Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0534.01 Jery Payne x2157
HOUSE BILL 22-1043
House Committees Senate Committees
Transportation & Local Government
A BILL FOR AN ACT
C
ONCERNING MOTOR VEHICLES TH AT OPERATE ON THE ROADWAY101
WITH FEWER THAN FOUR WHEELS IN CONTACT WITH THE102
ROADWAY.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
.)
Current law defines an autocycle as a motorcycle. Section 1 of the
bill removes autocycle from the definition of motorcycle. The definition
of motorcycle is changed to add that a motorcycle needs to have
handlebars to steer and has a seat the rider sits astride. The definition of
autocycle is also changed to clarify that an autocycle doesn't use
HOUSE SPONSORSHIP
Pico,
SENATE SPONSORSHIP
Hisey,
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. handlebars directly connected to the front tire or tires to steer. In
removing autocycle from the definition of motorcycle, the bill makes the
following clarifications and changes:
! Section 2 clarifies that the driver of an autocycle need not
have a motorcycle endorsement regardless of the
autocycle's maximum speed and that all 3-wheel
motorcycle drivers need a general or limited motorcycle
endorsement;
! Current law requires all motorcycle drivers to wear eye
protection unless the motorcycle has 3 wheels, has a
maximum speed of no more than 25 miles per hour, has a
windshield, and has seatbelts. Section 3 clarifies that this
exception applies to drivers of autocycles, not motorcycles,
fitting that description.
! Current law requires a motorcycle driver who is under 18
years of age to wear a helmet unless the motorcycle has 3
wheels, has a maximum speed of no more than 25 miles per
hour, has a windshield, and has seatbelts. Section 4
clarifies that this exception applies to autocycles, not
motorcycles, fitting that description.
! Current law imposes a fee of $4 to register motorcycles for
motorcycle operator safety training. Redefining autocycles
as not being motorcycles means that autocycle owners will
not pay the fee.
! Section 5 removes the authorization for 2 autocycles to
drive abreast in one lane.
Sections 6 through 31 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-1-102, amend2
(7.5) and (55) as follows:3
42-1-102. Definitions. As used in articles 1 to 4 of this title 42,4
unless the context otherwise requires:5
(7.5) (a) "Autocycle" means a three-wheeled motorcycle
MOTOR6
VEHICLE that does not use handlebars or any other device that is THAT ARE7
directly connected to a single THE front wheel OR WHEELS to steer and in8
which the driver and each passenger ride in a fully or partly enclosed9
seating area that is equipped with safety belts for all occupants that10
HB22-1043-2- constitute a safety belt system, as defined in section 42-4-237 (1)(b). For1
purposes of2
(b) A
S USED IN this subsection (7.5), "partly enclosed seating area"3
means a seating area that is entirely or partly surrounded on the sides by4
the frame or body of a vehicle but is not fully enclosed.5
(55) (a) "Motorcycle" means an autocycle or
a motor vehicle that: 6
(I) Uses handlebars or any other device connected to the front7
wheel
OR WHEELS to steer;8
(II) H
AS A SEAT THE RIDER SITS ASTRIDE; and9
(III) that
Is designed to travel on not more than three wheels in10
contact with the ground. 11
(b) except that the term "MOTORCYCLE" does not include a farm12
tractor, low-speed electric vehicle, or low-power scooter.13
SECTION 2. In Colorado Revised Statutes, 42-2-103, amend14
(1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows: 15
42-2-103. Motorcycles - autocycles - low-power scooters -16
driver's license required. (1) (b) The department shall require an17
applicant for a general motorcycle endorsement to demonstrate the18
applicant's ability to exercise ordinary and reasonable care and control in19
the operation of a motorcycle. that is not an autocycle. The department20
shall also require an applicant for a limited three-wheel motorcycle21
endorsement to demonstrate the applicant's ability to exercise ordinary22
and reasonable care and control in the operation of a three-wheel23
motorcycle. that is not an autocycle.24
(d) Except as provided in subsection (1)(e) of this section, a25
person with only a limited three-wheel motorcycle endorsement may26
drive a three-wheel motorcycle that is not an autocycle but shall not drive27
