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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0434.02 Ken Fowler x2372 SENATE BILL 26-035
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
CONCERNING AN INCREASE OF TRAFFIC VIOLATION PENALTIES, AND, IN101
CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill increases the penalties for illegally overtaking a vehicle
on the left in a no-passing zone and clarifies that no-passing zones are
indicated by a solid yellow line or line pavement markings. The bill
requires the Colorado department of transportation to prioritize installing
signage on roadways with increased incidents of illegal overtaking on the
left.
SENATE
3rd Reading Unamended
March 18, 2026
SENATE
Amended 2nd Reading
March 17, 2026
SENATE SPONSORSHIP
Roberts, Bridges, Carson, Coleman, Hinrichsen, Kipp, Snyder
HOUSE SPONSORSHIP
Clifford,
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.
The bill increases the penalties for multiple speeding violations
within a one-year, 2-year, or 5-year period. The bill requires that drivers
who have multiple speeding violations within a one-year, 2-year, or
5-year period receive a summons and complaint upon committing their
violation instead of a penalty assessment notice.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado has experienced a concerning rise in deadly traffic4
collisions in recent years, including multiple head-on and other fatal5
crashes on rural highways and across the state that have claimed6
numerous lives;7
(b) Official data from the Colorado department of transportation8
and Colorado state patrol indicate that speeding remains a leading factor9
in traffic fa talities, contributi ng to hundr eds of deaths annually and10
representing a substantial proportion of all motor vehicle fatalities in the11
state;12
(c) Aggressive driving behaviors, such as illegally overtaking a13
vehicle on the left in no-passing zones, and repeated excessive speeding14
violations significantly increase the risk of serious injury and death on15
Colorado roadways and undermine efforts to protect all road users;16
(d) There is demonstrated need to clarify existing statutory17
definitions of no-passing zones, including that they are indicated by solid18
yellow line or line pavement markings, and to strengthen enforcement and19
penalties to deter these dangerous behaviors; and20
(e) Prioritizing the installation of appropriate warning and21
regulatory signage on roadways with elevated incident rates of illegal22
passing and other hazardous driving behaviors, as well as ensuring that23
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drivers with multiple repeated violations face more stringent procedural1
and penalty consequences, will enhance public safety and help reduce2
preventable traffic crashes and fatalities throughout Colorado.3
SECTION 2. In Colorado Revised Statutes, 42-2-127, amend4
(5)(i) as follows:5
42-2-127. Authority to suspend license - to deny license - type6
of conviction - points.7
(5) Point system schedule:8
Type of conviction Points9
( i ) I m p r o p e r p a s s i n g............................... 4 810
SECTION 3. In Colorado Revised Statutes, 42-4-1005, amend11
(3) and (5); and add (3.5) as follows:12
42-4-1005. Limitations on overtaking on the left.13
(3) The department of transportation and local authorities are14
authorized to determine those portions of any highway under their15
respective jurisdictions where overtaking and passing or driving on the16
left side of the roadway would be especially hazar dous and may, by17
appropriate signs or THE BEGINNING AND END OF SOLID YELLOW LINE18
PAVEMENT OR LINE PAVEMENT markings on the roadway, indicate the19
beginning and end of such THE zones. Where such signs or SOLID YELLOW20
LINE OR LINE PAVEMENT markings are in place to define a no-passing zone21
and such THE signs or markings are clearly visible to an ordinarily22
observant person, no A driver shall NOT drive on the left side of the23
roadway within such THE no-passing zone or on the left side of any24
pavement striping designed to mark such THE no-passing zone throughout25
its length.26
(3.5) W ITHIN EXISTING RESOURCES , THE DEPARTMENT OF27
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TRANSPORTATION SHALL PRIORITIZE INSTALLING SIGNAGE ON ROADWAYS1
WITH INCREASED CRASHES RESULTING FROM INCIDENTS OF ILLEGAL2
OVERTAKING ON THE LEFT IN NO -PASSING ZONES. INCREASED CRASHES3
RESULTING FROM INCIDENTS OF ILLEGAL OVERTAKING ON THE LEFT ARE4
MEASURED AS AN INCREASE OF CRASHES RESULTING FROM INCIDENTS OF5
ILLEGAL OVERTAKING ON THE LEFT IN NO -PASSING ZONES OVER THE6
PREVIOUS YEAR'S NUMBER OF CRASHES AS REPORTED BY THE STATEWIDE7
CRASH DATA LISTING MAINTAINED BY THE DEPARTMENT OF8
TRANSPORTATION, AS REQUIRED BY 23 U.S.C. SEC. 148 AND 23 U.S.C.9
SEC. 405.10
(5) Any A person who violates any provision of this section11
commits a class A traffic infraction. THE PENALTY IMPOSED PURSUANT TO12
SECTION 42-4-1701 (4)(a)(I)(K) FOR A VIOLATION OF THIS SECTION IS13
MANDATORY, AND THE COURT SHALL NOT SUSPEND ANY PORTION OF THE14
PENALTY.15
SECTION 4. In Colorado Revised Statutes, 42-4-1101, add (13)16
and (14) as follows:17
42-4-1101. Speed limits - penalties.18
(13) THE DEPARTMENT SHALL ASSESS THE FOLLOWING PENALTY19
