{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-501.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-501.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-501.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-501.html"}],"law_id":80087,"edition_id":1,"section_id":80087,"structure_id":13753,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","history":"1973, c. 197, \u00a7 33.1-46.2; 1983, c. 339; 1988, c. 637; 1989, cc. 573, 744; 1993, cc. 82, 587; 1994, cc. 212, 426, 439; 1995, c. 55; 1996, cc. 34, 187, 191, 695, 921, 1037; 1997, c. 504; 1998, c. 321; 1999, cc. 914, 960; 2000, c. 322; 2002, cc. 89, 757; 2003, c. 324; 2004, c. 704; 2006, cc. 600, 873, 908; 2007, c. 317; 2008, c. 511; 2009, c. 676; 2010, cc. 111, 133, 390, 485; 2011, cc. 735, 881, 889; 2012, cc. 681, 743; 2014, c. 805; 2015, cc. 256, 502, 503; 2016, cc. 699, 715; 2019, c. 749.","full_text":"A\n\nIn order to facilitate the rapid and orderly movement of traffic to and from urban areas during peak traffic periods, the Board may designate one or more lanes of any highway in the Interstate System, primary state highway system, or secondary state highway system as HOV lanes. When lanes have been so designated and have been appropriately marked with signs or other markers as the Board may prescribe, they shall be reserved during periods designated by the Board for the exclusive use of buses and high-occupancy vehicles. Any local governing body may also, with respect to highways under its exclusive jurisdiction, designate HOV lanes and impose and enforce restrictions on the use of such lanes. Any highway for which the locality receives highway maintenance funds pursuant to \u00a7 33.2-319 shall be deemed to be within the exclusive jurisdiction of the local governing body for the purposes of this section. HOV lanes shall be reserved for high-occupancy vehicles of a specified number of occupants as determined by the Board or, for HOV lanes designated by a local governing body, by that local governing body. However, no designation of any lane or lanes of any highway as HOV lanes shall apply to the use of any such lanes by:1\n\nEmergency vehicles such as firefighting vehicles and emergency medical services vehicles;2\n\nLaw-enforcement vehicles;3\n\nMotorcycles;4\n\na. Transit and commuter buses designed to transport 16 or more passengers, including the driver;\n\t\t\t\tb. Any vehicle operating under a certificate issued under § 46.2-2075, 46.2-2080, 46.2-2096, 46.2-2099.4, or 46.2-2099.44;5\n\nVehicles of public utility companies operating in response to an emergency call;6\n\nVehicles bearing clean special fuel vehicle license plates issued pursuant to § 46.2-749.3, provided such use is in compliance with federal law;7\n\nTaxicabs having two or more occupants, including the driver; or8\n\n(Contingent effective date) Any active duty military member in uniform who is utilizing Interstate 264 and Interstate 64 for the purposes of traveling to or from a military facility in the Hampton Roads Planning District.\n\t\t\t\tIn the Hampton Roads Planning District, HOV restrictions may be temporarily lifted and HOV lanes opened to use by all vehicles when restricting use of HOV lanes becomes impossible or undesirable and the temporary lifting of HOV limitations is indicated by signs along or above the affected portion of highway.\n\t\t\t\tThe Commissioner of Highways shall implement a program of the HOV facilities in the Hampton Roads Planning District beginning not later than May 1, 2000. This program shall include the temporary lifting of HOV restrictions and the opening of HOV lanes to all traffic when an incident resulting from nonrecurring causes within the general lanes occurs such that a lane of traffic is blocked or is expected to be blocked for 10 minutes or longer. The HOV restrictions for the facility shall be reinstated when the general lane is no longer blocked and is available for use.\n\t\t\t\tThe Commissioner of Highways shall maintain necessary records to evaluate the effects of such openings on the operation of the general lanes and the HOV lanes. This program will terminate if the Federal Highway Administration requires repayment of any federal highway construction funds because of the program’s impact on the HOV facilities in Hampton Roads.B\n\nIn designating any lane or lanes of any highway as HOV lanes, the Board or local governing body shall specify the hour or hours of each day of the week during which the lanes shall be so reserved, and the hour or hours shall be plainly posted at whatever intervals along the lanes the Board or local governing body deems appropriate. Any person driving a motor vehicle in a designated HOV lane in violation of this section is guilty of a traffic infraction, which shall not be a moving violation, and on conviction shall be fined $100. However, violations committed within the boundaries of Planning District 8 shall be punishable as follows:1\n\nFor a first offense, by a fine of $125;2\n\nFor a second offense within a period of five years from a first offense, by a fine of $250;3\n\nFor a third offense within a period of five years from a first offense, by a fine of $500; and4\n\nFor a fourth or subsequent offense within a period of five years from a first offense, by a fine of $1,000.