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. 22-0534.01 Jery Payne x2157 HOUSE BILL 22-1043 House Committees Senate Committees Transportation & Local Government Transportation & Energy Appropriations 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 SENATE Amended 2nd Reading April 4, 2022 HOUSE 3rd Reading Unamended February 22, 2022 HOUSE Amended 2nd Reading February 18, 2022 HOUSE SPONSORSHIP Pico, Gray, Titone, Valdez D. SENATE SPONSORSHIP Hisey and Ginal, 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), (55), and (58) 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 that does6 not use handlebars or any other device that is directly connected to a7 single front wheel to steer and MOTOR VEHICLE in which the driver and8 1043-2- each passenger ride in a fully or partly enclosed seating area that is1 equipped with safety belts for all occupants that constitute a safety belt2 system, as defined in section 42-4-237 (1)(b). For purposes of3 (b) A S USED IN this subsection (7.5), "partly enclosed seating area"4 means a seating area that is entirely or partly surrounded on the sides by5 the frame or body of a vehicle but is not fully enclosed.6 (55) (a) "Motorcycle" means an autocycle or a motor vehicle that: 7 (I) Uses handlebars or any other device connected to the front8 wheel OR WHEELS to steer;9 (II) H AS A SEAT THE RIDER SITS ASTRIDE; and10 (III) that Is designed to travel on not more than three wheels in11 contact with the ground. 12 (b) except that the term "MOTORCYCLE" does not include a farm13 tractor, low-speed electric vehicle, or low-power scooter.14 (58) "Motor vehicle" means any self-propelled vehicle that is15 designed primarily for travel on the public highways and that is generally16 and commonly used to transport persons and property over the public17 highways, or a low-speed electric vehicle, OR AN AUTOCYCLE; except that18 the term does not include electrical assisted bicycles, electric scooters,19 low-power scooters, wheelchairs, or vehicles moved solely by human20 power. For the purposes of the offenses described in sections 42-2-128,21 42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway22 vehicles, as defined in section 33-14.5-101 (3), operated on streets and23 highways, "motor vehicle" includes a farm tractor or an off-highway24 vehicle that is not otherwise classified as a motor vehicle. For the25 purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206,26 42-4-1301, and 42-4-1301.1, "motor vehicle" includes a low-power27 1043 -3- scooter.1 SECTION 2. In Colorado Revised Statutes, 42-2-103, amend2 (1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows: 3 42-2-103. Motorcycles - autocycles - low-power scooters -4 driver's license required. (1) (b) The department shall require an5 applicant for a general motorcycle endorsement to demonstrate the6 applicant's ability to exercise ordinary and reasonable care and control in7 the operation of a motorcycle. that is not an autocycle. The department8 shall also require an applicant for a limited three-wheel motorcycle9 endorsement to demonstrate the applicant's ability to exercise ordinary10 and reasonable care and control in the operation of a three-wheel11 motorcycle. that is not an autocycle.12 (d) Except as provided in subsection (1)(e) of this section, a13 person with only a limited three-wheel motorcycle endorsement may14 drive a three-wheel motorcycle that is not an autocycle but shall not drive15 a two-wheel motorcycle on a roadway.16 (e) A DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S17 LICENSE OR MINOR DRIVER'S LICENSE. The driver of a motorcycle AN18 AUTOCYCLE need not obtain a two- or three-wheel motorcycle19 endorsement. if the motorcycle is an autocycle or if the motorcycle has: 20 (I) Three wheels;21 (II) A maximum design speed of twenty-five miles per hour or22 less;23 (III) A windshield; and24 (IV) Seat belts.25 (2.5) An operator of an autocycle shall possess a valid driver's26 license or minor driver's license.27 1043 -4- SECTION 3. In Colorado Revised Statutes, 42-4-232, amend1 (1)(a) and (1)(b) introductory portion as follows:2 42-4-232. Minimum safety standards for motorcycles,3 autocycles, and low-power scooters. (1) (a) Except as provided in4 paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION,5 a person shall