ADDITIONAL COLORADO TRAFFIC INFRACTIONS AND MISDEMEANOR TRAFFIC OFFENSES

Although it is possible to be charged with a felony involving the operation of a motor vehicle in Colorado, State of Colorado Motor Vehicle Law divides traffic violations, for the most part, into two broad categories. These two categories are traffic infractions and misdemeanor traffic offenses. Traffic infractions are further divided into Class A Infractions and Class B Infractions. Traffic infractions are considered civil matters in Colorado. For such civil matters, the penalties are generally limited by statute and most often include the final conviction becoming of record, the assessment of the associated points, and limited fines and associated court costs and, every so often, a requirement to complete a traffic safety class. A sentence to jail is normally not authorized by statute for a traffic infraction. Upon issuance of a civil traffic infraction the driver most often has the option of pleading guilty, and remitting a set fee, all as describer on the ticket itself. An individual charged with a civil traffic infraction is normally eligible to have their case resolved at an evidentiary Final Hearing, however, the driver in not typically entitled to a jury trial.

The majority of traffic tickets issued in Colorado are for civil traffic infractions. These include speeding from one to twenty-four miles per hour above the speed limit, failure to yield the right-of-way in making a left-hand turn, weaving in a lane, failure to stop for a stop sign, following too closely, and a myriad of the other routine traffic tickets issued within Colorado. Often the initial document alerting an individual that they have been charged with a traffic infraction is called a Penalty Assessment Notice.

The more serious traffic violations in Colorado are misdemeanor traffic offenses. Misdemeanor traffic offenses are considered criminal matters, rather than civil matters, as are traffic infractions. Misdemeanor traffic offense are divided into two categories which are the more serious Class 1 misdemeanor traffic offenses and the somewhat less serious Class 2 misdemeanor traffic offenses. An individual charged with a misdemeanor traffic offense is eligible to demand a trial, and most often have that trial conducted before a jury. A person convicted of a misdemeanor traffic offense is subject to the conviction becoming of record, with associated penalty points, the imposition of fines and court costs, and an additional broader array of penalties which can include jail time, in-home detention, and useful public service, in more serious or aggravated misdemeanor traffic offense matters. Normally misdemeanor traffic offenses are not eligible to be resolved through a payment via mail and generally require a court appearance or court appearances.

Misdemeanor traffic offense citations are less commonly issued than traffic infraction tickets. Misdemeanor traffic offenses include most of the more serious traffic offenses such as Speeding twenty-five or more miles per hour above the speed limit, Careless Driving, Reckless Driving, Failure to Present Evidence of Insurance, Driving Under Suspension, Driving with Fictitious License Plates, Misdemeanor Eluding of a Law Enforcement Officer, Leaving the Scene of an Accident Without Complying with Mandated Duties of a Driver Involved in an Accident, etc.

Part 14. Offenses Applicable to Drivers Of Motor Vehicles, Including Careless Driving and Reckless Driving, Failure to Present Evidence of Insurance, Prohibition of Radar Jamming Devices, and Eluding A Police Officer.

Colorado Law Pertaining to the Operation of Bicycles and Other Human Powered Vehicles. Law as to the Failure to Present Pass or Coupon on Public Transit.

Part 15. Offenses Specific to Operators of Motorcycles on Colorado Roads.

Part 16. Duties of Individuals Involved in Accidents Between Motor Vehicles and Between Motor Vehicles and Persons or Between Motor Vehicles and Other Objects.

Penalties for Non-Compliance with Accident Requirements.

Part 17. Procedures For Colorado Traffic Violations.

Applicable Penalties for Various Traffic Violations Including Fines, Court Costs, Points AND Other Associated Penalties.

Part 18. Provisions Applicable to Abandoned Vehicles on Public Property

Part 19. Laws Regarding the Configuration and Operation of School Buses

Part 20. Ready Mix Concrete Truck Operators Hours of Service Limitations.

Part 21. Law Applicable to Vehicles Abandoned Upon Private Property.

Part 22. Applicable Law Regarding the Recycling of Motor Vehicles – Prevention of Motor Vehicle Theft.

Part 23. Education program Pertaining to Nonmotorized Vehicles Utilized by Minors.

Part 14. Offenses Applicable to Drivers Of Motor Vehicles, Including Careless Driving and Reckless Driving, Failure to Present Evidence of Insurance, Prohibition of Radar Jamming Devices, and Eluding A Police Officer.

Colorado Law Pertaining to the Operation of Bicycles and Other Human Powered Vehicles. Law as to the Failure to Present Pass or Coupon on Public Transit.

Reckless Driving and Careless Driving  citations are the broad catch-all misdemeanor traffic offenses. Careless Driving and Reckless Driving citations are often issued upon the occurrence of a motor vehicle accident and are frequently, under those circumstances, issued together with a lesser violation such as Following Too Closely, or Failure to Yield For A Left-Hand Turn. It is the policy of many Colorado jurisdictions to issue such a Careless Driving Offense or Reckless Driving charge for most traffic accidents. However, whether a person was driving careless, or driving recklessly, can be harder to prove by a prosecutor than some other less ambiguous traffic violations.

42-4-1401. Reckless driving – penalty.

(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.

(2)  Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

42-4-1402. Careless driving – penalty.

(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter 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, is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of 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.

42-4-1403. 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.

42-4-1404. 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.

42-4-1405. 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.

42-4-1406. 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 any provision of paragraph (b) of subsection (1) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

(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 42-4-1701 (4)(a)(I)(N).

(6)  As used in this section:

(a)  “Container” includes, but is not limited to, a bottle, a can, a box, or a diaper.

(b)  “Human waste” means urine or feces produced by a human.

42-4-1407. 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

(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, C.R.S.

(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.

42-4-1407.5.  Splash guards – when required.

(1)  As used in this section, unless the context otherwise requires:

(a)  “Splash guards” means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear.

(b)  “Splash guards” must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface of the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions.

(2)  Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle or motor vehicle is equipped with splash guards. However, vehicles and motor vehicles with splash guards that violate this section shall be allowed to remain in service for the time necessary to continue to a place where the deficient splash guards will be replaced. Such replacement shall occur at the first reasonable opportunity.

(3)  This section does not apply to:

(a)  Passenger-carrying motor vehicles registered pursuant to section 42-3-306 (2);

(b)  Trucks and truck tractors registered pursuant to section 42-3-306 (4) or (5) having an empty weight of ten thousand pounds or less;

(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 or electrical assisted bicycles.

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

42-4-1408. 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 article 1 of title 32, C.R.S., or any recreation district organized pursuant to the provisions of part 7 of article 20 of title 30, C.R.S., 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.

Colorado requires the operator of a motor vehicle, driven in Colorado, to have fully effective vehicle liability insurance, issued in accordance with Colorado minimum coverage, for that specific vehicle.  It does not matter whether the driver owns the vehicle, is renting the vehicle, has borrowed the vehicle, or if the vehicle is provided to the driver by the driver’s employer. The actual vehicle operator is responsible for being able to present proof that the vehicle has vehicle liability insurance effective for that vehicle. Fines have been intentionally set high by the Colorado legislature for driving without mandatory insurance to discourage individuals from attempting to save money by driving without insurance. Penalties typically increase if the person has multiple violations of driving without insurance. In addition, the Colorado Division of Motor vehicles (DMV) may take certain actions against an individual’s driver’s license if a driver operates a motor vehicle without mandatory vehicle liability insurance.

42-4-1409. Compulsory insurance – penalty – legislative intent.

(1)  No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.

(2)  No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.

(3) (a)  When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low-power scooter shall present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.

(b)  As used in this section, “evidence of a complying policy or certificate of self-insurance in full force and effect” includes the presentation of such a policy or certificate upon a cell phone or other electronic device.

(4) (a)  Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a class 1 misdemeanor traffic offense. The minimum fine imposed by section 42-4-1701 (3)(a)(II)(A) shall be mandatory, and the defendant shall be punished by a minimum mandatory fine of not less than five hundred dollars. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., 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, C.R.S., 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, C.R.S., 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, C.R.S.

(5)  Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of this section.

(6)  A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation. The court clerk’s office may dismiss the charge if it verifies that the person had a valid policy in effect at the time of the alleged violation using the uninsured motorist identification database created in section 42-7-602.

(7)  Repealed.

(8)  (Deleted by amendment, L. 2003, p. 2648, § 7, effective July 1, 2003.)

(8.5)  If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect, as described in paragraph (b) of subsection (3) of this section:

(a)  The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator’s policy or certificate of self-insurance; and

(b)  The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device.