FOR DRIVING IN EXCESS OF THE REASONABLE AND PRUDENT SPEED OR20
DRIVING IN EXCESS OF THE MAXIMUM LAWFUL SPEED OF SEVENTY -FIVE21
MILES PER HOUR:22
(a) FOR A SECOND VIOLATION IN A TWELVE-MONTH PERIOD: TWO23
POINTS IN ADDITION TO THE NUMBER OF POINTS DESCRIBED IN SECTION24
42-2-127 (5)(f) FOR THE VIOLATION;25
(b) F OR A THIRD OR SUBSEQUENT VIOLATION IN A26
TWENTY-FOUR-MONTH PERIOD: FOUR POINTS IN ADDITION TO THE NUMBER27
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OF POINTS DESCRIBED IN SECTION 42-2-127 (5)(f) FOR THE VIOLATION ;1
AND2
(c) F OR A FIFTH OR SUBSEQUENT VIOLATION IN A FIVE -YEAR3
PERIOD: EIGHT POINTS IN ADDITION TO THE NUMBER OF POINTS DESCRIBED4
IN SECTION 42-2-127 (5)(f) FOR THE VIOLATION.5
(14) THE DEPARTMENT SHALL ASSESS FOUR POINTS IN ADDITION TO6
THE NUMBER OF POINTS DESCRIBED IN SECTION 42-2-127 (5)(f) FOR7
DRIVING ONE HUNDRED MILES PER HOUR OR GREATER.8
SECTION 5. In Colorado Revised Statutes, 42-4-1701, amend9
(5)(c)(I) introductory portion, and (5)(c)(I)(D); and add (5)(c)(I)(E) as10
follows:11
42-4-1701. Traffic offenses and infractions classified -12
penalties - penalty and surcharge schedule - repeal.13
(5) (c) (I) The penalty and surcharge schedules of subsection (4)14
of this section and the penalty assessment notice provisions of paragraphs15
(a) and (b) of this subsection (5) shall SUBSECTIONS (5)(a) AND (5)(b) OF16
THIS SECTION DO not apply to violations constituting misdemeanors, petty17
offenses, or misdemeanor traffic offenses not specified in said subsection18
(4) of this section, nor shall DO they apply to the violations constituting19
misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic20
infractions specified in said subsection (4) of this section when it appears21
that:22
(D) The defendant has, in the course of the same transaction,23
violated one of the provisions of this title specified in the penalty and24
surcharge schedules in subsection (4) of this section and has also violated25
one or more provisions of this title not so specified, and the peace officer26
charges such defendant with two or more violations, any one of which is27
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not specified in the penalty and surcharge schedules in subsection (4) of1
this section; OR2
(E) THE DEFENDANT IS SUBJECT TO THE PENALTIES SET FORTH IN3
SECTION 42-4-1101 (13) FOR DRIVING IN EXCESS OF THE REASONABLE AND4
PRUDENT SPEED OR DRIVING IN EXCESS OF THE MAXIMUM LAWFUL SPEED5
OF SEVENTY-FIVE MILES PER HOUR MORE THAN ONCE IN A TWELVE-MONTH6
PERIOD, MORE THAN TWICE IN A TWENTY-FOUR-MONTH PERIOD, OR MORE7
THAN FOUR TIMES IN A FIVE-YEAR PERIOD.8
SECTION 6. In Colorado Revised Statutes, 42-20-305, amend9
(2) as follows:10
42-20-305. Deviation from authorized route - penalty.11
(2) Any person who transports hazardous materials by motor12
vehicle in a manner inconsistent with the provisions of subsection (1) of13
this section commits a misdemeanor traffic offense and shall be assessed14
a penalty of two hundred fifty FIVE HUNDRED dollars for each separate15
violation in accordance with the procedure set forth in section 42-20-10516
(2). A person who commits a second or subsequent violation within a17
twelve-month period of transporting hazardous materials by motor18
vehicle in a manner inconsistent with the provisions of subsection (1) of19
this section commits a misdemeanor traffic offense and shall be issued a20
summons and complaint in accordance with the provisions of section21
42-4-1707 (1), and, upon conviction thereof, shall be punished by a fine22
of not less than two hundred fifty FIVE HUNDRED dollars nor more than23
five hundred ONE THOUSAND dollars.24
SECTION 7. Appropriation. (1) For the 2026-27 state fiscal25
year, $30,943 is appropriated to the department of revenue. This26
appropriation is from the Colorado DRIVES vehicle services account in27
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the highway users tax fund created in section 42-1-211 (2), C.R.S. To1
implement this act, the department may use this appropriation as follows:2
(a) $22,880 for DRIVES maintenance and support;3
(b) $2,009 for use by the division of motor vehicles for personal4
services related to driver services;5
(c) $2,706 for use by the executive director's office for personal6
services related to administration and support; and7
(d) $3,348 for payments to OIT.8
SECTION 8. Act subject to petition - effective date -9
applicability. (1) This act takes effect at 12:01 a.m. on the day following10
the expiration of the ninety-day period after final adjournment of the11
general assembly (August 12, 2026, if adjournment sine die is on May 13,12
2026); except that, if a referendum petition is filed pursuant to section 113
(3) of article V of the state constitution against this act or an item, section,14
or part of this act within such period, then the act, item, section, or part15
will not take effect unless approved by the people at the general election16
to be held in November 2026 and, in such case, will take effect on the17
date of the official declaration of the vote thereon by the governor.18
(2) This act applies to traffic infractions committed on or after the19
applicable effective date of this act.20
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