Transportation Safety Modifications

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0658.01 Rebecca Bayetti x4348 HOUSE BILL 26-1237
House Committees Senate Committees
Transportation, Housing & Local Government Transportation & Energy
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO SELECT STATUTORY PROVISIONS TO101
IMPROVE TRANSPORTATION SAFETY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes the following changes to statutes to improve
transportation and traffic safety:
! Clarifies tire, chain, and alternate traction device
requirements on a state highway by removing references to
four-wheel and all-wheel drive (section 1 of the bill);
! Prohibits an individual from stopping, standing, or parking
SENATE
3rd Reading Unamended
April 8, 2026
SENATE
2nd Reading Unamended
April 7, 2026
HOUSE
3rd Reading Unamended
March 12, 2026
HOUSE
Amended 2nd Reading
March 11, 2026
HOUSE SPONSORSHIP
Smith and Taggart, Bacon, Boesenecker, Brown, Cart er, Duran, Froelich, Hamrick,
Lindsay, Marshall, McCluskie, Nguyen, Paschal, Rutinel, Woodrow
SENATE SPONSORSHIP
Lindstedt, Coleman, Exum, Marchman, Roberts
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
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).
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-106, amend2
(5)(a)(I)(B) as follows:3
42-4-106. Who may restrict right to use highways - definitions4
- rules.5
(5) (a) (I) (B) When icy or snow-packed conditions exist on the6
highway, the department of transportation may restrict travel on or use of7
any portion of a state highway by a motor vehicle unless the motor8
vehicle is equipped with the following: Tire chains or an alternate traction9
device; four-wheel drive with OR tires that have a tread depth of at least10
three sixteenths of an inch and that are imprinted by a manufacturer with11
a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are12
all-weather rated by the manufacturer. or all-wheel drive with tires that13
have a tread depth of at least three sixteenths of an inch and that are14
imprinted by a manufacturer with a mountain-snowflake, "M&S", "M+S",15
or "M/S" symbol or that are all-weather rated by the manufacturer.16
SECTION 2. In Colorado Revised Statutes, 42-4-1204, add17
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(1)(j.5) as follows:1
42-4-1204. Stopping, standing, or parking prohibited in2
specified places - penalty.3
(1) Except as otherwise provided in subsection (4) of this section,4
no person shall stop, stand, or park a vehicle, except when necessary to5
avoid conflict with other traffic or in compliance with the directions of a6
police officer or an official traffic control device, in any of the following7
places:8
(j.5) IN THE PORTION OF A ROADWAY DESIGNATED AS A BIKE LANE;9
SECTION 3. In Colorado Revised Statutes, 42-4-1803, amend10
(2) as follows:11
42-4-1803. Abandonment of motor vehicles - public property.12
(2) Whenever any sheriff, undersheriff, deputy sheriff, police13
officer, marshal, Colorado state patrol officer, agent of the Colorado14
bureau of investigation, or agency employee finds a motor vehicle,15
vehicle, cargo, or debris, attended or unattended, standing upon any16
portion of a highway right-of-way in such a manner as to constitute an17
obstruction OR IMPEDIMENT to traffic or proper highway maintenance OR18
OPERATIONS, such officer or agency employee is authorized to cause the19
motor vehicle, vehicle, cargo, or debris to be moved to eliminate any such20
obstruction OR IMPEDIMENT; and neither the officer, the agency employee,21
nor anyone acting under the direction of such officer or employee shall22
be IS liable for any damage to such motor vehicle, vehicle, cargo, or23
debris occasioned by such removal. The removal process is intended to24
clear the obstruction OR IMPEDIMENT, but such activity should create as25
little damage as possible to the vehicle, or cargo, or both. No AN agency26
employee shall NOT cause any motor vehicle to be moved unless such27
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employee has obtained approval from a local law enforcement agency of1
a municipality, county, or city and county, the Colorado bureau of2
investigation, or the Colorado state patrol.3
SECTION 4. In Colorado Revised Statutes, 13-21-113.7, amend4
(2)(a)(I) as follows:5
13-21-113.7. Immunity of volunteer firefighters, volunteers,6
incident management teams, and their employers or organizations -7
definitions - legislative declaration.8
(2) As used in this section:9
(a) "Emergency" means any incident to which a response by a fire10
department or incident management team is appropriate or requested,11
including, without limitation:12
(I) A fire, fire alarm response, motor vehicle accident CRASH,13
rescue call, or hazardous materials incident;14
SECTION 5. In Colorado Revised Statutes, 13-21-115.5, amend15
(5) as follows:16
13-21-115.5. Volunteer service act - immunity - exception for17
operation of motor vehicles - exception for helicopter search and18
rescue - short title - legislative declaration - definitions.19
(5) Notwithstanding the provisions of subsection (4) of this20
section, a plaintiff may sue and recover civil damages from a volunteer21
based upon a negligent act or omission involving the operation of a motor22
vehicle during an activity; except that the amount recovered from such23
volunteer shall MUST not exceed the limits of applicable insurance24
coverage maintained by or on behalf of such volunteer with respect to the25
negligent operation of a motor vehicle in such circumstances. However,26
nothing in this section shall be construed to limit LIMITS the right of a27
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plaintiff to recover from a policy of uninsured or underinsured motorist1
coverage available to the plaintiff as a result of a motor vehicle accident2
CRASH.3
SECTION 6. In Colorado Revised Statutes, 13-80-102, amend4
(2) as follows:5
13-80-102. General limitation of actions - two years.6
(2) A civil action for a wrongful death against a defendant who7
committed vehicular homicide, as described in section 18-3-106, C.R.S.,8
and, as part of the same criminal episode, committed the offense of9
leaving the scene of an accident A CRASH that resulted in the death of a10
person, as described in section 42-4-1601 (2)(c), C.R.S., regardless of the11
theory upon which suit is brought, or against whom suit is brought, must12
be commenced within four years after the cause of action accrues, and not13
thereafter.14
SECTION 7. In Colorado Revised Statutes, 16-5-401, amend15
(1)(a) and (1)(a.5) as follows:16
16-5-401. Limitation for commencing criminal proceedings,17
civil infraction proceedings, and juvenile delinquency proceedings -18
definitions.19
(1) (a) Except as otherwise provided by statute applicable to20
specific offenses, delinquent acts, or circumstances, no adult person or21
juvenile shall be prosecuted, tried, or punished for any offense or22
delinquent act unless the indictment, information, complaint, or petition23
in delinquency is filed in a court of competent jurisdiction or a summons24
and complaint or penalty assessment notice is served upon the defendant25
or juvenile within the period of time after the commission of the offense26
or delinquent act as specified below:27
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Murder, kidnapping, treason, any sex offense1
against a child, and any forgery regardless of the2
penalty provided:3 No limit
Attempt, conspiracy, or solicitation to commit4
murder; attempt, conspiracy, or solicitation to5
commit kidnapping; attempt, conspiracy, or6
solicitation to commit treason; attempt, conspiracy,7
or solicitation to commit any sex offense against a8
child; and attempt, conspiracy, or solicitation to9
commit any forgery regardless of the penalty10
provided:11 No limit
Vehicular homicide, except as described in12
subsection (1)(a.5) of this section; leaving the13
scene of an accident A CRASH that resulted in the14
death of a person:15 Five years
Other felonies:16 Three years
Misdemeanors:17 Eighteen months
Class 1 and 2 misdemeanor traffic offenses:18 One year
Petty offenses:19 Six months
(a.5) The period of time during which an adult person or juvenile20
may be prosecuted for the offense of vehicular homicide, as described in21
section 18-3-106, C.R.S., and leaving the scene of an accident A CRASH22
that resulted in the death of a person, as described in section 42-4-160123
(2)(c), C.R.S., when both offenses are alleged to have occurred as part of24
the same criminal episode in the same indictment, information, complaint,25
or petition in delinquency filed in a court of competent jurisdiction is ten26
years.27
SECTION 8. In Colorado Revised Statutes, 18-3-106, amend28
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(4)(e) as follows:1
18-3-106. Vehicular homicide.2
(4) (e) Any person who is dead or unconscious shall MUST be3
tested to determine the alcohol or drug content of his THE PERSON'S blood4
or any drug content of his THE PERSON 'S system as provided in this5
subsection (4). If a test cannot be administered to a person who is6
unconscious, hospitalized, or undergoing medical treatment because the7
test would endanger the person's life or health, the law enforcement8
agency shall MUST be allowed to test any blood, urine, or saliva which9
was obtained and not utilized by a health-care provider and shall MUST10
have access to that portion of the analysis and results of any tests11
administered by such provider which shows the alcohol or drug content12
of the person's blood or any drug content within his THE PERSON'S system.13
Such test results shall ARE not be considered privileged communications14
and the provisions of section 13-90-107 C.R.S., relating to the15
physician-patient privilege shall DO not apply. Any person who is dead,16
in addition to the tests prescribed, shall MUST also have his THE PERSON'S17
blood checked for carbon monoxide content and for the presence of18
drugs, as prescribed by the department of public health and environment.19
Such information obtained shall MUST be made a part of the accident20
CRASH report.21
SECTION 9. In Colorado Revised Statutes, 18-3-205, amend22
(4)(e) as follows:23
18-3-205. Vehicular assault.24
(4) (e) Any person who is dead or unconscious shall MUST be25
tested to determine the alcohol or drug content of his THE PERSON'S blood26
or any drug content of his THE PERSON 'S system as provided in this27
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subsection (4). If a test cannot be administered to a person who is1
unconscious, hospitalized, or undergoing medical treatment because the2
test would endanger the person's life or health, the law enforcement3
agency shall MUST be allowed to test any blood, urine, or saliva which4
was obtained and not utilized by a health-care provider and shall MUST5
have access to that portion of the analysis and results of any tests6
administered by such provider which shows the alcohol or drug content7
of the person's blood or any drug content within his THE PERSON'S system.8
Such test results shall ARE not be considered privileged communications,9
and the provisions of section 13-90-107 C.R.S., relating to the10
physician-patient privilege shall DO not apply. Any person who is dead,11
in addition to the tests prescribed, shall MUST also have his THE PERSON'S12
blood checked for carbon monoxide content and for the presence of13
drugs, as prescribed by the department of public health and environment.14
Such information obtained shall MUST be made a part of the accident15
CRASH report.16
SECTION 10. In Colorado Revised Statutes, 18-3.5-108, amend17
(5)(e) as follows:18
18-3.5-108. Aggravated vehicular unlawful termination of19
pregnancy - definitions.20
(5) (e) Any person who is dead or unconscious shall MUST be21
tested to determine the alcohol or drug content of his or her THE PERSON'S22
blood or any drug content of his or her THE PERSON'S system as provided23
in this subsection (5). If a test cannot be administered to a person who is24
unconscious, hospitalized, or undergoing medical treatment because the25
test would endanger the person's life or health, the law enforcement26
agency shall MUST be allowed to test any blood, urine, or saliva that was27
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obtained and not utilized by a health-care provider and shall MUST have1
access to that portion of the analysis and results of any tests administered2
by the provider that show the alcohol or drug content of the person's3
blood or any drug content within his or her THE PERSON'S system. Such4
test results shall ARE not be considered privileged communications, and5
the provisions of section 13-90-107 C.R.S., relating to the6
physician-patient privilege shall DO not apply. Any person who is dead,7
in addition to the tests prescribed, shall MUST also have his or her THE8
PERSON'S blood checked for carbon monoxide content and for the9
presence of drugs, as prescribed by the department of public health and10
environment. Any information obtained shall MUST be made a part of the11
law enforcement officer's accident CRASH report.12
SECTION 11. In Colorado Revised Statutes, 18-8-104, amend13
(1)(a) and (2.5)(a) as follows:14
18-8-104. Obstructing a peace officer, firefighter, emergency15
medical service provider, rescue specialist, or volunteer.16
(1) (a) A person commits obstructing a peace officer, firefighter,17
