BY SENATORS Thiebaut and Powers;
also REPRESENTATIVES Swenson, Gotlieb, Udall, S. Williams,
and Young.
CONCERNING HIGHOCCUPANCY VEHICLE LANES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 4241012,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
4241012. High occupancy
vehicle lanes. (2.5) (a) (I) EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH (d) OF THIS SUBSECTION (2.5),
AN INHERENTLY LOWEMISSION VEHICLE WITH A GROSS VEHICLE WEIGHT
OF TWENTYSIX THOUSAND POUNDS OR LESS MAY BE OPERATED UPON
HIGH OCCUPANCY VEHICLE LANES WITHOUT REGARD TO THE NUMBER OF PERSONS
IN THE VEHICLE AND WITHOUT PAYMENT OF A SPECIAL TOLL OR FEE.
(II) AS USED IN THIS SUBSECTION (2.5),
"INHERENTLY LOWEMISSION VEHICLE" OR "ILEV"
MEANS:
(A) A LIGHTDUTY VEHICLE OR LIGHTDUTY
TRUCK THAT HAS BEEN CERTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY AS CONFORMING TO THE ILEV GUIDELINES, PROCEDURES, AND STANDARDS
AS PUBLISHED IN THE FEDERAL REGISTER AT 58 FR 11888 (MARCH 1,
1993) AND 59 FR 50042 (SEPTEMBER 30, 1994), AS AMENDED FROM TIME
TO TIME; AND
(B) A HEAVYDUTY VEHICLE POWERED
BY AN ENGINE THAT HAS BEEN CERTIFIED AS SET FORTH IN SUBSUBPARAGRAPH
(A) OF THIS SUBPARAGRAPH (II).
(b) NO PERSON SHALL OPERATE A VEHICLE
UPON A HIGH OCCUPANCY VEHICLE LANE PURSUANT TO THIS SUBSECTION
(2.5) UNLESS THE VEHICLE:
(I) MEETS ALL APPLICABLE FEDERAL EMISSION
STANDARDS AND LABELING REQUIREMENTS SET FORTH IN 40 CFR SECS.
88.31193 AND 88.31293, AS AMENDED FROM TIME TO TIME;
AND
(II) IS IDENTIFIED BY MEANS OF A CIRCULAR
STICKER OR DECAL AT LEAST FOUR INCHES IN DIAMETER, MADE OF BRIGHT
ORANGE REFLECTIVE MATERIAL, AND AFFIXED EITHER TO THE WINDSHIELD,
TO THE FRONT OF THE SIDEVIEW MIRROR ON THE DRIVER'S SIDE,
OR TO THE FRONT BUMPER OF THE VEHICLE. SAID STICKER OR DECAL
SHALL BE APPROVED BY THE COLORADO DEPARTMENT OF TRANSPORTATION.
(c) THE DEPARTMENT OF TRANSPORTATION AND
LOCAL AUTHORITIES, WITH RESPECT TO STREETS AND HIGHWAYS UNDER
THEIR RESPECTIVE JURISDICTIONS, SHALL PROVIDE INFORMATION VIA
OFFICIAL TRAFFIC CONTROL DEVICES TO INDICATE THAT ILEVS MAY BE
OPERATED UPON HIGH OCCUPANCY VEHICLE LANES PURSUANT TO THIS SECTION.
SUCH INFORMATION MAY, BUT NEED NOT, BE ADDED TO EXISTING PRINTED
SIGNS, BUT AS EXISTING PRINTED SIGNS RELATED TO HIGH OCCUPANCY
VEHICLE LANE USE ARE REPLACED OR NEW ONES ARE ERECTED, SUCH INFORMATION
SHALL BE ADDED. IN ADDITION, WHENEVER EXISTING ELECTRONIC SIGNS
ARE CAPABLE OF BEING REPROGRAMMED TO CARRY SUCH INFORMATION, THEY
SHALL BE SO REPROGRAMMED.
(d) (I) IN CONSULTATION WITH THE
REGIONAL TRANSPORTATION DISTRICT, THE DEPARTMENT OF TRANSPORTATION
AND LOCAL AUTHORITIES, WITH RESPECT TO STREETS AND HIGHWAYS UNDER
THEIR RESPECTIVE JURISDICTIONS, SHALL, IN CONNECTION WITH THEIR
PERIODIC LEVELOFSERVICE EVALUATION OF HIGH OCCUPANCY
VEHICLE LANES, PERFORM A LEVELOFSERVICE EVALUATION
OF THE USE OF HIGH OCCUPANCY VEHICLE LANES BY ILEVS. IF THE
USE OF HIGH OCCUPANCY VEHICLE LANES BY ILEVS IS DETERMINED TO
CAUSE A SIGNIFICANT DECREASE IN THE LEVEL OF SERVICE FOR OTHER
BONA FIDE USERS OF SUCH LANES, THEN THE DEPARTMENT OF TRANSPORTATION
OR A LOCAL AUTHORITY MAY RESTRICT OR ELIMINATE USE OF SUCH LANES
BY ILEVS.
(II) IF THE UNITED STATES SECRETARY OF
TRANSPORTATION MAKES A FORMAL DETERMINATION THAT, BY GIVING EFFECT
TO PARAGRAPH (a) OF THIS SUBSECTION (2.5) ON A PARTICULAR HIGHWAY
OR LANE, THE STATE OF COLORADO WOULD DISQUALIFY ITSELF FROM RECEIVING
FEDERAL HIGHWAY FUNDS THE STATE WOULD OTHERWISE QUALIFY TO RECEIVE
OR WOULD BE REQUIRED TO REFUND FEDERAL TRANSPORTATION GRANT FUNDS
IT HAS ALREADY RECEIVED, THEN SAID PARAGRAPH (a) SHALL NOT BE
EFFECTIVE AS TO SUCH HIGHWAY OR LANE.
SECTION 2. 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
65.00 6.00
(NONE)
4241012 (3)(b) 100.00
125.00 12.00
(NONE)
SECTION 3. 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 acts committed on or after the applicable effective date of this act.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO