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ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

FACT SHEET FOR S.B. 1161

HOV lanes; motorcycles; buses

Purpose

            Conforms state law regarding the use of motorcycles and public transit vehicles in high occupancy vehicle (HOV) lanes to federal law.

Background

HOV lanes are intended to maximize the person-carrying capacity of the roadway. In general, the definition of an HOV includes vanpools and carpools of two or more people. HOV lanes increase the total number of people moved through a congested corridor by offering two kinds of travel incentives: 1) travel time savings and 2) reliable and predictable travel time. This, in turn, can increase the capacity of the roadway by carrying more people in fewer vehicles.

Federal law requires a minimum of two passengers per vehicle and allows state transportation departments to establish additional occupancy requirements. By accepting federal-aid funding, states agree to manage, operate and maintain HOV lanes as they are approved. Arizona law mirrors federal law in that there is a two-occupant minimum during the hours in which the lane is restricted. Additionally, the Arizona Legislature enacted legislation in 1994 authorizing single occupant alternative fuel vehicles to use HOV lanes during the restricted period (Laws 1994, Chapter 353). Title 23, United States Code, Section 102 (a)(2) authorizes states to allow inherently low emission vehicles (ILEVs) to use the HOV lanes.  However, the Federal Highway Administration noted that to date no hybrid vehicles have been certified by the Environmental Protection Agency as meeting the emissions requirements established for ILEV classification.

Exceptions included under the federal law include motorcycles and public transportation vehicles, regardless of the number of passengers. Arizona law, however, is silent on motorcycle and public transit vehicle use of HOV lanes. Recently, a local law enforcement agency has cited single occupant vehicles authorized under federal law, but not under state law, for violating the double occupancy requirement.

There is no anticipated fiscal impact associated with this legislation.

Provisions

1. Allows a person to drive a motorcycle or public transportation vehicle in an HOV lane at any time regardless of the number of passengers, without penalty.

2. Defines “public transportation vehicle.”

3. Makes technical and conforming changes.

4. Becomes effective on the general effective date.

Prepared by Senate Research

January 19, 2007

DG/jas