HF 1761

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to transportation; allowing single-occupant hybrid vehicles to operate in
high-occupancy vehicle lanes and dynamic shoulder lanes; amending Minnesota
Statutes 2008, section 160.93, subdivisions 4, 5, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 160.93, subdivision 4, is amended to read:

Subd. 4.

Prohibition.

No person may operate a single-occupant vehicle in a
designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance
with new text begin this section and new text end the requirements of the commissioner. A person who violates
this subdivision is guilty of a petty misdemeanor and is subject to sections 169.89,
subdivisions 1, 2, and 4, and 169.891 and any other provision of chapter 169 applicable
to the commission of a petty misdemeanor traffic offense.

Sec. 2.

Minnesota Statutes 2008, section 160.93, subdivision 5, is amended to read:

Subd. 5.

Dynamic shoulder lanes.

(a) The commissioner may designate dynamic
shoulder lanes on freeways. The commissioner may operate dynamic shoulder lanes
as priced lanes, general purpose lanes, high-occupancy vehicle lanes, or as shoulders
as defined in section 169.011, subdivision 74. The commissioner may prescribe the
conditions under which the lanes may be used.

(b) The commissioner may not operate a dynamic shoulder lane on marked Trunk
Highway 35W from its intersection with marked Trunk Highway 94 to its intersection
with marked Trunk Highway 62 as a general purpose lane. A dynamic shoulder lane along
this portion of marked Trunk Highway 35W may only be used by:

(1) a vehicle with more than one occupant;

(2) a single-occupant vehicle if new text begin (i) new text end the fee under subdivision 1 is paid new text begin , or (ii) the
vehicle is a hybrid vehicle and the requirements under subdivision 6 have been met new text end ;

(3) a transit bus providing public transit, as defined in section 174.22, subdivision
7; and

(4) an authorized emergency vehicle, as defined in section 169.011, subdivision 3.

(c) The commissioner shall erect signs to indicate when the lanes may be used.

Sec. 3.

Minnesota Statutes 2008, section 160.93, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Hybrid vehicle exemption. new text end

new text begin (a) For purposes of this section, "hybrid
vehicle" means a passenger automobile as defined in section 168.002, subdivision 24, that
is able to be powered by (1) a liquid fuel, internal combustion engine, and (2) an electric
motor drawing current from rechargeable storage batteries, fuel cells, or other portable
sources of electrical current.
new text end

new text begin (b) Notwithstanding subdivisions 1 and 5, the commissioner shall allow an operator
of a single-occupant, hybrid vehicle to use any high-occupancy vehicle lane or dynamic
shoulder lane on the trunk highway system, regardless of occupancy requirements
established for other types of vehicles. The commissioner shall provide, upon request
and without charge, a user fee collection device as required for single-occupant vehicle
operators under subdivision 1, except that the commissioner may require a refundable
deposit that does not exceed the cost of replacement of the device.
new text end

new text begin (c) If a hybrid vehicle is equipped with a properly functioning user fee collection
device as required for single-occupant vehicle operators under subdivision 1, a
single-occupant hybrid vehicle operator may use (1) a high-occupancy vehicle lane, and
(2) a dynamic shoulder lane, when the commissioner makes the lane available for travel
by motor vehicles.
new text end

new text begin (d) This subdivision applies (1) unless otherwise prohibited by federal law or
regulation, and (2) subject to the approval of the Federal Highway Administration.
new text end