Transportation Safety Modifications

0
HOUSE BILL 26-1237
BY REPRESENTATIVE(S) Smith and Taggart, Bacon, Boesenecker,
Brown, Carter, Duran, Froelich, Hamrick, Lindsay, Marshall, Nguyen,
Paschal, Rutinel, Woodrow, McCluskie;
also SENATOR(S) Lindstedt, Exum, Marchman, Roberts, Coleman.
CONCERNING MODIFICATIONS TO SELECT STATUTORY PROVISIONS TO
IMPROVE TRANSPORTATION SAFETY.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-106, amend
(5)(a)(I)(B) as follows:
42-4-106. Who may restrict right to use highways -definitions
- rules.
(5) (a) (I) (B) When icy or snow-packed conditions exist on the
highway, the department of transportation may restrict travel on or use of
any portion of a state highway by a motor vehicle unless the motor vehicle
is equipped with the following: Tire chains or an alternate traction device;
fom-whecl drive with OR tires that have a tread depth of at least three
sixteenths of an inch and that are imprinted by a manufacturer with a
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
mountain-snowflake, "M&S", "M+S", or "MIS" symbol or that are
all-weather rated by the manufacturer. or all-wheel dt iv e with tit es that have
a tr cad depth of at least tht ee sixteenths of an inch and that ate impt inted by
a manttfa:etm et with a mottntain-sno w flake, "M&S ", "M I S ", 01 rrM/S"
symbol or that ate all-w eathet rated by the manttfactm et.
SECTION 2. In Colorado Revised Statutes, 42-4-1204, add (l)U.5)
as follows:
42-4-1204. Stopping, standing, or parking prohibited in specified
places -penalty.
( 1) Except as otherwise provided in subsection ( 4) of this section,
no person shall stop, stand, or park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or an official traffic control device, in any of the following
places:
U .5) IN THE PORTION OF A ROADWAY DESIGNATED AS A BIKE LANE;
SECTION 3. In Colorado Revised Statutes, 42-4-1803, amend (2)
as follows:
42-4-1803. Abandonment of motor vehicles - public property.
(2) Whenever any sheriff, undersheriff, deputy sheriff, police
officer, marshal, Colorado state patrol officer, agent of the Colorado bureau
of investigation, or agency employee finds a motor vehicle, vehicle, cargo,
or debris, attended or unattended, standing upon any portion of a highway
right-of-way in such a manner as to constitute an obstruction OR
IMPEDIMENT to traffic or proper highway maintenance OR OPERATIONS, such
officer or agency employee is authorized to cause the motor vehicle,
vehicle, cargo, or debris to be moved to eliminate any such obstruction OR
IMPEDIMENT; and neither the officer, the agency employee, nor anyone
acting under the direction of such officer or employee shall be IS liable for
any damage to such motor vehicle, vehicle, cargo, or debris occasioned by
such removal. The removal process is intended to clear the obstruction OR
IMPEDIMENT, but such activity should create as little damage as possible to
the vehicle, or cargo, or both. No AN agency employee shall NOT cause any
motor vehicle to be moved unless such employee has obtained approval
PAGE 2-HOUSE BILL 26-1237
from a local law enforcement agency of a municipality, county, or city and
county, the Colorado bureau of investigation, or the Colorado state patrol.
SECTION 4. In Colorado Revised Statutes, 13-21-113.7, amend
(2)(a)(I) as follows:
13-21-113.7. Immunity of volunteer firefighters, volunteers,
incident management teams, and their employers or organizations -
definitions -legislative declaration.
(2) As used in this section:
(a) "Emergency" means any incident to which a response by a fire
department or incident management team is appropriate or requested,
including, without limitation:
(I) A fire, fire alarm response, motor vehicle accident CRASH, rescue
call, or hazardous materials incident;
SECTION 5. In Colorado Revised Statutes, 13-21-115.5, amend
(5) as follows:
13-21-115.5. Volunteer service act - immunity - exception for
operation of motor vehicles -exception for helicopter search and rescue
-short title -legislative declaration -definitions.
( 5) Notwithstanding the provisions of subsection ( 4) of this section,
a plaintiff may sue and recover civil damages from a volunteer based upon
a negligent act or omission involving the operation of a motor vehicle
during an activity; except that the amount recovered from such volunteer
shalt MUST not exceed the limits of applicable insurance coverage
maintained by or on behalf of such volunteer with respect to the negligent
operation of a motor vehicle in such circumstances. However, nothing in
this section shall be eonstrned to limit LIMITS the right of a plaintiff to
recover from a policy of uninsured or underinsured motorist coverage
available to the plaintiff as a result of a motor vehicle accident CRASH.
SECTION 6. In Colorado Revised Statutes, 13-80-102, amend (2)
as follows:
PAGE 3-HOUSE BILL 26-1237
13-80-102. General limitation of actions -two years.
(2) A civil action for a wrongful death against a defendant who
committed vehicular homicide, as described in section 18-3-106, C.R.S.,
and, as part of the same criminal episode, committed the offense of leaving
the scene of an accident A CRASH that resulted in the death of a person, as
described in section 42-4-1601 (2)( c ), C.R.S., regardless of the theory upon
which suit is brought, or against whom suit is brought, must be commenced
within four years after the cause of action accrues, and not thereafter.
SECTION 7. In Colorado Revised Statutes, 16-5-401, amend (l)(a)
and (l)(a.5) as follows:
16-5-401. Limitation for commencing criminal proceedings, civil
infraction proceedings, and juvenile delinquency proceedings -
definitions.
(1) (a) Except as otherwise provided by statute applicable to specific
offenses, delinquent acts, or circumstances, no adult person or juvenile shall
be prosecuted, tried, or punished for any offense or delinquent act unless the
indictment, information, complaint, or petition in delinquency is filed in a
court of competent jurisdiction or a summons and complaint or penalty
assessment notice is served upon the defendant or juvenile within the period
of time after the commission of the offense or delinquent act as specified
below:
Murder, kidnapping, treason, any sex offense against
a child, and any forgery regardless of the penalty
provided: No limit
Attempt, conspiracy, or solicitation to commit
murder; attempt, conspiracy, or solicitation to
commit kidnapping; attempt, conspiracy, or
solicitation to commit treason; attempt, conspiracy,
or solicitation to commit any sex offense against a
child; and attempt, conspiracy, or solicitation to
commit any forgery regardless of the penalty
provided: No limit
PAGE 4-HOUSE BILL 26-1237
Vehicular homicide, except as described in
subsection (l)(a.5) of this section; leaving the scene
of an accident A CRASH that resulted in the death of
a person:
Other felonies:
Misdemeanors:
Class 1 and 2 misdemeanor traffic offenses:
Petty offenses:
Five years
Three years
Eighteen months
One year
Six months
(a.5) The period of time during which an adult person or juvenile
may be prosecuted for the offense of vehicular homicide, as described in
section 18-3-106, C.R.S., and leaving the scene of an accident A CRASH that
resulted in the death of a person, as described in section 42-4-1601 (2)( c ),
C.R.S., when both offenses are alleged to have occurred as part of the same
criminal episode in the same indictment, information, complaint, or petition
in delinquency filed in a court of competent jurisdiction is ten years.
SECTION 8. In Colorado Revised Statutes, 18-3-106, amend ( 4 )( e)
as follows:
18-3-106. Vehicular homicide.
( 4) ( e) Any person who is dead or unconscious shalt MUST be tested
to detennine the alcohol or drug content of his THE PERSON'S blood or any
drug content of his THE PERSON'S system as provided in this subsection ( 4 ).
If a test cannot be administered to a person who is unconscious,
hospitalized, or undergoing medical treatment because the test would
endanger the person's life or health, the law enforcement agency shalt MUST
be allowed to test any blood, urine, or saliva which was obtained and not
utilized by a health-care provider and shalt MUST have access to that portion
of the analysis and results of any tests administered by such provider which
shows the alcohol or drug content of the person's blood or any drug content
within his THE PERSON'S system. Such test results shalt ARE not be
considered privileged communications and the provisions of section
13-90-107 C.R.S., relating to the physician-patient privilege shalt DO not
apply. Any person who is dead, in addition to the tests prescribed, shalt
MUST also have his THE PERSON'S blood checked for carbon monoxide
content and for the presence of drugs, as prescribed by the department of
PAGE 5-HOUSE BILL 26-1237
public health and environment. Such information obtained shaH MUST be
made a part of the accident CRASH report.
SE CTION 9. In Colorado Revised Statutes, 18-3-205, amend ( 4 )( e)
as follows:
18-3-205. Vehicular assault.
( 4) ( e) Any person who is dead or unconscious shalt MUST be tested
to determine the alcohol or drug content of his THE PERSON'S blood or any
drug content of his THE PERSON'S system as provided in this subsection ( 4 ).
If a test cannot be administered to a person who is unconscious,
hospitalized, or undergoing medical treatment because the test would
endanger the person's life or health, the law enforcement agency shalt MUST
be allowed to test any blood, urine, or saliva which was obtained and not
utilized by a health-care provider and shalt MUST have access to that portion
of the analysis and results of any tests administered by such provider which
shows the alcohol or drug content of the person's blood or any drug content
within his THE PERSON'S system. Such test results shalt ARE not be
considered privileged communications, and the provisions of section
13-90-107 C.R.S., relating to the physician-patient privilege shalt DO not
apply. Any person who is dead, in addition to the tests prescribed, shalt
MUST also have his THE PERSON'S blood checked for carbon monoxide
content and for the presence of drugs, as prescribed by the department of
public health and environment. Such information obtained shalt MUST be
made a part of the accident CRASH report.
SECTION 10. In Colorado Revised Statutes, 18-3.5-108, amend
(5)(e) as follows:
18-3.5-108. Aggravated vehicular unlawful termination of
pregnancy -definitions.
(5) (e) Any person who is dead or unconscious shalt MUST be tested
to determine the alcohol or drug content of his ot her THE PERSON'S blood
or any drug content of his ot het THE PERSON'S system as provided in this
subsection (5). If a test cannot be administered to a person who is
unconscious, hospitalized, or undergoing medical treatment because the test
would endanger the person's life or health, the law enforcement agency
shalt MUST be allowed to test any blood, urine, or saliva that was obtained
PAGE 6-H OUSE BILL 26-1237
and not utilized by a health-care provider and shalt MUST have access to that
portion of the analysis and results of any tests administered by the provider
that show the alcohol or drug content of the person's blood or any drug
content within his ot het THE PERSON'S system. Such test results shalt ARE
not be considered privileged communications, and the provisions of section
13-90-107 C.R.S., relating to the physician-patient privilege shalt oo not
apply. Any person who is dead, in addition to the tests prescribed, shalt
MUST also have his ot het THE PERSON'S blood checked for carbon
monoxide content and for the presence of drugs, as prescribed by the
department of public health and environment. Any information obtained
shalt MUST be made a part of the law enforcement officer's accident CRASH
report.
SECTION 11. In Colorado Revised Statutes, 18-8-104, amend
(l)(a) and (2.5)(a) as follows:
18-8-104. Obstructing a peace officer, firefighter, emergency
medical service provider, rescue specialist, or volunteer.
(1) (a) A person commits obstructing a peace officer, firefighter,
emergency medical service provider, rescue specialist, or volunteer when,
by using or threatening to use violence, force, physical interference, or an
obstacle, such person knowingly obstructs, impairs, or hinders the
enforcement of the penal law or the preservation of the peace by a peace
officer, acting under color of his or her official authority; knowingly
obstructs, impairs, or hinders the prevention, control, or abatement of fire
by a firefighter, acting under color of his or her official authority;
knowingly obstructs, impairs, or hinders the administration of medical
treatment or emergency assistance by an emergency medical service
provider or rescue specialist, acting under color of his or her official
authority; or knowingly obstructs, impairs, or hinders the administration of
emergency care or emergency assistance by a volunteer, acting in good faith
to render such care or assistance without compensation at the place of an
emergency or accident OR CRASH.
(2.5) If a person is alleged to have committed the offense described
in subsection (l)(a) or (l)(b) of this section by using or threatening to use
an unmanned aircraft system as an obstacle, the offense does not apply if
the person who operates the unmanned aircraft system:
PAGE 7-HOUSE BILL 26-1237
(a) Obtains pennission to operate the unmanned aircraft system from
a law enforcement agency or other entity that is coordinating the response
of peace officers, firefighters, emergency medical service providers, rescue
specialists, or volunteers to an emergency or accident CRASH;
SECTION 12. In Colorado Revised Statutes, 24-4.1-102, amend
( 4)(a)(II) as follows:
24-4.1-102. Definitions.
As used in this part 1, unless the context otherwise requires:
(4) (a) "Compensable crime" means:
(II) An act in violation of section 42-4-1402 C.R.S., that results in
the death or bodily injury of another person or section 42-4-1601, C.R.S.,
where the accident CRASH results in the death or bodily injury of another
person.
SECTION 13. In Colorado Revised Statutes, 24-4.1-302, amend
(l)(cc.6) as follows:
24-4.1-302. Definitions.
As used in this part 3, and for no other purpose, including the
expansion of the rights of any defendant:
(1) "Crime" means any of the following offenses, acts, and
violations as defined by the statutes of the state of Colorado, whether
committed by an adult or a juvenile:
( cc.6) Failure to stop at the scene of an accident A CRASH, in
violation of section 42-4-1601, where the accident CRASH results in the
death or serious bodily injury of another person;
SECTION 14. In Colorado Revised Statutes, 24-33.5-203, amend
(l)(b) as follows:
24-33.5-203. Duties of executive director and patrol.
PAGE 8-HOUSE BILL 26-1237
(1) (b) Except as otherwise provided in section 40-10.1-108 (1),
C.R.S., the executive director has the duty to establish, for motor caiTiers as
defined in section 42-4-235, C.R.S., reasonable requirements to promote
safety of operation and, to that end, to prescribe qualifications and
maximum hours of service of employees and minimum standards of
equipment and for the operation of commercial vehicles as defined in
section 42-4-235. C.R.S. For the purpose of carrying out the provisions of
this section pertaining to safety, the executive director may enlist the
assistance of any agency of the United States or of this state having special
knowledge of any matter as may be necessary to promote the safety of
operation and equipment of motor vehicles as provided in this section. In
adopting such rules, the executive director shall use as general guidelines
the standards contained in the current rules of the United States department
of transportation relating to explosives and other dangerous articles, safety
regulations, qualifications of drivers, driving of motor vehicles, parts and
accessories, recording and reporting of accidents CRASHES, hours of service
of drivers, and inspection and maintenance of motor vehicles. The state
patrol shall enforce or aid in enforcing all of such rules.
SECTION 15. In Colorado Revised Statutes, 24-33.5-212, amend
(l)(e) as follows:
24-33.5-212. Powers and duties of officers.
( 1) All officers of the Colorado state patrol have all the powers of
any peace officer to:
( e) Investigate traffic accidents CRASHES and make reports thereof
to the chief and make such reports to the department of transportation and
department of revenue as these departments may require, but the reports
required to be made to the chief in this paragraph (e) shall SUBSECTION
( 1 )( e) ARE not be public records and shall be ARE for the confidential use of
the Colorado state patrol;
SECTION 16. In ColoradoRevisedStatutes,24-33.5-416.7, amend
(l)(a), (l)(b), (2)(b), (3)(a), (3)(b) introductory portion, (3)(b)(I), (3)(c),
(3)(e)(II), (4) introductory portion, and (4)(a) as follows:
24-33.5-416.7. Medina alert program -legislative declaration -
definitions -rules.
PAGE 9-HOUSE BILL 26-1237
( 1) The general assembly hereby finds that:
(a) A person who kills or inflicts a serious bodily injury upon a
person during a motor vehicle accident CRASH and flees the scene poses a
serious and imminent threat to the safety of the public;
(b) When a person kills or inflicts a serious bodily injury upon a
person during a motor vehicle accident CRASH and flees the scene, the first
few hours after the act are critically important to apprehending the person;
and
(2) As used in this section, unless the context otherwise requires:
(b) "Hit-and-run accident CRASH" means an incident when the driver
of a vehicle involved in an accident A CRASH fails to stop at the scene of the
accident CRASH as required by section 42-4-1601. C.R.S.
(3) (a) To facilitate the immediate apprehension of persons who kill
or cause serious bodily injury to another person during a hit-and-run
accident CRASH, there is created the Medina alert program to be
implemented by the bureau on and after January 1, 2015. The program is a
coordinated effort among the bureau, law enforcement agencies, and the
state's public and commercial television and radio broadcasters.
(b) Using procedures established by rules promulgated ADOPTED
pursuant to subsection ( 4) of this section, a law enforcement agency may
notify the bureau after verifying that:
(I) A person has been killed or has suffered serious bodily injury
during a hit-and-run accident CRASH; and
( c) Upon receipt of a notice from a law enforcement agency that a
person has been killed or has suffered serious bodily injury during a
hit-and-run accident CRASH and there is additional information concerning
the suspect or the suspect's vehicle, the bureau, using procedures established
by rules promulgated ADOPTED pursuant to subsection ( 4) of this section,
shall confirm the accuracy of the information and issue a Medina alert.
( e) A Medina alert must include:
PAGE IO-HOUSE BILL 26-1237
(II) A statement instructing anyone with information related to the
hit-and-run accident CRASH to contact his or her THEIR local law
enforcement agency; and
(4) On or before January 1, 2015, the executive director of the
department of public safety shall prnmulgate ADOPT rules in accordance
with the "State Administrative Procedure Act", article 4 of this title TITLE
24, for the implementation of the program. The rules shalt MUST include but
need not be limited to:
(a) Procedures for a law enforcement agency to use to notify the
bureau that a person has been killed or has suffered serious bodily injury
during a hit-and-run accident CRASH and there is additional information
concerning the suspect or the suspect's vehicle;
SECTION 17. In Colorado Revised Statutes, 24-33.5-516, amend
(2)( d) as follows:
24-33.5-516. Study marijuana implementation.
(2) To be included in the study, the division or contractor must have
data for each of the two-year periods described in subsection ( 1) of this
section. The study must include information concerning:
( d) Traffic accidents CRASHES, including fatalities and serious
injuries related to being under the influence of marijuana;
SECTION 18. In Colorado Revised Statutes, 24-72-113, amend
(2)(a) as follows:
24-72-113. Limit on retention of passive surveillance records -
definition.
(2) (a) The custodian, as defined in section 24-72-202, may only
access a passive surveillance record beyond the first anniversary after the
date of the creation of the passive surveillance record, and up to the third
anniversary after the date of the creation of the passive surveillance record,
if there has been a notice of claim filed, or an accident, A CRASH, or other
specific incident that may cause the passive surveillance record to become
evidence in any civil, labor, administrative, or felony criminal proceeding,
PAGE 11-HOUSE BILL 26-1237
in which case the passive surveillance record may be retained. The
custodian shall preserve a record of the reason for which the passive
surveillance record was accessed and the person who accessed the passive
surveillance record beyond the first anniversary after its creation. All
passive surveillance records must be destroyed after the third anniversary
after the date of the creation of the passive surveillance record unless
retention is authorized by this section.
SECTION 19. In Colorado Revised Statutes, 24-33 .5-1505, amend
(2)(b) as follows:
24-33.5-1505. Immunity.
(2) (b) Notwithstanding paragraph (a) of this subsection (2)
SUBSECTION (2)(a) OF THIS SECTION, a plaintiff may sue and recover civil
damages from a person or entity specified in said paragraph (a) SUBSECTION
(2)(a) OF THIS SECTION based upon a negligent act or omission involving the
operation of a motor vehicle; except that the amount recovered from such
person or entity shaH MUST not exceed the limits of applicable insurance
coverage maintained by or on behalf of such person or entity with respect
to the negligent operation of a motor vehicle in such circumstances.
However, nothing in this section shall be construed to limit the right of a
plaintiff to recover from a policy of uninsured or underinsured motorist
coverage available to the plaintiff as a result of a motor vehicle accident
CRASH.
SECTION 20. In Colorado Revised Statutes, 25-15-203, amend
(l)(b)(III) as follows:
25-15-203. Grounds for approval.
( 1) The board of county commissioners or the governing body of the
municipality, as the case may be, may approve an application for a
certificate of designation only upon a finding of all of the following factors:
(b) The site would not pose a significant threat to the safety of the
public, taking into consideration:
(Ill) The risk of accidents OR CRASHES during the transportation of
waste to or at the site.
PAGE 12-HOUSE BILL 26-1237
SECTION 21. In Colorado Revised Statutes, 25-15-505, amend
(l)(a)(III) as follows:
25-15-505. Grounds for approval.
( 1) A governing body having jurisdiction shall approve or
disapprove an application for a hazardous waste incinerator or processor
site ce1tificate of designation within one hundred eighty days after receiving
such application. Such governing body having jurisdiction may approve an
application for a certificate of designation upon a finding of all of the
following factors:
(a) That the proposed hazardous waste incinerator or processor site
would not pose a significant threat to the health or safety of the public or the
environment, taking into consideration:
(Ill) The risk of accidents OR CRASHES occurrmg during the
transportation of waste to or at the proposed site;
SECTION 22. In Colorado Revised Statutes, 30-10-606.5, amend
(l)(a) as follows:
30-10-606.5. When autopsy performed - jurisdiction -
qualifications to perform -definition.
(1) (a) The coroner shall perform a forensic autopsy or have a
forensic autopsy performed in accordance with the circumstances in the
most recent version of the "forensic autopsy performance standards"
adopted by the national association of medical examiners, when the death
is apparently nonnatural and occurs in a facility or during services regulated
by the department of human services, and when the death is the result of an
automobile accident CRASH and a hospital physician has not documented the
extent of the injuries.
SECTION 23. In Colorado Revised Statutes, 32-1-1002, amend
(l)(e)(l)(B) as follows:
32-1-1002. Fire protection districts - additional powers and
duties -definitions -vegetative fuel removal -rules.
PAGE 13-HOUSE BILL 26-1237
(1) In addition to the powers specified in section 32-1-1001, the
board of any fire protection district has the following powers for and on
behalf of the district:
( e) In addition to all other fees and charges allowed by this article
1, to fix and from time to time increase or decrease fees and charges as
follows, and the board may pledge such revenue for the payment of any
indebtedness of the district:
(I) For ambulance or emergency medical services and extrication,
rescue, or safety services provided in furtherance of ambulance or
emergency medical services. "Extrication, rescue, or safety services"
includes but is not limited to any:
(B) Rescue or extrication of trapped or injured parties at the scene
of a motor vehicle accident CRASH; and
SECTION 24. In Colorado Revised Statutes, 33-11-113, amend
(5)(a)(II) as follows:
33-11-113. Volunteer activities - qualified immunity - grant
agreements for land stewardship activities -terms -insurance coverage
-legislative declaration -scope of section.
