Colorado 2026 Regular Session Status: Enacted Bipartisan · 15 D · 1 R cosponsors

HB 1237 — Transportation Safety Modifications

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 05, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    3 primary, 18 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

The act makes the following changes to transportation- and traffic-related statutes:Clarifies tire, chain, and alternate traction device requirements for use on a state highway by removing references to four-wheel and all-wheel drive; Prohibits an individual from stopping, standing, or parking a vehicle in the portion of a roadway designated as a bike lane, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device;Clarifies that specified officers and authorized employees may move an attended or unattended motor vehicle, vehicle, cargo, or debris that is on a highway right-of-way and that obstructs or impedes traffic or highway maintenance or operations; andUpdates statutory references relating to vehicle or traffic collisions or collisions involving other transportation devices to use the term 'crash' or 'incident' in addition to or in place of the term 'accident' and defines 'crash' to include events involving motor vehicles, vulnerable road users, or other transportation devices.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

1728 added · 1816 removed

Plain-language change summary

In the latest version of Bill HB 1237, changes have been made to tighten the requirements for vehicles traveling on snowy or icy highways in Colorado. Specifically, the bill now specifies that motor vehicles must either have tire chains, an alternate traction device, or meet new tire tread depth requirements to ensure better traction and safety. This is important as it aims to reduce accidents during harsh winter weather by making sure vehicles are better equipped to handle slippery conditions.

