First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0912.01 Josh Schultz x5486
SENATE BILL 23-200
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING THE UTILIZATIO N OF AUTOMATED VEHICLE101
IDENTIFICATION SYSTEMS FOR INCREASED TRAFFIC LAW102
ENFORCEMENT BY CERTAIN JURISDICTIONS .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
.)
The bill changes the deadline by which the state, a county, a city
and county, or a city (jurisdiction) is required to issue and send by mail
or other delivery service a notice of violation when a traffic violation is
detected through the use of an automated vehicle identification system
(system) from 90 days after the violation to:
SENATE SPONSORSHIP
Winter F.,
HOUSE SPONSORSHIP
Froelich,
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. ! 30 days after the violation if the motor vehicle involved is
registered in the state; or
! 60 days after the violation if the motor vehicle involved is
registered outside of the state.
The bill specifies the information required in a notice of violation
and a civil penalty assessment notice. If a registered motor vehicle owner
(owner) fails to request a hearing to dispute the alleged violation or fails
to pay the civil penalty in full by the deadline stated in the notice, the
owner waives the right to contest the violation or amount of the penalty,
and the jurisdiction is required to enter a final order of liability against the
owner. Any appeal of a final order must be brought in the manner
required by the jurisdiction for similar appeals.
The bill establishes that the owner of a motor vehicle involved in
a violation detected through the use of a system, including an owner
engaged in the business of leasing or renting motor vehicles, is presumed
liable for any civil penalty imposed, but the owner may obtain payment
for the penalty from a person that leased or rented the motor vehicle at the
time the violation occurred or may avoid liability for the civil penalty if
the owner demonstrates that, at the time of the violation, the motor
vehicle was leased to another person for a period of more than one year.
The bill also specifies the methods by which the owner of a motor
vehicle involved in a traffic violation may rebut the presumption of
liability for the violation.
The bill requires a jurisdiction utilizing a system to report unpaid
violations to the department of revenue (department). The department
shall keep a record of unpaid violations and suspend the registration of
the motor vehicle until the penalty is paid or prohibit the title transfer of
the motor vehicle. The bill allows the department to collect a $25
administration fee to cover its administration costs.
The bill requires a jurisdiction implementing a new system after
July 1, 2023, to:
! Announce the implementation of the system through its
website for at least 30 days prior to the use of the system;
and
! Issue only warnings for traffic violations detected by the
system for the first 30 days after the system is installed or
deployed.
The bill allows a municipality to designate all or a portion of a
street as an automated vehicle identification corridor within which the
municipality may locate a system to detect traffic violations under
specified circumstances.
The bill permits a jurisdiction to compensate a manufacturer or
vendor of system equipment for the value of services provided, in
addition to compensating for the value of the system equipment as
permitted under current law.
SB23-200
-2- The bill imposes restrictions on when photographs may be taken
by a system and on access to and use of photographs and video created by
systems and requires photographs and videos to be destroyed after a
specified period, with certain exceptions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 42-4-110.52
as follows:3
42-4-110.5. Automated vehicle identification systems -4
legislative declaration - exceptions to liability - penalty - limits on use5
of photographs and video - definitions. (1) The general assembly6
hereby finds and declares that the enforcement of traffic laws through the7
use of automated vehicle identification systems under this section is a8
matter of statewide concern and is an area in which uniform state9
standards are necessary.10
