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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0333.01 Jery Payne x2157 HOUSE BILL 26-1286
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING A REQUIREMENT THAT A COMMERCIAL MOTOR VEHICLE101
HAVE A HUMAN PRESENT WHEN THE COMMERCIAL MOTOR102
VEHICLE IS BEING DRIVEN BY AN AUTOMATED DRIVING SYSTEM.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits using an automated driving system to drive a
commercial motor vehicle unless an individual who holds a commercial
driver's license is in the vehicle, monitors the vehicle's driving, and
intervenes, if necessary, to avoid illegal or unsafe driving. If the
commercial vehicle is transporting hazardous materials, the individual
HOUSE SPONSORSHIP
Lieder and Richardson, Bacon, Barron, Brown, Camacho, Carter, Clifford, Duran, Feret,
Flanell, Froelich, Garcia, Garcia Sander, Go ldstein, Hamrick, Hartsook, Jackson, Joseph,
Lukens, Mabrey, Martinez, Mauro, Nguyen, Paschal, Ricks, Rutinel, Rydin, Slaugh, Smith,
Soper, Titone, Velasco, Willford, Winter T., Woodrow, Woog, Zokaie
SENATE SPONSORSHIP
Kolker and Liston,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
must be in the driver's seat. The penalty is $1,000 for a first offense, is
$2,000 for a second offense, and doubles for each subsequent offense.
The bill does not apply to a light-duty vehicle or a truck-mounted
attenuator.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-242, amend (1)2
as follows:3
42-4-242. Automated driving systems - safe harbor.4
(1) SUBJECT TO SECTION 42-2-410, a person may use an automated5
driving system to drive a motor vehicle or to control a function of a motor6
vehicle if the system is capable of complying with every state and federal7
law that applies to the function that the system is operating.8
SECTION 2. In Colorado Revised Statutes, add 42-2-410 as9
follows:10
42-2-410. Automated driving systems for commercial motor11
vehicles - exceptions - definitions.12
(1) A PERSON SHALL NOT USE AN AUTOMATED DRIVING SYSTEM ON13
A HIGHWAY TO DRIVE A COMMERCIAL MOTOR VEHICLE UNLESS AN14
INDIVIDUAL WHO HOLDS A COMMERCIAL DRIVER'S LICENSE:15
(a) IS PHYSICALLY PRESENT IN THE COMMERCIAL MOTOR VEHICLE;16
(b) IS SEATED IN THE DRIVER'S SEAT OF THE COMMERCIAL MOTOR17
VEHICLE IF HAZARDOUS MATERIALS ARE BEING TRANSPORTED;18
(c) MONITORS THE PERFORMANCE OF THE COMMERCIAL MOTOR19
VEHICLE WHILE DRIVING ON THE ROADWAY; AND20
(d) I NTERVENES, IF NECESSARY , TO AVOID ILLEGAL OR UNSAFE21
DRIVING OF THE COMMERCIAL MOTOR VEHICLE.22
(2) THIS SECTION DOES NOT AFFECT THE DUTY OF A PERSON TO23
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COMPLY WITH PART 3 OF ARTICLE 20 OF THIS TITLE 42.1
(3) A PERSON THAT VIOLATES THIS SECTION COMMITS A CLASS A2
TRAFFIC INFRACTION AND IS SUBJECT TO THE PENALTIES SET FORTH IN3
SECTION 42-4-1701 (4)(a)(I)(A) AND (4)(g).4
(4) THIS SECTION DOES NOT APPLY TO A LIGHT-DUTY VEHICLE OR5
A TRUCK-MOUNTED ATTENUATOR.6
(5) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) "COMMERCIAL MOTOR VEHICLE" HAS THE SAME MEANING AS9
"COMMERCIAL VEHICLE" AS SET FORTH IN SECTION 42-4-235 (1)(a).10
(b) "T RUCK-MOUNTED ATTENUATOR " MEANS A HEAVY -DUTY11
TRUCK FITTED WITH AN ENERGY-ABSORBING CRASH DEVICE THAT ACTS AS12
A MOBILE BARRIER TO BE THE FIRST POINT OF CONTACT IN A REAR -END13
COLLISION AND THAT IS USED TO PROTECT PERSONNEL IN A HIGHWAY14
CONSTRUCTION OR MAINTENANCE ZONE.15
SECTION 3. In Colorado Revised Statutes, 42-4-1701, amend16
(4)(a)(I)(A); and add (4)(g) as follows:17
42-4-1701. Traffic offenses and infractions classified -18
penalties - penalty and surcharge schedule - repeal.19
(4) (a) (I) Except as provided in subsection (5)(c) of this section,20
every person who is convicted of, who admits liability for, or against21
whom a judgment is entered for a violation of this title 42 to which22
subsection (5)(a) or (5)(b) of this section applies shall be fined or23
penalized and have a surcharge levied in accordance with sections24
24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty25
and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(S)26
of this section; or, if no penalty or surcharge is specified in the schedule,27
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the penalty for class A and class B traffic infractions is fifteen dollars,1
and the surcharge is four dollars. These penalties and surcharges apply2
whether the defendant acknowledges the defendant's guilt or liability in3
accordance with the procedure set forth by subsection (5)(a) of this4
section, is found guilty by a court of competent jurisdiction, or has5
judgment entered against the defendant by a county court magistrate.6
Penalties and surcharges for violating specific sections are as follows:7
Section Violated Penalty Surcharge8
(A) Driver's license violations:9
42-2-101 $ 35.00 $ 10.0010
42-2-101 (2), (3), or (5) 15.00 6.0011
42-2-103 15.00 6.0012
42-2-105 70.00 10.0013
42-2-105.5 (4) 65.00 10.0014
42-2-106 70.00 10.0015
42-2-115 35.00 10.0016
42-2-116 (6)(a) 30.00 6.0017
42-2-119 15.00 6.0018
42-2-134 35.00 10.0019
42-2-136 35.00 10.0020
42-2-138 100.00 15.0021
42-2-139 35.00 10.0022
42-2-140 35.00 10.0023
42-2-141 35.00 10.0024
42-2-204 70.00 10.0025
42-2-404 100.00 15.0026
42-2-410 1,000.00 150.0027
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(g) T HE PENALTY FOR A SECOND CONVICTION FOR VIOLATING1
SECTION 42-2-410 IS TWO THOUSAND DOLLARS , AND THE PENALTY FOR2
VIOLATING SECTION 42-2-410 DOUBLES FOR EACH SUBSEQUENT3
CONVICTION.4
SECTION 4. Applicability. This act applies to offenses5
committed on or after the effective date of this act.6
SECTION 5. Refer to people under referendum. At the7
election held on November 3, 2026, the secretary of state shall submit this8
act by its ballot title to the registered electors of the state for their9
approval or rejection. Each elector voting at the election may cast a vote10
either "Yes/For" or "No/Against" on the following ballot title: "Shall11
there be a change to the Colorado Revised Statutes creating new law to12
prohibit the use of an automated driving system on a highway to drive a13
commercial motor vehicle unless an individual who holds a commercial14
driver's license is physically present in the commercial motor vehicle, is15
seated in the driver's seat of the commercial motor vehicle while16
hazardous materials are being transported, monitors the performance of17
the commercial motor vehicle while driving on the roadway, and18
intervenes, if necessary, to avoid illegal or unsafe driving of the19
commercial motor vehicle?" Except as otherwise provided in section20
1-40-123, Colorado Revised Statutes, if a majority of the electors voting21
on the ballot title vote "Yes/For", then the act will become part of the22
Colorado Revised Statutes.23
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