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Second Regular Session
Sixty-first General Assembly
LLS NO. 980157.01 EBD
HOUSE BILL 981066
STATE OF COLORADO
BY REPRESENTATIVE Mace
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING RESTRICTING THE OCCUPANCY OF THE CARGO
AREA OF A VEHICLE.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Forbids drivers from allowing persons under the age of 18 to be passengers in the cargo area of a vehicle. Specifies that the provision does not apply to emergencies, parades, or farm and ranch vehicles operated within 10 miles of the address at which the vehicle is registered. Makes the 1st violation a class B traffic infraction, and a class A infraction for 2nd and subsequent violations.
Forbids drivers carrying dogs in the unenclosed cargo
areas of a vehicle unless the dog is restrained in a manner which
ensures that the dog remains in the cargo area. Specifies that
the provision does not apply to parades. Makes the 1st violation
a class B traffic infraction, and the 2nd and subsequent violations
class A traffic infractions.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 424201 (8), Colorado Revised Statutes, is amended, and the said 424201 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
424201. Obstruction of view passenger safety persons in cargo areas of vehicles hazardous situation. (6.5) (a) NO OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO RIDE AS A PASSENGER IN THE CARGO AREA OF A VEHICLE WHILE SUCH VEHICLE IS IN MOTION ON A HIGHWAY; EXCEPT THAT THIS SUBSECTION (6.5) SHALL NOT APPLY TO:
(II) PARADES, CARAVANS, OR EXHIBITIONS THAT ARE OFFICIALLY AUTHORIZED OR OTHERWISE PERMITTED BY LAW; OR
(III) VEHICLES USED IN FARMING OR RANCHING, IF SUCH VEHICLE IS BEING OPERATED WITHIN A TENMILE RADIUS OF THE ADDRESS AT WHICH THE VEHICLE IS REGISTERED.
(b) ANY OPERATOR WHO VIOLATES ANY PROVISION OF THIS SUBSECTION (6.5) COMMITS A CLASS B TRAFFIC INFRACTION. UPON A SECOND OR SUBSEQUENT VIOLATION, SUCH PERSON COMMITS A CLASS A TRAFFIC INFRACTION.
(6.7) (a) NO OPERATOR SHALL KNOWINGLY CARRY ANY DOG IN THE CARGO AREA OF A VEHICLE WHILE SUCH VEHICLE IS IN MOTION ON A HIGHWAY UNLESS:
(I) THE DOG IS RESTRAINED IN A MANNER WHICH WILL ENSURE THAT THE DOG REMAINS IN THE CARGO AREA; OR
(II) THE CARGO AREA OF THE VEHICLE IS COMPLETELY ENCLOSED.
(b) SUBSECTION (a) OF THIS SUBSECTION (6.7) SHALL NOT APPLY TO PARADES, CARAVANS, OR EXHIBITIONS THAT ARE OFFICIALLY AUTHORIZED OR OTHERWISE PERMITTED BY LAW.
(c) ANY OPERATOR WHO VIOLATES ANY PROVISION OF THIS SUBSECTION (6.7) COMMITS A CLASS B TRAFFIC INFRACTION. UPON A SECOND OR SUBSEQUENT VIOLATION, SUCH PERSON COMMITS A CLASS A TRAFFIC INFRACTION.
(8) EXCEPT AS PROVIDED IN SUBSECTIONS (6.5) AND (6.7) OF THIS SECTION, any person who violates any provision of this section commits a class A traffic infraction.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to acts committed on or after said date.
SECTION 3. 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.