emergency medical service provider, rescue specialist, or volunteer when,18
by using or threatening to use violence, force, physical interference, or an19
obstacle, such person knowingly obstructs, impairs, or hinders the20
enforcement of the penal law or the preservation of the peace by a peace21
officer, acting under color of his or her official authority; knowingly22
obstructs, impairs, or hinders the prevention, control, or abatement of fire23
by a firefighter, acting under color of his or her official authority;24
knowingly obstructs, impairs, or hinders the administration of medical25
treatment or emergency assistance by an emergency medical service26
provider or rescue specialist, acting under color of his or her official27
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authority; or knowingly obstructs, impairs, or hinders the administration1
of emergency care or emergency assistance by a volunteer, acting in good2
faith to render such care or assistance without compensation at the place3
of an emergency or accident OR CRASH.4
(2.5) If a person is alleged to have committed the offense5
described in subsection (1)(a) or (1)(b) of this section by using or6
threatening to use an unmanned aircraft system as an obstacle, the offense7
does not apply if the person who operates the unmanned aircraft system:8
(a) Obtains permission to operate the unmanned aircraft system9
from a law enforcement agency or other entity that is coordinating the10
response of peace officers, firefighters, emergency medical service11
providers, rescue specialists, or volunteers to an emergency or accident12
CRASH;13
SECTION 12. In Colorado Revised Statutes, 24-4.1-102, amend14
(4)(a)(II) as follows:15
24-4.1-102. Definitions.16
As used in this part 1, unless the context otherwise requires:17
(4) (a) "Compensable crime" means:18
(II) An act in violation of section 42-4-1402 C.R.S., that results19
in the death or bodily injury of another person or section 42-4-1601,20
C.R.S., where the accident CRASH results in the death or bodily injury of21
another person.22
SECTION 13. In Colorado Revised Statutes, 24-4.1-302, amend23
(1)(cc.6) as follows:24
24-4.1-302. Definitions.25
As used in this part 3, and for no other purpose, including the26
expansion of the rights of any defendant:27
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(1) "Crime" means any of the following offenses, acts, and1
violations as defined by the statutes of the state of Colorado, whether2
committed by an adult or a juvenile:3
(cc.6) Failure to stop at the scene of an accident A CRASH , in4
violation of section 42-4-1601, where the accident CRASH results in the5
death or serious bodily injury of another person;6
SECTION 14. In Colorado Revised Statutes, 24-33.5-203,7
amend (1)(b) as follows:8
24-33.5-203. Duties of executive director and patrol.9
(1) (b) Except as otherwise provided in section 40-10.1-108 (1),10
C.R.S., the executive director has the duty to establish, for motor carriers11
as defined in section 42-4-235, C.R.S., reasonable requirements to12
promote safety of operation and, to that end, to prescribe qualifications13
and maximum hours of service of employees and minimum standards of14
equipment and for the operation of commercial vehicles as defined in15
section 42-4-235. C.R.S. For the purpose of carrying out the provisions16
of this section pertaining to safety, the executive director may enlist the17
assistance of any agency of the United States or of this state having18
special knowledge of any matter as may be necessary to promote the19
safety of operation and equipment of motor vehicles as provided in this20
section. In adopting such rules, the executive director shall use as general21
guidelines the standards contained in the current rules of the United States22
department of transportation relating to explosives and other dangerous23
articles, safety regulations, qualifications of drivers, driving of motor24
vehicles, parts and accessories, recording and reporting of accidents25
CRASHES, hours of service of drivers, and inspection and maintenance of26
motor vehicles. The state patrol shall enforce or aid in enforcing all of27
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such rules.1
SECTION 15. In Colorado Revised Statutes, 24-33.5-212,2
amend (1)(e) as follows:3
24-33.5-212. Powers and duties of officers.4
(1) All officers of the Colorado state patrol have all the powers of5
any peace officer to:6
(e) Investigate traffic accidents CRASHES and make reports thereof7
to the chief and make such reports to the department of transportation and8
department of revenue as these departments may require, but the reports9
required to be made to the chief in this paragraph (e) shall SUBSECTION10
(1)(e) ARE not be public records and shall be ARE for the confidential use11
of the Colorado state patrol;12
SECTION 16. In Colorado Revised Statutes, 24-33.5-416.7,13
amend (1)(a), (1)(b), (2)(b), (3)(a), (3)(b) introductory portion, (3)(b)(I),14
(3)(c), (3)(e)(II), (4) introductory portion, and (4)(a) as follows:15
24-33.5-416.7. Medina alert program - legislative declaration16
- definitions - rules.17
(1) The general assembly hereby finds that:18
(a) A person who kills or inf licts a serious bodily injury upon a19
person during a motor vehicle accident CRASH and flees the scene poses20
a serious and imminent threat to the safety of the public;21
(b) When a person kills or inflicts a serious bodily injury upon a22
person during a motor vehicle accident CRASH and flees the scene, the23
first few hours after the act are critically important to apprehending the24
person; and25
(2) As used in this section, unless the context otherwise requires:26
(b) "Hit-and-run accident CRASH" means an incident when the27
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driver of a vehicle involved in an accident A CRASH fails to stop at the1
scene of the accident CRASH as required by section 42-4-1601. C.R.S.2
(3) (a) To facilitate the immediate apprehension of persons who3
kill or cause serious bodily injury to another person during a hit-and-run4
accident CRASH, there is created the Medina alert program to be5
implemented by the bureau on and after January 1, 2015. The program is6
a coordinated effort among the bureau, law enforcement agencies, and the7
state's public and commercial television and radio broadcasters.8
(b) Using procedures established by rules promulgated ADOPTED9
pursuant to subsection (4) of this section, a law enforcement agency may10
notify the bureau after verifying that:11
(I) A person has been killed or has suffered serious bodily injury12
during a hit-and-run accident CRASH; and13
(c) Upon receipt of a notice from a law enforcement agency that14
a person has been killed or has suffered serious bodily injury during a15
hit-and-run accident CRASH and there is additional information16
concerning the suspect or the suspect's vehicle, the bureau, using17
procedures established by rules promulgated ADOPTED pursuant to18
subsection (4) of this section, shall confirm the accuracy of the19
information and issue a Medina alert.20
(e) A Medina alert must include:21
(II) A statement instructing anyone with information related to the22
hit-and-run accident CRASH to contact his or her THEIR local law23
enforcement agency; and24
(4) On or before January 1, 2015, the executive director of the25
department of public safety shall promulgate ADOPT rules in accordance26
with the "State Administrative Procedure Act", article 4 of this title TITLE27
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24, for the implementation of the program. The rules shall MUST include1
but need not be limited to:2
(a) Procedures for a law enforcement agency to use to notify the3
bureau that a person has been killed or has suffered serious bodily injury4
during a hit-and-run accident CRASH and there is additional information5
concerning the suspect or the suspect's vehicle;6
SECTION 17. In Colorado Revised Statutes, 24-33.5-516,7
amend (2)(d) as follows:8
24-33.5-516. Study marijuana implementation.9
(2) To be included in the study, the division or contractor must10
have data for each of the two-year periods described in subsection (1) of11
this section. The study must include information concerning:12
(d) Traffic accidents CRASHES, including fatalities and serious13
injuries related to being under the influence of marijuana;14
SECTION 18. In Colorado Revised Statutes, 24-72-113, amend15
(2)(a) as follows:16
24-72-113. Limit on retention of passive surveillance records17
- definition.18
(2) (a) The custodian, as defined in section 24-72-202, may only19
access a passive surveillance record beyond the first anniversary after the20
date of the creation of the passive surveillance record, and up to the third21
anniversary after the date of the creation of the passive surveillance22
record, if there has been a notice of claim filed, or an accident, A CRASH,23
or other specific incident that may cause the passive surveillance record24
to become evidence in any civil, labor, administrative, or felony criminal25
proceeding, in which case the passive surveillance record may be26
retained. The custodian shall preserve a record of the reason for which the27
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passive surveillance record was accessed and the person who accessed the1
passive surveillance record beyond the first anniversary after its creation.2
All passive surveillance records must be destroyed after the third3
anniversary after the date of the creation of the passive surveillance4
record unless retention is authorized by this section.5
SECTION 19. In Colorado Revised Statutes, 24-33.5-1505,6
amend (2)(b) as follows:7
24-33.5-1505. Immunity.8
(2) (b) Notwithstanding paragraph (a) of this subsection (2)9
SUBSECTION (2)(a) OF THIS SECTION, a plaintiff may sue and recover civil10
damages from a person or entity specified in said paragraph (a)11
SUBSECTION (2)(a) OF THIS SECTION based upon a negligent act or12
omission involving the operation of a motor vehicle; except that the13
amount recovered from such person or entity shall MUST not exceed the14
limits of applicable insurance coverage maintained by or on behalf of15
such person or entity with respect to the negligent operation of a motor16
vehicle in such circumstances. However, nothing in this section shall be17
construed to limit the right of a plaintiff to recover from a policy of18
uninsured or underinsured motorist coverage available to the plaintiff as19
a result of a motor vehicle accident CRASH.20
SECTION 20. In Colorado Revised Statutes, 25-15-203, amend21
(1)(b)(III) as follows:22
25-15-203. Grounds for approval.23
(1) The board of county commissioners or the governing body of24
the municipality, as the case may be, may approve an application for a25
certificate of designation only upon a finding of all of the following26
factors:27
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(b) The site would not pose a significant threat to the safety of the1
public, taking into consideration:2
(III) The risk of accidents OR CRASHES during the transportation3
of waste to or at the site.4
SECTION 21. In Colorado Revised Statutes, 25-15-505, amend5
(1)(a)(III) as follows:6
25-15-505. Grounds for approval.7
(1) A governing body having jurisdiction shall approve or8
disapprove an application for a hazardous waste incinerator or processor9
site certificate of designation within one hundred eighty days after10
receiving such application. Such governing body having jurisdiction may11
approve an application for a certificate of designation upon a finding of12
all of the following factors:13
(a) That the proposed hazardous waste incinerator or processor14
site would not pose a significant threat to the health or safety of the public15
or the environment, taking into consideration:16
(III) The risk of accidents OR CRASHES occurring during the17
transportation of waste to or at the proposed site;18
SECTION 22. In Colorado Revised Statutes, 30-10-606.5,19
amend (1)(a) as follows:20
30-10-606.5. When autopsy performed - jurisdiction -21
qualifications to perform - definition.22
(1) (a) The coroner shall perform a forensic autopsy or have a23
forensic autopsy performed in accordance with the circumstances in the24
most recent version of the "forensic autopsy performance standards"25
adopted by the national association of medical examiners, when the death26
is apparently nonnatural and occurs in a facility or during services27
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regulated by the department of human services, and when the death is the1
result of an automobile accident CRASH and a hospital physician has not2
documented the extent of the injuries.3
SECTION 23. In Colorado Revised Statutes, 32-1-1002, amend4
(1)(e)(I)(B) as follows:5
32-1-1002. Fire protection districts - additional powers and6
duties - definitions - vegetative fuel removal - rules.7
(1) In addition to the powers specified in section 32-1-1001, the8
board of any fire protection district has the following powers for and on9
behalf of the district:10
(e) In addition to all other fees and charges allowed by this article11
1, to fix and from time to time increase or decrease fees and charges as12
follows, and the board may pledge such revenue for the payment of any13
indebtedness of the district:14
(I) For ambulance or emergency medical services and extrication,15
rescue, or safety services provided in furtherance of ambulance or16
emergency medical services. "Extrication, rescue, or safety services"17
includes but is not limited to any:18
(B) Rescue or extrication of trapped or injured parties at the scene19
of a motor vehicle accident CRASH; and20
SECTION 24. In Colorado Revised Statutes, 33-11-113, amend21
(5)(a)(II) as follows:22
33-11-113. Volunteer activities - qualified immunity - grant23
agreements for land stewardship activities - terms - insurance24
coverage - legislative declaration - scope of section.25
(5) (a) (II) Notwithstanding subsection (2)(a) or (2)(b) of this26
section, a plaintiff may sue and recover civil damages from a volunteer27
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based upon a negligent act or omission involving the operation of a motor1
vehicle during a land stewardship activity; except that the amount2
recovered from the volunteer shall MUST not exceed the limits of3
applicable insurance coverage maintained by or on behalf of the volunteer4
with respect to the negligent operation of a motor vehicle in such5
circumstances. Nothing in this subsection (5)(a)(II) limits the right of a6
plaintiff to recover from a policy of uninsured or underinsured motorist7
coverage available to the plaintiff as a result of a motor vehicle accident8
CRASH.9
SECTION 25. In Colorado Revised Statutes, 33-13-108.1,10
amend (7) and (11) as follows:11
33-13-108.1. Operating a vessel while under the influence -12
definitions.13
(7) Any person who is dead or unconscious shall MUST be tested14
to determine the alcoholic content of the person's blood as provided in15
subsection (4) of this section. In addition to the tests prescribed, the blood16
of a dead person shall MUST be checked for carbon monoxide content and17
for the presence of drugs, as prescribed by the department of public health18
and environment. All information obtained will be made a part of the19
accident INCIDENT report.20
(11) When a peace officer has reasonable grounds to believe that21
a person is operating a vessel while under the influence of alcohol or that22
the operator has been involved in a boating accident INCIDENT resulting23
in injury or death, the peace officer may request the operator to provide24
a sample of the operator's breath for a preliminary screening test. The test25
shall MUST be given using a device approved by the executive director of26
the department of public health and environment as being accurate to27
1237-18-
within ten percent of the actual reading obtained by the officer upon1
administering the test. The results of this preliminary screening test may2
be used for the purpose of deciding whether an arrest should be made and3
whether to administer a test pursuant to paragraph (b) of subsection (4)4
SUBSECTION (4)(b) of this section but shall MUST not be used in any court5
action except to prove that a test was properly authorized pursuant to this6
section. The results of the test shall MUST be made available to the7
operator or the operator's attorney upon request. The preliminary8
screening test shall DOES not constitute the test for the purposes of9
subsection (4) of this section.10
SECTION 26. In Colorado Revised Statutes, 33-14-115, amend11
(1), (2), and (3) as follows:12
33-14-115. Notice of accident or crash.13
(1) The operator of a snowmobile involved in an accident OR14
CRASH resulting in property damage of fifteen hundred dollars or more or15
injuries resulting in hospitalization or death, or some person acting for the16
operator, or the owner of the snowmobile having knowledge of the17
accident OR CRASH shall immediately, by the quickest available means of18
communication, notify an officer of the Colorado state patrol, the sheriff's19
office of the county wherein the accident OR CRASH occurred, or the20
office of the police department of the municipality wherein the accident21
OR CRASH occurred.22
(2) Any law enforcement agency receiving a report of accident OR23
CRASH under this section shall forward a copy thereof to the division24
which shall compile statistics annually based upon such reports.25
(3) Within forty-eight hours after an accident OR CRASH involving26
a snowmobile, the OWNER OF THE VEHICLE OR SOMEONE ACTING FOR THE27
1237-19-
OWNER SHALL REPORT THE accident shall be reported OR CRASH to the1
Denver office of the division. The report shall MUST be made on forms2
furnished by the division. and shall be made by the owner of the vehicle3
or someone acting for him.4
SECTION 27. In Colorado Revised Statutes, 33-14.5-113,5
amend (1), (2), and (3) as follows:6
33-14.5-113. Notice of accident or crash.7
(1) The operator of an off-highway vehicle involved in an8
accident OR CRASH resulting in property damage of fifteen hundred9
dollars or more or injuries resulting in hospitalization or death, or some10
person acting for the operator, or the owner of the off-highway vehicle11
having knowledge of the accident OR CRASH shall immediately, by the12
quickest available means of communication, notify an officer of the13
Colorado state patrol, the sheriff's office of the county wherein the14
accident OR CRASH occurred, or the office of the police department of the15
municipality wherein the accident OR CRASH occurred.16
(2) Any law enforcement agency receiving a report of accident OR17
CRASH under this section shall forward a copy thereof to the division,18
which shall compile statistics annually based upon such reports.19
(3) Within forty-eight hours after an accident OR CRASH involving20
an off-highway vehicle, the OWNER OR OPERATOR OF THE VEHICLE OR21
SOMEONE ACTING FOR THE OWNER OR OPERATOR SHALL REPORT THE22
accident shall be reported OR CRASH to the Denver office of the division.23
The report shall MUST be made on forms furnished by the division. and24
shall be made by the owner or operator of the vehicle or someone acting25
for the owner or operator.26
SECTION 28. In Colorado Revised Statutes, 40-10.1-108,27
1237-20-
amend (2) as follows:1
40-10.1-108. Commission to make safety rules.2
(2) For the purpose of carrying out this section pertaining to3
safety, the commission may obtain the assistance of any agency of the4
United States or of this state having special knowledge of any matter5
necessary to promote the safety of operation and equipment of motor6
vehicles. In adopting such rules, the commission shall use as general7
guidelines the standards contained in the current rules and regulations of8
the United States department of transportation relating to safety9
regulations, qualifications of drivers, driving of motor vehicles, parts and10
accessories, recording and reporting of accidents AND CRASHES, hours of11
service of drivers, and inspection and maintenance of motor vehicles.12
SECTION 29. In Colorado Revised Statutes, 41-2-102, amend13
(6)(c) as follows:14
41-2-102. Operating an aircraft under the influence -15
operating an aircraft with excessive alcohol content - tests - penalties16
- useful public service program - definition.17
(6) (c) Any person who is dead or unconscious shall MUST be18
tested to determine the alcohol or drug content of his THE PERSON'S blood19
or any drug content within his THE PERSON'S system as provided in this20
subsection (6). If a test cannot be administered to a person who is21
unconscious, hospitalized, or undergoing medical treatment because the22
test would endanger such person's life or health, the law enforcement23
agency shall MUST be allowed to test any blood, urine, or saliva which24
was obtained and not utilized by a health-care provider and shall MUST25
have access to that portion of the analysis and results of any tests26
administered by such provider which shows the alcohol or drug content27
1237-21-
of the person's blood, urine, or saliva or any drug content within his THE1
PERSON'S system. Such test results shall ARE not be considered privileged2
communications, and the provisions of section 13-90-107 C.R.S., relating3
to the physician-patient privilege shall DO not apply. Any person who is4
dead, in addition to the tests prescribed, shall MUST also have his THE5
PERSON'S blood checked for carbon monoxide content and for the6
presence of drugs, as prescribed by the department of public health and7
environment. Such information obtained shall MUST be made a part of the8
accident CRASH report.9
SECTION 30. In Colorado Revised Statutes, 42-1-102, add10
(20.5) as follows:11
42-1-102. Definitions.12
As used in articles 1 to 4 of this title 42, unless the context13
otherwise requires:14
(20.5) "CRASH" MEANS A TRAFFIC, TRANSPORTATION, OR VEHICLE15
COLLISION OR INCIDENT OCCURRING ON PUBLIC OR PRIVATE PROPERTY IN16
THE STATE , INCLUDING EVENTS INVOLVING MOTOR VEHICLES ,17
VULNERABLE ROAD USERS AS DEFINED IN SECTION 42-4-1402.5 (1), OR18
OTHER TRANSPORTATION DEVICES.19
SECTION 31. In Colorado Revised Statutes, 42-1-206, amend20
(2)(a) as follows:21
42-1-206. Records open to inspection - furnishing of copies -22
rules.23
(2) (a) Except as provided in subsection (6) of this section, upon24
written application and the payment of a fee per copy, or a record search25
for each copy requested, the department shall furnish to any person a26
photostatic copy of any specified record or accident CRASH report27
1237-22-
specifically made a public record by this title and shall, if requested,1
certify the same. The department shall set the fee in accordance with2
section 42-2-114.5. The department shall transfer the fee to the state3
treasurer, who shall credit the fee to the Colorado DRIVES vehicle4
services account created in section 42-1-211 (2).5
SECTION 32. In Colorado Revised Statutes, amend 42-1-208 as6
follows:7
42-1-208. Information on crashes - published.8
The department shall receive accident CRASH reports required to9
be made by law and shall tabulate and analyze such reports and publish10
annually, or at more frequent intervals, statistical information based11
thereon as to the number, cause, and location of highway accidents12
CRASHES. The statistical information shall MUST be issued in accordance13
with the provisions of section 24-1-136. C.R.S.14
SECTION 33. In Colorado Revised Statutes, amend 42-1-216 as15
follows:16
42-1-216. Destruction of obsolete records.17
The department is empowered to destroy or otherwise dispose of18
all obsolete motor and other vehicle records, number plates, and badges19
after the same have been in its possession for twelve calendar months; but20
all records of accidents CRASHES must be preserved by the department for21
a period of six years.22
SECTION 34. In Colorado Revised Statutes, 42-2-111, amend23
(3)(b) as follows:24
42-2-111. Examination of applicants and drivers - when25
required.26
(3) (b) If a fatal motor vehicle accident CRASH involving one or27
1237-23-
more licensed drivers or minor drivers occurs, the department, if deemed1
appropriate, shall mail a written notice to all such drivers involved in the2
accident CRASH requiring such drivers to submit to examination. If the3
department has not mailed a written notice to any driver involved in a4
fatal accident CRASH within ninety days after the department receives5
notice regarding such accident CRASH, the department shall not require an6
examination of such driver based upon such accident CRASH.7
SECTION 35. In Colorado Revised Statutes, 42-2-121, amend8
(2)(a) and (2)(c)(I)(A) as follows:9
42-2-121. Records to be kept by department - admission of10
records in court.11
(2) (a) The department shall also file all accident CRASH reports,12
abstracts of court records of convictions received by it under the laws of13
this state, departmental actions, suspensions, restrictions, revocations,14
denials, cancellations, reinstatements, and other permanent records and,15
in connection therewith, maintain a driver's history by making suitable16
notations in order that an individual record of each licensee showing the17
convictions of such licensee, the departmental actions, and the traffic18
accidents CRASHES in which the licensee has been involved, except those19
accidents CRASHES not resulting in a conviction and those traffic20
violations which occur outside of the boundaries of this state, shall be21
readily ascertainable and available for the consideration of the department22
upon any application for renewal of license and at other suitable times.23
(c) (I) The following records and documents filed with,24
maintained by, or prepared by the department are official records and25
documents of the state of Colorado:26
(A) Accident CRASH reports;27
1237-24-
SECTION 36. In Colorado Revised Statutes, 42-2-121.5, amend1
(3) as follows:2
42-2-121.5. Emergency contact information - website form -3
license application - driver's license database.4
(3) An officer of a law enforcement or public safety agency who5
is authorized to access the driver's license database may obtain a person's6
emergency contact information from the database if the person is injured7
or killed as a result of an accident, CRASH, criminal act, or other8
emergency situation. The officer may contact the persons listed in the9
emergency contact information and notify them of the emergency10
situation and the condition and location of the person who has been11
injured or killed.12
SECTION 37. In Colorado Revised Statutes, 42-2-125, amend13
(1)(l) as follows:14
42-2-125. Mandatory revocation of license and permit.15
(1) The department shall immediately revoke the license or permit16
