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Second Regular Session
Sixty-first General Assembly
LLS NO. 980344.01 PLC
HOUSE BILL 981187
STATE OF COLORADO
BY REPRESENTATIVE Morrison
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING OPERATION OF MOTOR VEHICLES BY PERSONS
UNDER EIGHTEEN YEARS OF AGE, AND, IN CONNECTION THEREWITH, ESTABLISHING
CERTAIN DRIVING RESTRICTIONS FOR PERSONS WITH MINOR DRIVER'S LICENSES
AND CREATING A COMMITTEE TO EVALUATE THE SYSTEM OF TESTING AND
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Prohibits the department of revenue from issuing a driver's license to any person under 18 years of age ("minor driver") unless such person has received:
When a person is applying for a minor's or provisional driver's license and such person has been convicted of a traffic violation or has failed to appear for a traffic violation citation issued prior to his or her 18th birthday, requires the department to issue such person only an instruction permit for a period of 90 days.
Makes it a class B traffic infraction for a minor driver to drive between the hours of 12 midnight and 5 a.m. unless driving to or from work, and for a minor driver to drive any motor vehicle that contains more than 2 other persons under 18 years of age; except that the transport of children under 10 years of age who are in the care of the minor driver is permissible.
Requires the department to reduce the driving privilege of any minor driver who is found to have a record of:
Clarifies that the penalty of a reduction in driving privilege for a minor driver is in addition to, and not a substitute for, any other penalties that exist in law.
Requires the department to notify both the minor driver and the person who signed the minor's affidavit of liability when it receives a record that the minor driver has violated traffic laws requiring the minor to surrender his or her minor instruction permit or minor driver's license.
Allows the department to cancel the affidavit of liability and the instruction permit or minor driver's license if the minor driver fails to surrender such permit or license within 10 days after the date of mailing of the notification. Requires the department to cancel those documents if the minor driver falsifies his or her certification of driving experience.
Requires the executive director of the department of revenue to appoint a committee to evaluate the system of testing individuals for driver's licenses by the department of revenue and to recommend legislative changes to the general assembly. The committee shall include at least one representative from each of the following groups:
Requires that minors be 15 years of age in order
to apply for an instruction permit.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 422104 (4), Colorado Revised Statutes, is amended to read:
422104. Licenses issued
denied. (4) (a) Before
the department may issue any type of driver's license, including
a temporary driver's license pursuant to section 422106
(2), to any person under
the age of
eighteen years OF AGE, such person shall have:
(I) Applied for, been issued, and possessed an appropriate instruction permit for at least ninety days;
(II) SUBMITTED A LOG ON A FORM PROVIDED BY THE DEPARTMENT THAT IS SIGNED BY HIS OR HER PARENT OR GUARDIAN OR OTHER RESPONSIBLE ADULT AS REFERENCED IN SECTION 422108 OR THE INSTRUCTOR OF A DRIVER EDUCATION COURSE APPROVED BY THE DEPARTMENT, CERTIFYING THAT SUCH PERSON HAS OBTAINED AT LEAST FIFTY HOURS OF ACTUAL DRIVING EXPERIENCE, OF WHICH AT LEAST TEN HOURS SHALL HAVE BEEN WHILE DRIVING AT NIGHT; AND
(III) RECEIVED NO CONVICTIONS FOR ANY MOVING TRAFFIC VIOLATIONS FOR THE THREEMONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR THE ISSUANCE OF SUCH MINOR DRIVER'S LICENSE.
(b) UPON THE APPLICATION OF ANY PERSON UNDER EIGHTEEN YEARS OF AGE FOR ANY DRIVER'S LICENSE PURSUANT TO SECTION 422106 OR 422107 WHO HAS BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION IN THE THREEMONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICATION FOR THE ISSUANCE OF SUCH LICENSE, THE DEPARTMENT SHALL ISSUE ONLY AN INSTRUCTION PERMIT PURSUANT TO SECTION 422106 (1) REGARDLESS OF THE TYPE OF LICENSE FOR WHICH APPLICATION WAS MADE.
(c) THE DEPARTMENT MAY PROMULGATE ANY RULES NECESSARY TO ADMINISTER THE APPLICATION, ISSUANCE, REISSUANCE, AND CANCELLATION OF INSTRUCTION PERMITS AND DRIVER'S LICENSES FOR PERSONS UNDER EIGHTEEN YEARS OF AGE.
SECTION 2. Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
422105.5. Restrictions on minor drivers penalties. (1) NO PERSON UNDER EIGHTEEN YEARS OF AGE SHALL DRIVE ANY MOTOR VEHICLE BETWEEN THE HOURS OF 12 MIDNIGHT AND 5 A.M. UNLESS DRIVING TO A PLACE OF EMPLOYMENT OR FROM A PLACE OF EMPLOYMENT TO HIS OR HER RESIDENCE. A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO IS DRIVING TO A PLACE OF EMPLOYMENT OR FROM A PLACE OF EMPLOYMENT TO HIS OR HER RESIDENCE BETWEEN THE HOURS OF 12 MIDNIGHT AND 5 A.M. SHALL HAVE IN HIS OR HER POSSESSION, IN ADDITION TO A VALID MINOR DRIVER'S LICENSE, A STATEMENT SIGNED BY HIS OR HER EMPLOYER STATING THE TIME THAT SUCH PERSON ARRIVES AT AND LEAVES HIS OR HER PLACE OF EMPLOYMENT.
