First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0053.01 Jery Payne x2157 HOUSE BILL 15-1068 HOUSE SPONSORSHIP Wilson, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning the creation of a metric to measure whether a person is impeding traffic. 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://www.leg.state.co.us/billsummaries.) Currently, a driver may not impede the normal flow of traffic except as required by law. The bill creates a presumption that a person is impeding traffic if at least 4 motor vehicles are following immediately behind and the person is traveling at least 5 miles per hour below the speed limit. Vehicles with the slow-moving vehicle emblem are exempted from the law against impeding traffic. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-4-1103, amend (1) and (3) as follows: 42-4-1103. Minimum speed regulation. (1) (a) No A person shall not drive a motor vehicle on any highway at such a slow speed as to impede or block the normal and reasonable forward movement flow of traffic, except when a reduced speed is necessary for safe operation of such a motor vehicle or in compliance with law. (b) For the purposes of this section, a person is rebuttably presumed to be impeding traffic if at least four motor vehicles are following immediately behind the person and the person is traveling at least five miles per hour below the speed limit. (c) This subsection (1) does not apply to a vehicle that: (I) Is designed to drive at less than twenty-five miles per hour or is normally driven at less than twenty-five miles per hour; and (II) Displays a triangular slow-moving vehicle emblem on the rear. (3) Notwithstanding any minimum speed that may be authorized and posted pursuant to this section limit, if any person drives a motor vehicle on a highway outside an incorporated area or on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic following immediately behind, then such driver shall if a person impedes traffic, the person may avoid violating subsection (1) of this section by: (a) Where the width of the traveled way permits, drive driving in the right-hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of section 42-4-1001 (2) until such impeded traffic has passed by; or (b) Pull Pulling off the roadway at the first available place where such the movement can safely and lawfully be made until such the impeded traffic has passed by. SECTION 2. Act subject to petition - effective date - applicability. (1) 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to offenses committed on or after the effective date of this act.