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Second Regular Session
Sixty-first General Assembly
LLS NO. 980130.01 MCV
SENATE BILL 98034
STATE OF COLORADO
BY SENATOR Powers;
also REPRESENTATIVE Swenson.
A BILL FOR AN ACT
CONCERNING A PROHIBITION AGAINST OPERATING A MOTOR
VEHICLE THAT HAS BEEN IMPROPERLY ALTERED.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Transportation Legislation Review Committee. Modifies the current prohibition against operating a motor vehicle with a front or rear suspension system that has been altered or changed from the manufacturer's original design. Prohibits any person from operating a motor vehicle on a public highway if the configuration of the vehicle has been altered from the manufacturer's specifications as established under federal law. Eliminates the authorization of the department of revenue to establish specifications for exceptions to the prohibition against alteration of suspension systems.
Directs the department of revenue to promulgate rules
to establish standards and procedures that may be used by law
enforcement personnel in enforcing the prohibition against operating
a motor vehicle that has been improperly altered.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 424233 (1), Colorado Revised Statutes, is amended to read:
424233. Alteration of motor
vehicle configuration rules enforcement.
shall operate a motor vehicle of a type required to be registered
under the laws of this state upon a public highway with either
the rear or front suspension system altered or changed from the
manufacturer's original design except in accordance with specifications
permitting such alteration established by the department. Nothing
contained in this section shall prevent the installation of manufactured
heavy duty equipment to include shock absorbers and overload springs,
nor shall anything contained in this section prevent a person
from operating a motor vehicle on a public highway with normal
wear of the suspension system if normal wear shall not affect
the control of the vehicle. NO PERSON
SHALL OPERATE A MOTOR VEHICLE OF A TYPE THAT IS REQUIRED TO BE
REGISTERED UNDER THE LAWS OF THIS STATE ON A PUBLIC HIGHWAY IF
THE MOTOR VEHICLE CONFIGURATION HAS BEEN ALTERED FROM THE SPECIFICATIONS
ESTABLISHED BY THE MANUFACTURER IN COMPLIANCE WITH THE FEDERAL
"NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966",
49 U.S.C. SEC. 30101 ET SEQ., AND REGULATIONS PROMULGATED PURSUANT
TO SUCH FEDERAL ACT. VEHICLE ALTERATIONS GOVERNED BY THIS SECTION
INCLUDE, BUT ARE NOT LIMITED TO, ALTERATIONS TO A MOTOR VEHICLE'S
FRONT OR REAR SUSPENSION SYSTEM, TIRE OR WHEEL SIZE, BODY HEIGHT,
CHASSIS CONFIGURATION, OR STEERING SYSTEM.
(b) (I) THIS SECTION DOES NOT PROHIBIT A PERSON FROM OPERATING A VEHICLE ON A PUBLIC HIGHWAY WITH REPLACEMENT PARTS INSTALLED IN SUCH VEHICLE IF SUCH PARTS CONFORM TO THE MANUFACTURER SPECIFICATIONS.
(II) THIS SECTION DOES NOT PROHIBIT A PERSON FROM OPERATING A MOTOR VEHICLE ON A PUBLIC HIGHWAY WITH NORMAL WEAR OF THE VEHICLE COMPONENTS IF SUCH NORMAL WEAR DOES NOT AFFECT THE CONTROL OR SAFETY OF THE VEHICLE.
(c) THE DEPARTMENT SHALL PROMULGATE RULES TO ESTABLISH STANDARDS AND PROCEDURES THAT MAY BE USED BY LAW ENFORCEMENT PERSONNEL IN ENFORCING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1). SUCH STANDARDS AND PROCEDURES MAY INCLUDE DESCRIPTIONS OF MEASUREMENTS THAT MAY BE USED BY A LAW ENFORCEMENT OFFICER TO DETERMINE WHETHER A MOTOR VEHICLE IS IN COMPLIANCE WITH MANUFACTURER SPECIFICATIONS.
SECTION 2. 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.