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. 22-0534.01 Jery Payne x2157
HOUSE BILL 22-1043
House Committees Senate Committees
Transportation & Local Government
Appropriations
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, AND, IN CONNECTION THEREWITH, MAKING AN103
APPROPRIATION.104
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
HOUSE
Amended 2nd Reading
February 18, 2022
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 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
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
1043-2- which the driver and each passenger ride in a fully or partly enclosed1
seating area that is equipped with safety belts for all occupants that2
constitute a safety belt system, as defined in section 42-4-237 (1)(b). For3
purposes of4
(b) A
S USED IN this subsection (7.5), "partly enclosed seating area"5
means a seating area that is entirely or partly surrounded on the sides by6
the frame or body of a vehicle but is not fully enclosed.7
(55) (a) "Motorcycle" means an autocycle or
a motor vehicle that: 8
(I) Uses handlebars or any other device connected to the front9
wheel
OR WHEELS to steer;10
(II) H
AS A SEAT THE RIDER SITS ASTRIDE; and11
(III) that
Is designed to travel on not more than three wheels in12
contact with the ground. 13
(b) except that the term "MOTORCYCLE" does not include a farm14
tractor, low-speed electric vehicle, or low-power scooter.15
SECTION 2. In Colorado Revised Statutes, 42-2-103, amend16
(1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows: 17
42-2-103. Motorcycles - autocycles - low-power scooters -18
driver's license required. (1) (b) The department shall require an19
applicant for a general motorcycle endorsement to demonstrate the20
applicant's ability to exercise ordinary and reasonable care and control in21
the operation of a motorcycle. that is not an autocycle. The department22
shall also require an applicant for a limited three-wheel motorcycle23
endorsement to demonstrate the applicant's ability to exercise ordinary24
and reasonable care and control in the operation of a three-wheel25
motorcycle. that is not an autocycle.26
(d) Except as provided in subsection (1)(e) of this section, a27
1043
-3- person with only a limited three-wheel motorcycle endorsement may1
drive a three-wheel motorcycle that is not an autocycle but shall not drive2
a two-wheel motorcycle on a roadway.3
(e) A
DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S4
LICENSE OR MINOR DRIVER'S LICENSE. The driver of a motorcycle
AN5
AUTOCYCLE need not obtain a two- or three-wheel motorcycle6
endorsement. if the motorcycle is an autocycle or if the motorcycle has: 7
(I) Three wheels;8
(II) A maximum design speed of twenty-five miles per hour or9
less;10
(III) A windshield; and11
(IV) Seat belts.12
(2.5) An operator of an autocycle shall possess a valid driver's13
license or minor driver's license.14
SECTION 3. In Colorado Revised Statutes, 42-4-232, amend15
(1)(a) and (1)(b) introductory portion as follows:16
42-4-232. Minimum safety standards for motorcycles,17
autocycles, and low-power scooters. (1) (a) Except as provided in18
paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION,19
a person shall not drive a motorcycle,
AUTOCYCLE, or low-power scooter20
on a public highway unless the person and any passenger thereon
IN OR21
ON THE MOTORCYCLE, AUTOCYCLE, OR LOW-POWER SCOOTER is wearing22
goggles or eyeglasses with lenses made of safety glass or plastic; except23
that this subsection (1) does not apply to a person wearing a helmet24
containing eye protection made of safety glass or plastic.25
(b) A person driving or riding a motorcycle AN AUTOCYCLE need26
not wear eye protection if the motorcycle AUTOCYCLE has:27
1043
-4- SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend1
(1), (4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c)2
introductory portion as follows:3
42-4-1502. Motorcycles and autocycles - protective helmet.4
(1) A person operating DRIVING a motorcycle OR AUTOCYCLE shall ride5
only upon the permanent and regular seat attached thereto, and such6
operator TO THE MOTORCYCLE OR AUTOCYCLE . THE DRIVER OF A7
MOTORCYCLE OR AN AUTOCYCLE shall not carry any other person, nor8
shall any other AND ANOTHER person SHALL NOT ride on a motorcycle OR9
AUTOCYCLE, unless such motorcycle THE MOTORCYCLE OR AUTOCYCLE10
is designed to carry more than one person. In which event IF A11
MOTORCYCLE OR AUTOCYCLE IS DESIGNED TO CARRY MORE THAN ONE12
