First Regular Session

Sixty-first General Assembly

LLS NO. 97­0413.01 MCV SENATE BILL 97­

STATE OF COLORADO

BY SENATOR Hernandez

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING USE OF THE HIGHWAYS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits any person from standing on the traveled portion of a road or in the median of a road for the purpose of selling or advertising any item or service. Makes a violation of such prohibition a class B traffic infraction with a $15 fine.

Provides that the maximum speed for the following vehicles is 55 miles per hour:

· A truck or truck tractor having three or more axles;

· Any motor vehicle that is towing a trailer, semitrailer, or any other vehicle;

· A school bus that is transporting one or more students;

· A farm labor vehicle that is transporting one or more passengers;

· A vehicle transporting explosives.

Authorizes the department of transportation and local jurisdictions to designate lanes for the use of such motor vehicles. If a lane or lanes of a highway have been so designated, requires the driver of such a vehicle to drive in a designated lane. If no lanes have been designated, requires the driver of such a vehicle to drive in the right­hand lane or as far to the right as possible. If a divided highway has four or more lanes in the direction of travel, allows the driver of such a vehicle to also drive in the lane immediately to the left of the right­hand lane. Provides exceptions for a driver who is passing another vehicle, making a turn, exiting or entering a highway, or required to be in a different lane to continue on the driver's intended route. Makes a violation of the lane requirements a class A traffic infraction with a $35 fine and 3 points.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  42­2­127 (5) (f) (I), (5) (f) (II), (5) (f) (III), and (5) (f) (IV), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended, and the said 42­2­127 (5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

42­2­127.  Authority to suspend license ­ to deny license ­ type of conviction ­ points. (5)  Point system schedule:

Type of conviction Points

(f)  Speeding:

(I)  One to four miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), OF FIFTY­FIVE MILES PER HOUR 0

(II)  Five to nine miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), OF FIFTY­FIVE MILES PER HOUR 3

(III)  Ten to nineteen miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), OF FIFTY­FIVE MILES PER HOUR 4

(IV)  Twenty or more miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), OF FIFTY­FIVE MILES PER HOUR 6

(gg)  FAILURE TO DRIVE IN DESIGNATED LANE OR RIGHT­HAND LANE WHEN REQUIRED UNDER SECTION 42­4­1013 3

SECTION 2.  42­4­805 (2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:

42­4­805.  Pedestrians walking or traveling in a wheelchair on highways. (2) (a)  No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle.

(b)  NO PERSON SHALL STAND IN A ROADWAY OR IN THE MEDIAN OF A ROAD FOR THE PURPOSE OF SELLING OR ADVERTISING ANY ITEM OR SERVICE.

(c)  For the purposes of this subsection (2), "roadway" means that portion of the road normally used by moving motor vehicle traffic.

SECTION 3.  Part 10 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:

42­4­1013.  Designated lanes for specified vehicles ­ required use of designated lane or right­hand lane ­ exceptions. (1) (a)  THE DEPARTMENT OF TRANSPORTATION AND LOCAL JURISDICTIONS, WITH RESPECT TO STREETS AND HIGHWAYS UNDER THEIR RESPECTIVE JURISDICTIONS, MAY DESIGNATE LANES OF TRAFFIC FOR THE USE OF ANY VEHICLE DESCRIBED IN SECTION 42­4­1101 (8) (b) (II).

(b)  EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, IF ONE OR MORE LANES OF A HIGHWAY HAVE BEEN DESIGNATED FOR THE VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), A PERSON DRIVING ANY SUCH VEHICLE SHALL DRIVE IN A DESIGNATED LANE.

(c)  EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, IF NO LANES OF A HIGHWAY HAVE BEEN DESIGNATED FOR THE VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), A PERSON DRIVING ANY SUCH VEHICLE SHALL DRIVE IN IN THE RIGHT­HAND LANE OR AS CLOSE AS PRACTICABLE TO THE RIGHT EDGE OR CURB OF THE HIGHWAY; EXCEPT THAT, IF THE HIGHWAY IS A DIVIDED HIGHWAY WITH FOUR OR MORE LANES IN THE DIRECTION OF TRAVEL, THE DRIVER MAY ALSO DRIVE THE VEHICLE IN THE LANE TO THE IMMEDIATE LEFT OF THE RIGHT­HAND LANE.

(2)  SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO A DRIVER WHO IS:

(a)  IN THE PROCESS OF PASSING ANOTHER VEHICLE AND WHO RETURNS TO THE APPROPRIATE LANE AS SOON AS THE DRIVER CAN SAFELY DO SO;

(b)  PREPARING TO MAKE A TURN THAT REQUIRES THE DRIVER TO MOVE INTO A DIFFERENT LANE;

(c)  IN THE PROCESS OF ENTERING OR EXITING A HIGHWAY; OR

(d)  REQUIRED TO DRIVE IN A LANE OTHER THAN A DESIGNATED OR RIGHT­HAND LANE TO CONTINUE ON THE DRIVER'S INTENDED ROUTE.

(3)  IF ONE OR MORE LANES OF A HIGHWAY HAVE BEEN DESIGNATED FOR THE VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), A PERSON DRIVING ANY OTHER TYPE OF VEHICLE MAY DRIVE IN A DESIGNATED LANE IN THE SAME MANNER AS A PERSON WOULD IN ANY OF THE OTHER LANES OF THE HIGHWAY.

(4)  ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION COMMITS A CLASS A TRAFFIC INFRACTION.

SECTION 4.  42­4­1101 (2) (g), (8) (b), (8) (c), (8) (d), (8) (f), and (12), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended to read:

42­4­1101.  Speed limits. (2)  Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:

(g)  Sixty­five miles per hour on surfaced, four­lane highways which are on the interstate system, as defined in section 43­2­101 (2), C.R.S., or are freeways or expressways; EXCEPT THAT THE LAWFUL SPEED ON SUCH A HIGHWAY FOR A VEHICLE DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (8) OF THIS SECTION IS FIFTY­FIVE MILES PER HOUR;

(8) (b) (I)  Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy­five miles per hour.

(II)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NO PERSON SHALL DRIVE ANY OF THE FOLLOWING MOTOR VEHICLES ON A HIGHWAY IN EXCESS OF A MAXIMUM SPEED LIMIT OF FIFTY­FIVE MILES PER HOUR:

(A)  A TRUCK OR TRUCK TRACTOR HAVING THREE OR MORE AXLES;

(B)  ANY MOTOR VEHICLE THAT IS TOWING A TRAILER, A SEMITRAILER, OR ANOTHER VEHICLE;

(C)  A SCHOOL BUS THAT IS TRANSPORTING ONE OR MORE STUDENTS;

(D)  A FARM LABOR VEHICLE THAT IS TRANSPORTING ONE OR MORE PASSENGERS;

(E)  A VEHICLE TRANSPORTING EXPLOSIVES.

(c)  The speed limit LIMITS set forth in paragraph (b) of this subsection (8) is ARE the maximum lawful speed limit LIMITS and is ARE not subject to the provisions of subsection (4) of this section.

(d)  State and local authorities within their respective jurisdictions shall not authorize any speed limit which THAT exceeds seventy­five miles per hour on any highway OR AUTHORIZE ANY SPEED LIMIT FOR A VEHICLE DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF THIS SUBSECTION (8) THAT EXCEEDS FIFTY­FIVE MILES PER HOUR.

(f)  In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), FIFTY­FIVE MILES PER HOUR.

(12)  A violation of driving one to twenty­four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), FIFTY­FIVE MILES PER HOUR is a class A traffic infraction; a violation of driving twenty­five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), FIFTY­FIVE MILES PER HOUR is a class 2 misdemeanor traffic offense; and a violation under subsection (3) of this section is a class A traffic infraction.

SECTION 5.  42­4­1102 (1) (a), (2), and (3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended to read:

42­4­1102.  Altering of speed limits. (1) (a)  Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under sections 42­4­1101 to 42­4­1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), IN EXCESS OF FIFTY­FIVE MILES PER HOUR shall be authorized by said department.

(2)  Whenever county or municipal authorities within their respective jurisdictions determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under sections 42­4­1101 to 42­4­1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in section 42­4­1101 (1) or in any event to authorize by resolution or ordinance a speed in excess of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), IN EXCESS OF FIFTY­FIVE MILES PER HOUR.

(3)  Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 42­4­1101 (2) (b) or (2) (c). Such speed limit shall not exceed seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), FIFTY­FIVE MILES PER HOUR and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an "arterial street" means any United States or state­numbered route, controlled­access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

SECTION 6.  42­4­1701 (4) (a) (I) (K), (4) (a) (I) (L), and (5) (c) (I) (B), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended to read:

42­4­1701.  Traffic offenses and infractions classified ­ penalties ­ penalty and surcharge schedule. (4) (a) (I)  Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24­4.2­104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub­subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

Section Violated Penalty Surcharge

(K)  Driving, overtaking, and passing violations:

42­4­1001 $ 35.00 $ 4.00

42­4­1002 35.00 4.00

42­4­1003 35.00 4.00

42­4­1004 35.00 4.00

42­4­1005 35.00 4.00

42­4­1006 35.00 4.00

42­4­1007 35.00 4.00

42­4­1008 35.00 4.00

42­4­1009 35.00 4.00

42­4­1010 35.00 4.00

42­4­1011 100.00 12.00

42­4­1012 (3)(a)   50.00 6.00

42­4­1012 (3)(b)   100.00 12.00

42­4­1013 35.00 4.00

(L)  Speeding violations:

42­4­1101 (1) or (8)(b) (1

to 4 miles per hour over

the reasonable and prudent

speed or over the maximum

lawful speed limit of 75

miles per hour OR 55 MILES

PER HOUR)    $ 15.00 $ 2.00

42­4­1101 (1) or (8)(b) (5

to 9 miles per hour over

the reasonable and prudent

speed or over the maximum

lawful speed limit of 75

miles per hour OR 55 MILES

PER HOUR)    35.00 4.00

42­4­1101 (1) or (8)(b) (10

to 19 miles per hour over

the reasonable and prudent

speed or over the maximum

lawful speed limit of 75

miles per hour OR 55 MILES

PER HOUR)    50.00 6.00

42­4­1101 (1) or (8)(b) (20

to 24 miles per hour over

the reasonable and prudent

speed or over the maximum

lawful speed limit of 75

miles per hour OR 55 MILES

PER HOUR)    100.00 12.00

42­4­1101 (3)   35.00 4.00

42­4­1103 15.00 2.00

42­4­1104 15.00 2.00

(5) (c) (I)  The penalty and surcharge schedules of subsection (4) of this section and the penalty assessment notice provisions of paragraphs (a) and (b) of this subsection (5) shall not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not specified in said subsection (4) of this section, nor shall they apply to the violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractions specified in said subsection (4) of this section when it appears that:

(B)  In a violation of section 42­4­1101 (1) or (8) (b), the defendant exceeded the reasonable and prudent speed or the maximum lawful speed of seventy­five miles per hour OR, FOR VEHICLES DESCRIBED IN SECTION 42­4­1101 (8) (b) (II), FIFTY­FIVE MILES PER HOUR by more than twenty­four miles per hour;

SECTION 7.   Effective date ­ applicability. This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date.

SECTION 8.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.