SENATE BILL 97038
BY SENATORS Rupert, Bishop, Hernandez, Hopper, Johnson, Linkhart, Martinez, Pascoe, Perlmutter, Phillips, Tanner, Thiebaut, and Weddig;
also REPRESENTATIVES Alexander, George, Grossman,
Hagedorn, Leyba, Mace, Morrison, Smith, Tupa, Udall, and Veiga.
CONCERNING THE USE OF ELECTRIC MOTOR VEHICLES, AND,
IN CONNECTION THEREWITH, AUTHORIZING LOCAL AUTHORITIES TO ALLOW
AND REGULATE THE USE OF NEIGHBORHOOD ELECTRIC VEHICLES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 421102
(58), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended, and the said 421102 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
421102. Definitions.
As used in articles 1 to 4 of this title, unless the context otherwise
requires:
(58) "Motor vehicle" means any
selfpropelled vehicle which is designed primarily for travel
on the public highways and which is generally and commonly used
to transport persons and property over the public highways, but
the term does not include motorized bicycles as defined in paragraph
(b) of subsection (59) of this section, wheelchairs as defined
by subsection (113) of this section, or vehicles moved solely
by human power. "MOTOR VEHICLE" INCLUDES A NEIGHBORHOOD
ELECTRIC VEHICLE OPERATED PURSUANT TO SECTION 424111
(aa). For the purposes of the offenses described in sections 422128,
4241301, and 4241401 for farm tractors
operated on streets and highways, "motor vehicle" includes
a farm tractor which is not otherwise classified as a motor vehicle.
(60.5) "NEIGHBORHOOD ELECTRIC VEHICLE"
MEANS A SELFPROPELLED, ELECTRICALLY POWERED MOTOR VEHICLE
THAT:
(a) MEETS THE EQUIPMENT STANDARDS SET
FORTH IN PART 2 OF ARTICLE 4 OF THIS TITLE; AND
(b) HAS A SPEED ATTAINABLE IN ONE MILE
THAT DOES NOT EXCEED TWENTYFIVE MILES PER HOUR.
SECTION 2. 424225,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
424225. Mufflers
prevention of noise. (4) THIS
SECTION SHALL NOT APPLY TO ELECTRIC MOTOR VEHICLES.
SECTION 3. 424206
(3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
424206. Tail lamps and
reflectors. (3) Either a tail
lamp or a separate lamp shall be so constructed and placed as
to illuminate with a white light the rear registration plate and
render it clearly legible from a distance of fifty feet to the
rear. Any tail lamp or tail lamps, together with any separate
lamp for illuminating the rear registration plate, shall be so
wired as to be lighted whenever the head lamps or auxiliary driving
lamps are lighted. THIS SUBSECTION (3) SHALL NOT APPLY TO NEIGHBORHOOD
ELECTRIC VEHICLES.
SECTION 4. 424216,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
424216. Multiplebeam
road lights. (1.5) HEAD LAMPS
ARRANGED TO PROVIDE A SINGLE DISTRIBUTION OF LIGHT NOT SUPPLEMENTED
BY AUXILIARY DRIVING LAMPS SHALL BE PERMITTED FOR NEIGHBORHOOD
ELECTRIC VEHICLES IN LIEU OF MULTIPLEBEAM ROADLIGHTING
EQUIPMENT SPECIFIED IN THIS SECTION IF THE SINGLE DISTRIBUTION
OF LIGHT COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (1) (b)
OF THIS SECTION.
SECTION 5. 424226
(2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
424226. Mirrors
exterior placements. (2) Whenever
any motor vehicle is not equipped with a rear window and rear
side windows or has a rear window and rear side windows composed
of, covered by, or treated with any material or component which,
when viewed from the position of the driver, obstructs the rear
view of the driver or makes such window or windows nontransparent,
or whenever any motor vehicle is towing another vehicle or trailer
or carrying any load or cargo or object which obstructs the rear
view of the driver, such vehicle shall be equipped with an exterior
mirror on each side so located with respect to the position of
the driver as to comply with the visual requirement of subsection
(1) of this section. THIS SUBSECTION (2) SHALL NOT APPLY TO NEIGHBORHOOD
ELECTRIC VEHICLES.
SECTION 6. 424234
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
424234. Slowmoving
vehicles display of emblem. (1) All
machinery, equipment, and vehicles, except bicycles and other
humanpowered vehicles, designed to operate or normally operated
at a speed of less than twentyfive miles per hour on a public
highway shall display a triangular slowmoving vehicle emblem
on the rear. Bicycles and other humanpowered vehicles AND
NEIGHBORHOOD ELECTRIC VEHICLES shall be permitted but not required
to display the emblem specified in this subsection (1).
SECTION 7. Part
1 of article 4 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
424109.5. Neighborhood
electric vehicles. (1) EXCEPT
AS PROVIDED IN SECTION 424111 (1) (aa), NO PERSON
SHALL OPERATE A NEIGHBORHOOD ELECTRIC VEHICLE ON A HIGHWAY.
(2) NO PERSON SHALL OPERATE A NEIGHBORHOOD
ELECTRIC VEHICLE ON A LIMITED ACCESS HIGHWAY.
(3) ANY PERSON WHO VIOLATES ANY PROVISION
OF SUBSECTION (1) OR (2) OF THIS SECTION COMMITS A CLASS B TRAFFIC
INFRACTION.
(4) THE DEPARTMENT OF REVENUE SHALL NOT
REGISTER OR ISSUE TITLE FOR A NEIGHBORHOOD ELECTRIC VEHICLE UNTIL
AFTER SUCH TIME AS THE FEDERAL DEPARTMENT OF TRANSPORTATION THROUGH
THE NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION HAS
ADOPTED A FEDERAL MOTOR VEHICLE SAFETY STANDARD FOR SUCH VEHICLES.
SECTION 8. 424111
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
424111. Powers of local
authorities. (1) The provisions
of this article shall not be deemed to prevent local authorities,
with respect to streets and highways under their jurisdiction
and within the reasonable exercise of the police power, except
those streets and highways which are parts of the state highway
system which are subject to the provisions of section 432135,
C.R.S., from:
(aa) AUTHORIZING AND REGULATING THE OPERATION
OF NEIGHBORHOOD ELECTRIC VEHICLES ON STREETS AND HIGHWAYS UNDER
THEIR JURISDICTION BY RESOLUTION OR ORDINANCE OF THE GOVERNING
BODY, IF SUCH REGULATION IS CONSISTENT WITH THE PROVISIONS OF
THIS TITLE; EXCEPT THAT:
(I) LOCAL AUTHORITIES ARE PROHIBITED FROM
ESTABLISHING ANY REQUIREMENTS FOR THE REGISTRATION AND LICENSING
OF NEIGHBORHOOD ELECTRIC VEHICLES; AND
(II) LOCAL AUTHORITIES ARE PROHIBITED
FROM AUTHORIZING THE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES
ON LIMITED ACCESS HIGHWAYS.
SECTION 9. 424111
(2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
424111. Powers of local
authorities. (2) No ordinance
or regulation enacted under paragraph (a), (b), (e), (f), (g),
(i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (v), (x), or
(y), OR (aa) of subsection (1) of this section shall be effective
until official signs or other traffic control devices conforming
to standards as required by section 424602 and giving
notice of such local traffic regulations are placed upon or at
the entrances to the highway or part thereof affected as may be
most appropriate.
SECTION 10. Effective date
applicability. (1) This act
shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to acts committed on or after the applicable effective date of
this act.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO