2024 Model Traffic Code for Colorado

Model Traffic Code for

Colorado

Originally adopted in 1952. Subsequently revised in 1962,1966,

1970, 1973, 1974, 1977, 1995, 2003, 2009, 2010, 2020, and 2024

Colorado Department of Transportation

State of Colorado

How to Read Statutes

Many statutes are straightforward while others can be more complicated. Cross-references,

dependent subdivisions, and exceptions to a statute's application can make the meaning

difficult to follow. The Texas Legislative Council Guidance for Reading Statutes has been

provided to assist the reader with general document comprehension.

Read the Entire Heading.

The heading establishes how the section fits into the organization of the entire code.

Review the Context of the Statute.

The statute should be thought of as a unit of law that is part of a series of units of law. The

reader shall scan the contents to see what sections precede and follow the section they are

reading. If there is a short title section the reader shall review it (typically at the beginning of

the chapter or subchapter).

Key Verbs

Meaning

Shall

A duty imposed on a person or entity

May

A privilege or discretionary power

Must

A condition or a prerequisite

Is entitled to

A right, as opposed to a discretionary power

Shall not / May not

A prohibition

Focus on Organization and Format.

The reader shall assume everything in the statute has meaning, including punctuation and

format; therefore, pay close attention for breaks in the statute text.

Identify Statute Exceptions.

Exceptions are identified by keywords such as "certain," "only," "under," "over," "more than,"

"less than," "if," and "unless." "And" or "or" connecting a final element to the rest of a series

often indicates whether all or only one of the elements of the series are needed to satisfy

conditions set by the statute.

Do Not Skip Unfamiliar Words.

Do not rely solely on common meanings for words that are unclear or unfamiliar. Instead use

statutory context and definitions to determine the precise meaning. For example, "person" may

differ from its everyday meaning.

Thoroughly Read All Cross-Referenced Sections.

Legislative drafters use cross-references to other statutory provisions and avoid text repetition.

When a cross-reference covers an entire chapter or subchapter, review its table of contents

and definitions section to understand the context.

Table of Contents

Part 1

Traffic Regulation - Generally

101. Short title.

102. Legislative declaration.

103. Scope and effect of C – exceptions to provisions.

104. Adoption of traffic control manual.

105. Local traffic control devices.

106. Who may restrict right to use highways.

107. Obedience to police officers.

108. Public officers to obey provisions - exceptions for emergency vehicles.

109. Low-power scooters, animals, skis, skates, and toy vehicles on highways.

109.5. Low-speed electric vehicles.

109.6. Class B low-speed electric vehicles - effective date - rules.

110. Provisions uniform throughout state.

110.5. Automated vehicle identification systems.

111. Powers of local authorities.

112. Noninterference with the rights of owners of realty.

113. Appropriations for administration of article.

114. Removal of traffic hazards.

115. Information on traffic law enforcement - collection - profiling - annual report - repeal.

(Repealed)

116. Restrictions for minor drivers - definitions.

117. Personal mobility devices.

Part 2 Equipment

201. Obstruction of view or driving mechanism - hazardous situation.

202. Unsafe vehicles - penalty – identification plates.

203. Unsafe vehicles - spot inspections.

204. When lighted lamps are required.

205. Head lamps on motor vehicles.

206. Tail lamps and reflectors.

207. Clearance and identification.

208. Stop lamps and turn signals.

209. Lamp or flag on projecting load.

210. Lamps on parked vehicles.

211. Lamps on farm equipment and other vehicles and equipment.

212. Spot lamps and auxiliary lamps.

213. Audible and visual signals on emergency vehicles.

214. Visual signals on service vehicles.

215. Signal lamps and devices – additional lighting equipment.

215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles.

216. Multiple-beam road lights.

217. Use of multiple-beam lights.

218. Single-beam road-lighting equipment.

219. Number of lamps permitted.

220. Low-power scooters – lighting equipment - department control - use and operation.

221. Bicycle and personal mobility device equipment.

222. Volunteer firefighters – volunteer ambulance attendants – special lights and alarm systems.

223. Brakes.

224. Horns or warning devices.

225. Mufflers - prevention of noise.

226. Mirrors - exterior placements.

227. Windows unobstructed – certain materials prohibited – windshield wiper requirements.

228. Restrictions on tire equipment.

229. Safety glazing material in motor vehicles.

230. Emergency lighting equipment - who must carry.

231. Parking lights.

232. Minimum safety standards for motorcycles and low-power scooters.

233. Alteration of suspension system.

234. Slow-moving vehicles - display of emblem.

235. Minimum standards for commercial vehicles

236. Child restraint systems required - definitions - exemptions.

237. Safety belt systems – mandatory use - exemptions - penalty.

238. Blue and red lights - illegal use or possession.

239. Misuse of a wireless telephone - definitions - penalty - preemption.

240. Low-speed electric vehicle equipment requirements.

Part 3

Emissions Inspection

(Omitted)

Part 4

Diesel Inspection Program

(Omitted)

Part 5

Size - Weight - Load

501. Size and weight violations - penalty.

502. Width of vehicles.

503. Projecting loads on passenger vehicles.

504. Height and length of vehicles.

505. Longer vehicle combinations.

506. Trailers and towed vehicles.

507. Wheel and axle loads.

508. Gross weight of vehicles and loads.

509. Vehicles weighed – excess removed.

510. Permits for excess size and weight and for manufactured homes - rules.

511. Permit standards - state and local.

511.2. Authority for cooperative agreements with regional states on excess size or weight vehicles -

regulations.

512. Liability for damage to highway.

Part 6

Signals - Signs - Markings

601. Department to sign highways, where.

602. Local traffic control devices.

603. Obedience to official traffic control devices.

604. Traffic control signal legend.

605. Flashing signals.

606. Display of unauthorized signs or devices.

607. Interference with official devices.

608. Signals by hand or signal device.

609. Method of giving hand and arm signals.

610. Unauthorized insignia.

611. Paraplegic persons or persons with disabilities - distress flag.

612. When signals are inoperative or malfunctioning.

613. Failure to pay toll established by regional transportation authority.

614. Designation of highway maintenance, repair, or construction zones - signs - increase in penalties

for speeding violations.

615. School zones - increase in penalties for moving traffic violations.

616. Wildlife crossing zones - increase in penalties for moving traffic violations.

617. Steep downhill grade zones – increase in penalties and surcharges for speeding violations –

definitions.

Part 7

Rights-Of-Way

701. Vehicles approaching or entering intersection.

702. Vehicle turning left.

703. Entering through highway – stop or yield intersection.

704. Vehicle entering roadway.

705. Operation of vehicle approached by emergency vehicle – operation of vehicle approaching

stationary emergency vehicle.

706. Obedience to railroad signal.

707. Certain vehicles must stop at railroad grade crossings.

708. Moving heavy equipment at railroad grade crossing.

709. Stop when traffic obstructed.

710. Emerging from or entering alley, driveway, or building.

711. Driving on mountain highways.

712. Driving in highway work area.

713. Yielding right-of-way to transit buses - definitions - penalty.

714. Bicyclist or other authorized user in bicycle lane.

715. Yielding right-of-way in roundabouts – definitions.

Part 8

Pedestrians

801. Pedestrian obedience to traffic control devices and traffic regulations.

802. Pedestrians’ right-of-way in crosswalks.

803. Crossing at other than crosswalks.

804. Pedestrian to use right half of crosswalk. (Repealed)

805. Pedestrians walking or traveling in a wheelchair on highways.

806. Driving through safety zone prohibited.

807. Drivers to exercise due care.

808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities.

Part 9

Turning - Stopping

901. Required position and method of turning.

902. Limitations on turning around.

903. Turning movements and required signals.

Part 10

Driving - Overtaking - Passing

1001. Drive on right side - exceptions.

1002. Passing oncoming vehicles.

1003. Overtaking a vehicle on the left.

1004. When overtaking on the right is permitted.

1005. Limitations on overtaking on the left.

1006. One-way roadways and rotary traffic islands.

1007. Driving on roadways laned for traffic.

1008. Following too closely.

1008.5. Crowding or threatening bicyclist.

1009. Coasting prohibited.

1010. Driving on divided or controlled access highways.

1011. Use of runaway vehicle ramps.

1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes.

1013. Passing lane - definitions - penalty.

Part 11

Speed Regulations

1101. Speed limits.

1102. Altering of speed limits.

1103. Minimum speed regulation.

1104. Speed limits on elevated structures.

1105. Speed contests - speed exhibitions - aiding and facilitating – immobilization of motor vehicle -

definitions.

Part 12

Parking

1201. Starting parked vehicle.

1202. Parking or abandonment of vehicles.

1203. Ski areas to install signs.

1204. Stopping, standing, or parking prohibited in specified places.

1205. Parking at curb or edge of roadway.

1206. Unattended motor vehicle.

1207. Opening and closing vehicle doors.

1208. Parking privileges for persons with disabilities - applicability.

1209. Owner liability for parking violations.

1210. Designated areas on private property for authorized vehicles.

1211. Limitations on backing.

1212. Pay parking access for disabled.

Part 13

Alcohol And Drug Offenses

(Omitted)

Part 14

Other Offenses

1401. Reckless driving - penalty.

1402. Careless driving - penalty.

1402.5. Vulnerable road user – prohibition – violations and penalties – definition.

1403. Following fire apparatus prohibited.

1404. Crossing fire hose.

1405. Riding in trailers.

1406. Foreign matter on highway prohibited.

1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables.

1407.5. Splash guards - when required.

1408. Operation of motor vehicles on property under control of or owned by parks and recreation

districts.

1409. Compulsory insurance - penalty - legislative intent.

1410. Proof of financial responsibility required - suspension of license.

1411. Use of earphones while driving.

1412. Operation of bicycles and other human-powered vehicles.

1412.5. Statewide regulation of certain persons approaching intersections who are not operating motor

vehicles – status of existing local ordinance or resolution – legislative declaration - definitions.

1413. Eluding or attempting to elude a police officer.

1414. Use of dyed fuel on highways prohibited.

1415. Radar jamming devices prohibited - penalty.

Part 15

Motorcycles

1501. Traffic laws apply to persons operating motorcycles – special permits.

1502. Riding on motorcycles – protective helmet.

1503. Operating motorcycles on roadways laned for traffic.

1504. Clinging to other vehicles.

Part 16

Accidents And Accident Reports

(Omitted)

Part 17

Penalties And Procedure

1701. Traffic offenses and infractions classified - penalties – penalty and surcharge schedule - repeal.

1702. Alcohol- or drug-related traffic offenses - collateral attack.

1703. Parties to a crime.

1704. Offenses by persons controlling vehicles.

1705. Person arrested to be taken before the proper court.

1706. Juveniles - convicted – arrested and incarcerated - provisions for confinement.

1707. Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and

misdemeanor traffic offenses - release - registration.

1708. Traffic infractions - proper court for hearing, burden of proof - appeal - collateral attack.

1709. Penalty assessment notice for traffic infractions - violations of provisions by officer - driver’s

license.

1710. Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty

assessment notice - procedures.

1711. Compliance with promise to appear.

1712. Procedure prescribed not exclusive.

1713. Conviction record inadmissible in civil action.

1714. Traffic violation not to affect credibility of witness.

1715. Convictions, judgments, and charges recorded – public inspection.

1716. Notice to appear or pay fine – failure to appear - penalty.

1717. Conviction - attendance at driver improvement school - rules.

1718. Electronic transmission of data - standards.

1719. Violations - commercial driver’s license - compliance with federal regulation.

Part 18

Vehicles Abandoned On Public Property

1801. Legislative declaration.

1802. Definitions.

1803. Abandonment of motor vehicles - public property.

1804. Report of abandoned motor vehicles - owner’s opportunity to request hearing.

1805. Appraisal of abandoned motor vehicles - sale.

1806. Liens upon towed motor vehicles.

1807. Perfection of lien.

1808. Foreclosure of lien.

1809. Proceeds of sale.

1810. Transfer and purge of certificates of title.

1811. Penalty.

1812. Exemptions.

1813. Local regulations.

1814. Violation of motor vehicle registration or inspection laws – separate statutory provision.

Part 19

School Bus Requirements

1901. School buses - equipped with supplementary brake retarders.

1902. School bus drivers - special training required.

1903. School buses - stops - signs - passing.

1904. Regulations for school buses – regulations on discharge of passengers - penalty - exception.

Appendices

Definitions

PART A. Instructions for adopting the model traffic code by reference

PART B. Specimen ordinance for adopting model traffic code by reference

PART C. Specimen notice of hearing

PART D. Specimen certification – posting of notice

PART E. Instructions for amending Model Code previously adopted by reference

PART F. Listing of amendments for updating previous editions of the Model Traffic Code adopted by

reference

PART G. Specimen certification of Model Code

Why a Model Traffic Code?

Forward

Because of the significant mobility of today’s traffic and the influx of motorists from many areas, every

driver has a right to expect the rules governing the movement of vehicles and pedestrians on streets

and highways are clearly defined and reasonably uniform throughout the state and the nation.

The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic

laws and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has

strengthened the requirements for uniformity of traffic regulations in the following terms:

“This article constitutes the uniform traffic code throughout the state and in all political subdivisions

and municipalities therein”. (Source: 42-4-110(1))

“All local authorities may, in the manner prescribed in article 16 of title 31, or in article 15 of title 30,

adopt by reference all or any part of a model traffic code which embodies the rules of the road and

vehicle requirements set forth in this article and such other additional regulations as are provided for

in section 42-4-111; except that, in the case of state highways, any such additional regulations shall

have the approval of the department of transportation”. (Source: 42-4-110(1)(b))

“No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance,

rule, or resolution which alters or changes the meaning of the “rules of the road” or is otherwise in

conflict with the provisions of this article. For the purpose of this section, the “rules of the road” shall

be construed to mean any of the regulations on the operation of vehicles set forth in this article which

drivers throughout the state are required to obey without the benefit or necessity of official traffic

control devices as declared in section 42-4-603(2).” (Source: 42-4-110(1)(c))

These provisions leave little doubt that the basic driving rules are expected to be uniform statewide for

the protection of Colorado drivers and pedestrians. If state laws and local government traffic codes are

to serve their purpose they must complement one another and be given the widest possible publicity as

companion documents.

The National Committee on Uniform Traffic Laws and Ordinances points out that it is not the proper

purpose of traffic legislation to impose unnecessary or unreasonable restrictions on street or highway

traffic, but to ensure, as far as this can be done by law and its enforcement, that traffic shall move

smoothly, efficiently and safely; that no legitimate user of the street or highway, whether in a vehicle

or on foot, shall be killed, injured or frustrated in such use by the improper behavior of others.

Through the cooperative efforts of both state and local governments, the “Model Traffic Code for

Colorado” has been developed to make available a specimen set of motor vehicle and traffic

regulations that track state law.

Section 42-4-105, states that all traffic control devices placed or maintained by local authorities shall

conform to the most recent edition of the federal “Manual on Uniform Traffic Control Devices”

(MUTCD) and the state supplement thereto.

Traffic regulatory areas preempted by state law have not been made part of the Code. Local

governments are urged to bring their traffic ordinances into harmony with the current Code.

Local governments that adopt the Code by reference are cautioned not to make any changes or

additions which are in conflict with state law. However, the adopting local governments are at liberty

to delete any parts, articles, or sections which are deemed to be inapplicable. A specimen ordinance

and specimen public notices for adopting the Code by reference will be found in the Appendix.

The following official state documents work in tandem to provide a uniform system of traffic regulation

and accepted traffic engineering practices for greater operational efficiency and safety:

● Colorado Revised Statutes (C.R.S.), Title 42, Article 4 - Uniform traffic code for the State of

Colorado. Updated periodically to correlate with national model legislation.

● Model Traffic Code for Colorado – Model ordinance embodies provisions of Colorado Law

applicable to driving in municipalities and counties in a form that can be adopted by reference.

● Colorado Drivers Manual – Drivers’ handbooks authorized by Colorado statute. Issued by the

Colorado Department of Revenue (Division of Motor Vehicles). Traffic control text and

illustrations developed by the Colorado Department of Transportation.

● Manual on Uniform Traffic Control Devices (MUTCD) – Manual of Federal Highway Administration

approved traffic control devices. Updated periodically and adopted by the Transportation

Commission as required by Colorado Law.

Part 1

Traffic Regulation – Generally

101. Short title.

102. Legislative declaration.

103. Scope and effect of Code – exceptions to provisions.

(1) This Code constitutes the model traffic code throughout this jurisdiction.

(2) The provisions of this Code relating to the operation of vehicles and the movement of

pedestrians refer exclusively to the use of streets and highways except:

(a) Where a different place is specifically referred to in a given section;

(b) For provisions of sections 1401, 1402 and 1413 of this Code which shall apply upon streets

and highways and elsewhere throughout the jurisdiction.

104. Adoption of traffic control manual.

- See Appendices Part A.

105. Local traffic control devices.

Local authorities shall place and maintain such traffic control devices upon highways under their

jurisdiction as they may deem necessary to indicate and to carry out the provisions of this Code or

local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways

to the provisions of sections 42-4-110 and 43-2-135(1)(g). All such traffic control devices shall

conform to the state manual and specifications for statewide uniformity as provided in section 42-

4-104.

106. Who may restrict right to use highways.

(1) Local authorities with respect to highways under their jurisdiction may by ordinance or

resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to

the weight of vehicles to be operated upon any such highway, for a total period of not to exceed

ninety days in any one calendar year, whenever any said highway by reason of deterioration, rain,

snow, or other climatic conditions will be seriously damaged or destroyed unless the use of

vehicles thereon is prohibited or the permissible weights thereof reduced.

(2) After enacting any such ordinance signs designating the permissible weights shall be erected

and maintained.

(3) Local authorities, with respect to highways under their jurisdiction, may also, by ordinance or

resolution:

(a) Prohibit the operation of trucks or commercial vehicles on designated highways;

(b) Impose limitations as to the weight of trucks or commercial vehicles if the limitations are

designated by appropriate signs placed on the highway;

necessary for the protection and safety of the public; or

(d)(I) When snow-packed conditions exist on a highway or for a continuous seasonal period

designated by the local authority when snow-packed conditions are, as determined by the

local authority, likely to exist on a highway, designate all or a portion of a highway for over-

snow use only, which the local jurisdiction may further limit to travel by human-powered or

animal-powered means, or both.

(II) As used in this subsection (3)(d), “over-snow use” means travel on top of snow by

human-powered or animal-powered means or by an off-highway vehicle that is primarily

designed or altered for use over snow and runs without tires on a continuous belt track or

on one or more skis while in use over snow.

(III) Nothing in this subsection (3)(d) affects or limits the provisions of section 33-14-110

governing the operation of snowmobiles on any county road, city street, or highway.

(IV) When wheeled winter access is requested along a highway, nothing in this subsection

(3)(d) prohibits a local authority from entering into private winter maintenance agreements

and such requests shall be considered.

(4) The department of transportation shall likewise have authority as granted in this section to

local authorities to determine by resolution and to impose restrictions as to the weight of vehicles

operated upon any highway under the jurisdiction of said department, and such restrictions shall

be effective when signs giving notice thereof are erected upon the highways or portion of any

highway affected by such resolution.

(4.5)(a) The department of transportation has authority to close any portion of a state highway to

public travel.

(b)(I) A person who operates a motor vehicle or vehicle combination over thirty-five feet in

length on state highway 82 between mile markers 47 and 72 in violation of a closure under

paragraph (a) of this subsection (4.5) is subject to an enhanced penalty as set forth in section

1701(4)(a)(I)(F).

(II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in

length on state highway 82 between mile markers 47 and 72 in violation of a closure under

paragraph (a) of this subsection (4.5) where the result of the violation is an incident that

causes the closure of a travel lane in one or both directions, is subject to an enhanced

penalty as set forth in section 1701(4)(a)(I)(F).

(5)(a)(I)(A) The department of transportation may close any portion of a state highway for public

use during dangerous driving conditions, during construction or maintenance operations, or when

necessary for the protection and safety of the public.

(B) When icy or snow-packed conditions exist on the highway, the department of

transportation may restrict travel on or use of any portion of a state highway by any

motor vehicle unless the motor vehicle is equipped with the following: Tire chains or an

alternate traction device; four-wheel drive with tires that have a tread depth of at least

three sixteenths of an inch and that are adequate for the conditions; all-wheel drive

with tires that have a tread depth of at least three sixteenths of an inch and that are

adequate for the conditions; or tires that are imprinted by a manufacturer with a

mountain-snowflake, “MS”, “M+S”, or “M/S” symbol or that are all-weather rated by the

manufacturer and that have a tread depth of at least three sixteenths of an inch.

temporary or electronic signs, that notify the public of the closure or restriction are

erected upon the highway, and the restriction in subsection (5)(a)(I)(B) of this section is

effective on interstate 70 between milepost 133 (Dotsero) and milepost 259 (Morrison)

from September 1 through May 31 of each year. It is unlawful to proceed when a state

highway is closed or to proceed when a restriction is in effect without the equipment

required by this subsection (5).

(D) The Colorado state patrol shall cooperate with the department of transportation in

the enforcement of a closing or restriction under this subsection (5).

(E) The driver of a commercial vehicle with four or more drive wheels, other than a bus,

shall affix tire chains to at least four of the drive wheel tires when the vehicle is

required to be equipped with tire chains under this subsection (5). The driver of a bus

shall affix tire chains to at least two of the drive wheel tires when the vehicle is required

to be equipped with tire chains under this subsection (5).

(F) A person who violates this subsection (5)(a)(I) commits a traffic infraction and is

subject to the penalties in section 42-4-1701(4)(a)(I)(F).

(II) Any person who operates a motor vehicle in violation of restrictions imposed by the

department of transportation or the state patrol under subparagraph (I) of this paragraph

(a), where the result of the violation is an incident that causes the closure of a travel lane

in one or both directions, shall be subject to an enhanced penalty as set forth in section 42-

4-1701 (4)(a)(I)(F).

(III) A person who violates subparagraph (I) of this paragraph (a) while operating a

commercial vehicle shall be subject to an enhanced penalty as set forth in section 42-4-

1701(4)(a)(I)(F).

(IV) A person who violates subparagraph (I) of this paragraph (a) while operating a

commercial vehicle and the violation causes a closure in a travel lane shall be subject to an

enhanced penalty as set forth in section 42-4-1701(4)(a)(I)(F).

(V) If a fine is enhanced under subparagraphs (III) and (IV) of this paragraph (a), the portion

of the fine that exceeds the fine imposed under subparagraph (I) for an enhancement under

subparagraph (III), or subparagraph (II) for an enhancement under subparagraph (IV), that is

allocated to the state by sections 42-1-217 and 43-4-205 shall be transferred to the state

treasurer, who shall deposit it in the highway construction workers’ safety account within

the highway users tax fund created by section 42-4-1701 (4)(c)(II)(B), to be continuously

appropriated to the department of transportation for work zone safety equipment, signs,

and law enforcement.

(VI) Subparagraphs (III) and (IV) of this paragraph (a) shall not apply to a tow operator who

is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed.

(VII) The Colorado department of transportation shall identify an appropriate place for

commercial vehicles to apply chains, if necessary, to comply with subparagraph (I) of this

paragraph (a) and provide adequate notice to commercial vehicle operators of such places.

(b) The transportation commission may promulgate rules to implement the provisions of this

subsection (5).

(I) “Alternate traction device” means a device that is approved by the Colorado department

of transportation as capable of providing traction comparable to that of metal chains or tire

cables under similar conditions.

(II) “Equipped” means that a motor vehicle uses or carries the appropriate traction

equipment for icy or snow-packed conditions.

(III) “Tire chains” means metal chains consisting of two circular metal loops, one on each

side of the tire, connected by no fewer than nine evenly spaced chains across the tire

tread.

(6)(a) Local authorities may, within their respective jurisdictions, for the purpose of road

construction and maintenance, temporarily close to through traffic or to all vehicular traffic any

highway or portion thereof for a period not to exceed a specified number of workdays for project

completion and shall, in conjunction with any such road closure, establish appropriate detours or

provide for an alternative routing of the traffic affected when, in the opinion of concerned local

authorities, as evidenced by resolution or ordinance, such temporary closing of the highway or

portion thereof and the rerouting of traffic is necessary for traffic safety and for the protection of

work crews and road equipment. Such temporary closing of the highway or portion thereof and the

routing of traffic along other roads shall not become effective until official traffic control devices

are erected giving notice of the restrictions, and, when such devices are in place, no driver shall

disobey the instructions or directions thereof.

(b) Local authorities, within their respective jurisdictions, may provide for the temporary

closing to vehicular traffic of any portion of a highway during a specified period of the day for

the purpose of celebrations, parades, and special local events or civil functions when in the

opinion of said authorities such temporary closing is necessary for the safety and protection of

persons who are to use that portion of the highway during the temporary closing.

signing and marking of appropriate detours and alternative routes which jointly affect local

road systems and which are necessary to carry out the provisions of paragraphs (a) and (b) of

this subsection (6). Any temporary closing of the street which is a state highway and any

rerouting of state highway traffic shall have the approval of the department before such

closing becomes effective.

(7) A person who violates any provision of this section commits a class B traffic infraction.

107. Obedience to police officers.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police

officer invested by law with authority to direct, control, or regulate traffic. Any person who

violates any provision of this section commits a class 2 misdemeanor traffic offense.

108. Public officers to obey provisions - exceptions for emergency vehicles.

(1) The provisions of this Code applicable to the drivers of vehicles upon the highways shall apply

to the drivers of all vehicles owned or operated by the United States, this state, or any county,

city, town, district, or other political subdivision of the state, subject to such specific exceptions

as are set forth in this Code with reference to authorized emergency vehicles.

(2) The driver of an authorized emergency vehicle, when responding to an emergency call, or

when in pursuit of an actual or suspected violator of the law, or when responding to but not upon

returning from a fire alarm, may exercise the privileges set forth in this section, but subject to

the conditions stated in this Code. The driver of an authorized emergency vehicle may:

(a) Park or stand, irrespective of the provisions of this Code or State law;

(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be

necessary for safe operation;

limits set forth in section 1101 (8) so long as said driver does not endanger life or property;

(d) Disregard regulations governing directions of movement or turning in specified directions.

(3) The exemptions and conditions provided in paragraphs (b) to (d), in their entirety, of

subsection (2) of this section for an authorized emergency vehicle shall apply only when such

vehicle is making use of audible or visual signals meeting the requirements of section 213, and the

exemption granted in paragraph (a) of subsection (2) of this section shall apply only when such

vehicle is making use of visual signals meeting the requirements of section 213 unless using such

visual signals would cause an obstruction to the normal flow of traffic; except that an authorized

emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected

violator of any provision of this title need not display or make use of audible or visual signals so

long as such pursuit is being made to obtain verification of or evidence of the guilt of the

suspected violator. Nothing in this section shall be construed to require an emergency vehicle to

make use of audible signals when such vehicle is not moving, whether or not the vehicle is

occupied.

(4) The provisions of this section shall not relieve the driver of an authorized emergency vehicle

from the duty to drive with due regard for the safety of all persons, nor shall such provisions

protect the driver from the consequences of such driver’s reckless disregard for the safety of

others.

109. Low-power scooters, animals, skis, skates, and toy vehicles on highways.

(1) A person riding a low-power scooter upon a roadway where low-power scooter travel is

permitted shall be granted all of the rights and shall be subject to all of the duties and penalties

applicable to the driver of a vehicle as set forth in this Code except those provisions of this Code

that, by their very nature, can have no application.

(2) A person riding a low-power scooter shall not ride other than upon or astride a permanent and

regular seat attached thereto.

(3) No low-power scooter shall be used to carry more persons at one time than the number for

which it is designed and equipped.

(4) No person riding upon any low-power scooter, coaster, roller skates, sled, or toy vehicle shall

attach the same or himself or herself to any vehicle upon a roadway.

(5) A person operating a low-power scooter upon a roadway shall ride as close to the right side of

the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding

in the same direction.

(6) Persons riding low-power scooters upon a roadway shall not ride more than two abreast.

(6.5) A person under the age of eighteen years may not operate or carry a passenger who is under

eighteen years of age on a low-power scooter unless the person and the passenger are wearing

protective helmets in accordance with the provisions of section 1502 (4.5) of this Code.

(7) For the sake of uniformity and bicycle, electrical assisted bicycle, electric scooter, and low-

power scooter safety throughout the state, the department of revenue in cooperation with the

department of transportation shall prepare and make available to all local jurisdictions for

distribution to bicycle, electrical assisted bicycle, electric scooter and low-power scooter riders a

digest of state regulations explaining and illustrating the rules of the road, equipment

requirements, and traffic control devices that are applicable to the riders and their bicycles,

electrical assisted bicycles, electric scooters, or low-power scooters. Local authorities may

supplement this digest with a leaflet describing any additional regulations of a local nature that

apply within their respective jurisdictions.

(8) Persons riding or leading animals on or along any highway shall ride or lead such animals on the

left side of said highway, facing approaching traffic. This shall not apply to persons driving herds

of animals along highways.

(9) No person shall use the highways for traveling on skis, toboggans, coasting sleds, skates, or

similar devices. It is unlawful for any person to use any roadway of this state as a sled or ski

course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any

person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device to

go upon any roadway except while crossing a highway in a crosswalk, and when so crossing such

person shall be granted all of the rights and shall be subject to all of the duties applicable to

pedestrians. This subsection (9) does not apply to any public way which is set aside by proper

authority as a play street and which is adequately roped off or otherwise marked for such purpose

or to any highway or portion of a highway designated for over-snow use only by a local authority

pursuant to section 42-4-106(3)(d).

(10) Every person riding or leading an animal or driving any animal-drawn conveyance upon a

roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the

driver of a vehicle by this Code, except those provisions of this Code which by their very nature

can have no application.

(11) Where suitable bike paths, horseback trails, or other trails have been established on the

right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily traveled

streets and highways, the department of transportation may, subject to the provisions of section

43-2-135, by resolution or order entered in its minutes, and local authorities may, where suitable

bike paths, horseback trails, or other trails have been established on the right-of-way or parallel

to it within four hundred fifty feet of the right-of-way of heavily traveled streets, by ordinance,

determine and designate, upon the basis of an engineering and traffic investigation, those heavily

traveled streets and highways upon which shall be prohibited any bicycle, electrical assisted

bicycle, electric scooter, animal rider, animal-drawn conveyance, or other class or kind of

nonmotorized traffic that is found to be incompatible with the normal and safe movement of

traffic, and, upon such a determination, the department of transportation or local authority shall

erect appropriate official signs giving notice of the prohibition; except that, with respect to

controlled access highways, section 1010(3) applies. When the official signs are erected, a person

shall not violate any of the instructions contained on the official signs.

(12) The parent of any child or guardian of any ward shall not authorize or knowingly permit any

child or ward to violate any provision of this section.

(13)(a) Except as otherwise provided in paragraph (b) of this subsection (13), any person who

violates a provision of this section commits a class B traffic infraction.

(b) Any person who violates subsection (6.5) of this section commits a class A traffic

infraction.

109.5. Low-speed electric vehicles.

(1)(a) A low-speed electric vehicle may be operated only on a roadway that has a speed limit

equal to or less than thirty-five miles per hour; except that it may be operated to directly cross a

roadway that has a speed limit greater than thirty-five miles per hour at an at-grade crossing to

continue traveling along a roadway with a speed limit equal to or less than thirty-five miles per

hour.

(b) Notwithstanding paragraph (a) of this subsection (1), a low-speed electric vehicle may be

operated on a state highway that has a speed limit equal to forty miles per hour or cross a

roadway with a speed limit equal to forty miles per hour to cross at-grade, if:

(I) Such roadway's lane width is eleven feet or greater;

(II) Such roadway provides two or more lanes in either direction; and

(III) The Colorado department of transportation has determined, in consultation with local

government and law enforcement, upon the basis of a traffic investigation, survey,

appropriate design standards, or projected volumes, that the operation of a low-speed

electric vehicle on the roadway poses no substantial safety risk or hazard to motorists,

bicyclists, pedestrians, or other persons.

(2) No person shall operate a low-speed electric vehicle on a limited-access highway.

(3) Any person who violates subsection (1) or (2) of this section commits a class B traffic

infraction.

109.6. Class B low-speed electric vehicles - effective date - rules.

(1) A class B low speed electric vehicle may be operated only on a roadway that has a speed limit

equal to or less than forty-five miles per hour; except that it may be operated to directly cross a

roadway that has a speed limit greater than forty-five miles per hour at an at-grade crossing to

continue traveling along a roadway with a speed limit equal to or less than forty-five miles per

hour.

(2) No person shall operate a class B low speed electric vehicle on a limited-access highway.

(3) Any person who violates subsection (1) or (2) of this section commits a class B traffic

infraction.

(4) For the purposes of this section, “class B low-speed electric vehicle” means a low-speed

electric vehicle that is capable of traveling at greater than twenty-five miles per hour but less

than forty-five miles per hour.

(5)(a) The department of revenue shall not register or issue a title for a class B low-speed electric

vehicle until after the United States department of transportation, through the national highway

traffic safety administration, has adopted a federal motor vehicle safety standard for low-speed

electric vehicles that authorizes operation at greater than twenty-five miles per hour but less than

forty-five miles per hour.

(b) After the United States department of transportation, through the national highway traffic

safety administration, has adopted a federal motor vehicle safety standard for low-speed

electric vehicles that authorizes operation at greater than twenty-five miles per hour but less

than forty-five miles per hour, the department of revenue shall promulgate rules authorizing

the operation of class B low-speed electric vehicles in compliance with this section and shall

notify the revisor of statutes in writing. Upon the promulgation of rules authorizing the

operation of such vehicles, subsections (1) to (3) of this section shall take effect.

(6) The Colorado department of transportation may regulate the operation of a class B low-speed

electric vehicle on a state highway located outside of a municipality. The regulation shall take

effect when the Colorado department of transportation places an appropriate sign that provides

adequate notice of the regulation.

110. Provisions uniform throughout jurisdiction.

(1) The provisions of this Code shall be applicable and uniform throughout this state and in all

political subdivisions and municipalities therein. Local governments shall regulate and enforce all

traffic and parking restrictions on streets which are state highways as provided in section 43-2-

135(1)(g). All local authorities may enact and enforce traffic regulations on other roads and

streets within their respective jurisdictions. All such regulations shall be subject to the following

conditions and limitations:

(a) All local governments may enact, adopt, or enforce traffic regulations which cover the

same subject matter as the various sections of this Code or state law and such additional

regulations as are included in section 111, except as otherwise stated in paragraphs (c) to (e)

of this subsection (1).

(b) All local authorities may, in the manner prescribed in article 16 of title 31 or in article 15

of title 30 adopt by reference all or any part of a model traffic code which embodies the rules

of the road and vehicle requirements set forth in this article and such additional regulations as

are provided for in section 111; except that in the case of state highways, any such additional

regulation shall have the approval of the department of transportation.

ordinance, rule, or resolution which alters or changes the meaning of any of the “rules of the

road” or is otherwise in conflict with the provisions of this article. For the purpose of this

section, the “rules of the road” shall be construed to mean any of the regulations on the

operation of vehicles set forth in this article which drivers throughout the state are required

to obey without the benefit or necessity of official traffic control devices as declared in

section 603(2).

(d) In no event shall local authorities have the power to enact by ordinance regulations

governing the driving of vehicles by persons under the influence of alcohol or of a controlled

substance as defined in section 18-18-102(5), or under the influence of any other drug to a

degree that renders any such person incapable of safely operating a vehicle, or whose ability

to operate a vehicle is impaired by the consumption of alcohol or by the use of a controlled

substance as defined in section 18-18-102(5), or any other drug, the registration of vehicles

and the licensing of drivers, the duties and obligations of persons involved in traffic accidents,

and vehicle equipment requirements in conflict with the provisions of this article; but said

local authorities within their respective jurisdictions shall enforce the state laws pertaining to

these subjects, and in every charge of violation the complaint shall specify the section of state

law under which the charge is made and the state court having jurisdiction.

(2) The municipal courts have jurisdiction over violations of traffic regulations enacted or adopted

by municipalities. However, the provisions of sections 42-4-1701, 42-4-1705, and 42-4-1707 shall

not be applicable to municipalities.

(3) No person convicted of or pleading guilty to a violation of a municipal traffic ordinance shall be

charged or tried in a state court for the same or similar offense.

(4)(a) Any local government located within the program area of the AIR program area as defined in

section 304 may adopt ordinances or resolutions pertaining to the enforcement of the emissions

control inspection requirements set forth in section 310.

(b) An officer coming upon an unattended vehicle in the program area which is in apparent

violation of an ordinance or resolution adopted as authorized in paragraph (a) of this

subsection (4) may place upon such a vehicle a penalty assessment notice indicating the

offense and direction the owner or operator of such vehicle a penalty assessment notice

indicating the offense and directing the owner or operator of such vehicle to remit the penalty

assessment as set forth in such ordinance to the local jurisdiction in whose name the penalty

assessment notice was issued.

or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall be retained

by the local jurisdiction in whose name such penalty notice was issued.

(5) The general assembly declares that the adjudication of class A and class B traffic infractions

through the county court magistrate system was not intended to create a conflict between the

provisions of this article and municipal ordinances covering the same subject matter as this article

nor was it intended to require or prohibit the decriminalization of municipal ordinances covering

the same subject matter as this article. Municipalities may continue to enforce violations of such

ordinances through municipal court even though similar state offenses are enforced through the

magistrate system established under this article.

(6)(a) The general assembly hereby finds that the use of automated driving systems will help

people who may have difficulty driving, including people who are elderly and people with

disabilities, gain access to goods and services essential to daily life. This access requires traveling

across and in multiple jurisdictions. Therefore, the regulation of automated driving systems is a

matter of statewide concern.

(b) A state agency or a political subdivision of the state shall not adopt or enforce a policy,

rule, or ordinance that sets standards for an automated driving system that are different from

the standards set for a human driver.

110.5. Automated vehicle identification systems – legislative declaration - exceptions

to liability - penalty - limits on use of photographs and video - definitions.

(1) The general assembly hereby finds and declares that the enforcement of traffic laws through

the use of automated vehicle identification systems under this section is a matter of statewide

concern and is an area in which uniform state standards are necessary.

(1.4) Nothing in this section applies to the use of automated vehicle identification systems for the

purpose of collecting tolls, fees, or civil penalties in accordance with part 5 of article 4 of title 43

and section 43-4-808.

(1.5) Except as set out in (1.7), nothing in this section applies to a violation detected by an

automated vehicle identification system for driving twenty-five miles per hour or more in excess

of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the

maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle

identification system.

(1.7)(a)(I) Upon request from the department of transportation, the department of public safety

shall utilize an automated vehicle identification system to detect speeding violations under part

11 of this article 4 within a highway maintenance, repair, or construction zone designated

pursuant to section 42-4-614(1)(a), if the department of public safety complies with subsections

(2) to (6) of this section. An automated vehicle identification system shall not be used under this

subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is

being used.

(II) The department of public safety may contract with a vendor to implement this

subsection (1.7), including to:

(A) Notify violators;

(B) collect and remit the penalties and surcharges to the state treasury less the vendor’s

expenses;

(D) implement collection efforts; and

(E) Notify the department of public safety of unpaid violations for possible referral to

the judicial system.

(III) If the department of public safety contracts with a vendor, the contract must

incorporate the processing elements specified by the department of public safety.

(IV) No notice of violation or civil penalty assessment or a penalty or surcharge for a

violation detected by an automated vehicle identification system under this subsection (1.7)

shall be forwarded to the department for processing.

(b) The department of transportation shall reimburse the department of public safety for the

direct and indirect costs of complying with this subsection (1.7).

(2) A county or municipality may adopt an ordinance authorizing the use of an automated vehicle

identification system to detect violations of traffic regulations adopted by the county or

municipality, or the state, a county, a city and county, or a municipality may utilize an automated

vehicle identification system to detect traffic violations under state law, subject to the following

conditions and limitations:

(a)(I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.

(II) If the state, a county, a city and county, or a municipality detects any alleged violation

of a county or municipal traffic regulation or a traffic violation under state law through the

use of an automated vehicle identification system, then the state, county, city and county,

or municipality shall issue, or cause its vendor to issue, to the registered owner of the

motor vehicle involved in the alleged violation, by first-class mail, personal service, or by

any mail delivery service offered by an entity other than the United Stated Postal Service

that is equivalent to or superior to first-class mail with respect to delivery speed, reliability,

and price, a notice of violation:

(A) within thirty days after the alleged violation occurred if the motor vehicle involved in

the alleged violation is registered in the state; or

(B) within sixty days after the alleged violation occurred if the motor vehicle involved in

the alleged violation is registered outside of the state.

(III) the notice of violation must contain:

(A) the name and address of the registered owner of the motor vehicle involved in the

alleged violation;

(B) the license plate number of the motor vehicle involved in the alleged violation;

(D) the amount of the civil penalty prescribed for the alleged violation;

(E) the deadline for payment of the prescribed civil penalty and for disputing the alleged

violation; and

(F) information on how the registered owner may either dispute the alleged violation in a

hearing or pay the prescribed civil penalty.

(IV) If the state, a county, a city and county, or a municipality does not receive the

prescribed civil penalty or a written notice requesting a hearing to dispute the alleged

violation by the deadline stated on the notice of violation, which deadline must not be less

than forty-five days after the issuance date on the notice of violation, the state, county,

city and county or municipality shall issue, or cause its vendor to issue, by first-class mail,

personal service, or by any mail delivery service offered by an entity other than the United

Stated Postal Service that is equivalent to or superior to first-class mail with respect to

delivery speed, reliability, and price, a civil penalty assessment notice for the alleged

violation to the registered owner of the motor vehicle involved in the alleged violation no

later than thirty days after the deadline on the notice of violation.

(V) The civil penalty assessment notice must contain:

(A) the name and address of the registered owner of the motor vehicle involved in the

alleged violation;

(B) the license plate of the motor vehicle involved in the alleged violation;

(D) the amount of the civil penalty prescribed for the alleged violation;

(E) the deadline for payment of the prescribed civil penalty;

(F) information on how to pay the prescribed civil penalty.

(VI) if the registered owner of the motor vehicle fails to request a hearing to dispute the

alleged violation by the deadline stated in the notice of violation, the registered owner

waives any right to contest the violation or the amount of the prescribed civil penalty.

(VII) if the registered owner of the motor vehicle fails to pay in full the prescribed civil

penalty by the deadline stated in the civil penalty assessment notice, a final order of

liability shall be entered against the registered owner of the vehicle.

(VIII) Final orders may be appealed as to matters of law and fact to the county court in the

county where the alleged violation or the municipal court in the municipality where the

alleged violation occurred, the registered owner of the motor vehicle may assert in an

appeal that a notice of violation served by first-class mail or other mail delivery service was

not actually delivered. The appeal shall be a de novo hearing.

(IX) the state, a county, a city and county, or a municipality shall not initiate or pursue a

collection action against a registered owner of a motor vehicle for a debt resulting from an

unpaid penalty assessed pursuant to this section unless the registered owner is personally

served the notice of violation or the final order of liability.

(b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a

city and county, or a municipality shall not report to the department any conviction or entry

of judgment against a defendant for violation of a county or municipal traffic regulation or a

traffic violation under state law if the violation was detected through the use of an automated

vehicle identification system.

(d)(I) The state, a county, a city and county, or a municipality shall not use an automated

vehicle identification system to detect a violation of part 11 of this article 4 or a local speed

ordinance unless there is posted an appropriate temporary or permanent sign in a conspicuous

place not fewer than three hundred feet before the area in which the automated vehicle

identification system is to be used notifying the public that an automated vehicle

identification system is in use immediately ahead. The requirement of this subsection (2)(d)(I)

shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a

county, city and county, or municipality, nor by the posting of a permanent sign in an area in

which an automated vehicle identification system is to be used, but this subsection (2)(d)(I)

shall not be deemed a prohibition against the posting of such permanent signs.

(II) Except as provided in subsection (2)(d)(I) of this section, an automated vehicle

identification system designed to detect disobedience to a traffic control signal or another

violation of this article 4 or a local traffic ordinance shall not be used unless the state,

county, city and county, or municipality using such system conspicuously posts a sign

notifying the public that an automated vehicle identification system is in use immediately

ahead. The sign shall:

(A) Be placed in a conspicuous location not fewer than two hundred feet nor more than

five hundred feet before the automated vehicle identification system; and

(B) Use lettering that is at least four inches high for upper case letters and two and nine-

tenths inches high for lower case letters.

(e)(I) If the state, county, city and county, or municipality implements a new automated

vehicle identification system after July 1, 2023, that is not a replacement of an automated

vehicle identification system:

(A) the agency responsible for the automated vehicle identification system shall publicly

announce the implementation of the system through its website for at least 30 days prior

to the use of the system; and

(B) for the first thirty days after the system is install or deployed, only warnings may be

issued for violations of a county or municipal traffic regulation or traffic violation under

state law detected by the system.

(II) a state, county, city and county, or municipality may conduct an extended public

information campaign or warning period for systems installed or deployed either before or

after July 1, 2023.

(f) Repealed by SB 23-200.

(g)(I) The state, a county, a city and county, or a municipality shall not issue a notice of

violation or civil penalty assessment notice for a violation detected using an automated

vehicle identification system unless the violation occurred within a school zone, as defined in

section 42-4-615; within a residential neighborhood; within a maintenance, construction, or

repair zone designated pursuant to section 42-4-614; along a street that borders a municipal

park; or along a street or portion of a street that a county or municipality, by ordinance or by

a resolution of its governing body, designates as an automated vehicle identification corridor,

on which designated corridor the county or municipality may locate an automated vehicle

identification system to detect violations of a county or municipal traffic regulation or a

traffic violation under state law. Before a county or municipality begins operation of an

automated vehicle identification system in an automated vehicle identification corridor, the

county or municipality must:

(A) post a permanent sign in a conspicuous place not fewer than three hundred feet

before the beginning of the corridor and a permanent sign not fewer than three hundred

feet before each camera within the corridor thereafter or a temporary sign not fewer

than three hundred feet before any mobile camera;

(B) illustrate, through data collected within the past five years, incidents of crashes,

speeding, reckless driving, or community complaints on a street designated as an

automated vehicle identification corridor; and

Colorado state patrol.

(II) As used in this subsection (2)(g) unless the context otherwise requires, “residential

neighborhood” means any block on which a majority of the improvements along both sides

of the street are residential dwellings and the speed limit is thirty-five miles per hour or

less.

(III) This subsection (2)(g) does not apply to an automated vehicle identification system

designed to detect disobedience to a traffic control signal.

(IV) a county or municipality implementing an automated vehicle identification corridor

pursuant to subsection (2)(g)(I) of the section shall publish a report on its website disclosing

the number of citation and revenue generated by the automated vehicle identification

corridor.

(V)(A) notwithstanding the provisions of subsection (2)(g)(I) of this section, the state may

locate an automated vehicle identification system on a highway that is a part of the federal

interstate highway system and may issue a notice of violation or a civil penalty assessment

notice for a traffic violation under state law detected using the automated vehicle

identification system.

(B) a county, a city and county, or a municipality shall not locate an automated vehicle

identification system or create an automated vehicle identification corridor on any

highway that is a part of the federal interstate highway system.

(h) the state, county, a city and county, or a municipality shall not require a registered owner

of a vehicle to disclose the identity of a driver of the vehicle who is detected through the use

of an automated vehicle identification system. However, the registered owner may be

required to submit evidence that the owner was not the driver at the time of the alleged

violation.

(3) The department has no authority to assess any points against a license under section 42-2-127

upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic

violation under state law if the violation was detected through the use of an automated vehicle

identification system. The department shall not keep any record of such violation in the official

records maintained by the department under section 42-2-121.

(4)(a) If the state, a county, a city and county, or a municipality detects a speeding violation of

less than ten miles per hour over the reasonable and prudent speed under a municipal traffic

regulation or under state law through the use of an automated vehicle identification system and

the violation is the first violation by the registered owner that the state, county, city and county,

or municipality has detected using an automated vehicle identification system, then the state,

county, city and county, or municipality may mail the registered owner a warning regarding the

violation, but the state, county, city and county, or municipality shall not impose any penalty or

surcharge for such first violation.

(b)(I) If the state, a county, a city and county, or a municipality detects a second or

subsequent speeding violation under a municipal traffic regulation or under state law by a

driver, or a first such violation by the driver if the provisions of paragraph (a) of this

subsection (4) do not apply, through the use of an automated vehicle identification system,

then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum

penalty that the state, county, city and county, or municipality may impose for such violation,

including any surcharge, is forty dollars.

(II) If any violation described in subsection (4)(b)(I) of this section occurs within a school

zone, as defined in section 42-4-615, the maximum penalty that may be imposed shall be

doubled.

(III) Subsection (4)(b)(I) of this section does not apply within a maintenance, construction,

or repair zone designated pursuant to section 42-4-614.

(4.5) If the state, a county, a city and county, or a municipality detects a violation of a county or

municipal traffic regulation or under state law for disobedience to a traffic control signal through

the use of an automated vehicle identification system, the maximum civil penalty that the state, a

county, a city and county, or a municipality may impose for such violation, including any

surcharge, is seventy-five dollars.

(4.7) If a registered owner fails to pay a penalty imposed for a violation of a county or municipal

traffic regulation or a traffic violation under state law detected using an automated vehicle

identification system, the state, a county, a city and county, or a municipality shall not attempt

to enforce such a penalty by immobilizing the registered owner’s vehicle.

(5) If the state, a county, a city and county, or a municipality has established an automated

vehicle identification system for the enforcement of county or municipal traffic regulations or

state traffic laws, then no portion of any fine collected through the use of such system may be

paid to the manufacturer or vendor of the automated vehicle identification system equipment.

The compensation paid by the state, county, city and county, or municipality for such equipment

shall be based upon the value of such equipment and the value of any services provided to the

state, county, city and county or municipality and may not be based upon the number of traffic

citations issued or the revenue generated by such equipment.

(6)(a) As used in this section, the term “automated vehicle identification system” means a system

whereby:

(I) A machine is used to automatically detect a violation of a traffic regulation and

simultaneously record a photograph of the vehicle, the operator of the vehicle, and the

license plate of the vehicle; and

(II) A notice of violation or civil penalty assessment notice may be issued to the registered

owner of the motor vehicle.

(b) “automated vehicle identification system” includes a system used to detect a violation of

part 11 of this article 4 or a local speed ordinance, a system used to detect violations of

traffic restrictions imposed by traffic signals or traffic signs, and a system used to detect

violation of bus lane or bicycle lane restrictions.

(7) The state, county, city and county, or municipality and any vendor operating an automated

vehicle identification system shall, unless otherwise provided in this section:

(a) program the automated vehicle identification system to retain data only when a violation

of a county or municipal traffic regulation or traffic violation under state law occurs;

(b) treat all photographs and video collected by the automated motor vehicle identification

system as confidential and exempt from disclosure and inspection pursuant to the “Colorado

Open Records Act”, part 2 of article 72 of title 24;

data collected by the automated motor vehicle identification system except to the extent

necessary to operate the program, including for purposes of processing violations, for other

law enforcement purposes, for transferring data to a new vendor or operating system, or,

pursuant to a court order, for use in unrelated legal proceedings; and

(d) destroy any photographs and video of a violation collected by the automated vehicle

identification system within three years after the final disposition of the violation unless the

photographs or video are maintained in a separate system for other purposes allowed by law.

(I) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance,

construction, or repair zone designated pursuant to section 42-4-614.

111. Powers of Local Authorities.

(1) Except as otherwise provided in subsection (2) of this section, this article 4 does not prevent

local authorities, with respect to streets and highways under their jurisdiction and within the

reasonable exercise of the police power, from:

(a) Regulating or prohibiting the stopping, standing, or parking of vehicles, consistent with the

provisions of this article;

(b) Establishing parking meter zones where it is determined upon the basis of an engineering

and traffic investigation that the installation and operation of parking meetings is necessary to

aid in the regulation and control of the parking of vehicles during the hours and on the days

specified on parking meter signs;

with the provisions of this article;

(d) Regulating or prohibiting processions or assemblages on the highways, consistent with the

provisions of this article;

(e) Designating particular highways or roadways for use by traffic moving in one direction,

consistent with the provisions of this article;

(f) Designating any highway as a through highway or designating any intersection as a stop or

yield intersection, consistent with the provisions of this article;

(g) Designating truck routes and restricting the use of highways, consistent with the provisions

of this article;

(h) Regulating the operation of bicycles or electrical assisted bicycles and requiring the

registration and licensing of same, including the requirement of a registration fee, consistent

with the provisions of this article;

(i) Altering or establishing speed limits, consistent with the provisions of this article;

(j) Establishing speed limits for vehicles in public parks, consistent with the provisions of this

article;

(k) Determining and designating streets, parts of streets, or specific lanes thereon upon which

vehicular traffic shall proceed in one direction during one period and the opposite direction

during another period of the day, consistent with the provisions of this article;

(l) Regulating or prohibiting the turning of vehicles, consistent with the provisions of this

article;

(m) Designating no-passing zones, consistent with the provisions of this article;

(n) Prohibiting or regulating the use of controlled-access roadways by nonmotorized traffic or

other kinds of traffic, consistent with the provisions of this Code;

(o) Establishing minimum speed limits, consistent with the provisions of this Code;

(p) Designating hazardous railroad crossings, consistent with the provisions of this Code;

(q) Designating and regulating traffic on play streets, consistent with the provisions of this

article;

(r) Prohibiting or restricting pedestrian crossing, consistent with the provisions of this Code;

(s) Regulating the movement of traffic at school crossings by official traffic control devices or

by duly authorized school crossing guards, consistent with the provisions of the Code;

(t) Regulating persons propelling push carts;

(u) Regulating persons upon skates, coasters, sleds, or similar devices, consistent with the

provisions of this Code;

(v) Adopting such temporary or experimental regulations as may be necessary to cover

emergencies or special conditions;

(w) Adopting such other traffic regulations as are provided for by this article;

(x) Closing a street or portion thereof temporarily and establishing appropriate detours or an

alternative routing for the traffic affected, consistent with the provisions of this article;

(y) Regulating the local movement of traffic or the use of local streets where such is not

provided for in that article;

(z) Regulating the operation of low-powered scooters, consistent with the provisions of this

article; except that local authorities shall be prohibited from establishing any requirements

for the registration and licensing of low powered scooters;

(aa) Regulating the operation of low-speed electric vehicles, including, without limitation,

establishing a safety inspection program, on streets and highways under their jurisdiction by

resolution or ordinance of the governing body, if such regulation is consistent with this Code;

(bb) Authorizing and regulating the operation of golf cars on roadways by resolution or

ordinance of the governing body, if the authorization or regulation is consistent with this title

and does not authorize:

(I) An unlicensed driver of a golf car to carry a passenger who is under twenty-one years of

age;

(II) Operation of a golf car by a person under sixteen years of age; or

(III) Operation of a golf car on a state highway; except that the ordinance or resolution may

authorize a person to drive a golf car directly across a state highway at an at-grade

sidewalk, bike path, or pedestrian path consistent with section 42-4-117(I) and (3);

(cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a roadway, sidewalk, bike

path, or pedestrian path consistent with section 117(1) and (3);

(dd) Authorizing or prohibiting the use of an electrical assisted bicycle or electric scooter on a

bike or pedestrian path in accordance with section 42-4-1412;

(ee) Enacting the idling standards in conformity with section 42-14-103

(2)(a) An ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g), (i), (j), (k), (l),

(m), (n ), (o), (p), (q), (r ), (v), (x), (y), (aa), or (cc) of subsection (1) of this section may not take

effect until official signs or other traffic control devices conforming to standards as required by

section 42-4-602, and giving notice of the local traffic regulations are placed upon or at the

entrances to the highway or part thereof affected as may be most appropriate.

(b) Regulating the operation of an electric scooter consistent with this title 42.

the use of vehicles and motor vehicles on the state highway system that is subject to section

43-2-135, except in at-grade crossings where the roadway subject to the local authority’s

jurisdiction crosses the state highway. The local authority may regulate vehicles within such

crossings only to the extent necessary to effect the local authority’s power to regulate the

roadway under the local authority’s jurisdiction and only if the regulation or authorization

does not interfere with the normal operation of the state highway.

(3)(a) A board of county commissioners may by resolution authorize the use of designated portions

of unimproved county roads within the unincorporated portion of the county for motor vehicles

participating in timed endurance events and for such purposes shall make such regulations relating

to the use of such roads and the operation of vehicles as are consistent with public safety in the

conduct of such event and with the cooperation of county law enforcement officials.

(b) Such resolution by a board of county commissioners and regulations based thereon shall

designate the specific route which may be used in such event, the time limitations imposed

upon such use, any necessary restrictions in the use of such route by persons not participating

in such event, special regulations concerning the operation of vehicles while participating in

such event in which case any provisions of this article to the contrary shall not apply to such

event, and such requirements concerning the sponsorship of any such event as may be

reasonably necessary to assure adequate responsibility therefor.

112. Noninterference with the rights of owners of realty.

Subject to the exception provided in section 103(2), nothing in this Code shall be construed to

prevent the owner of real property used by the public for purposes of vehicular travel by

permission of the owner and not as matter of right from prohibiting such use, or from requiring

other or different or additional conditions than those specified in this Code, or from otherwise

regulating such use as may seem best to such owner.

113. Appropriations for administration of article.

(See §42-4-113)

114. Removal of traffic hazards.

(1) Local authorities, within their respective jurisdictions, may by written notice sent by certified

mail require the owner of real property abutting on the right-of-way of any highway, sidewalk, or

other public way to trim or remove, at the expense of said property owner, any tree limb or any

shrub, vine, hedge, or other plant which projects beyond the property line of such owner onto or

over the public right-of-way and thereby obstructs the view of traffic, obscures any traffic control

device, or otherwise constitutes a hazard to drivers or pedestrians.

(2) It is the duty of the property owner to remove any dead, overhanging boughs of trees located

on the premises of such property owner that endanger life or property on the public right-of-way.

(3) In the event that any property owner fails or neglects to trim or remove any such tree limb or

any such shrub, vine, hedge, or other plant within ten days after receipt of written notice from

said local authority to do so, said local authority may do or cause to be done the necessary work

incident thereto, and said property owner shall reimburse the state or local authority for the cost

of the work performed.

115. Information on traffic law enforcement - collection - profiling - annual report -

repeal. (Repealed)

116. Restrictions for minor drivers - definitions.

(1)(a) Except as provided in paragraph (c) of this subsection (1), a minor driver shall not operate a

motor vehicle containing a passenger who is under twenty-one years of age and who is not a

member of the driver’s immediate family until such driver has held a valid driver’s license for at

least six months.

(b) Except as provided in paragraph (c) of this subsection (1), a minor driver shall not operate

a motor vehicle containing more than one passenger who is under twenty-one years of age and

who is not a member of the driver’s immediate family until such driver has held a valid

driver’s license for at least one year.

(I) The motor vehicle contains the minor’s parent or legal guardian or other responsible

adult described in section 42-2-108;

(II) The motor vehicle contains an adult twenty-one years of age or older who currently

holds a valid driver’s license and has held such license for at least one year;

(III) The passenger who is under twenty-one years of age is in the vehicle on account of a

medical emergency;

(IV) All passengers who are under twenty-one years of age are members of the driver’s

immediate family and all such passengers are wearing a seatbelt.

(2)(a) Except as provided in paragraph (b) of this subsection (2), a minor driver shall not operate a

motor vehicle between 12 midnight and 5 a.m. until such driver has held a driver’s license for at

least one year.

(b) This subsection (2) shall not apply if:

(I) The motor vehicle contains the minor’s parent or legal guardian or other responsible

adult described in section 42-2-108;

(II) The motor vehicle contains an adult twenty-one years of age or older who currently

holds a valid driver’s license and has held such license for at least one year;

(III) The minor is driving to school or a school-authorized activity when the school does not

provide adequate transportation, so long as the driver possesses a signed statement from

the school official containing the date the activity will occur;

(IV) The minor is driving on account of employment when necessary, so long as the driver

possesses a signed statement from the employer verifying employment;

(V) The minor is driving on account of a medical emergency; or

(VI) The minor is an emancipated minor.

(3) A violation of this section is a traffic infraction, and, upon conviction, the violator may be

punished as follows:

(a) By the imposition of not less than eight hours nor more than twenty-four hours of

community service for a first offense and not less than sixteen hours nor more than forty hours

of community service for a subsequent offense;

(b) By the levying of a fine of not more than fifty dollars for a first offense, a fine of not more

than one hundred dollars for a second offense, and a fine of one hundred fifty dollars for a

subsequent offense;

(4) For the purposes of this section:

(a) “Emancipated minor” means an individual under eighteen years of age whose parents or

guardian has surrendered parental responsibilities, custody, and the right to the care and

earnings of such person, and are no longer under a duty to support such person.

(b) “Minor driver” means a person who is operating a motor vehicle and who is under eighteen

years of age.

(5) No driver in a motor vehicle shall be cited for a violation of this section unless such driver was

stopped by a law enforcement officer for an alleged violation of Codes 1 to 4 of Title 42 other

than a violation of this section.

117. Personal mobility devices.

(1) A rider of an EPAMD shall have all the same rights and duties as an operator of any other

vehicle under this Code, except as to those provisions that by their nature have no application.

(2) Unless otherwise prohibited, an EPAMD may be operated on a roadway in conformity with

vehicle use.

(3) An EPAMD shall not be operated:

(a) On a limited-access highway;

(b) On a bike or pedestrian path; or

(4) A person who violates this section commits a class B traffic infraction.2

(7) Repealed.

118. Establishment of wildlife crossing zones - report - repeal.

(1) The department of transportation created in section 43-1-103, in consultation with both the

Colorado state patrol created pursuant to section 24-33.5-201, and the division of wildlife created

pursuant to section 24-1-124(3)(h), in the department of natural resources, may establish areas

within the public highways of the state as wildlife crossing zones.

(2)(a) If the department of transportation establishes an area within a public highway of the state

as a wildlife crossing zone, the department of transportation may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616; and

(II) Establishing a lower speed limit for the portion of the highway that lies within the zone.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary, the

department of transportation shall not establish a lower speed limit for more than one

hundred miles of the public highways of the state that have been established as wildlife

crossing zones.

(3)(a) The department of transportation may establish an area within the federal highways of the

state as a wildlife crossing zone if the department of transportation receives authorization from

the federal government.

(b) If the department of transportation establishes an area within the federal highways of the

state as a wildlife crossing zone pursuant to paragraph (a) of this subsection (3), the

department of transportation may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616; and

(II) Establishing a lower speed limit for the portion of the highway that lies within the zone.

(4) If the department of transportation erects a new wildlife crossing zone sign pursuant to

subsection (2) or (3) of this section, it shall ensure that the sign indicates, in conformity with the

state traffic control manual, that increased traffic penalties are in effect within the wildlife

crossing zone. For the purposes of this section, it shall be sufficient that the sign states "increased

penalties in effect".

(5) In establishing a lower speed limit within a wildlife crossing zone, the department of

transportation shall give due consideration to factors including, but not limited to, the following:

(a) The percentage of traffic accidents that occur within the area that involve the presence of

wildlife on the public highway;

(b) The relative levels of traffic congestion and mobility in the area; and

and evening hours and involve the presence of wildlife on the public highway.

(6) As used in this section, unless the context otherwise requires, "wildlife" shall have the same

meaning as "big game" as set forth in section 33-1-102(2)

(7)(a) On or before March 1, 2012, the department of transportation shall prepare and submit to

the transportation and energy committee of the house of representatives and the transportation

committee of the senate, or any successor committees, a report concerning the implementation of

this section. The report, at a minimum, shall include:

(I) The location and length of each wildlife crossing zone that the department of

transportation has established pursuant to this section;

(II) The total number of miles within the public highways of the state that the department

of transportation has established as wildlife crossing zones pursuant to this section;

(III) The total number of wildlife crossing zones within the state for which the department

of transportation has established a lower speed limit, including identification of each

wildlife crossing zone for which the department has established a lower speed limit;

(IV) The effect, if any, that the establishment of each wildlife crossing zone has had in

reducing the frequency of traffic accidents within the area of the public highway that has

been established as a wildlife crossing zone; and

(V) A recommendation by the department of transportation as to whether the general

assembly should:

(A) Discontinue the establishment of wildlife crossing zones;

(B) Continue the establishment of wildlife crossing zones, as limited by the provisions of

paragraph (b) of subsection (1) of this section; or

paragraph (b) of subsection (1) of this section.

(b) This subsection (7) is repealed, effective March 2, 2012.

(8) Notwithstanding any other provision of this section, the department of transportation shall not

establish any area of any interstate highway as a wildlife crossing zone.

Part 2

Equipment

201. Obstruction of view or driving mechanism - hazardous situation.

(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such

number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of

the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.

(2) No person shall knowingly drive a vehicle while any passenger therein is riding in any manner

which endangers the safety of such passenger or others.

(3) A person shall not drive a motor vehicle equipped with a video display visible to the driver

while the motor vehicle is in motion. The provisions of this subsection (3) does not prohibit the

usage of a computer, data terminal, or safety equipment in a motor vehicle so long as the

computer, data terminal, or safety equipment is not used to display visual entertainment,

including internet browsing, social media, and e-mail, to the driver while the motor vehicle is in

motion.

(4) No vehicle shall be operated upon any highway unless the driver’s vision through any required

glass equipment is normal and unobstructed.

(5) No passenger in a vehicle shall ride in such position as to create a hazard for such passenger or

others, or to interfere with the driver’s view ahead or to the sides, or to interfere with the

driver’s control over the driving mechanism of the vehicle; nor shall the driver of a vehicle permit

any passenger therein to ride in such manner.

(6) No person shall hang on or otherwise attach himself or herself to the outside, top, hood, or

fenders of any vehicle, or to any other portion thereof, other than the specific enclosed portion of

such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if

such area is fully or partially enclosed on all four sides, while the same is in motion; nor shall the

operator knowingly permit any person to hang on or otherwise attach himself or herself to the

outside, top, hood, or fenders of any vehicle, or any other portion thereof, other than the specific

enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo

area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in

motion. This subsection (6) shall not apply to parades, caravans, or exhibitions which are officially

authorized or otherwise permitted by law.

(7) The provisions of subsection (6) of this section shall not apply to a vehicle owned by the United

States government or any agency or instrumentality thereof, or to a vehicle owned by the state of

Colorado or any of its political subdivisions, or to a privately owned vehicle when operating in a

governmental capacity under contract with or permit from any governmental subdivision or under

permit issued by the public utilities commission of the state of Colorado, when in the performance

of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is

equipped with adequate handrails and safeguards.

(8) Any person who violates any provision of this section commits a class A traffic infraction.

202. Unsafe vehicles - penalty – identification plates.

(1) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to

be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe

condition as to endanger any person, or which does not contain those parts or is not at all times

equipped with such lamps and other equipment in proper condition and adjustment as required in

this section and sections 204 to 231 and part 3 of this Code, or which is equipped in any manner in

violation of said sections and part 3 or for any person to do any act forbidden or fail to perform

any act required under said sections and part 3.

(2) The provisions of this section and sections 204 to 231 and part 3 of this Code with respect to

equipment on vehicles shall not apply to implements of husbandry or farm tractors, except as

made applicable in said sections and part 3.

(3) Nothing in this Code shall be construed to prohibit the use of additional parts and accessories

on any vehicle, consistent with the provisions of this Code.

(4)(a) Upon its approval, the department of revenue shall issue an identification plate for each

vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement of

equipment, used in any type of construction business which shall, when said plate is affixed,

exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section

and sections 204 to 231 of this Code.

(b) The department of revenue is authorized to promulgate written rules and regulations

governing the application for, issuance of, and supervision, administration, and revocation of

such identification plates and exemption authority and to prescribe the terms and conditions

under which said plates may be issued for each item as set forth in paragraph (a) of this

subsection (4), and the department of revenue, in so doing, shall consider the safety of users

of the public streets and highways and the type, nature, and use of such items set forth in

paragraph (a) of this subsection (4) for which exemption is sought.

and at such time as vision is not less than five hundred feet. No cargo or supplies shall be

hauled upon such exempt item except cargo and supplies used in normal operation of any such

item.

(d) The identification plate shall be of a size and type designated and approved by the

department. A fee of one dollar shall be charged and collected by the department for the

issuance of each such identification plate. All such fees so collected shall be paid to the state

treasurer who shall credit the same to the highway users tax fund for allocation and

expenditure as specified in section 43-4-205(5.5)(b).

(e) Each such identification plate shall be issued for a calendar year. Application for such

identification plates shall be made by the owner, and such plates shall be issued to the owner

of each such item described in paragraph (a) of this subsection (4). Whenever the owner

transfers, sells, or assigns the owner's interest therein, the exemption of such item shall

expire and the owner shall remove the identification plate therefrom and forward the same to

the department of revenue.

(f) An owner shall report a lost or damaged identification plate to the department of revenue,

and, upon application to and approval by the department of revenue, the department shall

issue a replacement plate upon payment to it of a fee of fifty cents.

(g) Notwithstanding the amount specified for any fee in this subsection (4), the executive

director of the department of revenue by rule or as otherwise provided by law may reduce the

amount of one or more of the fees if necessary pursuant to section 24-75-402(3), to reduce the

uncommitted reserves of the fund to which all or any portion of one or more of the fees is

credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive

director of the department of revenue by rule or as otherwise provided by law may increase

the amount of one or more of the fees as provided in section 24-75-402(4).

(5) Any person who violates any provision of this section commits a class A traffic infraction.

203. Unsafe vehicles - spot inspections.

(1) Uniformed police officers, at any time upon reasonable cause, may require the driver of a

vehicle to stop and submit such vehicle and its equipment to an inspection and such test with

reference thereto as may be appropriate. The fact that a vehicle is an older model vehicle shall

not alone constitute reasonable cause. In the event such vehicle is found to be in an unsafe

condition or the required equipment is not present or is not in proper repair and adjustment, the

officer may give a written notice and issue a summons to the driver. Said notice shall require that

such vehicle be placed in safe condition and properly equipped or that its equipment be placed in

proper repair and adjustment, the particulars of which shall be specified on said notice.

(2) In the event any such vehicle is, in the reasonable judgment of such police officer, in such

condition that further operation would be hazardous, the officer may require, in addition to the

instructions set forth in subsection (1) of this section, that the vehicle be moved at the operator’s

expense and not operated under its own power or that it be driven to the nearest garage or other

place of safety.

(3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1)

of this section or mailed pursuant to paragraph (b) of subsection (4) of this section shall comply

therewith and shall secure a certification upon such notice by a law enforcement officer that such

vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and

otherwise made to conform to the requirements of this Code. Said certification shall be returned

to the owner or driver for presentation in court as provided for in subsection (4) of this section.

(4)(a)(I) Except as provided for in subparagraph (II) or subparagraph (III) of this paragraph (a), any

owner receiving written notice and a summons pursuant to this section is guilty of a misdemeanor

traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars,

payable within thirty days after conviction.

(II) If the owner repairs the unsafe condition or installs or adjusts the required equipment

within thirty days after issuance of the notice and summons and presents the certification

required in subsection (3) of this section to the court of competent jurisdiction, the owner

shall be punished by a fine of five dollars.

(III) If the owner submits to the court of competent jurisdiction within thirty days after the

issuance of the summons proof that the owner has disposed of the vehicle for junk parts or

immobilized the vehicle and also submits to the court the registration and license plates for

the vehicle, the owner shall be punished by a fine of five dollars. If the owner wishes to

relicense the vehicle in the future, the owner must obtain the certification required in

subsection (3) of this section.

(b)(I) Except as provided for in subparagraph (II) of this paragraph (b), any nonowner driver

receiving written notice and a summons pursuant to this section is guilty of a misdemeanor

traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred

dollars, payable within thirty days after conviction.

(II) If the driver submits to the court of competent jurisdiction within thirty days after the

issuance of the summons proof that the driver was not the owner of the car at the time the

summons was issued and that the driver mailed, within five days of issuance thereof, a copy

of the notice and summons by certified mail to the owner of the vehicle at the address on

the registration, the driver shall be punished by a fine of five dollars.

within thirty days after issuance of the notice and summons, the court of competent

jurisdiction may extend the period of time for installation or adjustment of required

equipment as may appear justified.

(d) The owner may, in lieu of appearance, submit to the court of competent jurisdiction,

within thirty days after the issuance of the notice and summons, the certification specified in

subsection (3) of this section and the fine of five dollars.

204. When lighted lamps are required.

(1) Every vehicle upon a highway within this state, between sunset and sunrise and at any other

time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles

on the highway are not clearly discernible at a distance of one thousand feet ahead, shall display

lighted lamps and illuminating devices as required by this Code for different classes of vehicles,

subject to exceptions with respect to parked vehicles.

(2) Whenever requirement is declared by this Code as to distance from which certain lamps and

devices shall render objects visible or within which such lamps or devices shall be visible, said

provisions shall apply during the times stated in subsection (1) of this section in respect to a

vehicle without load when upon a straight, level, unlighted highway under normal atmospheric

conditions, unless a different time or condition is expressly stated.

(3) Whenever requirement is declared by this Code as to the mounted height of lamps or devices,

it shall mean from the center of such lamp or device to the level ground upon which the vehicle

stands when such vehicle is without a load.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

205. Head lamps on motor vehicles - penalty.

(1) Every motor vehicle other than a motorcycle or autocycle, shall be equipped with at least two

head lamps with at least one on each side of the front of the motor vehicle. The head lamps shall

comply with the requirements and limitations set forth in sections 202 and 204 to 231 and part 3

of this Code where applicable.

(2) Every motorcycle or autocycle shall be equipped with at least one and not more than two head

lamps that comply with the requirements and limitations of sections 202 and 204 to 231 and part 3

of this Code where applicable.

(3) Every head lamp upon every motor vehicle, including every motorcycle, shall be located at a

height measured from the center of the head lamp of not more than fifty-four inches nor less than

twenty-four inches, to be measured as set forth in section 204 (3).

(4) Any person who violates any provision of this section commits a class B traffic infraction.

206. Tail lamps and reflectors - penalty.

(1) Every motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle which is being

drawn at the end of a train of vehicles must be equipped with at least one tail lamp mounted on

the rear, which, when lighted as required in section 204, emits a red light plainly visible from a

distance of five hundred feet to the rear; except that, in the case of a train of vehicles, only the

tail lamp on the rear-most vehicle need actually be seen from the distance specified, and except

as provided in section 204. Furthermore, every such vehicle registered in this state and

manufactured or assembled after January 1, 1958, must be equipped with at least two tail lamps

mounted on the rear, on the same level and as widely spaced laterally as practicable, which,

when lighted as required in section 204, comply with the provisions of this section.

(2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two

inches nor less than twenty inches, to be measured as set forth in section 204 (3).

(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a

white light the rear registration plate and render it clearly legible from a distance of fifty feet to

the rear. Any tail lamp, together with any separate lamp for illuminating the rear registration

plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are

lighted.

(4) Every motor vehicle operated on and after January 1, 1958, upon a highway in the state of

Colorado must carry on the rear, either as part of a tail lamp or separately, one red reflector

meeting the requirements of this section; except that vehicles of the type mentioned in section

207 shall be equipped with reflectors as required in those sections applicable thereto and except

as provided in section 204.

(5) Every new motor vehicle sold on or after January 1, 1958, and operated upon a highway shall

carry on the rear, whether as a part of the tail lamps or separately, two red reflectors; except

that every motorcycle or autocycle shall carry at least one reflector meeting the requirements of

this section, and vehicles of the type mentioned in section 207 shall be equipped with reflectors

as required in this part 2.

(6) Every reflector shall be mounted on the vehicle at a height of not less than twenty inches nor

more than sixty inches, measured as set forth in section 204 (3) and shall be of such size and

characteristics and so mounted as to be visible at night from all distances within three hundred

fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams and

head lamps; except that visibility from a greater distance is required by law of reflectors on

certain types of vehicles.

(7) Any person who violates any provision of this section commits a class B traffic infraction.

207. Clearance and identification.

(1) Every vehicle designed or used for the transportation of property or for the transportation of

persons shall display lighted lamps at the times mentioned in section 204 when and as required in

this section.

(2) Clearance lamps.

(a) Every motor vehicle or motor-drawn vehicle having a width at any part in excess of eighty

inches shall be equipped with four clearance lamps located as follows:

(I) Two on the front and one at each side, displaying an amber light visible from a distance

of five hundred feet to the front of the vehicle;

(II) Two on the rear and one at each side, displaying a red light visible only to the rear and

visible from a distance of five hundred feet to the rear of the vehicle, which said rear

clearance lamps shall be in addition to the rear red lamp required in section 206.

(b) All clearance lamps required shall be placed on the extreme sides and located on the

highest stationary support; except that, when three or more identification lamps are mounted

on the rear of a vehicle on the vertical center line and at the extreme height of the vehicle,

rear clearance lamps may be mounted at optional height.

front clearance lamps as provided in this section, may be, but is not required to be, equipped

with front clearance lamps if the towing vehicle is of equal or greater width than the towed

vehicle.

(d) All clearance lamps required in this section shall be of a type approved by the department

of revenue.

(3) Side marker lamps.

(a) Every motor vehicle or motor-drawn vehicle or combination of such vehicles which exceeds

thirty feet in overall length shall be equipped with four side marker lamps located as follows:

(I) One on each side near the front displaying an amber light visible from a distance of five

hundred feet to the side of the vehicle on which it is located;

(II) One on each side near the rear displaying a red light visible from a distance of five

hundred feet to the side of the vehicle on which it is located; but the rear marker light shall

not be so placed as to be visible from the front of the vehicle.

(b) Each side marker lamp required shall be located not less than fifteen inches above the

level on which the vehicle stands.

visible from a distance of five hundred feet at right angles to the sides of the vehicles, they

shall be deemed to meet the requirements as to marker lamps in this subsection (3).

(d) All marker lamps required in this section shall be of a type approved by the department of

revenue.

(4) Clearance reflectors.

(a) Every motor vehicle having a width at any part in excess of eighty inches shall be equipped

with clearance reflectors located as follows:

(I) Two red reflectors on the rear and one at each side, located not more than one inch

from the extreme outside edges of the vehicle;

(II) All such reflectors shall be located not more than sixty inches nor less than fifteen

inches above the level on which the vehicle stands.

(b) One or both of the required rear red reflectors may be incorporated within the tail lamp or

tail lamps if any such tail lamps meet the location limits specified for reflectors.

(5) Side marker reflectors.

(a) Every motor vehicle or motor-drawn vehicle or combination of vehicles which exceeds

thirty feet in overall length shall be equipped with four side marker reflectors located as

follows:

(I) One amber reflector on each side near the front;

(II) One red reflector on each side near the rear.

(b) Each side marker reflector shall be located not more than sixty inches nor less than fifteen

inches above the level on which the vehicle stands.

(6) Any person who violates any provision of this section commits a class B traffic infraction.

(7) Nothing in this section shall be construed to supersede any federal motor vehicle safety

standard established pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966”,

Public Law 89-563, as amended.

208. Stop lamps and turn signals - penalty.

(1) Every motor vehicle or motor-drawn vehicle shall be equipped with a stop light in good working

order at all times and shall meet the requirements of section 215 (1).

(2) A person shall not sell or offer for sale or operate on the highways any motor vehicle registered

in this state and manufactured or assembled after January 1, 1958, unless it is equipped with at

least two stop lamps meeting the requirements of section 215 (1); except that a motorcycle or

autocycle manufactured or assembled after January 1, 1958, must be equipped with at least one

stop lamp meeting the requirements of section 215 (1).

(3) A person shall not sell or offer for sale or operate on the highways any motor vehicle, trailer,

or semitrailer registered in this state and manufactured or assembled after January 1, 1958, and a

person shall not operate any motor vehicle, trailer, or semitrailer on the highways when the

distance from the center of the top of the steering post to the left outside limit of the body, cab,

or load of the motor vehicle exceeds twenty-four inches, unless it is equipped with electrical turn

signals meeting the requirements of section 215 (2). This subsection (3) does not apply to any

motorcycle, autocycle, or low-power scooter.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

209. Lamp or flag on projecting load.

Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body

of such vehicle, there shall be displayed at the extreme rear end of the load, at the time specified

in section 204, a red light or lantern plainly visible from a distance of at least five hundred feet to

the sides and rear. The red light or lantern required under this section shall be in addition to the

red rear light required upon every vehicle. At any other time, there shall be displayed at the

extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung

that the entire area is visible to the driver of a vehicle approaching from the rear. Any person who

violates any provision of this section commits a class A traffic infraction.

210. Lamps on parked vehicles.

(1) Whenever a vehicle is lawfully parked upon a highway during the hours between sunset and

sunrise and in the event there is sufficient light to reveal any person or object within a distance of

one thousand feet upon such highway, no lights need be displayed upon such parked vehicle.

(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto,

whether attended or unattended, during the hours between sunset and sunrise and there is not

sufficient light to reveal any person or object within a distance of one thousand feet upon such

highway, such vehicle so parked or stopped shall be equipped with one or more operating lamps

meeting the following requirements: At least one lamp shall display a white or amber light visible

from a distance of five hundred feet to the front of the vehicle, and the same lamp or at least one

other lamp shall display a red light visible from a distance of five hundred feet to the rear of the

vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or

combination of lamps meeting the requirements of this section is installed as near as practicable

to the side of the vehicle that is closer to passing traffic. This subsection (2) shall not apply to a

low-power scooter.

(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

(5) This section shall not apply to low-speed electric vehicles.

211. Lamps on farm equipment and other vehicles and equipment.

(1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry

not equipped with an electric lighting system shall, at all times mentioned in section 204, be

equipped with at least one lamp displaying a white light visible from a distance of not less than

five hundred feet to the front of such vehicle and shall also be equipped with at least one lamp

displaying a red light visible from a distance of not less than five hundred feet to the rear of such

vehicle.

(2) Every self-propelled unit of farm equipment not equipped with an electric lighting system

shall, at all times mentioned in section 204, in addition to the lamps required in subsection (1) of

this section, be equipped with two red reflectors visible from all distances within six hundred feet

to one hundred feet to the rear when directly in front of lawful upper beams of head lamps.

(3) Every combination of farm tractor and towed unit of farm equipment or implement of

husbandry not equipped with an electric lighting system shall, at all times mentioned in section

204, be equipped with the following lamps:

(a) At least one lamp mounted to indicate as nearly as practicable to the extreme left

projection of said combination and displaying a white light visible from a distance of not less

than five hundred feet to the front of said combination;

(b) Two lamps each displaying a red light visible when lighted from a distance of not less than

five hundred feet to the rear of said combination or, as an alternative, at least one lamp

displaying a red light visible from a distance of not less than five hundred feet to the rear

thereof and two red reflectors visible from all distances within six hundred feet to one

hundred feet to the rear thereof when illuminated by the upper beams of head lamps.

(4) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry

equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped

with two single-beam head lamps meeting the requirements of section 216 or 218, respectively,

and at least one red lamp visible from a distance of not less than five hundred feet to the rear;

but every such self-propelled unit of farm equipment other than a farm tractor shall have two

such red lamps or, as an alternative, one such red lamp and two red reflectors visible from all

distances within six hundred feet to one hundred feet when directly in front of lawful upper

beams of head lamps.

(5)(a) Every combination of farm tractor and towed farm equipment or towed implement of

husbandry equipped with an electric lighting system shall, at all times mentioned in section 204,

be equipped with lamps as follows:

(I) The farm tractor element of every such combination shall be equipped as required in

subsection (4) of this section.

(II) The towed unit of farm equipment or implement of husbandry element of such

combination shall be equipped with two red lamps visible from a distance of not less than

five hundred feet to the rear or, as an alternative, two red reflectors visible from all

distances within six hundred feet to the rear when directly in front of lawful upper beams of

head lamps.

(b) Said combinations shall also be equipped with a lamp displaying a white or amber light, or

any shade of color between white and amber, visible from a distance of not less than five

hundred feet to the front and a lamp displaying a red light visible when lighted from a

distance of not less than five hundred feet to the rear.

(6) The lamps and reflectors required in this section shall be so positioned as to show from front

and rear as nearly as practicable the extreme projection of the vehicle carrying them on the side

of the roadway used in passing such vehicle. If a farm tractor or a unit of farm equipment,

whether self-propelled or towed, is equipped with two or more lamps or reflectors visible from

the front or two or more lamps or reflectors visible from the rear, such lamps or reflectors shall be

so positioned that the extreme projections, both to the right and to the left of said vehicle, shall

be indicated as nearly as practicable.

(7) Every vehicle, including animal-drawn vehicles and vehicles referred to in section 202 (2), not

specifically required by the provisions of this Code to be equipped with lamps or other lighting

devices shall at all times specified in section 204 be equipped with at least one lamp displaying a

white light visible from a distance of not less than five hundred feet to the front of said vehicle

and shall also be equipped with two lamps displaying red lights visible from a distance of not less

than five hundred feet to the rear of said vehicle or, as an alternative, one lamp displaying a red

light visible from a distance of not less than five hundred feet to the rear and two red reflectors

visible for distances of one hundred feet to six hundred feet to the rear when illuminated by the

upper beams of head lamps.

(8) Any person who violates any provision of this section commits a class B traffic infraction.

212. Spot lamps and auxiliary lamps.

(1) Any motor vehicle may be equipped with not more than two spot lamps, and every lighted spot

lamp shall be so aimed and used upon approaching another vehicle that no part of the high

intensity portion of the beam will be directed to the left of the prolongation of the extreme left

side of the vehicle nor more than one hundred feet ahead of the vehicle.

(2) Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at

a height of not less than twelve inches nor more than thirty inches above the level surface upon

which the vehicle stands and so aimed that, when the vehicle is not loaded, none of the high-

intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-

five feet ahead project higher than a level of four inches below the level of the center of the lamp

from which it comes. Lighted fog lamps meeting the requirements of this subsection (2) may be

used with lower head-lamp beams as specified in section 216 (1)(b).

(3) Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted

on the front at a height of not less than twenty inches nor more than forty-two inches above the

level surface upon which the vehicle stands. The provisions of section 216 shall apply to any

combination of head lamps and auxiliary passing lamps.

(4) Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted

on the front at a height of not less than sixteen inches nor more than forty-two inches above the

level surface upon which the vehicle stands. The provisions of section 216 shall apply to any

combination of head lamps and auxiliary driving lamps.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

213. Audible and visual signals on emergency vehicles.

(1) Except as otherwise provided in this section or in section 42-4-222 in the case of volunteer fire

vehicles and volunteer ambulances, every authorized emergency vehicle shall, in addition to any

other equipment and distinctive markings required by this Code, be equipped as a minimum with a

siren and a horn. Such devices shall be capable of emitting a sound audible under normal

conditions from a distance of not less than five hundred feet.

(2) Every authorized emergency vehicle, except those used as undercover vehicles by

governmental agencies, shall, in addition to any other equipment and distinctive markings

required by this Code, be equipped with at least one signal lamp mounted as high as practicable,

which shall be capable of displaying a flashing, oscillating, or rotating red light to the front and to

the rear having sufficient intensity to be visible at five hundred feet in normal sunlight. In addition

to the required red light, flashing, oscillating, or rotating signal lights may be used which emit

blue, white, or blue in combination with white.

(3) A police vehicle, when used as an authorized emergency vehicle, may but need not be

equipped with the red lights specified in this section.

(4) Any authorized emergency vehicle, including those authorized by section 222, may be

equipped with green flashing lights, mounted at sufficient height and having sufficient intensity to

be visible at five hundred feet in all directions in normal daylight. Such lights may only be used at

the single designated command post at any emergency location or incident and only when such

command post is stationary. The single command post shall be designated by the on-scene

incident commander in accordance with local or state government emergency plans. Any other use

of a green light by a vehicle shall constitute a violation of this section.

(5) The use of either the audible or the visual signal equipment described in this section shall

impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in

section 705.

(6) Any person who violates any provision of this section commits a class A traffic infraction.

214. Visual signals on service vehicles.

(1) Except as otherwise provided in this section, every authorized service vehicle must, in addition

to any other equipment required by this Code, be equipped with one or more warning lamps

mounted as high as practicable, which must be capable of displaying in all directions one or more

flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of

colors may be used as a warning lamp on an authorized service vehicle; except that an authorized

service vehicle snowplow operated by a state, county, or local government may also be equipped

with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps.

Lighted directional signs used by police and highway departments to direct traffic need not be

visible except to the front and rear. Such lights must have sufficient intensity to be visible at five

hundred feet in normal sunlight.

(2) The warning lamps authorized in subsection (1) of this section shall be activated by the

operator of an authorized service vehicle only when the vehicle is operating upon the roadway so

as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from

the duty of using due care for the safety of others or from the obligation of using any other safety

equipment or protective devices that are required by this Code. Service vehicles authorized to

operate also as emergency vehicles shall also be equipped to comply with signal requirements for

emergency vehicles.

(3) Whenever an authorized service vehicle is performing its service function and is displaying

lights as authorized in subsection (1) of this section, drivers of all other vehicles shall exercise

more than ordinary care and caution in approaching, overtaking, or passing such service vehicle

and, in the case of highway and traffic maintenance equipment engaged in work upon the

highway, shall comply with the instructions of section 712.

(4) On or after January 1, 1978, only authorized service vehicles shall be equipped with the

warning lights authorized in subsection (1) of this section.

(5) The department of transportation shall determine by rule which types of vehicles render an

essential public service when operating on or along a roadway and warrant designation as

authorized service vehicles under specified conditions, including, without limitation, vehicles that

sell or apply chains or other equipment to motor vehicles necessary to enable compliance with

section 106.

(6)(a) Any person who violates any provision of this section commits a class B traffic infraction;

except that a person commits a class A traffic infraction if the person passes an authorized service

vehicle snowplow that is operated by a state, county, or local government, displaying lights as

authorized in subsection (1) of this section, and performing its service function in echelon

formation with one or more other such snowplows.

(b) As used in this subsection (6), unless the context otherwise requires, “echelon formation”

mean a formation in which snowplows are arranged diagonally, with each unit stationed

behind and to the right, or behind and to the left, of the unit ahead.

215. Signal lamps and devices – additional lighting equipment.

(1) Any motor vehicle may be equipped, and when required under this Code shall be equipped,

with a stop lamp or lamps on the rear of the vehicle which, except as provided in section 204,

shall display a red or amber light, or any shade of color between red and amber, visible from a

distance of not less than one hundred feet to the rear in normal sunlight, and which shall be

actuated upon application of the service (foot) brake, and which may but need not be

incorporated with one or more other rear lamps. Such stop lamp or lamps may also be

automatically actuated by a mechanical device when the vehicle is reducing speed or stopping. If

two or more stop lamps are installed on any motor vehicle, any device actuating such lamps shall

be so designed and installed that all stop lamps are actuated by such device.

(2) Any motor vehicle may be equipped, and when required under this Code shall be equipped,

with lamps showing to the front and rear for the purpose of indicating an intention to turn either

to the right or to the left. Such lamps showing to the front shall be located on the same level and

as widely spaced laterally as practicable and when in use shall display a white or amber light, or

any shade of color between white and amber, visible from a distance of not less than one hundred

feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the

same level and as widely spaced laterally as practicable and, except as provided in section 204,

when in use shall display a red or amber light, or any shade of color between red and amber,

visible from a distance of not less than one hundred feet to the rear in normal sunlight. When

actuated, such lamps shall indicate the intended direction of turning by flashing the light showing

to the front and rear on the side toward which the turn is made.

(3) No stop lamp or signal lamp shall project a glaring or dazzling light.

(4) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which

shall emit an amber or white light without glare.

(5) Any motor vehicle may be equipped with not more than one running board courtesy lamp on

each side thereof, which shall emit a white or amber light without glare.

(6) Any motor vehicle may be equipped with not more than two back-up lamps either separately or

in combination with other lamps, but no such back-up lamp shall be lighted when the motor

vehicle is in forward motion.

(7) Any vehicle may be equipped with lamps which may be used for the purpose of warning the

operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of

unusual care in approaching, overtaking, or passing and, when so equipped and when the said

vehicle is not in motion or is being operated at a speed of twenty-five miles per hour or less and at

no other time, may display such warning in addition to any other warning signals required by this

Code. The lamps used to display such warning to the front shall be mounted at the same level and

as widely spaced laterally as practicable and shall display simultaneously flashing white or amber

lights, or any shade of color between white and amber. The lamps used to display such warning to

the rear shall be mounted at the same level and as widely spaced laterally as practicable and,

except as provided in section 204, shall show simultaneously flashing amber or red lights, or any

shade of color between amber and red. These warning lights shall be visible from a distance of not

less than five hundred feet under normal atmospheric conditions at night.

(8) Any vehicle eighty inches or more in overall width may be equipped with not more than three

identification lamps showing to the front which shall emit an amber light without glare and not

more than three identification lamps showing to the rear which shall emit a red light without

glare. Such lamps shall be mounted horizontally.

(9) Any person who violates any provision of this section commits a class B traffic infraction.

215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles.

Repealed.

216. Multiple-beam road lights - penalty.

(1) Except as provided in this Code, the head lamps or the auxiliary driving lamp or the auxiliary

passing lamp or combination of lamps on motor vehicles, other than motorcycles, autocycles, or

low-power scooters, shall be arranged so that the driver may select at will between distributions

of light projected to different elevations, and the lamps may, in addition, be so arranged that

such selection can be made automatically, subject to the following limitations:

(a) There shall be an uppermost distribution of light or composite beam so aimed and of such

intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet

ahead for all conditions of loading.

(b) There shall be a lowermost distribution of light or composite beam so aimed and of

sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet

ahead; and on a straight level road under any condition of loading, none of the high-intensity

portion of the beam shall be directed to strike the eyes of an approaching driver.

(1.5) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary

driving lamps shall be permitted for low-speed electric vehicles in lieu of multiple beam, road-

lighting equipment specified in this section if the single distribution of light complies with

paragraph (b) of subsection (1) of this section.

(2) A new motor vehicle, other than a motorcycle, autocycle, or low-power scooter, that has

multiple beam road-lighting equipment, shall be equipped with a beam indicator, which shall be

lighted whenever the uppermost distribution of light from the head lamps is in use and shall not

otherwise be lighted. The indicator shall be designed and located so that when lighted it will be

readily visible without glare to the driver of the vehicle so equipped.

(3) Any person who violates any provision of this section commits a class B traffic infraction.

217. Use of multiple-beam lights.

(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during

the times specified in section 204, the driver shall use a distribution of light, or composite beam,

directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in

advance of the vehicle, subject to the following requirements and limitations:

(a) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet,

such driver shall use a distribution of light or composite beam so aimed that the glaring rays

are not projected into the eyes of the oncoming driver. The lowermost distribution of light or

composite beam specified in section 216 (1)(b) shall be deemed to avoid glare at all times,

regardless of road contour and loading.

(b) Whenever the driver of a vehicle follows another vehicle within two hundred feet to the

rear, except when engaged in the act of overtaking and passing, such driver shall use a

distribution of light permissible under this title other than the uppermost distribution of light

specified in section 216 (1)(a).

(1.5).

(2) Any person who violates any provision of this section commits a class A traffic infraction.

218. Single-beam road-lighting equipment.

(1) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary

driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 15, 1936,

in lieu of multiple-beam road-lighting equipment specified in section 216 if the single distribution

of light complies with the following requirements and limitations:

(a) The head lamps shall be so aimed that when the vehicle is not loaded none of the high-

intensity portion of the light shall, at a distance of twenty-five feet ahead, project higher

than a level of five inches below the level of the center of the lamp from which it comes and

in no case higher than forty-two inches above the level on which the vehicle stands at a

distance of seventy-five feet ahead.

(b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two

hundred feet.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

219. Number of lamps permitted.

Whenever a motor vehicle equipped with head lamps as required in this Code is also equipped with

any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an

intensity greater than three hundred candlepower, not more than a total of four of any such lamps

on the front of a vehicle shall be lighted at any one time when upon a highway. Any person who

violates any provision of this section commits a class B traffic infraction.

220. Low-power scooters – lighting equipment - department control - use and

operation.

(1)(a) A low-power scooter when in use at the times specified in section 204 shall be equipped

with a lamp on the front that shall emit a white light visible from a distance of at least five

hundred feet to the front and with a red reflector on the rear, of a type approved by the

department, that shall be visible from all distances from fifty feet to three hundred feet to the

rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp

emitting a red light visible from a distance of five hundred feet to the rear may be used in

addition to the red reflector.

(b) No person shall operate a low-power scooter unless it is equipped with a bell or other

device capable of giving a signal audible for a distance of at least one hundred feet; except

that a low-power scooter shall not be equipped with nor shall any person use upon a low-

power scooter a siren or whistle.

the braked wheels skid on dry, level, clean pavement.

(2) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1274, § 44, effective October 1,

2009.)

(3)(a) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot

lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus

warning lamps, which projects a beam of light of an intensity greater than three hundred

candlepower shall be so directed that no part of the high-intensity portion of the beam will strike

the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet

from the vehicle.

(b) Repealed

simultaneously flashing hazard warning lights as provided by section 215 (7).

(4) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the equipment

of a motor vehicle, trailer, or semitrailer or for use upon any such vehicle, any head lamp,

auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this

Code, or parts of any of the foregoing which tend to change the original design or performance

thereof, unless of a type which has been approved by the department of revenue.

(5) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the equipment

of a motor vehicle, trailer, or semitrailer, any lamp or device mentioned in this section which has

been approved by the department unless such lamp or device bears thereon the trademark or

name under which it is approved so as to be legible when installed.

(6) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this

section unless said lamps are mounted, adjusted, and aimed in accordance with instructions of the

department of revenue.

(7) Any person who violates any provision of this section commits a class B traffic infraction.

221. Bicycle, electric scooter, and personal mobility device equipment.

(1) No other provision of this part 2 and no provision of part 3 of article 4 applies to a bicycle,

electrical assisted bicycle, electric scooter, or EPAMD or to equipment for use on a bicycle,

electrical assisted bicycle, electric scooter, or EPAMD except those provisions in this Article 4

made specifically applicable to such a vehicle.

(2) Every bicycle, electrical assisted bicycle, or EPAMD in use at the times described in section 204

shall be equipped with a lamp on the front emitting a white light visible from a distance of at

least five hundred feet to the front.

(3) Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD shall be equipped with a

red reflector of a type approved by the department, which shall be visible for six hundred feet to

the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

(4) Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD when in use at the times

described in section 204 shall be equipped with reflective material of sufficient size and

reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower

beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp

visible from both sides from a distance of at least five hundred feet.

(5) A bicycle, electrical assisted bicycle, electric scooter, or EPAMD or its rider may be equipped

with lights or reflectors in addition to those required by subsections (2) to (4) of this section.

(6) A bicycle, electrical assisted bicycle, or electric scooter shall not be equipped with, nor shall

any person use upon a bicycle, electrical assisted bicycle, or electric scooter, any siren or whistle.

(7) Every bicycle, electrical assisted bicycle, or electric scooter shall be equipped with a brake or

brakes that will enable its rider to stop the bicycle, electrical assisted bicycle, or electric scooter

within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.

(8) A person engaged in the business of selling bicycles, electrical assisted bicycles, or electric

scooters at retail shall not sell any bicycle, electrical assisted bicycle, or electric scooter, unless

the bicycle, electrical assisted bicycle, or electric scooter, has an identifying number permanently

stamped or cast on its frame.

(8.5) A local government may regulate the operation of an electric scooter in a manner that is no

more restrictive than the manner in which the local government may regulate the operation of a

class 1 electric assisted bicycle.

(9)(a) On or after January 1, 2018, every manufacturer or distributor of new electrical assisted

bicycles intended for sale or distribution in this state shall permanently affix to each electrical

assisted bicycle, in a prominent location, a label that contains the classification number, top

assisted speed, and motor wattage of the electrical assisted bicycle. The label must be printed in

the Arial font in at least nine-point type.

(b) A person shall not knowingly modify an electrical assisted bicycle so as to change the

speed capability or motor engagement of the electrical assisted bicycle without also

appropriately replacing, or causing to be replaced, the label indicating the classification

required by subsection (9)(a) of this section.

(10)(a) An electrical assisted bicycle must comply with the equipment and manufacturing

requirements for bicycles adopted by the United States consumer product safety commission and

codified at 16 CFR 1512 or its successor regulation.

(b) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is

disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electrical

assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and

that causes the electric motor to disengage or cease to function when the rider stops

pedaling.

miles per hours, the speed the electrical assisted bicycle is traveling.

(11) A person who violated this section commits a class B traffic infraction.

222. Volunteer firefighters – volunteer ambulance–attendants - special lights and

alarm systems.

(1)(a) All members of volunteer fire departments regularly attached to the fire departments

organized within incorporated towns, counties, cities, and fire protection districts and all

members of a volunteer ambulance service regularly attached to a volunteer ambulance service

within an area that the ambulance service would be reasonably expected to serve may have their

private automobiles equipped with a signal lamp or a combination of signal lamps capable of

displaying flashing, oscillating, or rotating red lights visible to the front and rear at five hundred

feet in normal sunlight. In addition to the red light, flashing, oscillating, or rotating signal lights

may be used that emit white or white in combination with red lights. At least one of such signal

lamps or combination of signal lamps shall be mounted on the top of the automobile. Said

automobiles may be equipped with audible signal systems such as sirens, whistles, or bells. Said

lights, together with any signal systems authorized by this subsection (1), may be used only as

authorized by subsection (3) of this section or when a member of a fire department is responding

to or attending a fire alarm or other emergency or when a member of an ambulance service is

responding to an emergency requiring the member’s services. Except as authorized in subsection

(3) of this section, neither such lights nor such signals shall be used for any other purpose than

those set forth in this subsection (1). If used for any other purpose, such use shall constitute a

violation of this subsection (1), and the violator commits a class B traffic infraction.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a member of a

volunteer fire department or a volunteer ambulance service may equip his or her private

automobile with the equipment described in paragraph (a) of this subsection (1) only after

receiving a permit for the equipment from the fire chief of the fire department or chief

executive officer of the ambulance service through which the volunteer serves.

(2) (Deleted by amendment, L. 96, p. 957, § 3, effective July 1, 1996.)

(3) A fire engine collector or member of a fire department may use the signal system authorized

by subsection (1) of this section in a funeral, parade, or for other special purposes if the

circumstances would not lead a reasonable person to believe that such vehicle is responding to an

actual emergency.

223. Brakes – penalty.

(1) Brake equipment required:

(a) Every motor vehicle, other than a motorcycle or autocycle, when operated upon a highway

shall be equipped with brakes adequate to control the movement of and to stop and hold the

vehicle, including two separate means of applying the brakes, each of which means shall be

effective to apply the brakes to at least two wheels. If these two separate means of applying

the brakes are connected in any way, they shall be constructed so that failure of any one part

of the operating mechanism does not leave the motor vehicle without brakes on at least two

wheels.

(b) Every motorcycle, autocycle, and low-power scooter, when operated upon a highway, shall

be equipped with at least one brake, which may be operated by hand or foot.

operated upon a highway, shall be equipped with brakes adequate to control the movement of

and to stop and to hold such vehicle and so designed as to be applied by the driver of the

towing motor vehicle from the cab, and said brakes shall be so designed and connected that in

case of an accidental breakaway of the towed vehicle the brakes shall be automatically

applied. The provisions of this paragraph (c) shall not be applicable to any trailer which does

not meet the definition of “commercial vehicle” as that term is defined in section 235 (1) (a)

and which is owned by a farmer when transporting agricultural products produced on the

owner’s farm or supplies back to the farm of the owner of the trailer, tank trailers not

exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or

gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds

gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck

capable of stopping within the distance specified in subsection (2) of this section.

(d) Every motor vehicle, trailer, or semitrailer constructed or sold in this state or operated

upon the highways shall be equipped with service brakes upon all wheels of every such

vehicle; except that:

(I) Any trailer or semitrailer of less than three thousand pounds gross weight, or any horse

trailer of a capacity of two horses or less, or any trailer which does not meet the definition

of “commercial vehicle” as that term is defined in section 235 (1)(a) and which is owned by

a farmer when transporting agricultural products produced on the owner’s farm or supplies

back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand

pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under

pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely

for transporting and distributing dry fertilizer when hauled by a truck capable of stopping

with loaded trailer attached in the distance specified by subsection (2) of this section need

not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only

one wheel.

(II) Any truck or truck tractor, manufactured before July 25, 1980, and having three or more

axles, need not have brakes on the wheels of the front or tandem steering axles if the

brakes on the other wheels meet the performance requirements of subsection (2) of this

section.

(III) Every trailer or semitrailer of three thousand pounds or more gross weight must have

brakes on all wheels.

(e) Provisions of this subsection (1) shall not apply to manufactured homes.

(2) Performance ability of brakes:

(a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to

stop such vehicle when traveling twenty miles per hour within a distance of forty feet when

upon dry asphalt or concrete pavement surface free from loose material where the grade does

not exceed one percent.

(b) Under the conditions stated in paragraph (a) of this subsection (2), the hand brakes shall

be adequate to stop such vehicle within a distance of fifty-five feet, and said hand brake shall

be adequate to hold such vehicle stationary on any grade upon which operated.

a motor vehicle equipped with two-wheel brakes only, when permitted under this section,

shall be adequate to stop the vehicle within a distance of fifty-five feet.

(d) All braking distances specified in this section shall apply to all vehicles mentioned,

whether such vehicles are not loaded or are loaded to the maximum capacity permitted under

this title.

(e) All brakes shall be maintained in good working order and shall be so adjusted as to operate

as equally as possible with respect to the wheels on opposite sides of the vehicle.

(2.5) The department of public safety is specifically authorized to adopt rules relating to the use

of surge brakes.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

224. Horns or warning devices.

(1) Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good

working order and capable of emitting sound audible under normal conditions from a distance of

not less than two hundred feet, but no horn or other warning device shall emit an unreasonably

loud or harsh sound, except as provided in section 213(1) in the case of authorized emergency

vehicles or as provided in section 222. The driver of a motor vehicle, when reasonably necessary

to ensure safe operation, shall give audible warning with the horn but shall not otherwise use such

horn when upon a highway.

(2) No vehicle shall be equipped with nor shall any person use upon a vehicle any audible device

except as otherwise permitted in this section. It is permissible but not required that any vehicle

be equipped with a theft alarm signal device which is so arranged that it cannot be used by the

driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this

section is meant to preclude the use of audible warning devices that are activated when the

vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal

device under section 213 (1), but such device shall not be used except when such vehicle is

operated in response to an emergency call or in the actual pursuit of a suspected violator of the

law or for other special purposes, including, but not limited to, funerals, parades, and the

escorting of dignitaries. Such device shall not be used for such special purposes unless the

circumstances would not lead a reasonable person to believe that such vehicle is responding to an

actual emergency.

(3) A bicycle, electrical assisted bicycle, electric scooter, or low-power scooter shall not be

equipped with, nor shall any person use upon a bicycle, electrical assisted bicycle, electric

scooter, or a low-power scooter, a siren or whistle.

(4) Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the

requirements of section 214 as a warning to drivers when such equipment is in service on the

highway.

(5)(a) When any snowplow or other snow removal equipment displaying flashing yellow lights is

engaged in snow and ice removal or control, drivers of all other vehicles shall exercise more than

ordinary care and caution in approaching, overtaking, or passing such snowplow.

(b) The driver of a snowplow, while engaged in the removal or control of snow and ice on any

highway open to traffic and while displaying the required flashing yellow warning lights as

provided by section 214, shall not be charged with any violation of the provisions of this Code

relating to parking or standing, turning, backing, or yielding the right-of-way. These

exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard

for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from

the consequences of a reckless or careless disregard for the safety of others.

(6)(a) Any person who violates any provision of this section commits a class B traffic infraction;

except that a person commits a class A traffic infraction if the person passes an authorized service

vehicle snowplow that is operated by a state, county, or local government, displaying lights as

authorized in section 42-4-214, and performing its service function in echelon formation with one

or more other such snowplows.

(b) As used in this subsection (6), unless the context otherwise requires, “echelon formation”

means a formation in which snowplows are arranged diagonally, with each unity stationed

behind and to the right, or behind, and to the left, of the unit ahead.

225. Mufflers - prevention of noise.

(1) Every motor vehicle subject to registration and operated on a highway shall at all times be

equipped with an adequate muffler in constant operation and properly maintained to prevent any

excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-

off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a

manner which will amplify or increase the noise emitted by the motor of such vehicle above that

emitted by the muffler originally installed on the vehicle, and such original muffler shall comply

with all of the requirements of this section.

(1.5) Any commercial vehicle, as defined in section 235 (1)(a), subject to registration and

operated on a highway, that is equipped with an engine compression brake device is required to

have a muffler.

(2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical

design for the purpose of receiving exhaust gas from an internal combustion engine and effective

in reducing noise.

(3) Any person who violates subsection (1) of this section commits a class B traffic infraction. Any

person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine

of five hundred dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section

occurring within the corporate limits of a city or town, or within the unincorporated area of a

county, shall be transmitted to the treasurer or chief financial officer of said city, town, or

county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to

the highway users tax fund, and allocated and expended as specified in §§43-4-205(5.5)(a).

(4) This section shall not apply to electric motor vehicles.

