HomeMy WebLinkAbout12-02-2024 - Study Session Agenda Packet STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO December 2, 2024
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th
Avenue, Municipal Building. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival.
2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on
December 2, 2024) 3. Virtually attend and participate in the meeting through a device or phone:
• Click here to pre-register and provide public comment by Zoom (You must
preregister before 6:00 p.m. on December 2, 2024)
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance.
Public Comment on Agenda Items
1. Adoption of the 2024 Model Traffic Code
2. Natural medicine regulation
3. Unclaimed property
4. Staff Report(s)
5. Elected Officials’ Report(s)
ITEM NO 1
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Chris Murtha, Chief of Police Eric Kellogg, Division Chief of Police DATE: December 2, 2024 SUBJECT: Adoption of the 2024 Model Traffic Code ISSUE: “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.” (Model Traffic Code for Colorado 2024-Colorado Department of Transportation)
The City of Wheat Ridge is bound by the laws and guidance of the State of Colorado and as such, we are required to periodically review the City of Wheat Ridge Municipal Traffic Code to ensure conformance with the state mandate as a subservient or secondary traffic management plan to the State of Colorado Traffic Ordinances. The Wheat Ridge Police Department periodically reviews the City of Wheat Ridge Municipal Code to align
with state traffic code changes and ensure consistency across all Colorado roads. The newest version of the Colorado Model Traffic Code was adopted and installed in 2024. The updated Model Traffic Code re-enforces and provides additional guidance and resources to serve more comprehensively those who use the roads in Colorado as well as
those who utilize the roads within Wheat Ridge. The newest guidance, changes, and updates along with the addition of new technology and resources will allow Wheat Ridge employees (Police and Courts) to address emerging trends and driving behaviors that have become problematic within Wheat Ridge.
The addition of new vehicle technology, cultural attitudes, and intentions was the impetus of many of the changes in the 2024 Model Traffic Code. The ability to address more
comprehensively those driving behaviors and trends allows Wheat Ridge employees the
opportunity to ensure our community safety and advance the city’s core values with persons using the roads within the Wheat Ridge community. DISCUSSION:
On April 8, 2024, the Wheat Ridge Police Department took part in a City Council Study
Session regarding the use of new speed management technology. During that Study Session, City Council requested research into the adoption of the updated Model Traffic Code to address some of the issues their constituents had brought to their attention. The research resulted in information that the State of Colorado had recently approved an
updated Model Traffic Code, and that adoption of the new Model Traffic Code will allow
Wheat Ridge employees to address the citizens’ complaints more comprehensively. The noted complaints represent a variety of different traffic issues. Those complaints include but are not limited to the distractions created using cell phones while driving,
quality of life issues associated with increased commercial motor carrier traffic and the
increased noise associated with some of the new safety features on these large trucks. Some of those complaints are covered in the update and are more appropriately and comprehensively addressed with the nuanced updates included in the 2024 Model Traffic Code. The updated Model Traffic Code allows Wheat Ridge employees to address
complaints that have only recently become an issue with the advent and addition of new
vehicle technology. The new and updated Model Traffic Code does not include dramatic additions or changes. However, it addresses many of the nuances that were in question with the above noted new vehicle technology and allows Wheat Ridge employees to address those concerns by advancing the legal standing to do so.
When addressing the local issues of concern, it is imperative that our municipal traffic codes do not conflict with the new 2024 Model Traffic Code when updating and changing our own codes to ensure consistency while addressing specific community concerns.
The 2024 Colorado Model Traffic Code has seen adjustments to the fee and fine schedule. Those areas that have seen small, relatively insignificant changes in the fee schedule generally reflect a reduction in fees or a continuation of tax credits specific to electric and hybrid motor vehicles. In addition, there appears to be a small adjustment to
certain commercial motor carrier chain law violations. Therefore, there will be no
financial impact to the City of Wheat Ridge traffic code whether the 2024 Model Traffic Code is or is not adopted as these changes do not impact any current laws incorporated in the Wheat Ridge Municipal Traffic Code.
The most identifiable changes in the 2024 Colorado Model Traffic Code are as follows:
• Additional rules surrounding the use of e-bikes: o Riders under 18 years of age must wear a helmet.
o Individuals under the age of 16 are not allowed to ride class 3 e-bikes, except as a passenger.
o Class 3 e-bikes are not allowed on bike paths unless the bike path is part
of a street.
o Local jurisdictions can prohibit the use of e-bikes (and scooters) on bicycle or pedestrian paths.
• New rules regarding cell phone usage:
o The use of hand-held cell phones while driving is banned.
• Minor fee changes include: o The addition of the fees for the noted e-bike and cell phone violations. o Continuation of tax credits for electric and hybrid vehicles.
• Language specific to new vehicle technology and equipment:
o Addressing automated driving vehicles and setting levels of automation. o Requiring a human driver in vehicles equipped with automated driving capabilities.
o Minor language changes related to the maintenance and specifications of commercial motor carriers. The adoption of the updated Model Traffic Code will allow the City of Wheat Ridge to employ these updated codes to address the complaints and protect the safety and quality
of life of the citizens of Wheat Ridge while maintaining the consistency required under the laws and guidance of the State of Colorado. The following terms represent the ideals laid out as guidance for the model traffic code and the adoption of that code and the terms under which the City of Wheat
Ridge is to operate within.
• “This article (electronic copy attached-2024 Model Traffic Code) 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 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:
o 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.
o 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.
o 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.
o 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.
The Wheat Ridge Police Department has worked in tandem with the Office of Law to ensure that the Model Traffic Code for Colorado and the City of Wheat Ridge Municipal Code conform to the above listed mandates and guidance. After reviewing it is
determined that the Wheat Ridge Municipal Traffic Code, after minor changes, does
conform with the requirements stipulated above. The review of the Model Traffic Code for compliance and agreement within the Wheat Ridge Municipal Traffic Code is not the appropriate time to address local changes to the
Municipal Traffic code and the issues unique or problematic within Wheat Ridge
although some of those issues will have been addressed within the new Model Traffic Code. Subsequent changes can be made to add or subtract Municipal Ordinances as deemed necessary for the safety and health of the Wheat Ridge Community.
NEXT STEPS:
First reading of the Wheat Ridge City ordinance adopting the 2024 Colorado Model traffic Code. ATTACHMENTS:
1. 2024 Colorado Model Traffic Code
1
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
November 2024 Revision 1.0
Colorado Department of Transportation
State of Colorado
ATTACHMENT 1
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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:
15
● 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.
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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;
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(b) Impose limitations as to the weight of trucks or commercial vehicles if the limitations are
designated by appropriate signs placed on the highway;
(c) Prohibit the operation of motor or off-highway vehicles upon a roughed-in road when
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.
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(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.
(C) A closure or restriction under this subsection (5) is effective when signs, including
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
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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).
(c) As used in 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.
(c) Local authorities shall enter in to agreements with one another for the establishment,
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
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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;
(c) Exceed the lawful speeds set forth in section 1101 (2) or exceed the maximum lawful speed
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
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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
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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
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(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.
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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.
(c) 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 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.
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(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.
(c) The aggregate amount of fines, penalties, or forfeitures collected pursuant to ordinances
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
26
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;
(C) reconcile payments against outstanding violations;
(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
27
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;
(C) the date, time and location of 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;
(C) the date, time, and location of 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.
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(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.
(c) Repealed by Laws 2021, Ch. 460 (H.B. 21-1314), § 16, eff. January 1, 2022.
(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.
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(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
(C) coordinate between the local jurisdiction, the department of transportation, and the
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.
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(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.
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(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;
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(c) not use, disclose, sell, or permit access to photographs, video, or personal identifiable
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;
(c) Regulating traffic by means of police officers or official traffic control devices, consistent
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;
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(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:
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(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.
(c) Subsection (1) of this section does not authorize a local authority to regulate or authorize
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.
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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.
(c) Paragraphs (a) and (b) of this subsection (1) shall not apply if:
36
(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;
(c) By an assessment of two license suspension points pursuant to section 42-2-127(5)(kk)
(4) For the purposes of this section:
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(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
(c) At a speed of greater than twelve and one-half miles per hour.
(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.
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(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
(c) The relative numbers of traffic accidents that occur within the area during the daytime
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
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(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
(C) Expand the establishment of wildlife crossing zones beyond the limits described in
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.
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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.
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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.
(c) Each exempt item may be moved on the roads, streets, and highways during daylight hours
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.
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(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.
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(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.
(c) Upon a showing of good cause that the required repairs or adjustments cannot be made
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.
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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.
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(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.
(c) Any trailer, when operated in conjunction with a vehicle which is properly equipped with
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;
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(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.
(c) If the clearance lamps required by this section are of such a design as to display lights
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.
(c) All such clearance reflectors shall be of a type approved by the department of revenue.
(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.
(c) All such side marker reflectors shall be of a type approved by the department of revenue.
(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.
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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
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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:
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(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).
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(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
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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
52
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.
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(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.
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(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).
(c) A low-speed electric vehicle may use the distribution of light authorized in section 216
(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
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that a low-power scooter shall not be equipped with nor shall any person use upon a low-
power scooter a siren or whistle.
(c) A low-power scooter shall be equipped with a brake that will enable the operator to make
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
(c) This subsection (3) shall not be construed to prohibit the use on any vehicle of
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.
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(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.
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(c) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in
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
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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.
(c) Every trailer or semitrailer of a gross weight of three thousand pounds or more, when
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:
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(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.
(c) Under the conditions stated in paragraph (a) of this subsection (2), the service brakes upon
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.
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(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.
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(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
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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.
(c) Nothing in this subsection (1) shall be construed to prevent the use of any window which is
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.
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(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.
(c) A tire shall be considered unsafe if it has:
(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.
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(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.
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(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
(c) One at a distance of approximately one hundred feet from the stopped vehicle in the
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.
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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.
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(b) The department shall set standards for a triangular slow-moving emblem for use on low-
speed electric vehicles.
(c) Bicycles, electrical assisted bicycles, electric scooters and other human-powered 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
(C) Having a manufacturer’s gross vehicle weight rating or gross combination rating of at
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.
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(c) "Motor carrier" means every person, lessee, receiver, or trustee appointed by any court
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;
(C) Not transporting hazardous materials requiring placarding;
(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.
(c) The Colorado state patrol has exclusive enforcement authority to conduct compliance
reviews, as defined in 49 CFR 385.3, and to impose civil penalties pursuant to the reviews.
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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
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(C) Enforce with respect to these vehicles all requirements relating to the use of
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
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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.
(c) “Seating position” means any motor vehicle interior space intended by the motor vehicle
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.
(c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or
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;
(c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402(4)(a),
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.)
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(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:
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(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;
(c) A peace officer as described in section 16-2.5-101, while performing official duties so long
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.
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(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
(c) A member of a volunteer fire department or a volunteer ambulance service who possesses
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);
or
(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.
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(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.
(c) “Use” means talking on or listening to a wireless telephone or engaging the wireless
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).
(c) If the person’s actions are the proximate cause of death 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).
(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.
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(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.
(c) A towing carrier may permit an owner of the vehicle to be towed to retrieve any personal
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.
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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.
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Part 3
Emissions Inspection
(Omitted)
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Part 4
Diesel Inspection Program
(Omitted)
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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
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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
(c) Stinger-steered vehicle combinations for transporting automobiles or boats and whose total
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;
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(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.
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(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.
(c) An unladen truck tractor, a semitrailer, and a single trailer, one trailer of which is not
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.
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(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;
(c) When the wheels attached to a tandem axle are equipped with pneumatic tires, thirty-six
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?)
(c) A vehicle contracted by or owned and operated by a local authority or special district is
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:
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(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.
(c) Notwithstanding any other provisions of this section, except as may be authorized under
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.
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(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
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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
(C) The owner and operator of the motor vehicle are in compliance with the federal
“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.
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(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,
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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,
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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.
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(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;
(C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per
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;
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(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
(C) Single-trip permit, fifteen dollars plus ten dollars per axle.
(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.
(c) A local authority with regard to a local permit may, after a hearing, revoke, suspend,
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.
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(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.
(c) Any local authority that adopts or has adopted an ordinance or resolution governing
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.
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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.
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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.
(c) Steady red indication:
(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
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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.
(C) To promote uniformity in traffic regulation throughout the state and to protect the
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.
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(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.
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(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;
(c) Stop or decrease speed, hand and arm extended downward.
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(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.
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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
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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:
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(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
(c) The person who commits a moving traffic violation in a wildlife crossing zone commits the
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
(C) indicates that a driver is at the end of the steep downhill grade zone; or
(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.
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(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.
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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
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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
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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
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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
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(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;
(c) Any railroad grade crossing at which traffic is controlled by a police officer or human
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.
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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
(c) Shall not proceed until the crossing can be made safely.
(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
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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:
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(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:
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(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.
(c) this subsection (2) does not require a person who is driving a vehicle that is entering,
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.
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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.
(c) “Don’t Walk” (flashing): Whenever the “Don’t Walk” indication is flashing, no pedestrian
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.
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(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.
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(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.
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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.
(c) Two-way left-turn lanes. Where a special lane for making left turns by drivers proceeding
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.
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(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.
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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;
(c) Upon a roadway divided into three lanes for traffic under the rules applicable thereon; or
(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:
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(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.
(c) Except when overtaking and passing on the right is permitted, the driver of an overtaken
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
(c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction
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.
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(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
(c) When the view is obstructed upon approaching within one hundred feet of any bridge,
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);
(c) To the driver of a vehicle turning left 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; or
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(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.
(c) Official traffic control devices may be erected directing specified traffic to use a
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
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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.
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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).
(c) Wherever a deceleration lane has been provided in conjunction with a ramp leaving 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.
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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
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(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.
(c) Local authorities, with respect to streets and highways under their respective jurisdictions,
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.
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(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.
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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);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102(80);
(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.
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(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.
(c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum lawful
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:
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(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;
or
(c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds
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.
(c) A violation under subsection (3) of this section is a class A traffic infraction.
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.
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(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.
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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.
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(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.
(c) A person who violates any provision of this subsection (1) commits a class 1 misdemeanor
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.
(c) A person who violates any provision of this subsection (2) commits a class 2 misdemeanor
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.
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(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.
(c) An order issued under this subsection (5) shall state the requirements included in
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.
(c) The time spent by a law enforcement agency in locating a motor vehicle in accordance
with this subsection (6) shall not alter the immobilization period ordered by the court under
subsection (5) of this section.
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(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).
(c) The failure of the owner of the immobilized motor vehicle to request removal of the
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.
(c) A person who violates any provision of this subsection (8) commits a class 2 misdemeanor
traffic offense.
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(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.
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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:
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(a) On a sidewalk;
(b) Within an intersection;
(c) On a crosswalk;
(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;
(c) Within twenty feet of a crosswalk at an intersection;
(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;
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(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).
(c) Subsections (2)(a), (2)(c), and (2)(d) of this section do not apply to a bicycle, electrical
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
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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.
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(c) “Identifying figure” has the same meaning as set forth in section 42-3-204.
(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.
(c) A person with a disability who is a resident of a state other than Colorado may use reserved
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.
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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).
(C) Access aisles should post "Wheelchair Access Aisle Absolutely No Parking" sign, which
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.
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(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.
(c) A person shall not use reserved parking for a commercial purpose unless:
(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).
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(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
(c) Knowingly creates or uses a device intended to give the impression that it is an identifying
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.
(c) A peace officer and the department may investigate an allegation that a person is violating
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
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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.
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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.
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(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.
(c) A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor
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:
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(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.
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Part 13
Alcohol And Drug Offenses
(Omitted)
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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.
(2)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person
who violates any provision of this section commits a class 2 misdemeanor traffic offense.
(b) If the person's actions are the proximate cause of bodily injury to another, such person
commits a class 1 misdemeanor traffic offense.
(c) If the person's actions are the proximate cause of death to another, such person commits a
class 1 misdemeanor traffic offense.
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;
(c) A person providing emergency services within a right-of-way;
(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;
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(III) A skateboard;
(IV) Roller skates;
(V) In-line skates;
(VI) A scooter;
(VII) A moped;
(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.
(c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a
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.
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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
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).
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(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,
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;
or
(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
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(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.
(b) “Recyclables” means material or objects that can be reused, reprocessed,
remanufactured, reclaimed, or recycled.
(c) “Trash” means material or objects that have been or are in the process of being discarded
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.
(c) Any person who violates any provision of this section while driving or moving a car or
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);
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(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;
(c) Trailers equipped with fenders or utility pole trailers;
(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
(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.
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(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.
(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.
(c) In addition to the penalties prescribed in paragraphs (a) and (b) of this subsection (4), any
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
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(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
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.
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(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.
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
(C) Taking reasonably necessary precautions to avoid hazards or road conditions.
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(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:
(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.
(c) A person operating a bicycle, electrical assisted bicycle, or electric scooter upon a one-way
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
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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.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the
transportation commission and local authorities in their respective jurisdictions may cause
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.
(c) A person riding or walking a bicycle, electrical assisted bicycle, or electric scooter upon
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.
(c) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road at any
angle to the curb or edge of the road at any location where parking is allowed.
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(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.
(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
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(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.
(c) A violation of subsection (15)(b) of this section does not constitute negligence or
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.
(c) 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 approaching an
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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
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;
or
(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.
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1413. Eluding or attempting to elude a police officer.
Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a
state law or municipal ordinance, who has received a visual or audible signal such as a red light or
a siren from a police officer driving a marked vehicle showing the same to be an official police,
sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a
stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to
elude such police officer, or willfully attempts in any other manner to elude the police officer, or
does elude such police officer commits a class 2 misdemeanor traffic offense.
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).
(c) Any person who commits a third or subsequent 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).
(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).
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(5) The provisions of subsection (1) of this section shall not apply to peace officers acting in their
official capacity.
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.
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(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.
(c) "Public transportation vehicle" means a bus, a train, a light rail vehicle, or any other mode
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.
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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:
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(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.
(c) A person driving or riding an autocycle need not wear a helmet 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.
(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.
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Part 16
Accidents And Accident Reports
(Omitted)
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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.
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(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
A $15.00 Penalty $100.00 Penalty
B $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
1 Ten days imprisonment, or $300 fine, or
both
One year imprisonment, or $1,000 fine,
or both
2 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.
(c) The department has no authority to assess any points under section 42-2-127, upon entry of
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,
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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
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(C) Traffic regulation generally:
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.
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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) Emissions 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
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(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
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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
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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
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(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
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(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
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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
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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.
(C) Any person who fails to have an escort vehicle when such vehicle is required by the
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.
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(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
(C) A fine of not less than one thousand dollars but not more than five thousand dollars,
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.
(C) If a fine is doubled under subparagraph (I) or (II) of this paragraph (c), one-half of the
fine allocated to the state by sections 42-1-217 and section 205, shall be transferred to
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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.
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(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.
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(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
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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;
(C) The alleged violation has caused, or contributed to the cause of, an accident
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
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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
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(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;
(c) When the person is arrested and charged with DUI, DUI per se, or UDD;
(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
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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
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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-
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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
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this
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.
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(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.
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(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;
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(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
(c) An advisement to the minor that:
(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.
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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.
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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.
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(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.
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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;
(c) Any motor vehicle stored in an impound lot at the request of a law enforcement agency
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.
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(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.
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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.
(c) The report shall contain the following information:
(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.
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(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.
(c) The responsible law enforcement agency shall include in the notices sent pursuant to
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
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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
(C) A description of the motor vehicle, including the make, model, color, and year 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
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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
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(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.
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(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.
(c) Any balance remaining after payment pursuant to paragraphs (b) and (b.5) of this
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.
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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.
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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
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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.
(c) The alternating flashing yellow lights shall be actuated at least two hundred feet prior to
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.
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(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
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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).
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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
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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.
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(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;
(c) An adjudication of delinquency under title 19;
(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;
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(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.
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(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.
(c) “Class 3 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-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
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(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.
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(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;
(c) An empty weight of not more than one thousand three hundred pounds; and
(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
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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;
(c) For notifications regarding driving privileges or identification cards when there is no
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:
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(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;
(c) Does not use handlebars to steer; and
(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
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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.
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(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.
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(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
powered by the motor that powers the locomotion of the motor vehicle.
(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.
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(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.
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(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.
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(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;
(c) "Streetcar", which means a car other than a railroad train for transporting persons or
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.
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(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.
(c) “Toy vehicle” does not include off-highway vehicles or snowmobiles.
(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).
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(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.
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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.
(c) Penalties. Any penalties shall be subject to sections 31-16-204 or 30-35-404.
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
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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.
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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).
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(For use by Home Rule Towns and Cities– Delete from Ordinance))
(c) In addition to Section 4. Penalties.(b), every person convicted of a violation of any provision
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}
(c) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by
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)
MEMORANDUM
To: City Council
From: Gerald Dahl, City Attorney
Date: October 17, 2024
Re: Natural medicine regulation
______________________________________________________________________________
The Colorado General Assembly has recently enacted Senate Bill 23-290, codified at CRS 44- 50-101, creating a regulatory structure for the operation of licensed facilities for the supervised use of natural medicines by individuals age 21 and over. The Act creates a state agency responsible for licensing and registration of facilities and related businesses that provide for the
use, cultivation, manufacture, and testing of these substances. Further, the state licensing
authority will not issue licenses for any building which is within 1000 feet of a childcare center, preschool, elementary, middle, junior high school, or residential childcare facility.
While the state statute does not require local governments to enact any local regulations of natural medicine businesses, the City has the authority to do so, and several municipalities across
the state have chosen to enact various forms of regulation, while other communities have decided
not to. Under the Act, the City may regulate the time, place and manner of the operation of healing centers licensed by the state but may not prohibit the uses entirely. The City may not prohibit licensed health care facilities or individuals from providing natural medicine services within the City, nor may it prohibit the transportation of natural medicine on public roads within
the City. Finally, according to the Act, the City may not impose regulations that are
“unreasonable or in conflict with the [Act].” The intent and effect of the Act is to decriminalize the use and possession (but not the sale, except in the context of a healing center) of certain “natural medicine” (defined at section 12-
170-103(h) of the Act), and to adopt a medical model for those substances that recognizes both
the emerging science on the efficacy of the medical use of such substances when combined with therapy, as well as the cultural significance of the substances to some groups of people. Under the Act, it will be lawful for a “facilitator” that has been licensed by the state to provide,
within a licensed “healing center,” an “administration session” at which an individual may
purchase, consume and experience the effects of a natural medicine. The Act requires that regulations are to be prepared and enforced by the state to include requirements for a “preparation session” prior to an “administration session,” and that the “administration session” be followed by an “integration session.” The Act also provides that the state regulations “shall
include” rules that “allow for locations not owned by a healing center where natural medicine
Memo re natural medicine October 17, 2024
Page 2
710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960
services may be provided by licensed facilitators, including but not limited to, health care facilities and private residences.” These various regulations are now being prepared by the state and must be in place by September 30, 2024. Thereafter, the state is to begin accepting applications for healing center licenses and must act on an application within 60 days of its receipt.
Under the Act, it is also lawful for an individual: 1. to possess, store, use, purchase, transport or give away natural medicine for personal use without compensation to a person twenty-one years of age or older; and
2. to grow or process natural medicine for personal use if the growing is done in or on the grounds of a private residence and the growing area is secured from access from persons under twenty-one years of age.
As noted above, except in the context of a sale within a healing center for the purposes of an administration session (or a sale to a healing center or facilitator by a natural medicine grower or manufacturer), the sale of natural medicine remains unlawful under the Act and related state laws.
There are several options available to the Council as it considers whether to regulate natural medicine businesses. Based upon my research, one or a combination of the following options are available to the Council:
1. Enact zoning regulations defining “healing centers” and provide for zone districts where such centers will be permitted to operate. In the communities that have chosen to do this,
healing centers are typically permitted in the same locations as for medical office uses.
2. Limit the location of healing centers, whether by zone district, by distance limitations from other uses, or both.
3. Limit the times of day during which such uses may operate.
4. Impose other limitations on operation.
5. Require licensure for natural medicine businesses.
The municipalities which have chosen not to regulate locally at this time, have made this decision based on a few factors: (1) the state rules on the subject are presently fairly comprehensive, (2) lack of resources to enforce/regulate locally and (3) the concern of whether
or even how to regulate locally now. It is important to note that the state regulations already
preclude the operation of these facilities within 1000 feet of schools and childcare facilities as noted.
Memo re natural medicine October 17, 2024
Page 2
710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960
Staff would appreciate direction from the Council on whether, and if so to what degree, Council wishes to regulate these activities. Even in the event Council chooses not to act at this time, this does not preclude the Council from acting in the future after the nature of these businesses becomes better known and understood.
ATTACHMENT:
1. Senate Bill 23-290
·.·.
SENA TE BILL 23-290
BY SENA TOR(S) Fenberg, Bridges, Ginal, Jaquez Lewis, Marchman,
Priola;
also REPRESENTATIVE(S) Amabile, Garcia, McCormick, Valdez. CONCERNING NATURAL MEDICINE, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-170-102, amend
( 1 )(b ); and add (2) as follows:
12-170-102. Legislative declaration. (1) The voters of the state of
Colorado find and declare that:
(b)Coloradans are experiencing problematic mental health issues,
including but not limited to suicidality, addiction, END-OF-LIFE DISTRESS,
depression, and anxiety.