(1.5) Except for the authorization contained in subsection (1.7) of11
this section, nothing in this section shall apply
APPLIES to a violation12
detected by an automated vehicle identification device SYSTEM for driving13
twenty-five miles per hour or more in excess of the reasonable and14
prudent speed or twenty-five miles per hour or more in excess of the15
maximum speed limit of seventy-five miles per hour detected by the use16
of an automated vehicle identification device SYSTEM.17
(1.7) (a) (I) Upon request from the department of transportation,18
the department of public safety shall utilize an automated vehicle19
identification system to detect speeding violations under part 11 of this20
article ARTICLE 4 within a highway maintenance, repair, or construction21
zone designated pursuant to section 42-4-614 (1)(a), if the department of22
public safety complies with subsections (2) to (6) of this section. An23
SB23-200-3- automated vehicle identification system shall not be used under this1
subsection (1.7) unless maintenance, repair, or construction is occurring2
at the time the system is being used.3
(II) The department of public safety may contract with a vendor4
to implement this subsection (1.7),
INCLUDING TO:5
(A) N
OTIFY VIOLATORS;6
(B) C
OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE7
STATE TREASURY LESS THE VENDOR 'S EXPENSES;8
(C) R
ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;9
(D) I
MPLEMENT COLLECTION EFFORTS ; AND10
(E) N
OTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID11
VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM .12
(III) If the department of public safety contracts with a vendor, the13
contract shall
MUST incorporate the processing elements specified by the14
department of public safety. The department of public safety may contract15
with the vendor to notify violators, collect and remit the penalties and16
surcharges to the state treasury less the vendor's expenses, reconcile17
payments against outstanding violations, implement collection efforts,18
and notify the department of public safety of unpaid violations for19
possible referral to the judicial system.20
(IV) No
NOTICE OF VIOLATION OR CIVIL penalty assessment or
21
summons and complaint or a penalty or surcharge for a violation detected22
by an automated vehicle identification system under this subsection (1.7)23
shall be forwarded to the department for processing.24
(b) The department of transportation shall reimburse the25
department of public safety for the direct and indirect costs of complying26
with this subsection (1.7).27
SB23-200
-4- (2) A municipality may adopt an ordinance authorizing the use of1
an automated vehicle identification system to detect violations of traffic2
regulations adopted by the municipality, or the state, a county, a city and3
county, or a municipality CITY may utilize an automated vehicle4
identification system to detect traffic violations under state law, subject5
to the following conditions and limitations:6
(a) (I) (Deleted by amendment, L. 2002, p. 570, ยง 1, effective May7
24, 2002.)8
(II) If the state, a county, a city and county, or a municipality CITY9
detects any alleged violation of a municipal traffic regulation or a traffic10
violation under state law through the use of an automated vehicle11
identification system, then the state, county, city and county, or12
municipality CITY shall serve the penalty assessment notice or summons13
and complaint for the alleged violation on the defendant no later than14
ninety days after the alleged violation occurred. If a penalty assessment15
notice or summons and complaint for a violation detected using an16
automated vehicle identification system is personally served, the state, a17
county, a city and county, or a municipality may only charge the actual18
costs of service of process that shall be no more than the amount usually19
charged for civil service of process ISSUE AND SEND, OR CAUSE ITS20
VENDOR TO ISSUE AND SEND, TO THE REGISTERED OWNER OF THE MOTOR21
VEHICLE INVOLVED IN THE ALLEGED VIOLATION , BY FIRST-CLASS MAIL, OR22
BY ANY MAIL DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN THE23
U
NITED STATES POSTAL SERVICE THAT IS EQUIVALENT TO OR SUPERIOR TO24
FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED , RELIABILITY, AND25
