First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0912.01 Josh Schultz x5486
SENATE BILL 23-200
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE UTILIZATIO N OF AUTOMATED VEHICLE101
IDENTIFICATION SYSTEMS FOR INCREASED TRAFFIC LAW102
ENFORCEMENT BY CERTAIN JURISDICTIONS , AND, IN
103
CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
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
SENATE
3rd Reading Unamended
April 21, 2023
SENATE
Amended 2nd Reading
April 20, 2023
SENATE SPONSORSHIP
Winter F., Coleman, Cutter, Fenberg, Gonzales, Hansen, Marchman, Priola
HOUSE SPONSORSHIP
Froelich and Herod,
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. detected through the use of an automated vehicle identification system
(system) from 90 days after the violation to:
! 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
200
-2- addition to compensating for the value of the system equipment as
permitted under current law.
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
(1.4) N
OTHING IN THIS SECTION APPLIES TO THE USE OF
11
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS FOR THE PURPOSE OF12
COLLECTING TOLLS, FEES, OR CIVIL PENALTIES IN ACCORDANCE WITH PART13
5
OF ARTICLE 4 OF TITLE 43 AND SECTION 43-4-808.
14
(1.5) Except for the authorization contained in subsection (1.7) of15
this section, nothing in this section shall apply APPLIES to a violation16
detected by an automated vehicle identification device SYSTEM for driving17
twenty-five miles per hour or more in excess of the reasonable and18
prudent speed or twenty-five miles per hour or more in excess of the19
maximum speed limit of seventy-five miles per hour detected by the use20
of an automated vehicle identification device SYSTEM.21
(1.7) (a) (I) Upon request from the department of transportation,22
200-3- the department of public safety shall utilize an automated vehicle1
identification system to detect speeding violations under part 11 of this2
article ARTICLE 4 within a highway maintenance, repair, or construction3
zone designated pursuant to section 42-4-614 (1)(a), if the department of4
public safety complies with subsections (2) to (6) of this section. An5
automated vehicle identification system shall not be used under this6
subsection (1.7) unless maintenance, repair, or construction is occurring7
at the time the system is being used.8
(II) The department of public safety may contract with a vendor9
to implement this subsection (1.7),
INCLUDING TO:10
(A) N
OTIFY VIOLATORS;11
(B) C
OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE12
STATE TREASURY LESS THE VENDOR 'S EXPENSES;13
(C) R
ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;14
(D) I
MPLEMENT COLLECTION EFFORTS ; AND15
(E) N
OTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID16
VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM .17
(III) If the department of public safety contracts with a vendor, the18
contract shall
MUST incorporate the processing elements specified by the19
department of public safety. The department of public safety may contract20
with the vendor to notify violators, collect and remit the penalties and21
surcharges to the state treasury less the vendor's expenses, reconcile22
payments against outstanding violations, implement collection efforts,23
and notify the department of public safety of unpaid violations for24
possible referral to the judicial system.25
(IV) No
NOTICE OF VIOLATION OR CIVIL penalty assessment or
26
summons and complaint or a penalty or surcharge for a violation detected27
200
-4- by an automated vehicle identification system under this subsection (1.7)1
shall be forwarded to the department for processing.2
(b) The department of transportation shall reimburse the3
department of public safety for the direct and indirect costs of complying4
with this subsection (1.7).5
(2) A municipality may adopt an ordinance authorizing the use of6
an automated vehicle identification system to detect violations of traffic7
regulations adopted by the municipality, or the state, a county, a city and8
county, or a municipality may utilize an automated vehicle identification9
system to detect traffic violations under state law, subject to the following10
conditions and limitations:11
(a) (I) (Deleted by amendment, L. 2002, p. 570, ยง 1, effective May12
24, 2002.)13
(II) If the state, a county, a city and county, or a municipality14
detects any alleged violation of a municipal traffic regulation or a traffic15
violation under state law through the use of an automated vehicle16
identification system, then the state, county, city and county, or17
