Arizona may be ending EV access to the HOV lanes

I just got an email from the Arizona Department of Transportation that access may be ending this fall:

"This is a courtesy memo to customers who own a vehicle with an Alternative Fuel or Energy Efficient license plate. There is an impending federal change to High Occupancy Vehicle (HOV) lane exemptions. HOV lane usage by alternative fuel vehicles is regulated by 23 U.S.C. 166(b). This federal law was enacted in 2005 and includes an expiration date of September 30, 2025.

If Congress does not extend the exemption expiration date, your vehicle will no longer qualify you to use HOV lanes with less than two people in the vehicle.

You can find additional information about HOV lane usage and exemptions at https://azdot.gov/mvd/high-occupancy-vehicle-hov."

I have my doubts that anything favoring EVs will get Congressional approval and I have zero confidence that our legislature will do anything to continue it so our single occupant access may be ending at the end of September.

Same is true for California. I thought it was a state thing. I didn’t realize it was at the federal level.

i saw that email too. It will probably make traffic worse if it isn't renewed.

Not in the HOV lane.

I really wish they would prohibit commercial vehicles in the HOV lanes in AZ. They do in other areas. It makes zero sense for 18 wheelers to be in that lane, or landscaping trucks pulling their trailers.

If it's been a federal law all along, how did states like Washington decide to not allow EVs in their HOV lanes? I always thought such matters were decided at the state level. If WA can decide to ignore a federal mandate, then why can't a state like AZ decide to keep allowing EVs in the HOV lanes without a federal mandate?

...or will there be a new federal mandate allowing only Teslas in the HOV lanes? Oops. My bad.

At some point EV adoption will make it impossible to waive the occupancy requirements for EVs to use HOV lanes. AZ may not be there yet but CA might be.

Buffalo Bob said:

If it's been a federal law all along, how did states like Washington decide to not allow EVs in their HOV lanes? I always thought such matters were decided at the state level. If WA can decide to ignore a federal mandate, then why can't a state like AZ decide to keep allowing EVs in the HOV lanes without a federal mandate?

...or will there be a new federal mandate allowing only Teslas in the HOV lanes? Oops. My bad.

Click to expand...

Here is the language:

"(5) Low emission and energy-efficient vehicles.-

(A) Special rule.-Before September 30, 2025, if a public authority establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses (i) and (ii), the public authority may allow the use of the HOV facility by-

(i) alternative fuel vehicles; and

(ii) any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986."

So it was permissive for state and local governments to allow EVs, etc. in the HOV lanes if the government so chose but note the deadline in (A). So since the federal government helped fund the roads, it has banned the use of single occupant drivers in HOV lanes on those roads. Therefore the state legislature cannot allow it without further federal action.

As and aside, The Arizona legislative leadership HATES anything related to clear air. They even banned trains from being funded by a bond measure for transportation. They are too undereducated (or uneducable) to know that having folks take a train or bus frees up space on the roads. So even if it were legal, the chance of the Arizona legislature passing an exception for EVs is ZERO.