Authorizes the department of transportation to issue permits to businesses that have 5 or more commercial vehicles, allowing them to use high occupancy vehicle lanes during peak traffic hours. Imposes fee. Deposits fee into Highway Special Fund. (HB1882 HD1)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to authorize the department of transportation to issue permits allowing commercial motor vehicles to use high occupancy vehicle lanes during peak traffic hours.

SECTION 2. Section 291C-222, Hawaii Revised Statutes, is amended to read as follows:

"§291C-222 Designation of high occupancy vehicle lane. (a) The director of transportation by rules adopted in accordance with chapter 91, and the counties by ordinance, may designate high occupancy vehicle lanes as to roadways under their respective jurisdictions.

(b) Signs and other official traffic-control devices that designate high occupancy vehicle lanes shall be placed and maintained to advise drivers of the high occupancy vehicle requirement and the hours of usage. When the high occupancy vehicle lane also serves as a contra-flow lane, the hours of usage as a high occupancy vehicle lane shall be the time when the lane is coned for use as a high occupancy vehicle lane.

(c) No motor vehicle shall be operated upon these lanes except in conformance with the instructions on the signs and other official traffic-control devices.

(d) A motorcycle may use any high occupancy vehicle lane, regardless of the number of occupants.

(e) Any vehicle authorized by rules adopted in accordance with chapter 91 may use any high occupancy vehicle lane, regardless of the number of occupants, when the use is determined to enhance public safety and improves traffic conditions.

(f) A business owner who has a current general excise tax license, as provided in section 237-9, may apply for an annual permit from the director of transportation to use any high occupancy vehicle lane during the hours designated, regardless of the number of vehicle occupants. The business shall have five or more commercial motor vehicles to apply for a permit. Every application under this subsection shall be accompanied by payment of a fee of $      that shall be deposited to the credit of the state highway fund established pursuant to section 248-8. The director of transportation shall adopt rules under chapter 91 to carry out the purposes of this subsection. For the purposes of this section:

"Business" shall have the same meaning as in section 289-1.

"Commercial motor vehicle" shall have the same meaning as in section 286-2."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.