HOV problem in AZ

[DryHeat]

I've been commuting to work on my motorcycle for about 3 yrs now and today I experienced a first. As usual, I was using the HOV lane, along with dozens of other riders I see during my commute, when I was pulled over by a Gilbert police officer. He informed me that motorcycles aren't allowed to use HOV and issued me a ticket for $419! I cooperated with the officer and tried to point out that I have seen HOV signs along interstate 10 that list motorcycles as allowed (admittedly, I haven't paid attention to whether those signs are still in place). I asked if the law had changed, etc., basically, he wasn't interested in hearing my story, gave me the ticket and that was that.

 

This will be a major blow to the motorcycle community if it holds true. Anyway, I will be making some trips this weekend in an attempt to gather some photos of the signs that listed motorcycles (I hope they're still there).

[Effervescent]

Off AZDOT: not looking good.

 

Sorry,

-Eff

 

HOV Fact Sheet

Federal Laws

Public Law 109-59, passed on August 10, 2005 requires that state agencies who have

jurisdiction over HOV facilities establish occupancy requirements for the HOV lanes.

This law allows the following vehicles to travel in the HOV lane:

•

Vehicles carrying two or more passengers;

•

Motorcycles and bicycles (unless it is determined that the allowance of

these vehicles would present a safety hazard);

•

Public transportation vehicles (in accordance with state law and

regulations);

•

Inherently low emission vehicles as defined under 40 CFR 88.311-93

regardless of the number of passengers;

•

Other low emission and energy efficient vehicles (hybrids) regardless of

the number of passengers subject to the following:

“Not later than 180 days after the date of enactment of this section, the

Administrator of the Environmental Protection Agency shall--`(1) issue

a final rule establishing requirements for certification of vehicles as low

emission and energy-efficient vehicles for purposes of this section and

requirements for the labeling of the vehicles; and``(2) establish

guidelines and procedures for making the vehicle comparisons and

performance calculations described in subsection (f)(3)(B), in

accordance with section 32908(b) of title 49.″ and

•

All other vehicles if paying a toll under a toll program.

Arizona State Laws

Under A.R.S. 28-737, the following vehicles are permitted to travel in HOV lanes:

• Vehicles carrying two or more passengers;

• Tow trucks in the process of performing the truck operator's duties;

• Alternative fuel vehicles regardless of the number of passengers; and

• Pending federal approval, automobiles defined as “hybrid vehicles″

under statute may travel in HOV lanes at any time without penalty.

At this time ADOT is currently awaiting the rules from the Federal Environmental

Protection Agency. Once these rules are available, ADOT will develop procedures for

identifying additional vehicles that may be permitted to utilize the HOV lanes.

The latest information indicates that the Environmental Protection Agency (EPA) will

have a proposed rule this summer identifying which types of Hybrid vehicles will be

eligible to use the HOV lane regardless of the number of occupants. If you are

interested in providing input to the EPA on this rule, please check the link attached

during the summer for the release of the proposed rules.

http://www.epa.gov/oar/docket.html

[Tony_K]

TYPES OF HOV LANE RESTRICTIONS HOV lanes are restricted by vehicle type, occupancy requirement, and hours of operation. Some HOV lanes operate 24 hours; others revert to general traffic (or shoulder) use outside designated peak periods. Most HOV lanes today have two-or-more person occupancy requirements (2+), although some have three-or-more (3+) or even four-ormore (4+) person occupancy requirements. Some HOV lanes are restricted to transit buses only; others allow buses, taxis and vanpools only. Besides emergency vehicles, a number of other vehicles may be granted access to HOV lanes, regardless of the number of occupants. These include tow trucks, motorcycles, and alternative fuel vehicles.

 

www.azdot.gov/TPD/ATRC/publications/ project_reports/PDF/AZ552.PDF -

 

I searched for "motorcycle" on the AZ GOV PDF.

[John Ferris]

See the big link below, Arizona drivers license manual, page 19

 

http://66.102.7.104/search?q=cache:UxW2K...t=clnk&cd=9

[ashleybiker]

I just moved from Scottsdale AZ this year. I rode my RT to and from work most every day. I traveled in the HOV lanes on the 202 between the 101 and Sky Harbor Airport. This was during the restricted times. Several trips were in clear view of DPS Officers either directly behind or in front of me. In fact, I have exchanged waves with a motorcycle unit as I exited the HOV lanes at the 143.

 

Never a problem. I am almost positive that one of the HOV signs on the 101 says "motorcycles ok".

 

Either something changed this year or you got an undeserved ticket.

 

Let us know how it goes!

