Colorado 2024 Regular Session

Colorado Senate Bill SB079 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0466.01 Jery Payne x2157
1	8		SENATE BILL 24-079
2		-	~~BY SENATOR(S) Hinrichsen and Smallwood, Gonzales, Lundeen, Priola,~~
3		-	~~Zenzinger;~~
4		-	~~also REPRESENTATIVE(S) Mabrey and Weinberg, Ortiz.~~
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Transportation, Housing & Local Government
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING AUTHORIZATION FOR A TWO -WHEELED MOTORCYCLE TO
7		-	OVERTAKE ANOTHER MOTOR VEHICLE IN THE SAME LANE
8		-	.
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. Legislative declaration. (1) The general assembly
12		-	finds and declares that:
13		-	(a) A 2009 "Motorcycle Accidents In Depth Study" by the European
14		-	Association of Motorcycle Manufacturers that was conducted in five
15		-	European countries found that 0.45 percent of motorcycle crashes involved
16		-	lane splitting and that motorcyclists were seven times more likely to be hit
17		-	while stopped compared to crashing while lane splitting;
18		-	(b) The state of New South Wales, Australia, conducted a two-year
19		-	trial of lane filtering from February 2015 through January 2017, which
20		-	concluded that:
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (I) Lane splitting "was a relatively low risk riding activity for
29		-	motorcyclists under the conditions of the trial"; and
30		-	(II) Attitudes toward lane filtering became more positive during the
31		-	trial, and most motor vehicle drivers supported lane filtering even though
32		-	they may not have necessarily believed it improved safety;
33		-	(c) The lane-splitting trial in Australia resulted in a change in the
34		-	laws of New South Wales, from prohibiting lane filtering to allowing lane
35		-	filtering at a speed less than 30 kmph (19 mph);
36		-	(d) A 2010 Oregon department of transportation literature review on
37		-	motorcycle lane sharing concluded that lane splitting crashes were rare even
38		-	in areas where lane splitting was legal and widely practiced;
39		-	(e) In a June 2012 through August 2013 study from the California
40		-	Enhanced Motorcycle Collision Data Project, of 5,969 motorcyclist crashes
41		-	in California, the only state in the country to allow full lane splitting,
42		-	motorcyclist injuries were far less severe when the collision-involved
43		-	motorcyclist was lane splitting than when the collision-involved
44		-	motorcyclist was not lane splitting;
45		-	(f) Three studies conducted between 2011 and 2015 found that
46		-	lane-splitting motorcyclists in California were less likely to be involved in
47		-	a crash than motorcyclists who were not lane splitting. Two of these studies
48		-	reported that lane-splitting motorcyclists are 43 percent less likely to be
49		-	involved in a rear-end crash.
50		-	(g) A year after the California Highway Patrol issued lane splitting
51		-	safety tips, motorcyclist fatalities were reduced by 30 percent because
52		-	motorcyclists were less likely to be involved in a rear-end crash;
53		-	(h) Other benefits of lane filtering include a reduction in traffic
54		-	congestion, and, accordingly, fuel consumption and emissions from all
55		-	vehicles, and reduction in overheating in air-cooled motorcycles;
56		-	(i) In the last five years, Montana, Utah, and Arizona have all
57		-	legalized lane filtering, and, following a sunset review in 2022, Utah
58		-	extended the legalization of lane filtering; and
59		-	PAGE 2-SENATE BILL 24-079 (j) Lane filtering is prohibited in Colorado and can result in various
60		-	citations, including violations of motorcycle lane restrictions and careless
61		-	driving laws.
62		-	(2) Therefore, the general assembly determines that the act of lane
63		-	filtering by a driver of a motorcycle, when done at speeds at or below 15
64		-	miles per hour and when conditions permit, is in the best interests of
65		-	motorist safety.