(2)THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a)CONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. ATTACHMENT 1
.. ,
.. ,.,..
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
CUL TURES, AND RELIGIONS IF NATURAL MEDICINE IS OVERLY COMMODIFIED,
COMMERCIALIZED, AND EXPLOITED IN A MANNER THAT RES UL TS IN THE
ERASURE OF IMPORTANT CULTURAL AND RELIGIOUS CONTEXT;
(b)CONSIDERABLE HARM MAY OCCUR TO THE FEDERALLY
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE, COMMUNITIES,
CUL TURES, AND RELIGIONS IF FACILITATORS, HEALING CENTERS, AND OTHER
NATURAL MEDICINE LICENSEES WITH MINIMAL OR NO CONNECTION TO
TRADITIONAL USE OF NATURAL MEDICINE MISAPPROPRIATE OR EXPLOIT
TRIBAL AND INDIGENOUS CUL TURES AND RELIGIONS;
( c)IT IS THE GENERAL ASSEMBLY'S INTENT TO ENSURE THAT THE
FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS ARE HONORED AND RESPECTED AS
THE STATE LEGALIZES AND REGULATES NATURAL MEDICINE. BY ENACTING
LAWS, RULES, AND ORDERS TO IMPLEMENT THIS ARTICLE 170 AND ARTICLE
50 OF TITLE 44, THE GENERAL ASSEMBLY, DIVISION, AND STATE LICENSING
AUTHORITY SHALL CONSIDER THE POTENTIAL FOR DIRECT AND INDIRECT
HARM THAT MAY OCCUR TO THE FED ERA LL Y RECOGNIZED AMERICAN TRIBES
AND INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS THAT
HA VE A CONNECTION TO NATURAL MEDICINE; AND
( d)AL THOUGH THERE MAY BE TREMENDOUS POTENTIAL IN UTILIZING
NATURAL MEDICINE FOR MANAGING VARIOUS MENTAL HEAL TH CONDITIONS,
HEALING, AND SPIRITUAL GROWTH, THIS POTENTIAL MUST BE
APPROPRIATELY BALANCED WITH THE HEALTH AND SAFETY RISKS THAT IT
COULD POSE TO CONSUMERS AS WELL AS THE CULTURAL HARMS IT COULD
POSE TO THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS
AND TRADITIONAL COMMUNITIES THAT HA VE CONNECTIONS TO NATURAL
MEDICINE.
SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-103 as follows:
12-170-103. Applicability of common provisions. ARTICLES 1 AND
20 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS ARTICLE
170.
SECTION 3. In Colorado Revised Statutes, repeal and reenact,
PAGE 2-SENATE BILL 23-290
with amendments, 12-170-104 as follows:
12-170-104. Definitions. As USED IN THIS ARTICLE 170, UNLESS THE
CONTEXT OTHERWISE REQUIRES: (1)"ADMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
A HEALING CENTER, OR ANOTHER LOCATION AS ALLOWED BY THIS ARTICLE
170 AND ARTICLE 50 OF TITLE 44, DURING WHICH A PARTICIPANT CONSUMES
AND EXPERIENCES THE EFFECTS OF REGULATED NATURAL MEDICINE OR
REGULATED NATURAL MEDICINE PRODUCT UNDER THE SUPERVISION OF A
FACILITATOR.
(2)"BOARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
BOARD CREATED IN SECTION 12-170-106.
(3)"DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE
DIRECTOR'S DESIGNEE.
(4)"DIVISION" MEANS THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
12-20-103.
( 5)"F AC I LIT A TION" MEANS THE PERFORMANCE AND SUPERVISION OF
NATURAL MEDICINE SERVICES FOR A PARTICIPANT.
(6)"FACILITATOR" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE
YEARS OF AGE OR OLDER; HAS THE NECESSARY QUALIFICATIONS, TRAINING,
EXPERIENCE, AND KNOWLEDGE, AS REQUIRED PURSUANT TO THIS ARTICLE
170 OR RULES PRO MULGA TED PURSUANT TO THIS ARTICLE 170, TO PERFORM
AND SUPERVISE NATURAL MEDICINE SERVICES FOR A PARTICIPANT; AND IS
LICENSED BY THE DIRECTOR TO ENGAGE IN THE PRACTICE OF FACILITATION.
(7)"FEDERALLY RECOGNIZED AMERICAN TRIBE" HAS THE SAME
MEANING AS "INDIAN TRIBE" AS DEFINED BY THE FEDERAL "FEDERALLY
RECOGNIZED INDIAN TRIBE LIST ACT OF 1994", AS AMENDED. (8)"HEALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
LICENSED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE 50 OF
TITLE 44 THAT PERMITS A FACILITATOR TO PROVIDE AND SUPERVISE
NATURAL MEDICINE SERVICES FOR A PARTICIPANT.
PAGE 3-SENA TE BILL 23-290
,: (9)"HEAL TH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
CERTIFIED, OR OTHER WISE PERMITTED BY LAW TO ADMINISTER MEDICAL
TREATMENT IN THIS ST A TE, INCLUDING A HOSP IT AL, CLINIC, HOSPICE ENTITY,
COMMUNITY MENTAL HEAL TH CENTER, FEDERALLY QUALIFIED HEAL TH
CENTER, RURAL HEAL TH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
ALL-INCLUSIVE CARE FOR THE ELDERLY, LONG-TERM CARE FACILITY,
CONTINUING CARE RETIREMENT COMMUNITY, OR OTHER TYPE OF ENTITY
WHERE HEAL TH CARE IS PROVIDED. (10)"INTEGRATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
ADMINISTRATION SESSION. (11)"LOCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
CITY AND COUNTY. (12) (a) "NATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES:(I)PSILOCYBIN; OR(II)PSILOCYN.(b)IN ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (12)(a)OF THIS SECTION, "NATURAL MEDICINE" INCLUDES: (I)DIMETHYLTRYPTAMINE, IF RECOMMENDED BY THE BOARD AND
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE ST ATE
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026; (II)IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE ST A TE LICENSING
AUTHORITY; OR (III)MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE LICENSING
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026. (c)"NATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (12)(a) AND ( 12)(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
PAGE 4-SENATE BILL 23-290
·•·
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
CHEMICAL SYNTHESIS, CHEMICAL MODIFICATION, OR CHEMICAL
CONVERSION. (d)NOTWITHSTANDING SUBSECTION (12)(b)(III) OF THIS SECTION,
"MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE,
WHETHER GROWING OR NOT; ITS SEED; ANY EXTRACT FROM ANY PART OF
THE PLANT, AND EVERY COMPOUND, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS. (13)"NATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION. (14)"NATURAL MEDICINE SERVICES" MEANS A PREPARATION
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
PURSUANT TO THIS ARTICLE 170. (15)"PARTICIPANT" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE
YEARS OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR. (16)"PREPARATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE AN ADMINISTRATION
SESSION. "PREPARATION SESSION" DOES NOT MEAN AN INITIAL
CONSULTATION, AN INQUIRY, OR RESPONSE ABOUT NATURAL MEDICINE
SERVICES. ( 17)"REGULATED NATURAL MEDICINE" MEANS NATURAL MEDICINE
THAT IS CULTIVATED, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO ARTICLE 50 OF
TITLE 44. ( 18)"REGULATED NATURAL MEDICINE PRODUCT" MEANS NATURAL
MEDICINE PRODUCT THAT IS CULTIVATED, MANUFACTURED, TESTED, STORED,
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
ARTICLE 50 OF TITLE 44. ( 19)"REMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING
MONEY, REAL PROPERTY, TANGIBLE AND INT ANG IBLE PERSONAL PROPERTY, PAGE 5-SENATE BILL 23-290
.......
....
CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
(20)"STATE LICENSING AUTHORITY" MEANS THE AUTHORITY
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORING,
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
REGULA TED NATURAL MEDICINE AND REGULATED NATURAL MEDICINE
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.
SECTION 4. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-105 as follows:
12-170-105. Director powers and duties -prohibition -rules.( 1)IN ADDITION TO ANY OTHER POWERS AND DUTIES GRANTED OR IMPOSED
ON THE DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY OTHER LAW,
THE DIRECTOR HAS THE FOLLOWING POWERS AND DUTIES:
(a)To PROMULGATE RULES PURSUANT TO SECTION 12-20-204
CONCERNING THE FOLLOWING SUBJECTS: (I)REQUIREMENTS FOR THE SAFE PROVISION OF REGULA TED
NATURAL MEDICINE, REGULATED NATURAL MEDICINE PRODUCT, AND
NATURAL MEDICINE SERVICES TO A PARTICIPANT, INCLUDING:
(A)PARAMETERSFORAPREPARATION SESSION,AN ADMINISTRATION
SESSION, AND AN INTEGRATION SESSION, INCLUDING REQUIREMENTS FOR
PROVIDING AND VERIFYING THE COMPLETION OF EACH SESSION; WHETHER
ANY OF THE SESSIONS MAY BE CONDUCTED USING TELEPHONE OR
AUDIO-VISUAL COMMUNICATION TECHNOLOGY; AND ANY TIMELINESS
REQUIREMENTS FOR WHEN EACH SESSION MUST BE COMPLETED IN RELATION
TO THE OTHER SESSIONS;
(B)HEAL TH AND SAFETY WARNINGS THAT MUST BE PROVIDED TO A
PARTICIPANT BEFORE THE PREPARATION SESSION, ADMINISTRATION SESSION,
AND INTEGRATION SESSION BEGIN;
(C)EDUCATIONAL MATERIALS THAT MUST BE PROVIDED TO A
PARTICIPANT BEFORE THE PREPARATION SESSION,ADMINISTRATION SESSION,
PAGE 6-SENA TE BILL 23-290
. ,·
AND INTEGRATION SESSION BEGIN;
(D)A FORM THAT A PARTICIPANT, FACILITATOR, AND AN
AUTHORIZED REPRESENTATIVEOFTHE HEALINGCENTERMUSTSIGN, UNLESS
THE FACILITATOR IS A SOLE PRACTITIONER, THEN ONLY THE PARTICIPANT
AND FACILITATOR MUST SIGN, BEFORE THE PREPARATION SESSION,
ADMINISTRATION SESSION, AND INTEGRATION SESSION BEGIN. AT A
MINIMUM, THE FORM MUST PROVIDE THAT THE PARTICIPANT PROVIDED THE
PARTICIPANT'S COMPLETE AND ACCURATE HEALTH INFORMATION TO THE
FACILITATOR AND THAT THE FACILITATOR PROVIDED TO THE PARTICIPANT
IDENTIFIED RISK FACTORS BASED UPON THE PARTICIPANT'S PROVIDED
HEALTH INFORMATION AND DRUG CONTRAINDICATIONS; PARTICIPANT
EXPECTATIONS OF THE NATURAL MEDICINE SERVICES; PARAMETERS FOR
PHYSICAL CONTACT DURING NATURAL MEDICINE SERVICES, THE
REQUIREMENT OF INFORMED CONSENT PERMITTING PHYSICAL CONTACT, AND
THE RIGHT TO WITHDRAW CONSENT FOR PHYSICAL CONTACT; AND RISKS OF
PARTICIPATING IN NATURAL MEDICINE SERVICES.
(E)PROPER SUPERVISION BY THE FACILITATOR DURING THE
ADMINISTRATION SESSION, AND REQUIREMENTS TO ENSURE THAT THE
PARTICIPANT HAS A DISCHARGE PLAN OR SAFE TRANSPORTATION FROM THE
HEALING CENTER;
(F)PROVISIONS FOR GROUP ADMINISTRATION SESSIONS, INCLUDING
REQUIREMENTS FOR AN ADMINISTRATION SESSION THAT HAS ONE OR MORE
FA CI LIT A TORS PERFORMING AND SUPERVISING THE ADMINISTRATION SESSION
FOR MORE THAN ONE PARTICIPANT;
(G)PROVISIONS TO PERMIT A FACILITATOR TO REFUSE TO PROVIDE
NATURAL MEDICINE SERVICES TO A PERSON BASED UPON HEALTH AND
SAFETY RISKS, OR CIRCUMSTANCES PROMULGATED BY RULE; AND
(H)THE DOSAGE LIMIT OF REGULATED NATURAL MEDICINE OR
REGULA TED NATURAL MEDICINE PRODUCT THAT MAY BE PROVIDED TO A
PARTICIPANT FOR CONSUMPTION DURING AN ADMINISTRATION SESSION. (II)REQUIREMENTS FOR THE LICENSING OF FACILITATORS, PRACTICE
OF FACILITATION, AND PROFESSIONAL CONDUCT OF FACILITATORS,
INCLUDING:
PAGE 7-SENATE BILL 23-290
(A)THE FORM AND PROCEDURES FOR APPL YING FOR A NEW LICENSE
OR RENEWING OR REINSTATING A LICENSE ISSUED PURSUANT TO THIS
ARTICLE 170; (B)THE EDUCATIONAL AND EXPERIENTIAL REQUIREMENTS AND
QUALIFICATIONS FOR AN INDIVIDUAL TO BECOME A FACILITATOR, INCLUDING
EDUCATION AND TRAINING ON PARTICIPANT SAFETY, DRUG INTERACTIONS,
CONTRAINDICATIONS, MENTAL HEAL TH AND STATE, PHYSICAL HEALTH AND
STATE, SOCIAL AND CULTURAL CONSIDERATIONS, PREPARATION,
ADMINISTRATION, INTEGRATION, AND ETHICS. THE EDUCATIONAL
REQUIREMENTS MUST NOT REQUIRE A PROFESSIONAL LICENSE OR
PROFESSIONAL DEGREE OTHER THAN A FACILITATOR LICENSE ISSUED
PURSUANT TO THIS ARTICLE 170, EXCEPTTHAT IF THEREARE MULTIPLETIERS
OF FACILITATOR LICENSES, AN ADVANCED TIER OF FACILITATOR LICENSES
MAY REQUIRE ANOTHER PROFESSIONAL LICENSE OR PROFESSIONAL DEGREE;
(C)OVERSIGHT AND SUPERVISION REQUIREMENTS, INCLUDING
PROFESSIONAL RESPONSIBILITY STANDARDS AND CONTINUING EDUCATION
REQUIREMENTS; (D)ESTABLISHMENT OF PROFESSIONAL STANDARDS OF CONDUCT TO
PRACTICE FACILITATION, OR A LICENSE, REGISTRATION, PERMIT, OR
CERTIFICATION PURSUANT TO THIS ARTICLE 170;
(E)PARAMETERS FOR PHYSICAL CONTACT WITH A PARTICIPANT
DURING NATURAL MEDICINE SERVICES, INCLUDING REQUIREMENTS FOR
OBTAINING SIGNED INFORMED CONSENT FOR PERMISSIBLE PHYSICAL
CONTACT AND PERMITTING A PARTICIPANT TO WITHDRAW CONSENT FOR
PERMISSIBLE PHYSICAL CONTACT WITH A PARTICIPANT IN ANY MANNER AND
AT ANY TIME; (F)PERMITTING REM UN ERA TION FOR THE PROVISION OF NATURAL
MEDICINE SERVICES; (0)PERMITTING PROVISION OF GROUP ADMINISTRATION SESSIONS BY
ONE FACILITATOR WHO IS PERFORMING AND SUPERVISING THE
ADMINISTRATION SESSION FOR MORE THAN ONE PARTICIPANT, AND
ESTABLISH A LIMIT ON THE TOTAL NUMBER OF PARTICIPANTS WHO MAY
PARTICIPATE IN A GROUP ADMINISTRATION SESSION THAT IS PERFORMED AND
SUPERVISED BY ONE FACILITATOR;
PAGE 8-SENATE BILL 23-290
(H)RECORD-KEEPING, PRIVACY, AND CONFIDENTIALITY
REQUIREMENTS FOR LICENSEES, REGISTRANTS, PERMITTEES, AND
CERTIFICATE HOLDERS, INCLUDING PROTECTIONS PREVENTING DISCLOSURE
OF A PROSPECTIVE PARTICIPANT'S OR PARTICIPANT'S PERSONALLY
IDENTIFIABLE INFORMATION TO THE PUBLIC, THIRD PARTIES, OR ANY
GOVERNMENT AGENCY, EXCEPT AS ALLOWED FOR PURPOSES EXPRESSLY
ST A TED PURSUANT TO THIS ARTICLE 170, RULES PROMULGATED PURSUANT
TO THIS ARTICLE 170, ARTICLE 50 OF TITLE 44, RULES PROMULGATED
PURSUANT TO ARTICLE 50 OF TITLE 44, OR FOR STATE OR LOCAL LAW
ENFORCEMENT AGENCIES TO ACCESS RECORDS AND INFORMATION FOR
OTHER STATE OR LOCAL LAW ENFORCEMENT. THE INFORMATION OR
RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
DESCRIBED IN SECTION 24-72-204 (3)(a)(I), AND THE INFORMATION OR
RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
WITH AN ACTIVE INVESTIGATION OR PROCEEDING.
(I)PARAMETERS FOR A FACILITATOR'S PERMISSIBLE AND PROHIBITED
FINANCIAL INTERESTS IN A HEALING CENTER, LICENSE PURSUANT TO THIS
ARTICLE 170, OR LICENSE PURSUANT TO ARTICLE 50 OF TITLE 44; EXCEPT
THAT A FACILITATOR MAY NOT HAVE A FINANCIAL INTEREST IN MORE THAN
FIVE NATURAL MEDICINE BUSINESS LICENSES PURSUANT TO ARTICLE 50 OF
TITLE 44.
(J)PARAMETERS FOR A FACILITATOR TO PROVIDE AND SUPERVISE
NATURAL MEDICINE SERVICES AT AN AUTHORIZED LOCATION THAT IS NOT A
HEALING CENTER'S LICENSED PREMISES, INCLUDING A HEAL TH-CARE
FACILITY OR A PRIVATE RESIDENCE; (K)STANDARDS FOR ADVERTISING AND MARKETING A LICENSEE'S
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN TRIBES AND
INDIGENOUS PEOPLE, COMMUNITIES, CULTURES, AND RELIGIONS; A VOIDING
THE EXCESSIVE COMMERCIALIZATION OF NATURAL MEDICINE, NATURAL
MEDICINE PRODUCT, AND NATURAL MEDICINE SERVICES; PROHIBITING
ADVERTISING AND MARKETING OF NATURAL MEDICINE, NATURAL MEDICINE
PRODUCT, AND NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS
WHO ARE UNDER TWENTY-ONE YEARS OF AGE; AND OTHER PARAMETERS
DETERMINED NECESSARY BY THE DIRECTOR.
(III)ANY RULES NECESSARY TO DIFFERENTIATE BETWEEN THE TYPES
PAGE 9-SENATE BILL 23-290
... -r
.......
OF REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT PROVIDED FOR PARTICIPANT CONSUMPTION DURING AN
ADMINISTRATION SESSION BASED ON QUALITIES, TRADITIONAL USES, AND
SAFETY PROFILE; (IV)ANY RULES DETERMINED NECESSARY BY THE DIRECTOR
RELATED TO THE POWERS OR DUTIES GRANTED OR IMPOSED ON THE
DIRECTOR PURSUANT TO THIS ARTICLE 170 OR BY ANY OTHER LAW; AND (V)ANY OTHER MATTERS DETERMINED NECESSARY BY THE
DIRECTOR TO IMPLEMENT OR ADMINISTER THIS ARTICLE 170. (b)BEGINNING ON OR BEFORE DECEMBER 31, 2024, TO REVIEW
APPLICATIONS IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR
FOR NEW LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES AFTER
PAYMENT OF THE REQUIRED FEE AND TO GRANT OR DENY LICENSES,
REGISTRATIONS, PERMITS, OR CERTIFICATES AS PROVIDED IN THIS ARTICLE
170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170. THE
DIVISION SHALL PRIORITIZE REVIEWING APPLICATIONS FROM APPLICANTS
WHO HA VE ESTABLISHED RESIDENCY IN COLORADO. (c)To ESTABLISH LICENSES, REGISTRATIONS, PERMITS, OR
CERTIFICATES DETERMINED NECESSARY BY THE DIRECTOR TO IMPLEMENT OR
ADMINISTER THIS ARTICLE 170, AND TO ESTABLISH ELIGIBILITY
REQUIREMENTS AND PRIVILEGES UNDER THE LICENSES, REGISTRATIONS,
PERMITS, OR CERTIFICATES; ( d)TO EST A BLISH, WHEN FINANCIALLY FEASIBLE, PROCEDURES,
POLICIES, AND PROGRAMS TO ENSURE THIS ARTICLE 170 AND RULES
PROMULGATED PURSUANT TO THIS ARTICLE 170 ARE EQUITABLE AND
INCLUSIVE AND PROMOTE THE LICENSING, REGISTRATION, AND PERMITTING
OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT TO, PERSONS FROM COMMUNITIES THAT HA VE BEEN
DISPROPORTIONATELY HARMED BY HIGH RA TES OF ARREST FOR CONTROLLED
SUBSTANCES, PERSONS WHO FACE BARRIERS TO HEALTH-CARE ACCESS,
PERSONS WHO HA VE TRADITIONAL, TRIBAL, OR INDIGENOUS HISTORY WITH
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, OR TO PERSONS WHO
ARE VETERANS. THE DIRECTOR MAY CONSULT THE BOARD WHEN
CONSIDERING PROCEDURES, POLICIES, AND PROGRAMS PURSUANT TO THIS
SUBSECTION (l)(d).
PAGE 10-SENA TE BILL 23-290
( e)To CONDUCT INVESTIGATIONS AND HEARINGS, GATHER
EVIDENCE, AND PURSUE DISCIPLINARY ACTIONS PURSUANT TO SECTIONS
12-20-403, 12-20-404, AND24-4-105,ANDTHISARTICLE 170, WITH RESPECT
TO LICENSES, REGISTRATIONS, PERMITS, OR CERTIFICATES WHEN THE
DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL OR
ENTITY IS VIOLATING THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT
TO THIS ARTICLE 170;(f)TO TAKE DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN
SECTION 12-20-404 OR LIMIT THE SCOPE OF PRACTICE OF AN APPLICANT,
LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER UPON PROOF
OF A VIOLATION OF THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT
TO THIS ARTICLE 170; (g)To ISSUE CEASE-AND-DESIST ORDERS UNDER THE
CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN
SECTION 12-20-405;
(h)(I) TO PETITION A DISTRICT COURT FOR AN INVESTIGATIVE
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED, REGISTERED,
PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 TO OBTAIN
DOCUMENTS OR INFORMATION NECESSARY TO ENFORCE A PROVISION OF THIS
ARTICLE 170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 170
AFTER REASONABLE EFFORTS HA VE BEEN MADE TO OBTAIN REQUESTED
DOCUMENTS OR INFORMATION WITHOUT A SUBPOENA; (II)TO APPLY TO ANY COURT OF COMPETENT JURISDICTION TO
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
ACT IN QUESTION OF AN INDIVIDUAL WHO OR ENTITY THAT IS NOT LICENSED,
REGISTERED, PERMITTED, OR CERTIFIED PURSUANT TO THIS ARTICLE 170 AND
TO ENFORCE COMPLIANCE WITH THIS ARTICLE 170 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE 170 WHENEVER IT APPEARS TO THE DIRECTOR
UPON SUFFICIENT EVIDENCE SATISFACTORY TO THE DIRECTOR THAT AN
INDIVIDUAL OR ENTITY HAS BEEN OR IS COMMITTING AN ACT PROHIBITED BY
THIS ARTICLE 170 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
170, AND THE ACT:
(A)THREATENS PUBLIC HEALTH OR SAFETY; OR(B)CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE INDIVIDUAL OR
PAGE I I-SENATE BILL 23-290
ENTITY DOES NOT HOLD THE REQUIRED LICENSE, REGISTRATION, PERMIT, OR
CERTIFICATE PURSUANT TO THIS ARTICLE 170 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE 170;
(i)TO MAINTAIN AND UPDATE AN ONLINE LIST THAT IS ACCESSIBLE
TO THE PUBLIC OF LICENSEES, REGISTRANTS, PERMITTEES, AND CERTIFICATE
HOLDERS THAT INCLUDES WHETHER THE LICENSEE, REGISTRANT, PERMITTEE,
OR CERTIFICATE HOLDER HAS HAD ITS LICENSE, REGISTRATION, PERMIT, OR
CERTIFICATE LIMITED, SUSPENDED, OR REVOKED IN ACCORDANCE WITH A
DISCIPLINARY ACTION PURSUANT TO THIS ARTICLE 170;
U)IN COORDINATION WITH THE STATE LICENSING AUTHORITY
PURSUANT TO SECTION 44-50-202 ( 1 )(k), ANNUALLY PUBLISH A PUBLICLY
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
ADMINISTRATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44. THE
REPORT MUST USE RELEVANT DAT A, AS DETERMINED BY THE DIRECTOR AND
THE STATE LICENSING AUTHORITY, AND MUST NOT DISCLOSE THE IDENTITY
OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD DISCLOSE
THE IDENTITY OF A PARTICIPANT. (k)PERFORM OTHER FUNCTIONS AND DUTIES NECESSARY TO
ADMINISTER THIS ARTICLE 170.
