Sec 28-737. High occupancy vehicle lanes; civil penalty; definition

A. Except as provided in sections 28-2416 and 28-2416.01 and subsections B, C and D of this section, a person shall not drive a vehicle carrying fewer than two persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two or more persons, including the driver.

B. During the performance of a tow truck operator's duties, a tow truck operator may drive a tow truck in a high occupancy vehicle lane, regardless of occupancy level, without penalty.

C. A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

D. A person may drive a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

E. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.

F. Notwithstanding section 28-1554, one hundred dollars of each civil penalty collected pursuant to subsection E of this section shall be deposited in the state general fund.

G. For the purposes of this section, "public transportation vehicle" means any vehicle that provides a public entity's public transportation service and either:

1. Is owned or operated by the public entity.

2. Is operated under a contract with the public entity.