(5) (a) (II) Notwithstanding subsection (2)(a) or (2)(b) of this
section, a plaintiff may sue and recover civil damages from a volunteer
based upon a negligent act or omission involving the operation of a motor
vehicle during a land stewardship activity; except that the amount recovered
from the volunteer shalt MUST not exceed the limits of applicable insurance
coverage maintained by or on behalf of the volunteer with respect to the
negligent operation of a motor vehicle in such circumstances. Nothing in
this subsection (5)(a)(II) limits the right of a plaintiff to recover from a
policy of uninsured or underinsured motorist coverage available to the
plaintiff as a result of a motor vehicle accident CRASH.
SECTION 25. In Colorado Revised Statutes, 33-13-108.1, amend
(7) and (11) as follows:
33-13-108.1. Operating a vessel while under the influence -
definitions.
PAGE 14-HOUSE BILL 26-1237
(7) Any person who is dead or unconscious shall MUST be tested to
determine the alcoholic content of the person's blood as provided in
subsection (4) of this section. In addition to the tests prescribed, the blood
of a dead person shall MUST be checked for carbon monoxide content and
for the presence of drugs, as prescribed by the department of public health
and environment. All information obtained will be made a part of the
accident INCIDENT report.
(11) When a peace officer has reasonable grounds to believe that a
person is operating a vessel while under the influence of alcohol or that the
operator has been involved in a boating accident INCIDENT resulting in
injury or death, the peace officer may request the operator to provide a
sample of the operator's breath for a preliminary screening test. The test
shall MUST be given using a device approved by the executive director of
the department of public health and environment as being accurate to within
ten percent of the actual reading obtained by the officer upon administering
the test. The results of this preliminary screening test may be used for the
purpose of deciding whether an arrest should be made and whether to
administer a test pursuant to paragraph (b) of subsection (4) SUBSECTION
( 4 )(b) of this section but shall MUST not be used in any court action except
to prove that a test was properly authorized pursuant to this section. The
results of the test shall MUST be made available to the operator or the
operator's attorney upon request. The preliminary screening test shalt DOES
not constitute the test for the purposes of subsection ( 4) of this section.
SECTION 26. In Colorado Revised Statutes, 33-14-115, amend
(1), (2), and (3) as follows:
33-14-115. Notice of accident or crash.
( 1) The operator of a snowmobile involved in an accident OR CRASH
resulting in property damage of fifteen hundred dollars or more or injuries
resulting in hospitalization or death, or some person acting for the operator,
or the owner of the snowmobile having knowledge of the accident OR
CRASH shall immediately, by the quickest available means of
communication, notify an officer of the Colorado state patrol, the sheriffs
office of the county wherein the accident OR CRASH occurred, or the office
of the police department of the municipality wherein the accident OR CRASH
occurred.
PAGE 15-HOUSE BILL 26-1237
(2) Any law enforcement agency receiving a report of accident OR
CRASH under this section shall forward a copy thereof to the division which
shall compile statistics annually based upon such reports.
(3) Within forty-eight hours after an accident OR CRASH involving
a snowmobile, the OWNER OF THE VEHICLE OR SOMEONE ACTING FOR THE
OWNER SHALL REPORT THE accident shall be reported OR CRASH to the
Denver office of the division. The report shalt MUST be made on forms
furnished by the division. and shall be made by the owner of the vehicle or
someone acting fut him.
SECTION 27. In Colorado Revised Statutes, 33-14.5-113, amend
(1), (2), and (3) as follows:
33-14.5-113. Notice of accident or crash.
(1) The operator of an off-highway vehicle involved in an accident
OR CRASH resulting in property damage of fifteen hundred dollars or more
or injuries resulting in hospitalization or death, or some person acting for
the operator, or the owner of the off-highway vehicle having knowledge of
the accident OR CRASH shall immediately, by the quickest available means
of communication, notify an officer of the Colorado state patrol, the
sheriffs office of the county wherein the accident OR CRASH occurred, or the
office of the police department of the municipality wherein the accident OR
CRASH occurred.
(2) Any law enforcement agency receiving a report of accident OR
CRASH under this section shall forward a copy thereof to the division, which
shall compile statistics annually based upon such reports.
(3) Within forty-eight hours after an accident OR CRASH involving
an off-highway vehicle, the OWNER OR OPERA TOR OF THE VEHICLE OR
SOMEONE ACTING FOR THE OWNER OR OPERA TOR SHALL REPORT THE
accident shall be reported OR CRASH to the Denver office of the division.
The report shalt MUST be made on forms furnished by the division. and shall
be made by the owner or operator of the vehicle or someone acting fut the
owner or operator.
SECTION 28. In Colorado Revised Statutes, 40-10.1-108, amend
(2) as follows:
PAGE 16-HOUSE BILL 26-1237
40-10.1-108. Commission to make safety rules.
(2) For the purpose of carrying out this section pertaining to safety,
the commission may obtain the assistance of any agency of the United
States or of this state having special knowledge of any matter necessary to
promote the safety of operation and equipment of motor vehicles. In
adopting such rules, the commission shall use as general guidelines the
standards contained in the current rules and regulations of the United States
department of transportation relating to safety regulations, qualifications of
drivers, driving of motor vehicles, parts and accessories, recording and
reporting of accidents AND CRASHES, hours of service of drivers, and
inspection and maintenance of motor vehicles.
SECTION 29. In Colorado Revised Statutes, 41-2-102, amend
(6)(c) as follows:
41-2-102. Operating an aircraft under the influence -operating
an aircraft with excessive alcohol content - tests - penalties - useful
public service program -definition.
( 6) ( c) Any person who is dead or unconscious shalt MUST be tested
to determine the alcohol or drug content of his THE PERSON'S blood or any
drug content within his THE PERSON'S system as provided in this subsection
(6). If a test cannot be administered to a person who is unconscious,
hospitalized, or undergoing medical treatment because the test would
endanger such person's life or health, the law enforcement agency shalt
MUST be allowed to test any blood, urine, or saliva which was obtained and
not utilized by a health-care provider and shalt MUST have access to that
portion of the analysis and results of any tests administered by such provider
which shows the alcohol or drug content of the person's blood, urine, or
saliva or any drug content within his THE PERSON'S system. Such test results
shaft ARE not be considered privileged communications, and the provisions
of section 13-90-107 C.R.S., relating to the physician-patient privilege shaH
DO not apply. Any person who is dead, in addition to the tests prescribed,
shalt MUST also have his THE PERSON'S blood checked for carbon monoxide
content and for the presence of drugs, as prescribed by the department of
public health and environment. Such information obtained shalt MUST be
made a part of the accident CRASH report.
SECTION 30. In Colorado Revised Statutes, 42-1-102, add (20.5)
PAGE 17-HOUSE BILL 26-1237
as follows:
42-1-102. Definitions.
As used in articles 1 to 4 of this title 42, unless the context otherwise
reqmres:
(20.5) "CRASH" MEANS A TRAFFIC, TRANSPORTATION, OR VEHICLE
COLLISION OR INCIDENT OCCURRING ON PUBLIC OR PRIVATE PROPERTY IN THE
ST ATE, INCLUDING EVENTS INVOL YING MOTOR VEHICLES, VULNERABLE ROAD
USERS AS DEFINED IN SECTION 42-4-1402.5 ( 1 ), OR OTHER TRANSPORTATION
DEVICES.
SECTION 31. In Colorado Revised Statutes, 42-1-206, amend
(2)(a) as follows:
42-1-206. Records open to inspection - furnishing of copies -
rules.
(2) (a) Except as provided in subsection (6) of this section, upon
written application and the payment of a fee per copy, or a record search for
each copy requested, the department shall furnish to any person a
photostatic copy of any specified record or accident CRASH report
specifically made a public record by this title and shall, ifrequested, certify
the same. The department shall set the fee in accordance with section
42-2-114.5. The department shall transfer the fee to the state treasurer, who
shall credit the fee to the Colorado DRIVES vehicle services account
created in section 42-1-211 (2).
SECTION 32. In Colorado Revised Statutes, amend 42-1-208 as
follows:
42-1-208. Information on crashes -published.
The department shall receive accident CRASH reports required to be
made by law and shall tabulate and analyze such reports and publish
annually, or at more frequent intervals, statistical information based thereon
as to the number, cause, and location of highway accidents CRASHES. The
statistical information shaH MUST be issued in accordance with the
provisions of section 24-1-136. C.R.S.
PAGE 18-HOUSE BILL 26-1237
SECTION 33. In Colorado Revised Statutes, amend 42-1-216 as
follows:
42-1-216. Destruction of obsolete records.
The department is empowered to destroy or otherwise dispose of all
obsolete motor and other vehicle records, number plates, and badges after
the same have been in its possession for twelve calendar months; but all
records of accidents CRASHES must be preserved by the department for a
period of six years.
SECTION 34. In Colorado Revised Statutes, 42-2-111, amend
(3)(b) as follows:
42-2-111. Examination of applicants and drivers - when
required.
(3) (b) If a fatal motor vehicle accident CRASH involving one or
more licensed drivers or minor drivers occurs, the department, if deemed
appropriate, shall mail a written notice to all such drivers involved in the
accident CRASH requiring such drivers to submit to examination. If the
department has not mailed a written notice to any driver involved in a fatal
accident CRASH within ninety days after the department receives notice
regarding such accident CRASH, the department shall not reqmre an
examination of such driver based upon such accident CRASH.
SECTION 35. In Colorado Revised Statutes, 42-2-121, amend
(2)(a) and (2)(c)(I)(A) as follows:
42-2-121. Records to be kept by department - admission of
records in court.
(2) (a) The department shall also file all accident CRASH reports,
abstracts of court records of convictions received by it under the laws of this
state, departmental actions, suspensions, restrictions, revocations, denials,
cancellations, reinstatements, and other permanent records and, in
connection therewith, maintain a driver's history by making suitable
notations in order that an individual record of each licensee showing the
convictions of such licensee, the departmental actions, and the traffic
accidents CRASHES in which the licensee has been involved, except those
PAGE 19-HOUSE BILL 26-1237
accidents CRASHES not resulting in a conviction and those traffic violations
which occur outside of the boundaries of this state, shalt be readily
ascertainable and available for the consideration of the department upon any
application for renewal of license and at other suitable times.
( c) (I) The following records and documents filed with, maintained
by, or prepared by the department are official records and documents of the
state of Colorado:
(A) Accident CRASH reports;
SECTION 36. In Colorado Revised Statutes, 42-2-121.5, amend
(3) as follows:
42-2-121.5. Emergency contact information - website form -
license application -driver's license database.
(3) An officer of a law enforcement or public safety agency who is
authorized to access the driver's license database may obtain a person's
emergency contact information from the database if the person is injured or
killed as a result of an accident, CRASH, criminal act, or other emergency
situation. The officer may contact the persons listed in the emergency
contact information and notify them of the emergency situation and the
condition and location of the person who has been injured or killed.
SECTION 37. In Colorado Revised Statutes, 42-2-125, amend
(1)(1) as follows:
42-2-125. Mandatory revocation of license and permit.
