Colorado 2023 Regular Session

Colorado House Bill HB1123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	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. 23-0107.01 Jery Payne x2157
1	8		HOUSE BILL 23-1123
2		-	BY REPRESENTATIVE(S) Lindsay and Weinberg, Dickson, Froelich,
3		-	Lindstedt, Snyder, Taggart, Titone, Valdez, Wilson;
4		-	also SENATOR(S) Bridges and Rich, Winter F., Buckner, Cutter, Exum,
5		-	Ginal, Hinrichsen, Liston, Lundeen, Marchman, Pelton R., Priola, Roberts,
6		-	Simpson, Smallwood, Sullivan, Van Winkle, Will, Zenzinger.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Transportation & Energy
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING A REQUIREMENT THAT MOTOR VEHICLE DRIVERS TAKE
9		-	CERTAIN ACTIONS TO MITIGATE THE RISK THEIR VEHICLES PRESENT TO
10		-	STATIONARY VEHICLES ON THE ROAD
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 42-4-705, amend
15		-	(2)(a), (2)(b), (2)(c)(I), and (2.6) as follows:
16		-	42-4-705. Operation of vehicle approached by emergency vehicle
17		-	- operation of vehicle approaching stationary emergency vehicle,
18		-	stationary towing carrier vehicle, or stationary public utility service
19		-	vehicle. (2) (a) A driver in a
20		-	MOTOR vehicle shall exhibit due care and
21		-	caution and proceed as described in subsections (2)(b) and (2)(c) of this
22		-	section when approaching or passing:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (I) A stationary authorized emergency vehicle, INCLUDING A PORT
31		-	OF ENTRY VEHICLE
32		-	, that is giving a visual signal by means of flashing,
33		-	rotating, or oscillating red, blue, or white lights as permitted by section
34		-	42-4-213 or 42-4-222;
35		-	(II) A stationary towing carrier vehicle that is giving a visual signal
36		-	by means of flashing, rotating, or oscillating yellow lights; or
37		-	(III) A stationary public utility service vehicle THAT IS OPERATED BY
38		-	A PUBLIC UTILITY
39		-	, AS DEFINED IN SECTION 39-4-101 OR 40-1-103, OR AN
40		-	AUTHORIZED CONTRACTOR OF THE PUBLIC UTILITY AND
41		-	that is giving a
42		-	visual signal by means of flashing, rotating, or oscillating amber lights;
43		-	OR
44		-	(IV) A STATIONARY MOTOR VEHICLE GIVING A HAZARD SIGNAL BY
45		-	DISPLAYING ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING
46		-	LIGHTS
47		-	.
48		-	(b) On a highway with at least two adjacent lanes proceeding in the
49		-	same direction on the same side of the highway where a stationary
50		-	authorized emergency vehicle, stationary towing carrier vehicle, orstationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a) OF
51		-	THIS SECTION
52		-	is located, the driver of an approaching or passing vehicle
53		-	shall proceed with due care and caution and yield the right-of-way by
54		-	moving into a lane at least one moving lane apart from the stationary
	13	+	ONCERNING A REQUIREMENT THAT MOTOR VEHICLE DRIVERS TAKE101
	14	+	CERTAIN ACTIONS TO MITIGA TE THE RISK THEIR VEHICLES102
	15	+	PRESENT TO STATIONARY VE HICLES ON THE ROAD .103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Transportation Legislation Review Committee. Current law
	24	+	requires a motor vehicle driver to move to one lane apart from a
	25	+	stationary vehicle when:
	26	+	! 2 lanes move in the same direction;
	27	+	! The driver is able to move to the lane apart; and
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 7, 2023
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 6, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 22, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 21, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Lindsay and Weinberg, Dickson, Froelich, Lindstedt, Snyder, Taggart, Titone, Valdez,
	42	+	Wilson
	43	+	SENATE SPONSORSHIP
	44	+	Bridges and Rich, Winter F., Buckner, Cutter, Exum, Ginal, Hinrichsen, Liston, Lundeen,
	45	+	Marchman, Pelton R., Priola, Roberts, Simpson, Smallwood, Sullivan, Van Winkle, Will,
	46	+	Zenzinger
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. ! One of the following vehicles is stationary on the road:
	50	+	! An authorized emergency vehicle;
	51	+	! A stationary towing carrier vehicle;
	52	+	! A stationary public utility service vehicle; or
	53	+	! A vehicle to which chains are being applied.
	54	+	If a person cannot move to be one lane apart from the stationary vehicle,
	55	+	the person must slow down and drive at a safe speed.
	56	+	The bill adds the same requirement for stationary motor vehicles
	57	+	that are displaying flashing hazard lights or warning lights and clarifies
	58	+	that the law applies to public utility service vehicles operated by the
	59	+	public utility or by an authorized contractor of the public utility.
	60	+	Be it enacted by the General Assembly of the State of Colorado:1
	61	+	SECTION 1. In Colorado Revised Statutes, 42-4-705, amend2
	62	+	(2)(a), (2)(b), (2)(c)(I), and (2.6); and add (2)(a)(IV) as follows:3
	63	+	42-4-705. Operation of vehicle approached by emergency4
	64	+	vehicle - operation of vehicle approaching stationary emergency5
	65	+	vehicle, stationary towing carrier vehicle, or stationary public utility6
	66	+	service vehicle. (2) (a) A driver in a
	67	+	MOTOR vehicle shall exhibit due7
	68	+	care and caution and proceed as described in subsections (2)(b) and (2)(c)8
	69	+	of this section when approaching or passing:9
	70	+	(I) A stationary authorized emergency vehicle, INCLUDING A PORT10
	71	+	OF ENTRY VEHICLE, that is giving a visual signal by means of flashing,11
	72	+	rotating, or oscillating red, blue, or white lights as permitted by section12
	73	+	42-4-213 or 42-4-222;13
	74	+	(II) A stationary towing carrier vehicle that is giving a visual14
	75	+	signal by means of flashing, rotating, or oscillating yellow lights; or15
	76	+	(III) A stationary public utility service vehicle
	77	+	THAT IS OPERATED16
	78	+	BY A PUBLIC UTILITY, AS DEFINED IN SECTION 39-4-101 OR 40-1-103, OR17
	79	+	AN AUTHORIZED CONTRACTOR OF THE PUBLIC UTILITY AND that is giving18
	80	+	a visual signal by means of flashing, rotating, or oscillating amber lights;19
	81	+	1123-2- OR1
	82	+	(IV) A
	83	+	STATIONARY MOTOR VEHICLE GIVING A HAZARD SIGNAL BY2
	84	+	DISPLAYING ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING3
	85	+	LIGHTS.4
	86	+	(b) On a highway with at least two adjacent lanes proceeding in5
	87	+	the same direction on the same side of the highway where a stationary6
55	88		authorized emergency vehicle, stationary towing carrier vehicle, or
56		-	stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a) OF
57		-	THIS SECTION
58		-	unless directed otherwise by a peace officer or other
59		-	authorized emergency personnel. If movement to an adjacent moving lane
60		-	is not possible due to weather, road conditions, or the immediate presence
	89	+	7
	90	+	stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)8
	91	+	OF THIS SECTION is located, the driver of an approaching or passing9
	92	+	vehicle shall proceed with due care and caution and yield the right-of-way10
	93	+	by moving into a lane at least one moving lane apart from the stationary11
	94	+	authorized emergency vehicle, stationary towing carrier vehicle, or12
	95	+	stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)13
	96	+	OF THIS SECTION unless directed otherwise by a peace officer or other14
	97	+	authorized emergency personnel. If movement to an adjacent moving lane15
	98	+	is not possible due to weather, road conditions, or the immediate presence16
61	99		of vehicular or pedestrian traffic, the driver of the approaching
62		-	MOTOR
63		-	vehicle shall proceed in the manner described in subsection (2)(c) of this
64		-	section.
