Hybrids in the carpool lane now follow the same rules as every other passenger car: the vehicle needs the posted number of occupants, or the driver gets a ticket. The federal program that let qualifying hybrids, plug-in hybrids, and electric vehicles use HOV lanes with just the driver expired on September 30, 2025, and Congress has not renewed it. Any Clean Air Vehicle decal issued under that program stopped carrying legal weight on October 1, 2025.
What Expired on October 1, 2025
Single-occupant access for clean air vehicles came from Section 166 of Title 23 of the U.S. Code. Subsection (b)(5)(A) let states exempt alternative fuel vehicles and certain plug-in electric vehicles from HOV occupancy requirements, but only “before September 30, 2025.”1Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities That date passed without a reauthorization.
The sunset wasn’t new. Congress had extended the provision several times through successive highway bills, each time pushing the expiration a few years out. This time no bill followed, and every state decal program lost its federal foundation at once. A sticker that was valid on September 30 was meaningless on October 1.
Do Old Clean Air Vehicle Decals Still Count?
No. Decals issued under the expired program no longer grant HOV access, even if the printed expiration date on the sticker hasn’t been reached. The federal authorization was the legal basis for every state program, and without it, no state can exempt a solo hybrid or EV driver from the posted occupancy rule.1Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities
You can leave an old decal on the car. It just doesn’t do anything.
Penalties for Driving Solo
Fines vary by state. First-offense penalties generally start around $150 and run past $400 in some jurisdictions, before court fees and surcharges. Repeat violations climb from there, and some states add points to the driver’s license. Officers look at how many people are in the car, not what’s under the hood, so a hybrid badge doesn’t change the stop or the ticket.
Who Can Still Use Carpool Lanes Alone
The expiration ended the clean air vehicle exemption. The other exemptions in 23 USC ยง166 are still in force:
- Motorcycles, unless the state has obtained a safety-based exemption approved by the U.S. Secretary of Transportation.1Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities
- Public transit buses, including when running empty between stops.2Federal Highway Administration. Federal-Aid Highway Program Guidance on High Occupancy Vehicle (HOV) Lanes – Glossary
- Bicycles, where permitted on the roadway.1Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities
For a hybrid or EV driver, the only remaining way into an HOV lane during restricted hours is to carry a passenger and meet the posted “2+” or “3+” minimum.
Express Lanes as a Paid Option
Some corridors have converted HOV lanes to high-occupancy toll (HOT) or express lanes, where a solo driver can pay to enter. Those lanes are still open to anyone willing to pay, and the toll typically rises with congestion. Clean air decal discounts that some toll authorities offered before October 2025 ended with the federal program. A few facilities may run their own green vehicle incentives on tolled roads, but those are local decisions and don’t substitute for HOV access. Check with the toll authority on your route.
Will the Program Come Back?
Congress could restore single-occupant access in a future highway bill. The provision had been renewed before, and reauthorizations of this kind usually ride along with broader transportation legislation. As of 2026, nothing pending has brought it back, and no timeline has been set.1Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities If it does return, expect a new decal or registration process rather than a revival of expired stickers, and watch your state department of transportation for implementation details before counting on access.