HB22-1043
-3- a two-wheel motorcycle on a roadway.1
(e) A
DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S2
LICENSE OR MINOR DRIVER'S LICENSE. The driver of a motorcycle
AN3
AUTOCYCLE need not obtain a two- or three-wheel motorcycle4
endorsement. if the motorcycle is an autocycle or if the motorcycle has: 5
(I) Three wheels;6
(II) A maximum design speed of twenty-five miles per hour or7
less;8
(III) A windshield; and9
(IV) Seat belts.10
(2.5) An operator of an autocycle shall possess a valid driver's11
license or minor driver's license.12
SECTION 3. In Colorado Revised Statutes, 42-4-232, amend13
(1)(a) and (1)(b) introductory portion as follows:14
42-4-232. Minimum safety standards for motorcycles,15
autocycles, and low-power scooters. (1) (a) Except as provided in16
paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION,17
a person shall not drive a motorcycle,
AUTOCYCLE, or low-power scooter18
on a public highway unless the person and any passenger thereon
IN OR19
ON THE MOTORCYCLE, AUTOCYCLE, OR LOW-POWER SCOOTER is wearing20
goggles or eyeglasses with lenses made of safety glass or plastic; except21
that this subsection (1) does not apply to a person wearing a helmet22
containing eye protection made of safety glass or plastic.23
(b) A person driving or riding a motorcycle AN AUTOCYCLE need24
not wear eye protection if the motorcycle AUTOCYCLE has:25
SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend26
(1), (4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c)27
HB22-1043
-4- introductory portion as follows:1
42-4-1502. Motorcycles and autocycles - protective helmet.2
(1) A person operating DRIVING a motorcycle OR AUTOCYCLE shall ride3
only upon the permanent and regular seat attached thereto, and such4
operator TO THE MOTORCYCLE OR AUTOCYCLE . THE DRIVER OF A5
MOTORCYCLE OR AN AUTOCYCLE shall not carry any other person, nor6
shall any other AND ANOTHER person SHALL NOT ride on a motorcycle OR7
AUTOCYCLE, unless such motorcycle THE MOTORCYCLE OR AUTOCYCLE8
is designed to carry more than one person. In which event IF A9
MOTORCYCLE OR AUTOCYCLE IS DESIGNED TO CARRY MORE THAN ONE10
PERSON, a passenger may ride upon the permanent seat if THE PERMANENT11
SEAT IS designed for two persons or upon another seat firmly attached to12
the motorcycle
OR AUTOCYCLE at the rear or side of the operator.13
(4) No operator
A DRIVER shall NOT carry any person, nor shall14
any AND ANOTHER person SHALL NOT ride, in a position that will interfere15
with the operation or control of the motorcycle
OR AUTOCYCLE or the16
view of the operator.17
(4.5) (a) Except as provided in paragraph (c) of this subsection
18
(4.5) SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or19
ride as a passenger on a motorcycle,
AUTOCYCLE, or low-power scooter20
on a roadway unless:21
(III) The protective helmet is secured properly on the person's head22
with a chin strap while the motorcycle,
AUTOCYCLE, OR LOW-POWER23
SCOOTER is in motion.24
(c) A person driving or riding a motorcycle
AN AUTOCYCLE need25
not wear a helmet if the motorcycle AUTOCYCLE has:26
SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend27
HB22-1043
-5- (2) and (3) as follows:1
42-4-1503. Operating motorcycles and autocycles on roadways2
laned for traffic. (2) The operator of a motorcycle
OR AUTOCYCLE shall3
not overtake or pass in the same lane occupied by the vehicle being4
overtaken.5
(3) No
A person shall NOT operate a motorcycle OR AUTOCYCLE6
between lanes of traffic or between adjacent lines or
ROWS of vehicles.7
SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4)8
introductory portion and (4)(a) as follows:9
10-4-635. Medical payments coverage - exceptions -10
definitions. (4) This section shall
DOES not apply to:11
(a) A person obtaining an automobile liability or motor vehicle12
policy insuring against loss resulting from the ownership, maintenance,13
or use of a motorcycle,
AUTOCYCLE, low-power scooter, or toy vehicle,14
as defined in section 42-1-102; C.R.S.,
a snowmobile, as defined in15
section 33-14-101; C.R.S., or any vehicle designed primarily for use off16
the road or on rails;17
SECTION 7. In Colorado Revised Statutes, 42-3-116, amend18
(6)(b)(II) as follows:19
42-3-116. Manufacturers or dealers - fees - rules - definition20
- penalty. (6) (b) (II) The
