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.
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