Motor Vehicles And Traffic Regulation - Digest of Bills

Digest of Bills - 2005

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 05-9 Human waste dumping - increase in fine. Increases the amount of the fine imposed as punishment for illicit disposal of containers of human waste upon or along a state highway from $35 plus a $5.20 surcharge to a flat fine of $500. Defines terms.

APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005

S.B. 05-14 Motor vehicle registration - private sale. Clarifies that, after a sale, a motor vehicle must be registered or temporarily registered before being driven. Authorizes the purchaser in a private sale to drive the vehicle home before registering such vehicle if the vehicle was purchased outside of normal business hours, is only driven to transport the vehicle from the place of purchase, and the owner possesses a bill of sale and proof of insurance.

APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005

S.B. 05-36 Minor driver's license restrictions - minor passengers - curfew. Prohibits a minor driver who has held a license less than 6 months from transporting a passenger who is under 21 years of age. Prohibits a minor driver who has held a license for less than one year from transporting more than one person under 21 years of age. Allows the following exceptions to this prohibition:

● If the motor vehicle also contains the minor's parent or legal guardian or other responsible adult;

● If the motor vehicle also contains a 21-year-old driver or a driving instructor;

● If the passenger is in the vehicle on account of a medical emergency;

● If all the passengers are members of the driver's immediate family.

Prohibits a minor driver who has held a license for less than one year from driving between 12 midnight and 5 a.m. Allows the following exceptions to this curfew:

● If the motor vehicle contains the minor's parent, legal guardian, or other responsible adult;

● If the motor vehicle contains a 21-year-old driver or a driving instructor;

● If the driving is on account of a medical emergency;

● If the driving is on account of school or a school-authorized activity when the school does not provide adequate transportation;

● If the driving is on account of employment when necessary;

● If the minor is emancipated.

Imposes punishment for violating such prohibitions, including community service, fines, and license suspension points.

APPROVED by Governor April 21, 2005
EFFECTIVE April 21, 2005

S.B. 05-38 Motor vehicle titles. Clarifies, simplifies, and harmonizes the language in the motor vehicle title statutes. Deletes obsolete provisions.

APPROVED by Governor June 1, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 05-47 Driver's licenses - identification cards. Harmonizes the periods of license revocation so that minors without licenses receive the same revocation as drivers who have been licensed. Authorizes a grandparent with power of attorney to:

● Sign a statement certifying that the minor is enrolled in a driver education course;

● Supervise the minor driver on the road;

● Sign an application for the minor to receive a minor's instruction permit; and

● Sign an affidavit of liability.

Specifies that a motorcycle instruction permit shall be valid for 3 years, consistent with other driver instruction permits.

Lowers from 10 to 5 years the length of time a driver's license or identification document is valid. Clarifies the types of government actions by Colorado or other jurisdictions that cause the department of revenue to take an administrative action against a driver's license.

Clarifies that a sworn statement of a person's social security number is made under penalty of law. Authorizes a physician's assistant to sign a medical opinion required by the department. Repeals a licensee's option to waive the duty of the department of revenue ("department") to keep the social security number confidential. Repeals the applicant's option to put the social security number on his or her driver's license or identification card. Repeals an option that authorizes a licensee to have emergency symbols placed on his or her driver's license or identification card.

Lowers the age limit from 66 to 61 years of age when a person may no longer renew a driver's license by mail, conforming to the age of 61 years when a driver's license renewal period changes from 10 years to 5 years. Requires a person renewing a driver's license by mail or by electronic means to attest under penalty of law that he or she has had an eye examination within the last 3 years. Extends from 10 to 30 days the deadline for notifying the department of a name or address change. Requires a person who changes his or her name to apply for a license renewal. Relocates a registration statute concerning the body color of a motor vehicle from the article dealing with driver's licenses to the article dealing with registrations.

Authorizes the department to return a driver's license if it determines that the license was erroneously canceled. Repeals a requirement that a law enforcement officer send to the department a verified report when issuing a citation to a commercial driver for driving under the influence of alcohol. Clarifies that a person whose driving privilege has been restrained and reinstated must apply for a new license instead of receiving the original license back.

APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005

S.B. 05-82 Special license plates - Colorado "Kids First" plate - creation. Creates the Colorado "Kids First" license plate for motor vehicles that do not exceed 16,000 pounds. Authorizes issuance of the plate to persons who pay the appropriate fees plus a one-time fee of $25 and who have a certificate issued by the rocky mountain research and prevention institute confirming donation to a health promotion and injury prevention fund. Requires the fund to be used to help promote the health of and prevent injury to children. Requires the institute to report its expenditures of funds generated from the plate to the joint budget committee. Credits the one-time fee to the highway users' tax fund.

