Can Bikes Use HOV/Carpool Lanes?

If my bike can only hold one person, isn't that considered "high occupancy"?

I recently decided to be bold and take my Softail to work. I live in Concord, NH and commute daily to downtown Boston, MA which whether you are on a bus, in a car, or on your bike, is a long trip. As many of the hundreds of thousands of individuals who commute this route each day know, that High Occupancy Vehicle (HOV) lane on the left is awefully tempting when you have been sitting alone in your car or on your bike as cars zip by.

Coming up on the 2 hour mark as I travel the last 9 miles of a 70 mile commute, I decided to investigate the use of the HOV lane by motorcycles once I got into the office and had a moment.

Come to find out, motorcycles are, by federal law, allowed to use the HOV lanes! According to the Intermodal Surface Transportation Efficiency Act of 1991, motorcycles are exempted from the requirements of occupancy. This act in conjunction with the Surface Transportation Assistance Act of 1982 emancipated us bikers in the HOV lanes. These two Acts modified our U.S. Code (i.e., the laws of your country). HOV passenger requirements as stated in Chapter 1 - Federal Aid Highways of Title 23 - Highways states:

"(a) HOV Passenger Requirements.-A State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles."

Here's the clincher though! Federal tells the states, "hey! don't mess with motorcycles!" in the following text:

(b) Access of Motorcycles.--No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.

So, if you get pulled over zipping through the HOV/Carpool lane, just pull out your 700lb. copy of the U.S. code, flip to Title 23, Chapter 1, Sub-chapter I, Section 102 and show the officer the text of items (a) and (b) and you're good to go!

So why didn't I take the HOV lane on my commute?

Because the signs didn't say motorcycles where allowed. It's not clear why they aren't marked, because in the spirit of the laws passed to allow motorcycles to travel free and clear, more motorcycles in the HOV lane translates to fewer polluting cars on the road. If you feel motivated, contact your state DOT and tell them you didn't know you could use the HOV lane and that it would be great if they marked the lanes accordingly. Many HOV lanes have digital signage that changes based on traffic flows. These can be quickly updated to say, "2+ PERSON VEHICLES AND MOTORCYCLES ONLY".

Or if you're feeling really bold and have a can of spray paint or a really fat Sharpie, label them yourself. Others don't seem to have a problem labeling signs with their cryptic, swirly signatures, so why not make your mark on the world and help the environment in the process?

(Note: Do Be(tm) does not advocate defacing public property in any way shape or form. Do so at your own peril!)


Safe riding!


References:

1. Boston Globe-STARTS & STOPS / SOUTH, "Solo on motorcycle? HOV is OK" By L. Kim Tan | August 18, 2005

2. [CITE: 23USC102]From the U.S. Code Online via GPO Access[wais.access.gpo.gov][Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between  January 2, 2001 and January 28, 2002]