PolicyBrief
H.R. 5321
119th CongressSep 11th 2025
To amend title 23, United States Code, with respect to the special rule for low emission and energy efficient vehicles facilities, and for other purposes.
IN COMMITTEE

This bill extends the special rule allowing low emission and energy efficient vehicles access to HOV lanes until the end of 2026 and mandates a study on the effectiveness of this provision.

Nicolas LaLota
R

Nicolas LaLota

Representative

NY-1

LEGISLATION

EVs Keep HOV Lane Access Until 2027 Under New Bill, Mandating Federal Congestion Study

If you drive an electric vehicle (EV) and rely on the carpool lane to shave a few minutes off your commute, this bill is a small win for your schedule. It extends the current federal rule that lets single-occupancy EVs use High Occupancy Vehicle (HOV) lanes, pushing the expiration date from September 30, 2025, to December 31, 2026. Essentially, the popular perk that makes an EV purchase more appealing—the ability to bypass traffic jams solo—is getting an extra 15 months of life.

The EV Express Lane Extension

This extension (Section 1) is important because it locks in a known incentive for consumers considering the switch to electric. For the busy professional or trade worker commuting alone, that HOV access translates directly into saved time and less stress, which is a powerful motivator. However, this extension also maintains a policy that some traditional HOV users—like two or three people sharing a ride—might see as crowding their lane.

Traffic Study: Is the Perk Working?

Crucially, the bill doesn't just kick the can down the road; it requires the Secretary of Transportation to conduct a study on the effectiveness of this EV HOV lane access. The goal is to figure out whether letting EVs use these lanes actually helps reduce traffic congestion overall, or if it just moves the jam into the HOV lane. The government has 180 days after the bill becomes law to complete this study and report back to Congress.

The Real-World Trade-Off

This is where the rubber meets the road for everyday commuters. On one hand, the bill benefits EV owners—and the EV market—by keeping a significant financial and time-saving incentive in place for another year. If you bought an EV partly for this reason, your investment is safe for now. On the other hand, traditional carpoolers, who follow the standard two-or-more-passenger rule, might feel the pinch. If the study ultimately finds that adding thousands of single-occupant EVs is slowing down the HOV lanes, then the policy is creating a faster lane for some by making the carpool lane less efficient for others. The study is a necessary check to ensure this policy is actually meeting its goal of reducing congestion, not just acting as a subsidy for EV drivers at the expense of genuine carpoolers.