(2) NO PERSON UNDER EIGHTEEN YEARS OF AGE SHALL DRIVE ANY MOTOR VEHICLE CONTAINING MORE THAN TWO OTHER PERSONS WHO ARE UNDER EIGHTEEN YEARS OF AGE; EXCEPT THAT A PERSON UNDER EIGHTEEN YEARS OF AGE MAY TRANSPORT CHILDREN WHO ARE UNDER TEN YEARS OF AGE AND WHO ARE IN THE CARE OF SUCH PERSON.
(3) A PERSON UNDER EIGHTEEN YEARS OF AGE MAY DRIVE BETWEEN THE HOURS OF 12 MIDNIGHT AND 5 A.M. OR MAY DRIVE A MOTOR VEHICLE CONTAINING MORE THAN TWO OTHER PERSONS WHO ARE UNDER EIGHTEEN YEARS OF AGE IN THE CASE OF A MEDICAL OR OTHER TYPE OF EMERGENCY.
(4) ANY PERSON WHO VIOLATES SUBSECTION (1) OR (2) OF THIS SECTION COMMITS A CLASS B TRAFFIC INFRACTION. THE DEPARTMENT SHALL REDUCE THE DRIVING PRIVILEGE OF ANY PERSON WHO VIOLATES SUBSECTION (1) OR (2) OF THIS SECTION IN ACCORDANCE WITH SECTION 422125.5.
422106.5. Driver education committee study repeal. (1) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL APPOINT A COMMITTEE OF NO MORE THAN ELEVEN MEMBERS TO EVALUATE THE SYSTEM OF TESTING AND PREPARING INDIVIDUALS FOR DRIVER'S LICENSES IN THE STATE OF COLORADO AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING MAINTAINING, CHANGING, OR PRIVATIZING SUCH TESTING. SUCH COMMITTEE SHALL INCLUDE AT LEAST ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING GROUPS:
(a) THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT OF REVENUE;
(b) THE COLORADO STATE PATROL;
(c) THE DEPARTMENT OF EDUCATION;
(d) THE COLORADO DEPARTMENT OF TRANSPORTATION;
(e) LOCAL LAW ENFORCEMENT AGENCIES;
(f) DRIVING SCHOOLS;
(g) THE PUBLIC SCHOOL SYSTEM;
(h) CONSUMERS; AND
(i) AUTOMOBILE INSURERS.
(2) THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION.
(3) THE COMMITTEE SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR NO LATER THAN JULY 15, 1998. THE COMMITTEE SHALL MEET AT LEAST SIX TIMES AND SHALL PREPARE A REPORT WITH RECOMMENDATIONS FOR POSSIBLE LEGISLATION TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 1999.
(4) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1999.
SECTION 3. 422106 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read:
422106. Instruction permits
and temporary licenses. (1) (a) Any
of the age of
fifteen years within six months prior
to such minor's sixteenth birthday
OF AGE, or any person who, except for such person's lack of instruction
in operating a motor vehicle, a motorcycle, or a motordriven
cycle, would otherwise be qualified to obtain a license under
this article may apply for a temporary instruction permit, in
accordance with sections 422107 and 422108.
The department shall issue such permit entitling the applicant,
while having such permit in such applicant's immediate possession,
to drive a motor vehicle, a motorcycle, or a motordriven
cycle upon the highways for a period
of six months when accompanied by
a licensed driver, twentyone years of age or over, who is
actually occupying the seat beside the driver or, in the case
of a motorcycle or a motordriven cycle, under the immediate
supervision of a licensed driver, twentyone years of age
or over, authorized under this article to drive a motorcycle or
a motordriven cycle. Any such instruction permit may
be extended for an additional period of sixty days
SHALL EXPIRE TWENTY DAYS AFTER THE APPLICANT=S
of the age of fifteen years, within nine months prior to such
person's sixteenth birthday, who is enrolled in a driver education
course approved by the department of education may apply for a
minor's instruction permit, pursuant to the provisions of sections
422107 and 422108. Upon the presentation
of a written or printed statement signed by the parent or guardian
and the instructor of the driver education course that such minor
is enrolled in an approved driver education course, the department
shall issue such permit entitling the applicant, while having
such permit in such applicant's immediate possession, to drive
any motor vehicle, excluding a motorcycle or motordriven
cycle, under the supervision of the parent or guardian who cosigned
the application for the minor's instruction permit, providing
such parent or guardian holds a valid driver's license. Such
permit shall also entitle the applicant to drive any motor vehicle,
including a motorcycle or motordriven cycle, which is marked
so as to indicate that it is a motor vehicle used for instruction
and which is properly equipped for such instruction upon the highways
when accompanied by or under the supervision of an approved driver
education instructor who holds a valid driver's license. Driver
education instructors giving instruction in motorcycle safety
must have a valid motorcycle driver's license and must have successfully
completed an instruction program in motorcycle safety approved
by the department. Such permit shall expire twenty days after
the applicant's sixteenth birthday.