66		-	SECTION 2. In Colorado Revised Statutes, 42-4-1503, amend (2)
67		-	and (3) as follows:
68		-	42-4-1503. Operating motorcycles and autocycles on roadways
69		-	laned for traffic - report - repeal. (2) The operator
70		-	DRIVER of a
71		-	motorcycle or autocycle shall not overtake or pass in the same lane occupied
72		-	by the vehicle being overtaken.
73		-	(3) (a) A person shall not operate
74		-	DRIVE a motorcycle or autocycle
75		-	between lanes of traffic or between adjacent lines or rows of vehicles.
	13	+	ONCERNING AUTHORIZATION FOR A TWO -WHEELED MOTO RCYCLE TO101
	14	+	OVERTAKE ANOTHER MOTOR VEHICLE IN THE SAME LANE .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill authorizes a 2-wheeled motorcycle to overtake or pass
	23	+	another motor vehicle in the same lane if:
	24	+	! The other motor vehicle is stopped or moving in the same
	25	+	direction of travel as the motorcycle;
	26	+	! The road has lanes wide enough to pass safely;
	27	+	! The motorcycle is moving at 20 miles per hour or less; and
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	March 18, 2024
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	March 15, 2024
	34	+	SENATE
	35	+	Amended 3rd Reading
	36	+	February 13, 2024
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 12, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Hinrichsen and Smallwood, Gonzales, Lundeen, Priola
	42	+	HOUSE SPONSORSHIP
	43	+	Mabrey and Weinberg, Ortiz
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. ! Conditions permit prudent operation of the motorcycle
	47	+	while overtaking or passing.
	48	+	A motorcycle rider overtaking or passing under the bill must not overtake
	49	+	or pass:
	50	+	! On the right shoulder;
	51	+	! To the right of a vehicle in the farthest right-hand lane if
	52	+	the highway is not limited access; or
	53	+	! In a lane of traffic moving in the opposite direction.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. Legislative declaration. (1) The general assembly2
	56	+	finds and declares that:3
	57	+	4
	58	+	(a) A 2009 "Motorcycle Accidents In Depth Study" by the5
	59	+	European Association of Motorcycle Manufacturers that was conducted6
	60	+	in five European countries found that 0.45 percent of motorcycle crashes7
	61	+	involved lane splitting and that motorcyclists were seven times more8
	62	+	likely to be hit while stopped compared to crashing while lane splitting;9
	63	+	(b) The state of New South Wales, Australia, conducted a10
	64	+	two-year trial of lane filtering from February 2015 through January 2017,11
	65	+	which concluded that:12
	66	+	(I) Lane splitting "was a relatively low risk riding activity for13
	67	+	motorcyclists under the conditions of the trial"; and14
	68	+	(II) Attitudes toward lane filtering became more positive during15
	69	+	the trial, and most motor vehicle drivers supported lane filtering even16
	70	+	though they may not have necessarily believed it improved safety;17
	71	+	(c) The lane-splitting trial in Australia resulted in a change in the18
	72	+	laws of New South Wales, from prohibiting lane filtering to allowing lane19
	73	+	filtering at a speed less than 30 kmph (19 mph);20
	74	+	(d) A 2010 Oregon department of transportation literature review21
	75	+	079-2- on motorcycle lane sharing concluded that lane splitting crashes were rare1
	76	+	even in areas where lane splitting was legal and widely practiced;2
	77	+	(e) In a June 2012 through August 2013 study from the California3
	78	+	Enhanced Motorcycle Collision Data Project, of 5,969 motorcyclist4
	79	+	crashes in California, the only state in the country to allow full lane5
	80	+	splitting, motorcyclist injuries were far less severe when the6
	81	+	collision-involved motorcyclist was lane splitting than when the7
	82	+	collision-involved motorcyclist was not lane splitting;8
	83	+	(f) Three studies conducted between 2011 and 2015 found that9
	84	+	lane-splitting motorcyclists in California were less likely to be involved10
	85	+	in a crash than motorcyclists who were not lane splitting. Two of these11
	86	+	studies reported that lane-splitting motorcyclists are 43 percent less likely12
	87	+	to be involved in a rear-end crash.13
	88	+	(g) A year after the California Highway Patrol issued lane splitting14
	89	+	safety tips, motorcyclist fatalities were reduced by 30 percent because15
	90	+	motorcyclists were less likely to be involved in a rear-end crash;16
	91	+	(h) Other benefits of lane filtering include a reduction in traffic17
	92	+	congestion, and, accordingly, fuel consumption and emissions from all18
	93	+	vehicles, and reduction in overheating in air-cooled motorcycles;19
	94	+	(i) In the last five years, Montana, Utah, and Arizona have all20
	95	+	legalized lane filtering, and, following a sunset review in 2022, Utah21
	96	+	extended the legalization of lane filtering; and22
	97	+	(j) Lane filtering is prohibited in Colorado and can result in23
	98	+	various citations, including violations of motorcycle lane restrictions and24
	99	+	careless driving laws.25
	100	+	(2) Therefore, the general assembly determines that the act of lane26
	101	+	filtering by a driver of a motorcycle, when done at speeds at or below 1527
	102	+	079
	103	+	-3- miles per hour and when conditions permit, is in the best interests of1
	104	+	motorist safety.2
	105	+	SECTION 2. In Colorado Revised Statutes, 42-4-1503, amend3
	106	+	(2) and (3) as follows:4
	107	+	42-4-1503. Operating motorcycles and autocycles on roadways5
	108	+	laned for traffic - report - repeal. (2) The operator DRIVER of a6
	109	+	motorcycle or autocycle shall not overtake or pass in the same lane7
	110	+	occupied by the vehicle being overtaken.8
	111	+	(3) (a) A person shall not operate DRIVE a motorcycle or autocycle9
	112	+	between lanes of traffic or between adjacent lines or rows of vehicles.10
76	113		(b) (I) N
77	114		OTWITHSTANDING SUBSECTIONS (2) AND (3)(a) OF THIS
