Electric vehicles in Arizona no longer get solo access to HOV lanes. The federal exemption that let alternative fuel vehicles bypass the two-occupant rule expired on September 30, 2025, and Congress did not renew it. Since October 1, 2025, every passenger vehicle in an HOV lane during restricted hours must carry at least two people, no matter what it runs on.1Arizona Department of Transportation. High Occupancy Vehicle (HOV) Lane Rule Changed
When the Two-Occupant Rule Applies
Arizona’s HOV restrictions run Monday through Friday during two windows: 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 7:00 p.m.2Arizona Department of Transportation. Federal Change Set for Oct. 1 Affects Electric Vehicle HOV Lane Access During those hours you need at least two people in the vehicle, including the driver. Outside those windows, and on weekends, the HOV lane is open to any driver.
So if you drive an EV, you can still use the lane solo in the middle of the day, late at night, or on a Saturday. The change only bites during the weekday commute windows.
What the Federal Exemption Was
Federal law at 23 U.S.C. Section 166 had let states exempt vehicles powered exclusively by electricity, hydrogen, natural gas, and other alternative fuels from HOV occupancy requirements.3Office of the Law Revision Counsel. 23 USC 166 – HOV Facilities Arizona built its alternative fuel vehicle plate and decal program on that authority. The federal provision carried a built-in expiration of September 30, 2025, and Congress let it lapse. ADOT has confirmed that AFV plate holders and Energy Efficient plate holders no longer qualify for solo HOV use during restricted times.1Arizona Department of Transportation. High Occupancy Vehicle (HOV) Lane Rule Changed
Who Can Still Use the HOV Lane Alone
A short list of vehicles remains exempt from the occupancy requirement during restricted hours:
- Motorcycles
- Public transit buses
- Tow trucks performing their duties
- Authorized emergency vehicles used by first responders on duty
Electric vehicles, hydrogen vehicles, and other alternative fuel vehicles are not on that list.4Arizona Legislature. Arizona Code 28-737 – High Occupancy Vehicle Lanes
What Happens to Your AFV Plate or Decal
If you already have an AFV plate or sticker, your registration is still valid. The plate identifies your vehicle as running exclusively on alternative fuel, and that part has not changed. What the plate no longer does is authorize you to drive alone in the HOV lane during the morning and afternoon windows.
Arizona statute at ARS 28-2416 still contains language saying an AFV plate or sticker holder may use HOV lanes regardless of occupancy.5Arizona Legislature. Arizona Code 28-2416 – Alternative Fuel Vehicle Special Plates, Stickers, Use of High Occupancy Vehicle Lanes, Civil Penalty, Definition That provision rested on the federal exemption that has now expired. ADOT’s position is that the exemption no longer applies and that driving solo with an AFV plate during restricted hours can bring a citation.1Arizona Department of Transportation. High Occupancy Vehicle (HOV) Lane Rule Changed The same goes for the older Energy Efficient plates issued to certain plug-in hybrids under a now-capped program.6Alternative Fuels Data Center. Alternative Fuel Vehicle (AFV) and Energy Efficient Plate Programs
The Fine for Driving Solo in the HOV Lane
An HOV occupancy violation is a civil traffic ticket with a flat $200 fine under Arizona law.4Arizona Legislature. Arizona Code 28-737 – High Occupancy Vehicle Lanes It applies to any driver without the required number of occupants, EV drivers included. The violation is civil, not criminal, so it does not produce a criminal record.
Could the Exemption Come Back?
A bill is pending in Congress that would restore it. H.R. 4948, the HOV Lane Exemption Reauthorization Act, was introduced in the House on August 12, 2025, and would extend the federal authorization in 23 U.S.C. Section 166 through September 30, 2031.7Congress.gov. H.R.4948 – HOV Lane Exemption Reauthorization Act As of early 2026 the bill is still in the introductory stage and has not received a vote.
Because Arizona’s state statute authorizing solo HOV access for AFV plate holders was never repealed, a federal extension would likely let the state resume the practice without new legislation. Drivers who still hold an AFV plate or decal would be positioned to benefit right away. Until Congress acts, though, the two-occupant rule applies to every passenger vehicle during restricted weekday hours.