PRICE, A NOTICE OF VIOLATION:26
(A) W
ITHIN THIRTY DAYS AFTER THE ALLEGED VIOLATION27
SB23-200
-5- OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION1
IS REGISTERED IN THE STATE; OR2
(B) W
ITHIN SIXTY DAYS AFTER THE ALLEGED VIOLATION3
OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION4
IS REGISTERED OUTSIDE OF THE STATE.5
(III) T
HE NOTICE OF VIOLATION MUST CONTAIN :6
(A) T
HE NAME AND ADDRESS OF THE REGISTERED OWNER OF THE7
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;8
(B) T
HE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE9
INVOLVED IN THE ALLEGED VIOLATION ;10
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;11
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE12
ALLEGED VIOLATION;13
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL14
PENALTY AND FOR DISPUTING THE ALLEGED VIOLATION ; AND15
(F) I
NFORMATION ON HOW THE REGISTERED OWNER MAY EITHER16
DISPUTE THE ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED17
CIVIL PENALTY.18
(IV) I
F THE STATE, A COUNTY, A CITY AND COUNTY, OR A CITY19
DOES NOT RECEIVE THE PRESCRIBED CIVIL PENALTY OR A WRITTEN NOTICE20
REQUESTING A HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE21
DEADLINE STATED ON THE NOTICE OF VIOLATION , WHICH DEADLINE MUST22
NOT BE LESS THAN FORTY-FIVE DAYS AFTER THE ISSUANCE DATE ON THE23
NOTICE OF VIOLATION, THE STATE, COUNTY, CITY AND COUNTY, OR CITY24
SHALL ISSUE AND SEND, OR CAUSE ITS VENDOR TO ISSUE AND SEND , BY25
FIRST-CLASS MAIL, OR BY ANY MAIL DELIVERY SERVICE OFFERED BY AN26
ENTITY OTHER THAN THE UNITED STATES POSTAL SERVICE THAT IS27
SB23-200
-6- EQUIVALENT TO OR SUPERIOR TO FIRST -CLASS MAIL WITH RESPECT TO1
DELIVERY SPEED, RELIABILITY, AND PRICE, A CIVIL PENALTY ASSESSMENT2
NOTICE FOR THE ALLEGED VIOLATION TO THE REGISTERED OWNER OF THE3
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION NO LATER THAN4
THIRTY DAYS AFTER THE DEADLINE ON THE NOTICE OF VIOLATION .5
(V) T
HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :6
(A) T
HE NAME AND ADDRESS OF THE REGISTERED OWNER OF THE7
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;8
(B) T
HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE9
ALLEGED VIOLATION;10
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;11
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE12
ALLEGED VIOLATION;13
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL14
PENALTY; AND15
(F) I
NFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL16
PENALTY.17
(VI) I
F THE REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO18
REQUEST A HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE19
DEADLINE STATED IN THE NOTICE OF VIOLATION, THE REGISTERED OWNER20
WAIVES ANY RIGHT TO CONTEST THE VIOLATION OR THE AMOUNT OF THE21
PRESCRIBED CIVIL PENALTY.22
(VII) I
F THE REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO23
PAY IN FULL THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN24
THE CIVIL PENALTY ASSESSMENT NOTICE , THE STATE, A COUNTY, A CITY25
AND COUNTY , OR A CITY SHALL ENTER A FINAL ORDER OF LIABILITY26
AGAINST THE REGISTERED OWNER OF THE MOTOR VEHICLE .27
SB23-200
-7- (VIII) ANY APPEAL OF THE FINAL ORDER MUST BE BROUGHT IN THE1
MANNER SPECIFIED BY THE STATE, COUNTY, CITY AND COUNTY, OR CITY2
FOR SIMILAR APPEALS.3
(IX) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2)(a)(X)4
AND (2)(a)(XI) OF THIS SECTION, THE REGISTERED OWNER OF THE MOTOR5
VEHICLE INVOLVED IN A VIOLATION DETECTED THROUGH THE USE OF AN6
AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS LIABLE FOR ANY CIVIL7
PENALTY IMPOSED BY THE STATE, A COUNTY, A CITY AND COUNTY, OR A8
CITY.9
(X) T
HE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED IN10
A VIOLATION OF A MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC11
VIOLATION UNDER STATE LAW WHO IS ENGAGED IN THE BUSINESS OF12
LEASING OR RENTING MOTOR VEHICLES IS LIABLE FOR PAYMENT OF THE13
CIVIL PENALTY FOR THE VIOLATION; EXCEPT THAT, AT THE DISCRETION OF14
THE REGISTERED OWNER:15
(A) T
HE REGISTERED OWNER MAY OBTAIN PAYMENT FOR THE CIVIL16
PENALTY FROM THE INDIVIDUAL OR COMPANY THAT LEASED OR RENTED17
THE MOTOR VEHICLE AT THE TIME THE VIOLATION OCCURRED THROUGH A18
CREDIT OR DEBIT CARD PAYMENT AND FORWARD THE PAYMENT TO THE19
STATE, COUNTY, CITY AND COUNTY , OR CITY IMPOSING THE CIVIL20
