HOUSE BILL 22-1028
BY REPRESENTATIVE(S) Gray and Hooton, Boesenecker, Exum,
Froelich, Sullivan, Amabile, Bernett, Cutter, Jodeh, Kennedy, Kipp,
Lindsay, Lontine, McCluskie, Titone, Valdez A., Van Winkle, Ricks,
Sirota, Snyder, Soper;
also SENATOR(S) Winter and Priola, Buckner, Gonzales, Lee, Moreno,
Story, Fenberg.
C
ONCERNING STATEWIDE REGULATION OF PERSONS APPROACHING
CONTROLLED INTERSECTIONS WHO ARE NOT OPERATING MOTOR
VEHICLES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-1412, amend (1)
as follows:
42-4-1412. Operation of bicycles, electric scooters, and other
human-powered vehicles. (1) A person riding a bicycle, electrical assisted
bicycle, or electric scooter has all of the rights and duties applicable to the
driver of any other vehicle under this article 4, except as to special
regulations in this article 4, except as provided in section 42-4-1412.5, and
except as to those provisions that by their nature can have no application.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. Bicycle, electrical assisted bicycle, or electric scooter riders shall comply
with the rules set forth in this section and section 42-4-221, and, when using
streets and highways within incorporated cities and towns, are subject to
local ordinances regulating the operation of bicycles, electrical assisted
bicycles, and electric scooters as provided in section 42-4-111.
Notwithstanding any contrary provision in this article 4, when a county or
municipality has adopted an ordinance or resolution pursuant to
THAT
REGULATES THE OPERATION OF BICYCLES
, ELECTRICAL ASSISTED BICYCLES,
AND ELECTRIC SCOOTERS AT CONTROLLED INTERSECTIONS , AS DEFINED IN
SECTION
42-4-1412.5 (4)(a), AND THAT DOES NOT CONFLICT WITH section
42-4-1412.5, riders are subject to the local ordinance or resolution.
SECTION 2. In Colorado Revised Statutes, amend 42-4-1412.5 as
follows:
42-4-1412.5. Statewide regulation of certain persons
approaching intersections who are not operating motor vehicles - status
of existing local ordinance or resolution - legislative declaration -
definitions. (1) A county or municipality may adopt an ordinance or
resolution implementing this section. If a county or municipality adopts an
ordinance or resolution pursuant to this section, the ordinance or resolution
must specify the following: THE GENERAL ASSEMBLY HEREBY FINDS AND
DECLARES THAT
:
(a) T
HE REGULATION OF PERSONS APPROACHING CONTROLLED
INTERSECTIONS IS A MATTER OF MIXED STATE AND LOCAL CONCERN
; AND
(b) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF
THE STATE TO REDUCE INJURIES
, FATALITIES, AND PROPERTY DAMAGE
RESULTING FROM COLLISIONS AT CONTROLLED INTERSECTIONS BETWEEN
MOTOR VEHICLES AND PERSONS WHO ARE NOT OPERATING MOTOR VEHICLES
BY ALLOWING MOST PERSONS APPROACHING CONTROLLED INTERSECTIONS
WHO ARE FIFTEEN YEARS OF AGE OR OLDER OR WHO ARE UNDER FIF TEEN
YEARS OF AGE AND ACCOMPANIED BY AN ADULT AND WHO ARE NOT
OPERATING MOTOR VEHICLES TO APPROACH CONTROLLED INTERSECTIONS IN
THE MANNER SET FORTH IN THIS SECTION
.
(2) (a) (I) A
PEDESTRIAN OR A person riding a bicycle, electrical
assisted bicycle, or electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER
OR WHO IS UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY AN ADULT
PAGE 2-HOUSE BILL 22-1028 AND WHO IS OPERATING A LOW -SPEED CONVEYANCE and approaching an
intersection of a roadway A CONTROLLED INTERSECTION with a stop sign
shall slow down and, if required for safety, stop before entering the
intersection. If a stop is not required for safety, the
PEDESTRIAN OR person
OPERATING A LOW-SPEED CONVEYANCE shall slow to a reasonable speed and
yield the right-of-way to any traffic or pedestrian in or approaching the
intersection. After the
PEDESTRIAN OR person OPERATING A LOW-SPEED
CONVEYANCE
has slowed to a reasonable speed and yielded the right-of-way
if required, the
PEDESTRIAN OR person OPERATING A LOW -SPEED
CONVEYANCE
may cautiously make a turn or proceed through the
intersection without stopping.
