§ 146. — Carpool and vanpool projects.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC146]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 146. Carpool and vanpool projects
(a) In order to conserve fuel, decrease traffic congestion during
rush hours, improve air quality, and enhance the use of existing
highways and parking facilities, the Secretary may approve for Federal
financial assistance from funds apportioned under sections 104(b)(1) and
104(b)(3) of this title, projects designed to encourage the use of
carpools and vanpools. (As used hereafter in this section, the term
``carpool'' includes a vanpool.) Such a project may include, but is not
limited to, such measures as providing carpooling opportunities to the
elderly and handicapped, systems for locating potential riders and
informing them of convenient carpool opportunities, acquiring vehicles
appropriate for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic control
devices, and designating existing facilities for use as preferential
parking for carpools.
(b) A project authorized by this section shall be subject to and
carried out in accordance with all provisions of this title, except
those provisions which the Secretary determines are inconsistent with
this section.
(Added Pub. L. 95-599, title I, Sec. 126(a), Nov. 6, 1978, 92 Stat.
2705; amended Pub. L. 105-178, title I, Sec. 1103(l)(1), June 9, 1998,
112 Stat. 125.)
Prior Provisions
A prior section 146, Pub. L. 93-87, title I, Sec. 125(a), Aug. 13,
1973, 87 Stat. 262, related to a special urban high density traffic
program, prior to repeal by Pub. L. 94-280, title I, Sec. 128(a), May 5,
1976, 90 Stat. 440.
Amendments
1998--Subsec. (a). Pub. L. 105-178 substituted ``sections 104(b)(1)
and 104(b)(3)'' for ``sections 104(b)(1), 104(b)(2), and 104(b)(6)''.
Use of High Occupancy Lanes
Pub. L. 97-424, title I, Sec. 163, Jan. 6, 1983, 96 Stat. 2136, as
amended by Pub. L. 100-17, title I, Sec. 133(a)(4), (5), Apr. 2, 1987,
101 Stat. 170, 171; Pub. L. 102-240, title I, Sec. 1056, Dec. 18, 1991,
105 Stat. 2002, provided that: ``Notwithstanding any other provision of
this Act or any other law, no funds apportioned or allocated to a State
for Federal-aid highways shall be obligated for a project for
constructing, resurfacing, restoring, rehabilitating, or reconstructing
a Federal-aid highway which has a lane designated as a carpool lane
unless the use of such lane includes use by motorcycles. Upon
certification by the State to the Secretary of Transportation, after
notice in the Federal Register and an opportunity for public comment,
and acceptance of such certification by the Secretary, the State may
restrict such use by motorcycles if such use would create a safety
hazard. Any certification made before the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991 [Dec. 18, 1991]
shall not be recognized by the Secretary until the Secretary publishes
notice of such certification in the Federal Register and provides an
opportunity for public comment on such certification.''
Expenditure of Administrative Funds for Carpooling and Vanpooling
Programs
Pub. L. 97-424, title I, Sec. 123(b), Jan. 6, 1983, 96 Stat. 2113,
provided that: ``The Secretary of Transportation is authorized and
directed to expend such sums as are necessary out of the administrative
funds authorized by subsection (a) of section 104, title 23, United
States Code, to carry out the provisions of subsection (d) of section
126 of the Federal-Aid Highway Act of 1978 [section 126(d) of Pub. L.
95-599, set out below].''
Grants to States, Counties, etc., To Promote Carpooling and Vanpooling
Programs
Section 126(d)-(h) of Pub. L. 95-599, as amended by Pub. L. 102-240,
title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat. 2088, provided that:
``(d) It is hereby declared to be national policy that special
effort should be made to promote commuter modes of transportation which
conserve energy, reduce pollution, and reduce traffic congestion. The
Secretary is directed to assist both public and private employers and
employees who wish to establish carpooling and vanpooling programs where
they are needed and desired, and to assist local and State governments,
and their instrumentalities, in encouraging such modes by removing legal
and regulatory barriers to such programs, supporting existing carpooling
and vanpooling programs, and providing technical assistance, for the
purpose of increasing participation in such modes.
``(e) The Secretary of Transportation is authorized to make grants
and loans to States, counties, municipalities, metropolitan planning
organizations, and other units of local and regional government
consistent with the policy of subsection (d) of this section. Such
grants and loans shall be awarded in a manner which emphasizes energy
conservation, although the Secretary may use other factors as he deems
appropriate. The Federal share of the costs of any project approved
under this subsection shall not exceed 75 per centum. No grant awarded
under this subsection may be used for the purchase or lease of vehicles.
``(f) There is hereby authorized to be appropriated, out of the
Highway Trust Fund, not to exceed $1,000,000 for the fiscal year ending
September 30, 1979, $1,000,000 for the fiscal year ending September 30,
1980, and $1,000,000 for the fiscal year ending September 30, 1981, for
expenditures incurred by the Secretary of Transportation in carrying out
the provisions of subsection (d) of this section, and $3,000,000 for the
fiscal year ending September 30, 1979, and $9,000,000 for the fiscal
year ending September 30, 1980, for the purpose of carrying out the
program described in subsection (e) of this section.
``(g) The Secretary of Transportation shall not approve any project
under subsection (d) or (e) of this section or under section 146 of
title 23, United States Code; which will have an adverse effect on any
mass transportation system.
``(h) The Secretary of Transportation is directed to study the
administrative effectiveness of carpooling and vanpooling programs
within the Department of Transportation, including programs of the
Federal Highway Administration, the Federal Transit Administration, and
the Office of the Secretary. Such study shall be completed no later than
September 30, 1979. Upon completion of such study, the Secretary shall
propose a plan to centralize or modify such programs to make delivery of
services and grants more efficient, more cost-effective, and to avoid
duplication of effort. Such plan shall list statutory changes needed to
implement such a plan, which shall be sent to Congress no later than
March 30, 1980.''
[``Federal Transit Administration'' substituted for ``Urban Mass
Transit Administration'' in section 126(h) of Pub. L. 95-599, set out
above, pursuant to section 3004(a) of Pub. L. 102-240, set out as a note
under section 107 of Title 49, Transportation.]
Federal Facility Ridesharing Program
For provisions relating to the Federal Facilities Ridesharing
Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set out as
a note under section 6361 of Title 42, The Public Health and Welfare.