( 1) The department shall immediately revoke the license or permit
of any driver or minor driver upon receiving a record showing that the
driver has:
(1) Been found to have knowingly and willfully left the scene of an
accident A CRASH involving a commercial motor vehicle driven by the
person;
SECTION 38. In Colorado Revised Statutes, 42-2-127, amend
(l)(a) and (5)(a) as follows:
PAGE 20-HOUSE BILL 26-1237
42-2-127. Authority to suspend license -to deny license -type of
conviction -points.
(1) (a) Except as provided in paragraph (b) of subsection (8)
SUBSECTION (8)(b) of this section, the department has the authority to
suspend the license of any driver who, in accordance with the schedule of
points set forth in this section, has been convicted of traffic violations
resulting in the accumulation of twelve points or more within any twelve
consecutive months or eighteen points or more within any twenty-four
consecutive months, or, in the case of a minor driver eighteen years of age
or older, who has accumulated nine points or more within any twelve
consecutive months, or twelve points or more within any twenty-four
consecutive months, or fourteen points or more for violations occurring
after reaching the age of eighteen years, or, in the case of a minor driver
under the age of eighteen years, who has accumulated more than five points
within any twelve consecutive months or more than six points for violations
occurring prior to reaching the age of eighteen years; except that the
accumulation of points causing the subjection to suspension of the license
of a chauffeur who, in the course of employment, has as a principal duty the
operation of a motor vehicle shall be IS sixteen points in one year,
twenty-four points in two years, or twenty-eight points in four years, if all
the points are accumulated while said chauffeur is in the course of
employment. Any provision of this section to the contrary notwithstanding,
the license of a chauffeur who is convicted of DUI, DUI per se, DWAI,
UDD, or leaving the scene of an accident shall A CRASH MUST be suspended
in the same manner as if the offense occurred outside the course of
employment. Whenever a minor driver under the age of eighteen years
receives a summons for a traffic violation, the minor's parent or legal
guardian or, if the minor is without parents or guardian, the person who
signed the minor driver's application for a license shalt MUST immediately
be notified by the court from which the summons was issued.
(5) Point system schedule:
Type of conviction Points
(a) Leaving scene of accident CRASH .................... 12
SECTION 39. In Colorado Revised Statutes, 42-2-127.1, amend
(3) as follows:
PAGE 21-HOUSE BILL 26-1237
42-2-127.1. Driving improvement course -points waiver -rules
-definitions -notice to revisor of statutes - repeal.
(3) To obtain approval of a driving improvement course, a
commercial driving school must apply to the department in the manner
specified in rules promulgated under subsection (2)(a) of this section and
must demonstrate that the driving improvement course provides education
in the traffic laws of this state, recognition of hazardous traffic situations,
and traffic accident CRASH prevention.
SECTION 40. In Colorado Revised Statutes~ 42-2-127.9, amend
(l)(a) and (7)(c)(I) as follows:
42-2-127.9. Authority to suspend driver's license - leaving the
scene of a crash.
(1) (a) The department may suspend the driver's license of any
person upon the department's determination that there is proof by a
preponderance of the evidence that the person was the driver of a vehicle
directly involved in an accident A CRASH resulting in serious bodily injury
to or death of any person and failed to immediately stop the vehicle at the
scene of the aeeidcnt CRASH, or as close to the scene as possible, or
immediately return to the scene of the accident CRASH, as required by
section 42-4-1601.
(7) (c) (I) When a license is suspended under subsection (l)(a) of
this section, the sole issue at the hearing shall be IS whether, based on a
preponderance of the evidence, the person was the driver of a vehicle
directly involved in an-aeeidcnt A CRASH resulting in serious bodily injury
to or death of any person and failed to immediately stop the vehicle at the
scene of the accident CRASH, or as close to the scene as possible, or
immediately return to the scene of the accident CRASH as required by section
42-4-1601. If the presiding hearing officer finds in the affirmative on that
issue, the suspension order shalt MUST be sustained and the presiding
hearing officer shall then consider whether or not to issue a probationary
license in accordance with subsection (9) of this section. If the presiding
hearing officer finds in the negative on that issue, the suspension order shalt
MUST be rescinded.
SECTION 41. In Colorado Revised Statutes, 42-2-138, amend (3)
PAGE 22-HOUSE BILL 26-1237
as follows:
42-2-138. Driving under restraint -penalty -definitions.
(3) The department, upon receiving a record of conviction or
accident CRASH report of any person for an offense committed while
operating a motor vehicle, shall immediately examine its files to determine
if the license or operating privilege of such person has been restrained. If
it appears that said offense was committed while the license or operating
privilege of such person was restrained for a reason other than an
outstanding judgment, except as permitted by section 42-2-132.5, the
department shall not issue a new license or grant any driving privileges for
an additional period of one year after the date such person would otherwise
have been entitled to apply for a new license or for reinstatement of a
suspended license and shall notify the district attorney in the county where
such violation occurred and request prosecution of such person under
subsection (1) of this section.
SECTION 42. In Colorado Revised Statutes, 42-2-202, amend
(2)(a)(VI) as follows:
42-2-202. Habitual offenders -frequency and type of violations.
(2) (a) An habitual offender is a person having three or more
convictions of any of the following separate and distinct offenses arising
out of separate acts committed within a period of seven years:
(VI) Conviction of the driver of a motor vehicle involved in any
accident CRASH involving death or personal injuries for failure to perform
the duties required of such person under section 42-4-1601.
SECTION 43. In Colorado Revised Statutes, 42-2-206, amend
(l)(b)(I) introductory portion and (l)(b)(l)(E) as follows:
42-2-206. Driving after revocation prohibited.
( 1) (b) (I) A person commits the crime of aggravated driving with
a revoked license if he m she THE PERSON is found to be an habitual
offender and thereafter operates a motor vehicle in this state while the
revocation of the department prohibiting such operation is in effect and, as
PAGE 23-HOUSE BILL 26-1237
a part of the same criminal episode, also commits any of the following
offenses:
(E) Violation of any of the requirements specified for accidents
CRASHES and accident CRASH reports in sections 42-4-1601 to 42-4-1606;
or
SECTION 44. In Colorado Revised Statutes, 42-4-110, amend
(l)(d)(I)(C) as follows:
42-4-110. Provisions uniform throughout state - legislative
declaration.
(1) This article 4 must be applicable and uniform throughout this
state and in all political subdivisions and municipalities. Cities and counties,
incorporated cities and towns, and counties shall regulate and enforce all
traffic and parking restrictions on streets that are state highways as provided
in section 43-2-135 ( 1 )(g), and all local authorities may enact and enforce
traffic regulations on other roads and streets within their respective
jurisdictions. All such regulations are subject to the following conditions
and limitations:
( d) (I) Local authorities do not have the power to enact regulations
governmg:
(C) The duties and obligations of persons involved in traffic
accidents CRASHES; and
SECTION 45. In Colorado Revised Statutes, 42-4-118, amend
(5)(a) and (5)(c) as follows:
42-4-118. Establishment of wildlife crossing zones -speed limit
-definition.
(5) In establishing a lower speed limit within a wildlife crossing
zone, the department of transportation shall give due consideration to
factors including, but not limited to, the following:
(a) The percentage of traffic accidents CRASHES that occur within
the area that involve the presence of wildlife on the public highway;
PAGE 24-HOUSE BILL 26-1237
( c) The relative numbers of traffic accidents CRASHES that occur
within the area during the daytime and evening hours and involve the
presence of wildlife on the public highway.
SECTION 46. In Colorado Revised Statutes, 42-4-221, amend
(12)(b )(Il)(A) as follows:
42-4-221. Bicycle, electric scooter, and personal mobility device
equipment - penalty - sale of electrical assisted bicycle equipment
requirements -deceptive trade practice.
( 12) (b) A person shall not advertise, offer for sale, or sell, in a store
or online, a vehicle that is not an electrical assisted bicycle:
(11) (A) Using the words "electrical assisted bicycle", "electric bike",
or "e-bike" or other similar terms without providing the following
disclosure in clearly legible, written form: "This vehicle is not an electrical
assisted bicycle as defined in state law pursuant to section 42-1-102,
Colorado Revised Statutes. It is instead a type of motor vehicle and subject
to applicable motor vehicle laws if used on public roads or public lands.
Your insurance policies may not provide coverage for accidents CRASHES
involving the use of this vehicle. To determine coverage, you should contact
your insurance company or agent."
SE CTION 47. In Colorado R evised Statutes, 42-4-230, amend (4)
as follows:
42-4-230. Emergency lighting equipment -who must carry.
(4) No A motor vehicle operating as a tow truck, as defined in
section 40-10.1-101 (21 ), C.R.S., at the scene of an accident A CRASH shall
NOT move or attempt to move any wrecked vehicle without first complying
with those sections of the law concerning emergency lighting.
SECTION 48. In Colorado Revised Statutes, 42-4-235, amend
(4)(a)(I) as follows:
42-4-235. Minimum standards for commercial vehicles -motor
carrier safety fund -created -definitions - rules - penalties.
PAGE 25-H OUSE BILL 26-1237
(4) (a) (I) Except as described in subsection (4)(a)(III) of this
section, the chief of the Colorado state patrol shall adopt rules for the
operation of all commercial vehicles and, as specified in subsection
( 4)(a)(II) of this section, vehicles that would be commercial vehicles but for
the fact that they have a manufacturer's gross vehicle weight rating or gross
combination rating often thousand one pounds or more but not more than
sixteen thousand pounds. In adopting the rules, the chief shall use as general
guidelines the standards contained in the current rules and regulations of the
United States department of transportation relating to safety regulations,
qualifications of drivers, driving of motor vehicles, parts and accessories,
notification and reporting of aeeidents CRASHES, hours of service of drivers,
inspection, repair and maintenance of motor vehicles, financial
responsibility, insurance, and employee safety and health standards; except
that rules regarding financial responsibility and insurance do not apply to
a commercial vehicle as defined in subsection (1) of this section that is also
subject to regulation by the public utilities commission under article 10.1
of title 40. On and after September 1, 2003, all commercial vehicle safety
inspections conducted to determine compliance with rules promulgated by
the chief pursuant to this subsection (4)(a) must be performed by an
enforcement official, as defined in section 42-20-103 (2), who has been
certified by the commercial vehicle safety alliance, or any successor
organization thereto, to perform level I inspections.
SECTION 49. In Colorado Revised Statutes, 42-4-236, amend
(l)(a.5) as follows:
42-4-236. Child restraint systems required - definitions -
exemptions -penalty.
( 1) As used in this section, unless the context otherwise requires:
(a.5) "Child restraint system" means a specially designed seating
system that is designed to protect, hold, or restrain a child in a motor vehicle
in such a way as to prevent or minimize injury to the child in the event of
a motor vehicle aeeidcnt CRASH that is either permanently affixed to a motor
vehicle or is affixed to such vehicle by a safety belt or a universal
attachment system, and that meets the federal motor vehicle safety standards
set forth in section 49 CFR 571.213, as amended.
SECTION 50. In Colorado Revised Statutes, 42-4-237, amend (7)
PAGE 26-HOUSE BILL 26-1237
as follows:
42-4-237. Safety belt systems - mandatory use - exemptions -
penalty -definitions.
