28-737. High occupancy vehicle lanes; exceptions; civil penalty; definitions

A. Except as provided in sections 28-2416 and 28-2416.01 and subsection B 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. Subsection A of this section does not apply to any of the following:

1. During the performance of a tow truck operator's duties, a tow truck operator driving a tow truck.

2. A person driving a motorcycle.

3. A person driving a public transportation vehicle.

4. An authorized emergency vehicle that is in use by a first responder in the line of duty.

5. A blood transport vehicle if the vehicle displays on each side and on the rear of the vehicle a removable decal or sign indicating that the vehicle is transporting human blood or blood products.

C. A person who violates subsection A of this section is subject to a civil penalty of $200.

D. Notwithstanding section 28-1554, $100 of each civil penalty collected pursuant to subsection C of this section shall be deposited in the state general fund.

E. For the purposes of this section:

1. "Blood transport vehicle" means a motor vehicle that is owned or operated by a nonprofit general blood banking operation, a nonprofit blood bank or a nonprofit blood bank's agent and that is transporting blood or blood products between collection points, hospitals or blood storage centers.

2. "Public transportation vehicle" means any vehicle that provides a public entity's public transportation service and either:

(a) Is owned or operated by the public entity.

(b) Is operated under a contract with the public entity.