First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0107.01 Jery Payne x2157
HOUSE BILL 23-1123
House Committees Senate Committees
Transportation, Housing & Local Government Transportation & Energy
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
SENATE
2nd Reading Unamended
March 6, 2023
HOUSE
3rd Reading Unamended
February 22, 2023
HOUSE
Amended 2nd Reading
February 21, 2023
HOUSE SPONSORSHIP
Lindsay and Weinberg, Dickson, Froelich, Lindstedt, Snyder, Taggart, Titone, Valdez,
Wilson
SENATE SPONSORSHIP
Bridges and Rich, Winter F.
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), (2)(b), (2)(c)(I), and (2.6); and add (2)(a)(IV) as follows:3
42-4-705. Operation of vehicle approached by emergency4
vehicle - operation of vehicle approaching stationary emergency5
vehicle, stationary towing carrier vehicle, or stationary public utility6
service vehicle. (2) (a) A driver in a
MOTOR vehicle shall exhibit due7
care and caution and proceed as described in subsections (2)(b) and (2)(c)8
of this section when approaching or passing:9
(I) A stationary authorized emergency vehicle, INCLUDING A PORT10
OF ENTRY VEHICLE, that is giving a visual signal by means of flashing,11
rotating, or oscillating red, blue, or white lights as permitted by section12
42-4-213 or 42-4-222;13
(II) A stationary towing carrier vehicle that is giving a visual14
signal by means of flashing, rotating, or oscillating yellow lights; or15
(III) A stationary public utility service vehicle
THAT IS OPERATED16
BY A PUBLIC UTILITY, AS DEFINED IN SECTION 39-4-101 OR 40-1-103, OR17
AN AUTHORIZED CONTRACTOR OF THE PUBLIC UTILITY AND that is giving18
a visual signal by means of flashing, rotating, or oscillating amber lights;19
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(IV) A
STATIONARY MOTOR VEHICLE GIVING A HAZARD SIGNAL BY2
DISPLAYING ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING3
LIGHTS.4
(b) On a highway with at least two adjacent lanes proceeding in5
the same direction on the same side of the highway where a stationary6
authorized emergency vehicle, stationary towing carrier vehicle, or
7
stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)8
OF THIS SECTION is located, the driver of an approaching or passing9
vehicle shall proceed with due care and caution and yield the right-of-way10
by moving into a lane at least one moving lane apart from the stationary11
authorized emergency vehicle, stationary towing carrier vehicle, or12
stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)13
OF THIS SECTION unless directed otherwise by a peace officer or other14
authorized emergency personnel. If movement to an adjacent moving lane15
is not possible due to weather, road conditions, or the immediate presence16
of vehicular or pedestrian traffic, the driver of the approaching
MOTOR17
vehicle shall proceed in the manner described in subsection (2)(c) of this18
section.19
(c) (I) On a highway that does not have at least two adjacent lanes20
proceeding in the same direction on the same side of the highway where21
a stationary authorized emergency vehicle, stationary towing carrier
22
vehicle, or stationary public utility service vehicle DESCRIBED IN23
SUBSECTION (2)(a) OF THIS SECTION is located, or if movement by the24
driver of the approaching
MOTOR vehicle into an adjacent moving lane,25
as described in subsection (2)(b) of this section, is not possible, the driver26
of an approaching
MOTOR vehicle shall reduce and maintain a safe speed27
1123
-3- with regard to the location of the stationary authorized emergency1
vehicle, stationary towing carrier vehicle, or stationary public utility2
service vehicle DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION;3
weather conditions; road conditions; and vehicular or pedestrian traffic4
and proceed with due care and caution, or as directed by a peace officer5
or other authorized emergency personnel.6
(2.6) (a) A driver in a vehicle that is approaching or passing a7
motor vehicle where the tires are being equipped with chains on the side8
of the highway shall exhibit due care and caution and proceed as9
described in paragraphs (b) and (c) of this subsection (2.6) SUBSECTION10
(2)
OF THIS SECTION. THE DRIVER OF A MOTOR VEHICLE THAT IS BEING11
EQUIPPED WITH CHAINS SHALL GIVE A HAZARD SIGNAL BY DISPLAYING12
ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING LIGHTS .13
(b) On a highway with at least two adjacent lanes proceeding in
14
the same direction on the same side of the highway where chains are15
being applied to the tires of a motor vehicle, the driver of an approaching16
or passing vehicle shall proceed with due care and caution and yield the17
right-of-way by moving into a lane at least one moving lane apart from18
the vehicle, unless directed otherwise by a peace officer or other19
authorized emergency personnel. If movement to an adjacent moving lane20
is not possible due to weather, road conditions, or the immediate presence21
of vehicular or pedestrian traffic, the driver of the approaching vehicle22
shall proceed in the manner described in paragraph (c) of this subsection23
(2.6).24
(c) On a highway that does not have at least two adjacent lanes25
proceeding in the same direction on the same side of the highway where26
chains are being applied to the tires of a motor vehicle, or if movement27
1123
-4- by the driver of the approaching vehicle into an adjacent moving lane, as1
described in paragraph (b) of this subsection (2.6), is not possible, the2
driver of an approaching vehicle shall reduce and maintain a safe speed3
with regard to the location of the motor vehicle where chains are being4
applied to the tires, weather conditions, road conditions, and vehicular or5
pedestrian traffic, and shall proceed with due care and caution, or as6
directed by a peace officer or other authorized emergency personnel.7
SECTION 2. Act subject to petition - effective date -8
applicability. (1) This act takes effect at 12:01 a.m. on the day following9
the expiration of the ninety-day period after final adjournment of the10
general assembly; except that, if a referendum petition is filed pursuant11
to section 1 (3) of article V of the state constitution against this act or an12
item, section, or part of this act within such period, then the act, item,13
section, or part will not take effect unless approved by the people at the14
general election to be held in November 2024 and, in such case, will take15
effect on the date of the official declaration of the vote thereon by the16
governor.17
(2) This act applies to offenses committed on or after the18
applicable effective date of this act.19
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