of any driver or minor driver upon recei ving a record showing that the17
driver has:18
(l) Been found to have knowingly and willfully left the scene of19
an accident A CRASH involving a commercial motor vehicle driven by the20
person;21
SECTION 38. In Colorado Revised Statutes, 42-2-127, amend22
(1)(a) and (5)(a) as follows:23
42-2-127. Authority to suspend license - to deny license - type24
of conviction - points.25
(1) (a) Except as provided in paragraph (b) of subsection (8)26
SUBSECTION (8)(b) of this section, the department has the authority to27
1237-25-
suspend the license of any driver who, in accordance with the schedule1
of points set forth in this section, has been convicted of traffic violations2
resulting in the accumulation of twelve points or more within any twelve3
consecutive months or eighteen points or more within any twenty-four4
consecutive months, or, in the case of a minor driver eighteen years of age5
or older, who has accumulated nine points or more within any twelve6
consecutive months, or twelve points or more within any twenty-four7
consecutive months, or fourteen points or more for violations occurring8
after reaching the age of eighteen years, or, in the case of a minor driver9
under the age of eighteen years, w ho has accumulated more than five10
points within any twelve consecutive months or more than six points for11
violations occurring prior to reaching the age of eighteen years; except12
that the accumulation of points causing the subjection to suspension of13
the license of a chauffeur who, in the course of employment, has as a14
principal duty the operation of a motor vehicle shall be IS sixteen points15
in one year, twenty-four points in two years, or twenty-eight points in four16
years, if all the points are accumulated while said chauffeur is in the17
course of employment. Any provision of this section to the contrary18
notwithstanding, the license of a chauffeur who is convicted of DUI, DUI19
per se, DWAI, UDD, or leaving the scene of an accident shall A CRASH20
MUST be suspended in the same manner as if the offense occurred outside21
the course of employment. Whenever a minor driver under the age of22
eighteen years receives a summons for a traffic violation, the minor's23
parent or legal guardian or, if the minor is without parents or guardian,24
the person who signed the minor driver's application for a license shall25
MUST immediately be notified by the court from which the summons was26
issued.27
1237-26-
(5) Point system schedule:1
Type of conviction Points2
(a) Leaving scene of accident CRASH .................... 123
SECTION 39. In Colorado Revised Statutes, 42-2-127.1, amend4
(3) as follows:5
42-2-127.1. Driving improvement course - points waiver -6
rules - definitions - notice to revisor of statutes - repeal.7
(3) To obtain approval of a driving improvement course, a8
commercial driving school must apply to the department in the manner9
specified in rules promulgated under subsection (2)(a) of this section and10
must demonstrate that the driving improvement course provides education11
in the traffic laws of this state, recognition of hazardous traffic situations,12
and traffic accident CRASH prevention.13
SECTION 40. In Colorado Revised Statutes, 42-2-127.9, amend14
(1)(a) and (7)(c)(I) as follows:15
42-2-127.9. Authority to suspend driver's license - leaving the16
scene of a crash.17
(1) (a) The department may suspend the driver's license of any18
person upon the department's determination that there is proof by a19
preponderance of the evidence that the person was the driver of a vehicle20
directly involved in an accident A CRASH resulting in serious bodily injury21
to or death of any person and failed to immediately stop the vehicle at the22
scene of the accident CRASH, or as close to the scene as possible, or23
immediately return to the scene of the accident CRASH, as required by24
section 42-4-1601.25
(7) (c) (I) When a license is suspended under subsection (1)(a) of26
this section, the sole issue at the hearing shall be IS whether, based on a27
1237-27-
preponderance of the evidence, the person was the driver of a vehicle1
directly involved in an accident A CRASH resulting in serious bodily injury2
to or death of any person and failed to immediately stop the vehicle at the3
scene of the accident CRASH, or as close to the scene as possible, or4
immediately return to the scene of the accident CRASH as required by5
section 42-4-1601. If the presiding hearing officer finds in the affirmative6
on that issue, the suspension order shall MUST be sustained and the7
presiding hearing officer shall then consider whether or not to issue a8
probationary license in accordance with subsection (9) of this section. If9
the presiding hearing officer finds in the negative on that issue, the10
suspension order shall MUST be rescinded.11
SECTION 41. In Colorado Revised Statutes, 42-2-138, amend12
(3) as follows:13
42-2-138. Driving under restraint - penalty - definitions.14
(3) The department, upon receiving a record of conviction or15
accident CRASH report of any person for an offense committed while16
operating a motor vehicle, shall immediately examine its files to17
determine if the license or operating privilege of such person has been18
restrained. If it appears that said offense was committed while the license19
or operating privilege of such person was restrained for a reason other20
than an outstanding judgment, except as permitted by section 42-2-132.5,21
the department shall not issue a new license or grant any driving22
privileges for an additional period of one year after the date such person23
would otherwise have been entitled to apply for a new license or for24
reinstatement of a suspended license and shall notify the district attorney25
in the county where such violation occurred and request prosecution of26
such person under subsection (1) of this section.27
1237-28-
SECTION 42. In Colorado Revised Statutes, 42-2-202, amend1
(2)(a)(VI) as follows:2
42-2-202. Habitual offenders - frequency and type of3
violations.4
(2) (a) An habitual offender is a person having three or more5
convictions of any of the following separate and distinct offenses arising6
out of separate acts committed within a period of seven years:7
(VI) Conviction of the driver of a motor vehicle involved in any8
accident CRASH involving death or personal injuries for failure to perform9
the duties required of such person under section 42-4-1601.10
SECTION 43. In Colorado Revised Statutes, 42-2-206, amend11
(1)(b)(I) introductory portion and (1)(b)(I)(E) as follows:12
42-2-206. Driving after revocation prohibited.13
(1) (b) (I) A person commits the crime of aggravated driving with14
a revoked license if he or she THE PERSON is found to be an habitual15
offender and thereafter operates a motor vehicle in this state while the16
revocation of the department prohibiting such operation is in effect and,17
as a part of the same criminal episode, also commits any of the following18
offenses:19
(E) Violation of any of the requirements specified for accidents20
CRASHES and accident CRASH reports in sections 42-4-1601 to 42-4-1606;21
or22
SECTION 44. In Colorado Revised Statutes, 42-4-110, amend23
(1)(d)(I)(C) as follows:24
42-4-110. Provisions uniform throughout state - legislative25
declaration.26
(1) This article 4 must be applicable and uniform throughout this27
1237-29-
state and in all political subdivisions and municipalities. Cities and1
counties, incorporated cities and towns, and counties shall regulate and2
enforce all traffic and parking restrictions on streets that are state3
highways as provided in section 43-2-135 (1)(g), and all local authorities4
may enact and enforce traffic regulations on other roads and streets within5
their respective jurisdictions. All such regulations are subject to the6
following conditions and limitations:7
(d) (I) Local authorities do not have the power to enact regulations8
governing:9
(C) The duties and obligations of persons involved in traffic10
accidents CRASHES; and11
SECTION 45. In Colorado Revised Statutes, 42-4-118, amend12
(5)(a) and (5)(c) as follows:13
42-4-118. Establishment of wildlife crossing zones - speed limit14
- definition.15
(5) In establishing a lower speed limit within a wildlife crossing16
zone, the department of transportation shall give due consideration to17
factors including, but not limited to, the following:18
(a) The percentage of traffic accidents CRASHES that occur within19
the area that involve the presence of wildlife on the public highway;20
(c) The relative numbers of traffic accidents CRASHES that occur21
within the area during the daytime and evening hours and involve the22
presence of wildlife on the public highway.23
SECTION 46. In Colorado Revised Statutes, 42-4-221, amend24
(12)(b)(II)(A) as follows:25
42-4-221. Bicycle, electric scooter, and personal mobility26
device equipment - penalty - sale of electrical assisted bicycle27
1237-30-
equipment requirements - deceptive trade practice.1
(12) (b) A person shall not advertise, offer for sale, or sell, in a2
store or online, a vehicle that is not an electrical assisted bicycle:3
(II) (A) Using the words "electrical assisted bicycle", "electric4
bike", or "e-bike" or other similar terms without providing the following5
disclosure in clearly legible, written form: "This vehicle is not an6
electrical assisted bicycle as defined in state law pursuant to section7
42-1-102, Colorado Revised Statutes. It is instead a type of motor vehicle8
and subject to applicable motor vehicle laws if used on public roads or9
public lands. Your insurance policies may not provide coverage for10
accidents CRASHES involving the use of this vehicle. To determine11
coverage, you should contact your insurance company or agent."12
SECTION 47. In Colorado Revised Statutes, 42-4-230, amend13
(4) as follows:14
42-4-230. Emergency lighting equipment - who must carry.15
(4) No A motor vehicle operating as a tow truck, as defined in16
section 40-10.1-101 (21), C.R.S., at the scene of an accident A CRASH17
shall NOT move or attempt to move any wrecked vehicle without first18
complying with those sections of the law concerning emergency lighting.19
SECTION 48. In Colorado Revised Statutes, 42-4-235, amend20
(4)(a)(I) as follows:21
42-4-235. Minimum standards for commercial vehicles - motor22
carrier safety fund - created - definitions - rules - penalties.23
(4) (a) (I) Except as described in subsection (4)(a)(III) of this24
section, the chief of the Colorado state patrol shall adopt rules for the25
operation of all commercial vehicles and, as specified in subsection26
(4)(a)(II) of this section, vehicles that would be commercial vehicles but27
1237-31-
for the fact that they have a manufacturer's gross vehicle weight rating or1
gross combination rating of ten thousand one pounds or more but not2
more than sixteen thousand pounds. In adopting the rules, the chief shall3
use as general guidelines the standards contained in the current rules and4
regulations of the United States department of transportation relating to5
safety regulations, qualifications of drivers, driving of motor vehicles,6
parts and accessories, notification and reporting of accidents CRASHES,7
hours of service of drivers, inspection, repair and maintenance of motor8
vehicles, financial responsibility, insurance, and employee safety and9
health standards; except that rules regarding financial responsibility and10
insurance do not apply to a commercial vehicle as defined in subsection11
(1) of this section that is also subject to regulation by the public utilities12
commission under article 10.1 of title 40. On and after September 1,13
2003, all commercial vehicle safety inspections conducted to determine14
compliance with rules promulgated by the chief pursuant to this15
subsection (4)(a) must be performed by an enforcement official, as16
defined in section 42-20-103 (2), who has been certified by the17
commercial vehicle safety alliance, or any successor organization thereto,18
to perform level I inspections.19
SECTION 49. In Colorado Revised Statutes, 42-4-236, amend20
(1)(a.5) as follows:21
42-4-236. Child restraint systems required - definitions -22
exemptions - penalty.23
(1) As used in this section, unless the context otherwise requires:24
(a.5) "Child restraint system" means a specially designed seating25
system that is designed to protect, hold, or restrain a child in a motor26
vehicle in such a way as to prevent or minimize injury to the child in the27
1237-32-
event of a motor vehicle accident CRASH that is either permanently affixed1
to a motor vehicle or is affixed to such vehicle by a safety belt or a2
universal attachment system, and that meets the federal motor vehicle3
safety standards set forth in section 49 CFR 571.213, as amended.4
SECTION 50. In Colorado Revised Statutes, 42-4-237, amend5
(7) as follows:6
42-4-237. Safety belt systems - mandatory use - exemptions -7
penalty - definitions.8
(7) Evidence of failure to comply with the requirement of9
subsection (2) of this section shall be IS admissible to mitigate damages10
with respect to any person who was involved in a motor vehicle accident11
OR CRASH and who seeks in any subsequent litigation to recover damages12
for injuries resulting from the accident CRASH. Such mitigation shall be13
IS limited to awards for pain and suffering and shall MUST not be used for14
limiting recovery of economic loss and medical payments.15
SECTION 51. In Colorado Revised Statutes, 42-4-239, amend16
(1)(a)(II) as follows:17
42-4-239. Use of a mobile electronic device - definitions -18
penalty.19
(1) As used in this section, unless the context otherwise requires:20
(a) "Emergency" means a circumstance in which an individual:21
(II) Reports a fire, a traffic accident CRASH in which one or more22
injuries are apparent, a serious road hazard, a medical or hazardous23
materials emergency, or an individual who is driving in a reckless,24
careless, or unsafe manner.25
SECTION 52. In Colorado Revised Statutes, 42-4-510, amend26
(2)(b) introductory portion and (2)(b)(I) as follows:27
1237-33-
42-4-510. Permits for excess size and weight and for1
manufactured homes - penalty - rules - definitions.2
(2) (b) All applications for permits to move manufactured homes3
over state highways shall MUST comply with the following special4
provisions:5
(I) Each such application shall MUST be for a single trip, a special6
permit, an annual permit, or, subject to the requirements of paragraph (a)7
of subsection (1.5) SUBSECTION (1.5)(a) of this section, an annual fleet8
permit. The application shall MUST be accompanied by a certificate or9
other proof of public liability insurance in amounts of not less than one10
hundred thousand dollars per person and three hundred thousand dollars11
per accident OR CRASH for all manufactured homes moved within this12
state by the permit holder during the effective term of the permit. Each13
application for a single trip permit shall MUST be accompanied by an14
authentication of paid ad valorem taxes on the used manufactured home.15
SECTION 53. In Colorado Revised Statutes, 42-4-808, amend16
(1) as follows:17
42-4-808. Drivers and pedestrians, other than persons in18
wheelchairs, to yield to individuals with disabilities.19
(1) Any pedestrian, other than a person in a wheelchair, or any20
driver of a vehicle who approaches an individual who has an obviously21
apparent disability shall immediately come to a full stop and take such22
precautions before proceeding as are necessary to avoid an accident,23
CRASH, or injury to said individual. A disability shall be IS deemed to be24
obviously appare nt if, by way of example and without limitation, the25
individual is using a mobility device, is assisted by a service animal, as26
defined in section 24-34-301, C.R.S., is being assisted by another person,27
1237-34-
or is walking with an obvious physical impairment. Any person who1
violates any provision of this section commits a class A traffic offense.2
SECTION 54. In Colorado Revised Statutes, 42-4-1101, amend3
(6) as follows:4
42-4-1101. Speed limits.5
(6) The provisions of this section shall not be construed to relieve6
the party alleging negligence under this section in any civil action for7
damages from the burden of proving that such negligence was the8
proximate cause of an accident A CRASH.9
SECTION 55. In Colorado Revised Statutes, 42-4-1301.1,10
amend (8) as follows:11
42-4-1301.1. Expressed consent for the taking of blood, breath,12
urine, or saliva sample - testing - rules - definition.13
(8) Any person who is dead or unconscious shall MUST be tested14
to determine the alcohol or drug content of the person's blood or any drug15
content within such person's system as provided in this section. If a test16
cannot be administered to a person who is unconscious, hospitalized, or17
undergoing medical treatment because the test would endanger the18
person's life or health, the law enforcement agency shall MUST be allowed19
to test any blood, urine, or saliva that was obtained and not utilized by a20
health-care provider and shall MUST have access to that portion of the21
analysis and results of any tests administered by such provider that shows22
the alcohol or drug content of the person's blood, urine, or saliva or any23
drug content within the person's system. Such test results shall ARE not be24
considered privileged communications, and the provisions of section25
13-90-107 C.R.S., relating to the physician-patient privilege shall DO not26
apply. Any person who is dead, in addition to the tests prescribed, shall27
1237-35-
MUST also have the person's blood checked for carbon monoxide content1
and for the presence of drugs, as prescribed by the department of public2
health and environment. Such information obtained shall MUST be made3
a part of the accident CRASH report.4
SECTION 56. In Colorado Revised Statutes, 42-4-1304, amend5
(7) as follows:6
42-4-1304. Samples of blood or other bodily substance - duties7
of department of public health and environment - rules.8
(7) The office of the highway safety coordinator, the department,9
the Colorado state patrol, and the division of criminal justice within the10
department of public safety have access to the results of the tests of11
samples taken as a result of a traffic crash for statistical analysis. The12
division of parks and wildlife has access to the results of the tests of13
samples taken as a result of a boating accident INCIDENT for statistical14
analysis.15
SECTION 57. In Colorado Revised Statutes, 42-4-1409, amend16
(3)(a) as follows:17
42-4-1409. Compulsory insurance - penalty - legislative intent.18
(3) (a) When an accident A CRASH occurs, or when requested to do19
so following any lawful traffic contact or during any traffic investigation20
by a peace officer, an owner or operator of a motor vehicle or low-power21
scooter shall present to the requesting officer immediate evidence of a22
complying policy or certificate of self-insurance in full force and effect23
as required by law.24
SECTION 58. In Colorado Revised Statutes, 42-4-1412, amend25
(13) as follows:26
42-4-1412. Operation of bicycles, electric scooters, and other27
1237-36-
human-powered vehicles.1
(13) Upon request, the law enforcement agency having2
jurisdiction shall complete a report concerning an injury or death incident3
that involves a bicycle, electrical assisted bicycle, or electric scooter on4
the roadways of the state, even if the accident CRASH does not involve a5
motor vehicle.6
SECTION 59. In Colorado Revised Statutes, 42-4-1601, amend7
(1), (1.5), and (2) as follows:8
42-4-1601. Crashes involving death or personal injuries -9
duties.10
(1) The driver of any vehicle directly involved in an accident A11
CRASH resulting in injury to, serious bodily injury to, or death of any12
person shall immediately stop such vehicle at the scene of such accident13
CRASH or as close to the scene as possible or shall immediately return to14
the scene of the accident CRASH. The driver shall then remain at the scene15
of the accident CRASH until the driver has fulfilled the requirements of16
section 42-4-1603 (1). Every such stop shall MUST be made without17
obstructing traffic more than is necessary.18
(1.5) It shall IS not be an offense under this section if a driver,19
after fulfilling the requirements of subsection (1) of this section and of20
section 42-4-1603 (1), leaves the scene of the accident CRASH for the21
purpose of reporting the accident CRASH in accordance with the22
provisions of sections 42-4-1603 (2) and 42-4-1606.23
(2) Any person who violates any provision of this section24
commits:25
(a) A class 1 misdemeanor traffic offense if the accident CRASH26
resulted in injury to any person;27
1237-37-
(b) A class 4 felony if the accident CRASH resulted in serious1
bodily injury to any person; OR2
(c) A class 3 felony if the accident CRASH resulted in the death of3
any person.4
SECTION 60. In Colorado Revised Statutes, amend 42-4-16025
as follows:6
42-4-1602. Crash involving damage - duty.7
(1) The driver of any vehicle directly involved in an accident A8
CRASH resulting only in damage to a vehicle which is driven or attended9
by any person shall immediately stop such vehicle at the scene of such10
accident CRASH or as close thereto as possible but shall immediately11
return to and in every event shall remain at the scene of such accident12
CRASH, except in the circumstances provided in subsection (2) of this13
section, until the driver has fulfilled the requirements of section14
42-4-1603. Every such stop shall MUST be made without obstructing15
traffic more than is necessary. Any person who violates any provision of16
this subsection (1) commits a class 2 misdemeanor traffic offense.17
(2) When an accident A CRASH occurs on the traveled portion,18
median, or ramp of a divided highway and each vehicle involved can be19
safely driven, each driver shall move such driver's vehicle as soon as20
practicable off the traveled portion, median, or ramp to a frontage road,21
the nearest suitable cross street, or other suitable location to fulfill the22
requirements of section 42-4-1603.23
SECTION 61. In Colorado Revised Statutes, amend 42-4-160324
as follows:25
42-4-1603. Duty to give notice, information, and aid.26
(1) The driver of any ve hicle involved in an accident A CRASH27
1237-38-
resulting in injury to, serious bodily injury to, or death of any person or1
damage to any vehicle which is driven or attended by any person shall2
give the driver's name, the driver's address, and the registration number3
of the vehicle he or she THE DRIVER is driving and shall upon request4
exhibit his or her THEIR driver's license to the person struck or the driver5
or occupant of or person attending any vehicle collided with and where6
practical shall render to any person injured in such accident CRASH7
reasonable assistance, including the carrying, or the making of8
arrangements for the carrying, of such person to a physician, surgeon, or9
hospital for medical or surgical treatment if it is apparent that such10
treatment is necessary or if the carrying is requested by the injured person.11
(2) In the event that none of the persons specified are in condition12
to receive the information to which they otherwise would be entitled13
under subsection (1) of this section and no police officer is present, the14
driver of any vehicle involved in such accident CRASH, after fulfilling all15
other requirements of subsection (1) of this section, insofar as possible on16
the driver's part to be performed, shall immediately report such accident17
CRASH to the nearest office of a duly authorized police authority as18
required in section 42-4-1606 and submit thereto the information19
specified in subsection (1) of this section.20
SECTION 62. In Colorado Revised Statutes, amend 42-4-160421
as follows:22
42-4-1604. Duty upon striking unattended vehicle or other23
property.24
The driver of any vehicle which collides with or is involved in an25
accident A CRASH with any vehicle or other property which is unattended26
resulting in any damage to such vehicle or other property shall27
1237-39-
immediately stop and either locate and notify the operator or owner of1
such vehicle or other property of such fact, the driver's name and address,2
and the registration number of the vehicle he or she THE DRIVER is driving3
or attach securely in a conspicuous place in or on such vehicle or other4
property a written notice giving the driver's name and address and the5
registration number of the vehicle he or she THE DRIVER is driving. The6
driver shall also make report of such accident CRASH when and as7
required in section 42-4-1606. Every stop shall MUST be made without8
obstructing traffic more than is necessary. This section shall DOES not9
apply to the striking of highway fixtures or traffic control devices which10
shall be IS governed by the provisions of section 42-4-1605. Any person11
who violates any provision of this section commits a class 2 misdemeanor12
traffic offense.13
SECTION 63. In Colorado Revised Statutes, amend 42-4-160514
as follows:15
42-4-1605. Duty upon striking highway fixtures or traffic16
control devices.17
The driver of any vehicle involved in an accident A CRASH18
resulting only in damage to fixtures or traffic control devices upon or19
adjacent to a highway shall notify the road authority in charge of such20
property of that fact and of the driver's name and address and of the21
registration number of the vehicle he or she THE DRIVER is driving and22
shall make report of such accident CRASH when and as required in section23
42-4-1606. Any person who violates any provision of this section24
commits a class 2 misdemeanor traffic offense.25
SECTION 64. In Colorado Revised Statutes, 42-4-1606, amend26
(1), (3), and (4) as follows:27
1237-40-
42-4-1606. Duty to report crashes.1
(1) The driver of a vehicle involved in a traffic accident CRASH2
resulting in injury to, serious bodily injury to, or death of any person or3
any property damage shall, after fulfilling the requirements of sections4
42-4-1602 and 42-4-1603 (1), give immediate notice of the location of5
such accident CRASH and such other information as is specified in section6
42-4-1603 (2) to the nearest office of the duly authorized police authority7
and, if so directed by the police authority, shall immediately return to and8
remain at the scene of the accident CRASH until said police have arrived9
at the scene and completed their investigation thereat.10
(3) The department may require any driver of a vehicle involved11
in an accident A CRASH of which report must be made as provided in this12
section to file supplemental reports whenever the original report is13
insufficient in the opinion of the department and may require witnesses14
of accidents CRASHES to render reports to the department.15