→
Previous
Latest
Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0658.01 Rebecca Bayetti x4348 HOUSE BILL 26-1237 HOUSE SPONSORSHIP Smith and Taggart, Bacon, Boesenecker, Brown, Carter, Duran, Froelich, Hamrick, Lindsay, Marshall, McCluskie, Nguyen, Paschal, Rutinel, Woodrow SENATE SPONSORSHIP Lindstedt, Coleman, Exum, Marchman, Roberts e n e 6 E a 0 A U , N g l S d ip House Committees Senate Committees e A Transportation, Housing & Local Government Transportation & Energy R r e A BILL FOR AN ACT n m 2 C ONCERNINGMODIFICATIONSTOSELECTSTATUTORYPROVISIONSTO T n 2 N U 7 IMPROVE TRANSPORTATION SAFETY .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
E i r S a A R Bill Summary n (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n 6 passes third reading in the house of introduction, a bill summary that m 0 applies to the reengrossed version of this bill will be available at E n , U U 1 http://leg.colorado.gov.) O i h H a r R M The bill makes the following changes to statutes to improve r transportation and traffic safety:
HOUSE BILL 26-1237 BY REPRESENTATIVE(S) Smith and Taggart, Bacon, Boesenecker, Brown, Carter, Duran, Froelich, Hamrick, Lindsay, Marshall, Nguyen, Paschal, Rutinel, Woodrow, McCluskie;
3 ! Clarifies tire, chain, and alternate traction device requirementsonastatehighwaybyremovingreferencesto g four-wheel and all-wheel drive (section 1 of the bill);
also SENATOR(S) Lindstedt, Exum, Marchman, Roberts, Coleman.
d 62 ! Prohibitsanindividualfromstopping,standing,orparking E e 2 S R 1 U d 1 H 2 r Shading denotes HOUSE amendment.
C ONCERNING MODIFICATIONS TO SELECT STATUTORY PROVISIONS TO IMPROVE TRANSPORTATION SAFETY .
Double underlining denotes SENATE amendment.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
e A a vehicle in the portion of a roadway designated as a bike lane, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device (section 2);
! Clarifies that specified officers and authorized employees may move an attended or unattended motor vehicle, vehicle, cargo, or debris that is on a highway right-of-way and that obstructs or impedes traffic or highway maintenance or operations (section 3);
and ! Updates statutory references relating to vehicle or traffic collisions or collisions involving other transportation devices in titles 13, 16, 18, 24, 25, 30, 32, 33, 40, 41, 42, 43, and 44 to use the term "crash" or "incident" in addition to or in place of the term "accident" (sections 4 through 95).
Whomayrestrictrighttousehighways-definitions - rules.
Who may restrict right to use highways - definitions - rules.
(5) (a) (I) (B) When icy or snow-packed conditions exist on the highway,thedepartmentof transportationmayrestricttravelonoruseof any portion of a state highway by a motor vehicle unless the motor vehicleisequippedwiththefollowing:Tirechainsoranalternatetraction device;
(5) (a) (I) (B) When icy or snow-packed conditions exist on the highway, the department of transportation may restrict travel on or use of any portion of a state highwaybya motor vehicle unless the motor vehicle is equipped with the following:
four-wheel drive withR tires that have a tread depth of at least three sixteenths of an inch and that are imprinted bya manufacturer with a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weather rated by the manufacturer.
Tire chains or an alternate traction device;
or all-wheel drive with tires that have a tread depth of at least three sixteenths of an inch and that are imprintedbyamanufacturerwithamountain-snowflake,"M&S","M+S", or "M/S" symbol or that are all-weather rated by the manufacturer.
four-wheel drive with OR tires that have a tread depth of at least three sixteenths of an inch and that are imprinted by a manufacturer with a ________ Capital letters or bold & italic numbers indicate new material added to existing law;
SECTION 2.
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
In Colorado Revised Statutes, 42-4-1204, add -2- 1237 (1)(j.5) as follows:
mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weatherratedbythemanufacturer.orall-wheeldrivewithtiresthathave atreaddepthofatleastthreesixteenthsof aninchandthatareimprintedby a manufacturer with a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weather rated by the manufacturer.
SECTION2.
InColoradoRevisedStatutes,42-4-1204,add(1)(j.5) as follows:
Stopping, standing, or parking prohibited in specified places - penalty.
Stopping,standing,orparkingprohibitedinspecified places - penalty.
(1) Exceptasotherwiseprovidedinsubsection(4)ofthissection, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in anyof the following places:
(1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places:
(j.5) IHEPORTIONOFAROADWAYDESIGNATEDASABIKELANE ;
(j.5) I THE PORTION OF A ROADWAY DESIGNATED AS A BIKE LANE ;
SECTION 3.
SECTION3.
In Colorado Revised Statutes, 42-4-1803, amend (2) as follows:
InColoradoRevisedStatutes,42-4-1803,amend(2) as follows:
Abandonmentofmotorvehicles-publicproperty.
Abandonment of motor vehicles - public property.
(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 obstructionRIMPEDIMENT to trafficorproper highwaymaintenanOR OPERATIONS , such officer or agency employee is authorized to cause the motorvehicle,vehicle,cargo,ordebristobemovedtoeliminateanysuch obstructionRIMPEDIMENT ;andneithertheofficer,theagencyemployee, nor anyone acting under the direction of such officer or employee shall be ISliable for any damage to such motor vehicle, vehicle, cargo, or debris occasioned by such removal.
(2) Whenever any sheriff, undersheriff, deputy sheriff, police officer,marshal,Coloradostatepatrolofficer,agentoftheColoradobureau of investigation, or agencyemployee 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 OR IMPEDIMENT totrafficorproperhighwaymaintenance OROPERATIONS ,such officer or agency employee is authorized to cause the motor vehicle, vehicle, cargo, or debris to be moved to eliminate any such obstruction IMPEDIMENT ;
The removal process is intended to clear the obstructionIMPEDIMENT , but such activity should create as little damage as possible to the vehicle, or cargo, or both.
and neither the officer, the agency employee, nor anyone acting under the direction of such officer or employee shall beable for any damage to such motor vehicle, vehicle, cargo, or debris occasioned by such removal.
No employee shallNOT cause any motor vehicle to be moved unless such -3- 1237 employee has obtained approval from a local law enforcement agencyof a municipality, county, or city and county, the Colorado bureau of investigation, or the Colorado state patrol.
The removal process is intended to clear the obstruction IMPEDIMENT , but such activityshould create as little damage as possible to the vehicle,orcargo,orboth.No A N agencyemployee shall NOT cause any motor vehicle to be moved unless such employee has obtained approval PAGE 2-HOUSE BILL 26-1237 from a local law enforcement agencyof a municipality, county, or cityand county, the Colorado bureau of investigation, or the Colorado state patrol.
SECTION4.
SECTION 4.
InColoradoRevisedStatutes,13-21-113.7,amend (2)(a)(I) as follows:
In Colorado Revised Statutes, 13-21-113.7, amend (2)(a)(I) as follows:
(a) "Emergency"meansanyincidenttowhicharesponsebyafire department or incident management team is appropriate or requested, including, without limitation:
(a) "Emergency" means any incident to which a response by a fire department or incident management team is appropriate or requested, including, without limitation:
(I) A fire, fire alarm response, motor vehicle accident, rescue call, or hazardous materials incident;
(I) Afire,firealarmresponse,motorvehicleaccident CRASH ,rescue call, or hazardous materials incident;
SECTION5.
SECTION 5.
InColoradoRevisedStatutes,13-21-115.5,amend (5) as follows:
In Colorado Revised Statutes, 13-21-115.5, amend (5) as follows:
Volunteer service act - immunity - exception for operation of motor vehicles - exception for helicopter search and rescue - short title - legislative declaration - definitions.
Volunteer service act - immunity - exception for operationofmotorvehicles-exceptionforhelicoptersearchandrescue - short title - legislative declaration - definitions.
(5) Notwithstanding the provisions of subsection (4) of this section, a plaintiff may sue and recover civil damages from a volunteer baseduponanegligentactoromissioninvolvingtheoperationofamotor vehicle during an activity;
(5) Notwithstandingtheprovisionsofsubsection(4)ofthissection, a plaintiff maysue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity;
except that the amount recovered from such volunteer shallUST not exceed the limits of applicable insurance coveragemaintainedbyoronbehalfofsuchvolunteerwithrespecttothe negligent operation of a motor vehicle in such circumstances.
except that the amount recovered from such volunteer shall MUST not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
However, nothing in this section shall be construed to limithe right of a -4- 1237 plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident CRASH .
However, nothing in this section shall be construed to limit LIMITS the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accidentSH .
SECTION 6.
SECTION6.
In Colorado Revised Statutes, 13-80-102, amend (2) as follows:
InColoradoRevisedStatutes,13-80-102, amend(2) as follows:
Show all 477 changed rows (437 more)
Previous
Latest
13-80-102.
PAGE 3-HOUSE BILL 26-1237 13-80-102.
(2) A civil action for a wrongful death against a defendant who committedvehicularhomicide, as described insection18-3-106,C.R.S., and, as part of the same criminal episode, committed the offense of leaving the scene of an accidentASH that resulted in the death of a person,asdescribedinsection42-4-1601(2)(c),C.R.S.,ardlessofthe theoryupon which suit is brought, or against whom suit is brought, must becommencedwithinfouryearsafterthecauseofactionaccrues,andnot thereafter.
(2) A civil action for a wrongful death against a defendant who committed vehicular homicide, as described in section 18-3-106, C.R.S., and, aspartof thesamecriminalepisode, committed the offense of leaving the scene of an accidentA CRASH that resulted in the death of a person, as describedinsection42-4-1601(2)(c),C.R.S., regardlessofthetheoryupon whichsuitisbrought,oragainstwhomsuitisbrought,mustbecommenced within four years after the cause of action accrues, and not thereafter.
SECTION 7.
SECTION7.
In Colorado Revised Statutes, 16-5-401, amend (1)(a) and (1)(a.5) as follows:
InColoradoRevisedStatutes,16-5-401,amend(1)(a) and (1)(a.5) as follows:
Limitation for commencing criminal proceedings, civil infraction proceedings, and juvenile delinquency proceedings - definitions.
Limitationforcommencingcriminalproceedings,civil infraction proceedings, and juvenile delinquency proceedings - definitions.
(1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquencyis filed in a court of competent jurisdiction or a summons and complaint or penaltyassessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:
(1)(a) Exceptasotherwiseprovidedbystatuteapplicabletospecific offenses,delinquentacts,orcircumstances,noadultpersonorjuvenileshall beprosecuted,tried,orpunishedforanyoffenseordelinquentactunlessthe indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessmentnoticeisserveduponthedefendantorjuvenilewithintheperiod of time after the commission of the offense or delinquent act as specified below:
-5- 1237 Murder, kidnapping, treason, any sex offense against a child, and any forgery regardless of the penalty provided:
Murder,kidnapping,treason,anysexoffenseagainst a child, and any forgery regardless of the penalty provided:
attempt, conspiracy, or solicitationtocommittreason;attempt,conspiracy, or solicitation to commit any sex offense against a child;
attempt, conspiracy, or solicitation to commit treason;
attempt, conspiracy, or solicitation to commit any sex offense against a child;
No limit Vehicular homicide, except as described in subsection (1)(a.5) of this section;
No limit PAGE 4-HOUSE BILL 26-1237 Vehicular homicide, except as described in subsection (1)(a.5) of this section;
leaving the scene of an accident CRASH that resulted in the death of a person:
leaving the scene of an accidentA CRASH that resulted in the death of a person:
Six months (a.5) The period of time during which an adult person or juvenile maybe prosecuted for the offense of vehicular homicide, as described in section 18-3-106, C.R.S.,d leaving the scene of an accideA CRASH that resulted in the death of a person, as described in section 42-4-1601 (2)(c), C.R.S.,en bothoffensesareallegedtohaveoccurred as part of thesamecriminalepisodeinthesameindictment,information,complaint, or petition in delinquencyfiled in a court of competent jurisdiction is ten years.
Six months (a.5) The period of time during which an adult person or juvenile may be prosecuted for the offense of vehicular homicide, as described in section18-3-106,C.R.S., andleavingthesceneofanaccident ACRASH that resulted in the death of a person, as described in section 42-4-1601 (2)(c), C.R.S.,whenbothoffensesareallegedtohaveoccurredaspartof thesame criminalepisodeinthesameindictment,information,complaint,orpetition in delinquency filed in a court of competent jurisdiction is ten years.
SECTION 8.
SECTION8.
In Colorado Revised Statutes, 18-3-106, amend -6- 1237 (4)(e) as follows:
InColoradoRevisedStatutes,18-3-106,amend(4)(e) as follows:
(4) (e) Any person who is dead or unconscious shallMUST be testedtodeterminethealcoholordrugcontentof his THEPERSON Sblood or any drug content of hisTHE PERSON 'S system as provided in this subsection (4).
(4) (e) Anypersonwhoisdeador unconscious shall MUST be tested to determine the alcohol or drug content of hisE PERSON 'Sblood or any drug content of hisHE PERSON S system as provided in this subsection (4).
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agency shallMUST be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health-care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content oftheperson'sbloodoranydrugcontentwithinhis THEPERSON S system.
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endangertheperson'slifeorhealth,thelawenforcementagencyshall MUST be allowed to test any blood, urine, or saliva which was obtained and not utilizedbyahealth-careproviderandshall MUST haveaccesstothatportion oftheanalysisandresultsof anytestsadministeredbysuchproviderwhich showsthealcoholordrugcontentof the person's blood oranydrugcontent within his THE PERSON S system.
Such test results shall not be considered privileged communications and the provisions of section 13-90-107 C.R.S., relating to the physician-patient privilege shallot apply.
Such test results shall ARE not be considered privileged communications and the provisions of section 13-90-107 C.R.S., relating to the physician-patient privilege shDOlnot apply.
Any person who is dead, in addition to the tests prescribed,shalllsohave hisTHE PERSON S blood checked for carbon monoxide content and for the presence of drugs,asprescribedbythedepartmentofpublichealthandenvironment.
Any person who is dead, in addition to the tests prescribed, shall MUST also have his THE PERSON 'S blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of PAGE 5-HOUSE BILL 26-1237 public health and environment.
Such information obtained shallUST be made a part of the accident CRASH report.
Such information obtained shallMUST be made a part of the accidentRASH report.
SECTION 9.
SECTION9.
In Colorado Revised Statutes, 18-3-205, amend (4)(e) as follows:
InColoradoRevisedStatutes,18-3-205,amend(4)(e) as follows:
(4) (e) Any person who is dead or unconscious shallMUST be testedtodeterminethealcoholordrugcontentofhis THEPERSON Sblood or any drug content of hisTHE PERSON S system as provided in this -7- 1237 subsection (4).
(4)(e) Anyperson who is dead or unconsciousshall MUST betested to determine the alcohol or drug content of hisE PERSON 'Sblood or any drug content of hisHE PERSON S systemas provided in this subsection (4).
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agency shallMUST be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health-care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content oftheperson'sbloodoranydrugcontentwithinhis THEPERSON S system.
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endangertheperson'slifeorhealth,thelawenforcementagencyshall MUST be allowed to test any blood, urine, or saliva which was obtained and not utilizedbyahealth-careproviderandshall MUST haveaccesstothatportion of theanalysisandresultsofanytestsadministeredbysuchproviderwhich shows the alcohol or drugcontentof theperson'sbloodoranydrugcontent within his THE PERSON S system.
SuchtestresultsshallRE notbeconsideredprivilegedcommunications, and the provisions of section 13-90-107 C.R.S., relating to the physician-patient privilege shallot apply.
Such test results shall ARE not be considered privileged communications, and the provisions of section 13-90-107 C.R.S., relating to the physician-patient privilege shDOlnot apply.
Any person who is dead, in additiontothetestsprescribed, shMUST also have hiTHE PERSON S blood checked for carbon monoxide content and for the presence of drugs,asprescribedbythedepartmentofpublichealthandenvironment.
Any person who is dead, in addition to the tests prescribed, shall MUST also have his THE PERSON S blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.
Such information obtained shallUST be made a part of the accident CRASH report.
Such information obtained shallMUST be made a part of the accidentRASH report.
SECTION10.
SECTION 10.
InColoradoRevisedStatutes,18-3.5-108,amend (5)(e) as follows:
In Colorado Revised Statutes, 18-3.5-108, amend (5)(e) as follows:
(5) (e) Any person who is dead or unconscious shallMUST be testedtodeterminethealcoholordrugcontentof hisorher THEPERSON S blood or anydrug content of his or her PERSON'Ssystem as provided in this subsection (5).
(5)(e) Anyperson who is dead or unconscious shallMUST betested to determine the alcohol or drug content of his or her PERSON S blood or any drug content of his or herHE PERSON 'S system as provided in this subsection (5).
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agencyshallMUST be allowed to test any blood, urine, or saliva that was -8- 1237 obtained and not utilized by a health-care provider aMUSThahave access to that portion of theanalysisandresultsof anytestsadministered by the provider that show the alcohol or drug content of the person's blood or any drug content within his or herPERSON'Ssystem.
If a test cannot be administered to a person who is unconscious,hospitalized,orundergoingmedicaltreatmentbecausethetest would endanger the person's life or health, the law enforcement agency shallMUST be allowed to test any blood, urine, or saliva that was obtained PAGE 6-HOUSE BILL 26-1237 andnotutilizedbyahealth-careproviderandshall MUST haveaccesstothat portion of the analysis and results of anytests administered bythe provider that show the alcohol or drug content of the person's blood or any drug content within his or herTHE PERSON S system.
Such test results shallnot be considered privileged communications, and the provisions of section 13-90-107 C.R.S., relating to the physician-patient privilege shallot apply.
Such test results shalARE notbeconsideredprivilegedcommunications,andtheprovisionsofsection 13-90-107 C.R.S., relating to the physician-patient privilege shaDO not apply.
Any person who is dead, in addition to the tests prescribed,MUSTlalso have his or heTHE PERSON'S blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.Anyinformation obtained shallUST be madeapartof the law enforcement officer's accidCRASH report.
Any person who is dead, in addition to the tests prescribed, shall MUST also have his or her THE PERSON S blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.
Any information obtained shallMUST be made a part of the law enforcement officer's accidenCRASH report.
(1) (a) A person commits obstructing a peace officer, firefighter, emergencymedicalserviceprovider,rescuespecialist,orvolunteerwhen, byusingorthreateningtouseviolence,force,physicalinterference,oran obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace bya peace officer, acting under color of his or her official authority;
(1) (a) A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority;
knowingly obstructs,impairs,orhinderstheprevention,control,orabatementoffire by a firefighter, acting under color of his or her official authority;
knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority;
knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official -9- 1237 authority;
knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority;
or knowinglyobstructs, impairs, or hinders the administration ofemergencycareoremergencyassistancebyavolunteer,actingingood faith to render such care or assistance without compensation at the place of an emergency or accident CRASH.
or knowinglyobstructs,impairs,orhinderstheadministration of emergencycareoremergencyassistancebyavolunteer,actingingoodfaith to render such care or assistance without compensation at the place of an emergency or accident OR CRASH .
(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threateningtouseanunmannedaircraftsystemasanobstacle,theoffense does not applyif the person who operates the unmanned aircraft system:
(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system:
(a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident CRASH ;
PAGE 7-HOUSE BILL 26-1237 (a) Obtainspermissiontooperatetheunmannedaircraftsystemfrom a law enforcement agency or other entity that is coordinating the response ofpeaceofficers,firefighters,emergencymedicalserviceproviders,rescue specialists, or volunteers to an emergency or accidentCRASH ;
SECTION12.
SECTION 12.
InColoradoRevisedStatutes,24-4.1-102,amend (4)(a)(II) as follows:
In Colorado Revised Statutes, 24-4.1-102, amend (4)(a)(II) as follows:
(II) An act in violation of section 42-4-1402 C.R.S.,sults in the death or bodily injury of another person or section 42-4-1601, C.R.S.,where the accideCRASH results in the death or bodily injury of another person.
(II) An act in violation of section 42-4-1402 C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident CRASH results in the death or bodily injury of another person.
SECTION13.
SECTION 13.
InColoradoRevisedStatutes,24-4.1-302,amend (1)(cc.6) as follows:
In Colorado Revised Statutes, 24-4.1-302, amend (1)(cc.6) as follows:
-10- 1237 (1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
(1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
(cc.6) Failure to stop at the scene of an accident CRASH , in violation of section 42-4-1601, where the accidentASH results in the death or serious bodily injury of another person;
(cc.6) Failure to stop at the scene of an accident A CRASH , in violation of section 42-4-1601, where the accident CRASH results in the death or serious bodily injury of another person;
(1) (b) Except as otherwise provided in section 40-10.1-108 (1), C.R.S.,theexecutivedirectorhas the dutytoestablish,formotorcarriers as defined in section 42-4-235, C.R.S., reasonable requirements to promote safety of operation and, to that end, to prescribe qualifications and maximum hours of service of employees and minimum standards of equipment and for the operation of commercial vehicles as defined in section 42-4-235.
PAGE 8-HOUSE BILL 26-1237 (1) (b) Except as otherwise provided in section 40-10.1-108 (1), C.R.S., theexecutivedirectorhasthedutytoestablish,formotorcarriersas defined in section 42-4-235, C.R.S., reasonable requirements to promote safety of operation and, to that end, to prescribe qualifications and maximum hours of service of employees and minimum standards of equipment and for the operation of commercial vehicles as defined in section 42-4-235.
C.R.S.
C.R.S .
For the purpose of carrying out the provisions of this section pertaining to safety, the executive director may enlist the assistance of any agency of the United States or of this state having special knowledge of any matter as may be necessary to promote the safety of operation and equipment of motor vehicles as provided in this section.Inadoptingsuchrules,theexecutivedirectorshalluseasgeneral guidelinesthestandardscontainedinthecurrentrulesoftheUnitedStates department of transportation relating to explosives and other dangerous articles, safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, recording and reporting of accidents CRASHES , hours of service of drivers, and inspection and maintenance of motor vehicles.
For the purpose of carrying out the provisions of this section pertaining to safety, the executive director may enlist the assistance of anyagencyof the United States or of this state having special knowledge of any matter as may be necessary to promote the safety of operation and equipment of motor vehicles as provided in this section.
The state patrol shall enforce or aid in enforcing all of -11- 1237 such rules.
In adopting such rules, the executive director shall use as general guidelines thestandardscontainedinthecurrentrulesof theUnitedStatesdepartment of transportation relating to explosives and other dangerous articles, safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories,recordingandreportingofaccidents CRASHES ,hoursofservice of drivers, and inspection and maintenance of motor vehicles.
The state patrol shall enforce or aid in enforcing all of such rules.
(1) Allofficersof theColoradostatepatrolhaveallthepowersof any peace officer to:
(1) All officers of the Colorado state patrol have all the powers of any peace officer to:
(e) InvestigatetrafficaccidentsES andmakereportsthereof tothechiefandmakesuchreportstothedepartmentoftransportationand department of revenue as these departments mayrequire, but the reports required to be made to the chief in this paragraph (e) shall (1)(e)RE not be public records and shARE for the confidential use of the Colorado state patrol;
(e) Investigate traffic accidentsRASHES and make reports thereof to the chief and make such reports to the department of transportation and department of revenue as these departments may require, but the reports required to be made to the chief in this paragraph (e) shall SUBSECTION (1)(e)ARE notbepublicrecordsandshallbe ARE fortheconfidentialuseof the Colorado state patrol;
SECTION 16.
SECTION16.
In Colorado Revised Statutes, 24-33.5-416.7, amend(1)(a),(1)(b),(2)(b),(3)(a),(3)(b)introductoryportion,(3)(b)(I), (3)(c), (3)(e)(II), (4) introductory portion, and (4)(a) as follows:
InColoradoRevisedStatutes,24-33.5-416.7,amend (1)(a), (1)(b), (2)(b), (3)(a), (3)(b) introductory portion, (3)(b)(I), (3)(c), (3)(e)(II), (4) introductory portion, and (4)(a) as follows:
(1) The general assembly hereby finds that:
PAGE 9-HOUSE BILL 26-1237 (1) The general assembly hereby finds that:
(a) A person who kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene poses a serious and imminent threat to the safety of the public;