(2)THE DIRECTOR SHALL CONSULT THE BOARD WHEN CONSIDERING
AND PROMULGATING RULES PURSUANT TO THIS ARTICLE 170.
(3)THE DIVISION HAS AUTHORITY TO COLLECT AVAILABLE AND
RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND DUTIES
NECESSARY TO ADMINISTER THIS ARTICLE 170.
(4)THE DIRECTOR OR A DIVISION EMPLOYEE WITH REGULATORY
OVERSIGHT RESPONSIBILITIES FOR LICENSEES, PERMITTEES, REGISTRANTS, OR
CERTIFICATE HOLDERS PURSUANT TO THIS ARTICLE 170 SHALL NOT WORK
FOR, REPRESENT, PROVIDE CONSUL TING SERVICES TO, OR OTHER WISE DERIVE
PECUNIARY GAIN FROM A LICENSEE, PERMITTEE, REGISTRANT, OR
CERTIFICATE HOLDER THAT IS REGULATED PURSUANT TO THIS ARTICLE 170
OR ANY OTHER BUSINESS ESTABLISHED FOR THE PRIMARY PURPOSE OF
PROVIDING SERVICES TO THE NATURAL MEDICINE INDUSTRY FOR A PERIOD OF
SIX MONTHS AFTER THE EMPLOYEE'S LAST DAY OF EMPLOYMENT WITH THE
DIVISION.
PAGE 12-SENATE BILL 23-290
SECTION 5. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-106 as follows:
12-170-106. Board -creation -appointment -duties -report.
( 1)THERE IS CREA TED WITHIN THE DIVISION A NATURAL MEDICINE
ADVISORY BOARD, WHICH CONSISTS OF FIFTEEN MEMBERS, TO ADVISE THE
DIVISION AND THE STATE LICENSING AUTHORITY CONCERNING THE
IMPLEMENTATION OF THIS ARTICLE 170 AND ARTICLE 50 OF TITLE 44.
(2)THE GOVERNOR SHALL APPOINT INITIAL BOARD MEMBERS ON OR
BEFORE JANUARY 31, 2023, WITH CONSENT OF THE SENATE. THE MEMBERS
MUST INCLUDE:
(a)SEVEN MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
IN ONE OR MORE OF THE FOLLOWING AREAS: NATURAL MEDICINE THERAPY,
MEDICINE, AND RESEARCH; MYCOLOGY AND NATURAL MEDICINE
CULTIVATION; LICENSEE QUALIFICATIONS; EMERGENCY MEDICAL SERVICES
AND SERVICES PROVIDED BY FIRST RESPONDERS; MENTAL AND BEHAVIORAL
HEALTH CARE; HEAL TH-CARE INSURANCE AND HEALTH-CARE POLICY; AND
PUBLIC HEALTH, DRUG POLICY, AND HARM REDUCTION; AND (b)EIGHT MEMBERS WITH SIGNIFICANT EXPERTISE AND EXPERIENCE
IN ONE OR MORE OF THE FOLLOWING AREAS: RELIGIOUS USE OF NATURAL
MEDICINES; ISSUES CONFRONTING VETERANS; TRADITIONAL TRIBAL OR
INDIGENOUS USE OF NATURAL MEDICINES; LEVELS AND DISPARITIES IN
ACCESS TO HEALTH-CARE SERVICES AMONG DIFFERENT COMMUNITIES; AND
PAST CRIMINAL JUSTICE REFORM EFFORTS IN COLORADO. AT LEAST ONE OF
THE EIGHT MEMBERS MUST HA VE EXPERTISE OR EXPERIENCE IN
TRADITIONAL, TRIBAL, OR INDIGENOUS USE OF NATURAL MEDICINES.
(3)THE BOARD INCLUDES THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE, OR THE EXECUTIVE DIRECTOR'S DESIGNEE,
SERVING AS A NON-VOTING MEMBER.
(4)(a) FOR THE INITIAL BOARD, SEVEN OF THE MEMBERS ARE
APPOINTED TO A TERM OF TWO YEARS AND EIGHT MEMBERS ARE APPOINTED
TO A TERM OF FOUR YEARS AS DESIGNATED IN THE GOVERNOR'S
APPOINTMENT. (b)AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE
PAGE 13-SENATE BILL 23-290
INITIAL BOARD PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE
GOVERNOR SHALL APPOINT MEMBERS TO THE BOARD, WITHOUT CONSENT OF
THE SENA TE. EACH MEMBER APPOINTED BY THE GOVERNOR IS APPOINTED TO
A TERM OF FOUR YEARS.
( c)EXCEPT FOR THE EXECUTIVE DIRECTOR OF THE ST ATE LICENSING
AUTHORITY, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, MEMBERS OF THE
BOARD MAY SERVE UP TO TWO CONSECUTIVE TERMS. MEMBERS ARE SUBJECT
TO REMOVAL FOR MISCONDUCT, INCOMPETENCE, NEGLECT OF DUTY, OR
UNPROFESSIONAL CONDUCT.
( 5)THE BOARD SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR
AND STATE LICENSING AUTHORITY RELATED TO, BUT NOT LIMITED TO, THE
FOLLOWING AREAS:
(a)ACCURATE PUBLIC HEALTH APPROACHES REGARDING USE,
BENEFITS, HARMS, AND RISK REDUCTION FOR NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT AND THE CONTENT AND SCOPE OF
EDUCATIONAL CAMPAIGNS RELATED TO NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT;
(b)RESEARCH RELATED TO THE EFFICACY AND REGULATION OF
NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT, INCLUDING
RECOMMENDATIONSRELATED TO PRODUCT SAFETY,HARMREDUCTION,AND
CULTURAL RESPONSIBILITY;
( c)THE PROPER CONTENT OF TRAINING PROGRAMS, EDUCATIONAL
AND EXPERIENTIAL REQUIREMENTS, AND QUALIFICATIONS FOR
FACILITATORS. WHEN CONSIDERING RECOMMENDATIONS MADE PURSUANT
TO THIS SUBSECTION ( 5)( c ), THE BOARD MAY CONSIDER:
(I)TIERED FACILITATOR LICENSING, FOR THE PURPOSE OF REQUIRING
VAR YING LEVELS OF EDUCATION AND TRAINING DEPENDENT UPON THE TYPE
OF PARTICIPANT THAT THE FACILITATOR WILL BE PROVIDING SERVICES TO
AND THE TYPE OF SERVICES THE FACILITATOR WILL BE PROVIDING;
(II)LIMITED WAIVERS OF EDUCATION AND TRAINING REQUIREMENTS
BASED UPON THE APPLICANT'S PRIOR EXPERIENCE, TRAINING, OR SKILLS,
INCLUDING BUT NOT LIMITED TO NA TUR.AL MEDICINE OR NATURAL MEDICINE
PRODUCT; AND
PAGE 14-SENATE BILL 23-290
(Ill) THE REMOVAL OF UNREASONABLE FINANCIAL OR LOGISTICAL
BARRIERS THAT MAKE OBTAINING A FACILITATOR LICENSE COMMERCIALLY
UNREASONABLE FOR INDIVIDUALS, INCLUDING LOW-INCOME INDIVIDUALS. ( d)AFFORDABLE, EQUITABLE, ETHICAL, AND CULTURALLY
RESPONSIBLE ACCESS TO NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT AND REQUIREMENTS TO ENSURE THIS ARTICLE 170 IS EQUITABLE
AND INCLUSIVE. IN PERFORMING THIS REQUIREMENT, THE BOARD MAY
CONSIDER MAKING RECOMMENDATIONS ON WA VS TO REDUCE THE COSTS OF
LICENSURE FOR LOW-INCOME INDIVIDUALS, FOR PROVIDING INCENTIVES FOR
THE PROVISION OF NATURAL MEDICINE SERVICES AT A REDUCED COST TO
INDIVIDUALS WITH LOW INCOME, AND PROVIDING INCENTIVES FOR THE
PROVISION OF NATURAL MEDICINE SERVICES IN GEOGRAPHIC AND
CULTURALLY DIVERSE REGIONS OF THE STATE. ( e)APPROPRIATE REGULATORY CONSIDERATIONS FOR EACH TYPE OF
NATURAL MEDICINE, AND THE PREPARATION SESSION, ADMINISTRATION
SESSION, AND INTEGRATION SESSION;
(f)THE ADDITION OF OTHER TYPES OF NATURAL MEDICINE TO THIS
ARTICLE 170 AND ARTICLE 50 OF TITLE 44 PURSUANT TO SECTION
12-170-104 (12)(b)(I), (12)(b)(II), OR (12)(b)(III) BASED ON AVAILABLE
MEDICAL, PSYCHOLOGICAL, AND SCIENTIFIC STUDIES, RESEARCH, AND OTHER
INFORMATION RELATED TO THE SAFETY AND EFFICACY OF EACH NATURAL
MEDICINE, AND SHALL PRIORITIZE CONSIDERING THE ADDITION OF IBOGAINE
PURSUANT TO SECTION 12-170-104 ( l 2)(b )(II), TO THIS ARTICLE 170, AND
ARTICLE 50 OF TITLE 44;
(g)ALL RULES TO BE PROMULGATED BY THE DIRECTOR PURSUANT TO
THIS ARTICLE 170, AND THE STATE LICENSING AUTHORITY PURSUANT TO
ARTICLE 50 OF TITLE 44; AND
(h)REQUIREMENTS FOR ACCURATE AND COMPLETE DATA
COLLECTION, REPORTING, AND PUBLICATION OF INFORMATION RELATED TO
THE IMPLEMENTATION OF THIS ARTICLE 170. (6)THE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND
EVALUATE EXISTING AND CURRENT RESEARCH, STUDIES, AND REAL-WORLD
DATA RELATED TO NATURAL MEDICINE AND MAKE RECOMMENDATIONS TO
THE GENERAL ASSEMBLY AND OTHER RELEVANT ST ATE AGENCIES AS TO
PAGE 15-SENA TE BILL 23-290
WHETHER NATURAL MEDICINE, NATURAL MEDICINE PRODUCT, NATURAL
MEDICINE SERVICES, AND ASSOCIATED SERVICES SHOULD BE COVERED
UNDER HEALTH FIRST COLORADO OR OTHER INSURANCE PROGRAMS AS A
COST-EFFECTIVE INTERVENTION FOR VARIOUS MENTAL HEALTH CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, END-OF-LIFE DISTRESS, SUBSTANCE USE
DISORDER, ALCOHOL USE DISORDER, DEPRESSIVE DISORDERS, NEUROLOGICAL
DISORDERS, CLUSTER HEADACHES, AND POST-TRAUMATIC STRESS DISORDER. (7)THE BOARD SHALL, ON AN ONGOING BASIS, REVIEW AND
EVALUATE SUSTAINABILITY ISSUES RELATED TO NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT AND THE IMPACT ON TRIBAL AND INDIGENOUS
CULTURES AND DOCUMENT EXISTING RECIPROCITY EFFORTS AND
CONTINUING SUPPORT MEASURES THAT ARE NEEDED. (8)THE BOARD SHALL PUBLISH AN ANNUAL REPORT DESCRIBING ITS
ACTIVITIES, INCLUDING THE RECOMMENDATIONS AND ADVICE PROVIDED TO
THE DIRECTOR, THE STATE LICENSING AUTHORITY, AND THE GENERAL
ASSEMBLY. (9)THE DIVISION SHALL PROVIDE REASONABLE REQUESTED
TECHNICAL,LOGISTICAL,AND OTHER SUPPORT TOTHEBOARDTO ASSIST THE
BOARD WITH ITS DUTIES AND OBLIGATIONS.
SECTION 6. In Colorado Revised Statutes, repeal and reenact, with amendments, 12-170-107 as follows:
12-170-107. Federally recognized American tribes and Indigenous community working group -creation -duties. (I) THE
DIRECTOR SHALL ESTABLISH THE FEDERALLY RECOGNIZED AMERICAN TRIBES
AND INDIGENOUS COMMUNITY WORKING GROUP FOR THE PURPOSE OF
ENGAGING AND CREATING A DIALOGUE TO IDENTIFY ISSUES RELATED TO THE
COMMERCIALIZATION OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT,
AND NATURAL MEDICINE SERVICES FOR TRIBAL AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS. THE COMMUNITY WORKING
GROUP SHALL STUDY THE FOLLOWING: (a)AVOIDING THE MISAPPROPRIATION AND EXPLOITATION OF THE
FEDERALLY RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE,
COMMUNITIES, CULTURES, AND RELIGIONS;
PAGE 16-SENATE BILL 23-290
.. ,.'.
(b)A VOIDING THE EXCESSIVE COMMERCIALIZATION OF NATURAL
MEDICINE, NATURAL MEDICINE PRODUCT, AND NATURAL MEDICINE
SERVICES;
( c)ANY CONSERVATION ISSUES ASSOCIATED WITH THE
LEGALIZATION AND REGULATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT, INCLUDING THE POTENTIAL FOR FURTHER DEPLETION OF
PEYOTE DUE TO PEYOTE BEING A SOURCE OF MESCALINE; AND (d)BEST PRACTICES AND OPEN COMMUNICATION TO BUILD TRUST
AND UNDERSTANDING BETWEEN THE FEDERALLY RECOGNIZED AMERICAN
TRIBES AND INDIGENOUS PEOPLE AND COMMUNITIES, THE BOARD, THE
DIVISION, THE STATE LICENSING AUTHORITY, AND LAW ENFORCEMENT
AGENCIES, FOR THE PURPOSE OF AVOIDING UNNECESSARY BURDENS AND
CRIMINALIZATION OF TRADITIONAL TRIBAL AND INDIGENOUS USES OF
NATURAL MEDICINE.
(2)THE WORKING GROUP SHALL ADVISE THE BOARD AND THE
DIVISION ON ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THE
SUBJECTS IDENTIFIED IN SUBSECTION ( l) OF THIS SECTION.
(3)THE DIRECTOR IS ENCOURAGED TO ENGAGE WITH THE FEDERALLY
RECOGNIZED AMERICAN TRIBES AND INDIGENOUS PEOPLE WHO HA VE
SIGNIFICANT EXPERIENCE WITH TRADITIONAL USE OF NATURAL MEDICINE
AND OTHER PERSONS DEEMED NECESSARY BY THE DIRECTOR FOR THE
PURPOSE OF THIS SECTION.
SECTION 7. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-108 as follows:
12-170-108. License required -unauthorized practice -
mandatory disclosure of information -rule. ( 1) AN INDIVIDUAL SHALL
NOT ENGAGE IN FACILITATION, OR REPRESENT TO THE PUBLIC OR IDENTIFY
THE INDIVIDUAL'S SELF AS A FACILITATOR, IN THIS STATE UNTIL THE
INDIVIDUAL HAS RECEIVED A LICENSE FROM THE DIRECTOR.
(2)A FACILITATOR SHALL CONSPICUOUSLY DISPLAY THE LICENSE
ISSUED BY THE DIRECTOR IN THE HEALING CENTER, INCLUDING INFORMATION
CONCERNING HOW TO FILE A COMPLAINT AGAINST THE FACILITATOR WITH
THE DIRECTOR.
PAGE 17-SENATE BILL 23-290
(3)EVERY LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
HOLDER SHALL PROVIDE THE FOLLOWING INFORMATION IN WRITING TO EACH
PARTICIPANT PRIOR TO A PREPARATION SESSION, ADMINISTRATION SESSION,
AND INTEGRATION SESSION:
(a)THE NAME, ADDRESS, AND PHONE NUMBER OF THE LICENSEE,
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER; (b)AN EXPLANATION OF THE REGULATIONS APPLICABLE TO THE
LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO
THIS ARTICLE 170 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 170;
( c)A LISTING OF TRAINING, EDUCATIONAL AND EXPERIENTIAL
REQUIREMENTS, AND QUALIFICATIONS THE LICENSEE, PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER PURSUANT TO THIS ARTICLE 170 OR
RULES PROMULGATED PURSUANT TO THIS ARTICLE 170 SATISFIED IN ORDER
TO OBTAIN A LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE;
(d)A STATEMENT INDICATING THAT THE LICENSEE, PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER IS REGULATED BY THE DIVISION, AND
AN ADDRESS AND TELEPHONE NUMBER FOR THE DIVISION; AND
(e)A STATEMENT INDICATING THAT THE PARTICIPANT IS ENTITLED
TO RECEIVE INFORMATION ABOUT NATURAL MEDICINE SERVICES, MAY
TERMINATE NATURAL MEDICINE SERVICES AT ANY TIME, AND MAY
TERM INA TE PREVIOUSLY PROVIDED INFORMED CONSENT FOR PHYSICAL
CONTACT AT ANY TIME.
( 4)NOTHING IN THIS SECTION PROHIBITS AN INDIVIDUAL FROM
PERFORMING A BONA FIDE RELIGIOUS, CULTURALLY TRADITIONAL, OR
SPIRITUAL CEREMONY, IF THE INDIVIDUAL INFORMS AN INDIVIDUAL
ENGAGING IN THE CEREMONY THAT THE INDIVIDUAL IS NOT A LICENSED
FACILITATOR, AND THAT THE CEREMONY IS NOT ASSOCIATED WITH
COMMERCIAL, BUSINESS, OR FOR-PROFIT ACTIVITY.
SECTION 8. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-109 as follows:
12-170-109. Grounds for discipline. (1) THE DIRECTOR MAY TAKE
DISCIPLINARY OR OTHER ACTION AS AUTHORIZED IN SECTION 12-20-404
PAGE 18-SENATE BILL 23-290
UPON PROOF THAT THE LICENSEE, PERMITTEE, REGISTRANT, OR CERTIFICATE
HOLDER: (a)VIOLATED A PROVISION OF THIS ARTICLE 170 OR A RULE
PROMULGATED PURSUANT TO THIS ARTICLE 170; (b)HAS BEEN CONVICTED OF OR HAS ENTERED A PLEA OF NOLO
CONTEND ERE TO A FELONY. IN CONSIDERING THE CONVICTION OF OR THE
PLEA TO ANY SUCH CRIME, THE DIRECTOR SHALL BE GOVERNED BY THE
PROVISIONS OF SECTIONS 12-20-202 (5) AND 24-5-101. ( c)MADE ANY MISSTATEMENT ON AN APPLICATION FOR A LICENSE,
REGISTRATION, OR PERMIT TO PRACTICE PURSUANT TO THIS ARTICLE 170 OR
ATTEMPTED TO OBTAIN A LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE
TO PRACTICE BY FRAUD, DECEPTION, OR MISREPRESENTATION; ( d)COMMITTED AN ACT OR FAILED TO PERFORM AN ACT NECESSARY
TO MEET THE GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF
CONDUCT TO PRACTICE A PROFESSION LICENSED PURSUANT TO THIS ARTICLE
170 OR PROMULGATED BY RULE PURSUANT TO 12-170-105 (l)(a)(Il)(O),
INCLUDING PERFORMING SERVICES OUTSIDE OF THE PERSON'S AREA OF
TRAINING, EXPERIENCE, OR COMPETENCE; (e)EXCESSIVELY OR HABITUALLY USES OR ABUSES ALCOHOL OR
CONTROLLED SUBSTANCES; (f)VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE 170, AN
APPLICABLE PROVISION OF ARTICLE 20 OF THIS TITLE 12, OR ANY VALID
ORDER OF THE DIRECTOR;
(g)IS GUILTY OF UNPROFESSIONAL OR DISHONEST CONDUCT;
(h)ADVERTISES BY MEANS OF FALSE OR DECEPTIVE STATEMENT;
(i)FAILS TO DISPLAY THE LICENSE AS PROVIDED IN SECTION
12-170-108 (2);
U)FAILS TO COMPLY WITH THE RULES PROMULGATED BY THE
DIRECTOR PURSUANT TO THIS ARTICLE 170;
PAGE 19-SENA TE BILL 23-290
(k)Is GUILTY OF WILLFUL MISREPRESENTATION;(l)FAILS TO DISCLOSE TO THE DIRECTOR WITHIN FORTY-FIVE DAYS
A CONVICTION FOR A FELONY OR ANY CRIME THAT IS RELATED TO THE
PRACTICE AS A FACILITATOR;
(m)AIDS OR ABETS THE UNLICENSED PRACTICE OF FACILITATION; OR
(n)FAILS TO TIMELY RESPOND TO A COMPLAINT SENT BY THE
DIRECTOR PURSUANT TO SECTION 12-170-110.
SECTION 9. In Colorado Revised Statutes, repeal and reenact, with amendments, 12-170-110 as follows:
12-170-110. Disciplinary proceedings -administrative lawjudges -judicial review. (1) THE DIRECTOR MAY, THROUGH THE
DEPARTMENT, EMPLOY ADMINISTRATIVE LAW JUDGES TO CONDUCT
HEARINGS AS PROVIDED BY THIS SECTION OR ON ANY MA TIER WITHIN THE
DIRECTOR'S JURISDICTION UPON SUCH CONDITIONS AND TERMS AS THE
DIRECTOR MAY DETERMINE.
(2)A PROCEEDING FOR DISCIPLINE OF A LICENSEE, PERMITTEE,
REGISTRANT, OR CERTIFICATE HOLDER MUST BE COMMENCED WHEN THE
DIRECTOR HAS REASONABLE GROUNDS TO BELIEVE THAT A LICENSEE,
PERMITTEE, REGISTRANT, OR CERTIFICATE HOLDER HAS COMMITTED ACTS
THAT MAY VIOLATE THE PROVISIONS OF THIS ARTICLE 170 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE 170. THE GROUNDS MAY BE
ESTABLISHED BY AN INVESTIGATION BEGUN BY THE DIRECTOR ON THE
DIRECTOR'S OWN MOTION OR BY AN INVESTIGATION PURSUANT TO A
WRITTEN COMPLAINT. SECTION 12-20-403 AND ARTICLE 4 OF TITLE 24
GOVERN PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION.
(3)ANY HEARING ON THE REVOCATION OR SUSPENSION OF A
LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE, OR ON THE DENIAL OF AN
APPLICATION FOR A NEW LICENSE, PERMIT, REGISTRATION, OR CERTIFICATE,
OR FOR RENEWAL OF A PREVIOUSLY ISSUED LICENSE, PERMIT, REGISTRATION,
OR CERTIFICATE MUST BE CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE.
( 4)FINAL ACTION BY THE DIRECTOR MAY BE JUDICIALLY REVIEWED
PURSUANT TO SECTION 12-20-408.
PAGE 20-SENATE BILL 23-290
SECTION 10. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-111 as follows:
12-170-111. Fees -cash fund -created. (1) BASED UPON THE
APPROPRIATION MADE AND SUBJECT TO THE APPROVAL OF THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES, THE DIRECTOR
SHALL ESTABLISH AND ADJUST FEES THAT THE DIRECTOR IS AUTHORIZED BY
LAW TO COLLECT SO THAT THE REVENUE GENERA TED FROM THE FEES
APPROXIMATES ITS DIRECT AND INDIRECT COSTS; EXCEPT THAT FEES MUST
NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS ARTICLE 170.
(2)THE NATURAL MEDICINE FACILITATOR CASH FUND, REFERRED TO
IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY. THE
FUND CONSISTS OF FEES CREDITED TO THE FUND PURSUANT TO THIS ARTICLE
170 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
APPROPRIATE OR TRANSFER TO THE FUND.
(3)THE ST A TE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND. ( 4)MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE 170.
SECTION 11. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-112 as follows:
12-170-112. Local jurisdiction. (1) A LOCAL JURISDICTION SHALL
NOT PROHIBIT A FACILITATOR FROM PROVIDING NATURAL MEDICINE
SERVICES WITHIN ITS BOUNDARIES IF THE INDIVIDUAL IS A LICENSED
FACILITATOR PURSUANT TO THIS ARTICLE 170.
(2)A LOCAL JURISDICTION SHALL NOT ADOPT ORDINANCES OR
REGULATIONS THAT ARE UNREASONABLE OR IN CONFLICT WITH THIS ARTICLE
170.