[Tony_K]

I think your in the right according to the handbook and my link of AZDOT as well as EFF'S.

[KMG_365]

Oooooh, let us know when the court date is so we can show up in force!

 

(Judges just love an angry mob! )

[Effervescent]

lol Doesn't look like I read what I posted. STUPID BRAIN!

 

-Eff

[smiller]

I was under the impression all states must permit motorcycles in HOV lanes (on roads that that have been built with some federal funding, as almost all major highway projects are) due to a federal fiat (using the same sort of legal logic that allowed the federal government to impose a nationwide 55-mph speed limit a few decades ago, although this time the act is in our favor.)

[Doug_TX]

The Federal regulations (attached to the funds that were probably used to build the road) require the locality to permit motorcycles unless the local authority can prove that doing so would create a road hazard or increase congestion. Only case I know of where the state attempted to do that was Virginia (many years ago). They went to court against the Feds (and I think even the AMA) and lost. I'm no lawyer, but I recall having read about that one long ago in the AMA rag.

[RTRay]

I would call my local AMA rep and let them know what has happened. The AMA is VERY active in fighting any type of new goofy law or off the wall police official that restricts the legal riding of motorcycles. I would imagine that this officer has issued many other undeserved tickets to other riders and if so he meeds to set straight. From what I have read in the Arizona Rules of the Road book--you are in the right.

 

Terry

[Deadboy]

He is simply wrong, no doubt about it. I hear about these things from time to time, but the officer is simply incorrect….

 

If it is not too much trouble I would contact his superior (duty officer?) and request that he look into the matter prior to your court date (you are going to court to challenge this if need be I assume). I would be stunned if they do not immediately negate the ticket and apologize, if not let me know immediately by PM.

 

As it turns out I am your AMA rep....

[azkaisr]

I've been commuting to work on my motorcycle for about 3 yrs now and today I experienced a first. As usual, I was using the HOV lane, along with dozens of other riders I see during my commute, when I was pulled over by a Gilbert police officer. He informed me that motorcycles aren't allowed to use HOV and issued me a ticket for $419! I cooperated with the officer and tried to point out that I have seen HOV signs along interstate 10 that list motorcycles as allowed (admittedly, I haven't paid attention to whether those signs are still in place). I asked if the law had changed, etc., basically, he wasn't interested in hearing my story, gave me the ticket and that was that.

 

This will be a major blow to the motorcycle community if it holds true. Anyway, I will be making some trips this weekend in an attempt to gather some photos of the signs that listed motorcycles (I hope they're still there).

 

Dude, That is whacked. Not only have I not heard of that being the case, but not 3 weeks ago, I must have been in formation with 2 DPS RT's for at least 15 miles on the way from Tempe to Deer Valley on the 60, 10 and then the 51. I see about 10 motorcycles a day in the lane at least.

 

PM if you need some help fighting it.

 

Kaisr

[Paul Mihalka]

As it turns out I am your AMA rep....

[John Ferris]

As it turns out I am your AMA rep....

A friend of mine got stopped for speeding and they gave him a warning and let him go. He said that when he got his licence out his AMA card was showing. When the officer was leaving he said "Take it easy Doctor"

[Effervescent]

Not making a suggestion, just passing this along...

 

FYI:

 

http://www.ci.gilbert.az.us/POLICE/

"The Gilbert Police Department is a full-service agency, internationally accredited, and staffed by some of the most dedicated law enforcement professionals in the world. We strive every day to make this community a safe haven for the families who live and visit here. We enjoy a reputation as a highly progressive Department on a par with the best in the nation.

 

I appreciate the opportunity to serve the Town as Chief of Police. This Department, however, belongs to the community and this basic philosophy drives everything we do. Please take advantage of the information and programs you see here. And, if you see a way to improve our services, I look forward to hearing from you.

 

Sincerely,

Tim Dorn, Chief of Police"

 

Police Department

75 E Civic Center Dr

Gilbert, AZ 85296

(480) 503-6500

 

Timothy J. Dorn

Chief of Police

(480) 635-7600

timd@ci.gilbert.az.us

 

http://www.ci.gilbert.az.us/police/filecomplaintcommendation.cfm

 

-Eff

[Effervescent]

Maybe he should have conferred with one of his coworkers before writing $419!

http://www.ci.gilbert.az.us/police/traffic.cfm

 

"The Gilbert Police Department Traffic Unit was created in 1996 with two motorcycle officers. As of August 2005, the Traffic Unit consists of nine motorcycle officers, three collision investigators, two sergeants and a lieutenant. The unit’s primary focus is to reduce collisions, injuries and fatalities on Gilbert roadways through selective and DUI enforce-ment.

