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. 23-0912.01 Josh Schultz x5486
SENATE BILL 23-200
Senate Committees House Committees
Transportation & Energy Transportation, Housing & Local Government
Appropriations Appropriations
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:
HOUSE
Amended 2nd Reading
May 1, 2023
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. ! 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.
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
(1.4) 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
the department of public safety shall utilize an automated vehicle23
200-3- identification system to detect speeding violations under part 11 of this1
article ARTICLE 4 within a highway maintenance, repair, or construction2
zone designated pursuant to section 42-4-614 (1)(a), if the department of3
public safety complies with subsections (2) to (6) of this section. An4
automated vehicle identification system shall not be used under this5
subsection (1.7) unless maintenance, repair, or construction is occurring6
at the time the system is being used.7
(II) The department of public safety may contract with a vendor8
to implement this subsection (1.7),
INCLUDING TO:9
(A) N
OTIFY VIOLATORS;10
(B) C
OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE11
STATE TREASURY LESS THE VENDOR 'S EXPENSES;12
(C) R
ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;13
(D) I
MPLEMENT COLLECTION EFFORTS ; AND14
(E) N
OTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID15
VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM .16
(III) If the department of public safety contracts with a vendor, the17
contract shall
MUST incorporate the processing elements specified by the18
department of public safety. The department of public safety may contract19
with the vendor to notify violators, collect and remit the penalties and20
surcharges to the state treasury less the vendor's expenses, reconcile21
payments against outstanding violations, implement collection efforts,22
and notify the department of public safety of unpaid violations for23
possible referral to the judicial system.24
(IV) No
NOTICE OF VIOLATION OR CIVIL penalty assessment or
25
summons and complaint or a penalty or surcharge for a violation detected26
by an automated vehicle identification system under this subsection (1.7)27
200
-4- shall be forwarded to the department for processing.1
(b) The department of transportation shall reimburse the2
department of public safety for the direct and indirect costs of complying3
with this subsection (1.7).4
(2) A COUNTY OR municipality may adopt an ordinance5
authorizing the use of an automated vehicle identification system to detect6
violations of traffic regulations adopted by the COUNTY OR municipality,7
or the state, a county, a city and county, or a municipality may utilize an8
automated vehicle identification system to detect traffic violations under9
state law, subject to the following conditions and limitations:10
(a) (I) (Deleted by amendment, L. 2002, p. 570, ยง 1, effective May11
24, 2002.)12
(II) If the state, a county, a city and county, or a municipality13
detects any alleged violation of a COUNTY OR municipal traffic regulation14
or a traffic violation under state law through the use of an automated15
vehicle identification system, then the state, county, city and county, or16
municipality shall serve the penalty assessment notice or summons and17
complaint for the alleged violation on the defendant no later than ninety18
days after the alleged violation occurred. If a penalty assessment notice19
or summons and complaint for a violation detected using an automated20
vehicle identification system is personally served, the state, a county, a21
city and county, or a municipality may only charge the actual costs of22
service of process that shall be no more than the amount usually charged23
for civil service of process ISSUE, OR CAUSE ITS VENDOR TO ISSUE, TO THE24
REGISTERED OWNER OF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED25
VIOLATION, BY FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL26
DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN THE UNITED27
200
-5- STATES POSTAL SERVICE THAT IS EQUIVALENT TO OR SUPERIOR TO1
FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED , RELIABILITY, AND2
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
REGISTERED OWNER OF THE11
MOTOR 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
REGISTERED OWNER MAY EITHER20
DISPUTE THE ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED21
CIVIL 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, PERSONAL SERVICE, 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, A CIVIL PENALTY ASSESSMENT NOTICE FOR THE ALLEGED7
VIOLATION TO THE
REGISTERED OWNER OF THE MOTOR VEHICLE INVOLVED8
IN THE ALLEGED VIOLATION NO LATER THAN THIRTY DAYS AFTER THE9
DEADLINE ON THE NOTICE OF VIOLATION .10
(V) T
HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :11
(A) T
HE NAME AND ADDRESS OF THE
REGISTERED OWNER OF THE12
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;13
(B) T
HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE14
ALLEGED VIOLATION;15
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;16
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE17
ALLEGED VIOLATION;18
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL19
PENALTY;
20
(F) I
NFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL21
PENALTY; AND
22
23
(VI) I
F THE
REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO24
REQUEST A HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE25
DEADLINE STATED IN THE NOTICE OF VIOLATION, THE REGISTERED OWNER26
WAIVES ANY RIGHT TO CONTEST THE VIOLATION OR THE AMOUNT OF THE27
200
-7- PRESCRIBED CIVIL PENALTY.1
(VII) I
F THE
REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO2
PAY IN FULL THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN3
THE CIVIL PENALTY ASSESSMENT NOTICE , A FINAL ORDER OF LIABILITY4
SHALL BE ENTERED AGAINST THE REGISTERED OWNER OF THE VEHICLE .5
(VIII) F
INAL ORDERS MAY BE APPEALED AS TO MATTERS OF LAW
6
AND FACT TO THE COUNTY COURT IN THE COUNTY WHERE THE ALLEGED7
VIOLATION OR THE MUNICIPAL COURT IN THE MUNICIPALITY WHERE THE8
ALLEGED VIOLATION OCCURRED. THE REGISTERED OWNER OF THE MOTOR9
VEHICLE MAY ASSERT IN AN APPEAL THAT A NOTICE OF VIOLATION SERVED10
BY FIRST-CLASS MAIL OR OTHER MAIL DELIVERY SERVICE WAS NOT11
ACTUALLY DELIVERED. THE APPEAL SHALL BE A DE NOVO HEARING .12
(IX) THE STATE, A COUNTY, A CITY AND COUNTY , OR A13
MUNICIPALITY SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION14
AGAINST A REGISTERED OWNER OF A MOTOR VEHICLE FOR A DEBT15
RESULTING FROM AN UNPAID PENALTY ASSESSED PURSUANT TO THIS16
SECTION UNLESS THE REGISTERED OWNER IS PERSONALLY SERVED THE17
NOTICE OF VIOLATION OR THE FINAL ORDER OF LIABILITY .18
19
(b) Notwithstanding any other provision of the statutes to the20
contrary, the state, a county, a city and county, or a municipality may21
SHALL not report to the department any conviction or entry of judgment22
against a defendant for violation of a COUNTY OR municipal traffic23
regulation or a traffic violation under state law if the violation was24
detected through the use of an automated vehicle identification system.25
(c) Repealed.26
(d) (I) The state, a county, a city and county, or a municipality27
200
-8- may SHALL not use an automated vehicle identification system to detect1
a violation of part 11 of this article ARTICLE 4 or a local speed ordinance2
unless there is posted an appropriate temporary
OR PERMANENT sign in a3
conspicuous place not fewer than three hundred feet before the area in4
which the automated vehicle identification device
SYSTEM is to be used5
notifying the public that an automated vehicle identification device6
SYSTEM is in use immediately ahead. The requirement of this7
subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed satisfied by8
the posting of a permanent sign or signs at the borders of a county, city9
and county, or municipality, nor by the posting of a permanent sign in an10
area in which an automated vehicle identification device SYSTEM is to be11
used, but this subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed12
a prohibition against the posting of such permanent signs.13
(II) Except as provided in subparagraph (I) of this paragraph (d)14
SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle15
identification system designed to detect disobedience to a traffic control16
signal or another violation of this article ARTICLE 4 or a local traffic17
ordinance shall not be used unless the state, county, city and county, or18
municipality using such system conspicuously posts a sign notifying the19
public that an automated vehicle identification device SYSTEM is in use20
immediately ahead. The sign shall:21
(A) Be placed in a conspicuous place LOCATION not fewer than22
two hundred feet nor more than five hundred feet before the automated23
vehicle identification system; and24
(B) Use lettering that is at least four inches high for upper case25
letters and two and nine-tenths inches high for lower case letters.26
(e) (I) The state, a county, a city and county, or a municipality may27
200
-9- not require a registered owner of a vehicle to disclose the identity of a1
driver of the vehicle who is detected through the use of an automated2
vehicle identification system. However, the registered owner may be3
required to submit evidence that the owner was not the driver at the time4
of the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR5
MUNICIPALITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION6
SYSTEM AFTER JULY 1, 2023, THAT IS NOT A REPLACEMENT OF AN7
AUTOMATED VEHICLE IDENTIFICATION SYSTEM :8
(A) T
HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE9
IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE10
IMPLEMENTATION OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST11
THIRTY DAYS PRIOR TO THE USE OF THE SYSTEM ; AND12
(B) F
OR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED13
OR DEPLOYED, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A14
COUNTY OR MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION15
UNDER STATE LAW DETEC TED BY THE SYSTEM .16
(II) A
STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
MAY17
CONDUCT AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING18
PERIOD FOR SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER19
J
ULY 1, 2023.20
(f) The state, a county, a city and county, or a municipality shall
21
not issue a penalty assessment notice or summons for a violation detected22