SECTION 12. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-113 as follows:
12-170-113. Protections. (1) SUBJECT TO THE LIMITATIONS IN THIS
PAGE 21-SENATE BILL 23-290
ARTICLE 170 AND ARTICLE 50 OF TITLE 44, BUT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW: (a)ACTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED BY THE DIRECTOR
PURSUANT TO THIS ARTICLE 170, OR BY THOSE WHO ALLOW PROPERTY TO BE
USED PURSUANT TO A LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE
ISSUED BY THE DIRECTOR PURSUANT TO THIS ARTICLE 170, ARE LAWFUL AND
ARE NOT AN OFFENSE UNDER STATE LAW, OR THE LAWS OF ANY LOCAL
JURISDICTION WITHIN THIS STATE; ARE NOT SUBJECT TO A CIVIL FINE,
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION, SEARCH, OR
ARREST; AND ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE, OR TO
SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF ANY LOCAL
JURISDICTION WITHIN THIS STATE. (b)A CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS ALLOWED
PURSUANT TO THIS ARTICLE 170, IS PROHIBITED BY FEDERAL LAW; (c)MENTAL HEALTH CARE, SUBSTANCE USE DISORDER
INTERVENTION SERVICES, OR BEHAVIORAL HEAL TH SERVICES OTHER WISE
COVERED PURSUANT TO THE "COLORADO MEDICAL ASSISTANCE ACT",
ARTICLES 4 TO 6 OF TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT
THEY ARE COVERED IN CONJUNCTION WITH NATURAL MEDICINE SER VICES,
OR THAT NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT ARE
PROHIBITED BY FEDERAL LAW. INSURANCE OR AN INSURANCE PROVIDER IS
NOT REQUIRED TO COVER THE COST OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT. (d)NOTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
TO PREVENT THE DIRECTOR FROM ENFORCING RULES PROMULGATED BY THE
DIRECTOR AGAINST A LICENSEE, REGISTRANT, PERMITTEE, OR CERTIFICATE
HOLDER OR LIMIT A ST ATE OR LOCAL LAW ENFORCEMENT AGENCY'S ABILITY
TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A LICENSEE,
REGISTRANT, PERMITTEE, OR CERTIFICATE HOLDER.
(2)A PROFESSIONAL OR OCCUPATIONAL LICENSE, REGISTRATION,
PERMIT, OR CERTIFICATE HOLDER IS NOT SUBJECT TO PROFESSIONAL
DISCIPLINE OR LOSS OF A PROFESSIONAL OR OCCUPATIONAL LICENSE,
REGISTRATION, PERMIT, OR CERTIFICATE FOR PROVIDING ADVICE OR
PAGE 22-SENATE BILL 23-290
SERVICES ARISING OUT OF OR RELATED TO A NATURAL MEDICINE LICENSE,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
170 OR ARTICLE 50 OF TITLE 44 OR APPLICATION FOR LICENSE,
REGISTRATION, PERMIT, OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE
170 OR ARTICLE 50 OF TITLE44 ON THE BASIS THAT NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT ARE PROHIBITED BY FEDERAL LAW, OR FOR
PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE ALLOWED
PURSUANT TO THIS ARTICLE 170. THIS ARTICLE 170 DOES NOT AUTHORIZE AN
INDIVIDUAL TO ENGAGE IN CONDUCT THAT IN THE COURSE OF PRACTICING
UNDER THE INDIVIDUAL'S LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE
WOULD VIOLA TE STANDARDS OF CARE OR SCOPE OF PRACTICE OF THE
INDIVIDUAL'S PROFESSION OR OCCUPATION AS REQUIRED BY ANY PROVISION
OF LAW OR RULE.
SECTION 13. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-114 as follows:
12-170-114. Liberal construction. THIS ARTICLE 170 MUST BE
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE.
SECTION 14. In Colorado Revised Statutes, repeal and reenact,
with amendments, 12-170-115 as follows:
12-170-115. Preemption. A LOCALJURISDICTION SHALL NOT ADOPT,
ENACT, OR ENFORCE ANY ORDINANCE, RULE, OR RESOLUTION THAT IS
OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 170.
SECTION 15. In Colorado Revised Statutes, add 12-170-116 as
follows:
12-170-116. Self-executing, severability, conflicting provisions.
ALL PROVISIONS OF THIS ARTICLE 170 ARE SELF-EXECUTING EXCEPT AS
SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHEN OTHERWISE
INDICATED, SHALL SUPERSEDE CONFLICTING STATE STATUTORY, LOCAL
CHARTER, ORDINANCE, OR RESOLUTION PROVISIONS, AND OTHER ST ATE AND
LOCAL PROVISIONS. IF ANY PROVISION OF THIS ARTICLE 170 OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE
INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE 170 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE 170
PAGE 23-SENATE BILL 23-290
ARE SEVERABLE.
SECTION 16. In Colorado Revised Statutes, add 12-170-117 as
follows:
12-170-117. Repeal of article -review of functions. THIS ARTICLE
170 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE THE REPEAL, THIS ARTICLE 170 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION
24-34-104.
SECTION 17. In Colorado Revised Statutes, 12-20-407, amend
(l)(a)(V)(V) and (l)(a)(V)(W); and add (l)(a)(V)(X) as follows:
12-20-407. Unauthorized practice of profession or occupation -
penalties -exclusions. (1) (a) A person commits a class 2 misdemeanor
and shall be punished as provided in section 18-1.3-501 if the person:
(V)Practices or offers or attempts to practice any of the followingprofessions or occupations without an active license, certification, or
registration issued under the part or article of this title 12 governing the
particular profession or occupation:
(V)Respiratory therapy, as regulated under article 300 of this title
12; or
(W)Veterinary medicine or as a veterinary technician, as regulated
under article 315 of this title 12; OR
(X)FACILITATING NATURAL MEDICINE SERVICES, AS REGULATEDUNDER ARTICLE 170 OF THIS TITLE 12.
SECTION 18. In Colorado Revised Statutes, 24-1-117, amend
(4)(a)(X) and (4)(a)(XI); and add (4)(a)(XII) as follows:
24-1-117. Department of revenue -creation. (4) (a) The
department of revenue consists of the following divisions:
(X)The auto industry division, created in section 44-20-105. The
division is a type 2 entity, as defined in section 24-1-105, and exercises its
powers and performs its duties and functions under the department of
PAGE 24-SENA TE BILL 23-290
revenue; and
(XI)The state licensing authority created in section 44-10-201; AND(XII)THE NATURAL MEDICINE DIVISION, CREA TED IN SECTION
44-50-201, WHICH IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105.
SECTION 19. In Colorado Revised Statutes, 24-34-104, add
(33)(a)(VII) and (33)(a)(VIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment -legislative declaration -repeal. (33) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2032:
(VII)THE "NATURAL MEDICINE HEALTH ACT OF 2022", ARTICLE
170 OF TITLE 12; (VIII)THE "COLORADO NATURAL MEDICINE CODE", ARTICLE 50 OF
TITLE 44.
SECTION 20. In Colorado Revised Statutes, add 25-1.5-120 as
follows:
25-1.5-120. Natural medicine testing and standards -rules.(1)THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, IN
COORDINATION WITH THE DEPARTMENT OF REVENUE, TO ENSURE
CONSISTENCY BETWEEN RULES, SHALL PROMULGATE RULES CONCERNING
TESTING STANDARDS AND CERTIFICATION REQUIREMENTS OF NATURAL
MEDICINE AND NATURAL MEDICINE PRODUCT REGULA TED BY THE
DEPARTMENT OF REVENUE PURSUANT TO ARTICLE 50 OF TITLE 44.
(2)AT A MINIMUM, THE RULES MUST:
(a)ESTABLISH NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT TESTING STANDARDS AND CERTIFICATION REQUIREMENTS;
(b)EST AB LISH A NATURAL MEDICINE INDEPENDENT TESTING AND
CERTIFICATION PROGRAM FOR LICENSEES PURSUANT TO ARTICLE 50 OF TITLE
44, WITHIN AN IMPLEMENTATION TIME FRAME ESTABLISHED BY THE
PAGE 25-SENA TE BILL 23-290
DEPARTMENT OF REVENUE, REQUIRING LICENSEES TO TEST NATURAL
MEDICINE AND NATURAL MEDICINE PRODUCT TO ENSURE, AT A MINIMUM,
THAT PRODUCTS TRANSFERRED FOR HUMAN CONSUMPTION BY NATURAL
PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 50 OF TITLE 44 DO
NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO HEALTH AND TO
ENSURE CORRECT LABELING; ( c)EST AB LISH PROCEDURES THAT ENSURE NATURAL MEDICINE AND
NATURAL MEDICINE PRODUCT ARE QUARANTINED AND NOTIFICATION
PROCEDURES IF TEST RES UL TS INDICATE THE PRESENCE OF QUANTITIES OF
ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH; (d)ENSURE THAT TESTING VERIFIES CONCENTRATION
REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING; ( e)EST A BLISH AN ACCEPT ABLE VARIANCE FOR CONCENTRATION
REPRESENTATIONS AND PROCEDURES TO ADDRESS CONCENTRATION
MISREPRESENTATIONS; AND
(f)ESTABLISH THE PROTOCOLS AND FREQUENCY OF NATURAL
MEDICINE TESTING BY LICENSEES.
SECTION 21. In Colorado Revised Statutes, add article 50 to title
44 as follows:
ARTICLE 50
Natural Medicine
PART I
COLORADO NATURAL MEDICINE CODE
44-50-101. Short title. THE SHORT TITLE OF THIS ARTICLE 50 IS THE
"COLORADO NATURAL MEDICINE CODE".
44-50-102. Legislative declaration. ( 1) THE GENERAL ASSEMBLY
FINDS AND DECLARES THAT: (a)THE PEOPLE OF COLORADO APPROVED STATUTORY MEASURES
THAT, IN PART, INTENDED TO ENSURE THAT PEOPLE IN COLORADO HAVE
ACCESS TO REGULA TED NATURAL MEDICINE AND REGULA TED NATURAL
PAGE 26-SENA TE BILL 23-290
MEDICINE PRODUCT; (b)THE DEPARTMENT IS UNIQUELY SUITED TO REGULATE THE
CULTIVATION, MANUFACTURING, TESTING, STORING, DISTRIBUTION,
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BECAUSE
OF ITS EXPERIENCE AND EXISTING RESOURCES IN REGULATING ALCOHOL,
TOBACCO, AND MARIJUANA; AND (c)IT IS NECESSARY TO ENTRUST THE REGULATION OF THE
CULTIVATION, MANUFACTURING, TESTING, STORING, DISTRIBUTION,
TRANSPORTATION, TRANSFERRING, AND DISPENSATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT TO THE
DEPARTMENT IN ORDER TO IMPLEMENT THE REGULATORY MEASURES IN A
MANNER THAT HONORS THE INTENT OF THE PEOPLE, PROMOTES PUBLIC
TRUST, SUPPORTS THE INTEGRITY AND SUSTAINABILITY OF THE REGULATORY
MEASURES, AND ENSURES REGULATORY EFFICIENCY.
(2)THE GENERAL ASSEMBLY DECLARES THAT THIS ARTICLE 50 IS
DEEMED AN EXERCISE OF THE POLICE POWERS OF THE ST ATE FOR THE
PROTECTION OF THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH,
PEACE, AND MORALS OF THE PEOPLE OF THIS ST ATE.
(3)THE GENERAL ASSEMBLY DECLARES THAT IT IS UNLAWFUL UNDER
STATE LAW TO CULTIVATE, MANUFACTURE, TEST, STORE, DISTRIBUTE,
TRANSPORT, TRANSFER, AND DISPENSE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT, EXCEPT IN COMPLIANCE WITH THE TERMS, CONDITIONS,
LIMITATIONS, AND RESTRICTIONS IN THIS ARTICLE 50; RULES PROMULGATED
PURSUANT TO THIS ARTICLE 50; ARTICLE 170 OF TITLE 12; RULES
PROMULGATED PURSUANT TO ARTICLE 170 OF TITLE 12; ARTICLE 1.5 OF
TITLE 25; RULES PROMULGATED PURSUANT TO ARTICLE 1.5 OF TITLE 25;
TITLE 16; AND TITLE 18.
44-50-103. Definitions. As USED IN THIS ARTICLE 50, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1)"ADMINISTRATION SESSION" MEANS A SESSION CONDUCTED AT
A HEALING CENTER, OR OTHER LOCATION IF PERMITTED BY THIS ARTICLE 50
OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, DURING WHICH A
PARTICIPANT CONSUMES AND EXPERIENCES THE EFFECTS OF NATURAL
PAGE 27-SENATE BILL 23-290
MEDICINE UNDER THE SUPERVISION OF A FACILITATOR. (2)"BOARD" MEANS THE STATE NATURAL MEDICINE ADVISORY
BOARD CREATED IN SECTION 12-170-106. (3)"DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF
PROFESSIONS AND OCCUPATIONS OR THE DIRECTOR'S DESIGNEE. ( 4)"DIVISION" MEANS THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CREATED IN THE DEPARTMENT PURSUANT TO SECTION
12-20-103.(5)"FACILITATOR" MEANS A NATURAL PERSON WHO IS TWENTY-ONE
YEARS OF AGE OR OLDER, HAS THE NECESSARY QUALIFICATIONS, TRAINING,
EXPERIENCE, AND KNOWLEDGE TO PERFORM AND SUPERVISE NATURAL
MEDICINE SERVICES FOR A PARTICIPANT, AND IS LICENSED BY THE DIRECTOR
TO ENGAGE IN THE PRACTICE OF FACILITATION. (6)"HEALING CENTER" MEANS A FACILITY WHERE AN ENTITY IS
LICENSED BY THE STATE LICENSING AUTHORITY THAT PERMITS A
FACILITATOR TO PROVIDE AND SUPERVISE NATURAL MEDICINE SERVICES FOR
A PARTICIPANT. (7)"HEAL TH-CARE FACILITY" MEANS AN ENTITY THAT IS LICENSED,
CERTIFIED, OR OTHERWISE PERMITTED BY LAW TO ADMINISTER MEDICAL
TREATMENT IN THIS STATE, INCLUDING A HOSPITAL, HOSPICE FACILITY,
COMMUNITY MENTAL HEALTH CENTER, FEDERALLY QUALIFIED HEALTH
CENTER, RURAL HEAL TH CLINIC, ORGANIZATION PROVIDING A PROGRAM OF
ALL-INCLUSIVE CARE FOR THE ELDERLY, LONG-TERM CARE FACILITY,
CONTINUING CARE RETIREMENT COMMUNITY, OR OTHER TYPE OF ENTITY
WHERE HEAL TH CARE IS PROVIDED. (8)"INTEGRATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS AFTER THE COMPLETION OF AN
ADMINISTRATION SESSION. (9)"LICENSE" MEANS TO GRANT A LICENSE, PERMIT, OR
REGISTRATION PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED
PURSUANT TO THIS ARTICLE 50.
PAGE 28-SENA TE BILL 23-290
(I 0) "LICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN
APPLICATION FOR A LICENSE PURSUANT TO THIS ARTICLE 50 THAT THE
LICENSEE OWNS OR IS IN POSSESSION OF AND WITHIN WHICH THE LICENSEE
IS AUTHORIZED TO CULTIVATE, MANUFACTURE, TEST, STORE, DISTRIBUTE,
TRANSPORT, TRANSFER, OR DISPENSE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT IN ACCORDANCE WITH THIS ARTICLE 50.
{ 11) "LICENSEE" MEANS A PERSON LICENSED, REGISTERED, OR
PERMITTED PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED
PURSUANT TO THIS ARTICLE 50.
(12)"LOCAL JURISDICTION" MEANS A COUNTY, MUNICIPALITY, OR
CITY AND COUNTY.
(13){a) "NATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES:
{I) PSILOCYBIN; OR
{II) PSILOCYN.
{b) IN ADDITION TO THE SUBSTANCES LISTED IN SUBSECTION (13)(a)
OF THIS SECTION, "NATURAL MEDICINE" INCLUDES:
{I) DIMETHYL TR YPT AMINE, IF RECOMMENDED BY THE BOARD AND
APPROVED BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STATE
LICENSING AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026;
(II)IBOGAINE, IF RECOMMENDED BY THE BOARD AND APPROVED BY
THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE ST ATE LICENSING
AUTHORITY FOR INCLUSION; OR
{III) MESCALINE, IF RECOMMENDED BY THE BOARD AND APPROVED
BY THE DIRECTOR AND THE EXECUTIVE DIRECTOR OF THE STA TE LICENSING
AUTHORITY FOR INCLUSION ON OR AFTER JUNE 1, 2026.
( C)"NATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN SUBSECTIONS (13)(a)
AND ( 13 )(b) OF THIS SECTION, INCLUDING A DERIVATIVE OF A NATURALLY
OCCURRING COMPOUND OF NATURAL MEDICINE THAT IS PRODUCED USING
CHEMICAL SYNTHESIS, CHEMICAL MODIFICATION, OR CHEMICAL
PAGE 29-SENATE BILL 23-290
CONVERSION. (d)NOTWITHSTANDING SUBSECTION (13)(b)(III) OF THIS SECTION,
"MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMS II LEMAIRE,
WHETHER GROWING OR NOT; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
THE PLANT, AND EVERY COMPOUND, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS. (14)"NATURALMEDICINEBUSINESS"MEANSANYOF THEFOLLOWING
ENTITIES LICENSED PURSUANT TO THIS ARTICLE 50: A NATURAL MEDICINE
HEALING CENTER, A NATURAL MEDICINE CULTIVATION FACILITY, A NATURAL
MEDICINE PRODUCTS MANUFACTURER, OR A NATURAL MEDICINE TESTING
FACILITY, OR ANOTHER LICENSED ENTITY CREATED BY THE STATE LICENSING
AUTHORITY. ( 15)"NATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION. (16)"NATURAL MEDICINE SERVICES" MEANS A PREPARATION
SESSION, ADMINISTRATION SESSION, AND INTEGRATION SESSION PROVIDED
PURSUANT TO ARTICLE 170 OF TITLE 12. (17)"PARTICIPANT" MEANS A PERSON WHO IS TWENTY-ONE YEARS
OF AGE OR OLDER AND WHO RECEIVES NATURAL MEDICINE SERVICES
PERFORMED BY AND UNDER THE SUPERVISION OF A FACILITATOR. (18)"PERSON" MEANS A NATURAL PERSON OR AN ENTITY.(19)"PREPARATION SESSION" MEANS A MEETING BETWEEN A
PARTICIPANT AND FACILITATOR THAT OCCURS BEFORE THE START OF AN
ADMINISTRATION SESSION. "PREPARATION SESSION" DOES NOT MEAN AN
INITIAL CONSULTATION OR AN INQUIRY RESPONSE ABOUT NATURAL
MEDICINE SERVICES. (20)"PRINCIPLE FILE" MEANS A FILE THAT IS ESTABLISHED BY THE
STATE LICENSING AUTHORITY AND CONTAINS LICENSING AND BACKGROUND
INFORMATION FOR AN APPLICANT SEEKING LICENSES PURSUANT TO THIS
ARTICLE 50. PAGE 30-SENATE BILL 23-290
(21)"REGULATED NATURAL MEDICINE" MEANS NATURAL MEDICINE
THAT IS CULTIVATED, MANUFACTURED, TESTED, STORED, DISTRIBUTED,
TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO THIS ARTICLE 50.
(22)"REGULATED NATURAL MEDICINE PRODUCT" MEANS NATURAL
MEDICINE PRODUCT THAT IS CULTIVATED, MANUFACTURED, TESTED, STORED,
DISTRIBUTED, TRANSPORTED, TRANSFERRED, OR DISPENSED PURSUANT TO
THIS ARTICLE 50.
(23)"REMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING
MONEY, REAL PROPERTY, TANGIBLE AND INTANGIBLE PERSONAL PROPERTY,
CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, AND ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
(24)"STATE LICENSING AUTHORITY" MEANS THE AUTHORITY
CREA TED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
LICENSING OF THE CULTIVATION, MANUFACTURING, TESTING, STORAGE,
DISTRIBUTION, TRANSPORTATION, TRANSFER, AND DISPENSATION OF
REGULA TED NATURAL MEDICINE AND REGULA TED NATURAL MEDICINE
PRODUCT IN THIS STATE PURSUANT TO SECTION 44-50-201.
(25)"TRANSFER" MEANS TO GRANT, CONVEY, HAND OVER, ASSIGN,
SELL, EXCHANGE, DONA TE, OR BARTER, IN ANY MANNER AND BY ANY
MEANS, WITH OR WITHOUT REMUNERATION.
44-50-104. Applicability. (1) ALL BUSINESSES, FOR THE PURPOSE
OF CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT, AS DEFINED IN THIS
ARTICLE 50, ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS ARTICLE
50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
(2)A PERSON APPL YING FOR LI CENSURE PURSUANT TO THIS ARTICLE
50 MUST COMPLETE FORMS AS PROVIDED BY THE STATE LICENSING
AUTHORITY AND MUST PAY THE APPLICATION FEE AND THE LICENSING FEE,
WHICH MUST BE CREDITED TO THE REGULATED NATURAL MEDICINE DIVISION
CASH FUND ESTABLISHED PURSUANT TO SECTION 44-50-601. THE STATE
LICENSING AUTHORITY SHALL PRIORITIZE REVIEWING APPLICATIONS FROM
APPLICANTS WHO HA VE ESTABLISHED RESIDENCY IN COLORADO.
PAGE 31-SENA TE BILL 23-290
(3)THIS ARTICLE 50 SETS FORTH THE EXCLUSIVE MEANS THAT
CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT MAY OCCUR IN
THIS STATE. (4)(a) NOTHING IN THIS ARTICLE 50 IS INTENDED TO REQUIRE AN
EMPLOYER TO PERMIT OR ACCOMMODATE THE USE, CONSUMPTION,
POSSESSION, CULTIVATION, MANUFACTURING, TESTING, STORAGE,
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF OR
IMPAIRMENT FROM NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IN
THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HA VE
POLICIES RESTRICTING THE USE OF OR IMPAIRMENT FROM NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT BY EMPLOYEES IN THE WORKPLACE. (b)NOTHING IN THIS ARTICLE 50 PROHIBITS A PERSON, EMPLOYER,
SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION, OR ANY OTHER
ENTITY THAT OCCUPIES, OWNS, OR CONTROLS A PROPERTY FROM
PROHIBITING OR OTHERWISE REGULA TING THE CULTIVATION,
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT ON OR IN THAT PROPERTY.
(5)(a) A LOCAL JURISDICTION MAY ENACT ORDINANCES OR
REGULATIONS GOVERNING THE TIME, PLACE, AND MANNER OF THE
OPERATION OF LICENSES ISSUED PURSUANT TO THIS ARTICLE 50 WITHIN ITS
BOUNDARIES. (b)A LOCAL JURISDICTION MAY NOT PROHIBIT THE ESTABLISHMENT
OR OPERATION OF LICENSES PURSUANT TO THIS ARTICLE 50 WITHIN ITS
BOUNDARIES. (c)ALOCALJURISDICTIONMAYNOTPROHIBIT THE TRANSPORTATION
OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT WITHIN ITS
BOUNDARIES ON PUBLIC ROADS BY A PERSON LICENSED TO EXERCISE SUCH
PRIVILEGES PURSUANT TO THIS ARTICLE 50. ( d)A LOCAL JURISDICTION MAY NOT ADOPT ORDINANCES OR
REGULATIONS THAT ARE UNREASONABLE OR CONFLICT WITH THIS ARTICLE
50.
PAGE 32-SENATE BILL 23-290
PART2
ST ATE LICENSING AUTHORITY
44-50-201. State licensing authority -creation. ( 1) FOR THE
PURPOSE OF REGULATING AND LICENSING THE CULTIVATION,
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSPORT,
TRANSFER, AND DISPENSATION OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT BY AND BETWEEN NATURAL MEDICINE LICENSEES IN THIS
STATE, THERE IS CREATED THE STATE LICENSING AUTHORITY, WHICH IS THE
EXECUTIVE DIRECTOR, OR THE DIRECTOR OF THE NATURAL MEDICINE
DIVISION IF DESIGNATED BY THE EXECUTIVE DIRECTOR.
(2)THE EXECUTIVE DIRECTOR IS THE CHIEF ADMINISTRATIVE OFFICER
OF THE STATE LICENSING AUTHORITY AND MAY EMPLOY, PURSUANT TO
SECTION 13 OF ARTICLE XII OF THE ST A TE CONSTITUTION, SUCH OFFICERS
AND EMPLOYEES AS DETERMINED TO BE NECESSARY. THE OFFICERS AND
EMPLOYEES ARE A PART OF THE DEPARTMENT.
(3)THE EXECUTIVE DIRECTOR OF THE ST ATE LICENSING AUTHORITY
OR A STATE LICENSING AUTHORITY EMPLOYEE WITH REGULATORY
OVERSIGHT RESPONSIBILITIES FOR THE NATURAL MEDICINE LICENSEES THAT
ARE LICENSED BY THE STATE LICENSING AUTHORITY SHALL NOT WORK FOR,
REPRESENT, PROVIDE CONSULTING SERVICES TO, OR OTHERWISE DERIVE
PECUNIARY GAIN FROM A NATURAL MEDICINE LICENSEE THAT IS LICENSED
BY THE STATE LICENSING AUTHORITY OR ANY OTHER BUSINESS ESTABLISHED
FOR THE PRIMARY PURPOSE OF PROVIDING SERVICES TO THE NATURAL
MEDICINE INDUSTRY FOR A PERIOD OF SIX MONTHS AFTER THE EMPLOYEE'S
LAST DAY OF EMPLOYMENT WITH THE STATE LICENSING AUTHORITY.
44-50-202. Powers and duties of state licensing authority -
report. (I) THE STATE LICENSING AUTHORITY SHALL: (a)BEGINNING ON OR BEFORE DECEMBER 31, 2024, GRANT OR
REFUSE STATE LICENSESFOR THE CULTIVATION,MANUFACTURING,TESTING,
STORAGE, DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF
REGULA TED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH LICENSES, WHETHER
ACTIVE, EXPIRED, OR SURRENDERED, UPON A VIOLATION OF THIS ARTICLE 50
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50 ; AND IMPOSE ANY
PENALTY AUTHORIZED BY THIS ARTICLE 50 OR A RULE PROMULGATED
PAGE 33-SENATE BILL 23-290
PURSUANT TO THIS ARTICLE 50. THE STATE LICENSING AUTHORITY MAY
TAKE ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT
TO THIS ARTICLE 50 AS IT MAY WITH RESPECT TO A LICENSE ISSUED
PURSUANT TO THIS ARTICLE 50, IN ACCORDANCE WITH THE PROCEDURES
ESTABLISHED PURSUANT TO THIS ARTICLE 50.
(b)PROMULGATE RULES FOR THE PROPER REGULATION AND CONTROL
OF THE CULTIVATION, MANUFACTURING, TESTING, STORAGE, DISTRIBUTION,
TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT AND FOR THE
ENFORCEMENT OF THIS ARTICLE 50 AND PROMULGATE AMENDED RULES AND
SUCH SPECIAL RULINGS AND FINDINGS AS NECESSARY;
( c)CONDUCT INVESTIGATIONS AND HEARINGS, GATHER EVIDENCE,
AND PURSUE DISCIPLINARY ACTIONS WITH RESPECT TO LICENSES WHEN THE
STATE LICENSING AUTHORITY HAS REASONABLE CAUSE TO BELIEVE THAT A
PERSON OR ENTITY IS VIOLATING THIS ARTICLE 50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE 50;
( d)(I) PETITION A DISTRICT COURT FOR AN INVESTIGATIVE
SUBPOENA APPLICABLE TO A PERSON WHO IS NOT LICENSED PURSUANT TO
THIS ARTICLE 50 TO OBTAIN DOCUMENTS OR INFORMATION NECESSARY TO
ENFORCE A PROVISION OF THIS ARTICLE 50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE 50 AFTER REASONABLE EFFORTS HA VE BEEN
MADE TO OBTAIN REQUESTED DOCUMENTS OR INFORMATION WITHOUT A
SUBPOENA;
(II)APPLY TO ANY COURT OF COMPETENT JURISDICTION TO
TEMPORARILY RESTRAIN OR PRELIMINARILY OR PERMANENTLY ENJOIN THE
ACT IN QUESTION OF A PERSON WHO IS NOT LICENSED PURSUANT TO THIS
ARTICLE 50 AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE 50 OR A RULE
PROMULGATED PURSUANT TO THIS ARTICLE 50 WHENEVER IT APPEARS TO
THE DIRECTOR OF THE NATURAL MEDICINE DIVISION UPON SUFFICIENT
EVIDENCE SATISFACTORY TO THE DIRECTOR OF THE NATURAL MEDICINE
DIVISION THAT A PERSON HAS BEEN OR IS COMMITTING AN ACT PROHIBITED
BY THIS ARTICLE 50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE
50, AND THE ACT:
(A)THREATENS PUBLIC HEALTH OR SAFETY; OR
PAGE 34-SENATE BILL 23-290
(8)CONSTITUTES AN UNLAWFUL ACT FOR WHICH THE PERSON DOES
NOT HOLD THE REQUIRED LICENSE PURSUANT TO THIS ARTICLE 50;
( e)HEAR AND DETERMINE AT A PUBLIC HEARING ANY CONTESTED
ST ATE LICENSE DENIAL AND ANY COMPLAINTS AGAINST A LICENSEE, AND
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF
PERSONS AND THE PRODUCTION OF PAPERS, BOOKS, AND RECORDS
NECESSARY TO THE DETERMINATION OF ANY HEARING SO HELD, ALL IN
ACCORDANCE WITH ARTICLE 4 OF TITLE 24. THE STATE LICENSING
AUTHORITY MAY, IN ITS DISCRETION, DELEGATE TO THE DEPARTMENT'S
HEARING OFFICERS THE AUTHORITY TO CONDUCT LICENSING, DISCIPLINARY,
AND RULE-MAKING HEARINGS PURSUANT TO SECTION 24-4-105. WHEN
CONDUCTING THE HEARINGS, THE HEARING OFFICERS ARE EMPLOYEES OF THE
STATE LICENSING AUTHORITY UNDER THE DIRECTION AND SUPERVISION OF
THE EXECUTIVE DIRECTOR AND THE ST A TE LICENSING AUTHORITY.
(t)DEVELOP FORMS, LICENSES, IDENTIFICATION CARDS, AND
APPLICATIONS AS NECESSARY OR CONVENIENT IN THE DISCRETION OF THE
ST A TE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS ARTICLE 50
OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50; (g)IN COORDINATION WITH THE DIVISION OF PROFESSIONS AND
OCCUPATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES
PURSUANT TO SECTION 12-170-105 ( 1 )U), ANNUALLY PUBLISH A PUBLICLY
AVAILABLE REPORT CONCERNING THE IMPLEMENTATION AND
ADMINISTRATION OF THIS ARTICLE 50 AND ARTICLE 170 OF TITLE 12. THE
REPORT MUST USE RELEVANT DATA, AS DETERMINED BY THE STATE
LICENSING AUTHORITY AND THE DIRECTOR, AND MUST NOT DISCLOSE THE
IDENTITY OF ANY PARTICIPANT OR INCLUDE ANY INFORMATION THAT COULD
DISCLOSE THE IDENTITY OF A PARTICIPANT. (h)DEVELOP AND PROMOTE ACCURATE PUBLIC EDUCATION
CAMPAIGNS RELATED TO THE USE OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS,
EDUCATIONAL MATERIALS, AND APPROPRIATE CRISIS RESPONSE MATERIALS,
AND DEVELOP AND PROMOTE TRAINING MATERIALS FOR FIRST RESPONDERS
AND MUL Tl-RESPONDERS, INCLUDING LAW ENFORCEMENT, EMERGENCY
MEDICAL PROVIDERS, SOCIAL SERVICES PROVIDERS, AND FIRE FIGHTERS.
(2) NOTHING IN THIS ARTICLE 50 DELEGATES TO THE STATE
PAGE 35-SENATE BILL 23-290
LICENSING AUTHORITY THE POWER TO FIX PRICES FOR REGULATED NATURAL
MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT.
(3)NOTHING IN THIS ARTICLE 50 LIMITS A LAW ENFORCEMENT
AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN RELATION TO A
NATURAL MEDICINE LICENSEE. A LAW ENFORCEMENT AGENCY HAS THE
AUTHORITY TO RUN A COLORADO CRIME INFORMATION CENTER CRIMINAL
HISTORY RECORD CHECK OF A LICENSEE OR EMPLOYEE OF A LICENSEE
DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED TO NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT.
(4)THESTATE LICENSING AUTHORITY SHALLCOORDINATEWITH THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT CONCERNING THE ESTABLISHMENT OF STANDARDS FOR
LICENSING LA BORA TORIES PURSUANT TO THE REQUIREMENTS OUTLINED IN
SECTION 25-1.5-120 FOR REGULATED NATURAL MEDICINE AND REGULATED
NATURAL MEDICINE PRODUCT.
(5)THE STATE LICENSING AUTHORITY SHALL, WHEN FINANCIALLY
FEASIBLE, ESTABLISH PROCEDURES, POLICIES, AND PROGRAMS TO ENSURE
THIS ARTICLE 50 AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50
ARE EQUITABLE AND INCLUSIVE, PROMOTE THE LICENSING, REGISTRATION,
AND PERMITTING OF, AND PROVISION OF NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT TO, PERSONS FROM COMMUNITIES THAT HA VE BEEN
DISPROPORTIONATELY HARMED BY HIGH RA TES OF ARREST FOR CONTROLLED
SUBSTANCES, PERSONS WHO FACE BARRIERS TO HEALTH-CARE ACCESS,
PERSONS WHO HA VE TRADITIONAL, TRIBAL, OR INDIGENOUS HISTORY WITH
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, OR TO PERSONS WHO
ARE VETERANS. THE STATE LICENSING AUTHORITY MAY CONSULT THE
BOARD WHEN CONSIDERING PROCEDURES, POLICIES, AND PROGRAMS
PURSUANT TO THIS SUBSECTION (5).
(6)THE STATE LICENSING AUTHORITY HAS AUTHORITY TO COLLECT
AVAILABLE AND RELEVANT DATA NECESSARY TO PERFORM FUNCTIONS AND
DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.
(7)THE STATE LICENSING AUTHORITY, IN COORDINATION WITH
OTHER RELEVANT AGENCIES, SHALL REQUEST AVAILABLE AND RELEVANT
DATA CONCERNING LAW ENFORCEMENT INCIDENCES, ADVERSE HEALTH
EVENTS, IMPACTS TO HEALTH CARE SYSTEMS, CONSUMER PROTECTION
PAGE 36-SENATE BILL 23-290
CLAIMS, AND BEHAVIORAL HEALTH IMPACTS RELATED TO NATURAL
MEDICINE, NATURAL MEDICINE PRODUCT, AND NATURAL MEDICINE
BUSINESSES. THE STATE LICENSING AUTHORITY SHALL INCLUDE THE
AVAILABLE AND RELEVANT DATA IN THE REPORT REQUIRED PURSUANT TO
SUBSECTION (l)(g) OF THIS SECTION. (8)THE STATE LICENSING AUTHORITY SHALL PERFORM OTHER
FUNCTIONS AND DUTIES NECESSARY TO ADMINISTER THIS ARTICLE 50.
44-50-203. State licensing authority -rules -legislative
declaration. (1) Mandatory rule-making. RULES PROMULGATED
PURSUANT TO SECTION 44-50-202 ( 1 )(b) MUST INCLUDE THE FOLLOWING
SUBJECTS: (a)PROCEDURES AND REQUIREMENTS CONSISTENT WITH THIS
ARTICLE 50 FOR THE ISSUANCE, DENIAL, RENEWAL, REINSTATEMENT,
MODIFICATION, SUSPENSION, AND REVOCATION OF LICENSES; (b)OVERSIGHT REQUIREMENTS FOR LICENSEES;(c)A SCHEDULE OF APPLICATION, LICENSING, AND RENEWAL FEES
FOR LICENSES; (d)QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR
LICENSURE PURSUANT TO THIS ARTICLE 50, INCLUDING CONTINUING
ELIGIBILITY EXPECTATIONS, INCLUDING TIMELY PAYING TAXESOWEDTO THE
DEPARTMENT OF REVENUE, TIMELY FILING TAX RETURNS, AND TIMELY
CURING ANY TAX DEFICIENCIES, AND AUTHORIZATION FOR THE DEPARTMENT
OF REVENUE TO HA VE ACCESS TO LICENSING INFORMATION TO ENSURE TAX
PAYMENT FOR THE EFFECTIVE ADMINISTRATION OF THIS ARTICLE 50; ( e)PERMISSIBLE AND PROHIBITED FINANCIAL INTERESTS IN A LICENSE
ISSUED PURSUANT TO THIS ARTICLE 50 OR A LICENSE ISSUED PURSUANT TO
ARTICLE 170 OF TITLE 12; EXCEPT THAT A PERSON MAY NOT HAVE A
FINANCIAL INTEREST IN MORE THAN FIVE NATURAL MEDICINE BUSINESS
LICENSES; (f)(I) ESTABLISHMENT OF A NATURAL MEDICINE INDEPENDENT
TESTING AND CERTIFICATION PROGRAM FOR LICENSEES WITHIN AN
IMPLEMENTATION TIME FRAME ESTABLISHED BY THE DIVISION, REQUIRING
PAGE 37-SENATE BILL 23-290
LICENSEES TO TEST REGULA TED NATURAL MEDICINE AND REGULATED
NATURAL MEDICINE PRODUCT TO ENSURE, AT A MINIMUM, THAT REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT
TRANSFERRED FOR HUMAN CONSUMPTION BY PERSONS LICENSED PURSUANT
TO THIS ARTICLE 50 DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS
TO HEALTH AND TO ENSURE CORRECT LABELING, AS WELL AS: (A)CERTIFICATION REQUIREMENTS FOR LABORATORIES THAT TEST
REGULA TED NATURAL MEDICINE AND REGULA TED NATURAL MEDICINE
PRODUCT, AND REQUIREMENTS THAT THE TEST RESULTS PRODUCED BY A
LABORATORY MUST NOT BE USED UNLESS THE LABORATORY IS CERTIFIED;
(8)TESTING PROCEDURES AND FREQUENCY OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BY LICENSEES;
(C)WHETHER TO ALLOW FOR ANY NATURAL PERSON TO REQUEST
AND UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT IF THE NATURAL PERSON IS TWENTY-ONE YEARS OF AGE
OR OLDER;
(0)DEFINITIONS, PERMISSIONS, AND PROHIBITIONS CONCERNING
CONFLICTS OF INTEREST RELATED TO, AND ECONOMIC INTERESTS FOR,
PERSONS WHO OWN OR ARE ASSOCIATED WITH A NATURAL MEDICINE TESTING
LICENSE AND OTHER LICENSES; AND (E)PROCEDURES AND REQUIREMENTS NECESSARY TO FACILITATE
THE COORDINATION OF DUTIES WITH RESPECT TO THE NATURAL MEDICINE
TESTING AND CERTIFICATION PROGRAM WITH THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT.
(II)THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
PURSUANT TO THIS SUBSECTION (l)(f) IN COORDINATION WITH THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENSURE
CONSISTENCY BETWEEN RULES. (g)THE REGULATION OF A LICENSED PREMISES, INCLUDING RULES
THAT ALLOW A NATURAL MEDICINE HEALING CENTER LICENSEE'S LICENSED
PREMISES TO BE CO-LOCATED WITH ANOTHER NATURAL MEDICINE HEALING
CENTER LICENSEE'S LICENSED PREMISES OR A HEAL TH-CARE FACILITY;
PAGE 38-SENATE BILL 23-290
(h)REQUIREMENTS FOR THE TRANSPORTATION OF REGULATED
NATURAL MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT,
INCLUDING:
(I)SECURITY REQUIREMENTS;
(II)TRANSPORTATION VEHICLE REQUIREMENTS, INCLUDING
REQUIREMENTS FOR SURVEILLANCE; (Ill) LIMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE
AND REGULATED NATURAL MEDICINE PRODUCT THAT MAY BE CARRIED IN A
TRANSPORTATION VEHICLE; (IV)RECORD-KEEPING REQUIREMENTS; AND
(V)TRANSPORTATION MANIFEST REQUIREMENTS;
(i)LIMITS ON THE AMOUNT OF REGULATED NATURAL MEDICINE AND
REGULA TED NATURAL MEDICINE PRODUCT THAT IS ALLOWED FOR
PRODUCTION BY A NATURAL MEDICINE CULTIVATION FACILITY LICENSE OR
NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE BASED ON A METRIC
OR SET OF METRICS. WHEN CONSIDERING ANY LIMITATIONS, THE STATE
LICENSING AUTHORITY SHALL CONSIDER THE TOTAL CURRENT AND
ANTICIPATED DEMAND FOR REGULATED NATURAL MEDICINE AND
REGULATED NATURAL MEDICINE PRODUCT IN COLORADO AND ATTEMPT TO
MINIMIZE THE MARKET FOR UNLAWFUL NATURAL MEDICINE AND NATURAL
MEDICINE PRODUCT.
U)RECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED
AVAILABILITY OF THE RECORDS FOR INSPECTION BY THE STATE LICENSING
AUTHORITY;
(k)REQUIREMENTS TO PREVENT THE TRANSFER OR DIVERSION OF
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT TO PERSONS UNDER
TWENTY-ONE YEARS OF AGE; (I)PERMITTED AND PROHIBITED TRANSFERS OF REGULATED NATURAL
MEDICINE AND REGULATED NATURAL MEDICINE PRODUCT BETWEEN
LICENSEES; PAGE 39-SENA TE BILL 23-290
{m) STANDARDS FOR ADVERTISING AND MARKETING A LICENSEE'S
SERVICES, INCLUDING: AVOIDING THE MISAPPROPRIATION AND
EXPLOITATION OF THE FEDERALLY RECOGNIZED AMERICAN TRIBES, AS
DEFINED IN SECTION 12-170-104 (7), AND INDIGENOUS PEOPLE,
COMMUNITIES, CUL TURES, AND RELIGIONS; A VOIDING THE EXCESSIVE
COMMERCIALIZATION OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT,
AND NATURAL MEDICINE SERVICES; PROHIBITING ADVERTISING AND
MARKETING OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT, AND
NATURAL MEDICINE SERVICES DIRECTED TO INDIVIDUALS WHO ARE UNDER
TWENTY-ONE YEARS OF AGE; AND OTHER PARAMETERS DETERMINED
NECESSARY BY THE STATE LICENSING AUTHORITY.
{n) THE STANDARDS FOR QUALIFICATION AS A LICENSEE, INCLUDING
ENVIRONMENTAL, SOCIAL, AND GOVERNANCE CRITERIA DIRECTED TO THE
FINDINGS AND DECLARATIONS SET FORTH IN SECTION 12-170-102.
(2)Permissive rule-making. RULES PROMULGATED PURSUANT TO
SECTION 44-50-202 ( 1 )(b) MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING SUBJECTS: {a) ESTABLISHMENT OF LICENSES, AND THE PRIVILEGES AND
RESTRICTIONS PURSUANT TO SUCH LICENSES, DETERMINED NECESSARY BY
THE STATE LICENSING AUTHORITY TO IMPLEMENT OR ADMINISTER THIS
ARTICLE 50; {b) ESTABLISHMENT OF A PRINCIPLE FILE PROCESS AND
REQUIREMENTS FOR AN APPLICANT SEEKING TO EXERCISE THE PRIVILEGES OF
A LICENSE TYPE IN MULTIPLE LOCATIONS OR SEEKING TO EXERCISE THE
PRIVILEGES OF MULTIPLE LICENSE TYPES;
(c)REQUIREMENTS FOR ISSUANCE OF CO-LOCATION PERMITS TO A
LICENSEE AUTHORIZING CO-LOCATION WITH ANOTHER LICENSED PREMISES; (d)REQUIREMENTS AND RESTRICTIONS ON DIFFERENT TYPES OF
REGULA TED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT;
( e)PACKAGING AND LABELING REQUIREMENTS FOR REGULATED
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT,
INCLUDING:
PAGE 40-SENA TE BILL 23-290
AND (I)WARNING LABELS;(II)INDIVIDUAL SERVING AND PER-PACKAGE SERVING AMOUNTS;
(Ill) CONCENTRATION OF THE REGULA TED NATURAL MEDICINE OR
REGULATED NATURAL MEDICINE PRODUCT; (t)SECURITY REQUIREMENTS FOR LICENSED PREMISES, INCLUDING
LIGHTING, PHYSICAL SECURITY, VIDEO, AND ALARM REQUIREMENTS, AND
OTHER MINIMUM PROCEDURES FOR INTERNAL CONTROL AS DEEMED
NECESSARY BY THE STATE LICENSING AUTHORITY TO PROPERLY ADMINISTER
AND ENFORCE THE PROVISIONS OF THIS ARTICLE 50, INCLUDING REPORTING
REQUIREMENTS FOR CHANGES, ALTERATIONS, MODIFICATIONS TO THE
PREMISES, OR ACTIVITIES OR INCIDENTS ON THE PREMISES; (g)HEAL TH AND SAFETY REGULATIONS AND STANDARDS;(h)SANITARY REQUIREMENTS;(i)WASTE, DISPOSAL, AND DESTRUCTION REQUIREMENTS OF
REGULA TED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT, INCLUDING RECORD-KEEPING REQUIREMENTS;
U)STORAGE AND TRANSPORTATION OF REGULATED NATURAL
MEDICINE OR REGULA TED NATURAL MEDICINE PRODUCT; (k)REQUIREMENTS OF LICENSEES TO TRACK AND MANAGE
INVENTORY;
(1)COMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY
PROVISION OF THIS ARTICLE 50, ARTICLE 18 OF TITLE 18, OR ANY RULE
PROMULGATED PURSUANT TO THIS ARTICLE 50, INCLUDING PROCEDURES AND
GROUNDS FOR DENYING, SUSPENDING, FINING, MODIFYING, RESTRICTING, OR
REVOKING A STATE LICENSE ISSUED PURSUANT TO THIS ARTICLE 50 OR ANY
RULE PROMULGATED PURSUANT TO THIS ARTICLE 50; (m)ESTABLISHING A SCHEDULE OF PENAL TIES FOR ALLEGED
VIOLATIONS OF STATUTES AND RULES;
PAGE 41-SENATE BILL 23-290
(n)SPECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF THE
STATE LICENSING AUTHORITY; ( o)GUIDANCE FOR LAW ENFORCEMENT OFFICERS;(p)REQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,
SEIZURES, FORFEITURES, EMBARGO, QUARANTINE, RECALLS, AND SUCH
ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY; (q)PROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES;
AND (r)SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR,
IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS
ARTICLE 50.
(3)THE STATE LICENSING AUTHORITY SHALL CONSULT THE BOARD
WHEN CONSIDERING AND PROMULGATING RULES PURSUANT TO THIS
SECTION. (4)(a) THE STATE LICENSING AUTHORITY MAY, BY RULE, ESTABLISH
PROCEDURES FOR THE CONDITIONAL ISSUANCE OF AN EMPLOYEE LICENSE
IDENTIFICATION CARD AT THE TIME OF APPLICATION. (b)(I) THE STATE LICENSING AUTHORITY SHALL BASE ITS ISSUANCE
OF AN EMPLOYEE LICENSE IDENTIFICATION CARD PURSUANT TO THIS
SUBSECTION (4) ON THE RESULTS OF AN INITIAL INVESTIGATION THAT
DEMONSTRATES THE APPLICANT IS QUALIFIED TO HOLD A LICENSE. THE
EMPLOYEE LICENSE APPLICATION FOR WHICH AN EMPLOYEE LICENSE
IDENTIFICATION CARD WAS ISSUED PURSUANT TO THIS SUBSECTION (4) REMAINS SUBJECT TO DENIAL PENDING THE COMPLETE RESULTS OF THE
APPLICANT'S INITIAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK. (II)RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK THAT DEMONSTRATE THAT AN APPLICANT POSSESSING AN EMPLOYEE
LICENSE IDENTIFICATION CARD PURSUANT TO THIS SUBSECTION (4) IS NOT
QUALIFIED TO HOLD A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50 ARE
GROUNDS FOR DENIAL OF THE EMPLOYEE LICENSE APPLICATION. IF THE
EMPLOYEE LICENSE APPLICATION IS DENIED, THE APPLICANT SHALL RETURN
PAGE 42-SENATE BILL 23-290
THE EMPLOYEE LICENSE IDENTIFICATION CARD TO THE STATE LICENSING
AUTHORITY WITHIN A TIME PERIOD THAT THE STATE LICENSING AUTHORITY
ESTABLISHES BY RULE.
(III)THE STATE LICENSING AUTHORITY SHALL REQUIRE THE
APPLICANT TO HA VE THE APPLICANT'S FINGERPRINTS TAKEN BY A LOCAL
LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION. IF AN APPROVED THIRD PARTY
TAKES THE APPLICANT'S FINGERPRINTS, THE FINGERPRINTS MAY BE
ELECTRONICALLY CAPTURED USING THE COLORADO BUREAU OF
INVESTIGATION'S APPROVED LIFESCAN EQUIPMENT. A THIRD PARTY SHALL
NOT KEEP THE APPLICANT INFORMATION FOR MORE THAN THIRTY DAYS
UNLESS REQUESTED BY THE APPLICANT. THE STATE LICENSING AUTHORITY
SHALL SEND THE APPLICANT'S FINGERPRINTS TO THE COLORADO BUREAU OF
INVESTIGATION FOR THE PURPOSE OF FINGERPRINT PROCESSING BY UTILIZING
THE FILES AND RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND
THE FEDERAL BUREAU OF INVESTIGATION.