(a) A person who kills or inflicts a serious bodily injury upon a person during a motor vehicle accident CRASH and flees the scene poses a serious and imminent threat to the safety of the public;
(b) When a person kills or inflicts a serious bodily injury upon a person during a motor vehicle accidentH and flees the scene, the first few hours after the act are critically important to apprehending the person;
(b) When a person kills or inflicts a serious bodily injury upon a person during a motor vehicle accident CRASH and flees the scene, the first few hours after the act are criticallyimportant to apprehending the person;
(b) "Hit-and-run accidentASH " means an incident when the -12- 1237 driver of a vehicle involved in an acciA CRASH fails to stop at the scene of the accidentASH as required by section 42-4-1601.
(b) "Hit-and-runaccident CRASH "meansanincidentwhenthedriver of avehicleinvolvedinanaccident ACRASH failstostopat the sceneof the accident CRASH as required by section 42-4-1601.
(3) (a) To facilitate the immediate apprehension of persons who kill or cause serious bodilyinjuryto another person during a hit-and-run accident CRASH , there is created the Medina alert program to be implemented bythe bureau on and after January1, 2015.
(3)(a) Tofacilitatetheimmediateapprehensionof personswhokill or cause serious bodily injury to another person during a hit-and-run accident CRASH , there is created the Medina alert program to be implemented bythe bureau on and after January1, 2015.
The program is acoordinatedeffortamongthebureau,lawenforcementagencies,andthe state's public and commercial television and radio broadcasters.
The program is a coordinated effort among the bureau, law enforcement agencies, and the state's public and commercial television and radio broadcasters.
(b) Using procedures established byrules promulgatedTED pursuant to subsection (4) of this section, a law enforcement agencymay notify the bureau after verifying that:
(b) Using procedures established by rules promulgated ADOPTED pursuant to subsection (4) of this section, a law enforcement agency may notify the bureau after verifying that:
(I) A person has been killed or has suffered serious bodily injury during a hit-and-run accidentASH ;
(I) A person has been killed or has suffered serious bodily injury during a hit-and-run accident CRASH ;
and (c) Upon receipt of a notice from a law enforcement agency that a person has been killed or has suffered serious bodily injury during a hit-and-run accident CRASH and there is additional information concerning the suspect or the suspect's vehicle, the bureau, using procedures established by rules promulgated ADOPTED pursuant to subsection (4) of this section, shall confirm the accuracy of the information and issue a Medina alert.
and (c) Upon receipt of a notice from a law enforcement agency that a person has been killed or has suffered serious bodily injury during a hit-and-run accident CRASH and there is additional information concerning thesuspectorthesuspect'svehicle,thebureau,usingproceduresestablished by rules promulgated ADOPTED pursuant to subsection (4) of this section, shall confirm the accuracy of the information and issue a Medina alert.
(II) Astatementinstructinganyonewithinformationrelatedtothe hit-and-run accidentCRASH to contact his or herTHEIR local law enforcement agency;
PAGE 10-HOUSE BILL 26-1237 (II) A statement instructing anyone with information related to the hit-and-run accident CRASH to contact his or her THEIR local law enforcement agency;
and (4) On or before January 1, 2015, the executive director of the department of public safety shall promulgateT rules in accordance withthe"StateAdministrativeProcedureAct",article4ofthistitleITLE -13- 1237 24, for the implementation of the program.
and (4) On or before January 1, 2015, the executive director of the department of public safety shall promulgate ADOPT rules in accordance with the "State Administrative Procedure Act", article 4 of this titleTLE 24,fortheimplementationoftheprogram.Therulesshall MUST includebut need not be limited to:
The rulMUSThinclude but need not be limited to:
(a) Procedures for a law enforcement agency to use to notify the bureau that a person has been killed or has suffered serious bodily injury during a hit-and-run accident CRASH and there is additional information concerning the suspect or the suspect's vehicle;
(a) Procedures for a law enforcement agency to use to notify the bureau that a person has been killed or has suffered serious bodilyinjury during a hit-and-run accidentSH and there is additional information concerning the suspect or the suspect's vehicle;
(2) To be included in the study, the division or contractor must have data for each of the two-year periods described in subsection (1) of this section.
(2) Tobeincludedinthestudy,thedivisionorcontractormusthave data for each of the two-year periods described in subsection (1) of this section.
(d) Traffic accidentsRASHES, including fatalities and serious injuries related to being under the influence of marijuana;
(d) Traffic accidents CRASHES , including fatalities and serious injuries related to being under the influence of marijuana;
SECTION18.
SECTION 18.
In Colorado RevisedStatutes,24-72-113,amend (2)(a) as follows:
In Colorado Revised Statutes, 24-72-113, amend (2)(a) as follows:
(2) (a) The custodian, as defined in section 24-72-202, may only accessapassivesurveillancerecordbeyondthefirstanniversaryafterthe date of the creation of the passive surveillance record, and up to the third anniversary after the date of the creation of the passive surveillance record, if there has been a notice of claim filed, or an accident, or other specific incident that may cause the passive surveillance record to become evidence in anycivil,labor,administrative,orfelonycriminal proceeding, in which case the passive surveillance record may be retained.Thecustodianshallpreservearecordofthereasonforwhichthe -14- 1237 passivesurveillancerecordwasaccessedandthepersonwhoaccessedthe passivesurveillancerecordbeyondthefirstanniversaryafteritscreation.
(2) (a) The custodian, as defined in section 24-72-202, may only access a passive surveillance record beyond the first anniversary after the date of the creation of the passive surveillance record, and up to the third anniversaryafterthedateof thecreationof thepassivesurveillancerecord, if there has been a notice of claim filed, or an accident,CRASH , or other specific incident that may cause the passive surveillance record to become evidence in anycivil, labor, administrative, or felonycriminal proceeding, PAGE 11-HOUSE BILL 26-1237 in which case the passive surveillance record may be retained.
The custodian shall preserve a record of the reason for which the passive surveillance record was accessed and the person who accessed the passive surveillance record beyond the first anniversary after its creation.
SECTION 19.
SECTION19.
In Colorado Revised Statutes, 24-33.5-1505, amend (2)(b) as follows:
InColoradoRevisedStatutes,24-33.5-1505,amend (2)(b) as follows:
(2) (b) Notwithstanding paragraph (a) of this subsection (2) SUBSECTION (2)(a)OFTHISSECTION, aplaintiff maysueand recover civil damages from a person or entity specified in said paragraph (a) SUBSECTION (2)(a)OF THIS SECTION based upon a negligent act or omission involving the operation of a motor vehicle;
(2) (b) Notwithstanding paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION , a plaintiff may sue and recover civil damagesfromapersonorentityspecifiedinsaidparagraph(a) SUBSECTION (2)(a)OFTHISSECTION baseduponanegligentactoromissioninvolvingthe operation of a motor vehicle;
except that the amount recovered from such person or entity shallnot exceed the limits of applicable insurance coverage maintained by or on behalf of such person or entity with respect to the negligent operation of a motor vehicle in such circumstances.
except that the amount recovered from such person or entity shall MUST not exceed the limits of applicable insurance coverage maintained by or on behalf of such person or entity with respect to the negligent operation of a motor vehicle in such circumstances.
However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident .
However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident CRASH .
SECTION20.
SECTION 20.
In Colorado RevisedStatutes,25-15-203,amend (1)(b)(III) as follows:
In Colorado Revised Statutes, 25-15-203, amend (1)(b)(III) as follows:
(1) The board of countycommissioners or the governing bodyof the municipality, as the case may be, may approve an application for a certificate of designation only upon a finding of all of the following factors:
(1) Theboardofcountycommissionersorthegoverningbodyofthe municipality, as the case may be, may approve an application for a certificateofdesignationonlyuponafindingofallofthefollowingfactors:
-15- 1237 (b) Thesitewouldnotposeasignificantthreattothesafetyof the public, taking into consideration:
(b) The site would not pose a significant threat to the safety of the public, taking into consideration:
(III) The risk of accidentsRASHES during the transportation of waste to or at the site.
(III) The risk of accidentsOR CRASHES during the transportation of waste to or at the site.
SECTION21.
PAGE 12-HOUSE BILL 26-1237 SECTION 21.
In Colorado RevisedStatutes,25-15-505,amend (1)(a)(III) as follows:
In Colorado Revised Statutes, 25-15-505, amend (1)(a)(III) as follows:
(1) A governing body having jurisdiction shall approve or disapprove an application for a hazardous waste incinerator or processor site certificate of designation within one hundred eighty days after receivingsuchapplication.Suchgoverningbodyhavingjurisdictionmay approve an application for a certificate of designation upon a finding of all of the following factors:
(1) A governing body having jurisdiction shall approve or disapprove an application for a hazardous waste incinerator or processor sitecertificateofdesignationwithinonehundredeightydaysafterreceiving suchapplication.Suchgoverningbodyhavingjurisdictionmayapprovean application for a certificate of designation upon a finding of all of the following factors:
(a) That the proposed hazardous waste incinerator or processor sitewouldnotposeasignificantthreattothehealthorsafetyofthepublic or the environment, taking into consideration:
(a) That the proposed hazardous waste incinerator or processor site wouldnotposeasignificantthreattothehealthorsafetyofthepublicorthe environment, taking into consideration:
(III) The risk of accidentsR CRASHES occurring during the transportation of waste to or at the proposed site;
(III) The risk of accidents OR CRASHES occurring during the transportation of waste to or at the proposed site;
(1) (a) The coroner shall perform a forensic autopsy or have a forensic autopsy performed in accordance with the circumstances in the most recent version of the "forensic autopsy performance standards" adoptedbythenationalassociationofmedicalexaminers,whenthedeath is apparently nonnatural and occurs in a facility or during services -16- 1237 regulatedbythedepartmentof humanservices,andwhenthedeathisthe result of an automobile accidentH and a hospital physician has not documented the extent of the injuries.
(1) (a) The coroner shall perform a forensic autopsy or have a forensic autopsy performed in accordance with the circumstances in the most recent version of the "forensic autopsy performance standards" adopted by the national association of medical examiners, when the death isapparentlynonnaturalandoccursinafacilityorduringservicesregulated bythedepartmentof human services, and when the death is the result of an automobileaccident CRASH andahospitalphysicianhasnotdocumentedthe extent of the injuries.
SECTION23.
SECTION 23.
In Colorado RevisedStatutes,32-1-1002,amend (1)(e)(I)(B) as follows:
In Colorado Revised Statutes, 32-1-1002, amend (1)(e)(I)(B) as follows:
(1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:
PAGE 13-HOUSE BILL 26-1237 (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:
(e) In addition to all other feesandchargesallowedbythisarticle 1, to fix and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:
(e) In addition to all other fees and charges allowed by this article 1, to fix and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:
(I) Forambulanceoremergencymedicalservicesandextrication, rescue, or safety services provided in furtherance of ambulance or emergency medical services.
(I) For ambulance or emergency medical services and extrication, rescue, or safety services provided in furtherance of ambulance or emergency medical services.
(B) Rescueorextricationoftrappedorinjuredpartiesatthescene of a motor vehicle accidentSH;
(B) Rescue or extrication of trapped or injured parties at the scene of a motor vehicle accident CRASH ;
and SECTION24.
and SECTION 24.
In Colorado RevisedStatutes,33-11-113,amend (5)(a)(II) as follows:
In Colorado Revised Statutes, 33-11-113, amend (5)(a)(II) as follows:
Volunteer activities - qualified immunity - grant agreements for land stewardship activities - terms - insurance coverage - legislative declaration - scope of section.
Volunteer activities - qualified immunity - grant agreementsforlandstewardshipactivities-terms-insurancecoverage - legislative declaration - scope of section.
(5) (a) (II) Notwithstanding subsection (2)(a) or (2)(b) of this section, a plaintiff may sue and recover civil damages from a volunteer -17- 1237 baseduponanegligentactoromissioninvolvingtheoperationofamotor vehicle during a land stewardship activity;
(5) (a) (II) Notwithstanding subsection (2)(a) or (2)(b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicleduringalandstewardshipactivity;exceptthattheamountrecovered fromthevolunteershall MUST notexceedthelimitsofapplicableinsurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
except that the amount recovered from the volunteer shallUST not exceed the limits of applicableinsurancecoveragemaintainedbyoronbehalfofthevolunteer with respect to the negligent operation of a motor vehicle in such circumstances.
Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accidentRASH .
Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident CRASH .
(7) Any person who is dead or unconscious shall be tested to determine the alcoholic content of the person's blood as provided in subsection(4)ofthissection.Inadditiontothetestsprescribed,theblood ofadeadpersonshall MUST becheckedforcarbonmonoxidecontentand forthepresenceofdrugs,asprescribedbythedepartmentofpublichealth and environment.
PAGE 14-HOUSE BILL 26-1237 (7) Anyperson who is dead or unconscious shall MUST be tested to determine the alcoholic content of the person's blood as provided in subsection (4) of this section.
All information obtained will be made a part of the accidentINCIDENT report.
In addition to the tests prescribed, the blood of a dead person shallMUST be checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.
(11) When a peace officer has reasonable grounds to believe that apersonisoperating a vessel while under the influence of alcoholorthat the operator has been involved in a boating accidentT resulting in injury or death, the peace officer may request the operator to provide asampleoftheoperator'sbreathforapreliminaryscreeningtest.Thetest shallMUST be given using adeviceapprovedbythe executive director of the department of public health and environment as being accurate to -18- 1237 within ten percent of the actual reading obtained by the officer upon administering the test.
All information obtained will be made a part of the accident INCIDENT report.
The results of this preliminaryscreening test may beusedforthepurposeofdecidingwhetheranarrestshouldbemadeand whether to administer a test pursuant to paragraph (b) of subsection (4) SUBSECTION (4)(b) of thissectionbutsMUST notbeusedinanycourt action excepttoprovethatatestwasproperlyauthorizedpursuant to this section.
(11) When a peace officer has reasonable grounds to believe that a person is operating a vessel while under the influence of alcohol or that the operator has been involved in a boating accident INCIDENT resulting in injury or death, the peace officer may request the operator to provide a sample of the operator's breath for a preliminary screening test.
The results of the test shallbe made available to the operator or the operator's attorney upon request.
The test shallMUST be given using a device approved by the executive director of thedepartmentofpublichealthandenvironmentasbeingaccuratetowithin tenpercentoftheactualreadingobtainedbytheofficeruponadministering the test.
The preliminary screening test shaDOES not constitute the test for the purposes of subsection (4) of this section.
The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to administer a test pursuant to paragraph (b) of subsection (4)SUBSECTION (4)(b) of this section but shaMUST not be used in any court action except to prove that a test was properly authorized pursuant to this section.
SECTION26.
The results of the test shallMUST be made available to the operator or the operator'sattorneyupon request.
In Colorado RevisedStatutes,33-14-115,amend (1), (2), and (3) as follows:
The preliminaryscreeningtestshall DOES not constitute the test for the purposes of subsection (4) of this section.
SECTION 26.
In Colorado Revised Statutes, 33-14-115, amend (1), (2), and (3) as follows:
(1) The operator of a snowmobile involved in an accident CRASH resultinginpropertydamageoffifteenhundreddollarsormoreor injuriesresultinginhospitalizationordeath,orsomepersonactingforthe operator, or the owner of the snowmobile having knowledge of the accidentORCRASH shallimmediately, bythequickestavailablemeansof communication,notifyanofficeroftheColoradostatepatrol,thesheriff's office of the county wherein the accidentRASH occurred, or the office of the police department of the municipality wherein the accident OR CRASH occurred.
(1) Theoperatorofasnowmobileinvolvedinanaccident ORCRASH resulting in property damage of fifteen hundred dollars or more or injuries resultinginhospitalizationordeath,orsomepersonactingfortheoperator, or the owner of the snowmobile having knowledge of the accident OR CRASH shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff's office of the countywherein the accident OR CRASH occurred, or the office ofthepolicedepartmentofthemunicipalitywhereintheaccident ORCRASH occurred.
(2) AnylawenforcementagencyreceivingareportofaccidentR CRASH under this section shall forward a copy thereof to the division which shall compile statistics annually based upon such reports.
PAGE 15-HOUSE BILL 26-1237 (2) Any law enforcement agency receiving a report of accidentOR CRASH underthissectionshallforwardacopythereof tothedivisionwhich shall compile statistics annually based upon such reports.
(3) Withinforty-eighthoursafteranaccidentRASH involving a snowmobile, theWNER OFTHE VEHICLE ORSOMEONE ACTINGFORTHE -19- 1237 OWNER SHALL REPORT THE accident shall be repoOR CRASH to the Denver office of the division.
(3) Within forty-eight hours after an accident CRASH involving a snowmobile, the OWNER OF THE VEHICLE OR SOMEONE ACTING FOR THE OWNER SHALL REPORT THE accident shall be reported OR CRASH to the Denver office of the division.
The report shall made on forms furnished by the division.
The report shallUST be made on forms furnished bythe division.
and shall be made by the owner of the vehicle or someone acting for him.
and shall be made bythe owner of the vehicle or someone acting for him.
(1) The operator of an off-highway vehicle involved in an accidentOR CRASH resulting in property damage of fifteen hundred dollars or more or injuries resulting in hospitalization or death, or some person acting for the operator, or the owner of the off-highway vehicle having knowledge of the accident CRASH shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff's office of the county wherein the accidentORCRASH occurred,ortheofficeof thepolicedepartmentof the municipality wherein the accidentRASH occurred.
(1) The operator of an off-highwayvehicle involved in an accident OR CRASH resulting in property damage of fifteen hundred dollars or more or injuries resulting in hospitalization or death, or some person acting for the operator, or the owner of the off-highwayvehicle having knowledge of the accidentOR CRASH shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff'sofficeofthecountywhereintheaccident ORCRASH occurred,orthe officeof thepolicedepartmentof themunicipalitywhereintheaccident OR CRASH occurred.
(2) AnylawenforcementagencyreceivingareportofaccidentR CRASH under this section shall forward a copy thereof to the division, which shall compile statistics annually based upon such reports.
(2) Any law enforcement agency receiving a report of accidentOR CRASH underthissectionshallforwardacopythereoftothedivision,which shall compile statistics annually based upon such reports.
(3) Withinforty-eighthoursafteranaccidentRASH involving an off-highway vehicle, theER OR OPERATOR OF THE VEHICLE OR SOMEONE ACTING FOR THE OWNER OR OPERATOR SHALL REPORT THE accident shall be reportedRASH to the Denver office of the division.
(3) Within forty-eight hours after an accident CRASH involving an off-highway vehicle, the OWNER OR OPERATOR OF THE VEHICLE OR SOMEONE ACTING FOR THE OWNER OR OPERATOR SHALL REPORT THE accident shall be reporteOR CRASH to the Denver office of the division.
The report shallST be made on forms furnished by the division.
Thereportshall MUST bemadeonformsfurnishedbythedivision.andshall be made by the owner or operator of the vehicle or someone acting for the owner or operator.
and shall be made by the owner or operator of the vehicle or someone acting for the owner or operator.
In Colorado Revised Statutes, 40-10.1-108, -20- 1237 amend (2) as follows:
In Colorado Revised Statutes, 40-10.1-108, amend (2) as follows:
40-10.1-108.
PAGE 16-HOUSE BILL 26-1237 40-10.1-108.
In adopting such rules, the commission shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations,qualificationsofdrivers,drivingofmotorvehicles,partsand accessories,recordingandreportingof accidentsDCRASHES , hoursof service of drivers, and inspection and maintenance of motor vehicles.
In adopting such rules, the commission shall use as general guidelines the standardscontainedinthecurrentrulesandregulationsoftheUnitedStates departmentoftransportationrelatingtosafetyregulations,qualificationsof drivers, driving of motor vehicles, parts and accessories, recording and reporting of accidents AND CRASHES , hours of service of drivers, and inspection and maintenance of motor vehicles.
Operating an aircraft under the influence - operatinganaircraftwithexcessivealcoholcontent-tests-penalties - useful public service program - definition.
Operating an aircraft undertheinfluence- operating an aircraft with excessive alcohol content - tests - penalties - useful public service program - definition.
(6) (c) Any person who is dead or unconscious shallST be testedtodeterminethealcoholordrugcontentof hisTHEPERSON 'Sblood or any drug content within his PERSON S system as provided in this subsection (6).
(6)(c) Anyperson who is dead orunconsciousshall MUST betested to determine the alcohol or drug content of hisE PERSON S blood or any drugcontentwithinhis THEPERSON S systemas provided in thissubsection (6).
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger such person's life or health, the law enforcement agency shallUST be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health-care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content -21- 1237 of the person's blood, urine, or saliva or any drug conteTHEwithin his PERSON Ssystem.SuchtestresultsshaARE notbeconsideredprivileged communications,andtheprovisionsofsection13-90-107C.R.S.,lating to the physician-patient privilege shallapply.
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger such person's life or health, the law enforcement agency shall MUST be allowed to test anyblood, urine, or saliva which was obtained and not utilized by a health-care provider and shallUST have access to that portionoftheanalysisandresultsofanytestsadministeredbysuchprovider which shows the alcohol or drug content of the person's blood, urine, or salivaoranydrugcontentwithinhis THEPERSON 'Ssystem.Suchtestresults shallARE notbeconsideredprivilegedcommunications,andtheprovisions ofsection13-90-107C.R.S., relatingtothephysician-patientprivilegeshall DO not apply.
Any person who is dead, in addition to the tests prescribed, shallo have hiTHE PERSON S blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.SuchinformationobtainedshaMUST bemadeapartofthe accidentCRASH report.
Any person who is dead, in addition to the tests prescribed, shallMUST alsohavehis THEPERSON S bloodcheckedforcarbonmonoxide content and for the presence of drugs, as prescribed by the department of public health and environment.
Such information obtained shall MUST be made a part of the accidentCRASH report.
In Colorado Revised Statutes, 42-1-102, add (20.5) as follows:
InColoradoRevisedStatutes,42-1-102,add(20.5) PAGE 17-HOUSE BILL 26-1237 as follows:
As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
Asusedinarticles1to4ofthistitle42,unlessthecontextotherwise requires:
(20.5) "CASH" MEANSATRAFFIC ,TRANSPORTATION ORVEHICLE COLLISION OR INCIDENT OCCURRING ON PUBLIC OR PRIVATE PROPERTY IN THE STATE , INCLUDING EVENTS INVOLVING MOTOR VEHICLES , VULNERABLE ROAD USERS AS DEFINED IN SECTION42-4-1402.5 (1)OR OTHER TRANSPORTATION DEVICES .
(20.5) "CRASH " MEANS A TRAFFIC ,TRANSPORTATION ,OR VEHICLE COLLISIONORINCIDENTOCCURRINGONPUBLICORPRIVATEPROPERTYINTHE STATE ,INCLUDINGEVENTSINVOLVINGMOTORVEHICLES VULNERABLEROAD USERSASDEFINEDINSECTION 42-4-1402.5(1), OROTHERTRANSPORTATION DEVICES .
(2) (a) Except as provided in subsection (6) of this section, upon written application and the payment of a fee per copy, or a record search for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accidentSH report -22- 1237 specifically made a public record by this title and shall, if requested, certify the same.
(2) (a) Except as provided in subsection (6) of this section, upon writtenapplicationandthepaymentofafeepercopy,orarecordsearchfor each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident CRASH report specificallymadeapublicrecordbythistitleand shall,if requested,certify the same.
The department shall set the fee in accordance with section 42-2-114.5.
The department shall set the fee in accordance with section 42-2-114.5.Thedepartmentshalltransferthefeetothestatetreasurer,who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
SECTION 32.
SECTION32.
In Colorado Revised Statutes, amend 42-1-208 as follows:
InColoradoRevisedStatutes,amend42-1-208as follows:
The department shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually, or at more frequent intervals, statistical information based thereon as to the number, cause, and location of highway accidents CRASHES .
The department shall receive accidentRASH reports required to be made by law and shall tabulate and analyze such reports and publish annually,oratmorefrequentintervals,statisticalinformationbasedthereon as to the number, cause, and location of highway accidentsRASHES .
The statistical informatiMUSThabe issued in accordance with the provisions of section 24-1-136.
The statistical information shallMUST be issued in accordance with the provisions of section 24-1-136.
SECTION33.
PAGE 18-HOUSE BILL 26-1237 SECTION 33.
InColoradoRevisedStatutes,amend42-1-216as follows:
In Colorado Revised Statutes, amend 42-1-216 as follows:
The department is empowered to destroy or otherwise dispose of all obsolete motor and other vehicle records, number plates, and badges afterthesamehavebeeninitspossessionfortwelvecalendarmonths;but allrecordsofaccidentsASHES mustbepreservedbythedepartmentfor a period of six years.
The department is empowered to destroyor otherwise dispose of all obsolete motor and other vehicle records, number plates, and badges after the same have been in its possession for twelve calendar months;
but all records of accidents CRASHES must be preserved by the department for a period of six years.
(3) (b) If a fatal motor vehicle accidentnvolving one or -23- 1237 morelicenseddrivers or minor driversoccurs,thedepartment,if deemed appropriate, shall mail a written notice to all such drivers involved in the accidentCRASH requiring such drivers to submit to examination.
(3) (b) If a fatal motor vehicle accident CRASH involving one or more licensed drivers or minor drivers occurs, the department, if deemed appropriate, shall mail a written notice to all such drivers involved in the accident CRASH requiring such drivers to submit to examination.
If the department has not mailed a written notice to any driver involved in a fatal accidentASH within ninety days after the department receives noticeregardingsuchaccidentRASH ,thedepartmentshallnotrequirean examination of such driver based upon such accidentH .
If the department has not mailed a written notice to anydriver involved in a fatal accident CRASH within ninety days after the department receives notice regarding such accident CRASH , the department shall not require an examination of such driver based upon such accident CRASH .
(2) (a) The department shall also file all accidenteports, abstracts of court records of convictions received by it under the laws of this state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith, maintain a driver's history by making suitable notations in order that an individual record of each licensee showing the convictions of such licensee, the departmental actions, and the traffic accidentsRASHES inwhichthelicenseehasbeeninvolved,exceptthose accidentsCRASHES not resulting in a conviction and those traffic violations which occur outside of the boundaries of this state, shall readilyascertainableandavailablefortheconsiderationofthedepartment upon any application for renewal of license and at other suitable times.
(2) (a) The department shall also file all accident CRASH reports, abstractsofcourtrecordsofconvictionsreceivedbyitunderthelawsofthis state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith, maintain a driver's history by making suitable notations in order that an individual record of each licensee showing the convictions of such licensee, the departmental actions, and the traffic accidents CRASHES in which the licensee has been involved, except those PAGE 19-HOUSE BILL 26-1237 accidents CRASHES notresultinginaconvictionandthosetrafficviolations which occur outside of the boundaries of this state, shall be readily ascertainableandavailablefortheconsiderationofthedepartmentuponany application for renewal of license and at other suitable times.
(c) (I) The following records and documents filed with, maintained by, or prepared by the department are official records and documents of the state of Colorado:
(c) (I) The following records and documents filed with, maintained by,orpreparedbythedepartmentareofficialrecordsanddocumentsof the state of Colorado:
(A) Accident CRASH reports;
(A) Accident C RASH reports;
-24- 1237 SECTION36.
SECTION 36.
InColoradoRevisedStatutes,42-2-121.5,amend (3) as follows:
In Colorado Revised Statutes, 42-2-121.5, amend (3) as follows:
(3) An officer of a law enforcement or public safety agency who isauthorizedtoaccessthedriver'slicensedatabasemayobtainaperson's emergencycontact information fromthe databaseif the person is injured or killed as a result of an accident,SH , criminal act, or other emergency situation.
(3) An officer of a law enforcement or public safety agency who is authorized to access the driver's license database may obtain a person's emergencycontactinformationfromthedatabaseifthepersonisinjuredor killed as a result of an accident,RASH , criminal act, or other emergency situation.
(1) Thedepartmentshallimmediatelyrevokethelicenseorpermit of any driver or minor driver upon receiving a record showing that the driver has:
(1) The department shall immediately revoke the license or permit of any driver or minor driver upon receiving a record showing that the driver has:
(l) Been found to have knowingly and willfully left the scene of anaccidentACRASH involvingacommercialmotorvehicledrivenbythe person;
(l) Been found to have knowingly and willfully left the scene of an accident A CRASH involving a commercial motor vehicle driven by the person;
42-2-127.
PAGE 20-HOUSE BILL 26-1237 42-2-127.
Authority to suspend license - to deny license - type of conviction - points.
Authority tosuspendlicense-todeny license-typeof conviction - points.
(1) (a) Except as provided in paragraph (b) of subsection (8) SUBSECTION (8)(b) of this section, the department has the authority to -25- 1237 suspend the license of any driver who, in accordance with the schedule of points set forth in this section, has been convicted of traffic violations resulting in the accumulation of twelve points or more within anytwelve consecutive months or eighteen points or more within any twenty-four consecutivemonths,or,inthecaseofaminordrivereighteenyearsofage or older, who has accumulated nine points or more within any twelve consecutive months, or twelve points or more within any twenty-four consecutive months, or fourteen points or more for violations occurring after reaching the age of eighteen years, or, in the case of a minor driver under the age of eighteen years, who has accumulated more than five points within anytwelve consecutive months or more than six points for violations occurring prior to reaching the age of eighteen years;
(1) (a) Except as provided in paragraph (b) of subsection (8) SUBSECTION (8)(b) of this section, the department has the authority to suspend the license of any driver who, in accordance with the schedule of points set forth in this section, has been convicted of traffic violations resulting in the accumulation of twelve points or more within any twelve consecutive months or eighteen points or more within any twenty-four consecutive months, or, in the case of a minor driver eighteen years of age or older, who has accumulated nine points or more within any twelve consecutive months, or twelve points or more within any twenty-four consecutive months, or fourteen points or more for violations occurring after reaching the age of eighteen years, or, in the case of a minor driver undertheageofeighteenyears,whohasaccumulatedmorethanfivepoints withinanytwelveconsecutivemonthsormorethansixpointsforviolations occurring prior to reaching the age of eighteen years;
except that the accumulation of points causing the subjection to suspension of the license of a chauffeur who, in the course of employment, has as a principal duty the operation of a motor vehicle shall be points inoneyear,twenty-fourpointsintwoyears,ortwenty-eightpointsinfour years, if all the points are accumulated while said chauffeur is in the course of employment.
except that the accumulation of points causing the subjection to suspension of the license ofachauffeurwho,inthecourseofemployment,hasasaprincipaldutythe operation of a motor vehicle shall be IS sixteen points in one year, twenty-four points in two years, or twenty-eight points in four years, if all the points are accumulated while said chauffeur is in the course of employment.Anyprovisionofthissectiontothecontrarynotwithstanding, the license of a chauffeur who is convicted of DUI, DUI per se, DWAI, UDD,orleavingthesceneofanaccidentshall ACRASH MUST besuspended in the same manner as if the offense occurred outside the course of employment.
Any provision of this section to the contrary notwithstanding,thelicenseofachauffeurwhoisconvictedofDUI,DUI per se, DWAI, UDD, or leaving the scene of an accident shallH MUST besuspendedinthesamemannerasiftheoffenseoccurredoutside the course of employment.
Whenever a minor driver under the age of eighteen years receives a summons for a traffic violation, the minor's parent or legal guardian or, if the minor is without parents or guardian, the person who signed the minor driver's application for a license shallT immediately be notified by the court from which the summons was issued.
Whenever a minor driver under the age of eighteen years receives a summons for a traffic violation, the minor's parent or legal guardian or, if the minor is without parents or guardian, the person who signed the minor driver's application for a license shall MUST immediatelybenotified bythecourtfromwhichthesummonswas issued.
(5) Point system schedule:
-26- 1237 (5) Point system schedule:
Type of conviction Points (a) Leaving scene of accident CRASH ....................
Type of conviction Points (a) Leaving scene of accidentASH ....................
12 SECTION 39.
12 SECTION39.
In Colorado Revised Statutes, 42-2-127.1, amend (3) as follows:
InColoradoRevisedStatutes,42-2-127.1,amend (3) as follows:
PAGE 21-HOUSE BILL 26-1237 42-2-127.1.
42-2-127.1.
(3) To obtain approval of a driving improvement course, a commercial driving school must apply to the department in the manner specifiedinrulespromulgatedundersubsection(2)(a)ofthissectionand mustdemonstratethatthedrivingimprovementcourseprovideseducation inthetrafficlawsofthisstate,recognitionofhazardoustrafficsituations, and traffic accidentSH prevention.
(3) To obtain approval of a driving improvement course, a commercial driving school must apply to the department in the manner specified in rules promulgated under subsection (2)(a) of this section and must demonstrate that the driving improvement course provides education in the traffic laws of this state, recognition of hazardous traffic situations, and traffic accidentCRASH prevention.
SECTION40.
SECTION 40.
InColoradoRevisedStatutes,42-2-127.9,amend (1)(a) and (7)(c)(I) as follows:
In Colorado Revised Statutes, 42-2-127.9, amend (1)(a) and (7)(c)(I) as follows:
Authority tosuspenddriver'slicense- leaving the scene of a crash.
Authority to suspend driver's license - leaving the scene of a crash.
(1) (a) The department may suspend the driver's license of any person upon the department's determination that there is proof by a preponderanceof the evidence that thepersonwasthedriverof avehicle directlyinvolvedinanaccidentCRASH resultinginseriousbodilyinjury toordeathof anypersonandfailedtoimmediatelystopthevehicleatthe scene of the accidentRASH , or as close to the scene as possible, or immediately return to the scene of the accident , as required by section 42-4-1601.
(1) (a) The department may suspend the driver's license of any person upon the department's determination that there is proof by a preponderance of the evidence that the person was the driver of a vehicle directly involved in an accidentA CRASH resulting in serious bodily injury to or death of any person and failed to immediately stop the vehicle at the scene of the accident CRASH , or as close to the scene as possible, or immediately return to the scene of the accident CRASH , as required by section 42-4-1601.
(7) (c) (I) When a license is suspended under subsection (1)(a) of this section, the sole issue at the hearing shall be based on a -27- 1237 preponderance of the evidence, the person was the driver of a vehicle directlyinvolvedinanaccidentRASH resultinginseriousbodilyinjury toordeathof anypersonandfailedtoimmediatelystopthevehicleatthe scene of the accidentASH , or as close to the scene as possible, or immediately return to the scene of the accident as required by section42-4-1601.Ifthepresidinghearingofficerfindsintheaffirmative on that issue, the suspension order shall be sustained and the presiding hearing officer shall then consider whether or not to issue a probationarylicense in accordance with subsection (9) of this section.
(7) (c) (I) When a license is suspended under subsection (1)(a) of this section, the sole issue at the hearing shall beSwhether, based on a preponderance of the evidence, the person was the driver of a vehicle directly involved in an accidentA CRASH resulting in serious bodily injury to or death of any person and failed to immediately stop the vehicle at the scene of the accident CRASH , or as close to the scene as possible, or immediatelyreturntothesceneoftheaccident CRASH asrequiredbysection 42-4-1601.
If the presiding hearing officer finds in the negative on that issue, the suspension order shallT be rescinded.
If the presiding hearing officer finds in the affirmative on that issue, the suspension order shall MUST be sustained and the presiding hearing officer shall then consider whether or not to issue a probationary license in accordance with subsection (9) of this section.
SECTION 41.
If the presiding hearingofficerfindsinthenegativeonthatissue,thesuspensionordershall MUST be rescinded.
In Colorado Revised Statutes, 42-2-138, amend (3) as follows:
SECTION41.
InColoradoRevisedStatutes,42-2-138,amend(3) PAGE 22-HOUSE BILL 26-1237 as follows:
(3) The department, upon receiving a record of conviction or accidentCRASH report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained.Ifitappearsthatsaidoffensewascommittedwhilethelicense or operating privilege of such person was restrained for a reason other thananoutstandingjudgment,exceptaspermittedbysection42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notifythe district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section.
(3) The department, upon receiving a record of conviction or accident CRASH report of any person for an offense committed while operating a motor vehicle, shall immediatelyexamine its files to determine if the license or operating privilege of such person has been restrained.
-28- 1237 SECTION 42.
If it appears that said offense was committed while the license or operating privilege of such person was restrained for a reason other than an outstanding judgment, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant anydriving privileges for anadditionalperiodof one yearafterthedatesuchpersonwouldotherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notifythe district attorneyin the countywhere such violation occurred and request prosecution of such person under subsection (1) of this section.
SECTION 42.
Habitual offenders - frequency and type of violations.
Habitualoffenders-frequency andtypeofviolations.
(2) (a) An habitual offender is a person having three or more convictions of anyof the following separate and distinct offenses arising out of separate acts committed within a period of seven years:
(2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:
(VI) Conviction of the driver of a motor vehicle involved in any accidentCRASH involvingdeathorpersonalinjuriesforfailuretoperform the duties required of such person under section 42-4-1601.
(VI) Conviction of the driver of a motor vehicle involved in any accident CRASH involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.
(1)(b)(I) Apersoncommitsthecrimeof aggravateddrivingwith a revoked license if he or she PERSON is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of thesamecriminal episode, also commits anyof the following offenses:
(1) (b) (I) A person commits the crime of aggravated driving with a revoked license if he or she THE PERSON is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as PAGE 23-HOUSE BILL 26-1237 a part of the same criminal episode, also commits any of the following offenses:
(E) Violation of any of the requirements specified for accidents CRASHES andaccidentCRASH reportsinsections42-4-1601to42-4-1606;
(E) Violation of any of the requirements specified for accidents CRASHES and accident CRASH reports in sections 42-4-1601 to 42-4-1606;
(1) This article 4 must be applicable and uniform throughout this -29- 1237 state and in all political subdivisions and municipalities.
(1) This article 4 must be applicable and uniform throughout this stateandinallpoliticalsubdivisionsandmunicipalities.Citiesandcounties, incorporated cities and towns, and counties shall regulate and enforce all trafficandparkingrestrictionsonstreetsthatarestatehighwaysasprovided in section 43-2-135 (1)(g), and all local authorities may enact and enforce traffic regulations on other roads and streets within their respective jurisdictions.
Cities and counties, incorporated cities and towns, and counties shall regulate and enforce all traffic and parking restrictions on streets that are state highwaysasprovidedinsection43-2-135(1)(g),andalllocalauthorities mayenactandenforcetrafficregulationsonotherroadsandstreetswithin their respective jurisdictions.
(d)(I) Localauthoritiesdonothavethepowertoenactregulations governing:
(d) (I) Local authorities do not have the power to enact regulations governing:
(C) The duties and obligations of persons involved in traffic accidentsCRASHES;
(C) The duties and obligations of persons involved in traffic accidents CRASHES ;
Establishmentofwildlifecrossingzones-speedlimit - definition.
Establishment of wildlife crossing zones - speed limit - definition.
(a) Thepercentageof trafficaccidentsHES thatoccurwithin the area that involve the presence of wildlife on the public highway;
(a) The percentage of traffic accidents CRASHES that occur within the area that involve the presence of wildlife on the public highway;
(c) The relative numbers of traffic accidents that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway.
PAGE 24-HOUSE BILL 26-1237 (c) The relative numbers of traffic accidents CRASHES that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway.
Bicycle, electric scooter, and personal mobility device equipment - penalty - sale of electrical assisted bicycle -30- 1237 equipment requirements - deceptive trade practice.
Bicycle,electricscooter,andpersonalmobility device equipment - penalty - sale of electrical assisted bicycle equipment requirements - deceptive trade practice.
(12) (b) A person shall not advertise, offer for sale, or sell, in a store or online, a vehicle that is not an electrical assisted bicycle:
(12)(b) Apersonshallnotadvertise,offerforsale,orsell,inastore or online, a vehicle that is not an electrical assisted bicycle:
(II) (A) Using the words "electrical assisted bicycle", "electric bike", or "e-bike" or other similar terms without providing the following disclosure in clearly legible, written form:
(II)(A) Usingthewords"electricalassistedbicycle","electricbike", or "e-bike" or other similar terms without providing the following disclosure in clearlylegible, written form:
"This vehicle is not an electrical assisted bicycle as defined in state law pursuant to section 42-1-102,ColoradoRevisedStatutes.Itisinsteadatypeofmotorvehicle and subject to applicable motor vehicle laws if used on public roads or public lands.
"This vehicle is not an electrical assisted bicycle as defined in state law pursuant to section 42-1-102, Colorado Revised Statutes.
Your insurance policies may not provide coverage for accidentsCRASHES involving the use of this vehicle.
It is instead a type of motor vehicle and subject to applicable motor vehicle laws if used on public roads or public lands.
To determine coverage, you should contact your insurance company or agent." SECTION 47.
Your insurance policies may not provide coverage for accidents CRASHES involvingtheuseofthisvehicle.Todeterminecoverage,youshouldcontact your insurance company or agent." SECTION 47.
In Colorado Revised Statutes, 42-4-230, amend (4) as follows:
InColoradoRevisedStatutes,42-4-230,amend(4) as follows:
(4) No A motor vehicle operating as a tow truck, as defined in section 40-10.1-101 (21), C.R.S.,he scene of an accidA CRASH shallNOT move or attempt to move any wrecked vehicle without first complyingwiththosesectionsofthelawconcerningemergencylighting.
(4) No A motor vehicle operating as a tow truck, as defined in section 40-10.1-101 (21), C.R.S.,at the scene of an accidenA CRASH shall NOT moveorattempttomoveanywrecked vehicle withoutfirstcomplying with those sections of the law concerning emergency lighting.
Minimumstandardsforcommercialvehicles-motor carrier safety fund - created - definitions - rules - penalties.
Minimum standards for commercial vehicles - motor carrier safety fund - created - definitions - rules - penalties.
(4) (a) (I) Except as described in subsection (4)(a)(III) of this section, the chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would be commercial vehicles but -31- 1237 forthefactthat theyhave a manufacturer's gross vehicleweightratingor gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds.
PAGE 25-HOUSE BILL 26-1237 (4) (a) (I) Except as described in subsection (4)(a)(III) of this section, the chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II)ofthissection,vehiclesthatwouldbecommercialvehiclesbutfor thefactthattheyhaveamanufacturer'sgrossvehicleweightratingorgross combination rating of ten thousand one pounds or more but not more than sixteenthousandpounds.Inadoptingtherules,thechiefshalluseasgeneral guidelinesthestandardscontainedinthecurrentrulesandregulationsofthe United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notificationandreportingofaccidents CRASHES ,hoursofserviceofdrivers, inspection, repair and maintenance of motor vehicles, financial responsibility,insurance,andemployeesafetyandhealthstandards;except that rules regarding financial responsibility and insurance do not apply to acommercialvehicleasdefinedinsubsection(1)of thissectionthatisalso subject to regulation by the public utilities commission under article 10.1 of title 40.
In adopting the rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards;
On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a) must be performed by an enforcement official, as defined in section 42-20-103 (2), who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections.
except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40.
On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a) must be performed by an enforcement official, as defined in section 42-20-103 (2), who has been certified by the commercialvehiclesafetyalliance,oranysuccessororganizationthereto, to perform level I inspections.
(a.5) "Child restraint system" means a speciallydesigned seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injuryto the child in the -32- 1237 eventofamotorvehicleaccidentCRASH thatiseitherpermanentlyaffixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended.
(a.5) "Child restraint system" means a specially designed seating systemthatisdesignedtoprotect,hold,orrestrainachildinamotorvehicle in such a way as to prevent or minimize injury to the child in the event of amotorvehicleaccident CRASH thatiseitherpermanentlyaffixedtoamotor vehicle or is affixed to such vehicle by a safety belt or a universal attachmentsystem,andthatmeetsthefederalmotorvehiclesafetystandards set forth in section 49 CFR 571.213, as amended.
SECTION 50.
SECTION50.
In Colorado Revised Statutes, 42-4-237, amend (7) as follows:
InColorado RevisedStatutes,42-4-237,amend(7) PAGE 26-HOUSE BILL 26-1237 as follows:
(7) Evidence of failure to comply with the requirement of subsection (2) of this section shall bessible to mitigate damages with respect to anyperson who was involved in a motor vehicle accident ORCRASH andwhoseeksinanysubsequentlitigationtorecoverdamages for injuries resulting from the accident.
(7) Evidenceoffailuretocomplywiththerequirementofsubsection (2) of this section shall be admissible to mitigate damages with respect to anyperson who was involved in a motor vehicle accident OR CRASH and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident CRASH .
Such mitigation shall be ISlimitedtoawardsforpainandsufferingandshall MUST notbeusedfor limiting recovery of economic loss and medical payments.
Such mitigation shall be ISlimited to awards for pain and suffering and shall MUST not be used for limiting recovery of economic loss and medical payments.
(II) Reports a fire, a traffic accidentn which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or an individual who is driving in a reckless, careless, or unsafe manner.
(II) Reports a fire, a traffic accidentASH in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materialsemergency,oranindividualwhoisdrivinginareckless,careless, or unsafe manner.
-33- 1237 42-4-510.
42-4-510.
(2) (b) All applications for permits to move manufactured homes over state highways shallMUST comply with the following special provisions:
(2) (b) All applications for permits to move manufactured homes over state highways shall MUST comply with the following special provisions:
(I) Each such application shallT be fora single trip, a special permit,anannual permit, or, subject to the requirements of paragraph(a) of subsection (1.SUBSECTION (1.5)(a) of this section, an annual fleet permit.
(I) Each such application shallMUST be for a single trip, a special permit,anannualpermit,or,subjecttotherequirementsofparagraph(a)of PAGE 27-HOUSE BILL 26-1237 subsection(1.5) SUBSECTION (1.5)(a)ofthissection,anannualfleetpermit.
The application shallST be accompanied by a certificate or other proof of public liability insurance in amounts of not less than one hundred thousand dollars per person and three hundred thousand dollars per accidentOR CRASH for all manufactured homes moved within this state by the permit holder during the effective term of the permit.
The application shallMUST be accompanied by a certificate or other proof of public liability insurance in amounts of not less than one hundred thousanddollarsperpersonandthreehundredthousanddollarsperaccident ORCRASH forallmanufacturedhomesmovedwithinthisstatebythepermit holderduringtheeffectivetermof thepermit.Eachapplication forasingle trip permit shallMUST be accompanied by an authentication of paid ad valorem taxes on the used manufactured home.
Each application for a single trip permit shall be accompanied by an authentication of paid ad valorem taxes on the used manufactured home.
SECTION53.
SECTION 53.
InColoradoRevisedStatutes,42-4-808, amend(1) as follows:
In Colorado Revised Statutes, 42-4-808, amend (1) as follows:
(1) Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle who approaches an individual who has an obviously apparent disability shall immediately come to a full stop and take such precautions before proceeding as are necessary to avoid an accident, CRASH , or injury to said individual.