PENALTY; OR21
(B) T
HE REGISTERED OWNER MAY SEEK TO AVOID LIABILITY FOR22
THE CIVIL PENALTY IF THE REGISTERED OWNER OF THE LEASED OR RENTED23
MOTOR VEHICLE CAN FURNISH SUFFICIENT EVIDENCE THAT , AT THE TIME24
OF THE VIOLATION, THE MOTOR VEHICLE WAS LEASED TO ANOTHER25
PERSON FOR A LEASE TERM OF MORE THAN ONE YEAR . TO AVOID LIABILITY26
FOR PAYMENT, THE REGISTERED OWNER OF THE MOTOR VEHICLE SHALL ,27
SB23-200
-8- WITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE OF VIOLATION ,1
FURNISH TO THE STATE , COUNTY, CITY AND COUNTY , OR CITY AN2
AFFIDAVIT CONTAINING THE NAME , ADDRESS, AND, IF AVAILABLE, THE3
STATE DRIVER'S LICENSE NUMBER OF THE INDIVIDUAL OR COMPANY THAT4
LEASED THE MOTOR VEHICLE . AS A CONDITION TO AVOID LIABILITY FOR5
PAYMENT OF A CIVIL PENALTY , ANY INDIVIDUAL OR COMPANY THAT6
LEASES MOTOR VEHICLES TO A PERSON SHALL INCLUDE A NOTICE IN THE7
LEASE AGREEMENT STATING THAT : THE PERSON LEASING OR RENTING THE8
MOTOR VEHICLE IS LIABLE FOR PAYMENT OF ANY PENALTIES FOR A TRAFFIC9
VIOLATION ISSUED AGAINST THE REGISTERED OWNER DURING THE PERIOD10
OF TIME FOR WHICH THE PERSON LEASES THE MOTOR VEHICLE ; THE11
REGISTERED OWNER MAY , THROUGH AN AFFIDAVIT, FURNISH THE NAME,12
ADDRESS, AND, IF AVAILABLE, THE PERSON'S STATE DRIVER'S LICENSE13
NUMBER, TO THE STATE, COUNTY, CITY AND COUNTY, OR CITY IMPOSING14
THE CIVIL PENALTY FOR ANY VIOLATION THAT OCCURS DURING THE TERM15
OF THE LEASE AGREEMENT ; AND UPON RECEIPT OF THE AFFIDAVIT, THE16
STATE, COUNTY, CITY AND COUNTY, OR CITY MAY ISSUE AND SEND, OR17
CAUSE ITS VENDOR TO ISSUE AND SEND, A NOTICE OF VIOLATION, AND IF18
NECESSARY, A CIVIL PENALTY ASSESSMENT NOTICE, BY FIRST-CLASS MAIL,19
OR BY ANY MAIL DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN20
THE UNITED STATES POSTAL SERVICE THAT IS EQUIVALENT TO OR21
SUPERIOR TO FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED ,22
RELIABILITY, AND PRICE, TO THE PERSON NAMED AS LEASING THE MOTOR23
VEHICLE.24
(XI) T
HE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED IN25
A VIOLATION OF A MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC26
VIOLATION UNDER STATE LAW MAY REBUT THE PRESUMPTION OF LIABILITY27
SB23-200
-9- FOR THE VIOLATION BY PROVING, BY A PREPONDERANCE OF THE EVIDENCE,1
THAT:2
(A) T
HE REGISTERED OWNER SOLD OR OTHERWISE TRANSFERRED3
OWNERSHIP OF THE MOTOR VEHICLE TO ANOTHER PERSON BEFORE THE4
DATE OF THE VIOLATION, AS EVIDENCED BY A BILL OF SALE OR A SIMILAR5
DOCUMENT;6
(B) T
HE REGISTERED OWNER DID NOT HAVE CUSTODY OR CONTROL7
OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION DUE TO THEFT , AS8
EVIDENCED BY A REPORT TO A LAW ENFORCEMENT AGENCY ; OR9
(C) E
XCEPT FOR THE REGISTERED OWNER OF A MOTOR VEHICLE10
LEASED OR RENTED TO ANOTHER PERSON , THE REGISTERED OWNER DID11
NOT HAVE CUSTODY OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF12
THE VIOLATION BECAUSE ANOTHER DRIVER HAD CUSTODY OR CONTROL OF13
THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION , AS EVIDENCED BY14
THE REGISTERED OWNER TESTIFYING UNDER OATH , EITHER IN A HEARING15
OR THROUGH AN AFFIDAVIT, THAT THE REGISTERED OWNER DID NOT HAVE16
CUSTODY OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE17
VIOLATION AND BY PROVIDING THE NAME , ADDRESS, AND, IF KNOWN, THE18
DATE OF BIRTH AND STATE DRIVER'S LICENSE NUMBER OF THE PERSON WHO19
HAD CUSTODY OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE20
VIOLATION. TO AVOID LIABILITY FOR PAYMENT, THE REGISTERED OWNER21
OF THE MOTOR VEHICLE SHALL, WITHIN THIRTY DAYS AFTER RECEIPT OF22
THE NOTICE OF VIOLATION, FURNISH TO THE STATE, COUNTY, CITY AND23
COUNTY, OR CITY AN AFFIDAVIT CONTAINING THE NAME , ADDRESS, AND,24
IF AVAILABLE, THE STATE DRIVER'S LICENSE NUMBER OF THE PERSON WHO25
HAD CUSTODY OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE26
VIOLATION. UPON RECEIPT OF THE AFFIDAVIT, THE STATE, COUNTY, CITY27
SB23-200
-10- AND COUNTY, OR CITY MAY ISSUE AND SEND, OR CAUSE ITS VENDOR TO1
ISSUE AND SEND, A NOTICE OF VIOLATION, AND, IF NECESSARY, A CIVIL2
PENALTY ASSESSMENT NOTICE , BY FIRST-CLASS MAIL, OR BY ANY MAIL3
DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN THE UNITED4
S
TATES POSTAL SERVICE THAT IS EQUIVALENT TO OR SUPERIOR TO5
FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED , RELIABILITY, AND6
PRICE, TO THE PERSON NAMED AS HAVING CUSTODY OR CONTROL OF THE7
