Motor Vehicles And Traffic Regulation - Digest of Bills

Digest of Bills - 2006

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 06-8 Commercial vehicles - hazardous materials - standards - enforcement. Requires motor vehicles that weigh less than 10,000 pounds and transport hazardous materials to meet the minimum standards for commercial vehicles. Repeals a provision prohibiting a peace officer who has not attained level I inspection certification from enforcing the "Hazardous Materials Transportation Act of 1987". Changes the penalty for violating certain hazardous materials rules from a class 3 misdemeanor criminal offense to a class 2 misdemeanor traffic offense. Sets the penalty for such violation at $250 with a $33.30 surcharge. Doubles the penalty for a repeat offense within 12 months.

APPROVED by Governor May 25, 2006
EFFECTIVE July 1, 2006

S.B. 06-10 Permits - longer vehicle - excess size and weight - hazardous materials - express consent waiver. Authorizes a company to obtain and file an express consent waiver that enables the company to designate a company representative to be party of interest in court for violation of the following:

● Permits for extra legal longer vehicle combinations;

● Permits for excess size and weight vehicle combinations; and

● Permits for transporting hazardous materials.

Clarifies that the appearance of the company representative in court covering the matter does not constitute the practice of law in violation of state law.

APPROVED by Governor April 4, 2006
EFFECTIVE July 1, 2006

S.B. 06-13 Driver's license - security features. Extends until July 1, 2009, the 60¢ surcharge on driver's licenses that covers the cost of security features.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-21 Identification cards - renewal by mail - period of validity. Allows an individual who meets certain requirements to renew his or her identification card by mail. Requires such a person to attest under penalty of perjury that he or she is lawfully present in the United States and is a resident of Colorado. Allows the department of revenue to promulgate rules.

APPROVED by Governor April 24, 2006
EFFECTIVE July 1, 2006

S.B. 06-28 Registration - bronze star special license plate - appropriation. Creates the bronze star special license plate. Authorizes a person who has received a bronze star medal to use the plate.

Appropriates $1,608 from the license plate cash fund to the department of revenue for the implementation of the act.

APPROVED by Governor June 5, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-58 Periodic emissions inspections. Changes the requirement for periodic emissions inspection of light-duty diesel motor vehicles from once every 12 months to once every 24 months for vehicles that are 10 years old or newer and model year 2004 or newer. Exempts light-duty diesel vehicles that are less than 4 model years old from emissions inspections.

APPROVED by Governor May 11, 2006
EFFECTIVE July 1, 2007

S.B. 06-80 Registration - support the troops special license plate. Creates the support the troops special license plate that features a yellow ribbon with a flag and the phrase "support the troops". On and after July 1, 2007, authorizes issuance of the plate to persons who pay the appropriate fees plus a one-time fee of $25. Authorizes issuance of personalized support the troops special license plates. Prohibits renewal of the plates if at least 3,000 plates are not issued by July 1, 2009.

Requires a person applying for the plate to donate $25 to a nonprofit organization selected by the adjutant general to administer the program. Requires the donation to be used to aid veterans, active service members, and their families, with no more than 7% used for administrative costs.

APPROVED by Governor June 1, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-83 Driver's licenses and permits - alternate permit supervisor. Authorizes a parent, stepparent, grandparent, or guardian or foster parent, who signs an affidavit of liability, but does not have a driver's license, to appoint an alternate permit supervisor. Requires the alternate permit supervisor to be 21 years of age or older and hold a valid Colorado driver's license.

Allows a minor with a driver's permit or driver's license to drive a motorcycle or motor-driven cycle under the supervision of a parent, stepparent, grandparent with power of attorney, guardian, foster parent, or alternate permit supervisor, authorized to drive a motorcycle or motor-driven cycle in this state.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-100 Registration - Colorado "Kids First" special license plate. Creates the Colorado "Kids First" license plate. 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 fund to file a statement of nonprofit status with the department of revenue. Credits the one-time fee to the highway users' tax fund.

