Scott en Aztl‡n
That is an interesting take on the HOV concept.
I think highway planners and environmental types and looking to maximize the flow of people on the roadway, in terms of people per hour (as opposed to what most people normally think of: vehicles per hour). They seek to do this by giving vehicles with more than one person inside (or more than 2 people in some cases) priority by allowing them to use the faster HOV lane. Its a much simpler concept than looking at intent, and should have, would have, could have arguments. Regardless of if the people drive together all the time (mother and toddler), or made effort and sacrificed personal convenience to ride together (carpool), they are still 2 people in one vehicle, and giving them priority would boost the persons per hour count on the freeway.
Also, enforcing a restriction such as only licensed drrivers being allowed to use the HOV lane would lead to an enforcement nightmare. But perhaps one day when the gummint makes us all wear transponders or carry ID's with RFID chips in them for "homeland security" purposes, then enforcement would become much easier...