SECTION 4. Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
422125.5. Mandatory reduction in the privilege of driving for persons under eighteen years of age. (1) UPON RECEIVING A RECORD SHOWING THAT A MINOR DRIVER HAS BEEN CONVICTED OF ANY MOVING TRAFFIC VIOLATION OR HAS FAILED TO APPEAR FOR A MOVING TRAFFIC VIOLATION WHICH OCCURRED PRIOR TO SUCH MINOR'S EIGHTEENTH BIRTHDAY, THE DEPARTMENT SHALL, PURSUANT TO THE PROVISIONS OF THIS SECTION, IMMEDIATELY REDUCE THE DRIVING PRIVILEGE OF SUCH DRIVER WHO HOLDS AN INSTRUCTION PERMIT OR A MINOR DRIVER'S LICENSE.
(2) (a) UPON RECEIPT OF A RECORD SHOWING THAT A PERSON UNDER EIGHTEEN YEARS OF AGE WHO HOLDS AN INSTRUCTION PERMIT OR A MINOR DRIVER'S LICENSE HAS BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION, THE DEPARTMENT SHALL NOTIFY SUCH MINOR DRIVER AND THE PERSON WHO SIGNED THE MINOR DRIVER'S AFFIDAVIT OF LIABILITY PURSUANT TO SECTION 422108, THAT THE MINOR DRIVER SHALL SURRENDER HIS OR HER INSTRUCTION PERMIT OR MINOR DRIVER'S LICENSE TO THE DEPARTMENT WITHIN TEN DAYS AFTER THE DATE OF MAILING OF SUCH NOTICE. THE DEPARTMENT SHALL SEND SUCH NOTICE BY FIRST CLASS MAIL TO THE LASTKNOWN ADDRESS OF THE MINOR DRIVER AND THE PERSON WHO SIGNED THE MINOR DRIVER'S AFFIDAVIT OF LIABILITY.
(b) UPON SURRENDER OF SUCH INSTRUCTION PERMIT OR MINOR DRIVER'S LICENSE, THE MINOR DRIVER SHALL RECEIVE AN APPROPRIATE INSTRUCTION PERMIT PURSUANT TO SECTION 422106 (1), AFTER PAYMENT OF ANY APPLICABLE FEES. THE MINOR DRIVER SHALL HOLD SUCH NEW INSTRUCTION PERMIT FOR A PERIOD OF AT LEAST NINETY DAYS BEFORE HE OR SHE MAY MAKE AN APPLICATION FOR A MINOR DRIVER'S LICENSE, OR, IF THE MINOR DRIVER ATTAINS THE AGE OF EIGHTEEN YEARS BEFORE SUCH APPLICATION IS MADE, A PROVISIONAL DRIVER'S LICENSE.
(3) IF THE MINOR DRIVER FAILS TO SURRENDER HIS OR HER INSTRUCTION PERMIT OR MINOR DRIVER'S LICENSE WITHIN TEN DAYS AFTER THE DATE OF MAILING OF THE NOTICE, THE DEPARTMENT SHALL CANCEL THE MINOR DRIVER'S AFFIDAVIT OF LIABILITY AND THE PERMIT OR LICENSE OF THE MINOR DRIVER.
(4) THE DEPARTMENT MAY CANCEL THE MINOR DRIVER'S AFFIDAVIT OF LIABILITY AND THE PERMIT OR LICENSE OF THE MINOR DRIVER AT ANY TIME IT DISCOVERS THAT THE MINOR DRIVER FALSIFIED THE CERTIFICATION OF EXPERIENCE REQUIRED PURSUANT TO SECTION 422104 (4).
(5) THE MINOR DRIVER SHALL NOT HAVE A RIGHT TO A HEARING BEFORE THE CANCELLATION OF THE MINOR DRIVER'S AFFIDAVIT OF LIABILITY AND INSTRUCTION PERMIT OR MINOR DRIVER'S LICENSE PURSUANT TO SUBSECTION (3) OF THIS SECTION.
(6) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO AND NOT A SUBSTITUTE FOR ANY OTHER PENALTY IMPOSED BY LAW FOR MOVING TRAFFIC VIOLATIONS AND SHALL NOT PROHIBIT THE IMPOSITION OF SUCH PENALTY UPON CONVICTION.
SECTION 5. 4241701 (4) (a) (I) (A), Colorado Revised Statutes, is 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
(A) Drivers' license violations:
422101 (1) or (4) $ 35.00 $ 4.00
422101 (2), (3), or (5) 15.00 2.00
422103 15.00 2.00
422105 35.00 4.00
422105.5 (1) OR (2) 35.00 4.00
422106 35.00 4.00
422116 15.00 2.00
422119 15.00 2.00
422134 35.00 4.00
422136 35.00 4.00
422139 35.00 4.00
422140 35.00 4.00
422141 35.00 4.00
SECTION 6. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to applications made and offenses committed on or after said date.
SECTION 7. 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.