226. Mirrors - exterior placements.

(1) Every motor vehicle shall be equipped with a mirror or mirrors so located and so constructed as

to reflect to the driver a free and unobstructed view of the highway for a distance of at least two

hundred feet to the rear of such vehicle.

(2) Whenever any motor vehicle is not equipped with a rear window and rear side windows or has

a rear window and rear side windows composed of, covered by, or treated with any material or

component that, when viewed from the position of the driver, obstructs the rear view of the

driver or makes such window or windows nontransparent, or whenever any motor vehicle is towing

another vehicle or trailer or carrying any load or cargo or object that obstructs the rear view of

the driver, such vehicle shall be equipped with an exterior mirror on each side so located with

respect to the position of the driver as to comply with the visual requirement of subsection (1) of

this section.

(3) Any person who violates any provision of this section commits a class B traffic infraction.

227. Windows unobstructed – certain materials prohibited - windshield wiper

requirements.

(1)(a)(I) Except as provided in this paragraph (a), no person shall operate any motor vehicle

registered in Colorado on which any window, except the windshield, is composed of, covered by,

or treated with any material or component which presents an opaque, nontransparent, or metallic

or mirrored appearance in such a way that it allows less than twenty-seven percent light

transmittance. The windshield shall allow seventy percent light transmittance.

(II) The provisions of this paragraph (a) shall not apply to the windows to the rear of the

driver, including the rear window, on any motor vehicle; however, if such windows allow

less than twenty-seven percent light transmittance, then the front side windows and the

windshield on such vehicles shall allow seventy percent light transmittance.

(III) A law enforcement vehicle may have its windows, except the windshield, treated in

such a manner so as to allow less than twenty-seven percent light transmittance only for the

purpose of providing a valid law enforcement service. A law enforcement vehicle with such

window treatment shall not be used for any traffic law enforcement operations, including

operations concerning any offense in this article. For purposes of this subparagraph (III),

“law enforcement vehicle” means a vehicle owned or leased by a state or local law

enforcement agency. The treatment of the windshield of a law enforcement vehicle is

subject to the limits described in paragraph (b) of this subsection (1).

(b) Notwithstanding any provision of paragraph (a) of this subsection (1), nontransparent

material may be applied, installed, or affixed to the topmost portion of the windshield subject

to the following:

(I) The bottom edge of the material extends no more than four inches measured from the

top of the windshield down;

(II) The material is not red or amber in color, nor does it affect perception of primary colors

or otherwise distort vision or contain lettering that distorts or obstructs vision;

(III) The material does not reflect sunlight or headlight glare into the eyes of occupants of

oncoming or preceding vehicles to any greater extent than the windshield without the

material.

composed of, covered by, or treated with any material or component in a manner approved by

federal statute or regulation if such window was included as a component part of a vehicle at

the time of the vehicle manufacture, or the replacement of any such window by such covering

which meets such guidelines.

(d) No material shall be used on any window in the motor vehicle that presents a metallic or

mirrored appearance.

(e) Nothing in this subsection (1) shall be construed to deny or prevent the use of certificates

or other papers which do not obstruct the view of the driver and which may be required by

law to be displayed.

(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow,

or other moisture from the windshield, which device shall be so constructed as to be controlled or

operated by the driver of the vehicle.

(3) (a) Except as provided in paragraph (b) of this subsection (3), any person who violates any

provision of this section commits a class B traffic infraction.

(b) Any person who installs, covers, or treats a windshield or window so that the windshield or

window does not meet the requirements of subsection (1)(a) of this section commits a class A

traffic infraction.

(4) This section shall apply to all motor vehicles; except that subsection (2) of this section shall

not apply to low-speed electric vehicles.

228. Restrictions on tire equipment.

(1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one

inch thick above the edge of the flange of the entire periphery.

(2) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer

having any metal tire in contact with the roadway, and it is unlawful to operate upon the highways

of this state any motor vehicle, trailer, or semitrailer equipped with solid rubber tires.

(3) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange,

cleat, or spike or any other protuberances of any material other than rubber which projects

beyond the tread on the traction surface of the tire; except that, on single-tired passenger

vehicles and on other single-tired vehicles with rated capacities up to and including three-fourths

ton, it shall be permissible to use tires containing studs or other protuberances which do not

project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire;

and except that it shall be permissible to use farm machinery with tires having protuberances

which will not injure the highway; and except also that it shall be permissible to use tire chains of

reasonable proportions upon any vehicle when required for safety because of snow, ice, or other

conditions tending to cause a vehicle to skid.

(4) The department of transportation and local authorities in their respective jurisdictions, in their

discretion, may issue special permits authorizing the operation upon a highway of traction engines

or tractors having movable tracks with transverse corrugations upon the periphery of such movable

tracks or farm tractors or other farm machinery, the operation of which upon a highway would

otherwise be prohibited under this Code.

(5)(a) No person shall drive or move a motor vehicle on any highway unless such vehicle is

equipped with tires in safe operating condition in accordance with this subsection (5) and any

supplemental rules and regulations promulgated by the executive director of the department.

(b) The executive director of the department shall promulgate such rules as the executive

director deems necessary setting forth requirements of safe operating conditions for tires.

These rules shall be utilized by law enforcement officers for visual inspection of tires and shall

include methods for simple gauge measurement of tire tread depth.

(I) Any bump, bulge, or knot affecting the tire structure;

(II) A break which exposes a tire body cord or is repaired with a boot or patch;

(III) A tread depth of less than two thirty-seconds of an inch measured in any two tread

grooves at three locations equally spaced around the circumference of the tire, or, on those

tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point

that the tread wear indicators contact the road in any two-tread grooves at three locations

equally spaced around the circumference of the tire; except that this subparagraph (III)

shall not apply to tires on a commercial vehicle as such term is defined in section 235

(1)(a); or

(IV) Such other conditions as may be reasonably demonstrated to render it unsafe.

(6) No passenger car tire shall be used on any motor vehicle which is driven or moved on any

highway if such tire was designed or manufactured for non-highway use.

(7) No person shall sell any motor vehicle for highway use unless the vehicle is equipped with tires

that are in compliance with subsections (5) and (6) of this section and any rules of safe operating

condition promulgated by the department.

(8)(a) Any person who violates any provision of subsection (1), (2), (3), (5), or (6) of this section

commits a class A traffic infraction.

(b) Any person who violates any provision of subsection (7) of this section commits a class 2

misdemeanor traffic offense.

229. Safety glazing material in motor vehicles.

(1) No person shall sell any new motor vehicle, nor shall any new motor vehicle be registered,

unless such vehicle is equipped with safety glazing material of a type approved by the department

for any required front windshield and wherever glazing material is used in doors and windows of

said motor vehicle. This section shall apply to all passenger-type motor vehicles, including

passenger buses and school buses, but, in respect to camper coaches and trucks, including truck

tractors, the requirements as to safety glazing material shall apply only to all glazing material

used in required front windshields and that used in doors and windows in the drivers’

compartments and such other compartments as are lawfully occupied by passengers in said

vehicles.

(2) The term “safety glazing materials” means such glazing materials as will reduce substantially,

in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by

objects from exterior sources or by these safety glazing materials when they may be cracked or

broken.

(3) The department shall compile and publish a list of types of glazing material by name approved

by it as meeting the requirements of this section, and the department shall not, after January 1,

1958, register any motor vehicle which is subject to the provisions of this section unless it is

equipped with an approved type of safety glazing material, and the department shall suspend the

registration of any motor vehicle subject to this section which is found to be not so equipped until

it is made to conform to the requirements of this section.

(4) No person shall operate a motor vehicle on any highway within this state unless the vehicle is

equipped with a front windshield as provided in this section, except as provided in section 232 (1)

and except for motor vehicles registered as collectors’ items under sections 42-12-301 or 42-12-

302.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

230. Emergency lighting equipment - who must carry.

(1) No motor vehicle carrying a truck license and weighing six thousand pounds or more and no

passenger bus shall be operated over the highways of this state at any time without carrying in an

accessible place inside or on the outside of the vehicle three bidirectional emergency reflective

triangles of a type approved by the department, but the use of such equipment is not required in

municipalities where there are street lights within not more than one hundred feet.

(2) Whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the

traveled portion of a highway or the shoulder of a highway for any cause other than necessary

traffic stops, the driver of the stopped motor vehicle shall immediately activate the vehicular

hazard warning signal flashers and continue the flashing until the driver places the bidirectional

emergency reflective triangles as directed in subsection (3) of this section.

(3) Except as provided in subsection (2) of this section, whenever a motor vehicle referred to in

subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of

a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible,

but in any event within ten minutes, place the bidirectional emergency reflective triangles in the

following manner:

(a) One at the traffic side of the stopped vehicle, within ten feet of the front or rear of the

vehicle;

(b) One at a distance of approximately one hundred feet from the stopped vehicle in the

center of the traffic lane or shoulder occupied by the vehicle and in the direction toward

traffic approaching in that lane; and

opposite direction from those placed in accordance with paragraphs (a) and (b) of this

subsection (3) in the center of the traffic lane or shoulder occupied by the vehicle; or

(d) If the vehicle is stopped within five hundred feet of a curve, crest of a hill, or other

obstruction to view, the driver shall place the emergency equipment required by this

subsection (3) in the direction of the obstruction to view at a distance of one hundred feet to

five hundred feet from the stopped vehicle so as to afford ample warning to other users of the

highway; or

(e) If the vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way

highway, the driver shall place the emergency equipment required by this subsection (3), one

at a distance of two hundred feet and one at a distance of one hundred feet in a direction

toward approaching traffic in the center of the lane or shoulder occupied by the vehicle, and

one at the traffic side of the vehicle within ten feet of the rear of the vehicle.

(4) No motor vehicle operating as a tow truck, as defined in section 40-10.1-101(21), at the scene

of an accident shall move or attempt to move any wrecked vehicle without first complying with

those sections of the law concerning emergency lighting.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

231. Parking lights.

When lighted lamps are required by section 204, no vehicle shall be driven upon a highway with

the parking lights lighted except when the lights are being used as signal lamps and except when

the head lamps are lighted at the same time. Parking lights are those lights permitted by section

215 and any other lights mounted on the front of the vehicle, designed to be displayed primarily

when the vehicle is parked. Any person who violates any provision of this section commits a class B

traffic infraction.

232. Minimum safety standards for motorcycles, autocycles, and low-power scooters.

(1)(a) Except as provided in subsection (1)(b) of this section, a person shall not drive a

motorcycle, autocycle, or low-power scooter on a public highway unless the person and any

passenger in or on the motorcycle, autocycle, or low-power scooter is wearing goggles or

eyeglasses with lenses made of safety glass or plastic; except that this subsection (1) does not

apply to a person wearing a helmet containing eye protection made of safety glass or plastic.

(b) A person driving or riding an autocycle need not wear eye protection if the autocycle has:

(I) Three wheels;

(II) A maximum design speed of twenty-five miles per hour or less;

(III) A windshield; and

(IV) Seat belts.

(2) The department shall adopt standards and specifications for the design of goggles and

eyeglasses.

(3) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be

equipped with footrests for such passengers.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

233. Alteration of suspension system.

(1) No person shall operate a motor vehicle of a type required to be registered under the laws of

this state upon a public highway with either the rear or front suspension system altered or

changed from the manufacturer’s original design except in accordance with specifications

permitting such alteration established by the department. Nothing contained in this section shall

prevent the installation of manufactured heavy duty equipment to include shock absorbers and

overload springs, nor shall anything contained in this section prevent a person from operating a

motor vehicle on a public highway with normal wear of the suspension system if normal wear shall

not affect the control of the vehicle.

(2) This section shall not apply to motor vehicles designed or modified primarily for off-highway

racing purposes, and such motor vehicles may be lawfully towed on the highways of this state.

(3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic

offense.

234. Slow-moving vehicles - display of emblem.

(1)(a) All machinery, equipment, and vehicles, except bicycles, electrical assisted bicycles,

electric scooters, and other human-powered vehicles, designed to operate or normally operated at

a speed of less than twenty-five miles per hour on a public highway must display a triangular slow-

moving vehicle emblem on the rear.

(b) The department shall set standards for a triangular slow-moving emblem for use on low-

speed electric vehicles.

may, but need not, display the emblem specified in this subsection (1).

(2) The executive director of the department shall adopt standards and specifications for such

emblem, position of the mounting thereof, and requirements for certification of conformance with

the standards and specifications adopted by the American society of agricultural engineers

concerning such emblems. The requirements of such emblem shall be in addition to any lighting

device required by law.

(3) The use of the emblem required under this section shall be restricted to the use specified in

subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be

prohibited.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

235. Minimum standards for commercial vehicles – motor carrier safety fund – created

– definition - rules.

(1) As used in this section, unless the context otherwise requires:

(a) "Commercial vehicle" means:

(I) A self-propelled or towed vehicle;

(A) Bearing an apportioned plate;

(B) Having a manufacturer’s gross vehicle weight rating or gross combination rating of at

least sixteen thousand one pounds and used in commerce on public highways; or

least sixteen thousand one pounds and used to transport sixteen or more passengers,

including the driver, unless the vehicle is a school bus regulated in accordance with

section 42-4-1904, or a vehicle that does not have a gross vehicle weight rating of

twenty-six thousand one or more pounds and that is owned or operated by a school

district so long as the school district does not receive remuneration, other than

reimbursement of the school district’s costs, for the use of the vehicle;

(II) Any motor vehicle designed or equipped to transport other motor vehicles from place to

place by means of winches, cables, pulleys, or other equipment for towing, pulling, or

lifting, when such motor vehicle is used in commerce on the public highways of this state;

and

(III) A motor vehicle that is used on the public highways and transports materials

determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in

such quantities as to require placarding under 49 CFR parts 172 and 173.

(b) Repealed.

whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in

paragraph (a) of this subsection (1).

(2)(a) A person shall not operate a commercial vehicle, as defined in subsection (1) of this section,

on any public highway of this state unless the vehicle is in compliance with the rules adopted by

the chief of the Colorado state patrol pursuant to subsection (4) of this section. A person that

violates such rules, including intrastate motor carriers, shall be subject to the civil penalties

authorized pursuant to 49 CFR 386, subpart G. A person that uses an independent contractor is not

liable for penalties imposed on the independent contractor for equipment, acts, and omissions

within the independent contractor's control or supervision. A state agency or court collecting civil

penalties pursuant to this article 4 shall transmit the civil penalties to the state treasurer, who

shall credit the same to the highway users tax fund created in section 43-4-201, for allocation and

expenditure as specified in section 43-4-205(5.5)(a).

(b) Notwithstanding paragraph (a) of this subsection (2):

(I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR, part 386,

subpart G that relate the amount of a penalty to a violator's ability to pay, and such

penalties shall be based upon the nature and gravity of the violation, the degree of

culpability, and such other matters as justice and public safety may require;

(II) When determining the assessment of a civil penalty for safety violations, the period of a

motor carrier's safety compliance history that a compliance review officer may consider

shall not exceed three years; and

(III) The intrastate operation of implements of husbandry shall not be subject to the civil

penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall be

construed to repeal, preempt, or negate any existing regulatory exemption for agricultural

operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of vehicles

with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not

require a commercial driver's license to operate, or any successor or analogous agricultural

exemptions, whether based on federal or state law.

(IV) This section does not apply to a motor vehicle or motor vehicle and trailer combination:

(A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating

of less than twenty-six thousand one pounds;

(B) Not operated in interstate commerce;

(D) Not transporting either sixteen or more passengers including the driver or eight or

more passengers for compensation; and

(E) If the motor vehicle or combination is being used solely for agricultural purposes.

reviews, as defined in 49 CFR 385.3, and to impose civil penalties pursuant to the reviews.

This subsection (2)(c) does not expand or limit the ability of local governments to conduct

roadside safety inspections.

(d)(I) Pursuant to section 42-3-120, upon notice from the Colorado state patrol, for a carrier

that fails to pay in full a civil penalty imposed pursuant to this subsection (2) within thirty

days after notification of the penalty or fails to cooperate with the completion of a

compliance review within thirty days after notification of the failure to cooperate, the

department shall:

(A) cancel the motor carrier’s registration; and

(B) enter both the motor carrier and its vehicles as out-of-service in the federal motor

carrier safety administration system of record.

(II) Repealed.

(3) Any motor carrier operating a commercial vehicle within Colorado must declare knowledge of

the rules and regulations adopted by the chief of the Colorado state patrol pursuant to subsection

(4) of this section. The declaration of knowledge shall be in writing on a form provided by the

Colorado state patrol. Such form must be signed and returned by a motor carrier according to

rules adopted by the chief.

(4)(a)(I) Except as described in subsection (4)(a)(III) of this section, the chief of the Colorado state

patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection

(4)(a)(II) of this section, vehicles that would be commercial vehicles but for the fact that they

have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one

pounds or more but not more than sixteen thousand pounds. In adopting the rules, the chief shall

use as general guidelines the standards contained in the current rules and regulations of the

United States department of transportation relating to safety regulations, qualifications of drivers,

driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of

service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility,

insurance, and employee safety and health standards; except that rules regarding financial

responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of

this section that is also subject to regulation by the public utilities commission under article 10.1

of title 40. On and after September 1, 2003, all commercial vehicle safety inspections conducted

to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a)

must be performed by an enforcement official, as defined in section 42-20-103(2), who has been

certified by the commercial vehicle safety alliance, or any successor organization thereto, to

perform level I inspections.

(II) With respect to the operation of all vehicles that would be commercial vehicles but for

the fact that they have a manufacturer’s gross vehicle weight rating or gross combination

rating of ten thousand one pounds or more but not more than sixteen thousand pounds, the

chief of the Colorado state patrol may adopt rules that authorize the Colorado state patrol

to:

(A) Annually inspect these vehicles;

(B) Enforce with respect to these vehicles all requirements for the securing of loads that

apply to commercial vehicles; and

coupling devices for commercial vehicles.

(III) Rules establishing insurance requirements for vehicles used by licensed river outfitters

are established by the parks and wildlife commission pursuant to section 33-32-103(1)(e).

(b) The Colorado public utilities commission may enforce safety rules of the chief of the

Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of

paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate

motor carriers, as defined in section 40-10.1-101, including the issuance of civil penalties for

violations of such rules as provided in section 40-7-113.

(5) Any person who violates a rule or regulation promulgated by the chief of the Colorado state

patrol pursuant to this section or fails to comply with subsection (3) of this section commits a class

2 misdemeanor traffic offense.

(6) The motor carrier safety fund is created in the state treasury. The fund consists of moneys

transferred from the public utilities commission motor carrier fund pursuant to section 40-2-

110.5(9)(a). Moneys in the fund are subject to appropriation by the general assembly for the direct

and indirect costs of the advancement of highway safety relating to commercial carrier operations

pursuant to this section. All interest derived from the deposit and investment of moneys in the

fund are credited to the fund, and any moneys not appropriated remain in the fund and do not

transfer or revert to the general fund or any other fund.

236. Child restraint systems required - definitions - exemptions.

(1) As used in this section, unless the context otherwise requires:

(a) “Child care center” means a facility required to be licensed under the “Foster Care,

Residential, Day Treatment, and Agency Licensing Act”, part 9 of article 6 of title 26, or the

“Child Care Licensing Act”, part 3 of article 5 of title 26.5.

(a.3) Deleted.

(a.5) “Child restraint system” means a specially designed seating system that is designed to

protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize

injury to the child in the event of a motor vehicle accident that is either permanently affixed

to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment

system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR

571.213, as amended.

(a.7) Deleted.

(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility

vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle"

does not include motorcycles, low-power scooters, and farm tractors and implements of

husbandry designed primarily or exclusively for use in agricultural operations.

(b) “Safety belt” means a lap belt, a shoulder belt, or any other belt or combination of belts

installed in a motor vehicle to restrain drivers and passengers, except any such belt that is

physically a part of a child restraint system. “Safety belt” includes the anchorages, the

buckles, and all other equipment directly related to the operation of safety belts. Proper use

of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap

belt crosses the hips, touching the thighs.

manufacturer to provide seating accommodation while the motor vehicle is in motion.

(2)(a)(I) Unless exempted pursuant to subsection (3) of this section, and except as otherwise

provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years

of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a

child care center, shall be properly restrained in a child restraint system according to the

manufacturer’s instructions:

(II) If the child is less than one year of age and weighs less than twenty pounds, the child

shall be properly restrained in a rear-facing child restraint system in a rear seat of the

vehicle.

(III) If the child is one year of age or older, but less than four years of age, and weighs less

than forty pounds, but at least twenty pounds, the child shall be properly restrained in a

rear-facing or forward- facing child restraint system.

(b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least

eight years of age but less than sixteen years of age who is being transported in this state in a

motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a

safety belt or child restraint system according to the manufacturer's instructions.

her child or children are provided with and that they properly use a child restraint system or

safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver

transporting a child or children, subject to the requirements of this section, to ensure that

such children are provided with and that they properly use a child restraint system or safety

belt system.

(3) Except as provided in section 42-2-105.5(4), the requirements of subsection (2) of this section

shall not apply to a child who:

(a) Repealed.

(b) Is less than eight years of age and is being transported in a motor vehicle as a result of a

medical or other life-threatening emergency and a child restraint system is not available;

that is operated by a child care center; or

(d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in

section 237;

(e) (Deleted by amendment, L. 2011, (SB 11-227), ch. 295, p. 1399, § 1, effective June 7,

2011.)

(f) Is being transported in a motor vehicle that is operated in the business of transporting

persons for compensation or hire by or on behalf of a common carrier or a contract carrier as

those terms are defined in section 40-10.1-101, or an operator of a luxury limousine service as

defined in section 40-10.1-301.

(4) No Rule.

(5) No person shall use a safety belt or child restraint system, whichever is applicable under the

provisions of this section, for children under sixteen years of age in a motor vehicle unless it

conforms to all applicable federal motor vehicle safety standards.

(6) Any violation of this section shall not constitute negligence per se or contributory negligence

per se.

(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who

violates any provision of this section commits a class B traffic infraction.

(b) A minor driver under eighteen years of age who violates this section shall be punished in

accordance with section 42-2-105.5(5)(b).

(8) The fine may be waived if the defendant presents the court with satisfactory evidence or proof

of the acquisition, purchase, or rental of a child restraint system by the time of the court

appearance.

(9) (Deleted by amendment, L. 2010, (SB 10-110), ch 294, p. 1365, § 3, effective August 1, 2020.

(10) and (11) Repealed.

237. Safety belt systems – mandatory use - exemptions – penalty - definitions.

(1) As used in this section:

(a) “Motor vehicle” means a self-propelled vehicle intended primarily for use and operation on

the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances,

motor homes, and pickups. The term does not include motorcycles, low-power scooters,

passenger buses, school buses, and farm tractors and implements of husbandry designed

primarily or exclusively for use in agricultural operations.

(b) “Safety belt system” means a system utilizing a lap belt, a shoulder belt, or any other belt

or combination of belts installed in a motor vehicle to restrain drivers and passengers, which

system conforms to federal motor vehicle safety standards.

(2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat

passenger in a motor vehicle and every driver of and every passenger in an autocycle equipped

with a safety belt system shall wear a fastened safety belt while the motor vehicle is being

operated on a street or highway in this state.

(3) Except as provided in section 42-2-105.5, the requirement of subsection (2) of this section shall

not apply to:

(a) A child required by section 236 to be restrained by a child restraint system;

(b) A member of an ambulance team, other than the driver, while involved in patient care;

as the performance of said duties is in accordance with rules and regulations applicable to said

officer which are at least as restrictive as subsection (2) of this section and which only provide

exceptions necessary to protect the officer;

(d) A person with a physically or psychologically disabling condition whose physical or

psychological disability prevents appropriate restraint by a safety belt system if such person

possesses a written statement by a physician certifying the condition, as well as stating the

reason why such restraint is inappropriate;

(e) A person driving or riding in a motor vehicle not equipped with a safety belt system due to

the fact that federal law does not require such vehicle to be equipped with a safety belt

system;

(f) A rural letter carrier of the United States postal service while performing duties as a rural

letter carrier; and

(g) A person operating a motor vehicle which does not meet the definition of “commercial

vehicle” as that term is defined in section 235 (1)(a) for commercial or residential delivery or

pickup service; except that such person shall be required to wear a fastened safety belt during

the time period prior to the first delivery or pickup of the day and during the time period

following the last delivery or pickup of the day.

(4)(a) Except as otherwise provided in paragraph (b) of this subsection (4), any person who

operates a motor vehicle while such person or any passenger is in violation of the requirement of

subsection (2) of this section commits a class B traffic infraction. Penalties collected pursuant to

this subsection (4) shall be transmitted to the appropriate authority pursuant to the provisions of

section 42-1-217(1)(e) and (2).

(b) A minor driver under eighteen years of age who violates this section shall be punished in

accordance with section 42-2-105.5(5)(b).

(5) No driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless

such driver was stopped by a law enforcement officer for an alleged violation of Codes 1 to 4 of

this title other than a violation of this section.

(6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section may

include:

(a) Testimony by a law enforcement officer that the officer observed the person charged

operating a motor vehicle while said operator or any passenger was in violation of the

requirement of subsection (2) of this section; or

(b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which

the safety belts had been removed.

(7) Evidence of failure to comply with the requirement of subsection (2) of this section shall be

admissible to mitigate damages with respect to any person who was involved in a motor vehicle

accident and who seeks in any subsequent litigation to recover damages for injuries resulting from

the accident. Such mitigation shall be limited to awards for pain and suffering and shall not be

used for limiting recovery of economic loss and medical payments.

238. Blue and red lights - illegal use or possession.

(1) A person shall not be in actual physical control of a vehicle, except an authorized emergency

vehicle as defined in section 42-1-102(6), that the person knows contains a lamp or device that is

designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or

blue light visible directly in front of the center of the vehicle.

(2) It shall be an affirmative defense that the defendant was:

(a) A peace officer as described in section 16-2.5-101; or

(b) In actual physical control of a vehicle expressly authorized by a chief of police or sheriff to

contain a lamp or device that is designed to display, or that is capable of displaying if affixed

or attached to the vehicle, a red or blue light visible from directly in front of the center of the

vehicle; or

a permit from the fire chief of the fire department or chief executive officer of the ambulance

service through which the volunteer serves to operate a vehicle pursuant to section 222 (1)(b);

(d) A vendor who exhibits, sells, or offers for sale a lamp or device designed to display, or that

is capable of displaying, if affixed or attached to the vehicle, a red or blue light; or

(e) A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle to

which the red or blue lamps were affixed is valued for the vehicle’s historical interest or as a

collector’s item.

(3) A violation of this section is a class 2 misdemeanor.

239. Misuse of a wireless telephone – definitions - penalty - preemption.

(1) As used in this section, unless the context otherwise requires:

(a) “Emergency” means a situation in which a person:

(I) Has reason to fear for such person’s life or safety or believes that a criminal act may be

perpetrated against such person or another person, requiring the use of a wireless

telephone while the car is moving; or

(II) Reports a fire, a traffic accident in which one or more injuries are apparent, a serious

road hazard, a medical or hazardous materials emergency, or a person who is driving in a

reckless, careless, or otherwise unsafe manner.

(b) “Operating a motor vehicle” means driving a motor vehicle on a public highway, but

“operating a motor vehicle” shall not mean maintaining the instruments of control while the

motor vehicle is at rest in a shoulder lane or lawfully parked.

telephone for text messaging or other similar forms of manual data entry or transmission.

(d) “Wireless telephone” means a telephone that operates without a physical, wireline

connection to the provider’s equipment. The term includes, without limitation, cellular and

mobile telephones.

(2) A person under eighteen years of age shall not use a wireless telephone while operating a

motor vehicle. This subsection (2) does not apply to acts specified in subsection (3) of this section.

(3) A person shall not use a wireless telephone for the purpose of engaging in text messaging or

other similar forms of manual data entry or transmission while operating a motor vehicle.

(4) Subsection (2) or (3) of this section shall not apply to a person who is using the wireless

telephone:

(a) To contact a public safety entity; or

(b) During an emergency.

(5)(a) A person who operates a motor vehicle in violation of subsection (2) of this section commits

a class A traffic infraction as defined in section 42-4-1701(3). and the court or the department of

revenue shall assess a fine of fifty dollars.

(b) A second or subsequent violation of subsection (2) of this section is a class A traffic

infraction as defined in section 1701(3), and the court or the department of revenue shall

assess a fine of one hundred dollars.

(5.5)(a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person who

operates a motor vehicle in violation of subsection (3) of this section commits a class 2

misdemeanor traffic offense, and the court or the department shall assess a fine of three hundred

dollars.

(b) If the person’s actions are the proximate cause of bodily injury to another, the person

commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-

4-1701(3)(a)(II).

class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-

1701(3)(a)(II).

(6)(a) An operator of a motor vehicle shall not be cited for a violation of subsection (2) of this

section unless the operator was under eighteen years of age and a law enforcement officer saw

the operator use, as defined in paragraph (c) of subsection (1) of this section, a wireless

telephone.

(b) An operator of a motor vehicle shall not be cited for a violation of subsection (3) of this

section unless a law enforcement officer saw the operator use a wireless telephone for the

purpose of engaging in text messaging or other similar forms of manual data entry or

transmission, in a manner that caused the operator to drive in a careless and imprudent

manner, without due regard for the width, grade, curves, corners, traffic, and use of the

streets and highways and all other attendant circumstances, as prohibited by 42-4-1402.

(7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a

wireless telephone, unless otherwise provided by law.

(8) This section does not restrict operation of an amateur radio station by a person who holds a

valid amateur radio operator license issued by the federal communications commission.

(9) The general assembly finds and declares that use of wireless telephones in motor vehicles is a

matter of statewide concern.

240. Low-speed electric vehicle equipment requirements.

A low-speed electric vehicle shall conform with applicable federal manufacturing equipment

standards. Any person who operates a low-speed electric vehicle in violation of this section

commits a class B traffic infraction.

241. Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage.

(1)(a) A person, other than a towing carrier or peace officer as described in section 16-2.5-101,

commits the crime of unlawful removal of tow-truck signage if:

(I) A towing carrier has placed a tow-truck warning sign on the driver-side window of a

vehicle to be towed or, if window placement is impracticable, in another location on the

driver-side of the vehicle; and

(II) The vehicle to be towed is within fifty feet of the towing carrier vehicle; and

(III) The person removes the tow-truck warning sign from the vehicle before the tow is

completed.

(b) A person commits the crime of unlawful usage of tow-truck signage if the person places a

tow-truck warning sign on a vehicle when the vehicle is not in the process of being towed or

when the vehicle is occupied.

items from the vehicle before the vehicle is towed.

(2) A person who violates subsection (1) of this section commits a class A traffic infraction.

(3) For purposes of this section, "tow-truck warning sign" means a sign that is at least eight inches

by eight inches, is either yellow or orange, and states the following:

WARNING: This vehicle is in tow. Attempting to operate or operating this vehicle may

result in criminal prosecution and may lead to injury or death to you or another person.

242. Automated driving systems – safe harbor.

(1) A person may use an automated driving system to drive a motor vehicle or to control a function

of a motor vehicle if the system is capable of complying with every state and federal law that

applies to the function that the system is operating.

(2) Any provision in articles 1 to 3 of title 42 and article 4 that by its nature regulates a human

driver, including section 42-2-101, does not apply to an automated driving system, except for laws

regulating the physical driving of a vehicle.

(3)(a) If an automated driving system is not capable of complying with every state and federal law

that applies to the function the system is operating, a person shall not test the system unless

approved by the Colorado state patrol and the Colorado department of transportation, in

accordance with a process overseen by the Colorado state patrol and the Colorado department of

transportation.

(b) A person who violates this subsection (3) commits a class B traffic infraction. Upon

determining that there is probable cause to believe that a motor vehicle was used to violate

this subsection (3), a peace officer of the state patrol may impound or immobilize the motor

vehicle until the person who violated this section has obtained the required approval in

accordance with subsection (3)(a) of this section or signed an affidavit, under penalty of

perjury, stating the person’s intention to cease using the automated driving system in

Colorado without the required approval.

(4) The Colorado department of transportation shall report to the transportation legislation review

committee by September 1 of each year, concerning the testing of automated driving systems in

Colorado. The first report is due by September 1, 2018. Notwithstanding the provisions of section

24-1-136, the reporting requirements contained in this subsection (4) continued indefinitely.

(5) Liability for a crash involving an automated driving system driving a motor vehicle that is not

under human control is determined in accordance with applicable state law, federal law, or

common law.

Part 3

Emissions Inspection

(Omitted)

Part 4

Diesel Inspection Program

(Omitted)

Part 5

Size - Weight - Load

501. Size and weight violations - penalty.

Except as provided in section 509, it is a traffic infraction for any person to drive or move or for

the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or

vehicles of a size or weight exceeding the limitations stated in sections 502 to 512 or otherwise in

violation of said sections or section 1407, except as permitted in section 510. The maximum size

and weight of vehicles specified in said sections shall be lawful throughout this state, and local

authorities shall have no power or authority to alter said limitations, except as express authority

may be granted in section 42-4-106.

502. Width of vehicles.

(1) The total outside width of any vehicle or the load thereon shall not exceed eight feet six

inches, except as otherwise provided in this section.

(2)(a) A load of loose hay, including loosely bound, round bales, whether horse drawn or by motor,

shall not exceed twelve feet in width.

(b) A vehicle and trailer may transport a load of rectangular hay bales if such vehicle and load

do not exceed ten feet six inches in width.

(3) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached

thereto in any manner any chain, rope, wire, or other equipment which drags, swings, or projects

in any manner so as to endanger the person or property of another.

(4) The total outside width of buses and coaches used for the transportation of passengers shall

not exceed eight feet six inches.

(5)(a) The total outside width of vehicles as included in this section shall not be construed so as to

prohibit the projection beyond such width of clearance lights, rearview mirrors, or other

accessories required by federal, state, or city laws or regulations.

(b) The width requirements imposed by subsection (1) of this section shall not include

appurtenances on recreational vehicles, including but not limited to motor homes, travel

trailers, fifth wheel trailers, camping trailers, recreational park trailers, multipurpose trailers,

and truck campers, all as defined in section 24-32-902, so long as such recreational vehicle,

including such appurtenances, does not exceed a total outside width of nine feet six inches.

(6) Any person who violates any provision of this section commits a class B traffic infraction.

503. Projecting loads on passenger vehicles.

Except with regard to the operation of a motorcycle, autocycle, bicycle, electrical assisted bicycle

or electric scooter, a person shall not operate a passenger-type vehicle on any highway with any

load carried extending beyond the line of the fenders on the left side of the vehicle nor extending

more than six inches beyond the line of the fenders on the right side of the vehicle. A person who

violates this section commits a class B traffic infraction.

504. Height and length of vehicles.

(1) No vehicle unladen or with load shall exceed a height of fourteen feet six inches. The

department of transportation shall designate highways with overhead highway structures that have

less than fourteen feet six inches of vertical clearance. A driver shall not drive a vehicle under a

structure if the vehicle’s height exceeds the department’s designated vertical clearance for the

structure.

(2) No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension,

inclusive of front and rear bumpers. The length of vehicles used for the mass transportation of

passengers wholly within the limits of a town, city, or municipality or within a radius of fifteen

miles thereof may extend to sixty feet. The length of school buses may extend to forty feet.

(3) Buses used for the transportation of passengers between towns, cities, and municipalities in

the state of Colorado may be sixty feet extreme overall length, inclusive of front and rear

bumpers but shall not exceed a height of thirteen feet six inches, if such buses are equipped to

conform with the load and weight limitations set forth in section 508; except that buses with a

height of fourteen feet six inches which otherwise conform to the requirements of this subsection

(3) shall be operated only on highways designated by the department of transportation.

(4) No combination of vehicles coupled together shall consist of more than four units, and no such

combination of vehicles shall exceed a total overall length of seventy feet. Said length limitation

shall not apply to unladen truck tractor-semitrailer combinations when the semitrailer is fifty-

seven feet four inches or less in length or to unladen truck tractor-semitrailer-trailer combinations

when the semitrailer and the trailer are each twenty-eight feet six inches or less in length. Said

length limitations shall also not apply to vehicles operated by a public utility when required for

emergency repair of public service facilities or properties or when operated under special permit

as provided in section 42-4-510, but, in respect to night transportation, every such vehicle and the

load thereon shall be equipped with a sufficient number of clearance lamps on both sides and

marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of

such load.

(4.5) Notwithstanding the provisions of subsection (4) of this section, drivers shall not drive the

following combinations of vehicles:

(a) Saddlemount combinations consisting of more than four units or saddlemount combinations

exceeding ninety-seven feet in overall length;

(b) Laden truck tractor-semitrailer combinations exceeding seventy-five feet in overall length;

and

overall length exceeds eighty feet; except that the overall length of these combinations

excludes:

(I) Safety devices that are not designed or used for carrying cargo;

(II) Automobiles or boats being transported;

(III) Any extension device that may be used for loading beyond the extreme front or rear

ends of a vehicle or combination of vehicles; except that the projection of a load, including

any extension devices loaded to the front of the vehicle, shall not extend more than four

feet beyond the extreme front of the grill of such vehicle and no load or extension device

may extend more than six feet to the extreme rear of the vehicle.

(d) Towaway trailer transporter combinations that:

(I) Exceed eighty-two feet in overall length;

(II) Carry property;

(III) Exceed an overall weight of twenty-six thousand pounds;

(IV) Consist of more than a single towing unit and two trailers or semitrailers; or

(V) Do not constitute inventory property of a manufacturer, distributor, or dealer of the

trailer or semitrailer.

(5) The load upon any vehicle operated alone or the load upon the front vehicle of a combination

of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most

point of the grill of such vehicle; but a load may project not more than four feet beyond the front

most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point

above the cab of the driver’s compartment so long as that part of any load projecting ahead of the

rear of the cab or driver’s compartment shall be so loaded as not to obscure the vision of the

driver to the front or to either side.

(6) The length limitations of vehicles and combinations of vehicles provided for in this section as

they apply to vehicles being operated and utilized for the transportation of steel, fabricated

beams, trusses, utility poles, and pipes shall be determined without regard to the projection of

said commodities beyond the extreme front or rear of the vehicle or combination of vehicles;

except that the projection of a load to the front shall be governed by the provisions of subsection

(5) of this section, and no load shall project to the rear more than ten feet.

(7) Any person who violates any provision of this section commits a class B traffic infraction.

505. Longer vehicle combinations.

(1) Notwithstanding any other provision of this Code to the contrary, the department of

transportation, in the exercise of its discretion, may issue permits for the use of longer vehicle

combinations. An annual permit for such use may be issued to each qualified carrier company. The

carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer

vehicle combination; except that, if a peace officer, as described in section 16-2.5-101, or an

authorized agent of the department of transportation may determine that the permit can be

electronically verified at the time of contact, a copy of the permit need not be in each vehicle.

The fee for the permit shall be two hundred fifty dollars per year.

(2) The permits shall allow operation, over designated highways, of the following vehicle

combinations of not more than three cargo units and neither fewer than six axles nor more than

nine axles:

(a) An unladen truck tractor, a semitrailer, and two trailers. A semitrailer used with a

converter dolly shall be considered a trailer. Semitrailers and trailers shall be of

approximately equal lengths not to exceed twenty-eight feet six inches in length.

(b) An unladen truck tractor, a semitrailer, and a single trailer. A semitrailer used with a

converter dolly shall be considered a trailer. Semitrailers and trailers shall be of

approximately equal lengths not to exceed forty-eight feet in length. Notwithstanding any

other restriction set forth in this section, such combination may have up to eleven axles when

used to transport empty trailers.

more than forty-eight feet long, the other trailer of which is not more than twenty-eight feet

six inches long. A semitrailer used with a converter dolly shall be considered a trailer. The

shorter trailer shall be operated as the rear trailer.

(d) A truck and single trailer, having an overall length of not more than eighty-five feet, the

truck of which is not more than thirty-five feet long and the trailer of which is not more than

forty feet long. For the purposes of this paragraph (d), a semitrailer used with a converter

dolly shall be considered a trailer.

(3) The long combinations are limited to interstate highway 25, interstate highway 76, interstate

highway 70 west of its intersection with state highway 13 in Garfield county, interstate highway 70

east of its intersection with U.S. 40 and state highway 26, the circumferential highways designated

I-225 and I-270, and state highway 133 in Delta county from mile marker 8.9 to mile marker 9.7.

(4) The department of transportation shall promulgate rules and regulations governing the

issuance of the permits, including, but not limited to, selection of carriers, driver qualifications,

equipment selection, hours of operation, and safety considerations; except that they shall not

include hazardous materials subject to regulation by the provisions of Code 20 of this title.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

506. Trailers and towed vehicles.

(1) When one vehicle is towing another, the drawbar or other connection shall be of sufficient

strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed

fifteen feet from one vehicle to the other, except the connection between any two vehicles

transporting poles, pipe, machinery, or other objects of a structural nature which cannot readily

be dismembered and except connections between vehicles in which the combined lengths of the

vehicles and the connection does not exceed an overall length of fifty-five feet and the

connection is of rigid construction included as part of the structural design of the towed vehicle.

(2) When one vehicle is towing another and the connection consists of a chain, rope, or cable,

there shall be displayed upon such connection a white flag or cloth not less than twelve inches

square.

(3) Whenever one vehicle is towing another, in addition to the drawbar or other connection,

except a fifth wheel connection meeting the requirements of the department of transportation,

safety chains or cables arranged in such a way that it will be impossible for the vehicle being

towed to break loose from the vehicle towing in the event the drawbar or other connection were

to be broken, loosened, or otherwise damaged shall be used. This subsection (3) shall apply to all

motor vehicles, to all trailers, except semitrailers connected by a proper fifth wheel, and to any

dolly used to convert a semitrailer to a full trailer.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

507. Wheel and axle loads.

(1) The gross weight upon any wheel of a vehicle shall not exceed the following:

(a) When the wheel is equipped with a solid rubber or cushion tire, eight thousand pounds;

(b) When the wheel is equipped with a pneumatic tire, nine thousand pounds.

(2) The gross weight upon any single axle or tandem axle of a vehicle shall not exceed the

following:

(a) When the wheels attached to said axle are equipped with solid rubber or cushion tires,

sixteen thousand pounds;

(b) Except as provided in paragraph (b.5) of this subsection (2), when the wheels attached to a

single axle are equipped with pneumatic tires, twenty thousand pounds;

(b.5) When the wheels attached to a single axle are equipped with pneumatic tires and the

vehicle or vehicle combination is a digger derrick or bucket boom truck operated by an

electric utility on a highway that is not on the interstate system as defined in section 43-2-101

(2), twenty-one thousand pounds;

thousand pounds for highways on the interstate system and forty thousand pounds for

highways not on the interstate system.

(3)(a) Vehicles equipped with a self-compactor and used solely for the transporting of trash are

exempted from the provisions of paragraph (b) of subsection (2) of this section.

(b) (omitted for 1987 passed date?)

exempt from paragraph (c) of subsection (2) of this section of the vehicle:

(I) Is equipped with a vacuum or jet equipment to load or unload solid, semisolid, or liquid

waste for water or wastewater treatment or transportation systems or for the removal of

storm water; and

(II) Is not operated on the interstate system as defined by section 43-2-101.

(4) For the purposes of this section:

(a) A single axle is defined as all wheels, whose centers may be included within two parallel

transverse vertical planes not more than forty inches apart, extending across the full width of

the vehicle.

(b) A tandem axle is defined as two or more consecutive axles, the centers of which may be

included between parallel vertical planes spaced more than forty inches and not more than

ninety-six inches apart, extending across the full width of the vehicle.

(5) The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five hundred

pounds per inch of cross-sectional width of tire.

(6) Any person who drives a vehicle or owns a vehicle in violation of any provision of this section

commits a class 2 misdemeanor traffic offense.

508. Gross weight of vehicles and loads - definition.

(1)(a) Except as provided in subsection (1.5) of this section, a person shall not move or operate a

vehicle or combination of vehicles on any highway or bridge when the gross weight upon any one

axle of a vehicle exceeds the limits prescribed in section 507.

(b) Subject to the limitations prescribed in section 507, the maximum gross weight of any

vehicle or combination of vehicles shall not exceed that determined by the formula W = 1,000

(L + 40), where W represents the gross weight in pounds and L represents the length in feet

between the centers of the first and last axles of such vehicle or combination of vehicles;

except that, in computation of this formula, the gross vehicle weight must not exceed eighty-

five thousand pounds. For the purposes of this section, where a combination of vehicles is

used, a vehicle must not carry a gross weight of less than ten percent of the overall gross

weight of the combination of vehicles; except that these limitations shall not apply to

specialized trailers of fixed public utilities whose axles may carry less than ten percent of the

weight of the combination. The limitations provided in this section must be strictly construed

and enforced.

section 510, a person shall not move or operate a vehicle or combination of vehicles on any

highway or bridge that is part of the national system of interstate and defense highways, also

known as the interstate system, when the gross weight of such vehicle or combination of

vehicles exceeds the amount determined by the formula W = 500 [(LN/N-1) + 12N + 36], up to

a maximum of eighty thousand pounds, where W represents the overall gross weight on any

group of two or more consecutive axles to the nearest 500 pounds, L represents the distance

in feet between the extreme of any group of two or more consecutive axles, and N represents

the number of axles in the group.

(d) For the purposes of this subsection (1), where a combination of vehicles is used, a vehicle

must not carry a gross weight of less than ten percent of the overall gross weight of the

combination of vehicles; except that this limitation does not apply to specialized trailers

whose specific use is to haul poles and whose axles may carry less than ten percent of the

weight of the combination.

(1.5) The gross weight limits provided in subsection (1) of this section increase, but by no more

than two thousand pounds, for any vehicle or combination of vehicles if the vehicle or combination

of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative

and conventional fuel. For the purposes of this subsection (1.5), "alternative fuel" has the same

meaning provided in section 24-30-1104(2)(c)(III)(a).

(2) The department upon registering any vehicle under the laws of this state, which vehicle is

designed and used primarily for the transportation of property or for the transportation of ten or

more persons, may acquire such information and may make such investigation or tests as

necessary to enable it to determine whether such vehicle may safely be operated upon the

highways in compliance with all the provisions of this article. The department shall not register

any such vehicle for a permissible gross weight exceeding the limitations set forth in sections

501 to 512 and 1407 of this Code. Every such vehicle shall meet the following requirements:

(a) It shall be equipped with brakes as required in section 223;

(b) Every motor vehicle to be operated outside of business and residential district shall have

motive power adequate to propel at a reasonable speed such vehicle and any load thereon or

be drawn thereby.

(3) If the federal highway administration or the United States congress prescribes or adopts vehicle

size or weight limits greater than those now prescribed by the “Federal-Aid Highway Act of 1956”,

which limits exceed in full or in part the provisions of section 504 or paragraph (b) or (c) of

subsection (1) of this Code, the transportation commission, upon determining that Colorado

highways have been constructed to standards which will accommodate such additional size or

weight and that the adoption of said size and weight limitations will not jeopardize any

distribution of federal highway funds to the state, may adopt size and weight limits comparable to

those prescribed or adopted by the federal highway administration or the United States congress

and may authorize said limits to be used by owners or operators of vehicles while said vehicles are

using highways within this state; but no vehicle size or weight limit so adopted by the commission

shall be less in any respect than those now provided for in section 504 or paragraph (b) or (c) of

subsection (1) of this section.

(4) Any person who drives a vehicle or owns a vehicle in violation of any provision of this section

commits a class 2 misdemeanor traffic offense.

509. Vehicles weighed – excess removed.

(1) Any police or peace officer, as described in section 16-2.5-101, having reason to believe that

the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit

to a weighing of the same by means of either portable or stationary scales or shall require that

such vehicle be driven to the nearest public scales in the event such scales are within five miles.

(2)(a) Except as provided in paragraph (b) of this subsection (2), whenever an officer upon

weighing a vehicle and load as provided in subsection (1) of this section determines that the

weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and

remain standing until such portion of the load is removed as may be necessary to reduce the gross

weight of such vehicle to such limit as permitted under sections 501 to 512 and 1407. All material

so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner

or operator.

(b) Whenever an officer upon weighing a vehicle and load as provided in subsection (1) of this

section determines that the weight is unlawful and the load consists solely of either explosives

or hazardous materials as defined in section 102 (32), such officer shall permit the driver of

such vehicle to proceed to the driver’s destination without requiring the driver to unload the

excess portion of such load.

(3) Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a

weighing or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop

the vehicle and otherwise comply with the provisions of this section commits a class 2

misdemeanor traffic offense.

510. Permits for excess size and weight and for manufactured homes – rules -

definition.

(1)(a) Any local authority with respect to highways under its jurisdiction may, upon application in

writing and good cause being shown therefor, issue a single trip, a special, or an annual permit in

writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size

or weight of vehicle or load exceeding the maximum specified in this Code or otherwise not in

conformity with the provisions of this Code upon any highway under the jurisdiction of the party

granting such permit and for the maintenance of which said party is responsible; except that

permits for the movement of any manufactured home shall be issued as provided in subsection (2)

of this section.

(b)(I) The application for any permit shall specifically describe the vehicle and load to be

operated or moved and the particular highways for which the permit to operate is requested,

and whether such permit is for a single trip, a special, or an annual operation, and the time of

such movement. All local permits shall be issued in the discretion of the local authority

pursuant to ordinances or resolutions adopted in accordance with section 511. Any ordinances

or resolutions of local authorities shall not conflict with this section.

(II) An overweight permit issued pursuant to this section shall be available for overweight

divisible loads if:

(A) The vehicle has a quad axle grouping and the maximum gross weight of the vehicle

does not exceed one hundred ten thousand pounds; or

(B) The vehicle is operated in combination with a trailer or semitrailer, the trailer has

two or three axles, and the maximum gross weight of the vehicle does not exceed

ninety-seven thousand pounds; and

“Motor Carrier Safety Improvement Act of 1999”, Pub.L. 106-159, as amended, as

applicable to commercial vehicles; and

(D) The vehicle complies with rules promulgated by the department of transportation

concerning the distribution of the load upon the vehicle’s axles.

(III) A permit issued pursuant to this paragraph (b) shall not authorize the operation or

movement of a motor vehicle on the interstate highway in violation of federal law.

(c)(I) A single trip or annual permit shall be issued pursuant to this section for a self-propelled

fixed load crane that exceeds legal weight limits if it does not exceed the weight limits

authorized by the department of transportation. A boom trailer or boom dolly shall not be

permitted unless the boom trailer or boom dolly is attached to the crane in a manner and for

the purpose of distributing load to meet the weight requirements established by the

department. A self-propelled fixed load crane may be permitted with counterweights when a

boom trailer or boom dolly is used if the counterweights do not exceed the manufacturer’s

rated capacity of the self-propelled fixed load crane and do not cause the vehicle to exceed

permitted axle or gross weight limits. A permit issued pursuant to this paragraph (c) shall not

authorize movement on interstate highways if not approved by federal law.

(II) For the purposes of this paragraph (c), “self-propelled fixed load crane” means a self-

powered mobile crane designed with equipment or parts permanently attached to the body

of the crane. A self-propelled fixed load crane includes, without limitation, the crane’s

shackles and slings.

(d) For the purposes of this section, section 42-4-511, and any rule promulgated under this

section or section 42-4-511, a load of fluid milk products carried by a vehicle is deemed to not

be a divisible load.

Note: 1.5 & 1.7(2)(a) An authentication of paid ad valorem taxes, after notification of such

movement to the county treasurer, may serve as a permit for movement of manufactured homes

on public streets or highways under the county’s jurisdiction. An authentication of paid ad

valorem taxes from the county treasurer of the county from which the manufactured home is to

be moved, after notification of such movement has been provided to the county assessor of the

county to which the manufactured home is to be moved, pursuant to section 39-5-205, may also

serve as a permit for the movement of manufactured homes from one adjoining county to an

adjoining county on streets and highways under local jurisdiction. The treasurer shall issue along

with the authentication of paid ad valorem taxes a transportable manufactured home permit. The

treasurer may establish and collect a fee, which shall not exceed ten dollars, for issuing the

authentication of paid ad valorem taxes and the transportable manufactured home permit. Such

transportable manufactured home permit shall be printed on an eleven inch by six inch fluorescent

orange card and shall contain the following information: The name and address of the owner of

the mobile home; the name and address of the mover; the transport number of the mover, a

description of the mobile home including the make, year, and identification or serial number; the

county authentication number; and an expiration date. The expiration date shall be set by the

treasurer, but in no event shall the expiration date be more than thirty days after the date of

issue of the permit. Such transportable manufactured home permit shall be valid for a single trip

only. The transportable manufactured home permit shall be prominently displayed on the rear of

the mobile home during transit of the mobile home. Peace officers and local tax and assessment

officials may request, and upon demand shall be shown, all moving permits, tax receipts, or

certificates required by this subsection (2). Nothing in this section shall require a permit from a

county treasurer for the movement of a new manufactured home. For the purposes of this section,

a new manufactured home is one in transit under invoice or manufacturer’s statement of origin

which has not been previously occupied for residential purposes.

(b) All applications for permits to move manufactured homes over state highways shall comply

with the following special provisions:

(I) Each such application shall be for a single trip, a special permit, an annual permit, or,

subject to the requirements of paragraph (a) of subsection (1.5) of this section, an annual

fleet permit. The application shall be accompanied by a certificate or other proof of public

liability insurance in amounts of not less than one hundred thousand dollars per person and

three hundred thousand dollars per accident for all manufactured homes moved within this

state by the permit holder during the effective term of the permit. Each application for a

single trip permit shall be accompanied by an authentication of paid ad valorem taxes on

the used manufactured home.

(II) Holders of permits shall keep and maintain, for not less than three calendar years,

records of all manufactured homes moved in whole or in part within this state, which

records shall include the plate number of the towing vehicle; the year, make, serial

number, and size of the unit moved, together with date of the move; the place of pickup;

and the exact address of the final destination and the county of final destination and the

name and address of the landowner of the final destination. These records shall be available

upon request within this state for inspection by the state of Colorado or any of its ad

valorem taxing governmental subdivisions.

(III) Holders of permits shall obtain an authentication of paid ad valorem taxes through the

date of the move from the owner of a used manufactured home or from the county

treasurer of the county from which the used manufactured home is being moved. Permit

holders shall notify the county treasurer of the county from which the manufactured home

is being moved of the new exact address of the final destination and the county of final

destination of the manufactured home and the name and address of the landowner of the

final destination, and, if within the state, the county treasurer shall forward copies of the

used manufactured home tax certificate to the county assessor of the destination county.

County treasurers may compute ad valorem manufactured home taxes due based upon the

next preceding year’s assessment prorated through the date of the move and accept

payment of such as payment in full.

