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.
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