28-737. High occupancy vehicle lanes; civil penalty; definition

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 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 as defined in section 28-101 that is in use by a first responder in the line of duty.

C. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.

D. Notwithstanding section 28-1554, one hundred dollars 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, "public transportation vehicle" means any vehicle that provides a public entity's public transportation service and either:

1. Is owned or operated by the public entity.

2. Is operated under a contract with the public entity.