A. In accordance with 23 United States Code § 166, the department shall develop procedures to monitor the impact that single occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the operation of the high occupancy vehicle lanes.

Terms Used In Arizona Laws 28-337

  • Alternative fuel: means :

    (a) Electricity. See Arizona Laws 1-215

  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Public transit: means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare-paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis. See Arizona Laws 28-101
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. If a high occupancy vehicle lane becomes degraded due to the authorization of single occupancy vehicles authorized under sections 28-2416 and 28-2416.01, use of the lane is restricted to the following vehicles in the following priority:

1. Passenger vehicles with two or more occupants, including the driver.

2. Public transit buses.

3. Buses with two or more occupants, including the driver.

4. Motorcycles.

5. Alternative fuel vehicles.

6. Low emission and energy efficient vehicles.

C. The department shall limit use to vehicles in the priority order prescribed in subsection B of this section and shall maintain those restrictions while the lane or portion of the lane remains degraded.

D. For the purposes of this section, a high occupancy vehicle lane is degraded if vehicles operating on the facility, or portions of the facility, are failing to maintain a speed of forty-five miles per hour or greater ninety per cent of the time over a consecutive one hundred eighty day period during morning and evening weekday peak hour periods.