65		-	(c) (I) On a highway that does not have at least two adjacent lanes
66		-	proceeding in the same direction on the same side of the highway where a
67		-	stationary authorized emergency vehicle, stationary towing carrier vehicle,
68		-	or stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)
69		-	OF THIS SECTION is located, or if movement by the driver of the approaching
70		-	MOTOR vehicle into an adjacent moving lane, as described in subsection
71		-	(2)(b) of this section, is not possible, the driver of an approaching
72		-	MOTOR
73		-	PAGE 2-HOUSE BILL 23-1123 vehicle shall reduce and maintain a safe speed with regard to the location
74		-	of the stationary authorized emergency vehicle, stationary towing carrier
75		-	vehicle, or stationary public utility service vehicle DESCRIBED IN
76		-	SUBSECTION
77		-	(2)(a) OF THIS SECTION; weather conditions; road conditions;
78		-	and vehicular or pedestrian traffic and proceed with due care and caution,
79		-	or as directed by a peace officer or other authorized emergency personnel.
80		-	(2.6) (a)
81		-	A driver in a vehicle that is approaching or passing a motor
82		-	vehicle where the tires are being equipped with chains on the side of the
83		-	highway shall exhibit due care and caution and proceed as described in
84		-	paragraphs (b) and (c) of this subsection (2.6)
85		-	SUBSECTION (2) OF THIS
86		-	SECTION
87		-	. THE DRIVER OF A MOTOR VEHICLE THAT IS BEING EQUIPPED WITH
88		-	CHAINS SHALL GIVE A HAZARD SIGNAL BY DISPLAYING ALTERNATELY
89		-	FLASHING LIGHTS OR DISPLAYING WARNING LIGHTS
90		-	.
91		-	(b) On a highway with at least two adjacent lanes proceeding in thesame direction on the same side of the highway where chains are being
92		-	applied to the tires of a motor vehicle, the driver of an approaching or
93		-	passing vehicle shall proceed with due care and caution and yield the
94		-	right-of-way by moving into a lane at least one moving lane apart from the
95		-	vehicle, unless directed otherwise by a peace officer or other authorized
96		-	emergency personnel. If movement to an adjacent moving lane is not
97		-	possible due to weather, road conditions, or the immediate presence of
98		-	vehicular or pedestrian traffic, the driver of the approaching vehicle shall
99		-	proceed in the manner described in paragraph (c) of this subsection (2.6).
100		-	(c) On a highway that does not have at least two adjacent lanes
101		-	proceeding in the same direction on the same side of the highway where
102		-	chains are being applied to the tires of a motor vehicle, or if movement by
103		-	the driver of the approaching vehicle into an adjacent moving lane, as
104		-	described in paragraph (b) of this subsection (2.6), is not possible, the driver
105		-	of an approaching vehicle shall reduce and maintain a safe speed with
106		-	regard to the location of the motor vehicle where chains are being applied
107		-	to the tires, weather conditions, road conditions, and vehicular or pedestrian
108		-	traffic, and shall proceed with due care and caution, or as directed by a
109		-	peace officer or other authorized emergency personnel.
110		-	SECTION 2. Act subject to petition - effective date -
111		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
112		-	the expiration of the ninety-day period after final adjournment of the
113		-	PAGE 3-HOUSE BILL 23-1123 general assembly; except that, if a referendum petition is filed pursuant to
114		-	section 1 (3) of article V of the state constitution against this act or an item,
115		-	section, or part of this act within such period, then the act, item, section, or
116		-	part will not take effect unless approved by the people at the general
117		-	election to be held in November 2024 and, in such case, will take effect on
118		-	the date of the official declaration of the vote thereon by the governor.