 

Equipment: The Traffic Unit utilizes the BMW RT1100's and R1150RT. The motorcycles are equipped with handheld lidar and mounted moving radar devices."

 

-Eff

[DryHeat]

Ok, here's an update...the officer's supervisor, Sgt. Smith, is out until Sept. 6th, so, I spoke with traffic Sgt. Jirardin who informed me that the AZ statute does not mention motorcycles. I informed him that it even states in the updated AZ Drivers Manual that motorycycles ARE allowed by name in the HOV lanes. He agreed to look into the matter further and call me back.

 

For what it's worth, A.R.S. 28-737 does not mention motorcycles at all. It apparently went into effect in August of 2005. http://azleg.gov/FormatDocument.asp?inDoc=/ars/28/00737.htm&Title=28&DocType=ARS

 

The Federal Highway Administration clearly states that motorcycles are allowed to use HOV, but with the caveat that states can choose to override this provision of federal law, if they can determine safety is at risk.

 

Lastly, I couldn't locate any HOV signs on 60 or interstate 10 that list motorcycles, it appears they are all the same cookie cutter 2+ HOV signs now. I'm going to check out the 202 today in hope that one of the old signs is still around.

[EffBee]

A state MAY override, but not a municipality and certainly not one single police officer. To the best of my knowledge, no state has overridden the feds on this and if they even attempted, the AMA would be on them like Wurty on lonely sheep.

[Tony_K]

 

For what it's worth, A.R.S. 28-737 does not mention motorcycles at all. It apparently went into effect in August of 2005. http://azleg.gov/FormatDocument.asp?inDoc=/ars/28/00737.htm&Title=28&DocType=ARS

 

Read the link again. It's pourpose is to be inclusive of hybrids in the HOV.

 

All previous rules (INCLUDING MOTORCYCLES) are still in effect with no change. You are still in the right!

[DryHeat]

I really appreciate all of the support and I may need it.

 

I just got a call from Sgt. Jirardin who also spoke with a judge out of the San Tan court (South Gilbert). According to the judge, the statute does not allow motorcycles and he added that if he had to rule on it today I would be in violation. So, it looks like I have to go to court.

 

Just to add to this whole mess, I'm being transfered to Florida the end of September so now I'll have to fly back to AZ for court.

[Tony_K]

Utilize the AMA help.

Join now if your not a member.

[St0nkingByte]

Talk to the local press? That might be an interesting story for the evenin' news.

[ashleybiker]

I just got a call from Sgt. Jirardin who also spoke with a judge out of the San Tan court (South Gilbert). According to the judge, the statute does not allow motorcycles and he added that if he had to rule on it today I would be in violation. So, it looks like I have to go to court.

 

Please don't let this dissuade you. Follow through on your reasearch and get some professional counsel.

[Tony_K]

The more I think about this the angrier I get.

 

I use the HOV whenever it is available and if I have to think about what state, county or podunk town I can and can not ride in ABSURD.

 

Please consult with "Deadboy" Nick about using the AMA as this is clearly discriminating against motorcycles.

 

I really hope that it's a series of errors and misinformation within the AZ system.

[smiller]

According to the judge, the statute does not allow motorcycles and he added that if he had to rule on it today I would be in violation.

What specific Arizona statute were you cited for and what does it say?

[Mike]

The Maricopa County website has the following: "HOV lanes, also known as ‘carpool lanes’, are specially designated freeway lanes for use by those vehicles with two or more occupants, buses, and motorcycles" at http://www.mag.maricopa.gov/archive/itsystems/fms.asp.

 

However, I don't see anything in the current statute that permits motorcycles to use the HOV lanes.

[DryHeat]

SMILLER,

I was cited for violation of A.R.S. 28-737a, ARS HOV Lane Violation

http://azleg.gov/FormatDocument.asp?inDoc=/ars/28/00737.htm&Title=28&DocType=ARS

 

To All,

Rest assured that I will be pursuing this to the end. Even thought I'm leaving Arizona it's the mere principle of the matter.

[ashleybiker]

Check out the Federal statute. IMO it may hold part of the answer.

 

This is section 2 from this Link

 

What are the requirements for the minimum number of people to be an HOV?

 

23 U.S.C. 102(a)(1) says that a "State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required."

 

Are any exceptions to the 2 persons per vehicle minimum allowed?

