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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0381.01 MCV HOUSE BILL 98­1198

STATE OF COLORADO

BY REPRESENTATIVE June

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING ESTABLISHMENT OF EXCEPTIONS TO THE RESTRICTIONS ON THE USE OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS TO DETECT MOTOR VEHICLE VIOLATIONS.

Bill Summary

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

Excludes the following types of violations from the existing restrictions on the use of automated vehicle identification systems (commonly known as "photo­radar") to detect traffic violations:

$  Failure to comply with a traffic control signal displaying a red or flashing red light; or

$  Any traffic violation occurring within a school zone.

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

SECTION 1.  42­4­110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­4­110.5.  Automated vehicle identification systems. (5.5)  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE FOLLOWING OFFENSES UNDER STATE LAW OR TO ANY COUNTERPART MUNICIPAL CHARTER OR ORDINANCE OFFENSES:

(a)  THE FAILURE TO COMPLY WITH A TRAFFIC CONTROL SIGNAL DISPLAYING A RED OR FLASHING RED SIGNAL; OR

(b)  ANY TRAFFIC VIOLATION OCCURRING WITHIN A SCHOOL ZONE.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses 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.