Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0064.02 Jason Gelender x4330
HOUSE BILL 22-1028
House Committees Senate Committees
Transportation & Local Government Transportation & Energy
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
SENATE
Amended 2nd Reading
March 18, 2022
HOUSE
3rd Reading Unamended
February 22, 2022
HOUSE
Amended 2nd Reading
February 18, 2022
HOUSE SPONSORSHIP
Gray and Hooton, Boesenecker, Exum, Froelich, Sullivan, Amabile, Bernett, Cutter,
Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, Titone, Valdez A., Van Winkle
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 FIFTEEN YEARS OF AGE OR OLDER OR WHO ARE5
UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY AN ADULT AND WHO6
ARE NOT OPERATING MOTOR VEHICLES TO APPROACH CONTROLLED7
INTERSECTIONS IN THE MANNER SET FORTH IN THIS SECTION .8
(2) (a) (I) A
PEDESTRIAN OR A person riding a bicycle, electrical
9
assisted bicycle, or electric scooter WHO IS FIFTEEN YEARS OF AGE OR10
OLDER OR WHO IS UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY11
AN ADULT AND WHO IS OPERATING A LOW-SPEED CONVEYANCE and12
approaching an intersection of a roadway A CONTROLLED INTERSECTION13
with a stop sign shall slow down and, if required for safety, stop before14
entering the intersection. If a stop is not required for safety, the15
PEDESTRIAN OR person OPERATING A LOW-SPEED CONVEYANCE shall slow16
to a reasonable speed and yield the right-of-way to any traffic or17
pedestrian in or approaching the intersection. After the
PEDESTRIAN OR18
person
OPERATING A LOW-SPEED CONVEYANCE has slowed to a reasonable19
speed and yielded the right-of-way if required, the
PEDESTRIAN OR person20
OPERATING A LOW-SPEED CONVEYANCE may cautiously make a turn or21
proceed through the intersection without stopping.22
(b)
(II) For purposes of this subsection (1) SUBSECTION (2)(a), a23
reasonable speed is fifteen TEN miles per hour or less. A municipality, by24
ordinance, or a county, by resolution, may reduce the maximum25
reasonable speed at any individual intersection to ten miles per hour or26
raise the maximum reasonable speed to twenty miles per hour if the27
1028
-4- municipality or county also posts signs at the intersection stating that1
lower or higher speed limitation.2
(c) (b) A person riding a bicycle, electrical assisted bicycle, or3
electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS4
UNDER FIFTEEN YEARS OF AGE AND IS ACCOMPANIED BY AN ADULT AND5
WHO IS OPERATING A LOW-SPEED CONVEYANCE and approaching an6
intersection of a roadway A CONTROLLED INTERSECTION with an7
illuminated red traffic control signal shall stop before entering the8
intersection and shall yield to all other traffic and pedestrians. Once the9
person
OPERATING A LOW-SPEED CONVEYANCE has yielded, the person10
OPERATING A LOW-SPEED CONVEYANCE may cautiously proceed in the11
same direction through the intersection or make a right-hand turn. When12
a red traffic control signal is illuminated, a person
OPERATING A13
LOW-SPEED CONVEYANCE shall not proceed through the intersection or14
turn right if an oncoming vehicle is turning or preparing to turn left in15
front of the person
OPERATING A LOW-SPEED CONVEYANCE.16
(d)
(c) A person riding a bicycle, electrical assisted bicycle, or17
electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS18
UNDER FIFTEEN YEARS OF AGE AND IS ACCOMPANIED BY AN ADULT AND19
WHO IS OPERATING A LOW -SPEED CONVEYANCE approaching an20
intersection of a roadway with an illuminated red traffic control signal21
may make a left-hand turn only if turning onto a one-way street and only22
after stopping and yielding to other traffic and pedestrians. However, a23
person
OPERATING A LOW-SPEED CONVEYANCE shall not turn left if a
AN24
ONCOMING vehicle is traveling in the same direction as the person and the25
vehicle is turning or preparing to turn left. If the person is not turning left26
onto a one-way street, the person shall not make a left-hand turn at an27
1028
-5- intersection while a red traffic control signal is illuminated. RIGHT.1
(d) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS
2
SUBSECTION (2), IF A COUNTY OR MUNICIPALITY HAS PLACED A TRAFFIC3
SIGN OR A TRAFFIC CONTROL SIGNAL AT A CONTROLLED INTERSECTION4
AND THE TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL PROVIDES5
INSTRUCTIONS ONLY TO ONE OR MORE SPECIFIED TYPES OF LOW -SPEED6
CONVEYANCES, THE OPERATOR OF A LOW-SPEED CONVEYANCE TO WHICH7
THE TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL IS DIRECTED SHALL OBEY8
THE INSTRUCTIONS PROVIDED BY THE SIGN OR TRAFFIC CONTROL SIGNAL .9
(2) (e) If a county or municipality adopted a valid ordinance or10
resolution that regulates bicycles or electrical assisted bicycles11
substantially as described in subsection (1) SUBSECTIONS (2)(a.5),12