MOTOR VEHICLE AT THE TIME OF THE VIOLATION .8
(b) Notwithstanding any other provision of the statutes to the9
contrary, the state, a county, a city and county, or a municipality
CITY may10
not report to the department any conviction or entry of judgment against11
a defendant for violation of a municipal traffic regulation or a traffic12
violation under state law if the violation was detected through the use of13
an automated vehicle identification system;
EXCEPT THAT, THE STATE, A14
COUNTY, A CITY AND COUNTY , OR A CITY SHALL REPORT UNPAID15
VIOLATIONS TO THE DEPARTMENT PURSUANT TO SUBSECTIONS (3)(a) AND16
(3)(b)
OF THIS SECTION.17
(c) Repealed.18
(d) (I) The state, a county, a city and county, or a municipality
19
CITY may not use an automated vehicle identification system to detect a20
violation of part 11 of this article ARTICLE 4 or a local speed ordinance21
unless there is posted an appropriate temporary
OR PERMANENT sign in a22
conspicuous place not fewer than three hundred feet before the area in23
which the automated vehicle identification device
SYSTEM is to be used24
notifying the public that an automated vehicle identification device25
SYSTEM is in use immediately ahead. The requirement of this26
subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed satisfied by27
SB23-200
-11- the posting of a permanent sign or signs at the borders of a county, city1
and county, or municipality CITY, nor by the posting of a permanent sign2
in an area in which an automated vehicle identification device SYSTEM is3
to be used, but this subparagraph (I) SUBSECTION (2)(d)(I) shall not be4
deemed a prohibition against the posting of such permanent signs.5
(II) Except as provided in subparagraph (I) of this paragraph (d)6
SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle7
identification system designed to detect disobedience to a traffic control8
signal or another violation of this article ARTICLE 4 or a local traffic9
ordinance shall not be used unless the state, county, city and county, or10
municipality CITY using such system conspicuously posts a sign notifying11
the public that an automated vehicle identification device SYSTEM is in12
use immediately ahead. The sign shall:13
(A) Be placed in a conspicuous place LOCATION not fewer than14
two hundred feet nor more than five hundred feet before the automated15
vehicle identification system; and16
(B) Use lettering that is at least four inches high for upper case17
letters and two and nine-tenths inches high for lower case letters.18
(e) (I) The state, a county, a city and county, or a municipality may19
not require a registered owner of a vehicle to disclose the identity of a20
driver of the vehicle who is detected through the use of an automated21
vehicle identification system. However, the registered owner may be22
required to submit evidence that the owner was not the driver at the time23
of the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR24
CITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION SYSTEM25
AFTER JULY 1, 2023:26
(A) T
HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE27
SB23-200
-12- IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE1
IMPLEMENTATION OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST2
THIRTY DAYS PRIOR TO THE USE OF THE SYSTEM ; AND3
(B) F
OR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED4
OR DEPLOYED, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A5
MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE6
LAW DETECTED BY THE SYSTEM .7
(II) A
STATE, COUNTY, CITY AND COUNTY, OR CITY MAY CONDUCT8
AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING PERIOD FOR9
SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER JULY 1,10
2023.11
(f) The state, a county, a city and county, or a municipality shall
12
not issue a penalty assessment notice or summons for a violation detected13
using an automated vehicle identification system unless, at the time the14
violation is alleged to have occurred, an officer or employee of the state,15
the county, the city and county, or the municipality is present during the16
operation of the automated vehicle identification device; except that this17
paragraph (f) shall not apply to an automated vehicle identification system18
designed to detect violations for disobedience to a traffic control signal.19
(g) (I) The state, a county, a city and county, or a municipality20
CITY shall not issue a NOTICE OF VIOLATION OR CIVIL penalty assessment21
notice or summons for a violation detected using an automated vehicle22
identification system unless the violation occurred within a school zone,23
as defined in section 42-4-615; within a residential neighborhood; within24
a maintenance, construction, or repair zone designated pursuant to section25
42-4-614; or along a street that borders a municipal park; OR ALONG A26
STREET OR PORTION OF A STREET THAT A MUNICIPALITY , BY ORDINANCE27
SB23-200
-13- OR BY A RESOLUTION OF ITS GOVERNING BODY , DESIGNATES AS AN1
AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , ON WHICH DESIGNATED2
CORRIDOR THE MUNICIPALITY MAY LOCATE AN AUTOMATED VEHICLE3
IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF A MUNICIPAL TRAFFIC4
REGULATION OR A TRAFFIC VIOLATION UNDER STATE LAW , SO LONG AS THE5
MUNICIPALITY POSTS A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT6
FEWER THAN THREE HUNDRED FEET BEFORE EACH POINT WHERE TRAFFIC7
ENTERS THE CORRIDOR.8
(II) For purposes of this paragraph (g) AS USED IN THIS9
SUBSECTION (2)(g), unless the context otherwise requires, "residential10
neighborhood" means any block on which a majority of the improvements11
along both sides of the street are residential dwellings and the speed limit12
is thirty-five miles per hour or less.13
(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply14
to an automated vehicle identification system designed to detect15
disobedience to a traffic control signal.16
(3) (a) The department has no authority to assess any points17
against a license under section 42-2-127 upon entry of a conviction or18
judgment for a violation of a municipal traffic regulation or a traffic19
violation under state law if the violation was detected through the use of20
an automated vehicle identification system. H
OWEVER, FOR ANY21
VIOLATION THAT IS UNPAID WITHIN SIXTY DAYS AFTER THE FINAL22
DISPOSITION OF THE VIOLATION, the department may not
SHALL keep any23
record of such THE violation REPORTED BY THE STATE, A COUNTY, A CITY24
AND COUNTY, OR A CITY in the official records maintained by the25
department under section 42-2-121
AND:26
(I) S
USPEND THE REGISTRATION OF THE MOTOR VEHICLE UNTIL THE27
SB23-200
-14- CIVIL PENALTY IS PAID; OR1
(II) P
ROHIBIT THE TITLE TRANSFER OF THE MOTOR VEHICLE .2
(b) A
TWENTY-FIVE DOLLAR ADMINISTRATION FEE IS ADDED TO3
ANY UNPAID VIOLATION SUBJECT TO THIS SECTION AND THE DEPARTMENT4
IS ENTITLED TO THE TWENTY-FIVE DOLLAR ADMINISTRATION FEE TO COVER5
ITS ADMINISTRATION OF THIS SECTION.6
(4) (a) If the state, a county, a city and county, or a municipality
7
CITY detects a speeding violation of less than ten miles per hour over the8
reasonable and prudent speed under a municipal traffic regulation or9
under state law through the use of an automated vehicle identification10
system and the violation is the first violation by such driver INVOLVING11
THE MOTOR VEHICLE that the state, county, city and county, or12
municipality CITY has detected using an automated vehicle identification13
system, then the state, county, city and county, or municipality shall CITY14
MAY mail such driver THE REGISTERED OWNER OF THE MOTOR VEHICLE a15
warning regarding the violation, and BUT the state, county, city and16
county, or municipality may CITY SHALL not impose any penalty or17
surcharge for such first violation.18
(b) (I) If the state, a county, a city and county, or a municipality19
CITY detects a second or subsequent speeding violation under a municipal20
traffic regulation or under state law by a driver INVOLVING THE MOTOR21
VEHICLE, or a first such violation by the driver INVOLVING THE MOTOR22
VEHICLE if the provisions of paragraph (a) of this subsection (4)23
SUBSECTION (4)(a) OF THIS SECTION do not apply, through the use of an24
automated vehicle identification system, then, except as may be permitted25
in subparagraph (II) of this paragraph (b) SUBSECTION (4)(b)(II) OF THIS26
SECTION, the maximum penalty that the state, county, city and county, or27
SB23-200
-15- municipality CITY may impose for such violation, including any1
surcharge, is forty dollars.2