PERSON, a passenger may ride upon the permanent seat if THE PERMANENT13
SEAT IS designed for two persons or upon another seat firmly attached to14
the motorcycle
OR AUTOCYCLE at the rear or side of the operator.15
(4) No operator
A DRIVER shall NOT carry any person, nor shall16
any AND ANOTHER person SHALL NOT ride, in a position that will interfere17
with the operation or control of the motorcycle
OR AUTOCYCLE or the18
view of the operator.19
(4.5) (a) Except as provided in paragraph (c) of this subsection
20
(4.5) SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or21
ride as a passenger on a motorcycle,
AUTOCYCLE, or low-power scooter22
on a roadway unless:23
(III) The protective helmet is secured properly on the person's head24
with a chin strap while the motorcycle,
AUTOCYCLE, OR LOW-POWER25
SCOOTER is in motion.26
(c) A person driving or riding a motorcycle
AN AUTOCYCLE need27
1043
-5- not wear a helmet if the motorcycle AUTOCYCLE has:1
SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend2
(2) and (3) as follows:3
42-4-1503. Operating motorcycles and autocycles on roadways4
laned for traffic. (2) The operator of a motorcycle
OR AUTOCYCLE shall5
not overtake or pass in the same lane occupied by the vehicle being6
overtaken.7
(3) No
A person shall NOT operate a motorcycle OR AUTOCYCLE8
between lanes of traffic or between adjacent lines or
ROWS of vehicles.9
SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4)10
introductory portion and (4)(a) as follows:11
10-4-635. Medical payments coverage - exceptions -12
definitions. (4) This section shall
DOES not apply to:13
(a) A person obtaining an automobile liability or motor vehicle14
policy insuring against loss resulting from the ownership, maintenance,15
or use of a motorcycle,
AUTOCYCLE, low-power scooter, or toy vehicle,16
as defined in section 42-1-102; C.R.S.,
a snowmobile, as defined in17
section 33-14-101; C.R.S., or any vehicle designed primarily for use off18
the road or on rails;19
SECTION 7. In Colorado Revised Statutes, 42-3-116, amend20
(6)(b)(II) as follows:21
42-3-116. Manufacturers or dealers - fees - rules - definition22
- penalty. (6) (b) (II) The
DEPARTMENT SHALL ESTABLISH AND23
ANNUALLY ADJUST THE annual fee for full-use dealer plates shall be
24
established and adjusted annually by the department based on the average25
of specific ownership taxes and registration fees paid for passenger26
vehicles and light-duty trucks that are seven model years old or newer and27
1043
-6- that were registered during the one-year period preceding January 1 of1
each year. Such THE DEPARTMENT SHALL PRORATE THE annual fee shall2
be prorated on a monthly basis. The DEPARTMENT SHALL ESTABLISH AND3
ANNUALLY ADJUST THE annual fee for full-use dealer plates for4
motorcycles shall be established and adjusted annually by the department5
AND AUTOCYCLES based on the average of specific ownership taxes and6
registration fees paid for motorcycles
AND AUTOCYCLES that are seven7
model years old or newer and that were registered during the one-year8
period preceding January 1 of each year. Such
THE DEPARTMENT SHALL9
PRORATE THE annual fee for motorcycles shall be prorated AND10
AUTOCYCLES on a monthly basis.11
SECTION 8. In Colorado Revised Statutes, 42-3-201, amend12
(1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) and (1)(a)(IV) as13
follows:14
42-3-201. Number plates furnished - style - periodic reissuance15
- tabs - rules. (1) (a) (I) The department shall issue to every owner16
whose vehicle is registered two number plates; except that the department17
shall issue one number plate for the following:18
(D) A vehicle drawn by a motor vehicle; or19
(E) An item of special mobile machinery;
OR20
(G) A
N AUTOCYCLE.21
(IV) THE DEPARTMENT SHALL ISSUE AN AUTOCYCLE A22
MOTORCYCLE LICENSE PLATE .23
SECTION 9. In Colorado Revised Statutes, 42-3-202, amend24
(1)(a) as follows:25
42-3-202. Number plates furnished to be attached - penalty.26
(1) (a) (I) E
XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS27
1043
-7- SECTION, the owner shall attach the number plates assigned to a1
self-propelled vehicle other than a motorcycle or street rod vehicle, to the2
vehicle with one in the front and the other in the rear. 3
(II) The owner shall attach the number plate assigned to
ANY OF4
THE FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE :5
(A) A motorcycle;6
(B) A
N AUTOCYCLE;7
(C) A street rod vehicle;8
(D) A trailer, semitrailer,
OR other vehicle drawn by a motor9
vehicle; or 10
(E) Special mobile machinery. to the rear of the vehicle.