\n\t\t\t\tUpon a conviction under this section, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with § 46.2-383 an abstract of the record of such conviction, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492, no driver demerit points shall be assessed for any violation of this section, except that persons convicted of second, third, fourth, or subsequent violations within five years of a first offense committed in Planning District 8 shall be assessed three demerit points for each such violation.C\n\nIn the prosecution of an offense, committed in the presence of a law-enforcement officer, of failure to obey a road sign restricting a highway, or portion thereof, to the use of high-occupancy vehicles, proof that the vehicle described in the HOV violation summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation. A summons for a violation of this section may be executed in accordance with § 19.2-76.2. Such rebuttable presumption shall not arise when the registered owner of the vehicle is a rental or leasing company.D\n\nNotwithstanding the provisions of § 19.2-76, whenever a summons for a violation of this section is served in any locality, it may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.\n\t\t\tNo proceedings for contempt or arrest of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons.E\n\nNotwithstanding § 33.2-613, high-occupancy vehicles having three or more occupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. Brault Expressway (Dulles Toll Road) without paying a toll.F\n\nNotwithstanding the contrary provisions of this section, the following conditions shall be met before the HOV-2 designation of Interstate 66 can be changed to HOV-3 or any more restrictive designation:1\n\nThe Department of Transportation shall publish a notice of its intent to change the existing designation and also immediately provide similar notice of its intent to all members of the General Assembly representing districts that touch or are directly impacted by traffic on Interstate 66.2\n\nThe Department of Transportation shall hold public hearings in the corridor to receive comments from the public.3\n\nThe Department of Transportation shall make a finding of the need for a change in such designation, based on public hearings and its internal data, and present this finding to the Board for approval.4\n\nThe Board shall make written findings and a decision based upon the following criteria:\n\t\t\t\ta. Is changing the HOV-2 designation to HOV-3 in the public interest?\n\t\t\t\tb. Is there quantitative and qualitative evidence that supports the argument that HOV-3 will facilitate the flow of traffic on Interstate 66?\n\t\t\t\tc. Is changing the HOV-2 designation beneficial to comply with the federal Clean Air Act Amendments of 1990?\n\t\t\t\td. Has the change in designation been screened and evaluated by the Northern Virginia Transportation Authority according to the process established pursuant to subdivision 2 of § 33.2-2500?","order_by":null,"text":{"0":{"id":286775,"text":"In order to facilitate the rapid and orderly movement of traffic to and from urban areas during peak traffic periods, the Board may designate one or more lanes of any highway in the Interstate System, primary state highway system, or secondary state highway system as HOV lanes. When lanes have been so designated and have been appropriately marked with signs or other markers as the Board may prescribe, they shall be reserved during periods designated by the Board for the exclusive use of buses and high-occupancy vehicles. Any local governing body may also, with respect to highways under its exclusive jurisdiction, designate HOV lanes and impose and enforce restrictions on the use of such lanes. Any highway for which the locality receives highway maintenance funds pursuant to \u00a7 33.2-319 shall be deemed to be within the exclusive jurisdiction of the local governing body for the purposes of this section. HOV lanes shall be reserved for high-occupancy vehicles of a specified number of occupants as determined by the Board or, for HOV lanes designated by a local governing body, by that local governing body. However, no designation of any lane or lanes of any highway as HOV lanes shall apply to the use of any such lanes by:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":286776,"text":"Emergency vehicles such as firefighting vehicles and emergency medical services vehicles;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":286777,"text":"Law-enforcement vehicles;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":286778,"text":"Motorcycles;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":286779,"text":"a. Transit and commuter buses designed to transport 16 or more passengers, including the driver;\n\t\t\t\tb. Any vehicle operating under a certificate issued under § 46.2-2075, 46.2-2080, 46.2-2096, 46.2-2099.4, or 46.2-2099.44;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":286780,"text":"Vehicles of public utility companies operating in response to an emergency call;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":286781,"text":"Vehicles bearing clean special fuel vehicle license plates issued pursuant to § 46.2-749.3, provided such use is in compliance with federal law;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":286782,"text":"Taxicabs having two or more occupants, including the driver; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":286783,"text":"(Contingent effective date) Any active duty military member in uniform who is utilizing Interstate 264 and Interstate 64 for the purposes of traveling to or from a military facility in the Hampton Roads Planning District.