 

23 U.S.C. 102(a)(1) notes that "motorcycles and bicycles shall not be considered single occupant vehicles." Also, 23 U.S.C. 102(a)(2) notes that "...a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle is properly labeled and certified as an Inherently Low-Emission Vehicle." And Section 1216(a)(5) of the Transportation Equity Act for the 21st Century (TEA-21) notes that "...a State may permit vehicles with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicles are part of a value pricing pilot program..." In addition the Environmental Protection Agency (EPA) regulations in 40 C.F.R. section 88.313-93 allows Inherently Low Emission Vehicles (ILEV) of fleet owners to use HOV lanes.

[Tony_K]

To go along with what ashleybiker found..

 

ARIZONA CLEAN AIR FUND: for violations of A.R.S. 28-737A and A.R.S. 28- 2416(G) collected pursuant to A.R.S. 41-1516. Effective July 18, 2000.

 

Looks like they are saying the fees go to AZ air.

[SgtYork2690]

Ignorance of the law is not an excuse. If you read ARS title 28 codes it does not state anywhere that motorcycles can use HOV lanes.

[smiller]

I was cited for violation of A.R.S. 28-737a, ARS HOV Lane Violation

http://azleg.gov/FormatDocument.asp?inDoc=/ars/28/00737.htm&Title=28&DocType=ARS

That's interesting. In every state I've lived the vehicle code specifically allowed motorcycles in HOV lanes so as to be in complaince with federal law. It would appear that Arizona is either purposely disregarding the federal law or has accidentally overlooked its existence. I would guess the latter but it does look like a job for the AMA or someone with enough clout to get this straightened out.

[RonStewart]

Ignorance of the law is not an excuse.

Very helpful.

 

An official state document says:

 

"On the freeway, you may not:...drive a vehicle carrying fewer than two persons, including the driver, in a high occupancy vehicle (HOV) lane at the following times: 6 a.m. to 9 a.m. and 3 p.m. to 7 p.m. Monday through Friday (At those times the HOV lanes are restricted to car pool vehicles, motorcycles, buses or vehicles displaying alternative fuel license plates. A motorist who violates this restriction is subject to a penalty of $350.)"

 

http://www.azdot.gov/mvd/mvdforms/documents/AZDriverLicenseManual_99-0117.pdf page 19

 

You can't let your state tell you that you are permitted to do something and then fine you for doing it.

[ghaverkamp]

However, I don't see anything in the current statute that permits motorcycles to use the HOV lanes.

 

The Arizona statute shouldn't have to say anything. The U.S. Congress seems to have taken care of preemption even if had something to the contrary. See 23 U.S.C. § 166:

 

(a) In general.--

 

(1) Authority of State agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility.

(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than two occupants per vehicle may be required for use of a HOV facility.

 

(b) Exceptions.--

 

(1) In general.--Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility.

(2) Motorcycles and bicycles.--

(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility.

(B) Safety exception.--

(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification.

(ii) Acceptance of certification.--The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment.

 

 

So, unless the Secretary of Transportation has only recently accepted such certification (I couldn't find one in the Federal Register, anyway), I think maybe the judge is also a bit off.

[Deadboy]

Greg and Ron beat me too it, the relevant federal law states MC access to the HOV lanes is the norm, unless the state or other authorites (such as a local dept. of transportation) decides otherwise. Virginia was the last state to change after a long "study" trying to prove MC's were at risk in the HOV lane.

 

Under U.S. Code, Title 23, Charter 1, Subchapter I, Section 102 Program efficiencies:

 

(a) HOV Passenger Requirements.—

 

(1) In general.— A State transportation department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles.

 

(2) Exception for inherently low-emission vehicles.— Notwithstanding paragraph (1), before September 30, 2003, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle is certified as an Inherently Low-Emission Vehicle pursuant to title 40, Code of Federal Regulations, and is labeled in accordance with, section 88.312–93© of such title. Such permission may be revoked by the State should the State determine it necessary.

 

(b) Access of Motorcycles.— No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.

 

The complete citation is available online at http://www.law.cornell.edu/uscode

 

I will work with you to get a letter to the court put together, but it may require you to attend in order to get it dismissed, but hopefully not....

[KMG_365]

This place rocks!

[JohnNorCal]

In CA, the older signs say "MC OK." The newer one's don't. It doesn't matter though because you can ride in any of the HOV lanes. At one time you had to buy a sticker to use the HOV lanes that crossed the various SF Bay Bridges, now you just cross for free during the commute hours.

[Deadboy]

FYI, I sent an email to the Gilbert PD and already got a return phone call indicating they will be dismissing the ticket based on the federal code allowing MC's to use the carpool lane discussed already in this thread.

 

I expect Doug should be hearing from them soon if he hasn't already.