(1) Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle who approaches an individual who has an obviously apparent disability shall immediately come to a full stop and take such precautionsbeforeproceedingasarenecessarytoavoidanaccident, CRASH , or injuryto said individual.
A disabilityIShdeemed to be obviously apparent if, by way of example and without limitation, the individual is using a mobility device, is assisted by a service animal, as definedinsection24-34-301,C.R.S.,isbeingassistedbyanotherperson, -34- 1237 or is walking with an obvious physical impairment.
A disabilityshall bedeemed to be obviously apparent if, by way of example and without limitation, the individual is usingamobilitydevice,isassistedbyaserviceanimal,asdefinedinsection 24-34-301, C.R.S., is being assisted by another person, or is walking with anobviousphysicalimpairment.Anyperson whoviolatesanyprovisionof this section commits a class A traffic offense.
Any person who violates any provision of this section commits a class A traffic offense.
In Colorado RevisedStatutes,42-4-1101,amend (6) as follows:
InColoradoRevisedStatutes,42-4-1101,amend(6) as follows:
(6) Theprovisionsof thissectionshallnotbeconstruedtorelieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accidentRASH .
(6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident A CRASH .
Expressedconsentforthetakingofblood,breath, urine, or saliva sample - testing - rules - definition.
Expressed consent for the taking of blood, breath, PAGE 28-HOUSE BILL 26-1237 urine, or saliva sample - testing - rules - definition.
(8) Any person who is dead or unconscious shall be tested todeterminethealcoholordrugcontentoftheperson'sbloodoranydrug content within such person's system as provided in this section.
(8) Any person who is dead or unconscious shall MUST be tested to determine the alcohol or drug content of the person's blood or any drug content within such person's system as provided in this section.
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person'slifeorhealth,thelawenforcementagencyshallST beallowed to test any blood, urine, or saliva that was obtained and not utilized by a health-care provider and shallT have access to that portion of the analysisandresultsofanytestsadministeredbysuchproviderthatshows the alcohol or drug content of the person's blood, urine, or saliva or any drugcontentwithintheperson'ssystem.SuchtestresultsshallEnotbe considered privileged communications, and the provisions of section 13-90-107 C.R.S.,elatingtothephysician-patientprivilegesDOlnot apply.
If a test cannot be administered to a person who is unconscious, hospitalized, or undergoingmedicaltreatmentbecausethetestwouldendangertheperson's lifeorhealth,thelawenforcementagencyshall MUST beallowedtotestany blood, urine, or saliva that was obtained and not utilized by a health-care provider and shall MUST have access to that portion of the analysis and results of anytests administered bysuch provider that shows the alcohol or drug content of the person's blood, urine, or saliva or any drug content within the person's system.
Any person who is dead, in addition to the tests prescribed, shall -35- 1237 MUST also have the person's blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment.
Such test results shallRE not be considered privilegedcommunications,andtheprovisionsofsection13-90-107C.R.S., relating to the physician-patient privilege shaDO not apply.
Such information obtained shall be made a part of the accidentSH report.
Any person who is dead, in addition to the tests prescribed, shallUST also have the person's blood checked for carbon monoxide content and for the presence ofdrugs,asprescribedbythedepartmentofpublichealthandenvironment.
Suchinformationobtainedshall MUST bemadeapartoftheaccident CRASH report.
In Colorado RevisedStatutes,42-4-1304,amend (7) as follows:
InColoradoRevisedStatutes,42-4-1304,amend(7) as follows:
Samplesofbloodorotherbodilysubstance-duties of department of public health and environment - rules.
Samples of blood or other bodily substance - duties of department of public health and environment - rules.
(7) The office of the highwaysafetycoordinator, the department, the Colorado state patrol, and the division of criminal justice within the department of public safety have access to the results of the tests of samples taken as a result of a traffic crash for statistical analysis.
(7) Theofficeofthehighwaysafetycoordinator,thedepartment,the Colorado state patrol, and the division of criminal justice within the departmentofpublicsafetyhaveaccesstotheresultsofthetestsofsamples taken as a result of a traffic crash for statistical analysis.
The division of parks and wildlife has access to the results of the tests of samples taken as a result of a boating accidentDENTfor statistical analysis.
The division of parks and wildlife has access to the results of the tests of samples taken as a result of a boating accidentNCIDENT for statistical analysis.
SECTION57.
SECTION 57.
In Colorado RevisedStatutes,42-4-1409,amend (3)(a) as follows:
In Colorado Revised Statutes, 42-4-1409, amend (3)(a) as follows:
Compulsoryinsurance-penalty-legislativeintent.
Compulsory insurance - penalty - legislative intent.
(3)(a) Whenanaccident ACRASH occurs,orwhenrequestedtodo so following anylawful traffic contactorduringanytraffic investigation bya 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.
(3) (a) When an accident A CRASH occurs, or when requested to do PAGE 29-HOUSE BILL 26-1237 sofollowinganylawfultrafficcontactorduringanytrafficinvestigationby 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.
SECTION58.
SECTION 58.
In Colorado RevisedStatutes,42-4-1412,amend (13) as follows:
In Colorado Revised Statutes, 42-4-1412, amend (13) as follows:
Operation of bicycles, electric scooters, and other -36- 1237 human-powered vehicles.
Operation of bicycles, electric scooters, and other human-powered vehicles.
(13) Upon request, the law enforcement agency having jurisdictionshallcompleteareportconcerninganinjuryordeathincident that involves a bicycle, electrical assisted bicycle, or electric scooter on the roadways of the state, even if the accidentes not involve a motor vehicle.
(13) Upon request, the law enforcement agencyhaving jurisdiction shall complete a report concerninganinjuryordeath incident that involves a bicycle, electrical assisted bicycle, or electric scooter on the roadways of the state, even if the accidentRASH does not involve a motor vehicle.
SECTION59.
SECTION 59.
In Colorado RevisedStatutes,42-4-1601,amend (1), (1.5), and (2) as follows:
In Colorado Revised Statutes, 42-4-1601, amend (1), (1.5), and (2) as follows:
Crashes involving death or personal injuries - duties.
Crashesinvolvingdeathorpersonalinjuries-duties.
(1) The driver of any vehicle directly involved in an accident CRASH resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident CRASH or as close to the scene as possible or shall immediately return to thesceneoftheaccidentCRASH.Thedrivershallthenremainatthescene of the accidentASH until the driver has fulfilled the requirements of section 42-4-1603 (1).
(1) The driver of any vehicle directly involved in an accident A CRASH resultingininjuryto,seriousbodilyinjuryto,ordeathofanyperson shall immediatelystop such vehicle at the scene of such accident CRASH or as close to the scene as possible or shall immediatelyreturn to the scene of theaccident CRASH .Thedrivershallthenremainatthesceneoftheaccident CRASH 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.
Every such stop shallMUST be made without obstructing traffic more than is necessary.
(1.5) It shallnot 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 accidentor the purpose of reporting the accidentRASH in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.
(1.5) It shallS 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 CRASH for the purpose of reporting the accidentCRASH 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:
(2) Anyperson who violates anyprovision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(a) A class 1 misdemeanor traffic offense if the accident CRASH PAGE 30-HOUSE BILL 26-1237 resulted in injury to any person;
-37- 1237 (b) A class 4 felony if the acciCRASH resulted in serious bodily injury to any person;
(b) A class 4 felonyif the accidentRASH resulted in serious bodily injury to any person;OR (c) A class 3 felony if the accidentCRASH resulted in the death of any person.
(c) A class 3 felonyif the accidentresulted in the death of any person.
(1) The driver of any vehicle directly involved in an accident CRASH 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 accidentCRASH or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident CRASH , except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603.
(1) The driver of any vehicle directly involved in an accident A CRASH resulting onlyin damage to a vehicle which is driven or attended by anypersonshallimmediatelystopsuchvehicleatthesceneofsuchaccident CRASH or as close thereto as possible but shall immediatelyreturn to and in everyevent shall remain at the scene of such accidentCRASH , except in the circumstancesprovidedinsubsection(2)ofthissection,untilthedriverhas fulfilledtherequirementsofsection42-4-1603.Everysuchstopshall MUST bemadewithoutobstructingtrafficmorethanisnecessary.Anypersonwho violatesanyprovisionofthissubsection(1)commitsaclass2misdemeanor traffic offense.
Every such stop shallST be made without obstructing traffic more than is necessary.
(2) When an accident A CRASH 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 ramptoafrontageroad, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.
Anyperson who violates anyprovision of this subsection (1) commits a class 2 misdemeanor traffic offense.
(2) When an accidentA CRASH 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.
(1) The driver of any vehicle involved in an accidentH -38- 1237 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 sheE DRIVER is driving and shall upon request exhibit his or herEIRdriver'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 accidentH 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 treatmentisnecessaryorifthecarryingisrequestedbytheinjuredperson.
(1) The driver of any vehicle involved in an accident A CRASH resulting in injury to, serious bodily injury to, or death of any person or damage to anyvehicle which is driven or attended byanyperson shall give the driver's name, the driver's address, and the registration number of the PAGE 31-HOUSE BILL 26-1237 vehicle he or sheTHE DRIVER is driving and shall upon request exhibit his or herTHEIR 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 anyperson injured in such accidentRASH 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 necessaryor if the carrying is requested by the injured person.
(2) Intheeventthatnoneof thepersonsspecifiedareincondition 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 anyvehicle involved in such accident , after fulfilling all otherrequirementsofsubsection(1)ofthissection,insofaraspossibleon the driver's part to be performed, shall immediately report such accident CRASH 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.
(2) In the event that none of the persons specified are in condition to receive the information to which theyotherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident CRASH , after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver'sparttobeperformed,shallimmediatelyreportsuchaccident CRASH 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.
The driver of anyvehicle which collides with or is involved in an accidentA CRASH with anyvehicle or other propertywhich is unattended resulting in any damage to such vehicle or other property shall -39- 1237 immediately stop and either locate and notify the operator or owner of suchvehicleorotherpropertyofsuchfact,thedriver'snameandaddress, andtheregistrationnumberofthevehicleheorshe THEDRIVER isdriving 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 sheRIVER is driving.
The driver of any vehicle which collides with or is involved in an accident A CRASH with any vehicle or other property which is unattended resultinginanydamagetosuchvehicleorotherpropertyshallimmediately 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 registrationnumberof thevehicleheorshe THEDRIVER isdrivingorattach 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 numberofthevehicleheorshe THEDRIVER isdriving.Thedrivershallalso make report of such accident CRASH when and as required in section 42-4-1606.Everystopshall MUST bemadewithoutobstructingtrafficmore than is necessary.
The driver shall also make report of such accidentASH when and as required in section 42-4-1606.
This section shall DOES not apply to the striking of highwayfixturesortrafficcontroldeviceswhichshallbe ISgovernedbythe provisionsof section42-4-1605.Anyperson whoviolatesanyprovisionof this section commits a class 2 misdemeanor traffic offense.
Every stop sMUST be made without obstructing traffic more than is necessary.
PAGE 32-HOUSE BILL 26-1237 SECTION 63.
This section shallt applyto the striking of highwayfixtures or traffic control devices which shall beISgoverned by the provisions of section 42-4-1605.
Any person whoviolatesanyprovisionofthissectioncommitsaclass2misdemeanor traffic offense.
SECTION 63.
The driver of any vehicle involved in an accidentA CRASH 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 sheDRIVER is driving and shallmakereportofsuchaccident CRASH whenandasrequiredinsection 42-4-1606.
The driver of anyvehicle involved in an accident A CRASH 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 sheTHE DRIVER is driving and shall make report of such accident CRASH when and as required in section 42-4-1606.
SECTION64.
SECTION 64.
In Colorado RevisedStatutes,42-4-1606,amend (1), (3), and (4) as follows:
In Colorado Revised Statutes, 42-4-1606, amend (1), (3), and (4) as follows:
-40- 1237 42-4-1606.
42-4-1606.
(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 suchaccidentCRASH andsuchotherinformationasisspecifiedinsection 42-4-1603(2)tothenearestofficeofthedulyauthorizedpoliceauthority and,if sodirectedbythepoliceauthority,shallimmediatelyreturntoand remain at the scene of the accidentH until said police have arrived at the scene and completed their investigation thereat.
(1) The driver of a vehicle involved in a traffic accident CRASH resulting in injuryto, serious bodilyinjuryto, or death of anyperson or any property damage shall, after fulfilling the requirements of sections 42-4-1602and42-4-1603(1),giveimmediatenoticeofthelocationofsuch accident CRASH 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 accidentCRASH until said police have arrived at the scene and completed their investigation thereat.
(3) The department may require any driver of a vehicle involved in an accident CRASH 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 accidentsRASHES to render reports to the department.
(3) The department mayrequire any driver of a vehicle involved in an accident A CRASH 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 CRASHES to render reports to the department.
(4) (a) (I)It is the duty of all law enforcement officers who receive notification of traffic accidentsS within their respective jurisdictionsorwhoinvestigatesuchaccidentsASHES eitheratthetime of or at the scene of the acciCRASH or thereafter by interviewing participants or witnesses to submit reportsof all such accidents to thedepartmenton the formprovided, including insurance information received from any driver, within five days of the time they receive such informationorcompletetheirinvestigation.Thelawenforcementofficer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident.
(4) (a) (I)t is the duty of all law enforcement officers who receive notification of traffic accidents CRASHES within their respective jurisdictions or who investigate such accidents CRASHES either at the time of or at the scene of the accident CRASH or thereafter by interviewing PAGE 33-HOUSE BILL 26-1237 participantsorwitnessestosubmitreportsofallsuchaccidents CRASHES 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.
-41- 1237 (II) Repealed.
(II) Repealed.
(b) The law enforcement officer shallISnot be required to complete an investigation or file an accidentH report:
(b) Thelawenforcementofficershall IS notberequiredtocomplete an investigation or file an accidentA CRASH report:
(I) In the case of a traffic accidentH 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 thousanddollarsandifthetrafficaccidentASH doesnotinvolveinjury to or death of any person;
(I) Inthecaseofatrafficaccident CRASH involvingamotorvehicle, ifthelawenforcementofficerhasareasonablebasistobelievethatdamage to the propertyof anyonepersondoesnotexceedone thousand dollars and if the traffic accidentCRASH does not involve injury to or death of any person;
except that the officer shall complete an investigation and file a report if specificallyrequested to do so byone of the participants or if one of the participants cannot show proof of insurance;
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 accidentASH not involving a motor vehicle, if the traffic accidentSH does not involve serious bodily injury to or death of any person.
or (II) In the case of a traffic accidentCRASH not involvingamotor vehicle, if the traffic accidentR CRASH does not involve serious bodily injury to or death of any person.
In Colorado RevisedStatutes,42-4-1607,amend (1) as follows:
InColoradoRevisedStatutes,42-4-1607,amend(1) as follows:
Whendriverunabletogivenoticeormakewritten report.
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 anaccidentSH asrequiredin section 42-4-1606 (1) and there was another occupant in the vehicle at the time of the accidentRASH capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
(1) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident A CRASH as required in section 42-4-1606 (1) and there was another occupant in the vehicle at the time of the accident CRASH capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
42-4-1608.
PAGE 34-HOUSE BILL 26-1237 42-4-1608.
(1) The department shall prepare and upon request supply to -42- 1237 police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accidentSH reports required under this article ARTICLE 4, which reports shallMUST call for sufficiently detailed information to disclose, with reference to a traffic accidentthe contributingcircumstances,theconditionsthen existing,andthepersons and vehicles involved.
(1) The department shall prepare and upon request supplyto police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident CRASH reports required under this articlARTICLE 4, which reports shall MUST call for sufficiently detailed information to disclose, with reference to a traffic accident CRASH , the contributing circumstances, the conditions then existing, and the persons and vehicles involved.
(2) Everyrequired accidentRASH report shalMUST be made on a form approved by the department, where such form is available.
(2) Every required accident CRASH report shalMUST be made on a form approved by the department, where such form is available.
Everycoroner or other official performing like functions shall on or before the tenth dayof 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 accidentHinvolving a motor vehicle and the circumstances of such accident .
Everycoroner or other official performing likefunctionsshallonor before the tenth day of each month report in writing to the department the death of anyperson within such official's jurisdiction during the preceding calendar month as the result of an accident A CRASH involving a motor vehicle and the circumstances of such accident CRASH .
All accidentCRASH reports and supplemental reports required by law to be made by anydriver, owner, or person involved in any accident shall beCRASH ARE without prejudice to the individual so reporting and shall beARE for the confidential use of the department;
Allaccident CRASH reportsandsupplementalreportsrequiredbylaw to be made by any driver, owner, or person involved in any accident shall be CRASH ARE without prejudice to the individual so reporting and shall be ARE for the confidential use of the department;
except that the department maydisclose the identityof a person involved in an accident ACRASH whensuchidentityisnototherwise known orwhensuchperson denies his or herE PERSON Spresence at such accideCRASH .
except that the department maydisclosetheidentityofapersoninvolvedinanaccident ACRASH when such identityis not otherwise known or when such person denies his or her THE PERSON 'S presence at such accident CRASH .
Except as provided in section 42-7-504 (2), no such report shallused as -43- 1237 evidenceinanytrial,civilorcriminal,arisingoutofanacciACRASH ;
Except as provided in section 42-7-504 (2), no such report shallAY be used as evidence in any trial, civil or criminal, arising out of an accidentASH ;
exceptthatthedepartmentshallfurnish,upondemandofanypersonwho has, or claims to have, made such a report or upon demand of any court, acertificateshowingthataspecifiedaccidentSH reporthasorhasnot 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.
except that the departmentshallfurnish,upondemandof anyperson who has, or claimsto have, made such a report or upon demand of any court, a certificate PAGE 35-HOUSE BILL 26-1237 showingthataspecifiedaccident CRASH reporthasorhasnotbeenmadeto the department solely to prove a compliance or failure to comply with the requirementthatsuchareportbemadetothedepartment.Thissectionshall notbeconstruedtomeanthatreportsofinvestigationorotherreportsmade by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be ARE public records and shall be ARE subject to the provisions of section 42-1-206.
This section shall not be construed to mean that reports of investigation or other reports made bysheriffs, police officers, coroners, or other peace officers shall beonfidential, but the same shall be ARE public records and shalAREesubject to the provisions of section 42-1-206.
ThedepartmentshalltabulateandmayanalyzeallaccidentRASH reportsandshall publish annuallyoratmorefrequentintervalsstatistical information based thereon as to the number and circumstances of traffic accidentsCRASHES and in such a way that the information may be of valuetothedepartmentoftransportationineliminatingroadwayhazards.
The department shall tabulate and may analyze all accident CRASH reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents CRASHES and in such a waythat the information maybe of value to the department of transportation in eliminating roadway hazards.
The statistical information shallbe issued in accordance with the provisions of section 24-1-136.
The statistical information shall MUST be issued in accordance with the provisions of section 24-1-136.
In Colorado RevisedStatutes,42-4-1612,amend (2) and (3) as follows:
InColoradoRevisedStatutes,42-4-1612,amend(2) and (3) as follows:
(2) For purposes of this section, "state highway work area" includes anyarea where an employeeof thedepartmentof transportation is working at the time a fatal accidentccurs.
(2) Forpurposesofthissection,"statehighwayworkarea"includes anyareawhere an employee of thedepartmentof transportationisworking at the time a fatal accidentASH occurs.
-44- 1237 (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 accidentA CRASH.
(3) Nothing in this section shall be construed to require the department of transportation or the Colorado state patrol to specifically identifybyname anyindividual killed, injured, orotherwiseinvolvedinan accident A CRASH .
SECTION71.
SECTION 71.
In Colorado RevisedStatutes,42-4-1701,amend (5)(c)(I) introductory portion and (5)(c)(I)(C) as follows:
In Colorado Revised Statutes, 42-4-1701, amend (5)(c)(I) introductory portion and (5)(c)(I)(C) as follows:
(5) (c) (I) The penalty and surcharge schedules of subsection (4) ofthissectionandthepenaltyassessmentnoticeprovisionsofparagraphs (a) and (b) of this subsection (5) shallIONS (5)(a)AND (5)(b)OF THISSECTIONDO notapplytoviolationsconstitutingmisdemeanors,petty offenses,ormisdemeanortrafficoffensesnotspecifiedinsaidubsection (4) of this section nor shall they DO NOT apply to the violations constitutingmisdemeanors,pettyoffenses,misdemeanortrafficoffenses, or traffic infractions specified in saidion (4) of this section when it appears that:
PAGE 36-HOUSE BILL 26-1237 (5) (c) (I) The penaltyand surcharge schedules of subsection (4) of this section and the penaltyassessment notice provisions of paragraphs (a) and (b) of this subsection (5) shaSUBSECTIONS (5)(a)AND (5)(b) OF THIS SECTION DO not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not specified in saidubsection (4) of this section nor shall they AND DO NOT apply to the violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractions specified in saidsection (4) of this section when it appears that:
(C) The alleged violation has caused, or contributed to the cause of, an accident CRASH resulting in appreciable damage to property of another or in injury or death to any person;
(C) Theallegedviolationhascaused,orcontributedtothecauseof, anaccident ACRASH resultinginappreciabledamagetopropertyofanother or in injury or death to any person;
SECTION72.
SECTION 72.
In Colorado RevisedStatutes,42-4-1705,amend (1)(b) and (1)(d) as follows:
In Colorado Revised Statutes, 42-4-1705, amend (1)(b) and (1)(d) as follows:
Person arrested to be taken before the proper court.
Personarrestedtobetaken before the proper court.
(1) Whenever a person is arrested for any violation of this article 4punishableasamisdemeanor,thearrestedpersonmustbetakenwithout unnecessary delay before a county judge who has jurisdiction of such -45- 1237 offense as provided by law, in any of the following cases:
(1) Whenever a person is arrested for any violation of this article 4 punishable as a misdemeanor, the arrested person must be taken without unnecessary delay before a county judge who has jurisdiction of such offense as provided by law, in any of the following cases:
(b) Whenthepersonisarrestedandchargedwithanoffenseunder this articleRTICLE 4 causing or contributing to an acciA CRASH resulting in injury or death to any person;
(b) When the person is arrested and charged with an offense under this articleARTICLE 4 causing or contributing to an accident A CRASH resulting in injury or death to any person;
(d) When the person isarresteduponachargeof failuretostopin the event of an accident CRASH causing death, personal injuries, or damage to property;
(d) When the person is arrested upon a charge of failure to stop in the event of an accident A CRASH causing death, personal injuries, or damage to property;
In Colorado RevisedStatutes,42-4-1717,amend (1) and (2) as follows:
InColoradoRevisedStatutes,42-4-1717,amend(1) and (2) as follows:
(1) Exceptasotherwiseprovidedinsubsection(2)ofthissection, if a person has been convicted of violating this article4 or any otherlawregulatingtheoperationofmotorvehiclesotherthanaviolation 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:
