PHOENIX — Anyone who bought an alternate-fuel vehicles at least in part because it would ease the daily commute is going to find the free ride coming to an end.

The Arizona Department of Transportation says a 2005 federal law is ending. It has allowed drivers of these cars and trucks to use lanes otherwise reserved for “high occupancy vehicles,’’ regardless of the number of occupants. Unless Congress acts by the end of the month, the statute will self-destruct.

That’s not an issue in rural areas. Nor is it in Pima County, where the freeways have no HOV lanes.

But it does affect those living in and around Phoenix and also residents from elsewhere, particularly Pinal and Yavapai counties, who hope to avoid being stuck in gridlock every morning and afternoon.

The change means solo occupants of alternate-fuel vehicles who are found in those lanes will be subject to fines of at least $400. That doesn’t include a host of surcharges that can increase the bite.

An aerial view of traffic on Phoenix freeways.

ADOT doesn’t have county-by-county breakdowns.

But the agency says nearly 160,000 vehicles have the special blue-and-white plates that designate them as using alternate fuel. A spokesman said that, given the privileges that have existed until now, he assumes the vast majority of those cars and trucks are in the Phoenix metro area.

The reason federal law matters is that federal dollars were used to build the extra lanes.

Originally authorized in the 1970s, the time of the Arab oil embargo, the HOV lanes were designed to increase interest in ridesharing. That meant at least two people in a vehicle during certain hours; in Arizona that’s between 6 and 9 a.m. and 3 and 7 p.m.

It took until 2005 for Congress to extend that authorization to alternate fuel vehicles with only the driver onboard. That list now includes cars and trucks operated on alcohol, natural gas, propane, hydrogen and fuels derived from biological materials.

Also qualifying are electric vehicles with a certain battery capacity.

Adding single-occupancy vehicles was supposed to be temporary, but Congress has since extended it.

The current extension expires at the end of the month. And absent some last-minute action, the exemption disappears Oct. 1.

What that leaves to use the lanes during rush hours — other than multi-occupant vehicles — are motorcycles, public transit buses, emergency vehicles used by first responders, and tow trucks performing their duties.

So how quickly will offenders get ticketed?

A spokesman for the Department of Public Safety, whose officers patrol all of the roads with HOV lanes in Arizona, declined to say whether there will be a grace period. Instead, Bart Graves said troopers always have discretion and “will weigh severity, safety and context.’’

The timing could not be worse for electric vehicle dealers.

Sept. 30 is the last day for buyers of electric cars and trucks to qualify for a $7,500 federal tax credit. Also gone will be the $4,000 credit for used vehicles sold by dealers for $25,000 or less.

So the loss of the ability to bypass rush-hour traffic becomes just one less reason to buy one.


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Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, Bluesky and Threads at @azcapmedia or email azcapmedia@gmail.com.