Colorado 2023 Regular Session

Colorado House Bill HB1014 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0108.01 Yelana Love x2295
18 HOUSE BILL 23-1014
2-BY REPRESENTATIVE(S) Boesenecker, Lindsay, Duran, Jodeh, Lindstedt,
3-Michaelson Jenet, Amabile, English, Froelich;
4-also SENATOR(S) Winter F. and Hinrichsen, Sullivan
5-.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Transportation & Energy
11+A BILL FOR AN ACT
612 C
7-ONCERNING YIELDING TO LARGER VEHICLES IN ROUNDABOUTS .
8-Be it enacted by the General Assembly of the State of Colorado:
9-SECTION 1. In Colorado Revised Statutes, add 42-4-715 as
10-follows:
11-42-4-715. Yielding right-of-way in roundabouts - definitions.
12-(1) A
13-S USED IN THIS SECTION:
14-(a) "L
15-ARGE VEHICLE" MEANS A TRUCK, BUS, EMERGENCY VEHICLE,
16-OR RECREATIONAL VEHICLE THAT GENERALLY HAS A TOTAL LENGTH OF
17-MORE THAN THIRTY
18--FIVE FEET OR A TOTAL WIDTH OF MORE THAN TEN FEET .
19-(b) "R
20-OUNDABOUT" MEANS A CIRCULAR INTERSECTION OR JUNCTION
21-IN WHICH ROAD TRAFFIC FLOWS ALMOST CONTINUOUSLY IN ONE DIRECTION
22-AROUND A CENTRAL ISLAND
23-.
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. (2) (a) WHEN ENTERING, EXITING, OR DRIVING IN THE CIRCULATORY
32-LANES IN A ROUNDABOUT
33-, A PERSON DRIVING A VEHICLE SHALL:
13+ONCERNING YIELDING TO LARG ER VEHICLES IN ROUNDABOUTS .101
14+Bill Summary
15+(Note: This summary applies to this bill as introduced and does
16+not reflect any amendments that may be subsequently adopted. If this bill
17+passes third reading in the house of introduction, a bill summary that
18+applies to the reengrossed version of this bill will be available at
19+http://leg.colorado.gov/
20+.)
21+Transportation Legislation Review Committee. The bill
22+requires a driver to yield the right-of-way to a driver of a vehicle having
23+a total length of at least 40 feet or a total width of at least 10 feet (large
24+vehicle) when driving through a roundabout. The bill also requires that
25+when 2 drivers of large vehicles approach or drive through a roundabout
26+at the same time, the driver on the right must yield the right-of-way to the
27+driver on the left.
28+A person who fails to yield commits a class A traffic infraction and
29+SENATE
30+3rd Reading Unamended
31+February 28, 2023
32+SENATE
33+Amended 2nd Reading
34+February 27, 2023
35+HOUSE
36+3rd Reading Unamended
37+February 7, 2023
38+HOUSE
39+Amended 2nd Reading
40+February 6, 2023
41+HOUSE SPONSORSHIP
42+Boesenecker, Lindsay, Duran, Jodeh, Lindstedt, Michaelson Jenet
43+SENATE SPONSORSHIP
44+Winter F. and Hinrichsen, Sullivan
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. is subject to a fine of $70 and an $11 surcharge.
48+Be it enacted by the General Assembly of the State of Colorado:1
49+SECTION 1. In Colorado Revised Statutes, add 42-4-715 as2
50+follows:3
51+42-4-715. Yielding right-of-way in roundabouts - definitions.4
52+(1) AS USED IN THIS SECTION:5
53+(a) "LARGE VEHICLE" MEANS A TRUCK, BUS, EMERGENCY VEHICLE,6
54+OR RECREATIONAL VEHICLE THAT GENERALLY HAS A TOTAL LENGTH OF7
55+MORE THAN THIRTY-FIVE FEET OR A TOTAL WIDTH OF MORE THAN TEN8
56+FEET.9
57+(b) "ROUNDABOUT" MEANS A CIRCULAR INTERSECTION OR10
58+JUNCTION IN WHICH ROAD TRAFFIC FLOWS ALMOST CONTINUOUSLY IN ONE11
59+DIRECTION AROUND A CENTRAL ISLAND .12
60+(2) (a) W
61+HEN
62+ENTERING, EXITING, OR DRIVING IN THE13
63+CIRCULATORY LANES IN A ROUNDABOUT , A PERSON DRIVING A VEHICLE14
64+SHALL:15
3465 (I) Y
35-IELD THE RIGHT-OF-WAY TO THE DRIVER OF A LARGE VEHICLE
36-THAT IS ENTERING
37-, EXITING, OR DRIVING IN THE CIRCULATORY LANES IN A
38-ROUNDABOUT AT THE SAME TIME OR SO CLOSELY AS TO PRESENT AN
39-IMMEDIATE HAZARD
40-; AND
41-(II) SLOW DOWN OR YIELD TO THE OTHER VEHICLE AS REQUIRED BY
42-SUBSECTION
43- (2)(a)(I) OF THIS SECTION.