DEPARTMENT SHALL ESTABLISH AND21
ANNUALLY ADJUST THE annual fee for full-use dealer plates shall be
22
established and adjusted annually by the department based on the average23
of specific ownership taxes and registration fees paid for passenger24
vehicles and light-duty trucks that are seven model years old or newer and25
that were registered during the one-year period preceding January 1 of26
each year. Such THE DEPARTMENT SHALL PRORATE THE annual fee shall27
HB22-1043
-6- be prorated on a monthly basis. The DEPARTMENT SHALL ESTABLISH AND1
ANNUALLY ADJUST THE annual fee for full-use dealer plates for2
motorcycles shall be established and adjusted annually by the department3
AND AUTOCYCLES based on the average of specific ownership taxes and4
registration fees paid for motorcycles
AND AUTOCYCLES that are seven5
model years old or newer and that were registered during the one-year6
period preceding January 1 of each year. Such
THE DEPARTMENT SHALL7
PRORATE THE annual fee for motorcycles shall be prorated AND8
AUTOCYCLES on a monthly basis.9
SECTION 8. In Colorado Revised Statutes, 42-3-201, amend10
(1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) as follows:11
42-3-201. Number plates furnished - style - periodic reissuance12
- tabs - rules. (1) (a) (I) The department shall issue to every owner13
whose vehicle is registered two number plates; except that the department14
shall issue one number plate for the following:15
(D) A vehicle drawn by a motor vehicle; or16
(E) An item of special mobile machinery;
OR17
(G) A
N AUTOCYCLE.18
SECTION 9. In Colorado Revised Statutes, 42-3-202, amend19
(1)(a) as follows:20
42-3-202. Number plates furnished to be attached - penalty.21
(1) (a) (I) E
XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS22
SECTION, the owner shall attach the number plates assigned to a23
self-propelled vehicle other than a motorcycle or street rod vehicle,
to the24
vehicle with one in the front and the other in the rear. 25
(II) The owner shall attach the number plate assigned to
ANY OF26
THE FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE :27
HB22-1043
-7- (A) A motorcycle;1
(B) A
N AUTOCYCLE;2
(C) A street rod vehicle;3
(D) A trailer, semitrailer,
OR other vehicle drawn by a motor4
vehicle; or 5
(E) Special mobile machinery. to the rear of the vehicle.
6
(III) The owner shall display number plates during the current7
registration year, except as otherwise provided in this article 3.8
SECTION 10. In Colorado Revised Statutes, 42-3-304, amend9
(5) and (6)(a) as follows:10
42-3-304. Registration fees - passenger-mile taxes - clean11
screen fund - pilot program - report - rules - definitions. (5) In lieu of12
registering each vehicle separately, a dealer in motorcycles
OR13
AUTOCYCLES shall pay to the department an annual registration fee of14
twenty-five dollars for the first license plate issued pursuant to section15
42-3-116 (1), a fee of seven dollars and fifty cents for each additional16
license plate so
issued up to and including five such plates, and a fee of17
ten dollars for each license plate so issued in excess of five.18
(6) In lieu of registering each vehicle separately:19
(a) A dealer in motor vehicles, trailers, and semitrailers, except20
dealers in motorcycles
OR AUTOCYCLES, shall pay to the department an21
annual fee of thirty dollars for the first license plate issued pursuant to22
section 42-3-116 (1), and a fee of seven dollars and fifty cents for each23
additional license plate so
issued up to and including five, and a fee of ten24
dollars for each license plate so issued in excess of five; and25
SECTION 11. In Colorado Revised Statutes, 42-3-306, amend26
(2) introductory portion and (2)(a) as follows:27
HB22-1043
-8- 42-3-306. Registration fees - passenger and passenger-mile1
taxes - fee schedule. (2) Fees for the annual registration of2
passenger-carrying motor vehicles shall be ARE as follows:3
(a) Motorcycles
AND AUTOCYCLES, three dollars;4
SECTION 12. In Colorado Revised Statutes, 42-3-310, amend5
(4) as follows:6
42-3-310. Additional registration fees - apportionment of fees.7
(4) Two dollars and fifty cents of each annual vehicle registration fee8
imposed by sections 42-3-304 to 42-3-306, exclusive of the annual9
registration fees prescribed for motorcycles,
AUTOCYCLES, trailer coaches,10
special mobile machinery, and trailers having an empty weight of two11