\n\t\t\t\tIn the Hampton Roads Planning District, HOV restrictions may be temporarily lifted and HOV lanes opened to use by all vehicles when restricting use of HOV lanes becomes impossible or undesirable and the temporary lifting of HOV limitations is indicated by signs along or above the affected portion of highway.\n\t\t\t\tThe Commissioner of Highways shall implement a program of the HOV facilities in the Hampton Roads Planning District beginning not later than May 1, 2000. This program shall include the temporary lifting of HOV restrictions and the opening of HOV lanes to all traffic when an incident resulting from nonrecurring causes within the general lanes occurs such that a lane of traffic is blocked or is expected to be blocked for 10 minutes or longer. The HOV restrictions for the facility shall be reinstated when the general lane is no longer blocked and is available for use.\n\t\t\t\tThe Commissioner of Highways shall maintain necessary records to evaluate the effects of such openings on the operation of the general lanes and the HOV lanes. This program will terminate if the Federal Highway Administration requires repayment of any federal highway construction funds because of the program’s impact on the HOV facilities in Hampton Roads.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":286784,"text":"In designating any lane or lanes of any highway as HOV lanes, the Board or local governing body shall specify the hour or hours of each day of the week during which the lanes shall be so reserved, and the hour or hours shall be plainly posted at whatever intervals along the lanes the Board or local governing body deems appropriate. Any person driving a motor vehicle in a designated HOV lane in violation of this section is guilty of a traffic infraction, which shall not be a moving violation, and on conviction shall be fined $100. However, violations committed within the boundaries of Planning District 8 shall be punishable as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"B1"},"10":{"id":286785,"text":"For a first offense, by a fine of $125;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":286786,"text":"For a second offense within a period of five years from a first offense, by a fine of $250;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"12":{"id":286787,"text":"For a third offense within a period of five years from a first offense, by a fine of $500; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"13":{"id":286788,"text":"For a fourth or subsequent offense within a period of five years from a first offense, by a fine of $1,000.\n\t\t\t\tUpon a conviction under this section, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with § 46.2-383 an abstract of the record of such conviction, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492, no driver demerit points shall be assessed for any violation of this section, except that persons convicted of second, third, fourth, or subsequent violations within five years of a first offense committed in Planning District 8 shall be assessed three demerit points for each such violation.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"14":{"id":286789,"text":"In the prosecution of an offense, committed in the presence of a law-enforcement officer, of failure to obey a road sign restricting a highway, or portion thereof, to the use of high-occupancy vehicles, proof that the vehicle described in the HOV violation summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation. A summons for a violation of this section may be executed in accordance with § 19.2-76.2. Such rebuttable presumption shall not arise when the registered owner of the vehicle is a rental or leasing company.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"15":{"id":286790,"text":"Notwithstanding the provisions of § 19.2-76, whenever a summons for a violation of this section is served in any locality, it may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.\n\t\t\tNo proceedings for contempt or arrest of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":286791,"text":"Notwithstanding § 33.2-613, high-occupancy vehicles having three or more occupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. Brault Expressway (Dulles Toll Road) without paying a toll.