66+IELD THE RIGHT-OF-WAY TO THE DRIVER OF A
67+LARGE VEHICLE16
68+THAT IS ENTERING, EXITING, OR DRIVING IN THE CIRCULATORY LANES IN17
69+A ROUNDABOUT AT THE SAME TIME OR SO CLOSELY AS TO PRESENT AN18
70+IMMEDIATE HAZARD; AND19
71+(II) S
72+LOW DOWN OR
73+ YIELD TO THE OTHER VEHICLE AS REQUIRED20
74+BY SUBSECTION (2)(a)(I) OF THIS SECTION.21
4475 (b) T
45-HIS SUBSECTION (2) DOES NOT REQUIRE A PERSON WHO IS
46-ENTERING
47-, EXITING, OR DRIVING IN THE CIRCULATORY LANES IN A
48-ROUNDABOUT TO YIELD THE RIGHT
49--OF-WAY TO THE DRIVER OF A LARGE
50-VEHICLE THAT IS APPROACHING
51-, BUT HAS NOT YET ENTERED , THE
52-ROUNDABOUT
53-.
54-(c) T
55-HIS SUBSECTION (2) DOES NOT REQUIRE A PERSON WHO IS
56-DRIVING A VEHICLE THAT IS ENTERING
57-, EXITING, OR DRIVING IN THE
58-CIRCULATORY LANES IN A ROUNDABOUT TO YIELD THE RIGHT
59--OF-WAY TO A
60-LARGE VEHICLE THAT IS DRIVING BEHIND THE PERSON
61-'S VEHICLE AND ALLOW
62-THE LARGE VEHICLE TO PASS THE PERSON
63-'S VEHICLE.
64-(3) I
65-F TWO VEHICLES THAT ARE LARGE VEHICLES ENTER , EXIT, OR
66-DRIVE IN THE CIRCULATORY LANES IN A ROUNDABOUT AT THE SAME TIME OR
67-SO CLOSELY AS TO PRESENT AN IMMEDIATE HAZARD
68-, THE DRIVER ON THE
69-RIGHT SHALL YIELD THE RIGHT
70--OF-WAY TO THE DRIVER ON THE LEFT AND
71-SHALL SLOW DOWN OR YIELD TO THE DRIVER ON THE LEFT
72-.
76+HIS SUBSECTION (2) DOES NOT REQUIRE A PERSON WHO IS22 ENTERING, EXITING, OR DRIVING IN THE CIRCULATORY LANES IN A23
77+ROUNDABOUT TO YIELD THE RIGHT -OF-WAY TO THE DRIVER OF A LARGE24
78+VEHICLE THAT IS APPROACHING, BUT HAS NOT YET ENTERED , THE25
79+1014-2- ROUNDABOUT.1
80+(c) THIS SUBSECTION (2) DOES NOT REQUIRE A PERSON WHO IS2
81+DRIVING A VEHICLE THAT IS ENTERING, EXITING, OR DRIVING IN THE3
82+CIRCULATORY LANES IN A ROUNDABOUT TO YIELD THE RIGHT-OF-WAY TO4
83+A LARGE VEHICLE THAT IS DRIVING BEHIND THE PERSON 'S VEHICLE AND5
84+ALLOW THE LARGE VEHICLE TO PASS THE PERSON 'S VEHICLE.6
85+(3) IF TWO VEHICLES THAT ARE LARGE VEHICLES ENTER , EXIT, OR7
86+DRIVE IN THE CIRCULATORY LANES IN A ROUNDABOUT AT THE SAME TIME8
87+OR SO CLOSELY AS TO PRESENT AN IMMEDIATE HAZARD , THE DRIVER ON9
88+THE RIGHT SHALL YIELD THE RIGHT-OF-WAY TO THE DRIVER ON THE LEFT10
89+AND SHALL SLOW DOWN OR YIELD TO THE DRIVER ON THE LEFT.11
7390 (4) A
74- PERSON WHO VIOLATES THIS SECTION COMMITS A CLASS A
75-TRAFFIC INFRACTION.
76-SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend
77-(4)(a)(I)(H) as follows:
78-42-4-1701. Traffic offenses and infractions classified - penalties
79-- penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided
80-in subsection (5)(c) of this section, every person who is convicted of, who
81-admits liability for, or against whom a judgment is entered for a violation
82-of this title 42 to which subsection (5)(a) or (5)(b) of this section applies
83-PAGE 2-HOUSE BILL 23-1014 shall be fined or penalized and have a surcharge levied in accordance with
84-sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the
85-penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to
86-(4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the
87-schedule, the penalty for class A and class B traffic infractions is fifteen
88-dollars, and the surcharge is four dollars. These penalties and surcharges
89-apply whether the defendant acknowledges the defendant's guilt or liability
90-in accordance with the procedure set forth by subsection (5)(a) of this
91-section, is found guilty by a court of competent jurisdiction, or has
92-judgment entered against the defendant by a county court magistrate.
