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?
ANSWER: 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!
HOV lane rules are found in Division 42 of the MVAR:
"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;
Person is not defined in either the MVA or the MVAR, 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.
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