Pub. L. 105-178, tit. I, subtit. B, sec. 1209
USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES. Section 102(a) of title 23, United States Code, is amended— (1) by striking “A State” and inserting the following: “(1) In general.— A State” ; (2) by adding at the end the following: “(2) Exception for inherently low-emission vehicles.— Notwithstanding paragraph (1), before September 30, 2003, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle is certified as an Inherently Low-Emission Vehicle pursuant to title 40, Code of Federal Regulations, and is labeled in accordance with, section 88.312–93(c) of such title. Such permission may be revoked by the State should the State determine it necessary.” ; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection).