HOUSE BILL 22-1043
BY REPRESENTATIVE(S) Pico, Gray, Titone, Valdez D.;
also SENATOR(S) Hisey and Ginal, Bridges, Cooke, Gardner, Holbert,
Liston, Simpson, Smallwood.
C
ONCERNING MOTOR VEHICLES THAT OPERATE ON THE ROADWAY WITH
FEWER THAN FOUR WHEELS IN CONTACT WITH THE ROADWAY
, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-1-102, amend (7.5),
(55), and (58) as follows:
42-1-102. Definitions. As used in articles 1 to 4 of this title 42,
unless the context otherwise requires:
(7.5) (a) "Autocycle" means a three-wheeled motorcycle that does
not use handlebars or any other device that is directly connected to a single
front wheel to steer and MOTOR VEHICLE in which the driver and each
passenger ride in a fully or partly enclosed seating area that is equipped with
safety belts for all occupants that constitute a safety belt system, as defined
in section 42-4-237 (1)(b). For purposes of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) AS USED IN this subsection (7.5), "partly enclosed seating area"
means a seating area that is entirely or partly surrounded on the sides by the
frame or body of a vehicle but is not fully enclosed.
(55) (a) "Motorcycle" means an autocycle or
a motor vehicle that:
(I) Uses handlebars or any other device connected to the front wheel
OR WHEELS to steer;
(II) H
AS A SEAT THE RIDER SITS ASTRIDE; and
(III) that
Is designed to travel on not more than three wheels in
contact with the ground.
(b) except that the term "MOTORCYCLE" does not include a farm
tractor, low-speed electric vehicle, or low-power scooter.
(58) "Motor vehicle" means any self-propelled vehicle that is
designed primarily for travel on the public highways and that is generally
and commonly used to transport persons and property over the public
highways, or
a low-speed electric vehicle, OR AN AUTOCYCLE; except that
the term does not include electrical assisted bicycles, electric scooters,
low-power scooters, wheelchairs, or vehicles moved solely by human
power. For the purposes of the offenses described in sections 42-2-128,
42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway
vehicles, as defined in section 33-14.5-101 (3), operated on streets and
highways, "motor vehicle" includes a farm tractor or an off-highway vehicle
that is not otherwise classified as a motor vehicle. For the purposes of
sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301,
and 42-4-1301.1, "motor vehicle" includes a low-power scooter.
SECTION 2. In Colorado Revised Statutes, 42-2-103, amend
(1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows:
42-2-103. Motorcycles - autocycles - low-power scooters -
driver's license required. (1) (b) The department shall require an
applicant for a general motorcycle endorsement to demonstrate the
applicant's ability to exercise ordinary and reasonable care and control in the
operation of a motorcycle. that is not an autocycle.
The department shall
PAGE 2-HOUSE BILL 22-1043 also require an applicant for a limited three-wheel motorcycle endorsement
to demonstrate the applicant's ability to exercise ordinary and reasonable
care and control in the operation of a three-wheel motorcycle. that is not an
autocycle.
(d) Except as provided in subsection (1)(e) of this section, a person
with only a limited three-wheel motorcycle endorsement may drive a
three-wheel motorcycle that is not an autocycle
but shall not drive a
two-wheel motorcycle on a roadway.
(e) A
DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S
LICENSE OR MINOR DRIVER
'S LICENSE. The driver of a motorcycle
AN
AUTOCYCLE
need not obtain a two- or three-wheel motorcycle endorsement.
if the motorcycle is an autocycle or if the motorcycle has:
(I) Three wheels;
(II) A maximum design speed of twenty-five miles per hour or less;
(III) A windshield; and
(IV) Seat belts.
(2.5) An operator of an autocycle shall possess a valid driver's
license or minor driver's license.
SECTION 3. In Colorado Revised Statutes, 42-4-232, amend (1)(a)
and (1)(b) introductory portion as follows:
42-4-232. Minimum safety standards for motorcycles,
autocycles, and low-power scooters. (1) (a) Except as provided in
paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION, a
person shall not drive a motorcycle,
AUTOCYCLE, or low-power scooter on
a public highway unless the person and any passenger thereon
IN OR ON THE
MOTORCYCLE
, AUTOCYCLE, OR LOW-POWER SCOOTER is wearing goggles or
eyeglasses with lenses made of safety glass or plastic; except that this
subsection (1) does not apply to a person wearing a helmet containing eye
protection made of safety glass or plastic.
(b) A person driving or riding a motorcycle
AN AUTOCYCLE need not
PAGE 3-HOUSE BILL 22-1043 wear eye protection if the motorcycle AUTOCYCLE has:
SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend (1),
(4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c) introductory
portion as follows:
42-4-1502. Motorcycles and autocycles - protective helmet. (1) A
person operating
DRIVING a motorcycle OR AUTOCYCLE shall ride only upon
the permanent and regular seat attached thereto, and such operator TO THE
MOTORCYCLE OR AUTOCYCLE
. THE DRIVER OF A MOTORCYCLE OR AN
AUTOCYCLE
shall not carry any other person, nor shall any other
AND
ANOTHER
person SHALL NOT ride on a motorcycle OR AUTOCYCLE, unless
such motorcycle
THE MOTORCYCLE OR AUTOCYCLE is designed to carry
more than one person. In which event IF A MOTORCYCLE OR AUTOCYCLE IS
DESIGNED TO CARRY MORE THAN ONE PERSON
, a passenger may ride upon
the permanent seat if
THE PERMANENT SEAT IS designed for two persons or
upon another seat firmly attached to the motorcycle
OR AUTOCYCLE at the
rear or side of the operator.
(4) No operator
A DRIVER shall NOT carry any person, nor shall any
AND ANOTHER person SHALL NOT ride, in a position that will interfere with
the operation or control of the motorcycle
OR AUTOCYCLE or the view of the
operator.
(4.5) (a) Except as provided in paragraph (c) of this subsection (4.5)SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or ride as a
passenger on a motorcycle,
AUTOCYCLE, or low-power scooter on a roadway
unless:
(III) The protective helmet is secured properly on the person's head
with a chin strap while the motorcycle,
AUTOCYCLE, OR LOW-POWER
SCOOTER
is in motion.
(c) A person driving or riding a motorcycle
AN AUTOCYCLE need not
wear a helmet if the motorcycle AUTOCYCLE has:
SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend (2)
and (3) as follows:
42-4-1503. Operating motorcycles and autocycles on roadways
PAGE 4-HOUSE BILL 22-1043 laned for traffic. (2) The operator of a motorcycle OR AUTOCYCLE shall
not overtake or pass in the same lane occupied by the vehicle being
overtaken.
(3) No
A person shall NOT operate a motorcycle OR AUTOCYCLE
between lanes of traffic or between adjacent lines or ROWS of vehicles.
SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4)
introductory portion and (4)(a) as follows:
10-4-635. Medical payments coverage - exceptions - definitions.
(4) This section shall DOES not apply to:
(a) A person obtaining an automobile liability or motor vehicle
policy insuring against loss resulting from the ownership, maintenance, or
use of a motorcycle,
AUTOCYCLE, low-power scooter, or toy vehicle, as
defined in section 42-1-102; C.R.S.,
a snowmobile, as defined in section
33-14-101; C.R.S., or any vehicle designed primarily for use off the road or
on rails;
SECTION 7. In Colorado Revised Statutes, 42-3-116, amend
(6)(b)(II) as follows:
42-3-116. Manufacturers or dealers - fees - rules - definition -
penalty. (6) (b) (II) The
DEPARTMENT SHALL ESTABLISH AND ANNUALLY
ADJUST THE
annual fee for full-use dealer plates shall be established and
adjusted annually by the department based on the average of specific
ownership taxes and registration fees paid for passenger vehicles and
light-duty trucks that are seven model years old or newer and that were
registered during the one-year period preceding January 1 of each year.
