Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0064.02 Jason Gelender x4330
HOUSE BILL 22-1028
House Committees Senate Committees
Transportation & Local Government
A BILL FOR AN ACT
C
ONCERNING STATEWIDE REGULATION OF PERSONS APPROACHING101
CONTROLLED INTERSECTIONS WHO ARE NOT OPERATING MOTOR102
VEHICLES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Transportation Legislation Review Committee. An existing
statute allows a municipality or county to adopt an ordinance or resolution
specifying that a person riding a bicycle, electrical assisted bicycle, or
electric scooter may make a safety stop, rather than a full stop, under
certain circumstances when approaching an intersection that is controlled
HOUSE
Amended 2nd Reading
February 18, 2022
HOUSE SPONSORSHIP
Gray and Hooton, Boesenecker, Exum, Froelich, Sullivan
SENATE SPONSORSHIP
Winter and Priola,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. by a stop sign or a traffic control signal as follows:
! When approaching a stop sign, if it is safe to proceed, the
person may, after slowing to a reasonable speed of 15 miles
per hour or less, or 10 or 20 miles per hour or less if so
specified by municipality or county for a particular
intersection and marked with appropriate signage, and
yielding the right-of-way to any traffic or pedestrian in or
approaching the intersection, continue through the
intersection without stopping; and
! When approaching an illuminated red traffic control signal,
the person must first stop at the intersection and yield to all
other traffic and pedestrians and then, when safe to do so,
may proceed straight or make a right turn through the
intersection or, subject to specified conditions, make a left
turn onto a one-way street only.
The bill amends the statute to make the substantive requirements
described above uniform statewide for most persons approaching a
controlled intersection who are not operating a motor vehicle. Such
persons include pedestrians (approaching a controlled intersection with
a stop sign) and operators of low-speed conveyances, as defined in the
bill (approaching a controlled intersection with a stop sign or a traffic
control signal).
The regulation of persons approaching controlled intersections is
declared to be a matter of mixed state and local concern, and the amended
statute is thus declared to supersede any conflicting local ordinance or
resolution but not to affect the validity of any nonconflicting local
ordinance or resolution that regulates the conduct of persons approaching
controlled intersections. The bill does not create any right for a pedestrian
or the operator of a low-speed conveyance to travel on any portion of a
roadway where travel is otherwise prohibited by state law or a local
ordinance or resolution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-1412, amend2
(1) as follows:3
42-4-1412. Operation of bicycles, electric scooters, and other4
human-powered vehicles. (1) A person riding a bicycle, electrical5
assisted bicycle, or electric scooter has all of the rights and duties6
applicable to the driver of any other vehicle under this article 4, except as7
1028-2- to special regulations in this article 4, except as provided in section1
42-4-1412.5, and except as to those provisions that by their nature can2
have no application. Bicycle, electrical assisted bicycle, or electric scooter3
riders shall comply with the rules set forth in this section and section4
42-4-221, and, when using streets and highways within incorporated cities5
and towns, are subject to local ordinances regulating the operation of6
bicycles, electrical assisted bicycles, and electric scooters as provided in7
section 42-4-111. Notwithstanding any contrary provision in this article8
4, when a county or municipality has adopted an ordinance or resolution9
pursuant to THAT REGULATES THE OPERATION OF BICYCLES , ELECTRICAL10
ASSISTED BICYCLES, AND ELECTRIC SCOOTERS AT CONTROLLED11
INTERSECTIONS, AS DEFINED IN SECTION 42-4-1412.5 (4)(a), AND THAT12
DOES NOT CONFLICT WITH section 42-4-1412.5, riders are subject to the13
local ordinance or resolution.14
SECTION 2. In Colorado Revised Statutes, amend 42-4-1412.515
as follows:16
42-4-1412.5. Statewide regulation of certain persons17
approaching intersections who are not operating motor vehicles -18