(1) Except as otherwise provided in subsection (2) of this section, if a person has been convicted of violating this articleARTICLE 4 or any PAGE 37-HOUSE BILL 26-1237 other law regulating the operation of motor vehicles other than a violation ofsection42-4-1301,thecourtmayrequirethedefendant,atthedefendant's expense, to attend and satisfactorilycompleteacourseof instructionat any designated driver improvement school providing instruction in:Thetraffic laws of this state, recognition of hazardous traffic situations, and traffic accident CRASH prevention.
The traffic laws of this state, recognition of hazardous trafficsituations,andtrafficaccidentH prevention.Uponcompletion of the course, the court may suspend all or a portion of the fine or sentence of imprisonment.
Upon completion of the course, the court may suspend all or a portion of the fine or sentence of imprisonment.
Unless otherwise provided bylaw, the school must be approved by the court.
Unless otherwise provided by law, the school must be approved by the court.
(2) Whenever a minor under eighteen years of age has been convictedofviolatinganyprovisionofthisarticleTICLE 4orotherlaw 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 -46- 1237 schoolprovidinginstructioninthetrafficlawsof thisstate,instructionin recognition of hazardous traffic situations, and instruction in traffic accident CRASH prevention.
(2) Whenever a minor under eighteen years of age has been convicted of violating any provision of this articleARTICLE 4 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 recognitionofhazardoustrafficsituations,andinstructionintrafficaccident CRASH prevention.
The court shall impose the driver improvement school requirement in addition to the penalty provided for theviolationorasaconditionofeithertheprobationorthesuspensionof all or any portion of any fine or sentence of imprisonment for the violation.Theminor,ortheminor'sparentorparentswhoappearincourt with the minor in accordance with section 42-4-1716 (4), shall pay the cost of attending the designated driver improvement school.
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 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.
The minor, or the minor'sparentorparents who appear in court with the minorinaccordance with section 42-4-1716 (4), shall pay the cost of attending the designated driverimprovementschool.Thecourtsshallmakeavailableinformationon scholarshipsandotherfinancialassistanceavailabletohelpminorsortheir parents offset the costs of driver improvement school.
Unless otherwise provided by law, such school shallUST be approved by the court.
Unless otherwise provided by law, such school shall MUST be approved by the court.
SECTION74.
SECTION 74.
In Colorado RevisedStatutes,42-4-2402,amend (2)(c), (2)(f), (3)(b)(II), and (3)(b)(III) as follows:
In Colorado Revised Statutes, 42-4-2402, amend (2)(c), (2)(f), (3)(b)(II), and (3)(b)(III) as follows:
(2) Event data that is recorded on an event data recorder is the personal information of the motor vehicle's owner, and therefore the informationshallnotberetrievedbyapersonwhoisnottheownerof the motor vehicle, except in the following circumstances:
(2) Event data that is recorded on an event data recorder is the personal information of the motor vehicle's owner, and therefore the information shall not be retrieved by a person who is not the owner of the motor vehicle, except in the following circumstances:
(c) The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident (f) A peace officer retrieves the data pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accidentH resulting in damage of property or injury to a person.
(c) The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident CRASH ;
(3) (b) A person authorized to download or retrieve data from an -47- 1237 event data recorder may release the data in the following circumstances:
PAGE 38-HOUSE BILL 26-1237 (f) Apeaceofficerretrievesthedatapursuanttoacourtorderaspart of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident A CRASH resulting in damage of property or injury to a person.
(II) The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident (III) The data is released pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accidentSH resulting in appreciable damage of property or injury to a person;
(3) (b) A person authorized to download or retrieve data from an event data recorder may release the data in the following circumstances:
SECTION 75.
(II) The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident CRASH ;
In Colorado Revised Statutes, 42-7-102, amend (1), (2)(a) introductory portion, (2)(a)(I), and (2)(a)(III) as follows:
(III) The data is released pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident A CRASH resulting in appreciable damage of property or injury to a person;
SECTION75.
InColoradoRevisedStatutes,42-7-102,amend(1), (2)(a) introductory portion, (2)(a)(I), and (2)(a)(III) as follows:
(1) The general assembly is acutely aware of the toll in human suffering and loss of life, limb, and propertycaused bynegligence in the operation of motor vehicles in our state.
(1) The general assembly is acutely aware of the toll in human suffering and loss of life, limb, and property caused by negligence in the operation of motor vehicles in our state.
Although it recognizes that this basicproblemcanbeandisbeingdealtwithbydirectmeasuresdesigned to protect our people from the ravages of irresponsible drivers, the general assembly is also very much concerned with the financial loss visited upon innocent traffic accidentRASH victims by negligent motorists who are financially irresponsible.
Although it recognizes that this basic problem can be and is being dealt with by direct measures designed to protect our people from the ravages of irresponsible drivers, the general assembly is also very much concerned with the financial loss visited upon innocent traffic accident CRASH victims by negligent motorists who are financially irresponsible.
In prescribing the sanctions and requirements of this articleCLE 7, it is the policy of this state to induce and encourage all motorists to provide for their financial responsibility for the protection of others, and to assure the widespread availabilitytotheinsuringpublicofinsuranceprotectionagainstfinancial loss caused by negligent financially irresponsible motorists.
In prescribing the sanctions and requirements of this articleRTICLE 7, it is the policy of this state to induce and encourage all motorists to provide for their financial responsibility for the protection of others,andtoassurethewidespreadavailabilitytotheinsuringpublicof insurance protection against financial loss caused by negligent financially irresponsible motorists.
(2) (a) The general assembly hereby finds that motor vehicle accidentsCRASHES cause a substantial economic impact in lost wages, medical bills, and property destruction exacerbated by the following:
(2) (a) The general assembly hereby finds that motor vehicle accidents CRASHES cause a substantial economic impact in lost wages, medical bills, and property destruction exacerbated by the following:
(I) Somenegligentmotoristsareuninsuredor flee the scene of an -48- 1237 accidentCRASH.
(I) Some negligent motorists are uninsured or flee the scene of an PAGE 39-HOUSE BILL 26-1237 accident CRASH .
(III) WheninnocenttrafficaccidentSH victimscannotaccess either the negligent driver's automobile liability policy or their own uninsuredmotoristcoverage,theburdenoftheuncompensatedlossesare borne by the taxpayer in the form of taxes for medicaid, by trauma facilities in the formof uncompensated hospital-related costs, and bythe innocent victim.
(III) When innocent traffic accident CRASH victims cannot access either the negligent driver's automobile liability policy or their own uninsured motorist coverage, the burden of the uncompensated losses are bornebythetaxpayerintheformoftaxesformedicaid,bytraumafacilities in the form of uncompensated hospital-related costs, and by the innocent victim.
SECTION 76.
SECTION76.
In Colorado Revised Statutes, 42-7-103, amend (2) and (14)(a);
InColoradoRevisedStatutes,42-7-103, amend(2) and (14)(a);
(2) "Automobile liability policy" or "bond" means a liability policyorbondsubject,iftheaccidentASH hasresultedinbodilyinjury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accidentRASH and, subject to said limit for one person, to a limit of not less than fiftythousand dollars because of bodily injurytoordeathoftwoormorepersonsinanyoneaccident CRASH ,and, if the accidentSH has resulted in injuryto or destruction of property, to a limit of not less than fifteen thousand dollars because of injury to or destruction of property of others in any one accident (3.5) "CASH "MEANS A MOTOR VEHICLE COLLISION OR INCIDENT OCCURRING ON PUBLIC OR PRIVATE PROPERTY WITHIN THE STATE , INCLUDING EVENTS INVOLVING MOTOR VEHICLES , VULNERABLE ROAD USERS AS DEFINED IN SECTION 42-4-1402.5 (1), OR OTHER -49- 1237 TRANSPORTATION DEVICES .
(2) "Automobile liabilitypolicy" or "bond" means a liabilitypolicy orbondsubject,iftheaccident CRASH hasresultedinbodilyinjuryordeath, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident CRASH and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more personsinanyone accident CRASH , and, if the accideCRASH hasresultedininjurytoordestructionof property,toalimitof notlessthan fifteen thousand dollars because of injury to or destruction of property of others in any one accident CRASH .
(14) (a) "Proof of financial responsibility for the future", also referred to in this articleLE 7 as proof of financial responsibility, means proof of ability to respond in damages for liability, on account of accidentsCRASHES occurringaftertheeffectivedateofsaidproof,arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in anyone accidentSH , and, subject to said limit for one person, in the amount of fiftythousand dollars because of bodily injuryto or death of two or more persons in anyone accident, and in the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one acCRASH.
(3.5) "C RASH " MEANS A MOTOR VEHICLE COLLISION OR INCIDENT OCCURRINGONPUBLICORPRIVATEPROPERTYWITHINTHESTATE ,INCLUDING EVENTSINVOLVINGMOTORVEHICLES ,VULNERABLEROADUSERSASDEFINED IN SECTION 42-4-1402.5 (1), OR OTHER TRANSPORTATION DEVICES .
SECTION 77.
(14) (a) "Proof of financial responsibility for the future", also referred to in this articleRTICLE 7 as proof of financial responsibility, means proof of ability to respond in damages for liability, on account of accidents CRASHES occurring after the effective date of said proof, arising outoftheownership,maintenance,oruseofamotorvehicle,intheamount PAGE 40-HOUSE BILL 26-1237 of twenty-five thousand dollars because of bodilyinjuryto or death of one personinanyoneaccident CRASH , and, subject to saidlimitforoneperson, in the amount of fiftythousand dollars because of bodilyinjuryto or death of two or more persons in any one accident CRASH , and in the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one accidentCRASH .
In Colorado Revised Statutes, 42-7-301, amend (1) introductory portion, (1)(a), (2), (5), and (6) as follows:
SECTION77.
In ColoradoRevisedStatutes,42-7-301,amend(1) introductory portion, (1)(a), (2), (5), and (6) as follows:
Securityandproofoffinancialresponsibilityforthe future required under certain circumstances.
Security and proof of financial responsibility for the future required under certain circumstances.
(1) Unless exempt under section 42-7-302, an operator or owner named in an accidentA CRASH report required to be filed pursuant to section 42-4-1606 shall file with the director, according to the procedure provided by this section, both:
(1) Unless exempt under section 42-7-302, an operator or owner namedinanaccident ACRASH reportrequiredtobefiledpursuanttosection 42-4-1606 shall file with the director, according to the procedure provided by this section, both:
(a) Security, in an amount specified after consideration of the accident CRASH report and written substantiation of such report as provided in paragraph (b) of subsection (3)SECTION (3)(b) of this section, which is sufficient to satisfy any judgments for damages or injuries resulting from the accidentH as may be recovered against such operator or owner but which in no event shallxceed the sum of thirty-five thousand dollars;
(a) Security, in an amount specified after consideration of the accident CRASH reportandwrittensubstantiationofsuchreportasprovided inparagraph (b) of subsection (3)SUBSECTION (3)(b) of thissection,which issufficienttosatisfyanyjudgmentsfordamagesorinjuriesresultingfrom theaccident CRASH asmayberecoveredagainstsuchoperatororownerbut whichinnoeventshall MAY exceedthesumofthirty-fivethousanddollars;
and -50- 1237 (2) Based upon a report filed pursuant to section 42-4-1606, the director shall determine whether an operator or owner is required to comply with the provisions of this articleCLE 7 and, if so, shall:
and (2) Based upon a report filed pursuant to section 42-4-1606, the directorshalldeterminewhetheranoperatororownerisrequiredtocomply with the provisions of this articleTICLE 7 and, if so, shall:
(a) Within fifteen days after receipt of the accident report, inform each such operator and each such owner of such requirement and that the operator or owner's license or nonresident's operating privilege will be suspended if the operator or owner fails to comply with the provisions of this articleICLE 7;
(a) Within fifteen days after receipt of the accidentASH report, inform each such operator and each such owner of such requirement and thattheoperatororowner'slicenseornonresident'soperatingprivilegewill be suspended if the operator or owner fails to comply with the provisions of this articleTICLE 7;
(b) Within sixty days after receipt of the accidentH report, send written notice of the requirement of filing security and proof of financial responsibility for the future to each such owner and each such operator at his or her last-known address, by first-class mail pursuant to section 42-2-119 (2).
(b) Withinsixtydaysafterreceiptoftheaccident CRASH report,send written notice of the requirement of filing security and proof of financial responsibility for the future to each such owner and each such operator at his or her last-known address, by first-class mail pursuant to section PAGE 41-HOUSE BILL 26-1237 42-2-119 (2).
(5) When no accident CRASH report is filed or when erroneous or incomplete information is given, the director, with regard to the matters set forth in this articleARTICLE 7, shall, after receipt of correct informationwithrespecttosaidmatters,takewhateverappropriateaction is indicated, consistent with the provisions of this article 7.
(5) When no accident CRASH report is filed or when erroneous or incompleteinformationisgiven,thedirector,with regard to the matters set forthinthisarticleARTICLE 7,shall,afterreceiptofcorrectinformationwith respect to said matters, take whatever appropriate action is indicated, consistent with the provisions of this articleRTICLE 7.
(6) No policy or bond shall be IS effective under this section unless issued by an insurance company or surety company authorized to do business in this state, but the surety requirements of this section may be satisfied by evidence of a savings account, deposit, or certificate of depositmeetingtherequirementsofsection11-35-101.C.R.S.
(6) No policyor bond shall be ISeffective under this section unless issued by an insurance company or surety company authorized to do business in this state, but the surety requirements of this section may be satisfied byevidenceof a savings account, deposit, or certificate of deposit meetingtherequirementsofsection11-35-101.C.R.S.
However, if a motor vehicle was not registered in this state, or if a motor vehicle was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shallWILL not be effective under this section unless the insurance -51- 1237 companyorsuretycompany,ifnotauthorizedtodobusinessinthisstate, executes a power of attorney authorizing the director to accept, on its behalf, service of notice or process in any action upon such policy or bond arising out of such accident .
However,ifamotor vehicle was not registered in this state, or if a motor vehicle was registered elsewherethaninthisstateattheeffectivedateofthepolicyorbond,orthe mostrecentrenewalthereof,suchpolicyorbondshall WILL notbeeffective under this section unless the insurance company or surety company, if not authorized to do business in this state, executes a power of attorney authorizingthedirectortoaccept,onitsbehalf,serviceof noticeorprocess in anyaction upon such policyor bond arising out of such accident CRASH .
SECTION 78.
SECTION78.
In Colorado Revised Statutes, 42-7-302, amend (1) introductory portion, (1)(f), (1)(g), (1)(h), (1)(i), and (2) as follows:
InColorado RevisedStatutes,42-7-302,amend(1) introductory portion, (1)(f), (1)(g), (1)(h), (1)(i), and (2) as follows:
Exemptionsfromrequirementoffilingsecurityand proof of financial responsibility for the future.
Exemptions from requirement of filing security and proof of financial responsibility for the future.
(1) The requirement of filing security and proof of financial responsibility for the future pursuant to section 42-7-301 shall apply:
(1) The requirement of filing security and proof of financial responsibility for the future pursuant to section 42-7-301 shall DOES not apply:
(f) Totheoperatororownerifsuchownerhadineffectatthetime of such accidentASH an automobile liabilitypolicywith respect to the motor vehicle involved in such accident ;
(f) To the operator or owner if such owner had in effect at the time of such accident CRASH an automobile liability policy with respect to the motor vehicle involved in such accident CRASH ;
(g) To the operator, if not the owner of such motor vehicle, if there was in effect at the time of such accidentan automobile liabilitypolicyorbondwithrespecttotheoperationofmotorvehiclesnot owned by that person;
(g) To the operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident CRASH an automobile liability policyorbondwithrespecttotheoperationofmotorvehiclesnotownedby that person;
(h) To the operator or owner if the liability of such operator or owner for damages resulting from such accidentRASH is, in the judgmentof thedirector,coveredbyanyotherformof liabilityinsurance policy or bond or deposit as provided in section 42-7-418;
PAGE 42-HOUSE BILL 26-1237 (h) To the operator or owner if the liability of such operator or owner for damages resulting from such accident CRASH is, in the judgment of the director, covered by any other form of liability insurance policy or bond or deposit as provided in section 42-7-418;
(i) To the owner of a motor vehicle if at the time of the accident CRASH the vehicle was being operated without the owner's express or implied permission, or was parked by a person who had been operating such motor vehicle without such permission.
(i) To the owner of a motor vehicle if at the time of the accident CRASH the vehicle was being operated without the owner's express or impliedpermission,orwasparkedbyapersonwhohadbeenoperatingsuch motor vehicle without such permission.
(2) In determining whether any person is exempt from the -52- 1237 requirements of section 42-7-301, the director shall rely upon reports or other information submitted and, when requested byanyperson affected byanaccidentACRASH tomakeafindingoffact,shallconsiderthereport of the investigating officer, if any, the accidentorts, and any affidavits of persons having knowledge of the facts.
(2) In determining whether any person is exempt from the requirements of section 42-7-301, the director shall rely upon reports or otherinformationsubmittedand,whenrequestedbyanypersonaffectedby an accident A CRASH to make a finding of fact, shall consider the report of the investigating officer, if any, the accident CRASH reports, and any affidavits of persons having knowledge of the facts.
(1) The license or nonresident's operating privilege suspended under section 42-7-301 shall remain so suspended and not be renewed, nor shall any such license be issued to such person, unless there is filed withthedirectorevidencesatisfactorytothedirectorthatsuchpersonhas been released from liability, has entered into a contract used as security pursuant to section 42-7-301 (7), or has been finally adjudicated not liable, or until:
(1) Thelicenseornonresident'soperatingprivilegesuspendedunder section 42-7-301 shall remain so suspended and not be renewed, nor shall any such license be issued to such person, unless there is filed with the director evidence satisfactory to the director that such person has been releasedfromliability,hasenteredintoacontractusedassecuritypursuant to section 42-7-301 (7), or has been finally adjudicated not liable, or until:
(b) Three years have elapsed following the date of such accident CRASH and evidence satisfactory to the director has been filed with the directorthatduringsuchperiodnoactionfordamagesarisingoutofsuch accidentCRASHhasbeeninstituted,andsuchpersonhasfiledorthenfiles and maintains proof of financial responsibilityfor the future as provided in section 42-7-408;
(b) Three years have elapsed following the date of such accident CRASH and evidence satisfactory to the director has been filed with the director that during such period no action for damages arising out of such accident CRASH has been instituted, and such person has filed or then files and maintains proof of financialresponsibilityfor the future as provided in section42-7-408;exceptthatacontractusedassecuritypursuanttosection 42-7-301 (7) may provide for a different period of time;
except that a contract used as security pursuant to section 42-7-301 (7) may provide for a different period of time;
or (2) If the director determines that the driver is not responsible for anydamages to anyother partyas a result of the accident CRASH , the driver may:
or (2) If the director determines that the driver is not responsible for any damages to any other party as a result of the accidentthe driver may:
PAGE 43-HOUSE BILL 26-1237 SECTION80.
SECTION 80.
InColoradoRevisedStatutes,42-7-304,amend(1), (2), and (3)(a) as follows:
In Colorado Revised Statutes, 42-7-304, amend (1), (2), and (3)(a) as follows:
42-7-304.
-53- 1237 42-7-304.
(1) Security deposited in compliance with the requirements of section 42-7-301 shallST be placed by the director in the custody of the state treasurer and shallT be applied only to the payment of a judgment rendered against the person on whose behalf the deposit was made, for damages arising out of the accidentSH in question in an action at law begun not later than one year after the date of such accident CRASH .Suchdepositoranybalancethereofshall MUST bereturnedtothe depositor or the depositor's personal representative, or the person designated by either of them, when evidence satisfactory to the director hasbeenfiledwiththedirectorthattherehasbeenareleasefromliability, or a final adjudication of nonliability, or a warrant for confession of judgment, or a duly acknowledged agreement, or whenever, after the expiration of one year fromthe date of the accidentorwithinone year after the date of deposit of any security, the director shall be given reasonableevidencethatthereisnosuchactionpendingandnojudgment rendered in such action left unpaid.
(1) Security deposited in compliance with the requirements of section 42-7-301 shallMUST be placed bythe director in the custodyof the statetreasurerandshall MUST beappliedonlytothepaymentofajudgment rendered against the person on whose behalf the deposit was made, for damages arising out of the accidentCRASH in question in an action at law begun not later than one year after the date of such accidentRASH .
(2) Thedirectormayreducetheamountofsecurityorderedinany case within six months after the date of the accident if, in the director's judgment, the amount originally ordered is excessive.
Such depositoranybalancethereofshall MUST bereturnedtothedepositororthe depositor's personal representative, or the person designated by either of them, when evidence satisfactory to the director has been filed with the director that there has been a release from liability, or a final adjudication of nonliability, or a warrant for confession of judgment, or a duly acknowledged agreement, or whenever, after the expiration of one year from the date of the accident CRASH , or within one year after the date of depositof anysecurity, the director shall begivenreasonableevidencethat thereisnosuchactionpendingandnojudgmentrenderedinsuchactionleft unpaid.
In case thesecurityoriginallyorderedhasbeendeposited,theexcessdepositover the reduced amount ordered shallST be returned immediately to the depositor or the depositor's personal representative, regardless of any other provisions of this articleLE 7.
(2) The director may reduce the amount of security ordered in any case within six months after the date of the accident CRASH if, in the director's judgment, the amount originallyordered is excessive.
(3) (a) It is the duty of any person having a claim against the securitydeposited under the provisions of section42-7-301,onorbefore the expiration of one year from the date of the accidentto notify -54- 1237 thedirectorinwritingunderoaththattherehasbeenareleaseofliability, or a final adjudication of nonliability, or a warrant for confession of judgment, or a duly acknowledged agreement or that there is no action pending and no judgment rendered in any such action left unpaid or of any action taken on said claim which has not been finally determined.
In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall MUST be returned immediately to the depositororthedepositor'spersonalrepresentative,regardless of anyother provisions of this articleTICLE 7.
SECTION 81.
(3)(a) Itisthedutyofanypersonhavingaclaimagainstthesecurity deposited under the provisions of section 42-7-301, on or before the expiration of one year from the date of the accidentCRASH , to notify the director in writing under oath that there has been a release of liability, or a final adjudication of nonliability, or a warrant for confession of judgment, oradulyacknowledgedagreementorthatthereisnoactionpendingandno judgment rendered in any such action left unpaid or of anyaction taken on said claim which has not been finally determined.
In Colorado Revised Statutes, 42-7-403, amend (1) introductory portion, (1)(a), (1)(b), (1)(c), and (3) as follows:
SECTION81.
InColoradoRevised Statutes,42-7-403,amend(1) PAGE 44-HOUSE BILL 26-1237 introductory portion, (1)(a), (1)(b), (1)(c), and (3) as follows:
(1) EveryjudgmentreferredtointhisarticleTICLE7andforthe purposes of this article shall beE 7IS deemed satisfied:
(1) Every judgment referred to in this articleRTICLE 7 and for the purposes of this article shall beRTICLE 7IS deemed satisfied:
(a) Whentwenty-fivethousanddollarshasbeencrediteduponany judgment rendered in excess of that amount for or on account of bodily injury to or the death of one person as the result of any one accident or CRASH ;