(b)
(II) For purposes of this subsection (1) SUBSECTION (2)(a), a
reasonable speed is fifteen TEN miles per hour or less. A municipality, by
ordinance, or a county, by resolution, may reduce the maximum reasonable
speed at any individual intersection to ten miles per hour or raise the
maximum reasonable speed to twenty miles per hour if the municipality or
county also posts signs at the intersection stating that lower or
higher speed
limitation.
(c) (b) A person riding a bicycle, electrical assisted bicycle, or
electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS UNDER
FIFTEEN YEARS OF AGE AND IS A CCOMPANIED BY AN ADULT AND WHO IS
OPERATING A LOW
-SPEED CONVEYANCE and approaching an intersection of
a roadway A CONTROLLED INTERSECTION with an illuminated red traffic
control signal shall stop before entering the intersection and shall yield to
all other traffic and pedestrians. Once the person
OPERATING A LOW-SPEED
CONVEYANCE
has yielded, the person OPERATING A LOW -SPEED
CONVEYANCE
may cautiously proceed in the same direction through the
intersection or make a right-hand turn. When a red traffic control signal is
illuminated, a person
OPERATING A LOW-SPEED CONVEYANCE shall not
proceed through the intersection or turn right if an oncoming vehicle is
turning or preparing to turn left in front of the person
OPERATING A
LOW
-SPEED CONVEYANCE.
(d)
(c) A person riding a bicycle, electrical assisted bicycle, or
electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS UNDER
FIFTEEN YEARS OF AGE AND IS A CCOMPANIED BY AN ADULT AND WHO IS
OPERATING A LOW
-SPEED CONVEYANCE approaching an intersection of a
roadway with an illuminated red traffic control signal may make a left-hand
PAGE 3-HOUSE BILL 22-1028 turn only if turning onto a one-way street and only after stopping and
yielding to other traffic and pedestrians. However, a person
OPERATING A
LOW
-SPEED CONVEYANCE shall not turn left if a
AN ONCOMING vehicle is
traveling in the same direction as the person and the vehicle is turning or
preparing to turn left. If the person is not turning left onto a one-way street,
the person shall not make a left-hand turn at an intersection while a red
traffic control signal is illuminated. RIGHT.
(d) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION
(2), IF A COUNTY OR MUNICIPALITY HAS PLACED A TRAFFIC SIGN OR A
TRAFFIC CONTROL SIGNAL AT A CONTROLLED INTERSECTION AND THE
TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL PROVIDES INSTRUCTIONS ONLY
TO ONE OR MORE SPECIFIED TYPES OF LOW
-SPEED CONVEYANCES , THE
OPERATOR OF A LOW
-SPEED CONVEYANCE TO WHICH THE TRAFFIC SIGN OR
TRAFFIC CONTROL SIGNAL IS DIRECTED SHALL OBEY THE INSTRUCTIONS
PROVIDED BY THE SIGN OR TRAFFIC CONTROL SIGNAL
.
(2)
(e) If a county or municipality adopted a valid ordinance or
resolution that regulates bicycles or electrical assisted bicycles substantially
as described in subsection (1)
SUBSECTIONS (2)(a.5), (2)(b.5), AND (2)(c.5)
of this section prior to May 3, 2018, that ordinance or resolution remains
valid
TO THE EXTENT THAT IT APPLIES TO THE OPERATION OF BICYCLES OR
ELECTRICAL ASSISTED BICYCLES BY PERSONS WHO ARE UNDER FIFTEEN
YEARS OF AGE AND WHO ARE NOT ACCOMPANIED BY AN ADULT
.
(2.5) T
HIS SECTION SUPERSEDES ANY CONFLICTING ORDI NANCE THAT
A MUNICIPALITY
, COUNTY, OR CITY AND COUNTY ADOPTS, BUT nothing in
this section affects the validity of an
ANY ordinance or resolution that
ADOPTED BY a municipality, county, or city and county adopted pursuant to
this section if the ordinance or resolution: THAT REGULATES THE CONDUCT
OF PERSONS APPROACHING CONTROLLED INTERSECTIONS AND DOES NOT
CONFLICT WITH THIS SECTION
.