municipality shall serve the penalty assessment notice or summons and18
complaint for the alleged violation on the defendant no later than ninety19
days after the alleged violation occurred. If a penalty assessment notice20
or summons and complaint for a violation detected using an automated21
vehicle identification system is personally served, the state, a county, a22
city and county, or a municipality may only charge the actual costs of23
service of process that shall be no more than the amount usually charged24
for civil service of process ISSUE, OR CAUSE ITS VENDOR TO ISSUE, TO THE25
DRIVER OF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION , BY26
FIRST-CLASS MAIL, OR BY ANY MAIL DELIVERY SERVICE OFFERED BY AN27
200
-5- ENTITY OTHER THAN THE UNITED STATES POSTAL SERVICE THAT IS1
EQUIVALENT TO OR SUPERIOR TO FIRST -CLASS MAIL WITH RESPECT TO2
DELIVERY SPEED, RELIABILITY, AND PRICE, A NOTICE OF VIOLATION:3
(A) W
ITHIN THIRTY DAYS AFTER THE ALLEGED VIOLATION4
OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION5
IS REGISTERED IN THE STATE; OR6
(B) W
ITHIN SIXTY DAYS AFTER THE ALLEGED VIOLATION7
OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION8
IS REGISTERED OUTSIDE OF THE STATE.9
(III) T
HE NOTICE OF VIOLATION MUST CONTAIN :10
(A) T
HE NAME AND ADDRESS OF THE DRIVER
OF THE MOTOR11
VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;12
(B) T
HE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE13
INVOLVED IN THE ALLEGED VIOLATION ;14
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;15
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE16
ALLEGED VIOLATION;17
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL18
PENALTY AND FOR DISPUTING THE ALLEGED VIOLATION ; AND19
(F) I
NFORMATION ON HOW THE DRIVER
MAY EITHER DISPUTE THE20
ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED CIVIL21
PENALTY.22
(IV) I
F THE STATE, A COUNTY, A CITY AND COUNTY , OR A23
MUNICIPALITY
DOES NOT RECEIVE THE PRESCRIBED CIVIL PENALTY OR A24
WRITTEN NOTICE REQUESTING A HEARING TO DISPUTE THE ALLEGED25
VIOLATION BY THE DEADLINE STATED ON THE NOTICE OF VIOLATION ,26
WHICH DEADLINE MUST NOT BE LESS THAN FORTY -FIVE DAYS AFTER THE27
200
-6- ISSUANCE DATE ON THE NOTICE OF VIOLATION , THE STATE, COUNTY, CITY1
AND COUNTY, OR MUNICIPALITY SHALL ISSUE, OR CAUSE ITS VENDOR TO2
ISSUE, BY FIRST-CLASS MAIL, OR BY ANY MAIL DELIVERY SERVICE OFFERED3
BY AN ENTITY OTHER THAN THE UNITED STATES POSTAL SERVICE THAT IS4
EQUIVALENT TO OR SUPERIOR TO FIRST -CLASS MAIL WITH RESPECT TO5
DELIVERY SPEED, RELIABILITY, AND PRICE, A CIVIL PENALTY ASSESSMENT6
NOTICE FOR THE ALLEGED VIOLATION TO THE DRIVER OF THE MOTOR7
VEHICLE INVOLVED IN THE ALLEGED VIOLATION NO LATER THAN THIRTY8
DAYS AFTER THE DEADLINE ON THE NOTICE OF VIOLATION .9
(V) T
HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :10
(A) T
HE NAME AND ADDRESS OF THE DRIVER
OF THE MOTOR11
VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;12
(B) T
HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE13
ALLEGED VIOLATION;14
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;15
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE16
ALLEGED VIOLATION;17
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL18
PENALTY;
19
(F) I
NFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL20
PENALTY; AND
21
(G) A
NOTICE THAT AN UNPAID PENALTY WILL BE REPORTED TO
22
THE DEPARTMENT AND WILL RESULT IN THE DEPARTMENT PROHIBITING23
THE RENEWAL OF THE REGISTRATION OF THE MOTOR VEHICLE OR24
PROHIBITING THE TRANSFER OF TITLE OF THE MOTOR VEHICLE AND THAT25
A TWENTY-FIVE DOLLAR ADMINISTRATION FEE IS ADDED TO ANY UNPAID26
VIOLATION SUBJECT TO THIS SECTION.27
200
-7- (VI) IF THE DRIVER OF THE MOTOR VEHICLE FAILS TO REQUEST A1
HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE DEADLINE STATED2
IN THE NOTICE OF VIOLATION, THE DRIVER WAIVES ANY RIGHT TO CONTEST3
THE VIOLATION OR THE AMOUNT OF THE PRESCRIBED CIVIL PENALTY .4
(VII) I
F THE DRIVER
OF THE MOTOR VEHICLE FAILS TO PAY IN FULL5
THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN THE CIVIL6
PENALTY ASSESSMENT NOTICE , A FINAL ORDER OF LIABILITY SHALL BE7
ENTERED AGAINST THE REGISTERED OWNER OF THE VEHICLE .8
(VIII) F
INAL ORDERS MAY BE APPEALED AS TO MATTERS OF LAW
9
AND FACT TO THE COUNTY COURT IN THE COUNTY WHERE THE ALLEGED10
VIOLATION OCCURRED. THE APPEAL SHALL BE A DE NOVO HEARING .11
12
(b) Notwithstanding any other provision of the statutes to the13
contrary, the state, a county, a city and county, or a municipality CITY may14
not report to the department any conviction or entry of judgment against15