APPROVED by Governor June 2, 2006
EFFECTIVE July 1, 2007

S.B. 06-163 Title - liens - perfection. Sets the date on which a lien on a motor vehicle is perfected to be the date on which it is filed with the county clerk and recorder. Makes the following changes to the perfection filing requirements:

● Requires the address of the mortgagee.

● Replaces the requirement for a complete description with a requirement for the make, model, color, and identification number.

● Requires the date of the mortgage.

Applies these statutory changes to mortgages or liens on motor vehicles filed with a county clerk and recorder on or after July 1, 2006.

APPROVED by Governor April 24, 2006
EFFECTIVE July 1, 2006

S.B. 06-172 Registration - military special license plates - taxes fees. Removes the fees and taxes for one set of military valor special license plates and survivors of Pearl Harbor special licence plates.

APPROVED by Governor May 11, 2006
EFFECTIVE January 1, 2007

H.B. 06-1007 Motor vehicle - transfers - scrapping. Prohibits a person who is not a licensed motor vehicle dealer from purchasing or otherwise receiving a motor vehicle for the purpose of scrapping the motor vehicle, unless the seller or transferor:

● Is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer; and

● Provides a completed bill of sale on a form prescribed by the department of revenue (department).

Requires a person other than a motor vehicle dealer who purchases or otherwise receives a motor vehicle for the purpose of scrapping the vehicle to keep it for 7 business days before scrapping it. Establishes penalties for violations of the provisions of the act.

Requires the department to keep records related to abandoned vehicles that are wrecked or dismantled for one year.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1020 Collectors' items - horseless carriage special license plate. Defines the phrase "early date of manufacture" for the purposes of registering collectors' motor vehicles that are at least 50 years old. Requires the executive director of the department of revenue to register collectors' motor vehicles for 5 years.

APPROVED by Governor March 27, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1035 Commercial vehicles - railroad stops. Requires a commercial vehicle that transports passengers to stop before crossing railroad tracks. Requires a school bus, commercial vehicle transporting passengers, and vehicle carrying hazardous materials to stop before crossing street-grade railroad tracks within a residential area. Requires such vehicles to stop even when the railroad crossing has a gate or flashing lights.

APPROVED by Governor March 17, 2006
EFFECTIVE July 1, 2006

H.B. 06-1072 Registration - fallen service member special license plate - appropriation. Creates the fallen service member special license plate to indicate that a family member of the owner has fallen in the line of duty while serving in the armed forces. Authorizes the spouse, child, or parent of a person who has died serving in the armed forces to be issued the plate. Sets standards for the issuance of the plate.

Clarifies that the plate is a distinctive plate not requiring 3,000 plates be issued.

Appropriates $1,608 to the motor vehicle division of the department of revenue.

APPROVED by Governor June 6, 2006
EFFECTIVE January 1, 2007

H.B. 06-1084 Speed contests - speed exhibitions - aiding and facilitating - exemption - driver's license points - court-ordered immobilization of motor vehicle - unauthorized removal of immobilization device - removal fee - motor vehicle abandonment - impoundment in lieu of immobilization device. Repeals and reenacts the traffic statute concerning illegal speed contests. Specifies that speed contests and speed exhibitions are separate crimes with separate penalties. Clarifies that aiding or facilitating the commission of a speed contest offense or speed exhibition offense results in liability for the commission of the particular offense.

Specifies that the operation of a motor vehicle in organized competition on an authorized race track, race course, or drag strip is exempt from liability for speed contests or speed exhibitions. Assesses driver's license points if a person is convicted of a speed contest offense, a speed exhibition offense, or aiding or facilitating the commission of either offense.

Permits a court, in its discretion, to order that a motor vehicle used in an illegal speed contest or speed exhibition be fitted with an immobilization device under certain circumstances. Specifies that the unauthorized removal of an immobilization device is a misdemeanor traffic offense. Requires a law enforcement agency that is ordered to place an immobilization device on a motor vehicle to inform the court if it is unable to comply with the order because the law enforcement agency is not yet equipped with an immobilization device or because it does not have a sufficient number of immobilization devices. Requires the court in such a case to order the law enforcement agency to impound the motor vehicle for the same time period that the court initially ordered the motor vehicle to be immobilized.

Requires the owner of an immobilized motor vehicle to pay a fee for the time period that the immobilization device remains on the vehicle. Permits a court, in its discretion, to grant additional time within which to pay the immobilization fee. Requires a court that grants additional time to notify the law enforcement agency that placed the immobilization device. Specifies that a motor vehicle from which an immobilization device is not properly removed within a stated period of time will be deemed abandoned for purposes of the laws concerning vehicles abandoned on public or private property. Includes a law enforcement agency that placed a court-ordered immobilization device on a motor vehicle as a recipient of proceeds from the sale of the motor vehicle under the abandoned vehicle laws.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1104 Identification card - fingerprints. Requires an application for a state-issued identification card to contain the applicant's fingerprint.

APPROVED by Governor March 17, 2006
EFFECTIVE July 1, 2006

H.B. 06-1107 Driver's license - permit requirements - minors. Requires the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigns the application for a minor's instruction permit, to sign the log or other written evidence certifying that the driver has completed at least 50 hours of actual driving experience as required for issuance of a driver's license.

Requires a driver 16 years of age or older who is driving with a valid instruction permit to be accompanied by the person who signs the affidavit of liability.

Requires a driver 15 years of age but less than 16 years of age, who is driving with a valid instruction permit, to be accompanied by a specified person who is seated in the front seat of the motor vehicle in close proximity to the driver.

Requires the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who accompanies the minor while the minor is driving, to hold a valid Colorado driver's license.

Authorizes a parent, stepparent, grandparent, or guardian, who signs a minor's instruction permit but does not have a valid Colorado driver's license, to appoint an alternate supervisor. Requires the alternate supervisor to be 21 years of age or older and a Colorado licensed driver.

Allows a parent, stepparent, grandparent, or guardian, who does not have a valid Colorado driver's license but holds a valid driver's license from another state and has proper military identification, to supervise a minor while the minor is driving with an instruction permit.

Authorizes the parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signs the log or other written evidence certifying that the minor has completed at least 50 hours of driving to allow the minor to drive, for additional hours, with an individual, 21 years of age or older, who holds a valid driver's license.

APPROVED by Governor May 1, 2006
EFFECTIVE July 1, 2006

H.B. 06-1108 Minor convicted of traffic offense - mandatory attendance at court-approved driver improvement school - payment for attendance - financial assistance information.Requires, rather than permits, a court to order a minor under 18 years of age who is convicted of a traffic violation other than a traffic infraction to attend a driver improvement school. Requires the minor, or the minor's parents who appear in court with the minor, to pay the cost of attending the driver improvement school. Requires courts to make available information on scholarships and other financial assistance in order to help minors or their parents offset the costs of driver improvement school. Specifies that the driver improvement school shall be approved by the court.

APPROVED by Governor April 13, 2006
EFFECTIVE July 1, 2006

H.B. 06-1118 Commercial driver's licenses - out-of-service orders - alcohol impaired driving. Adds an administrative revocation of a license for driving while ability impaired for a person under 21 years of age, or of driving under the influence, to the grounds for placing a commercial driver's license out of service. Clarifies when a police officer shall serve a notice of revocation for any violation that warrants revocation.

Changes the periods of revocation for alcohol-related offenses by commercial drivers to match federal standards, which range from one year to a lifetime ban.

Clarifies that an out-of-service order includes an order issued under United States federal, state, or local law or under Canadian or Mexican law.

