28-2416.01. Low emission and energy efficient vehicle special plates; use of high occupancy vehicle lanes; civil penalty
A. Except as provided in section 28-337 and if the department receives approval from the federal government as prescribed in subsection D of this section, a person who owns a motor vehicle that is a low emission and energy efficient vehicle as defined in section 28-601 may apply for a low emission and energy efficient vehicle special plate pursuant to this section. The low emission and energy efficient vehicle special plate shall be designed by the director.
B. A person who applies for a low emission and energy efficient vehicle special plate shall pay an eight dollar plate administration fee, except that vehicles that are registered pursuant to section 28-2511 are exempt from that fee. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991.
C. The director may allow a request for a low emission and energy efficient vehicle special plate to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for low emission and energy efficient vehicle special plates. Low emission and energy efficient vehicle special plates may be transferred to another low emission and energy efficient vehicle for which the person is the registered owner or lessee.
D. Except as provided in section 28-337 and if the department receives approval from the federal government allowing the use of high occupancy vehicle lanes by low emission and energy efficient vehicles, as defined in section 28-601, that achieve not less than a fifty per cent increase in city fuel economy or not less than a twenty-five per cent increase in combined city-highway fuel economy in accordance with 23 United States Code section 166, a person may drive a motor vehicle with a low emission and energy efficient vehicle special plate in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.
E. A person shall not drive a motor vehicle in a high occupancy vehicle lane with a low emission and energy efficient vehicle special plate if the motor vehicle is not a low emission and energy efficient vehicle for which a low emission and energy efficient vehicle special plate has been issued pursuant to this section. A person who violates this subsection is subject to a civil penalty of three hundred fifty dollars. Notwithstanding section 28-1554, the civil penalty collected pursuant to this subsection shall be deposited in the state general fund.
F. For the purposes of section 28-337, the department shall:
1. Limit or suspend the issuance of low emission and energy efficient vehicle special plates.
2. Remove the privilege of operating in the high occupancy vehicle lane with a single occupant, including the driver.
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