(IV) No owner of a manufactured home shall move the manufactured home or provide for

the movement of the manufactured home without being the holder of a paid ad valorem tax

certificate and a transportable manufactured home permit thereon, and no person shall

assist such an owner in the movement of such owner’s manufactured home, including a

manufactured home dealer. Except as otherwise provided in this paragraph (b), a permit

holder who moves any manufactured home within this state shall be liable for all unpaid ad

valorem taxes thereon through the date of such move if movement is made prior to

payment of the ad valorem taxes due on the manufactured home moved.

(V) In the event of an imminent natural or man-made disaster or emergency, including, but

not limited to, rising waters, flood, or fire, the owner, owner’s representative or agent,

occupant, or tenant of a manufactured home or the mobile home park owner or manager,

lienholder, or manufactured home dealer is specifically exempted from the need to obtain a

permit pursuant to this section and may move the endangered manufactured home out of

the danger area to a temporary or new permanent location and may move such

manufactured home back to its original location without a permit or penalty or fee

requirement. Upon any such move to a temporary location as a result of a disaster or

emergency, the person making the move or such person’s agent or representative shall

notify the county assessor in the county to which the manufactured home has been moved,

within twenty days after such move, of the date and circumstances pertaining to the move

and the temporary or permanent new location of the manufactured home. If the

manufactured home is moved to a new permanent location from a temporary location as a

result of a disaster or emergency, a permit for such move shall be issued but no fee shall be

assessed.

(3) Any local authority is authorized to issue or withhold a permit, as provided in this section, and,

if such permit is issued, to limit the number of trips, or to establish seasonal or other time

limitations within which the vehicles described may be operated on the highways indicated, or

otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to protect

the safety of highway users, to protect the efficient movement of traffic from unreasonable

interference, or to protect the highways from undue damage to the road foundations, surfaces, or

structures and may require such undertaking or other security as may be deemed necessary to

compensate for any injury to any highway or highway structure.

(4) The original or a copy of every such permit shall be carried in the vehicle or combination of

vehicles to which it refers and shall be open to inspection by any police officer or authorized

agent of any authority granting such permit; except that, if a peace officer, as described in

section 16-2.5-101, or an authorized agent of the authority that granted a permit may determine

that the permit can be electronically verified at the time of contact, a copy of the permit need

not be carried in the vehicle or combination of vehicles to which it refers. No person shall violate

any of the terms or conditions of such permit.

(5) No vehicle having a permit under this section shall be remodeled, rebuilt, altered, or changed

except in such a way as to conform to those specifications and limitations established in sections

501 to 507 and 1407.

(6) Any person who has obtained a valid permit for the movement of any oversize vehicle or load

may attach to such vehicle or load or to any vehicle accompanying the same not more than three

illuminated flashing yellow signals as warning devices.

(7) No permit shall be necessary for the operation of authorized emergency vehicles, public

transportation vehicles operated by municipalities or other political subdivisions of the state,

county road maintenance and county road construction equipment temporarily moved upon the

highway, implements of husbandry, and farm tractors temporarily moved upon the highway,

including transportation of such tractors or implements by a person dealing therein to such

person’s place of business within the state or to the premises of a purchaser or prospective

purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight

provisions of this part 5.

(8) The department of transportation shall have a procedure to allow those persons who are

transporting loads from another state into Colorado and who would require a permit under the

provisions of this section to make advance arrangements by telephone or other means of

communication for the issuance of a permit if the load otherwise complies with the requirements

of this section.

(9) No permit shall be necessary for the operation of authorized emergency vehicles, public

transportation vehicles operated by municipalities or other political subdivisions of the state,

county road maintenance and county road construction equipment temporarily moved upon the

highway, implements of husbandry, and farm tractors temporarily moved upon the highway,

including transportation of such tractors or implements by a person dealing therein to such

person's place of business within the state or to the premises of a purchaser or prospective

purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight

provisions of this part 5.

(10) Local law enforcement officials shall verify the validity of permits issued under this section

whenever feasible. Upon determination by any of such officials or by any personnel of a county

assessor's or county treasurer's office indicating that a manufactured home has been moved

without a valid permit, the district attorney shall investigate and prosecute any alleged violation

as authorized by law.

(11)(a) The department of transportation or the Colorado state patrol may charge permit

applicants permit fees as follows:

(I) For overlength, overwidth, and overheight permits on loads or vehicles which do not

exceed legal weight limits:

(A) Annual permit, two hundred fifty dollars;

(B) Single trip permit, fifteen dollars;

(II) Not applicable.

(III) For overweight permits for vehicles or loads exceeding legal weight limits up to two

hundred thousand pounds:

(A) Annual permit, four hundred dollars;

(B) Single trip permit, fifteen dollars plus five dollars per axle;

vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any

group of two or more vehicles owned by one person. This sub-subparagraph (C) shall

apply only to longer vehicle combinations as defined in section 505.

(IV) Special permits for structural, oversize, or overweight moves requiring extraordinary

action or moves involving weight in excess of two hundred thousand pounds, one hundred

twenty-five dollars for a permit for a single trip, including a super-load permit issued under

subsection (1.7) of this section; except that a super-load permit fee is four hundred dollars;

(V) The fee for an annual fleet permit issued pursuant to subsection (1.5) or (2) of this

section is three thousand dollars for a fleet of from two to ten vehicles plus three hundred

dollars for each additional vehicle in the fleet;

(VI) For overweight permits for vehicles that have a quad axle grouping for subdivisible

vehicles or loads exceeding legal weight limits issued pursuant to subsection (1)(b)(II)(A) of

this section:

(A) Annual permit, five hundred dollars; and

(B) Single trip permit, thirty dollars plus ten dollars per axle.

(VII) For overweight permits for vehicle combinations with a trailer that has two or three

axles for divisible vehicles or loads exceeding legal weight limits established by subsection

(1)(b)(II)(B) of this section:

(A) Annual permit, five hundred dollars;

(B) Six-month permit, two hundred fifty dollars; and

(VIII) For annual fleet overweight permits for fleets of vehicles that have a quad axle

grouping, fleets of vehicle combinations with a trailer that has two or three axles, and

fleets of both vehicles that have a quad axle grouping and vehicle combinations with a

trailer that has two or three axles for divisible vehicles or loads exceeding legal weight

limits established by subsection (1)(b)(II) of this section, two thousand dollars plus thirty-

five dollars per vehicle to be permitted.

(b) Any local authority may impose a fee, in addition to but not to exceed the amounts

required in subparagraphs (I) and (III) of paragraph (a) of this subsection (11), as provided by

the applicable local ordinance or resolution; and, in the case of a permit under subparagraph

(IV) of paragraph (a) of this subsection (11), the amount of the fee shall not exceed the actual

cost of the extraordinary action.

(12)(a) Any person holding a permit issued pursuant to this section or any person operating a

vehicle pursuant to such permit who violates any provision of this section, any ordinance or

resolution of a local authority, or any standards or rules or regulations promulgated pursuant to

this section, except the provisions of subsection (2)(b)(IV) of this section, commits a class 2

misdemeanor.

(b) Any person who violates the provisions of subsection (2)(b)(IV) of this section commits a

petty offense.

refuse to renew, or refuse to issue any permit authorized by this section upon a finding that

the holder of the permit has violated the provisions of this section, any ordinance or resolution

of the local authority, or any standards or rules promulgated pursuant to this section.

(d) A driver or holder of a permit issued pursuant to subsection (1.7) of this section who fails

to comply with the terms of the permit or subsection (1.7) of this section commits a class 2

misdemeanor.

511. Permit standards - state and local.

(1)(a) Any permits which may be required by local authorities shall be issued in accordance with

ordinances and resolutions adopted by the respective local authorities after a public hearing at

which testimony is received from affected motor vehicle owners and operators. Notice of such

public hearing shall be published in a newspaper having general circulation within the local

authority’s jurisdiction. Such notice shall not be less than eight days prior to the date of hearing.

The publication shall not be placed in that portion of the newspaper in which legal notices or

classified advertisements appear. Such notice shall state the purpose of the hearing, the time and

place of the hearing, and that the general public, including motor vehicle owners and operators to

be affected, may attend and make oral or written comments regarding the proposed ordinance or

resolution. Notice of any subsequent hearing shall be published in the same manner as for the

original hearing.

(b) At least thirty days prior to such public hearing, the local authority shall transmit a copy of

the proposed ordinance or resolution to the department of transportation for its comments,

and said department shall make such comments in writing to the local authority prior to such

public hearing.

permits for the movement of oversize or overweight vehicles or loads shall file a copy of the

ordinance or resolution with the department of transportation.

512. Liability for damage to highway.

(1) No person shall drive, operate, or move upon or over any highway or highway structure any

vehicle, object, or contrivance in such a manner so as to cause damage to said highway or highway

structure. When the damage sustained to said highway or highway structure is the result of the

operating, driving, or moving of such vehicle, object, or contrivance weighing in excess of the

maximum weight authorized by sections 501 to 512 and 1407, it shall be no defense to any action,

either civil or criminal, brought against such person that the weight of the vehicle was authorized

by special permit issued in accordance with sections 501 to 512 and 1407.

(2) Every person violating the provisions of subsection (1) of this section shall be liable for all

damage which said highway or highway structure may sustain as a result thereof. Whenever the

driver of such vehicle, object, or contrivance is not the owner thereof but is operating, driving, or

moving such vehicle, object, or contrivance with the express or implied consent of the owner

thereof, then said owner or driver shall be jointly and severally liable for any such damage. The

liability for damage sustained by any such highway or highway structure may be enforced by a civil

action by the authorities in control of such highway or highway structure. No satisfaction of such

civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for

violation of the provisions of subsection (1) of this section.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

Part 6

Signals - Signs – Markings

601. Local governments to sign highways, where.

This local government shall place and maintain such traffic control devices, conforming to the

"Manual of Uniform Traffic Control Devices" and specifications, upon streets and highways as it

deems necessary to indicate and to carry out the provisions of this Code or to regulate, warn, or

guide traffic.

602. Local traffic control devices.

(1) No local authority shall erect or maintain any stop sign or traffic control signal at any location

so as to require the traffic on any state highway to stop before entering or crossing any

intersecting highway unless approval in writing has first been obtained from the department of

transportation.

(2) Where practical no local authority shall maintain three traffic control signals located on a

roadway so as to be within one minute’s driving time (to be determined by the speed limit) from

any one of the signals to the other without synchronizing the lights to enhance the flow of traffic

and thereby reduce air pollution.

603. Obedience to official traffic control devices.

(1) No driver of a vehicle shall disobey the instructions of any official traffic control device

including any official hand signal device placed or displayed in accordance with the provisions of

this Code unless otherwise directed by a police officer subject to the exceptions in this Code

granted the driver of an authorized emergency vehicle.

(2) No provision of this Code for which official traffic control devices are required shall be

enforced against an alleged violator if at the time and place of the alleged violation an official

device is not in proper position and sufficiently legible to be seen by an ordinarily observant

person. Whenever a particular section does not state that official traffic control devices are

required, such section shall be effective even though no devices are erected or in place.

(3) Whenever official traffic control devices are placed in position approximately conforming to

the requirements of this Code, such devices shall be presumed to have been so placed by the

official act or direction of lawful authority unless the contrary is established by competent

evidence.

(4) Any official traffic control device placed pursuant to the provisions of this Code and purporting

to conform to the lawful requirements pertaining to such devices shall be presumed to comply

with the requirements of this Code unless the contrary is established by competent evidence.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

604. Traffic control signal legend.

(1) If traffic is controlled by traffic control signals exhibiting different colored lights, or colored

lighted arrows, successively one at a time or in combination as declared in the traffic control

manual adopted by the department of transportation, only the colors green, yellow, and red shall

be used, except for special pedestrian-control signals carrying a word or symbol legend as

provided in section 802, and said lights, arrows, and combinations thereof shall indicate and apply

to drivers of vehicles and pedestrians as follows:

(a) Green indication:

(I) Vehicular traffic facing a circular green signal may proceed straight through or turn right

or left unless a sign at such place prohibits such turn; but vehicular traffic, including

vehicles turning right or left, shall yield the right-of-way to other vehicles and to

pedestrians lawfully within the intersection and to pedestrians lawfully within an adjacent

crosswalk at the time such signal is exhibited.

(II) Vehicular traffic facing a green arrow signal, shown alone or in combination with

another indication, may cautiously enter the intersection only to make the movement

indicated by such arrow or such other movement as is permitted by other indications shown

at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully

within an adjacent crosswalk and to other traffic lawfully using the intersection.

(III) Unless otherwise directed by a pedestrian-control signal as provided in section 42-4-

802, pedestrians facing any green signal, except when the sole green signal is a turn arrow,

may proceed across the roadway within any marked or unmarked crosswalk.

(b) Steady yellow indication:

(I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned

that the related green movement is being terminated or that a red indication will be

exhibited immediately thereafter.

(II) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise

directed by a pedestrian-control signal as provided in section 802, are thereby advised that

there is insufficient time to cross the roadway before a red indication is shown, and no

pedestrian shall then start to cross the roadway.

(I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked

stop line but, if none, before entering the crosswalk on the near side of the intersection or,

if none, then before entering the intersection and shall remain standing until an indication

to proceed is shown; except that:

(A) Such vehicular traffic, after coming to a stop and yielding the right-of-way to

pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the

intersection, may make a right turn, unless state or local road authorities within their

respective jurisdictions have by ordinance or resolution prohibited any such right turn

and have erected an official sign at each intersection where such right turn is prohibited.

(B) Such vehicular traffic, when proceeding on a one-way street and after coming to a

stop, may make a left turn onto a one-way street upon which traffic is moving to the left

of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians

and other traffic proceeding as directed. No turn shall be made pursuant to this sub-

subparagraph (B) if local authorities have by ordinance prohibited any such left turn and

erected a sign giving notice of any such prohibition at each intersection where such left

turn is prohibited.

public peace, health, and safety, the general assembly declares that no local authority

shall have any discretion other than is expressly provided in this subparagraph (I).

(II) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless

otherwise directed by a pedestrian-control signal as provided in section 802.

(III) Vehicular traffic facing a steady red arrow signal may not enter the intersection to

make the movement indicated by such arrow and, unless entering the intersection to make

such other movement as is permitted by other indications shown at the same time, shall

stop at a clearly marked stop line but, if none, before entering the crosswalk on the near

side of the intersection or, if none, then before entering the intersection and shall remain

standing until an indication to make the movement indicated by such arrow is shown.

(IV) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless

otherwise directed by a pedestrian-control signal as provided in section 802.

(d) Non-intersection signal: In the event an official traffic control signal is erected and

maintained at a place other than an intersection, the provisions of this section shall be

applicable except as to those provisions which by their nature can have no application. Any

stop required shall be made at a sign or pavement marking indicating where the stop shall be

made, but in the absence of any such sign or marking the stop shall be made at the signal.

(e) Lane-use-control signals: Whenever lane-use-control signals are placed over the individual

lanes of a street or highway, as declared in the traffic control manual adopted by the

department of transportation, such signals shall indicate and apply to drivers of vehicles as

follows:

(I) Downward-pointing green arrow (steady): A driver facing such signal may drive in any

lane over which said green arrow signal is located.

(II) Yellow “X” (steady): A driver facing such signal is warned that the related green arrow

movement is being terminated and shall vacate in a safe manner the lane over which said

steady yellow signal is located to avoid if possible occupying that lane when the steady red

“X” signal is exhibited.

(III) Yellow “X” (flashing): A driver facing such signal may use the lane over which said

flashing yellow signal is located for the purpose of making a left turn or a passing maneuver,

using proper caution, but for no other purpose.

(IV) Red “X” (steady): A driver facing such signal shall not drive in any lane over which said

red signal is exhibited.

(2) Any person who violates any provision of this section commits a class A traffic infraction.

605. Flashing signals.

(1) Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic sign

or a traffic signal or as a traffic beacon, it shall require obedience by vehicular traffic as follows:

(a) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop

at a clearly marked stop line but, if none, before entering the crosswalk on the near side of

the intersection or, if none, then at the point nearest the intersecting roadway where the

driver has a view of approaching traffic on the intersecting roadway before entering the

intersection, and the right to proceed shall be subject to the rules applicable after making a

stop at a stop sign.

(b) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may

proceed past such signal and through the intersection or other hazardous location only with

caution.

(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles

approaching railroad crossings shall be governed by the provisions of sections 706 to 708.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

606. Display of unauthorized signs or devices.

(1) No person shall place, maintain, or display upon or in view of any highway any unauthorized

sign, signal, marking, or device which purports to be or is an imitation of or resembles an official

traffic control device or railroad sign or signal, or which attempts to direct the movement of

traffic, or which hides from view or interferes with the effectiveness of any official traffic control

device or any railroad sign or signal, and no person shall place or maintain nor shall any public

authority permit upon any highway any traffic sign or signal bearing thereon any commercial

advertising. The provisions of this section shall not be deemed to prohibit the use of motorist

services information of a general nature on official highway guide signs if such signs do not

indicate the brand, trademark, or name of any private business or commercial enterprise offering

the service, nor shall this section be deemed to prohibit the erection upon private property

adjacent to highways of signs giving useful directional information and of a type that cannot be

mistaken for official signs.

(2) Every such prohibited sign, signal, or marking is declared to be a public nuisance, and the

authority having jurisdiction over the highway is empowered to remove the same or cause it to be

removed without notice.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

(4) The provisions of this section shall not be applicable to informational sites authorized under

section 43-1-405.

(5) The provisions of this section shall not be applicable to specific information signs authorized

under section 43-1-420.

607. Interference with official devices.

(1)(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock

down, remove, or interfere with the effective operation of any official traffic control device or

any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof.

Except as otherwise provided in subsection (2) of this section, any person who violates any

provision of this paragraph (a) commits a class B traffic infraction.

(b) No person shall possess or sell, without lawful authority, an electronic device that is

designed to cause a traffic light to change. A person who violates any provision of this

paragraph (b) commits a class B traffic infraction.

(2)(a) No person shall use an electronic device, without lawful authority, that causes a traffic light

to change. Except as otherwise provided in paragraph (b) of this subsection (2), a person who

violates any provision of this paragraph (a) commits a class A traffic infraction.

(b) A person who violates any provision of paragraph (a) of this subsection (2) and thereby

proximately causes bodily injury to another person commits a class 1 misdemeanor traffic

offense. In addition to any other penalty imposed by law, the court shall impose a fine of one

thousand dollars.

608. Signals by hand or signal device.

(1) Any stop or turn signal when required as provided by section 42-4-903, shall be given either by

means of the hand and arm as provided by section 42-4-609, or by signal lamps or signal device of

the type approved by the department, except as otherwise provided in subsection (2) of this

section.

(2) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be

given by, signal lamps when the distance from the center of the top of the steering post to the

left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches or

when the distance from the center of the top of the steering post to the rear limit of the body or

load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also

to any combination of vehicles.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

609. Method of giving hand and arm signals.

(1) All signals required to be given by hand and arm shall be given from the left side of the vehicle

in the following manner, and such signals shall indicate as follows:

(a) Left-turn, hand and arm extended horizontally;

(b) Right-turn, hand and arm extended upward;

(2) Any person who violates any provision of this section commits a class A traffic infraction.

610. Unauthorized insignia.

No owner shall display upon any part of the owner’s vehicle any official designation, sign, or

insignia of any public or quasi-public corporation or municipal, state, or national department or

governmental subdivision without authority of such agency or any insignia, badge, sign, emblem,

or distinctive mark of any organization or society of which the owner is not a bona fide member or

otherwise authorized to display such sign or insignia. Any person who violates any provision of this

section commits a class B traffic infraction.

611. Paraplegic persons or persons with disabilities - distress flag.

(1) Any paraplegic person or person with a disability when in motor vehicle distress is authorized

to display by the side of such person’s disabled vehicle a white flag of approximately seven and

one-half inches in width and thirteen inches in length, with the letter “D” thereon in red color

with an irregular one-half inch red border. Said flag shall be of reflective material so as to be

readily discernible under darkened conditions, and said reflective material must be submitted to

and approved by the department of transportation before the same is used.

(2) Any person who is not a paraplegic person or a person with a disability who uses such flag as a

signal or for any other purpose is guilty of a misdemeanor and, upon conviction thereof, shall be

punished by a fine of not less than one hundred dollars nor more than three hundred dollars, or by

imprisonment in the county jail for not less than ten days nor more than ninety days, or by both

such fine and imprisonment.

(3) Any person who is not a paraplegic person or a person with a disability who uses such flag as a

signal or for any other purpose commits a class A traffic infraction.

612. When signals are inoperative or malfunctioning.

(1)(a) When a driver approaches an intersection and faces a traffic control signal that is

inoperative, that remains on steady red or steady yellow during several time cycles, or that does

not recognize a motorcycle or autocycle that is operated by the driver, the provisions controlling

entrance to a through street or highway from a stop sign or highway, as provided under section

703, apply until a police officer assumes control of traffic or until the traffic control signal

resumes normal operation.

(b) If a traffic control signal at a place other than an intersection ceases to operate or

malfunctions as specified in subsection (1)(a) of this section, drivers may proceed past the

signal only with caution, as if the signal were flashing yellow.

(2) Whenever a pedestrian faces a pedestrian-control signal as provided in section 802 which is

inoperative or which remains on “Don’t Walk” or “Wait” during several time cycles, such

pedestrian shall not enter the roadway unless the pedestrian can do so safely and without

interfering with any vehicular traffic.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

100

613. Failure to pay toll established by regional transportation authority.

Any person who fails to pay a required fee, toll, rate, or charge established by a regional

transportation authority created pursuant to part 6 of Code 4 of title 43, for the privilege of

traveling on or using any property included in a regional transportation system pursuant to part 6

of Code 4 of title 43, commits a class A traffic infraction.

614. Designation of highway maintenance, repair, or construction zones - signs -

increase in penalties for speeding violations.

(1)(a) If maintenance, repair, or construction activities are occurring or will occur within four

hours on a portion of a state highway, the department of transportation may designate such

portion of the highway as a highway maintenance, repair, or construction zone. Any person who

commits certain violations listed in section 1701 (4) in a maintenance, repair, or construction zone

that is designated pursuant to this section is subject to the increased penalties and surcharges

imposed by section 1701 (4)(c).

(b) If maintenance, repair, or construction activities are occurring or will occur within four

hours on a portion of a roadway that is not a state highway, the public entity conducting the

activities may designate such portion of the roadway as a maintenance, repair, or construction

zone. A person who commits certain violations listed in section 1701 (4) in a maintenance,

repair, or construction zone that is designated pursuant to this section is subject to the

increased penalties and surcharges imposed by section 1701 (4)(c).

(2) Local authorities, within their jurisdiction, shall designate a maintenance, repair, or

construction zone by erecting or placing an appropriate sign in a conspicuous place before the

area where the maintenance, repair, or construction activity is taking place or will be taking place

within four hours. Such sign shall notify the public that increased penalties for certain traffic

violations are in effect in such zone. Local authorities shall erect or place a second sign after such

zone indicating that the increased penalties for certain traffic violations are no longer in effect. A

maintenance, repair, or construction zone begins at the location of the sign indicating that

increased penalties are in effect and ends at the location of the sign indicating that the increased

penalties are no longer in effect.

(3) Signs used for designating the beginning and end of a maintenance, construction, or repair

zone shall conform to department of transportation requirements. Local authorities may display

such signs on any fixed, variable, or movable stand. Local authorities may place such a sign on a

moving vehicle if required for certain activities, including, but not limited to, highway painting

work.

615. School zones - increase in penalties for moving traffic violations.

(1) Any person who commits a moving traffic violation in a school zone is subject to the increased

penalties and surcharges imposed by section 1701(4)(d).

(2) For the purposes of this section, “school zone” means an area that is designated as a school

zone and has appropriate signs posted indicating that the penalties and surcharges will be

doubled. The state or local government having jurisdiction over the placement of traffic signs and

101

traffic control devices in the school zone area shall designate when the area will be deemed to be

a school zone for the purposes of this section. In making such designation, the state or local

government shall consider when increased penalties are necessary to protect the safety of school

children.

(3) This section does not apply if the penalty and surcharge for a violation has been doubled

pursuant to section 614 because such violation also occurred within a highway maintenance,

repair, or construction zone.

616. Wildlife crossing zones - increase in penalties for moving traffic violations.

(1) Except as described by subsection (4) of this section, a person who commits a moving traffic

violation in a wildlife crossing zone is subject to the increased penalties and surcharges imposed

by section 1701 (4)(d.5).

(2) For the purposes of this section, "wildlife crossing zone" means an area on a public highway

that:

(a) Begins at a sign that conforms to the state traffic control manual, was erected by the

department of transportation pursuant to section 118, and indicates that a person is about to

enter a wildlife crossing zone; and

(b) Extends to:

(I) A sign that conforms to the state traffic control manual, was erected by the department

of transportation pursuant to section 118, and indicates that a person is about to leave a

wildlife crossing zone; or

(II) If no sign exists that complies with subparagraph (I) of this paragraph (b), the distance

indicated on the sign indicating the beginning of the wildlife crossing zone; or

(III) If no sign exists that complies with subparagraph (I) or (II) of this paragraph (b), one-

half mile beyond the sign indicating the beginning of the wildlife crossing zone.

(3)(a) If the department of transportation erects a sign that indicates that a person is about to

enter a wildlife crossing zone pursuant to section 118, the department of transportation shall:

(I) Establish the times of day and the periods of the calendar year during which the area will

be deemed to be a wildlife crossing zone for the purposes of this section; and

(II) Ensure that the sign indicates the times of day and the periods of the calendar year

during which the area will be deemed to be a wildlife crossing zone for the purposes of this

section.

(b) In erecting signs as described in paragraph (a) of this subsection (3), the department of

transportation, pursuant to section 118, shall not erect signs establishing a lower speed limit

for more than one hundred miles of the public highways of the state that have been

established as wildlife crossing zones.

(4) This section shall not apply if:

102

(a) The person who commits a moving traffic violation in a wildlife crossing zone is already

subject to increased penalties and surcharges for said violation pursuant to section 614 or 615;

(b) The sign indicating that a person is about to enter a wildlife crossing zone does not

indicate that increased traffic penalties are in effect in the zone; or

violation during a time that the area is not deemed by the department of transportation to be

a wildlife crossing zone for the purposes of this section.

617. Steep downhill grade zones – increase in penalties and surcharges for speeding

violations – definitions.

(1) The department may designate a steep downhill grade zone in any area of any state highway

where the downhill grade is five percent or greater and where the department determines there

are safety concerns related to commercial motor vehicles exceeding the posted speed limits.

(2) The department shall erect, where applicable, signs consistent with subsection (3) of this

section notifying drivers of each area of the state highways that the department has designated as

a steep downhill grade zone.

(3) As used in this section, unless the context otherwise requires, “steep downhill grade zone”

means an area of a state highway that:

(a) begins at a sign that:

(I) conforms to the state traffic control manual;

(II) was erected by the department pursuant to subsection (2) of this section;

(III) indicates that a driver is about to enter a steep downhill grade zone; and

(IV) notifies commercial motor vehicle drivers that increased penalties and surcharges are in

effect and assessed for speeding in the zone; and

(b) extends to:

(I) a sign that:

(A) conforms to the state traffic control manual;

(B) was erected by the department pursuant to subsection (2) of this section and

(II) if no signs exist that complies with subsection (3)(b)(I) of this section, a distance:

(A) as indicated on the sign described in subsection (3)(a) of this section; or

(B) of one-half of a mile beyond the sign described in subsection (3)(a) of this section;

and (c) is designated as a steep downhill grade zone by the department of transportation

pursuant to subsection (1) of this section.

103

(4) A driver of a commercial motor vehicle who commits a speeding violation in a steep downhill

grade zone is subject to the increased penalties and surcharges imposed under section 42-4-

1701(4)(d)(7).

(5) As used in this section:

(a) “commercial motor vehicle” has the same meaning as set forth in 42-4-102(4).

(b) “department” means the department of transportation created in in section 43-1-103.

104

Part 7

Rights-Of-Way

701. Vehicles approaching or entering an intersection.

(1) When two vehicles approach or enter an intersection from different highways at approximately

the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on

the right.

(2) The foregoing rule is modified at through highways and otherwise as stated in sections 702 to

704.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

702. Vehicle turning left.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private

road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite

direction which is within the intersection or so close thereto as to constitute an immediate

hazard. Any person who violates any provision of this section commits a class A traffic infraction.

703. Entering through highway - stop or yield intersection.

(1) The department of transportation and local authorities, within their respective jurisdictions,

may erect and maintain stop signs, yield signs, or other official traffic control devices to designate

through highways or to designate intersections or other roadway junctions at which vehicular

traffic on one or more of the roadways is directed to yield or to stop and yield before entering the

intersection or junction. In the case of state highways, such regulations shall be subject to the

provisions of section 43-2-135(1)(g).

(2) Every sign erected pursuant to subsection (1) of this section shall be a standard sign adopted

by the department of transportation.

(3) Except when directed to proceed by a police officer, every driver of a vehicle approaching a

stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the

near side of the intersection, or if none, then at the point nearest the intersecting roadway where

the driver has a view of approaching traffic on the intersecting roadway before entering it. After

having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or

approaching on another roadway so closely as to constitute an immediate hazard during the time

when such driver is moving across or within the intersection or junction of roadways.

(4) The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow to a

speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a

clearly marked stop line, but if none, before entering the crosswalk on the near side of the

intersection, or if none, then at the point nearest the intersecting roadway where the driver has a

view of approaching traffic on the intersecting roadway before entering it. After slowing or

stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching

on another roadway so closely as to constitute an immediate hazard during the time such driver is

105

moving across or within the intersection or junction of roadways; except that, if a driver is

involved in a collision with a vehicle in the intersection or junction of roadways after driving past

a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver’s

failure to yield right-of-way.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

704. Vehicle entering roadway.

The driver of a vehicle about to enter or cross a roadway from any place other than another

roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or

crossed. Any person who violates any provision of this section commits a class A traffic infraction.

705. Operation of vehicle approached by emergency vehicle - operation of vehicle

approaching stationary emergency vehicle, stationary towing carrier vehicle, or

stationary public utility service vehicle.

(1) Upon the immediate approach of an authorized emergency vehicle making use of audible or

visual signals meeting the requirements of section 213 or 222, the driver of every other vehicle

shall yield the right-of-way and where possible shall immediately clear the farthest left hand lane

lawfully available to through traffic and shall drive to a position parallel to, and as close as

possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and

remain in that position until the authorized emergency vehicle has passed, except when otherwise

directed by a police officer.

(2)(a) A driver in a motor vehicle shall exhibit due care and caution and proceed as described in

subsections (2)(b) and (2)(c) of this section when approaching or passing:

(I) A stationary authorized emergency vehicle, including a port of entry vehicle, that is

giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights

as permitted by section 213 or 222;

(II) A stationary towing carrier vehicle that is giving a visual signal by means of flashing,

rotating, or oscillating yellow lights;

(III) A stationary public utility service vehicle that is operated by a public utility, as defined

in section 39-4-101 or 40-1-103, or an authorized contractor of the public utility and that is

giving a visual signal by means of flashing, rotating, or oscillating amber lights; or

(IV) A stationary motor vehicle giving a hazard signal by displaying alternately flashing lights

or displaying warning lights.

(b) On a highway with at least two adjacent lanes proceeding in the same direction on the

same side of the highway where a stationary vehicle described on subsection (2)(a) of this

section is located, the driver of an approaching or passing vehicle shall proceed with due care

and caution and yield the right-of-way by moving into a lane at least one moving lane apart

from the stationary vehicle described in subsection (2)(a) of this section unless directed

otherwise by a peace officer or other authorized emergency personnel. If movement to an

adjacent moving lane is not possible due to weather, road conditions, or the immediate

106

presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed

in the manner described in subsection (2)(c) of this section.

(c)(I) On a highway that does not have at least two adjacent lanes proceeding in the same

direction on the same side of the highway where a stationary vehicle described in subsection

(2)(a) of this section is located, or if movement by the driver of the approaching motor vehicle

into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible,

the driver of an approaching motor vehicle shall reduce and maintain a safe speed with regard

to the location of the stationary vehicle described in subsection (2)(a) of this section; weather

conditions; road conditions; and vehicular or pedestrian traffic and proceed with due care and

caution, or as directed by a peace officer or other authorized emergency personnel.

(II) For the purposes of this subsection (2)(c), the following speeds are presumed to be safe

unless the speeds are unsafe for the conditions as provided in section 1101(1) and (3):

(a) If the speed limit is less than forty-five miles per hour, twenty-five miles per hour or

less; or

(b) If the speed limit is forty-five miles per or more, twenty miles per hour less than the

speed limit.

(2.5)(a) A driver in a vehicle that is approaching or passing a maintenance, repair, or construction

vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and

proceed as described in paragraphs (b) and (c) of this subsection (2.5).

(b) On a highway with at least two adjacent lanes proceeding in the same direction on the

same side of the highway where a stationary or slow-moving maintenance, repair, or

construction vehicle is located, the driver of an approaching or passing vehicle shall proceed

with due care and caution and yield the right-of-way by moving into a lane at least one moving

lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized

emergency personnel. If movement to an adjacent moving lane is not possible due to weather,

road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of

the approaching vehicle shall proceed in the manner described in paragraph (c) of this

subsection (2.5).

(c)(I) On a highway that does not have at least two adjacent lanes proceeding in the same

direction on the same side of the highway where a stationary or slow-moving maintenance,

repair, or construction vehicle is located, or if movement by the driver of the approaching

vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5), is

not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with

regard to the location of the stationary or slow-moving maintenance, repair, or construction

vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall

proceed with due care and caution, or as directed by a peace officer or other authorized

emergency personnel.

(2.6) A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being

equipped with chains on the side of the highway shall exhibit due care and caution and proceed as

described in subsection (2) of this section. The driver of a motor vehicle that is being equipped

107

with chains shall give a hazard signal by displaying alternately flashing lights or displaying warning

lights.

(3)(a) Any person who violates subsection (1) of this section commits a class A traffic infraction.

(b)(I) Except as otherwise provided in subsection (3)(b)(II) and (3)(b)(III) of this section, any

person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as

described in 42-4-1402.

(II) If the person violates subsection (2) of this section and the person’s actions are the

proximate cause of bodily injury to another person, the person commits a class 1 traffic

misdemeanor.

(III) If the person violations subsection (2) of this section and the person’s actions are the

proximate cause of the death of another person, the person commits a class 6 felony and

shall be punished as described in section 18-1.3-401.

706. Obedience to railroad signal.

(1) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed

that is reasonable and safe for the existing conditions. If required to stop for a traffic control

device, flagperson, or safety before crossing the railroad grade crossing, the driver shall stop at

the marked stop line, if any. If no such stop line exists, the driver shall:

(a) Stop not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad

grade crossing and shall not proceed until the railroad grade can be crossed safely; or

(b) If the driver would not have a reasonable view of approaching trains or on-track equipment

when stopped in accordance with subsection (1)(a) of this section:

(I) Stop before proceeding across the railroad grade crossing at the point nearest the

crossing where the driver has reasonable view of approaching trains or on-track equipment;

and

(II) Not proceed until the railroad grade can be crossed safely.

(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a

railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any

pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade

crossing while such gate or barrier is closed or is being opened or closed.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

707. Certain vehicles must stop at railroad grade crossings.

(1)(a) Except as otherwise provided in this section, the driver of a school bus, as defined in

subsection (5)(b) of this section, carrying any schoolchild, the driver of a vehicle carrying

hazardous materials that is required to be placarded in accordance with rules issued under section

42-20-108, or the driver of a commercial vehicle, as defined in section 42-4-235, that is

transporting passengers, before crossing at grade any tracks of a railroad

108

(I) shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest

rail of the railroad;

(II) While stopped, shall listen and look in both directions along the track for any

approaching train or on-track equipment or for signals indicating the approach of a train or

on-track equipment; and

(III) Shall not proceed until the driver can do so safely.

(b) After stopping as required in this section and upon proceeding when it is safe to do so, the

driver of a vehicle described in subsection (1)(a) of this section:

(I) shall cross only if there is no necessity for changing gears while traversing the crossing;

and

(II) Shall not manually shift gears while crossing the tracks.

(2) This section shall not apply at street railway grade crossings within a business district.

(3) When stopping as required at such railroad crossing, the driver shall keep as far to the right of

the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for

four or more lanes of traffic.

(4) Subsection (1) of this section does not apply at:

(a) (Deleted by amendment, L. 2006, p. 42, §1, effective July 1, 2006.)

(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;

flagperson;

(d) A railroad crossing where state or local road authorities within their respective

jurisdictions have determined that trains or on-track equipment are not operating during

certain periods or seasons of the year and have erected an official sign carrying the legend

“exempt”, which sign constitutes legally sufficient notice that the crossing is exempt from the

stopping requirement in this section.

(5) For the purposes of this section:

(a) The definition of hazardous materials shall be the definition contained in the rules adopted

by the chief of the Colorado state patrol pursuant to section 42-20-108.

(b) “School bus” means only those school buses that are required to bear on the front and rear

of such school bus the words “SCHOOL BUS” and display visual signal lights pursuant to section

1903(2)(a).

(6) Any person who violates any provision of this section commits a class A traffic infraction.

109

708. Moving heavy equipment at railroad grade crossing.

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or

any equipment or structure having a normal operating speed of ten or less miles per hour or a

vertical body or load clearance of less than nine inches above the level surface of a roadway upon

or across any tracks at a railroad grade crossing without first complying with this section.

(2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a

reasonable time be given to such railroad to provide proper protection at such crossing.

(3) Before making a crossing described in subsection (1) of this section, the person operating or

moving the vehicle or equipment:

(a) Shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet

from the nearest rail of the railroad;

(b) While stopped, shall listen and look in both directions along the track for any approaching

train, for on-track equipment or for signals indicating the approach of a train or on-track

equipment; and

(4) Before making a crossing described in subsection (1) of this section, the person moving or

operating the vehicle or equipment shall ensure that no warning is being given, whether by

automatic signal or crossing gates or a flagperson or otherwise of the immediate approach of a

railroad train or on-track equipment.

(5) Subsection (3) of this section does not apply at any railroad crossing where state or local road

authorities within their respective jurisdictions have determined that trains or on-track equipment

are not operating during certain periods or seasons of the year and have erected an official sign

carrying the legend “exempt”, which sign constitutes legally sufficient notice that the crossing is

exempt from the stopping requirement in this section.

(6) Any person who violates any provision of this section commits a class B traffic infraction.

709. Stop when traffic obstructed.

A driver shall not enter an intersection or a marked crosswalk or drive onto any railroad grade

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or

railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the

passage of other vehicles, pedestrians, railroad trains, or railroad on-track equipment,

notwithstanding the indication of a traffic control signal to proceed. Any person who violates any

provision of this section commits a class A traffic infraction.

710. Emerging from or entering alley, driveway, or building.

(1) The driver of a vehicle emerging from an alley, driveway, building, parking lot, or other place,

immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such

alleyway, driveway, or entranceway, shall yield the right-of-way to any pedestrian upon or about

110

to enter such sidewalk or sidewalk area extending across such alleyway, driveway, or

entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply

with the provisions of section 704.

(2) The driver of a vehicle entering an alley, driveway, or entranceway shall yield the right-of-way

to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such

alleyway, driveway, or entranceway.

(3) No person shall drive any vehicle other than a bicycle, electrical assisted bicycle, or any other

human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly

authorized temporary driveway.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

711. Driving on mountain highways.

(1) The driver of a motor vehicle traveling through defiles or canyons or on mountain highways

shall hold such motor vehicle under control and as near to the right-hand edge of the highway as

reasonably possible and, except when driving entirely to the right of the center of the roadway,

shall give audible warning with the horn of such motor vehicle upon approaching any curve where

the view is obstructed within a distance of two hundred feet along the highway.

(2) On narrow mountain highways with turnouts having a grade of six percent or more, ascending

vehicles shall have the right-of-way over descending vehicles, except where it is more practicable

for the ascending vehicle to return to a turnout.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

712. Driving in highway work area.

(1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian

engaged in work upon a highway within any highway construction or maintenance work area

indicated by official traffic control devices.

(2) The driver of a vehicle shall yield the right-of-way to any authorized service vehicle engaged in

work upon a highway whenever such vehicle displays flashing lights meeting the requirements of

section 214.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

713. Yielding right-of-way to transit buses – definitions – penalty.

(1) As used in this section, unless the context otherwise requires:

(a) “Public mass transit operator” has the same meaning as in section 43-1-102(5).

(b) “Transit bus” means a bus operated by a public mass transit operator.

(2) Drivers of vehicles in the same lane of traffic and behind a transit bus shall yield the right-of-

way to the bus if:

111

(a) The driver of the transit bus, after stopping to allow passengers to board or exit, is

signaling an intention to enter a traffic lane; and

(b) A yield sign as described in subsection (3) of this section is displayed and illuminated on

the back of the transit bus.

(3) The yield sign referred to in paragraph (b) of subsection (2) of this section shall:

(a) Warn a driver of a vehicle behind the transit bus that the driver is required to yield when

the bus is entering a traffic lane; and

(b) Be illuminated when the driver of the transit bus is attempting to enter a traffic lane.

(4) This section does not require a public mass transit operator to install yield signs as described in

subsection (3) of this section on transit buses operated by the public mass transit operator.

(5) This section does not relieve a driver of a transit bus from the duty to drive with due regard for

the safety of all persons using the roadway.

714. Bicyclist or other authorized user in bicycle lane.

(1) The driver of a vehicle shall yield the right-of-way to a bicyclist or other authorized user of a

bicycle lane in a bicycle lane.

(2)(a) Except as provided in subsection (2)(b) of this section, any person who violates subsection

(1) of this section commits a class A traffic infraction.

(b)(I) If a person violates subsection (1) of this section and the person's actions are the

proximate cause of a crash, the person commits careless driving and shall be punished as

described in section 42-4-1402(2)(a).

(II) If a person violates subsection (1) of this section and the person's actions are the

proximate cause of bodily injury to another person, the person commits careless driving and

shall be punished as described in section 42-4-1402(2)(b).

715. Yielding right-of-way in roundabouts – definitions.

(1) As used in this section:

(a) “Large Vehicle” means a truck, bus, emergency vehicle, or recreational vehicle that

generally has a total length of more than thirty-five feet or a total width of more than ten

feet.

(b) “Roundabout” means a circular intersection or junction in which road traffic flows almost

continuously in one direction around a central island.

(2)(a) When entering, exiting, or driving in the circulatory lanes in a roundabout, a person driving

a vehicle shall:

112

(I) yield the right-of-way to the driver of a large vehicle that is entering, exiting, or driving

in the circulatory lanes in a roundabout at the same time or so closely as to present an

immediate hazard; and

(II) slow down or yield to the other vehicle as required by subsection (2)(a)(I) of this

section.

(b) This subsection (2) does not require a person who is entering, exiting, or driving in the

circulatory lanes in a roundabout to yield the right-of-way to the driver of a large vehicle that

is approaching, but has not yet entered, the roundabout.

exiting, or driving in the circulatory lanes in a roundabout to yield the right-of-way to a large

vehicle that is driving behind the person’s vehicle and allow the large vehicle to pass the

person’s vehicle.

(3) If two vehicles that are large vehicles enter, exit, or drive in the circulatory lanes in a

roundabout at the same time or so closely as to present an immediate hazard, the driver on the

right shall yield the right-of-way to the driver on the left and shall slow down or yield to the driver

on the left.

(4) A person who violates this section commits a class A traffic infraction.

113

Part 8

Pedestrians

801. Pedestrian obedience to traffic control devices and traffic regulations.

(1) A pedestrian shall obey the instructions of any official traffic control device specifically

applicable to the pedestrian, unless otherwise directed by a police officer.

(2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections

604 and 802(5).

(3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the

restrictions stated in this Code.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

802. Pedestrians’ right-of-way in crosswalks.

(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall

yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing

the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which

the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of

the roadway as to be in danger.

(2) Subsection (1) of this section shall not apply under the conditions stated in section 803.

(3) A pedestrian shall not suddenly leave a curb or other place of safety and ride a bicycle,

electrical assisted bicycle, or electric scooter, or walk, or run into the path of a moving vehicle

that is so close as to constitute an immediate hazard.

(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an

intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle

approaching from the rear shall not overtake and pass such stopped vehicle.

(5) Whenever special pedestrian-control signals exhibiting “Walk” or “Don’t Walk” word or symbol

indications are in place, as declared in the traffic control manual adopted by the department of

transportation, such signals shall indicate and require as follows:

(a) “Walk” (steady): While the “Walk” indication is steadily illuminated, pedestrians facing

such signal may proceed across the roadway in the direction of the signal indication and shall

be given the right-of-way by the drivers of all vehicles.

(b) “Don’t Walk” (steady): While the “Don’t Walk” indication is steadily illuminated, no

pedestrian shall enter the roadway in the direction of the signal indication.

shall start to cross the roadway in the direction of such signal indication, but any pedestrian

who has partly completed crossing during the “Walk” indication shall proceed to a sidewalk or

to a safety island, and all drivers of vehicles shall yield to any such pedestrian.

114

(d) Whenever a signal system provides for the stopping of all vehicular traffic and the

exclusive movement of pedestrians and “Walk” and “Don’t Walk” signal indications control

such pedestrian movement, pedestrians may cross in any direction between corners of the

intersection offering the shortest route within the boundaries of the intersection while the

“Walk” indication is exhibited, if signals and other official devices direct pedestrian

movement in such manner consistent with section 803(4).

(6) Any person who violates any provision of this section commits a class A traffic infraction.

803. Crossing at other than crosswalks.

(1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or

within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon

the roadway.

(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian

crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(3) Between adjacent intersections at which traffic control signals are in operation, pedestrians

shall not cross at any place except in a marked crosswalk.

(4) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic

control devices; and, when authorized to cross diagonally, pedestrians shall cross only in

accordance with the official traffic control devices pertaining to such crossing movements.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

804. Pedestrian to use right half of crosswalk. (Repealed)

805. Pedestrians walking or traveling in a wheelchair on highways.

(1) Pedestrians walking or traveling in a wheelchair along and upon highways where sidewalks are

not provided shall walk or travel only on a road shoulder as far as practicable from the edge of the

roadway. Where neither a sidewalk nor road shoulder is available, any pedestrian walking or

traveling in a wheelchair along and upon a highway shall walk as near as practicable to an outside

edge of the roadway and, in the case of a two-way roadway, shall walk or travel only on the left

side of the roadway facing traffic that may approach from the opposite direction; except that any

person lawfully soliciting a ride may stand on either side of such two-way roadway where there is

a view of traffic approaching from both directions.

(2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any

private vehicle. For the purposes of this subsection (2), “roadway” means that portion of the road

normally used by moving motor vehicle traffic.

(3) It is unlawful for any person who is under the influence of alcohol or of any controlled

substance, as defined in section 12-22-303(7), or of any stupefying drug to walk or be upon that

portion of any highway normally used by moving motor vehicle traffic.

(4) This section applying to pedestrians shall also be applicable to riders of animals.

115

(5) This local government may, by ordinance, regulate the use by pedestrians of streets and

highways under its jurisdiction to the extent authorized under subsection (6) of this section and

sections 110 and 111, but no ordinance regulating such use of streets and highways in a manner

differing from this section shall be effective until official signs or devices giving notice thereof

have been placed as required by section 111(2).

(6) No person shall solicit a ride on any highway included in the interstate system, as defined in

section 43-2-101(2), except at an entrance to or exit from such highway or at places specifically

designated by the department of transportation; or, in an emergency affecting a vehicle or its

operation, a driver or passenger of a disabled vehicle may solicit a ride on any highway.

(7) Pedestrians shall only be picked up where there is adequate road space for vehicles to pull off

and not endanger and impede the flow of traffic.

(8) Upon the immediate approach of an authorized emergency vehicle making use of audible or

visual signals meeting the requirements of section 213 or of a police vehicle properly and lawfully

making use of an audible signal only, every pedestrian shall yield the right-of-way to the

authorized emergency vehicle and shall leave the roadway and remain off the same until the

authorized emergency vehicle has passed, except when otherwise directed by a police officer.

This subsection (8) shall not relieve the driver of an authorized emergency vehicle from the duty

to use due care as provided in sections 108(4) and 807.

(9) Any person who violates any provision of this section commits a class B traffic infraction.

806. Driving through safety zone prohibited.

No vehicle at any time shall be driven through or within a safety zone. Any person who violates

any provision of this section commits a class A traffic infraction.

807. Drivers to exercise due care.

Notwithstanding any of the provisions of this Code, every driver of a vehicle shall exercise due

care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding

the horn when necessary and shall exercise proper precaution upon observing any child or any

obviously confused or incapacitated person upon a roadway. Any person who violates any provision

of this section commits a class A traffic infraction.

808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons

with disabilities.

(1) Any pedestrian other than a person in a wheelchair, or any driver of a vehicle who approaches

an individual who has an obviously apparent disability shall immediately come to a full stop and

take such precautions before proceeding as are necessary to avoid an accident or injury to said

individual. A disability shall be deemed to be obviously apparent if, by way of example and

without limitation, the individual is using a mobility device, is assisted by a service animal as

defined in section 24-34-301, is being assisted by another person, or is walking with an obvious

physical impairment. Any person who violates any provision of this section commits a class A

traffic offense.

116

Part 9

Turning – Stopping

901. Required position and method of turning.

(1) The driver of a motor vehicle intending to turn shall do so as follows:

(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as

practicable to the right-hand curb or edge of the roadway.

Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme

left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle.

Whenever practicable, the left turn shall be made to the left of the center of the intersection

so as to leave the intersection or other location in the extreme left-hand lane lawfully

available to traffic moving in the same direction as such vehicle on the roadway being

entered.

in opposite directions has been indicated by official traffic control devices in the manner

prescribed in the state traffic control manual, a left turn shall not be made from any other

lane, and a vehicle shall not be driven in said special lane except when preparing for or

making a left turn from or into the roadway or when preparing for or making a U-turn when

otherwise permitted by law.

(2) Local authorities in their respective jurisdictions may cause official traffic control devices to

be placed and thereby require and direct that a different course from that specified in this section

be traveled by turning vehicles, and, when such devices are so placed, no driver shall turn a

vehicle other than as directed and required by such devices. In the case of streets which are a

part of the state highway system, the local regulation shall be subject to the approval of the

department of transportation as provided in section 43-2-135(1)(g).

(3) Any person who violates any provision of this section commits a class A traffic infraction.

902. Limitations on turning around.

(1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon

the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of

any other vehicle approaching from either direction within such distance as is necessary to avoid

interfering with or endangering approaching traffic.

(2) The driver of any vehicle shall not turn such vehicle at an intersection or any other location so

as to proceed in the opposite direction unless such movement can be made in safety and without

interfering with or endangering other traffic.

(3) Local authorities, within their respective jurisdictions, subject to the provisions of section 43-

2-135(1)(g), in the case of streets which are state highways, may erect “U-turn” prohibition or

restriction signs at intersections or other locations where such movements are deemed to be

hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the

instructions thereof.

117

(4) Any person who violates any provision of this section commits a class A traffic infraction.

903. Turning movements and required signals.

(1) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon

the roadway as required in section 901, or turn a vehicle to enter a private road or driveway, or

otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until

such movement can be made with reasonable safety and then only after giving an appropriate

signal in the manner provided in sections 608 and 609.

(2) A signal of intention to turn right or left shall be given continuously during not less than the

last one hundred feet traveled by the vehicle before turning in urban or metropolitan areas and

shall be given continuously for at least two hundred feet on all four-lane highways and other

highways where the prima facie or posted speed limit is more than forty miles per hour. Such

signals shall be given regardless of existing weather conditions.

(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an

appropriate signal in the manner provided in sections 608 and 609 to the driver of any vehicle

immediately to the rear when there is opportunity to give such signal.

(4) The signals provided for in section 608(2) shall be used to indicate an intention to turn, change

lanes, or start from a parked position and shall not be flashed on one side only on a parked or

disabled vehicle or flashed as a courtesy or “do pass” signal to operators of other vehicles

approaching from the rear.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

118

Part 10

Driving - Overtaking – Passing

1001. Drive on right side - exceptions.

(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the

roadway, except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction under the

rules governing such movement;

(b) When an obstruction exists making it necessary to drive to the left of the center of the

highway; but any person so doing shall yield the right-of-way to all vehicles traveling in the

proper direction upon the unobstructed portion of the highway within such distance as to

constitute an immediate hazard;

(d) Upon a roadway restricted to one-way traffic as indicated by official traffic control

devices.

(1) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time

and place and under the conditions then existing shall be driven in the right-hand lane then

available for traffic or as close as practicable to the right-hand curb or edge of the roadway,

except when overtaking and passing another vehicle proceeding in the same direction or when

preparing for a left turn at an intersection or into a private road or driveway.

(2) Upon any roadway having four or more lanes for moving traffic and providing for two-way

movement of traffic, no vehicle shall be driven to the left of the center line of the roadway,

except when authorized by official traffic control devices designating certain lanes to the left side

of the center of the roadway for use by traffic not otherwise permitted to use such lanes or

except as permitted under subsection (1)(b) of this section. However, this subsection (3) does not

prohibit the crossing of the center line in making a left turn into or from an alley, private road, or

driveway when such movement can be made in safety and without interfering with, impeding, or

endangering other traffic lawfully using the highway.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1002. Passing oncoming vehicles.

(1) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and,

upon roadways having width for not more than one lane of traffic in each direction, each driver

shall give to the other at least one-half of the main traveled portion of the roadway as nearly as

possible.

(2) A driver shall not pass a bicyclist moving in the same direction and in the same lane when

there is oncoming traffic unless the driver can simultaneously:

119

(a) Allow oncoming vehicles at least one-half of the main-traveled portion of the roadway in

accordance with subsection (1) of this section; and

(b) Allow the bicyclist at least a three-foot separation between the right side of the driver’s

vehicle, including all mirrors or other projections, and the left side of the bicyclist at all

times.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1003. Overtaking a vehicle on the left.

(1) The following rules shall govern the overtaking and passing of vehicles proceeding in the same

direction, subject to the limitations, exceptions, and special rules stated in this section and

sections 1004 to 1008:

(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall

pass to the left of the vehicle at a safe distance and shall not again drive to the right side of

the roadway until safely clear of the overtaken vehicle.

(b) The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall

allow the bicyclist at least a three-foot separation between the right side of the driver’s

vehicle, including all mirrors or other projections, and the left side of the bicyclist at all

times.

vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall

not increase the speed of the driver’s vehicle until completely passed by the overtaking

vehicle.

(2) Any person who violates any provision of this section commits a class A traffic infraction.

1004. When overtaking on the right is permitted.

(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the

following conditions:

(a) When the vehicle overtaken is making or giving indication of making a left turn;

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and

marked for two or more lanes of moving vehicles in each direction; or

of movement where the roadway is free from obstructions and marked for two or more lanes

of moving vehicles.

