§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; am L 2000, c

240, §5; am L 2002, c 58, §2]