(9)  It is the intent of the general assembly that the money collected as fines imposed pursuant to 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 of subsection (4)(a) or (4)(b) of this section shall be transmitted to the authorized agent for the county in which the violation occurred.

42-4-1410. Proof of financial responsibility required – suspension of license.

(1)  Any person convicted of violating section 42-4-1409 (1) shall file and maintain proof of financial responsibility for the future as prescribed in sections 42-7-408 to 42-7-412. Said proof of insurance shall be maintained for a period of three years from the date of conviction.

(2)  The clerk of a court or the judge of a court which has no clerk shall forward to the executive director of the department of revenue a certified record of any conviction under section 42-4-1409 (1). Upon receipt of any such certified record, the director shall give written notice to the person convicted that such person shall be required to provide proof of financial responsibility for the future for a period of three years from the date of conviction and advising such person of the manner in which proof is to be provided. If no proof as required is provided to the director within a period of twenty days from the time notice is given or if at any time when proof is required to be maintained it is not so maintained or becomes invalid, the director shall suspend the driver’s license of the person from whom proof is required and shall not reinstate the license of such person until proof of financial responsibility is provided.

(3)  Repealed.

42-4-1410.5.  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 of any motor vehicle liability insurance policy in the course of an official investigation, or for purposes of dismissing any charge under section 42-4-1409 or reducing any penalty imposed under section 42-4-1409, 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, C.R.S., to have been convicted of a criminal offense.

42-4-1411. Use of earphones while driving.

(1) (a)  No person shall operate a motor vehicle while wearing earphones.

(b)  For purposes of this subsection (1), “earphones” includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. “Earphones” does not include speakers or other listening devices that are built into protective headgear or a device or portion of a device that only covers all or a portion of one ear and that is connected to a wireless, handheld telephone.

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

(3)  Nothing in this section authorizes the holder of a commercial driver’s license issued pursuant to part 4 of article 2 of this title to act in violation of any federal law or regulation relating to driving a commercial vehicle.

Many individuals are unaware that the State of Colorado has rather extensive laws applicable to the riding of bicycles, and other human powered vehicles, on roadways. Many rules of the road apply to human powered vehicles with some special provisions applying to how a human powered vehicle may be operated and how it may negotiate certain traffic maneuvers such as, for instance, a left-hand turn.

42-4-1412. Operation of bicycles and other human-powered vehicles.

(1)  Every person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this article, except as to special regulations in this article and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 42-4-111.

(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”, article 10 of title 24, C.R.S.

(3)  No bicycle or electrical assisted bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped.

(4)  No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself 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.

(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 or an electrical assisted bicycle upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such 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 or electrical assisted bicycles 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 or electrical assisted bicycles 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 or electrical assisted bicycle shall keep at least one hand on the handlebars at all times.

(8) (a)  A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in sections 42-4-901 (1), 42-4-903, and 42-4-1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8).

(b)  A person riding a bicycle or electrical assisted bicycle 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 bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist 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 or electrical assisted bicycle shall signal the intention to turn or stop in accordance with section 42-4-903; except that a person riding a bicycle or electrical assisted bicycle 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 or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle 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 or electrical assisted bicycle.

(10) (a)  A person riding a bicycle or electrical assisted bicycle 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 such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.

(b)  A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.

(c)  A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section 42-4-802.

(d)  (Deleted by amendment, L. 2005, p. 1353, § 1, effective July 1, 2005.)

(11) (a)  A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.

(b)  A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(c)  A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed.

(d)  A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or bicycles 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 or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of part 12 of this article 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 section 42-2-127 shall not apply.

(b)  Any person riding a bicycle or electrical assisted bicycle who violates any provision of this article other than this section which is applicable to such a vehicle and for which a penalty is specified shall be subject to the same specified penalty as any other vehicle; except that section 42-2-127 shall 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 or electrical assisted bicycle on the roadways of the state, even if such 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 pedestrian path under its jurisdiction.

(b)  A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path unless:

(I)  The path is within a street or highway; or

(II)  The local authority permits the operation of a class 3 electrical assisted bicycle on a path under its jurisdiction.

(15) (a)  A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle upon any street, highway, or bike or pedestrian path; except that a person under sixteen years of age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers.

(b)  A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless:

(I)  Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles;

(II)  The protective helmet conforms to the design and specifications set forth by the United States consumer product safety commission or the American Society for Testing and Materials; and

(III)  The protective helmet is secured properly on the person’s head with a chin strap while the class 3 electrical assisted bicycle is in motion.

(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.

Eluding a law enforcement officer is one of the more serious misdemeanor traffic offenses in Colorado. It can include simply increasing the speed of a vehicle, or otherwise attempting to elude the officer, after becoming aware that an officer is signaling a driver to pull over and stop.

42-4-1413. 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.

42-4-1414. 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.

Using a radar jamming device in a Colorado motor vehicle is against Colorado law. Law enforcement officers in using equipment available to them can often detect the use of radar jamming equipment utilized in a motor vehicle.

42-4-1415. Radar jamming devices prohibited – penalty.

(1) (a)  No person shall use, possess, or sell a radar jamming device.

(b)  No person shall operate a motor vehicle with a radar jamming device in the motor vehicle.

(2) (a)  For purposes of this section, “radar jamming device” means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and peace officers to measure the speed of motor vehicles. “Radar jamming device” includes but is not limited to devices commonly referred to as “jammers” or “scramblers”.

(b)  For purposes of this section, “radar jamming device” shall not include equipment that is legal under FCC regulations, such as a citizens’ band radio, ham radio, or any other similar electronic equipment.

(3)  Radar jamming devices are subject to seizure by any peace officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged.

(4)  A violation of subsection (1) of this section is a class 2 misdemeanor traffic offense, punishable as provided in section 42-4-1701 (3)(a)(II)(A).

(5)  The provisions of subsection (1) of this section shall not apply to peace officers acting in their official capacity.

42-4-1416. Failure to present a valid transit pass or coupon – fare inspector authorization – definitions.

(1)  A person commits failure to present a valid transit pass or coupon if the person occupies, rides in, or uses a public transportation vehicle without paying the applicable fare or providing a valid transit pass or coupon.

(2)  A person shall not occupy, ride in, or use a public transportation vehicle without possession of proof of prior fare payment. A person shall present proof of prior fare payment upon demand of a fare inspector appointed or employed pursuant to subsection (4) of this section, a peace officer, or any other employee or agent of a public transportation entity.

(3)  A violation of this section is a class B traffic infraction and is punishable by a fine of seventy-five dollars. Notwithstanding any other provision of law, fines for a violation of subsection (1) of this section shall be retained by the clerk of the court in the city and county of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or transmitted to the state judicial department if the fine is receipted by the clerk of the court of any other county.

(4) (a)  Public transportation entities may appoint or employ, with the power of removal, fare inspectors as necessary to enforce the provisions of this section. The employing public transportation entity shall determine the requirements for employment as a fare inspector.

(b)  A fare inspector appointed or employed pursuant to this section is authorized to enforce the provisions of this section while acting within the scope of his or her authority and in the performance of his or her duties. A fare inspector is authorized to issue a citation to a person who commits failure to provide a valid transit pass or coupon in violation of this section. The fare inspector shall issue a citation on behalf of the county in which the person occupying, riding in, or using a public transportation vehicle without paying the applicable fare is located at the time the violation is discovered. The public transportation entity whose fare inspector issued the citation shall timely deliver the citation to the clerk of the county court for the jurisdiction in which the accused person is located at the time the violation is discovered.

(5)  As used in this section, unless the context otherwise requires:

(a)  “Proof of prior fare payment” means:

(I)  A transit pass valid for the day and time of use;

(II)  A receipt showing payment of the applicable fare for use of a public transportation vehicle during the day and time specified in the receipt; or

(III)  A prepaid ticket or series of tickets showing cancellation by a public transportation entity used within the day and time specified in the ticket.

(b)  “Public transportation entity” means a mass transit district, a mass transit authority, or any other public entity authorized under the laws of this state to provide mass transportation services to the general public.

(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.

PART 15 – Offenses Specific to Operators of Motorcycles on Colorado Roads.

42-4-1501. Traffic laws apply to persons operating motorcycles – special permits.

(1)  Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this article, except as to special regulations in this article and except as to those provisions of this article which by their nature can have no application.

(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 from any requirement of this part 15.

42-4-1502. Riding on motorcycles – protective helmet.