11
(III) The owner shall display number plates during the current12
registration year, except as otherwise provided in this article 3.13
SECTION 10. In Colorado Revised Statutes, 42-3-304, amend14
(5) and (6)(a) as follows:15
42-3-304. Registration fees - passenger-mile taxes - clean16
screen fund - pilot program - report - rules - definitions. (5) In lieu of17
registering each vehicle separately, a dealer in motorcycles
OR18
AUTOCYCLES shall pay to the department an annual registration fee of19
twenty-five dollars for the first license plate issued pursuant to section20
42-3-116 (1), a fee of seven dollars and fifty cents for each additional21
license plate so
issued up to and including five such plates, and a fee of22
ten dollars for each license plate so issued in excess of five.23
(6) In lieu of registering each vehicle separately:24
(a) A dealer in motor vehicles, trailers, and semitrailers, except25
dealers in motorcycles
OR AUTOCYCLES, shall pay to the department an26
annual fee of thirty dollars for the first license plate issued pursuant to27
1043
-8- section 42-3-116 (1), and a fee of seven dollars and fifty cents for each1
additional license plate so issued up to and including five, and a fee of ten2
dollars for each license plate so issued in excess of five; and3
SECTION 11. In Colorado Revised Statutes, 42-3-306, amend4
(2) introductory portion and (2)(a) as follows:5
42-3-306. Registration fees - passenger and passenger-mile6
taxes - fee schedule. (2) Fees for the annual registration of7
passenger-carrying motor vehicles shall be ARE as follows:8
(a) Motorcycles
AND AUTOCYCLES, three dollars;9
SECTION 12. In Colorado Revised Statutes, 42-3-310, amend10
(4) as follows:11
42-3-310. Additional registration fees - apportionment of fees.12
(4) Two dollars and fifty cents of each annual vehicle registration fee13
imposed by sections 42-3-304 to 42-3-306, exclusive of the annual14
registration fees prescribed for motorcycles,
AUTOCYCLES, trailer coaches,15
special mobile machinery, and trailers having an empty weight of two16
thousand pounds or less and exclusive of a registration fee paid for a17
fractional part of a year, shall not be transmitted to the department but18
shall be paid over by the authorized agent, as collected, to the county19
treasurer, who shall credit the same to an account entitled "apportioned20
vehicle registration fees". On the tenth day of each month, the county21
treasurer shall apportion the balance in the account existing on the last22
day of the immediately preceding month between the county and the cities23
and incorporated towns located within the boundaries of the county on the24
basis of the record of rural and urban registrations that indicates the place25
of residence of each vehicle owner.26
SECTION 13. In Colorado Revised Statutes, 42-4-205, amend27
1043
-9- (1) and (2) as follows:1
42-4-205. Head lamps on motor vehicles - penalty. (1) Every2
motor vehicle, other than a motorcycle
OR AUTOCYCLE, shall be equipped3
with at least two head lamps, with at least one on each side of the front of4
the motor vehicle. which
THE head lamps shall comply with the5
requirements and limitations set forth in sections 42-4-202 and 42-4-2046
to 42-4-231 and part 3 of this article ARTICLE 4 where applicable.7
(2) Every motorcycle
OR AUTOCYCLE shall be equipped with at8
least one and not more than two head lamps that shall
comply with the9
requirements and limitations of sections 42-4-202 and 42-4-204 to10
42-4-231 and part 3 of this article ARTICLE 4 where applicable.11
SECTION 14. In Colorado Revised Statutes, 42-4-206, amend12
(5) as follows:13
42-4-206. Tail lamps and reflectors - penalty. (5) Every new14
motor vehicle sold
ON AND AFTER JANUARY 1, 1958, and operated on and
15
after January 1, 1958, upon a highway shall carry on the rear, whether as16
a part of the tail lamps or separately, two red reflectors; except that every17
