HB 2426 -- High Occupancy Vehicle Lanes and High Occupancy Toll
Lanes

Sponsor:  Faith

This bill authorizes the Highways and Transportation Commission
to create high occupancy vehicle (HOV) lanes by designating an
existing general-use lane or building new lanes on the state
highway system.  The commission will determine and indicate on
traffic control devices the occupancy levels of vehicles that may
use the HOV lanes and the time of day when the lanes may be
restricted to high occupancy vehicle usage.  Anyone using an HOV
lane in violation of the requirements for the lane will be guilty
of an infraction and subject to a fine of up to $200 plus court
costs.

The commission, after approval from the Federal Highway
Administration, may convert a HOV lane to a high occupancy toll
lane if it has excess vehicle capacity.  Vehicles other than high
occupancy vehicles may use high occupancy toll lanes for a toll
as determined by the commission.  The administration of the tolls
and their collection by the commission must be consistent with
federal regulations.  The commission must develop, manage, and
maintain a collection system that will automatically collect
tolls.  If using a recording or identification device, the
display of the device will not be in violation of any state law
or rule unless it obstructs the operator's clear view of the
lane.  Notices must be posted in the plain view of operators
using the toll lane that notify the public that failure to pay
the toll is a traffic violation and that describe the minimum
requirements for high occupancy vehicles that do not have to pay
the toll to use the HOV lane.  The owner of a vehicle issued a
summons for failure to pay the required toll will be guilty of an
infraction; required to pay, upon conviction, the amount of the
toll, which must be remitted to the commission; and subject to a
fine of up to $200 plus court costs.

If a summons is issued to a vehicle that has multiple owners, it
will be issued against only one of the owners and, upon
conviction, the toll payment, fine, and court costs may only be
assessed against the one owner.  An owner may furnish an
affidavit containing specified information as evidence that
another person was in control of the vehicle at the time of the
violation which will be admissible in a court proceeding to
adjudicate the alleged violation.  The court is authorized to
terminate the prosecution of the summons issued to the owner and
issue a summons to the person identified as operating the vehicle
at the time of the violation.  If the owner alleges that the
vehicle had been stolen at the time of the violation, the owner
must submit proof to the court that he or she filed a police
report.  If the vehicle is registered to a rental or leasing
company, the company may provide a copy of the rental or lease
agreement to law enforcement as proof that someone else was in
control of the vehicle at the time of the violation.  No legal
action can be taken against the company unless previous written
notice of the violation was provided by registered mail and the
company failed to provide the proof within 15 days of receiving
the notice.

Any evidence, including a law enforcement officer's written
report, telephone call, or other record or photographic evidence
from a photo monitoring system, which indicates a required toll
was not paid is admissible in any enforcement proceeding.  A
summons issued through the use of a photo monitoring system must
be sent by first class mail to the most recent address of the
vehicle owner within 21 days of the violation and must include
the date, time, and location of the violation with instructions
on how to dispose of the violation through court appearance or
payment of the fine and costs.

The bill specifies the procedures for the enforcement of toll
collections and the issuance of a traffic citation through the
use of a photo monitoring system.

Nothing in the bill prohibits a law enforcement officer from
issuing a citation for a violation of any other traffic law or
regulation that occurs in an HOV or high occupancy toll lane,
except that a photo monitoring system cannot be used to enforce
the other traffic laws and regulations.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm