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sdctcher · #2 (**permalink**) 01-03-2005, 06:17 PM

Reprint From American International Automobile Dealers
November 23, 2004

California’s Hybrid Law May be Barred from Going into Effect
By Frank Giovinazzi, Web Editor AIADA

Unless Congress passes a special waiver, Schwarzenegger’s HOV-access law is stalled

Despite all the fanfare surrounding California’s recent action to allow hybrid vehicles in HOV lanes, there’s a small problem that still needs to be worked out.

It violates Federal Law.

Specifically, HOV lanes built with Federal funding are only to be used by vehicles carrying more than one person. HOV stands for High Occupancy Vehicle. The rules do allow an exemption for natural gas-powered vehicles, but hybrids do not qualify.

The penalty for flouting the law can range from denial or confiscation of federally-provided highway money. So despite the action by the California legislature and Gov. Arnold Schwarzenegger, the new law will not be able to go into effect January 1.

Unless, that is, a federal waiver is obtained that would permit California to implement its new policy.

California’s law would allow up to hybrid vehicles that get at least 45 miles per gallon to have HOV access, and limits the statewide number of permits to 75,000. The law also allows state officials to close access on HOV lanes deemed to be too crowded.

That federal waiver would most likely be obtained via a bill passed by Congress, when lawmakers reconvene after the November election. U.S. Representative Brad Sherman [D-CA] is drafting the bill, and expects his effort to be supported by a bi-partisan majority of California’s 53-member House delegation.

[UPDATE: Rep. Sherman submitted a hybrid exemption bill Nov. 19 -- read the story here:
California Congressman Introduces Federal Bill to Grant Hybrids HOV Access
November 23, 2004
By Frank Giovinazzi, Web Editor AIADA

Bill would permit California’s state law to go into effect.

WASHINGTON -- A bill that would grant a special exemption for solo drivers of hybrid vehicles to travel in HOV lanes was introduced to the U.S. House of Representatives on Friday.

Sponsored by Rep. Brad Sherman [D-CA], the measure is the final step needed to allow a California law permitting hybrid access to go into effect. Though signed into law September 24 by Gov. Arnold Schwarzenegger, the state law is invalid because Federal rules govern HOV use.

Because Federal funds are used to build HOV lanes, states are not permitted to circumvent stipulations that only vehicles with two or more passengers are allowed to travel on them. While the state of Virginia does allow hybrid vehicles such as the Toyota Prius and Honda Civic in its HOV lanes, the practice has been recognized as being in violation of federal law.

California’s law would allow to hybrid vehicles that get at least 45 miles per gallon to have HOV access, and limits the statewide number of permits to 75,000. The law also allows state officials to close access on HOV lanes deemed to be too crowded.

Rep. Sherman’s bill has a slight chance of passing before the current session of Congress ends. The intent of the bill is similar to language included in a $300 billion highway funding bill that failed to pass before the November elections. The bill’s failure to pass was not attributed to the HOV provision, on which at least a majority of legislators are in agreement. According to staffers for Rep. Sherman, he is lining up supporters within California’s 53-member delegation and expects the bill to enjoy bi-partisan support.

Gov. Schwarzenegger’s office declined to comment on the new bill, even though he was closely associated with the effort to pass the state law.]

That hybrids in HOV lanes violates federal law may be a revelation to some, especially Virginia hybrid owners who zip along in the HOV lanes, often unencumbered by a passenger.

The stance of federal officials have been clear on the issue. From an online forum hosted by the Environmental Protection Agency, to working papers of an HOV committee, to a flat-out denial to a request from Arizona, the answer has been consistent: it is illegal for states to allow hybrids to travel in HOV lanes.

Virginia’s own HOV Task Force reported last year that the state’s "exemption for hybrid vehicles is in violation of current Federal statute."

So why then, does Virginia allow hybrids to travel HOV lanes -- and how does it avoid penalty?

A U.S. Department of Transportation official who agreed to speak only on background said: "Technically it’s illegal, but we’re looking the other way."

The non-action posture makes sense, actually. Congress has been considering legislation that would permit hybrids HOV access. The new rules died, however, when Congress failed to pass a $300 billion highway funding bill just weeks before the election. Rather than go home to their districts and face "big-spender" criticism, legislators opted instead to pass an 8-month extension of the current funding bill.

If Rep. Sherman’s bill passes, the waiver would likely apply to all states, not only California. The ruling might come at an especially propitious time for Gov. Schwarzenegger. The Financial Times has reported Schwarzenegger is traveling to Japan next month to lobby Toyota officials to build their proposed U.S.-based hybrid plant in the Golden State.

Schwarzenegger’s office declined to comment on the Japan trip -- or if the Governor will personally lobby for the federal waiver. A spokesperson for the Governor, Terri Carbaugh, said "when he signed that bill into law he sent a clear signal to the California Congressional delegation that this is a priority."

**At this point Congress did adjourn without acting. We hope they will once again take this up when they come back to DC in January, 2005. Unfortunately, I am a Ford Escape Hybrid Owner who seldoms ventures into areas with HOV lanes so this does not affect me.

Mike