(1)  A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent seat if designed for two persons or upon another seat firmly attached to the motorcycle 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)  No operator shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

(4.5) (a)  Except as provided in paragraph (c) of this subsection (4.5), a person shall not drive or ride as a passenger on a motorcycle 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 is in motion.

(b)  A protective helmet required to be worn by this subsection (4.5) shall:

(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 a motorcycle need not wear a helmet if the motorcycle 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.

Motorcycle operators must secure a motorcycle endorsement to their driver’s license in order to legally operate a motorcycle in Colorado. Motorcycles drivers must generally follow the common rules of the road, but  have some special obligations as to where they can travel on a Colorado roadway. These restrictions are different than some other state laws applicable to motorcycles.

42-4-1503. Operating motorcycles 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 shall not overtake or pass in the same lane occupied by the vehicle being overtaken.

(3)  No person shall operate a motorcycle 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.

42-4-1504. Clinging to other vehicles.

No person riding upon a motorcycle shall attach himself, herself, or the motorcycle to any other vehicle on a roadway. Any person who violates any provision of this section commits a class A traffic infraction.

PART 16 – Duties of Individuals Involved in Accidents Between Motor Vehicles and Between Motor Vehicles and Persons or Between Motor Vehicles and Other Objects. Penalties for Non-Compliance with Accident Requirements.

Leaving the scene of an accident involving personal injury or death is one of the most serious traffic violations that exist in Colorado. It is a Class 1 Misdemeanor Traffic Offense if any person was injured in the accident with the definition of injury being relatively minimal injury. It is a Class 4 Felony if a person leaves the scene of an accident wherein an individual sustained serious bodily injury. It is a Class 3 Felony if a person leaves the scene of an accident wherein an individual died. In addition, a conviction for such an offense entails the automatic revocation of the offender’s driver’s license.

42-4-1601. Accidents involving death or personal injuries – duties.

(1)  The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.

(1.5)  It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.

(2)  Any person who violates any provision of this section commits:

(a)  A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;

(b)  A class 4 felony if the accident resulted in serious bodily injury to any person;

(c)  A class 3 felony if the accident resulted in the death of any person.

(3)  The department shall revoke the driver’s license of the person so convicted.

(3)  The department shall revoke the driver’s license of the person so convicted. A revocation pursuant to this subsection (3) runs concurrently with any suspension imposed pursuant to section 42-2-127.9, if imposed as a result of the same episode of driving.

(4)  As used in this section and sections 42-4-1603 and 42-4-1606:

(a)  “Injury” means physical pain, illness, or any impairment of physical or mental condition.

(b)  “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

42-4-1602. Accident involving damage – duty.

(1)  The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.

(2)  When an accident occurs on the traveled portion, median, or ramp of a divided highway and each vehicle involved can be safely driven, each driver shall move such driver’s vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.

After a traffic accident an individual has specific responsibilities to the other motor vehicle operator as set forth in the statute.

42-4-1603. Duty to give notice, information, and aid.

(1)  The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, the driver’s address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person.

(2)  In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver’s part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section.

A driver of a motor vehicle has specific obligations when his vehicle has struck an unattended vehicle or another object.

42-4-1604. Duty upon striking unattended vehicle or other property.

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver’s name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

42-4-1605. Duty upon striking highway fixtures or traffic control devices.

The driver of any vehicle involved in an accident resulting only in damage to fixtures or traffic control devices upon or adjacent to a highway shall notify the road authority in charge of such property of that fact and of the driver’s name and address and of the registration number of the vehicle he or she is driving and shall make report of such accident when and as required in section 42-4-1606. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

In addition to the requirements to stop, render aid and exchange information with another driver a motor vehicle has a second set of obligation after there has been a motor vehicle accident. This centers upon contacting law enforcement and remaining at the scene until law enforcement arrives to investigate the accident or otherwise advises the drivers that they may leave the scene of the accident.

42-4-1606. Duty to report accidents.

(1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603 (1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603 (2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.

(2)  Repealed.

(3)  The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

(4) (a) (I)  It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, “inflatable restraint system” has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b).

(II)  Repealed.

(b)  The law enforcement officer shall not be required to complete an investigation or file an accident report:

(I)  In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or

(II)  In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.

(5)  The person in charge at any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the name and address of the owner and operator of such vehicle together with any other discernible information.

(6)  Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense..

42-4-1607. When driver unable to give notice or make written report.

(1)  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 42-4-1606 (1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.

(2)  Repealed.

(3)  Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

42-4-1608. Accident report forms.

(1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.

(2)  Every required accident report shall be made on a form approved by the department, where such form is available.

42-4-1609. Coroners to report.

Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department the death of any person within such official’s jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.

42-4-1610. Reports by interested parties confidential.

All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. Except as provided in section 42-7-504 (2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206.

42-4-1611. Tabulation and analysis of reports.

The department shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents and in such a way that the information may be of value to the department of transportation in eliminating roadway hazards. The statistical information shall be issued in accordance with the provisions of section 24-1-136, C.R.S.

42-4-1612. Accidents in state highway work areas.

(1)  Repealed.

(2)  For purposes of this section, “state highway work area” includes any area where an employee of the department of transportation is working at the time a fatal accident occurs.

(3)  Nothing in this section shall be construed to require the department of transportation or the Colorado state patrol to specifically identify by name any individual killed, injured, or otherwise involved in an accident.

PART 17 – Procedures For Colorado Traffic Violations. Applicable Penalties for Various Traffic Violations Including Fines, Court Costs, Points AND Other Associated Penalties.

Colorado statutes set forth an elaborate system for classifying traffic violations and setting applicable fines and court costs to be imposed.

42-4-1701. 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 and parts 1 to 3 and 5 to 19 of this article unless such violation is, by articles 1 to 3 of this title and parts 1 to 3 and 5 to 19 of this article or by any other law of this state, declared to be a felony, misdemeanor, petty offense, or misdemeanor traffic offense. Such a traffic infraction shall constitute a civil matter.

(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 penalty                             $100 penalty

B                     $15 penalty                             $100 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 divided 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,      One year imprisonment,
or $300 fine, or both                or $1,000 fine, or both

2  Ten days imprisonment,       Ninety days imprisonment,
or $150 fine, or both               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, C.R.S., 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, C.R.S.

(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 this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with 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)(P) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions is fifteen dollars, and the surcharge is four dollars. These penalties and surcharges apply whether the defendant acknowledges the defendant’s guilt or liability in accordance with the procedure set forth by subsection (5)(a) of 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 are as follows:

SectionViolated                                            Penalty                       Surcharge

(A)  Drivers’ license violations:

42-2-101 (1) or (4)                                          $ 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

42-2-116 (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

42-2-139                                                            35.00                           10.00

42-2-140                                                            35.00                          10.00

42-2-141                                                            35.00                           10.00

(B)  Registration and taxation violations:

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 42-3-306   50.00                            16.00

(C)  Traffic regulation generally:

42-4-1412                                                       $ 15.00                          $ 6.00

42-4-109 (13)(a)                                                15.00                             6.00

42-4-109 (13)(b)                                             100.00                           15.00

42-4-1211                                                          30.00                 6.00

42-4-1405                                                          15.00                             6.00

(D)  Equipment violations:

42-4-201                                                         $ 35.00                        $ 10.00

42-4-202                                                            35.00                           10.00

42-4-204                                                            15.00                           6.00

42-4-205                                                            15.00                           6.00

42-4-206                                                            15.00                           6.00

42-4-207                                                            15.00                           6.00

42-4-208                                                            15.00                           6.00

42-4-209                                                            15.00                            6.00

42-4-210                                                            15.00                            6.00

42-4-211                                                            15.00                             6.00

42-4-212                                                            15.00                             6.00

42-4-213                                                            15.00                             6.00

42-4-214                                                            15.00                           6.00

42-4-215                                                            15.00                             6.00

42-4-216                                                            15.00                             6.00

42-4-217                                                            15.00                             6.00

42-4-218                                                            15.00                           6.00

42-4-219                                                            15.00                             6.00

42-4-220                                                            15.00                             6.00

42-4-221                                                            15.00                             6.00

42-4-222 (1)                                                       15.00                            6.00

42-4-223                                                            15.00                             6.00

42-4-224                                                            15.00                             6.00

42-4-225 (1)                                                       15.00                            6.00

42-4-226                                                            15.00                             6.00

42-4-227 (1)                                                       50.00                           16.00

42-4-227 (2)                                                       15.00                            6.00

42-4-228 (1), (2), (3),

(5), or (6)                                                          15.00                  6.00

42-4-229                                                            15.00                             6.00

42-4-230                                                            15.00                            6.00

42-4-231                                                            15.00                             6.00

