Ft. Lauderdale HOV Violations

If you’ve driven on Florida highways, you’ve certainly become familiar with so-called “HOV lanes,” or “high-occupancy vehicle lanes.” These lanes are lanes on public roadways designed for use by vehicles in which there is more than one occupant (unless otherwise authorized by federal law).

According to s. 316.0741 of the Florida State Statutes, which deals with the rules surrounding use of HOV lanes, the number of persons who must be in a vehicle to qualify for legal use of the HOV lanes and the hours during which the lane will serve as an HOV lane, assuming it is not designated as such on a full-time basis, must also be indicated on a traffic control device. Except as provided in subsection (4) of the statute, as we will outline below, a vehicle may not be driven in an HOV lane if the vehicle is occupied by fewer than the number of occupants indicated by a traffic control device. A driver who violates this section shall be cited for a moving violation, punishable by a $60 fine and other potential court and attorney fees. Discuss Ft. Lauderdale HOV violations with a skilled attorney today.

Low Emission Vehicles

As we mentioned above, subsection 4 of this statute contains a number of exceptions. Among them is one concerning inherently low-emission vehicles (ILEV), which, if so certified and labeled in accordance with federal regulations, may be driven in an HOV lane at any time, regardless of its occupancy. Further, upon the state’s receipt of written notice from the proper federal regulatory agency authorizing such use, a vehicle defined as a “hybrid” vehicle under this section (legally defined for these purposes in s. 316.0741) may be driven in an HOV lane at any time, regardless of its occupancy. The state statute stipulates that all eligible hybrid and all eligible other low-emission and energy-efficient vehicles driven in an HOV lane must comply with the minimum federal fuel economy standards set forth in 23 U.S.C. s. 166(f)(3)(B).

The state statute we’ve been dealing with, s. 316.0741, details a number of other labeling and certifying requirements for certain vehicles being allowed to travel in the HOV lane, the full breadth of which can be gleaned by reading s. 316.0741. That said, there are some practical takeaways that our Fort Lauderdale and West Palm Beach traffic ticket defense lawyers think are important for drivers to realize. If the letter of the law isn’t clear, we’d like to make it so: Florida law enforcement officers have become wise to the tricks and ploys used by drivers in Ft. Lauderdale in the HOV lane.

What Are HOV Lane Rules?

The primary purpose of HOV lanes is to encourage carpooling. These lanes are reserved for vehicles carrying a minimum number of occupants during specific hours of operation. In the Ft. Lauderdale and Broward County area, the standard requirement is two or more persons per vehicle. However, the rules are not just about how many people are in the car but about when and how you use the lane:

• Hours of operation: Unlike some states where HOV rules apply 24/7, many South Florida HOV lanes have specific peak hours. Generally, these are Monday through Friday, 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. Outside of these windows, the lanes are often open to all traffic, though you must check local signage as these times are subject to change by the Florida Department of Transportation (FDOT).
• Continuous barriers and ingress/egress: You cannot enter or exit the HOV lane whenever you choose. You must wait for designated areas marked with broken white lines. Crossing over a solid line or a painted buffer to enter the HOV lane is a separate moving violation that can lead to additional fines and points.
• The decal exception: Certain vehicles are permitted to use the HOV lane regardless of the number of occupants. This includes inherently low-emission vehicles and hybrid vehicles that have been issued a valid HOV decal from the Florida DMV. Emergency vehicles and transit buses are also exempt from occupancy requirements.

Florida’s HOV laws are strictly enforced, and the rules are often more complex than they appear at first glance. If you have been cited for an HOV violation in Ft. Lauderdale, understanding the specific legal requirements is the first step in protecting your driving record.

You should also contact an attorney who can focus on protecting your driving record and insurance premiums, along with reducing or eliminating the penalties you face for an HOV violation.

What Does Not Count as an Occupant in the HOV Lane?

The most common reason for a Ft. Lauderdale HOV violation is a misunderstanding of the term occupant. FHP officers are particularly vigilant about ghost carpooling, the practice of trying to trick sensors or visual inspections. To avoid a ticket, you must know what the law excludes from the passenger count:

• Unborn children: While a pregnancy is a significant medical reality, Florida law does not recognize a fetus as a person for the purpose of HOV lane occupancy. You must have at least two living, breathing individuals in the vehicle to qualify.
• Pets and animals: No matter how large or beloved your dog may be, animals do not count as occupants. FHP officers frequently cite drivers who believe a large pet in the passenger seat satisfies the two-person requirement.
• Mannequins and dummies: It may sound like a cliché, but drivers frequently use dressed-up mannequins or even buckled-in skeletons to mimic a passenger. Law enforcement uses high-definition cameras and thermal imaging to spot these deceptions. Not only will this result in an HOV ticket, but it can also lead to a charge of failing to obey a traffic control device, which carries points.
• Deceased persons: While rare, the transport of human remains (such as in a hearse) does not technically meet the person requirement for HOV lanes unless there is a living driver and at least one other living passenger present.
• Cargo and luggage: Large items, boxes, or sports equipment placed in a seat to create the silhouette of a person are not valid occupants.

If you are facing an HOV violation, the consequences involve more than just a fine; they include points on your license that can trigger an increase in your insurance premiums. Our Ft. Lauderdale defense team understands the nuances of traffic court and can help you contest HOV citations to keep your record clean.

Being Cited For a Violation in The HOV Lane in Ft. Lauderdale

Many Floridians think they can simply outsmart police officers by placing objects, looking like real people, in the passenger seat of the vehicle, thereby making their car a seemingly high-occupancy vehicle. Time and time again, though, police officers have pulled over drivers who have placed such ridiculous props as cardboard cutouts of celebrities in their passenger seat and have issued them a ticket for the moving violation, as described above.

Just be smart: if your vehicle doesn’t pass the occupancy test or the low-emissions/hybrid vehicle test, stay out of the HOV lane during the designated HOV times. To learn more about Ft. Lauderdale HOV violations, contact our office today.