Why do children count as passengers in the HOV lane?
The primary enabling legislation for HOV lanes is the Revised Code of Washington (RCW) 46.61.165 and RCW 47.52.025. These RCWs define carpools as “private motor vehicles carrying no fewer [or not less] than a specified number of passengers.” Washington Administrative Code 468-510-010 further defines carpools as “private motor vehicles with the number of occupants specified on signs.” WSDOT has specified the number of passengers or occupants by posting signs along HOV lanes on the freeways. HOVs may therefore include passengers who are not licensed drivers. This includes senior citizens, people with disabilities, and children as well as other people who do not, or can not, obtain a drivers license. It does not include animals. The words “passengers” and “occupants” were purposely chosen to ensure enforceability by the Washington State Patrol. It can already be challenging to accurately determine how many occupants are in a vehicle. It would be much more difficult and expensive for State