thousand pounds or less and exclusive of a registration fee paid for a12
fractional part of a year, shall not be transmitted to the department but13
shall be paid over by the authorized agent, as collected, to the county14
treasurer, who shall credit the same to an account entitled "apportioned15
vehicle registration fees". On the tenth day of each month, the county16
treasurer shall apportion the balance in the account existing on the last17
day of the immediately preceding month between the county and the cities18
and incorporated towns located within the boundaries of the county on the19
basis of the record of rural and urban registrations that indicates the place20
of residence of each vehicle owner.21
SECTION 13. In Colorado Revised Statutes, 42-4-205, amend22
(1) and (2) as follows:23
42-4-205. Head lamps on motor vehicles - penalty. (1) Every24
motor vehicle, other than a motorcycle
OR AUTOCYCLE, shall be equipped25
with at least two head lamps, with at least one on each side of the front of26
the motor vehicle. which
THE head lamps shall comply with the27
HB22-1043
-9- requirements and limitations set forth in sections 42-4-202 and 42-4-2041
to 42-4-231 and part 3 of this article ARTICLE 4 where applicable.2
(2) Every motorcycle
OR AUTOCYCLE shall be equipped with at3
least one and not more than two head lamps that shall
comply with the4
requirements and limitations of sections 42-4-202 and 42-4-204 to5
42-4-231 and part 3 of this article ARTICLE 4 where applicable.6
SECTION 14. In Colorado Revised Statutes, 42-4-206, amend7
(5) as follows:8
42-4-206. Tail lamps and reflectors - penalty. (5) Every new9
motor vehicle sold
ON AND AFTER JANUARY 1, 1958, and operated on and
10
after January 1, 1958, upon a highway shall carry on the rear, whether as11
a part of the tail lamps or separately, two red reflectors; except that every12
motorcycle
OR AUTOCYCLE shall carry at least one reflector meeting the13
requirements of this section, and vehicles of the type mentioned in section14
42-4-207 shall be equipped with reflectors as required in those sections
15
applicable thereto THIS PART 2.16
SECTION 15. In Colorado Revised Statutes, 42-4-208, amend17
(2) and (3) as follows:18
42-4-208. Stop lamps and turn signals - penalty. (2) No A19
person shall
NOT sell or offer for sale or operate on the highways any20
motor vehicle registered in this state and manufactured or assembled after21
January 1, 1958, unless it is equipped with at least two stop lamps22
meeting the requirements of section 42-4-215 (1); except that a23
motorcycle
OR AUTOCYCLE manufactured or assembled after said date
24
shall JANUARY 1, 1958, MUST be equipped with at least one stop lamp25
meeting the requirements of section 42-4-215 (1).26
(3) No A person shall NOT sell or offer for sale or operate on the27
HB22-1043
-10- highways any motor vehicle, trailer, or semitrailer registered in this state1
and manufactured or assembled after January 1, 1958, and no A person2
shall
NOT operate any motor vehicle, trailer, or semitrailer on the3
highways when the distance from the center of the top of the steering post4
to the left outside limit of the body, cab, or load of such
THE motor5
vehicle exceeds twenty-four inches, unless it is equipped with electrical6
turn signals meeting the requirements of section 42-4-215 (2). This7
subsection (3) shall DOES not apply to any motorcycle, AUTOCYCLE, or8
low-power scooter.9
SECTION 16. In Colorado Revised Statutes, 42-4-216, amend10
(1) introductory portion and (2) as follows:11
42-4-216. Multiple-beam road lights - penalty. (1) Except as12
provided in this article ARTICLE 4, the head lamps or the auxiliary driving13
lamp or the auxiliary passing lamp or combination thereof OF LAMPS on14
motor vehicles, other than motorcycles,
AUTOCYCLES, or low-power15
scooters, shall be so
arranged SO that the driver may select at will between16
distributions of light projected to different elevations, and such THE lamps17
may, in addition, be so arranged SO that such THE selection can be made18
automatically, subject to the following limitations:19
(2) A new motor vehicle, other than a motorcycle,
AUTOCYCLE, or20
low-power scooter, that has multiple-beam road-lighting equipment shall21
be equipped with a beam indicator, which shall be lighted whenever the22
