First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0107.01 Jery Payne x2157
HOUSE BILL 23-1123
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT MOTOR VEHICLE DRIVERS TAKE101
CERTAIN ACTIONS TO MITIGA TE THE RISK THEIR VEHICLES102
PRESENT TO STATIONARY VE HICLES ON THE ROAD .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Transportation Legislation Review Committee. Current law
requires a motor vehicle driver to move to one lane apart from a
stationary vehicle when:
! 2 lanes move in the same direction;
! The driver is able to move to the lane apart; and
HOUSE SPONSORSHIP
Lindsay,
SENATE SPONSORSHIP
Bridges, Winter F., Rich
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! One of the following vehicles is stationary on the road:
! An authorized emergency vehicle;
! A stationary towing carrier vehicle;
! A stationary public utility service vehicle; or
! A vehicle to which chains are being applied.
If a person cannot move to be one lane apart from the stationary vehicle,
the person must slow down and drive at a safe speed.
The bill adds the same requirement for stationary motor vehicles
that are displaying flashing hazard lights or warning lights and clarifies
that the law applies to public utility service vehicles operated by the
public utility or by an authorized contractor of the public utility.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-705, amend2
(2)(a) introductory portion, (2)(a)(II), (2)(a)(III), (2)(b), (2)(c)(I), and3
(2.6); and add (2)(a)(IV) as follows:4
42-4-705. Operation of vehicle approached by emergency5
vehicle - operation of vehicle approaching stationary emergency6
vehicle, stationary towing carrier vehicle, or stationary public utility7
service vehicle. (2) (a) A driver in a
MOTOR vehicle shall exhibit due8
care and caution and proceed as described in subsections (2)(b) and (2)(c)9
of this section when approaching or passing:10
(II) A stationary towing carrier vehicle that is giving a visual11
signal by means of flashing, rotating, or oscillating yellow lights; or
12
(III) A stationary public utility service vehicle
THAT IS OPERATED13
BY A PUBLIC UTILITY, AS DEFINED IN SECTION 39-4-101 OR 40-1-103, OR14
AN AUTHORIZED CONTRACTOR OF THE PUBLIC UTILITY AND that is giving15
a visual signal by means of flashing, rotating, or oscillating amber lights;16
OR17
(IV) A
STATIONARY MOTOR VEHICLE GIVING A HAZARD SIGNAL BY18
DISPLAYING ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING19
HB23-1123-2- LIGHTS.1
(b) On a highway with at least two adjacent lanes proceeding in2
the same direction on the same side of the highway where a stationary3
authorized emergency vehicle, stationary towing carrier vehicle, or4
stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)5
OF THIS SECTION is located, the driver of an approaching or passing6
vehicle shall proceed with due care and caution and yield the right-of-way7
by moving into a lane at least one moving lane apart from the stationary8
authorized emergency vehicle, stationary towing carrier vehicle, or9
stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)10
OF THIS SECTION unless directed otherwise by a peace officer or other11
authorized emergency personnel. If movement to an adjacent moving lane12
is not possible due to weather, road conditions, or the immediate presence13
of vehicular or pedestrian traffic, the driver of the approaching
MOTOR14
vehicle shall proceed in the manner described in subsection (2)(c) of this15
section.16
(c) (I) On a highway that does not have at least two adjacent lanes17
proceeding in the same direction on the same side of the highway where18
a stationary authorized emergency vehicle, stationary towing carrier
19
vehicle, or stationary public utility service vehicle DESCRIBED IN20
SUBSECTION (2)(a) OF THIS SECTION is located, or if movement by the21
driver of the approaching
MOTOR vehicle into an adjacent moving lane,22
as described in subsection (2)(b) of this section, is not possible, the driver23
of an approaching
MOTOR vehicle shall reduce and maintain a safe speed24
with regard to the location of the stationary authorized emergency
25
vehicle, stationary towing carrier vehicle, or stationary public utility26
service vehicle DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION;27
HB23-1123
-3- weather conditions; road conditions; and vehicular or pedestrian traffic1
and proceed with due care and caution, or as directed by a peace officer2
or other authorized emergency personnel.3
(2.6) (a) A driver in a vehicle that is approaching or passing a4
motor vehicle where the tires are being equipped with chains on the side5
of the highway shall exhibit due care and caution and proceed as6
described in paragraphs (b) and (c) of this subsection (2.6) SUBSECTION7
(2)
OF THIS SECTION. THE DRIVER OF A MOTOR VEHICLE THAT IS BEING8
EQUIPPED WITH CHAINS SHALL GIVE A HAZARD SIGNAL BY DISPLAYING9
ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING LIGHTS .10
(b) On a highway with at least two adjacent lanes proceeding in
11
the same direction on the same side of the highway where chains are12
being applied to the tires of a motor vehicle, the driver of an approaching13
or passing vehicle shall proceed with due care and caution and yield the14
right-of-way by moving into a lane at least one moving lane apart from15
the vehicle, unless directed otherwise by a peace officer or other16
authorized emergency personnel. If movement to an adjacent moving lane17
is not possible due to weather, road conditions, or the immediate presence18
of vehicular or pedestrian traffic, the driver of the approaching vehicle19
shall proceed in the manner described in paragraph (c) of this subsection20
(2.6).21
(c) On a highway that does not have at least two adjacent lanes22
proceeding in the same direction on the same side of the highway where23
chains are being applied to the tires of a motor vehicle, or if movement24
by the driver of the approaching vehicle into an adjacent moving lane, as25
described in paragraph (b) of this subsection (2.6), is not possible, the26
driver of an approaching vehicle shall reduce and maintain a safe speed27
HB23-1123
-4- with regard to the location of the motor vehicle where chains are being1
applied to the tires, weather conditions, road conditions, and vehicular or2
pedestrian traffic, and shall proceed with due care and caution, or as3
directed by a peace officer or other authorized emergency personnel.4
SECTION 2. Act subject to petition - effective date -5
applicability. (1) This act takes effect at 12:01 a.m. on the day following6
the expiration of the ninety-day period after final adjournment of the7
general assembly; except that, if a referendum petition is filed pursuant8
to section 1 (3) of article V of the state constitution against this act or an9
item, section, or part of this act within such period, then the act, item,10
section, or part will not take effect unless approved by the people at the11
general election to be held in November 2024 and, in such case, will take12
effect on the date of the official declaration of the vote thereon by the13
governor.14
(2) This act applies to offenses committed on or after the15
applicable effective date of this act.16
HB23-1123
-5-