119		-	(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 23-1123
	100	+	MOTOR17
	101	+	vehicle shall proceed in the manner described in subsection (2)(c) of this18
	102	+	section.19
	103	+	(c) (I) On a highway that does not have at least two adjacent lanes20
	104	+	proceeding in the same direction on the same side of the highway where21
	105	+	a stationary authorized emergency vehicle, stationary towing carrier
	106	+	22
	107	+	vehicle, or stationary public utility service vehicle DESCRIBED IN23
	108	+	SUBSECTION (2)(a) OF THIS SECTION is located, or if movement by the24
	109	+	driver of the approaching
	110	+	MOTOR vehicle into an adjacent moving lane,25
	111	+	as described in subsection (2)(b) of this section, is not possible, the driver26
	112	+	of an approaching
	113	+	MOTOR vehicle shall reduce and maintain a safe speed27
	114	+	1123
	115	+	-3- with regard to the location of the stationary authorized emergency1
	116	+	vehicle, stationary towing carrier vehicle, or stationary public utility2
	117	+	service vehicle DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION;3
	118	+	weather conditions; road conditions; and vehicular or pedestrian traffic4
	119	+	and proceed with due care and caution, or as directed by a peace officer5
	120	+	or other authorized emergency personnel.6
	121	+	(2.6) (a) A driver in a vehicle that is approaching or passing a7
	122	+	motor vehicle where the tires are being equipped with chains on the side8
	123	+	of the highway shall exhibit due care and caution and proceed as9
	124	+	described in paragraphs (b) and (c) of this subsection (2.6) SUBSECTION10
	125	+	(2)
	126	+	OF THIS SECTION. THE DRIVER OF A MOTOR VEHICLE THAT IS BEING11
	127	+	EQUIPPED WITH CHAINS SHALL GIVE A HAZARD SIGNAL BY DISPLAYING12
	128	+	ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING LIGHTS .13
	129	+	(b) On a highway with at least two adjacent lanes proceeding in
	130	+	14
	131	+	the same direction on the same side of the highway where chains are15
	132	+	being applied to the tires of a motor vehicle, the driver of an approaching16
	133	+	or passing vehicle shall proceed with due care and caution and yield the17
	134	+	right-of-way by moving into a lane at least one moving lane apart from18
	135	+	the vehicle, unless directed otherwise by a peace officer or other19
	136	+	authorized emergency personnel. If movement to an adjacent moving lane20
	137	+	is not possible due to weather, road conditions, or the immediate presence21
	138	+	of vehicular or pedestrian traffic, the driver of the approaching vehicle22
	139	+	shall proceed in the manner described in paragraph (c) of this subsection23
	140	+	(2.6).24
	141	+	(c) On a highway that does not have at least two adjacent lanes25
	142	+	proceeding in the same direction on the same side of the highway where26
	143	+	chains are being applied to the tires of a motor vehicle, or if movement27
	144	+	1123
	145	+	-4- by the driver of the approaching vehicle into an adjacent moving lane, as1
	146	+	described in paragraph (b) of this subsection (2.6), is not possible, the2
	147	+	driver of an approaching vehicle shall reduce and maintain a safe speed3
	148	+	with regard to the location of the motor vehicle where chains are being4
	149	+	applied to the tires, weather conditions, road conditions, and vehicular or5
	150	+	pedestrian traffic, and shall proceed with due care and caution, or as6
	151	+	directed by a peace officer or other authorized emergency personnel.7
	152	+	SECTION 2. Act subject to petition - effective date -8
	153	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following9
	154	+	the expiration of the ninety-day period after final adjournment of the10
	155	+	general assembly; except that, if a referendum petition is filed pursuant11
	156	+	to section 1 (3) of article V of the state constitution against this act or an12
	157	+	item, section, or part of this act within such period, then the act, item,13
	158	+	section, or part will not take effect unless approved by the people at the14
	159	+	general election to be held in November 2024 and, in such case, will take15
	160	+	effect on the date of the official declaration of the vote thereon by the16
	161	+	governor.17
	162	+	(2) This act applies to offenses committed on or after the18
	163	+	applicable effective date of this act.19
	164	+	1123
	165	+	-5-