not drive a motorcycle, AUTOCYCLE, or low-power scooter6 on a public highway unless the person and any passenger thereon IN OR7 ON THE MOTORCYCLE, AUTOCYCLE, OR LOW-POWER SCOOTER is wearing8 goggles or eyeglasses with lenses made of safety glass or plastic; except9 that this subsection (1) does not apply to a person wearing a helmet10 containing eye protection made of safety glass or plastic.11 (b) A person driving or riding a motorcycle AN AUTOCYCLE need12 not wear eye protection if the motorcycle AUTOCYCLE has:13 SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend14 (1), (4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c)15 introductory portion as follows:16 42-4-1502. Motorcycles and autocycles - protective helmet.17 (1) A person operating DRIVING a motorcycle OR AUTOCYCLE shall ride18 only upon the permanent and regular seat attached thereto, and such19 operator TO THE MOTORCYCLE OR AUTOCYCLE . THE DRIVER OF A20 MOTORCYCLE OR AN AUTOCYCLE shall not carry any other person, nor21 shall any other AND ANOTHER person SHALL NOT ride on a motorcycle OR22 AUTOCYCLE, unless such motorcycle THE MOTORCYCLE OR AUTOCYCLE23 is designed to carry more than one person. In which event IF A24 MOTORCYCLE OR AUTOCYCLE IS DESIGNED TO CARRY MORE THAN ONE25 PERSON, a passenger may ride upon the permanent seat if THE PERMANENT26 SEAT IS designed for two persons or upon another seat firmly attached to27 1043 -5- the motorcycle OR AUTOCYCLE at the rear or side of the operator.1 (4) No operator A DRIVER shall NOT carry any person, nor shall2 any AND ANOTHER person SHALL NOT ride, in a position that will interfere3 with the operation or control of the motorcycle OR AUTOCYCLE or the4 view of the operator.5 (4.5) (a) Except as provided in paragraph (c) of this subsection 6 (4.5) SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or7 ride as a passenger on a motorcycle, AUTOCYCLE, or low-power scooter8 on a roadway unless:9 (III) The protective helmet is secured properly on the person's head10 with a chin strap while the motorcycle, AUTOCYCLE, OR LOW-POWER11 SCOOTER is in motion.12 (c) A person driving or riding a motorcycle AN AUTOCYCLE need13 not wear a helmet if the motorcycle AUTOCYCLE has:14 SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend15 (2) and (3) as follows:16 42-4-1503. Operating motorcycles and autocycles on roadways17 laned for traffic. (2) The operator of a motorcycle OR AUTOCYCLE shall18 not overtake or pass in the same lane occupied by the vehicle being19 overtaken.20 (3) No A person shall NOT operate a motorcycle OR AUTOCYCLE21 between lanes of traffic or between adjacent lines or ROWS of vehicles.22 SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4)23 introductory portion and (4)(a) as follows:24 10-4-635. Medical payments coverage - exceptions -25 definitions. (4) This section shall DOES not apply to:26 (a) A person obtaining an automobile liability or motor vehicle27 1043 -6- policy insuring against loss resulting from the ownership, maintenance,1 or use of a motorcycle, AUTOCYCLE, low-power scooter, or toy vehicle,2 as defined in section 42-1-102; C.R.S., a snowmobile, as defined in3 section 33-14-101; C.R.S., or any vehicle designed primarily for use off4 the road or on rails;5 SECTION 7. In Colorado Revised Statutes, 42-3-116, amend6 (6)(b)(II) as follows:7 42-3-116. Manufacturers or dealers - fees - rules - definition8 - penalty. (6) (b) (II) The DEPARTMENT SHALL ESTABLISH AND9 ANNUALLY ADJUST THE annual fee for full-use dealer plates shall be 10 established and adjusted annually by the department based on the average11 of specific ownership taxes and registration fees paid for passenger12 vehicles and light-duty trucks that are seven model years old or newer and13 that were registered during the one-year period preceding January 1 of14 each year. Such THE DEPARTMENT SHALL PRORATE THE annual fee shall15 be prorated on a monthly basis. The DEPARTMENT SHALL ESTABLISH AND16 ANNUALLY ADJUST THE annual fee for full-use dealer plates for17 motorcycles shall be established and adjusted annually by the department18 AND AUTOCYCLES based on the average of specific ownership taxes and19 registration fees paid for motorcycles AND AUTOCYCLES that are seven20 model years old or newer and that were registered during the one-year21 period preceding January 1 of each year. Such THE DEPARTMENT SHALL22 PRORATE THE annual fee for motorcycles shall be prorated AND23 AUTOCYCLES on a monthly basis.24 SECTION 8. In Colorado Revised Statutes, 42-3-201, amend25 (1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) and (1)(a)(IV) as26 follows:27 1043 -7- 42-3-201. Number plates furnished - style - periodic reissuance1 - tabs - rules. (1) (a) (I) The department shall issue to every owner2 whose vehicle is registered two number plates; except that the department3 shall issue one number plate for the following:4 (D) A vehicle drawn by a motor vehicle; or5 (E) An item of special mobile machinery; OR6 (G) A N AUTOCYCLE.7 (IV) THE DEPARTMENT SHALL ISSUE AN AUTOCYCLE A8 MOTORCYCLE LICENSE PLATE .9 SECTION 9. In Colorado Revised Statutes, 42-3-202, amend10 (1)(a) as follows:11 42-3-202. Number plates furnished to be attached - penalty.12 (1) (a) (I) E XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS13 SECTION, the owner shall attach the number plates assigned to a14 self-propelled vehicle other than a motorcycle or street rod vehicle, to the15 vehicle with one in the front and the other in the rear. 16 (II) The owner shall attach the number plate assigned to ANY OF17 THE FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE :18 (A) A motorcycle;19 (B) A N AUTOCYCLE;20 (C) A street rod vehicle;21 (D) A trailer, semitrailer, OR other vehicle drawn by a motor22 vehicle; or 23 (E) Special mobile machinery. to the rear of the vehicle. 24 (III) The owner shall display number plates during the current25 registration year, except as otherwise provided in this article 3.26 SECTION 10. In Colorado Revised Statutes, 42-3-304, amend27 1043 -8- (5) and (6)(a) as follows:1 42-3-304. Registration fees - passenger-mile taxes - clean2 screen fund - pilot program - report - rules - definitions. (5) In lieu of3 registering each vehicle separately, a dealer in motorcycles OR4 AUTOCYCLES shall pay to the department an annual registration fee of5 twenty-five dollars for the first license plate issued pursuant to section6 42-3-116 (1), a fee of seven dollars and fifty cents for each additional7 license plate so issued up to and including five such plates, and a fee of8 ten dollars for each license plate so issued in excess of five.9 (6) In lieu of registering each vehicle separately:10 (a) A dealer in motor vehicles, trailers, and semitrailers, except11 dealers in motorcycles OR AUTOCYCLES, shall pay to the department an12 annual fee of thirty dollars for the first license plate issued pursuant to13 section 42-3-116 (1), and a fee of seven dollars and fifty cents for each14 additional license plate so issued up to and including five, and a fee of ten15 dollars for each license plate so issued in excess of five; and16 SECTION 11. In Colorado Revised Statutes, 42-3-306, amend17 (2) introductory portion and (2)(a) as follows:18 42-3-306. Registration fees - passenger and passenger-mile19 taxes - fee schedule. (2) Fees for the annual registration of20 passenger-carrying motor vehicles shall be ARE as follows:21 (a) Motorcycles AND AUTOCYCLES, three dollars;22 SECTION 12. In Colorado Revised Statutes, 42-3-310, amend23 (4) as follows:24 42-3-310. Additional registration fees - apportionment of fees.25 (4) Two dollars and fifty cents of each annual vehicle registration fee26 imposed by sections 42-3-304 to 42-3-306, exclusive of the annual27 1043 -9- registration fees prescribed for motorcycles, AUTOCYCLES, trailer coaches,1 special mobile machinery, and trailers having an empty weight of two2 thousand pounds or less and exclusive of a registration fee paid for a3 fractional part of a year, shall not be transmitted to the department but4 shall be paid over by the authorized agent, as collected, to the county5 treasurer, who shall credit the same to an account entitled "apportioned6 vehicle registration fees". On the tenth day of each month, the county7 treasurer shall apportion the balance in the account existing on the last8 day of the immediately preceding month between the county and the cities9 and incorporated towns located within the boundaries of the county on the10 basis of the record of rural and urban registrations that indicates the place11 of residence of each vehicle owner.12 SECTION 13. In Colorado Revised Statutes, 42-4-205, amend13 (1) and (2) as follows:14 42-4-205. Head lamps on motor vehicles - penalty. (1) Every15 motor vehicle, other than a motorcycle OR AUTOCYCLE, shall be equipped16 with at least two head lamps, with at least one on each side of the front of17 the motor vehicle. which THE head lamps shall comply with the18 requirements and limitations set forth in sections 42-4-202 and 42-4-20419 to 42-4-231 and part 3 of this article ARTICLE 4 where applicable.20 (2) Every motorcycle OR AUTOCYCLE shall be equipped with at21 least one and not more than two head lamps that shall comply with the22 requirements and limitations of sections 42-4-202 and 42-4-204 to23 42-4-231 and part 3 of this article ARTICLE 4 where applicable.24 SECTION 14. In Colorado Revised Statutes, 42-4-206, amend25 (5) as follows:26 42-4-206. Tail lamps and reflectors - penalty. (5) Every new27 1043 -10- motor vehicle sold ON AND AFTER JANUARY 1, 1958, and operated on and1 after January 1, 1958, upon a highway shall carry on the rear, whether as2 a part of the tail lamps or separately, two red reflectors; except that every3 motorcycle OR AUTOCYCLE shall carry at least one reflector meeting the4 requirements of this section, and vehicles of the type mentioned in section5 42-4-207 shall be equipped with reflectors as required in those sections 6 applicable thereto THIS PART 2.7 SECTION 15. In Colorado Revised Statutes, 42-4-208, amend8 (2) and (3) as follows:9 42-4-208. Stop lamps and turn signals - penalty. (2) No A10 person shall NOT sell or offer for sale or operate on the highways any11 motor vehicle registered in this state and manufactured or assembled after12 January 1, 1958, unless it is equipped with at least two stop lamps13 meeting the requirements of section 42-4-215 (1); except that a14 motorcycle OR AUTOCYCLE manufactured or assembled after said date 15 shall JANUARY 1, 1958, MUST be equipped with at least one stop lamp16 meeting the requirements of section 42-4-215 (1).17 (3) No A person shall NOT sell or offer for sale or operate on the18 highways any motor vehicle, trailer, or semitrailer registered in this state19 and manufactured or assembled after January 1, 1958, and no A person20 shall NOT operate any motor vehicle, trailer, or semitrailer on the21 highways when the distance from the center of the top of the steering post22 to the left outside limit of the body, cab, or load of such THE motor23 vehicle exceeds twenty-four inches, unless it is equipped with electrical24 turn signals meeting the requirements of section 42-4-215 (2). This25 subsection (3) shall DOES not apply to any motorcycle, AUTOCYCLE, or26 low-power scooter.27 1043 -11- SECTION 16. In Colorado Revised Statutes, 42-4-216, amend1 (1) introductory portion and (2) as follows:2 42-4-216. Multiple-beam road lights - penalty. (1) Except as3 provided in this article ARTICLE 4, the head lamps or the auxiliary driving4 lamp or the auxiliary passing lamp or combination thereof OF LAMPS on5 motor vehicles, other than motorcycles, AUTOCYCLES, or low-power6 scooters, shall be so arranged SO that the driver may select at will between7 distributions of light projected to different elevations, and such THE lamps8 may, in addition, be so arranged SO that such THE selection can be made9 automatically, subject to the following limitations:10 (2) A new motor vehicle, other than a motorcycle, AUTOCYCLE, or11 low-power scooter, that has multiple-beam road-lighting equipment shall12 be equipped with a beam indicator, which shall be lighted whenever the13 uppermost distribution of light from the head lamps is in use and shall not14 otherwise be lighted. Said THE indicator shall be so designed and located15 SO that when lighted it will be readily visible without glare to the driver16 of the vehicle so equipped.17 SECTION 17. In Colorado Revised Statutes, 42-4-223, amend18 (1)(a) and (1)(b) as follows:19 42-4-223. Brakes - penalty. (1) Brake equipment required:20 (a) Every motor vehicle, other than a motorcycle OR AUTOCYCLE,21 when operated upon a highway shall be equipped with brakes adequate22 to control the movement of and to stop and hold such THE vehicle,23 including two separate means of applying the brakes, each of which24 means shall be effective to apply the brakes to at least two wheels. If25 these two separate