44-50-204. Confidentiality. (1) THE STATE LICENSING AUTHORITY
SHALL MAINTAIN THE CONFIDENTIALITY OF:
(a)REPORTS OR OTHER INFORMATION OBTAINED FROM A LICENSEE
OR A LICENSE APPLICANT CONTAINING ANY INDIVIDUALIZED DATA,
INFORMATION, OR RECORDS RELATED TO THE APPLICANT; LICENSEE;
LICENSEE'S OPERATION, INCLUDING SALES INFORMATION, LEASES, BUSINESS
ORGANIZATION RECORDS, FINANCIAL RECORDS, TAX RETURNS, CREDIT
REPORTS, CULTIVATION INFORMATION, TESTING RESULTS, AND SECURITY
INFORMATION AND PLANS; ANY PARTICIPANT INFORMATION; OR ANY OTHER
RECORDS THAT ARE EXEMPT FROM PUBLIC INSPECTION PURSUANT TO STATE
LAW. SUCH REPORTS OR OTHER INFORMATION MAY BE USED ONLY FOR A
PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR A RULE PROMULGATED
PURSUANT TO THIS ARTICLE 50 FOR INVESTIGATION OR ENFORCEMENT OF
ANY INTERNATIONAL, FEDERAL, ST ATE, OR LOCAL SECURITIES LAW OR
REGULATION, OR FOR ANY OTHER ST ATE OR LOCAL LAW ENFORCEMENT
PURPOSE. ANY INFORMATION RELEASED RELATED TO A PARTICIPANT MAY BE
USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE 50, AS A PART OF
AN ACTIVE INVESTIGATION, AS A PART OF A PROCEEDING AUTHORIZED BY
THIS ARTICLE50,0R FORANY STATE ORLOCAL LAWENFORCEMENT PURPOSE
INVOLVING EVIDENCE OF SALES TRANSACTIONS IN VIOLATION OF THIS
ARTICLE 50 OR EVIDENCE OF CRIMINAL ACTIVITY. THE INFORMATION OR
PAGE 43-SENA TE BILL 23-290
RECORDS RELATED TO A PARTICIPANT CONSTITUTE MEDICAL DATA AS
DESCRIBED BY SECTION 24-72-204 (3)(a)(I), AND THE INFORMATION OR
RECORDS MAY ONLY BE DISCLOSED TO THOSE PERSONS DIRECTLY INVOLVED
WITH AN ACTIVE INVESTIGATION OR PROCEEDING. (b)INVESTIGATIVE RECORDS AND DOCUMENTS RELATED TO ONGOING
INVESTIGATIONS. THOSE RECORDS AND DOCUMENTS MAY BE USED ONLY FOR
A PURPOSE AUTHORIZED BY THIS ARTICLE 50 OR RULES PROMULGATED BY
THIS ARTICLE 50, OR FOR ANY OTHER ST ATE OR LOCAL LAW ENFORCEMENT
PURPOSE.
(c)COMPUTER SYSTEMS MAINTAINED BY THE STATE LICENSING
AUTHORITY AND THE VENDORS WITH WHICH THE STATE LICENSING
AUTHORITY HAS CONTRACTED.
(2)THE STATE LICENSING AUTHORITY SHALL MAKE AVAILABLE FOR
PUBLIC INSPECTION:
(a)DOCUMENTS RELATED TO FINAL AGENCY ACTIONS AND ORDERS;(b)RECORDS RELATED TO TESTING ON AN AGGREGATED AND
DE-IDENTIFIED BASIS;
( c)DEMOGRAPHIC INFORMATION RELATED TO APPLICANTS AND
LICENSEES AVAILABLE ON AN AGGREGATED AND DE-IDENTIFIED BASIS; AND
( d)ENFORCEMENT FORMS AND COMPLIANCE CHECKLISTS.
PART 3
LICENSE TYPES
44-50-301. Classes of licenses. (1) FOR THE PURPOSE OF
REGULATING THE CULTIVATION, MANUFACTURING, TESTING, STORAGE,
DISTRIBUTION, TRANSPORT, TRANSFER, AND DISPENSATION OF REGULATED
NATURAL MEDICINE OR REGULATED NATURAL MEDICINE PRODUCT, THE
STATE LICENSING AUTHORITY IN ITS DISCRETION, UPON APPLICATION IN THE
PRESCRIBED FORM, MAY ISSUE AND GRANT TO THE APPLICANT A LICENSE
FROM ANY OF THE CLASSES LISTED IN SUBSECTION (2) OF THIS SECTION,
SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY THIS ARTICLE
50 OR A RULE PROMULGATED PURSUANT TO THIS ARTICLE 50.
PAGE 44-SENA TE BILL 23-290
(2)(a) THEFOLLOWINGARENATURAL MEDICINE BUSINESS LICENSES:(I)NATURAL MEDICINE HEALING CENTER LICENSE;(II)NATURAL MEDICINE CULTIVATION FACILITY LICENSE;(III)NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE;(IV)NATURAL MEDICINE TESTING FACILITY LICENSE; AND
(V)ANY NATURAL MEDICINE BUSINESS LICENSE DETERMINED
NECESSARY BY THE STATE LICENSING AUTHORITY.
(b)THE FOLLOWING ARE NATURAL MEDICINE LICENSES OR
REGISTRATIONS: OCCUPATIONAL LICENSES AND REGISTRATIONS FOR
OWNERS, MANAGERS, OPERA TORS, EMPLOYEES, CONTRACTORS, AND OTHER
SUPPORT STAFF EMPLOYED BY, WORKING IN, OR HAYING ACCESS TO
RESTRICTED AREAS OF THE LICENSED PREMISES, AS DETERMINED BY THE
STATE LICENSING AUTHORITY.THE STATELICENSING AUTHORITYMAY TAKE
ANY ACTION WITH RESPECT TO A REGISTRATION OR PERMIT PURSUANT TO
THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 AS
IT MAY, WITH RESPECT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50
OR RULES PROMULGATED PURSUANT TO THIS ARTICLE 50 IN ACCORDANCE
WITH THE PROCEDURES EST AB LISH ED PURSUANT TO THIS ARTICLE 50 OR
RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
(3)A ST ATE CHARTERED BANK OR A CREDIT UNION MAY LOAN
MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE 50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE 50 FOR THE OPERATION OF A
LICENSED NATURAL MEDICINE BUSINESS.
( 4)A PERSON MAY NOT OPERATE A LICENSE ISSUED PURSUANT TO
THIS ARTICLE 50 AT THE SAME LOCATION AS A LICENSE OR PERMIT ISSUED
PURSUANT TO ARTICLE 3, 4, 5, OR 10 OF THIS TITLE 44.
44-50-302. Restrictions for applications for new licenses. ( 1) THE
STATE LICENSING AUTHORITY SHALL NOT RECEIVE OR ACT UPON AN
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
PURSUANT TO THIS ARTICLE 50:
PAGE 45-SENATE BILL 23-290
(a)IF THE APPLICATION FOR A LICENSE CONCERNS A PARTICULAR
LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND FEET OF A
LOCATION FOR WHICH, WITHIN THE TWO YEARS IMMEDIATELY PRECEDING
THE DATE OF THE APPLICATION, THE STATE LICENSING AUTHORITY DENIED
AN APPLICATION FOR THE SAME CLASS OF LICENSE DUE TO THE NATURE OF
THE USE OR OTHER CONCERN RELATED TO THE LOCATION;
(b)UNTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,
ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE
UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR
POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE
PREMISES;
(c)FOR A LOCATION IN AN AREA WHERE THE CULTIVATION,
MANUFACTURING, TESTING, STORAGE, DISTRIBUTION, TRANSFER, AND
DISPENSATION OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS
CONTEMPLATED IS NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS OF
THE LOCAL JURISDICTION; (d)(I) IF THE BUILDING WHERE NATURAL MEDICINE SERVICES ARE
PROVIDED IS WITHIN ONE THOUSAND FEET OF A CHILD CARE CENTER;
PRESCHOOL; ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL; OR A
RESIDENTIAL CHILD CARE FACILITY. THE PROVISIONS OF THIS SECTION DO
NOT AFFECT THE RENEWAL OR REISSUANCEOF A LICENSE ONCE GRANTED OR
APPLY TO LICENSED PREMISES LOCATED OR TO BE LOCATED ON LAND OWNED
BY A MUNICIPALITY, NOR DO THE PROVISIONS OF THIS SECTION APPLY TO AN
EXISTING LICENSED PREMISES ON LAND OWNED BY THE ST ATE OR APPLY TO
A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE THE SCHOOL
OR FACILITY WAS CONSTRUCTED. THE GOVERNING BODY OF A MUNICIPALITY,
BY ORDINANCE; AND THE GOVERNING BODY OF A COUNTY, BY RESOLUTION,
MAY VARY THE DISTANCE RESTRICTIONS IMPOSED BY THIS SUBSECTION
( 1 )( d)(l) FOR A LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS
OR FACILITIES FROM THE APPLICATION OF A DISTANCE RESTRICTION
ESTABLISHED BY OR PURSUANT TO THIS SUBSECTION ( 1 )( d)(I).
(II)THE DISTANCES REFERRED TO IN THIS SUBSECTION ( 1 )( d) MUST
BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE
OF THE LAND USED FOR A SCHOOL OR FACILITY TO THE NEAREST PORTION OF
THEBUILDING INWHICHNATURALMEDICINESERVICESAREPROVIDED,USING
A ROUTE OF DIRECT PEDESTRIAN ACCESS.
PAGE 46-SENATE BILL 23-290
(Ill) THE ST A TE LICENSING AUTHORITY SHALL CONSIDER THE
EVIDENCE AND MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE
BUILDING IN WHICH THE NATURAL MEDICINE BUSINESS IS LOCATED IS WITHIN
ANY DISTANCE RESTRICTIONS ESTABLISHED BY OR PURSUANT TO THIS
SUBSECTION (l)(d).
(2)THE STATE LICENSING AUTHORITY SHALL NOT APPROVE AN
APPLICATION FOR THE ISSUANCE OF A NATURAL MEDICINE BUSINESS LICENSE
PURSUANT TO THIS ARTICLE 50 UNTIL THE STATE LICENSING AUTHORITY
ESTABLISHES THAT THE APPLICANT IS, OR WILL BE, ENTITLED TO POSSESSION
OF THE PREMISES FOR WHICH APPLICATION IS MADE UNDER A LEASE, RENTAL
AGREEMENT, OR OTHER ARRANGEMENT FOR POSSESSION OF THE PREMISES
OR BY VIRTUE OF OWNERSHIP OF THE PREMISES.
PART 4
NATURAL MEDICINE LICENSE TYPES
44-50-401. Natural medicine healing center license-rules. (1) A
NATURAL MEDICINE HEALING CENTER LICENSE MAY BE ISSUED ONLY TO A
PERSON THAT EMPLOYS OR CONTRACTS WITH A FACILITATOR WHO PROVIDES
NATURAL MEDICINE SERVICES PURSUANT TO THE TERMS AND CONDITIONS OF
ARTICLE 170 OF TITLE 12.
(2)A NATURAL MEDICINE HEALING CENTER LICENSEE MAY TRANSFER
REGULATED NATURAL MEDICINE OR REGULATED NATURAL MEDICINE
PRODUCT TO ANOTHER NATURAL MEDICINE HEALING CENTER LICENSEE
PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING AUTHORITY.
(3)PRIOR TO INITIATING NATURAL MEDICINE SERVICES, THE
FACILITATOR OF THE NATURAL MEDICINE HEALING CENTER LICENSEE SHALL
VERIFY THAT THE PARTICIPANT IS TWENTY-ONE YEARS OF AGE OR OLDER.
( 4)A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL COMPLY
WITH ALL PROVISIONS OF ARTICLE 34 OF TITLE 24, AS THE PROVISIONS
RELATE TO PERSONS WITH DISABILITIES.
(5)(a) EXCEPT AS PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION,
A NATURAL MEDICINE HEALING CENTER LICENSEE SHALL NOT TRANSFER,
INDIVIDUALLY OR IN ANY COMBINATION, MORE THAN AN AMOUNT
PRO MULGA TED BY RULE OF NATURAL MEDICINE AND NATURAL MEDICINE
PAGE 47-SENATE BILL 23-290
PRODUCT TO A PARTICIPANT IN A SINGLE ADMINISTRATION SESSION.
(b)THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO
ESTABLISH CERTAIN EXEMPTIONS TO THE NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT LIMITATION AND MAY ESTABLISH RECORD-KEEPING
REQUIREMENTS FOR NATURAL MEDICINE HEALING CENTER LICENSEES
PURSUANT TO ANY EXEMPTION TO THE ADMINISTRATION LIMITATION.
44-50-402. Natural medicine cultivation facility license. (1) A
NATURAL MEDICINE CULTIVATION FACILITY LICENSE MAY BE ISSUED ONLY
TO A PERSON WHO CULTIVATES REGULA TED NATURAL MEDICINE FOR
TRANSFER AND DISTRIBUTION TO NATURAL MEDICINE HEALING CENTER
LICENSEES, NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEES, OR
OTHER NATURAL MEDICINE CULTIVATION FACILITY LICENSEES.
(2)NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT MUST NOT
BE CONSUMED ON THE NATURAL MEDICINE CULTIVATION FACILITY
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE'S
LICENSED PREMISES.
44-50-403. Natural medicine product manufacturer license.(1)(a) A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSE MAY BE
ISSUED TO A PERSON WHO MANUFACTURES REGULATED NATURAL MEDICINE
PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS ARTICLE 50
AND RULES PROMULGATED PURSUANT TO THIS ARTICLE 50.
(b)A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE MAY
CULTIVATE ITS OWN REGULATED NATURAL MEDICINE PURSUANT TO A
NATURAL MEDICINE CULTIVATION FACILITY LICENSEE.
( C)A NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE SHALL
NOT:
(I)ADD ANY REGULATED NATURAL MEDICINE TO A FOOD PRODUCT
IF THE MANUFACTURER OF THE FOOD PRODUCT HOLDS A TRADEMARK TO THE
FOOD PRODUCT'S NAME; EXCEPT THAT A NATURAL MEDICINE PRODUCT
MANUFACTURER LICENSEE MAY USE A TRADEMARKED FOOD PRODUCT IF THE
MANUFACTURER USES THE PRODUCT AS A COMPONENT OR AS PART OF A
RECIPE AND IF THE NATURAL MEDICINE PRODUCT MANUFACTURER LICENSEE
PAGE 48-SENA TE BILL 23-290
DOES NOT STATE OR ADVERTISE TO THE CONSUMER THAT THE FINAL
NATURAL MEDICINE PRODUCT CONTAINS A TRADEMARKED FOOD PRODUCT; (II)INTENTIONALLY OR KNOWINGLY LABEL OR PACKAGE NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IN A MANNER THAT WOULD
CAUSE A REASONABLE CONSUMER CONFUSION AS TO WHETHER THE NATURAL
MEDICINE PRODUCT WAS A TRADEMARKED FOOD PRODUCT; OR
(Ill) LABEL OR PACKAGE A PRODUCT IN A MANNER THAT VIOLATES
ANY FEDERAL TRADEMARK LAW OR REGULATION.
(2)NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT MUST
NOT BE CONSUMED ON A NATURAL MEDICINE PRODUCT MANUFACTURER
LICENSEE'S LICENSED PREMISES, UNLESS THE LICENSED PREMISES IS
CO-LOCATED WITH A NATURAL MEDICINE HEALING CENTER LICENSEE'S
LICENSED PREMISES.
44-50-404. Natural medicine testing facility license -rules.
(1)(a) A NATURAL MEDICINE TESTING FACILITY LICENSE MAY BE ISSUED TO
A PERSON WHO PERFORMS TESTING AND RESEARCH ON NATURAL MEDICINE
AND NATURAL MEDICINE PRODUCT.(b)THE TESTING OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCT, AND THE ASSOCIATED STANDARDS, IS A MATTER OF STATEWIDE
CONCERN. (2)THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
RELATED TO ACCEPT ABLE TESTING AND RESEARCH PRACTICES, INCLUDING
BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS,
EQUIPMENT CERTIFICATION AND CALIBRATION, IDENTIFICATION OF
CHEMICALS AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH
METHODS, AND WHETHER TO ALLOW A NATURAL PERSON TO REQUEST AND
UTILIZE TESTING SERVICES OF NATURAL MEDICINE AND NATURAL MEDICINE
PRODUCTIF THENATURALPERSONISTWENTY-ONEYEARSOFAGEOROLDER. (3)A PERSON WHO HAS AN INTEREST IN A NATURAL MEDICINE
TESTING FACILITY LICENSE SHALL NOT HAVE ANY INTEREST IN A LICENSED
NATURAL MEDICINE HEALING CENTER, A LICENSED NATURAL MEDICINE
CULTIVATION FACILITY, A LICENSED NATURAL MEDICINE PRODUCT
MANUFACTURER, OR A NATURAL MEDICINE LICENSE ISSUED BY THE STATE
PAGE 49-SENA TE BILL 23-290
LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE 50.
PARTS
UNLAWFUL ACTS
44-50-501. Unlawful acts. ( 1) EXCEPT AS OTHERWISE PROVIDED IN
THIS ARTICLE 50, IT IS UNLAWFUL FOR A LICENSEE TO:
(a)KNOWINGLY TRANSFER NATURAL MEDICINE OR A NATURAL
MEDICINE PRODUCT TO A PERSON UNDER TWENTY-ONE YEARS OF AGE; OR
(b)KNOWINGLY ADULTERATE OR ALTER, OR ATTEMPT TO
ADULTERATE OR ALTER, ANY SAMPLE OF REGULATED NATURAL MEDICINE OR
A NATURAL MEDICINE PRODUCT FOR THE PURPOSE OF CIRCUMVENTING
TESTING REQUIREMENTS.
PART6
FEES
44-50-601. Regulated natural medicine cash fund -created -
rules. (1) (a) ALL MONEY COLLECTED BY THE STATELICENSING AUTHORITY
PURSUANT TO THIS ARTICLE 50 OR RULES PROMULGATED PURSUANT TO THIS
ARTICLE 50 MUST BE TRANSMITTED TO THE ST ATE TREASURER, WHO SHALL
CREDIT THE SAME TO THE REGULATED NATURAL MEDICINE DIVISION CASH
FUND, WHICH IS HEREBY CREATED. THE REGULATED NATURAL MEDICINE
DIVISION CASH FUND, REFERRED TO IN THIS SECTION AS THE "FUND",
CONSISTS OF: (I)THE MONEY COLLECTED BY THE STATE LICENSING AUTHORITY;
AND
(II)ANY ADDITIONAL GENERAL FUND MONEY APPROPRIATED TO THE
FUND THAT IS NECESSARY FOR THE OPERATION OF THE STATE LICENSING
AUTHORITY.
(b)MONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION BY
THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND
INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE 50.
PAGE 50-SENA TE BILL 23-290
( c)ANY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSES OF
THIS SECTION MAY BE INVESTED BY THE STA TE TREASURER AS PROVIDED BY
LAW. ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND
DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO THE FUND. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF A FISCAL YEAR REMAINS IN THE FUND AND SHALL NOT BE CREDITED
OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.
(2)THE EXECUTIVE DIRECTOR 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 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).
(3) (a) THE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR
PROCESSING THE APPLICATIONS OR LICENSES PURSUANT TO SECTION
44-50-301.
(b)THE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES
TRANSFERRED TO THE FUND PURSUANT TO THIS SECTION, MUST REFLECT THE
ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY
IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE 50 SO THAT
THE FEES AVOID EXCEEDING THE STATUTORY LIMIT ON UNCOMMITTED
RESERVES IN ADMINISTRATIVE AGENCY CASH FUNDS AS SET FORTH IN
SECTION 24-75-402 (3).
(c)THE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS
LICENSED PURSUANT TO THIS ARTICLE 50 A FEE FOR THE COST OF EACH
FINGERPRINT ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN TO
QUALIFY NEW OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.
(d)AT LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL
REVIEW THE AMOUNTS OF THE FEES AND, IF NECESSARY, ADJUST THE
AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE ST A TE
LICENSING AUTHORITY.
PAGE 51-SENA TE BILL 23-290
(e)THE FEES ESTABLISHED AND COLLECTED PURSUANT TO THIS
SECTION MUST NOT EXCEED THE AMOUNT NECESSARY TO ADMINISTER THIS
ARTICLE 50.
(4)EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, THE
STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL BE
PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE LICENSING
AUTHORITY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT THE RATE
PRESCRIBED FOR ST A TE OFFICERS AND EMPLOYEES IN SECTION 24-9-104 FOR
EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN GOING TO AND
RETURNING FROM THE PLACE NAMED IN THE SUBPOENA. IF THE PERSON
NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE NAMED IN THE
SUBPOENA FOR MORE THAN ONE DAY, THERE SHALL BE PAID, IN ADVANCE,
A SUM TO BE ESTABLISHED BY THE STATE LICENSING AUTHORITY FOR EACH
DAY OF ATTENDANCE TO COVER THE EXPENSES OF THE PERSON NAMED IN
THE SUBPOENA.
(5)THE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION (4)
OF THIS SECTION DOES NOT APPLY TO ANY FEDERAL, STATE, OR LOCAL
GOVERNMENTAL AGENCY.
44-50-602. Fees -allocation. ( 1) EXCEPT AS OTHER WISE PROVIDED,
ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE 50 SHALL BE PAID TO
THE STATE LICENSING AUTHORITY, WHICH SHALL TRANSMIT THEFEESTOTHE
STATE TREASURER. THE STATE TREASURER SHALL CREDIT THE FEES TO THE
REGULA TED NATURAL MEDICINE DIVISION CASH FUND CREATED IN SECTION
44-50-601.
(2)THE EXPENDITURES OF THE STATE LICENSING AUTHORITY ARE
PAID OUT OF APPROPRIATIONS FROM THE REGULATED NATURAL MEDICINE
DIVISION CASH FUND CREATED IN SECTION 44-50-601.
PART7
DISCIPLINARY ACTIONS
44-50-701. Suspension -revocation -fines. (1) IN ADDITION TO
ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE 50 OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE 50, THE STATE LICENSING
AUTHORITY HAS THE POWER, ON ITS OWN MOTION OR ON COMPLAINT, AFTER
INVESTIGATION AND OPPORTUNITY FOR A PUBLIC HEARING AT WHICH THE
PAGE 52-SENA TE BILL 23-290
LICENSEE MUST BE AFFORDED AN OPPORTUNITY TO BE HEARD, TO FINE A
LICENSEE OR TO SUSPEND OR REVOKE A LICENSE ISSUED BY THE AUTHORITY
FOR A VIOLATION BY THE LICENSEE OR BY ANY OF THE AGENTS OR
EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS ARTICLE 50, OR
ANY OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE 50, OR OF
ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE ISSUED BY
THE STATE LICENSING AUTHORITY. THE STATE LICENSING AUTHORITY HAS
THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE
PRESENCE OF PERSONS AND THE PRODUCTION OF PAPERS, BOOKS, AND
RECORDS NECESSARY TO THE DETERMINATION OF A HEARING THAT THE
STATE LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT.
(2)THE STATE LICENSING AUTHORITY SHALL PROVIDE NOTICE OF
SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL AS THE
REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION ( 1) OF THIS
SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE
ADDRESS CONTAINED IN THE LICENSE AND, IF DIFFERENT, AT THE LAST
ADDRESS FURNISHED TO THE AUTHORITY BY THE LICENSEE. EXCEPT IN THE
CASE OF A SUMMARY SUSPENSION, A SUSPENSION MAY NOT EXCEED SIX
MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED, A PART OF THE FEES PAID
FOR THE LICENSE ARE NOT RETURNED TO THE LICENSEE. ANY LICENSE,
REGISTRATION, OR PERMIT MAY BE SUMMARILY SUSPENDED BY THE STATE
LICENSING AUTHORITY WITHOUT NOTICE PENDING ANY PROSECUTION,
INVESTIGATION, OR PUBLIC HEARING PURSUANT TO THE TERMS OF SECTION
24-4-104 (4). NOTHING IN THIS SECTION PREVENTS THE SUMMARY
SUSPENSION OF A LICENSE PURSUANT TO SECTION 24-4-104 (4).
PARTS
JUDICIAL REVIEW
44-50-801. Judicial review. DECISIONS BY THE STATE LICENSING
AUTHORITY ARE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
24-4-106.
PART 9
PROTECTIONS, CONSTRUCTION,
PREEMPTION, AND SEVERABILITY
44-50-901. Protections. (1) SUBJECT TO THE LIMITATIONS IN THIS
ARTICLE 50 AND ARTICLE 170 OF TITLE 12, BUT NOTWITHSTANDING ANY
PAGE 53-SENATE BILL 23-290
OTHER PROVISION OF LAW:
(a)ACTIONS AND CONDUCT PERMITTED PURSUANT TO A LICENSE,
REGISTRATION, OR PERMIT ISSUED BY THE STATE LICENSING AUTHORITY
PURSUANT TO THIS ARTICLE 50, OR BY THOSE WHO ALLOW PROPERTY TO BE
USED PURSUANT TO A LICENSE ISSUED PURSUANT TO THIS ARTICLE 50, ARE
LAWFUL AND ARE NOT AN OFFENSE UNDER STATE LAW OR THE LAWS OF ANY
LOCAL JURISDICTION WITHIN THE STATE; ARE NOT SUBJECT TO A CIVIL FINE,
PENALTY, OR SANCTION; ARE NOT A BASIS FOR DETENTION, SEARCH, OR
ARREST; ARE NOT A BASIS TO DENY ANY RIGHT OR PRIVILEGE; AND ARE NOT
A BASIS TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF
ANY LOCAL JURISDICTION WITHIN THIS STATE;
(b)A CONTRACT IS NOT UNENFORCEABLE ON THE BASIS THAT
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS ALLOWED
PURSUANT TO THIS ARTICLE 50, IS PROHIBITED BY FEDERAL LAW;
(c)A LICENSEE, REGISTRANT, OR PERMITTEE PURSUANT TO THIS
ARTICLE 50 IS NOT SUBJECT TO DISCIPLINE OR LOSS OF A PROFESSIONAL
LICENSE OR CERTIFICATION FOR PROVIDING ADVICE OR SERVICES ARISING
OUT OF OR RELATED TO NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT, APPLICATIONS FOR LICENSES ON THE BASIS THAT NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW,
OR FOR PERSONAL USE OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT AS ALLOWED PURSUANT TO THIS ARTICLE 50. THIS SUBSECTION
(l)(c) DOES NOT PERMIT A LICENSEE, REGISTRANT, OR PERMITTEE TO
ENGAGE IN MALPRACTICE.