a defendant for violation of a municipal traffic regulation or a traffic16
violation under state law if the violation was detected through the use of17
an automated vehicle identification system;
EXCEPT THAT, THE STATE, A18
COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
SHALL REPORT UNPAID19
VIOLATIONS TO THE DEPARTMENT PURSUANT TO SUBSECTIONS (3)(a) AND20
(3)(b)
OF THIS SECTION.21
(c) Repealed.22
(d) (I) The state, a county, a city and county, or a municipality
23
CITY may not use an automated vehicle identification system to detect a24
violation of part 11 of this article ARTICLE 4 or a local speed ordinance25
unless there is posted an appropriate temporary
OR PERMANENT sign in a26
conspicuous place not fewer than three hundred feet before the area in27
200
-8- which the automated vehicle identification device SYSTEM is to be used1
notifying the public that an automated vehicle identification device2
SYSTEM is in use immediately ahead. The requirement of this3
subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed satisfied by4
the posting of a permanent sign or signs at the borders of a county, city5
and county, or municipality CITY, nor by the posting of a permanent sign6
in an area in which an automated vehicle identification device SYSTEM is7
to be used, but this subparagraph (I) SUBSECTION (2)(d)(I) shall not be8
deemed a prohibition against the posting of such permanent signs.9
(II) Except as provided in subparagraph (I) of this paragraph (d)10
SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle11
identification system designed to detect disobedience to a traffic control12
signal or another violation of this article ARTICLE 4 or a local traffic13
ordinance shall not be used unless the state, county, city and county, or14
municipality CITY using such system conspicuously posts a sign notifying15
the public that an automated vehicle identification device SYSTEM is in16
use immediately ahead. The sign shall:17
(A) Be placed in a conspicuous place LOCATION not fewer than18
two hundred feet nor more than five hundred feet before the automated19
vehicle identification system; and20
(B) Use lettering that is at least four inches high for upper case21
letters and two and nine-tenths inches high for lower case letters.22
(e) (I) The state, a county, a city and county, or a municipality may23
not require a registered owner of a vehicle to disclose the identity of a24
driver of the vehicle who is detected through the use of an automated25
vehicle identification system. However, the registered owner may be26
required to submit evidence that the owner was not the driver at the time27
200
-9- of the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR1
MUNICIPALITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION2
SYSTEM AFTER JULY 1, 2023, THAT IS NOT A REPLACEMENT OF AN3
AUTOMATED VEHICLE IDENTIFICATION SYSTEM :4
(A) T
HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE5
IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE6
IMPLEMENTATION OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST7
THIRTY DAYS PRIOR TO THE USE OF THE SYSTEM ; AND8
(B) F
OR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED9
OR DEPLOYED, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A10
MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE11
LAW DETECTED BY THE SYSTEM .12
(II) A
STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
MAY13
CONDUCT AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING14
PERIOD FOR SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER15
J
ULY 1, 2023.16
(f) The state, a county, a city and county, or a municipality shall
17
not issue a penalty assessment notice or summons for a violation detected18
using an automated vehicle identification system unless, at the time the19
violation is alleged to have occurred, an officer or employee of the state,20
the county, the city and county, or the municipality is present during the21
operation of the automated vehicle identification device; except that this22
paragraph (f) shall not apply to an automated vehicle identification system23
designed to detect violations for disobedience to a traffic control signal.24
(g) (I) The state, a county, a city and county, or a municipality25
shall not issue a
NOTICE OF VIOLATION OR CIVIL penalty assessment notice26
or summons
for a violation detected using an automated vehicle27
200
-10- identification system unless the violation occurred within a school zone,1
as defined in section 42-4-615; within a residential neighborhood; within2
a maintenance, construction, or repair zone designated pursuant to section3