means of applying the brakes are connected in any26 way, they shall be so constructed SO that failure of any one part of the27 1043 -12- operating mechanism shall DOES not leave the motor vehicle without1 brakes on at least two wheels.2 (b) Every motorcycle, AUTOCYCLE, and low-power scooter, when3 operated upon a highway, shall be equipped with at least one brake,4 which may be operated by hand or foot.5 SECTION 18. In Colorado Revised Statutes, 42-4-236, amend6 (1)(a.8) as follows:7 42-4-236. Child restraint systems required - definitions -8 exemptions. (1) As used in this section, unless the context otherwise9 requires:10 (a.8) "Motor vehicle" means a passenger car; a pickup truck; or a11 van, minivan, or sport utility vehicle with a gross vehicle weight rating of12 less than ten thousand pounds. "Motor vehicle" does not include13 motorcycles, that are not autocycles, low-power scooters, motorscooters,14 motorbicycles, motorized bicycles, and farm tractors and implements of15 husbandry designed primarily or exclusively for use in agricultural16 operations.17 SECTION 19. In Colorado Revised Statutes, 42-4-237, amend18 (1)(b) as follows:19 42-4-237. Safety belt systems - mandatory use - exemptions -20 penalty - definitions. (1) As used in this section:21 (b) "Safety belt system" means a system utilizing a lap belt, a22 shoulder belt, or any other belt or combination of belts installed in a23 motor vehicle or an autocycle to restrain drivers and passengers, which24 system conforms to federal motor vehicle safety standards.25 SECTION 20. In Colorado Revised Statutes, amend 42-4-503 as26 follows:27 1043 -13- 42-4-503. Projecting loads on passenger vehicles - penalty.1 Except with regard to the operation of a motorcycle, AUTOCYCLE, bicycle,2 electrical assisted bicycle, or electric scooter, a person shall not operate3 a passenger-type vehicle on any highway with any load carried on the4 vehicle extending beyond the line of the fenders on the left side of the5 vehicle nor extending more than six inches beyond the line of the fenders6 on the right side of the vehicle. A person who violates this section7 commits a class B traffic infraction.8 SECTION 21. In Colorado Revised Statutes, 42-4-612, amend9 (1)(a) as follows:10 42-4-612. When signals are inoperative or malfunctioning -11 penalty. (1) (a) When a driver approaches an intersection and faces a12 traffic control signal that is inoperative, that remains on steady red or13 steady yellow during several time cycles, or that does not recognize a14 motorcycle OR AUTOCYCLE that is operated by the driver, the provisions15 controlling entrance to a through street or highway from a stop sign or16 highway, as provided under section 42-4-703, apply until a police officer17 assumes control of traffic or until the traffic control signal resumes18 normal operation.19 SECTION 22. In Colorado Revised Statutes, 42-4-1012, amend20 (2) as follows:21 42-4-1012. High occupancy vehicle (HOV) and high occupancy22 toll (HOT) lanes - penalty. (2) A motorcycle OR AUTOCYCLE may be23 operated upon high occupancy vehicle lanes pursuant to section 163 of24 Public Law 97-424 THE "HIGHWAY IMPROVEMENT ACT OF 1982", PUB.L.25 97-424, AS AMENDED, or upon high occupancy toll lanes, unless26 prohibited by official traffic control devices.27 1043 -14- SECTION 23. In Colorado Revised Statutes, 42-4-1204, amend1 (8) as follows:2 42-4-1204. Stopping, standing, or parking prohibited in3 specified places - penalty. (8) A political subdivision may SHALL not4 adopt or enforce an ordinance or regulation that prohibits the parking of5 more than one motorcycle OR AUTOCYCLE within a space served by a6 single parking meter.7 SECTION 24. In Colorado Revised Statutes, 42-4-1402.5,8 amend (1)(f)(XV) and (1)(f)(XVI); and add (1)(f)(XVII) as follows:9 42-4-1402.5. Vulnerable road user - prohibition - violations10 and penalties - definition. (1) Definition. As used in this section, unless11 the context otherwise requires, "vulnerable road user" means:12 (f) A person lawfully using any of the following on a public13 right-of-way, crosswalk, or shoulder of the roadway:14 (XV) A baby stroller; or 15 (XVI) A nonmotorized pull wagon; OR16 (XVII) A N AUTOCYCLE.17 SECTION 25. In Colorado Revised Statutes, amend 42-4-150118 as follows:19 42-4-1501. Traffic laws apply