Such
THE DEPARTMENT SHALL PRORATE THE annual fee shall be prorated on
a monthly basis. The
DEPARTMENT SHALL ESTABLISH AND ANNUALLY
ADJUST THE
annual fee for full-use dealer plates for motorcycles shall be
established and adjusted annually by the department AND AUTOCYCLES
based on the average of specific ownership taxes and registration fees paid
for motorcycles
AND AUTOCYCLES that are seven model years old or newer
and that were registered during the one-year period preceding January 1 of
each year. Such
THE DEPARTMENT SHALL PRORATE THE annual fee for
motorcycles shall be prorated AND AUTOCYCLES on a monthly basis.
PAGE 5-HOUSE BILL 22-1043 SECTION 8. In Colorado Revised Statutes, 42-3-201, amend
(1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) and (1)(a)(IV) as follows:
42-3-201. Number plates furnished - style - periodic reissuance
- tabs - rules. (1) (a) (I) The department shall issue to every owner whose
vehicle is registered two number plates; except that the department shall
issue one number plate for the following:
(D) A vehicle drawn by a motor vehicle; or
(E) An item of special mobile machinery; OR
(G) AN AUTOCYCLE.
(IV) T
HE DEPARTMENT SHALL ISSUE AN AUTOCYCLE A MOTORCYCLE
LICENSE PLATE
.
SECTION 9. In Colorado Revised Statutes, 42-3-202, amend (1)(a)
as follows:
42-3-202. Number plates furnished to be attached - penalty.
(1) (a) (I) E
XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS SECTION,
the owner shall attach the number plates assigned to a self-propelled vehicle
other than a motorcycle or street rod vehicle,
to the vehicle with one in the
front and the other in the rear.
(II) The owner shall attach the number plate assigned to
ANY OF THE
FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE
:
(A) A motorcycle;
(B) A
N AUTOCYCLE;
(C) A street rod vehicle;
(D) A trailer, semitrailer,
OR other vehicle drawn by a motor vehicle;
or
(E) Special mobile machinery. to the rear of the vehicle.
PAGE 6-HOUSE BILL 22-1043 (III) The owner shall display number plates during the current
registration year, except as otherwise provided in this article 3.
SECTION 10. In Colorado Revised Statutes, 42-3-304, amend (5)
and (6)(a) as follows:
42-3-304. Registration fees - passenger-mile taxes - clean screen
fund - pilot program - report - rules - definitions. (5) In lieu of
registering each vehicle separately, a dealer in motorcycles
OR AUTOCYCLES
shall pay to the department an annual registration fee of twenty-five dollars
for the first license plate issued pursuant to section 42-3-116 (1), a fee of
seven dollars and fifty cents for each additional license plate so
issued up
to and including five such plates, and a fee of ten dollars for each license
plate so issued in excess of five.
(6) In lieu of registering each vehicle separately:
(a) A dealer in motor vehicles, trailers, and semitrailers, except
dealers in motorcycles
OR AUTOCYCLES, shall pay to the department an
annual fee of thirty dollars for the first license plate issued pursuant to
section 42-3-116 (1), and a fee of seven dollars and fifty cents for each
additional license plate so
issued up to and including five, and a fee of ten
dollars for each license plate so issued in excess of five; and
SECTION 11. In Colorado Revised Statutes, 42-3-306, amend (2)
introductory portion and (2)(a) as follows:
42-3-306. Registration fees - passenger and passenger-mile taxes
- fee schedule. (2) Fees for the annual registration of passenger-carrying
motor vehicles shall be ARE as follows:
(a) Motorcycles
AND AUTOCYCLES, three dollars;
SECTION 12. In Colorado Revised Statutes, 42-3-310, amend (4)
as follows:
42-3-310. Additional registration fees - apportionment of fees.
(4) Two dollars and fifty cents of each annual vehicle registration fee
imposed by sections 42-3-304 to 42-3-306, exclusive of the annual
registration fees prescribed for motorcycles,
AUTOCYCLES, trailer coaches,
PAGE 7-HOUSE BILL 22-1043 special mobile machinery, and trailers having an empty weight of two
thousand pounds or less and exclusive of a registration fee paid for a
fractional part of a year, shall not be transmitted to the department but shall
be paid over by the authorized agent, as collected, to the county treasurer,
who shall credit the same to an account entitled "apportioned vehicle
registration fees". On the tenth day of each month, the county treasurer shall
apportion the balance in the account existing on the last day of the
immediately preceding month between the county and the cities and
incorporated towns located within the boundaries of the county on the basis
of the record of rural and urban registrations that indicates the place of
residence of each vehicle owner.