(1.5) The driver of a motor vehicle upon a one-way roadway with two or more marked traffic

lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left-hand

side of the road, shall allow the bicyclist at least a three-foot separation between the left side of

the driver’s vehicle, including all mirrors or other projections, and the right side of the bicyclist at

all times.

120

(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under

conditions permitting such movement in safety. In no event shall such movement be made by

driving off the pavement or main-traveled portion of the roadway.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1005. Limitations on overtaking on the left.

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and

passing another vehicle proceeding in the same direction unless authorized by the provisions of

this Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient

distance ahead to permit such overtaking and passing to be completed without interfering with

the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In

every event the overtaking vehicle must return to an authorized lane of travel as soon as

practicable and, in the event the passing movement involves the use of a lane authorized for

vehicles approaching from the opposite direction, before coming within two hundred feet of any

approaching vehicle.

(2) No vehicle shall be driven on the left side of the roadway under the following conditions:

(a) When approaching or upon the crest of a grade or a curve in the highway where the

driver’s view is obstructed within such distance as to create a hazard in the event another

vehicle might approach from the opposite direction;

(b) When approaching within one hundred feet of or traversing any intersection or railroad

grade crossing; or

viaduct, or tunnel.

(3) Local authorities are authorized to determine those portions of any highway under their

respective jurisdictions where overtaking and passing or driving on the left side of the roadway

would be especially hazardous and may by appropriate signs or markings on the roadway indicate

the beginning and end of such zones. Where such signs or markings are in place to define a no-

passing zone and such signs or markings are clearly visible to an ordinarily observant person, no

driver shall drive on the left side of the roadway within such no-passing zone or on the left side of

any pavement striping designed to mark such no-passing zone throughout its length.

(4) The provisions of this section shall not apply:

(a) Upon a one-way roadway;

(b) Under the conditions described in section 1001(1)(b);

such movement can be made in safety and without interfering with, impeding, or endangering

other traffic lawfully using the highway; or

121

(d) To the driver of a vehicle passing a bicyclist moving the same direction and in the same

lane when such movement can be made in safety and without interfering with, impeding, or

endangering other traffic lawfully using the highway.

(1) Any person who violates any provision of this section commits a class A traffic infraction.

1006. One-way roadways and rotary traffic islands.

(1) Upon a roadway restricted to one-way traffic, a vehicle shall be driven only in the direction

designated at all or such times as shall be indicated by official traffic control devices.

(2) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

(3) Local authorities with respect to highways under their respective jurisdictions may designate

any roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one

direction at all or such times as shall be indicated by official traffic control devices. In the case of

streets which are a part of the state highway system, the regulation shall be subject to the

approval of the department of transportation pursuant to section 43-2-135(1)(g).

(4) Any person who violates any provision of this section commits a class A traffic infraction.

1007. Driving on roadways laned for traffic.

(1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the

following rules in addition to all others consistent with this section shall apply:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not

be moved from such lane until the driver has first ascertained that such movement can be

made with safety.

(b) Upon a roadway which is divided into three lanes and provides for two-way movement of

traffic, a vehicle shall not be driven in the center lane except when overtaking and passing

another vehicle traveling in the same direction where the roadway is clearly visible and such

center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where

such center lane is at the time allocated exclusively to the traffic moving in the direction the

vehicle is proceeding and is designated by official traffic control devices to give notice of such

allocation. Under no condition shall an attempt be made to pass upon the shoulder or any

portion of the roadway remaining to the right of the indicated right-hand traffic lane.

designated lane or designating those lanes to be used by traffic moving in a particular

direction regardless of the center of the roadway, and drivers of vehicles shall obey the

directions of every such device.

(d) Official traffic control devices may be installed prohibiting the changing of lanes on

sections of roadway, and drivers of vehicles shall obey the directions of every such device.

(2)(a) The department of transportation may designate with signage an area on a roadway not

otherwise laned for traffic for use by commercial vehicles, as defined in section 235(1)(a), that

are designed to transport sixteen or more passengers, including the driver, and that are operated

122

by a governmental entity or government-owned business that transports the general public or by a

contractor on behalf of such an entity or government-owned business. Use of such an area is

limited to vehicles authorized by the department operating under conditions of use established by

the department but, subject to the conditions of use, the driver of an authorized vehicle has sole

discretion to decide whether or not to drive on such an area based on the driver’s assessment of

the safety of doing so. The department shall consult with the Colorado state patrol before

granting authorization for the use of the area and establishing conditions of use. The department

shall impose and each authorized user shall acknowledge the conditions for use by written

agreement, and the department need not note the conditions of use in roadway signage. An

authorized user does not violate this section or section 1004 when operating in accordance with

the conditions of use for an area imposed by the department and acknowledged by the user in a

written agreement.

(b) The department of transportation shall work with local governmental agencies in

implementing the provisions of this subsection (2).

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1008. Following too closely.

(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable

and prudent, having due regard for the speed of such vehicles and the traffic upon and the

condition of the highway.

(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a

roadway outside of a business or residence district and which is following another motor truck or

motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so

that an overtaking vehicle may enter and occupy such space without danger; except that this shall

not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing

any like vehicle or other vehicle.

(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a

caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow

sufficient space between each such vehicle or combination of vehicles so as to enable any other

vehicle to enter and occupy such space without danger. This provision shall not apply to funeral

processions.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

1008.5. Crowding or threatening bicyclist.

(1) The driver of a motor vehicle shall not, in a careless and imprudent manner, drive the vehicle

unnecessarily close to, toward, or near a bicyclist.

(2) Any person who violates subsection (1) of this section commits careless driving as described in

section 1402.

123

1009. Coasting prohibited.

(1) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the

gears or transmission of such vehicle in neutral.

(2) The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch

disengaged.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1010. Driving on divided or controlled-access highways.

(1) Whenever any highway has been divided into separate roadways by leaving an intervening

space or by a physical barrier or clearly indicated dividing section so constructed as to impede

vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed

or permitted to use another roadway by official traffic control devices. No vehicle shall be driven

over, across, or within any such dividing space, barrier, or section, except through an opening in

such physical barrier or dividing section or space or at a crossover or intersection as established,

unless specifically prohibited by official signs and markings or by the provisions of section 42-4-

902. However, this subsection (1) does not prohibit a left turn across a median island formed by

standard pavement markings or other mountable or traversable devices as prescribed in the state

traffic control manual when such movement can be made in safety and without interfering with,

impeding, or endangering other traffic lawfully using the highway.

(2)(a) No person shall drive a vehicle onto or from any controlled-access roadway except at such

entrances and exits as are established by public authority.

(b) Wherever an acceleration lane has been provided in conjunction with a ramp entering a

controlled-access highway and the ramp intersection is not designated or signed as a stop or

yield intersection as provided in section 703(1), drivers may use the acceleration lane to

attain a safe speed for merging with through traffic when conditions permit such acceleration

with safety. Traffic so merging shall be subject to the rule governing the changing of lanes as

set forth in section 1007(1)(a).

controlled-access highway, drivers shall use such lane to slow to a safe speed for making an

exit turn after leaving the mainstream of faster-moving traffic.

(3) Local authorities may by ordinance consistent with the provisions of section 43-2-135(1)(g),

with respect to any controlled-access highway under their respective jurisdictions, prohibit

the use of any such highway by any class or kind of traffic which is found to be incompatible

with the normal and safe movement of traffic. After adopting such prohibitory regulations

shall install official traffic control devices in conformity with the standards established by

sections 601 and 602 at entrance points or along the highway on which such regulations are

applicable. When such devices are so in place, giving notice thereof, no person shall disobey

the restrictions made known by such devices.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

124

1011. Use of runaway vehicle ramps.

(1) No person shall use a runaway vehicle ramp unless such person is in an emergency situation

requiring use of the ramp to stop such person’s vehicle.

(2) No person shall stop, stand, or park a vehicle on a runaway vehicle ramp or in the pathway of

the ramp.

(3) Any person who violates any provision of this section commits a class A traffic infraction.

1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes – penalty.

(1) Local authorities, with respect to streets and highways under their respective jurisdictions,

may designate exclusive or preferential lanes for vehicles that carry a specified number of

persons. The occupancy level of vehicles and the time of day when lane usage is restricted to high

occupancy vehicles, if applicable, shall be designated by official traffic control devices.

(2) A motorcycle or autocycle may be operated upon high occupancy vehicle lanes pursuant to

section 163 of the “Highway Improvement Act of 1982”, pub.l. 97-424, as amended, or upon high

occupancy toll lanes, unless prohibited by official traffic control devices.

(2.5)(a)(I) Except as otherwise provided in paragraph (d) of this subsection (2.5), a motor vehicle

with a gross vehicle weight of twenty-six thousand pounds or less that is either an inherently low-

emission vehicle or a hybrid vehicle may be operated upon high occupancy vehicle lanes without

regard to the number of persons in the vehicle and without payment of a special toll or fee. The

exemption relating to hybrid vehicles shall apply only if such exemption does not affect the

receipt of federal funds and does not violate any federal laws or regulations.

(II) As used in this subsection (2.5), “inherently low-emission vehicle” or “ILEV” means:

(A) A light-duty vehicle or light-duty truck, regardless of whether such vehicle or truck is

part of a motor vehicle fleet, that has been certified by the federal environmental

protection agency as conforming to the ILEV guidelines, procedures, and standards as

published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042

(September 30, 1994), as amended from time to time; and

(B) A heavy-duty vehicle powered by an engine that has been certified as set forth in

sub-subparagraph (A) of this subparagraph (II).

(III) As used in this subsection (2.5), “hybrid vehicle” means a motor vehicle with a hybrid

propulsion system that uses an alternative fuel by operating on both an alternative fuel,

including electricity, and a traditional fuel.

(b) No person shall operate a vehicle upon a high occupancy vehicle lane pursuant to this

subsection (2.5) unless the vehicle:

(I) Meets all applicable federal emission standards set forth in 40 CFR sec. 88.311-93, as

amended from time to time, or, subject to subparagraph (I) of paragraph (a) of this

subsection (2.5), is a hybrid vehicle; and

125

(II) Is identified by means of a circular sticker or decal at least four inches in diameter,

made of bright orange reflective material, and affixed either to the windshield, to the front

of the side view mirror on the driver’s side, or to the front bumper of the vehicle. Said

sticker or decal shall be approved by the Colorado department of transportation.

shall provide information via official traffic control devices to indicate that ILEVs and, subject

to subparagraph (I) of paragraph (a) of this subsection (2.5), hybrid vehicles may be operated

upon high occupancy vehicle lanes pursuant to this section. Such information may, but need

not, be added to existing printed signs, but as existing printed signs related to high occupancy

vehicle lane use are replaced or new ones are erected, such information shall be added. In

addition, whenever existing electronic signs are capable of being reprogrammed to carry such

information, they shall be so reprogrammed by September 1, 2003.

(d)(I) In consultation with the regional transportation district, the department of

transportation and local authorities, with respect to streets and highways under their

respective jurisdictions, shall, in connection with their periodic level-of-service evaluation of

high occupancy vehicle lanes, perform a level-of-service evaluation of the use of high

occupancy vehicle lanes by ILEVs and hybrid vehicles. If the use of high occupancy vehicle

lanes by ILEVs or hybrid vehicles is determined to cause a significant decrease in the level of

service for other bona fide users of such lanes, then the department of transportation or a

local authority may restrict or eliminate use of such lanes by ILEVs or hybrid vehicles.

(II) If the United States secretary of transportation makes a formal determination that, by

giving effect to paragraph (a) of this subsection (2.5) on a particular highway or lane, the

state of Colorado would disqualify itself from receiving federal highway funds the state

would otherwise qualify to receive or would be required to refund federal transportation

grant funds it has already received, then said paragraph (a) shall not be effective as to such

highway or lane.

(3)(a) Any person who uses a high occupancy vehicle lane in violation of restrictions imposed by

local authorities commits a class A traffic infraction.

(b) Any person convicted of a third or subsequent offense of paragraph (a) of this subsection

(3) committed within a twelve-month period shall be subject to an increased penalty pursuant

to section 1701(4)(a)(I)(K).

1013. Passing lane - definitions - penalty.

(1) A person shall not drive a motor vehicle in the passing lane of a highway if the speed limit is

sixty-five miles per hour or more unless such person is passing other motor vehicles that are in a

non-passing lane or turning left, or unless the volume of traffic does not permit the motor vehicle

to safely merge into a non-passing lane.

(2) For the purposes of this section:

(a) “Non-passing lane” means any lane that is to the right of the passing lane if there are two

or more adjacent lanes of traffic moving in the same direction in one roadway.

126

(b) “Passing lane” means the farthest to the left lane if there are two or more adjacent lanes

of traffic moving in the same direction in one roadway; except that, if such left lane is

restricted to high occupancy vehicle use or is designed for left turns only, the passing lane

shall be the lane immediately to the right of such high occupancy lane or left-turn lane.

(3) A person who violates this section commits a class A traffic infraction.

127

Part 11

Speed Regulations

1101. Speed limits.

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent

under the conditions then existing.

(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be

lawful:

(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;

(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102(11);

(d) Forty miles per hour on open mountain highways;

(e) Forty-five miles per hour for all single rear axle vehicles in the business of transporting

trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle

is loaded as an exempted vehicle pursuant to section 507(3);

(f) Fifty-five miles per hour on other open highways which are not on the interstate system, as

defined in section 43-2-101(2), and are not surfaced, four-lane freeways or expressways;

(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate

system, as defined in section 43-2-101(2), or are freeways or expressways;

(h) Any speed not in excess of a speed limit designated by an official traffic control device.

(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful

speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians

or other traffic or by reason of weather or highway conditions.

(4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any speed in

excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence

that such speed was not reasonable or prudent under the conditions then existing. As used in this

subsection (4), “prima facie evidence” means evidence which is sufficient proof that the speed

was not reasonable or prudent under the conditions then existing, and which will remain sufficient

proof of such fact, unless contradicted and overcome by evidence bearing upon the question of

whether or not the speed was reasonable and prudent under the conditions then existing.

(5) In every charge of violating subsection (1) of this section, the complaint, summons and

complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged

to have driven and also the alleged reasonable and prudent speed applicable at the specified time

and location of the alleged violation.

128

(6) The provisions of this section shall not be construed to relieve the party alleging negligence

under this section in any civil action for damages from the burden of proving that such negligence

was the proximate cause of an accident.

(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town

may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its

jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this

section.

(8)(a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25, 1996.)

(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a

highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.

speed limit and is not subject to the provisions of subsection (4) of this section.

(d) Local authorities within their respective jurisdictions shall not authorize any speed limit

which exceeds seventy-five miles per hour on any highway.

(e) The provisions of this subsection (8) are declared to be matters of both local and statewide

concern requiring uniform compliance throughout the state.

(f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint,

summons and complaint, or penalty assessment notice shall specify the speed at which the

defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five

miles per hour.

(g) Notwithstanding any other provision of this section, no person shall drive a low-power

scooter on a roadway at a speed in excess of forty miles per hour. Local authorities shall not

authorize low-power scooters to exceed forty miles per hour on a roadway.

(9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this

section is justifiable and not unlawful when:

(a) It is necessary as an emergency measure to avoid an imminent public or private injury

which is about to occur by reason of a situation occasioned or developed through no conduct

of said driver and which is of sufficient gravity that, according to ordinary standards of

intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh

the desirability of avoiding the consequences sought to be prevented by this section; or

(b) With respect to authorized emergency vehicles, the applicable conditions for exemption,

as set forth in section 108, exist.

(10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic

offense under this section is the performance by a driver of prohibited conduct, which includes a

voluntary act or the omission to perform an act which said driver is physically capable of

performing.

(11) It shall not be a defense to prosecution for a violation of this section that:

129

(a) The defendant’s conduct was not performed intentionally, knowingly, recklessly, or with

criminal negligence; or

(b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not

limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle;

greater than the reasonable and prudent speed under the conditions then existing or at speeds

greater than the maximum lawful speed limit.

(12)(a) A violation of driving one to twenty-four miles per hour in excess of the reasonable and

prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a

class A traffic infraction.

(b) A violation of driving twenty-five or more miles per hour in excess of the reasonable and

prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is

a class 2 misdemeanor traffic offense; except that such violation within a maintenance,

repair, or construction zone, designated pursuant to section 614, is a class 1 misdemeanor

traffic offense.

1102. Altering of speed limits – department to study rural state highways and increase

speed limits – definitions – repeal.

(1)(a) Whenever local authorities determine upon the basis of a traffic investigation or survey or

upon the basis of appropriate design standards and projected traffic volumes in the case of newly

constructed highways or segments thereof that any speed specified or established as authorized

under sections 1101 to 1104 is greater or less than is reasonable or safe under the road and traffic

conditions at any intersection or other place or upon any part of a state highway under its

jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit

thereat which shall be effective when appropriate signs giving notice thereof are erected at such

intersection or other place or upon the approaches thereto; except that no speed limit in excess

of seventy-five miles per hour shall be authorized by said local authority.

(b) Repealed.

(2) Whenever county or municipal authorities within their respective jurisdictions determine upon

the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and

projected traffic volumes in the case of newly constructed highways or segments thereof, that any

speed specified or established as authorized under sections 1101 to 1104 is greater or less than is

reasonable or safe under the road and traffic conditions at any intersection or other place or upon

any part of a street or highway in its jurisdiction, said local authority shall determine and declare

a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving

notice thereof are erected at such intersection or other place or upon the approaches thereto. No

such local authority shall have the power to alter the basic rules set forth in section 1101(1) or in

any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.

130

(3) Local municipal authorities within their respective jurisdictions shall determine upon the basis

of a traffic investigation or survey the proper speed for all arterial streets and shall declare a

reasonable and safe speed limit thereon which may be greater or less than the speed specified

under section 1101(2)(b) or (2)(c). Such speed limit shall not exceed seventy-five miles per hour

and shall become effective when appropriate signs are erected giving notice thereof. For purposes

of this subsection (3), an “arterial street” means any United States or state-numbered route,

controlled-access highway, or other major radial or circumferential street or highway designated

by local authorities within their respective jurisdictions as part of a major arterial system of

streets or highways.

(4) No alteration of speed limits on state highways within cities, cities and counties, and

incorporated towns is effective until it has been approved in writing by the department of

transportation. Upon the request of any incorporated city or town, the department of

transportation shall conduct any traffic investigation or survey that is deemed to be warranted for

determination of a safe and reasonable speed limit on any street or portion thereof that is a state

highway. In conducting such a traffic investigation, the department may receive and consider

traffic and engineering data provided by the city or county engineer of any requesting local

government that will be impacted by a proposed alteration of speed limits. Any speed limit so

determined by the department becomes effective when declared by the local authority and made

known by official signs conforming to the state traffic control manual.

(5) Whenever the local authorities, within their respective jurisdictions, determine upon the basis

of a traffic investigation or survey that a reduced speed limit is warranted in a school or

construction area or other place during certain hours or periods of the day when special or

temporary hazards exist, the department or the concerned local authority may erect or display

official signs of a type prescribed in the state traffic control manual giving notice of the

appropriate speed limit for such conditions and stating the time or period the regulation is

effective. When such signs are erected or displayed, the lawful speed limit at the particular time

and place shall be that which is then indicated upon such signs; except that no such speed limit

shall be less than twenty miles per hour on a state highway or other arterial street as defined in

subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor

shall any such reduced speed limit be made applicable at times when the special conditions for

which it is imposed cease to exist. Such reduced speed limits on streets which are state highways

shall be subject to the written approval of the department of transportation before becoming

effective.

(6) In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county

commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent

with the provisions of sections 1101 to 1104, upon any way which is open to travel by motor

vehicles and which is privately maintained in mobile home parks, when appropriate signs giving

notice of such enforcement are erected at the entrances to such ways. Unless there is an

agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the

erection and maintenance of the signs.

(7) Any powers granted in this section to county or municipal authorities may be exercised by such

authorities or by any municipal officer or employee who is designated by ordinance to exercise

such powers.

131

1103. Minimum speed regulation.

(1) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or

block the normal and reasonable forward movement of traffic, except when a reduced speed is

necessary for safe operation of such vehicle or in compliance with law.

(2) Whenever the department of transportation or local authorities within their respective

jurisdictions determine, on the basis of an engineering and traffic investigation as described in the

state traffic control manual, that slow speeds on any part of a highway consistently impede the

normal and reasonable movement of traffic, said department or such local authority may

determine and declare a minimum speed limit below which no person shall drive a vehicle, except

when necessary for safe operation or in compliance with law.

(3) Notwithstanding any minimum speed that may be authorized and posted pursuant to this

section, if any person drives a motor vehicle on a highway outside an incorporated area or on any

controlled-access highway at a speed less than the normal and reasonable speed of traffic under

the conditions then and there existing and by so driving at such slower speed impedes or retards

the normal and reasonable movement of vehicular traffic following immediately behind, then such

driver shall:

(a) Where the width of the traveled way permits, drive in the right-hand lane available to

traffic or on the extreme right side of the roadway consistent with the provisions of section

1001 (2) until such impeded traffic has passed by; or

(b) Pull off the roadway at the first available place where such movement can safely and

lawfully be made until such impeded traffic has passed by.

(4) Wherever special uphill traffic lanes or roadside turnouts are provided and posted, drivers of

all vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes

or turnouts to allow other vehicles to pass or maintain normal traffic flow.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

1104. Speed limits on elevated structures.

(1) No person shall drive a vehicle over any bridge or other elevated structure constituting a part

of a highway at a speed which is greater than the maximum speed which can be maintained with

safety to such bridge or structure, when such structure is signposted as provided in this section.

(2) The department of transportation upon request from any local authority shall, or upon its own

initiative may, conduct an investigation of any bridge or other elevated structure constituting a

part of a highway, and, if it finds that such structure cannot with safety to itself withstand

vehicles traveling at the speed otherwise permissible under sections 1101 to 1104, said

department shall determine and declare the maximum speed of vehicles which such structure can

withstand and shall cause or permit suitable standard signs stating such maximum speed to be

erected and maintained before each end of such structure in conformity with the state traffic

control manual.

132

(3) Upon the trial of any person charged with a violation of this section, proof of said

determination of the maximum speed by said department and the existence of said signs shall

constitute conclusive evidence of the maximum speed which can be maintained with safety to

such bridge or structure.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

1105. Speed contests - speed exhibitions - aiding and facilitating - immobilization of

motor vehicle - definitions.

(I)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to

knowingly engage in a speed contest on a highway.

(b) For purposes of this section, “speed contest” means the operation of one or more motor

vehicles to conduct a race or a time trial, including but not limited to rapid acceleration,

exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying

for position, or performing one or more lane changes in an attempt to gain advantage over one

or more of the other race participants.

traffic offense.

(2)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to

knowingly engage in a speed exhibition on a highway.

(b) For purposes of this section, “speed exhibition” means the operation of a motor vehicle to

present a display of speed or power. “Speed exhibition” includes, but is not limited to,

squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration,

rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving

visible tire acceleration marks on the surface of the highway or ground.

traffic offense.

(3)(a) Except as otherwise provided in subsection (4) of this section, a person shall not, for the

purpose of facilitating or aiding or as an incident to any speed contest or speed exhibition upon a

highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in

placing any such barricade or obstruction, upon a highway.

(b) A person who violates any provision of this subsection (3) commits, pursuant to section

1703, the offense that the person aided in or facilitated the commission of. Nothing in this

subsection (3) shall be construed to preclude charging a person under section 1703 for

otherwise being a party to the crime of engaging in a speed contest or engaging in a speed

exhibition.

(4) The provisions of this section shall not apply to the operation of a motor vehicle in an

organized competition according to accepted rules on a designated and duly authorized race

track, race course, or drag strip.

133

(5)(a) In addition to a sentence imposed pursuant to this section or pursuant to any other provision

of law:

(I) Upon the second conviction for an offense specified in subsection (1) or (2) of this

section, or any other crime, the underlying factual basis of which has been found by the

court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of

this section, the court may, in its discretion, order the primary law enforcement agency

involved with the case to place an immobilization device on the motor vehicle or motor

vehicles so operated for a period of up to fourteen days.

(II) Upon the third or subsequent conviction for an offense specified in subsection (1) or (2)

of this section, or any other crime, the underlying factual basis of which has been found by

the court to include an act of operating a motor vehicle in violation of subsection (1) or (2)

of this section, the court may, in its discretion, order the primary law enforcement agency

involved with the case to place an immobilization device on the motor vehicle or motor

vehicles so operated for a period of up to thirty days but more than fourteen days.

(b) The period during which a motor vehicle may be fitted with an immobilization device

pursuant to paragraph (a) of this subsection (5) shall be in addition to any period during which

the motor vehicle was impounded prior to sentencing.

subsections (7) and (8) of this section.

(d) For purposes of this section, “immobilization device” means a device locked into place

over a wheel of a motor vehicle that prevents the motor vehicle from being moved.

“Immobilization device” includes but is not limited to a device commonly referred to as a

“traffic boot” or “boot”.

(6)(a) Except as otherwise provided in subsection (9) of this section, a law enforcement agency

that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of

this section shall attempt to locate the motor vehicle within its jurisdiction. The law enforcement

agency may, in its discretion, attempt to locate the motor vehicle outside of its jurisdiction.

(b) Nothing in this subsection (6) shall be construed to:

(I) Prohibit a law enforcement agency from seeking the assistance of another law

enforcement agency for the purpose of placing an immobilization device on a motor vehicle

or removing the device in accordance with this section; or

(II) Require a law enforcement agency to expend excessive time or commit excessive staff

to the task of locating a motor vehicle subject to immobilization under this section.

with this subsection (6) shall not alter the immobilization period ordered by the court under

subsection (5) of this section.

134

(d) A law enforcement agency that places an immobilization device on a motor vehicle

pursuant to this section shall affix a notice to the immobilized motor vehicle stating the

information described in subsections (7) and (8) of this section.

(e) A peace officer who locates or attempts to locate a motor vehicle, or who places or

removes, or assists with the placement or removal of, an immobilization device in accordance

with the provisions of this section shall be immune from civil liability for damages, except for

damages arising from willful and wanton conduct.

(7)(a) The owner of a motor vehicle immobilized under this section shall be assessed a fee of

thirty-five dollars for each day the motor vehicle is ordered immobilized and, except as otherwise

provided in paragraph (d) of this subsection (7), thirty-five dollars for each day up to fourteen

days after the immobilization period that the fee for the immobilization period is not paid. The

owner shall pay the fee to the law enforcement agency that places the immobilization device on

the motor vehicle.

(b) The owner, within fourteen days after the end of the immobilization period ordered by the

court, may obtain removal of the immobilization device by the law enforcement agency that

placed it by requesting the removal and paying the fee required under paragraph (a) of this

subsection (7).

immobilization device and pay the fee within fourteen days after the end of the

immobilization period ordered by the court or within the additional time granted by the court

pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the

motor vehicle being deemed an “abandoned motor vehicle”, as defined in sections 1802(1)(d)

and 2102(1)(d), and subject to the provisions of part 18 or 21 of this Code, whichever is

applicable. The law enforcement agency entitled to payment of the fee under this subsection

(7) shall be eligible to recover the fee if the abandoned motor vehicle is sold, pursuant to

section 1809(2)(b.5) or 2108(2)(a.5).

(d) Upon application of the owner of an immobilized motor vehicle, the court that ordered the

immobilization may, in its discretion, grant additional time to pay the immobilization fee

required under paragraph (a) of this subsection (7). If additional time is granted, the court

shall notify the law enforcement agency that placed the immobilization device.

(8)(a) A person may not remove an immobilization device that is placed on a motor vehicle

pursuant to this section during the immobilization period ordered by the court.

(b) No person may remove the immobilization device after the end of the immobilization

period except the law enforcement agency that placed the immobilization device and that has

been requested by the owner to remove the device and to which the owner has properly paid

the fee required by subsection (7) of this section. Nothing in this subsection (8) shall be

construed to prevent the removal of an immobilization device in order to comply with the

provisions of part 18 or 21 of this Code.

traffic offense.

135

(9)(a) A law enforcement agency that is ordered to place an immobilization device on a motor

vehicle pursuant to subsection (5) of this section shall inform the court at sentencing if it is unable

to comply with the court’s order either because the law enforcement agency is not yet equipped

with an immobilization device or because it does not have a sufficient number of immobilization

devices. The court, upon being so informed, shall, in lieu of ordering immobilization, order the

law enforcement agency to impound the motor vehicle for the same time period that the court

initially ordered the motor vehicle to be immobilized.

(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of this subsection

(9), the provisions of subsections (6) to (8) of this section shall not apply.

136

Part 12

Parking

1201. Starting parked vehicle.

No person shall start a vehicle which is stopped, standing, or parked unless and until such

movement can be made with reasonable safety. Any person who violates any provision of this

section commits a class A traffic infraction.

1202. Parking or abandonment of vehicles.

(1) No person shall stop, park, or leave standing any vehicle, either attended or unattended,

outside of a business or a residential district, upon the paved or improved and main-traveled part

of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is

disabled while on the paved or improved and main-traveled portion of a highway in such manner

and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled

vehicle in such position, subject, when applicable, to the emergency lighting requirements set

forth in section 230.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

1203. Ski areas to install signs

(1) Colorado ski areas shall install traffic control signs as provided in this section on both sides of

that segment of every highway which is within one mile of and which leads to the recognized

entrances to the ski area parking lots if it is found that:

(a) The ski area has insufficient parking capacity as evidenced by the practice of parking by

motor vehicles on such highways; and

(b) Such parking constitutes a hazard to traffic or an obstacle to snow removal or the

movement or passage of emergency equipment.

(2) The findings required by subsection (1) of this section shall be made by the department of

transportation for the state highway system, by the chairman of the board of county

commissioners for county roads, and by the chief executive officer of a municipality for a

municipal street system. Such findings shall be based upon a traffic investigation.

(3) Such signs shall conform to any and all specifications of the department of transportation

adopted pursuant to section 42-4-601. All such signs shall contain a statement that there is no

parking allowed on a highway right-of-way so as to obstruct traffic or highway maintenance and

that offending vehicles will be towed away.

1204. Stopping, standing, or parking prohibited in specified places.

(1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or

park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with

the directions of a police officer or an official traffic control device, in any of the following

places:

137

(a) On a sidewalk;

(b) Within an intersection;

(d) Between a safety zone and the adjacent curb or within thirty feet of points on the curb

immediately opposite the ends of a safety zone, unless the traffic authority indicates a

different length by signs or markings;

(e) Alongside or opposite any street excavation or obstruction when stopping, standing, or

parking would obstruct traffic;

(f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(h) On any railroad tracks;

(i) On any controlled-access highway;

(j) In the area between roadways of a divided highway, including crossovers;

(k) At any other place where official signs prohibit stopping.

(2) Except as otherwise provided in subsection (4) of this section, in addition to the restrictions

specified in subsection (1) of this section, no person shall stand or park a vehicle, except when

necessary to avoid conflict with other traffic or in compliance with the directions of a police

officer or an official traffic control device, in any of the following places:

(a) Within five feet of a public or private driveway;

(b) Within fifteen feet of a fire hydrant;

(d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign,

or traffic control signal located at the side of a roadway;

(e) Within twenty feet of the driveway entrance to any fire station or, on the side of a street

opposite the entrance to any fire station, within seventy-five feet of said entrance when

properly signposted;

(f) At any other place where official signs prohibit standing.

(3) In addition to the restrictions specified in subsections (1) and (2) of this section, no person

shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance

with the directions of a police officer or official traffic control device, in any of the following

places:

(a) Within fifty feet of the nearest rail of a railroad crossing;

138

(b) At any other place where official signs prohibit parking.

(4)(a) Subsection (1)(a) of this section does not prohibit a person from parking a bicycle, electrical

assisted bicycle, or electric scooter on a sidewalk in accordance with the provisions of section

1412(11)(a) and (11)(b).

(b) Subsection (1)(f) of this section does not prohibit persons from parking two or more

bicycles, electrical assisted bicycles, or electric scooters abreast in accordance with the

provisions of section 1412(11)(d).

assisted bicycle, or electric scooter parked on a sidewalk in accordance with section

1412(11)(a) and (11)(b).

(5) No person shall move a vehicle not lawfully under such person’s control into any such

prohibited area or away from a curb such distance as is unlawful.

(6) This local authority, with respect to highways under its jurisdiction, may place official traffic

control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles

on any highway where it is determined, upon the basis of a traffic investigation or study, that such

stopping, standing, or parking is dangerous to those using the highway or where the stopping,

standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon.

No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such

devices.

(7) Any person who violates any provision of this section commits a class B traffic infraction;

except that, if a person violates paragraph (b) of subsection (2) of this section and the violation

occurs in an unincorporated area of a county, the penalty is fifty dollars.

(8) A political subdivision shall not adopt or enforce an ordinance or regulation that prohibits the

parking of more than one motorcycle or autocycle within a space served by a single parking meter.

1205. Parking at curb or edge of roadway.

(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way

roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve

inches of the right-hand curb or as close as practicable to the right edge of the right-hand

shoulder.

(2) Except as otherwise provided by local ordinance, every vehicle stopped or parked upon a one-

way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the

direction of authorized traffic movement, with its right-hand wheels within twelve inches of the

right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its

left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left

edge of the left-hand shoulder.

(3) Local authorities may by ordinance permit angle parking on any roadway; except that angle

parking shall not be permitted on any state highway unless the department of transportation has

139

determined by resolution or order entered in its minutes that the roadway is of sufficient width to

permit angle parking without interfering with the free movement of traffic.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

1206. Unattended motor vehicle - definitions.

(1) A person driving or in charge of an unlocked motor vehicle shall not permit it to stand

unattended without first stopping the engine, locking the ignition, removing the key from the

ignition, and effectively setting the brake thereon. When the vehicle is standing upon any grade,

the person shall turn the front wheels to the curb or side of the highway in such a manner as to

prevent the vehicle from rolling onto the traveled way.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

(3) The use or operation of a remote starter system and adequate security measures is sufficient

to comply with subsection (1) of this section.

(4) As used in this section:

(a) "Adequate security measures" includes, but is not limited to:

(I) Using a vehicle that requires a key to put the vehicle into gear and move the vehicle;

(II) Keeping a keyless start fob out of proximity of the vehicle; or

(III) Employing steering wheel security devices.

(b) "Remote starter system" means a device installed in a motor vehicle that allows the engine

of the vehicle to be started by remote or radio control.

(5) Nothing in this section preempts or otherwise impairs the power of local authorities to enforce

or enact ordinances or resolutions concerning time limits on the idling of motor vehicles on or

before August 10, 2017.

1207. Opening and closing vehicle doors.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and

until it is reasonably safe to do so and can be done without interfering with the movement of

other traffic; nor shall any person leave a door open on the side of a vehicle available to moving

traffic for a period of time longer than necessary to load or unload passengers. Any person who

violates any provision of this section commits a class B traffic infraction.

1208. Reserve parking for persons with disabilities – applicability - rules.

(1) Definitions. As used in this section:

(a) “Disability” or “disabled” has the same meaning as set forth in section 42-3-204.

(b) “Holder” means a person with a disability who has lawfully obtained an identifying plate or

placard.

140

(d) “Identifying placard” has the same meaning as set forth in section 42-3-204.

(e) “Identifying plate” has the same meaning as set forth in section 42-3-204.

(f) “Professional” has the same meaning as set forth in section 42-3-204.

(f.5) “Remuneration-exempt identifying placard” has the same meaning as set forth in section

42-3-204.

(g) "Reserved parking" means a parking space reserved for a person with a disability.

(2) Use of plate or placard.

(a) A person with a disability may use reserved parking on public property or private property

if the person displays an identifying plate or placard while using reserved parking.

(b) When an identifying placard is used for reserved parking, the driver of the parked motor

vehicle shall ensure that the front of the identifying placard is legible and visible through the

windshield when viewed from outside the vehicle. The driver shall hang the placard from the

rear-view mirror unless a rear-view mirror is not available or the individual is physically unable

to hang the placard from the rear-view mirror. If the tag is not hung from the rear-view

mirror, the driver shall display it on the dashboard.

parking in Colorado if the motor vehicle displays an identifying plate or placard issued by a

state other than Colorado, and if:

(I) The identifying plate or placard is currently valid in the state of issuance and meets the

requirements of 23 CFR 1235; and

(II) The holder has not been a resident in Colorado for more than ninety days.

(d) A motor vehicle with an identifying plate or a placard may be parked in public parking

areas along public streets or in private parking lots regardless of any time limitation imposed

upon parking in the area; except that a jurisdiction may specifically limit reserved parking on

any public street to no less than four hours. To limit reserved parking, the jurisdiction must

clearly post the appropriate time limits in the area. The ability to park notwithstanding

parking limitations does not apply to areas in which:

(I) Stopping, standing, or parking of all vehicles is prohibited;

(II) Only special vehicles may be parked; or

(III) Parking is not allowed during specific periods of the day in order to accommodate heavy

traffic.

(e)(I) The owner of public or private property may request the installation of official signs or

pavement markings identifying reserved parking spaces. The request operates as a waiver of

any objection the owner may assert concerning enforcement of this section by a peace officer.

141

An officer may enforce this section on private property notwithstanding any provision of law to

the contrary.

(II)(A) The number and placement of accessible parking spaces should meet or exceed

section 1106 of chapter 11 of the 2012 (second printing) version of the international building

code, or any succeeding standard, published by the international code council.

(B) The technical standards for accessible parking spaces should meet or exceed section

502, or any successor section, of the “Accessible and Useable Buildings and Facilities”

standard, or any succeeding standard, promulgated and amended from time to time by

the international code council (commonly cited as ICC/ANSI A117.1).

blocks neither the access aisle nor accessible routes.

(D) The technical standards for post- or wall-mounted signs indicating accessible parking

spaces and van-accessible parking spaces should meet or exceed section 2B.46

concerning parking, standing, and stopping signs and section 2B.47 concerning design of

parking, standing, and stopping of the 2009 version of the manual on uniform traffic

control devices, or any succeeding standard, published by the United States federal

highway administration.

(III) The owner of real property with multiple-family dwellings affixed and with reserved

parking shall retain the reserved parking as commonly owned for the tenants, owners, or

visitors of the individual units within the dwellings. This subparagraph (III) does not prohibit

the sale of all commonly owned property so long as the reserved parking is not severed from

the other elements.

(IV) A person shall not impose restrictions on the use of disabled parking unless specifically

authorized by a statute of Colorado and a resolution of or ordinance of a political

subdivision of Colorado and notice of the restriction is prominently posted by a sign clearly

visible at the parking space.

(3) Misuse of reserved parking.

(a) A person without a disability shall not park in a parking space on public or private property

that is clearly identified by an official sign or by visible pavement markings as being reserved

parking or as being a passenger loading zone unless:

(I) The person is parking the vehicle for the direct benefit of a person with a disability to

enter or exit the vehicle while it is parked in the reserved parking space; and

(II) An identifying plate or placard obtained under or authorized by section 42-3-204, is

displayed in or on the vehicle if the license plate or placard is currently valid or has expired

less than one month before the day the person used the reserved parking.

(a.5) A person shall not, while parked in a parking space that requires remuneration, display a

remuneration-exempt identifying placard that is not issued to the person. A person who

possesses a remuneration-exempt identifying placard shall not allow another person to use the

placard to park in a parking space that requires remuneration.

142

(b)(I) A person, after using a reserved parking space that has a time limit, shall not switch

motor vehicles or move the motor vehicle to another reserved parking space within one

hundred yards of the original parking space within the same eight hours in order to exceed the

time limit.

(II)(A) Parking in a time-limited reserved parking space for more than three hours for at

least three days a week for at least two weeks creates a rebuttable presumption that the

person is violating this paragraph (b).

(B) This subparagraph (II) does not apply to privately owned parking spaces.

(I) The purpose relates to transacting business with a business the reserved parking is

intended to serve; or

(II) The owner of private property consents to allow the use.

(d)(I) An employee of an entity shall not use an identifying placard issued to the entity unless

the employee is transporting persons with disabilities.

(II) For a violation of this paragraph (d), the chief operations officer within Colorado of the

entity to whom the placard or plate was issued and the offending employee are each

subject to the penalties in section 42-4-1701(4)(a)(I)(M).

(III)(A) It is an affirmative defense to a violation of this paragraph (d) for the chief

operations officer within Colorado that the entity enforces an internal policy controlling

access to and use of identifying placards issued to the entity.

(B) If the placard used is expired by operation of section 42-3-204(6)(f), it is an

affirmative defense to a violation of this paragraph (d) that the person did not know the

placard was expired if the person who used the placard was the person to whom it was

issued.

(e)(I) A person who violates subsection (3)(a) or (3)(a.5) of this section is subject to the

penalties in section 42-4-1701(4)(a)(VIII) and (IX).

(II) A person who violates paragraphs (b) to (d) of this subsection (3) is subject to the

penalties in section 42-4-1701(4)(a)(I)(M).

(4) Blocking access.

(a) Regardless of whether a person displays an identifying plate or placard, a person shall not

park a vehicle so as to block reasonable access to curb ramps, passenger loading zones, or

accessible routes, as identified in 28 CFR part 36 appendix A, that are clearly identified unless

the person is actively loading or unloading a person with a disability.

(b) A person who violates this subsection (4) is subject to the penalties in section 42-4-

1701(4)(a)(VIII).

143

(5) Fraud and trafficking. A person is subject to the penalties in section 42-4-1701(4)(a)(X), if the

person:

(a) Knowingly and fraudulently obtains, possesses, uses, or transfers an identifying placard

issued to a person with a disability;

(b) Knowingly makes, possesses, uses, alters, or transfers what purports to be, but is not, an

identifying placard; or

placard when viewed from outside the vehicle.

(6) Enforcement of reserved parking.

(a) A peace officer or authorized and uniformed parking enforcement official may check the

identification of a person using an identifying plate or placard in order to determine whether

the use is authorized.

(b)(I) A peace officer or authorized and uniformed parking enforcement official may confiscate

an identifying placard that is being used in violation of this section.

(II) The peace officer or parking enforcement official shall send a confiscated placard to the

department unless it is being held as evidence for prosecution of a violation of this section.

If the tag is being held as evidence, the peace officer or parking enforcement official shall

notify the department of the confiscation and pending charges.

(III) The department shall hold a confiscated placard for thirty days and may dispose of the

placard after thirty days. The department shall release the placard to the person with a

disability to whom it was issued when the person signs a statement under penalty of perjury

that he or she was unaware that the violator used, or intended to use, the placard in

violation of this section.

this section.

(d) A person who observes a violation of this section may submit evidence, including a sworn

statement, concerning the violation to any law enforcement agency.

(e)(I) A peace officer may issue a penalty assessment notice for a violation of paragraph (b),

(c), or (d) of subsection (3) of this section by sending it by certified mail to the registered

owner of the motor vehicle. The peace officer shall include in the penalty assessment notice

the offense or infraction, the time and place where it occurred, and a statement that the

payment of the penalty assessment and a surcharge is due within twenty days after the

issuance of the notice. The department receives payment of the penalty assessment by the

due date if the payment is received or postmarked by the twentieth day after the vehicle

owner received the penalty assessment notice.

(II) If the penalty assessment and surcharge are not paid within twenty days after the date

the vehicle owner receives the assessment notice specified in subparagraph (I) of this

paragraph (e), the peace officer who issued the original penalty assessment notice shall file

144

a complaint with a court having jurisdiction and issue and serve upon the registered owner

of the vehicle a summons to appear in court at the time and place specified.

(f)(I) The entering court shall send certification of the entry of judgment for each violation of

paragraph (b), (c), or (d) of subsection (3) of this section to the department.

(II) Upon receipt of certification of an entry of judgment for a violation of paragraph (b),

(c), or (d) of subsection (3) of this section, the department shall not register the person's

vehicle until all fines imposed for the violations have been paid.

(III) Upon receipt of certification or independent verification of an entry of judgment, the

department shall revoke an identifying plate or placard as provided in section 42-3-

204(7)(d).

(g)(I) Notwithstanding any other provision of this section to the contrary, a holder is liable for

any penalty or fine as set forth in this section or section 42-3-204, or for any misuse of an

identifying plate or placard, including the use of such plate or placard by any person other

than a holder, unless the holder furnishes sufficient evidence that the identifying plate or

placard was, at the time of the violation, in the care, custody, or control of another person

without the holder's knowledge or consent.

(II) A holder may avoid the liability described in subparagraph (I) of this paragraph (g) if,

within a reasonable time after notification of the violation, the holder furnishes to the

prosecutorial division of the appropriate jurisdiction the name and address of the person

who had the care, custody, or control of the identifying plate or placard at the time of the

violation or the holder reports the license plate or placard lost or stolen to both the

appropriate local law enforcement agency and the department.

(h) An employer shall not forbid an employee from reporting violations of this section. A

person shall not initiate or administer any disciplinary action against an employee because the

employee notified the authorities of a possible violation of this section if the employee has a

good-faith belief that a violation has occurred.

(i) A landlord shall not retaliate against a tenant because the tenant notified the authorities of

a possible violation of this section if the tenant has a good-faith belief that a violation has

occurred.

(j) In order to stop a vehicle from blocking access or illegally using reserved parking, a peace

officer may order a vehicle that is used to violate subsection (4) of this section to be towed to

an impound lot or a vehicle storage location. The peace officer shall verify that the vehicle

has not been stolen and report the tow to the department of revenue in accordance with

section 42-4-1804.

(k) The local authority issuing a citation under this section, or under any local ordinance

defining a substantially equivalent offense, shall transfer one-half of the fine to the state

treasurer, who shall credit the fine to the disabled parking education and enforcement fund

created in section 42-1-226.

145

1209. Owner liability for parking violations.

In addition to any other liability provided for in this Code, the owner of a motor vehicle who is

engaged in the business of leasing or renting motor vehicles is liable for payment of a parking

violation fine unless the owner of the leased or rented motor vehicle can furnish sufficient

evidence that the vehicle was, at the time of the parking violation, in the care, custody, or

control of another person. To avoid liability for payment the owner of the motor vehicle is

required, within a reasonable time after notification of the parking violation, to furnish to the

prosecutorial division of the appropriate jurisdiction the name and address of the person or

company who leased, rented, or otherwise had the care, custody, or control of such vehicle. As a

condition to avoid liability for payment of a parking violation, any person or company who leases

or rents motor vehicles to another person shall attach to the leasing or rental agreement a notice

stating that, pursuant to the requirements of this section, the operator of the vehicle is liable for

payment of a parking violation fine incurred when the operator has the care, custody, or control

of the motor vehicle. The notice shall inform the operator that the operator’s name and address

shall be furnished to the prosecutorial division of the appropriate jurisdiction when a parking

violation fine is incurred by the operator.

1210. Designated areas on private property for authorized vehicles.

(1) The owner or lessee of any private property available for public use in the unincorporated

areas of a county may request in writing that specified areas on such property be designated by

the board of county commissioners for use only by authorized vehicles and that said areas, upon

acceptance in writing by the board of county commissioners, shall be clearly marked by the owner

or lessee with official traffic control devices, as defined in section 42-1-102(64). Such a request

shall be a waiver of any objection the owner or lessee may assert concerning enforcement of this

section by peace officers of this state, and such officers are hereby authorized and empowered to

so enforce this section, provisions of law to the contrary notwithstanding. When the owner or

lessee gives written notice to the board of county commissioners that said request is withdrawn,

and the owner or lessee removes all traffic control devices, the provisions of this section shall no

longer be applicable.

(2) It is unlawful for any person to park any vehicle other than an authorized vehicle in any area

designated and marked for such use as provided in this section.

(3) Any person who violates the provisions of subsection (2) of this section commits a class A

traffic infraction. The disposition of fines and forfeitures shall be paid into the treasury of the

county at such times and in such manner as may be prescribed by the board of county

commissioners.

1211. Limitations on backing.

(1)(a) The driver of a vehicle, whether on public property or private property which is used by the

general public for parking purposes, shall not back the same unless such movement can be made

with safety and without interfering with other traffic.

(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any

controlled-access highway.

146

(2) Any person who violates any provision of this section commits a class A traffic infraction.

1212. Pay parking access for disabled.

(1) A person who owns, operates, or manages a parking space that requires remuneration shall not

tow, boot, or otherwise take adverse action against an individual or motor vehicle parking in the

space for failure to pay the remuneration if the motor vehicle bears a remuneration-exempt

identifying placard issued pursuant to section 42-3-204.

(2) Notwithstanding any statute, resolution, or ordinance of the state of Colorado, a political

subdivision of Colorado, or a governing board of a state institution of higher education, parking in

a space without paying the required remuneration is not a violation of the statute, resolution, or

ordinance if the conditions specified in subsection (1) of this section are met.

(3) A law or parking enforcement agency shall withdraw any penalty assessment notice or

summons and complaint that is deemed not to be a violation under subsection (2) of this section

within five business days after being shown proof that the individual cited has a valid

remuneration-exempt identifying placard.

1213. Parking in electric motor vehicle charging stations.

(1)(a) For the purposes of this section, “official sign” means a sign identifying a parking space for

electric motor vehicle charging that cites this section or the equivalent local ordinance and that

clearly displays the penalties for violating this section or the equivalent local ordinance.

(b) The owner of public or private property may install official signs that identify a parking

space as a dedicated charging station. The installation operates as a waiver of any objection

the owner may assert concerning enforcement of this section by a peace officer. A peace

officer may enforce this section on private property.

(2)(a) A person shall not park a motor vehicle within a parking space designated for charging a

plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor vehicle.

(b) Except as provided in subsection (3) of this section, a person shall not park a plug-in

electric motor vehicle in a parking space with a dedicated charging connector for the parking

space unless the person is parked in the charging station for the purpose of charging the plug-

in electric motor vehicle.

vehicle is:

(I) Parked in a charging station parking space with a dedicated charging connector for the

space; and

(II) Not continuously and electrically connected to the charger for longer than thirty

minutes.

(3)(a) A person may park a plug-in electric motor vehicle at a charging after the motor vehicle is

fully charged in a parking lot:

147

(I) That serves a lodging business if the person is a client of the lodging business and has

parked the plug-in electric motor vehicle in the lot to charge overnight;

(II) That serves an airport if the person is a client of the airport and has parked the plug-in

electric motor vehicle in the lot to charge when traveling; or

(III) Between the hours of 11 p.m. and 5 a.m.

(b) The exception in subsection (3)(a) of this section is an affirmative defense to a violation of

subsection (2) of this section.

(4) A person who violates this section commits a class B traffic infraction.

148

Part 13

Alcohol And Drug Offenses

(Omitted)

149

Part 14

Other Offenses

1401. Reckless driving – penalty.

(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or

low-power scooter in such a matter as to indicate either a wanton or a willful disregard for the

safety of the persons or property is guilty of reckless driving. A person convicted of reckless

driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-4-

127.

1402. Careless driving – penalty.

(1) A person who drives a motor vehicle, bicycle, electr0069cal assisted bicycle, electric scooter,

or low-power scooter in a careless and imprudent matter, without due regard for the width,

grade, curves, corners, traffic, and use of the streets and highways and all other attendant

circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle,

electrical assisted bicycle, or electric scooter is not subject to section 42-2-127.

1402.5 Vulnerable road user – prohibition – violations and penalties – definition.

1) Definition. As used in this section, unless the context otherwise requires, “vulnerable road

user” means:

(a) A pedestrian;

(b) A person engaged in work upon a roadway or upon utility facilities along a roadway;

(d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in

a right-of-way;

(e) A person riding or leading an animal; or

(f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder

of the roadway:

(I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;

(II) A farm tractor or similar vehicle designed primarily for farm use;

(III) A skateboard;

(IV) Roller skates;

(V) In-line skates;

(VI) A scooter;

(VII) A moped;

150

(VIII) A motorcycle;

(IX) An off-highway vehicle;

(X) An animal-drawn, wheeled vehicle;

(XI) Farm equipment;

(XII) A sled;

(XIII) An electric personal assistive mobility device;

(XIV) A wheelchair;

(XV) A baby stroller;

(XVI) A nonmotorized pull wagon; or

(XVII) An autocycle.

(2) Prohibition. A person who drives a motor vehicle in violation of section 1402 and whose actions

are the proximate cause of serious bodily injury, as defined in section 1601(4)(b), to a vulnerable

road user commits infliction of serious bodily injury to a vulnerable road user.

(3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a

class 1 traffic misdemeanor.

(b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the

court may order the violator to: (I) Attend a driver improvement course in accordance with

section 1717; and (II) Perform useful public service for a number of hours, which must not

exceed three hundred twenty hours, to be determined by the court in accordance with section

18-1.3-507.

person who is convicted of violating this section is subject to:

(I) License suspension in accordance with section 42-2-127; and

(II) An order of restitution under part 6 of article 1.3 of title 18.

1403. Following fire apparatus prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus

traveling in response to a fire alarm closer than five hundred feet or drive into or park such

vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Any person

who violates any provision of this section commits a class A traffic infraction.

1404. Crossing fire hose.

No vehicle shall be driven over any unprotected hose of a fire department used at any fire, alarm

of fire, or practice runs or laid down on any street, private driveway, or highway without the

151

consent of the fire department official in command. Any person who violates any provision of this

section commits a class B traffic infraction.

1405. Riding in trailers.

No person shall occupy a trailer while it is being moved upon a public highway. Any person who

violates any provision of this section commits a class B traffic infraction.

1406. Foreign matter on highway prohibited.

(1)(a) No person shall throw or deposit upon or along any highway any glass bottle, glass, stones,

nails, tacks, wire, cans, container of human waste, or other substance likely to injure any person,

animal, or vehicle upon or along such highway.

(b) No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or other

burning material from a motor vehicle upon any highway.

(2) Any person who drops, or permits to be dropped or thrown, upon any highway or structure any

destructive or injurious material or lighted or burning substance shall immediately remove the

same or cause it to be removed.

(3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or

other injurious substance dropped upon the highway from such vehicle.

(4) No person shall excavate a ditch or other aqueduct, or construct any flume or pipeline or any

steam, electric, or other railway, or construct any approach to a public highway without written

consent of the authority responsible for the maintenance of that highway.

(5)(a) Except as provided in paragraph (b) of this subsection (5), any person who violates any

provision of this section commits a class B traffic infraction.

(b)(I) Any person who violates subsection (1)(b) of this section commits a petty offense and

shall be punished as provided in section 18-1.3-501.

(II) Any person who violates paragraph (a) of subsection (1) of this section by throwing or

depositing a container of human waste upon or along any highway shall be punished by a

fine of five hundred dollars in lieu of the penalty and surcharge prescribed in section

1701(4)(a)(I)(N).

(6) As used in this section:

(a) “Container” includes, but is not limited to, a bottle, a can, a box, or a diaper.