 

I sent Doug a PM also....

[ghaverkamp]

FYI, I sent an email to the Gilbert PD and already got a return phone call indicating they will be dismissing the ticket based on the federal code allowing MC's to use the carpool lane discussed already in this thread.

 

Now that's cool. What's more, the police in question have been educated and hopefully won't do this again.

[DiggerJim]

Now that's cool. What's more, the police in question have been educated and hopefully won't do this again.

How cute. You're such a trusting little soul. Good thing you aren't a lawyer or something where such faith in humanity would be a liability.

 

In my jaded opinion, until there is a loud and public knocking of heads, cyclists in Arizona are going to continue to be written up and most will pay not having the advantage of this forum's knowledge transfer.

 

Actually, what would work really well would be a lawsuit brought by a rider from this group who goes to Gilbert and gets a similar ticket now that the police have been "educated". I'd love to argue a Malicious Prosecution suit against the Gilbert PD. That would probably constitute sufficient head-knocking to stop the hassles. Might pay for a year or two of the kid's college in terms of an out of court settlement.

 

Jim

[ashleybiker]

Awesome

 

Now that does rock!

[Tony_K]

So glad Nick could show them the error of their ways

 

BUT

 

What about all the other riders that may have been sited under this bogus offence and were forced by Gilbert law inforcement to pay the fine.

 

I'm sure Doug was not the first. I can only hope he will be the last.

 

What I would like to see happen is a investigation into past citations issued in Gilbert to motorcyclists leagally using HOV yet being issued tickets.

 

Maybe a little more work could be done?

 

Could AMA possibly dig deeper?

[Effervescent]

10 to 1 odds that LEO will be writing that exact ticket for the rest of the year.

 

-Eff

[KMG_365]

In my jaded opinion, until there is a loud and public knocking of heads, cyclists in Arizona are going to continue to be written up and most will pay not having the advantage of this forum's knowledge transfer.

 

Actually, what would work really well would be a lawsuit brought by a rider from this group who goes to Gilbert and gets a similar ticket now that the police have been "educated". I'd love to argue a Malicious Prosecution suit against the Gilbert PD. That would probably constitute sufficient head-knocking to stop the hassles.

 

Okay, I propose the First Annual Gilbert, AZ HOV Lane Motorcycle Tour!!

 

We get a large group of local bikers together and cruise the local Gilbert, AZ HOV lanes for a few hours then go party somewhere near Police HQ! Who's IN??!!

[Effervescent]

ME!

 

I'll be in Scottsdale around December! We'll stage a HOV-in!

 

We should invite their traffic unit to lunch! lol

 

-Eff

[KMG_365]

ME!

 

I'll be in Scottsdale around December! We'll stage a HOV-in!

That sounds like fun! It'd be a treat to finally meet you!

 

We should invite their traffic unit to lunch! lol

 

-Eff

That's too farkin' funny!!

 

AZDryHeat:

Just to add to this whole mess, I'm being transfered to Florida the end of September so now I'll have to fly back to AZ for court.

It looks like you might be spared a trip back to AZ to appear (Thanks, Deadboy!! ), but if you happen to be planning a trip back in December, I'll gladly ride pillion on Leslie's bike and you can ride Maynard!

 

Hey Thomas! Maybe the Death Valley Recon Riders can swing through Gilbert on our way home on November 12th!

[Firefight911]

Is Gilbert, AZ on the Un list of possible places to go?

[ghaverkamp]

How cute. You're such a trusting little soul.

 

Yes. My life as a starry-eyed optimist does set me up for disappointment from time to time.

[DryHeat]

First, hats off to Nick "Deadboy", he's been a great help in getting this problem resolved.

 

Let me also say that the outpouring of support has been incredible. I'm usually someone who does a lot of reading but very little posting. I'm so glad I decided to tell my story. I've had a real eduction regarding Arizona and Federal law and never realized the amount of work the AMA does for us riders.

 

...and now, the rest of the story...I did receive a voice mail from the Sgt I spoke to earlier and he confirmed that the ticket will be dismissed. He wants me to call him in the morning so he can take care of the paperwork. He also mentioned that his Lieutenant called the DPS legislative representative to address getting it fixed in the state statutes.

 

Doug

[KMG_365]

...and now, the rest of the story...I did receive a voice mail from the Sgt I spoke to earlier and he confirmed that the ticket will be dismissed. He wants me to call him in the morning so he can take care of the paperwork. He also mentioned that his Lieutenant called the DPS legislative representative to address getting it fixed in the state statutes.

 

Doug

Rats! There goes our party!