SECTION 13. In Colorado Revised Statutes, 42-4-205, amend (1)
and (2) as follows:
42-4-205. Head lamps on motor vehicles - penalty. (1) Every
motor vehicle, other than a motorcycle
OR AUTOCYCLE, shall be equipped
with at least two head lamps, with at least one on each side of the front of
the motor vehicle. which
THE head lamps shall comply with the
requirements and limitations set forth in sections 42-4-202 and 42-4-204 to
42-4-231 and part 3 of this article
ARTICLE 4 where applicable.
(2) Every motorcycle
OR AUTOCYCLE shall be equipped with at least
one and not more than two head lamps that shall
comply with the
requirements and limitations of sections 42-4-202 and 42-4-204 to 42-4-231
and part 3 of this article ARTICLE 4 where applicable.
SECTION 14. In Colorado Revised Statutes, 42-4-206, amend (5)
as follows:
42-4-206. Tail lamps and reflectors - penalty. (5) Every new
motor vehicle sold
ON AND AFTER JANUARY 1, 1958, and operated on and
after January 1, 1958, upon a highway shall carry on the rear, whether as a
part of the tail lamps or separately, two red reflectors; except that every
motorcycle
OR AUTOCYCLE shall carry at least one reflector meeting the
requirements of this section, and vehicles of the type mentioned in section
42-4-207 shall be equipped with reflectors as required in those sections
applicable thereto THIS PART 2.
SECTION 15. In Colorado Revised Statutes, 42-4-208, amend (2)
PAGE 8-HOUSE BILL 22-1043 and (3) as follows:
42-4-208. Stop lamps and turn signals - penalty. (2) No A person
shall
NOT sell or offer for sale or operate on the highways any motor vehicle
registered in this state and manufactured or assembled after January 1,
1958, unless it is equipped with at least two stop lamps meeting the
requirements of section 42-4-215 (1); except that a motorcycle
OR
AUTOCYCLE
manufactured or assembled after said date shall
JANUARY 1,
1958,
MUST be equipped with at least one stop lamp meeting the
requirements of section 42-4-215 (1).
(3) No
A person shall NOT sell or offer for sale or operate on the
highways any motor vehicle, trailer, or semitrailer registered in this state
and manufactured or assembled after January 1, 1958, and no
A person shall
NOT operate any motor vehicle, trailer, or semitrailer on the highways when
the distance from the center of the top of the steering post to the left outside
limit of the body, cab, or load of such
THE motor vehicle exceeds
twenty-four inches, unless it is equipped with electrical turn signals meeting
the requirements of section 42-4-215 (2). This subsection (3) shall
DOES not
apply to any motorcycle,
AUTOCYCLE, or low-power scooter.
SECTION 16. In Colorado Revised Statutes, 42-4-216, amend (1)
introductory portion and (2) as follows:
42-4-216. Multiple-beam road lights - penalty. (1) Except as
provided in this article
ARTICLE 4, the head lamps or the auxiliary driving
lamp or the auxiliary passing lamp or combination thereof OF LAMPS on
motor vehicles, other than motorcycles,
AUTOCYCLES, or low-power
scooters, shall be so
arranged SO that the driver may select at will between
distributions of light projected to different elevations, and such THE lamps
may, in addition, be so arranged SO that such THE selection can be made
automatically, subject to the following limitations:
(2) A new motor vehicle, other than a motorcycle,
AUTOCYCLE, or
low-power scooter, that has multiple-beam road-lighting equipment shall be
equipped with a beam indicator, which shall be lighted whenever the
uppermost distribution of light from the head lamps is in use and shall not
otherwise be lighted. Said
THE indicator shall be so designed and located
SO that when lighted it will be readily visible without glare to the driver of
the vehicle so equipped.
PAGE 9-HOUSE BILL 22-1043 SECTION 17. In Colorado Revised Statutes, 42-4-223, amend
(1)(a) and (1)(b) as follows:
42-4-223. Brakes - penalty. (1) Brake equipment required:
(a) Every motor vehicle, other than a motorcycle
OR AUTOCYCLE,
when operated upon a highway shall be equipped with brakes adequate to
control the movement of and to stop and hold such
THE vehicle, including
two separate means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two wheels. If these two separate
means of applying the brakes are connected in any way, they shall be so
constructed SO that failure of any one part of the operating mechanism shall
DOES not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle,
AUTOCYCLE, and low-power scooter, when
operated upon a highway, shall be equipped with at least one brake, which
may be operated by hand or foot.
SECTION 18. In Colorado Revised Statutes, 42-4-236, amend
(1)(a.8) as follows:
42-4-236. Child restraint systems required - definitions -
exemptions. (1) As used in this section, unless the context otherwise
requires:
(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a
van, minivan, or sport utility vehicle with a gross vehicle weight rating of
less than ten thousand pounds. "Motor vehicle" does not include
motorcycles, that are not autocycles,
low-power scooters, motorscooters,
motorbicycles, motorized bicycles, and farm tractors and implements of
husbandry designed primarily or exclusively for use in agricultural
operations.
SECTION 19. In Colorado Revised Statutes, 42-4-237, amend
(1)(b) as follows:
42-4-237. Safety belt systems - mandatory use - exemptions -
penalty - definitions. (1) As used in this section:
(b) "Safety belt system" means a system utilizing a lap belt, a
PAGE 10-HOUSE BILL 22-1043 shoulder belt, or any other belt or combination of belts installed in a motor
vehicle or an autocycle to restrain drivers and passengers, which system
conforms to federal motor vehicle safety standards.
SECTION 20. In Colorado Revised Statutes, amend 42-4-503 as
follows:
42-4-503. Projecting loads on passenger vehicles - penalty.
Except with regard to the operation of a motorcycle,
AUTOCYCLE, bicycle,
electrical assisted bicycle, or electric scooter, a person shall not operate a
passenger-type vehicle on any highway with any load carried on the vehicle
extending beyond the line of the fenders on the left side of the vehicle nor
extending more than six inches beyond the line of the fenders on the right
side of the vehicle. A person who violates this section commits a class B
traffic infraction.
SECTION 21. In Colorado Revised Statutes, 42-4-612, amend
(1)(a) as follows:
42-4-612. When signals are inoperative or malfunctioning -
penalty. (1) (a) When a driver approaches an intersection and faces a
traffic control signal that is inoperative, that remains on steady red or steady
yellow during several time cycles, or that does not recognize a motorcycle
OR AUTOCYCLE that is operated by the driver, the provisions controlling
entrance to a through street or highway from a stop sign or highway, as
provided under section 42-4-703, apply until a police officer assumes
control of traffic or until the traffic control signal resumes normal operation.
SECTION 22. In Colorado Revised Statutes, 42-4-1012, amend (2)
as follows:
42-4-1012. High occupancy vehicle (HOV) and high occupancy
toll (HOT) lanes - penalty. (2) A motorcycle
OR AUTOCYCLE may be
operated upon high occupancy vehicle lanes pursuant to section 163 of
Public Law 97-424
THE "HIGHWAY IMPROVEMENT ACT OF 1982", PUB.L.
97-424,
AS AMENDED, or upon high occupancy toll lanes, unless prohibited
by official traffic control devices.
SECTION 23. In Colorado Revised Statutes, 42-4-1204, amend (8)
as follows:
PAGE 11-HOUSE BILL 22-1043 42-4-1204. Stopping, standing, or parking prohibited in specified
places - penalty. (8) A political subdivision may SHALL not adopt or
enforce an ordinance or regulation that prohibits the parking of more than
one motorcycle
OR AUTOCYCLE within a space served by a single parking
meter.
SECTION 24. In Colorado Revised Statutes, 42-4-1402.5, amend
(1)(f)(XV) and (1)(f)(XVI); and add (1)(f)(XVII) as follows:
42-4-1402.5. Vulnerable road user - prohibition - violations and
penalties - definition. (1) Definition. As used in this section, unless the
context otherwise requires, "vulnerable road user" means:
(f) A person lawfully using any of the following on a public
right-of-way, crosswalk, or shoulder of the roadway:
(XV) A baby stroller; or
(XVI) A nonmotorized pull wagon; OR
(XVII) AN AUTOCYCLE.
SECTION 25. In Colorado Revised Statutes, amend 42-4-1501 as
follows:
42-4-1501. Traffic laws apply to persons operating motorcycles
and autocycles - special permits. (1) Every person operating a motorcycle
OR AUTOCYCLE shall be granted all of the rights and shall be
IS subject to all
of the duties applicable to the driver of any other vehicle under this article
ARTICLE 4, except as to special regulations in this article ARTICLE 4 and
except as to those provisions of this article which ARTICLE 4 THAT by their
nature can have no application ARE NOT APPLICABLE.
(2) For the purposes of a prearranged, organized special event and
upon a showing that safety will be reasonably maintained, the department
of transportation may grant a special permit exempting the operation of a
motorcycle
OR AUTOCYCLE from any requirement of this part 15.
SECTION 26. In Colorado Revised Statutes, amend 42-4-1504 as
follows:
PAGE 12-HOUSE BILL 22-1043 42-4-1504. Clinging to other vehicles - penalty. No A person
riding upon a motorcycle
OR AUTOCYCLE shall NOT attach himself, herself,
or the motorcycle
OR AUTOCYCLE to any other vehicle on a roadway. Any
person who violates any provision of
this section commits a class A traffic
infraction.
SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend
(4)(e)(III) as follows:
42-4-1701. Traffic offenses and infractions classified - penalties
- penalty and surcharge schedule - repeal. (4) (e) (III) An additional
twenty dollars is assessed for a violation of a traffic regulation pursuant to
subsection (4)(a)(I)(C) of this section for a violation of section 42-4-109
(13)(b), in addition to the penalties stated in subsection (4)(a)(I)(C) of this
section. An additional twenty dollars must be assessed for a motorcycle
OR
AUTOCYCLE
violation pursuant to subsection (4)(a)(I)(O) of this section for
a violation of section 42-4-1502 (4.5), in addition to the penalties stated in
subsection (4)(a)(I)(O) of this section. Money collected pursuant to this
subsection (4)(e)(III) must be transmitted to the state treasurer, who shall
deposit the money in the Colorado brain injury trust fund created pursuant
to section 26-1-309, to be used for the purposes set forth in part 3 of article
1 of title 26.
SECTION 28. In Colorado Revised Statutes, 42-6-102, amend (10)
introductory portion as follows:
42-6-102. Definitions. As used in this part 1, unless the context
otherwise requires:
(10) "Motor vehicle" means any self-propelled vehicle that is
designed primarily for travel on the public highways and is generally and
commonly used to transport persons and property over the public highways,
including
AUTOCYCLES, trailers, semitrailers, and trailer coaches, without
motive power. "Motor vehicle" does not include the following:
SECTION 29. In Colorado Revised Statutes, 42-9-102, amend the
introductory portion and (2) as follows:
42-9-102. Definitions. As used in this article
ARTICLE 9, unless the
context otherwise requires:
PAGE 13-HOUSE BILL 22-1043 (2) (a) "Motor vehicle" means every self-propelled vehicle intended
primarily for use and operation on the public highways.
(b) The term does not include:
(I) Trucks and truck tractors having a gross vehicle weight of more
than eight thousand five hundred pounds; nor does it include
(II) Farm tractors and other machines and tools used in the
production, harvesting, and care of farm products; nor does it include OR
(III) Motorcycles OR AUTOCYCLES.