(b) “Human waste” means urine or feces produced by a human.

1407. Spilling loads on highways prohibited - prevention of spilling of aggregate,

trash, or recyclables.

(1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or

loaded or the load thereof securely covered to prevent any of its load from blowing, dropping,

152

sifting, leaking, or otherwise escaping therefrom; except that material may be dropped for the

purpose of securing traction or water or other substance may be sprinkled on a roadway in

cleaning or maintaining such roadway.

(2) (Deleted by amendment, L. 99, p. 295, §1, effective July 1, 1999.)

(2.4)(a) A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or

recyclables unless at least one of the following conditions is met:

(I) The load is covered by a tarp or other cover in a manner that prevents the load from

blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;

(II) The vehicle utilizes other technology that prevents the load from blowing, dropping,

shifting, leaking, or otherwise escaping from the vehicle;

(III) The load is required to be secured under and complies with 49 CFR parts 392 and 393;

(IV) The vehicle is loaded in such a manner or the load itself has physical characteristics

such that the contents will not escape from the vehicle. Such a load may include, but is not

limited to, heavy scrap metal or hydraulically compressed scrap recyclables.

(b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in the process of

collecting trash or recyclables within a one mile radius of the motor vehicle’s last collection

point.

(2.5)(a) No vehicle shall be driven or moved on any highway for a distance of more than two miles

if the vehicle is transporting aggregate material with a diameter of one inch or less unless:

(I) The load is covered by a tarp or other cover in a manner that prevents the aggregate

material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle; or

(II) The vehicle utilizes other technology that prevents the aggregate material from blowing,

dropping, sifting, leaking, or otherwise escaping from the vehicle.

(b) Nothing in this subsection (2.5) shall apply to a vehicle:

(I) Operating entirely within a marked construction zone;

(II) Involved in maintenance of public roads during snow or ice removal operations; or

(III) Involved in emergency operations when requested by a law enforcement agency or an

emergency response authority designated in or pursuant to section 29-22-102.

(2.7) For the purposes of this section:

(a) “Aggregate material” means any rock, clay, silts, gravel, limestone, dimension stone,

marble, and shale; except that “aggregate material” does not include hot asphalt, including

asphalt patching material, wet concrete, or other materials not susceptible to blowing.

153

(b) “Recyclables” means material or objects that can be reused, reprocessed,

remanufactured, reclaimed, or recycled.

or transported.

(3)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection (3), any person who

violates any provision of this section commits a class B traffic infraction.

(b) Any person who violates any provision of this section while driving or moving a car or

pickup truck without causing bodily injury to another person commits a class A traffic

infraction.

pickup truck and thereby proximately causes bodily injury to another person commits a class 2

misdemeanor traffic offense.

1407.5. Splash guards - when required.

(1) As used in this section, unless the context otherwise requires:

(a) “Splash guards” means mud flaps, rubber, plastic or fabric aprons, or other devices

directly behind the rear-most wheels, designed to minimize the spray of water and other

substances to the rear.

(b) “Splash guards” must, at a minimum, be wide enough to cover the full tread of the tire or

tires being protected, hang perpendicular from the vehicle not more than ten inches above

the surface of the street or highway when the vehicle is empty, and generally maintain their

perpendicular relationship under normal driving conditions.

(2) Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or

moved on any street or highway unless the vehicle or motor vehicle is equipped with splash

guards. However, vehicles and motor vehicles with splash guards that violate this section shall be

allowed to remain in service for the time necessary to continue to a place where the deficient

splash guards will be replaced. Such replacement shall occur at the first reasonable opportunity.

(3) This section does not apply to:

(a) Passenger-carrying motor vehicles registered pursuant to section 42-3-306(2);

(b) Trucks and truck tractors registered pursuant to section 42-3-306(4) or (5), having an

empty weight of ten thousand pounds or less;

(d) Vehicles while involved in chip and seal or paving operations or road widening equipment;

(e) Truck tractors or converter dollies when used in combination with other vehicles;

(f) Vehicles drawn by animals; or

154

(g) Bicycles, electrical assisted bicycles, or electric scooters.

(4) Any person who violates any provision of this section commits a class B traffic infraction.

1408. Operation of motor vehicles on property under control of or owned by parks and

recreation districts.

(1) Any metropolitan recreation district, any park and recreation district organized pursuant to

Code 1 of title 32, or any recreation district organized pursuant to the provisions of part 7 of Code

20 of title 30, referred to in this section as a “district”, shall have the authority to designate areas

on property owned or controlled by the district in which the operation of motor vehicles shall be

prohibited. Areas in which it shall be prohibited to operate motor vehicles shall be clearly posted

by a district.

(2) It is unlawful for any person to operate a motor vehicle in an area owned or under the control

of a district if the district has declared the operation of motor vehicles to be prohibited in such

area, as provided in subsection (1) of this section.

(3) Any person who violates any provision of this section commits a class B traffic infraction.

1409. Compulsory insurance - penalty - legislative intent.

(1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall

operate the vehicle or permit it to be operated on the public highways of this state when the

owner has failed to have a complying policy or certificate of self-insurance in full force and effect

as required by law.

(2) No person shall operate a motor vehicle or low-power scooter on the public highways of this

state without a complying policy or certificate of self-insurance in full force and effect as required

by law.

(3)(a) When an accident occurs, or when requested to do so following any lawful traffic contact or

during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low-

power scooter shall present to the requesting officer immediate evidence of a complying policy or

certificate of self-insurance in full force and effect as required by law.

(b) As used in this section, “evidence of a complying policy or certificate of self-insurance in

full force and effect” includes the presentation of such a policy or certificate upon a cell

phone or other electronic device.

(4)(a) Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a

class 1 misdemeanor traffic offense. The minimum fine imposed by section 42-4-1701(3)(a)(II)(A),

shall be mandatory, and the defendant shall be punished by a minimum mandatory fine of not less

than five hundred dollars. The court may suspend up to one half of the fine upon a showing that

appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, has been obtained.

Nothing in this paragraph (a) shall be construed to prevent the court from imposing a fine greater

than the minimum mandatory fine.

155

(b) Upon a second or subsequent conviction under this section within a period of five years

following a prior conviction under this section, in addition to any imprisonment imposed

pursuant to section 42-4-1701(3)(a)(II)(A), the defendant shall be punished by a minimum

mandatory fine of not less than one thousand dollars, and the court shall not suspend such

minimum fine. The court or the court collections’ investigator may establish a payment

schedule for a person convicted of the provisions of subsection (1), (2), or (3) of this section,

and the provisions of section 16-11-101.6, shall apply. The court may suspend up to one half of

the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or

10-4-624, has been obtained.

person convicted pursuant to this section may, at the discretion of the court, be sentenced to

perform not less than forty hours of community service, subject to the provisions of section

18-1.3-507.

(5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to

present immediate evidence of a complying policy or certificate of self-insurance in full force and

effect as required by law, when requested to do so by a peace officer, shall constitute prima facie

evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that

such owner or operator of a motor vehicle violated subsection (1) or (2) of this section.

(6) A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted

if the person produces in court a bona fide complying policy or certificate of self-insurance that

was in full force and effect as required by law at the time of the alleged violation. The court

clerk’s office may dismiss the charge if it verifies that the person had a valid policy in effect at

the time of the alleged violation using the uninsured motorist identification database created in

section 42-7-602.

(7) Repealed.

(8) (Deleted by amendment, L. 2003, p. 2648, § 7, effective July 1, 2003.)

(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic

device to present evidence of a complying policy or certificate of self-insurance in full force and

effect, as described in paragraph (b) of subsection (3) of this section:

(a) The law enforcement officer to whom the operator presents the device shall not explore

the contents of the cell phone or other electronic device other than to examine the operator's

policy or certificate of self-insurance; and

(b) The law enforcement officer to whom the operator presents the device and any law

enforcement agency that employs the officer are immune from any civil damages resulting

from the officer dropping or otherwise unintentionally damaging the cell phone or other

electronic device.

(9) It is the intent of the general assembly that the money collected as fines imposed pursuant

subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public

highways. The general assembly determines that law enforcement agencies that patrol and

maintain the public safety on public highways are supervising the public highways. The general

156

assembly further determines that an authorized agent is supervising the public highways through

his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance

pursuant to section 42-3-105(1)(d). Therefore, of the money collected from fines pursuant to

subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law

enforcement agency that issued the ticket for a violation of this section. The remaining fifty

percent of the money collected from fines for violations subsection (4)(a) or (4)(b) of this section

shall be transmitted to the authorized agent for the county in which the violation occurred.

1410.5 Providing false evidence of proof of motor vehicle insurance – penalty.

(1) It is unlawful for any person to offer, use, or attempt to offer or use any means, manner, type

of paper, document, card, digital image, or any other proof of motor vehicle liability insurance

required by state law to a law enforcement officer, judge, magistrate, prosecutor, or employee of

a court clerk’s office with the intent to mislead that official regarding the status or any motor

vehicle liability insurance policy in the course of an official investigation, or for purposes of

dismissing any charge under section 1409 or reducing any penalty imposed under section 1409,

where such means, manner, type, or kind of proof of insurance offered or used, or that is

attempted to be offered or used, is known or should be known by the person to be false,

fraudulent, or incorrect in any material manner or way, or which is known or should be known by

the person to be altered, forged, defaced, or changed in any material respect, unless such

changes are required or authorized by law.

(2) Violation of this section is a class B traffic infraction, punishable by a fine of up to five

hundred dollars.

(3) A person who is convicted of, who admits liability for, or against whom a judgment is entered

for a violation of this section shall be deemed, but only for purposes of section 18-1-408. to have

been convicted of a criminal offense.

1411. Use of earphones while driving.

(1)(a) No person shall operate a motor vehicle while wearing earphones.

(b) For purposes of this subsection (1), “earphones” includes any headset, radio, tape player,

or other similar device which provides the listener with radio programs, music, or other

recorded information through a device attached to the head and which covers all of or a

portion of the ears. “Earphones” does not include speakers or other listening devices that are

built into protective headgear or a device or portion of a device that only covers all or a

portion of one ear and that is connected to a wireless, handheld telephone.

(2) Any person who violates this section commits a class B traffic infraction.

(3) Nothing in this section authorizes the holder of a commercial driver's license issued pursuant to

part 4 of article 2 of this title to act in violation of any federal law or regulation relating to driving

a commercial vehicle.

157

1412. Operation of bicycles and other human-powered vehicles.

(1) A person riding a bicycle, or electrical assisted bicycle, or electric scooter has all of the rights

and duties applicable to the driver of any other vehicle under this article 4, except as to special

regulations in this article 4, except as provided in section 1412.5, and except as to those

provisions that by their nature can have no application. Said bicycle, electrical assisted bicycle, or

electric scooter riders shall comply with the rules set forth in this section and section 221, and,

when using streets and highways within incorporated cities and towns, are subject to local

ordinances regulating the operation of bicycles, electrical assisted bicycles, and electric scooters

as provided in section 111. Notwithstanding any contrary provision in this article 4, when a county

or municipality has adopted an ordinance or resolution that regulates the operation of bicycles,

electrical assisted bicycles, and electric scooters at controlled intersections, as defined in section

1412.5(4)(a), and that does not conflict with section 1412.5, riders are subject to the local

ordinance or resolution.

(2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted

at the second regular session of the fifty-sixth general assembly, shall in any way be construed to

modify or increase the duty of the department of transportation or any political subdivision to sign

or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or

any political subdivision under the “Colorado Governmental Immunity Act”, Code 10 of title 24.

(3) A bicycle, electrical assisted bicycle, or electric scooter shall not be used to carry more

persons at one time than the number for which it is designed or equipped.

(4) A person riding upon a bicycle, electrical assisted bicycle, or electric scooter shall not attach

the vehicle or the rider to any motor vehicle upon a roadway.

(5)(a) Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than

the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions:

(I) If the right-hand lane then available for traffic is wide enough to be safely shared with

overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the

bicyclist to facilitate the movement of such overtaking vehicles unless other conditions

make it unsafe to do so.

(II) A bicyclist may use a lane other than the right-hand lane when:

(A) Preparing for a left turn at an intersection or into a private roadway or driveway;

(B) Overtaking a slower vehicle; or

(III) Upon approaching an intersection where right turns are permitted and there is a

dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated

right-turn lane even if the bicyclist does not intend to turn right.

(b) A bicyclist shall not be expected or required to:

158

(I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed

or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface

hazards, or narrow lanes; or

(II) Ride without a reasonable safety margin on the right-hand side of the roadway.

roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge

of the roadway as judged safe by the bicyclist, subject to the following conditions:

(I) If the left-hand lane then available for traffic is wide enough to be safely shared with

overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the

bicyclist to facilitate the movement of such overtaking vehicles unless other conditions

make it unsafe to do so.

(II) A bicyclist shall not be expected or required to:

(A) Ride over or through hazards at the edge of a roadway, including but not limited to

fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals,

surface hazards, or narrow lanes; or

(B) Ride without a reasonable safety margin on the left-hand side of the roadway.

(6)(a) Persons riding bicycles, electrical assisted bicycles, or electric scooter upon a roadway shall

not ride more than two abreast except on paths or parts of roadways set aside for the exclusive

use of bicycles.

(b) Persons riding bicycles, electrical assisted bicycles, or electric scooters two abreast shall

not impede the normal and reasonable movement of traffic and, on a laned roadway, shall

ride within a single lane.

(7) A person operating a bicycle, electrical assisted bicycle, or electric scooter shall keep at least

one hand on the handlebars at all times.

(8)(a) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn

left shall follow a course described in sections 901(1), 903, and 1007 or may make a left turn in

the manner prescribed in paragraph (b) of this subsection (8).

(b) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn

left shall approach the turn as closely as practicable to the right-hand curb or edge of the

roadway. After proceeding across the intersecting roadway to the far corner of the curb or

intersection of the roadway edges, the rider shall stop, as much as practicable, out of the way

of traffic. After stopping, the rider shall yield to any traffic proceeding in either direction

along the roadway that the rider had been using. After yielding and complying with any

official traffic control device or police officer regulating traffic on the highway along which

the rider intends to proceed, the bicyclist may proceed in the new direction.

transportation commission and local authorities in their respective jurisdictions may cause

159

official traffic control devices to be placed on roadways and thereby require and direct that a

specific course be traveled.

(9)(a) Except as otherwise provided in this subsection (9), every person riding a bicycle, electrical

assisted bicycle, or electric scooter shall signal the intention to turn or stop in accordance with

section 903; except that a person riding a bicycle, electrical assisted bicycle, or electric scooter

may signal a right turn with the right arm extended horizontally.

(b) A signal of intention to turn right or left when required shall be given continuously during

not less than the last one hundred feet traveled by the bicycle, electrical assisted bicycle, or

electric scooter before turning and shall be given while the bicycle, electrical assisted bicycle,

or electric scooter is stopped waiting to turn. A signal by hand and arm need not be given

continuously if the hand is needed in the control or operation of the bicycle. electrical

assisted bicycle, or electric scooter.

(10)(a) A person riding a bicycle, electrical assisted bicycle, or electric scooter upon and along a

sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to

any pedestrian and shall give an audible signal before overtaking and passing the pedestrian. A

person riding a bicycle, electrical assisted bicycle, or electric scooter in a crosswalk shall do so in

a manner that is safe for pedestrians.

(b) A person shall not ride a bicycle, electrical assisted bicycle, or electric scooter upon and

along a sidewalk or pathway or across a roadway upon and along a crosswalk where the use of

bicycles, electrical assisted bicycles, electric scooters is prohibited by official traffic control

devices or local ordinances. A person riding a bicycle, electrical assisted bicycle, or electric

scooter shall dismount before entering any crosswalk where required by official traffic control

devices or local ordinances.

and along a sidewalk or pathway or across a roadway upon and along a crosswalk has all the

rights and duties applicable to a pedestrian under the same circumstances, including the rights

and duties granted and required by section 802.

(d) (Deleted by amendment, L. 2005, p. 1353, § 1, effective July 1, 2005.)

(11)(a) A person may park a bicycle, electrical assisted bicycle, or electric scooter on a sidewalk

unless prohibited or restricted by an official traffic control device or local ordinance.

(b) A bicycle, electrical assisted bicycle, or electric scooter parked on a sidewalk must not

impede the normal and reasonable movement of pedestrian or other traffic.

angle to the curb or edge of the road at any location where parking is allowed.

(d) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road

abreast of one or more bicycles or electric scooters near the side of the road or any location

where parking is allowed in such a manner as does not impede the normal and reasonable

movement of traffic.

160

(e) In all other respects, bicycles, electrical assisted bicycles, or electrical scooters parked

anywhere on a highway must conform to the provisions of part 12 of this article 4 regulating

the parking of vehicles.

(12)(a) Any person who violates any provision of this section commits a class 2 misdemeanor traffic

offense; except that 42-2-127, shall not apply.

(b) Any person riding a bicycle, electrical assisted bicycle, or electric scooter who violates any

provision of this Code other than this section that is applicable to such a vehicle and for which

a penalty is specified, the person is subject to the same specified penalty as any other

vehicle; except that 42-2-127, does not apply.

(13) Upon request, the law enforcement agency having jurisdiction shall complete a report

concerning an injury or death incident that involves a bicycle, electrical assisted bicycle, or

electric scooter on the roadways of the state, even if the accident does not involve a motor

vehicle.

(14)(a)(I) A person may ride a class 1 or class 2 electrical assisted bicycle on a bike or pedestrian

path where bicycles are authorized to travel.

(II) A local authority may prohibit the operation of a class 1 or class 2 electrical assisted

bicycle on a bike or a pedestrian path under its jurisdiction.

(b) A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path

unless:

(I) The path is within a street or highway; or

(II) The local authority permits the operation of a class 3 electrical assisted bicycle on a

path under its jurisdiction.

(15)(a) A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle upon

any street, highway, or bike or pedestrian path; except that a person under sixteen years of age

may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate

passengers.

(b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle

unless:

(I) Each person under eighteen years of age is wearing a protective helmet of a type and

design manufactured for use by operators of bicycles;

(II) The protective helmet conforms to the design and specifications set forth by the United

States consumer product safety commission or the American Society for Testing and

Materials; and

(III) The protective helmet is secured properly on the person’s head with a chin strap while

the class 3 electrical assisted bicycle is in motion.

161

negligence per se in the context of any civil personal injury claim or lawsuit seeking damages.

1412.5. Statewide regulation of certain persons approaching intersections who are not

operating motor vehicles – status of existing local ordinance or resolution – legislative

declaration - definitions.

(1) The general assembly hereby finds and declares that:

(a) The regulation of persons approaching controlled intersections is a matter of mixed state

and local concern; and

(b) It is necessary, appropriate, and in the best interest of the state to reduce injuries,

fatalities, and property damage resulting from collisions at controlled intersections between

motor vehicles and persons who are not operating motor vehicles by allowing most persons

approaching controlled intersections who are fifteen years of age or older or who are under

fifteen years of age and accompanied by an adult and who are not operating motor vehicles to

approach controlled intersections in the manner set forth in this section.

(2)(a)(I) A pedestrian or a person who is fifteen years of age or older or who is under fifteen years

of age and accompanied by an adult and who is operating a low-speed conveyance and

approaching a controlled intersection with a stop sign shall slow down and, if required for safety,

stop before entering the intersection. If a stop is not required for safety, the pedestrian or person

operating a low-speed conveyance shall slow to a reasonable speed and yield the right-of-way to

any traffic or pedestrian in or approaching the intersection. After the pedestrian or person

operating a low-speed conveyance has slowed to a reasonable speed and yielded the right-of-way

if required, the pedestrian or person operating a low-speed conveyance may cautiously make a

turn or proceed through the intersection without stopping.

(II) For purposes of this subsection (2)(a), a reasonable speed is ten miles per hour or less. A

municipality, by ordinance, or a county, by resolution, may raise the maximum reasonable

speed to twenty miles per hour if the municipality or county also posts signs at the

intersection stating that higher speed limitation.

(b) A person who is fifteen years of age or older or who is under fifteen years of age and is

accompanied by an adult and who is operating a low-speed conveyance and approaching a

controlled intersection with an illuminated red traffic control signal shall stop before entering

the intersection and shall yield to all other traffic and pedestrians. Once the person operating

a lowspeed conveyance has yielded, the person operating a low-speed conveyance may

cautiously proceed in the same direction through the intersection or make a right-hand turn.

When a red traffic control signal is illuminated, a person operating a lowspeed conveyance

shall not proceed through the intersection or turn right if an oncoming vehicle is turning or

preparing to turn left in front of the person operating a low-speed conveyance.

accompanied by an adult and who is operating a low-speed conveyance approaching an

intersection of a roadway with an illuminated red traffic control signal may make a left-hand

turn only if turning onto a one-way street and only after stopping and yielding to other traffic

162

and pedestrians. However, a person operating a low-speed conveyance shall not turn left if an

oncoming vehicle is turning or preparing to turn right.

(d) Notwithstanding any other provision of this subsection (2), if a county or municipality has

placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign

or traffic control signal provides instructions only to one or more specified types of low-speed

conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic

control signal is directed shall obey the instructions provided by the sign or traffic control

signal.

(e) If a county or municipality adopted a valid ordinance or resolution that regulates bicycles

or electrical assisted bicycles substantially as described in subsections (2)(a.5), (2)(b.5), and

(2)(c.5) of this section prior to May 3, 2018, that ordinance or resolution remains valid to the

extent that it applies to the operation of bicycles or electrical assisted bicycles by persons

who are under fifteen years of age and who are not accompanied by an adult.

(2.5) This section supersedes any conflicting ordinance that a municipality, county, or city and

county adopts, but nothing in this section affects the validity of any ordinance or resolution

adopted by a municipality, county, or city and county that regulates the conduct of persons

approaching controlled intersections and does not conflict with this section.

(3) This section does not diminish or alter the authority of the department of transportation or the

state transportation commission, as those entities are defined in section 43-1-102, regarding the

department's or commission's authority to regulate motor vehicle traffic on any portion of the

state highway system as defined in section 43-2-101(1).

(3.5) This section does not create any right for a pedestrian or the operator of a low-speed

conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state

law or by an ordinance or resolution adopted by a municipality, county, or city and county.

(4) As used in this section:

(a) “Controlled intersection” means an intersection of a roadway that is controlled by either a

stop sign or a traffic control signal.

(b) “Low-speed conveyance” means:

(I) A vehicle, as defined in section 42-1-102(112), that is not a motor vehicle, as defined in

section 42-1-102(58), a low-power scooter as defined in section 42-1-102(48.5), or a low-

speed electric vehicle, as defined in section 42-1-102(48.6);

(II) A toy vehicle, as defined in section 42-1-102(103.5), that is exclusively human-powered;

(III) An electric personal assistance mobility device or EPAMD, as defined in section 42-1-

102(28.7), or a device that would be an electric personal assistance mobility device or

EPAMD but for the fact that it has fewer or more than two wheels or has tandem wheels.

163

1413. (Removed)

1414. Use of dyed fuel on highways prohibited.

(1) No person shall operate a motor vehicle upon any highway of the state using diesel fuel dyed to

show that no taxes have been collected on the fuel.

(2)(a) Any person who violates subsection (1) of this section commits a class B traffic infraction.

(b) Any person who commits a second violation of subsection (1) of this section within a

twelve-month period shall be subject to an increased penalty pursuant to section 42-4-

1701(4)(a)(I)(N).

within a twelve-month period shall be subject to an increased penalty pursuant to section 42-

4- 1701(4)(a)(I)(N).

(3) Any person violating any provision of this section shall be subject to audit by the department

regarding payment of motor fuel tax.

1415. Radar jamming devices prohibited - penalty.

(1)(a) No person shall use, possess, or sell a radar jamming device.

(b) No person shall operate a motor vehicle with a radar jamming device in the motor vehicle.

(2)(a) For purposes of this section, “radar jamming device” means any active or passive device,

instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or

scramble the radar or laser that is used by law enforcement agencies and peace officers to

measure the speed of motor vehicles. “Radar jamming device” includes but is not limited to

devices commonly referred to as “jammers” or “scramblers”.

(b) For purposes of this section, “radar jamming device” shall not include equipment that is

legal under FCC regulations, such as a citizens’ band radio, ham radio, or any other similar

electronic equipment.

(3) Radar jamming devices are subject to seizure by any peace officer and may be confiscated and

destroyed by order of the court in which a violation of this section is charged.

(4) A violation of subsection (1) of this section is a class 2 misdemeanor traffic offense, punishable

as provided in section 42-4-1701(3)(a)(II)(A).

(5) The provisions of subsection (1) of this section shall not apply to peace officers acting in their

official capacity.

164

1416. Failure to present a valid transit pass or coupon - fare inspector authorization –

definitions.

(1) A person commits failure to present a valid transit pass or coupon if the person occupies, rides

in, or uses a public transportation vehicle without paying the applicable fare or providing a valid

transit pass or coupon.

(2) A person shall not occupy, ride in, or use a public transportation vehicle without possession of

proof of prior fare payment. A person shall present proof of prior fare payment upon demand of a

fare inspector appointed or employed pursuant to subsection (4) of this section, a peace officer,

or any other employee or agent of a public transportation entity.

(3) A violation of this section is a class B traffic infraction and is punishable by a fine of seventy-

five dollars. Notwithstanding any other provision of law, fines for a violation of subsection (1) of

this section shall be retained by the clerk of the court in the city and county of Denver upon

receipt by the clerk for a violation occurring within that jurisdiction, or transmitted to the state

judicial department if the fine is receipted by the clerk of the court of any other county.

(4)(a) Public transportation entities may appoint or employ, with the power of removal, fare

inspectors as necessary to enforce the provisions of this section. The employing public

transportation entity shall determine the requirements for employment as a fare inspector.

(b) A fare inspector appointed or employed pursuant to this section is authorized to enforce

the provisions of this section while acting within the scope of his or her authority and in the

performance of his or her duties. A fare inspector is authorized to issue a citation to a person

who commits failure to provide a valid transit pass or coupon in violation of this section. The

fare inspector shall issue a citation on behalf of the county in which the person occupying,

riding in, or using a public transportation vehicle without paying the applicable fare is located

at the time the violation is discovered. The public transportation entity whose fare inspector

issued the citation shall timely deliver the citation to the clerk of the county court for the

jurisdiction in which the accused person is located at the time the violation is discovered.

(5) As used in this section, unless the context otherwise requires:

(a) "Proof of prior fare payment" means:

(I) A transit pass valid for the day and time of use;

(II) A receipt showing payment of the applicable fare for use of a public transportation

vehicle during the day and time specified in the receipt; or

(III) A prepaid ticket or series of tickets showing cancellation by a public transportation

entity used within the day and time specified in the ticket.

(b) "Public transportation entity" means a mass transit district, a mass transit authority, or any

other public entity authorized under the laws of this state to provide mass transportation

services to the general public.

165

of transportation used by a public transportation entity to provide transportation services to

the general public.

(d) "Transit pass" means any pass, coupon, transfer, card, identification, token, ticket, or

other document, whether issued by a public transportation entity or issued by an employer to

employees pursuant to an agreement with a public transportation entity, used to obtain public

transit.

166

Part 15

Motorcycles

1501. Traffic laws apply to persons operating motorcycles - special permits.

(1) Every person operating a motorcycle or autocycle shall be granted all of the rights and is

subject to all of the duties applicable to the driver of any other vehicle under this article 4,

except as to special regulations in this article 4 and except as to those provisions of this article 4

that by their nature are not applicable.

(2) For the purposes of a prearranged, organized special event and upon a showing that safety will

be reasonably maintained, the department of transportation may grant a special permit exempting

the operation of a motorcycle or autocycle from any requirement of this part 15.

1502. Motorcycles and autocycles – protective helmet.

(1) A person driving a motorcycle or autocycle shall ride only upon the permanent and regular seat

attached to the motorcycle or autocycle. The driver or a motorcycle or an autocycle shall not

carry any other person and another person shall not ride on a motorcycle or autocycle unless the

motorcycle or autocycle is designed to carry more than one person. If a motorcycle or autocycle is

designed to carry more than one person, a passenger may ride upon the permanent seat if the

permanent seat is designed for two persons or upon another seat firmly attached to the

motorcycle or autocycle at the rear or side of the operator.

(2) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with

one leg on either side of the motorcycle.

(3) No person shall operate a motorcycle while carrying packages, bundles, or other articles which

prevent the person from keeping both hands on the handlebars.

(4) A driver shall not carry any person, and another person shall not ride, in a position that will

interfere with the operation or control of the motorcycle or autocycle or the view of the operator.

(4.5)(a) Except as provided in subsection (4.5)(c) of this section, a person shall not operate or ride

as a passenger on a motorcycle, autocycle, or low-power scooter on a roadway unless:

(I) Each person under eighteen years of age is wearing a protective helmet of a type and

design manufactured for use by operators of motorcycles;

(II) The protective helmet conforms to the design and specifications set forth in paragraph

(b) of this subsection (4.5); and

(III) The protective helmet is secured properly on the person’s head with a chin strap while

the motorcycle, autocycle, or low-power scooter is in motion.

(b) A protective helmet required to be worn by this subsection (4.5) shall:

167

(I) Be designed to reduce injuries to the user resulting from head impacts and to protect the

user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading

the force of impact;

(II) Consist of lining, padding, and chin strap; and

(III) Meet or exceed the standards established in the United States department of

transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for

motorcycle helmets.

(I) Three wheels;

(II) A maximum design speed of twenty-five miles per hour or less;

(III) A windshield; and

(IV) Seat belts.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

1503. Operating motorcycles and autocycles on roadways laned for traffic.

(1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in

such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1)

shall not apply to motorcycles operated two abreast in a single lane.

(2) The operator of a motorcycle or autocycle shall not overtake or pass in the same lane occupied

by the vehicle being overtaken.

(3) A person shall not operate a motorcycle or autocycle between lanes of traffic or between

adjacent lines or rows of vehicles.

(4) Motorcycles shall not be operated more than two abreast in a single lane.

(5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of

their official duties.

(6) Any person who violates any provision of this section commits a class A traffic infraction.

1504. Clinging to other vehicles.

A person riding upon a motorcycle or autocycle shall not attach himself, herself, or the motorcycle

or autocycle to any other vehicle on a roadway. Any person who violates this section commits a

class A traffic infraction.

168

Part 16

Accidents And Accident Reports

(Omitted)

169

Part 17

Penalties And Procedure

Preface.

(1) Municipalities that have adopted the Code need to be aware of: sections 13-10-101, et. seq.,

section 42-4-110(2), and the Colorado Municipal Court Rules (C.M.C.R.).

(2) Counties that have adopted the Code need to be aware of: part 5 of Code 6 of title 13, section

16-2-201, sections 30-15-401(1)(h), 30-15-402, 30-15-407, section 42-4-1701, Colorado Rules for

Magistrates - Rule 7, and Colorado Rules of Criminal Procedure - Rule 4.1.

(3) Counties additionally need to be aware of section 30-15-401(1)(h), which reads in part,

emphasis added:

“To control and regulate the movement and parking of vehicles and motor vehicles on public

property; except that misdemeanor traffic offenses and the posted speed limit on any state

highway located within the county shall be deemed a matter of statewide interest.”.

Pursuant to section 30-15-402, which reads in part, emphasis added:

(1) “Any person who violates any county ordinance adopted pursuant to this part 4 ... in the

case of traffic offenses, commits a traffic infraction, and, upon conviction thereof, shall be

punished by a fine of not more than one thousand dollars for each separate violation. If

authorized by the county ordinance, the penalty assessment procedure provided in section 16-

2-201, may be followed by any arresting law enforcement officer for any such violation. As

part of said county ordinance authorizing the penalty assessment procedure, the board of

county commissioners may adopt a graduated fine schedule for such violations. Such

graduated fine schedule may provide for increased penalty assessments for repeat offenses by

the same individual. In the case of county traffic ordinance violations, the provisions of

sections 42-4-1701 and 42-4-1703, and sections 42-4-1708 to 42-4-1718, shall apply; except

that the fine or penalty for a violation charged and the surcharge thereon if authorized by

county ordinance shall be paid to the county.

(2) In addition to the penalties prescribed in subsection (1) of this section, persons convicted

of a violation of any ordinance adopted pursuant to this part 4 are subject to:

(a) A surcharge of ten dollars that shall be paid to the clerk of the court by the defendant.

Each clerk shall transmit the moneys to the court administrator of the judicial district in

which the offense occurred for credit to the victims and witnesses assistance and law

enforcement fund established in that judicial district pursuant to section 24-4.2-103”.

1701. Traffic offenses and infractions classified - penalties - penalty and surcharge

schedule - repeal.

(1) It is a traffic infraction for any person to violate any of the provisions of articles 1 to 3 of this

title 42 and parts 1 to 3 and 5 to 19 of this article 4 unless such violation is, by articles 1 to 3 of

this title 42 and parts 1 to 3 and 5 to 19 of this article 4 or by any other law of this state, declared

to be a felony, misdemeanor, petty offense, civil infraction, or misdemeanor traffic offense. Such

a traffic infraction constitutes a civil matter.

170

(2)(a) For the purposes of this part 17, “judge” shall include any county court magistrate who

hears traffic infraction matters, but no person charged with a traffic violation other than a traffic

infraction or class 2 misdemeanor traffic offense shall be taken before a county court magistrate.

(b) For the purposes of this part 17, "magistrate" shall include any county court judge who is

acting as a county court magistrate in traffic infraction and class 2 misdemeanor traffic

offense matters.

(3)(a)(I) Except as provided in subsections (4) and (5) of this section or the section creating the

infraction, traffic infractions are divided into two classes which shall be subject to the following

penalties which are authorized upon entry of judgment against the defendant:

Class

Minimum Penalty

Maximum Penalty

$15.00 Penalty

$100.00 Penalty

$15.00 Penalty

$100.00 Penalty

(II)(A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II),

subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4 and 42-4-1307,

or the section creating the offense, misdemeanor traffic offenses are vided into two classes

that are distinguished from one another by the following penalties that are authorized upon

conviction:

Class

Minimum Sentence

Maximum Sentence

Ten days imprisonment, or $300 fine, or

both

One year imprisonment, or $1,000 fine,

or both

Ten days imprisonment, or $150 fine, or

both

Ninety days imprisonment, or $300

fine, or both

(B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be

required to pay restitution as required by article 18.5 of title 16, and may be sentenced

to perform a certain number of hours of community or useful public service in addition

to any other sentence provided by sub-subparagraph (A) of this subparagraph (II), subject

to the conditions and restrictions of section 18-1.3-507.

(b) Any traffic infraction or misdemeanor traffic offense defined by law outside of articles 1 to

4 of this title shall be punishable as provided in the statute defining it or as otherwise

provided by law.

judgment for any class B traffic infractions.

(4)(a)(I) Except as provided in subsection (5)(c) of this section, every person who is convicted of,

who admits liability for, or against whom a judgment is entered for a violation of any provision of

this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized,

171

and have a surcharge levied thereon pursuant to sections 24-4.1-119(1)(f) and 24-4.2-104(1)(b)(I),

in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to

(4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty

for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be four

dollars. These penalties and surcharges shall apply whether the defendant acknowledges the

defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) this

section, is found guilty by a court of competent jurisdiction, or has judgment entered against the

defendant by a county court magistrate. Penalties and surcharges for violating specific sections

shall be as follows:

(A) Drivers' license violations:

Section Violated Penalty Surcharge

42-2-101 $35.00 $10.00

42-2-101(2), (3), or (5) $15.00 $6.00

42-2-103 $15.00 $6.00

42-2-105 $70.00 $10.00

42-2-105.5(4) $65.00 $10.00

42-2-106 $70.00 $ 10.00

42-2-115 $35.00 $10.00

42-2-116(6)(a) $30.00 $6.00

42-2-119 $15.00 $6.00

42-2-134 $35.00 $10.00

42-2-136 $35.00 $10.00

42-2-138 $100.00 $15.00

42-2-139 $35.00 $10.00

42-2-140 $35.00 $10.00

42-2-141 $35.00 $10.00

42-2-204 $70.00 $10.00

42-2-404 $100.00 $15.00

(B) Registration and taxation violations:

Section Violated

Penalty

Surcharge

42-3-103 $50.00 $16.00

42-3-113 $15.00 $6.00

42-3-202 $15.00 $6.00

42-3-116 $50.00 $16.00

42-3-121(1)(a) $75.00 $24.00

42-3-121(1)(c) $35.00 $10.00

42-3-121(1)(f), (1)(g), and (1)(h) $75.00 $24.00

42-3-304 to 306 $50.00 $16.00

42-3-308 $50.00 $16.00

172

Section Violated

Penalty

Surcharge

Sec.[1] 1412

$15.00 $6.00

Sec. 109(13)(a) $15.00 $6.00

Sec. 109(13)(b) $100.00 $15.00

Sec. 1211 $30.00 $6.00

Sec. 1405 $15.00 $6.00

1[1] NOTE: “Sec.” refers to the corresponding section of this Model Traffic

Code.

(D) Equipment violations:

Section Violated

Penalty

Surcharge

Sec. 201 $35.00 $10.00

Sec. 202 $35.00 $10.00

Sec. 204 $15.00 $6.00

Sec. 205 $15.00 $6.00

Sec. 206 $15.00 $6.00

Sec. 207 $15.00 $6.00

Sec. 208 $15.00 $6.00

Sec. 209 $15.00 $6.00

Sec. 210 $15.00 $6.00

Sec. 211 $15.00 $6.00

Sec. 212 $15.00 $6.00

Sec. 213 $15.00 $6.00

Sec. 214 $15.00 $6.00

Sec. 215 $15.00 $6.00

Sec. 216 $15.00 $6.00

Sec. 217 $15.00 $6.00

Sec. 218 $15.00 $6.00

Sec. 219 $15.00 $6.00

Sec. 220 $15.00 $6.00

Sec. 221 $15.00 $6.00

Sec. 222(1) $15.00 $6.00

Sec. 223 $15.00 $6.00

Sec. 224 $15.00 $6.00

Sec. 225(1) $15.00 $6.00

1. NOTE: “Sec.” refers to the corresponding section of this Model Traffic Code.

173

Sec. 226 $15.00 $6.00

Sec. 227(1) $50.00 $16.00

Sec. 228(1), (2), (3), (5), or (6) $15.00 $6.00

Sec. 229 $15.00 $6.00

Sec. 230 $15.00 $6.00

Sec. 231 $15.00 $6.00

Sec. 232 $15.00 $6.00

Sec. 233 $75.00 $24.00

Sec. 234 $15.00 $6.00

Sec. 235 $50.00 $16.00

Sec. 236 $65.00 $16.00

Sec. 237 $65.00 $6.00

Sec. 1411 $15.00 $6.00

Sec. 1412 $15.00 $6.00

Sec. 1901 $35.00 $ 10.00

(E) E

missions inspections:

Section Violated Penalty Surcharge

Sec. 313(3)(c) $100.00 $15.00

Sec. 313(3)(d) $15.00 $6.00

(E.5) Dispel Inspections:

Sec. 412 $50.00 $16.00

(F) Size, weight, and load violations:

Section Violated Penalty Surcharge

Sec. 106(1), (3), (4), (6), or (7) $35.00 $10.00

Sec. 106(5)(a)(I) $100.00 $32.00

Sec. 106(5)(a)(II) $500.00 $156.00

Sec. 106(5)(a)(III) $500.00 $78.00

Sec. 106(5)(a)(IV) $1,000.00 $156.00

Sec. 105(1) to (5) $50.00 $16.00

Sec. 106 $50.00 $16.00

Sec. 502 $75.00 $24.00

Sec. 503 $15.00 $6.00

Sec. 504 $75.00 $24.00

Sec. 505 $75.00 $24.00

Sec. 506 $15.00 $6.00

Sec. 509 $50.00 $16.00

Sec. 510(12)(a) $35.00 $10.00

Sec. 512 $75.00 $24.00

174

(G) Signals, signs, and markings violations:

Section Violated Penalty Surcharge

Sec. 603 $100.00 $10.00

Sec. 604 $100.00 $10.00

Sec. 605 $70.00 $10.00

Sec. 606 $15.00 $6.00

Sec. 607(1) $50.00 $16.00

Sec. 607(2)(a) $100.00 $32.00

Sec. 608(1) $70.00 $6.00

Sec. 608(2) $15.00 $6.00

Sec. 609 $15.00 $6.00

Sec. 610 $15.00 $6.00

Sec. 611 $100.00 $15.00

Sec. 612 $70.00 $10.00

Sec. 613 $35.00 $10.00

(H) Rights-of-way violations:

Section Violated Penalty Surcharge

Sec. 701 $70.00 $10.00

Sec. 702 $70.00 $10.00

Sec. 703 $70.00 $10.00

Sec. 704 $70.00 $10.00

Sec. 705 $70.00 $16.00

Sec. 706 $70.00 $10.00

Sec. 707 $70.00 $10.00

Sec. 708 $35.00 $10.00

Sec. 709 $70.00 $10.00

Sec. 710 $70.00 $10.00

Sec. 711 $100.00 $10.00

Sec. 712 $70.00 $10.00

Sec. 714 $70.00 $10.00

Sec. 715 $70.00 $11.00

(I) Pedestrian violations:

Section Violated Penalty Surcharge

Sec. 801 $15.00 $6.00

Sec. 802(1) $30.00 $6.00

Sec. 802(3) $15.00 $6.00

Sec. 802(4) $30.00 $6.00

Sec. 802(5) $30.00 $6.00

Sec. 803 $15.00 $6.00

175

Sec. 805 $15.00 $6.00

Sec. 806 $70.00 $10.00

Sec. 807 $70.00 $10.00

Sec. 808 $70.00 $10.00

(J) Turning and stopping violations:

Section Violated Penalty Surcharge

Sec. 901 $70.00 $10.00

Sec. 902 $70.00 $10.00

Sec. 903 $70.00 $10.00

(K) Driving, overtaking, and passing violations:

Section Violated

Penalty

Surcharge

Sec. 1001 $70.00 $10.00

Sec. 1002 $100.00 $10.00

Sec. 1003 $100.00 $10.00

Sec. 1004 $100.00 $10.00

Sec. 1005 $100.00 $10.00

Sec. 1006 $70.00 $10.00

Sec. 1007 $100.00 $10.00

Sec. 1008 $100.00 $10.00

Sec. 1009 $70.00 $10.00

Sec. 1010 $70.00 $10.00

Sec. 1011 $200.00 $32.00

Sec. 1012(3)(a) $65.00 (NONE)

Sec. 1012(3)(b) $125.00 (NONE)

Sec. 1013 $100.00 (NONE)

(L) Speeding violations:

Sec. 1101(1) or (8)(b) (1 to 4 miles per hour over the reasonable and prudent speed or

over the maximum lawful speed limit of 75 miles per hour)

Penalty Surcharge

$30.00 $6.00

Sec. 1101(1) or (8)(b) (5 to 9 miles per hour over the reasonable and prudent speed or

over the maximum lawful speed limit of 75 miles per hour)

Penalty Surcharge

$70.00 $10.00

176

Sec. 1101(1) or (8)(b) (10 to 19 miles per hour over the reasonable and prudent speed

or over the maximum lawful speed limit of 75 miles per hour)

Penalty Surcharge

$135.00 $16.00

Sec. 1101(1) or (8)(b) (20 to 24 miles per hour over the reasonable and prudent speed

or over the maximum lawful speed limit of 75 miles per hour)

Penalty Surcharge

$200.00 $32.00

Sec. 1101(8)(g) (1 to 4 miles per hour over the maximum lawful speed limit of 40

miles per hour driving a low-power scooter)

Penalty Surcharge

$50.00 $6.00

Sec. 1101(8)(g) (5 to 9 miles per hour over the maximum lawful speed limit of 40

miles per hour driving a low-power scooter)

Penalty Surcharge

$75.00 $10.00

Sec. 1101(8)(g) (greater than 9 miles per hour over the maximum lawful speed limit

of 40 miles per hour driving a low-power scooter)

Penalty Surcharge

$100.00 $16.00

Section Violated Penalty Surcharge

Sec. 1101(3) $100.00 $10.00

Sec. 1103 $50.00 $6.00

Sec. 1104 $30.00 $6.00

(M) Parking violations:

Section Violated Penalty Surcharge

Sec. 1201 $30.00 $6.00

Sec. 1202 $30.00 $6.00

Sec. 1204 $15.00 $6.00

Sec. 1205 $15.00 $6.00

Sec. 1206 $15.00 $6.00

Sec. 1207 $15.00 $6.00

Sec. 1208 $150.00 $32.00

Sec. 1210 $50.00 $10.00

Sec. 1213 $150.00 $32.00

177

(N) Other offenses:

Section Violated Penalty Surcharge

Sec. 1301(2)(d) $100.00 $16.00

Sec. 1305 $50.00 $16.00

Sec. 1305.5(2) $50.00 $7.80

Sec. 1402 $150.00 $16.00

Sec. 1403 $30.00 $6.00

Sec. 1404 $15.00 $6.00

Sec. 1406 $35.00 $10.00

Sec. 1407(3)(a) $35.00 $10.00

Sec. 1407(3)(b) $100.00 $30.00

Sec. 1407(3)(c) $500.00 $200.00

Sec. 314(1) and (2) $35.00 $10.00

Sec. 314(6)(a) $100.00 $10.00

Sec. 1408 $15.00 $6.00

Sec. 1414(2)(a) $500.00 $156.00

Sec. 1414(2)(b) $1,000.00 $312.00

Sec. 1414(2)(c) $5,000.00 $1,560.00

Sec. 1416(3) $75.00 $4.00

42-20-109(2) $250.00 $66.00

(O) Motorcycle violations:

Section Violated Penalty Surcharge

Sec. 1502(1), (2), (3), or (4) $30.00 $6.00

Sec. 1502(4.5) $100.00 $15.00

Sec. 1503 $30.00 $6.00

Sec. 1504 $30.00 $6.00

(P) Offenses by persons controlling vehicles:

Section Violated Penalty Surcharge

Sec. 239(5)(a) $50.00 $6.00

Sec. 239(5)(b) $100.00 $6.00

Sec. 239(5.5) $300.00 $6.00

Sec. 1704 $15.00 $6.00

(Q) Certificates of title:

Section Violated Penalty Surcharge

42-6-110 $100.00 $15.00

42-6-112 $100.00 $15.00

178

(R) Proof of financial responsibility:

Section Violated Penalty Surcharge

42-7-422 $100.00 $15.00

42-7-506 $50.00 $15.00

42-7-507 $100.00 $15.00

42-7-510 $100.00 $15.00

(S) Uninsured motorist identification database protection:

Section Violated Penalty Surcharge

42-7-606 $100.00 $15.00

(II)(A) A person convicted of violating section 507 or 508 shall be fined pursuant to this sub-

subparagraph (A), whether the defendant acknowledges the defendant's guilt pursuant to

the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by

a court of competent jurisdiction. A person who violates section 507 or 508 shall be

punished by the following fine plus a surcharge of sixteen percent of the fine as follows:

Excess Weight - Pounds Penalty

1 - 1,000 $20.00

1,001 - 3,000 $25.00

3,001 - 5,000 0.03 per pound overweight

5,001 - 7,000 0.05 per pound overweight rounded to the nearest dollar

7,001 - 10,000 0.07 per pound overweight rounded to the nearest dollar

10,001 - 15,000 0.10 per pound overweight rounded to the nearest dollar

15,001 - 19,750 0.15 per pound rounded to the nearest dollar

Over 19,750 0.25 per pound overweight rounded to the nearest dollar

(B) The state, county, city, or city and county issuing a citation that results in the

assessment of the penalties in sub-subparagraph (A) of this subparagraph (II) may retain

and distribute the following amount of the penalty according to the law of the

jurisdiction that assesses the penalty, but the remainder of the penalty shall be

transmitted to the state treasurer, who shall credit the moneys to the commercial

vehicle enterprise tax fund created in section 42-1-225:

Excess Weight - Pounds Penalty Retained

1 - 3,000 $15.00

3,001 - 4,250 $25.00

4,251 - 4,500 $50.00

4,501 - 4,750 $55.00

4,751 - 5,000 $60.00

5,001 - 5,250 $65.00

5,251 - 5,500 $75.00

179

5,501 - 5,750 $85.00

5,751 - 6,000 $95.00

6,001 - 6,250 $105.00

6,251 - 6,500 $125.00

6,501 - 6,750 $145.00

6,751 - 7,000 $165.00

7,001 - 7,250 $185.00

7,251 - 7,500 $215.00

7,501 - 7,750 $245.00

7,751 - 8,000 $275.00

8,001 - 8,250 $305.00

8,251 - 8,500 $345.00

8,501 - 8,750 $385.00

8,751 - 9,000 $425.00

9,001 - 9,250 $465.00

9,251 - 9,500 $515.00

9,501 - 9,750 $565.00

9,751 - 10,000 $615.00

10,001 - 10,250 $665.00

Over 10,250

$30.00 for each 250 pounds additional

overweight, plus $665.00

(III) Any person convicted of violating any of the rules promulgated pursuant to section 510,

except section 510(2)(b)(IV), shall be fined as follows, whether the violator acknowledges

the violator's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of

this section or is found guilty by a court of competent jurisdiction:

(A) Except as provided in sub-subparagraph (D) of this subparagraph (III), any person who

violates the maximum permitted weight on an axle or on gross weight shall be punished

by the following fine plus a surcharge of sixteen percent of the fine:

Excess Weight Above Maximum

Excess Weight - Pounds Penalty Retained

1 - 2,500 $50.00

2,501 - 5,000 $100.00

5,001 - 7,500

$200.00

7,501 - 10,000 $400.00

Over 10,000

$150.00 for each 1,000 pounds additional

overweight, plus $400.00

(B) Any person who violates any of the requirements of the rules and regulations

pertaining to transport permits for the movement of overweight or oversize vehicles or

180

loads, other than those violations specified in sub-subparagraph (A) or (C) of this

subparagraph (III), shall be punished by a fine of fifty dollars.

rules and regulations pertaining to transport permits for the movement of overweight or

oversize vehicles or loads or who fails to reduce speed when such speed reduction is

required by said rules and regulations shall be punished by a fine of two hundred fifty

dollars.

(D) The fines for a person who violates the maximum permitted weight on an axle or on

gross weight under a permit issued pursuant to section 510(1)(b)(II) shall be doubled.

(IV)(A) Any person convicted of violating section 42-3-114 who has not been convicted of a

violation of section 42-3-114 in the twelve months preceding such conviction shall be fined

as follows, whether the defendant acknowledges the defendant's guilt pursuant to the

procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a

court of competent jurisdiction:

Number of days beyond renewal period

that registration has been expired

Penalty Surcharge

1-29 $35.00 $8.00

30 - 59 $50.00 $12.00

60 and over $75.00 $18.00

(B) Any person convicted of violating section 42-3-114 who has been convicted of

violating said section within the twelve months preceding such conviction shall be fined

pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section.

(V) Any person convicted of violating section 42-20-204(2) shall be fined twenty-five dollars,

whether the violator acknowledges guilt pursuant to the procedure set forth in paragraph

(a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction.

(VI)(A) Except as provided in paragraph (c) of subsection (5) of this section, every person

who is convicted of, who admits liability for, or against whom a judgment is entered for a

violation of any provision of this title to which the provisions of paragraph (a) or (b) of

subsection (5) of this section apply, shall, in addition to any other fine or penalty or

surcharge, be assessed a surcharge of one dollar, which amount shall be transmitted to the

state treasurer for deposit in the family-friendly court program cash fund created in section

13-3-113(6). This surcharge shall apply whether the defendant acknowledges the

defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of

subsection (5) of this section or is found guilty by a court of competent jurisdiction or has

judgment entered against the defendant by a county court magistrate.

(B) Repealed.

(VII) The penalties and surcharges for a second or subsequent violation of section 42-20-

109(2), within twelve months shall be doubled.

181

(VIII) A person who violates section 42-3-204(7)(f)(II), or section 1208(3)(a) or (4) commits a

class A traffic infraction and, upon conviction, shall be punished by a surcharge of thirty-

two dollars under sections 24-4.1-119(1)(f) and 24-4.2-104(1)(b)(I), and:

(A) A fine of not less than three hundred fifty dollars but not more than one thousand

dollars for the first offense;

(B) A fine of not less than six hundred dollars but not more than one thousand dollars for

a second offense; and

in addition to not more than ten hours of community service, for a third or subsequent

offense.

(IX) A person who violates section 1208(3) by parking a vehicle owned by a commercial

carrier commits a class A traffic infraction.

(X)(A) A person who violates section 1208(5) of this section commits a class A traffic

infraction.

(B) A person who willfully receives remuneration for violating section 1208(5) commits a

class A traffic infraction.

(b)(I) The schedule in subparagraph (I) of paragraph (a) of this subsection (4) shall not apply

when the provisions of paragraph (c) of subsection (5) of this section prohibit the issuance of a

penalty assessment notice for a violation of the aforesaid traffic violation.

(II) The schedules in subparagraphs (II) and (III) of paragraph (a) of this subsection (4) shall

apply whether the violator is issued a penalty assessment notice or a summons and

complaint.

(c)(I) The penalties and surcharges imposed for speeding violations under subsection

(4)(a)(I)(L) of this section shall be doubled if a speeding violation occurs within a

maintenance, repair, or construction zone that is designated by the department of

transportation pursuant to section 614(1)(a); except that the penalty for violating section

1101(1) or (8)(b) by twenty to twenty-four miles per hour over the reasonable and prudent

speed or over the maximum lawful speed limit of seventy-five miles per hour shall be five

hundred forty dollars.

(II)(A) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G),

(H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall

be doubled if a violation occurs within a maintenance, repair, or construction zone that is

designated by the department of transportation pursuant to section 614(1)(a); except that

the fines for violating sections 314, 610, 613, 706, 707, 708, 709, 710, 1011, 1012, 1404,

1408, and 1414 shall not be doubled under this subparagraph (II).

(B) There is hereby created, within the highway users tax fund, the highway construction

workers' safety account.

fine allocated to the state by sections 42-1-217 and section 205, shall be transferred to

182

the state treasurer, who shall deposit it in the highway construction workers' safety

account within the highway users tax fund to be continuously appropriated to the

department of transportation for work zone safety equipment, signs, and law

enforcement.

(D) This subparagraph (II) is effective July 1, 2006.

(III) The penalties and surcharges imposed for speeding violations under sub-subparagraph

(L) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a speeding

violation occurs within a maintenance, repair, or construction zone that is designated by a

public entity pursuant to section 614(1)(b).

(IV) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G),

(H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall

be doubled if a violation occurs within a maintenance, repair, or construction zone that is

designated by a public entity pursuant to section 614(1)(b); except that the fines for

violating sections 314, 610, 613, 706, 707, 708, 709, 710, 1011, 1012, 1404, 1408, and 1414

shall not be doubled under this subparagraph (IV).