42-4-232                                                            15.00                             6.00

42-4-233                                                            75.00                           24.00

42-4-234                                                            15.00                             6.00

42-4-235                                                            50.00                           16.00

42-4-236                                                            65.00            16.00

42-4-237                                                            65.00            6.00

42-4-1411                                                          15.00                            6.00

42-4-1412                                                          15.00                            6.00

42-4-1901                                                          35.00                           10.00

(E)  Emissions inspections:

42-4-313 (3)(c)                       $ 50.00                        $  16.00

42-4-313 (3)(d)                          15.00                            6.00

(F)  Size, weight, and load violations:

42-4-502                                                      $ 75.00     $ 24.00

42-4-503                                                         15.00   6.00

42-4-504                                                       75.00     24.00

42-4-505                                                        75.00    24.00

42-4-506                                                        15.00    6.00

42-4-509                                                        50.00    16.00

42-4-510 (12)(a)                                            35.00  10.00

42-4-106 (1), (3), (4),

(6), or (7)                                                          35.00   10.00

42-4-106 (4.5)(b)(I)                    1,000.00156.00

42-4-106 (4.5)(b)(II)                               1,500.00156.00

42-4-106 (5)(a)(I)                            100.00   32.00

42-4-106 (5)(a)(II)                           500.00  156.00

42-4-106 (5)(a)(III)                          500.00  78.00

42-4-106 (5)(a)(IV)                       1,000.00156.00

42-4-512                                                        75.00    24.00

42-8-105 (1) to (5)                            50.00   16.00

42-8-106                                                        50.00    16.00

(G)  Signals, signs, and markings violations:

42-4-603                                                         $ 100.00         $ 10.00

42-4-604                                                            100.00             10.00

42-4-605                                                            70.00               10.00

42-4-606                                                            15.00                            6.00

42-4-607 (1)                                                       50.00                           16.00

42-4-607 (2)(a)                                               100.00                          32.00

42-4-608 (1)                                                       70.00                 6.00

42-4-608 (2)                                                       15.00                              6.00

42-4-609                                                            15.00                            6.00

42-4-610                                                            15.00                            6.00

42-4-612                                                            70.00               10.00

42-4-613                                                            35.00                           10.00

(H)  Rights-of-way violations:

42-4-701                                 $ 70.00                       $ 10.00

42-4-702                                    70.00                           10.00

42-4-703                                    70.00                           10.00

42-4-704                                    70.00                           10.00

42-4-705                                    70.00                           16.00

42-4-706                                    70.00                           10.00

42-4-707                                    70.00                           10.00

42-4-708                                    35.00                           10.00

42-4-709                                    70.00                           10.00

42-4-710                                    70.00                           10.00

42-4-711                                    100.00                         10.00

42-4-712                                    70.00                           10.00

(I)  Pedestrian violations:

42-4-801                                 $ 15.00                        $  6.00

42-4-802 (1)                               30.00                          6.00

42-4-802 (3)                               15.00                          6.00

42-4-802 (4)                               30.00                          6.00

42-4-802 (5)                               30.00                          6.00

42-4-803                                    15.00                            6.00

42-4-805                                    15.00                            6.00

42-4-806                                    70.00                            10.00

42-4-807                                    70.00                            10.00

42-4-808                                    70.00                            10.00

(J)  Turning and stopping violations:

42-4-901                                                         $  70.00                      $ 10.00

42-4-902                                    70.00                           10.00

42-4-903                                    70.00                           10.00

(K)  Driving, overtaking, and passing violations:

42-4-1001                                                       $ 70.00                       $ 10.00

42-4-1002                                  100.00                         10.00

42-4-1003                                  100.00                         10.00

42-4-1004                                  100.00                         10.00

42-4-1005                                  100.00                         10.00

42-4-1006                                  70.00                           10.00

42-4-1007                                  100.00                         10.00

42-4-1008                                  100.00                         10.00

42-4-1009                                  70.00                           10.00

42-4-1010                                  70.00                           10.00

42-4-1011                                  200.00                         32.00

42-4-1012 (3)(a)                        65.00                           (NONE)

42-4-1012 (3)(b)                        125.00                         (NONE)

42-4-1013                                  100.00                         (NONE)

(L)  Speeding violations:

42-4-1101 (1) or (8)(b)(1 to 4 milesper hour over the reasonable andprudent speed or over the maximum

lawful speed limit of 75 miles

per hour)                                 $  30.00                       $ 6.00

42-4-1101 (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)                                   70.00                           10.00

42-4-1101 (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)                                    135.00                         16.00

42-4-1101 (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)                                    200.00                         32.00

42-4-1101 (8)(g)(1 to 4 miles per

hour over the maximum lawful

speed limit of 40 miles per hour

driving a low-power scooter)                            50.00             6.00

42-4-1101 (8)(g)(5 to 9 miles per

hour over the maximum lawful

speed limit of 40 miles per hour

driving a low-power scooter)                            75.00             10.00

42-4-1101 (8)(g)(greater than 9

miles per hour over the maximum

lawful speed limit of 40 miles per

hour driving a low-power scooter)                              100.00                       16.00

42-4-1101 (3)                             100.00                         10.00

42-4-1103                                  50.00                           6.00

42-4-1104                                  30.00                           6.00

(M)  Parking violations:

42-4-1201                               $  30.00                      $ 6.00

42-4-1202                                  30.00                           6.00

42-4-1204                                  15.00                           6.00

42-4-1205                                  15.00                           6.00

42-4-1206                                  15.00                           6.00

42-4-1207                                  15.00                           6.00

42-4-1208 (3)(b), (3)(c),

and (3)(d)                                   150.00                         32.00            [Editor’s note: For information regarding changes to this reference, see subsection (10) in the editor’s note following this section.]

(N)  Other offenses:

42-4-1301 (2)(d)                     $   100.00                    $  16.00

42-4-1305                                  50.00                           16.00

42-4-1305.5 (2)                                     50.00                7.80

42-4-1402                                   150.00                         16.00

42-4-1403                                      30.00                           6.00

42-4-1404                                     15.00                           6.00

42-4-1406                                     35.00                         10.00

42-4-1407 (3)(a)                         35.00                           10.00

42-4-1407 (3)(b)                         100.00                           30.00

42-4-1407 (3)(c)                         500.00                       200.00

42-4-314 (1) and (2)                   35.00                            10.00

42-4-314 (6)(a)                           100.00                         10.00

42-4-1408                                     15.00                          6.00

42-4-1414 (2)(a)                       500.00                           156.00

42-4-1414 (2)(b)                     1,000.00                         312.00

42-4-1414 (2)(c)                     5,000.00                     1,560.00

42-4-1416 (3)                  75.00                          4.00

42-20-109 (2)                   250.00                       66.00

(O)  Motorcycle violations:

42-4-1502 (1), (2), (3), or (4)                         $ 30.00                        $ 6.00

42-4-1502 (4.5)                          100.00                         15.00

42-4-1503                                  30.00                            6.00

42-4-1504                                  30.00                            6.00

(P)  Offenses by persons controlling vehicles:

42-4-239 (5)(a)                         $ 50.00                      $  6.00

42-4-239 (5)(b)                          100.00                        6.00

42-4-239 (5.5)                300.00                        6.00

42-4-1704                                   15.00                         6.00

(II) (A)  A person convicted of violating section 42-4-507 or 42-4-508 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 42-4-507 or 42-4-508 shall be punished by the following fine plus a surcharge of sixteen percent of the fine:

Excess Weight – Pounds                     Penalty

1 –  1,000                         $ 20.00

1,001 –  3,000                                       25.00

3,001 –  5,000                                       0.03 per pound overweight

rounded to the nearest dollar

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 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

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 42-4-510, except section 42-4-510 (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

Permitted Weight – Pounds             Penalty

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 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 42-4-510 (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), C.R.S. 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.

(VIII)  A person who violates section 42-3-204 (7)(f)(II) or section 42-4-1208 (3)(a) or (4) commits a misdemeanor 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), C.R.S., 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 42-4-1208 (3) by parking a vehicle owned by a commercial carrier is guilty of a misdemeanor and, upon conviction, shall be punished by the surcharge and a fine of up to twice the penalty imposed in subparagraph (VIII) of this paragraph (a).

(X) (A)  A person who violates section 42-4-1208 (5) of this section is guilty of a class 1 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501, C.R.S.

(B)  A person who willfully receives remuneration for violating section 42-4-1208 (5) is guilty of a class 1 misdemeanor and, upon conviction, shall be punished by twice the civil and criminal penalties that would be imposed under section 18-1.3-501, C.R.S.

