High Occupancy Vehicle (HOV) Facilities, SAFETEA-LU Section 1121 (23 USC 166)

Section 1121 of SAFETEA-LU replaces Section 102(a) of Title 23 of the United States Code (23 U.S.C.) with a new Section 166 that clarifies some aspect of the operation of HOV facilities and provides more exceptions to the vehicle occupancy requirements for HOV facilities. It also authorizes States to create High Occupancy Toll (HOT) lanes. Specifically, this section allows States to charge tolls to vehicles that do not meet the established occupancy requirements to use an HOV lane if the State establishes a program that addresses the selection of certified vehicles and procedures that addresses the selection of certified vehicles and procedures to manage the demand of the facility by varying the toll amount and enforcing violations. A toll agreement must be executed between the FHWA, the State Department of Transportation, and operating agencies. Tolls under this section may be charged on both Interstate and non-Interstate facilities. There is no limit on the number of projects or the number of states that can participate.

If a State desires to create a new HOT lane or convert an existing HOV lane to a HOT lane, an Expression of Interest should be sent to the Tolling and Pricing Team and the local Division Office.

Program Contact

Jessie Yung
Jessie.Yung@dot.gov
202-366-4672