Question: My brother commutes to work in the morning. He drops the kids off at day care on the way to work. Can he use the car pool lane? He believes that he can't because the kids are not in the front seat. They are both toddles under the age of five.
Answer: The carpool lanes (officially called "HOV" or "High Occupancy Vehicle" lanes) are limited to vehicles containing 2 or more persons. The Arizona Law does not include age restrictions, or place limits on where in a vehicle passengers must be seated. Therefore, a vehicle with an adult and 2 children qualifies to use the HOV lanes. Once he drops the kids off, however, he would not be qualified to use the HOV lanes unless there are still 2 or more people in the car (ARS 28-737).
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