(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 42-4-614 (1)(a); except that the penalty for violating section 42-4-1101 (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 42-4-614 (1)(a); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 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 43-4-205, C.R.S., shall be transferred to 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 42-4-614 (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 42-4-614 (1)(b); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 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 42-4-615.

(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 42-4-616.

(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 43-4-205, C.R.S., 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 fifteen dollars shall be assessed for speeding violations under sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) in addition to the penalties and surcharge stated in said sub-subparagraph (L). Moneys collected pursuant to this paragraph (e) shall be transmitted to the state treasurer who shall deposit such moneys in the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., 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 or municipal court, the surcharge shall be seventeen dollars of which two dollars shall be retained by the county or municipality and the remaining fifteen dollars shall be transmitted to the state treasurer and credited to the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., 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.

(III)  An additional fifteen dollars shall be assessed for a violation of a traffic regulation under sub-subparagraph (C) of subparagraph (I) of paragraph (a) of this subsection (4) for a violation of section 42-4-109 (13)(b), in addition to the penalties stated in said sub-subparagraph (C). An additional fifteen dollars shall be assessed for a motorcycle violation under sub-subparagraph (O) of subparagraph (I) of paragraph (a) of this subsection (4) for a violation of section 42-4-1502 (4.5), in addition to the penalties stated in said sub-subparagraph (O). Moneys collected pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall deposit the moneys in the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., to be used for the purposes set forth in part 3 of article 1 of title 26.

(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), C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117, C.R.S.

(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), C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117, C.R.S.

(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.

(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 42-4-1707 (3) or by section 42-4-1709, 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 42-4-1710 (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 42-4-1706 (2) or 42-4-1707 (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 42-4-1707. 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 docket fee in the amount set forth in section 42-4-1710 (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 42-4-1710 (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 42-4-1707 (3)(a.5) or 42-4-1709 (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 42-4-1101 (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 42-3-121 (1)(a) shall always apply to such a violation. In all cases where the penalty and surcharge schedule contained in 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 24-4.1-119 (1)(f) and 24-4.2-104 (1), C.R.S., 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, C.R.S.

42-4-1702. Alcohol- or drug-related traffic offenses – collateral attack.

(1)  No person against whom a judgment has been entered for DUI, DUI per se, DWAI, or UDD shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment.

(2)  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 (1)(a) of this section are:

(a)  A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;

(b)  A case in which the court entering judgment did not have jurisdiction over the person of the violator;

(c)  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

(d)  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.

42-4-1703. Parties to a crime.

Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in this article and part 1 of article 2 of this title to be a crime or traffic infraction, 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 infraction, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this article is likewise guilty of such offense or liable for such infraction.

42-4-1704. 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. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

An individual may be arrested by law enforcement after having allegedly committed a traffic felony or misdemeanor traffic offense. After arrest the individual has rights to be taken before a judge in a timely manner, as set forth in the statute.

42-4-1705. Person arrested to be taken before the proper court.

(1)  Whenever a person is arrested for any violation of this article punishable as a misdemeanor, the arrested person shall 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 and the person arrested refuses to give a written promise to appear in court as provided in section 42-4-1707.

(2)  Whenever any person is arrested by a police officer for any violation of this article punishable as a misdemeanor and is not required to be taken before a county judge as provided in subsection (1) of this section, the arrested person shall, 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 disregard a written promise to 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 that 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 (18), C.R.S., the provisions of section 42-4-1706 (2) shall apply.

(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 alcoholism even though entry or other record of such arrest and charge has been made. Such placement shall be governed by article 81 of title 27, C.R.S., except where in conflict with this section.

42-4-1706. Juveniles – convicted – arrested and incarcerated – provisions for confinement.

(1)  Notwithstanding any other provision of law, a child, as defined in section 19-1-103 (18), C.R.S., convicted of a misdemeanor traffic offense under

this article, violating the conditions of probation imposed under this article, or found in contempt of court in connection with a violation or alleged violation under this article shall 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 shall receive and provide care for such child or if the jail is located within forty miles of such facility. The court imposing penalties under 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 19-2-508 (4), C.R.S.

(2) (a)  Notwithstanding any other provision of law, a child, as defined in section 19-1-103 (18), C.R.S., arrested and incarcerated for an alleged misdemeanor traffic offense under this article, and not released on bond, shall 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 19-2-508 (4)(d), C.R.S. Such child shall 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 under this subsection (2), Saturdays, Sundays, and court holidays shall be 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 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).

Colorado law contains specific procedures for the issuance of a proper traffic citation and what that citation must contain.

42-4-1707. 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 42-4-1701 (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 shall be served upon the defendant by the peace officer shall 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, the amount of the penalty prescribed for the offense, the amount of the surcharges thereon pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S., the number of points, if any, prescribed for the offense pursuant to section 42-2-127, and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges thereon are not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed and surcharges thereon within twenty days, as well as such other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint, should the prescribed penalty and surcharges thereon not be 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.

(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 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, as provided in this section, must either consent to be taken by the officer to the nearest mailbox and to mail the amount of the penalty and surcharges thereon to the department or must execute a promise to appear in court on the penalty assessment notice or on the summons and complaint. If the defendant does possess a valid Colorado driver’s license, the defendant shall 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 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.

42-4-1708. 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, C.R.S., 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, C.R.S., 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.

(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.

42-4-1709. Penalty assessment notice for traffic infractions – 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 shall be served upon the defendant by the peace officer shall 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 thereof, the amount of the penalty prescribed for the traffic infraction, the amount of the surcharges thereon pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S., 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; shall direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges thereon are not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed and surcharges thereon within twenty days, as well as such other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint, should the prescribed penalty and surcharges thereon not be 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;

(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 law 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 42-4-1710 (1)(b), 42-4-1710 (1.5), and 42-4-1716 (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 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.

(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 county 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 shall not be 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:

(I)  An outstanding judgment entered against such person on and after January 1, 1983, pursuant to section 42-4-1710 (2) or (3);

(II)  An outstanding judgment entered against such person by a county or municipal court for a violation of a statute or ordinance relating to the regulation of motor vehicles or traffic, excluding traffic infractions defined by state statute or ordinance and violations relating to parking;

(III)  A bench warrant issued against such person by a county or municipal court for failure to appear to answer a citation for an alleged violation of a statute or ordinance relating to the regulation of motor vehicles or traffic, excluding traffic infractions defined by state statute or ordinance and violations relating to parking;

(IV)  An outstanding judgment entered against such person by a municipal court for a violation of any municipal ordinance which occurred when such person was under eighteen years of age, excluding traffic infractions defined by state statute or ordinance and violations related to parking;

(V)  A bench warrant issued against such person by a municipal court for failure to appear to answer a summons or summons and complaint for an alleged violation of any municipal ordinance that occurred when such person was under eighteen years of age, excluding traffic infractions defined by state statute or ordinance and violations relating to parking;

(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 and such check or order is returned for insufficient funds or a closed account and remains unpaid. For the purposes of this subparagraph (VI), 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.

(VII)  Repealed.

(VIII)  An outstanding judgment entered against such person by a county or municipal court for a violation of section 42-4-1416.

(b)  The restrictions in paragraph (a) of this subsection (7) shall not apply in cases where an appeal from any determination of liability and penalty is pending and not disposed of at the time of such application for obtaining or renewing a driver’s license.

42-4-1710. Failure to pay penalty for traffic infractions – 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 article and surcharge thereon pursuant to sections 24-4.1-119 (1)(f) and 24-4.2-104 (1), C.R.S., 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) and section 42-4-1701 (5), 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 42-4-1707 (3)(a.5) or 42-4-1709 (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, C.R.S. 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) (a) (I) (A)  If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee of sixteen dollars, and other applicable costs authorized by section 13-16-122 (1), C.R.S. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to section 42-4-1701 (4)(a). If a penalty assessment notice is prohibited by section 42-4-1701 (5)(c), the penalty shall be assessed pursuant to section 42-4-1701 (3)(a).

(B)  On and after July 1, 2008, all docket fees collected under this subparagraph (I) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.

(II)  On and after June 6, 2003, the docket fee assessed in subsection (4)(a)(I) of this section is increased by three dollars. The additional revenue generated by the docket fee shall be transmitted to the state treasurer for deposit in the state commission on judicial performance cash fund created in section 13-5.5-115.

(a.5)  Pursuant to section 13-1-204 (1)(b), C.R.S., a five-dollar surcharge, in addition to the original surcharge described in paragraph (a) of this subsection (4), shall be assessed and collected on each docket fee that is described in paragraph (a) of this subsection (4) concerning penalties assessed on and after July 1, 2007.