uppermost distribution of light from the head lamps is in use and shall not23
otherwise be lighted. Said
THE indicator shall be so designed and located24
SO that when lighted it will be readily visible without glare to the driver25
of the vehicle so equipped.26
SECTION 17. In Colorado Revised Statutes, 42-4-223, amend27
HB22-1043
-11- (1)(a) and (1)(b) as follows:1
42-4-223. Brakes - penalty. (1) Brake equipment required:2
(a) Every motor vehicle, other than a motorcycle
OR AUTOCYCLE,3
when operated upon a highway shall be equipped with brakes adequate4
to control the movement of and to stop and hold such
THE vehicle,5
including two separate means of applying the brakes, each of which6
means shall be effective to apply the brakes to at least two wheels. If7
these two separate means of applying the brakes are connected in any8
way, they shall be so constructed SO that failure of any one part of the9
operating mechanism shall DOES not leave the motor vehicle without10
brakes on at least two wheels.11
(b) Every motorcycle,
AUTOCYCLE, and low-power scooter, when12
operated upon a highway, shall be equipped with at least one brake,13
which may be operated by hand or foot.14
SECTION 18. In Colorado Revised Statutes, 42-4-236, amend15
(1)(a.8) as follows:16
42-4-236. Child restraint systems required - definitions -17
exemptions. (1) As used in this section, unless the context otherwise18
requires:19
(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a20
van, minivan, or sport utility vehicle with a gross vehicle weight rating of21
less than ten thousand pounds. "Motor vehicle" does not include22
motorcycles, that are not autocycles,
low-power scooters, motorscooters,23
motorbicycles, motorized bicycles, and farm tractors and implements of24
husbandry designed primarily or exclusively for use in agricultural25
operations.26
SECTION 19. In Colorado Revised Statutes, 42-4-237, amend27
HB22-1043
-12- (1)(b) as follows:1
42-4-237. Safety belt systems - mandatory use - exemptions -2
penalty - definitions. (1) As used in this section:3
(b) "Safety belt system" means a system utilizing a lap belt, a4
shoulder belt, or any other belt or combination of belts installed in a5
motor vehicle or an autocycle to restrain drivers and passengers, which6
system conforms to federal motor vehicle safety standards.7
SECTION 20. In Colorado Revised Statutes, amend 42-4-503 as8
follows:9
42-4-503. Projecting loads on passenger vehicles - penalty.10
Except with regard to the operation of a motorcycle,
AUTOCYCLE, bicycle,11
electrical assisted bicycle, or electric scooter, a person shall not operate12
a passenger-type vehicle on any highway with any load carried on the13
vehicle extending beyond the line of the fenders on the left side of the14
vehicle nor extending more than six inches beyond the line of the fenders15
on the right side of the vehicle. A person who violates this section16
commits a class B traffic infraction.17
SECTION 21. In Colorado Revised Statutes, 42-4-612, amend18
(1)(a) as follows:19
42-4-612. When signals are inoperative or malfunctioning -20
penalty. (1) (a) When a driver approaches an intersection and faces a21
traffic control signal that is inoperative, that remains on steady red or22
steady yellow during several time cycles, or that does not recognize a23
motorcycle
OR AUTOCYCLE that is operated by the driver, the provisions24
controlling entrance to a through street or highway from a stop sign or25
highway, as provided under section 42-4-703, apply until a police officer26
assumes control of traffic or until the traffic control signal resumes27
HB22-1043
-13- normal operation.1
SECTION 22. In Colorado Revised Statutes, 42-4-1012, amend2
(2) as follows:3
42-4-1012. High occupancy vehicle (HOV) and high occupancy4
toll (HOT) lanes - penalty. (2) A motorcycle
OR AUTOCYCLE may be5
operated upon high occupancy vehicle lanes pursuant to section 163 of6
Public Law 97-424
THE "HIGHWAY IMPROVEMENT ACT OF 1982", PUB.L.7
97-424,
AS AMENDED, or upon high occupancy toll lanes, unless8
prohibited by official traffic control devices.9
SECTION 23. In Colorado Revised Statutes, 42-4-1204, amend10
(8) as follows:11
42-4-1204. Stopping, standing, or parking prohibited in12
specified places - penalty. (8) A political subdivision may
SHALL not13
adopt or enforce an ordinance or regulation that prohibits the parking of14
