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.

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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.