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REFERENCE TITLE: HOV lane; pregnant drivers |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2417 |
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Introduced by Representatives Gress: Martinez
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An Act
amending section 28-737, Arizona Revised Statutes; relating to vehicle operation.
(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:
28-737. High occupancy vehicle lanes; civil penalty; definition
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. FOR THE PURPOSES OF THIS subSECTION, A PREGNANT woman QUALIFIES AS TWO PERSONS AND SHALL NOT BE CITED FOR A VIOLATION OF THIS SECTION IF THE PREGNANT woman OR THE PREGNANT woman'S HEALTH CARE PROFESSIONAL SUBMITS DOCUMENTATION TO THE DEPARTMENT CONFIRMING THE PREGNANCY.
B. Subsection A of this section 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 $200.
D. Notwithstanding section 28-1554, one hundred dollars $100 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.