more than one motorcycle
OR AUTOCYCLE within a space served by a15
single parking meter.16
SECTION 24. In Colorado Revised Statutes, 42-4-1402.5,17
amend (1)(f)(XV) and (1)(f)(XVI); and add (1)(f)(XVII) as follows:18
42-4-1402.5. Vulnerable road user - prohibition - violations19
and penalties - definition. (1) Definition. As used in this section, unless20
the context otherwise requires, "vulnerable road user" means:21
(f) A person lawfully using any of the following on a public22
right-of-way, crosswalk, or shoulder of the roadway:23
(XV) A baby stroller; or
24
(XVI) A nonmotorized pull wagon;
OR25
(XVII) A
N AUTOCYCLE.26
SECTION 25. In Colorado Revised Statutes, amend 42-4-150127
HB22-1043
-14- as follows:1
42-4-1501. Traffic laws apply to persons operating2
motorcycles and autocycles - special permits. (1) Every person3
operating a motorcycle
OR AUTOCYCLE shall be granted all of the rights4
and shall be
IS subject to all of the duties applicable to the driver of any5
other vehicle under this article ARTICLE 4, except as to special regulations6
in this article ARTICLE 4 and except as to those provisions of this article7
which ARTICLE 4 THAT by their nature can have no application ARE NOT8
APPLICABLE.9
(2) For the purposes of a prearranged, organized special event and10
upon a showing that safety will be reasonably maintained, the department11
of transportation may grant a special permit exempting the operation of12
a motorcycle
OR AUTOCYCLE from any requirement of this part 15. 13
SECTION 26. In Colorado Revised Statutes, amend 42-4-150414
as follows:15
42-4-1504. Clinging to other vehicles - penalty. No
A person16
riding upon a motorcycle
OR AUTOCYCLE shall NOT attach himself,17
herself, or the motorcycle
OR AUTOCYCLE to any other vehicle on a18
roadway. Any person who violates any provision of
this section commits19
a class A traffic infraction.20
SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend21
(4)(e)(III) as follows:22
42-4-1701. Traffic offenses and infractions classified -23
penalties - penalty and surcharge schedule - repeal. (4) (e) (III) An24
additional twenty dollars is assessed for a violation of a traffic regulation25
pursuant to subsection (4)(a)(I)(C) of this section for a violation of26
section 42-4-109 (13)(b), in addition to the penalties stated in subsection27
HB22-1043
-15- (4)(a)(I)(C) of this section. An additional twenty dollars must be assessed1
for a motorcycle
OR AUTOCYCLE violation pursuant to subsection2
(4)(a)(I)(O) of this section for a violation of section 42-4-1502 (4.5), in3
addition to the penalties stated in subsection (4)(a)(I)(O) of this section.4
Money collected pursuant to this subsection (4)(e)(III) must be5
transmitted to the state treasurer, who shall deposit the money in the6
Colorado brain injury trust fund created pursuant to section 26-1-309, to7
be used for the purposes set forth in part 3 of article 1 of title 26.8
SECTION 28. In Colorado Revised Statutes, 42-9-102, amend9
the introductory portion and (2) as follows:10
42-9-102. Definitions. As used in this article
ARTICLE 9, unless11
the context otherwise requires:12
(2) (a) "Motor vehicle" means every self-propelled vehicle13
intended primarily for use and operation on the public highways.14
(b) The term does not include:15
(I) Trucks and truck tractors having a gross vehicle weight of16
more than eight thousand five hundred pounds; nor does it include17
(II) Farm tractors and other machines and tools used in the18
production, harvesting, and care of farm products; nor does it include OR19
(III) Motorcycles
OR AUTOCYCLES.20
SECTION 29. In Colorado Revised Statutes, 43-4-804, amend21
(1)(a)(I)(A) as follows:22
43-4-804. Highway safety projects - surcharges and fees -23
crediting of money to highway users tax fund - definition. (1) On and24
after July 1, 2009, the following surcharges, fees, and fines shall be25
collected and credited to the highway users tax fund created in section26
43-4-201 (1)(a) and allocated to the state highway fund, counties, and27
HB22-1043
-16- municipalities as specified in section 43-4-205 (6.3):1
(a) (I) A road safety surcharge, which, except as otherwise2
provided in subsections (1)(a)(III) and (1)(a)(VI) of this section, is3
imposed for any registration period that commences on or after July 1,4
