(a) The department may allow motorcycles and low-emissions vehicles to use HOV lanes without meeting the minimum occupancy requirements of the facility.
(b) In determining whether to allow these vehicles to use an HOV lane or lanes without meeting the minimum occupancy requirements, the department will consider the ability of the HOV lane or lanes to absorb the additional traffic volume without suffering adverse operational impacts.
(c) The department may suspend or rescind this authorization if:
  (1) the department believes that the operation of the HOV lane or lanes has become, or is in danger of becoming, seriously degraded; or
  (2) the use of an HOV facility by these vehicles without meeting the minimum occupancy requirement would jeopardize or impair the state's ability to receive or use federal funds.

Source Note: The provisions of this §25.44 adopted to be effective May 20, 2004, 29 TexReg 4930