(a) When twenty-five thousand dollars has been credited upon any judgment rendered in excess of that amount for or on account of bodily injury to or the death of one person as the result of any one accident or CRASH ;
(b) When, subject to said limit of twenty-five thousand dollars as to one person, the sum of fifty thousand dollars has been credited upon any judgment rendered in excess of that amount for or on account of bodily injury to or the death of more than one person as the result of any one accident orRASH ;
(b) When, subject to saidlimitof twenty-fivethousanddollarsas to one person, the sum of fifty thousand dollars has been credited upon any judgment rendered in excess of that amount for or on account of bodily injury to or the death of more than one person as the result of any one accident or CRASH ;
(c) When fifteen thousand dollars has been credited upon any judgment rendered in excess of that amount for damage to property of others in excess of one hundred dollars as a result of anyone accident or CRASH ;
(c) When fifteen thousand dollars has been credited upon any judgment rendered in excess of that amount for damage to property of others in excess of one hundred dollars as a result of any one accident or CRASH ;
(3) Wheneverpaymenthasbeenmadeinsettlementofanyclaims for bodilyinjury,death,orpropertydamage arising froma motor vehicle accidentCRASH resulting in injury, death, or property damage to two or more persons in such accidentASH, any such payment shaMUST be -55- 1237 credited in reduction of the amounts provided for in this section.
(3) Whenever payment has been made in settlement of any claims for bodily injury, death, or property damage arising from a motor vehicle accident CRASH resulting in injury, death, or property damage to two or more persons in such accident CRASH , any such payment shall MUST be credited in reduction of the amounts provided for in this section.
SECTION82.
SECTION 82.
InColoradoRevisedStatutes,amend42-7-405as follows:
In Colorado Revised Statutes, amend 42-7-405 as follows:
After one judgment is satisfied and proof of financial responsibility is given as required in this article7 and another such judgment is rendered against the judgment debtor for any accident CRASH occurring prior to the date of the giving of said proof and such person fails to satisfythe latter judgment within the amounts specified in this articleTICLE 7 within thirtydays after the same becomes final, the directorshallagainsuspendthelicenseofsuchjudgmentdebtorandshall not renew the same nor issue to the judgment debtor any license while suchlatterjudgmentremainsineffectandunsatisfiedwithintheamounts specified in this articleCLE 7.
After one judgment is satisfied and proof of financial responsibility is given as required in this articleTICLE 7 and another such judgment is rendered against the judgment debtor for any accident CRASH occurring prior to the date of the giving of said proof and such person fails to satisfy the latter judgment within the amounts specified in this articleRTICLE 7 within thirty days after the same becomes final, the director shall again PAGE 45-HOUSE BILL 26-1237 suspend the license of such judgment debtor and shall not renew the same nor issue to the judgment debtor any license while such latter judgment remainsineffectandunsatisfiedwithintheamountsspecifiedinthisarticle ARTICLE 7.
Proofoffinancialresponsibility - methods of giving proof - duration - exception.
Proof of financial responsibility - methods of giving proof - duration - exception.
(1) (c) Notwithstanding the three-year requirement in paragraph (b) of this subsection (1)ECTION (1)(bOF THIS SECTION:
(1)(c) Notwithstandingthethree-yearrequirementinparagraph(b) of this subsection (1)SUBSECTION (1)(b) OF THIS SECTION :
(I) If an insured has been found guilty of DUI, DUI per se, or DWAI or if the insured's license has been revoked pursuant to section 42-2-126,otherthanarevocationundersection42-2-126(3)(b)or(3)(e), onlyonetimeandnoaccident CRASH wasinvolvedinsuchoffense,proof of financial responsibility for the future shall beequired to be maintained only for as long as the insured's driving privilege is ordered tobeunderrestraint,uptoamaximumof threeyears.Thetimeperiodfor -56- 1237 maintaining the future proof of liability insurance shaBEGINSiat the time the driver reinstates his or herVER S driving privilege.
(I) IfaninsuredhasbeenfoundguiltyofDUI,DUIperse,orDWAI or if the insured's license has been revoked pursuant to section 42-2-126, other than a revocation under section 42-2-126 (3)(b) or (3)(e), only one time and no accident CRASH was involved in such offense, proof of financial responsibility for the future shall beSrequired to be maintained only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years.
SECTION 84.
The time period for maintaining the future proof of liability insurance shall begin BEGINS at the time the driver reinstates his or herHE DRIVER 'S driving privilege.
In Colorado Revised Statutes, 42-7-412, amend (1) introductory portion, (1)(a), and (1)(c) as follows:
SECTION84.
InColoradoRevisedStatutes,42-7-412,amend(1) introductory portion, (1)(a), and (1)(c) as follows:
(1) The nonresident owner of a foreign vehicle maygive proof of financial responsibility by filing with the director a written certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle described in such certificate is registered or if such nonresident does not own a motor vehicle then in the state in which the insuredresidesandotherwiseconformingtotheprovisionsof thisarticle ARTICLE7,andthedirectorshallacceptthesameuponconditionthatsaid insurance carrier complies with the following provisions of this section:
(1) The nonresident owner of a foreign vehicle may give proof of financial responsibilitybyfilingwiththedirectorawrittencertificate of an insurance carrier authorized to transact business in the state in which the motor vehicle described in such certificate is registered or if such nonresident does not own a motor vehicle then in the state in which the insured resides and otherwise conforming to the provisions of this article ARTICLE 7, and the director shall accept the same upon condition that said insurance carrier complies with the following provisions of this section:
(a) Said insurance carrier shall execute a power of attorney authorizingthedirectortoacceptserviceonitsbehalfofnoticeorprocess in any action arising out of a motor vehicle accidentin this state.
(a) Said insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process PAGE 46-HOUSE BILL 26-1237 in any action arising out of a motor vehicle accident CRASH in this state.
(c) Said insurance carrier shall also agree to accept as final and binding anyfinal judgment of anycourt of competent jurisdiction in this state duly rendered in any action arising out of a motor vehicle accident CRASH.
(c) Said insurance carrier shall also agree to accept as final and binding any final judgment of any court of competent jurisdiction in this state duly rendered in any action arising out of a motor vehicle accident CRASH .
SECTION 85.
SECTION85.
In Colorado Revised Statutes, 42-7-421, amend (1) introductory portion and (1)(c) as follows:
In ColoradoRevisedStatutes,42-7-421,amend(1) introductory portion and (1)(c) as follows:
(1) Thedirector,uponrequest,shallcancelanybondorreturnany certificate of insurance, or the director shall direct and the state treasurer shall return to the person entitled thereto any money or securities -57- 1237 deposited pursuant to this articleARTICLE 7 as proof of financial responsibility, or waive the requirement of filing proof of financial responsibility in any of the following events:
(1) The director, upon request, shall cancel any bond or return any certificate of insurance, or the director shall direct and the state treasurer shallreturntothe person entitled thereto anymoneyorsecuritiesdeposited pursuant to this articleARTICLE 7 as proof of financial responsibility, or waive the requirement of filing proof of financial responsibility in any of the following events:
(c) In the event the person who has given proof of financial responsibility surrenders the person's license to the director, but the director shall not release such proof in the event any action for damages uponaliabilityreferredtointhisarticleRTICLE 7is then pending orany judgmentuponanysuchliabilityisthenoutstandingandunsatisfiedorin the event the director has received notice that such person has within the period of three months immediately preceding been involved as a driver in anymotor vehicle accidentRASH .
(c) In the event the person who has given proof of financial responsibilitysurrenderstheperson'slicensetothedirector,butthedirector shall not release such proof in the event any action for damages upon a liabilityreferredtointhisarticle ARTICLE 7isthenpendingoranyjudgment upon any such liability is then outstanding and unsatisfied or in the event the director has received notice that such person has within the period of threemonthsimmediatelyprecedingbeeninvolvedasadriverinanymotor vehicle accident CRASH .
An affidavit of the applicant of the nonexistence of such facts shall ISsufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
An affidavit of the applicant of the nonexistence of such facts shall be IS sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
SECTION 86.
SECTION86.
In Colorado Revised Statutes, 42-7-502, amend (4) as follows:
InColoradoRevisedStatutes, 42-7-502,amend(4) as follows:
(4) Upon receipt of certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motorvehicleaccident CRASH orforfailuretodepositsecurityandfurnish a statement evidencing that the resident is insured under an automobile liabilityinsurance policyor bond or for failure to file and maintain proof of financial responsibility, under circumstances which would require the director to suspend a nonresident's operating privilege had the accident CRASH occurredinthisstate,thedirectorshallsuspendthelicenseofsuch -58- 1237 resident.
(4) Upon receipt of certification that the operating privilege of a resident of this state has been suspended or revoked in anysuch other state pursuant to a law providing for its suspension or revocation for failure to PAGE 47-HOUSE BILL 26-1237 depositsecurityforthepaymentofjudgmentsarisingoutofamotorvehicle accident CRASH or for failure to deposit security and furnish a statement evidencing that the resident is insured under an automobile liability insurance policy or bond or for failure to file and maintain proof of financial responsibility, under circumstances which would require the director to suspend a nonresident's operating privilege had the accident CRASH occurred in this state, the director shall suspend the license of such resident.
Such suspension shall continue until such resident furnishes evidence of compliance with the law of such other state relating to the deposit of such security and until such resident furnishes the statement evidencing automobile liability insurance or a bond, or, as the case may be, files proof of financial responsibility, if required by such law.
Such suspension shall continue until such resident furnishes evidence of compliance with the law of such other state relating to the deposit of such security and until such resident furnishes the statement evidencing automobile liabilityinsuranceorabond,or,asthe case maybe, files proof of financial responsibility, if required by such law.
SECTION87.
SECTION 87.
InColoradoRevisedStatutes,amend42-7-504as follows:
In Colorado Revised Statutes, amend 42-7-504 as follows:
(1) Except as provided in subsection (2) of this section, neither action taken by the director pursuant to this articleCLE 7, any judgment or court decision on appeal therefrom, the findings of the director in such action, nor the security deposited, statement evidencing automobileliabilityinsuranceorbond,orproofoffinancialresponsibility filed as provided in this articleCLE 7 shall be referred to nor be evidence of the negligence or due care of either partyof an action at law to recover damages or in a criminal proceeding arising out of a motor vehicle accidentRASH .
(1) Except as provided in subsection (2) of this section, neither actiontakenbythedirectorpursuanttothisarticle ARTICLE 7,anyjudgment or court decision on appeal therefrom, the findings of the director in such action,northesecuritydeposited,statementevidencingautomobileliability insurance or bond, or proof of financial responsibility filed as provided in this articleRTICLE 7 shall be referred to nor be evidence of the negligence or due care of either party of an action at law to recover damages or in a criminal proceeding arising out of a motor vehicle accident CRASH .
This section shall not applyto an action brought by the director to enforce the provisions of this article.
This section shall not apply to an action brought by the director to enforce the provisions of this articleRTICLE 7.
(2) For the purposes of anycivil trial, civil hearing, or arbitration heldinrelationtouninsuredorunderinsuredmotoristinsurancecoverage wherethequestionoftheexistenceofautomobileliabilityinsuranceisan issue or when the amount of such insurance is an issue, the director shall issue, upon request, a certificate under seal.
(2) For the purposes of any civil trial, civil hearing, or arbitration held in relation to uninsured or underinsured motorist insurance coverage where the question of the existence of automobile liability insurance is an issue or when the amount of such insurance is an issue, the director shall issue, upon request, a certificate under seal.
The certificate shall contain the motor vehicle operator's name, address, date of birth, and driver's license number;
The certificate shall MUST contain the motor vehicle operator's name, address, date of birth, and driver's license number;
the date of the accident and a statement indicating whether or not the records indicate that the owner or operator had in effect at the time of the accident an effective automobile -59- 1237 liabilitypolicyand,ifsuchapolicywasineffect,theamountofcoverage, the name of the insurer, and the number of the policy.
the date of the accident CRASH ;
Such certificate shall beIS prima facie evidence of the facts contained therein.
and a statement indicatingwhetherornottherecordsindicatethattheowneroroperatorhad in effect at the time of the accidentASH an effective automobile liability policyand,if suchapolicywasineffect,theamountof coverage,thename of the insurer, and the number of the policy.
The director shall collect for each such certificate an amount sufficient to defraythecostsofadministrationofthissection.SuchamountshallMUST be included as a cost of the action.
Such certificate shall be IS PAGE 48-HOUSE BILL 26-1237 prima facie evidence of the facts contained therein.
SECTION 88.
The director shall collect for each such certificate an amount sufficient to defray the costs of administrationofthissection.Suchamountshall MUST beincludedasacost of the action.
In Colorado Revised Statutes, 42-7-510, amend (1) and (2)(a) as follows:
SECTION88.
InColoradoRevisedStatutes,42-7-510,amend (1) and (2)(a) as follows:
(1) An owner of a truck that is subject to the registration fee imposed pursuant to section 42-3-306 (5)(b) or (7) and that is not subject to article 10.1 of title 40, C.R.S.,re operating or permitting the operation of the vehicle upon a public highwayin this state, shall have in eachvehicleamotorvehicleliabilitypolicyoracertificateevidencingthe policyissued byan insurance carrier or insurer authorized to do business in Colorado, or a copy of a valid certificate of self-insurance issued pursuant to section 10-4-624, C.R.S.,r a surety bond issued by a company authorized to do a surety business in Colorado in the sum of fifty thousand dollars for damages to property of others;
(1) An owner of a truck that is subject to the registration fee imposedpursuanttosection42-3-306(5)(b)or(7)andthatisnotsubjectto article 10.1 of title 40, C.R.S.,ore operating or permitting the operation ofthevehicleuponapublichighwayinthisstate,shallhaveineachvehicle a motor vehicle liabilitypolicyor a certificate evidencing the policyissued byan insurance carrier or insurer authorized to do business in Colorado, or a copy of a valid certificate of self-insurance issued pursuant to section 10-4-624, C.R.S., or a suretybond issued bya companyauthorized to do a suretybusinessinColoradointhesumoffiftythousanddollarsfordamages topropertyof others;thesumofonehundredthousanddollarsfordamages for or on account of bodily injury or death of one person as a result of any one accident CRASH ;
the sum of one hundred thousand dollars for damages for or on account of bodily injury ordeathofonepersonasaresultof anyoneaccident CRASH ;and,subject to such limit as to one person, the sum of three hundred thousand dollars for or on account of bodily injury to or death of all persons as a result of any one accidentRASH .
and, subject to such limit as to one person, the sum of threehundredthousanddollarsfororonaccountofbodilyinjurytoordeath of all persons as a result of any one accidentASH .
(2) (a) Everyowner of a motor vehicle designed and used for the nonemergency transportation of individuals with disabilities as defined in paragraph (b) of this subsection (2)SUBSECTION (2)(b)OF THIS -60- 1237 SECTION , before operating or permitting the operation of such vehicle upon any public highway in this state, shall file with the department a certificateevidencingamotorvehicleliabilityinsurancepolicyissuedby an insurance carrier or insurer authorized to do business in the state of Colorado or a suretybond issued bya companyauthorized to do a surety business in the state of Colorado with a minimum sum of fifty thousand dollarsfordamagestopropertyofothers;aminimumsumofonehundred thousand dollars for damages for or on account of bodily injury or death of one person as a result of anyone accident;
(2) (a) Every owner of a motor vehicle designed and used for the nonemergency transportation of individuals with disabilities as defined in paragraph (b) of this subsection (2)SUBSECTION (2)(b) OF THIS SECTION , beforeoperatingorpermittingtheoperationofsuchvehicleuponanypublic highwayinthisstate,shallfile with thedepartmentacertificateevidencing a motor vehicle liability insurance policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado or a surety bond issued by a company authorized to do a surety business in the state of Colorado with a minimum sum of fifty thousand dollars for damages to property of others;
and, subject to such limitastooneperson,aminimumsumof threehundredthousanddollars for or on account of bodily injury to or death of all persons as a result of any one accidentRASH .
a minimum sum of one hundred thousand dollars for damagesfororonaccountofbodilyinjuryordeathofonepersonasaresult of any one accident CRASH ;
SECTION 89.
and, subject to such limit as to one person, a minimumsumofthreehundredthousanddollarsfororonaccountofbodily injury to or death of all persons as a result of any one accidentSH .
PAGE 49-HOUSE BILL 26-1237 SECTION 89.
(1) Information provided by insurers and the department for inclusion in the database established pursuant to section 42-7-604 is the propertyoftheinsurerorthedepartment,asthecasemaybe,andmaynot be disclosed except as follows:
(1) Information provided by insurers and the department for inclusion in the database established pursuant to section 42-7-604 is the property of the insurer or the department, as the case may be, and may not be disclosed except as follows:
(b) Thedepartmentshalldisclosewhetheramotorvehiclehasthe required insurance coverage upon request by the following individuals and agencies only:
(b) The department shall disclose whether a motor vehicle has the required insurance coverageuponrequestbythe following individuals and agencies only:
(VI) Any person suffering loss or injury in a motor vehicle accidentCRASH ,butonlyaspartofanaccidentACRASH reportauthorized in part 16 of article 4 of this title or SECTION 90.
(VI) Anypersonsufferinglossor injuryin a motor vehicleaccident CRASH , but onlyas part of an accidenACRASH report authorized in part 16 of article 4 of this titleE 42;
or SECTION 90.
-61- 1237 42-13-101.
42-13-101.
Scopeandeffectofarticle-exceptiontoprovisions.
Scope and effect of article - exception to provisions.
ThisarticleshallapplyRTICLE 13APPLIEStoallpersonalproperty acquired or held by a law enforcement agency in the course of motor vehicle law enforcement or related highway duties and under circumstances supporting a reasonable belief that such property was abandoned, lost, stolen, or otherwise illegally possessed, including property left in abandoned vehicles or at vehicle accidentRASH locations, unclaimed property obtained by a search and seizure, and unclaimedpropertyusedasevidenceinanycriminaltrial,exceptforsuch other personal property as shall beosed of in a different manner in accordance with other Colorado statutes.
This article shall applyTICLE 13 APPLIES to all personal property acquired or held by a law enforcement agency in the course of motor vehiclelawenforcementorrelatedhighwaydutiesandundercircumstances supporting a reasonable belief that such property was abandoned, lost, stolen, or otherwise illegally possessed, including property left in abandoned vehicles or at vehicle accident CRASH locations, unclaimed propertyobtained by a search and seizure, and unclaimed propertyused as evidence in any criminal trial, except for such other personal property as shall be disposed of in a different manner in accordance with other Colorado statutes.
In Colorado RevisedStatutes,42-20-203,amend (2) as follows:
InColoradoRevisedStatutes,42-20-203,amend(2) as follows:
(2) In the event of an accident CRASH involving hazardous materials, the operator of the motor vehicle shall provide the shipping paperstotheemergencyresponseauthoritiesdesignatedinorpursuantto article 22 of title 29 C.R.S.,mmediately bring to their attention the fact that the motor vehicle is carrying hazardous materials.
(2) In the event of an accident OR CRASH involving hazardous PAGE 50-HOUSE BILL 26-1237 materials, the operator of the motor vehicle shall provide the shipping papers to the emergency response authorities designated in or pursuant to article22oftitle29C.R.S., andimmediatelybringtotheirattentionthefact that the motor vehicle is carrying hazardous materials.
Nothing in part 1, 2, or 3 of this article shall limit 20 LIMITS the authority of state and local authorities to close public roads temporarilyifnecessarybecauseofanyroadconstructionormaintenance, an accidentOR CRASH, a natural disaster, the weather conditions, or any other emergency circumstances resulting in making road conditions -62- 1237 unsafe for travel by motor vehicles transporting hazardous materials.
Nothing in part 1,2,or3of thisarticleshall limitTICLE 20 LIMITS the authorityof stateand local authorities to close public roads temporarily if necessary because of any road construction or maintenance, an accident OR CRASH , a natural disaster, the weather conditions, or any other emergency circumstances resulting in making road conditions unsafe for travel by motor vehicles transporting hazardous materials.
Motorcycleoperatorsafetytrainingprogram-rules.
Motorcycle operator safety training program - rules.
(1) (b) The office shall promulgateOPT rules establishing standardsforMOSTvendorstoprovidetrainingservices.Theofficeshall promulgate ADOPT rules establishing a system to record program performance data, including information on motorcycle accidents CRASHES , injuries, and fatalities among persons who have completed the program.
(1) (b) The office shall promulgate ADOPT rules establishing standards for MOST vendors to provide training services.
SECTION94.
The office shall promulgate ADOPT rules establishing a system to record program performancedata,includinginformationonmotorcycleaccidents CRASHES , injuries, and fatalities among persons who have completed the program.
InColoradoRevisedStatutes,amend43-5-506as follows:
SECTION 94.
In Colorado Revised Statutes, amend 43-5-506 as follows:
Notwithstanding section 24-1-136 (11)(a)(I), no later than September 1 of each year, the department of public safety shall report to the legislative audit committee and the house and senate transportation committees, or their successor committees.
Notwithstandingsection24-1-136(11)(a)(I),nolaterthanSeptember 1of eachyear,thedepartmentof publicsafetyshallreporttothelegislative audit committee and the house and senate transportation committees, or their successor committees.
The report must comment on the effectiveness of the program, annual motorcycle accidents or fatalities, availability of training throughout the state, historic and current training costs, and other performance measures.
The report must comment on the effectiveness of the program, annual motorcycle accidents CRASHES or fatalities, availability of training throughout the state, historic and current training costs, and other performance measures.
SECTION95.
PAGE 51-HOUSE BILL 26-1237 SECTION 95.
InColoradoRevisedStatutes,44-30-1301,amend (1)(b)(IV)(H) as follows:
In Colorado Revised Statutes, 44-30-1301, amend (1)(b)(IV)(H) as follows:
(1) (b) As used in this part 13, unless the context otherwise requires:
(1)(b) Asusedinthispart13,unlessthecontextotherwiserequires:
(IV) "Negative impacts" means impacts that harm, damage, hurt, -63- 1237 interfere with, or undermine the eligible local governmental entity, and include, but are not limited to:
(IV) "Negative impacts" means impacts that harm, damage, hurt, interfere with, or undermine the eligible local governmental entity, and include, but are not limited to:
(H) Increased traffic and traffic accidents;
(H) Increased traffic and traffic accidentsRASHES ;
(1) Except as otherwise provided in this section, this act takes effect at 12:01 a.m.
(1) Exceptasotherwiseprovidedinthissection,thisacttakeseffect at 12:01 a.m.
on the dayfollowing the expiration of the ninety-day periodafterfinaladjournmentof thegeneralassembly(August12,2026, if adjournment sine die is on May13, 2026);
on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendum petitionisfiledpursuanttosection1(3)ofarticleVofthestateconstitution against this act or an item, section, or part of this act within such period, thentheact,item,section,orpartwillnottakeeffectunlessapprovedbythe people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(2) Section 67 of this act takes effect only if House Bill 26-1127 does not become law, in which case section 67 takes effect on the applicable effective date of this act.
PAGE 52-HOUSE BILL 26-1237 (2) Section 67 of this act takes effect only if House Bill 26-1127 does not become law, in which case section 67 takes effect on the applicable effective date of this act.
-64- 1237
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 53-HOUSE BILL 26-1237
⬇ Download PDF
View plain text versions (7)

Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Passed - No Amendments

  7. Senate Committee on Transportation & Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole

  8. Introduced In Senate - Assigned to Transportation & Energy

  9. House Third Reading Passed - No Amendments

  10. House Second Reading Special Order - Passed with Amendments - Committee

  11. House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole

  12. Introduced In House - Assigned to Transportation, Housing & Local Government

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 18 co-sponsors · 80 not signed on

Sponsors (3)

Co-sponsors (18)

Not signed on (80)

80 members have not signed on to this bill.

Show all 80 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 33 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 19002
Republican 9001
Unaffiliated 5000
Total 33003
% of votes cast 92%0%0%8%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Not Voting
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Not Voting
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Not Voting
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Refer House Bill 26-1237 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 3000
Democrat 5001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Not Voting
Matt Ball Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Byron Pelton Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea

Official roll call →

Refer House Bill 26-1237, as amended, to the Committee of the Whole.

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 7002
Republican 4000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Amy Paschal Democrat Yea
Andrew Boesenecker Democrat Not Voting
Elizabeth Velasco Democrat Not Voting
Jacque Phillips Democrat Yea
Jamie Jackson Democrat Yea
Kenny Nguyen Democrat Yea
Mandy Lindsay Democrat Yea
Meg Froelich Democrat Yea
Rebekah Stewart Democrat Yea
Chris Richardson Republican Yea
Larry Don Suckla Republican Yea
Max Brooks Republican Yea
Ron Weinberg Republican Yea

Official roll call →

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1237 do?
The act makes the following changes to transportation- and traffic-related statutes:Clarifies tire, chain, and alternate traction device requirements for use on a state highway by removing references to four-wheel and all-wheel drive; Prohibits an individual from stopping, standing, or parking a vehicle in the portion of a roadway designated as a bike lane, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device;Clarifies that specified officers and authorized employees may move an attended or unattended motor vehicle, vehicle, cargo, or debris that is on a highway right-of-way and that obstructs or impedes traffic or highway maintenance or operations; andUpdates statutory references relating to vehicle or traffic collisions or collisions involving other transportation devices to use the term 'crash' or 'incident' in addition to or in place of the term 'accident' and defines 'crash' to include events involving motor vehicles, vulnerable road users, or other transportation devices.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1237?
HB 1237 is sponsored by D. Roberts, J. Marchman, T. Exum, J. Coleman, Monica Duran (Democrat), Meg Froelich (Democrat), Eliza Hamrick (Democrat), Bob Marshall (Democrat), Kenny Nguyen (Democrat), Manny Rutinel (Democrat), Steven Woodrow (Democrat), W. Lindstedt, Lesley Smith (Democrat), Rick Taggart (Republican), Jennifer Bacon (Democrat), Kyle Brown (Democrat), Michael Carter (Democrat), Mandy Lindsay (Democrat), Amy Paschal (Democrat), Andrew Boesenecker (Democrat), and Julie McCluskie (Democrat).
What is the current status of HB 1237?
This bill has been enacted into law. Introduced February 18, 2026. Enacted.
Where can I track HB 1237?
Track HB 1237 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 1237

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 1237

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →