June 7, 2004

Legislating From the Squad Car

We've all heard about "activist judges" who legislate from the bench. , apparently, some city police are now legislating from inside their squad cars. In a letter to the editor in today's Nashville City Paper, a a reader/writer named Kenneth Joyner reports that his wife was ticketed for driving in the high-occupancy-vehicle lane even though she had the required two people in the car.

Here's an excerpt of his letter:

My wife was stopped by a Metro police officer for an HOV lane violation but she was not alone in the van. In fact, my 4-year-old daughter was with her and, yes, she was strapped into her child restraint seat.

My wife was issued a ticket anyway and told by this officer that my daughter didn't qualify as a legal passenger under the HOV lane law because she is not an adult on her way to work. There is a law on the books regarding the proper restraint of a child in a vehicle, so I know the state recognizes them as passengers. I have a copy of "Tennessee law: 55-8-188. High occupancy vehicles-lanes" in front of me and it nowhere mentions the age restriction or destination stipulation.

I have been stopped twice while driving in the HOV lane on I-65 south of downtown Nashville with one of my children in the car. Once, with my daughter, then age 3, and the other time with my son, an infant. Both times, the state trooper who stopped me let me go after seeing the child - which he couldn't see from inside his car. The law is clear - the HOV lane is for vehicles with two or more people, period, not just for people carpooling to or from work.

Tennessee Code 55-8-188 says:

"High occupancy vehicle" means a public transportation vehicle; privately owned bus; motorcycle; private passenger motor vehicle (including vans and pick-up trucks) carrying not less than two (2) passengers, or more as determined by the commissioner of transportation."

UPDATE: The Nashville area has something called the "Regional Transportation Authority," which encourages carpooling, provides commuter shuttle services and is pushing mass transit proposals. The RTA's website explains that the HOV lanes are for any vehicle with two or more people in it, saying, "For HOV purposes, a passenger is any human being in addition to the driver. A spouse or child qualifies just like any other passenger."