to persons operating20 motorcycles and autocycles - special permits. (1) Every person21 operating a motorcycle OR AUTOCYCLE shall be granted all of the rights22 and shall be IS subject to all of the duties applicable to the driver of any23 other vehicle under this article ARTICLE 4, except as to special regulations24 in this article ARTICLE 4 and except as to those provisions of this article25 which ARTICLE 4 THAT by their nature can have no application ARE NOT26 APPLICABLE.27 1043 -15- (2) For the purposes of a prearranged, organized special event and1 upon a showing that safety will be reasonably maintained, the department2 of transportation may grant a special permit exempting the operation of3 a motorcycle OR AUTOCYCLE from any requirement of this part 15. 4 SECTION 26. In Colorado Revised Statutes, amend 42-4-15045 as follows:6 42-4-1504. Clinging to other vehicles - penalty. No A person7 riding upon a motorcycle OR AUTOCYCLE shall NOT attach himself,8 herself, or the motorcycle OR AUTOCYCLE to any other vehicle on a9 roadway. Any person who violates any provision of this section commits10 a class A traffic infraction.11 SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend12 (4)(e)(III) as follows:13 42-4-1701. Traffic offenses and infractions classified -14 penalties - penalty and surcharge schedule - repeal. (4) (e) (III) An15 additional twenty dollars is assessed for a violation of a traffic regulation16 pursuant to subsection (4)(a)(I)(C) of this section for a violation of17 section 42-4-109 (13)(b), in addition to the penalties stated in subsection18 (4)(a)(I)(C) of this section. An additional twenty dollars must be assessed19 for a motorcycle OR AUTOCYCLE violation pursuant to subsection20 (4)(a)(I)(O) of this section for a violation of section 42-4-1502 (4.5), in21 addition to the penalties stated in subsection (4)(a)(I)(O) of this section.22 Money collected pursuant to this subsection (4)(e)(III) must be23 transmitted to the state treasurer, who shall deposit the money in the24 Colorado brain injury trust fund created pursuant to section 26-1-309, to25 be used for the purposes set forth in part 3 of article 1 of title 26.26 SECTION 28. In Colorado Revised Statutes, 42-6-102, amend 27 1043 -16- (10) introductory portion as follows:1 42-6-102. Definitions. As used in this part 1, unless the context2 otherwise requires:3 (10) "Motor vehicle" means any self-propelled vehicle that is4 designed primarily for travel on the public highways and is generally and5 commonly used to transport persons and property over the public6 highways, including AUTOCYCLES, trailers, semitrailers, and trailer 7 coaches, without motive power. "Motor vehicle" does not include the8 following:9 SECTION 29. In Colorado Revised Statutes, 42-9-102, amend10 the introductory portion and (2) as follows:11 42-9-102. Definitions. As used in this article ARTICLE 9, unless12 the context otherwise requires:13 (2) (a) "Motor vehicle" means every self-propelled vehicle14 intended primarily for use and operation on the public highways.15 (b) The term does not include:16 (I) Trucks and truck tractors having a gross vehicle weight of17 more than eight thousand five hundred pounds; nor does it include18 (II) Farm tractors and other machines and tools used in the19 production, harvesting, and care of farm products; nor does it include OR20 (III) Motorcycles OR AUTOCYCLES.21 SECTION 30. In Colorado Revised Statutes, 43-4-804, amend22 (1)(a)(I)(A) as follows:23 43-4-804. Highway safety projects - surcharges and fees -24 crediting of money to highway users tax fund - definition. (1) On and25 after July 1, 2009, the following surcharges, fees, and fines shall be26 collected and credited to the highway users tax fund created in section27 1043 -17- 43-4-201 (1)(a) and allocated to the state highway fund, counties, and1 municipalities as specified in section 43-4-205 (6.3):2 (a) (I) A road safety surcharge, which, except as otherwise3 provided in subsections (1)(a)(III) and (1)(a)(VI) of this section, is4 imposed for any registration period that commences on or after July 1,5 2009, upon the registration of any vehicle for which a registration fee6 must be paid pursuant to part 3 of article 3 of title 42 and is also imposed7 upon any item of special mobile machinery that is covered by a8 