motorcycle
OR AUTOCYCLE shall carry at least one reflector meeting the18
requirements of this section, and vehicles of the type mentioned in section19
42-4-207 shall be equipped with reflectors as required in those sections
20
applicable thereto THIS PART 2.21
SECTION 15. In Colorado Revised Statutes, 42-4-208, amend22
(2) and (3) as follows:23
42-4-208. Stop lamps and turn signals - penalty. (2) No A24
person shall
NOT sell or offer for sale or operate on the highways any25
motor vehicle registered in this state and manufactured or assembled after26
January 1, 1958, unless it is equipped with at least two stop lamps27
1043
-10- meeting the requirements of section 42-4-215 (1); except that a1
motorcycle
OR AUTOCYCLE manufactured or assembled after said date
2
shall JANUARY 1, 1958, MUST be equipped with at least one stop lamp3
meeting the requirements of section 42-4-215 (1).4
(3) No A person shall NOT sell or offer for sale or operate on the5
highways any motor vehicle, trailer, or semitrailer registered in this state6
and manufactured or assembled after January 1, 1958, and no A person7
shall
NOT operate any motor vehicle, trailer, or semitrailer on the8
highways when the distance from the center of the top of the steering post9
to the left outside limit of the body, cab, or load of such
THE motor10
vehicle exceeds twenty-four inches, unless it is equipped with electrical11
turn signals meeting the requirements of section 42-4-215 (2). This12
subsection (3) shall DOES not apply to any motorcycle, AUTOCYCLE, or13
low-power scooter.14
SECTION 16. In Colorado Revised Statutes, 42-4-216, amend15
(1) introductory portion and (2) as follows:16
42-4-216. Multiple-beam road lights - penalty. (1) Except as17
provided in this article ARTICLE 4, the head lamps or the auxiliary driving18
lamp or the auxiliary passing lamp or combination thereof OF LAMPS on19
motor vehicles, other than motorcycles,
AUTOCYCLES, or low-power20
scooters, shall be so
arranged SO that the driver may select at will between21
distributions of light projected to different elevations, and such THE lamps22
may, in addition, be so arranged SO that such THE selection can be made23
automatically, subject to the following limitations:24
(2) A new motor vehicle, other than a motorcycle,
AUTOCYCLE, or25
low-power scooter, that has multiple-beam road-lighting equipment shall26
be equipped with a beam indicator, which shall be lighted whenever the27
1043
-11- uppermost distribution of light from the head lamps is in use and shall not1
otherwise be lighted. Said THE indicator shall be so designed and located2
SO that when lighted it will be readily visible without glare to the driver3
of the vehicle so equipped.4
SECTION 17. In Colorado Revised Statutes, 42-4-223, amend5
(1)(a) and (1)(b) as follows:6
42-4-223. Brakes - penalty. (1) Brake equipment required:7
(a) Every motor vehicle, other than a motorcycle
OR AUTOCYCLE,8
when operated upon a highway shall be equipped with brakes adequate9
to control the movement of and to stop and hold such
THE vehicle,10
including two separate means of applying the brakes, each of which11
means shall be effective to apply the brakes to at least two wheels. If12
these two separate means of applying the brakes are connected in any13
way, they shall be so constructed SO that failure of any one part of the14
operating mechanism shall DOES not leave the motor vehicle without15
brakes on at least two wheels.16
(b) Every motorcycle,
AUTOCYCLE, and low-power scooter, when17
operated upon a highway, shall be equipped with at least one brake,18
which may be operated by hand or foot.19
SECTION 18. In Colorado Revised Statutes, 42-4-236, amend20
(1)(a.8) as follows:21
42-4-236. Child restraint systems required - definitions -22
exemptions. (1) As used in this section, unless the context otherwise23
requires:24
(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a25