(7) Evidence of failure to comply with the requirement of subsection
(2) of this section shall be IS admissible to mitigate damages with respect
to any person who was involved in a motor vehicle accident OR CRASH and
who seeks in any subsequent litigation to recover damages for injuries
resulting from the accident CRASH. Such mitigation shall be IS limited to
awards for pain and suffering and shaft MUST not be used for limiting
recovery of economic loss and medical payments.
SECTION 51. In Colorado Revised Statutes, 42-4-239, amend
(l)(a)(II) as follows:
42-4-239. Use of a mobile electronic device - definitions -
penalty.
( 1) As used in this section, unless the context otherwise requires:
(a) "Emergency" means a circumstance in which an individual:
(II) Reports a fire, a traffic accident CRASH in which one or more
injuries are apparent, a serious road hazard, a medical or hazardous
materials emergency, or an individual who is driving in a reckless, careless,
or unsafe manner.
SECTION 52. In Colorado Revised Statutes, 42-4-510, amend
(2)(b) introductory portion and (2)(b )(I) as follows:
42-4-510. Permits for excess size and weight and for
manufactured homes - penalty -rules -definitions.
(2) (b) All applications for permits to move manufactured homes
over state highways shalt MUST comply with the following special
prov1s1ons:
(I) Each such appJication shalt MUST be for a single trip, a special
permit, an annual permit, or, subject to the requirements of paragraph (a) of
PAGE 27-HOUSE BILL 26-1237
subsection (1.5) SUBSECTION (l .5)(a) of this section, an annual fleet permit.
The application shalt MUST be accompanied by a certificate or other proof
of public liability insurance in amounts of not less than one hundred
thousand dollars per person and three hundred thousand dollars per accident
OR CRASH for all manufactured homes moved within this state by the permit
holder during the effective term of the permit. Each application for a single
trip permit shalt MUST be accompanied by an authentication of paid ad
valorem taxes on the used manufactured home.
SECTION 53. In Colorado Revised Statutes, 42-4-808, amend (1)
as follows:
42-4-808. Drivers and pedestrians, other than persons in
wheelchairs, to yield to individuals with disabilities.
(1) Any pedestrian, other than a person in a wheelchair, or any
driver of a vehicle who approaches an individual who has an obviously
apparent disability shall immediately come to a full stop and take such
precautions before proceeding as are necessary to avoid an accident, CRASH,
or injury to said individual. A disability shall be IS deemed to be obviously
apparent if, by way of example and without limitation, the individual is
using a mobility device, is assisted by a service animal, as defined in section
24-34-301, C.R.S., is being assisted by another person, or is walking with
an obvious physical impairment. Any person who violates any provision of
this section commits a class A traffic offense.
SECTION 54. In Colorado Revised Statutes, 42-4-1101, amend ( 6)
as follows:
42-4-1101. Speed limits.
( 6) The provisions of this section shall not be construed to relieve
the party alleging negligence under this section in any civil action for
damages from the burden of proving that such negligence was the
proximate cause of an accident A CRASH.
SECTION 55. In Colorado Revised Statutes, 42-4-1301.1, amend
(8) as follows:
42-4-1301.1. Expressed consent for the taking of blood, breath,
PAGE 28-HOUSE BILL 26-1237
urine, or saliva sample -testing - rules -definition.
(8) Any person who is dead or unconscious shalt MUST be tested to
determine the alcohol or drug content of the person's blood or any drug
content within such person's system as provided in this section. If a test
cannot be administered to a person who is unconscious, hospitalized, or
undergoing medical treatment because the test would endanger the person's
life or health, the law enforcement agency shalt MUST be allowed to test any
blood, urine, or saliva that was obtained and not utilized by a health-care
provider and shalt MUST have access to that portion of the analysis and
results of any tests administered by such provider that shows the alcohol or
drug content of the person's blood, urine: or saliva or any drug content
within the person's system. Such test results shalt ARE not be considered
privileged communications, and the provisions of section 13-90-107 C .R.S .,
relating to the physician-patient privilege shalt DO not apply. Any person
who is dead, in addition to the tests prescribed, shalt MUST also have the
person's blood checked for carbon monoxide content and for the presence
of drugs, as prescribed by the department of public health and environment.
Such information obtained shalt MUST be made a part of the accident CRASH
report.
SECTION 56. In Colorado Revised Statutes, 42-4-1304, amend (7)
as follows:
42-4-1304. Samples of blood or other bodily substance -duties
of department of public health and environment - rules.
(7) The office of the highway safety coordinator, the department, the
Colorado state patrol, and the division of criminal justice within the
department of public safety have access to the results of the tests of samples
taken as a result of a traffic crash for statistical analysis. The division of
parks and wildlife has access to the results of the tests of samples taken as
a result of a boating accident INCIDENT for statistical analysis.
SECTION 57. In Colorado Revised Statutes, 42-4-1409, amend
(3)(a) as follows:
42-4-1409. Compulsory insurance - penalty -legislative intent.
(3) (a) When an accident A CRASH occurs, or when requested to do
PAGE 29-HOUSE BILL 26-1237
so following any lawful traffic contact or during any traffic investigation by
a peace officer, an owner or operator of a motor vehicle or low-power
scooter shall present to the requesting officer immediate evidence of a
complying policy or certificate of self-insurance in full force and effect as
required by law.
SECTION 58. In Colorado Revised Statutes, 42-4-1412, amend
(13) as follows:
42-4-1412. Operation of bicycles, electric scooters, and other
human-powered vehicles.
(13) Upon request, the law enforcement agency havingjurisdiction
shall complete a report concerning an injury or death incident that involves
a bicycle, electrical assisted bicycle, or electric scooter on the roadways of
the state, even if the accident CRASH does not involve a motor vehicle.
SECTION 59. In Colorado Revised Statutes, 42-4-1601, amend
(1), (1.5), and (2) as follows:
42-4-1601. Crashes involving death or personal injuries -duties.
( 1) The driver of any vehicle directly involved in an accident A
CRASH resulting in injury to, serious bodily injury to, or death of any person
shall immediately stop such vehicle at the scene of such accident CRASH or
as close to the scene as possible or shall immediately return to the scene of
the accident CRASH. The driver shall then remain at the scene of the accident
CRASH until the driver has fulfilled the requirements of section 42-4-1603
( 1 ). Every such stop malt MUST be made without obstructing traffic more
than is necessary.
( 1.5) It malt IS not be an offense under this section if a driver, after
fulfilling the requirements of subsection (1) of this section and of section
42-4-1603 (1), leaves the scene of the accident CRASH for the purpose of
reporting the accident CRASH in accordance with the provisions of sections
42-4-1603 (2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident CRASH
PAGE 30-HOUSE BILL 26-1237
resulted in injury to any person;
(b) A class 4 felony if the aceident CRASH resulted in serious bodily
injury to any person; OR
( c) A class 3 felony if the accident CRASH resulted in the death of
any person.
SECTION 60. In Colorado Revised Statutes, amend 42-4-1602 as
follows:
42-4-1602. Crash involving damage -duty.
( 1) The driver of any vehicle directly involved in an accident A
CRASH resulting only in damage to a vehicle which is driven or attended by
any person shall immediately stop such vehicle at the scene of such accident
CRASH or as close thereto as possible but shall immediately return to and in
every event shall remain at the scene of such accident CRASH, except in the
circumstances provided in subsection (2) of this section, until the driver has
fulfilled the requirements of section 4 2-4-1603. Every such stop shalt MUST
be made without obstructing traffic more than is necessary. Any person who
violates any provision of this subsection ( 1) commits a class 2 misdemeanor
traffic offense.
(2) When an accident A CRASH occurs on the traveled portion,
median, or ramp of a divided highway and each vehicle involved can be
safely driven, each driver shall move such driver's vehicle as soon as
practicable off the traveled portion, median, or ramp to a frontage road, the
nearest suitable cross street, or other suitable location to fulfill the
requirements of section 42-4-1603.
SECTION 61. In Colorado Revised Statutes, amend 42-4-1603 as
follows:
42-4-1603. Duty to give notice, information, and aid.
( 1) The driver of any vehicle involved in an accident A CRASH
resulting in injury to, serious bodily injury to, or death of any person or
damage to any vehicle which is driven or attended by any person shall give
the driver's name, the driver's address, and the registration number of the
PAGE 31-HOUSE BILL 26-1237
vehicle he or she THE DRIVER is driving and shall upon request exhibit hi-s­
or-her THEIR driver's license to the person struck or the driver or occupant
of or person attending any vehicle collided with and where practical shall
render to any person injured in such accident CRASH reasonable assistance,
including the carrying, or the making of arrangements for the carrying, of
such person to a physician, surgeon, or hospital for medical or surgical
treatment if it is apparent that such treatment is necessary or if the carrying
is requested by the injured person.
(2) In the event that none of the persons specified are in condition
to receive the information to which they otherwise would be entitled under
subsection ( 1) of this section and no police officer is present, the driver of
any vehicle involved in such accident CRASH, after fulfilling all other
requirements of subsection (1) of this section, insofar as possible on the
driver's part to be performed, shall immediately report such accident CRASH
to the nearest office of a duly authorized police authority as required in
section 42-4-1606 and submit thereto the information specified in
subsection ( 1) of this section.
SECTION 62. In Colorado Revised Statutes, amend 42-4-1604 as
follows:
42-4-1604. Duty upon striking unattended vehicle or other
property.
The driver of any vehicle which collides with or is involved in an
accident A CRASH with any vehicle or other property which is unattended
resulting in any damage to such vehicle or other property shall immediately
stop and either locate and notify the operator or owner of such vehicle or
other property of such fact, the driver's name and address, and the
registration number of the vehicle he or she THE DRIVER is driving or attach
securely in a conspicuous place in or on such vehicle or other property a
written notice giving the driver's name and address and the registration
number of the vehicle he or she THE DRIVER is driving. The driver shall also
make report of such accident CRASH when and as required in section
42-4-1606. Every stop sha-H MUST be made without obstructing traffic more
than is necessary. This section sha-H DOES not apply to the striking of
highway fixtures or traffic control devices which shall be IS governed by the
provisions of section 42-4-1605. Any person who violates any provision of
this section commits a class 2 misdemeanor traffic offense.
PAGE 32-HOUSE BILL 26-1237
SECTION 63. In Colorado Revised Statutes, amend 42-4-1605 as
follows:
42-4-1605. Duty upon striking highway fixtures or traffic
control devices.
The driver of any vehicle involved in an accident A CRASH resulting
only in damage to fixtures or traffic control devices upon or adjacent to a
highway shall notify the road authority in charge of such prope11y of that
fact and of the driver's name and address and of the registration number of
the vehicle he or she THE DRIVER is driving and shall make report of such
accident CRASH when and as required in section 42-4-1606. Any person
who violates any provision of this section commits a class 2 misdemeanor
traffic offense.
SECTION 64. In Colorado Revised Statutes, 42-4-1606, amend
(1), (3), and (4) as follows:
42-4-1606. Duty to report crashes.
( 1) The driver of a vehicle involved in a traffic accident CRASH
resulting in injury to, serious bodily injury to, or death of any person or any
property damage shall, after fulfilling the requirements of sections
42-4-1602 and 42-4-1603 (1), give immediate notice of the location of such
accident CRASH and such other information as is specified in section
42-4-1603 (2) to the nearest office of the duly authorized police authority
and, if so directed by the police authority, shall immediately return to and
remain at the scene of the accident CRASH until said police have arrived at
the scene and completed their investigation thereat.
