With the minimum of two people in the car rule being implemented in one state as of October 1, many electric vehicles (EVs) won’t be driven unless a passenger is with the driver. For all solo drivers who love to drive on their own, this luxury won’t be permissible any longer in one state. However, as of October 1, less traffic congestion is said to be expected due to the legislation affecting EV drivers as well.
A new law is in place from the Department of Transportation
From the year 2005, the 23 U.S.C 166(b) (4) has always made it possible for low-emissions and electric vehicles to use HOV lanes, even if only one passenger was inside. This provision, however, expired on September 30, 2025, which led to Congress revisiting the federal allowance.
Occupancy requirement was reassessed, and as such, EV drivers are no longer allowed to bypass traffic in HOV lanes without a passenger being present. Since solo-driven EVs lead to congestion in lanes, the corrective measure would be to tighten control and allow fewer exceptions.
A hindrance to EV adoption and a reason for EV adoption
Bypassing traffic in HOV lanes was also a pull factor for solo EV drivers, especially in heavily congested urban areas. Eco-conscious drivers saved time and money and had their commute times halved entirely. However, one of the friendliest EV states won’t be so EV-friendly anymore.
Road efficiency needs to be maintained by local departments of transportation, but the adoption of cleaner vehicles that emit no fuel should also be encouraged.
With more solo drivers entering HOV lanes on the premises who have EVs, the problem seems to be all too clear. Regulatory correction, in this case, means that a decline in traffic flow and better lane performance is to be expected. As such, all HOV lanes will be restricted to vehicles that have two occupants at peak hours. However, this rule applies to all drivers, and not just EV drivers. The change is all the more devastating for EV drivers who would cruise past congested corridors. The idea is for EV drivers to resort to carpooling.
The doorway is still open considerably for EVs
With the state set to enforce the newer federal guidelines, the EV exemption rule will not be fully dismissed as yet. So EVs will still be allowed in HOV lanes; however, enforcement will be suspended unless the federal policy gets renewed.
The doorway remains open by the state just in case the state wishes to reinstate the benefit should federal law change. Members of Congress, such as Rep. Greg Stanton, have stated their support for renewing or extending the national exemption. According to advocacy groups, removing such a privilege for EV drivers will undermine the momentum of EVs for a while.
While the door for changes remainsajar, the rule advocates that one person in a car is not enough in this state. In another state, North Dakota seems to be prioritizing safety and keeping up with the latest driving trends above all else. It is becoming clearer why the up to 80 mph rule on these roads comes to the fore in North Dakota.
Which state is pushing forward the minimum of two people in a car rule?
The rule is not being enforced in North Dakota, California, or New York this time, but in Hawaii. The rule is far better than the massive ban on certain vehicles in New York. As of October 1, 2025, all EV drivers will be restricted in terms of using HOV lanes, unless the vehicle they are driving in has two commuters.
Soon, all solo drivers in the state will have to resort to driving with a company, as solo driving alternatives may prove to be more frustrating. As per the official statement from the Hawaii Department of Transportation, the state is looking towards ending the era of solo commuting for a while.
