§ 31-5-238 — Designated high occupancy vehicle lanes; exceptions; penalty

(a) The director or a local authority may designate any
part of a roadway or specific lane of a roadway under the
director's or local authority's jurisdiction as a high occupancy
vehicle lane, except the director or a local authority may not
designate the only available lane of travel in a given direction
as a high occupancy vehicle lane. At no time shall a high
occupancy lane be designated as a toll road.
(b) A vehicle operating in a high occupancy vehicle lane
shall be a high occupancy vehicle except:
(i) Motorcycles and public transportation vehicles
may operate in a high occupancy vehicle lane regardless of the
number of occupants, subject to the other requirements under
this act;
(ii) Any vehicle making a turn from a high occupancy
vehicle lane, subject to the other requirements under this act.
(c) The department shall implement rules to provide for
the design, operation, maintenance and required signage for high
occupancy vehicle lanes.
(d) Any person who operates a vehicle in a high occupancy
vehicle lane that is not a high occupancy vehicle or that is not
a vehicle authorized under subsection (b) of this section is
guilty of a misdemeanor punishable by:
(i) For a first conviction, a fine of not more than
fifty dollars ($50.00);
(ii) For a second conviction of the same offense
within one (1) year thereafter, a fine of not more than one
hundred dollars ($100.00);
(iii) For a third or subsequent conviction of the
same offense within one (1) year after the first conviction, a
fine of not more than one hundred fifty dollars ($150.00).