First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0743.01 Renee Leone x2695
HOUSE BILL 25-1230
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE TRA FFIC VIOLATION FOR OVERTAKING101
A SCHOOL BUS.102
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
.)
Section 1 of the bill permits the state, a county, a city and county,
or a municipality to, with approval from a school district's board of
education, install and utilize automated vehicle identification systems
(AVIS) on the school district's school buses to detect a driver of a vehicle
that overtakes a stopped school bus with actuated visual signal lights in
violation of current law. If an AVIS detects such a violation, the state, a
HOUSE SPONSORSHIP
Caldwell and Paschal,
SENATE SPONSORSHIP
Winter F.,
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. county, a city and county, or a municipality may impose a civil penalty of
not more than $300 for the violation. The bill creates a rebuttable
presumption that when an image produced by an AVIS includes an
electronic indicator signifying that a school bus's visual signal lights are
actuated, the visual signal lights are presumed to be actuated and
operational.
The bill mandates that the state, a county, a city and county, or a
municipality that installs an AVIS on a school bus shall not use the fines
collected through the use of the AVIS system to compensate the AVIS
manufacturer or vendor and that any such compensation paid to the
manufacturer or vendor must not be based exclusively upon the number
of citations issued or revenue generated by the AVIS.
Current law states that a driver on a highway with separate
roadways need not stop upon meeting or passing a school bus that is on
a different roadway. Section 2 amends the definition of "highway with
separate roadways" to include a roadway separated by physical barriers
and to exclude a roadway separated by a painted median.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
(1.1)(a)(II) and (2)(g)(III); and add (1.1)(a.7) and (4.6) as follows:3
42-4-110.5. Automated vehicle identification systems - school4
buses - exceptions to liability - penalty - contracting - limits on use of5
photographs and video - rules - legislative declaration - definitions.6
(1.1) As used in this section, unless the context otherwise requires:7
(a) (II) "Automated vehicle identification system" includes a8
system used to detect a violation of part 11 of this article 4 or a local9
speed ordinance; a system used to detect violations of traffic restrictions10
imposed by traffic signals or traffic signs;
A SYSTEM USED TO DETECT THE11
OVERTAKING OF A STOPPED SCHOOL BUS WITH ACTUATED VISUAL SIGNAL12
LIGHTS IN VIOLATION OF SECTION 42-4-1903 (1)(a); and a system used to13
detect violations of bus lane or bicycle lane restrictions.14
(a.7) "S
CHOOL BUS" MEANS A SCHOOL BUS THAT IS REQUIRED TO15
BEAR ON THE FRONT AND REAR OF SUCH SCHOOL BUS THE WORDS16
HB25-1230-2- "SCHOOL BUS" AND DISPLAY VISUAL SIGNAL LIGHTS PURSUANT TO1
SECTION 42-4-1903 (2)(a).2
(2) A county, city and county, or municipality may adopt an3
ordinance authorizing the use of an automated vehicle identification4
system to detect violations of traffic regulations adopted by the county,5
city and county, or municipality, or the state, a county, a city and county,6
or a municipality may utilize an automated vehicle identification system7
to detect traffic violations under state law, subject to the following8
conditions and limitations and, as applicable, the requirements for state9
highways set forth in and any rules adopted by the department of10
transportation pursuant to subsection (2.5) of this section:11
(g) (III) This subsection (2)(g) does not apply to an automated12
vehicle identification system designed to detect disobedience to a traffic13
control signal
OR THE OVERTAKING OF A SCHOOL BUS WITH ACTUATED14
VISUAL SIGNAL LIGHTS.15
(4.6) (a) I
F APPROVED BY A SCHOOL DISTRICT 'S BOARD OF16
EDUCATION, THE STATE, A COUNTY, A CITY AND COUNTY , OR A17
MUNICIPALITY MAY INSTALL AND UTILIZE AN AUTOMATED VEHICLE18
IDENTIFICATION SYSTEM ON THE SCHOOL DISTRICT 'S SCHOOL BUSES TO19
DETECT A DRIVER OF A MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL20
BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN VIOLATION OF SECTION21
42-4-1903 (1)(a).22
(b) I
F, THROUGH THE USE OF AN AUTOMATED VEHICLE23
IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A CITY AND COUNTY, OR24
A MUNICIPALITY DETECTS A DRIVER OF A MOTOR VEHICLE OVERTAKING A25
STOPPED SCHOOL BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN26
VIOLATION OF SECTION 42-4-1903 (1)(a), THE MAXIMUM CIVIL PENALTY27
HB25-1230
-3- THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY IMPOSE1
FOR THE VIOLATION IS THREE HUNDRED DOLLARS , INCLUDING2
SURCHARGES OR FEES.3
(c) W
HEN A RECORDED IMAGE PRODUCED BY AN AUTOMATED4
VEHICLE IDENTIFICATION SYSTEM INCLUDES AN ELECTRONIC INDICATOR5
SIGNIFYING ACTUATION OF A SCHOOL BUS'S VISUAL SIGNAL LIGHTS, THERE6
IS A REBUTTABLE PRESUMPTION THAT THE SCHOOL BUS 'S VISUAL SIGNAL7
LIGHTS WERE ACTUATED AND OPERATIONAL .8
(d) (I) T
HE STATE, A COUNTY, A CITY AND COUNTY , OR A9
MUNICIPALITY THAT HAS INSTALLED AN AUTOMATED VEHICLE10
IDENTIFICATION SYSTEM ON A SCHOOL BUS TO DETECT A DRIVER OF A11
MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL BUS SHALL NOT USE ANY12
PORTION OF A FINE COLLECTED THROUGH THE USE OF SUCH SYSTEM AS13
PAYMENT TO THE MANUFACTURER OR VENDOR OF THE AUTOMATED14
VEHICLE IDENTIFICATION SYSTEM EQUIPMENT . THE COMPENSATION PAID15
BY THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY FOR SUCH16
EQUIPMENT MUST BE BASED UPON THE VALUE OF ANY EQUIPMENT OR17
SERVICES PROVIDED AND MUST NOT BE BASED EXCLUSIVELY UPON THE18
NUMBER OF TRAFFIC CITATIONS ISSUED OR THE REVENUE GENERATED BY19
THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM EQUIPMENT .20
(II) A
CONTRACT FOR AUTOMATED VEHICLE IDENTIFICATION21
SYSTEM EQUIPMENT AND FOR SERVICES PROVIDED FOR THE USE OF AN22
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A SCHOOL BUS MUST23
NOT CONTAIN A QUOTA REGARDING THE NUMBER OF VIOLATIONS24
CAPTURED OR NOTICES OF VIOLATION ISSUED OR REGARDING THE REVENUE25
GENERATED FOR THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO BE26
CONTINUOUSLY UTILIZED.27
HB25-1230
-4- SECTION 2. In Colorado Revised Statutes, 42-4-1903, amend1
(4) as follows:2
42-4-1903. School buses - stops - signs - passing - definition.3
(4) The driver of a vehicle upon a highway with separate roadways need4
not stop upon meeting or passing a school bus which THAT is on a5
different roadway. For the purposes of AS USED IN this section, "highway6
with separate roadways" means a highway that is divided into two or7
more roadways by a depressed
OR raised or painted
median, PHYSICAL8
BARRIERS, or other intervening space serving as a clearly indicated9
dividing section or island THAT PHYSICALLY DIVIDES THE ROADWAYS .10
SECTION 3. Applicability. This act applies to violations11
occurring on or after the effective date of this act.12
SECTION 4. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
HB25-1230
-5-