R926. Transportation, Program Development.R926-11. Clean Fuel Vehicle Decal Program.
R926-11-1. Purpose and Authority.
(1) As authorized in Sections 41-6a-702 and 72-6-121 this rule establishes procedures for regulating access to high occupancy vehicle lanes by vehicles with a clean fuel vehicle decal regardless of the number of occupants.
(2) 23 U.S.C Subsection 166(b) authorizes states to allow the use of high-occupancy vehicle (HOV) lanes by inherently low emission and energy efficient vehicles (LEEV) and alternative fuel vehicles with only a single occupant. 23 U.S.C Subsection 166(d) requires a state to limit or discontinue the use of these single-occupant vehicles if the presence of such vehicles has degraded the operation of the HOV facility.
R926-11-2. Definitions.
(1) "Clean vehicle" means a vehicle operating solely on an alcohol-based fuel; natural gas; liquefied petroleum gas; solar energy; biofuels; or electricity; including a vehicle that is propelled to a significant extent by and electric motor or both an electric motor and an internal combustion engine.
(2) "Clean Vehicle Pass" means a clean vehicle radio frequency identification transponder issued by the department.
(3) "Clean Vehicle Sticker" means a clean vehicle sticker issued by the department.
(4) "Clean Vehicle Permit" means a permit issued by the department to the owner of a clean vehicle.
(5) "Department" means the Utah Department of Transportation.
(6) "HOV" means a highway lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a-702.
R926-11-3. Permitting of Eligible Vehicles.
(1) Owners of an eligible alternative fuel vehicle registered in the state shall qualify for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit upon application to the Department under permitting processes and payment of a fee defined under this rule.
(2) The owner of a vehicle issued a Clean Vehicle Pass, Clean Vehicle Sticker, and a Clean Vehicle Permit is prohibited from placing the Clean Vehicle Pass, and Clean Vehicle Sticker on any vehicle other than the vehicle for which the Department has issued a Clean Vehicle Pass, Clean Vehicle Sticker and Clean Vehicle Permit. Posting a Clean Vehicle Pass and Clean Vehicle Sticker on a vehicle other than the vehicle for which the Department has issued a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit will render the vehicle owner ineligible to participate in the Clean Fuel Vehicle Program.
(3) The owner of a vehicle issued a Clean Vehicle Pass and Clean Vehicle Sticker must have in the person's immediate possession the Clean Vehicle Permit issued by the Department for that vehicle.
(4) The Clean Vehicle Pass must be placed on the windshield of the vehicle, according to the requirements of Section 41-6a-1635. The Clean Vehicle Pass must be mounted directly to the windshield and cannot be mounted with tape or any other device.
(5) The Clean Vehicle Sticker must be placed on the rear of the vehicle in the upright position. The Clean Vehicle Sticker must be placed using the sticker's adhesive backing and may not be affixed with tape or any other device.
(6) The Department shall maintain and publish a listing online of each alternative fuel vehicle makes and models eligible for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit.
(7) The Department will charge a fee for the issuance of a Clean Vehicle Pass, Clean Vehicle Sticker and Clean Vehicle Permit. The amount of the fee will be posted on the application in the amount established by the Department in accordance with Section 63J-1-504.
(8) The Department may restrict use of the HOV facility by single-occupant vehicles with Clean Vehicle Passes, Clean Vehicle Stickers and Clean Vehicle Permits if the operation of the facility becomes degraded. For the purposes of this rule, an HOV facility is considered degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed of 45 miles per hour 90% of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods or both.
R926-11-4. Issuance of Clean Vehicle Passes, Clean Vehicle Stickers and Clean Vehicle Permits.
(1) Except as set forth in subsection (2), the Department may not issue more than 6,000 Clean Vehicle Permits and their associated Clean Vehicle Passes and Clean Vehicle Stickers.
(2) Not more frequently than once a year, the Department may evaluate the operation of the HOV facility and determine whether the facility will continue to operate at an acceptable level of service. For the purposes of this rule, an HOV facility is considered to be operating at an acceptable level of service if vehicles operating on the facility are maintaining a minimum average operating speed of 45 miles per hour 90% of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods (or both). Based on that evaluation and if the Department determines that additional single-occupant vehicles with a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit may operate in the HOV lane without compromising operation of the facility, the Department may increase the number of Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits issued beyond the minimum set forth in subsection R926-11-4(1) and shall issue the appropriate number of Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits to eligible applicants as set forth under subsection R926-11-4(5).
(3) Vehicle owners with an eligible alternative fuel vehicle as defined by this rule must submit an application to the Department for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit. The application, approved and issued by the Department, shall contain the vehicle owner's name, the license plate number, the vehicle identification number, and the alternative fuel vehicle make and year model as a condition for obtaining a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit.
