R926-11-4. Issuance of C Decals and C Permits

  (1) Except as set forth in subsection (2), the Department may not issue more than 6,000 C Permits and their associated C Decals and C Stickers.

  (2) Not more frequently than once a year, the Department may evaluate the operation of the HOV facility and determine whether the facility will continue to operate at an acceptable level of service. For the purposes of this rule, an HOV facility is considered to be operating at an acceptable level of service if vehicles operating on the facility are maintaining a minimum average operating speed of 55 miles per hour 90 percent of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods (or both). Based on that evaluation and if the Department determines that additional single-occupant vehicles with a C Decal may operate in the HOV lane without compromising operation of the facility, the Department may increase the number of clean fuel decals issued beyond the minimum set forth in subsection R926-11-4(1) and shall issue the appropriate number of C Decals to eligible applicants as set forth under subsection R926-11-4(5).

  (3) Vehicle owners with an eligible ILEV or Hybrid vehicle as defined by this rule must submit an application to the Department for a C Decal, C Sticker and C Permit. The application, approved and issued by the Department, shall contain the vehicle owner's name, the license plate number, the vehicle identification number, and the ILEV or Hybrid vehicle make and year model as a condition for obtaining a C Decal, C Sticker and C Permit.

  (4) A vehicle owner must pay the fee for the issuance of a C Decal, C Sticker, and C Permit within 30 days of the application being approved. If the owner does not pay the fee within 30 days, the application will be closed. After the application is closed, a vehicle owner must submit a new application for a C Decal, C Sticker, and C Permit.

  (5) If more applications for C Decals, C Stickers, and C Permits are received than the total number the Department may issue at any one time, C Decals, C Stickers, and C permits will be offered to applicants in the order that applications are approved as C Decals become available. The number of available C Decals will be published on the C Decal website.