High occupancy vehicle (HOV) lanes, known to many as “carpool lanes,” were introduced to minimize traffic congestion and reduce overall fuel consumption during the oil crisis of the 1970s. However, they’ve since become vectors for the government to promote certain fuels and automotive technologies. This has resulted in all-electric vehicles being given special privileges in certain parts of the United States. But the Environmental Protection Agency (EPA) has had a change of heart and no longer wants to see lone EV drivers in the carpool lane.
The EPA confirmed earlier this year that it doesn’t have any plans to renew the existing Clean Air Vehicle Decal exceptions that allow EV drivers to utilize HOV/carpool lanes without the requisite number of passengers. The decision (or lack thereof) was apparently made months ago. But it wasn’t until recently that the situation was covered by CBS News and Road & Track — bringing it to our attention.
Programs are scheduled to expire at the end of September. As the state offering the most perks to EV owners, California will undoubtedly see the biggest changes. Specialized decals will still be reportedly offered by the Department of Motor Vehicles (DMV) for the rest of this month. However, they won’t do much for EV drivers on October 1st, when they’ll be subject to the same laws as everyone else using HOV lanes.
If you’re wondering how EVs were provided exceptions to begin with, The Department of Energy has a convenient rundown on its website:
HOV lanes for passenger vehicles were developed as early as the 1970s to manage roadways and reduce fuel consumption by providing a dedicated lane for carpoolers to bypass commuting congestion. Several federal programs paved the way for states to implement HOV lanes. The Federal Highway Administration (FHWA) allowed state transportation agencies to spend federal funds on HOV lanes beginning in the 1970s, although it was not until a 1990 policy statement that FHWA began to encourage HOV lane development. The 1990 Clean Air Act Amendments authorized the U.S. Environmental Protection Agency (EPA) to restrict FHWA HOV lane funds to those states federally mandated to reduce air pollution and allowed these states to include HOV lanes in their state implementation plans. In 1991, the Intermodal Surface Transportation Act allowed these states to use Congestion, Mitigation and Air Quality (CMAQ) funds to develop new HOV lanes at the full federal cost-match ratio for highway infrastructure.
Additional legislation has addressed HOV lanes. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Act (SAFETEA-LU), enacted in 2005, allowed EPA to define single occupant low emission and energy-efficient vehicles permitted to use HOV lanes. The Moving Ahead for Progress in the 21st Century Act (MAP-21) replaced SAFETEA-LU in 2012 and extended relevant provisions, until being replaced by the Fixing America’s Surface Transportation Act (FAST Act) in 2015. The FAST Act extended the ability for public authorities to offer HOV access for low emission and energy-efficient vehicles, such as HEVs, through 2019, if the vehicles pay a toll. AFVs and plug-in electric vehicles (PEVs) may continue to be granted free or discounted access to HOV lanes through 2025. The specific vehicle models states choose to exempt has been informed by vehicle purchase trends and technology advancements to prevent significant HOV lane congestion.
Around 20 states are anticipated to be impacted by the changes, most of which typically model their driving laws after California. Governor Gavin Newsom signed a proposed extension to the relevant programs in California through January of 2027. But it would require federal approvals, as would any similar actions taken by the other states.
It’s worth noting that this follows a push from the current EPA to eliminate California’s fuel waivers that effectively allowed it to mandate the sale of zero-emission vehicles by 2035. Established by California Air Resources Board (CARB) regulations under exceptions made in the federal Clean Air Act, California had hoped to restrict the sale of combustion vehicles and had over a dozen other states vowing to do the same.
This is something the Trump administration attempted during its first term and was stymied by a barrage of lawsuits. But the White House seems to be having better luck this time around and is seeing stronger support from congress and automakers as EV sales growth continues to decline within the United States.
“Clean Air Vehicle Decals are a smart, cost-effective incentive that has played an important role driving the adoption of clean and zero-emission vehicles in California,” stated Liane Randolph, chair of the California Air Resources Board. “But thanks to the federal government’s failure to act, this successful program is coming to an end.”
However, this failure to act was an intentional decision to limit the West Coast’s influence. California had effectively been driving U.S. vehicle policy for years by creating regulations more stringent than the already stiff federal emission rules. Electrification continues to be a political football kicked around by the opposing sides.
[Images: Michael Vi/Shutterstock; Kevin McGovern/Shutterstock]
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