§291C-223  Summons or citation for illegal use of high occupancy vehicle lane.  Whenever any motor vehicle is observed operating in a high occu­pancy vehicle lane without the prescribed number of passengers, the officer observ­ing the vehicle shall:

     (1)  Cause a summons or citation as described in section 291C-165 to be issued at the scene of the violation to the operator of the vehicle; or

     (2)  Make every reasonable effort to be seen by the operator of the vehicle and record evidence of the violation by taking any information displayed on the vehicle that may identify its registered owner and cause a summons or citation as described in section 291C-165 to be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, to the registered owner of the vehicle at the address on record at the vehicle licensing division.  If the end of the forty-eight hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday.  Upon receipt, the registered owner shall be given fourteen days to respond to the summons or citation by:

          (A)  Paying a fine by mail; or

          (B)  Requesting that a hearing be set on the matter.

          A mail receipt signed by the registered owner is prima facie evidence of notification. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2000, c 240, §5; am L 2002, c 58, §2]

 

 

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