(d)MENTAL HEALTH CARE, SUBSTANCE USE DISORDER
INTERVENTION, OR BEHAVIORAL HEALTH SERVICES OTHERWISE COVERED
UNDER THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF
TITLE 25.5, MUST NOT BE DENIED ON THE BASIS THAT THEY ARE COVERED IN
CONJUNCTION WITH NATURAL MEDICINE SERVICES, OR THAT NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IS PROHIBITED BY FEDERAL LAW.
INSURANCE OR AN INSURANCE PROVIDER IS NOT REQUIRED TO COVER THE
COST OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT.
( e)NOTHING IN THIS SECTION MAY BE CONSTRUED OR INTERPRETED
TO PREVENT THE DIRECTOR OF THE NATURAL MEDICINE DIVISION FROM
ENFORCING ITS RULES AGAINST A LICENSEE OR TO LIMIT A ST ATE OR LOCAL
PAGE 54-SENA TE BILL 23-290
LAW ENFORCEMENT AGENCY'S ABILITY TO INVESTIGATE UNLAWFUL
ACTIVITY IN RELATION TO A LICENSEE.
44-50-902. Liberal construction. THIS ARTICLE 50 MUST BE
LIBERALLY CONSTRUED TO EFFECTUATE ITS PURPOSE.
44-50-903. Preemption. A LOCAL JURISDICTION SHALL NOT ADOPT,
ENACT, OR ENFORCE ANY ORDINANCE, RULE, OR RESOLUTION THAT ARE
OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ARTICLE 50.
44-50-904. Severability. IF ANY PROVISION OF THIS ARTICLE 50 IS
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL,
THE REMAINING PROVISIONS OF THIS ARTICLE 50 ARE VALID, UNLESS IT
APPEARS TO THE COURT THAT THE V AUD PROVISIONS OF THE STATUTE ARE
SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT
UPON, THE VOID PROVISION THAT IT CANNOT BE PRESUMED THAT THE
GENERAL ASSEMBLY WOULD HA VE ENACTED THE VALID PROVISIONS
WITHOUT THE VOID ONE; OR UNLESS THE COURT DETERMINES THAT THE
VALID PROVISIONS, STANDING ALONE, ARE INCOMPLETE AND ARE INCAPABLE
OF BEING EXECUTED IN ACCORDANCE WITH THE LEGISLATIVE INTENT.
PART 10
SUNSET REVIEW -ARTICLE REPEAL
44-50-1001. Sunset review -repeal of article. (1) THIS ARTICLE
50 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
(2)PRIOR TO THE REPEAL OF THIS ARTICLE 50, THE DEPARTMENT OF
REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS DESCRIBED
IN SECTION 24-34-104 (5).
SECTION 22. In Colorado Revised Statutes, 16-13-303, amend (9)
as follows:
16-13-303. Class 1 public nuisance. (9) A person acting in
compliance �ith the "Natural Medicine Health Act of2022", article 170 of
title 12 docs 1,ot V iolatc this section IT IS NOT A VIOLATION OF THIS SECTION
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
PAGE 55-SENATE BILL 23-290
SECTION 23. In Colorado Revised Statutes, 16-13-304, amend (2)
as follows:
16-13-304. Class 2 public nuisance. (2) A pe1sor1 acting in
compliance with the "Natural .Medicine Health Act of2022", article 170 of
title 12 does not violate this section IT IS NOT A VIOLATION OF THIS SECTION
IF A PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
SECTION 24. In Colorado Revised Statutes, 18-18-403 .5, amend
( 1)as follows:
18-18-403.5. Unlawful possession of a controlled substance -notice to revisor of statutes -repeal. ( 1) Except as authorized by part 1
or 3 of article 280 of title 12, part 2 of article 80 of title 27, section
18-1-711, section 18-18-428 ( 1 )(b ), part 2 or 3 of this article 18, or-the"Natural Medicine Health Act of 2022", article 170 of title 12 SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is
unlawful for a person knowingly to possess a controlled substance.
SECTION 25. In Colorado Revised Statutes, 18-18-404, amend
(l)(a) as follows:
18-18-404. Unlawful use of a controlled substance. (1) (a) Except
as is otherwise provided for offenses concerning marijuana and marijuana
concentrate in sections 18-18-406 and 18-18-406.5, 01 by the "Natural Medicine Health Act of 2022", article 170 of title 12 OR FOR NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT IN SECTION 18-18-434, ARTICLE
170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, any person who uses any
controlled substance, except when it is dispensed by or under the direction
of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a
level 2 drug misdemeanor.
SECTION 26. In Colorado Revised Statutes, 18-18-405, amend
(l)(a) as follows:
18-18-405. Unlawful distribution, manufacturing, dispensing, or
sale. (1) (a) Except as authorized by part 1 of article 280 of title 12, part 2 of article 80 of title 27, part 2 or 3 of this article 18, 01 by the "Natural
PAGE 56-SENATE BILL 23-290
Medicine Health Act of 202211, article 170 of title 12 SECTION 18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, it is unlawful for any
person knowingly to manufacture, dispense, sell, or distribute, or to possess
with intent to manufacture, dispense, sell, or distribute, a controlled
substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to
manufacture, dispense, sell, or distribute, a controlled substance; or possess
one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
SECTION 27. In Colorado Revised Statutes, amend 18-18-410 as
follows:
18-18-410. Declaration of class 1 public nuisance. Except as
permitted by the "Natutal Medicine Health Act of 202211, article 170 of title t2-AUTHORIZED BY SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR
ARTICLE 50 OF TITLE 44, any store, shop, warehouse, dwelling house,
building, vehicle, boat, or aircraft or any place whatsoever which THAT is frequented by controlled substance addicts for the unlawful use of
controlled substances or which is used for the unlawful storage,
manufacture, sale, or distribution of controlled substances is declared to be
a class 1 public nuisance and subject to the provisions of section 16-13-303.
C.R.S. Any real or personal property which THAT is seized or confiscated
as a result of an action to abate a public nuisance shall be disposed of
pursuant to part 7 of article 13 of title 16. C.R.S.
SECTION 28. In Colorado Revised Statutes, 18-18-411, repeal (5);
and add (3.5) as follows:
18-18-411. Keeping, maintaining, controlling, renting, or making
available property for unlawful distribution or manufacture of
controlled substances. (3.5) IT IS NOT A VIOLATION OF THIS SECTION IF A
PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
(5)A person actir1g in eoniplianee with the "Natutal Medicine
Health Act of 2022", article 170 of title 12 does not violate this section.
SECTION 29. In Colorado Revised Statutes, 18-18-412.7, repeal
(3); and add (1.5) as follows:
PAGE 57-SENATE BILL 23-290
18-18-412.7. Sale or distribution of materials to manufacture
controlled substances. (1.5) IT IS NOT A VIOLATION OF THIS SECTION IF A
PERSON IS ACTING IN COMPLIANCE WITH SECTION 18-18-434, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
(3)A person acting in compliance �ith the "Natural Medicine
Health Act of 2022", article 170 of title 12 does not violate this section.
SECTION 30. In Colorado Revised Statutes, 18-18-430.5, amend
(l)(c) as follows:
18-18-430.5. Drug paraphernalia -exemption. (1) A person is
exempt from sections 18-18-425 to 18-18-430 if the person is:
(c)Using equipment, products, or materials in compliance with the
"Natutal Medicine Health Act of 2022", article 170 of title 12 SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44. The
manufacture, possession, and distribution of such equipment, products, or
materials shall be IS authorized within the meaning of 21 U.S.C. 863 sec.
(f).
SECTION 31. In Colorado Revised Statutes, add 18-18-434 as
follows:
18-18-434. Offenses relating to natural medicine and naturalmedicine product-definitions. ( 1) A PERSON WHO IS UNDER TWENTY-ONE
YEARS OF AGE WHO KNOWINGLY POSSESSES OR CONSUMES NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG PETTY
OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF NOT
MORE THAN ONE HUNDRED DOLLARS OR NOT MORE THAN FOUR HOURS OF
SUBSTANCE USE EDUCATION OR COUNSELING; EXCEPT THAT A SECOND OR
SUBSEQUENT CONVICTION FOR A VIOLATION OF THIS SUBSECTION ( 1) IS
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS, NOT MORE
THAN FOUR HOURS OF SUBSTANCE USE EDUCATION OR COUNSELING, AND
NOT MORE THAN TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE.
(2)A PERSON WHO OPENLY AND PUBLICLY DISPLAYS OR CONSUMES
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT COMMITS A DRUG
PETTY OFFENSE AND, UPON CONVICTION THEREOF, IS SUBJECT TO A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS AND NOT MORE THAN
PAGE 58-SENATE BILL 23-290
TWENTY-FOUR HOURS OF USEFUL PUBLIC SERVICE.
(3)(a) A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE
THAT CUM ULA TIVEL Y EXCEEDS AN AREA OF MORE THAN TWELVE FEET WIDE
BY TWELVE FEET LONG IN ONE OR MORE CULTIVATION AREAS ON THE
PRIVATE PROPERTY, OR KNOWINGLY ALLOWS SUCH CULTIVATION ON
PRIVATE PROPERTY THAT THE PERSON OWNS, OCCUPIES, OR CONTROLS,
COMMITS A DRUG PETTY OFFENSE, AND UPON CONVICTION THEREOF, IS
SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
(b)(I) EXCEPT AS PROVIDED IN SUBSECTION (3)(b)(II) OF THIS
SECTION, A PERSON WHO KNOWINGLY CULTIVATES NATURAL MEDICINE ON
THE PRIVATE PROPERTY OUTSIDE OF AN ENCLOSED AND LOCKED SPACE, OR
KNOWINGLY ALLOWS SUCH CULTIVATION ON THE PRIVATE PROPERTY
OUTSIDE OF AN ENCLOSED AND LOCKED SPACE, THAT THE PERSON OWNS,
OCCUPIES, OR CONTROLS, COMMITS A DRUG PETTY OFFENSE, AND UPON
CONVICTION THEREOF, IS SUBJECT TO A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS. (II)IT IS NOT A VIOLATION OF THIS SUBSECTION (3 )(b) IF THE PERSON
WHO IS CULTIVATING NATURAL MEDICINE IS TWENTY-ONE YEARS OF AGE OR
OLDER, IF THE CULTIVATION AREA IS LOCATED IN A DWELLING ON THE
PRIVATE PROPERTY, AND: (A)IF A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
DWELLING, THE CULTIVATION AREA ITSELF IS ENCLOSED AND LOCKED; OR (B)IF NO PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
DWELLING, THE EXTERNAL LOCKS ON THE DWELLING CONSTITUTE AN
ENCLOSED AND LOCKED SPACE, BUT IF A PERSON UNDER TWENTY-ONE YEARS
OF AGE ENTERS THE DWELLING, THE PERSON CULTIVATING THE NATURAL
MEDICINE SHALL ENSURE THAT ACCESS TO THE CULTIVATION AREA IS
REASONABLY RESTRICTED FOR THE DURATION OF THE PERSON UNDER
TWENTY-ONE YEARS OF AGE'S PRESENCE IN THE PRIVATE PROPERTY.
(c)IT IS NOT A VIOLATION OF SUBSECTION (3)(a) OF THIS SECTION IF
A COUNTY, MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY PERMITS
THE CULTIVATION OF NATURAL MEDICINE THAT CUMULATIVELY EXCEEDS AN
AREA OF MORE THAN TWELVE FEET WIDE BY TWELVE FEET LONG IN ONE OR
MORE CULTIVATION AREAS ON THE PRIVATE PROPERTY AND THE PERSON
PAGE 59-SENA TE BILL 23-290
CULTIVATES THE NATURAL MEDICINE IN AN ENCLOSED AND LOCKED SPACE
WITHIN THE LIMITSETBYTHE COUNTY,MUNICIPALITY,ORCITYAND COUNTY
WHERE THE NATURAL MEDICINE IS LOCATED.
(4){a) IT IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED
PURSUANT TO ARTICLE 50 OF TITLE 44 TO KNOWINGLY MANUFACTURE
NATURAL MEDICINE PRODUCT USING AN INHERENTLY HAZARDOUS
SUBSTANCE.
{b) IT IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED PURSUANT
TO ARTICLE 50 OF TITLE 44 WHO OWNS, MANAGES, OPERA TES, OR OTHERWISE
CONTROLS THE USE OF A PROPERTY TO KNOWINGLY ALLOW NATURAL
MEDICINE PRODUCT TO BE MANUFACTURED ON THE PREMISES USING AN
INHERENTLY HAZARDOUS SUBSTANCE.
{ c) A PERSON WHO VIOLATES THIS SUBSECTION ( 4) COMMITS A LEVEL
2 DRUG FELONY.
(5)(a) UNLESS EXPRESSLY LIMITED BY THIS SECTION, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44, A PERSON WHO FOR THE PURPOSE
OF PERSONAL USE AND WITHOUT REM UN ERA TION, POSSESSES, CONSUMES,
SHARES, CULTIVATES, OR MANUFACTURES NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT, DOES NOT VIOLATE STATE LAW, OR COUNTY,
MUNICIPALITY, OR CITY AND COUNTY ORDINANCE, RULE, OR RESOLUTION.
(b)UNLESS EXPRESSLY LIMITED BY THIS SECTION, A PERSON WHO
PERFORMS TESTING ON NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT, AND POSSESSES NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT IN CONJUNCTION THEREWITH, FOR ANOTHER PERSON WHO IS
TWENTY-ONE YEARS OF AGE OR OLDER WHO SUBMITS FOR TESTING NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE,
DOES NOT VIOLATE STATE LAW, OR COUNTY, MUNICIPALITY, OR CITY AND
COUNTY ORDINANCE, RULE, OR RESOLUTION, ARTICLE 170 OF TITLE 12, OR
ARTICLE 50 OF TITLE 44, IF:
(I)THE PERSON PERFORMING THE TESTING PROVIDES WRITTEN
NOTICE TO THE PERSON SUBMITTING FOR TESTING NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT INTENDED FOR PERSONAL USE, THAT THE
PERSON IS NOT LICENSED BY THE STATE TO CONDUCT TESTING; AND
PAGE 60-SENATE BILL 23-290
(II)THE PERSON WHO SUBMITS FOR TESTING NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT PROVIDES A SIGNED STATEMENT THAT THE
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT IS INTENDED FOR
PERSONAL USE ONLY. (c)NOTHING IN THIS SECTION PERMITS A PERSON TO:(I)DISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT TO A PERSON UNDER TWENTY-ONE YEARS OF AGE; (II)DISPENSE, SELL, DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE, SELL, OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT FOR REMUNERATION, EXCEPT AS PROVIDED BY ARTICLE 170 OF
TITLE 12 AND ARTICLE 50 OF TITLE 44; (Ill) MANUFACTURE, CULTIVATE, POSSESS, CONSUME, USE, DISPENSE,
OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, OR
POSSESS WITH INTENT TO MANUFACTURE, CULTIVATE, POSSESS, CONSUME,
USE, DISPENSE, OR DISTRIBUTE NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT FOR A PURPOSE OTHER THAN PERSONAL USE OR AS PROVIDED BY
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; (IV)DISPENSE, DISTRIBUTE, OR POSSESS WITH INTENT TO DISPENSE
OR DISTRIBUTE, NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT AS A
PART OF A BUSINESS PROMOTION OR COMMERCIAL ACTIVITY, EXCEPT AS
PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44; OR
(V)DISPENSE, SELL, OR DISTRIBUTE, OR POSSESS WITH INTENT TO
DISPENSE, SELL, OR DISTRIBUTE, IBOGAINE OR NATURAL MEDICINE PRODUCT
THAT CONTAINS IBOGAINE TO ANOTHER PERSON, EXCEPT AS PROVIDED BY
ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44. ( d)A PEACE OFFICER SHALL NOT ARREST A PERSON, AND A DISTRICT
ATTORNEY SHALL NOT CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL
OFFENSE INVOLVING NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT
PURSUANT TO THIS PART 4, EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION. (e)NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
PAGE 61-SENA TE BILL 23-290
CONTRARY, A PEACE OFFICER MAY ARREST A PERSON, OR A DISTRICT
ATTORNEY MAY CHARGE OR PROSECUTE A PERSON FOR A CRIMINAL OFFENSE
THAT IS NOT EXPRESSLY LAWFUL PURSUANT TO THIS SECTION OR ARTICLE
170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.
(6)NOTWITHSTANDING ANY LAW TO THE CONTRARY, AN ACTION
THAT IS LAWFUL PURSUANT TO THIS SECTION, ARTICLE 170 OF TITLE 12, OR
ARTICLE 50 OF TITLE 44, INDIVIDUALLY OR IN COMBINATION WITH ANOTHER
ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION, MUST NOT BE THE
SOLE REASON TO:
(a)SUBJECT A PERSON TO A CIVIL FINE, PENALTY, OR SANCTION;
(b)DENY A PERSON A RIGHT OR PRIVILEGE; OR
( c)SEIZE OR FORFEIT ASSETS.
(7)(a) EXCEPT AS PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION,
AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION, INDIVIDUALLY OR
IN COMBINATION WITH ANOTHER ACTION THAT IS LAWFUL PURSUANT TO THIS
SECTION, MUST NOT SOLELY BE USED AS A FACTOR IN A PROBABLE CAUSE
DETERMINATION OF ANY CRIMINAL OFFENSE.
(b)AN ACTION THAT IS LAWFUL PURSUANT TO THIS SECTION MAY BE
USED AS A FACTOR IN A PROBABLE CAUSE DETERMINATION OF ANY CRIMINAL
OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL AND OTHER
FACTORS ARE PRESENT TO SUPPORT A PROBABLE CAUSE DETERMINATION OF
ANY CRIMINAL OFFENSE.
(8)THE FACT THAT A PERSON IS ENTITLED TO CONSUME NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT UNDER THE LAWS OF THIS ST ATE
DOES NOT CONSTITUTE A DEFENSE AGAINST ANY CHARGE FOR VIOLATION OF
AN OFFENSE RELATED TO THE OPERATION OF A VEHICLE, AIRCRAFT, BOAT,
MACHINERY, OR OTHER DEVICE.
(9)A COUNTY, MUNICIPALITY, OR CITY AND COUNTY SHALL NOT
ADOPT, ENACT, OR ENFORCE ANY ORDINANCE, RULE, OR RESOLUTION
IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN PROVIDED BY
THIS SECTION OR THAT IS OTHERWISE IN CONFLICT WITH THIS SECTION.
PAGE 62-SENA TE BILL 23-290
( 10)NOTHING IN THIS SECTION PROHIBITS A PERSON OR ANY ENTITY
WHO OCCUPIES, OWNS, OR CONTROLS A PROPERTY FROM PROHIBITING OR
OTHER WISE REGULATING THE CULTIVATION OR MANUFACTURE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT ON OR IN THAT PROPERTY.
(11)NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE
OFFENSES PROVIDED FOR IN THIS SECTION DO NOT APPLY TO A PERSON
POSSESSING, DISPLAYING, CULTIVATING, PURCHASING, OR SELLING A LIVING
PLANT FOR ORNAMENT AL PURPOSES ONLY THAT WAS COMMONLY AND
LAWFULLY SOLD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. FOR
PURPOSES OF THIS SECTION, A "LIVING PLANT" DOES NOT INCLUDE
MUSHROOMS OR OTHER FUNGAL MATTER.
(12)As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a)"INHERENTLY HAZARDOUS SUBSTANCE" MEANS ANY LIQUID
CHEMICAL, COMPRESSED GAS, OR COMMERCIAL PRODUCT THAT HAS A FLASH
POINT AT OR LOWER THAN THIRTY-EIGHT DEGREES CELSIUS OR ONE
HUNDRED DEGREES FAHRENHEIT, INCLUDING BUTANE, PROPANE, AND
DIETHYL ETHER, AND EXCLUDING ALL FORMS OF ALCOHOL AND ETHANOL.
(b)(I) "NATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES:
(A)DIMETHYLTRYPTAMINE;(B)MESCALINE;
(C)IBOGAINE;
(D)PSILOCYBIN; OR
(E)PSILOCYN.
(II)"NATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION ( l 2)(b ), INCLUDING A DERIVATIVE OF A NA TU RALLY OCCURRING COMPOUND
OF NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS,
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION.PAGE 63-SENA TE BILL 23-290
(III)NOTWITHSTANDING SUBSECTION (12)(b)(I) OF THIS SECTION,
"MESCALINE" DOES NOT INCLUDE PEYOTE, MEANING ALL PARTS OF THE
PLANT CLASSIFIED BOTANICALLY AS LOPHOPHORA WILLIAMSII LEMAIRE,
WHETHER GROWING OR NOT; ITS SEEDS; ANY EXTRACT FROM ANY PART OF
THE PLANT, AND EVERY COMPOUND, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT; OR ITS SEEDS OR EXTRACTS.
(c)"NATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION.
( d)"PERSONAL USE" MEANS THE CONSUMPTION OR USE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT; OR THE AMOUNT OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT A PERSON MAY LAWFULLY
POSSESS, CULTIVATE, OR MANUFACTURE THAT IS NECESSARY TO SHARE WITH
ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER WITHIN THE
CONTEXT OF COUNSELING, SPIRITUAL GUIDANCE, BENEFICIAL
COMMUNITY-BASED USE AND HEALING, SUPPORTED USE, OR RELATED
SERVICES. "PERSONAL USE" DOES NOT MEAN THE SALE OF NATURAL
MEDICINE OR NATURAL MEDICINE PRODUCT FOR REMUNERATION; THE
POSSESSION, CULTIVATION, OR MANUFACTURE OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT WITH INTENT TO SELL THE NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT FOR REMUNERATION; OR THE POSSESSION,
CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT FOR BUSINESS OR COMMERCIAL PURPOSES,
EXCEPT AS PROVIDED BY ARTICLE 170 OF TITLE 12 AND ARTICLE 50 OF TITLE 44.NOTHING IN THIS SECTION PRECLUDES REMUNERATION FOR BONA FIDE
HARM REDUCTION SERVICES OR BONA FIDE SUPPORT SERVICES USED
CONCURRENTLY WITH THE SHARING OF NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT, PROVIDED THAT THERE IS NO ADVERTISEMENT RELATED
TO THE SHARING OF NATURAL MEDICINE, NATURAL MEDICINE PRODUCT, OR
THE SERVICES PROVIDED, AND PROVIDED THAT THE INDIVIDUAL PROVIDING
THE SERVICES INFORMS AN INDIVIDUAL ENGAGING IN THE SERVICES THAT
THE INDIVIDUAL IS NOT A LICENSED FACILITATOR PURSUANT TO ARTICLE 170OF TITLE 12.(e)"PRIVATE PROPERTY" MEANS A DWELLING, ITS CURTILAGE, AND
A STRUCTURE WITHIN THE CURTILAGE THAT IS BEING USED BY A NATURAL
PERSON OR NATURAL PERSONS FOR HABITATION AND THAT IS NOT OPEN TO
THE PUBLIC. PAGE 64-SENA TE BILL 23-290
(f)"REMUNERATION" MEANS ANYTHING OF VALUE, INCLUDING
MONEY, REAL PROPERTY, TANG IBLE AND INT ANG IBLE PERSONAL PROPERTY,
CONTRACT RIGHT, CHOSE IN ACTION, SERVICE, ANY RIGHT OF USE OR
EMPLOYMENT OR PROMISE OR AGREEMENT CONNECTED THEREWITH,
BUSINESS PROMOTION, OR COMMERCIAL ACTIVITY.
