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Is driving in the HOV lane a moving violation?

I noticed that I got demerit points recently after getting a ticket for driving in the HOV lane. Is it a moving violation to drive in the HOV lane without passengers?

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Matt Nightingale · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Yes—driving in the High Occupancy Vehicle lane without any passengers is considered a moving violation. These types of violations often come with fines and add points to your driving record if you live in a state that governs its driver’s licenses with a demerit point system.
It is a common misconception that moving violations pertain to dangerous driving behaviors like speeding or failure to yield, and non-moving violations pertain to smaller, non-dangerous violations like parking violations. Violations are actually determined by who is liable for the cost of the ticket—either the driver or the owner of the vehicle.
In addition to fines and demerit points, moving violations can have a negative effect on your
car insurance
rates, so if you want to keep your car insurance costs low, we’d suggest not driving in the HOV lane without passengers.
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