HOUSE BILL 23-1123
BY REPRESENTATIVE(S) Lindsay and Weinberg, Dickson, Froelich,
Lindstedt, Snyder, Taggart, Titone, Valdez, Wilson;
also SENATOR(S) Bridges and Rich, Winter F., Buckner, Cutter, Exum,
Ginal, Hinrichsen, Liston, Lundeen, Marchman, Pelton R., Priola, Roberts,
Simpson, Smallwood, Sullivan, Van Winkle, Will, Zenzinger.
C
ONCERNING A REQUIREMENT THAT MOTOR VEHICLE DRIVERS TAKE
CERTAIN ACTIONS TO MITIGATE THE RISK THEIR VEHICLES PRESENT TO
STATIONARY VEHICLES ON THE ROAD
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-705, amend
(2)(a), (2)(b), (2)(c)(I), and (2.6) as follows:
42-4-705. Operation of vehicle approached by emergency vehicle
- operation of vehicle approaching stationary emergency vehicle,
stationary towing carrier vehicle, or stationary public utility service
vehicle. (2) (a) A driver in a
MOTOR vehicle shall exhibit due care and
caution and proceed as described in subsections (2)(b) and (2)(c) of this
section when approaching or passing:
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. (I) A stationary authorized emergency vehicle, INCLUDING A PORT
OF ENTRY VEHICLE
, that is giving a visual signal by means of flashing,
rotating, or oscillating red, blue, or white lights as permitted by section
42-4-213 or 42-4-222;
(II) A stationary towing carrier vehicle that is giving a visual signal
by means of flashing, rotating, or oscillating yellow lights; or
(III) A stationary public utility service vehicle THAT IS OPERATED BY
A PUBLIC UTILITY
, AS DEFINED IN SECTION 39-4-101 OR 40-1-103, OR AN
AUTHORIZED CONTRACTOR OF THE PUBLIC UTILITY AND
that is giving a
visual signal by means of flashing, rotating, or oscillating amber lights;
OR
(IV) A STATIONARY MOTOR VEHICLE GIVING A HAZARD SIGNAL BY
DISPLAYING ALTERNATELY FLASHING LIGHTS OR DISPLAYING WARNING
LIGHTS
.
(b) On a highway with at least two adjacent lanes proceeding in the
same direction on the same side of the highway where a stationary
authorized emergency vehicle, stationary towing carrier vehicle, orstationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a) OF
THIS SECTION
is located, the driver of an approaching or passing vehicle
shall proceed with due care and caution and yield the right-of-way by
moving into a lane at least one moving lane apart from the stationary
authorized emergency vehicle, stationary towing carrier vehicle, or
stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a) OF
THIS SECTION
unless directed otherwise by a peace officer or other
authorized emergency personnel. If movement to an adjacent moving lane
is not possible due to weather, road conditions, or the immediate presence
of vehicular or pedestrian traffic, the driver of the approaching
MOTOR
vehicle shall proceed in the manner described in subsection (2)(c) of this
section.
(c) (I) On a highway that does not have at least two adjacent lanes
proceeding in the same direction on the same side of the highway where a
stationary authorized emergency vehicle, stationary towing carrier vehicle,
or stationary public utility service vehicle DESCRIBED IN SUBSECTION (2)(a)
OF THIS SECTION is located, or if movement by the driver of the approaching
MOTOR vehicle into an adjacent moving lane, as described in subsection
(2)(b) of this section, is not possible, the driver of an approaching
MOTOR
PAGE 2-HOUSE BILL 23-1123 vehicle shall reduce and maintain a safe speed with regard to the location
of the stationary authorized emergency vehicle, stationary towing carrier
vehicle, or stationary public utility service vehicle DESCRIBED IN
SUBSECTION
(2)(a) OF THIS SECTION; weather conditions; road conditions;
and vehicular or pedestrian traffic and proceed with due care and caution,
or as directed by a peace officer or other authorized emergency personnel.
(2.6) (a)
A driver in a vehicle that is approaching or passing a motor
vehicle where the tires are being equipped with chains on the side of the
highway shall exhibit due care and caution and proceed as described in
paragraphs (b) and (c) of this subsection (2.6)
SUBSECTION (2) OF THIS
SECTION
. THE DRIVER OF A MOTOR VEHICLE THAT IS BEING EQUIPPED WITH
CHAINS SHALL GIVE A HAZARD SIGNAL BY DISPLAYING ALTERNATELY
FLASHING LIGHTS OR DISPLAYING WARNING LIGHTS
.
(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
applied to the tires of a motor vehicle, the driver of an approaching or
passing vehicle shall proceed with due care and caution and yield the
right-of-way by moving into a lane at least one moving lane apart from the
vehicle, unless directed otherwise by a peace officer or other authorized
emergency personnel. If movement to an adjacent moving lane is not
possible due to weather, road conditions, or the immediate presence of
vehicular or pedestrian traffic, the driver of the approaching vehicle shall
proceed in the manner described in paragraph (c) of this subsection (2.6).
(c) On a highway that does not have at least two adjacent lanes
proceeding in the same direction on the same side of the highway where
chains are being applied to the tires of a motor vehicle, or if movement by
the driver of the approaching vehicle into an adjacent moving lane, as
described in paragraph (b) of this subsection (2.6), is not possible, the driver
of an approaching vehicle shall reduce and maintain a safe speed with
regard to the location of the motor vehicle where chains are being applied
to the tires, weather conditions, road conditions, and vehicular or pedestrian
traffic, and shall proceed with due care and caution, or as directed by a
peace officer or other authorized emergency personnel.
SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
PAGE 3-HOUSE BILL 23-1123 general assembly; 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 such period, 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 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed on or after the applicable
effective date of this act.
____________________________ ____________________________
Julie McCluskie 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 4-HOUSE BILL 23-1123