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Second Regular Session
Sixty-first General Assembly
LLS NO. 980277.01 MCV
HOUSE BILL 981193
STATE OF COLORADO
BY REPRESENTATIVE Sinclair
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING A REQUIREMENT THAT CERTAIN MOTOR VEHICLES
USE SPECIFIED LANES WHEN OPERATING ON HIGHWAYS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires a person who is operating a vehicle over 12,000 pounds or a highprofile vehicle on a limitedaccess highway to drive in the far right lane of the highway except:
$ When passing another vehicle, if such movement can be made without interfering with the passage of other vehicles;
$ When avoiding a vehicle merging onto the highway or allowing another vehicle to merge onto the highway;
$ When necessary to enter or exit the highway;
$ When a special hazard exists; or
$ When necessary to comply with an official traffic control device.
Sets the fine for a violation of such requirement
at $50. Requires that 3 points be assessed against the driver's
license of any person convicted of violating such requirement.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 10 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
4241013. Use of right lane by certain vehicles on limitedaccess highways penalty. (1) IF A PERSON OPERATES A VEHICLE THAT EXCEEDS TWELVE THOUSAND POUNDS GROSS WEIGHT OR A HIGHPROFILE VEHICLE ON A LIMITEDACCESS HIGHWAY, SUCH PERSON MAY NOT DRIVE IN ANY LANE OTHER THAN THE FAR RIGHT LANE OF SUCH HIGHWAY EXCEPT IN THE FOLLOWING CIRCUMSTANCES:
(a) WHEN OVERTAKING AND PASSING ANOTHER MOTOR VEHICLE PROCEEDING IN THE SAME DIRECTION, IF SUCH MOVEMENT CAN BE MADE WITHOUT INTERFERING WITH THE PASSAGE OF OTHER VEHICLES;
(b) WHEN AVOIDING A VEHICLE MERGING ONTO THE HIGHWAY OR ALLOWING ANOTHER VEHICLE TO MERGE ONTO THE HIGHWAY;
(c) WHEN NECESSARY TO ENTER OR EXIT THE HIGHWAY;
(d) WHEN A SPECIAL HAZARD REQUIRES THAT A DIFFERENT TRAFFIC LANE BE USED FOR SAFETY REASONS; OR
(e) WHEN NECESSARY TO COMPLY WITH AN OFFICIAL TRAFFIC CONTROL DEVICE THAT DIRECTS VEHICLES TO USE A LANE OTHER THAN THE RIGHT LANE.
(2) FOR THE PURPOSES OF THIS SECTION, "HIGHPROFILE VEHICLE" MEANS ANY VEHICLE, INCLUDING ANY TRAILER, SEMITRAILER, OR TRAILER COACH, THAT IS ONE HUNDRED FORTYFOUR INCHES OR MORE IN HEIGHT.
(3) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION COMMITS A CLASS A TRAFFIC INFRACTION.
SECTION 2. 422127 (5), Colorado Revised Statutes, is 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
(gg) FAILURE OF THE OPERATOR OF A VEHICLE OVER TWELVE THOUSAND POUNDS GROSS WEIGHT OR A HIGHPROFILE VEHICLE TO USE THE FAR RIGHT LANE OF TRAFFIC ON A LIMITED ACCESS HIGHWAY AS REQUIRED BY SECTION 4241013 3
SECTION 3. 4241701 (4) (a) (I) (K), 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
(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 50.00 6.00
SECTION 4. 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 offenses committed on or after the applicable effective date of this act.