Starting in 2005, the federal government allowed states to give electric vehicles a carpool lane exemption—even though California pioneered a similar program in 1999. This Clean Air Vehicle decal law was up for renewal in 2025, and the feds decided to let it sunset. As of Oct. 1, solo drivers in an EV will need to get out of Arizona HOV lanes or get a ticket. Other states are offering a sunset of two months.

Steve Elliott of the Arizona Department of Transportation explained that the state was warned long in advance. “The federal government advised us a number of months ago that that will be lapsing.”

John Martinson is the co-founder and president of an advocacy group called Drive Electric Arizona. He bought his first EV in 2000. “The original purpose of the HOV lanes was to reduce congestion. The HOV lane incentive was an important early tool to encourage people to adopt electric vehicles when they were still relatively new.”

He admits that now, with EVs so much more common than they were in 2005, it might be time to let the exemption go. “It seems fair.”

California offers drivers a two-month grace period

Even though the feds changed the law, states can decide how to enforce it. The CHP announced its responsibility isn’t to hand out tickets, it’s “to educate the motoring public when there’s a change in the law.” To this end, its DMV will stop handing out new HOV decals to EV drivers but will give current decal holders a bit of a buffer.

“State law provides a 60-day transition period beginning Oct. 1, during which drivers with a valid clean-air decal will not be cited for driving alone in the carpool lane. After that, driving solo in the carpool lane could result in a citation.”

California DMV Director Steve Gordon said, “It’s a lose-lose, and we urge the federal government to retain this program.” But Martinson believes state governments should focus elsewhere.

“The best way to continue supporting EV adoption now is through investments in charging infrastructure and public education.”