(d) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I)

of paragraph (a) of this subsection (4) are doubled if the violation occurs within a school zone

pursuant to section 615.

(d.5)(I) The penalty and surcharge imposed for any moving traffic violation under

subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs

within a wildlife crossing zone pursuant to section 616.

(II)(A) There is hereby created, within the highway users tax fund, the wildlife crossing

zones safety account.

(B) If a penalty and surcharge are doubled pursuant to subparagraph (I) of this paragraph

(d.5), one-half of the penalty and surcharge allocated to the state by sections 42-1-217

and section 205, shall be transferred to the state treasurer, who shall deposit the

moneys in the wildlife crossing zones safety account within the highway users tax fund to

be continuously appropriated to the department of transportation for wildlife crossing

zones signs and law enforcement.

(e)(I) An additional twenty dollars shall be assessed for speeding violations pursuant to

subsection (4)(a)(I)(L) of this section in addition to the penalties and surcharge stated in

subsection (4)(a)(I)(L) of this section. Money collected pursuant to this subsection (4)(e) must

be transmitted to the state treasurer, who shall deposit such money in the Colorado brain

injury trust fund created pursuant to section 26-1-309 within fourteen days after the end of

each quarter, to be used for the purposes set forth in part 3 of article 1 of title 26.

(II) If the surcharge is collected by a county, the surcharge shall be twenty-two dollars of

which two dollars shall be retained by the county and the remaining twenty dollars must be

transmitted to the state treasurer and credited to the Colorado brain injury trust fund

created pursuant to section 26-1-309 within fourteen days after the end of each quarter, to

be used for the purposes set forth in part 3 of article 1 of title 26.

183

(III) An additional twenty dollars is assessed for a violation of a traffic regulation pursuant to

subsection (4)(a)(I)(C) of this section for a violation of section 42-4-109(13)(b), in addition

to the penalties stated in subsection (4)(a)(I)(C) of this section. An additional twenty dollars

must be assessed for a motorcycle or autocycle violation pursuant to subsection (4)(a)(I)(O)

of this section for a violation of section 42-4-1502(4.5), in addition to the penalties stated in

subsection (4)(a)(I)(O) of this section. Money collected pursuant to this subsection (4)(e)(III)

must be transmitted to the state treasurer, who shall deposit the money in the Colorado

brain injury trust fund created pursuant to section 26-1-309, to be used for the purposes set

forth in part 3 of article 1 of title 26.

(d.7)(I) the penalty and surcharge imposed for a violation under subsection (4)(a)(I)(L) of this

section is doubled is the violation is committed by a driver of a commercial motor vehicle

within an area of a state highway that the department of transportation has designated as a

steep downhill grade zone pursuant to section 42-4-617.

(II)(A) there is created, within the highway users tax fund, the mountain highways

commercial motor vehicle safety account, referred to within this subsection (4)(d.7) as the

“account”.

(B) notwithstanding any provision of law to the contrary, for each fine collected pursuant

to section 424-617(4) and subsection (4)(d.7)(I) of this section, the state treasurer shall

credit one-half of the amount of the fine to the account. All money credited to the

account is continuously appropriated to the department of transportation and to the

freight mobility and safety branch created within the transportation development

division of the department of transportation pursuant to section 43-1-117 to pay costs

associated with the provision of educational outreach and public information about

runaway truck events, the purchase and implementation of equipment for the purpose of

reducing the frequency of runaway truck events, and the completion of studies of means

by which the state may reduce the frequency of runaway truck events and improve

overall commercial motor vehicle safety on state highways that pass through the

mountains of the state.

(f)(I) In addition to the surcharge specified in sub-subparagraph (N) of subparagraph (I) of

paragraph (a) of this subsection (4), the court shall assess a surcharge of five dollars for a

violation of section 42-4-1301(2)(d). Moneys collected pursuant to this paragraph (f) must be

transmitted to the state treasurer who shall deposit such moneys in the rural alcohol and

substance abuse cash fund created in section 27-80-117(3), within fourteen days after the end

of each quarter, to be used for the purposes set forth in section 27-80-117.

(II) If the additional surcharge is collected by a county court, the additional surcharge shall

be six dollars of which one dollar shall be retained by the county and the remaining five

dollars shall be transmitted to the state treasurer and credited to the rural alcohol and

substance abuse cash fund created in section 27-80-117 (3), within fourteen days after the

end of each quarter, to be used for the purposes set forth in section 27-80-117.

(III) This paragraph (f) is repealed, effective September 1, 2025, unless the general

assembly extends the repeal of the rural alcohol and substance abuse prevention and

treatment program created in section 27-80-117.

184

(5)(a)(I) At the time that any person is arrested for the commission of any misdemeanors, petty

offenses, or misdemeanor traffic offenses set forth in subsection (4) of this section, the arresting

officer may, except when the provisions of paragraph (c) of this subsection (5) prohibit it, offer to

give a penalty assessment notice to the defendant. At any time that a person is charged with the

commission of any traffic infraction, the peace officer shall, except when the provisions of

paragraph (c) of this subsection (5) prohibit it, give a penalty assessment notice to the defendant.

Such penalty assessment notice shall contain all the information required by section 1707(3) or by

section 1709, whichever is applicable. The fine or penalty specified in subsection (4) of this

section for the violation charged and the surcharge thereon may be paid at the office of the

department of revenue, either in person or by postmarking such payment within twenty days from

the date the penalty assessment notice is served upon the defendant; except that the fine or

penalty charged and the surcharge thereon shall be paid to the county if it relates to a traffic

offense authorized by county ordinance. The department of revenue shall accept late payment of

any penalty assessment up to twenty days after such payment becomes due. Except as otherwise

provided in subparagraph (II) of this paragraph (a), in the case of an offense other than a traffic

infraction, a defendant who otherwise would be eligible to be issued a penalty assessment notice

but who does not furnish satisfactory evidence of identity or who the officer has reasonable and

probable grounds to believe will disregard the summons portion of such notice may be issued a

penalty assessment notice if the defendant consents to be taken by the officer to the nearest

mailbox and to mail the amount of the fine or penalty and surcharge thereon to the department.

The peace officer shall advise the person arrested or cited of the points to be assessed in

accordance with section 42-2-127. Except as otherwise provided in section 1710(1)(b), acceptance

of a penalty assessment notice and payment of the prescribed fine or penalty and surcharge

thereon to the department shall be deemed a complete satisfaction for the violation, and the

defendant shall be given a receipt which so states when such fine or penalty and surcharge

thereon is paid in currency or other form of legal tender. Checks tendered by the defendant to

and accepted by the department and on which payment is received by the department shall be

deemed sufficient receipt.

(II) In the case of an offense other than a traffic infraction that involves a minor under the

age of eighteen years, the officer shall proceed in accordance with the provisions of section

1706(2) or 1707(1)(b) or (3)(a.5). In no case may an officer issue a penalty assessment

notice to a minor under the age of eighteen years and require or offer that the minor

consent to be taken by the officer to the nearest mailbox to mail the amount of the fine or

penalty and surcharge thereon to the department.

(b) In the case of an offense other than a traffic infraction, should the defendant refuse to

accept service of the penalty assessment notice when such notice is tendered, the peace

officer shall proceed in accordance with section 42-4-1705, or 1707 of this Code. Should the

defendant charged with an offense other than a traffic infraction accept service of the penalty

assessment notice but fail to post the prescribed penalty and surcharge thereon within twenty

days thereafter, the notice shall be construed to be a summons and complaint unless payment

for such penalty assessment has been accepted by the department of revenue as evidenced by

receipt. Should the defendant charged with a traffic infraction accept the notice but fail to

post the prescribed penalty and surcharge thereon within twenty days thereafter, and should

the department of revenue not accept payment for such penalty and surcharge as evidenced

by receipt, the defendant shall be allowed to pay such penalty and surcharge thereon and the

185

docket fee in the amount set forth in section 1710(4) to the clerk of the court referred to in

the summons portion of the penalty assessment notice during the two business days prior to

the time for appearance as specified in the notice. If the penalty for a misdemeanor,

misdemeanor traffic offense, or a petty offense and surcharge thereon is not timely paid, the

case shall thereafter be heard in the court of competent jurisdiction prescribed on the penalty

assessment notice in the same manner as is provided by law for prosecutions of the

misdemeanors not specified in subsection (4) of this section. If the penalty for a traffic

infraction and surcharge thereon is not timely paid, the case shall thereafter be heard in the

court of competent jurisdiction prescribed on the penalty assessment notice in the manner

provided for in this article for the prosecution of traffic infractions. In either case, the

maximum penalty that may be imposed shall not exceed the penalty set forth in the

applicable penalty and surcharge schedule in subsection (4) of this section.

(b.5) The provisions of section 1710(1)(b) shall govern any case described in paragraph (b) of

this subsection (5) in which a minor under the age of eighteen years submits timely payment

for an infraction or offense in a penalty assessment notice but such payment is not

accompanied by the penalty assessment notice signed and notarized in the manner required by

section 1707(3)(a.5) or 1709(1.5).

(c)(I) The penalty and surcharge schedules of subsection (4) of this section and the penalty

assessment notice provisions of paragraphs (a) and (b) of this subsection (5) shall not apply to

violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not

specified in said subsection (4) of this section, nor shall they apply to the violations

constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractions

specified in said subsection (4) of this section when it appears that:

(A) (Deleted by amendment, L. 96, p. 580, § 4, effective May 25, 1996.)

(B) In a violation of section 1101(1) or (8)(b), the defendant exceeded the reasonable

and prudent speed or the maximum lawful speed of seventy-five miles per hour by more

than twenty-four miles per hour;

resulting in appreciable damage to property of another or in injury or death to any

person;

(D) The defendant has, in the course of the same transaction, violated one of the

provisions of this title specified in the penalty and surcharge schedules in subsection (4)

of this section and has also violated one or more provisions of this title not so specified,

and the peace officer charges such defendant with two or more violations, any one of

which is not specified in the penalty and surcharge schedules in subsection (4) of this

section.

(II) In all cases where this paragraph (c) prohibits the issuance of a penalty assessment

notice, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of

subsection (4) of this section shall be inapplicable; except that the penalty and surcharge

provided in the schedule contained in sub-subparagraph (B) of subparagraph (I) of paragraph

(a) of subsection (4) of this section for any violation of section 121 shall always apply to

such a violation. In all cases where the penalty and surcharge schedule contained in

186

subparagraph (I) of paragraph (a) of subsection (4) of this section is inapplicable, the

provisions of subsection (3) of this section shall apply.

(d) In addition to any other cases governed by this section, the penalty and surcharge schedule

contained in subparagraph (I) of paragraph (a) of subsection (4) of this section shall apply in

the following cases:

(I) In all cases in which a peace officer was authorized by the provisions of this subsection

(5) to offer a penalty assessment notice for the commission of a misdemeanor, petty

offense, or misdemeanor traffic offense but such peace officer chose not to offer such

penalty assessment notice;

(II) In all cases involving the commission of a misdemeanor, petty offense, or misdemeanor

traffic offense in which a penalty assessment notice was offered by a peace officer but such

penalty assessment notice was refused by the defendant.

(6) An officer coming upon an unattended vehicle that is in apparent violation of any provision of

the state motor vehicle law may place upon the vehicle a penalty assessment notice indicating the

offense or infraction and directing the owner or operator of the vehicle to remit the penalty

assessment provided for by subsection (4) of this section and the surcharges thereon pursuant to

sections 119(1)(f) and 104 to the Colorado department of revenue within ten days. If the penalty

assessment and surcharge thereon is not paid within ten days of the issuance of the notice, the

department shall mail a notice to the registered owner of the vehicle, setting forth the offense or

infraction and the time and place where it occurred and directing the payment of the penalty

assessment and surcharge thereon within twenty days from the issuance of the notice. If the

penalty assessment and surcharge thereon is not paid within the twenty days from the date of

mailing of such notice, the department shall request the police officer who issued the original

penalty assessment notice to file a complaint with a court having jurisdiction and issue and serve

upon the registered owner of the vehicle a summons to appear in court at a time and place

specified therein as in the case of other offenses or infractions.

(7) Notwithstanding the provisions of paragraph (b) of subsection (5) of this section, receipt of

payment by mail by the department or postmarking such payment on or prior to the twentieth day

after the receipt of the penalty assessment notice by the defendant shall be deemed to constitute

receipt on or before the date the payment was due.

(8) The surcharges described in subsections (4) to (6) of this section are separate and distinct from

a surcharge levied pursuant to section 24-33.5-415.6.

1702. Counties - traffic offenses classified - schedule of fines.

(1) Pursuant to sections 30-15-402(1), and 42-4-1701, it is a traffic infraction for any person to

violate parts 1 and 2, and 5 to 19 of this Code except as otherwise provided in subsections (2),

(3),(4), and (5) of this section.

(2) Violation of sections 238, 239, 607(2)(a), 1402(2), and 1409, of this Code are class 1 traffic

misdemeanors

187

(3) Violations of sections 107, 228(8), 233, 507, 508, 509, 510, 1105, 1401, 1402(1), 1407, 1412,

1413, 1704, 1716(2) and 1903(1)(a) of this Code are class 2 traffic misdemeanors.

(4) In section 1101 of this Code a violation of driving one to twenty-four miles per hour in excess

of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-

five miles per hour is a traffic infraction; a violation of driving twenty-five or more miles per hour

in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of

seventy-five miles per hour is a class 2 misdemeanor traffic offense.

(5) Violation of subsection (1.5) of section 225 shall, upon conviction, be punished by a fine of five

hundred dollars.

(6) The County Commissioners may adopt a fine and surcharge schedule for penalty assessment

violations.

1703. Parties to a crime.

Every person who commits, conspires to commit, or aids or abets in the commission of any act

declared in this Code to be a traffic offense, whether individually or in connection with one or

more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such

offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces,

requires, permits, or directs another to violate any provision of this Code is likewise guilty of such

offense or liable for such offense.

1704. Offenses by persons controlling vehicles.

It is unlawful for the owner or any other person employing or otherwise directing the driver of any

vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any

manner contrary to law or this Code.

1705. Person arrested to be taken before the proper court

(1) Whenever a person is arrested for any violation of this article 4 punishable as a misdemeanor,

the arrested person must be taken without unnecessary delay before a county judge who has

jurisdiction of such offense as provided by law, in any of the following cases:

(a) When a person arrested demands an appearance without unnecessary delay before a judge;

(b) When the person is arrested and charged with an offense under this article causing or

contributing to an accident resulting in injury or death to any person;

(d) When the person is arrested upon a charge of failure to stop in the event of an accident

causing death, personal injuries, or damage to property;

(e) In any other event when the provisions of section 42-4-1701 (5)(b) and (5)(c) apply.

(2) Whenever any person is arrested by a police officer for any violation of this article 4

punishable as a misdemeanor and is not required to be taken before a county judge as provided in

188

subsection (1) of this section, the arrested person must, in the discretion of the officer, either be

given a written notice or summons to appear in court as provided in section 42-4-1707 or be taken

without unnecessary delay before a county judge who has jurisdiction of such offense when the

arrested person does not furnish satisfactory evidence of identity or when the officer has

reasonable and probable grounds to believe the person will not appear in court. The court shall

provide a bail bond schedule and available personnel to accept adequate security for such bail

bonds.

(2.5) In any case in which the arrested person who is taken before a county judge pursuant to

subsection (1) or (2) of this section is a child, as defined in section 19-1-103, of section 42-4-

1706(2) applies.

(3) Any other provision of law to the contrary notwithstanding, a police officer may place a person

who has been arrested and charged with DUI, DUI per se, or UDD and who has been given a written

notice or summons to appear in court as provided in section 42-4-1707 in a state-approved

treatment facility for alcohol use disorders even though entry or other record of such arrest and

charge has been made. Placement is governed by article 81 of title 27, except where in conflict

with this section.

1706. Juveniles - convicted - arrested and incarcerated - provisions for confinement.

(1) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, convicted

of a misdemeanor traffic offense pursuant to this article 4, violating the conditions of probation

imposed pursuant to this article 4, or found in contempt of court in connection with a violation or

alleged violation pursuant to this article 4 must not be confined in a jail, lockup, or other place

used for the confinement of adult offenders if the court with jurisdiction is located in a county in

which there is a juvenile detention facility operated by or under contract with the department of

human services that receives and provides care for children or if the jail is located within forty

miles of such facility. The court imposing penalties pursuant to this section may confine a child for

a determinate period of time in a juvenile detention facility operated by or under contract with

the department of human services. If a juvenile detention facility operated by or under contract

with the department of human services is not located within the county or within forty miles of

the jail, a child may be confined for up to forty-eight hours in a jail pursuant to section 19-2.5-

305(4).

(2)(a) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, arrested

and incarcerated for an alleged misdemeanor traffic offense pursuant to this article 4, and not

released on bond, must be taken before a county judge who has jurisdiction of such offense within

forty-eight hours for fixing of bail and conditions of bond pursuant to section 19-2.5-305(4)(e). The

child must not be confined in a jail, lockup, or other place used for the confinement of adult

offenders for longer than seventy-two hours, after which the child may be further detained only in

a juvenile detention facility operated by or under contract with the department of human

services. In calculating time pursuant to this subsection (2), Saturdays, Sundays, and court

holidays are included.

(b) In any case in which a child is taken before a county judge pursuant to paragraph (a) of

this subsection (2), the child's parent or legal guardian shall immediately be notified by the

189

court in which the county judge sits. Any person so notified by the court under this paragraph

(b) shall comply with the provisions of section 42-4-1716(4).

1707. Summons and complaint or penalty assessment notice for misdemeanors, petty

offenses, and misdemeanor traffic offenses--release—registration.

(1)(a) Whenever a person commits a violation of this title punishable as a misdemeanor, petty

offense, or misdemeanor traffic offense, other than a violation for which a penalty assessment

notice may be issued in accordance with the provisions of section 1701(5)(a), and such person is

not required by the provisions of section 42-4-1705, to be arrested and taken without unnecessary

delay before a county judge, the peace officer may issue and serve upon the defendant a

summons and complaint which must contain the name and address of the defendant, the license

number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a

citation of the statute alleged to have been violated, a brief description of the offense, the date

and approximate location thereof, and the date the summons and complaint is served on the

defendant; direct the defendant to appear in a specified county court at a specified time and

place; and be signed by the peace officer. The summons and complaint submitted to the

department of revenue and the county court before which appearance is required, either by paper

or electronic submission, must contain the name and address of the defendant, the license of the

vehicle involved, if any, and the number of the defendant's driver's license, if any.

(b) A summons and complaint issued and served pursuant to paragraph (a) of this subsection

(1) on a minor under the age of eighteen years shall also contain or be accompanied by a

document containing an advisement to the minor that the minor's parent or legal guardian, if

known, shall be notified by the court from which the summons is issued and be required to

appear with the minor at the minor's court hearing or hearings.

(2) If a peace officer issues and serves a summons and complaint to appear in any court upon the

defendant as described in subsection (1) of this section, any defect in form in such summons and

complaint regarding the name and address of the defendant, the license number of the vehicle

involved, if any, the number of the defendant's driver's license, if any, the date and approximate

location thereof, and the date the summons and complaint is served on the defendant may be

cured by amendment at any time prior to trial or any time before verdict or findings upon an oral

motion by the prosecuting attorney after notice to the defendant and an opportunity for a

hearing. No such amendment shall be permitted if substantial rights of the defendant are

prejudiced. No summons and complaint shall be considered defective so as to be cause for

dismissal solely because of a defect in form in such summons and complaint as described in this

subsection (2).

(3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or misdemeanor

traffic offense is issued pursuant to section 42-4-1701(5)(a), the penalty assessment notice that

the peace officer serves upon the defendant must contain the name and address of the defendant,

the license number of the vehicle involved, if any, the number of the defendant's driver's license,

if any, a citation of the statute alleged to have been violated, a brief description of the offense,

the date and approximate location of the offense, the amount of the penalty prescribed for the

offense, the amount of the surcharges pursuant to sections 24-4.1-119(1)(f), 24-4.2-104(1), and

24-33.5-415.6, the number of points, if any, prescribed for the offense pursuant to section 42-2-

190

127, and the date the penalty assessment notice is served on the defendant; must direct the

defendant to appear in a specified county court at a specified time and place in the event the

penalty and surcharges are not paid; must be signed by the peace officer; and must contain other

information as may be required by law to constitute the penalty assessment notice to be a

summons and complaint if the prescribed penalty and surcharges are not paid within the time

allowed in section 42-4-1701.

(a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this

subsection (3) on a minor under the age of eighteen years shall also contain or be

accompanied by a document containing:

(I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed

the contents of the penalty assessment notice with the minor;

(II) Preprinted signature lines following the declaration on which the reviewing person

described in subparagraph (I) of this paragraph (a.5) shall affix his or her signature and for a

notary public to duly acknowledge the reviewing person's signature; and

(III) An advisement to the minor that:

(A) The minor shall, within seventy-two hours after service of the penalty assessment

notice, inform his or her parent or legal guardian that the minor has received a penalty

assessment notice;

(B) The parent or legal guardian of the minor is required by law to review and sign the

penalty assessment notice and to have his or her signature duly acknowledged by a

notary public; and

subparagraph (III) shall result in the minor and the parent or legal guardian of the minor

being required to appear in court pursuant to sections 42-4-1710(1) (b), 42-4-1710(1.5),

and 42-4-1716(4).

(b) One copy of said penalty assessment notice shall be served upon the defendant by the

peace officer and one copy sent to the supervisor within the department and such other copies

sent as may be required by rule of the department to govern the internal administration of

this article between the department and the Colorado state patrol.

(4)(a) The time specified in the summons portion of said summons and complaint must be at least

twenty days after the date such summons and complaint is served, unless the defendant shall

demand an earlier court appearance date.

(b) The time specified in the summons portion of said penalty assessment notice shall be at

least thirty days but not more than ninety days after the date such penalty assessment notice

is served, unless the defendant shall demand an earlier court appearance date.

(5) The place specified in the summons portion of said summons and complaint or of the penalty

assessment notice must be a county court within the county in which the offense is alleged to

have been committed.

191

(6) If the defendant is otherwise eligible to be issued a summons and complaint or a penalty

assessment notice for a violation of this title 42 punishable as a misdemeanor, petty offense, or

misdemeanor traffic offense and if the defendant does not possess a valid Colorado driver's

license, the defendant, in order to secure release, must receive information on the penalty

assessment notice or summons and complaint that directs the defendant to appear at a specified

county court at a specified time and place in the event the penalty and surcharges are not paid,

and other information that may be required by law to constitute the penalty assessment to be a

summons and complaint if the prescribed penalty and surcharges are not paid within the time

allowed in section 42-4-1701. If the defendant does possess a valid Colorado driver's license, the

defendant must not be required to execute a promise to appear on the penalty assessment notice

or on the summons and complaint. The peace officer shall not require any person who is eligible to

be issued a summons and complaint or a penalty assessment notice for a violation of this title 42

to produce or divulge such person's social security number.

(7) Any officer violating any of the provisions of this section is guilty of misconduct in office and

shall be subject to removal from office.

1708. Traffic Infractions – proper court for hearing, burden of proof - appeal –

collateral attack.

(1) Every hearing in county court for the adjudication of a traffic infraction, as provided by this

article, shall be held before a county court magistrate appointed pursuant to part 5 of article 6 of

title 13, or before a county judge acting as a magistrate; except that, whenever a crime and a

class A or class B traffic infraction or a crime and both such class A and class B traffic infractions

are charged in the same summons and complaint, all charges shall be made returnable before a

judge or magistrate having jurisdiction over the crime and the rules of criminal procedure shall

apply. Nothing in this part 17 or in part 5 of article 6 of title 13, shall be construed to prevent a

court having jurisdiction over a criminal charge relating to traffic law violations from lawfully

entering a judgment on a case dealing with a class A or class B traffic infraction.

(2) When a court of competent jurisdiction determines that a person charged with a class 1 or

class 2 misdemeanor traffic offense is guilty of a lesser-included offense which is a class A or class

B traffic infraction, the court may enter a judgment as to such lesser charge.

(3) The burden of proof shall be upon the people, and the traffic magistrate shall enter judgment

in favor of the defendant unless the people prove the liability of the defendant beyond a

reasonable doubt. The district attorney or the district attorney's deputy may, in the district

attorney's discretion, enter traffic infraction cases for the purpose of attempting a negotiated plea

or a stipulation to deferred prosecution or deferred judgment and sentence but shall not be

required to so enter by any person, court, or law, nor shall the district attorney represent the

state at hearings conducted by a magistrate or a county judge acting as a magistrate on class A or

class B traffic infraction matters. The magistrate or county judge acting as a magistrate shall be

permitted to call and question any witness and shall also act as the fact finder at hearings on

traffic infraction matters.

(4) Appeal from final judgment on a traffic infraction matter shall be taken to the district court

for the county in which the magistrate or judge acting as magistrate is located.

192

(5)(a) Except as otherwise provided in paragraph (b) of this subsection (5), no person against

whom a judgment has been entered for a traffic infraction as defined in section 42-4-1701(3)(a)

shall collaterally attack the validity of that judgment unless such attack is commenced within six

months after the date of entry of the judgment.

(b) In recognition of the difficulties attending the litigation of stale claims and the potential

for frustrating various statutory provisions directed at repeat offenders, former offenders, and

habitual offenders, the only exceptions to the time limitations specified in subsection (5)(a) of

this section are:

(I) A case in which the court entering judgment did not have jurisdiction over the subject

matter of the alleged infraction;

(II) A case in which the court entering judgment did not have jurisdiction over the person of

the violator;

(III) Where the court hearing the collateral attack finds by a preponderance of the evidence

that the failure to seek relief within the applicable time period was caused by an

adjudication of incompetence or by commitment or certification of the violator to an

institution for treatment as a person with a mental health disorder; or

(IV) Where the court hearing the collateral attack finds that the failure to seek relief within

the applicable time period was the result of circumstances amounting to justifiable excuse

or excusable neglect.

1709. Penalty assessment notice for traffic offenses - violations of provisions by

officer - driver's license.

(1) Whenever a penalty assessment notice for a traffic infraction is issued pursuant to section 42-

4-1701(5)(a), the penalty assessment notice that the peace officer serves upon the defendant

must contain the name and address of the defendant, the license number of the vehicle involved,

if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to

have been violated, a brief description of the traffic infraction, the date and approximate location

of the offense, the amount of the penalty prescribed for the traffic infraction, the amount of the

surcharges pursuant to sections 24-4.1-119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, the number of

points, if any, prescribed for the traffic infraction pursuant to section 42-2-127, and the date the

penalty assessment notice is served on the defendant; must direct the defendant to appear in a

specified county court at a specified time and place in the event the penalty and surcharges are

not paid; must be signed by the peace officer; and must contain other information as may be

required by law to constitute the penalty assessment notice to be a summons and complaint if the

prescribed penalty and surcharges are not paid within the time allowed in section 42-4-1701.

(1.5) A penalty assessment notice issued and served pursuant to subsection (1) of this section on a

minor under the age of eighteen years shall also contain or be accompanied by a document

containing:

(a) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the

contents of the penalty assessment notice with the minor;

193

(b) Preprinted signature lines following the declaration on which the reviewing person

described in paragraph (a) of this subsection (1.5) shall affix his or her signature and for a

notary public to duly acknowledge the reviewing person's signature; and

(I) The minor shall, within seventy-two hours after service of the penalty assessment notice,

inform his or her parent or legal guardian that the minor has received a penalty assessment

notice;

(II) The parent or legal guardian of the minor is required by this Code to review and sign the

penalty assessment notice and to have his or her signature duly acknowledged by a notary

public; and

(III) Noncompliance with the requirement set forth in subparagraph (II) of this paragraph (c)

shall result in the minor and the parent or legal guardian of the minor being required to

appear in court pursuant to sections 1710 (1)(b), 1710 (1.5), and 1716 (4).

(2) One copy of said penalty assessment notice shall be served upon the defendant by the peace

officer and one copy sent to the clerk of the court and such other copies sent as may be required

by ordinance or the court.

(3) The time specified in the summons portion of said penalty assessment notice must be at least

thirty days but not more than ninety days after the date such penalty assessment notice is served,

unless the defendant shall demand an earlier hearing.

(4) The place specified in the summons portion of said penalty assessment notice must be a court

within the county in which the traffic infraction is alleged to have been committed.

(5) Whenever the defendant refuses to accept service of the penalty assessment notice, tender of

such notice by the peace officer to the defendant shall constitute service thereof upon the

defendant.

(6) Any officer violating any of the provisions of this section is guilty of misconduct in office and

shall be subject to removal from office.

(7)(a) A person is not allowed or permitted to obtain or renew a permanent driver's, minor

driver's, or probationary license if such person has, at the time of making application for obtaining

or renewing such driver's license:

(VI) Issued a check or order to the department to pay a penalty assessment, a driver’s

license fee, a license reinstatement fee, or a motor vehicle record fee an such check or

order is returned for insufficient funds or a closed account and remains unpaid. For the

purposes of this subsection (7), the term “insufficient funds” means having an insufficient

balance on account with a bank or other drawee for the payment of a check or order when

the check or order is presented for payment within thirty days after issue.

194

1710. Failure to pay penalty for traffic offenses - failure of parent or guardian to sign

penalty assessment notice - procedures.

(1)(a) Unless a person who has been cited for a traffic infraction pays the penalty assessment as

provided in this Code and surcharge thereon pursuant to section 24-4.2-104 (1), the person shall

appear at a hearing on the date and time specified in the citation and answer the complaint

against such person.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a minor under the

age of eighteen years shall be required to appear at a hearing on the date and time specified

in the citation and answer the complaint if the penalty assessment was timely paid but not

signed and notarized in the manner required by section 1709(1.5).

(1.5) If a minor under the age of eighteen years is required to appear at a hearing pursuant to

subsection (1) of this section, the minor shall so inform his or her parent or legal guardian, and the

parent or legal guardian shall also be required to appear at the hearing.

(2) If the violator answers that he or she is guilty or if the violator fails to appear for the hearing,

judgment shall be entered against the violator.

(3) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be

held subject to the provisions regarding a speedy trial which are contained in section 18-1-405. If

the violator is found guilty or liable at such final hearing or if the violator fails to appear for a

final hearing, judgment shall be entered against the violator.

(4) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty

and surcharge thereon, a docket fee, and other applicable costs authorized by ordinance or the

court. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed

pursuant to this Code.

1711. Compliance with promise to appear.

A defendant may comply with a requirement to appear in court through an appearance by counsel.

1712. Procedure prescribed not exclusive.

The foregoing provisions of this Code shall govern all police officers in making arrests without a

warrant or issuing citations for violations of this Code, for offenses or infractions committed in

their presence, but the procedure prescribed in this Code shall not otherwise be exclusive of any

other method prescribed by law or ordinance for the arrest and prosecution of a person for an

offense or infraction of like grade.

1713. Conviction record inadmissible in civil action.

Except as provided in sections 42-2-201 to 42-2-208, no record of the conviction of any person for

any violation of this Code shall be admissible as evidence in any court in any civil action.

195

1714. Traffic violation not to affect credibility of witness.

The conviction of a person upon a charge of violating any provision of this Code or other traffic

regulation less than a felony shall not affect or impair the credibility of such person as a witness in

any civil or criminal proceeding.

1715. Convictions, judgments, and charges recorded - public inspection.

(1) Every judge of a court not of record and every clerk of a court of record shall keep a full

record of every case in which a person is charged with any violation of this Code or any other law

regulating the operation of vehicles on highways.

(2) Within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person

upon a charge of violating any provision of this Code or other law regulating the operation of

vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made

or the conviction was had or bail was forfeited shall prepare and immediately forward to the

motor vehicle division of the department of revenue an abstract of the record of said court

covering every case in which said person had a judgment entered against him or her, was so

convicted, or forfeited bail, which abstract must be certified by the person so required to prepare

the same to be true and correct.

(3) Said abstract must be made upon a form furnished by the department of revenue and shall

include the name, address, and driver's license number of the party charged, the registration

number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the

judgment or whether bail forfeited, and the amount of the fine or forfeiture as the case may be.

1716. Notice to appear or pay fine - failure to appear - penalty.

(1) For the purposes of this part 17, tender by an arresting officer of the summons or penalty

assessment notice shall constitute notice to the violator to appear in court at the time specified

on such summons or to pay the required fine and surcharge thereon.

(2) A person commits a traffic offense if the person fails to appear to answer any offense other

than a traffic infraction charged under this part 17.

(3) Deleted.

(4)(a)(I) Except as otherwise provided in subparagraph (II) of this paragraph (a), a person who is a

parent or legal guardian of a minor under the age of eighteen years and who is required to appear

in court with the minor pursuant to the provisions of this part 17 including but not limited to

section 1706(2)(b) or 1710(1.5), shall appear in court at the location and on the date stated in the

penalty assessment notice or in the summons and complaint or as instructed by the court.

(II) The provisions of subparagraph (I) of this paragraph (a) concerning the appearance of a

parent or legal guardian shall not apply in a case where the minor under the age of eighteen

years or the parent of the minor demonstrates to the court by clear and convincing evidence

that the minor is an emancipated minor.

196

(III) For purposes of this subsection (4), "emancipated minor" means a minor under the age

of eighteen years who has no legal guardian and whose parents have entirely surrendered

the right to the care, custody, and earnings of the minor, no longer are under any duty to

support or maintain the minor, and have made no provision for the support of the minor.

1717. Conviction - attendance at driver improvement school.

(1) Except as otherwise provided in subsection (2) of this section, whenever a person has been

convicted of violating any provision of this Code or other law regulating the operation of vehicles

on streets or highways, the court, in addition to the penalty provided for the violation or as a

condition of either the probation or the suspension of all or any portion of any fine or sentence of

imprisonment for a violation other than a traffic infraction, may require the defendant, at the

defendant's own expense, if any, to attend and satisfactorily complete a course of instruction at

any designated driver improvement school located and operating in the county of the defendant's

residence and providing instruction in the traffic laws of this state, instruction in recognition of

hazardous traffic situations, and instruction in traffic accident prevention. Such school shall be

approved by the court.

(2) Whenever a minor under eighteen years of age has been convicted of violating any provision of

this Code or other law regulating the operation of vehicles on streets or highways, the court may

require the minor to attend and satisfactorily complete a course of instruction at any designated

driver improvement school providing instruction in the traffic laws of this state, instruction in

recognition of hazardous traffic situations, and instruction in traffic accident prevention. The

court may impose the driver improvement school requirement in addition to the penalty provided

for the violation or as a condition of either the probation or the suspension of all or any portion of

any fine or sentence of imprisonment for the violation. The minor, or the minor's parent or parents

who appear in court with the minor in accordance with section 1716 (4), of this Code, shall pay

the cost of attending the designated driver improvement school. The court shall make available

information on scholarships and other financial assistance available to help minors or their parents

offset the costs of driver improvement school. Such school shall be approved by the court.

1718. Electronic transmission of data—standards.

A municipal court, county court, district court, or any court with jurisdiction over violations of

traffic rules and laws shall not dismiss any charges or refuse to enforce any traffic law or rule

solely because a penalty assessment notice or summons and complaint issued pursuant to the

standards established in this section is in electronic form or contains an electronic signature.

1719. Violations--commercial driver's license--compliance with federal regulation.

As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a

commercial motor vehicle as defined in section 42-2-402, a court shall not defer imposition of

judgment or allow a person to enter into a diversion program that would prevent a driver's

conviction for any violation, in any type of motor vehicle, of a traffic control law from appearing

on the driver's record.

197

Part 18

Vehicles Abandoned On Public Property

1801. Legislative declaration.

This jurisdiction hereby declares that the purpose of this part 18 is to provide procedures for the

removal, storage, and disposal of motor vehicles that are abandoned on public property.

1802. Definitions. As used in this part 18, unless the context otherwise requires:

(1) “Abandoned motor vehicle” means:

(a) Any motor vehicle left unattended on public property, including any portion of a highway

right-of-way, outside the limits of any incorporated town or city for a period of forty-eight

hours or longer;

(b) Any motor vehicle left unattended on public property, including any portion of a highway

right-of-way, within the limits of any incorporated town or city for a period longer than any

limit prescribed by any local ordinance concerning the abandonment of motor vehicles or, if

there is no such ordinance, for a period of forty-eight hours or longer;

and not removed from the impound lot within seventy-two hours after the time the law

enforcement agency notifies the owner or agent that the vehicle is available for release upon

payment of any applicable charges or fees;

(d) A motor vehicle fitted with an immobilization device that is on public property and

deemed to be abandoned pursuant to section 1105(7)(c); or

(e) Any motor vehicle left unattended at a regional transportation district parking facility, as

defined in section 32-9-119.9(6), that is deemed to be abandoned pursuant to section 32-9-

119.9(4)(b).

(2) “Agency employee” means any employee of the department of transportation or other

municipal, county, or city and county agency responsible for highway safety and maintenance.

(3) (Deleted by amendment, L. 2009, (HB09- 1279), ch. 170, p. 763, § 1, effective August 5, 2009.)

(4) “Appraisal” means a bona fide estimate of reasonable market value made by any motor vehicle

dealer licensed in this state or by any employee of the Colorado state patrol or of any sheriff’s or

police department whose appointment for such purpose has been reported by the head of the

appointing agency to the executive director of the department.

(5) “Disabled motor vehicle” means any motor vehicle that is stopped or parked, either attended

or unattended, upon a public right-of-way and that is, due to any mechanical failure or any

inoperability because of a collision, a fire, or any other such injury, temporarily inoperable under

its own power.

198

(6) “Impound lot” means a parcel of real property that is owned or leased by a government or

operator at which motor vehicles are stored under appropriate protection.

(7) “Operator” means a person or a firm licensed by the public utilities commission as a towing

carrier.

(8) “Public property” means any real property having its title, ownership, use, or possession held

by the federal government; this state; or any county, municipality, as defined in section 31-1-

101(6), or other governmental entity of this state.

(9) “Responsible law enforcement agency” means the law enforcement agency authorizing the

original tow of an abandoned motor vehicle, whether or not the vehicle is towed to another law

enforcement agency’s jurisdiction.

1803. Abandonment of motor vehicles - public property.

(1)(a) No person shall abandon any motor vehicle upon public property. Any sheriff, undersheriff,

deputy sheriff, police officer, marshal, Colorado state patrol officer, or agent of the Colorado

bureau of investigation who finds a motor vehicle that such officer has reasonable grounds to

believe has been abandoned shall require such motor vehicle to be removed or cause the same to

be removed and placed in storage in any impound lot designated or maintained by the law

enforcement agency employing such officer.

(b) If an operator is used by the responsible law enforcement agency to tow or impound the

motor vehicle pursuant to paragraph (a) of this subsection (1), the operator shall be provided

with written authorization to possess the motor vehicle on a document that includes, without

limitation, the year, make, model, vehicle identification number, and storage location.

(2) Whenever any sheriff, undersheriff, deputy sheriff, police officer, marshal, Colorado state

patrol officer, agent of the Colorado bureau of investigation, or agency employee finds a motor

vehicle, vehicle, cargo, or debris, attended or unattended, standing upon any portion of a highway

right-of-way in such a manner as to constitute an obstruction to traffic or proper highway

maintenance, such officer or agency employee is authorized to cause the motor vehicle, vehicle,

cargo, or debris to be moved to eliminate any such obstruction; and neither the officer, the

agency employee, nor anyone acting under the direction of such officer or employee shall be

liable for any damage to such motor vehicle, vehicle, cargo, or debris occasioned by such removal.

The removal process is intended to clear the obstruction, but such activity should create as little

damage as possible to the vehicle, or cargo, or both. No agency employee shall cause any motor

vehicle to be moved unless such employee has obtained approval from a local law enforcement

agency of a municipality, county, or city and county, the Colorado bureau of investigation, or the

Colorado state patrol.

(3) The operator shall be responsible for removing the motor vehicle and the motor vehicle debris

from the site pursuant to this section, but shall not be required to remove or clean up any

hazardous or commercial cargo the motor vehicle carried. The commercial carrier shall be

responsible for removal or clean-up of the hazardous or commercial cargo.

199

1804. Report of abandoned motor vehicles - owner’s opportunity to request hearing.

(1)(a) Upon having an abandoned motor vehicle towed, the responsible law enforcement agency

shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and, if so

reported, such agency shall recover and secure the motor vehicle and notify its rightful owner and

terminate the abandonment proceedings under this part 18. The responsible law enforcement

agency and the towing carrier shall have the right to recover from the owner their reasonable

costs and fees for recovering and securing the motor vehicle. Nothing in this section shall be

construed to authorize fees for services that were not provided or that were provided by another

person or entity.

(b) As soon as possible, but in no event later than ten working days after having an abandoned

motor vehicle towed, the responsible law enforcement agency shall report the same to the

department by first-class or certified mail, by personal delivery, or by internet

communication. The report shall be on a form prescribed and supplied by the department.

(I) The fact of possession, including the date possession was taken, the location of storage

of the abandoned motor vehicle and the location from which it was towed, the identity of

the responsible law enforcement agency, and the business address, telephone number, and

name and signature of a representative from the responsible law enforcement agency;

(II) If applicable, the identity of the operator possessing the abandoned motor vehicle,

together with the operator’s business address and telephone number and the carrier

number assigned by the public utilities commission; and

(III) A description of the abandoned motor vehicle, including the make, model, color, and

year, the number, issuing state, and expiration date of the license plate, and the vehicle

identification number.

(2) Upon its receipt of a report made under subsection (1) or (6) of this section, the department

shall search its records to ascertain the last-known owner of record for the abandoned motor

vehicle and any lienholder as those persons are represented in department records. In the event

the vehicle is determined by the department not to be registered in the state of Colorado, the

report required by this section shall state that no Colorado title record exists regarding the

vehicle. Within ten working days after such receipt, the department shall complete its search and

shall transmit such report, together with all relevant information, to the responsible law

enforcement agency.

(3) The responsible law enforcement agency, upon its receipt of the report required under

subsection (2) of this section, shall determine, from all available information and after reasonable

inquiry, whether the abandoned motor vehicle has been reported stolen, and, if so reported, such

agency shall recover and secure the motor vehicle and notify its rightful owner and terminate the

abandonment proceedings under this part 18. The responsible law enforcement agency and the

operator shall have the right to recover from the owner their reasonable costs to recover and

secure the motor vehicle.

200

(4)(a) If the responsible law enforcement agency, does not use an operator to store the motor

vehicle, the responsible law enforcement agency, within ten working days after the receipt of the

report from the department within ten working days after the receipt of the report from the

department required in subsection (2) of this section, shall notify by certified mail the owner of

record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim

of any lien under section 1806 and shall send a copy of such notice to the operator. The notice

shall contain information that the identified motor vehicle has been reported abandoned to the

department, the location of the motor vehicle and the location from which it was towed, and

that, unless claimed within thirty calendar days after the date the notice was sent as determined

from the postmark on the notice, the motor vehicle is subject to sale.

(b) If the responsible law enforcement agency uses an operator to store the motor vehicle, the

responsible law enforcement agency within ten working days after the receipt of the report

from the department required in subsection (2) of this section, shall notify by first class mail

the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of the

report and the claim of any lien under section 1806. The notice shall contain information that

the identified motor vehicle has been reported abandoned to the department, the location of

the motor vehicle and the location from where it was towed, and that from the postmark on

the notice, the motor vehicle is subject to sale.

either paragraph (a) or (b) of this subsection (4), a statement informing the owner of record of

the opportunity to request a hearing concerning the legality of the towing of the abandoned

motor vehicle, and the responsible law enforcement agency to contact for that purpose.

(d) If an owner or lienholder requests a hearing, the owner or lienholder shall make the

request in writing to the responsible law enforcement agency within ten days after the notice

was sent, as determined by the postmark. Such hearing, if requested, shall be conducted

pursuant to the provisions of section 24-4-105, if the responsible law enforcement agency is

the Colorado state patrol. If a local political subdivision is the responsible law enforcement

agency, such hearing shall be conducted pursuant to local hearing procedures. If it is

determined at the hearing that the motor vehicle was illegally towed upon request from a law

enforcement agency, all towing charges and storage fees assessed against the vehicle shall be

paid by such law enforcement agency.

(5) The department shall maintain department-approved notice forms satisfying the requirements

of subsection (4) of this section and shall make them available for use by local law enforcement

agencies.

(6)(a)(I) Except as provided in subparagraph (II) of this paragraph (a), an operator or its agent

shall, no less than two days, but no more than ten days after a motor vehicle has been towed,

determine who the owner is and if there is a lienholder and send a notice by certified mail, return

receipt requested, to the last address of the owner, and any lienholder, as determined from the

records of the department or from a national search performed by the department

(II) If the department conducts a national title search in accordance with paragraph (b) of

subsection (2) of this section, each day elapsing between the department being notified and

the department returning information on the motor vehicle as a result of the search does

201

not count against the tow operator’s ten-day deadline to contact the motor vehicle’s owner

or any lienholder. This subparagraph (II) does not affect daily storage fees.

(III) The cost of complying with this paragraph (a) is a cost of towing; except that the total

of all costs of complying with this section shall not exceed one hundred fifty dollars. To

comply with this subsection (6), the notice to the owner and lienholder must be sent within

five days after the operator receives the information from the department and must contain

the following information:

(A) The fact of possession, including the date possession was taken, the location of

storage of the motor vehicle, and the location from which it was towed;

(B) The identity of the operator possessing the abandoned motor vehicle, together with

the operator’s business address and telephone number and the carrier number assigned

by the public utilities commission; and

the number, issuing state, and expiration date of the license plate, or any other indicia

of the motor vehicle’s state of origin.

(b) The operator shall not be entitled to recover any daily storage fees from the day the

vehicle is towed until the day the owner and lienholder are notified, unless the operator

reasonably attempts to notify the owner and lienholder by the date specified in paragraph (a)

of this subsection (6). Sending a notice by certified mail, return receipt requested, to the

owner and the lienholder as represented in department records shall be deemed a reasonable

attempt to notify the owner and the lienholder. Failure to notify the owner and the lienholder

due to the receipt of erroneous information from the department or a failure of the law

enforcement agency to comply with this section shall not cause the loss of such storage fees

accrued from the date the vehicle is towed until the owner and the lienholder receive such

notice.

1805. Appraisal of abandoned motor vehicles - sale.

(1)(a) Abandoned motor vehicles or motor vehicles abandoned in an impound lot subsequent to a

tow from public property shall be appraised by a law enforcement officer or an independent motor

vehicle dealer and sold by the responsible law enforcement agency at a public or private sale held

not less than thirty days nor more than sixty days after the date the notice required by section 42-

4-1804(4), was mailed.

(b) Subject to section 1804, the operator may continue to charge for daily storage fees until

the responsible law enforcement agency complies with this section.

(2) If the appraised value of an abandoned motor vehicle sold pursuant to this section is three

hundred fifty dollars or less, the sale shall be made only for the purpose of junking, scrapping, or

dismantling such motor vehicle, and the purchaser thereof shall not, under any circumstances, be

entitled to a Colorado certificate of title. The responsible law enforcement agency making the

sale shall cause to be executed and delivered a bill of sale, together with a copy of the report

described in section 1804(2), to the person purchasing such motor vehicle. The bill of sale shall

state that the purchaser acquires no right to a certificate of title for such vehicle. The responsible

202

law enforcement agency making the sale shall promptly submit a report of sale, with a copy of the

bill of sale, to the department and shall deliver a copy of such report of sale to the purchaser of

the motor vehicle. Upon receipt of any report of sale with supporting documents on any sale made

pursuant to this subsection (2), the department shall purge the records for such vehicle as

provided in section 42-4-1810(1)(b), and shall not issue a new certificate of title for such vehicle.

Any certificate of title issued in violation of this subsection (2) shall be void.

(3) If the appraised value of an abandoned motor vehicle sold pursuant to this section is more than

three hundred fifty dollars, the sale may be made for any intended use by the purchaser. The

responsible law enforcement agency making the sale shall cause to be executed and delivered a

bill of sale, together with a copy of the report described in section 1804 (2), and an application

for a Colorado certificate of title signed by a legally authorized representative of the responsible

law enforcement agency conducting the sale, to the person purchasing such motor vehicle. The

purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon

application and proof of compliance with the applicable provisions of the “Certificate of Title

Act”, part 1 of Code 6 of this title, within fourteen days after the sale; except that, if such vehicle

is less than five years old, including the current year model, and if the department does not

provide the name of an owner of record to the law enforcement agency, the purchaser shall apply

for a bonded title and the department shall issue such bonded title upon the applicant meeting

the qualifications for such title pursuant to rules promulgated by the department.

(4)(a) Transferring the title of a motor vehicle to an operator to satisfy a debt created pursuant to

this part 18 shall not be deemed to be the sale of a motor vehicle.

(b) Nothing in this section requires an operator to be licensed pursuant to Part 1 of article 6 of

title 12, for purposes of conducting activities under this part 18.

1806. Liens upon towed motor vehicles.

(1) Whenever an operator who is registered with the department in accordance with subsection (2)

of this section recovers, removes, or stores a motor vehicle upon instructions from any duly

authorized law enforcement agency or peace officer who has determined that such motor vehicle

is an abandoned motor vehicle, such operator shall have a possessory lien, subject to the

provisions of section 1804 (6), upon such motor vehicle and its attached accessories or equipment

for all fees for recovering, towing, and storage as authorized in section 1809 (2) (a). Such lien

shall be a first and prior lien on the motor vehicle, and such lien shall be satisfied before all other

charges against such motor vehicle.

(2)(a) No operator shall have a possessory lien upon a motor vehicle described in subsection (1) of

this section unless said operator is registered with the department. Such registration shall include

the following information:

(I) The location of the operator’s tow business;

(II) The hours of operation of the operator’s tow business;

(III) The location of the impound lot where vehicles may be claimed by the owner of record;

and

203

(IV) Any information relating to a violation of any provision contained in this part 18 or of

any other state law or rule relating to the operation, theft, or transfer of motor vehicles.

(b) The executive director of the department may cancel the registration of any operator if an

administrative law judge finds, after affording the operator due notice and an opportunity to

be heard, that the operator has violated any of the provisions set forth in this part 18.

1807. Perfection of lien.

The lien provided for in section 1806 shall be perfected by taking physical possession of the motor

vehicle and its attached accessories or equipment and by sending to the department within ten

working days after the time possession was taken a notice containing the information required in

the report to be made under the provisions of section 1804. In addition, such report shall contain a

declaration by the operator that a possessory lien is claimed for all past, present, and future

charges, up to the date of redemption, and that the lien is enforceable and may be foreclosed

pursuant to the provisions of this part 18.

1808. Foreclosure of lien.

Any motor vehicle and its attached accessories and equipment or personal property within or

attached to such vehicle that are not redeemed by the last known owner of record or lienholder

after such owner or lienholder has been sent notice of such lien by the operator or responsible law

enforcement agency shall be sold in accordance with the provisions of section 1805.

1809. Proceeds of sale.

(1) If the sale of any motor vehicle, personal property, and its attached accessories or equipment

under the provisions of section 42-4-1805, produces an amount less than or equal to the sum of all

charges of the operator who has perfected his or her lien, then the operator shall have a valid

claim against the owner for the full amount of such charges, less the amount received upon the

sale of such motor vehicle. Failure to register such vehicle in accordance with this title shall

constitute a waiver of such owner’s right to be notified pursuant to this part 18 for the purposes of

foreclosure of the lien pursuant to section 1808. Such charges shall be assessed in the manner

provided for in paragraph (a) of subsection (2) of this section.

(2) If the sale of any motor vehicle and its attached accessories or equipment under the provisions

of section 1805 produces an amount greater than the sum of all charges of the operator who has

perfected his or her lien:

(a) The entity receiving the proceeds shall first satisfy the operator’s reasonable fee arising

from the sale of the motor vehicle and the cost and fees of towing and storing the abandoned

motor vehicle, subject to a maximum charge specified in rules promulgated by the public

utilities commission that govern nonconsensual tows by towing carriers.

(b) Any balance remaining after payment pursuant to paragraph (a) of this subsection (2) shall

be paid to the responsible law enforcement agency to satisfy the cost of mailing notices,

having an appraisal made, advertising and selling the motor vehicle, and any other costs of the

responsible law enforcement agency including administrative costs, taxes, fines, and penalties

due.

204

(b.5) In the case of the sale of an abandoned motor vehicle described in section 42-4-

1802(1)(d), any balance remaining after payment pursuant to paragraph (b) of this subsection

(2) shall be paid to the law enforcement agency that is owed a fee for the court-ordered

placement of an immobilization device on the motor vehicle pursuant to section 1105.

subsection (2) shall be forwarded to the department, and the department may recover from

such balance any taxes, fees, and penalties due and payable to it with respect to such motor

vehicle.

(d) Any balance remaining after payment pursuant to paragraph (c) of this subsection (2) shall

be paid by the department: First, to any lienholder of record as the lienholder’s interest may

appear upon the records of the department; second, to any owner of record as the owner’s

interest may so appear; and then to any person submitting proof of such person’s interest in

such motor vehicle upon the application of such lienholder, owner, or person. If such

payments are not requested and made within one hundred twenty days after the sale of the

abandoned motor vehicle, the balance shall be transmitted to the state treasurer, who shall

credit the same to the highway users tax fund for allocation and expenditure as specified in

section 43-4-205(5.5)(e).

(3) The provisions of paragraphs (a) and (b) of subsection (2) of this section shall not apply to a

responsible law enforcement agency operating under a towing contract.

1810. Transfer and purge of certificates of title.

(1) Whenever any motor vehicle is abandoned and removed and sold in accordance with the

procedures set forth in this part 18, the department shall transfer the certificate of title or issue a

new certificate of title or shall purge such certificate of title in either of the following cases:

(a) Upon a person’s submission to the department of the necessary documents indicating the

abandonment, removal, and subsequent sale or transfer of a motor vehicle, the department

shall transfer the certificate of title or issue a new certificate of title for such abandoned

motor vehicle.

(b) Upon a person’s submission of documents indicating the abandonment, removal, and

subsequent wrecking or dismantling of a motor vehicle, including all sales of abandoned motor

vehicles with an appraised value under three hundred fifty dollars that are conducted pursuant

to section 1805(2), the department shall keep the records for one year and then purge the

records for such abandoned motor vehicle; except that the department shall not be required

to wait before purging the records if the purchaser is a licensed motor vehicle dealer.

1811. Penalty.

Unless otherwise specified in this part 18, any person who knowingly violates any of the provisions

of this part 18 commits a petty offense and shall be punished as provided in section 18-1.3-503.

205

1812. Exemptions.

(1) Nothing in this part 18 shall be construed to include or apply to the driver of any disabled

motor vehicle who temporarily leaves such vehicle on the paved or improved and main-traveled

portion of a highway, subject, when applicable, to the emergency lighting requirements set forth

in section 230.