(a) Was adopted before May 23, 2019; and
(b) Applies to electric scooters.
(3) The adoption of an ordinance or resolution in accordance with
This section does not diminish or alter the authority of the department of
transportation or the state transportation commission, as those entities are
PAGE 4-HOUSE BILL 22-1028 defined in section 43-1-102, regarding the department's or commission's
authority to regulate motor vehicle traffic on any portion of the state
highway system as defined in section 43-2-101 (1).
(3.5) T
HIS SECTION 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 BY AN ORDINANCE OR RESOLUTION ADOPTED BY A
MUNICIPALITY
, COUNTY, OR CITY AND COUNTY.
(4) As used in this section:
(a) "Electrical assisted bicycle" means the term as it is defined in
section 42-1-102 (28.5). "CONTROLLED INTERSECTION " MEANS AN
INTERSECTION OF A ROADWAY THAT IS CONTROLLED BY EITHER A STOP SIGN
OR A TRAFFIC CONTROL SIGNAL
.
(b) "Municipality" means a home rule or statutory city, town, or city
and county. "LOW-SPEED CONVEYANCE" MEANS:
(I) A
VEHICLE, AS DEFINED IN SECTION 42-1-102 (112), THAT IS NOT
A MOTOR VEHICLE
, AS DEFINED IN SECTION 42-1-102 (58), A LOW-POWER
SCOOTER AS DEFINED IN SECTION
42-1-102 (48.5), OR A LOW-SPEED
ELECTRIC VEHICLE
, AS DEFINED IN SECTION 42-1-102 (48.6);
(II) A
TOY VEHICLE, AS DEFINED IN SECTION 42-1-102 (103.5), THAT
IS EXCLUSIVELY HUMAN
-POWERED; OR
(III) AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR
EPAMD, AS DEFINED IN SECTION 42-1-102 (28.7), OR A DEVICE THAT WOULD
BE AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR
EPAMD BUT
FOR THE FACT THAT IT HAS FEWER OR MORE THAN TWO WHEELS OR HAS
TANDEM WHEELS
.
SECTION 3. In Colorado Revised Statutes, 42-4-2301, amend
(1)(g) and (1)(h); and add (1)(i) as follows:
42-4-2301. Comprehensive education. (1) The department of
transportation, in collaboration with the departments of education and
public safety and appropriate nonprofit organizations and advocacy groups,
PAGE 5-HOUSE BILL 22-1028 shall notify schools of the availability of and make available to schools
existing educational curriculum for individuals under eighteen years of age
regarding the safe use of public streets and premises open to the public by
users of nonmotorized wheeled transportation and pedestrians. The
curriculum shall focus on, at a minimum, instruction regarding:
(g) The use of hiking and bicycling trails; and
(h) Safe pedestrian practices; AND
(i) LEGAL REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING
CONTROLLED INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A
LOW
-SPEED CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).
SECTION 4. In Colorado Revised Statutes, add part 25 to article
4 of title 42 as follows:
PART 25
EDUCATION REGARDING APPROACHING
CONTROLLED INTERSECTIONS WHILE
NOT DRIVING A MOTOR VEHICLE
42-4-2501. Educational materials - updating of driving manual.
(1) T
HE DEPARTMENT OF TRANSPORTATION , IN COLLABORATION WITH THE
DEPARTMENTS OF EDUCATION AND PUBLIC SAFETY AND APPROPRIATE
NONPROFIT ORGANIZATIONS AND ADVOCACY GROUPS
, SHALL PRODUCE FOR
THE GENERAL PUBLIC EDUCATIONAL MATERIALS CONCERNING LEGAL
REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING CONTROLLED
INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A LOW
-SPEED
CONVEYANCE
, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).
(2) T
HE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT SHALL
INCLUDE IN UPDATES TO THE
"COLORADO DRIVER HANDBOOK" UPDATED
INFORMATION REGARDING LEGAL REQUIREMENTS AND SAFE PRACTICES FOR
APPROACHING CONTROLLED INTERSECTIONS THAT REFLECTS CHANGES TO
PRIOR LAW MADE BY
HOUSE BILL 22-1028, ENACTED IN 2022.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 6-HOUSE BILL 22-1028 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1028