(b)  In no event shall a bench warrant be issued for the arrest of any person who fails to appear for a hearing pursuant to subsection (1.5) or (2) of this section or for a final hearing pursuant to subsection (3) of this section. Except as otherwise provided in section 42-4-1716, entry of judgment and assessment of the penalty and surcharge pursuant to paragraph (a) of this subsection (4) and any penalties imposed pursuant to section 42-2-127 shall constitute the sole penalties for failure to appear for either the hearing or the final hearing.

42-4-1711. Compliance with promise to appear.

A written promise to appear in court may be complied with by an appearance by counsel.

42-4-1712. Procedure prescribed not exclusive.

The foregoing provisions of this article shall govern all police officers in making arrests without a warrant or issuing citations for violations of this article, for offenses or infractions committed in their presence, but the procedure prescribed in this article shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade.

42-4-1713. 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 article shall be admissible as evidence in any court in any civil action.

42-4-1714. Traffic violation not to affect credibility of witness.

The conviction of a person upon a charge of violating any provision of this article 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.

42-4-1715. Convictions, judgments, and charges recorded – public inspection.

(1) (a)  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 article or any other law regulating the operation of vehicles on highways.

(b) (I)  Upon application by a person, the court shall expunge all records concerning a conviction of the person for UDD with a BAC of at least 0.02 but not more than 0.05 if:

(A)  Such person presents a request for expungement to the court and provides all information required by the court to process such request;

(B)  Such person is over twenty-one years of age and the court action regarding the offense has been concluded;

(C)  The person has not been convicted for any other offense under section 42-4-1301 that was committed while such person was under twenty-one years of age;

(D)  Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party;

(E)  Such person has never held a commercial driver’s license as defined in section 42-2-402; and

(F)  Such person was not operating a commercial motor vehicle as defined in section 42-2-402.

(II)  Upon receiving a request for expungement, the court may delay consideration of such request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense of DUI, DUI per se, DWAI, or UDD committed while the person was under twenty-one years of age.

(2) (a)  Subject to paragraph (b) of this subsection (2), within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating this article 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, the conviction was had, or bail was forfeited shall prepare and forward to the department an abstract of the record of the court covering every case in which the person had a judgment entered against him or her, was convicted, or forfeited bail, which abstract shall be certified by the preparer to be true and correct.

(b)  For the holder of a commercial driver’s license as defined in section 42-2-402 or an offense committed by a person operating a commercial motor vehicle as defined in section 42-2-402, within five days after conviction of a person upon a charge of violating this article or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the person was convicted shall prepare and forward to the department an abstract of the record of the court covering every case in which the person was convicted, which abstract shall be certified by the preparer to be true and correct.

(3)  Said abstract must be made upon a form furnished by the department 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.

(4) (a)  Every court of record shall also forward a like report to the department:

(I)  Upon the conviction of any person of vehicular homicide or any other felony in the commission of which a vehicle was used; and

(II)  Upon the dismissal of a charge for DUI, DUI per se, DWAI, or UDD or if the original charge was for DUI, DUI per se, DWAI, or UDD and the conviction was for a nonalcohol- or nondrug-related traffic offense.

(b)  (Deleted by amendment, L. 2008, p. 475, § 6, effective July 1, 2008.)

(5)  The department shall keep all abstracts received under this section, as well as a record of penalty assessments received, at the main office, and the same shall be public records and subject to the provisions of section 42-1-206.

42-4-1716. 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)  Except as otherwise provided in subsection (4) of this section, a person commits a class 2 misdemeanor traffic offense if the person fails to appear to answer any offense other than a traffic infraction charged under this part 17.

(3)  (Deleted by amendment, L. 2004, p. 1335, § 9, effective July 1, 2005.)

(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 42-4-1706 (2)(b), 42-4-1707 (1)(b), or 42-4-1710 (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.

(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.

(b)  A person who violates any provision of paragraph (a) of subparagraph (I) of this subsection (4) commits a class 1 petty offense and shall be punished pursuant to section 18-1.3-503, C.R.S.

42-4-1717. Conviction – attendance at driver improvement school – rules.

(1)  Except as otherwise provided in subsection (2) of this section, if a person has been convicted of violating this article or any other law regulating the operation of motor vehicles other than a violation of section 42-4-1301, the court may require the defendant, at the defendant’s expense, to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in: The traffic laws of this state, recognition of hazardous traffic situations, and traffic accident prevention. Upon completion of the course, the court may suspend all or a portion of the fine or sentence of imprisonment. Unless otherwise provided by law, the school must be approved by the court.

(2)  Whenever a minor under eighteen years of age has been convicted of violating any provision of this article or other law regulating the operation of vehicles on highways, other than a traffic infraction, the court shall 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 shall 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 42-4-1716 (4), shall pay the cost of attending the designated driver improvement school. The courts shall make available information on scholarships and other financial assistance available to help minors or their parents offset the costs of driver improvement school. Unless otherwise provided by law, such school shall be approved by the court.

(3)  Repealed.

42-4-1718. Electronic transmission of data – standards.

(1)  The department, the judicial department, and the department of public safety shall jointly develop standards for the electronic transmission of any penalty assessment notice or summons and complaint issued pursuant to the provisions of this article or issued pursuant to any county ordinance adopted under section 30-15-401 (1)(h), C.R.S. Such agencies shall consult with county sheriffs, municipal police departments, municipal courts, and the office of transportation safety in the department of transportation in developing such standards. Such standards shall be consistent with requirements of the department for reporting convictions under the provisions of this article and with the requirements of the department of public safety for reporting criminal information under article 21 of title 16, C.R.S. The provisions of this section shall not be interpreted to require any municipality, county, or other government entity to transmit traffic data electronically.

(2)  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.

42-4-1719. 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.

PART 18 – Provisions Applicable to Abandoned Vehicles on Public Property.

42-4-1801. Legislative declaration.

The general assembly 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.

42-4-1802. 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 42-4-1105 (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), C.R.S., that is deemed to be abandoned pursuant to section 32-9-119.9 (4)(b), C.R.S.

(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, (HB 09- 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.

(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), C.R.S., 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.

42-4-1803. 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.

42-4-1804. 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) (a)  Upon 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.

(b)  If the vehicle is not registered with the department, the department shall conduct a title search with an entity that:

(I)  Has a national database;

(II)  May retrieve records based on both the vehicle identification number and vehicle registration number (license plate number); and

(III)  Provides the following information: The vehicle identification number, the vehicle registration number, the owner’s name and contact information, and the lienholder’s name and contact information.

(c)  Within ten working days after receipt of a report made under subsection (1) or (6) of this section, the department shall complete its search and shall transmit the report, together with all relevant information, to the responsible law enforcement agency or tow operator.

(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.

(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 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 42-4-1806. 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, 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 42-4-1806. 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, 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.

(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 section 24-4-105, C.R.S., 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 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 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.

42-4-1805. 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 42-4-1804, 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 42-4-1804 (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 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 42-4-1804 (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 article 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.

42-4-1806. 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 42-4-1804 (6), upon such motor vehicle and its attached accessories or equipment for all fees for recovering, towing, and storage as authorized in section 42-4-1809 (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

(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.

42-4-1807. Perfection of lien.

The lien provided for in section 42-4-1806 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 42-4-1804. 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.

42-4-1808. 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 42-4-1805.

42-4-1809. 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 42-4-1808. 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 section 42-4-1805 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.

(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 42-4-1105.

(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), C.R.S.

(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.

42-4-1810. 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 42-4-1805 (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.

42-4-1811. Penalty.

Unless otherwise specified in this part 18, any person who knowingly violates any of the provisions of this part 18 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

42-4-1812. 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 42-4-230.

(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.

42-4-1813. Local regulations.

(1)  The state or any county, municipality as defined in section 31-1-101 (6), C.R.S., 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, C.R.S., 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.

42-4-1814. 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.

PART 19 – Laws Regarding the Configuration and Operation of School Buses.

42-4-1901. 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 42-4-1902:

(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.

42-4-1902. 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 42-4-1901 (3)(a), and driving in adverse weather conditions.

42-4-1903. 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 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.

(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), C.R.S.

42-4-1904. 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 article 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 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 section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

(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), C.R.S.

PART 20 – Ready Mix Concrete Truck Operators Hours of Service Limitations.

42-4-2001. Maximum hours of service – ready-mix concrete truck operators.

