Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0064.01 Jery Payne x2157 HOUSE BILL 16-1205 HOUSE SPONSORSHIP Klingenschmitt, Lebsock SENATE SPONSORSHIP Cooke, Marble House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning an exception to the prohibitions against driving a motorcycle around motor vehicles blocking the lanes of traffic moving in the same direction. 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, the driver of a motorcycle is prohibited from driving between rows of motor vehicles or overtaking on the right. The bill allows motorcycles to drive between rows of motor vehicles or overtake on the right when traffic is moving at less than 5 miles per hour if: The motor vehicles that the motorcycle is driving around are traveling in the same direction as the motorcycle and at no more than 5 miles per hour; The motorcycle is driven no faster than 15 miles per hour; and The motorcycle does not exceed by more than 10 miles per hour the speed of traffic the motorcycle is passing. Overtaking on the right is not allowed when a vehicle is using the shoulder. The Colorado department of transportation may notify the public of these changes. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-4-1503, amend (1), (2), and (3) as follows: 42-4-1503. Operating motorcycles on roadways laned for traffic. (1) (a) All motorcycles are The driver of a motorcycle is entitled to full use of a traffic lane. and no motor vehicle (b) Except as authorized by subsection (3) of this section, a person shall be driven not operate a motor vehicle in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to does not prohibit two persons from driving motorcycles operated two abreast in a single lane. (2) Except as authorized by subsection (3) of this section, the operator driver of a motorcycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken. (3) (a) No A person shall not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles; except that the driver of a two-wheeled motorcycle may drive in the same lane as, and between rows of, stopped or moving motor vehicles if: (I) The motor vehicles that the motorcyclist is driving between are traveling in the same direction as the motorcycle is traveling and no faster than five miles per hour; (II) The motorcycle is driven at a speed of fifteen miles per hour or less; and (III) The motorcycle does not exceed by more than ten miles per hour the speed of the motor vehicles the motorcycle is overtaking. (b) This subsection (3) does not authorize the driver of a motorcycle to violate any other provision of this article. (c) The Colorado department of transportation may notify the public, using existing resources, that lane-splitting is legal when authorized by this section and advise drivers to use caution. SECTION 2. In Colorado Revised Statutes, 42-4-1004, amend (1) (b) and (1) (c); and add (1) (d) as follows: 42-4-1004. When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or (c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles; or (d) (I) When the driver of a motorcycle is overtaking stopped or slow-moving motor vehicles and: (A) The motor vehicles that the motorcyclist is driving around are traveling in the same direction and no faster than five miles per hour; (B) The motorcycle is driven at a speed of fifteen miles per hour or less; (C) The motorcycle does not exceed by more than ten miles per hour the speed of the motor vehicles the motorcycle is overtaking; and (D) No other vehicle or motor vehicle is using, for any reason, the shoulder within the visual range of the driver of the motorcycle. (II) The Colorado department of transportation may notify the public, using existing resources, that overtaking on the right is legal when authorized by this section and advise drivers to use caution. SECTION 3. Act subject to petition - effective date. 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.