78		-	~~SECTION~~
79		-	, THE DRIVER OF A TWO-WHEELED MOTORCYCLE MAY ~~OVERTAKE OR~~
80		-	PASS ANOTHER MOTOR VEHICLE IN THE SAME LANE AS ~~THE MOTORCYCLE IF~~
81		-	:
	115	+	11
	116	+	SECTION, THE DRIVER OF A TWO-WHEELED MOTORCYCLE MAY OVERTAKE12
	117	+	OR PASS ANOTHER MOTOR VEHICLE IN THE SAME LANE AS THE13
	118	+	MOTORCYCLE IF:14
82	119		(A) T
83	120		HE OVERTAKEN OR PASSED MOTOR VEHICLE IS STOPPED ;
	121	+	15
	122	+	(B) THE MOTOR VEHICLES IN THE ADJACENT LANES, IF THE LANES16
	123	+	ARE FOR THE SAME DIRECTION OF TRAVEL AS THE LANE OCCUPIED BY THE17
	124	+	TWO-WHEELED MOTORCYCLE , ARE STOPPED;18
	125	+	(C) THE DRIVER OF THE TWO-WHEELED MOTORCYCLE IS ON A19
	126	+	ROAD WITH LANES WIDE ENOUGH TO PASS SAFELY ;20
	127	+	(D) THE PASSING MOTORCYCLE IS DRIVING AT FIFTEEN MILES PER21
	128	+	HOUR OR LESS; AND22
	129	+	(E) CONDITIONS PERMIT PRUDENT OPERATION OF THE23
	130	+	MOTORCYCLE WHILE OVERTAKING OR PASSING .24
	131	+	(II) WHEN THE MOTOR VEHICLES THAT ARE BEING OVERTAKEN OR25
	132	+	PASSED BY THE TWO-WHEELED MOTORCYCLE BEGIN MOVING, THE DRIVER26
	133	+	OF THE MOTORCYCLE SHALL CEASE OVERTAKING OR PASSING A MOTOR27
	134	+	079
	135	+	-4- VEHICLE PURSUANT TO SUBSECTION (3)(b)(I) OF THIS SECTION.1
	136	+	(III) A PERSON OVERTAKING OR PASSING PURSUANT TO THIS2
	137	+	SUBSECTION (3)(b) SHALL NOT OVERTAKE OR PASS:3
	138	+	(A) O
	139	+	N THE RIGHT SHOULDER;4
84	140		(B) T
85		-	HE MOTOR VEHICLES IN THE ADJACENT LANES , IF THE LANES
86		-	ARE FOR THE SAME DIRECTION OF TRAVEL AS THE LANE OCCUPIED BY THE
87		-	TWO
88		-	-WHEELED MOTORCYCLE , ARE STOPPED;
89		-	(C) T
90		-	HE DRIVER OF THE TWO-WHEELED MOTORCYCLE IS ON A ROAD
91		-	WITH LANES WIDE ENOUGH TO PASS SAFELY
92		-	;
93		-	(D) T
94		-	HE PASSING MOTORCYCLE IS DRIVING AT FIFTEEN MILES PER
95		-	HOUR OR LESS
96		-	; AND
97		-	(E) CONDITIONS PERMIT PRUDENT OPERATION OF THE MOTORCYCLE
98		-	WHILE OVERTAKING OR PASSING
99		-	.
100		-	(II) W
101		-	HEN THE MOTOR VEHICLES THAT ARE BEING OVERTAKEN OR
102		-	PAGE 3-SENATE BILL 24-079 PASSED BY THE TWO-WHEELED MOTORCYCLE BEGIN MOVING , THE DRIVER OF
103		-	THE MOTORCYCLE SHALL CEASE OVERTAKING OR PASSING A MOTOR VEHICLE
104		-	PURSUANT TO SUBSECTION
105		-	(3)(b)(I) OF THIS SECTION.
106		-	(III) A
107		-	PERSON OVERTAKING OR PASSING PURSUANT TO THIS
108		-	SUBSECTION
109		-	(3)(b) SHALL NOT OVERTAKE OR PASS:
110		-	(A) O
111		-	N THE RIGHT SHOULDER;
112		-	(B) T
113		-	O THE RIGHT OF A VEHICLE IN THE FARTHEST RIGHT-HAND LANE
114		-	IF THE HIGHWAY IS NOT LIMITED ACCESS
115		-	; OR
116		-	(C) IN A LANE OF TRAFFIC MOVING IN THE OPPOSITE DIRECTION .
117		-	(IV) T
118		-	HIS SUBSECTION (3)(b) IS REPEALED, EFFECTIVE SEPTEMBER
119		-	1, 2027.
	141	+	O THE RIGHT OF A VEHICLE IN THE FARTHEST RIGHT -HAND5
	142	+	LANE IF THE HIGHWAY IS NOT LIMITED ACCESS; OR6
	143	+	(C) I
	144	+	N A LANE OF TRAFFIC MOVING IN THE OPPOSITE DIRECTION .7
	145	+	(IV) THIS SUBSECTION (3)(b) IS REPEALED, EFFECTIVE SEPTEMBER8
	146	+	1,
	147	+	2027.