42-4-614; or along a street that borders a municipal park; OR ALONG A 4
STREET OR PORTION OF A STREET THAT A COUNTY OR MUNICIPALITY , BY5
ORDINANCE OR BY A RESOLUTION OF ITS GOVERNING BODY , DESIGNATES6
AS AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , ON WHICH7
DESIGNATED CORRIDOR THE COUNTY OR MUNICIPALITY MAY LOCATE AN8
AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF9
A MUNICIPAL TRAFFIC REGULATION , VIOLATIONS OF A COUNTY TRAFFIC10
CODE, OR A TRAFFIC VIOLATION UNDER STATE LAW. BEFORE A COUNTY OR11
MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION12
CORRIDOR, THE MUNICIPALITY MUST:13
(A) P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
14
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR15
AND A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE16
EACH CAMERA WITHIN THE CORRIDOR THEREAFTER ;17
(B) I
LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST
18
FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR19
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED20
VEHICLE IDENTIFICATION CORRIDOR; AND21
(C) C
OORDINATE BETWEEN THE LOCAL JURISDICTION , THE
22
DEPARTMENT OF TRANSPORTATION , AND THE COLORADO STATE PATROL.23
(II) For purposes of this paragraph (g) AS USED IN THIS24
SUBSECTION (2)(g), unless the context otherwise requires, "residential25
neighborhood" means any block on which a majority of the improvements26
along both sides of the street are residential dwellings and the speed limit27
200
-11- is thirty-five miles per hour or less.1
(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply2
to an automated vehicle identification system designed to detect3
disobedience to a traffic control signal.4
(IV) A
COUNTY OR MUNICIPALITY IMPLEMENTING AN AUTOMATED
5
VEHICLE IDENTIFICATION CORRIDOR PURSUANT TO SUBSECTION (2)(g)(I)6
OF THIS SECTION SHALL PUBLISH A REPORT ON ITS WEBSITE DISCLOSING7
THE NUMBER OF CITATIONS AND REVENUE GENERATED BY THE8
AUTOMATED VEHICLE IDENTIFICATION CORRIDOR .9
(3) (a) The department has no authority to assess any points10
against a license under section 42-2-127 upon entry of a conviction or11
judgment for a 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. H
OWEVER, FOR ANY14
VIOLATION THAT IS UNPAID WITHIN SIXTY DAYS AFTER THE FINAL15
DISPOSITION OF THE VIOLATION, the department may not
SHALL keep any16
record of such THE violation REPORTED BY THE STATE, A COUNTY, A CITY17
AND COUNTY, OR A MUNICIPALITY in the official records maintained by the18
department under section 42-2-121
AND:19
(I) P
ROHIBIT THE RENEWAL OF
THE REGISTRATION OF THE MOTOR20
VEHICLE UNTIL THE CIVIL PENALTY AND THE FEE ASSESSED PURSUANT TO21
THIS SECTION ARE PAID; AND22
(II) P
ROHIBIT THE TITLE TRANSFER OF THE MOTOR VEHICLE UNTIL
23
THE CIVIL PENALTY AND THE FEE ASSESSED PURSUANT TO THIS SECTION24
ARE PAID.25
(b) A
TWENTY-FIVE DOLLAR ADMINISTRATION FEE IS ADDED TO26
ANY UNPAID VIOLATION SUBJECT TO THIS SECTION AND THE DEPARTMENT27
200
-12- IS ENTITLED TO THE TWENTY-FIVE DOLLAR ADMINISTRATION FEE TO COVER1
ITS ADMINISTRATION OF THIS SECTION. THE STATE, COUNTY, CITY AND2
COUNTY, OR MUNICIPALITY ISSUING THE VIOLATION SHALL DISCLOSE THE3
TWENTY-FIVE DOLLAR ADMINISTRATION FEE IN THE FINAL ORDER OF4
LIABILITY. FEES COLLECTED PURSUANT TO THIS SECTION SHALL BE5
TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT THE SAME6
TO THE COLORADO DRIVES VEHICLE SERVICES ACCOUNT CREATED IN7
SECTION 42-1-211 (2).8
(4) (a) If the state, a county, a city and county, or a municipality9
detects a speeding violation of less than ten miles per hour over the10
reasonable and prudent speed under a municipal traffic regulation or11
under state law through the use of an automated vehicle identification12
system and the violation is the first violation by such THE driver that the13
state, county, city and county, or municipality has detected using an14
automated vehicle identification system, then the state, county, city and15
county, or municipality shall MAY mail such THE driver a warning16
regarding the violation, and BUT the state, county, city and county, or17
municipality may SHALL not impose any penalty or surcharge for such18
first violation.19
(b) (I) If the state, a county, a city and county, or a municipality20
detects a second or subsequent speeding violation under a municipal21
traffic regulation or under state law by a THE driver, or a first such22
violation by the driver, if the provisions of paragraph (a) of this23
subsection (4) SUBSECTION (4)(a) OF THIS SECTION do not apply, through24
the use of an automated vehicle identification system, then, except as may25