status of existing local ordinance or resolution - legislative19
declaration - definitions. (1) A county or municipality may adopt an20
ordinance or resolution implementing this section. If a county or21
municipality adopts an ordinance or resolution pursuant to this section,22
the ordinance or resolution must specify the following: THE GENERAL23
ASSEMBLY HEREBY FINDS AND DECLARES THAT :24
(a) T
HE REGULATION OF PERSONS APPROACHING CONTROLLED25
INTERSECTIONS IS A MATTER OF MIXED STATE AND LOCAL CONCERN ; AND26
(b) I
T IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF27
1028
-3- THE STATE TO REDUCE INJURIES, FATALITIES, AND PROPERTY DAMAGE1
RESULTING FROM COLLISIONS AT CONTROLLED INTERSECTIONS BETWEEN2
MOTOR VEHICLES AND PERSONS WHO ARE NOT OPERATING MOTOR3
VEHICLES BY ALLOWING MOST PERSONS APPROACHING CONTROLLED4
INTERSECTIONS WHO ARE NOT OPERATING MOTOR VEHICLES TO APPROACH5
CONTROLLED INTERSECTIONS IN THE MANNER SET FORTH IN THIS SECTION .6
(2) (a) (I) A
PEDESTRIAN OR A person riding a bicycle, electrical
7
assisted bicycle, or electric scooter OPERATING A LOW -SPEED8
CONVEYANCE and approaching an intersection of a roadway A9
CONTROLLED INTERSECTION with a stop sign shall slow down and, if10
required for safety, stop before entering the intersection. If a stop is not11
required for safety, the
PEDESTRIAN OR person OPERATING A LOW-SPEED12
CONVEYANCE shall slow to a reasonable speed and yield the right-of-way13
to any traffic or pedestrian in or approaching the intersection. After the14
PEDESTRIAN OR person OPERATING A LOW-SPEED CONVEYANCE has15
slowed to a reasonable speed and yielded the right-of-way if required, the16
PEDESTRIAN OR person OPERATING A LOW-SPEED CONVEYANCE may17
cautiously make a turn or proceed through the intersection without18
stopping.19
(b)
(II) For purposes of this subsection (1) SUBSECTION (2)(a), a20
reasonable speed is fifteen TEN miles per hour or less. A municipality, by21
ordinance, or a county, by resolution, may reduce the maximum22
reasonable speed at any individual intersection to ten miles per hour or23
raise the maximum reasonable speed to twenty miles per hour if the24
municipality or county also posts signs at the intersection stating that25
lower or higher speed limitation.26
(c) (b) A person riding a bicycle, electrical assisted bicycle, or27
1028
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an intersection of a roadway A CONTROLLED INTERSECTION with an2
illuminated red traffic control signal shall stop before entering the3
intersection and shall yield to all other traffic and pedestrians. Once the4
person
OPERATING A LOW-SPEED CONVEYANCE has yielded, the person5
OPERATING A LOW-SPEED CONVEYANCE may cautiously proceed in the6
same direction through the intersection or make a right-hand turn. When7
a red traffic control signal is illuminated, a person
OPERATING A8
LOW-SPEED CONVEYANCE shall not proceed through the intersection or9
turn right if an oncoming vehicle is turning or preparing to turn left in10
front of the person
OPERATING A LOW-SPEED CONVEYANCE.11
(d)
(c) A person riding a bicycle, electrical assisted bicycle, or12
electric scooter OPERATING A LOW-SPEED CONVEYANCE approaching an13
intersection of a roadway with an illuminated red traffic control signal14
may make a left-hand turn only if turning onto a one-way street and only15
after stopping and yielding to other traffic and pedestrians. However, a16
person
OPERATING A LOW-SPEED CONVEYANCE shall not turn left if a
AN17
ONCOMING vehicle is traveling in the same direction as the person and the18
vehicle is turning or preparing to turn left. If the person is not turning left19
onto a one-way street, the person shall not make a left-hand turn at an20
intersection while a red traffic control signal is illuminated. RIGHT.21
(2) If a county or municipality adopted a valid ordinance or22
resolution that regulates bicycles or electrical assisted bicycles23
substantially as described in subsection (1) of this section prior to May 3,24
2018, that ordinance or resolution remains valid.25
(2.5) T
HIS SECTION SUPERSEDES ANY CONFLICTING ORDINANCE26
THAT A MUNICIPALITY, COUNTY, OR CITY AND COUNTY ADOPTS , BUT27
1028
-5- nothing in this section affects the validity of an ANY ordinance or1