(4) (a) (I) It is the duty of all law enforcement officers who16
receive notification of traffic accidents CRASHES within their respective17
jurisdictions or who investigate such accidents CRASHES either at the time18
of or at the scene of the accident CRASH or thereafter by interviewing19
participants or witnesses to submit reports of all such accidents CRASHES20
to the department on the form provided, including insurance information21
received from any driver, within five days of the time they receive such22
information or complete their investigation. The law enforcement officer23
shall indicate in such report whether the inflatable restraint system in the24
vehicle, if any, inflated and deployed in the accident. For the purposes of25
this section, "inflatable restraint system" has the same meaning as set26
forth in 49 CFR sec. 507.208 S4.1.5.1 (b).27
1237-41-
(II) Repealed.1
(b) The law enforcement officer shall IS not be required to2
complete an investigation or file an accident A CRASH report:3
(I) In the case of a traffic accident CRASH involving a motor4
vehicle, if the law enforcement officer has a reasonable basis to believe5
that damage to the property of any one person does not exceed one6
thousand dollars and if the traffic accident CRASH does not involve injury7
to or death of any person; except that the officer shall complete an8
investigation and file a report if specifically requested to do so by one of9
the participants or if one of the participants cannot show proof of10
insurance; or11
(II) In the case of a traffic accident OR CRASH not involving a12
motor vehicle, if the traffic accident OR CRASH does not involve serious13
bodily injury to or death of any person.14
SECTION 65. In Colorado Revised Statutes, 42-4-1607, amend15
(1) as follows:16
42-4-1607. When driver unable to give notice or make written17
report.18
(1) Whenever the driver of a vehicle is physically incapable of19
giving an immediate notice of an accident A CRASH as required in section20
42-4-1606 (1) and there was another occupant in the vehicle at the time21
of the accident CRASH capable of doing so, such occupant shall give or22
cause to be given the notice not given by the driver.23
SECTION 66. In Colorado Revised Statutes, amend 42-4-160824
as follows:25
42-4-1608. Crash report forms.26
(1) The department shall prepare and upon request supply to27
1237-42-
police departments, coroners, sheriffs, and other suitable agencies or1
individuals forms for accident CRASH reports required under this article2
ARTICLE 4, which reports shall MUST call for sufficiently detailed3
information to disclose, with reference to a traffic accident CRASH, the4
contributing circumstances, the conditions then existing, and the persons5
and vehicles involved.6
(2) Every required accident CRASH report shall MUST be made on7
a form approved by the department, where such form is available.8
SECTION 67. In Colorado Revised Statutes, amend 42-4-16099
as follows:10
42-4-1609. Coroners to report.11
Every coroner or other official performing like functions shall on12
or before the tenth day of each month report in writing to the department13
the death of any person within such official's jurisdiction during the14
preceding calendar month as the result of an accident A CRASH involving15
a motor vehicle and the circumstances of such accident CRASH.16
SECTION 68. In Colorado Revised Statutes, amend 42-4-161017
as follows:18
42-4-1610. Reports by interested parties confidential.19
All accident CRASH reports and supplemental reports required by20
law to be made by any driver, owner, or person involved in any accident 21
shall be CRASH ARE without prejudice to the individual so reporting and22
shall be ARE for the confidential use of the department; except that the23
department may disclose the identity of a person involved in an accident24
A CRASH when such identity is not otherwise known or when such person25
denies his or her THE PERSON'S presence at such accident CRASH. Except26
as provided in section 42-7-504 (2), no such report shall MAY be used as27
1237-43-
evidence in any trial, civil or criminal, arising out of an accident A CRASH;1
except that the department shall furnish, upon demand of any person who2
has, or claims to have, made such a report or upon demand of any court,3
a certificate showing that a specified accident CRASH report has or has not4
been made to the department solely to prove a compliance or failure to5
comply with the requirement that such a report be made to the6
department. This section shall not be construed to mean that reports of7
investigation or other reports made by sheriffs, police officers, coroners,8
or other peace officers shall be ARE confidential, but the same shall be9
ARE public records and shall be ARE subject to the provisions of section10
42-1-206.11
SECTION 69. In Colorado Revised Statutes, amend 42-4-161112
as follows:13
42-4-1611. Tabulation and analysis of reports.14
The department shall tabulate and may analyze all accident CRASH15
reports and shall publish annually or at more frequent intervals statistical16
information based thereon as to the number and circumstances of traffic17
accidents CRASHES and in such a way that the information may be of18
value to the department of transportation in eliminating roadway hazards.19
The statistical information shall MUST be issued in accordance with the20
provisions of section 24-1-136. C.R.S.21
SECTION 70. In Colorado Revised Statutes, 42-4-1612, amend22
(2) and (3) as follows:23
42-4-1612. Crashes in state highway work areas.24
(2) For purposes of this section, "state highway work area"25
includes any area where an employee of the department of transportation26
is working at the time a fatal accident CRASH occurs.27
1237-44-
(3) Nothing in this section shall be construed to require the1
department of transportation or the Colorado state patrol to specifically2
identify by name any individual killed, injured, or otherwise involved in3
an accident A CRASH.4
SECTION 71. In Colorado Revised Statutes, 42-4-1701, amend5
(5)(c)(I) introductory portion and (5)(c)(I)(C) as follows:6
42-4-1701. Traffic offenses and infractions classified -7
penalties - penalty and surcharge schedule - repeal.8
(5) (c) (I) The penalty and surcharge schedules of subsection (4)9
of this section and the penalty assessment notice provisions of paragraphs10
(a) and (b) of this subsection (5) shall SUBSECTIONS (5)(a) AND (5)(b) OF11
THIS SECTION DO not apply to violations constituting misdemeanors, petty12
offenses, or misdemeanor traffic offenses not specified in said subsection13
(4) of this section nor shall they AND DO NOT apply to the violations14
constituting misdemeanors, petty offenses, misdemeanor traffic offenses,15
or traffic infractions specified in said subsection (4) of this section when16
it appears that:17
(C) The alleged violation has caused, or contributed to the cause18
of, an accident A CRASH resulting in appreciable damage to property of19
another or in injury or death to any person;20
SECTION 72. In Colorado Revised Statutes, 42-4-1705, amend21
(1)(b) and (1)(d) as follows:22
42-4-1705. Person arrested to be taken before the proper23
court.24
(1) Whenever a person is arrested for any violation of this article25
4 punishable as a misdemeanor, the arrested person must be taken without26
unnecessary delay before a county judge who has jurisdiction of such27
1237-45-
offense as provided by law, in any of the following cases:1
(b) When the person is arrested and charged with an offense under2
this article ARTICLE 4 causing or contributing to an accident A CRASH3
resulting in injury or death to any person;4
(d) When the person is arrested upon a charge of failure to stop in5
the event of an accident A CRASH causing death, personal injuries, or6
damage to property;7
SECTION 73. In Colorado Revised Statutes, 42-4-1717, amend8
(1) and (2) as follows:9
42-4-1717. Conviction - attendance at driver improvement10
school - rules.11
(1) Except as otherwise provided in subsection (2) of this section,12
if a person has been convicted of violating this article ARTICLE 4 or any13
other law regulating the operation of motor vehicles other than a violation14
of section 42-4-1301, the court may require the defendant, at the15
defendant's expense, to attend and satisfactorily complete a course of16
instruction at any designated driver improvement school providing17
instruction in: The traffic laws of this state, recognition of hazardous18
traffic situations, and traffic accident CRASH prevention. Upon completion19
of the course, the court may suspend all or a portion of the fine or20
sentence of imprisonment. Unless otherwise provided by law, the school21
must be approved by the court.22
(2) Whenever a minor under eighteen years of age has been23
convicted of violating any provision of this article ARTICLE 4 or other law24
regulating the operation of vehicles on highways, other than a traffic25
infraction, the court shall require the minor to attend and satisfactorily26
complete a course of instruction at any designated driver improvement27
1237-46-
school providing instruction in the traffic laws of this state, instruction in1
recognition of hazardous traffic situations, and instruction in traffic2
accident CRASH prevention. The court shall impose the driver3
improvement school requirement in addition to the penalty provided for4
the violation or as a condition of either the probation or the suspension of5
all or any portion of any fine or sentence of imprisonment for the6
violation. The minor, or the minor's parent or parents who appear in court7
with the minor in accordance with section 42-4-1716 (4), sha ll pay the8
cost of attending the designated driver improvement school. The courts9
shall make available information on scholarships and other financial10
assistance available to help minors or their parents offset the costs of11
driver improvement school. Unless otherwise provided by law, such12
school shall MUST be approved by the court.13
SECTION 74. In Colorado Revised Statutes, 42-4-2402, amend14
(2)(c), (2)(f), (3)(b)(II), and (3)(b)(III) as follows:15
42-4-2402. Event data recorders.16
(2) Event data that is recorded on an event data recorder is the17
personal information of the motor vehicle's owner, and therefore the18
information shall not be retrieved by a person who is not the owner of the19
motor vehicle, except in the following circumstances:20
(c) The data is subject to discovery pursuant to the rules of civil21
procedure in a claim arising out of a motor vehicle accident CRASH;22
(f) A peace officer retrieves the data pursuant to a court order as23
part of an investigation of a suspected violation of a law that has caused,24
or contributed to the cause of, an accident A CRASH resulting in damage25
of property or injury to a person.26
(3) (b) A person authorized to download or retrieve data from an27
1237-47-
event data recorder may release the data in the following circumstances:1
(II) The data is subject to discovery pursuant to the rules of civil2
procedure in a claim arising out of a motor vehicle accident CRASH;3
(III) The data is released pursuant to a court order as part of an4
investigation of a suspected violation of a law that has caused, or5
contributed to the cause of, an accident A CRASH resulting in appreciable6
damage of property or injury to a person;7
SECTION 75. In Colorado Revised Statutes, 42-7-102, amend8
(1), (2)(a) introductory portion, (2)(a)(I), and (2)(a)(III) as follows:9
42-7-102. Legislative declaration.10
(1) The general assembly is acutely aware of the toll in human11
suffering and loss of life, limb, and property caused by negligence in the12
operation of motor vehicles in our state. Although it recognizes that this13
basic problem can be and is being dealt with by direct measures designed14
to protect our people from the ravages of irresponsible drivers, the15
general assembly is also very much concerned with the financial loss16
visited upon innocent traffic accident CRASH victims by negligent17
motorists who are financially irresponsible. In prescribing the sanctions18
and requirements of this article ARTICLE 7, it is the policy of this state to19
induce and encourage all motorists to provide for their financial20
responsibility for the protection of others, and to assure the widespread21
availability to the insuring public of insurance protection against financial22
loss caused by negligent financially irresponsible motorists.23
(2) (a) The general assembly hereby finds that motor vehicle24
accidents CRASHES cause a substantial economic impact in lost wages,25
medical bills, and property destruction exacerbated by the following:26
(I) Some negligent motorists are uninsured or flee the scene of an27
1237-48-
accident CRASH.1
(III) When innocent traffic accident CRASH victims cannot access2
either the negligent driver's automobile liability policy or their own3
uninsured motorist coverage, the burden of the uncompensated losses are4
borne by the taxpayer in the form of taxes for medicaid, by trauma5
facilities in the form of uncompensated hospital-related costs, and by the6
innocent victim.7
SECTION 76. In Colorado Revised Statutes, 42-7-103, amend8
(2) and (14)(a); repeal (1); and add (3.5) as follows:9
42-7-103. Definitions.10
As used in this article 7, unless the context otherwise requires:11
(1) "Accident" means a motor vehicle accident occurring on12