be permitted in subparagraph (II) of this paragraph (b) SUBSECTION26
(4)(b)(II)
OF THIS SECTION, the maximum penalty that the state, county,27
200
-13- city and county, or municipality may impose for such violation, including1
any 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
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 fails to pay a penalty imposed for a violation OF17
A MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC VIOLATION UNDER STATE18
LAW detected using an automated vehicle identification device SYSTEM,19
the state, a county, a city and county, or a municipality shall not attempt20
to enforce such a penalty by immobilizing the driver's vehicle.21
(5) If the state, a county, a city and county, or a municipality has22
established an automated vehicle identification system for the23
enforcement of municipal traffic regulations or state traffic laws, then no24
portion of any fine collected through the use of such system may be paid25
to the manufacturer or vendor of the automated vehicle identification26
system equipment. The compensation paid by the state, county, city and27
200
-14- county, or municipality CITY for such equipment shall be based upon the1
value of such equipment
AND THE VALUE OF ANY SERVICES PROVIDED TO2
THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
and may not3
be based upon the number of traffic citations issued or the revenue4
generated by such equipment
OR SERVICES.5
(6) (a) As used in this section, the term "automated vehicle6
identification system" means a system whereby:7
(a)
(I) A machine is used to automatically detect a violation of a8
traffic regulation and simultaneously record a photograph of the vehicle,9
the operator of the vehicle, and the license plate of the vehicle; and10
(b) (II) A NOTICE OF VIOLATION OR CIVIL penalty assessment11
notice or summons and complaint is MAY BE issued to the registered12
owner DRIVER of the motor vehicle.13
(b) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A14
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR15
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF16
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,17
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE18
LANE RESTRICTIONS.19
(7) T
HE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
20
AND ANY VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION21
SYSTEM SHALL, UNLESS OTHERWISE PROVIDED IN THIS SECTION :22
(a) P
ROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM23
TO RETAIN DATA
ONLY WHEN A VIOLATION OF A MUNICIPAL TRAFFIC24
REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS ;25
(b) T
REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE26
AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL27
200
-15- AND EXEMPT FROM DISCLOSURE AND INSPECTION PURSUANT TO THE1
"C
OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;2
(c) N
OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO3
PHOTOGRAPHS, VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY4
THE AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE5
EXTENT NECESSARY TO OPERATE THE PROGRAM , INCLUDING FOR PURPOSES6
OF PROCESSING VIOLATIONS, FOR OTHER LAW ENFORCEMENT PURPOSES ,7
FOR TRANSFERRING DATA TO A NEW VENDOR OR OPERATING SYSTEM ,
OR,8
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. Effective date. This act takes effect upon passage;
16
except that sections 42-4-110.5 (2)(a)(V)(G), (3)(a)(I), (3)(a)(II), and17
(3)(b), Colorado Revised Statutes, as enacted in section 1 of this act, take18
effect June 1, 2024.19
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal20
year, $154,516 is appropriated to the department of revenue. This21
appropriation is from the Colorado DRIVES vehicle services account in22
the highway users tax fund created in section 42-1-211 (2), C.R.S. To23
implement this act, the department may use this appropriation as follows:24
(a) $133,280 for DRIVES maintenance and support; and25
(b) $21,236 for the purchase of information technology services.26
(2) For the 2023-24 state fiscal year, $21,236 is appropriated to27
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This appropriation is from reappropriated funds received from the2
department of revenue under subsection (1)(b) of this section. To3
implement this act, the office may use this appropriation to provide4
information technology services for the department of revenue.5
SECTION 4. Safety clause. The general assembly hereby finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety.8
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