using an automated vehicle identification system unless, at the time the23
violation is alleged to have occurred, an officer or employee of the state,24
the county, the city and county, or the municipality is present during the25
operation of the automated vehicle identification device; except that this26
paragraph (f) shall not apply to an automated vehicle identification system27
200
-10- designed to detect violations for disobedience to a traffic control signal.1
(g) (I) The state, a county, a city and county, or a municipality2
shall not issue a
NOTICE OF VIOLATION OR CIVIL penalty assessment notice3
or summons
for a violation detected using an automated vehicle4
identification system unless the violation occurred within a school zone,5
as defined in section 42-4-615; within a residential neighborhood; within6
a maintenance, construction, or repair zone designated pursuant to section7
42-4-614; or along a street that borders a municipal park; OR ALONG A 8
STREET OR PORTION OF A STREET THAT A COUNTY OR MUNICIPALITY , BY9
ORDINANCE OR BY A RESOLUTION OF ITS GOVERNING BODY , DESIGNATES10
AS AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , ON WHICH11
DESIGNATED CORRIDOR THE COUNTY OR MUNICIPALITY MAY LOCATE AN12
AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF13
A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC VIOLATION14
UNDER STATE LAW . BEFORE A COUNTY OR MUNICIPALITY BEGINS15
OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IN AN16
AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , THE COUNTY OR17
MUNICIPALITY MUST:18
(A) P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
19
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR20
AND A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE21
EACH CAMERA WITHIN THE CORRIDOR THEREAFTER OR A TEMPORARY SIGN22
NOT FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE CAMERA ;23
(B) I
LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST
24
FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR25
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED26
VEHICLE IDENTIFICATION CORRIDOR; AND27
200
-11- (C) COORDINATE BETWEEN THE LOCAL JURISDICTION , THE1
DEPARTMENT OF TRANSPORTATION , AND THE COLORADO STATE PATROL.2
(II) For purposes of this paragraph (g) AS USED IN THIS3
SUBSECTION (2)(g), unless the context otherwise requires, "residential4
neighborhood" means any block on which a majority of the improvements5
along both sides of the street are residential dwellings and the speed limit6
is thirty-five miles per hour or less.7
(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply8
to an automated vehicle identification system designed to detect9
disobedience to a traffic control signal.10
(IV) A
COUNTY OR MUNICIPALITY IMPLEMENTING AN AUTOMATED
11
VEHICLE IDENTIFICATION CORRIDOR PURSUANT TO SUBSECTION (2)(g)(I)12
OF THIS SECTION SHALL PUBLISH A REPORT ON ITS WEBSITE DISCLOSING13
THE NUMBER OF CITATIONS AND REVENUE GENERATED BY THE14
AUTOMATED VEHICLE IDENTIFICATION CORRIDOR .15
(V) (A) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION16
(2)(g)(I) OF THIS SECTION, THE STATE MAY LOCATE AN AUTOMATED17
VEHICLE IDENTIFICATION SYSTEM ON A HIGHWAY THAT IS A PART OF THE18
FEDERAL INTERSTATE HIGHWAY SYSTEM AND MAY ISSUE A NOTICE OF19
VIOLATION OR A CIVIL PENALTY ASSESSMENT NOTICE FOR A TRAFFIC20
VIOLATION UNDER STATE LAW DETECTED USING THE AUTOMATED VEHICLE21
IDENTIFICATION SYSTEM.22
(B) A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY SHALL23
NOT LOCATE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM OR CREATE 24
AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON ANY HIGHWAY25
THAT IS A PART OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM .26
(h) THE STATE, A COUNTY, A CITY AND COUNTY, OR A27
200
-12- MUNICIPALITY SHALL NOT REQUIRE A REGISTERED OWNER OF A VEHICLE1
TO DISCLOSE THE IDENTITY OF A DRIVER OF THE VEHICLE WHO IS2
DETECTED THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION3
SYSTEM. HOWEVER, THE REGISTERED OWNER MAY BE REQUIRED TO4
SUBMIT EVIDENCE THAT THE OWNER WAS NOT THE DRIVER AT THE TIME OF5
THE ALLEGED VIOLATION.6
(3) The department has no authority to assess any points7
against a license under section 42-2-127 upon entry of a conviction or8
judgment for a violation of a COUNTY OR municipal traffic regulation or9
a traffic violation under state law if the violation was detected through the10
use of an automated vehicle identification system. The department may11
SHALL not keep any record of such violation in the official records12
maintained by the department under section 42-2-121. 13
(4) (a) If the state, a county, a city and county, or a municipality14
detects a speeding violation of less than ten miles per hour over the15
reasonable and prudent speed under a COUNTY OR municipal traffic16
regulation or under state law through the use of an automated vehicle17
identification system and the violation is the first violation by such driver18
THE REGISTERED OWNER that the state, county, city and county, or19
municipality has detected using an automated vehicle identification20
system, then the state, county, city and county, or municipality shall MAY21
mail such driver THE REGISTERED OWNER a warning regarding the22
violation, and BUT the state, county, city and county, or municipality may23
SHALL not impose any penalty or surcharge for such first violation.24