van, minivan, or sport utility vehicle with a gross vehicle weight rating of26
less than ten thousand pounds. "Motor vehicle" does not include27
1043
-12- motorcycles, that are not autocycles, low-power scooters, motorscooters,1
motorbicycles, motorized bicycles, and farm tractors and implements of2
husbandry designed primarily or exclusively for use in agricultural3
operations.4
SECTION 19. In Colorado Revised Statutes, 42-4-237, amend5
(1)(b) as follows:6
42-4-237. Safety belt systems - mandatory use - exemptions -7
penalty - definitions. (1) As used in this section:8
(b) "Safety belt system" means a system utilizing a lap belt, a9
shoulder belt, or any other belt or combination of belts installed in a10
motor vehicle or an autocycle to restrain drivers and passengers, which11
system conforms to federal motor vehicle safety standards.12
SECTION 20. In Colorado Revised Statutes, amend 42-4-503 as13
follows:14
42-4-503. Projecting loads on passenger vehicles - penalty.15
Except with regard to the operation of a motorcycle,
AUTOCYCLE, bicycle,16
electrical assisted bicycle, or electric scooter, a person shall not operate17
a passenger-type vehicle on any highway with any load carried on the18
vehicle extending beyond the line of the fenders on the left side of the19
vehicle nor extending more than six inches beyond the line of the fenders20
on the right side of the vehicle. A person who violates this section21
commits a class B traffic infraction.22
SECTION 21. In Colorado Revised Statutes, 42-4-612, amend23
(1)(a) as follows:24
42-4-612. When signals are inoperative or malfunctioning -25
penalty. (1) (a) When a driver approaches an intersection and faces a26
traffic control signal that is inoperative, that remains on steady red or27
1043
-13- steady yellow during several time cycles, or that does not recognize a1
motorcycle
OR AUTOCYCLE that is operated by the driver, the provisions2
controlling entrance to a through street or highway from a stop sign or3
highway, as provided under section 42-4-703, apply until a police officer4
assumes control of traffic or until the traffic control signal resumes5
normal operation.6
SECTION 22. In Colorado Revised Statutes, 42-4-1012, amend7
(2) as follows:8
42-4-1012. High occupancy vehicle (HOV) and high occupancy9
toll (HOT) lanes - penalty. (2) A motorcycle
OR AUTOCYCLE may be10
operated upon high occupancy vehicle lanes pursuant to section 163 of11
Public Law 97-424
THE "HIGHWAY IMPROVEMENT ACT OF 1982", PUB.L.12
97-424,
AS AMENDED, or upon high occupancy toll lanes, unless13
prohibited by official traffic control devices.14
SECTION 23. In Colorado Revised Statutes, 42-4-1204, amend15
(8) as follows:16
42-4-1204. Stopping, standing, or parking prohibited in17
specified places - penalty. (8) A political subdivision may
SHALL not18
adopt or enforce an ordinance or regulation that prohibits the parking of19
more than one motorcycle
OR AUTOCYCLE within a space served by a20
single parking meter.21
SECTION 24. In Colorado Revised Statutes, 42-4-1402.5,22
amend (1)(f)(XV) and (1)(f)(XVI); and add (1)(f)(XVII) as follows:23
42-4-1402.5. Vulnerable road user - prohibition - violations24
and penalties - definition. (1) Definition. As used in this section, unless25
the context otherwise requires, "vulnerable road user" means:26
(f) A person lawfully using any of the following on a public27
1043
-14- right-of-way, crosswalk, or shoulder of the roadway:1
(XV) A baby stroller; or2
(XVI) A nonmotorized pull wagon;
OR3
(XVII) A
N AUTOCYCLE.4
SECTION 25. In Colorado Revised Statutes, amend 42-4-15015
as follows:6
42-4-1501. Traffic laws apply to persons operating7
motorcycles and autocycles - special permits. (1) Every person8
operating a motorcycle
OR AUTOCYCLE shall be granted all of the rights9
and shall be
IS subject to all of the duties applicable to the driver of any10