(2)(b.5),
AND (2)(c.5) of this section prior to May 3, 2018, that ordinance
13
or resolution remains valid
TO THE EXTENT THAT IT APPLIES TO THE
14
OPERATION OF BICYCLES OR ELECTRICAL ASSISTED BICYCLES BY PERSONS15
WHO ARE UNDER FIFTEEN YEARS OF AGE AND WHO ARE NOT ACCOMPANIED16
BY AN ADULT.17
(2.5) T
HIS SECTION SUPERSEDES ANY CONFLICTING ORDINANCE18
THAT A MUNICIPALITY, COUNTY, OR CITY AND COUNTY ADOPTS , BUT19
nothing in this section affects the validity of an
ANY ordinance or20
resolution that ADOPTED BY a municipality, county, or city and county21
adopted pursuant to this section if the ordinance or resolution: THAT22
REGULATES THE CONDUCT OF PERSONS APPROACHING CONTROLLED23
INTERSECTIONS AND DOES NOT CONFLICT WITH THIS SECTION .24
(a) Was adopted before May 23, 2019; and25
(b) Applies to electric scooters.26
(3) The adoption of an ordinance or resolution in accordance with27
1028
-6- This section does not diminish or alter the authority of the department of1
transportation or the state transportation commission, as those entities are2
defined in section 43-1-102, regarding the department's or commission's3
authority to regulate motor vehicle traffic on any portion of the state4
highway system as defined in section 43-2-101 (1).5
(3.5) T
HIS SECTION DOES NOT CREATE ANY RIGHT FOR A6
PEDESTRIAN OR THE OPERATOR OF A LOW-SPEED CONVEYANCE TO TRAVEL7
ON ANY PORTION OF A R OADWAY WHERE TRAVEL IS OTHERWISE8
PROHIBITED BY STATE LAW OR BY AN ORDINANCE OR RESOLUTION9
ADOPTED BY A MUNICIPALITY, COUNTY, OR CITY AND COUNTY.10
(4) As used in this section:11
(a) "Electrical assisted bicycle" means the term as it is defined in
12
section 42-1-102 (28.5). "CONTROLLED INTERSECTION " MEANS AN13
INTERSECTION OF A ROADWAY THAT IS CONTROLLED BY EITHER A STOP14
SIGN OR A TRAFFIC CONTROL SIGNAL.15
(b) "Municipality" means a home rule or statutory city, town, or16
city and county. "LOW-SPEED CONVEYANCE" MEANS:17
(I) A
VEHICLE, AS DEFINED IN SECTION 42-1-102 (112), THAT IS18
NOT A MOTOR VEHICLE , AS DEFINED IN SECTION 42-1-102 (58), A19
LOW-POWER SCOOTER AS DEFINED IN SECTION 42-1-102 (48.5), OR A20
LOW-SPEED ELECTRIC VEHICLE, AS DEFINED IN SECTION 42-1-102 (48.6);21
(II) A
TOY VEHICLE, AS DEFINED IN SECTION 42-1-102 (103.5),22
THAT IS EXCLUSIVELY HUMAN-POWERED; OR23
(III) A
N ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR24
EPAMD,
AS DEFINED IN SECTION 42-1-102 (28.7), OR A DEVICE THAT25
WOULD BE AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR26
EPAMD
BUT FOR THE FACT THAT IT HAS FEWER OR MORE THAN TWO27
1028
-7- WHEELS OR HAS TANDEM WHEELS .1
SECTION 3. In Colorado Revised Statutes, 42-4-2301, amend2
(1)(g) and (1)(h); and add (1)(i) as follows:3
42-4-2301. Comprehensive education. (1) The department of4
transportation, in collaboration with the departments of education and5
public safety and appropriate nonprofit organizations and advocacy6
groups, shall notify schools of the availability of and make available to7
schools existing educational curriculum for individuals under eighteen8
years of age regarding the safe use of public streets and premises open to9
the public by users of nonmotorized wheeled transportation and10
pedestrians. The curriculum shall focus on, at a minimum, instruction11
regarding:12
(g) The use of hiking and bicycling trails; and13
(h) Safe pedestrian practices; AND14
(i) LEGAL REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING15
CONTROLLED INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A16
LOW-SPEED CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).17
SECTION 4. In Colorado Revised Statutes, add part 25 to article18
4 of title 42 as follows:19
PART 2520
EDUCATION REGARDING APPROACHING21
CONTROLLED INTERSECTIONS WHILE22
NOT DRIVING A MOTOR VEHICLE23
42-4-2501. Educational materials - updating of driving manual.24
(1) THE DEPARTMENT OF TRANSPORTATION , IN COLLABORATION WITH THE25
DEPARTMENTS OF EDUCATION AND PUBLIC SAFETY AND APPROPRIATE26
NONPROFIT ORGANIZATIONS AND ADVOCACY GROUPS, SHALL PRODUCE27
1028
-8- FOR THE GENERAL PUBLIC EDUCATIONAL MATERIALS CONCERNING LEGAL1
REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING CONTROLLED2
INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A LOW -SPEED3
CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).4
(2) THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT SHALL5
INCLUDE IN UPDATES TO THE "COLORADO DRIVER HANDBOOK" UPDATED6
INFORMATION REGARDING LEGAL REQUIREMENTS AND SAFE PRACTICES7
FOR APPROACHING CONTROLLED INTERSECTIONS THAT REFLECTS CHANGES8
TO PRIOR LAW MADE BY HOUSE BILL 22-1028, ENACTED IN 2022.9
SECTION 5. Safety clause. The general assembly hereby finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety.12
1028
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