House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HOUSE BILL 2092

 

 

 

AN ACT

 

amending section 28‑737, Arizona Revised Statutes; relating to high occupancy vehicle lanes.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 28-737, Arizona Revised Statutes, is amended to read:

START_STATUTE28-737.  High occupancy vehicle lanes; civil penalty; definition

A.  Except as provided in sections 28‑2416 and 28‑2416.01 and subsections subsection B, C and D 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.

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 may drive driving a tow truck in a high occupancy vehicle lane, regardless of occupancy level, without penalty.

C.  2.  A person may drive driving a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

D.  3.  A person may drive driving a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

4.  An on-duty police officer driving a police vehicle that is clearly marked as a police vehicle.

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

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

G.  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. END_STATUTE