VETOED by Governor June 6, 2005

S.B. 05-153 License plates - replacement program. Repeals the July 1, 2007, deadline for replacing motor vehicle license plates within Colorado.

APPROVED by Governor April 14, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1008 Name change - motor vehicle business group - division of motor vehicles. Changes statutory references to the motor vehicle business group in the department of revenue to the division of motor vehicles.

APPROVED by Governor February 23, 2005
EFFECTIVE July 1, 2005

H.B. 05-1011 Trash and recyclables - transportation - loads. Exempts a transporter of trash and recyclables from covering a load, or utilizing equivalent technology, when the vehicle is loaded in such a manner, or the nature of the load is such, that the contents will not escape from the vehicle.

APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005

H.B. 05-1019 Motor vehicle applications - personal identification number of applicant or registrant. Requires applications for registration of a class C, class, D, or class F motor vehicle and applications for filing of a certificate of title to a class C, class, D, or class F motor vehicle to contain the applicant's or registrant's personal identification number as provided on a state-issued driver's license or assigned by the department of revenue.

APPROVED by Governor June 1, 2005
EFFECTIVE January 1, 2007

H.B. 05-1045 Radar jamming devices - prohibited - penalty - exclusion - confiscation and destruction. Makes it a class 2 misdemeanor traffic offense to use, possess, or sell a radar jamming device or to operate a motor vehicle containing a radar jamming device. Excludes certain equipment from the definition of "radar jamming device". Specifies that radar jamming devices may be confiscated and destroyed by court order.

APPROVED by Governor April 22, 2005
EFFECTIVE July 1, 2005

H.B. 05-1068 Registration - personalized license plates - reserving combination. Authorizes a person to reserve the unique combination of letters or numbers issued as a personalized license plate after the motor vehicle is no longer registered. Requires an annual fee of $25 to reserve such unique combination.

APPROVED by Governor April 7, 2005
EFFECTIVE April 7, 2005

H.B. 05-1069 Collectors - emergency vehicles - emergency signal lamps. Authorizes a collector of a fire engine, fire suppression vehicle, or ambulance to possess emergency signal lamps. Authorizes a collector or member of a volunteer fire department to operate emergency signals in a parade, funeral, or for other special purposes if the circumstances would not lead a reasonable person to believe the vehicle is responding to an actual emergency. Sets the same standard for nonvolunteer fire departments.

Applies to actions occurring on or after July 1, 2005.

APPROVED by Governor April 7, 2005
EFFECTIVE July 1, 2005

H.B. 05-1075 Driver's license - records - minor alcohol offenses. Prohibits the department of revenue from making public nonmotor vehicle-specific underage alcohol convictions.

APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005

H.B. 05-1104 Public highway authorities - toll evasion - maximum penalty. Increases the amount of the maximum civil penalty that a public highway authority may impose for a toll evasion from $100 to $250.

APPROVED by Governor May 27, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1107 Registration - taxation - license plates. Recodifies the statutes addressing the registration and taxation of motor vehicles to clarify, harmonize, modernize, or substantively amend the law, specifically:

● Standardizes, at 16,000 pounds empty weight, the maximum weight of a vehicle that may be issued certain types of special license plates, including military license plates.

● Extends from 10 to 30 days the deadline for notifying the department of revenue (department) of a name or address change of a registered vehicle's owner.

● Extends from 45 to 60 days the time a person has to register a motor vehicle.

● Repeals the requirement that the executive director of the department of personnel approve the process for counties printing registration tabs.

● Eliminates the weight restriction for issuing a uniform license plate for class B vehicles.

● Clarifies that the department will keep the temporary registration fee for the highway users tax fund if it issues such registration.

● Repeals the 12-month waiting period for lost or destroyed license plates.

● Requires any proposal for additional special interest license plates to be submitted to the transportation legislation review committee.

● Authorizes the issuance of U.S. Army special license plates for motorcycles.

● Clarifies that a person may transfer personalized plates to another vehicle that the person already possesses.

● Authorizes the personalization of designer, American Indian, and collectors' special license plates.

● Authorizes county clerks to issue National Guard license plates and allows the issuance or more than one set of plates per person.

● Clarifies that Medal of Honor awardees are exempted from paying registration fees as well as license plate fees.

● Relocates provisions.