(1)  Any person who operates a commercial motor vehicle solely in intrastate commerce for the purpose of transporting wet, ready-mix concrete need not comply with 49 CFR 395.3 (b). No such person shall drive for any period after:

(a)  Having been on duty seventy hours in any seven consecutive days if the employing motor carrier does not operate every day in the week; or

(b)  Having been on duty eighty hours in any period of eight consecutive days if the employing motor carrier operates motor vehicles every day of the week.

(2)  Within a seven-day workweek all hours of service after sixty hours are voluntary starting the next scheduled work day.

(3)  Twenty-four consecutive hours off duty shall constitute the end of any seven or eight consecutive-day period.

(4)  Any commercial motor vehicle that transports hazardous materials shall be exempt from this section and shall be subject to the federal hours-of-service limitations in 49 CFR 395 and 350.

PART 21 – Law Applicable to Vehicles Abandoned Upon Private Property.

42-4-2101. Legislative declaration.

The general assembly hereby declares that the purpose of this part 21 is to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on private property.

42-4-2102. Definitions.

As used in this part 21, unless the context otherwise requires:

(1)  “Abandoned motor vehicle”, except as otherwise defined in section 38-20-116 (2.5)(b)(I), C.R.S., for purposes of section 38-20-116 (2.5), C.R.S., means:

(a)  Any motor vehicle left unattended on private property for a period of twenty-four hours or longer or for such other period as may be established by local ordinance without the consent of the owner or lessee of such property or the owner’s or lessee’s legally authorized agent;

(b)  Any motor vehicle stored in an impound lot at the request of its owner or the owner’s agent and not removed from the impound lot according to the agreement with the owner or agent;

(c)  Any motor vehicle that is left on private property without the property owner’s consent, towed at the request of the property owner, and not removed from the impound lot by the vehicle owner within forty-eight hours; or

(d)  A motor vehicle fitted with an immobilization device that is on private property and deemed to be abandoned pursuant to section 42-4-1105 (7)(c).

(2)  “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.

(3)  (Deleted by amendment, L. 2009, (HB 09-1279), ch. 170, p. 766, § 7, effective August 5, 2009.)

(4)  “Impound lot” means a parcel of real property that is owned or leased by an operator at which motor vehicles are stored under appropriate protection.

(5)  “Operator” means a person or a firm licensed by the public utilities commission as a towing carrier.

(6)  “Private property” means any real property that is not public property.

(7)  “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), C.R.S., or other governmental entity of this state.

(8)  “Responsible law enforcement agency” means the law enforcement agency having jurisdiction over the private property where the motor vehicle becomes abandoned.

42-4-2103. Abandonment of motor vehicles – private property – rules.

(1) (a)  Motor vehicles abandoned at repair shops shall be removed as set forth in section 38-20-116 (2.5), C.R.S.

(b)  No person shall abandon any motor vehicle upon private property other than his or her own. Any owner or lessee, or the owner’s or lessee’s agent authorized in writing, may have an abandoned motor vehicle removed from his or her property by having it towed and impounded by an operator. Motor vehicles abandoned upon the property of a motor vehicle recycler may be recycled in accordance with part 22 of this article if the vehicle’s appraisal value is less than three hundred fifty dollars.

(2)  Any operator having in his or her possession any motor vehicle that was abandoned on private property shall notify, within thirty minutes, the department, the sheriff, or the sheriff’s designee, of the county in which the motor vehicle is located or the chief of police, or the chief’s designee, of the municipality in which the motor vehicle is located as to the name of the operator and the location of the impound lot where the vehicle is located and 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. Upon such notification, the law enforcement agency that receives such notice shall assign the vehicle a tow report number immediately, shall enter the vehicle and the fact that it has been towed in the Colorado crime information center computer system, and shall ascertain, if possible, whether or not the 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 21. Upon the release of the vehicle to the owner or lienholder, the operator shall notify the responsible law enforcement agent who shall adjust or delete the entry in the Colorado crime information center computer system. The responsible law enforcement agency and operator shall have the right to recover from the owner their reasonable fees for recovering and securing the 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.

(3) (a)  An operator shall, no less than two days, but no more than ten days after a motor vehicle has been towed or abandoned, report such motor vehicle tow to the department by first-class or certified mail, by personal delivery, or by internet communication, which report shall be on a form prescribed and supplied by the department.

(b)  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 tow report number, and the identity of the law enforcement agency determining that the vehicle was not reported stolen;

(II)  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, or any other indicia of the motor vehicle’s state of origin, and the vehicle identification number.

(c) (I) (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 or abandoned, determine who the owner is and if there is a lienholder and send a notice by certified mail, return receipt requested, to the address of the owner and any lienholder as determined from records of the department or from the national search performed by the department.

(B)  If the department conducts a national title search in accordance with subparagraph (IV) of this paragraph (c), each day elapsing between the department being notified and the department returning information on the motor vehicle as a result of the search does not count against the tow operator’s ten-day deadline to contact the motor vehicle’s owner or any lienholder. This sub-subparagraph (B) does not affect daily storage fees.

(C)  The notice must include the information required by the report set forth in paragraph (b) of this subsection (3).

(D)  The cost of complying with this paragraph (c) is a cost of towing; except that the total of all costs of complying with this section shall not exceed one hundred fifty dollars. The tow operator shall send the notice to the owner and lienholder within five days after receiving the information from the department.

(II)  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 subparagraph (I) of this paragraph (c). 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 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.

(III)  The department shall implement an electronic system whereby an operator registered under section 42-4-1806 (2) or the agent of such operator shall have access to correct information relating to any owner and lienholder of a vehicle towed by the operator as represented in the department records. The department shall ensure that the information available to an operator or its agent is correct and is limited solely to that information necessary to contact the owner and lienholder of such vehicle.

(IV)  If the tow operator determines in accordance with this subsection (3) that the department does not have a current record for a motor vehicle, the tow operator shall notify the department in writing, including electronically. Upon receiving the notice, the department shall conduct a title search with an entity that:

(A)  Has a national database;

(B)  May retrieve records based on both the vehicle identification number and vehicle registration number on the license plate; and

(C)  Provides the following information: The vehicle identification number, the vehicle registration number, the owner’s name and contact information, and the lienholder’s name and contact information.

(V)  Within ten working days after receiving the written notice that no record exists under subparagraph (IV) of this paragraph (c), the department shall complete its search and shall transmit all relevant information to the responsible law enforcement agency or tow operator. This ten-day period does not decrease the number of days a tow operator has to notify the owner or lienholder in accordance with this paragraph (c).

(VI)  The department may charge the tow operator a fee in an amount not to exceed the lesser of five dollars or the direct and indirect costs of implementing this paragraph (c).

(4)  Within three days after the receipt of the records set forth in subsection (3)(c) of this section from the department, the operator shall notify by certified mail the owner of record, including an out-of-state owner of record. The operator shall make a reasonable effort to ascertain the address of the owner of record. The notice must contain the following information:

(a)  That the identified motor vehicle has been reported abandoned to the department;

(b)  The claim of any lien under section 42-4-2105;

(c)  The location of the motor vehicle and the location from which it was towed; and

(d)  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.

(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 operators and local law enforcement agencies.

42-4-2104. Appraisal of abandoned motor vehicles – sale.

(1) (a)  Motor vehicles that are abandoned on private property shall be appraised and sold by the operator in a commercially reasonable manner at a public or private sale held not less than thirty days nor more than sixty days after the postmarked date the notice was mailed pursuant to section 42-4-2103 (4) or the date the operator receives notice that no record exists for such vehicle. Such sale shall be made to a licensed motor vehicle dealer or wholesaler, or wholesale motor vehicle auction dealer, or through a classified newspaper advertisement published in Colorado. For purposes of this section, a sale shall not be considered commercially reasonable if the vehicle’s appraisal value is more than three hundred fifty dollars and the vehicle is sold to an officer or partner of the operator that has possession of the vehicle or to any other person with a proprietary interest in such operator.

(b)  Nothing in this section requires that an operator must be a licensed dealer pursuant to part 1 of article 6 of title 12 for purposes of selling a motor vehicle pursuant to this part 21.

(c)  Subject to section 42-4-2103 and if an operator conducts a commercially reasonable sale but fails to sell the motor vehicle, the operator may continue to collect daily storage fees for such vehicle actually accrued for up to one hundred twenty days.

