A. Except as provided in sections 28-2416 and 28-2416.01 and subsection B of this section, a person shall not drive a vehicle carrying fewer than two persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two or more persons, including the driver.

Terms Used In Arizona Laws 28-737

  • Authorized emergency vehicle: means any of the following:

    (a) A fire department vehicle. See Arizona Laws 28-101

  • Contract: A legal written agreement that becomes binding when signed.
  • Drive: means to operate or be in actual physical control of a motor vehicle. 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
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped. See Arizona Laws 28-101
  • Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • Truck: means a motor vehicle that is designed, used or maintained primarily for the transportation of property. See Arizona Laws 28-601

B. Subsection A does not apply to any of the following:

1. During the performance of a tow truck operator‘s duties, a tow truck operator driving a tow truck.

2. A person driving a motorcycle.

3. A person driving a public transportation vehicle.

4. An authorized emergency vehicle as defined in section 28-101 that is in use by a first responder in the line of duty.

C. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.

D. Notwithstanding section 28-1554, one hundred dollars of each civil penalty collected pursuant to subsection C of this section shall be deposited in the state general fund.

E. For the purposes of this section, "public transportation vehicle" means any vehicle that provides a public entity’s public transportation service and either:

1. Is owned or operated by the public entity.

2. Is operated under a contract with the public entity.

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