§820.5.9. High-occupancy vehicle (HOV) lane violations

            A. The secretary of the Department of Transportation and Development is authorized to maintain the peace and accomplish the orderly handling of the establishment of high-occupancy vehicle (HOV) lanes, subject to the provisions of this Section.

            B. Terms as defined in R.S. 48:345 and R.S. 32:1 shall retain their definitions, unless the terms are specifically defined in this Subsection or the context of this Section indicates otherwise. The terms listed shall have the following meanings:

            (1) "Department" means the Department of Transportation and Development or its designated agent.

            (2) "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network.

            (3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

            (4) "HOV monitoring system" means equipment installed for use with a designated HOV lane to automatically produce records for use in enforcing the provisions of this Section, such as video recordings, photographs, or other electronic data sufficient to establish the existence of an HOV violation and identifying information for the motor vehicle involved.

            (5) "HOV violation" means use of an HOV lane in a manner not authorized by this Section or any regulation promulgated pursuant to this Section.

            (6) "Qualified HOV" means an HOV or motorcycle that meets all requirements for use of a designated HOV lane.

            (7) "Registered owner" means a person in whose name a motor vehicle is registered under the law of a jurisdiction, including a person issued a dealer or transporter registration plate or a lessor of motor vehicles for public lease.

            C. Any travel lane designated as an HOV lane shall be for the exclusive use of qualified HOVs.

            D. The department may establish requirements for vehicles to use one or more designated HOV lanes, including but not limited to registration of the HOV prior to using an HOV lane. A vehicle that has not fulfilled the requirements established by the department shall not be considered a qualified HOV.

            E. In the event a record is generated by an HOV monitoring system showing an HOV violation by a vehicle, the vehicle's registered owner is subject to the following:

            (1) The vehicle's owner shall be liable to make payment to the department of the applicable penalty, unless the violation clerk waives the penalty pursuant to Subsection H of this Section.

            (2) The vehicle's owner shall be liable to make payment to the department of an administrative fee of up to twenty-five dollars to recover all costs associated with mailing, provided that a notice, as specified in Paragraph (I)(1) of this Section, has been mailed.

            F. The penalty for an HOV violation shall be a fine of not more than one hundred dollars. The department may establish increasing penalties for multiple HOV violations, but in no instance shall any penalty for a single HOV violation imposed pursuant to this Section exceed one hundred dollars.

            G. The ownership status of the motor vehicle is prima facie evidence of liability. However, the registered owner may rebut the prima facie evidence by providing proof that the vehicle was sold, or otherwise transferred prior to the HOV violation, by providing a copy of a police report indicating the motor vehicle was stolen prior to the HOV violation, or other evidence sufficient to rebut the prima facie evidence.

            H. For the purpose of educating the public and promoting proper use of HOV lanes, the department shall promulgate rules and regulations governing the issuance of warning letters in lieu of HOV violation notices in appropriate circumstances not involving frequent violators. Warning letters shall provide the information required for HOV violation notices, but shall not result in the assessment of penalties or fees against the registered owner.

            I. The following procedures shall apply to the collection of penalties, administrative fees, and late charges assessed pursuant to this Section:

            (1) The department shall send notice of an HOV violation by first-class mail to the registered owner of the motor vehicle at the address shown on the records of the Department of Public Safety and Corrections, office of motor vehicles, or such other address as may be provided by the owner or determined through other reliable means. The department may aggregate multiple HOV violations in one HOV violation notice. A manual or automatic record of the mailing prepared in the ordinary course of business of the department is prima facie evidence of the mailing of the notice.

            (2) The HOV violation notice shall include the name and address of the person alleged to be liable as a registered owner for the HOV violation, the amount of the penalty to be paid, identifying information for the motor vehicle involved, the date and approximate time of the HOV violation, the administrative fees due, an electronic mail address and physical or post office box mailing address to which an appeal may be sent, and any other information as the department may deem appropriate.

            (3) The violation notice shall also include a warning that the registered owner shall either pay the penalty and administrative fees specified in the notice or appeal the HOV violation by making a request for a hearing to the department within thirty days after issuance and describe the means and content of the response for payment or appeal. The HOV violation notice shall also include a statement notifying the registered owner that he may waive his right to a hearing by notifying the department that he is waiving this right and appealing the HOV violation by request for a written disposition. The failure of the registered owner to appeal the violation in one of the manners provided and within the delays allowed shall be deemed to be an admission of liability and a waiver of available defenses.

            (4) Within thirty calendar days after the date of issuance of the HOV violation notice, the registered owner to whom the HOV violation notice is issued shall either pay the penalties and administrative fees or appeal the HOV violation as provided by this Section.

            (5) The registered owner may, without waiving judicial review, appeal an HOV violation by notifying the department in writing, by either regular mail or electronic mail, that he is waiving the right to a hearing and requesting a review and written disposition of the HOV violation from a department violation clerk by regular mail or electronic mail.

            (a) This appeal shall contain a signed statement from the registered owner explaining the basis for the appeal. The signed statement shall be accompanied by signed statements from witnesses, police officers, government officials, or other relevant parties or photographs, diagrams, maps, or other relevant documents submitted by the registered owner.