(3) The department may require any driver of a vehicle involved in
an accident A CRASH of which report must be made as provided in this
section to file supplemental reports whenever the original report is
insufficient in the opinion of the department and may require witnesses of
accidents CRASHES to render reports to the department.
(4) (a) ffl It is the duty of all law enforcement officers who receive
notification of traffic accidents CRASHES within their respective
jurisdictions or who investigate such accidents CRASHES either at the time
of or at the scene of the accident CRASH or thereafter by interviewing
PAGE 33-HOUSE BILL 26-1237
participants or witnesses to submit reports of all such accidents CRASHES to
the department on the form provided, including insurance information
received from any driver, within five days of the time they receive such
information or complete their investigation. The law enforcement officer
shall indicate in such report whether the inflatable restraint system in the
vehicle, if any, inflated and deployed in the accident. For the purposes of
this section, "inflatable restraint system" has the same meaning as set forth
in 49 CFR sec. 507.208 S4.1.5.l (b).
(II) Repealed.
(b) The law enforcement officer shalt IS not be required to complete
an investigation or file an accident A CRASH report:
(I) In the case of a traffic accident CRASH involving a motor vehicle,
if the law enforcement officer has a reasonable basis to believe that damage
to the property of any one person does not exceed one thousand dollars and
if the traffic accident CRASH does not involve injury to or death of any
person; except that the officer shall complete an investigation and file a
report if specifically requested to do so by one of the participants or if one
of the participants cannot show proof of insurance; or
(II) In the case of a traffic accident OR CRASH not involving a motor
vehicle, if the traffic accident OR CRASH does not involve serious bodily
injury to or death of any person.
SECTION 65. In Colorado Revised Statutes, 42-4-1607, amend ( 1)
as follows:
42-4-1607. When driver unable to give notice or make written
report.
( 1) Whenever the driver of a vehicle is physically incapable of
giving an immediate notice of an accident A CRASH as required in section
42-4-1606 ( 1) and there was another occupant in the vehicle at the time of
the accident CRASH capable of doing so, such occupant shall give or cause
to be given the notice not given by the driver.
SE CTION 66. In Colorado Revised Statutes, amend 42-4-1608 as
follows:
PAGE 34-HOUSE BILL 26-1237
42-4-1608. Crash report forms.
(1) The department shall prepare and upon request supply to police
departments, coroners, sheriffs, and other suitable agencies or individuals
forms for aeeident CRASH reports required under this artiele ARTICLE 4,
which reports shall MUST call for sufficiently detailed information to
disclose, with reference to a traffic aeeident CRASH, the contributing
circumstances, the conditions then existing, and the persons and vehicles
involved.
(2) Every required aeeident CRASH report shall MUST be made on a
form approved by the department, where such form is available.
SECTION 67. In Colorado Revised Statutes, amend 42-4-1609 as
follows:
42-4-1609. Coroners to report.
Every coroner or other official performing like functions shall on or
before the tenth day of each month report in writing to the department the
death of any person within such official's jurisdiction during the preceding
calendar month as the result of an aeeident A CRASH involving a motor
vehicle and the circumstances of such aeeident CRASH.
SECTION 68. In Colorado Revised Statutes, amend 42-4-1610 as
follows:
42-4-1610. Reports by interested parties confidential.
All aeeident CRASH reports and supplemental reports required by law
to be made by any driver, owner, or person involved in any aeeidcnt shall
be CRASH ARE without prejudice to the individual so reporting and shall be
ARE for the confidential use of the department; except that the department
may disclose the identity of a person involved in an aeeidcnt A CRASH when
such identity is not otherwise known or when such person denies his 01 hct
THE PERSON'S presence at such aeeidcnt CRASH. Except as provided in
section 42-7-504 (2), no such report shall MAY be used as evidence in any
trial, civil or criminal, arising out of an aeeidcnt A CRASH; except that the
department shall furnish, upon demand of any person who has, or claims to
have, made such a report or upon demand of any court, a certificate
PAGE 35-HOUSE BILL 26-1237
showing that a specified accident CRASH report has or has not been made to
the department solely to prove a compliance or failure to comply with the
requirement that such a report be made to the department. This section shall
not be construed to mean that reports of investigation or other reports made
by sheriffs, police officers, coroners, or other peace officers shall be ARE
confidential, but the same shall be ARE public records and shall be ARE
subject to the provisions of section 42-1-206.
SECTION 69. In Colorado Revised Statutes, amend 42-4-1611 as
follows:
42-4-1611. Tabulation and analysis of reports.
The department shall tabulate and may analyze all accident CRASH
reports and shall publish annually or at more frequent intervals statistical
information based thereon as to the number and circumstances of traffic
accidents CRASHES and in such a way that the information may be of value
to the department of transportation in eliminating roadway hazards. The
statistical information shall MUST be issued in accordance with the
provisions of section 24-1-136. C.R.S.
SECTION 70. In Colorado Revised Statutes, 42-4-1612, amend (2)
and (3) as follows:
42-4-1612. Crashes in state highway work areas.
(2) For purposes of this section, "state highway work area" includes
any area where an employee of the department of transportation is working
at the time a fatal accident CRASH occurs.
(3) Nothing in this section shall be construed to require the
department of transportation or the Colorado state patrol to specifically
identify by name any individual killed, injured, or otherwise involved in an
accident A CRASH.
SECTION 71. In Colorado Revised Statutes, 42-4-1701, amend
(S)(c)(I) introductory portion and (S)(c)(I)(C) as follows:
42-4-1701. Traffic offenses and infractions classified-penalties
- penalty and surcharge schedule -repeal.
PAGE 36-HOUSE BILL 26-1237
(5) (c) (I) The penalty and surcharge schedules of subsection (4) of
this section and the penalty assessment notice provisions of paragraphs (a)
and (b) of this subsection (5) shall SUBSECTIONS (5)(a) AND (5)(b) OF THIS
SECTION DO not apply to violations constituting misdemeanors, petty
offenses, or misdemeanor traffic offenses not specified in said subsection
( 4) of this section nor shall they AND DO NOT apply to the violations
constituting misdemeanors, petty offenses, misdemeanor traffic offenses,
or traffic infractions specified in said subsection ( 4) of this section when it
appears that:
(C) The alleged violation has caused, or contributed to the cause of,
an accident A CRASH resulting in appreciable damage to property of another
or in injury or death to any person;
SECTION 72. In Colorado Revised Statutes, 42-4-1705, amend
(l)(b) and (l)(d) as follows:
42-4-1705. Person arrested to be taken before the proper court.
( 1) Whenever a person is arrested for any violation of this article 4
punishable as a misdemeanor, the arrested person must be taken without
unnecessary delay before a county judge who has jurisdiction of such
offense as provided by law, in any of the following cases:
(b) When the person is arrested and charged with an offense under
this article ARTICLE 4 causing or contributing to an accident A CRASH
resulting in injury or death to any person;
( d) When the person is arrested upon a charge of failure to stop in
the event of an accident A CRASH causing death, personal injuries, or
damage to property;
SECTION 73. In Colorado Revised Statutes, 42-4-1717, amend ( 1)
and (2) as follows:
42-4-1717. Conviction - attendance at driver improvement
school - rules.
(I) Except as otherwise provided in subsection (2) of this section,
if a person has been convicted of violating this article ARTICLE 4 or any
PAGE 37-HOUSE BILL 26-1237
other law regulating the operation of motor vehicles other than a violation
of section 42-4-1301, the court may require the defendant, at the defendant's
expense, to attend and satisfactorily complete a course of instruction at any
designated driver improvement school providing instruction in: The traffic
laws of this state, recognition of hazardous traffic situations, and traffic
accident CRASH prevention. Upon completion of the course, the court may
suspend all or a portion of the fine or sentence of imprisonment. Unless
otherwise provided by law, the school must be approved by the court.
(2) Whenever a minor under eighteen years of age has been
convicted of violating any provision of this article ARTICLE 4 or other law
regulating the operation of vehicles on highways, other than a traffic
infraction, the court shall require the minor to attend and satisfactorily
complete a course of instruction at any designated driver improvement
school providing instruction in the traffic laws of this state, instruction in
recognition ofhazardous traffic situations, and instruction in traffic accident
CRASH prevention. The court shall impose the driver improvement school
requirement in addition to the penalty provided for the violation or as a
condition of either the probation or the suspension of all or any portion of
any fine or sentence of imprisonment for the violation. The minor, or the
minor's parent or parents who appear in court with the minor in accordance
with section 42-4-1716 ( 4 ), shall pay the cost of attending the designated
driver improvement school. The courts shall make available information on
scholarships and other financial assistance available to help minors or their
parents offset the costs of driver improvement school. Unless otherwise
provided by law, such school shalt MUST be approved by the court.
SECTION 74. In Colorado Revised Statutes, 42-4-2402, amend
(2)( c ), (2)(f), (3)(b )(II), and (3)(b )(III) as follows:
42-4-2402. Event data recorders.
(2) Event data that is recorded on an event data recorder is the
personal information of the motor vehicle's owner, and therefore the
information shall not be retrieved by a person who is not the owner of the
motor vehicle, except in the following circumstances:
( c) The data is subject to discovery pursuant to the rules of civil
procedure in a claim arising out of a motor vehicle accident CRASH;
PAGE 38-HOUSE BILL 26-1237
(f) A peace officer retrieves the data pursuant to a court order as part
of an investigation of a suspected violation of a law that has caused, or
contributed to the cause of, an accident A CRASH resulting in damage of
property or injury to a person.
(3) (b) A person authorized to download or retrieve data from an
event data recorder may release the data in the following circumstances:
(II) The data is subject to discovery pursuant to the rules of civil
procedure in a claim arising out of a motor vehicle accident CRASH;
(III) The data is released pursuant to a court order as part of an
investigation of a suspected violation of a law that has caused, or
contributed to the cause of, an accident A CRASH resulting in appreciable
damage of property or injury to a person;
SECTION 75. In Colorado Revised Statutes, 42-7-102, amend (1),
(2)(a) introductory portion, (2)(a)(I), and (2)(a)(III) as follows:
42-7-102. Legislative declaration.
(I) The general assembly is acutely aware of the toll in human
suffering and loss of life, limb, and property caused by negligence in the
operation of motor vehicles in our state. Although it recognizes that this
basic problem can be and is being dealt with by direct measures designed
to protect our people from the ravages of irresponsible drivers, the general
assembly is also very much concerned with the financial loss visited upon
innocent traffic accident CRASH victims by negligent motorists who are
financially irresponsible. In prescribing the sanctions and requirements of
this article ARTICLE 7, it is the policy of this state to induce and encourage
all motorists to provide for their financial responsibility for the protection
of others, and to assure the widespread availability to the insuring public of
insurance protection against financial loss caused by negligent financially
irresponsible motorists.
(2) (a) The general assembly hereby finds that motor vehicle
accidents CRASHES cause a substantial economic impact in lost wages,
medical bills, and property destruction exacerbated by the following:
(I) Some negligent motorists are uninsured or flee the scene of an
PAGE 39-HOUSE BILL 26-1237
accident CRASH.
(III) When innocent traffic accident CRASH victims cannot access
either the negligent driver's automobile liability policy or their own
uninsured motorist coverage, the burden of the uncompensated losses are
borne by the taxpayer in the form of taxes for medicaid, by trauma facilities
in the form of uncompensated hospital-related costs, and by the innocent
victim.
