Question: I get a lot of dirty looks when I'm in the HOV lane with my young child in the back seat. I'm sure he counts, doesn't he?!? I've tried asking various authoritative bodies, but no one seems to know for sure.
Short of stopping at an HOV check in progress to ask the officers on duty, I don't know who to ask.
Do you know if there is any age restriction on the definition of a passenger for HOV purposes?
HOV Lane Age Restrictions
There are no age restrictions for passengers in a vehicle using an HOV lane. As long as they are human beings, and now that you've got me thinking about it, I wonder about a hearse and a body in a casket!
Of course, what is important is the number of live passengers in the vehicle and not how old they are.
The Rules in BC
The rules for the use of these lanes are found in Division 42 of the Motor Vehicle Act Regulations.
Definition of High Occupancy Vehicle
"high occupancy vehicle" means
(b) a vehicle under 5 500 kg GVW that is carrying at least the minimum number of persons specified by the applicable traffic control device;
Definition of Person
Person is not defined in the Offence Act, Motor Vehicle Act or the Motor Vehicle Act Regulations, so the dictionary definition of the word will be accepted in traffic court. A young child is a person so you are good to go.
Pregnant Women
Under Canadian law, one does not become a person until they are born live according to Section 223 of the Criminal Code. This would prevent a pregnant woman from counting as two persons for the purposes of high occupancy vehicle lane requirements.
Learn More
Share This Article
- Log in to post comments