other vehicle under this article ARTICLE 4, except as to special regulations11
in this article ARTICLE 4 and except as to those provisions of this article12
which ARTICLE 4 THAT by their nature can have no application ARE NOT13
APPLICABLE.14
(2) For the purposes of a prearranged, organized special event and15
upon a showing that safety will be reasonably maintained, the department16
of transportation may grant a special permit exempting the operation of17
a motorcycle
OR AUTOCYCLE from any requirement of this part 15. 18
SECTION 26. In Colorado Revised Statutes, amend 42-4-150419
as follows:20
42-4-1504. Clinging to other vehicles - penalty. No
A person21
riding upon a motorcycle
OR AUTOCYCLE shall NOT attach himself,22
herself, or the motorcycle
OR AUTOCYCLE to any other vehicle on a23
roadway. Any person who violates any provision of
this section commits24
a class A traffic infraction.25
SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend26
(4)(e)(III) as follows:27
1043
-15- 42-4-1701. Traffic offenses and infractions classified -1
penalties - penalty and surcharge schedule - repeal. (4) (e) (III) An2
additional twenty dollars is assessed for a violation of a traffic regulation3
pursuant to subsection (4)(a)(I)(C) of this section for a violation of4
section 42-4-109 (13)(b), in addition to the penalties stated in subsection5
(4)(a)(I)(C) of this section. An additional twenty dollars must be assessed6
for a motorcycle
OR AUTOCYCLE violation pursuant to subsection7
(4)(a)(I)(O) of this section for a violation of section 42-4-1502 (4.5), in8
addition to the penalties stated in subsection (4)(a)(I)(O) of this section.9
Money collected pursuant to this subsection (4)(e)(III) must be10
transmitted to the state treasurer, who shall deposit the money in the11
Colorado brain injury trust fund created pursuant to section 26-1-309, to12
be used for the purposes set forth in part 3 of article 1 of title 26.13
SECTION 28. In Colorado Revised Statutes, 42-9-102, amend14
the introductory portion and (2) as follows:15
42-9-102. Definitions. As used in this article
ARTICLE 9, unless16
the context otherwise requires:17
(2) (a) "Motor vehicle" means every self-propelled vehicle18
intended primarily for use and operation on the public highways.19
(b) The term does not include:20
(I) Trucks and truck tractors having a gross vehicle weight of21
more than eight thousand five hundred pounds; nor does it include22
(II) Farm tractors and other machines and tools used in the23
production, harvesting, and care of farm products; nor does it include OR24
(III) Motorcycles
OR AUTOCYCLES.25
SECTION 29. In Colorado Revised Statutes, 43-4-804, amend26
(1)(a)(I)(A) as follows:27
1043
-16- 43-4-804. Highway safety projects - surcharges and fees -1
crediting of money to highway users tax fund - definition. (1) On and2
after July 1, 2009, the following surcharges, fees, and fines shall be3
collected and credited to the highway users tax fund created in section4
43-4-201 (1)(a) and allocated to the state highway fund, counties, and5
municipalities as specified in section 43-4-205 (6.3):6
(a) (I) A road safety surcharge, which, except as otherwise7
provided in subsections (1)(a)(III) and (1)(a)(VI) of this section, is8
imposed for any registration period that commences on or after July 1,9
2009, upon the registration of any vehicle for which a registration fee10
must be paid pursuant to part 3 of article 3 of title 42 and is also imposed11
upon any item of special mobile machinery that is covered by a12
registration exempt certificate issued by the department of revenue in13
accordance with section 42-3-107 (16)(g). Except as otherwise provided14
in subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the15
amount of the surcharge is:16
(A) Sixteen dollars for a motorcycle, as defined in section17
42-1-102 (55);
AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or18
any vehicle that weighs two thousand pounds or less;19
