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First Regular Session Seventy-second General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
HB1207_S_TRA.001 SENATE COMMITTEE OF REFERENCE REPORT _______________________________ April 2, 2019 Chair of Committee Date Committee on Transportation & Energy After consideration on the merits, the Committee recommends the following:
19-0806.01 Jery Payne x2157 HOUSE BILL 19-1207 HOUSE SPONSORSHIP Roberts, Becker, Buentello, Cutter, Esgar, Galindo, Gray, Hansen, Lontine, McCluskie, McLachlan, Michaelson Jenet, Valdez D.
HB19-1207 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
SENATE SPONSORSHIP Donovan and Rankin, House Committees Senate Committees Transportation & Local Government A BILL FOR AN ACT C ONCERNING A REQUIREMENT THAT MOTOR VEHICLES MEET TRACTION -CONTROL STANDARDS FOR WINTER CONDITIONS .
Amend reengrossed bill, page 4, after line 22 insert:
Bill Summary (Note:
"SECTION 2.
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill d passes third reading in the house of introduction, a bill summary that e 1 applies to the reengrossed version of this bill will be available at E a 2 S U 1 http://leg.colorado.gov.) O i h H a r R M Currently, a person is required to use certain traction-control r equipment, such as chains or snow-rated tires, when the Colorado 3 departmentof transportation restrictsroaduseduetoawinterstorm.The bill:
InColoradoRevisedStatutes, 43-2-145, add (10) as follows:
! Allows for current technology and traction options;
43-2-145.
n d 1 ! Sets minimum standards for tires;
Transportation legislation review - committee - definition - repeal.
and E e 2 U d 8 O 2 c Shading denotes HOUSE amendment.
(10) (a) I2019 INTERIM BETWEEN THE FIRST REGULARSESSIONOFTHESEVENTY -SECONDGENERALASSEMBLYANDTHE SECONDREGULARSESSIONOFTHESEVENTY -SECONDGENERALASSEMBLY , THE DEPARTMENT OF TRANSPORTATION AND THE COLORADO STATE PATROL,IN COORDINATION WITH THE COMMITTEE ,SHALL MEET WITH STAKEHOLDERS TO DISCUSS OPTIONS AND METHODS OF TRACTION CONTROLENFORCEMENT ,INCLUDINGTHELEGALITYANDFEASABILITYOF PHYSICALINSPECTIONCHECKPOINTS,ONPASSENGERVEHICLESOPERATING ONINTERSTATE 70BETWEENMILEPOST 133(DOTSERO )ANDMILEPOST 259 (MORRISON ).N ACCORDANCE WITH THIS PROCES,THE DEPARTMENT OF TRANSPORTATIONANDTHE C OLORADOSTATEPATROLSHALLDETERMINE WHETHER THE BEST SOLUTION IS FOR THE DEPARTMENT OF TRANSPORTATIONTOPROPOSERULESORTORECOMMENDLEGISLATIONTO THE COMMITTEE .
Double underlining denotes SENATE amendment.
B Y SEPTEMBER 1, 2019, THE DEPARTMENT OF TRANSPORTATION AND THE COLORADO STATE PATROL SHALL REPORT THEIR RECOMMENDATIONS TO THE COMMITTEE .
H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.M Dashes through the words indicate deletions from existing statute.
(b) TISSUBSECTION (10ISREPEALED EFFECTIVEJULY 1,2020.".
e m A ! Requires the traction equipment to be carried on I-70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 and used when icy or snow-packed conditions are present.
*HB1207_S_TRA.001* Renumber succeeding section accordingly.
Be it enacted by the General Assembly of the State of Colorado:
** *** ** *** ** *HB1207_S_TRA.001* -2-
SECTION 1.
In Colorado Revised Statutes, 42-4-106, amend (5)(a)(I);
and add (5)(c) as follows:
42-4-106.
Whomayrestrictrighttousehighways-definitions - repeal.
(5) (a) (I) (A) The department of transportation shall also have authority toAY close any portion of a state highway to public travel or to prohibit the use thereof unless motor vehicles using the same are equipped with tire chains, four-wheel drive with adequate tires for the existing conditions, or snow tires with a "mud and snow" or all weather rating from the manufacturer having a tread of sufficient abrasive or skid-resistant design or composition and depth to provide adequate traction under existing driving conditions during storms or when other dangerousdrivingconditionsexistorduringconstructionormaintenance operationswheneverthedepartmentconsiderssuchclosingorrestriction of use necessary for the protection and safety of the public.
Such prohibitionOR PUBLIC USE DURING DANGEROUS DRIVING CONDITIONS , DURING CONSTRUCTION OR MAINTENANCE OPERATIONS , OR WHEN NECESSARY FOR THE PROTECTION AND SAFETY OF THE PUBLIC.
