28-2416

28-2416. Alternative fuel vehicle special
plates; stickers; use of high occupancy vehicle lanes;
definition

A. A person who owns a motor vehicle that has either been converted or manufactured
to use an alternative fuel as the vehicle's exclusive fuel source and that is incapable
of operating on any other type of fuel and the alternative fuel was subject to the use
fuel tax imposed pursuant to chapter 16 of this title before April 1, 1997 shall apply
for alternative fuel vehicle special plates pursuant to this section.

B. The department shall issue alternative fuel vehicle special plates, or an
alternative fuel vehicle sticker as provided in subsection D of this section, to a person
who satisfies all of the following:

1. Owns a motor vehicle that is exclusively powered by an alternative fuel and that
is incapable of operating on any other type of fuel.

2. Provides proof as follows:

(a) For an original equipment manufactured alternative fuel vehicle, the dealer who
sells the motor vehicle shall provide to the department of transportation and the owner
of the motor vehicle a certificate indicating:

(i) That the motor vehicle is exclusively powered by an alternative fuel and is
incapable of operating on any other type of fuel.

(ii) The emission classification of the motor vehicle as low, inherently low,
ultralow or zero.

(b) For a converted motor vehicle or a motor vehicle that is assembled by the
owner, the department of environmental quality or an agent of the department of
environmental quality shall provide a certificate to the department of transportation and
the owner of the motor vehicle indicating that the motor vehicle is exclusively powered
by an alternative fuel and is incapable of operating on any other type of fuel.

3. Pays an eight dollar special plate administration fee, except that vehicles that
are registered pursuant to section 28-2511 are exempt from that fee. The department shall
deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in
the state highway fund established by section 28-6991.

C. The color and design of the alternative fuel vehicle special plates are subject
to the approval of the department of commerce energy office. The director may allow a
request for alternative fuel vehicle special plates to be combined with a request for
personalized special plates. If the director allows such a combination, the request shall
be in a form prescribed by the director and is subject to the fees for the personalized
special plates in addition to the fees required for alternative fuel vehicle special
plates. Alternative fuel vehicle special plates are not transferable, except that if the
director allows alternative fuel vehicle special plates to be personalized a person who
is issued personalized alternative fuel vehicle special plates may transfer those plates
to another alternative fuel vehicle for which the person is the registered owner or
lessee.

D. If a motor vehicle qualifies pursuant to this section and any other special
plates are issued pursuant to article 7, 8 or 13 of this chapter or section 28-2514 for
the motor vehicle, the department may issue an alternative fuel vehicle sticker to the
person who owns the motor vehicle. The alternative fuel vehicle sticker shall be
diamond-shaped, shall indicate the type of alternative fuel used by the vehicle and shall
be placed on the motor vehicle as prescribed by the department.

E. Except as provided in section 28-337, a person may drive a motor vehicle with
alternative fuel vehicle special plates or an alternative fuel vehicle sticker in high
occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.

F. A person shall not drive a motor vehicle in a high occupancy vehicle lane with
an alternative fuel vehicle sticker if the motor vehicle is not an alternative fuel
vehicle for which an alternative fuel vehicle sticker has been issued pursuant to this
section. A person who violates this subsection is subject to a civil penalty of three
hundred fifty dollars. Notwithstanding section 28-1554, the civil penalty collected
pursuant to this subsection shall be deposited in the state general fund.

G. For the purposes of section 28-337, the department shall:

1. Limit or suspend the issuance of alternative fuel vehicle special plates.

2. Remove the privilege of operating in the high occupancy vehicle lane with a
single occupant, including the driver.

H. If the department publishes maps of the state highway system that are
distributed to the general public, the department shall indicate on those maps the
approximate location of alternative fuel delivery facilities that are open to the public.

I. For the purposes of this section, "alternative fuel" has the same meaning
prescribed in section 1-215.