SECTION 30. In Colorado Revised Statutes, 43-4-804, amend
(1)(a)(I)(A) as follows:
43-4-804. Highway safety projects - surcharges and fees -
crediting of money to highway users tax fund - definition. (1) On and
after July 1, 2009, the following surcharges, fees, and fines shall be
collected and credited to the highway users tax fund created in section
43-4-201 (1)(a) and allocated to the state highway fund, counties, and
municipalities as specified in section 43-4-205 (6.3):
(a) (I) A road safety surcharge, which, except as otherwise provided
in subsections (1)(a)(III) and (1)(a)(VI) of this section, is imposed for any
registration period that commences on or after July 1, 2009, upon the
registration of any vehicle for which a registration fee must be paid
pursuant to part 3 of article 3 of title 42 and is also imposed upon any item
of special mobile machinery that is covered by a registration exempt
certificate issued by the department of revenue in accordance with section
42-3-107 (16)(g). Except as otherwise provided in subsections (1)(a)(IV),
(1)(a)(V), and (1)(a)(VIII) of this section, the amount of the surcharge is:
(A) Sixteen dollars for a motorcycle, as defined in section 42-1-102
(55);
AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or any vehicle
that weighs two thousand pounds or less;
SECTION 31. In Colorado Revised Statutes, 44-20-108, amend
(1)(b) as follows:
PAGE 14-HOUSE BILL 22-1043 44-20-108. Classes of licenses. (1) The following classes of
licenses are issued under this part 1:
(b) Used motor vehicle dealer's license, shall permit WHICH PERMITS
the licensee to engage in the business of selling, exchanging, leasing, or
offering used motor vehicles only. The license shall also permit PERMITS a
licensee to negotiate for a consumer the sale, exchange, or lease of used and
new motor vehicles not owned by the licensee, except those vehicles
defined in section 42-1-102 (55)
(7.5) AND (55) as AUTOCYCLES OR
motorcycles and section 33-14.5-101 (3) as off-highway vehicles; however, prior to completion of the sale, exchange, or lease of a motor vehicle not owned by the licensee, the licensee shall disclose in writing to the consumer whether the licensee will receive any compensation from the consumer and whether the licensee will receive any compensation from the owner of the motor vehicle as a result of the transaction. If the licensee receives compensation from the owner of the motor vehicle as a result of the transaction, the licensee shall include in the written disclosure the name of the owner from whom the licensee will receive compensation. This form of license shall permit
PERMITS not more than two persons named therein IN
THE LICENSE
, who shall be owners or part owners of the business of the
licensee, to act as motor vehicle salespersons.
SECTION 32. In Colorado Revised Statutes, 44-20-124, amend
(1)(x)(II) as follows:
44-20-124. Unlawful acts. (1) It is unlawful and a violation of this
part 1 for any manufacturer, distributor, or manufacturer representative:
(x) To require, coerce, or attempt to coerce a motor vehicle dealer
to substantially alter a facility or premises if:
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (1)(x)(II)(B) OF THIS
SECTION
, the motor vehicle dealer: Sells only motorcycles, AUTOCYCLES,
MOTORCYCLES AND AUTOCYCLES , or motorcycles, AUTOCYCLES, and
powersports vehicles; the facility or premises has been altered within the
last ten years at a cost of more than twenty-five thousand dollars; and the
alteration was required and approved by the manufacturer, distributor, or
manufacturer representative. except that
(B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply to
PAGE 15-HOUSE BILL 22-1043 improvements made to comply with health or safety laws; to improvements
made to accommodate the technology requirements necessary to sell or
service a line-make; to technological improvements related to electric,
automated, compressed natural gas, and fuel-cell motorcycles and
powersports vehicles; or to improvements made to install or upgrade
electric vehicle charging equipment.
SECTION 33. Appropriation. For the 2022-23 state fiscal year,
$15,976 is appropriated to the department of revenue for use by the division
of motor vehicles. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for DRIVES
maintenance and support.
SECTION 34. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2023; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2022 and, in such case, will
take effect January 1, 2023, or on the date of the official declaration of the
vote thereon by the governor, whichever is later.
PAGE 16-HOUSE BILL 22-1043 (2) This act applies to offenses committed on or after the applicable
effective date of this act.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-HOUSE BILL 22-1043