I own a smart car and was wondering what the rule is when it comes to using a HOV lane. Technically, it is half the length of a standard car, so I was wondering when the minimum number of passengers is 2, if this would mean one for me.
Also, I believe having to have 2 passengers is unfair, because it means that I have to have a 100% occupancy rate when someone with a mini-van barely has 40%, while my car pollutes much less and use much less space on the highway.
Finally, when such limit is 3...it is impossible for me to use such HOV lane, even if I would have a passenger, with a 100% occupancy rate.
An HOV vehicle is defined by the law as:
"high occupancy vehicle" means
(a) a bus, or
(b) a vehicle under 5 500 Kg GVW that is carrying at least the minimum number of persons specified by the applicable traffic control device;
It doesn't say anything about the number of passengers it is designed to carry, what size it is, or how much pollution it may or may not create. The aim is to move the most people with the fewest vehicles to reduce highway congestion. To some extent, this also reduces pollution.
I suspect that eventually we will all be using low pollution vehicles and then would we all by trying to use the HOV lane if this were allowed?
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