2009, upon the registration of any vehicle for which a registration fee5
must be paid pursuant to part 3 of article 3 of title 42 and is also imposed6
upon any item of special mobile machinery that is covered by a7
registration exempt certificate issued by the department of revenue in8
accordance with section 42-3-107 (16)(g). Except as otherwise provided9
in subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the10
amount of the surcharge is:11
(A) Sixteen dollars for a motorcycle, as defined in section12
42-1-102 (55);
AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or13
any vehicle that weighs two thousand pounds or less;14
SECTION 30. In Colorado Revised Statutes, 44-20-108, amend15
(1)(b) as follows:16
44-20-108. Classes of licenses. (1) The following classes of17
licenses are issued under this part 1:18
(b) Used motor vehicle dealer's license, shall permit
WHICH19
PERMITS the licensee to engage in the business of selling, exchanging,20
leasing, or offering used motor vehicles only. The license shall also21
permit PERMITS a licensee to negotiate for a consumer the sale, exchange,22
or lease of used and new motor vehicles not owned by the licensee,23
except those vehicles defined in section 42-1-102 (55) (7.5) AND (55) as24
AUTOCYCLES OR motorcycles and section 33-14.5-101 (3) as off-highway25
vehicles; however, prior to completion of the sale, exchange, or lease of26
a motor vehicle not owned by the licensee, the licensee shall disclose in27
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-17- writing to the consumer whether the licensee will receive any1
compensation from the consumer and whether the licensee will receive2
any compensation from the owner of the motor vehicle as a result of the3
transaction. If the licensee receives compensation from the owner of the4
motor vehicle as a result of the transaction, the licensee shall include in5
the written disclosure the name of the owner from whom the licensee will6
receive compensation. This form of license shall permit PERMITS not more7
than two persons named therein IN THE LICENSE, who shall be owners or8
part owners of the business of the licensee, to act as motor vehicle9
salespersons.10
SECTION 31. In Colorado Revised Statutes, 44-20-124, amend11
(1)(x)(II) as follows:12
44-20-124. Unlawful acts. (1) It is unlawful and a violation of13
this part 1 for any manufacturer, distributor, or manufacturer14
representative:15
(x) To require, coerce, or attempt to coerce a motor vehicle dealer16
to substantially alter a facility or premises if:17
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (1)(x)(II)(B) OF THIS18
SECTION, the motor vehicle dealer: Sells only motorcycles, AUTOCYCLES,19
MOTORCYCLES AND AUTOCYCLES , or motorcycles, AUTOCYCLES, and20
powersports vehicles; the facility or premises has been altered within the21
last ten years at a cost of more than twenty-five thousand dollars; and the22
alteration was required and approved by the manufacturer, distributor, or23
manufacturer representative. except that
24
(B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply25
to improvements made to comply with health or safety laws; to26
improvements made to accommodate the technology requirements27
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-18- necessary to sell or service a line-make; to technological improvements1
related to electric, automated, compressed natural gas, and fuel-cell2
motorcycles and powersports vehicles; or to improvements made to install3
or upgrade electric vehicle charging equipment.4
SECTION 32. Act subject to petition - effective date -5
applicability. (1) This act takes effect at 12:01 a.m. on the day following6
the expiration of the ninety-day period after final adjournment of the7
general assembly; except that, if a referendum petition is filed pursuant8
to section 1 (3) of article V of the state constitution against this act or an9
item, section, or part of this act within such period, then the act, item,10
section, or part will not take effect unless approved by the people at the11
general election to be held in November 2022 and, in such case, will take12
effect on the date of the official declaration of the vote thereon by the13
governor.14
(2) This act applies to offenses committed on or after the15
applicable effective date of this act.16
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