Officials with the Montgomery County sheriff’s office and the Texas Department of Transportation both said the entities have witnessed drivers violating the rules for the north- and southbound I-45 high occupancy vehicle lanes since they opened in late October.

The HOV lanes, which stretch 17.6 miles between FM 1960 in north Harris County and South Loop 336 in Conroe, are nonbarricaded and free to commuters 24/7. Due to the ease of accessing them, many commuters use the HOV lanes without regard for the rules associated with them, according to officials with the MCSO, which patrols the lanes on a daily basis by running in-car radar.

“The HOV [lanes] have helped the flow of traffic through Montgomery County during peak traffic times,” MCSO spokesperson Scott Spencer said. “However, there have been a few reported issues with violators cutting in and out of the HOV lanes in prohibited areas.”

Some of the rules related to using the HOV lanes include having a vehicle with at least two occupants, entering and exiting the HOV lanes by crossing the dotted white line, not crossing the double white line, and following the rules of the road, including the set speed limits.

Vehicles permitted to use the HOV lanes include passenger cars, pickup trucks, vans and buses with two or more occupants. Motorcycles and emergency vehicles responding to a service call are also allowed to use the HOV lane, regardless of occupancy count. Vehicles prohibited from using the HOV lane include trucks with more than two axles, trucks having a gross weight capacity of 5 tons or more and vehicles towing trailers.

Lt. Spencer said penalties for HOV violations are considered a Class C misdemeanor, and fines vary as they are set through the justice of the peace courts.

Despite the issues law enforcement officials have experienced since the I-45 HOV lanes opened, TxDOT spokesperson Deidrea George said there are no plans at this time to barricade the lanes, add a fee to use the lanes or to extend the lanes beyond their current limits.

Spencer said education and collaboration are the keys to enhancing HOV lane safety and curtailing the prevalence of violations committed by HOV lane              commuters.

“The Montgomery County sheriff’s office will continue to actively patrol and enforce violations in the HOV lane, while seeking to educate our deputies, officers from adjoining agencies and our public [on] the rules of proper HOV lane use,” Spencer said.