SECTION 76. In Colorado Revised Statutes, 42-7-103, amend (2)
and (14)(a); repeal (l); and add (3.5) as follows:
42-7-103. Definitions.
As used in this article 7, unless the context otherwise requires:
(1) "Accident" means a motor vehicle accident occuning on public
or private property within this state.
(2) "Automobile liability policy" or "bond" means a liability policy
or bond subject, if the accident CRASH has resulted in bodily injury or death,
to a limit, exclusive of interest and costs, of not less than twenty-five
thousand dollars because of bodily injury to or death of one person in any
one accident CRASH and, subject to said limit for one person, to a limit of
not less than fifty thousand dollars because of bodily injury to or death of
two or more persons in any one accident CRASH, and, if the accident CRASH
has resulted in injury to or destruction of property, to a limit of not less than
fifteen thousand dollars because of injury to or destruction of property of
others in any one accident CRASH.
(3 .5) "CRASH" MEANS A MOTOR VEHICLE COLLISION OR INCIDENT
OCCURRING ON PUBLIC OR PRIVATE PROPERTY WITHIN THE ST A TE, INCLUDING
EVENTS INVOLVING MOTOR VEHICLES, VULNERABLE ROAD USERS AS DEFINED
IN SECTION 42-4-1402.5 (1), OR OTHER TRANSPORTATION DEVICES.
(14) (a) "Proof of financial responsibility for the future", also
referred to in this article ARTICLE 7 as proof of financial responsibility,
means proof of ability to respond in damages for liability, on account of
accidents CRASHES occurring after the effective date of said proof, arising
out of the ownership, maintenance, or use of a motor vehicle, in the amount
PAGE 40-HOUSE BILL 26-1237
of twenty-five thousand dollars because of bodily injury to or death of one
person in any one accident CRASH, and, subject to said limit for one person,
in the amount of fifty thousand dollars because of bodily injury to or death
of two or more persons in any one accident CRASH, and in the amount of
fifteen thousand dollars because of injury to or destruction of property of
others in any one accident CRASH.
SECTION 77. In Colorado Revised Statutes, 42-7-301, amend (1)
introductory portion, (l)(a), (2), (5), and (6) as follows:
42-7-301. Security and proof of financial responsibility for the
future required under certain circumstances.
(1) Unless exempt under section 42-7-302, an operator or owner
named in an accident A CRASH report required to be filed pursuant to section
42-4-1606 shall file with the director, according to the procedure provided
by this section, both:
(a) Security, in an amount specified after consideration of the
accident CRASH report and written substantiation of such report as provided
in paragraph (b) ofsubsection (3) SUBSECTION (3)(b) ofthis section, which
is sufficient to satisfy any judgments for damages or injuries resulting from
the accident CRASH as may be recovered against such operator or owner but
which in no event shalt MAY exceed the sum of thirty-five thousand dollars;
and
(2) Based upon a report filed pursuant to section 42-4-1606, the
director shall determine whether an operator or owner is required to comply
with the provisions of this article ARTICLE 7 and, if so, shall:
(a) Within fifteen days after receipt of the accident CRASH report,
inform each such operator and each such owner of such requirement and
that the operator or owner's license or nonresident's operating privilege will
be suspended if the operator or owner fails to comply with the provisions
of this article ARTICLE 7;
(b) Within sixty days after receipt of the accident CRASH report, send
written notice of the requirement of filing security and proof of financial
responsibility for the future to each such owner and each such operator at
his or her last-known address, by first-class mail pursuant to section
PAGE 41-HOUSE BILL 26-1237
42-2-119 (2).
(5) When no accident CRASH report is filed or when en-oneous or
incomplete information is given, the director, with regard to the matters set
forth in this article ARTICLE 7, shall, after receipt of con-ect information with
respect to said matters, take whatever appropriate action is indicated,
consistent with the provisions of this article ARTICLE 7.
(6) No policy or bond shall be IS effective under this section unless
issued by an insurance company or surety company authorized to do
business in this state, but the surety requirements of this section may be
satisfied by evidence of a savings account, deposit, or certificate of deposit
meeting the requirements of section 11-35-101. C.R.S. However, if a motor
vehicle was not registered in this state, or if a motor vehicle was registered
elsewhere than in this state at the effective date of the policy or bond, or the
most recent renewal thereof, such policy or bond shall WILL not be effective
under this section unless the insurance company or surety company, if not
authorized to do business in this state, executes a power of attorney
authorizing the director to accept, on its behalf, service of notice or process
in any action upon such policy or bond arising out of such accident CRASH.
SECTION 78. In Colorado Revised Statutes, 42-7-302, amend (1)
introductory portion, (l)(t), (l)(g), (l)(h), (l)(i), and (2) as follows:
• 42-7-302. Exemptions from requirement of filing security and
proof of financial responsibility for the future.
( 1) The requirement of filing security and proof of financial
responsibility for the future pursuant to section 42-7-301 shall DOES not
apply:
(t) To the operator or owner if such owner had in effect at the time
of such accident CRASH an automobile liability policy with respect to the
motor vehicle involved in such accident CRASH;
(g) To the operator, if not the owner of such motor vehicle, ifthere
was in effect at the time of such accident CRASH an automobile liability
policy or bond with respect to the operation of motor vehicles not owned by
that person;
PAGE 42-HOUSE BILL 26-1237
(h) To the operator or owner if the liability of such operator or
owner for damages resulting from such accident CRASH is, in the judgment
of the director, covered by any other form of liability insurance policy or
bond or deposit as provided in section 42-7-418;
(i) To the owner of a motor vehicle if at the time of the accident
CRASH the vehicle was being operated without the owner's express or
implied permission, or was parked by a person who had been operating such
motor vehicle without such permission.
(2) In determining whether any person is exempt from the
requirements of section 42-7-301, the director shall rely upon reports or
other information submitted and, when requested by any person affected by
an accident A CRASH to make a finding of fact, shall consider the report of
the investigating officer, if any, the accident CRASH reports, and any
affidavits of persons having knowledge of the facts.
SECTION 79. In Colorado Revised Statutes, 42-7-303, amend
(1 )(b) and (2) introductory portion as follows:
42-7-303. Duration of suspension.
( 1) The license or nonresident's operating privilege suspended under
section 42-7-301 shall remain so suspended and not be renewed, nor shall
any such license be issued to such person, unless there is filed with the
director evidence satisfactory to the director that such person has been
released from liability, has entered into a contract used as security pursuant
to section 42-7-301 (7), or has been finally adjudicated not liable, or until:
(b) Three years have elapsed following the date of such accident
CRASH and evidence satisfactory to the director has been filed with the
director that during such period no action for damages arising out of such
accident CRASH has been instituted, and such person has filed or then files
and maintains proof of financial responsibility for the future as provided in
section 42-7-408; except that a contract used as security pursuant to section
42-7-301 (7) may provide for a different period of time; or
(2) If the director determines that the driver is not responsible for
any damages to any other party as a result of the accident CRASH, the driver
may:
PAGE 43-HOUSE BILL 26-1237
SECTION 80. In Colorado Revised Statutes, 42-7-304, amend (1),
(2), and (3)(a) as follows:
42-7-304. Custody and disposition of security.
( 1) Security deposited in compliance with the requirements of
section 42-7-301 shalt MUST be placed by the director in the custody of the
state treasurer and shalt MUST be applied only to the payment of a judgment
rendered against the person on whose behalf the d~posit was made, for
damages arising out of the accident CRASH in question in an action at law
begun not later than one year after the date of such accident CRASH. Such
deposit or any balance thereof shalt MUST be returned to the depositor or the
depositor's personal representative, or the person designated by either of
them, when evidence satisfactory to the director has been filed with the
director that there has been a release from liability, or a final adjudication
of nonliability, or a warrant for confession of judgment, or a duly
acknowledged agreement, or whenever, after the expiration of one year
from the date of the accident CRASH, or within one year after the date of
deposit of any security, the director shall be given reasonable evidence that
there is no such action pending and no judgment rendered in such action left
unpaid.
(2) The director may reduce the amount of security ordered in any
case within six months after the date of the accident CRASH if, in the
director's judgment, the amount originally ordered is excessive. In case the
security originally ordered has been deposited, the excess deposit over the
reduced amount ordered shalt MUST be returned immediately to the
depositor or the depositor's personal representative, regardless of any other
provisions of this article ARTICLE 7.
(3) (a) It is the duty of any person having a claim against the security
deposited under the provisions of section 42-7-301, on or before the
expiration of one year from the date of the accident CRASH, to notify the
director in writing under oath that there has been a release of liability, or a
final adjudication of nonliability, or a warrant for confession of judgment,
or a duly acknowledged agreement or that there is no action pending and no
judgment rendered in any such action left unpaid or of any action taken on
said claim which has not been finally determined.
SECTION 81. In Colorado Revised Statutes, 42-7-403, amend (1)
PAGE 44-HOUSE BILL 26-1237
introductory portion, (l)(a), (l)(b), (l)(c), and (3) as follows:
42-7-403. Sufficiency of payments.
(1) Every judgment referred to in this article ARTICLE 7 and for the
purposes of this article shall be ARTICLE 7 IS deemed satisfied:
(a) When twenty-five thousand dollars has been credited upon any
judgment rendered in excess of that amount for or on account of bodily
injury to or the death of one person as the result of any one accident 01
CRASH;
(b) When, subject to said limit of twenty-five thousand dollars as to
one person, the sum of fifty thousand dollars has been credited upon any
judgment rendered in excess of that amount for or on account of bodily
injury to or the death of more than one person as the result of any one
accident OI CRASH;
( c) When fifteen thousand dollars has been credited upon any
judgment rendered in excess of that amount for damage to property of
others in excess of one hundred dollars as a result of any one accident 01
CRASH;
(3) Whenever payment has been made in settlement of any claims
for bodily injury, death, or property damage arising from a motor vehicle
accident CRASH resulting in injury, death, or property damage to two or
more persons in such accident CRASH, any such payment shalt MUST be
credited in reduction of the amounts provided for in this section.
SECTION 82. In Colorado Revised Statutes, amend 42-7-405 as
follows:
42-7-405. Suspension upon second judgment.
After one judgment is satisfied and proof of financial responsibility
is given as required in this article ARTICLE 7 and another such judgment is
rendered against the judgment debtor for any accident CRASH occurring
prior to the date of the giving of said proof and such person fails to satisfy
the latter judgment within the amounts specified in this article ARTICLE 7
within thirty days after the same becomes final, the director shall again
PAGE 45-HOUSE BILL 26-1237
suspend the license of such judgment debtor and shall not renew the same
nor issue to the judgment debtor any license while such latter judgment
remains in effect and unsatisfied within the amounts specified in this article
ARTICLE 7.
SECTION 83. In Colorado Revised Statutes, 42-7-408, amend
( 1 )( c) introductory portion and ( 1 )( c )(I) as follows:
42-7-408. Proof of financial responsibility - methods of giving
proof -duration -exception.
(1) (c) Notwithstanding the three-year requirement in paragraph (b)
of this subsection (1) SUBSECTION (l)(b) OF THIS SECTION:
(I) If an insured has been found guilty of DUI, DUI per se, or DWAI
or if the insured's license has been revoked pursuant to section 42-2-126,
other than a revocation under section 42-2-126 (3 )(b) or (3 )( e ), only one
time and no accident CRASH was involved in such offense, proof of
financial responsibility for the future shall be IS required to be maintained
only for as long as the insured's driving privilege is ordered to be under
restraint, up to a maximum of three years. The time period for maintaining
the future proof of liability insurance shall begin BEGINS at the time the
driver reinstates his or her THE DRIVER'S driving privilege.