SECTION 32. In Colorado Revised Statutes, add 10-16-162 as
follows:
10-16-162. Prohibition on discrimination for coverage basedsolely on natural medicine consumption -definitions. (1) A CARRIER
THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT PLAN SHALL NOT,
SOLELY ON THE BASIS OF A PERSON'S CONSUMPTION OF NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT: (a)DECLINE OR LIMIT COVERAGE OF A PERSON; OR(b)PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
FOR A PERSON. (2)A CARRIER THAT OFFERS, ISSUES, OR RENEWS A HEALTH BENEFIT
PLAN THAT PROVIDES COVERAGE FOR ANATOMICAL GIFTS, ORGAN
TRANSPLANTS, OR RELATED TREATMENTS OR SERVICES SHALL NOT, SOLELY
ON THE BASIS OF A COVERED PERSON'S CONSUMPTION OF NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT: (a)DENY COVERAGE TO A COVERED PERSON FOR AN ORGAN
TRANSPLANT OR RELATED TREATMENT OR SERVICES; (b)DECLINE OR LIMIT COVERAGE OF A COVERED PERSON SOLELY FOR
THE PURPOSE OF A VOIDING THE REQUIREMENTS OF THIS SECTION; OR ( C)PENALIZE A COVERED PERSON OR REDUCE OR LIMIT COVERAGE
FOR A COVERED PERSON FOR HEALTH-CARE SERVICES RELATED TO ORGAN
TRANSPLANTATION, AS DETERMINED IN CONSULTATION WITH THE
ATTENDING PHYSICIAN AND THE COVERED PERSON OR THE COVERED
PERSON'S REPRESENTATIVE. (3)THIS SECTION DOES NOT REQUIRE A HEAL TH BENEFIT PLAN TO
PROVIDE COVERAGE FOR THE DONATION OF AN ANATOMICAL GIFT, AN ORGAN
PAGE 65-SENA TE BILL 23-290
TRANSPLANT, OR RELATED TREATMENT OR SERVICES. (4)FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES: (a)"ANATOMICAL GIFT"MEANS THEDONATIONOF PARTOFA HUMAN
BODY FOR THE PURPOSE OF TRANSPLANTATION TO ANOTHER PERSON. (b)(I) "NATURAL MEDICINE" MEANS THE FOLLOWING SUBSTANCES:
(A) DIMETHYLTRYPTAMINE;
(8)MESCALINE;(C)IBOGAINE;
(D)PSILOCYBIN; OR
(E)PSILOCYN.(II)"NATURAL MEDICINE" DOES NOT MEAN A SYNTHETIC OR
SYNTHETIC ANALOG OF THE SUBSTANCES LISTED IN THIS SUBSECTION ( 4 )(b ),
INCLUDING A DERIVATIVE OF A NATURALLY OCCURRING COMPOUND OF
NATURAL MEDICINE THAT IS PRODUCED USING CHEMICAL SYNTHESIS,
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION. (c)"NATURAL MEDICINE PRODUCT" MEANS A PRODUCT INFUSED
WITH NATURAL MEDICINE THAT IS INTENDED FOR CONSUMPTION.
SECTION 33. In Colorado Revised Statutes, 17-2-102, add (8.5)(d)
as follows:
17-2-102. Division of adult parole - general powers, duties, and
functions -definition. (8.5) ( d) THIS SUBSECTION (8.5) DOES NOT APPLY TO
A PAROLEE WHO POSSESSES OR USES NATURAL MEDICINE OR NATURAL
MEDICINE PRODUCT AS AUTHORIZED PURSUANT TO SECTION 18-18-434,
ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44.
SECTION 34. In Colorado Revised Statutes, 17-2-201, add (5.3) as follows:
PAGE 66-SEN A TE BILL 23-290
17-2-201. State board of parole -duties - definitions.
(5.3) NOTWITHSTANDING ANY LAWTO THE CONTRARY, THE POSSESSION OR
USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS
AUTHORIZED PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44, MUST NOT BE CONSIDERED AN OFFENSE SUCH
THAT ITS POSSESSION OR USE CONSTITUTES A VIOLATION OF CONDITIONS OF
PAROLE.
SECTION 35. In Colorado Revised Statutes, 18-1.3-204, amend
(2)(a)(VIII) introductory portion; and add (l)(c) as follows:
18-1.3-204. Conditions of probation -interstate compactprobation transfer cash fund -creation. (1) ( c) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION ( 1 )( a) OF THIS SECTION, THE POSSESSION OR USE
OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS AUTHORIZED PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
OF TITLE 44, MUST NOT BE CONSIDERED ANOTHER OFFENSE SUCH THAT ITS
USE CONSTITUTES A VIOLATION OF THE TERMS OF PROBATION.
(2)(a) When granting probation, the court may, as a condition of
probation, require that the defendant:
(VIII)Refrain from excessive use of alcohol or any unlawful use of
controlled substances, as defined in section 18-18-102 (5), or of any other
dangerous or abusable drug without a prescription; except that the court
shall not, as a condition of probation, PROHIBIT THE POSSESSION OR USE OF NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT, AS AUTHORIZED
PURSUANT TO SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50
OF TITLE 44. FURTHERMORE, THE COURT SHALL NOT, AS A CONDITION OF
PROBATION, prohibit the possession or use of medical marijuana, as authorized pursuant to section 14 of article XVIII of the state constitution,
unless:
SECTION 36. In Colorado Revised Statutes, 19-2.5-103, amend (l)(a)(I) and (5) as follows:
19-2.5-103. Jurisdiction. (1) Except as otherwise provided by law,the juvenile court has exclusive original jurisdiction in proceedings:
(a)Concerning any juvenile ten years of age or older who has
PAGE 67-SENATE BILL 23-290
violated:
(I)Any federal or state law, except nonfelony state traffic, game and
fish, and parks and recreation laws or rules; the offense specified in section
18-13-122, concerning the illegal possession or consumption of ethyl
alcohol or marijuana by an underage person or illegal possession of
marijuana paraphernalia by an underage person; the offenses specified in
section 18-18-406 (5)(b )(I) and (5)(b )(II), concerning marijuana and
marijuana concentrate; THE OFFENSES SPECIFIED IN SECTION 18-18-434
CONCERNING NATURAL MEDICINE AND NATURAL MEDICINE PRODUCT; and
the civil infraction in section 18-7-109 (3), concerning exchange of a
private image by a juvenile;
(5)Notwithstanding any other provision of this section to the
contrary, the juvenile court and the county court have concurrent
jurisdiction over a juvenile who is under eighteen years of age and who is
charged with a violation of section 18-13-122, 18-18-406 (5)(b )(I) and (5)(b)(II), 18-18-428, 18-18-429, 18-18-430, 18-18-434, or 42-4-1301;
except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction terminates.
SECTION 37. In Colorado Revised Statutes, 19-3-103, add (4) as
follows:
19-3-103. Child not neglected -when. (4) (a) A PERSON WHO
PERFORMS OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO
SECTION 18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44 DOES NOT CONSTITUTE CHILD ABUSE OR NEGLECT BY A PARENT OR LEGAL
GUARDIAN FOR PURPOSES OF THIS ARTICLE 3, UNLESS IT THREATENS THE HEALTH OR WELFARE OF A CHILD.
(b)THE COURT SHALL NOT RESTRICT OR PROHIBIT FAMILY TIME, ORDETERMINE THAT FAMILY TIME IS NOT IN THE CHILD'S BEST INTERESTS,
BASED SOLELY ON THE FACT THAT A PERSON PERFORMS OR HAS PERFORMED
AN ACTION THAT IS LAWFUL PURSUANT TO SECTION 18-18-434, ARTICLE 170
OF TITLE 12, OR ARTICLE 50 OF TITLE 44, UNLESS THE COURT FINDS THAT THE
CHILD'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH IS AT RISK
AS A RESULT OF THE FAMILY TIME.
SECTION 38. In Colorado Revised Statutes, 24-72-706, amend
PAGE 68-SENA TE BILL 23-290
(l)(h); and add (l)(f.5) as follows:
24-72-706. Sealing of criminal conviction and criminal justicerecords -processing fee. ( 1) Sealing of conviction records.
(f.5) (I) NOTWITHSTANDING ANY PROVISION OF THIS PART 7 TO THE
CONTRARY, A MOTION FILED FOR THE SEALING OF CONVICTION RECORDS FOR
AN OFFENSE THAT WAS UNLAWFUL AT THE TIME OF CONVICTION, BUT IS NO
LONGER UNLAWFUL PURSUANT TO SECTION 18-18-434, MAY BE FILED AT
ANY TIME. THE COURT SHALL ORDER THE RECORDS SEALED UNLESS THE
DISTRICT ATTORNEY OBJECTS PURSUANT TO SUBSECTION (l)(f.S)(II) OF THIS
SECTION.
(II) IF A MOTION IS FILED FOR THE SEALING OF AN OFFENSE
DESCRIBED IN THIS SUBSECTION (l)(f.5), THE DEFENDANT SHALL PROVIDE
NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY, WHO MAY OBJECT. THE
DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE MOTION
BASED ON WHETHER THE UNDERLYING CONVICTION FOR AN OFFENSE IS NO
LONGER UNLAWFUL PURSUANT TO SECTION 18-18-434. THE DISTRICT
ATTORNEY SHALL DETERMINE WHETHER TO OBJECT AND PROVIDE NOTICE TO
THE COURT WITHIN FORTY-TWO DAYS OF RECEIPT OF THE MOTION. IF THE
DISTRICT ATTORNEY OBJECTS TO THE MOTION, THE COURT SHALL SET THE
MATTER FOR HEARING AND THE BURDEN IS ON THE DEFENDANT TO SHOW BY
A PREPONDERANCE OF THE EVIDENCE THAT THE UNDERLYING FACTUAL BASIS
OF THE CONVICTION SOUGHT TO BE SEALED IS NO LONGER UNLAWFUL
PURSUANT TO SECTION 18-18-434.
(Ill) (A) A DEFENDANT WHO FILES A MOTION PURSUANT TO THIS
SUBSECTION (l)(f.5) MUST NOT BE CHARGED FEES OR COSTS.
(B)NOTWITHSTANDING SUBSECTION (l)(c) OF THIS SECTION, A
DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SUBSECTION (l)(f.5)
IS NOT REQUIRED TO SUBMIT A VERIFIED COPY OF THE DEFENDANT'S
CRIMINAL HISTORY WITH A FILED MOTION.
(C)SECTION 24-72-703 (2)(a)(V) DOES NOT APPLY TO CONVICTION
RECORDS SEALED PURSUANT TO THIS SUBSECTION (l)(f.5).
(h) A defendant who files a motion to se al crimin al justice records
pursu ant to this section sh all pay a processing fee of sixty-five dollars to
cover the actual costs related to the sealing of the criminal justice records.
PAGE 69-SENATE BILL 23-290
The defendant shall pay to the Colorado bureau of investigation any costs
related to the sealing of the defendant's criminal justice records in the
custody of the bureau. The court shall waive the processing fee upon a
determination that:
(I)The defendant is indigent; or
(II)The defendant's records should have been automatically sealed
pursuant to section 13-3-117, 24-72-704, or 24-72-705; OR
(Ill) THE DEFENDANT FILED A MOTION TO SEAL PURSUANT TO
SUBSECTION (l)(f.5) OF THIS SECTION.
SECTION 39. In Colorado Revised Statutes, add 24-76.5-104 as
follows:
24-76.5-104. Natural medicine consumption considerationprohibited -exception. CONSIDERATION OF WHETHER A PERSON PERFORMS
OR HAS PERFORMED AN ACTION THAT IS LAWFUL PURSUANT TO SECTION
18-18-434, ARTICLE 170 OF TITLE 12, OR ARTICLE 50 OF TITLE 44 IS NOT A
REQUIREMENT FOR ELIGIBILITY FOR A PUBLIC ASSISTANCE PROGRAM, UNLESS
CONSIDERATION IS REQUIRED PURSUANT TO FEDERAL LAW.
SECTION 40. In Colorado Revised Statutes, add 25-56-104.5 as
follows:
25-56-104.5. Prohibition on discrimination for organ transplantsbased solely on natural medicine consumption -applicability. (1) THIS
ARTICLE 56 APPLIES TO ALL STAGES OF THE ORGAN TRANSPLANT PROCESS.
(2)A COVERED ENTITY SHALL NOT, SOLELY ON THE BASIS OF A
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT:
(a)CONSIDER THE INDIVIDUAL INELIGIBLE TO RECEIVE AN
ANATOMICAL GIFT OR ORGAN TRANSPLANT;
(b)DENY MEDICAL SERVICES OR OTHER SERVICES RELATED TO
ORGAN TRANSPLANTATION, INCLUDING DIAGNOSTIC SERVICES, EVALUATION,
SURGERY, COUNSELING, AND POST-OPERATIVE TREATMENT AND SERVICES;
PAGE 70-SENATE BILL 23-290
( c)REFUSE TO REFER THE INDIVIDUAL TO A TRANSPLANT CENTER OR
OTHER RELATED SPECIALIST FOR THE PURPOSE OF BEING EV ALU A TED FOR OR
RECEIVING AN ORGAN TRANSPLANT;
( d)REFUSE TO PLACE A QUALIFIED RECIPIENT ON AN ORGAN
TRANSPLANT WAITING LIST; OR
(e)PLACE A QUALIFIED RECIPIENT ON AN ORGAN TRANSPLANT
WAITING LIST AT A LOWER PRIORITY POSITION THAN THE POSITION AT WHICH
THE PERSON WOULD HA VE BEEN PLACED IF THE PERSON DID NOT CONSUME
NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT. (3)NOTWITHSTANDINGSUBSECTION(2)0F THISSECTION,ACOVERED
ENTITY MAY TAKE A PERSON'S CONSUMPTION OF NATURAL MEDICINE OR
NATURAL MEDICINE PRODUCT INTO ACCOUNT WHEN MAKING TREATMENT OR
COVERAGE RECOMMENDATIONS OR DECISIONS, SOLELY TO THE EXTENT THAT
THE NATURAL MEDICINE OR NATURAL MEDICINE PRODUCT CONSUMPTION
HAS BEEN FOUND BY A PHYSICIAN OR SURGEON, FOLLOWING AN
INDIVIDUALIZED EVALUATION OF THE PERSON, TO BE MEDICALLY
SIGNIFICANT TO THE PROVISION OF THE ANA TOMI CAL GIFT OR ORGAN
TRANSPLANT.
( 4)A COVERED ENTITY SHALL:
( a)MAKE REASONABLE MODIFICATIONS TO ITS POLICIES, PRACTICES,
AND PROCEDURES TO ALLOW A PERSON WHO CONSUMES NATURAL MEDICINE
OR NATURAL MEDICINE PRODUCT ACCESS TO TRANSPLANTATION-RELATED
SERVICES, INCLUDING DIAGNOSTIC SERVICES, SURGERY, COVERAGE,
POST-OPERATIVE TREATMENT, AND COUNSELING, UNLESS THE COVERED
ENTITY DEMONSTRATES THAT MAKING SUCH MODIFICATIONS WOULD
FUNDAMENTALLY ALTER THE NATURE OF THE SERVICES PROVIDED; AND
(b)TAKE REASONABLE AND NECESSARY STEPS TO ENSURE THAT A
PERSON'S CONSUMPTION OF NATURAL MEDICINE OR NATURAL MEDICINE
PRODUCT IS NOT THE REASON THE PERSON IS DENIED MEDICAL SERVICES OR
OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION, INCLUDING
DIAGNOSTIC SERVICES, SURGERY, POST-OPERATIVE TREATMENT, OR
COUNSELING, DUE TO THE ABSENCE OF AUXILIARY AIDS OR SERVICES,
UNLESS THE COVERED ENTITY DEMONSTRATES THAT TAKING SUCH STEPS
WOULD FUNDAMENTALLY ALTER THE NATURE OF THE MEDICAL SERVICES OR
PAGE 71-SENA TE BILL 23-290
OTHER SERVICES RELATED TO ORGAN TRANSPLANTATION OR WOULD RESULT
IN AN UNDUE BURDEN FOR THE COVERED ENTITY.
(5)NOTHING IN THIS ARTICLE 56 REQUIRES A COVERED ENTITY TO
MAKE A REFERRAL OR RECOMMENDATION FOR OR PERFORM A MEDICALLY
INAPPROPRIATE ORGAN TRANSPLANT.
SECTION 41. In Colorado Revised Statutes, 35-36-102, amend
(14 )(b) as follows:
35-36-102. Rules -definitions. As used in this article 36, unless the
context otherwise requires:
(14)(b) "Farm products" does not include poultry and poultry
products, timber products, nursery stock, commodities, or marijuana, OR
NATURAL MEDICINE AS DEFINED IN SECTION 12-170-104 ( 12).
SECTION 42. In Colorado Revised Statutes, 39-22-104, add
( 4 )(r.5) as follows:
39-22-104. Income tax imposed on individuals, estates, and
trusts -single rate -report -legislative declaration -definitions -repeal.
( 4)There shall be subtracted from federal taxable income:
(r.5) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
NATURALMEDICINECODE",ARTICLE50OF TITLE 44,AN AMOUNTEQUAL TO
ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
TAX DEDUCTION BUT IS DISALLOWED BY SECTION 280E OF THE INTERNAL
REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
UNDER FEDERAL LAW;
SECTION 43. In Colorado Revised Statutes, 39-22-304, add
(3)(m.5) as follows:
39-22-304. Net income of corporation -legislative declaration -definitions -repeal. (3) There shall be subtracted from federal taxable
mcome:
(m.5) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
PAGE 72-SENATE BILL 23-290
1, 2024, IF A TAXPAYER IS LICENSED PURSUANT TO THE "COLORADO
NATURALMEDICINECODE",ARTICLE50 OF TITLE44,AN AMOUNTEQUAL TO
ANY EXPENDITURE THAT IS ELIGIBLE TO BE CLAIMED AS A FEDERAL INCOME
TAX DEDUCTION BUT IS DISALLOWED BY SECTION 280E OF THE INTERNAL REVENUE CODE BECAUSE NATURAL MEDICINE IS A CONTROLLED SUBSTANCE
UNDER FEDERAL LAW;
SECTION 44. Appropriation. (1) For the 2023-24 state fiscal year,
$733,658 General Fund is appropriated to the department of revenue. To
implement this act, the department may use this appropriation as follows:
(a)$536,826 for use by the natural medicine division for the
enforcement and regulation of natural medicines, which amount is based on
an assumption that the department will require an additional 4.7 FTE;
(b)$6,500 for tax administration IT system (Gen Tax) support; and
( c)$190,332 for the purchase of legal services.
(2)For the 2023-24 state fiscal year, $190,332 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of revenue under subsection (l)(c) of this section and
is based on an assumption that the department of law will require an additional 1.0 FTE. To implement this act, the department of law may use this appropriation to provide legal services for the department of revenue.
(3)For the 2023-24 state fiscal year, $101,150 is appropriated to the
department of law. This appropriation is from the legal services cash fund
created in section 24-31-108 (4), C.R.S., from revenue received from the department of regulatory agencies that is continuously appropriated to the
department of regulatory agencies from the regulated natural medicine
access program fund created in section 12-170-106 (1), C.R.S. The appropriation to the department of law is based on an assumption that the
department of law will require an additional 0.5 FTE. To implement this
act, the department of law may use this appropriation to provide legal
services for the department of regulatory agencies.
(4)For the 2023-24 state fiscal year, $838,402 General Fund is
appropriated to the department of public health and environment for use by
the division of disease control and public health response. This
PAGE 73-SENATE BILL 23-290
MEMORANDUM
TO: Mayor and City council
FROM: Gerald Dahl, City Attorney
DATE: November 26, 2024
Re: Unclaimed property
______________________________________________________________________________
Aaron McCauley of the state treasurer's office has written to advise of a state statute govering unclaimed property. A copy of his letter is attached. The statute referenced is the Colorado Revised Uniform Unclaimed Property Act, CRS 38-13-101 et seq. (the “Act’). The Act generally requires holders of unclaimed property, such as the City, to disburse unclaimed cash and cash
instruments to the state treasurer. I conclude the City may exempt itself from the Act, but only if
it has adopted a local ordinance concerning unclaimed property which conflicts with the Act.
The Act codifies a common law rule that unclaimed property escheats (is forfeited to) the state. The focus of the Act is unclaimed money, in all of its various forms, including cash, checks, deposits, gameplay cards, currency, financial loyalty cards, gift cards, money orders, mineral
lease royalties, etc. The sole exception is in the definition of tangible property: exclusively to the
contents of an abandoned or unclaimed safe deposit box. Clearly, the state does not want unclaimed motor vehicles, bicycles, furniture, or any other form of abandoned property. The state treasurer only wants cash or cash equivalents.
The Act defines the ways in which property is determined to be abandoned or has gone
uncollected. The Act requires the “holder” (anyone, including the City, who has custody of
property which has not been claimed) to make annual reports to the state treasurer on November 1 of each year, and to pay over to the state unclaimed money, as defined. Even if the holder has no property to declare, a report is still required.
At CRS 38-13-1504, the Act provides that the entire article does not apply to a local government
that is the holder of property if:
• the local government has an ordinance or resolution “relating to the disposition of property that conflicts with this Article XIII;
• the ordinance or resolution requires the local government to hold the (cash) property for
at least five years after it is presumed abandoned; and
• the local government provides the state treasurer with a short report listing the owners for whom they are holding property and the value of that property.
Unclaimed property reports November 6, 2024 Page 2
710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960
2
Accordingly, so long as the City has a sufficient ordinance or code provision, it need not deliver
unclaimed funds to the treasurer, as otherwise required of holders. In order to have this “opt out"
status, however, the City will need to revise its Code sections on disposition of unclaimed property, and also make the short form report to the state treasurer by November 1 of each year.
The City's Code of Laws contains two sections relating to the disposition of unclaimed property. The police department routinely disposes of bicycles and property held in evidence and not
claimed under Title 19 article IV in the Code. This pertains to physical property, which the Act
does not regulate. The disposition procoedure under this article is unnecessarily lengthy, and can be streamlined.
Code Section 2-5 is the City’s general (non law enforcement) code section on unclaimed property. It requires all unclaimed property (including cash or cash equivalents) to be held for
two years, then after a notice procedure which includes publication in the newspaper, it can be
sold, retained or otherwise disposed of by the City.
Recommendation: In order to preempt the state statute, I recommend that Code Section 2-5 be amended to increase the holding period for cash or cash equivalents to five (5) years, while retaining the two year
period (or some other period recommended by staff) for tangible property. At the same time, I
recommend streamlining the process for disposal of unclaimed peroperty held by the police department to match current practice. The ordinance would:
• define unclaimed cash or cash equivalents as any funds which the City holds for a period
of at least five years after the last attempt to contact the owner is made;
• include a separtate definition of unclaimed tangible property, which the City can dispose of under a much shorter schedule; and
• provide for a streamlined notice procedure prior to the property being either sold or, in
the case of cash or cash equivalents, retained in the general fund.
ATTACHMENT: 1. Letter from Colorado Department of the Treasury, dated October 8, 2024
0101000114
STATE OF COLORADO DEPARTMENT OF THE TREASURY
UNCLAIMED PROPERTY DIVISION
Dave Young State Treasurer
October 8, 2024
• 1111111111 I 11111 I 11 •I 1111111111111 II I 11 I 111h1111111 I 1h 1111 I• 11
CITY OF WHEAT RIDGEPatrick Goff, City Manager7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001
RE: Reminder to Report Unclaimed Property
Dear City Manager:
Bianca C. Gardelli Director
The Unclaimed Property Division (Division) of the Colorado Department of the Treasury has reviewed
our records, and found that City of Wheat Ridge has never submitted an Unclaimed Property Report.
Per the Colorado Revised Uniform Unclaimed Property Act (RUUPA) (C.R.S. §38-13-101 et seq.),
holders must examine their records for unclaimed property and must file a report with the Division on anannual basis, regardless of the amount or value of the property. Holders must also remit any unclaimed property to the Division for safekeeping, unless a local government opt-out form has been accepted and is
on file with the Division. For more information about filing a report, visit
hnps://colorado.find\·ourunclaimedproperl\ .com/ and click on "Reporting Unclaimed Property" at the topof the page.
As of July 1, 2020, unclaimed tangible property is defined by RUUP A as contents contained within a safe
deposit box (C.R.S. §38-13-205). As a result, the Colorado Treasury no longer has statutory authorityover tangible property not held within a safe deposit box and will no longer accept such property.
While the Division does not plan at this time to conduct a field audit of your organization, the Division reserves the right to conduct any examination it determines is necessary at any time. The Act does providefor interest, penalties and fees, when warranted from an audit or non-compliance (C.R.S. §38-13-1204).
Remember that reports of unclaimed property are due annually on November 1st. If you need assistance
in determining whether property has become dormant and thus reportable, feel free to contact our office.
Additionally, the City of Wheat Ridge may also have unclaimed property in the custody of the Division.To search, please visit and click on https://colorado.findYourunclaimedpropert\ .com/ "Get Started" to
begin.
Regards,
� (l\_((C'u{<�
Erin McCauley Audit Manager
erin.mccaule, ·11 state.co.us
200 E. COLFAX AVENUE, ROOM 141, DENVER, CO 80203 METRO: (303) 866-6070 TOLL FREE: (800) 825-2111 EMAIL: holders@state.co.us �
ATTACHMENT 1