(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 operator making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section 42-4-2103 (3), 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 operator 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 42-4-2109 (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 operator making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section 42-4-2103 (3), and an application for a Colorado certificate of title signed by a legally authorized representative of the operator 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 article 6 of this title; except that, if such vehicle is less than five years old, including the current year models, and if the department does not provide the name of an owner of record to the operator, the buyer 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)  Transferring the title of a motor vehicle to an operator to satisfy a debt covered by a lien created pursuant to this part 21 shall not be deemed to be the sale of a motor vehicle.

42-4-2104.5.  Abandonment of motor vehicles of limited value at repair shops – legislative declaration – definitions. (Repealed)

42-4-2105. 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 the owner of record, any other legally authorized person in control of such motor vehicle, or from the owner or lessee of real property upon which a motor vehicle is illegally parked or such owner’s or lessee’s agent authorized in writing, such operator shall have a possessory lien, subject to the provisions of section 42-4-2103 (3), upon such motor vehicle and its attached accessories, equipment, and personal property for all the costs and fees for recovering, towing, and storage as authorized in section 42-4-2108. 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. This subsection (1) shall not apply to personal property if subsection (3) of this section applies to such personal property.

(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

(IV)  Any information relating to a violation of any provision contained in this part 21 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 21.

(3)  If the operator obtains personal property from an abandoned vehicle that has been towed pursuant to this part 21 and if the serial or identification number of such property has been visibly altered or removed, the operator shall not have a lien upon such property and shall destroy or discard such property within five days after disposing of such vehicle pursuant to sections 42-4-2104 and 42-4-2107.

Source:L. 2002:Entire part added with relocated provisions, p. 481, § 2, effective July 1.

42-4-2106. Perfection of lien. The lien provided for in section 42-4-2105 shall be perfected by taking physical possession of the motor vehicle and its attached accessories, equipment, or personal property 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 42-4-2103. 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 21.

42-4-2107. Foreclosure of lien.

(1)  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 shall be sold in accordance with the provisions of section 42-4-2104.

(2)  Within five days after foreclosure of the lien pursuant to this section, the operator shall send a notice to the law enforcement agency having jurisdiction over the operator. Such notice shall contain a list of personal property found within the abandoned vehicle that has an intact serial or identification number and such serial or identification number. Such notification shall be made by certified mail, facsimile machine, or personal delivery.

42-4-2108. Proceeds of sale.

(1)  If the sale of any motor vehicle, personal property, and attached accessories or equipment under the provisions of section 42-4-2104 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 21 for the purposes of foreclosure of the lien pursuant to section 42-4-2107. 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 42-4-2104 produces an amount greater than the sum of all charges of the operator who has perfected his or her lien:

(a)  The proceeds shall first satisfy the operator’s reasonable costs and fees arising from the sale of the motor vehicle pursuant to section 42-4-2104 and the cost and fees of towing and storing the abandoned motor vehicle with a maximum charge that is specified in rules promulgated by the public utilities commission that govern nonconsensual tows by towing carriers.

(a.5)  In the case of the sale of an abandoned motor vehicle described in section 42-4-2102 (1)(d), any balance remaining after payment pursuant to paragraph (a) 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 42-4-1105.

(b)  Any balance remaining after payment pursuant to paragraphs (a) and (a.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 to it with respect to such motor vehicle. The department shall provide a receipt to the operator within seven days after receiving the money if the operator provides the department with a postage-paid, self-addressed envelope.

(c)  Any balance remaining after payment pursuant to paragraph (b) 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), C.R.S.

42-4-2109. 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 21, 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 with an appraised value of more than two hundred dollars, 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 of three hundred fifty dollars or less that are conducted pursuant to section 42-4-2104 (2) and all sales of abandoned motor vehicles, as defined in section 38-20-116 (2.5)(b)(I), C.R.S., with a retail fair market value of three hundred fifty dollars or less that are conducted pursuant to section 38-20-116 (2.5)(d)(I), C.R.S., 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.

42-4-2110. Penalty.

Unless otherwise specified in this part 21, any person who knowingly violates any of the provisions of this part 21 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

PART 22 – Applicable Law Regarding the Recycling of Motor Vehicles – Prevention of Motor Vehicle Theft.

42-4-2201. Definitions.

As used in this part 22, unless the context otherwise requires:

(1)  “Auto parts recycler” means any person that purchases motor vehicles for the purpose of dismantling and selling the components thereof and that complies with all federal, state, and local laws and regulations.

(2)  “Licensed motor vehicle dealer” means a motor vehicle dealer that is licensed pursuant to part 1 of article 6 of title 12, C.R.S.

(3)  “Operator” means a person or a firm licensed by the public utilities commission as a towing carrier.

(4)  “Recycling” means:

(a)  Crushing or shredding a motor vehicle to produce scrap metal that may be used to produce new products; or

(b)  Dismantling a motor vehicle to remove reusable parts prior to recycling the remainder of the vehicle.

(5)  “System” means the Colorado motor vehicle verification system created in section 42-4-2203.

42-4-2202. Transfer for recycling.

(1) No person who is not a licensed motor vehicle dealer shall purchase or otherwise receive a motor vehicle to recycle the vehicle, unless:

(a)  The seller or transferor is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer;

(b)  The seller or transferor provides a completed bill of sale on a form prescribed by the department of revenue; or

(c)  The receiver or purchaser complies with subsection (2) of this section.

(2) (a)  A person other than a licensed motor vehicle dealer who purchases or otherwise receives a motor vehicle for the purpose of recycling the vehicle shall keep the vehicle for seven business days before recycling unless the seller or transferor:

(I)  Is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer; or

(II)  If the purchaser or transferee is an operator selling an abandoned motor vehicle pursuant to part 18 or 21 of this article or a licensed motor vehicle dealer or used motor vehicle dealer, provides a completed bill of sale on a form prescribed by the department of revenue.

(b)  During the seven-day waiting period:

(I)  The motor vehicle, the bill of sale, a copy of the system inquiry results, and, if applicable, the daily record required pursuant to section 42-5-105 shall be open at all times during regular business hours to inspection by the department of revenue or any peace officer; and

(II)  The receiver or purchaser shall submit the vehicle identification number to the system.

(3)  Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for the first offense and one thousand dollars for each subsequent offense.

42-4-2203. Vehicle verification system – fees – rules.

(1)  The Colorado motor vehicle verification system is hereby created within the Colorado bureau of investigation. The system shall be a database system that uses a motor vehicle’s vehicle identification number to ascertain whether the motor vehicle has been stolen. The system shall be accessible through the internet by motor vehicle dealers, motor vehicle recyclers, automobile repair shops, licensed tow operators, the department of revenue and its authorized agents, and the general public.

(2)  The system shall use the latest information that the department of public safety possesses on stolen motor vehicles.

(3)  Users of the system shall pay a fee as established by the department of public safety in an amount necessary to fund the direct and indirect costs of administering the system; except that neither the department of revenue nor its authorized agent shall pay a fee for the use of the system.

(4)  The department of public safety may register the persons who use the system and promulgate any rules reasonably necessary to implement the system.

42-4-2204. Theft discovered – duties – liability.

(1)  If a motor vehicle is identified as stolen by the system, the person submitting the inquiry shall report the incident to the nearest law enforcement agency with jurisdiction within one business day.

(2)  A person who, acting in good faith, recycles a motor vehicle or reports an incident to a law enforcement agency shall be immune from civil liability and criminal prosecution for such acts if made in reliance on the system. The department of public safety shall not be subject to civil liability for failing to identify a stolen vehicle.

(3)  A person who fails to comply with subsection (1) of this section commits a class 3 misdemeanor and, upon conviction thereof, shall be punished in accordance with section 18-1.3-501, C.R.S. A person who fails to comply with subsection (1) of this section two times within five years commits a class 2 misdemeanor and, upon conviction thereof, shall be punished in accordance with section 18-1.3-501, C.R.S. A person who fails to comply with subsection (1) of this section three or more times within five years commits a class 1 misdemeanor and, upon conviction thereof, shall be punished in accordance with section 18-1.3-501, C.R.S.

PART 23 – Education program Pertaining to Nonmotorized Vehicles Utilized by Minors.

42-4-2301. Comprehensive education.

(1) The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, shall notify schools of the availability of and make available to schools existing educational curriculum for individuals under eighteen years of age regarding the safe use of public streets and premises open to the public by users of nonmotorized wheeled transportation and pedestrians. The curriculum shall focus on, at a minimum, instruction regarding:

(a)  The safe use of bicycles;

(b)  High risk traffic situations;

(c)  Bicycle and traffic handling skills;

(d)  On-bike training;

(e)  Proper use of bicycle helmets;

(f)  Traffic laws and regulations;

(g)  The use of hiking and bicycling trails; and

(h)  Safe pedestrian practices.