[§291C-221.5]  High occupancy vehicle lanes;

emergencies.  (a)  Notwithstanding any law to the contrary, when a roadway

includes one or more lanes for traffic moving in the same direction that

include a high occupancy vehicle lane or zipper lane, and at least one lane

other than a high occupancy vehicle lane or zipper lane is closed by law

enforcement officers or emergency services personnel because of a traffic

incident or accident, any motor vehicle, regardless of the number of persons

carried, that can safely enter the high occupancy vehicle lane or zipper lane

shall, subject to subsection (b), be allowed to use the high occupancy vehicle

lane or zipper lane.

     (b)  For the purposes of subsection (a), the

director of transportation shall have the authority to declare an emergency to

open the use of high occupancy vehicle lanes and zipper lanes to all motor

vehicles regardless of the number of persons carried.

     (c)  For the purposes of this section:

     "Accident" means an unplanned event

involving a motor vehicle, resulting in damage to one or more motor vehicles,

property damage, or personal injury.

     "Incident" includes any accident or

issue that disrupts the flow of traffic. [L 2009, c 82, §2]