SE CTION 84. In Colorado Revised Statutes, 42-7-412, amend ( 1)
introductory portion, (l)(a), and (l)(c) as follows:
42-7-412. Certificate furnished by nonresident.
( 1) The nonresident owner of a foreign vehicle may give proof of
financial responsibility by filing with the director a written certificate of an
insurance carrier authorized to transact business in the state in which the
motor vehicle described in such certificate is registered or if such
nonresident does not own a motor vehicle then in the state in which the
insured resides and otherwise conforming to the provisions of this article
ARTICLE 7, and the director shall accept the same upon condition that said
insurance carrier complies with the following provisions of this section:
(a) Said insurance carrier shall execute a power of attorney
authorizing the director to accept service on its behalf of notice or process
PAGE 46-HOUSE BILL 26-1237
in any action arising out of a motor vehicle accident CRASH in this state.
( c) Said insurance carrier shall also agree to accept as final and
binding any final judgment of any court of competent jurisdiction in this
state duly rendered in any action arising out of a motor vehicle accident
CRASH.
SECTION 85. In Colorado Revised Statutes, 42-7-421, amend (1)
introductory portion and ( 1 )( c) as follows:
42-7-421. When director may release proof of financial
responsibility.
(1) The director, upon request, shall cancel any bond or return any
certificate of insurance, or the director shall direct and the state treasurer
shall return to the person entitled thereto any money or securities deposited
pursuant to this article ARTICLE 7 as proof of financial responsibility, or
waive the requirement of filing proof of financial responsibility in any of
the following events:
( c) In the event the person who has given proof of financial
responsibility surrenders the person's license to the director, but the director
shall not release such proof in the event any action for damages upon a
liability referred to in this article ARTICLE 7 is then pending or any judgment
upon any such liability is then outstanding and unsatisfied or in the event
the director has received notice that such person has within the period of
three months immediately preceding been involved as a driver in any motor
vehicle accident CRASH. An affidavit of the applicant of the nonexistence
of such facts shall be IS sufficient evidence thereof in the absence of
evidence to the contrary in the records of the department.
SECTION 86. In Colorado Revised Statutes, 42-7-502, amend ( 4)
as follows:
42-7-502. Action against nonresident - reciprocity with other
states.
( 4) Upon receipt of certification that the operating privilege of a
resident of this state has been suspended or revoked in any such other state
pursuant to a law providing for its suspension or revocation for failure to
PAGE 47-HOUSE BILL 26-1237
deposit security for the payment of judgments arising out of a motor vehicle
accident CRASH or for failure to deposit security and furnish a statement
evidencing that the resident is insured under an automobile liability
insurance policy or bond or for failure to file and maintain proof of
financial responsibility, under circumstances which would require the
director to suspend a nonresident's operating privilege had the accident
CRASH occurred in this state, the director shall suspend the license of such
resident. Such suspension shall continue until such resident furnishes
evidence of compliance with the law of such other state relating to the
deposit of such security and until such resident furnishes the statement
evidencing automobile liability insurance or a bond, or, as the case may be,
files proof of financial responsibility, if required by such law.
SECTION 87. In Colorado Revised Statutes, amend 42-7-504 as
follows:
42-7-504. Matters not to be evidence in litigation.
( 1) Except as provided in subsection (2) of this section, neither
action taken by the director pursuant to this article ARTICLE 7, any judgment
or court decision on appeal therefrom, the findings of the director in such
action, nor the security deposited, statement evidencing automobile liability
insurance or bond, or proof of financial responsibility filed as provided in
this article ARTICLE 7 shall be referred to nor be evidence of the negligence
or due care of either party of an action at law to recover damages or in a
criminal proceeding arising out of a motor vehicle accident CRASH. This
section shall not apply to an action brought by the director to enforce the
provisions of this article ARTICLE 7.
(2) For the purposes of any civil trial, civil hearing, or arbitration
held in relation to uninsured or underinsured motorist insurance coverage
where the question of the existence of automobile liability insurance is an
issue or when the amount of such insurance is an issue, the director shall
issue, upon request, a certificate under seal. The certificate shalt MUST
contain the motor vehicle operator's name, address, date of birth, and
driver's license number; the date of the accident CRASH; and a statement
indicating whether or not the records indicate that the owner or operator had
in effect at the time of the accident CRASH an effective automobile liability
policy and, if such a policy was in effect, the amount of coverage, the name
of the insurer, and the number of the policy. Such certificate shall be IS
PAGE 48-HOUSE BILL 26-1237
prima facie evidence of the facts contained therein. The director shall
collect for each such certificate an amount sufficient to defray the costs of
administration of this section. Such amount shaH MUST be included as a cost
of the action.
SECTION 88. In Colorado Revised Statutes, 42-7-510, amend (1)
and (2)(a) as follows:
42-7-510. Insurance or bond required.
(1) An owner of a truck that is subject to the registration fee
imposed pursuant to section 42-3-306 (S)(b) or (7) and that is not subject to
article 10.1 of title 40, C.R.S., before operating or permitting the operation
of the vehicle upon a public highway in this state, shall have in each vehicle
a motor vehicle liability policy or a certificate evidencing the policy issued
by an insurance carrier or insurer authorized to do business in Colorado, or
a copy of a valid certificate of self-insurance issued pursuant to section
10-4-624, €:R-£-; or a surety bond issued by a company authorized to do a
surety business in Colorado in the sum of fifty thousand dollars for damages
to property of others; the sum of one hundred thousand dollars for damages
for or on account of bodily injury or death of one person as a result of any
one accident CRASH; and, subject to such limit as to one person, the sum of
three hundred thousand dollars for or on account of bodily injury to or death
of all persons as a result of any one accident CRASH.
(2) (a) Every owner of a motor vehicle designed and used for the
nonemergency transportation of individuals with disabilities as defined in
paragraph (b) of this subsection (2) SUBSECTION (2)(b) OF THIS SECTION,
before operating or permitting the operation of such vehicle upon any public
highway in this state, shall file with the department a certificate evidencing
a motor vehicle liability insurance policy issued by an insurance carrier or
insurer authorized to do business in the state of Colorado or a surety bond
issued by a company authorized to do a surety business in the state of
Colorado with a minimum sum of fifty thousand dollars for damages to
property of others; a minimum sum of one hundred thousand dollars for
damages for or on account of bodily injury or death of one person as a result
of any one accident CRASH; and, subject to such limit as to one person, a
minimum sum of three hundred thousand dollars for or on account of bodily
injury to or death of all persons as a result of any one accident CRASH.
PAGE 49-HOUSE BILL 26-1237
SECTION 89. In Colorado Revised Statutes, 42-7-606, amend
( 1 )(b )(VI) as follows:
42-7-606. Disclosure of insurance information - penalty.
( 1) Information provided by insurers and the department for
inclusion in the database established pursuant to section 42-7-604 is the
property of the insurer or the department, as the case may be, and may not
be disclosed except as follows:
(b) The department shall disclose whether a motor vehicle has the
required insurance coverage upon request by the following individuals and
agencies only:
(VI) Any person suffering loss or injury in a motor vehicle accident
CRASH, but only as part of an accident A CRASH report authorized in part 16
of article 4 of this title TITLE 42; or
SECTION 90. In Colorado Revised Statutes, amend 42-13-101 as
follows:
42-13-101. Scope and effect of article -exception to provisions.
This article shall apply ARTICLE 13 APPLIES to all personal property
acquired or held by a law enforcement agency in the course of motor
vehicle law enforcement or related highway duties and under circumstances
supporting a reasonable belief that such property was abandoned, lost,
stolen, or otherwise illegally possessed, including property left in
abandoned vehicles or at vehicle accident CRASH locations, unclaimed
property obtained by a search and seizure, and unclaimed prope11y used as
evidence in any criminal trial, except for such other personal property as
shall be disposed of in a different manner in accordance with other
Colorado statutes.
SECTION 91. In Colorado Revised Statutes, 42-20-203, amend (2)
as follows:
42-20-203. Carrying of permit and shipping papers.
(2) In the event of an accident OR CRASH involving hazardous
PAGE 50-HOUSE BILL 26-1237
materials, the operator of the motor vehicle shall provide the shipping
papers to the emergency response authorities designated in or pursuant to
article 22 of title 29 C.R.S., and immediately bring to their attention the fact
that the motor vehicle is carrying hazardous materials.
SECTION 92. In Colorado Revised Statutes, amend 42-20-304 as
follows:
42-20-304. Emergency closure of public roads.
Nothing in part 1, 2, or 3 of this article shall limit ARTICLE 20 LIMITS
the authority of state and local authorities to close public roads temporarily
if necessary because of any road construction or maintenance, an accident
OR CRASH, a natural disaster, the weather conditions, or any other
emergency circumstances resulting in making road conditions unsafe for
travel by motor vehicles transporting hazardous materials.
SECTION 93. In Colorado Revised Statutes, 43-5-502, amend
(l)(b) as follows:
43-5-502. Motorcycle operator safety training program -rules.
( 1) (b) The office shall promulgate ADOPT rules establishing
standards for MOST vendors to provide training services. The office shall
promufgate ADOPT rules establishing a system to record program
performance data, including information on motorcycle accidents CRASHES,
injuries, and fatalities among persons who have completed the program.
SECTION 94. In Colorado Revised Statutes, amend 43-5-506 as
follows:
43-5-506. Report.
Notwithstanding section 24-1-13 6 ( 11 )( a )(I), no later than September
1 of each year, the department of public safety shall report to the legislative
audit committee and the house and senate transportation committees, or
their successor committees. The report must comment on the effectiveness
of the program, annual motorcycle accidents CRASHES or fatalities,
availability of training throughout the state, historic and current training
costs, and other performance measures.
PAGE 51-HOUSE BILL 26-1237
SECTION 95. In Colorado Revised Statutes, 44-30-1301, amend
(I )(b )(IV)(H) as follows:
44-30-1301. Definitions - local government limited gaming
impact fund -rules - report - legislative declaration.
( 1) (b) As used in this part 13, unless the context otherwise requires:
(IV) "Negative impacts" means impacts that harm, damage, hurt,
interfere with, or undermine the eligible local governmental entity, and
include, but are not limited to:
(H) Increased traffic and traffic accidents CRASHES;
SECTION 96. Act subject to petition -effective date.
( 1) Except as otherwise provided in this section, this act takes effect
at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly (August 12, 2026, if
adjournment sine die is on May 13, 2026); except that, if a referendum
petition is filed pursuant to section 1 (3) of article V of the state constitution
against this act or an item, section, or part of this act within such period,
then the act, item, section, or part will not take effect unless approved by the
people at the general election to be held in November 2026 and, in such
case, will take effect on the date of the official declaration of the vote
thereon by the governor.
PAGE 52-HOUSE BILL 26-1237
(2) Section 67 of this act takes effect only if House Bill 26-1127
does not become law, in which case section 67 takes effect on the
applicable effective date of this act.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED "" -j:...._,.,till Y'fl:,n 5-t" z= ~-+ 3:mr----­
( ate and Time)
Jared S. Polis
GOVERNO
PAGE 53-HOUSE BILL 26-1237