(2) Nothing in this part 18 shall be construed to include or apply to authorized emergency motor

vehicles while such vehicles are actually and directly engaged in, coming from, or going to an

emergency.

1813. Local regulations.

(1) The state or any county, municipality as defined in section 31-1-101(6), or other governmental

entity of the state may execute a contract or contracts for the removal, storage, or disposal of

abandoned motor vehicles within the area of its authority to effectuate the provisions of this part

18.

(2) The provisions of this part 18 may be superseded by ordinance or resolution of a municipality,

as defined in section 31-1-101, or any county that sets forth procedures for the removal, storage,

and disposal of abandoned or illegally parked motor vehicles on public property; except that such

ordinance or resolution shall not deprive an operator of a lien attached and perfected under this

part 18.

1814. Violation of motor vehicle registration or inspection laws - separate statutory

provision.

Owners of motor vehicles impounded by the Colorado state patrol for violation of motor vehicle

registration or inspection laws shall receive notice and the opportunity for a hearing pursuant to

the provisions of section 42-13-106. If such a motor vehicle is found to be abandoned in

accordance with the provisions of said section 42-13-106, the notice and hearing provisions to

owners of motor vehicles under other sections of this part 18 shall be deemed to have been met

for purposes of proper disposition of the motor vehicle under the terms of this part 18.

Nevertheless, the notice and hearing provisions of the other sections of this part 18 as to

lienholders are applicable and shall not be deemed to have been met by the provisions of section

42-13-106, or this section.

206

Part 19

School Bus Requirements

1901. School buses - equipped with supplementary brake retarders.

(1)(a) On and after July 1, 1991, except as provided in paragraph (a) of subsection (2) of this

section, passengers of any school bus being used on mountainous terrain by any school district of

the state shall not occupy the front row of seats and any seats located next to the emergency

doors of such school bus during the period of such use.

(b) For purposes of this section, mountainous terrain shall include, but shall not be limited to,

any road or street which the department of transportation has designated as being located on

mountainous terrain.

(2)(a) The provisions of paragraph (a) of subsection (1) of this section shall not apply to:

(I) Passengers of any school bus which is equipped with retarders of appropriate capacity for

purposes of supplementing any service brake systems of such school bus; or

(II) Any passenger who is adequately restrained in a fixed position pursuant to federal and

state standards.

(b) The general assembly encourages school districts to consider installing only

electromagnetic retarders or state-of-the-art retarders for purposes of supplementing service

brake systems of school buses when such retarders are acquired on or after April 17, 1991. The

general assembly also encourages school districts to consider purchasing only those new school

buses which are equipped with external public address systems and retarders of appropriate

capacity for purposes of supplementing any service brake systems of such school buses.

(3) For purposes of this section and section 1902:

(a) “Mountainous terrain” means that condition where longitudinal and transverse changes in

the elevation of the ground with respect to a road or street are abrupt and where benching

and sidehill excavation are frequently required to obtain acceptable horizontal and vertical

alignment.

(b) Repealed

1902. School vehicle drivers - special training required.

On and after July 1, 1992, the driver of any school vehicle as defined in section 42-1-102(88.5),

owned or operated by or for any school district in this state shall have successfully completed

training, approved by the department of education, concerning driving on mountainous terrain, as

defined in section 1901(3)(a), and driving in adverse weather conditions.

1903. School buses - stops - signs - passing.

(1)(a) The driver of a motor vehicle upon any highway, road, or street, upon meeting or overtaking

from either direction any school bus that has stopped, shall stop the vehicle at least twenty feet

207

before reaching the school bus if visual signal lights as specified in subsection (2) of this section

have been actuated on the school bus. The driver shall not proceed until the visual signal lights

are no longer being actuated. The driver of a motor vehicle shall stop when a school bus that is

not required to be equipped with visual signal lights by subsection (2) of this section stops to

receive or discharge schoolchildren.

(b)(I) A driver of any school bus who observes a violation of paragraph (a) of this subsection (1)

shall notify the driver’s school district transportation dispatcher. The school bus driver shall

provide the school district transportation dispatcher with the color, basic description, and

license plate number of the vehicle involved in the violation, information pertaining to the

identity of the alleged violator, and the time and the approximate location at which the

violation occurred. Any school district transportation dispatcher who has received information

by a school bus driver concerning a violation of paragraph (a) of this subsection (1) shall

provide such information to the appropriate law enforcement agency or agencies.

(II) A law enforcement agency may issue a citation on the basis of the information supplied

to it pursuant to subparagraph (I) of this paragraph (b) to the driver of the vehicle involved

in the violation.

(2)(a) Every school bus as defined in section 42-1-102(88), other than a small passenger-type

vehicle having a seating capacity of not more than fifteen, used for the transportation of

schoolchildren shall:

(I) Bear upon the front and rear of such school bus plainly visible and legible signs

containing the words “SCHOOL BUS” in letters not less than eight inches in height; and

(II) Display eight visual signal lights meeting the requirements of 49 CFR 571.108 or its

successor regulation.

(b)(I) The red visual signal lights shall be actuated by the driver of the school bus whenever

the school bus is stopped for the purpose of receiving or discharging schoolchildren, is stopped

because it is behind another school bus that is receiving or discharging passengers, or, except

as provided in subsection (4) of this section, is stopped because it has met a school bus

traveling in a different direction that is receiving or discharging passengers and at no other

time; but such lights need not be actuated when a school bus is stopped at locations where

the local traffic regulatory authority has by prior written designation declared such actuation

unnecessary.

(II) A school bus shall be exempt from the provisions of subparagraph (I) of this paragraph

(b) when stopped for the purpose of discharging or loading passengers who require the

assistance of a lift device only when no passenger is required to cross the roadway. Such

buses shall stop as far to the right off the roadway as possible to reduce obstruction to

traffic.

the point where the bus is to be stopped for the purpose of receiving or discharging

schoolchildren, and the red lights shall be actuated only at the time the bus is actually

stopped.

208

(3) Every school bus used for the transportation of schoolchildren, except those small passenger-

type vehicles described in subsection (1) of this section, shall be equipped with school bus

pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation.

(4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or

passing a school bus which is on a different roadway. For the purposes of this section, “highway

with separate roadways” means a highway that is divided into two or more roadways by a

depressed, raised, or painted median or other intervening space serving as a clearly indicated

dividing section or island.

(5) Every school bus shall stop as far to the right of the roadway as possible before discharging or

loading passengers; except that the school bus may block the lane of traffic when a passenger

being received or discharged is required to cross the roadway. When possible, a school bus shall

not stop where the visibility is obscured for a distance of two hundred feet either way from the

bus. The driver of a school bus that has stopped shall allow time for any vehicles that have

stopped behind the school bus to pass the school bus, if such passing is legally permissible where

the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or

actuated and after all children who have embarked or disembarked from the bus are safe from

traffic.

(6)(a) Except as provided in paragraph (b) of this subsection (6), any person who violates any

provision of paragraph (a) of subsection (1) of this section commits a class 2 misdemeanor traffic

offense.

(b) Any person who violates the provisions of paragraph (a) of subsection (1) of this section

commits a class 1 misdemeanor traffic offense if such person has been convicted within the

previous five years of a violation of paragraph (a) of subsection (1) of this section.

(7) The provisions of this section shall not apply in the case of public transportation programs for

pupil transportation under section 22-51-104(1)(c).

1904. Regulations for school buses - regulations on discharge of passengers - penalty -

exception.

(1) The state board of education, by and with the advice of the executive director of the

department, shall adopt and enforce regulations not inconsistent with this Code to govern the

operation of all school buses used for the transportation of schoolchildren and to govern the

discharge of passengers from such school buses. Such regulations shall prohibit the driver of any

school bus used for the transportation of schoolchildren from discharging any passenger from the

school bus which will result in the passenger’s immediately crossing a major thoroughfare, except

for two-lane highways when such crossing can be done in a safe manner, as determined by the

local school board in consultation with the local traffic regulatory authority, and shall prohibit the

discharging or loading of passengers from the school bus onto the side of any major thoroughfare

whenever access to the destination of the passenger is possible by the use of a road or street

which is adjacent to the major thoroughfare. For the purposes of this section, a “major

thoroughfare” means a freeway, any U.S. highway outside any incorporated limit, interstate

highway, or highway with four or more lanes, or a highway or road with a median separating

209

multiple lanes of traffic. Every person operating a school bus or responsible for or in control of the

operation of school buses shall be subject to said regulations.

(2) Any person operating a school bus under contract with a school district who fails to comply

with any of said regulations is guilty of breach of contract, and such contract shall be cancelled

after notice and hearing by the responsible officers of such district.

(3) Any person who violates any provision of this commits a petty offense.

(4) The provisions of this section shall not apply in the case of public transportation programs for

pupil transportation under section 22-51-104(1)(c).

210

Appendices

Definitions:

As used in this Code, unless the context otherwise requires:

(1) "Acceleration lane" means a speed-change lane, including tapered areas, for the purpose of

enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely

merge with through traffic.

(2) "Administrator" means the property tax administrator.

(3) "Alley" means a street or highway intended to provide access to the rear or side of lots or

buildings in urban areas and not intended for the purpose of through vehicular traffic.

(4) "Apportioned registration" means registration of a vehicle pursuant to a reciprocal agreement

under which the fees paid for registration of such vehicle are ultimately divided among the several

jurisdictions in which the vehicle travels, based upon the number of miles traveled by the vehicle

in each jurisdiction or upon some other agreed criterion.

(4.5) "Appurtenance" means a piece of equipment that is affixed or attached to a motor vehicle

or trailer and is used for a specific purpose or task, including awnings, support hardware, and

extractable equipment. "Appurtenance" does not include any item or equipment that is

temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting

such vehicle.

(5) "Authorized agent" means the county clerk and recorder in each county in the state of

Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of

revenue or such other official of the city and county of Denver as may be appointed by the mayor

to perform the functions related to the registration of, titling of, or filing of liens on motor

vehicles, wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway

vehicles, and manufactured homes.

(6) "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles,

ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a

governmental agency to protect and preserve life and property in accordance with state laws

regulating emergency vehicles; said term also means the following if equipped and operated as

emergency vehicles in the manner prescribed by state law:

(a) Privately owned vehicles as are designated by the state motor vehicle licensing agency

necessary to the preservation of life and property; or

(b) Privately owned tow trucks approved by the public utilities commission to respond to

vehicle emergencies

(7) "Authorized service vehicle" means such highway or traffic maintenance vehicles as are

publicly owned and operated on a highway by or for a governmental agency the function of which

requires the use of service vehicle warning lights as prescribed by state law and such other

vehicles having a public service function, including, but not limited to, public utility vehicles and

211

tow trucks, as determined by the department of transportation under section 42-4-214(5) Some

vehicles may be designated as both an authorized emergency vehicle and an authorized service

vehicle.

(7.5) "Autocycle" means a three-wheeled motorcycle that does not use handlebars or any other

device that is directly connected to a single front wheel to steer and in which the driver and each

passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all

occupants that constitute a safety belt system, as defined in section 42-4-237(1)(b). For purposes

of this subsection (7.5), “partly enclosed seating area” means a seating area that is entirely or

partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed.

(7.7) “Automated driving system” means hardware and software that are collectively capable,

without any intervention or supervision by a human operator, of performing all aspects of the

dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5

automation in SAE International’s standard J3016, as it existed in September 2016.

(8) "Automobile" means any motor vehicle.

(8.5) "BAC" means either:

(a) A person's blood alcohol content, expressed in grams of alcohol per one hundred milliliters

of blood as shown by analysis of the person's blood; or

(b) A person's breath alcohol content, expressed in grams of alcohol per two hundred ten liters

of breath as shown by analysis of the person's breath.

(9) "Base jurisdiction" means the state, province, or other jurisdiction which receives, apportions,

and remits to other jurisdictions moneys paid for registration of a vehicle pursuant to a reciprocal

agreement governing registration of vehicles.

(10) "Bicycle" means a vehicle propelled by human power applied to pedals upon which a person

may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which

are more than fourteen inches in diameter.

(10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated files, or

portions thereof, in the same form as those files exist within the department.

(11) "Business district" means the territory contiguous to and including a highway when within any

six hundred feet along such highway there are buildings in use for business or industrial purposes,

including but not limited to motels, banks, office buildings, railroad stations, and public buildings

which occupy at least three hundred feet of frontage on one side or three hundred feet

collectively on both sides of the highway.

(12) "Calendar year" means the twelve calendar months beginning January 1 and ending December

31 of any year.

(13) "Camper coach" means an item of mounted equipment, weighing more than five hundred

pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle

for use as temporary living or sleeping accommodations.

212

(14) "Camper trailer" means a wheeled vehicle having an overall length of less than twenty-six

feet, without motive power, which is designed to be drawn by a motor vehicle over the public

highways and which is generally and commonly used for temporary living or sleeping

accommodations.

(15) "Chauffeur" means every person who is employed for the principal purpose of operating a

motor vehicle and every person who drives a motor vehicle while in use as a public or common

carrier of persons or property.

(16) "Classified personal property" means any personal property which has been classified for the

purpose of imposing thereon a graduated annual specific ownership tax.

(16.5) “Colorado DRIVES” is an acronym that stands for “Colorado driver’s license, record,

identification, and vehicle enterprise solution” and means the driver and vehicle services

information technology system that the department uses to provide driver, identification, and

vehicle title registration services to Colorado residents.

(17) "Commercial carrier" means any owner of a motor vehicle, truck, laden or unladen truck

tractor, trailer, or semitrailer used in the business of transporting persons or property over the

public highways for profit, hire, or otherwise in any business or commercial enterprise.

(17.5) "Commercial vehicle" means a vehicle used to transport cargo or passengers for profit,

hire, or otherwise to further the purposes of a business or commercial enterprise. This subsection

(17.5) shall not apply for purposes of sections 42-4-235 and 42-4-707(1).

(18) "Controlled-access highway" means every highway, street, or roadway in respect to which

owners or occupants of abutting lands and other persons have no legal right of access to or from

the same except at such points only and in such manner as may be determined by the public

authority having jurisdiction over such highway, street, or roadway.

(19) "Convicted" or "conviction" means:

(a) A plea of guilty or nolo contendere;

(b) A verdict of guilty;

(d) The payment of a penalty assessment under section 42-4-1701, or this Code, if the

summons states clearly the points to be assessed for the offense; and

(e) As to a holder of a commercial driver's license as defined in section 42-2-402, or the

operator of a commercial motor vehicle as defined in section 42-2-402;

(I) An unvacated adjudication of guilt or a determination by an authorized administrative

hearing that a person has violated or failed to comply with the law;

(II) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance

in court;

213

(III) The payment of a fine or court cost or violation of a condition of release without bail,

regardless of whether or not the penalty is rebated, suspended, or probated; or

(IV) A deferred sentence.

(20) "Court" means any municipal court, county court, district court, or any court having

jurisdiction over offenses against traffic regulations and laws.

(21) "Crosswalk" means that portion of a roadway ordinarily included within the prolongation or

connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly

indicated for pedestrian crossing by lines or other marking on the surface.

(22) "Dealer" means every person engaged in the business of buying, selling, or exchanging

vehicles of a type required to be registered under articles 1 to 4 of title 42, and who has an

established place of business for such purpose in this state.

(23) "Deceleration lane" means a speed-change lane, including tapered areas, for the purpose of

enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the

ramp ahead after it has left the mainstream of faster-moving traffic.

(23.5) "Declared gross vehicle weight" means the combined weight of the vehicle or combination

vehicle and its cargo when operated on the public highways of this state. Such weight shall be

declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept

of all miles operated by each vehicle over the public highways of this state by the owner of each

vehicle.

(24) "Department" means the Department of Revenue of this state acting directly or through its

duly authorized officers and agents.

(24.5) "Distinctive special license plate" means a special license plate that is issued to a person

because such person has an immutable characteristic or special achievement honor. Such special

achievement honor shall not include a common achievement such as graduating from an institution

of higher education. Such special achievement shall include honorable service in the armed forces

of the United States. "Distinctive special license plate" shall include a license plate that is issued

to a person or the person's family to honor such person's service in the armed forces.

(25) "Divided highway" means a highway with separated roadways usually for traffic moving in

opposite directions, such separation being indicated by depressed dividing strips, raised curbings,

traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise

indicated by standard pavement markings or other official traffic control devices as prescribed in

the state traffic control manual.

(26) "Drive-away transporter" or "tow-away transporter" means every person engaged in the

transporting of vehicles which are sold or to be sold and not owned by such transporter, by the

drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or

by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof.

(27) "Driver" means every person, including a minor driver under the age of twenty-one years,

who drives or is in actual physical control of a vehicle.

214

(27.3) "DUI" means driving under the influence, as defined in section 42-4-1301(1)(f), and use of

the term shall incorporate by reference the offense described in section 42-4-1301(1)(a).

(27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term shall

incorporate by reference the offense described in section 42-4-1301(2)(a).

(27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301(1)(g), and use

of the term shall incorporate by reference the offense described in section 42-4-1301(1)(b).

(27.8) (a) “Dynamic driving task” means all of the following aspects of driving:

(I) Operational aspects, including steering, braking, accelerating, and monitoring the

vehicle and the roadway; and

(II) Tactical aspects, including responding to events, determining when to change lanes,

turning, using signals, and other related actions.

(b) “Dynamic driving task” does not include strategic aspects, including determining

destinations or way points, of driving.

(28) "Effective date of registration period certificate" means the month in which a fleet owner

must register all fleet vehicles.

(28.5) "Electrical assisted bicycle" means a vehicle having two or three wheels and fully operable

pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical

assisted bicycles are further required to conform to one of three classes as follows:

(a) “Class 1 electrical assisted bicycle” means an electrical assisted bicycle equipped with a

motor that provides assistance only when the rider is pedaling and that ceases to provide

assistance when the bicycle reaches a speed of twenty miles per hour.

(b) “Class 2 electrical assisted bicycle” means an electrical assisted bicycle equipped with a

motor that provides assistance regardless of whether the rider is pedaling but ceases to

provide assistance when the bicycle reaches a speed of twenty miles per hour.

motor that provides assistance only when the rider is pedaling and that ceases to provide

assistance when the bicycle reaches a speed of twenty-eight miles per hour.

(28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing,

nontandem two-wheeled device, designed to transport only one person, that is powered solely by

an electric propulsion system producing an average power output of no more than seven hundred

fifty watts.

(28.8)(a) “Electric Scooter” means a device:

(I) Weighing less than one hundred pounds;

(II) With handlebars and an electric motor;

(III) That is powered by an electric motor; and

215

(IV) That has a maximum speed of twenty miles per hour on a paved level surface when

powered solely by the electric motor.

(b) “Electric Scooter” does not include an electrical assisted bicycle, EPAMD, motorcycle, or

low-power scooter.

(29) "Empty weight" means the weight of any motor vehicle or trailer or any combination thereof,

including the operating body and accessories, as determined by weighing on a scale approved by

the department.

(30) "Essential parts" means all integral parts and body parts, the removal, alteration, or

substitution of which will tend to conceal the identity or substantially alter the appearance of the

vehicle.

(31) "Established place of business" means the place actually occupied either continuously or at

regular periods by a dealer or manufacturer where such dealer's or manufacturer's books and

records are kept and a large share of his or her business transacted.

(31.5) “Exceptions processing” means the procedures the department uses to assist persons who

are unable for reasons beyond their control to present all the necessary documents required by

the department and must rely on alternative documents to establish identity, date of birth, or

United States citizenship in lieu of lawful presence in the United States.

(32) "Explosives and hazardous materials" means any substance so defined by the code of federal

regulations, title 49, chapter 1, parts 173.50 through 173.389.

(33) "Farm tractor" means every implement of husbandry designed and used primarily as a farm

implement for drawing plows and mowing machines and other implements of husbandry.

(34) "Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit or

less, as determined by a Tagliabue or equivalent closed-cup test device.

(35) "Fleet operator" means any resident who owns or leases ten or more motor vehicles, trailers,

or pole trailers and who receives from the department a registration period certificate in

accordance with article 3 of title 42.

(36) "Fleet vehicle" means any motor vehicle, trailer, or pole trailer owned or leased by a fleet

operator and registered pursuant to section 42-3-125.

(37) "Foreign vehicle" means every motor vehicle, trailer, or semitrailer which is brought into this

state otherwise than in the ordinary course of business by or through a manufacturer or dealer and

which has not been registered in this state.

(38) "Fullmount" means a vehicle which is mounted completely on the frame of the first vehicle or

last vehicle in a saddlemount combination.

(39) "Garage" means any public building or place of business for the storage or repair of

automobiles.

216

(39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation on roadways

and that has:

(a) A design speed of less than twenty miles per hour;

(b) At least three wheels in contact with the ground;

(d) A carrying capacity of not more than four persons.

(40) "Graduated annual specific ownership tax" means an annual tax imposed in lieu of an ad

valorem tax upon the personal property required to be classified by the general assembly pursuant

to the provisions of section 6 of article X of the state constitution.

(41) "Gross dollar volume" means the total contracted cost of work performed or put in place in a

given county by the owner or operator of special mobile machinery.

(41.5) "Group special license plate" means a special license plate that is not a distinctive plate

and is issued to a group of people because such people have a common interest or affinity.

(42) "High occupancy vehicle lane" means a lane designated pursuant to the provisions of section

42-4-1012(1), or this Code.

(43) "Highway" means the entire width between the boundary lines of every way publicly

maintained when any part thereof is open to the use of the public for purposes of vehicular travel,

or the entire width of every way declared to be a public highway by any law of this state.

(43.3) “Human operator” means a natural person in the vehicle with immediate access to controls

for steering, braking, and acceleration.

(43.5) "Immediate family" means a person who is related by blood, marriage, or adoption.

(44)(a) On and after July 1, 2000, "Implement of husbandry" means every vehicle that is

designed, adapted, or used for agricultural purposes. It also includes equipment used solely for

the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the

equipment used for its application, shall be deemed a part of application if it is incidental to such

application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting

equipment, agricultural commodity handling equipment, and other heavy movable farm

equipment primarily used on farms or in a livestock production facility and not on the highways.

Trailers specially designed to move such equipment on highways shall, for the purposes of part 5

of article 4 of this title, be considered as component parts of such implements of husbandry.

(b) Effective July 1, 2013, for purposes of this section, "implements of husbandry" includes

personal property valued by the county assessor as silvicultural.

(45) "Intersection" means the area embraced within the prolongation of the lateral curb lines or,

if none, then the lateral boundary lines of the roadways of two highways which join one another

at, or approximately at, right angles, or the area within which vehicles traveling upon different

highways joining at any other angle may come in conflict. Where a highway includes two roadways

217

thirty feet or more apart, every crossing of each roadway of such divided highway by an

intersecting highway shall be regarded as a separate intersection. In the event such intersecting

highway also includes two roadways thirty feet or more apart, every crossing of two roadways of

such highways shall be regarded as a separate intersection. The junction of an alley with a street

or highway does not constitute an intersection.

(45.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed

manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is

accompanied by a manufacturer's statement of origin.

(46) "Lane" means the portion of a roadway for the movement of a single line of vehicles.

(47) "Laned highway" means a highway the roadway of which is divided into two or more clearly

marked lanes for vehicular traffic.

(47.3) “Last-known address” means:

(a) For notifications regarding motor vehicles, the most recent mailing address provided on a

vehicle registration or vehicle registration mailing address change notification provided in

accordance with section 42-3-113, or the corrected address as reported by an address

correction service licensed by the United States postal service;

(b) For notifications regarding driving privileges, driver’s licenses, or identification cards when

there is a driver’s license or identification card on file with the department, the most recent

of either:

(I) The mailing address provided by an applicant for a driver’s license or identification card;

(II) The mailing address stated on an address change notification provided to the

department pursuant to subsection (47.3)(a) of this section; or

(III) The corrected address as reported by an address correction service licensed by the

United States postal service;

driver’s license or identification card on file with the department, the most recent address

shown on any other record on file with the department pursuant to this article 1 and as may

be corrected by an address correction service licensed by the United States postal service.

(47.5) "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title 4,

and this article.

(48) "Local authorities" means every county, municipal, and other local board or body having

authority to adopt local police regulations under the constitution and laws of this state.

(48.5)(a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on the

roadways with not more than three wheels in contact with the ground, no manual clutch, and

either of the following:

218

(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal

combustion; or

(II) A wattage not exceeding four thousand four hundred seventy-six if powered by

electricity.

(b) "Low-power scooter" shall not include a toy vehicle, bicycle, electrical assisted bicycle,

wheelchair, or any device designed to assist mobility-impaired people who use pedestrian

rights-of-way.

(48.6) "Low-speed electric vehicle" means a vehicle that:

(a) Is self-propelled utilizing electricity as its primary propulsion method;

(b) Has at least three wheels in contact with the ground;

(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character

vehicle identification number as provided in 49 CFR 565.

(49) "Manufacturer" means any person, firm, association, corporation, or trust, whether resident

or nonresident, who manufactures or assembles new and unused motor vehicles of a type required

to be registered under articles 1 to 4 of this title.

(50) "Manufacturer's suggested retail price" means the retail price of such motor vehicle

suggested by the manufacturer plus the retail price suggested by the manufacturer for each

accessory or item of optional equipment physically attached to such vehicle prior to the sale to

the retail purchaser.

(51) "Markings" means all lines, patterns, words, colors, or other devices, except signs, set into

the surface of, applied upon, or attached to the pavement or curbing or to objects within or

adjacent to the roadway, conforming to the state traffic control manual and officially placed for

the purpose of regulating, warning, or guiding traffic.

(52) "Metal tires" means all tires the surface of which in contact with the highway is wholly or

partly of metal or other hard, nonresilient material.

(52.5) "Military vehicle" means a vehicle of any size or weight that is valued for historical

purposes, that was manufactured for use by any nation's armed forces, and that is maintained in a

condition that represents its military design and markings.

(53) "Minor driver's license" means the license issued to a person who is at least sixteen years of

age but who has not yet attained the age of twenty-one years.

(54) (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, § 1, effective October 1,

2010.)

(55) "Motorcycle" means an autocycle or a motor vehicle that uses handlebars or any other device

connected to the front wheel to steer and that is designed to travel on not more than three

219

wheels in contact with the ground, except that the term does not include a farm tractor, low-

speed electric vehicle, or low-power scooter.

(56) (Deleted by amendment, L. 2009, (HB 09-1026), ch.281, p. 1260, § 22, effective October 1,

2009).

(57) "Motor home" means a vehicle designed to provide temporary living quarters and which is

built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.

(58) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on the

public highways and that is generally and commonly used to transport persons and property over

the public highways or a low-speed electric vehicle; except that the term does not include

electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by human

power. For the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1,

and 42-4-1401, for farm tractors and off-highway vehicles, as defined in section 33-14.5-101(3),

operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway

vehicle that is not otherwise classified as a motor vehicle. For the purposes of sections 42-2-127,

42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1, "motor vehicle" includes a

low-power scooter..

(59) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1,

2009.)

(60) "Mounted equipment" means any item weighing more than five hundred pounds that is

permanently mounted on a vehicle, including mounting by means such as welding or bolting the

equipment to a vehicle.

(60.3) "Multipurpose trailer" means a wheeled vehicle, without motive power, that is designed to

be drawn by a motor vehicle over the public highways. A "multipurpose trailer" is generally and

commonly used for temporary living or sleeping accommodation and transporting property wholly

upon its own structure and is registered as a vehicle.

(60.5) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, § 4, effective August 5,

2009.)

(61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated

singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen

truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other

recreational purposes, or personal or family transportation of the owner, lessee, or occupant and

is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes

of a business or commercial enterprise.

(62) "Nonresident" means every person who is not a resident of this state.

(63) "Off-highway vehicle" shall have the same meaning as set forth in section 33-14.5-101(3).

(64) "Official traffic control devices" means all signs, signals, markings, and devices, not

inconsistent with this title, placed or displayed by authority of a public body or official having

jurisdiction, for the purpose of regulating, warning, or guiding traffic.

220

(65) "Official traffic control signal" means any device, whether manually, electrically, or

mechanically operated, by which traffic is alternately directed to stop and to proceed.

(66) "Owner" means a person who holds the legal title of a vehicle; or, if a vehicle is the subject

of an agreement for the conditional sale or lease thereof with the right of purchase upon

performance of the conditions stated in the agreement and with an immediate right of possession

vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession,

then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of

articles 1 to 4 of title 42. The term also includes parties otherwise having lawful use or control or

the right to use or control a vehicle for a period of thirty days or more.

(67) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than very

briefly for the purpose of and while actually engaged in loading or unloading property or

passengers.

(68) "Pedestrian" means any person afoot or any person using a wheelchair.

(68.5)(a) "Persistent drunk driver" means any person who:

(I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-

related driving violations;

(II) Continues to drive after a driver's license or driving privilege restraint has been imposed

for one or more alcohol-related driving offenses;

(III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by

analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred

milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at

the time of driving or within two hours after driving; or

(IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her

blood, breath, saliva, or urine as required by section 18-3-106(4) or 18-3-205(4), or section

42-4-1301.1(2).

(b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under

this title for multiple alcohol- or drug-related driving offenses, including, but not limited to,

penalties imposed for violations under sections 42-2-125(1)(g) and (1)(i) and 42-2-202(2).

(69) "Person" means a natural person, estate, trust, firm, copartnership, association, corporation,

or business entity.

(69.5) “Plug-in electric motor vehicle” means:

(a) a motor vehicle that has received an acknowledgement of certification from the federal

internal revenue service that the vehicle qualifies for the plug-in electric drive vehicle credit

set forth in 26 U.S.C. sec. 30D as amended, or successor statute; or

(b) any motor vehicle that can recharged from an external source of electricity and that uses

electricity stored in a rechargeable battery pack to propel or contribute to the propulsion of

the vehicle’s drive wheels.

221

(70) "Pneumatic tires" means all tires inflated with compressed air.

(71) "Pole," "pipe trailer," or "dolly" means every vehicle of the trailer type having one or more

axles not more than forty-eight inches apart and two or more wheels used in connection with a

motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing

vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly

resting upon the towing vehicle. All the registration provisions of articles 1 to 4 of title 42, shall

apply to every pole, pipe trailer, or dolly.

(72) "Police officer" means every officer authorized to direct or regulate traffic or to make arrests

for violations of traffic regulations.

(72.2) "Power takeoff equipment" means equipment that is attached to a motor vehicle and is

(72.5) "Primary user" means an organization that collects bulk data for the purpose of in-house

business use.

(72.7) "Principal office" means the office in this state designated by a fleet owner as its principal

place of business.

(73) "Private road" or "driveway" means every road or driveway not open to the use of the public

for purposes of vehicular travel.

(74) Repealed.

(75) "Railroad sign or signal" means any sign, signal, or device erected by authority of a public

body or official or by a railroad and intended to give notice of the presence of railroad tracks or

the approach of a railroad train.

(76) "Reciprocal agreement" or "reciprocity" means an agreement among two or more states,

provinces, or other jurisdictions for coordinated, shared, or mutual enforcement or administration

of laws relating to the registration, operation, or taxation of vehicles and other personal property

in interstate commerce. The term includes without limitation the "international registration plan"

and any successor agreement providing for the apportionment, among participating jurisdictions,

of vehicle registration fees or taxes.

(77) "Reconstructed vehicle" means any vehicle which has been assembled or constructed largely

by means of essential parts, new or used, derived from other vehicles or makes of vehicles of

various names, models, and types or which, if originally otherwise constructed, has been

materially altered by the removal of essential parts or by the addition or substitution of essential

parts, new or used, derived from other vehicles or makes of vehicles.

(78) "Registration period" or "registration year" means any consecutive twelve-month period.

(79) "Registration period certificate" means the document issued by the department to a fleet

owner, upon application of a fleet owner, which states the month in which registration is required

for all motor vehicles owned by the fleet owner.

222

(80) "Residence district" means the territory contiguous to and including a highway not comprising

a business district when the frontage on such highway for a distance of three hundred feet or more

is mainly occupied by dwellings or by dwellings and buildings in use for business.

(81) "Resident" means any person who owns or operates any business in this state or any person

who has resided within this state continuously for a period of ninety days or has obtained gainful

employment within this state, whichever shall occur first.

(82) "Right-of-way" means the right of one vehicle operator or pedestrian to proceed in a lawful

manner in preference to another vehicle operator or pedestrian approaching under such

circumstances of direction, speed, and proximity as to give rise to danger of collision unless one

grants precedence to the other.

(83) "Road" means any highway.

(84) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and

not so constructed as to carry any load thereon independently or any part of the weight of a

vehicle or load so drawn.

(85) "Roadway" means that portion of a highway improved, designed, or ordinarily used for

vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or

shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that

portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive

use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two

or more separate roadways, "roadway" refers to any such roadway separately but not to all such

roadways collectively.

(86) "Saddlemount combination" means a combination of vehicles in which a truck or laden or

unladen truck tractor tows one or more additional trucks or laden or unladen truck tractors and in

which each such towed truck or laden or unladen truck tractor is connected by a saddle to the

frame or fifth wheel of the vehicle immediately in front of such truck or laden or unladen truck

tractor. For the purposes of this subsection (86), "saddle" means a mechanism which connects the

front axle of a towed vehicle to the frame or fifth wheel of a vehicle immediately in front of such

towed vehicle and which functions like a fifth wheel kingpin connection. A saddlemount

combination may include one fullmount.

(87) "Safety zone" means the area or space officially set aside within a highway for the exclusive

use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly

visible at all times while set apart as a safety zone.

(88) "School bus" means a motor vehicle that is designed and used specifically for the

transportation of school children to or from a public or private school or a school-related activity,

whether the activity occurs within or without the territorial limits of any district and whether or

not the activity occurs during school hours. “School bus” does not include informal or intermittent

arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the

transportation of school children to or from a public or private school or a school-related activity.

223

(88.5)(a) "School vehicle" means a motor vehicle, including but not limited to a school bus, that is

owned by or under contract to a public or private school and operated for the transportation of

school children to or from school or a school-related activity.

(b) "School vehicle" does not include:

(I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or

participation in a car pool, for the transportation of school children to or from a public or

private school or a school-related activity; or

(II) A motor vehicle that is owned by or under contract to a child care center, as defined in

section 26-6-102 (5), and that is used for the transportation of children who are served by

the child care center.

(89) "Semitrailer" means any wheeled vehicle, without motor power, designed to be used in

conjunction with a laden or unladen truck tractor so that some part of its own weight and that of

its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally

and commonly used to carry and transport property over the public highways.

(90) "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a

roadway and the adjacent property lines intended for the use of pedestrians.

(91) "Snowplow" means any vehicle originally designed for highway snow and ice removal or

control or subsequently adapted for such purposes which is operated by or for the state of

Colorado or any political subdivision thereof.

(92) "Solid rubber tires" means every tire made of rubber other than a pneumatic tire.

(93) "Specially constructed vehicle" means any vehicle which has not been originally constructed

under a distinctive name, make, model, or type by a generally recognized manufacturer of

vehicles.

(93.5)(a) "Special mobile machinery" means machinery that is pulled, hauled, or driven over a

highway and is either:

(I) A vehicle or equipment that is not designed primarily for the transportation of persons or

cargo over the public highways; or

(II) A motor vehicle that may have been originally designed for the transportation of persons

or cargo over the public highways, and has been redesigned or modified by the addition of

mounted equipment or machinery, and is only incidentally operated or moved over the

public highways.

(b) "Special mobile machinery" includes vehicles commonly used in the construction,

maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.

(94) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, other than

momentarily for the purpose of and while actually engaged in receiving or discharging passengers.

(95) "State" means a state, territory, organized or unorganized, or district of the United States.

224

(96) "State motor vehicle licensing agency" means the department of revenue.

(97) "State traffic control manual" means the most recent edition of the "Manual on Uniform

Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted

by the transportation commission.

(98) "Steam and electric trains" includes:

(a) "Railroad", which means a carrier of persons or property upon cars, other than street cars,

operated upon stationary rails;

(b) "Railroad train", which means a steam engine, electric, or other motor, with or without

cars coupled thereto, operated upon rails, except streetcars;

property upon rails principally within a municipality.

(99) "Stinger-steered" means a semitrailer combination configuration wherein the fifth wheel is

located on a drop frame located behind and below the rearmost axle of the power unit.

(100) "Stop" or "stopping" means, when prohibited, any halting, even momentarily, of a vehicle,

whether occupied or not, except when necessary to avoid conflict with other traffic or in

compliance with the directions of a police officer or official traffic control device.

(101) "Stop line" or "limit line" means a line which indicates where drivers shall stop when

directed by an official traffic control device or a police officer.

(101.5) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design

that has been modified for safe road use.

(102) "Supervisor" means the executive director of the department of revenue or head of a group,

division, or subordinate department appointed by the executive director in accordance with

article 35 of title 24.

(102.5) "Surge brakes" means a system whereby the brakes of a trailer are actuated as a result of

the forward pressure of the trailer against the tow vehicle during deceleration.

(102.7) "Temporary special event license plate" means a special license plate valid for a limited

time period that is issued to a person or group of people in connection with a special event.

"Temporary special event license plate" does not mean a special plate for the purposes of section

42-3-207.

(103) "Through highway" means every highway or portion thereof on which vehicular traffic is

given preferential right-of-way and at the entrances to which other vehicular traffic from

intersecting highways is required by law to yield the right-of-way to vehicles on such through

highway in obedience to a stop sign, yield sign, or other official traffic control device when such

signs or devices are erected as provided by law.

(103.5)(a) "Toy vehicle" means any vehicle, that has wheels and is not designed for use on public

highways or for off-road use.

225

(b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles

commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up

scooters.

(104) "Traffic" means pedestrians, ridden or herded animals, and vehicles, streetcars, and other

conveyances either singly or together while using any highway for the purposes of travel.

(104.5) “Traffic Investigation or Survey” means a documented, data driven, comprehensive

analysis using methods consistent with an Engineering Study as defined in the latest edition of the

Manual on Uniform Traffic Control Devices.

(105) "Trailer" means any wheeled vehicle, without motive power, which is designed to be drawn

by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally

and commonly used to carry and transport property over the public highways. The term includes,

but is not limited to, multipurpose trailers as defined in subsection (60.3) of this section.

(106)(a) "Trailer coach" means a wheeled vehicle having an overall length, excluding towing gear

and bumpers, of not less than twenty-six feet, without motive power, that is designed and

generally and commonly used for occupancy by persons for residential purposes, in temporary

locations, and that may occasionally be drawn over the public highways by a motor vehicle and is

licensed as a vehicle.

(b) "Manufactured home" means any preconstructed building unit or combination of

preconstructed building units, without motive power, where such unit or units are

manufactured in a factory or at a location other than the residential site of the completed

home, which is designed and commonly used for occupancy by persons for residential

purposes, in either temporary or permanent locations, and which unit or units are not licensed

as a vehicle.

(107) "Transporter" means every person engaged in the business of delivering vehicles of a type

required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or

distributing plant to dealers or sales agents of a manufacturer.

(108) "Truck" means any motor vehicle equipped with a body designed to carry property and which

is generally and commonly used to carry and transport property over the public highways.

(109) "Truck tractor - laden" or "laden truck tractor" means any motor vehicle carrying cargo that

is generally and commonly designed and used to draw, and is drawing a semitrailer or trailer and

its cargo load over the public highways.

(109.5) "Truck tractor - unladen" or "unladen truck tractor" means any motor vehicle not carrying

cargo that is generally used to draw a semitrailer or trailer and its cargo load over the public

highways.

(109.7) “UDD” means underage drinking and driving, and use of the term shall incorporate by

reference the offense described in section 42-4-1301(2)(d).

226

(110) "Used vehicle" means every motor vehicle which has been sold, bargained for, exchanged, or

given away, or has had the title transferred from the person who first acquired it from the

manufacturer or importer, and has been so used as to have become what is commonly known as

"secondhand" within the ordinary meaning thereof.

(111) "Utility trailer" means any wheeled vehicle weighing two thousand pounds or less, without

motive power, which is designed to be drawn by a motor vehicle and which is generally and

commonly used to carry and transport personal effects, articles of household furniture, loads of

trash and rubbish, or not to exceed two horses over the public highways.

(112) "Vehicle" means a device that is capable of moving itself, or of being moved, from place to

place upon wheels or endless tracks. "Vehicle" includes, without limitation, a bicycle, electrical

assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile,

farm tractor, or implement of husbandry designed primarily or exclusively for use and used in

agricultural operations or any device moved exclusively over stationary rails or tracks or designed

to move primarily through the air.

(112.5) "Vendor" means an organization that collects bulk data for the purpose of reselling the

data.

(113) "Wheelchair" means a motorized or nonmotorized wheeled device designed for use by a

person with a physical disability.

227

Appendix Part A.

Instructions For Adopting The Model Traffic Code By Reference

(Based on parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30; and on section

43-2-135(1)(g))

1. Adopting Ordinance (see specimen)

(a) Form and Content. The form and content of the adopting ordinance should be patterned as

closely as possible after the specimen.

(b) Exceptions. Any and all sections of the Code that are inapplicable to the municipality or

county and are thereby to be deleted must be enumerated in the adopting ordinance.

2. Introduction:

The Board of Trustees, City Council or Board of County Commissioners shall meet and introduce

the adopting ordinance.

3. Notice of Hearing: (see specimen)

After introduction of the adopting ordinance the Board of Trustees, City or Town Council, Board of

County Commissioners must schedule a public hearing and give notice of such hearing. Notice of

the hearing shall be published twice in a newspaper published or having a general circulation in

the municipality, once at least eight days preceding the hearing, and once at least fifteen days

preceding the hearing. If there is no such newspaper the notice shall be posted in the same

manner as provided for the posting of a proposed ordinance.

4. Content of Notice:

The notice of public hearing shall state the time and place of the hearing and shall also state that

copies of the Code, being considered for adoption, are on file at the office of the City (Town)

Clerk or County Clerk and are open to public inspection during regular business hours. The notice

shall also contain brief explanation of the purpose of the Code, the subject matter, the name and

address of the agency by which it has been developed, and the date of publication of the Code.

See sections 30-35-403 or 31-16-203.

5. Copies of Code:

A link to the current CDOT Model Traffic Code must be posted online along with a link to an

accessible pdf of the Model Traffic Code adopted by the City (Town) Clerk or County Clerk. Not

fewer than three copies of the Code, all certified to be true copies by the City (Town) Clerk or

County Clerk, shall be filed in the Clerk’s office fifteen days preceding the public hearing. The

current CDOT Model Traffic Code, along with an electronic copy adopted by the City (Town) Clerk

or County Clerk will be available online, without charge. The current CDOT Model Traffic Code is

available here:

https://www.codot.gov/safety/traffic-safety/assets/documents

228

6. Deletions or Additions:

After the hearing, the governing body may amend, adopt or reject the adopting ordinance. If any

deletions or additions are made in the Code by the Board of Trustees, City or Town Council, or

Board of County Commissioners they must be duly noted in the adopting ordinance and will be

available online, without charge on the City (Town) or Country website.

7. Colorado Department of Transportation Approval:

Approval by the Colorado Department of Transportation is required by law for all regulations

pertaining to streets which are state highways. This approval will take the form of a written

certification signed by the Chief Engineer or designee. Approval should be sought following the

public hearing and before the actual publication of the adopting ordinance so that the Department

will have time to certify its approval of the regulations and schedules prior to the date the

ordinance is calendared to become effective.

8. Requirements for Department Approval:

For purposes of review and approval the Colorado Department of Transportation requires an

authenticated copy of the adopting ordinance. A draft copy of the adopting ordinance may be

submitted for review by CDOT prior to authentication.

9. Publication or Posting of Ordinance:

After passage by the City or Town Council, or Board of County Commissioners the adopting

ordinance shall be published in full in some newspaper published within the corporate limits, or if

there be none, then in some newspaper or online news publication of general circulation in the

municipality or county. If there is no such newspaper or online news publication, the notice shall

be posted in the same manner as provided for the posting of a proposed ordinance.

10. Effective Date:

The ordinance shall neither take effect nor be in force until the expiration of thirty days after it

has been published or posted, except when the ordinance contains a special clause declaring that

an emergency exists and that the ordinance is necessary for the immediate preservation of the

public health and safety. The excepted ordinance shall take effect upon adoption and compliance

with requirements for the mayor's approval as provided by section 31-16-104, provided it has been

passed by an affirmative vote of two-thirds of the members of the governing body of the City or

Town. However, in no case shall regulations pertaining to state highways become effective until

approval has been obtained from the Colorado Department of Transportation.

11. Public Record:

After adoption of the Code by reference, the City, Town or County Clerk shall keep on file at least

three copies for public inspection while the ordinance is in force, except that one of these copies

may be placed in the office of the chief enforcement officer instead of in the office of the Clerk.

229

Appendix Part B:

Specimen Ordinance For Adopting

The Model Traffic Code By Reference

ORDINANCE NO. _______________

TITLE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE

(CITY TOWN COUNTY) OF _________________ COLORADO; ADOPTING BY REFERENCE THE 2020 EDITION

OF THE "MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING

PENALTIES FOR VIOLATION THEREOF.

BE IT ORDAINED BY THE CITY COUNCIL, BOARD OF TRUSTEES, BOARD OF COUNTY COMMISSIONERS OF

THE (CITY TOWN COUNTY) OF ____________ COLORADO:

Section 1. Adoption.

Pursuant to parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30, there is hereby

adopted by reference the 2020 edition of the "Model Traffic Code” promulgated and published as such

by the Colorado Department of Transportation, Traffic Safety and Engineering Services, 2829 W Howard

Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to

comprehensive traffic control regulations for the City, Town, County. The purpose of this Ordinance

and the Code adopted herein is to provide a system of traffic regulations consistent with state law and

generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the

Model Traffic Code adopted herein are now filed in the office of the Clerk of the (City Town County) of

______________ Colorado, and may be inspected during regular business hours.

Section 2. Deletions.

The 2024 edition of the Model Traffic Code is adopted as if set out at length save and except the

following articles and/or sections which are declared to be inapplicable to this municipality and are

therefore expressly deleted:

(The adopting municipality or county should list and cross reference to affected sections any deletions.

If none, in the above statement write "none". – Delete from Ordinance)

Section 3. Additions or Modifications.

The said adopted Code is subject to the following additions or modifications:

(The adopting municipality or county should set forth in full any additions to or modifications of the

adopted Code. If none, so indicate by inserting the word "None." – Delete from Ordinance))

Section 4. Penalties.

The following penalties, herewith set forth in full, shall apply to this ordinance:

(a) It is unlawful for any person to violate any of the provisions adopted in this ordinance.

(b) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by

a surcharge in accordance with 42-4-1701(4)(e)(II).

230

(For use by Home Rule Towns and Cities– Delete from Ordinance))

adopted in this ordinance shall be punished by a fine not exceeding ________ dollars ($_______), or by

imprisonment not exceeding ______ (00) days, or by both such fine and imprisonment.

{For use by Counties}

a minimum fine in accordance with Section 1701, not exceeding _______ ($______), or by both such

fine and imprisonment not exceeding ________(00) days.

(d)

Section 5. Application.

This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other

public way or public place or public parking area, either within or outside the corporate limits of this

municipality or county, the use of which this municipality or county has jurisdiction and authority to

regulate.

Section 6. Validity.

If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect

the validity of the remaining portions of this ordinance. The (City Town Council) (Board of County

Commissioners) hereby declares that it would have passed this ordinance and each part or parts

thereof, irrespective of the fact that any one part or parts be declared invalid.

Section 7. Repeal.

Existing or parts of ordinances (identifying ordinance number may be cited) covering the same matters

as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances

inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not

affect or prevent the prosecution or punishment of any person for any act done or committed in

violation of any ordinance hereby repealed prior to the taking effect of this ordinance.

Section 8. Interpretation.

This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform

with the State's uniform system for the regulation of vehicles and traffic. Article and section headings

of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in

any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

Section 9. Certification.

The City, Town, County Clerk shall certify to the passage of this ordinance and make not less than

three copies of the adopted Code available for inspection by the public during regular business hours.

PASSED BY THE (CITY COUNCIL - BOARD OF COUNTY COMMISSIONERS) AFTER A PUBLIC HEARING AND

SIGNED THIS ______ DAY OF _________ , 20___ .

231

______________________________

Mayor or Chairman

(SEAL) (CITY TOWN COUNTY) OF _____________________

ATTEST:

__________________________

(City Town County) Clerk

232

Appendix Part C:

Specimen Notice Of Hearing

NOTICE is hereby given of a public hearing before the (City Town Council Board of County

Commissioners) of ___________ Colorado, at ______(time) of the _____ day of _______, 20____, at

_________(location)for the purpose of considering the adoption by reference of the "Model Traffic

Code" 2020 edition, as the traffic ordinance of the (City, Town, County) of _____________, Colorado.

Copies of the Model Traffic Code are on file at the office or the website of the (City, Town, County)

Clerk and may be inspected during regular business hours. If enacted as an ordinance of this City or

County the Model Traffic Code will not be published in full, but in accordance with state law, copies

will be kept on file and on the website of the (City, Town, County).

The "Model Traffic Code" 2024 edition is published by the Colorado Department of Transportation,

Traffic Engineering and Safety Branch, 2829 West Howard Place, Denver, CO 80204. The subject matter

of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the (City

Town County). The purpose of the Ordinance and the Code adopted therein is to provide a system of

traffic regulations consistent with state law and generally conforming to similar regulations throughout

the state and the nation.

At its next regular meeting following this hearing, the (City Town Council) (Board of County

Commissioners) will consider passage of the adopting Ordinance.

This notice given and published by the order of the (City Town Council) (Board of County

Commissioners).

Dated this ____________ day of _______, 20___.

(City Town County) Of _________________, Colorado

__________________ (City Town County) Clerk

First notice of hearing __________________ 20__

Second notice of hearing _________________ 20__

233

Appendix Part D:

Specimen Certification - Posting Of Ordinance

State Of Colorado

County Of ______________________

Town Of ______________________

The undersigned Clerk of the Town of ____________ Colorado, hereby certifies, upon resolution of the

Board of Trustees, that there is no newspaper published within or which has a general circulation

within the municipality; that upon the authorization and direction of the Board of Trustees the

undersigned has caused to be posted in three (3) public places namely:

1. ________________________________

2. ________________________________

3. ________________________________

An ordinance entitled: "ADOPTING BY REFERENCE THE 2020 EDITION OF THE 'MODEL TRAFFIC CODE FOR

COLORADO LOCAL GOVERNMENTS'; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND

PROVIDING FOR PENALTIES THEREOF."

The same being Ordinance No. ____________

Dated this ___ day of _____________ 20___.

The undersigned further attests that each of the copies of said Ordinance remained posted

continuously and uninterruptedly for the period required by law.

WITNESS the hand and seal of the undersigned on this ______ day of ___________ 20___

_____________________________ ___________________________

Town Clerk (SEAL)

234

Appendix Part E:

Instructions For Amending Model Traffic Code

Previously Adopted By Reference

(Based on parts 1 and 2 of article 16 of title 31, as amended, and section 43-2-135 (1)(g))

1. Amending Ordinance:

Colorado law provides that whenever a Code is amended by the agency which originally promulgated or

adopted it, any municipality which has previously adopted the Code by reference may also adopt the

amendments by reference through the same procedure as required for the adoption of the original

Code; or an ordinance may be enacted in regular manner, setting forth the entire text of the

amendments. The instructions which follow apply to the latter method.

2. Form and Content:

The form and content of the amending ordinance should conform to the requirements set forth in part

1 of article 16 of title 31, Colorado Revised Statutes, as amended.

Amendments pertaining to sections of the Code which are inapplicable to the municipality should be

deleted in the amending ordinance.

3. Public Hearing:

No hearing is required if an ordinance is enacted setting forth the entire text of the amendments.

4. Publication or Posting:

Publication or posting requirements for the amending ordinance are the same as for any other

ordinance adopted by a City or Town. Publication or posting procedures are described in Part D of this

Appendix.

5. Colorado Department of Transportation Approval:

Colorado Department of Transportation approval of the amended regulations is required before any

regulations pertaining to streets which are state highways become effective. This approval will take

the form of a written certification signed by the Chief Engineer or designee.

6. Effective Date:

The amending ordinance will take effect upon adoption and compliance with requirements for the

mayor's approval or thirty days after publication as provided by law. The procedure in each case is

described in item no. 10 Part A of this Appendix.

7. Public Record:

After passage of the amending ordinance the City or Town Clerk should continue to keep on file at least

three copies of the adopted code, for public inspection in the manner shown in item no. 11 in Part A of

this Appendix.

235

Appendix Part F:

Listing Of Amendments For Updating Previous Edition

Of Model Traffic Code Adopted By Reference

Colorado statutes grant municipalities the option of enacting an ordinance in the regular manner for

the purpose of amending a code previously adopted by reference. To accomplish this, however, the

entire text of the amendments must be set forth in such an ordinance. Local Governments that desire

to follow this procedure instead of adopting the current edition of the Code by reference may obtain a

listing and description of all pertinent changes from the Colorado Department of Transportation. The

procedure for amending a code directly rather than by reference is set forth in Part E of this Appendix.

Whenever possible, municipalities should to adopt the latest edition of the Code by reference instead

of resorting to an amending ordinance. This procedure has several important advantages:

(1) It avoids the problem of relating the various revisions and additions in an amending ordinance to

the adopted edition of the Code;

(2) It enables a city or town to have on record the latest references to applicable State statutes and

national recommendations as well as informative and current editorial notes relating to the various

traffic regulations; and

(3) It facilitates the task of drafting the municipal ordinance pertaining to the Code.

236

Appendix Part G:

Specimen Certification Of Model Traffic Code

*(Form to be affixed to inside front or back cover of each Code provided for public inspection.)

State Of Colorado

Certification

County Of ______________________

City (Town) Of _________________

We, the undersigned, do hereby certify that this Model Traffic Code is a true and accurate copy of the

Code adopted by reference by the (City Town County) of _____________, Colorado under Ordinance

No. _______ pursuant to and as provided by parts 1 and 2 of article 16 of title 31 or part 4 of article 15

title 30.

Dated this _____ day of ___________, 20_____ .

By___________________________

Mayor or Chairman

Attest: (City Town County) Of ___________________

________________________________

Clerk

(SEAL)

237

Appendix Part H:

Why A Model Traffic Code For Colorado?

1. Uniformity of basic road rules.

2. Uniformity of local traffic regulations.

3. Standardization of traffic regulation and control on streets that are state highways.

4. Compatibility of traffic ordinances with State and national vehicle codes.

All Contributing To

Greater Traffic Safety

And Operational Efficiency

In Moving People And Goods

Through And Within

Our Local Governments!

(See Forward to Code for details)