93-Penalties and surcharges for violating specific sections are as follows:
94-Section Violated Penalty Surcharge
95-(H) Rights-of-way violations:
96-42-4-701 $ 70.00 $ 10.00
97-42-4-702 70.00 10.00
98-42-4-703 70.00 10.00
99-42-4-704 70.00 10.00
100-42-4-705 70.00 16.00
101-42-4-706 70.00 10.00
102-42-4-707 70.00 10.00
103-42-4-708 35.00 10.00
104-42-4-709 70.00 10.00
105-42-4-710 70.00 10.00
106-42-4-711 100.00 10.00
107-42-4-712 70.00 10.00
108-42-4-714 70.00 10.00
109-42-4-715 70.00 11.00
110-SECTION 3. Act subject to petition - effective date -
111-applicability. (1) This act takes effect October 1, 2023; except that, if a
112-referendum petition is filed pursuant to section 1 (3) of article V of the state
113-constitution against this act or an item, section, or part of this act within the
114-ninety-day period after final adjournment of the general assembly, then the
115-act, item, section, or part will not take effect unless approved by the people
116-at the general election to be held in November 2024 and, in such case, will
117-take effect on the date of the official declaration of the vote thereon by the
118-governor.
119-PAGE 3-HOUSE BILL 23-1014 (2) This act applies to offenses committed on or after the applicable
120-effective date of this act.
121-____________________________ ____________________________
122-Julie McCluskie Steve Fenberg
123-SPEAKER OF THE HOUSE PRESIDENT OF
124-OF REPRESENTATIVES THE SENATE
125-____________________________ ____________________________
126-Robin Jones Cindi L. Markwell
127-CHIEF CLERK OF THE HOUSE SECRETARY OF
128-OF REPRESENTATIVES THE SENATE
129- APPROVED________________________________________
130- (Date and Time)
131- _________________________________________
132- Jared S. Polis
133- GOVERNOR OF THE STATE OF COLORADO
134-PAGE 4-HOUSE BILL 23-1014
91+ PERSON WHO VIOLATES THIS SECTION COMMITS A CLASS A12
92+TRAFFIC INFRACTION.13
93+SECTION 2. In Colorado Revised Statutes, 42-4-1701, amend14
94+(4)(a)(I)(H) as follows:15
95+42-4-1701. Traffic offenses and infractions classified -16
96+penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except17
97+as provided in subsection (5)(c) of this section, every person who is18
98+convicted of, who admits liability for, or against whom a judgment is19
99+entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)20
100+of this section applies shall be fined or penalized and have a surcharge21
101+levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10422
102+(1)(b)(I), in accordance with the penalty and surcharge schedule set forth23
103+in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty24
104+or surcharge is specified in the schedule, the penalty for class A and class25
105+B traffic infractions is fifteen dollars, and the surcharge is four dollars.26
106+These penalties and surcharges apply whether the defendant27
107+1014
108+-3- acknowledges the defendant's guilt or liability in accordance with the1
109+procedure set forth by subsection (5)(a) of this section, is found guilty by2
110+a court of competent jurisdiction, or has judgment entered against the3
111+defendant by a county court magistrate. Penalties and surcharges for4
112+violating specific sections are as follows:5
113+Section Violated Penalty Surcharge6
114+(H) Rights-of-way violations:7
115+42-4-701 $ 70.00 $ 10.008
116+42-4-702 70.00 10.009
117+42-4-703 70.00 10.0010
118+42-4-704 70.00 10.0011
119+42-4-705 70.00 16.0012
120+42-4-706 70.00 10.0013
121+42-4-707 70.00 10.0014
122+42-4-708 35.00 10.0015
123+42-4-709 70.00 10.0016
124+42-4-710 70.00 10.0017
125+42-4-711 100.00 10.0018
126+42-4-712 70.00 10.0019
127+42-4-714 70.00 10.0020
128+42-4-715 70.00 11.0021
129+SECTION 3. Act subject to petition - effective date -22
130+applicability. (1) This act takes effect October 1, 2023; except that, if a23
131+referendum petition is filed pursuant to section 1 (3) of article V of the24
132+state constitution against this act or an item, section, or part of this act25
133+within the ninety-day period after final adjournment of the general26
134+assembly, then the act, item, section, or part will not take effect unless27
135+1014
136+-4- approved by the people at the general election to be held in November1
137+2024 and, in such case, will take effect on the date of the official2
138+declaration of the vote thereon by the governor.3
139+(2) This act applies to offenses committed on or after the4
140+applicable effective date of this act.5
141+1014
142+-5-