resolution that ADOPTED BY a municipality, county, or city and county2
adopted pursuant to this section if the ordinance or resolution: THAT3
REGULATES THE CONDUCT OF PERSONS APPROACHING CONTROLLED4
INTERSECTIONS AND DOES NOT CONFLICT WITH THIS SECTION .5
(a) Was adopted before May 23, 2019; and6
(b) Applies to electric scooters.7
(3) The adoption of an ordinance or resolution in accordance with8
This section does not diminish or alter the authority of the department of9
transportation or the state transportation commission, as those entities are10
defined in section 43-1-102, regarding the department's or commission's11
authority to regulate motor vehicle traffic on any portion of the state12
highway system as defined in section 43-2-101 (1).13
(3.5) T
HIS SECTION DOES NOT CREATE ANY RIGHT FOR A14
PEDESTRIAN OR THE OPERATOR OF A LOW-SPEED CONVEYANCE TO TRAVEL15
ON ANY PORTION OF A ROADWAY WHERE TRAVEL IS OTHERWISE16
PROHIBITED BY STATE LAW OR BY AN ORDINANCE OR RESOLUTION17
ADOPTED BY A MUNICIPALITY, COUNTY, OR CITY AND COUNTY.18
(4) As used in this section:19
(a) "Electrical assisted bicycle" means the term as it is defined in
20
section 42-1-102 (28.5). "CONTROLLED INTERSECTION " MEANS AN21
INTERSECTION OF A ROADWAY THAT IS CONTROLLED BY EITHER A STOP22
SIGN OR A TRAFFIC CONTROL SIGNAL.23
(b) "Municipality" means a home rule or statutory city, town, or24
city and county. "LOW-SPEED CONVEYANCE" MEANS:25
(I) A
VEHICLE, AS DEFINED IN SECTION 42-1-102 (112), THAT IS26
NOT A MOTOR VEHICLE , AS DEFINED IN SECTION 42-1-102 (58), A27
1028
-6- LOW-POWER SCOOTER AS DEFINED IN SECTION 42-1-102 (48.5), OR A1
LOW-SPEED ELECTRIC VEHICLE, AS DEFINED IN SECTION 42-1-102 (48.6);2
(II) A
TOY VEHICLE, AS DEFINED IN SECTION 42-1-102 (103.5),3
THAT IS EXCLUSIVELY HUMAN-POWERED; OR4
(III) A
N ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR5
EPAMD,
AS DEFINED IN SECTION 42-1-102 (28.7), OR A DEVICE THAT6
WOULD BE AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR7
EPAMD
BUT FOR THE FACT THAT IT HAS FEWER OR MORE THAN TWO8
WHEELS OR HAS TANDEM WHEELS .9
SECTION 3. In Colorado Revised Statutes, 42-4-2301, amend10
(1)(g) and (1)(h); and add (1)(i) as follows:11
42-4-2301. Comprehensive education. (1) The department of12
transportation, in collaboration with the departments of education and13
public safety and appropriate nonprofit organizations and advocacy14
groups, shall notify schools of the availability of and make available to15
schools existing educational curriculum for individuals under eighteen16
years of age regarding the safe use of public streets and premises open to17
the public by users of nonmotorized wheeled transportation and18
pedestrians. The curriculum shall focus on, at a minimum, instruction19
regarding:20
(g) The use of hiking and bicycling trails; and21
(h) Safe pedestrian practices; AND22
(i) LEGAL REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING23
CONTROLLED INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A24
LOW-SPEED CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).25
SECTION 4. In Colorado Revised Statutes, add part 25 to article26
4 of title 42 as follows:27
1028
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EDUCATION REGARDING APPROACHING2
CONTROLLED INTERSECTIONS WHILE3
NOT DRIVING A MOTOR VEHICLE4
42-4-2501. Educational materials - updating of driving manual.5
(1) THE DEPARTMENT OF TRANSPORTATION, IN COLLABORATION WITH THE6
DEPARTMENTS OF EDUCATION AND PUBLIC SAFETY AND APPROPRIATE7
NONPROFIT ORGANIZATIONS AND ADVOCACY GROUPS, SHALL PRODUCE8
FOR THE GENERAL PUBLIC EDUCATIONAL MATERIALS CONCERNING LEGAL9
REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING CONTROLLED10
INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A LOW -SPEED11
CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).12
(2) THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT SHALL13
INCLUDE IN UPDATES TO THE "COLORADO DRIVER HANDBOOK" UPDATED14
INFORMATION REGARDING LEGAL REQUIREMENTS AND SAFE PRACTICES15
FOR APPROACHING CONTROLLED INTERSECTIONS THAT REFLECTS CHANGES16
TO PRIOR LAW MADE BY HOUSE BILL 22-1028, ENACTED IN 2022.17
SECTION 5. Safety clause. The general assembly hereby finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety.20
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