public or private property within this state.13
(2) "Automobile liability policy" or "bond" means a liability14
policy or bond subject, if the accident CRASH has resulted in bodily injury15
or death, to a limit, exclusive of interest and costs, of not less than16
twenty-five thousand dollars because of bodily injury to or death of one17
person in any one accident CRASH and, subject to said limit for one18
person, to a limit of not less than fifty thousand dollars because of bodily19
injury to or death of two or more persons in any one accident CRASH, and,20
if the accident CRASH has resulted in injury to or destruction of property,21
to a limit of not less than fifteen thousand dollars because of injury to or22
destruction of property of others in any one accident CRASH.23
(3.5) "CRASH" MEANS A MOTOR VEHICLE COLLISION OR INCIDENT24
OCCURRING ON PUBLIC OR PRIVATE PROPERTY WITHIN THE STATE ,25
INCLUDING EVENTS INVOLVING MOTOR VEHICLES , VULNERABLE ROAD26
USERS AS DEFINED IN SECTION 42-4-1402.5 (1), OR OTHER27
1237-49-
TRANSPORTATION DEVICES.1
(14) (a) "Proof of financial responsibility for the future", also2
referred to in this article ARTICLE 7 as proof of financial responsibility,3
means proof of ability to respond in damages for liability, on account of4
accidents CRASHES occurring after the effective date of said proof, arising5
out of the ownership, maintenance, or use of a motor vehicle, in the6
amount of twenty-five thousand dollars because of bodily injury to or7
death of one person in any one accident CRASH, and, subject to said limit8
for one person, in the amount of fifty thousand dollars because of bodily9
injury to or death of two or more persons in any one accident CRASH, and10
in the amount of fifteen thousand dollars because of injury to or11
destruction of property of others in any one accident CRASH.12
SECTION 77. In Colorado Revised Statutes, 42-7-301, amend13
(1) introductory portion, (1)(a), (2), (5), and (6) as follows:14
42-7-301. Security and proof of financial responsibility for the15
future required under certain circumstances.16
(1) Unless exempt under section 42-7-302, an operator or owner17
named in an accident A CRASH report required to be filed pursuant to18
section 42-4-1606 shall file with the director, according to the procedure19
provided by this section, both:20
(a) Security, in an amount specified after consideration of the21
accident CRASH report and written substantiation of such report as22
provided in paragraph (b) of subsection (3) SUBSECTION (3)(b) of this23
section, which is sufficient to satisfy any judgments for damages or24
injuries resulting from the accident CRASH as may be recovered against25
such operator or owner but which in no event shall MAY exceed the sum26
of thirty-five thousand dollars; and27
1237-50-
(2) Based upon a report filed pursuant to section 42-4-1606, the1
director shall determine whether an operator or owner is required to2
comply with the provisions of this article ARTICLE 7 and, if so, shall:3
(a) Within fifteen days after receipt of the accident CRASH report,4
inform each such operator and each such owner of such requirement and5
that the operator or owner's license or nonresident's operating privilege6
will be suspended if the operator or owner fails to comply with the7
provisions of this article ARTICLE 7;8
(b) Within sixty days after receipt of the accident CRASH report,9
send written notice of the requirement of filing security and proof of10
financial responsibility for the future to each such owner and each such11
operator at his or her last-known address, by first-class mail pursuant to12
section 42-2-119 (2).13
(5) When no accident CRASH report is filed or when erroneous or14
incomplete information is given, the director, with regard to the matters15
set forth in this article ARTICLE 7, shall, after receipt of correct16
information with respect to said matters, take whatever appropriate action17
is indicated, consistent with the provisions of this article ARTICLE 7.18
(6) No policy or bond shall be IS effective under this section19
unless issued by an insurance company or surety company authorized to20
do business in this state, but the surety requirements of this section may21
be satisfied by evidence of a savings account, deposit, or certificate of22
deposit meeting the requirements of section 11-35-101. C.R.S. However,23
if a motor vehicle was not registered in this state, or if a motor vehicle24
was registered elsewhere than in this state at the effective date of the25
policy or bond, or the most recent renewal thereof, such policy or bond26
shall WILL not be effective under this section unless the insurance27
1237-51-
company or surety company, if not authorized to do business in this state,1
executes a power of attorney authorizing the director to accept, on its2
behalf, service of notice or process in any action upon such policy or3
bond arising out of such accident CRASH.4
SECTION 78. In Colorado Revised Statutes, 42-7-302, amend5
(1) introductory portion, (1)(f), (1)(g), (1)(h), (1)(i), and (2) as follows:6
42-7-302. Exemptions from requirement of filing security and7
proof of financial responsibility for the future.8
(1) The requirement of filing security and proof of financial9
responsibility for the future pursuant to section 42-7-301 shall DOES not10
apply:11
(f) To the operator or owner if such owner had in effect at the time12
of such accident CRASH an automobile liability policy with respect to the13
motor vehicle involved in such accident CRASH;14
(g) To the operator, if not the owner of such motor vehicle, if15
there was in effect at the time of such accident CRASH an automobile16
liability policy or bond with respect to the operation of motor vehicles not17
owned by that person;18
(h) To the operator or owner if the liability of such operator or19
owner for damages resulting from such accident CRASH is, in the20
judgment of the director, covered by any other form of liability insurance21
policy or bond or deposit as provided in section 42-7-418;22
(i) To the owner of a motor vehicle if at the time of the accident23
CRASH the vehicle was being operated without the owner's express or24
implied permission, or was parked by a person who had been operating25
such motor vehicle without such permission.26
(2) In determining whether any person is exempt from the27
1237-52-
requirements of section 42-7-301, the director shall rely upon reports or1
other information submitted and, when requested by any person affected2
by an accident A CRASH to make a finding of fact, shall consider the report3
of the investigating officer, if any, the accident CRASH reports, and any4
affidavits of persons having knowledge of the facts.5
SECTION 79. In Colorado Revised Statutes, 42-7-303, amend6
(1)(b) and (2) introductory portion as follows:7
42-7-303. Duration of suspension.8
(1) The license or nonresident's operating privilege suspended9
under section 42-7-301 shall remain so suspended and not be renewed,10
nor shall any such license be issued to such person, unless there is filed11
with the director evidence satisfactory to the director that such person has12
been released from liability, has entered into a contract used as security13
pursuant to section 42-7-301 (7), or has been finally adjudicated not14
liable, or until:15
(b) Three years have elapsed following the date of such accident16
CRASH and evidence satisfactory to the director has been filed with the17
director that during such period no action for damages arising out of such18
accident CRASH has been instituted, and such person has filed or then files19
and maintains proof of financial responsibility for the future as provided20
in section 42-7-408; except that a contract used as security pursuant to21
section 42-7-301 (7) may provide for a different period of time; or22
(2) If the director determines that the driver is not responsible for23
any damages to any other party as a result of the accident CRASH, the24
driver may:25
SECTION 80. In Colorado Revised Statutes, 42-7-304, amend26
(1), (2), and (3)(a) as follows:27
1237-53-
42-7-304. Custody and disposition of security.1
(1) Security deposited in compliance with the requirements of2
section 42-7-301 shall MUST be placed by the director in the custody of3
the state treasurer and shall MUST be applied only to the payment of a4
judgment rendered against the person on whose behalf the deposit was5
made, for damages arising out of the accident CRASH in question in an6
action at law begun not later than one year after the date of such accident7
CRASH. Such deposit or any balance thereof shall MUST be returned to the8
depositor or the depositor's personal representative, or the person9
designated by either of them, when evidence satisfactory to the director10
has been filed with the director that there has been a release from liability,11
or a final adjudication of nonliability, or a warrant for confession of12
judgment, or a duly acknowledged agreement, or whenever, after the13
expiration of one year from the date of the accident CRASH, or within one14
year after the date of deposit of any security, the director shall be given15
reasonable evidence that there is no such action pending and no judgment16
rendered in such action left unpaid.17
(2) The director may reduce the amount of security ordered in any18
case within six months after the date of the accident CRASH if, in the19
director's judgment, the amount originally ordered is excessive. In case20
the security originally ordered has been deposited, the excess deposit over21
the reduced amount ordered shall MUST be returned immediately to the22
depositor or the depositor's personal representative, regardless of any23
other provisions of this article ARTICLE 7.24
(3) (a) It is the duty of any person having a claim against the25
security deposited under the provisions of section 42-7-301, on or before26
the expiration of one year from the date of the accident CRASH, to notify27
1237-54-
the director in writing under oath that there has been a release of liability,1
or a final adjudication of nonliability, or a warrant for confession of2
judgment, or a duly acknowledged agreement or that there is no action3
pending and no judgment rendered in any such action left unpaid or of4
any action taken on said claim which has not been finally determined.5
SECTION 81. In Colorado Revised Statutes, 42-7-403, amend6
(1) introductory portion, (1)(a), (1)(b), (1)(c), and (3) as follows:7
42-7-403. Sufficiency of payments.8
(1) Every judgment referred to in this article ARTICLE 7 and for the9
purposes of this article shall be ARTICLE 7 IS deemed satisfied:10
(a) When twenty-five thousand dollars has been credited upon any11
judgment rendered in excess of that amount for or on account of bodily12
injury to or the death of one person as the result of any one accident or13
CRASH;14
(b) When, subject to said limit of twenty-five thousand dollars as15
to one person, the sum of fifty thousand dollars has been credited upon16
any judgment rendered in excess of that amount for or on account of17
bodily injury to or the death of more than one person as the result of any18
one accident or CRASH;19
(c) When fifteen thousand dollars has been credited upon any20
judgment rendered in excess of that amount for damage to property of21
others in excess of one hundred dollars as a result of any one accident or22
CRASH;23
(3) Whenever payment has been made in settlement of any claims24
for bodily injury, death, or property damage arising from a motor vehicle25
accident CRASH resulting in injury, death, or property damage to two or26
more persons in such accident CRASH, any such payment shall MUST be27
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credited in reduction of the amounts provided for in this section.1
SECTION 82. In Colorado Revised Statutes, amend 42-7-405 as2
follows:3
42-7-405. Suspension upon second judgment.4
After one judgment is satisfied and proof of financial5
responsibility is given as required in this article ARTICLE 7 and another6
such judgment is rendered against the judgment debtor for any accident7
CRASH occurring prior to the date of the giving of said proof and such8
person fails to satisfy the latter judgment within the amounts specified in9
this article ARTICLE 7 within thirty days after the same becomes final, the10
director shall again suspend the license of such judgment debtor and shall11
not renew the same nor issue to the judgment debtor any license while12
such latter judgment remains in effect and unsatisfied within the amounts13
specified in this article ARTICLE 7.14
SECTION 83. In Colorado Revised Statutes, 42-7-408, amend15
(1)(c) introductory portion and (1)(c)(I) as follows:16
42-7-408. Proof of financial responsibility - methods of giving17
proof - duration - exception.18
(1) (c) Notwithstanding the three-year requirement in paragraph19
(b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION:20
(I) If an insured has been found guilty of DUI, DUI per se, or21
DWAI or if the insured's license has been revoked pursuant to section22
42-2-126, other than a revocation under section 42-2-126 (3)(b) or (3)(e),23
only one time and no accident CRASH was involved in such offense, proof24
of financial responsibility for the future shall be IS required to be25
maintained only for as long as the insured's driving privilege is ordered26
to be under restraint, up to a maximum of three years. The time period for27
