Page:United States Statutes at Large Volume 119.djvu/1210

 119 STAT. 1192

PUBLIC LAW 109–59—AUG. 10, 2005

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: ‘‘165. Puerto Rico highway program.’’. 23 USC 101 note.

(c) DEFINITION OF STATE.—For the purposes of apportioning funds under sections 104, 105, 130, 144, and 206 of title 23, United States Code, and section 1404, relating to the safe routes to school program, the term ‘‘State’’ means any of the 50 States and the District of Columbia. SEC. 1121. HOV FACILITIES.

(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United States Code (as amended by section 1120 of this Act), is amended by adding at the end the following:

Applicability.

Guidelines. Procedures.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

‘‘§ 166. HOV facilities ‘‘(a) IN GENERAL.— ‘‘(1) AUTHORITY OF STATE AGENCIES.—A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ‘‘(2) OCCUPANCY REQUIREMENT.—Except as otherwise provided by this section, no fewer than two occupants per vehicle may be required for use of a HOV facility. ‘‘(b) EXCEPTIONS.— ‘‘(1) IN GENERAL.—Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility. ‘‘(2) MOTORCYCLES AND BICYCLES.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ‘‘(B) SAFETY EXCEPTION.— ‘‘(i) IN GENERAL.—A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. ‘‘(ii) ACCEPTANCE OF CERTIFICATION.—The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ‘‘(3) PUBLIC TRANSPORTATION VEHICLES.—The State agency may allow public transportation vehicles to use the HOV facility if the agency— ‘‘(A) establishes requirements for clearly identifying the vehicles; and ‘‘(B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles. ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.—The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency—

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