SECTION 30. In Colorado Revised Statutes, 44-20-108, amend20
(1)(b) as follows:21
44-20-108. Classes of licenses. (1) The following classes of22
licenses are issued under this part 1:23
(b) Used motor vehicle dealer's license, shall permit
WHICH24
PERMITS the licensee to engage in the business of selling, exchanging,25
leasing, or offering used motor vehicles only. The license shall also26
permit PERMITS a licensee to negotiate for a consumer the sale, exchange,27
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except those vehicles defined in section 42-1-102 (55) (7.5) AND (55) as2
AUTOCYCLES OR motorcycles and section 33-14.5-101 (3) as off-highway3
vehicles; however, prior to completion of the sale, exchange, or lease of4
a motor vehicle not owned by the licensee, the licensee shall disclose in5
writing to the consumer whether the licensee will receive any6
compensation from the consumer and whether the licensee will receive7
any compensation from the owner of the motor vehicle as a result of the8
transaction. If the licensee receives compensation from the owner of the9
motor vehicle as a result of the transaction, the licensee shall include in10
the written disclosure the name of the owner from whom the licensee will11
receive compensation. This form of license shall permit PERMITS not more12
than two persons named therein IN THE LICENSE, who shall be owners or13
part owners of the business of the licensee, to act as motor vehicle14
salespersons.15
SECTION 31. In Colorado Revised Statutes, 44-20-124, amend16
(1)(x)(II) as follows:17
44-20-124. Unlawful acts. (1) It is unlawful and a violation of18
this part 1 for any manufacturer, distributor, or manufacturer19
representative:20
(x) To require, coerce, or attempt to coerce a motor vehicle dealer21
to substantially alter a facility or premises if:22
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (1)(x)(II)(B) OF THIS23
SECTION, the motor vehicle dealer: Sells only motorcycles, AUTOCYCLES,24
MOTORCYCLES AND AUTOCYCLES , or motorcycles, AUTOCYCLES, and25
powersports vehicles; the facility or premises has been altered within the26
last ten years at a cost of more than twenty-five thousand dollars; and the27
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manufacturer representative. except that2
(B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply3
to improvements made to comply with health or safety laws; to4
improvements made to accommodate the technology requirements5
necessary to sell or service a line-make; to technological improvements6
related to electric, automated, compressed natural gas, and fuel-cell7
motorcycles and powersports vehicles; or to improvements made to install8
or upgrade electric vehicle charging equipment.9
SECTION 32. Appropriation. For the 2022-23 state fiscal year,10
$15,976 is appropriated to the department of revenue for use by the11
division of motor vehicles. This appropriation is from the general fund.12
To implement this act, the department may use this appropriation for13
DRIVES maintenance and support.14
SECTION 33. Act subject to petition - effective date -15
applicability. (1) This act takes effect at 12:01 a.m. on the day following16
the expiration of the ninety-day period after final adjournment of the17
general assembly; except that, if a referendum petition is filed pursuant18
to section 1 (3) of article V of the state constitution against this act or an19
item, section, or part of this act within such period, then the act, item,20
section, or part will not take effect unless approved by the people at the21
general election to be held in November 2022 and, in such case, will take22
effect on the date of the official declaration of the vote thereon by the23
governor.24
(2) This act applies to offenses committed on or after the25
applicable effective date of this act.26
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