(b) (I) If the state, a county, a city and county, or a municipality25
detects a second or subsequent speeding violation under a COUNTY OR26
municipal traffic regulation or under state law by a driver THE27
200
-13- REGISTERED OWNER, or a first such violation by the driver REGISTERED1
OWNER, if the provisions of paragraph (a) of this subsection (4)2
SUBSECTION (4)(a) OF THIS SECTION do not apply, through the use of an3
automated vehicle identification system, then, except as may be permitted4
in subparagraph (II) of this paragraph (b) SUBSECTION (4)(b)(II) OF THIS5
SECTION, the maximum penalty that the state, county, city and county, or6
municipality may impose for such violation, including any surcharge, is7
forty dollars.8
(II) If any violation described in subparagraph (I) of this9
paragraph (b) SUBSECTION (4)(b)(I) OF THIS SECTION occurs within a10
school zone, as defined in section 42-4-615, the maximum penalty that11
may be imposed shall be doubled.12
(III) Subparagraph (I) of this paragraph (b) shall SUBSECTION13
(4)(b)(I)
OF THIS SECTION DOES not apply within a maintenance,14
construction, or repair zone designated pursuant to section 42-4-614.15
(4.5) If the state, a county, a city and county, or a municipality
16
detects a violation under OF a COUNTY OR municipal traffic regulation or17
TRAFFIC VIOLATION under state law for disobedience to a traffic control18
signal through the use of an automated vehicle identification system, the19
maximum
CIVIL penalty that the state, a county, a city and county, or a20
municipality may impose for such violation, including any surcharge, is21
seventy-five dollars.22
(4.7) If a driver REGISTERED OWNER fails to pay a penalty imposed23
for a violation
OF A
COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A24
TRAFFIC VIOLATION UNDER STATE LAW detected using an automated25
vehicle identification device SYSTEM, the state, a county, a city and26
county, or a municipality shall not attempt to enforce such a penalty by27
200
-14- immobilizing the driver's REGISTERED OWNER'S vehicle.1
(5) If the state, a county, a city and county, or a municipality has2
established an automated vehicle identification system for the3
enforcement of COUNTY OR municipal traffic regulations or state traffic4
laws, then no portion of any fine collected through the use of such system5
may be paid to the manufacturer or vendor of the automated vehicle6
identification system equipment. The compensation paid by the state,7
county, city and county, or municipality for such equipment shall be8
based upon the value of such equipment
AND THE VALUE OF ANY9
SERVICES PROVIDED TO THE STATE , COUNTY, CITY AND COUNTY, OR10
MUNICIPALITY
and may not be based upon the number of traffic citations11
issued or the revenue generated by such equipment
OR SERVICES.12
(6) (a) As used in this section, the term "automated vehicle13
identification system" means a system whereby:14
(a)
(I) A machine is used to automatically detect a violation of a15
traffic regulation and simultaneously record a photograph of the vehicle,16
the operator of the vehicle, and the license plate of the vehicle; and17
(b) (II) A NOTICE OF VIOLATION OR CIVIL penalty assessment18
notice or summons and complaint is MAY BE issued to the registered19
owner of the motor vehicle.20
(b) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A21
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR22
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF23
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,24
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE25
LANE RESTRICTIONS.26
(7) T
HE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
27
200
-15- AND ANY VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION1
SYSTEM SHALL, UNLESS OTHERWISE PROVIDED IN THIS SECTION :2
(a) P
ROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM3
TO RETAIN DATA
ONLY WHEN A VIOLATION OF A COUNTY OR MUNICIPAL4
TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS ;5
(b) T
REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE6
AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL7
AND EXEMPT FROM DISCLOSURE AND INSPECTION PURSUANT TO THE8
"C
OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;9
(c) N
OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO10
PHOTOGRAPHS, VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY11
THE AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE12
EXTENT NECESSARY TO OPERATE THE PROGRAM , INCLUDING FOR PURPOSES13
OF PROCESSING VIOLATIONS, FOR OTHER LAW ENFORCEMENT PURPOSES ,14
FOR TRANSFERRING DATA TO A NEW VENDOR OR OPERATING SYSTEM ,
OR,15
PURSUANT TO A COURT ORDER , FOR USE IN UNRELATED LEGAL16
PROCEEDINGS; AND17
(d) D
ESTROY ANY PHOTOGRAPHS AND VIDEO OF A VIOLATION18
COLLECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN19
THREE YEARS AFTER THE FINAL DISPOSITION OF THE VIOLATION UNLESS20
THE PHOTOGRAPHS OR VIDEO ARE MAINTAINED IN A SEPARATE SYSTEM21
FOR OTHER PURPOSES ALLOWED BY LAW .22
SECTION 2. Effective date. This act takes effect upon passage;
23
except that sections 42-4-110.5 (2)(a)(V)(G), (3)(a)(I), (3)(a)(II), and24
(3)(b), Colorado Revised Statutes, as enacted in section 1 of this act, take25
effect June 1, 2024.26
27
200
-16- SECTION 3. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
200
-17-