1237-56-
maintaining the future proof of liability insurance shall begin BEGINS at1
the time the driver reinstates his or her THE DRIVER'S driving privilege.2
SECTION 84. In Colorado Revised Statutes, 42-7-412, amend3
(1) introductory portion, (1)(a), and (1)(c) as follows:4
42-7-412. Certificate furnished by nonresident.5
(1) The nonresident owner of a foreign vehicle may give proof of6
financial responsibility by filing with the director a written certificate of7
an insurance carrier authorized to transact business in the state in which8
the motor vehicle described in such certificate is registered or if such9
nonresident does not own a motor vehicle then in the state in which the10
insured resides and otherwise conforming to the provisions of this article11
ARTICLE 7, and the director shall accept the same upon condition that said12
insurance carrier complies with the following provisions of this section:13
(a) Said insurance carrier shall execute a power of attorney14
authorizing the director to accept service on its behalf of notice or process15
in any action arising out of a motor vehicle accident CRASH in this state.16
(c) Said insurance carrier shall also agree to accept as final and17
binding any final judgment of any court of competent jurisdiction in this18
state duly rendered in any action arising out of a motor vehicle accident19
CRASH.20
SECTION 85. In Colorado Revised Statutes, 42-7-421, amend21
(1) introductory portion and (1)(c) as follows:22
42-7-421. When director may release proof of financial23
responsibility.24
(1) The director, upon request, shall cancel any bond or return any25
certificate of insurance, or the director shall direct and the state treasurer26
shall return to the person entitle d thereto any money or securities27
1237-57-
deposited pursuant to this article ARTICLE 7 as proof of financial1
responsibility, or waive the requirement of filing proof of financial2
responsibility in any of the following events:3
(c) In the event the person who has given proof of financial4
responsibility surrenders the person's license to the director, but the5
director shall not release such proof in the event any action for damages6
upon a liability referred to in this article ARTICLE 7 is then pending or any7
judgment upon any such liability is then outstanding and unsatisfied or in8
the event the director has received notice that such person has within the9
period of three months immediately preceding been involved as a driver10
in any motor vehicle accident CRASH. An affidavit of the applicant of the11
nonexistence of such facts shall be IS sufficient evidence thereof in the12
absence of evidence to the contrary in the records of the department.13
SECTION 86. In Colorado Revised Statutes, 42-7-502, amend14
(4) as follows:15
42-7-502. Action against nonresident - reciprocity with other16
states.17
(4) Upon receipt of certification that the operating privilege of a18
resident of this state has been suspended or revoked in any such other19
state pursuant to a law providing for its suspension or revocation for20
failure to deposit security for the payment of judgments arising out of a21
motor vehicle accident CRASH or for failure to deposit security and furnish22
a statement evidencing that the resident is insured under an automobile23
liability insurance policy or bond or for failure to file and maintain proof24
of financial responsibility, under circumstances which would require the25
director to suspend a nonresident's operating privilege had the accident26
CRASH occurred in this state, the director shall suspend the license of such27
1237-58-
resident. Such suspension shall continue until such resident furnishes1
evidence of compliance with the law of such other state relating to the2
deposit of such security and until such resident furnishes the statement3
evidencing automobile liability insurance or a bond, or, as the case may4
be, files proof of financial responsibility, if required by such law.5
SECTION 87. In Colorado Revised Statutes, amend 42-7-504 as6
follows:7
42-7-504. Matters not to be evidence in litigation.8
(1) Except as provided in subsection (2) of this section, neither9
action taken by the director pursuant to this article ARTICLE 7, any10
judgment or court decision on appeal therefrom, the findings of the11
director in such action, nor the security deposited, statement evidencing12
automobile liability insurance or bond, or proof of financial responsibility13
filed as provided in this article ARTICLE 7 shall be referred to nor be14
evidence of the negligence or due care of either party of an action at law15
to recover damages or in a criminal proceeding arising out of a motor16
vehicle accident CRASH. This section shall not apply to an action brought17
by the director to enforce the provisions of this article ARTICLE 7.18
(2) For the purposes of any civil trial, civil hearing, or arbitration19
held in relation to uninsured or underinsured motorist insurance coverage20
where the question of the existence of automobile liability insurance is an21
issue or when the amount of such insurance is an issue, the director shall22
issue, upon request, a certificate under seal. The certificate shall MUST23
contain the motor vehicle operator's name, address, date of birth, and24
driver's license number; the date of the accident CRASH; and a statement25
indicating whether or not the records indicate that the owner or operator26
had in effect at the time of the accident CRASH an effective automobile27
1237-59-
liability policy and, if such a policy was in effect, the amount of coverage,1
the name of the insurer, and the number of the policy. Such certificate2
shall be IS prima facie evidence of the facts contained therein. The3
director shall collect for each such certificate an amount sufficient to4
defray the costs of administration of this section. Such amount shall MUST5
be included as a cost of the action.6
SECTION 88. In Colorado Revised Statutes, 42-7-510, amend7
(1) and (2)(a) as follows:8
42-7-510. Insurance or bond required.9
(1) An owner of a truck that is subject to the registration fee10
imposed pursuant to section 42-3-306 (5)(b) or (7) and that is not subject11
to article 10.1 of title 40, C.R.S., before operating or permitting the12
operation of the vehicle upon a public highway in this state, shall have in13
each vehicle a motor vehicle liability policy or a certificate evidencing the14
policy issued by an insurance carrier or insurer authorized to do business15
in Colorado, or a copy of a valid certificate of self-insurance issued16
pursuant to section 10-4-624, C.R.S., or a surety bond issued by a17
company authorized to do a surety business in Colorado in the sum of18
fifty thousand dollars for damages to property of others; the sum of one19
hundred thousand dollars for damages for or on account of bodily injury20
or death of one person as a result of any one accident CRASH; and, subject21
to such limit as to one person, the sum of three hundred thousand dollars22
for or on account of bodily injury to or death of all persons as a result of23
any one accident CRASH.24
(2) (a) Every owner of a motor vehicle designed and used for the25
nonemergency transportation of individuals with disabilities as defined26
in paragraph (b) of this subsection (2) SUBSECTION (2)(b) OF THIS27
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SECTION, before operating or permitting the operation of such vehicle1
upon any public highway in this state, shall file with the department a2
certificate evidencing a motor vehicle liability insurance policy issued by3
an insurance carrier or insurer authorized to do business in the state of4
Colorado or a surety bond issued by a company authorized to do a surety5
business in the state of Colorado with a minimum sum of fifty thousand6
dollars for damages to property of others; a minimum sum of one hundred7
thousand dollars for damages for or on account of bodily injury or death8
of one person as a result of any one accident CRASH; and, subject to such9
limit as to one person, a minimum sum of three hundred thousand dollars10
for or on account of bodily injury to or death of all persons as a result of11
any one accident CRASH.12
SECTION 89. In Colorado Revised Statutes, 42-7-606, amend13
(1)(b)(VI) as follows:14
42-7-606. Disclosure of insurance information - penalty.15
(1) Information provided by insurers and the department for16
inclusion in the database established pursuant to section 42-7-604 is the17
property of the insurer or the department, as the case may be, and may not18
be disclosed except as follows:19
(b) The department shall disclose whether a motor vehicle has the20
required insurance coverage upon request by the following individuals21
and agencies only:22
(VI) Any person suffering loss or injury in a motor vehicle23
accident CRASH, but only as part of an accident A CRASH report authorized24
in part 16 of article 4 of this title TITLE 42; or25
SECTION 90. In Colorado Revised Statutes, amend 42-13-10126
as follows:27
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42-13-101. Scope and effect of article - exception to provisions.1
This article shall apply ARTICLE 13 APPLIES to all personal property2
acquired or held by a law enforcement agency in the course of motor3
vehicle law enforcement or related highway duties and under4
circumstances supporting a reasonable belief that such property was5
abandoned, lost, stolen, or otherwise illegally possessed, including6
property left in abandoned vehicles or at vehicle accident CRASH7
locations, unclaimed property obtained by a search and seizure, and8
unclaimed property used as evidence in any criminal trial, except for such9
other personal property as shall be disposed of in a different manner in10
accordance with other Colorado statutes.11
SECTION 91. In Colorado Revised Statutes, 42-20-203, amend12
(2) as follows:13
42-20-203. Carrying of permit and shipping papers.14
(2) In the event of an accident OR CRASH involving hazardous15
materials, the operator of the motor vehicle shall provide the shipping16
papers to the emergency response authorities designated in or pursuant to17
article 22 of title 29 C.R.S., and immediately bring to their attention the18
fact that the motor vehicle is carrying hazardous materials.19
SECTION 92. In Colorado Revised Statutes, amend 42-20-30420
as follows:21
42-20-304. Emergency closure of public roads.22
Nothing in part 1, 2, or 3 of this article shall limit ARTICLE 2023
LIMITS the authority of state and local authorities to close public roads24
temporarily if necessary because of any road construction or maintenance,25
an accident OR CRASH, a natural disaster, the weather conditions, or any26
other emergency circumstances resulting in making road conditions27
1237-62-
unsafe for travel by motor vehicles transporting hazardous materials.1
SECTION 93. In Colorado Revised Statutes, 43-5-502, amend2
(1)(b) as follows:3
43-5-502. Motorcycle operator safety training program - rules.4
(1) (b) The office shall promulgate ADOPT rules establishing5
standards for MOST vendors to provide training services. The office shall6
promulgate ADOPT rules establishing a system to record program7
performance data, including information on motorcycle accidents8
CRASHES, injuries, and fatalities among persons who have completed the9
program.10
SECTION 94. In Colorado Revised Statutes, amend 43-5-506 as11
follows:12
43-5-506. Report.13
Notwithstanding section 24-1-136 (11)(a)(I), no later than14
September 1 of each year, the department of public safety shall report to15
the legislative audit committee and the house and senate transportation16
committees, or their successor committees. The report must comment on17
the effectiveness of the program, annual motorcycle accidents CRASHES18
or fatalities, availability of training throughout the state, historic and19
current training costs, and other performance measures.20
SECTION 95. In Colorado Revised Statutes, 44-30-1301, amend21
(1)(b)(IV)(H) as follows:22
44-30-1301. Definitions - local government limited gaming23
impact fund - rules - report - legislative declaration.24
(1) (b) As used in this part 13, unless the context otherwise25
requires:26
(IV) "Negative impacts" means impacts that harm, damage, hurt,27
1237-63-
interfere with, or undermine the eligible local governmental entity, and1
include, but are not limited to:2
(H) Increased traffic and traffic accidents CRASHES;3
SECTION 96. Act subject to petition - effective date. 4
(1) Except as otherwise provided in this section, this act takes5
effect at 12:01 a.m. on the day following the expiration of the ninety-day6
period after final adjournment of the general assembly (August 12, 2026,7
if adjournment sine die is on May 13, 2026); except that, if a referendum8
petition is filed pursuant to section 1 (3) of article V of the state9
constitution against this act or an item, section, or part of this act within10
such period, then the act, item, section, or part will not take effect unless11
approved by the people at the general election to be held in November12
2026 and, in such case, will take effect on the date of the official13
declaration of the vote thereon by the governor.14
(2) Section 67 of this act takes effect only if House Bill 26-112715
does not become law, in which case section 67 takes effect on the16
applicable effective date of this act.17
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