(II) If any violation described in subparagraph (I) of this3
paragraph (b) SUBSECTION (4)(b)(I) OF THIS SECTION occurs within a4
school zone, as defined in section 42-4-615, the maximum penalty that5
may be imposed shall be doubled.6
(III) Subparagraph (I) of this paragraph (b) shall SUBSECTION7
(4)(b)(I)
OF THIS SECTION DOES not apply within a maintenance,8
construction, or repair zone designated pursuant to section 42-4-614.9
(4.5) If the state, a county, a city and county, or a municipality
10
CITY detects a violation under OF a municipal traffic regulation or TRAFFIC11
VIOLATION under state law for disobedience to a traffic control signal12
through the use of an automated vehicle identification system, the13
maximum
CIVIL penalty that the state, a county, a city and county, or a14
municipality
CITY may impose for such violation, including any15
surcharge, is seventy-five dollars.16
(4.7) If a driver REGISTERED OWNER fails to pay a penalty imposed17
for a violation
OF A MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC18
VIOLATION UNDER STATE LAW detected using an automated vehicle19
identification device
SYSTEM, the state, a county, a city and county, or a20
municipality CITY shall not attempt to enforce such a penalty by21
immobilizing the driver's REGISTERED OWNER'S vehicle.22
(5) If the state, a county, a city and county, or a municipality CITY23
has established an automated vehicle identification system for the24
enforcement of municipal traffic regulations or state traffic laws, then no25
portion of any fine collected through the use of such system may be paid26
to the manufacturer or vendor of the automated vehicle identification27
SB23-200
-16- system equipment. The compensation paid by the state, county, city and1
county, or municipality CITY for such equipment shall be based upon the2
value of such equipment
AND THE VALUE OF ANY SERVICES PROVIDED TO3
THE STATE, COUNTY, CITY AND COUNTY, OR CITY and may not be based4
upon the number of traffic citations issued or the revenue generated by5
such equipment
OR SERVICES.6
(6) (a) As used in this section, the term "automated vehicle7
identification system" means a system whereby:8
(a)
(I) A machine is used to automatically detect a violation of a9
traffic regulation and simultaneously record a photograph of the vehicle,10
the operator of the vehicle, and the license plate of the vehicle; and11
(b) (II) A NOTICE OF VIOLATION OR CIVIL penalty assessment12
notice or summons and complaint is MAY BE issued to the registered13
owner of the motor vehicle.14
(b) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A15
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR16
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF17
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,18
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE19
LANE RESTRICTIONS.20
(7) T
HE STATE, COUNTY, CITY AND COUNTY, OR CITY AND ANY21
VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM22
SHALL, UNLESS OTHERWISE PROVIDED IN THIS SECTION :23
(a) P
ROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM24
TO TAKE PHOTOGRAPHS ONLY WHEN A VIOLATION OF A MUNICIPAL25
TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS ;26
(b) T
REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE27
SB23-200
-17- AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL1
AND EXEMPT FROM DISCLOSURE AND INSPECTION PURS UANT TO THE2
"C
OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;3
(c) N
OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO4
PHOTOGRAPHS, VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY5
THE AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE6
EXTENT NECESSARY TO OPERATE THE PROGRAM , INCLUDING FOR PURPOSES7
OF PROCESSING VIOLATIONS, FOR OTHER LAW ENFORCEMENT PURPOSES ,8
OR, PURSUANT TO A COURT ORDER , FOR USE IN UNRELATED LEGAL9
PROCEEDINGS; AND10
(d) D
ESTROY ANY PHOTOGRAPHS AND VIDEO OF A VIOLATION11
COLLECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN12
THREE YEARS AFTER THE FINAL DISPOSITION OF THE VIOLATION UNLESS13
THE PHOTOGRAPHS OR VIDEO ARE MAINTAINED IN A SEPARATE SYSTEM14
FOR OTHER PURPOSES ALLOWED BY LAW .15
SECTION 2. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
SB23-200
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