registration exempt certificate issued by the department of revenue in9 accordance with section 42-3-107 (16)(g). Except as otherwise provided10 in subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the11 amount of the surcharge is:12 (A) Sixteen dollars for a motorcycle, as defined in section13 42-1-102 (55); AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or14 any vehicle that weighs two thousand pounds or less;15 SECTION 31. In Colorado Revised Statutes, 44-20-108, amend16 (1)(b) as follows:17 44-20-108. Classes of licenses. (1) The following classes of18 licenses are issued under this part 1:19 (b) Used motor vehicle dealer's license, shall permit WHICH20 PERMITS the licensee to engage in the business of selling, exchanging,21 leasing, or offering used motor vehicles only. The license shall also22 permit PERMITS a licensee to negotiate for a consumer the sale, exchange,23 or lease of used and new motor vehicles not owned by the licensee,24 except those vehicles defined in section 42-1-102 (55) (7.5) AND (55) as25 AUTOCYCLES OR motorcycles and section 33-14.5-101 (3) as off-highway26 vehicles; however, prior to completion of the sale, exchange, or lease of27 1043 -18- a motor vehicle not owned by the licensee, the licensee shall disclose in1 writing to the consumer whether the licensee will receive any2 compensation from the consumer and whether the licensee will receive3 any compensation from the owner of the motor vehicle as a result of the4 transaction. If the licensee receives compensation from the owner of the5 motor vehicle as a result of the transaction, the licensee shall include in6 the written disclosure the name of the owner from whom the licensee will7 receive compensation. This form of license shall permit PERMITS not more8 than two persons named therein IN THE LICENSE, who shall be owners or9 part owners of the business of the licensee, to act as motor vehicle10 salespersons.11 SECTION 32. In Colorado Revised Statutes, 44-20-124, amend12 (1)(x)(II) as follows:13 44-20-124. Unlawful acts. (1) It is unlawful and a violation of14 this part 1 for any manufacturer, distributor, or manufacturer15 representative:16 (x) To require, coerce, or attempt to coerce a motor vehicle dealer17 to substantially alter a facility or premises if:18 (II) (A) E XCEPT AS PROVIDED IN SUBSECTION (1)(x)(II)(B) OF THIS19 SECTION, the motor vehicle dealer: Sells only motorcycles, AUTOCYCLES,20 MOTORCYCLES AND AUTOCYCLES , or motorcycles, AUTOCYCLES, and21 powersports vehicles; the facility or premises has been altered within the22 last ten years at a cost of more than twenty-five thousand dollars; and the23 alteration was required and approved by the manufacturer, distributor, or24 manufacturer representative. except that 25 (B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply26 to improvements made to comply with health or safety laws; to27 1043 -19- improvements made to accommodate the technology requirements1 necessary to sell or service a line-make; to technological improvements2 related to electric, automated, compressed natural gas, and fuel-cell3 motorcycles and powersports vehicles; or to improvements made to install4 or upgrade electric vehicle charging equipment.5 SECTION 33. Appropriation. For the 2022-23 state fiscal year,6 $15,976 is appropriated to the department of revenue for use by the7 division of motor vehicles. This appropriation is from the general fund.8 To implement this act, the department may use this appropriation for9 DRIVES maintenance and support.10 SECTION 34. Act subject to petition - effective date -11 applicability. (1) This act takes effect January 1, 2023; except that, if a12 referendum petition is filed pursuant to section 1 (3) of article V of the13 state constitution against this act or an item, section, or part of this act14 within the ninety-day period after final adjournment of the general15 assembly, then the act, item, section, or part will not take effect unless16 approved by the people at the general election to be held in November17 2022 and, in such case, will take effect January 1, 2023, or on the date of18 the official declaration of the vote thereon by the governor, whichever is19 later.20 (2) This act applies to offenses committed on or after the21 applicable effective date of this act.22 1043 -20-