§ 102. — Program efficiencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC102]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 102. Program efficiencies
(a) HOV Passenger Requirements.--
(1) In general.--A State transportation department shall
establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes; except that no fewer than 2 occupants per
vehicle may be required and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and bicycles
shall not be considered single occupant vehicles.
(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a State
may permit a vehicle with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicle is certified as an Inherently
Low-Emission Vehicle pursuant to title 40, Code of Federal
Regulations, and is labeled in accordance with, section 88.312-93(c)
of such title. Such permission may be revoked by the State should
the State determine it necessary.
(b) Access of Motorcycles.--No State or political subdivision of a
State may enact or enforce a law that applies only to motorcycles and
the principal purpose of which is to restrict the access of motorcycles
to any highway or portion of a highway for which Federal-aid highway
funds have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.
(c) Engineering Cost Reimbursement.--If on-site construction of, or
acquisition of right-of-way for, a highway project is not commenced
within 10 years (or such longer period as the State requests and the
Secretary determines to be reasonable) after the date on which Federal
funds are first made available, out of the Highway Trust Fund (other
than Mass Transit Account), for preliminary engineering of such project,
the State shall pay an amount equal to the amount of Federal funds made
available for such engineering. The Secretary shall deposit in such Fund
all amounts paid to the Secretary under this section.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102-240, title I,
Sec. 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105-178, title I,
Secs. 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9, 1998, 112 Stat. 185,
186, 193, 227.)
References in Text
Section 163 of the Surface Transportation Assistance Act of 1982,
referred to in subsec. (a)(1), is section 163 of Pub. L. 97-424, which
is set out as a note under section 146 of this title.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 1209, designated existing
provisions as par. (1), inserted heading, realigned margins, and added
par. (2).
Subsec. (a)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Subsec. (b). Pub. L. 105-178, Sec. 1206, added subsec. (b). Former
subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 105-178, Sec. 1304, which directed insertion of
``(or such longer period as the State requests and the Secretary
determines to be reasonable)'' after ``10 years'' in first sentence of
subsec. (b), was executed by making the insertion in first sentence of
subsec. (c) to reflect the probable intent of Congress and the amendment
by Pub. L. 105-178, Sec. 1206. See below.
Pub. L. 105-178, Sec. 1206, redesignated subsec. (b) as (c).
1991--Pub. L. 102-240 substituted section catchline for one which
read: ``Authorizations'' and amended text generally. Prior to amendment,
text read as follows: ``The provisions of this title apply to all
unappropriated authorizations contained in prior Acts, and also to all
unexpended appropriations, heretofore made, providing for the
expenditure of Federal funds upon the Federal-aid systems. All such
authorizations and appropriations shall continue in full force and
effect, but hereafter obligations entered into and expenditures made
pursuant thereto shall be subject to the provisions of this title.''
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