            (b) Statements or materials sent to a violation clerk for review shall have attached to them the name, address, and electronic mail address of the registered owner as well as the number of the HOV violation notice and the date of the HOV violation. All information submitted by the registered owner shall become part of the violation record.

            (c) The violation clerk shall, within sixty days of receipt of such material, review the material and dismiss or uphold the HOV violation and notify the registered owner of the disposition of the HOV violation in writing by regular mail or electronic mail. If the appeal by request for written disposition is denied, the violation clerk shall explain the reasons for the determination.

            (d) The violation clerk shall have the authority to waive the administrative fee, in whole or in part, for good cause shown.

            (6) A registered owner that is issued an HOV violation notice may make a written statement for an appeal hearing before an agent designated by the department. The violation clerk shall, within thirty days of receipt of a request for an appeal, notify the registered owner in writing by first-class mail of the date, time, and place of the hearing.

            (a) The hearing shall be informal and may be conducted by telephone. The rules of evidence and the Administrative Procedure Act shall not apply. The decision of the agent shall be final, subject to judicial review. The parties to the appeal hearing shall be notified, in person or by regular mail or electronic mail, of the decision following the hearing.

            (b) Each written appeal decision shall contain a statement of reasons for the decision, including a determination of each issue of fact necessary to the decision. Failure to appear at the date, time, and place specified on the hearing notice shall automatically result in denial of the appeal.

            (7) Electronic mail sent by the registered owner to the address provided in the HOV violation notice shall be presumptive evidence of receipt by the department. Electronic mail sent by the department to the address provided by the registered owner shall be presumptive evidence of receipt by the registered owner.

            J.(1) The department may impose charges and sanctions against a registered owner for late payment, failure to pay, or otherwise failing to respond to an HOV violation notice as follows:

            (a) A registered owner who fails to submit payment or otherwise respond to an HOV violation notice as provided by in this Section within thirty calendar days after the date of the issuance of the HOV violation notice may incur a late charge of five dollars to cover additional costs of collection of the penalty.

            (b) If the registered owner fails to submit payment or otherwise respond to an HOV violation notice as provided by this Section within sixty calendar days after the date of issuance of the violation notice, the department may pursue civil action against the registered owner as it deems appropriate to collect the penalties and administrative fees assessed in the HOV violation notice. The violation clerk shall notify the registered owner by first-class mail of this delinquency and consequences of the delinquency.

            (2)(a) In addition to the procedures described above, the department shall promulgate rules and regulations for the identification of motor vehicles that frequently engage in HOV violations and for providing notice to registered owners of motor vehicles meeting such criteria as established by the department. A registered owner's appeal of his classification as a frequent violator shall be conducted in the same manner as an appeal of an HOV violation, but the provisions of the Administrative Procedure Act shall apply in regards to notice of the hearing decision, any request for rehearing, and any petition for judicial review. Any registered owner of a motor vehicle classified by the department as a frequent violator who fails to submit payment or otherwise respond to an HOV violation notice as provided by this Section, within sixty calendar days after the date of issuance of the notice of classification as a frequent violator is issued, shall be prohibited from any renewal or reissuance of his driver's license and the vehicle's registration until after all matters regarding HOV violations have been disposed of in accordance with law.

            (b) The violation clerk shall notify the office of motor vehicles of the registered owner's delinquency and status as a frequent violator. Upon notice from a violation clerk, the office of motor vehicles shall block the renewal or reissuance, including any duplicates, of the violator's driver's license and vehicle registration pursuant to R.S. 32:57.3.

            (3) A video recording, photograph, or other electronic data produced by an HOV monitoring system shall be admissible in a proceeding to collect a penalty, administrative fee, or other charge of the department for an HOV violation.

            (4) An original or facsimile of a certificate, sworn to or affirmed by an agent of the department that specifies that an HOV violation has occurred and is based upon a personal inspection of a video recording, photograph, or other electronic data produced by an HOV monitoring system, as defined in this Section, is prima facie evidence of the facts contained in the certificate.

            (5) Notwithstanding any other provision of law to the contrary, a video recording, photograph, or other electronic data prepared for enforcement of HOV lane requirements shall be exclusively for the use of the department and the office of motor vehicles in the discharge of their duties under this Section.

            K. The department shall from time to time designate one or more violation clerks and agents to perform the functions specified in this Section at the discretion of the department and for such time as shall be necessary. The department shall supervise and coordinate the processing of an HOV violation notice in accordance with this Section. The department may hire or designate such personnel and organize such sections as the department may deem necessary, or contract for such services, in order to carry out the provisions of this Section. Hearing agents and violation clerks shall have the authority to waive late fees, in whole or in part, in accordance with standards established by the department.

            L. The provisions of this Section are intended to supplement the laws governing motor vehicles and traffic regulation appearing in Title 32 of the Louisiana Revised Statutes of 1950, and nothing contained in this Section shall be construed as precluding any police officer from enforcing these laws within a designated HOV lane. It shall be a defense to enforcement by the department pursuant to this Section that the registered owner of the motor vehicle received a citation from a law enforcement officer for the same conduct that resulted in an HOV violation.

            Acts 2021, No. 357, §2, eff. June 14, 2021; Acts 2023, No. 321, §1, eff. June 12, 2023.