	148	+	9
120	149		(c) (I) T
121		-	HE DEPARTMENT OF TRANSPORTATION SHALL ANALYZE DATA
122		-	ON THE SAFETY EFFECTS OF SUBSECTION
123		-	(3)(b) OF THIS SECTION AND ISSUE
124		-	A REPORT TO THE GENERAL ASSEMBLY BY
125		-	JANUARY 1, 2027. THE DATA AND
126		-	REPORT MUST INCLUDE
127		-	:
	150	+	HE DEPARTMENT OF TRANSPORTATION SHALL
	151	+	ANALYZE10
	152	+	DATA ON THE SAFETY EFFECTS OF SUBSECTION (3)(b) OF THIS SECTION AND11
	153	+	ISSUE A REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 2027. THE12
	154	+	DATA AND REPORT MUST INCLUDE :13
128	155		(A) M
129		-	OTORCYCLE REAR-END COLLISIONS ~~BEFORE AND AFTER THE~~
130		-	~~EFFECTIVE DATE OF THIS SUBSECTION~~
131		-	(3)(c);
	156	+	OTORCYCLE REAR-END COLLISIONS
	157	+	BEFORE AND AFTER14
	158	+	THE EFFECTIVE DATE OF THIS SUBSECTION (3)(c);15
132	159		(B) T
133	160		HE SEVERITY OF REAR-END COLLISIONS IN HEAVY TRAFFIC
134		-	CONDITIONS BEFORE AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
135		-	(3)(c); AND
136		-	(C) MOTORCYCLE SIDE-SWIPE COLLISIONS WHILE OVERTAKING OR
137		-	PASSING AT A RATE OF LESS THAN FIFTEEN MILES PER HOUR BEFORE AND
138		-	AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
139		-	(3)(c).
	161	+	16
	162	+	CONDITIONS BEFORE AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION17
	163	+	(3)(c);
	164	+	AND
	165	+	18
	166	+	(C) M
	167	+	OTORCYCLE SIDE-SWIPE COLLISIONS WHILE OVERTAKING OR
	168	+	19
	169	+	PASSING AT A RATE OF LESS THAN FIFTEEN MILES PER HOUR BEFORE AND20
	170	+	AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3)(c).21
140	171		(II) T
141	172		HIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE JULY 1, 2028.
142		-	SECTION 3. Act subject to petition - effective date -
143		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
144		-	the expiration of the ninety-day period after final adjournment of the
145		-	general assembly; except that, if a referendum petition is filed pursuant to
146		-	section 1 (3) of article V of the state constitution against this act or an item,
147		-	PAGE 4-SENATE BILL 24-079 section, or part of this act within such period, then the act, item, section, or
148		-	part will not take effect unless approved by the people at the general
149		-	election to be held in November 2024 and, in such case, will take effect on
150		-	the date of the official declaration of the vote thereon by the governor.
151		-	(2) This act applies to acts committed on or after the applicable
152		-	effective date of this act.
153		-	____________________________ ____________________________
154		-	Steve Fenberg Julie McCluskie
155		-	PRESIDENT OF SPEAKER OF THE HOUSE
156		-	THE SENATE OF REPRESENTATIVES
157		-	____________________________ ____________________________
158		-	Cindi L. Markwell Robin Jones
159		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
160		-	THE SENATE OF REPRESENTATIVES
161		-	APPROVED________________________________________
162		-	(Date and Time)
163		-	_________________________________________
164		-	Jared S. Polis
165		-	GOVERNOR OF THE STATE OF COLORADO
166		-	PAGE 5-SENATE BILL 24-079
	173	+	22
	174	+	SECTION 3. Act subject to petition - effective date -23
	175	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following24
	176	+	the expiration of the ninety-day period after final adjournment of the25
	177	+	general assembly; except that, if a referendum petition is filed pursuant26
	178	+	to section 1 (3) of article V of the state constitution against this act or an27
	179	+	079
	180	+	-5- item, section, or part of this act within such period, then the act, item,1
	181	+	section, or part will not take effect unless approved by the people at the2
	182	+	general election to be held in November 2024 and, in such case, will take3
	183	+	effect on the date of the official declaration of the vote thereon by the4
	184	+	governor.5
	185	+	(2) This act applies to acts committed on or after the applicable6
	186	+	effective date of this act.7
	187	+	079
	188	+	-6-