(B) W HEN ICY OR SNOW -PACKED CONDITIONS EXIST ON THE HIGHWAY THEDEPARTMENTOFTRANSPORTATIONMAYRESTRICTTRAVEL ONORUSEOFANYPORTIONOFASTATEHIGHWAYBYANYMOTORVEHICLE UNLESS THE MOTOR VEHICLE IS EQUIPPED WITH THE FOLLOWING :
TIRE CHAINS OR AN ALTERNATE TRACTION DEVICE ;FOUR-WHEEL DRIVE WITH -2- 1207 TIRES THAT HAVE A TREAD DEPTH OF AT LEAST THREE SIXTEENTHS OF AN INCH AND THAT ARE ADEQUATE FOR THE CONDITION;ALL-WHEEL DRIVE WITH TIRES THAT HAVE A TREAD DEPTH OF AT LEAST THREE SIXTEENTHS OF AN INCH AND THAT ARE ADEQUATE FOR THE CONDITIONS;
OR TIRES THAT ARE IMPRINTED BY A MANUFACTURER WITH A MOUNTAIN -SNOWFLAKE ,"M&S","M+S", OR"M/S" SYMBOLORTHATARE ALL-WEATHER RATED BY THE MANUFACTURER AND THAT HAVE A TREAD DEPTH OF AT LEAST THREE SIXTEENTHS OF AN IN.H (C) A CLOSURE or restriction of use shall UNDER THIS SUBSECTION (5ISeffectivewhensigns,includingtemporaryorelectronic signs,givingnoticethereofATNOTIFYTHEPUBLICOFTHECLOSUREOR RESTRICTION are erected upon such portion oTHEahighway, and it shall be unlawful to proceed in violation of such noticeTHE RESTRICTIONINSUBSECTION (5)(a)(I)(OFTHISSECTIONISEFFECTIVEON INTERSTATE 70BETWEEN MILEPOST 133 (OTSERO )AND MILEPOST 259 (M ORRISON)FROM SEPTEMBER 1 THROUGH MAY 31 OF EACH YEAR.T IS UNLAWFUL TO PROCEED WHEN A STATE HIGHWAY IS CLOSED OR TO PROCEED WHEN A RESTRICTION IS IN EFFECT WITHOUT THE EQUIPMENT REQUIRED BY THIS SUBSECTION(5).
(D) TheColoradostatepatrolshallcooperatewiththedepartment of transportation in the enforcement of any suchng or restriction of use.
"Tire chains", as used in this subsection (5), means metal chains which consist of two circular metal loops, one on each side of the tire, connected bynotlessthannineevenlyspaced chains across the tire tread and any other traction devices differing from such metal chains in construction, material, or design but capable of providing traction equal toorexceedingthatofsuchmetalchainsundersimilarconditionsDER -3- 1207 THIS SUBSECTION(5).
(E) The operatorDRIVER of a commercial vehicle with four or more drive wheels, other than a bus, shall affix tire chains toat least four ofthedrivewheeltiresofsuchvehiclewhensuch THE vehicleisrequired to be equipped with tire chains under this subsection (5).
The operator DRIVER of a bus shall affix tire chains to at least two of the drive wheel tires of such vehiclen such THE vehicle is required to be equipped with tire chains under this subsection (5).
(F) APERSONWHOVIOLATESTHISSUBSECTION (5)(a)(ICOMMITS A TRAFFIC INFRACTION AND IS SUBJECT TO THE PENALTIES IN SECTION 42-4-1701 (4)(a)(I)(F).
(c) AS USED IN THIS SUBSECTIO(5):
(I) "A LTERNATE TRACTION DEVICE "MEANS A DEVICE THAT IS APPROVED BY THE C OLORADO DEPARTMENT OF TRANSPORTATION AS CAPABLE OF PROVIDING TRACTION COMPARABLE TO THAT OF METAL CHAINS OR TIRE CABLES UNDER SIMILAR CONDITION.
(II) "EUIPPED"MEANSTHATAMOTORVEHICLEUSESORCARRIES THE APPROPRIATE TRACTION EQUIPMENT FOR ICY OR SNOW -PACKED CONDITIONS .
(III) "TRE CHAINS"MEANS METAL CHAINS CONSISTING OF TWO CIRCULAR METAL LOOPS ,ONE ON EACH SIDE OFTHE TIRCONNECTED BY NO FEWER THAN NINE EVENLY SPACED CHAINS ACROSS THE TIRE TREAD.
SECTION 2.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3, 2019);
except that, if a referendum petition is filed pursuant to section 1 -4- 1207 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed on or after the applicable effective date of this act.
-5- 1207