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"17":{"id":286792,"text":"Notwithstanding the contrary provisions of this section, the following conditions shall be met before the HOV-2 designation of Interstate 66 can be changed to HOV-3 or any more restrictive designation:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"18":{"id":286793,"text":"The Department of Transportation shall publish a notice of its intent to change the existing designation and also immediately provide similar notice of its intent to all members of the General Assembly representing districts that touch or are directly impacted by traffic on Interstate 66.","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"19":{"id":286794,"text":"The Department of Transportation shall hold public hearings in the corridor to receive comments from the public.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"20":{"id":286795,"text":"The Department of Transportation shall make a finding of the need for a change in such designation, based on public hearings and its internal data, and present this finding to the Board for approval.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"21":{"id":286796,"text":"The Board shall make written findings and a decision based upon the following criteria:\n\t\t\t\ta. Is changing the HOV-2 designation to HOV-3 in the public interest?\n\t\t\t\tb. Is there quantitative and qualitative evidence that supports the argument that HOV-3 will facilitate the flow of traffic on Interstate 66?\n\t\t\t\tc. Is changing the HOV-2 designation beneficial to comply with the federal Clean Air Act Amendments of 1990?\n\t\t\t\td. Has the change in designation been screened and evaluated by the Northern Virginia Transportation Authority according to the process established pursuant to subdivision 2 of § 33.2-2500?","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3"}},"ancestry":[{"id":13753,"edition_id":1,"name":"High-Occupancy Vehicle Lanes and High-Occupancy Toll Lanes","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:45:47","date_modified":"2026-06-26 03:45:47","permalink":{"id":206111,"object_type":"structure","relational_id":13753,"identifier":"5","token":"33.2\/II\/5","url":"\/33.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83043,"structure_id":13753,"section_number":"33.2-500","catch_line":"Definitions","url":"\/33.2-500\/","token":"33.2\/II\/5\/33.2-500","metadata":false},{"id":80087,"structure_id":13753,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","url":"\/33.2-501\/","token":"33.2\/II\/5\/33.2-501","metadata":false},{"id":73601,"structure_id":13753,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","url":"\/33.2-502\/","token":"33.2\/II\/5\/33.2-502","metadata":false},{"id":54759,"structure_id":13753,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","url":"\/33.2-503\/","token":"33.2\/II\/5\/33.2-503","metadata":false},{"id":64332,"structure_id":13753,"section_number":"33.2-504","catch_line":"Release of personal information to or by HOT lanes operators; penalty","url":"\/33.2-504\/","token":"33.2\/II\/5\/33.2-504","metadata":false},{"id":82578,"structure_id":13753,"section_number":"33.2-505","catch_line":"Exclusion of HOT lanes from certain other laws","url":"\/33.2-505\/","token":"33.2\/II\/5\/33.2-505","metadata":false}],"previous_section":{"id":83043,"structure_id":13753,"section_number":"33.2-500","catch_line":"Definitions","url":"\/33.2-500\/","token":"33.2\/II\/5\/33.2-500","metadata":false},"next_section":{"id":73601,"structure_id":13753,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","url":"\/33.2-502\/","token":"33.2\/II\/5\/33.2-502","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-501\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 197 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 24 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 339; in 1988, chapter 637; in 1989, chapters 573 and 744; in 1993, chapters 82 and 587; in 1994, chapters 212<\/a>, 426<\/a>, and 439<\/a>; in 1995, chapter 55<\/a>; in 1996, chapters 34<\/a>, 187<\/a>, 191<\/a>, 695<\/a>, 921<\/a>, and 1037<\/a>; in 1997, chapter 504<\/a>; in 1998, chapter 321<\/a>; in 1999, chapters 914<\/a> and 960<\/a>; in 2000, chapter 322<\/a>; in 2002, chapters 89<\/a> and 757<\/a>; in 2004, chapter 704<\/a>; in 2006, chapters 600<\/a>, 873<\/a>, and 908<\/a>; in 2007, chapter 317<\/a>; in 2008, chapter 511<\/a>; in 2009, chapter 676<\/a>; in 2010, chapters 111<\/a>, 133<\/a>, 390<\/a>, and 485<\/a>; in 2011, chapters 735<\/a>, 881<\/a>, and 889<\/a>; in 2012, chapters 681<\/a> and 743<\/a>; in 2014, chapter 805<\/a>; in 2015, chapters 256<\/a>, 502<\/a>, and 503<\/a>; in 2016, chapters 699<\/a> and 715<\/a>; in 2019, chapter 749<\/a>.<\/p>","references":[{"id":83043,"section_number":"33.2-500","catch_line":"Definitions","order_by":null,"url":"\/33.2-500\/"},{"id":73601,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","order_by":null,"url":"\/33.2-502\/"},{"id":54759,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","order_by":null,"url":"\/33.2-503\/"},{"id":82578,"section_number":"33.2-505","catch_line":"Exclusion of HOT lanes from certain other laws","order_by":null,"url":"\/33.2-505\/"},{"id":66109,"section_number":"46.2-749.3","catch_line":"Special license plates for clean special fuel vehicles","order_by":null,"url":"\/46.2-749.3\/"}],"refers_to":[{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"},{"id":66460,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","order_by":null,"url":"\/19.2-76.2\/"},{"id":83631,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","order_by":null,"url":"\/19.2-76.3\/"},{"id":81578,"section_number":"33.2-2500","catch_line":"Northern Virginia Transportation Authority created","order_by":null,"url":"\/33.2-2500\/"},{"id":56954,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","order_by":null,"url":"\/33.2-319\/"},{"id":75794,"section_number":"33.2-613","catch_line":"Free use of toll facilities by certain state officers and employees; penalties","order_by":null,"url":"\/33.2-613\/"},{"id":59645,"section_number":"46.2-2075","catch_line":"Required certificates of public convenience and necessity","order_by":null,"url":"\/46.2-2075\/"},{"id":77158,"section_number":"46.2-2080","catch_line":"Irregular route passenger certificates","order_by":null,"url":"\/46.2-2080\/"},{"id":54810,"section_number":"46.2-2096","catch_line":"Certificates required unless exempted","order_by":null,"url":"\/46.2-2096\/"},{"id":76598,"section_number":"46.2-2099.4","catch_line":"Required certificate of fitness","order_by":null,"url":"\/46.2-2099.4\/"},{"id":86612,"section_number":"46.2-2099.44","catch_line":"Certificate of fitness required","order_by":null,"url":"\/46.2-2099.44\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"},{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"},{"id":66109,"section_number":"46.2-749.3","catch_line":"Special license plates for clean special fuel vehicles","order_by":null,"url":"\/46.2-749.3\/"}],"permalink":{"id":206117,"object_type":"law","relational_id":80087,"identifier":"33.2-501","token":"33.2\/II\/5\/33.2-501","url":"\/33.2-501\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-501\/","token":"33.2\/II\/5\/33.2-501","dublin_core":{"Title":"Designation of HOV lanes; use of such lanes; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-501","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In order<\/span> to facilitate the rapid and orderly movement of traffic to and from urban areas during peak traffic periods, the Board<\/span> may designate one or more lanes of any highway<\/span> in the Interstate System<\/span>, primary state highway<\/span> system, or secondary state highway<\/span> system as HOV lanes<\/span>. When lanes have been so designated and have been appropriately marked with signs or other markers as the Board<\/span> may prescribe, they shall be reserved during periods designated by the Board<\/span> for the exclusive use of buses and high-occupancy vehicles. Any local governing body may also, with respect to highways<\/span> under its exclusive jurisdiction<\/span>, designate HOV lanes<\/span> and impose and enforce restrictions on the use of such lanes. Any highway<\/span> for which the locality receives highway<\/span> maintenance<\/span> funds pursuant to \u00a7 33.2-319<\/a> shall be deemed to be within the exclusive jurisdiction<\/span> of the local governing body for the purposes of this section. HOV lanes<\/span> shall be reserved for high-occupancy vehicles of a specified number of occupants as determined by the Board<\/span> or, for HOV lanes<\/span> designated by a local governing body, by that local governing body. However, no designation of any lane or lanes of any highway<\/span> as HOV lanes<\/span> shall apply to the use of any such lanes by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Emergency vehicles such as firefighting vehicles and emergency medical services vehicles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Law<\/span>-enforcement vehicles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Motorcycles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> a. Transit and commuter buses<\/span> designed to transport 16 or more passengers, including the driver;\n\t\t\t\tb. Any vehicle operating under a certificate issued under § 46.2-2075<\/a>, 46.2-2080<\/a>, 46.2-2096<\/a>, 46.2-2099.4<\/a>, or 46.2-2099.44<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Vehicles of public utility companies operating in response to an emergency call; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Vehicles bearing clean special fuel vehicle license plates issued pursuant to § 46.2-749.3<\/a>, provided such use is in compliance with federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Taxicabs having two or more occupants, including the driver; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> (Contingent effective date) Any active duty military member in uniform who is utilizing Interstate 264 and Interstate 64 for the purposes of traveling to or from a military facility in the Hampton Roads Planning District.\n\t\t\t\tIn the Hampton Roads Planning District, HOV restrictions may be temporarily lifted and HOV lanes<\/span> opened to use by all vehicles when restricting use of HOV lanes<\/span> becomes impossible or undesirable and the temporary lifting of HOV limitations is indicated by signs along or above the affected portion of highway.\n\t\t\t\tThe Commissioner of Highways<\/span> shall implement a program of the HOV facilities in the Hampton Roads Planning District beginning not later than May 1, 2000. This program shall include the temporary lifting of HOV restrictions and the opening of HOV lanes<\/span> to all traffic when an incident resulting from nonrecurring causes within the general lanes occurs such that a lane of traffic is blocked or is expected to be blocked for 10 minutes or longer. The HOV restrictions for the facility shall be reinstated when the general lane is no longer blocked and is available for use.\n\t\t\t\tThe Commissioner of Highways<\/span> shall maintain necessary records to evaluate the effects of such openings on the operation of the general lanes and the HOV lanes<\/span>. This program will terminate if the Federal Highway Administration requires repayment of any federal highway construction<\/span> funds because of the program’s impact on the HOV facilities in Hampton Roads. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In designating any lane or lanes of any highway as HOV lanes<\/span>, the Board<\/span> or local governing body shall specify the hour or hours of each day of the week during which the lanes shall be so reserved, and the hour or hours shall be plainly posted at whatever intervals along the lanes the Board<\/span> or local governing body deems appropriate. Any person driving a motor vehicle in a designated HOV lane in violation of this section is guilty of a traffic infraction, which shall not be a moving violation, and on conviction<\/span> shall be fined $100. However, violations committed within the boundaries of Planning District 8 shall be punishable as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a first offense<\/span>, by a fine of $125; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a second offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $250; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For a third offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $500; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For a fourth or subsequent offense<\/span> within a period of five years from a first offense<\/span>, by a fine of $1,000.\n\t\t\t\tUpon a conviction<\/span> under this section, the court<\/span> shall furnish to the Commissioner of the Department<\/span> of Motor Vehicles in accordance with § 46.2-383<\/a> an abstract of the record of such conviction<\/span>, which shall become a part of the person’s driving record. Notwithstanding the provisions of § 46.2-492<\/a>, no driver demerit points shall be assessed for any violation of this section, except that persons convicted of second, third, fourth, or subsequent violations within five years of a first offense<\/span> committed in Planning District 8 shall be assessed three demerit points for each such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the prosecution<\/span> of an offense<\/span>, committed in the presence of a law<\/span>-enforcement officer, of failure to obey a road sign restricting a highway, or portion thereof, to the use of high-occupancy vehicles, proof that the vehicle described in the HOV violation summons<\/span> was operated in violation of this section, together with proof that the defendant<\/span> was at the time of such violation the registered owner<\/span> of the vehicle, shall constitute in evidence<\/span> a rebuttable presumption<\/span> that such registered owner<\/span> of the vehicle was the person who committed the violation. Such presumption<\/span> shall be rebutted if the registered owner<\/span> of the vehicle testifies in open court<\/span> under oath<\/span> that he was not the operator of the vehicle at the time of the violation. A summons<\/span> for a violation of this section may be executed in accordance with § 19.2-76.2<\/a>. Such rebuttable presumption<\/span> shall not arise when the registered owner<\/span> of the vehicle is a rental or leasing company. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of § 19.2-76<\/a>, whenever a summons<\/span> for a violation of this section is served in any locality, it may be executed by mailing by first-class mail a copy thereof to the address of the owner<\/span> of the vehicle as shown on the records of the Department<\/span> of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the summons<\/span> mailed pursuant to this section, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>.\n\t\t\tNo proceedings for contempt<\/span> or arrest<\/span> of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding § 33.2-613<\/a>, high-occupancy vehicles having three or more occupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. Brault Expressway (Dulles Toll Road) without paying a toll. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the contrary provisions of this section, the following conditions shall be met before the HOV-2 designation of Interstate 66 can be changed to HOV-3 or any more restrictive designation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Department<\/span> of Transportation shall publish a notice of its intent<\/span> to change the existing designation and also immediately provide similar notice of its intent<\/span> to all members of the General Assembly representing districts that touch or are directly impacted by traffic on Interstate 66. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Department<\/span> of Transportation shall hold public hearings<\/span> in the corridor to receive comments from the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Department<\/span> of Transportation shall make a finding<\/span> of the need for a change in such designation, based on public hearings<\/span> and its internal data, and present this finding<\/span> to the Board<\/span> for approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Board<\/span> shall make written findings<\/span> and a decision based upon the following criteria:\n\t\t\t\ta. Is changing the HOV-2 designation to HOV-3 in the public interest?\n\t\t\t\tb. Is there quantitative and qualitative evidence<\/span> that supports the argument that HOV-3 will facilitate the flow of traffic on Interstate 66?\n\t\t\t\tc. Is changing the HOV-2 designation beneficial to comply with the federal Clean Air Act Amendments of 1990?\n\t\t\t\td. Has the change in designation been screened and evaluated by the Northern Virginia Transportation Authority according to the process established pursuant to subdivision 2 of § 33.2-2500<\/a>? <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESIGNATION OF HOV LANES; USE OF SUCH LANES; PENALTIES (\u00a7 33.2-501)\n\nA. In order to facilitate the rapid and orderly movement of traffic to and from\nurban areas during peak traffic periods, the Board may designate one or more\nlanes of any highway in the Interstate System, primary state highway system, or\nsecondary state highway system as HOV lanes. When lanes have been so designated\nand have been appropriately marked with signs or other markers as the Board may\nprescribe, they shall be reserved during periods designated by the Board for the\nexclusive use of buses and high-occupancy vehicles. Any local governing body may\nalso, with respect to highways under its exclusive jurisdiction, designate HOV\nlanes and impose and enforce restrictions on the use of such lanes. Any highway\nfor which the locality receives highway maintenance funds pursuant to \u00a7\n33.2-319 shall be deemed to be within the exclusive jurisdiction of the local\ngoverning body for the purposes of this section. HOV lanes shall be reserved for\nhigh-occupancy vehicles of a specified number of occupants as determined by the\nBoard or, for HOV lanes designated by a local governing body, by that local\ngoverning body. However, no designation of any lane or lanes of any highway as\nHOV lanes shall apply to the use of any such lanes by:\n\n 1. Emergency vehicles such as firefighting vehicles and emergency medical\n services vehicles;\n\n 2. Law-enforcement vehicles;\n\n 3. Motorcycles;\n\n 4. a. Transit and commuter buses designed to transport 16 or more passengers,\n including the driver;\n \t\t\t\tb. Any vehicle operating under a certificate issued under §\n 46.2-2075, 46.2-2080, 46.2-2096, 46.2-2099.4, or 46.2-2099.44;\n\n 5. Vehicles of public utility companies operating in response to an emergency\n call;\n\n 6. Vehicles bearing clean special fuel vehicle license plates issued pursuant\n to § 46.2-749.3, provided such use is in compliance with federal law;\n\n 7. Taxicabs having two or more occupants, including the driver; or\n\n 8. (Contingent effective date) Any active duty military member in uniform who\n is utilizing Interstate 264 and Interstate 64 for the purposes of traveling to\n or from a military facility in the Hampton Roads Planning District.\n \t\t\t\tIn the Hampton Roads Planning District, HOV restrictions may be\n temporarily lifted and HOV lanes opened to use by all vehicles when\n restricting use of HOV lanes becomes impossible or undesirable and the\n temporary lifting of HOV limitations is indicated by signs along or above the\n affected portion of highway.\n \t\t\t\tThe Commissioner of Highways shall implement a program of the HOV\n facilities in the Hampton Roads Planning District beginning not later than May\n 1, 2000. This program shall include the temporary lifting of HOV restrictions\n and the opening of HOV lanes to all traffic when an incident resulting from\n nonrecurring causes within the general lanes occurs such that a lane of\n traffic is blocked or is expected to be blocked for 10 minutes or longer. The\n HOV restrictions for the facility shall be reinstated when the general lane is\n no longer blocked and is available for use.\n \t\t\t\tThe Commissioner of Highways shall maintain necessary records to evaluate\n the effects of such openings on the operation of the general lanes and the HOV\n lanes. This program will terminate if the Federal Highway Administration\n requires repayment of any federal highway construction funds because of the\n program’s impact on the HOV facilities in Hampton Roads.\n\nB. In designating any lane or lanes of any highway as HOV lanes, the Board or\nlocal governing body shall specify the hour or hours of each day of the week\nduring which the lanes shall be so reserved, and the hour or hours shall be\nplainly posted at whatever intervals along the lanes the Board or local\ngoverning body deems appropriate. Any person driving a motor vehicle in a\ndesignated HOV lane in violation of this section is guilty of a traffic\ninfraction, which shall not be a moving violation, and on conviction shall be\nfined $100. However, violations committed within the boundaries of Planning\nDistrict 8 shall be punishable as follows:\n\n 1. For a first offense, by a fine of $125;\n\n 2. For a second offense within a period of five years from a first offense, by\n a fine of $250;\n\n 3. For a third offense within a period of five years from a first offense, by\n a fine of $500; and\n\n 4. For a fourth or subsequent offense within a period of five years from a\n first offense, by a fine of $1,000.\n \t\t\t\tUpon a conviction under this section, the court shall furnish to the\n Commissioner of the Department of Motor Vehicles in accordance with §\n 46.2-383 an abstract of the record of such conviction, which shall become a\n part of the person’s driving record. Notwithstanding the provisions of\n § 46.2-492, no driver demerit points shall be assessed for any violation\n of this section, except that persons convicted of second, third, fourth, or\n subsequent violations within five years of a first offense committed in\n Planning District 8 shall be assessed three demerit points for each such\n violation.\n\nC. In the prosecution of an offense, committed in the presence of a\nlaw-enforcement officer, of failure to obey a road sign restricting a highway,\nor portion thereof, to the use of high-occupancy vehicles, proof that the\nvehicle described in the HOV violation summons was operated in violation of this\nsection, together with proof that the defendant was at the time of such\nviolation the registered owner of the vehicle, shall constitute in evidence a\nrebuttable presumption that such registered owner of the vehicle was the person\nwho committed the violation. Such presumption shall be rebutted if the\nregistered owner of the vehicle testifies in open court under oath that he was\nnot the operator of the vehicle at the time of the violation. A summons for a\nviolation of this section may be executed in accordance with § 19.2-76.2.\nSuch rebuttable presumption shall not arise when the registered owner of the\nvehicle is a rental or leasing company.\n\nD. Notwithstanding the provisions of § 19.2-76, whenever a summons for a\nviolation of this section is served in any locality, it may be executed by\nmailing by first-class mail a copy thereof to the address of the owner of the\nvehicle as shown on the records of the Department of Motor Vehicles. If the\nsummoned person fails to appear on the date of return set out in the summons\nmailed pursuant to this section, the summons shall be executed in the manner set\nout in § 19.2-76.3.\n\t\t\tNo proceedings for contempt or arrest of a person summoned by mailing shall\nbe instituted for his failure to appear on the return date of the summons.\n\nE. Notwithstanding § 33.2-613, high-occupancy vehicles having three or more\noccupants (HOV-3) may be permitted to use the Omer L. Hirst-Adelard L. Brault\nExpressway (Dulles Toll Road) without paying a toll.\n\nF. Notwithstanding the contrary provisions of this section, the following\nconditions shall be met before the HOV-2 designation of Interstate 66 can be\nchanged to HOV-3 or any more restrictive designation:\n\n 1. The Department of Transportation shall publish a notice of its intent to\n change the existing designation and also immediately provide similar notice of\n its intent to all members of the General Assembly representing districts that\n touch or are directly impacted by traffic on Interstate 66.\n\n 2. The Department of Transportation shall hold public hearings in the corridor\n to receive comments from the public.\n\n 3. The Department of Transportation shall make a finding of the need for a\n change in such designation, based on public hearings and its internal data,\n and present this finding to the Board for approval.\n\n 4. The Board shall make written findings and a decision based upon the\n following criteria:\n \t\t\t\ta. Is changing the HOV-2 designation to HOV-3 in the public interest?\n \t\t\t\tb. Is there quantitative and qualitative evidence that supports the\n argument that HOV-3 will facilitate the flow of traffic on Interstate 66?\n \t\t\t\tc. Is changing the HOV-2 designation beneficial to comply with the federal\n Clean Air Act Amendments of 1990?\n \t\t\t\td. Has the change in designation been screened and evaluated by the\n Northern Virginia Transportation Authority according to the process\n established pursuant to subdivision 2 of § 33.2-2500?\n\nHISTORY: 1973, c. 197, \u00a7 33.1-46.2; 1983, c. 339; 1988, c. 637; 1989, cc. 573,\n744; 1993, cc. 82, 587; 1994, cc. 212, 426, 439; 1995, c. 55; 1996, cc. 34,\n187, 191, 695, 921, 1037; 1997, c. 504; 1998, c. 321; 1999, cc. 914, 960; 2000,\nc. 322; 2002, cc. 89, 757; 2003, c. 324; 2004, c. 704; 2006, cc. 600, 873, 908;\n2007, c. 317; 2008, c. 511; 2009, c. 676; 2010, cc. 111, 133, 390, 485; 2011,\ncc. 735, 881, 889; 2012, cc. 681, 743; 2014, c. 805; 2015, cc. 256, 502, 503;\n2016, cc. 699, 715; 2019, c. 749.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}