Depends on your state/local laws.
In Virginia the DOT lists the following
High Occupancy Vehicle (HOV) Lanes
SmartCars are not hybrids, so they do not qualify for clean fuel plates.
I have a two-seater vehicle. Can I use the HOV-3 lanes?
No. To use the HOV-3 lanes, you must have three people in your vehicle.
In Virginia the DOT lists the following
High Occupancy Vehicle (HOV) Lanes
SmartCars are not hybrids, so they do not qualify for clean fuel plates.
I have a two-seater vehicle. Can I use the HOV-3 lanes?
No. To use the HOV-3 lanes, you must have three people in your vehicle.