state task force has strongly recommended that the exemption NOT be renewed, since the HOV lanes are operating over their intended capacity. For more information, see http://www.virginiadot.org/comtravel/hov-default.asp and scroll down just a bit to "HOV News."