Biggs Calls for Congressional Intervention on HOV Lane Policies as Deadline Approaches

Representative Andy Biggs is urging Congress to maintain state authority over high-occupancy vehicle (HOV) lane policies as a federal deadline approaches that could eliminate HOV lane privileges for electric and alternative fuel vehicles.

On Thursday, Andy Biggs sent a letter to House Transportation Committee leadership calling for congressional action before a September 30 deadline when a federal rule allowing states to set their own HOV lane policies for alternative fuel vehicles is set to expire.

"Individual states—not the federal government—should retain the right to address traffic congestion on their highways," Biggs stated while announcing his letter to Chairman Sam Graves and Ranking Member Rick Larsen.

Current Access

Currently, Arizona drivers with alternative fuel vehicles and Energy Efficient specialty plates can access HOV lanes regardless of passenger count, a privilege established under 2005 federal legislation. Without congressional intervention, this access will end on September 30.

"If Congress fails to act, commutes in states like Arizona will be disrupted immediately, as single-occupant low-emission vehicles, including electric vehicles, will lose access to HOV lanes during peak hours despite long-standing state policy," Biggs wrote in his letter.

The Arizona Department of Transportation has warned drivers about the potential change, which would affect Phoenix-area freeways where HOV lanes operate. The decision rests entirely with federal lawmakers.

Biggs positioned the issue as constitutional federalism rather than environmental policy. 

"This is not about endorsing or promoting electric vehicles. It is about preventing federal overreach and restoring decision-making to the states," he emphasized.

State's Management

The congressman argued that removing state flexibility would create driver confusion and undermine traffic management policies that have proven effective in Arizona. He cited the Tenth Amendment as reserving such authority to individual states.

"Traffic congestion is not a one-size-fits-all problem. What works in Arizona may not work in the Midwest or the Northeast. States must retain the freedom to craft their own solutions," Biggs wrote, urging Congress to eliminate the provision in federal code 23 U.S.C. 

The federal rule governed by 23 U.S.C. 166 currently grants states options in managing HOV lane access for alternative fuel vehicles. Without action, thousands of Arizona drivers who purchased these vehicles expecting continued HOV access could be affected.

"Congress must act now. Remove the sunset and return this power to governors, legislatures, and local leaders who live these challenges every day," Biggs concluded in his appeal to committee leadership.