Specifies that amendments to section 42-3-211 (7) shall take effect only if Senate Bill 05-041 is enacted and becomes law.

APPROVED by Governor June 3, 2005
EFFECTIVE August 8, 2005
NOTE: (1) This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.
(2) Senate Bill 05-041 was signed by the governor April 5, 2005.

H.B. 05-1122 Open alcoholic beverage container in motor vehicle - prohibition - exceptions - penalty - local ordinances. Makes it a class A traffic infraction for a person knowingly to drink an alcoholic beverage or possess an open alcoholic beverage container in the passenger area of a motor vehicle while the vehicle is on a public highway or the right-of-way of a public highway. Creates specified exceptions. Clarifies that a statutory or home rule town, city, or city and county may adopt open alcoholic beverage container ordinances that are no less restrictive than the act.

APPROVED by Governor June 3, 2005
EFFECTIVE July 1, 2005

H.B. 05-1137 Permitted drivers - prohibition against cell phone use. Makes driving a motor vehicle by a person holding a temporary instruction permit or a minor's instruction permit while using a cellular telephone or other mobile communication device a secondary traffic offense. Establishes exemptions and a penalty assessment for infractions.

APPROVED by Governor April 14, 2005
EFFECTIVE April 14, 2005

H.B. 05-1140 Motor vehicle registration - late fees - grace period. Changes the late fee for registering a motor vehicle from the greater of 10% of the tax or $10 to not more than $10. Allows the late fee to be waived. Authorizes the department or the authorized agent to retain the fee. Instructs the department to place a notice on a registration card that Colorado law provides for a 30-day grace period for registration renewal.

Specifies that the act applies to motor vehicles registered on or after July 1, 2005.

APPROVED by Governor April 27, 2005
EFFECTIVE July 1, 2005

H.B. 05-1151 Traffic violations - highway work zones. Doubles the fines in construction zones for traffic violations within the following categories:

● General traffic violations;

● Signals, signs, and markings violations;

● Rights-of-way violations;

● Pedestrian violations;

● Turning and stopping violations;

● Driving, overtaking, and passing violations;

● Careless driving, including driving under the influence of drugs or alcohol; and

● Motorcycle offenses.

Creates the highway construction workers' safety account in the highway users tax fund. Continually appropriates the money in the fund to be used for work zone safety equipment, signs, and law enforcement.

APPROVED by Governor June 3, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1178 Toy vehicle - definition. For purposes of the prohibition against operating a toy vehicle on any roadway in the state, defines "toy vehicle" to include, without limitation, any mini or "pocket" bike or trike or any other vehicle that is not designed, approved, or intended for use on public roadways or highways.

APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005

H.B. 05-1187 Emergency vehicle - stationary - failure to yield right-of-way - penalty. Requires drivers of vehicles to yield the right-of-way to stationary authorized emergency vehicles. Specifies that a driver who fails to yield the right-of-way to a stationary authorized emergency vehicle commits the offense of careless driving.

APPROVED by Governor June 1, 2005
EFFECTIVE July 1, 2005

H.B. 05-1214 Motor vehicles - emissions inspections. Clarifies the criteria for determining when a vehicle is exempt from emission testing requirements.

APPROVED by Governor June 1, 2005
EFFECTIVE September 1, 2005

H.B. 05-1218 Bicycle regulation. Permits bicyclists to ride 2 abreast when traffic will not be impeded. Authorizes bicyclists to indicate a right turn by extending the right arm horizontally. Repeals the requirement that a bicyclist riding along a sidewalk dismount before crossing a roadway, but requires the bicyclist to cross in a manner that is safe for pedestrians. Instructs law enforcement agencies to complete accident reports on bicycle accidents resulting in injury or death.

APPROVED by Governor June 3, 2005
EFFECTIVE July 1, 2005

H.B. 05-1247 Special license plate - breast cancer awareness - creation. Creates the breast cancer awareness special license plate for vehicles that do not exceed 16,000 pounds. Directs the department of revenue to work with interested parties to design the plate.

Authorizes issuance of the plate to persons who pay the appropriate fees plus a one-time fee of $25. Credits the one-time fee to the highway users tax fund. Authorizes issuance of personalized breast cancer awareness special license plates.

APPROVED by Governor June 1, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1313 Special license plate - United States Navy - creation. Creates the United States Navy special license plate. Requires a person to submit evidence of service in the United States Navy to qualify for the special plate. Clarifies that honorable service in the armed forces of the United States is a distinctive achievement for the purposes of special license plates.

APPROVED by Governor May 27, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.