Declares it a class 1 traffic misdemeanor to operate a motor vehicle in violation of an out-of-service order. Prohibits plea bargains unless the prosecutor does not have a prima facie case.

Upon conviction, instructs the department of revenue to suspend the commercial driver's license of the violator. Sets procedures for administering the suspension, for conducting any hearing related to the suspension, and for judicial review of the department's final action.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

H.B. 06-1162 Restrictions on minor drivers - increase age limit of minors subject to restrictions to 18 years of age - violation of restraining device and seatbelt laws - penalties.Increases the age of minor drivers that are subject to specific restrictions from under 17 years of age to under 18 years of age. Enhances the penalty for minor drivers under 18 years of age who violate the traffic laws concerning the use of restraining devices and seatbelts in motor vehicles.

APPROVED by Governor April 13, 2006
EFFECTIVE July 1, 2006

H.B. 06-1171 Persistent drunk drivers - ignition interlock device - probationary licenses - surcharge. Lowers the blood alcohol content level for identification of a persistent drunk driver from 0.20 to 0.17. Requires the use of an ignition interlock device as a condition of a probationary license issued to a persistent drunk driver. Clarifies that a person required to obtain an ignition interlock device may not drive without the device until the restriction is removed, and requires the division of motor vehicles in the department of revenue to note this requirement on the person's driving record. Authorizes moneys in the persistent drunk driver cash fund to be used to pay for intervention or treatment services for persons unable to pay for the intervention or treatment. Increases the minimum surcharge for alcohol- and drug-related traffic offenses to $50 and prohibits a court from reducing or suspending the surcharge unless the court determines that the defendant is indigent.

APPROVED by Governor June 1, 2006
EFFECTIVE January 1, 2007

H.B. 06-1176 Registration - kit vehicles - emissions inspection exemption. Defines a "kit vehicle" as a passenger-type motor vehicle that has been assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin. Specifies that the year listed on the certificate of title is the same as the year stated on the kit manufacturer's statement of origin. Exempts kit vehicles from the motor vehicle emissions inspection program.

APPROVED by Governor June 1, 2006
EFFECTIVE July 1, 2007

H.B. 06-1178 Insurance requirement - motorist insurance database - appropriation. Continues the motorist insurance identification database program (program) indefinitely and removes the program from the cycle of legislative review pursuant to sunset law. Directs the department of revenue to conduct an analysis of the effectiveness of the database and report the findings to the business affairs and labor committee of the Colorado house of representatives by January 1, 2008. Changes from monthly to weekly the schedule for updating the database. Authorizes the department to operate the database internally instead of with a private contractor.

Adjusts appropriations made in the 2006 general appropriations act for the implementation of this act.

APPROVED by Governor May 25, 2006
EFFECTIVE July 1, 2006

H.B. 06-1294 Motor vehicle titles - rebuilder's title. Creates a rebuilder's title for a motor vehicle. Requires an applicant for a rebuilder's title to furnish, upon application:

● A statement indicating the means by which the applicant acquired the vehicle, the source of the vehicle's title of ownership, and any other information the executive director of the department of revenue may require;

● A bond or a reasonable alternative; and

● Evidence that the applicant has had a certified vehicle identification number inspection performed on the vehicle.

Directs the department of revenue to issue to a rebuilder's title holder a standard title, upon making the vehicle roadworthy, if certain conditions are met. Directs the department to issue a new vehicle identification number to a rebuilt vehicle if the owner of the vehicle can establish evidence of ownership of the vehicle and its parts.

APPROVED by Governor May 17, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1302 Emissions testing - high-emission vehicles - identification through remote sensing - clean screen program - appropriation. Establishes a high emitter program to identify and repair high-emission vehicles. Requires the department of public health and environment to brief the transportation legislation review committee on the effectiveness of the high emitter program. Establishes a phased increase in clean screen testing, including identifying locations that may accommodate unmanned remote sensing devices without causing a safety hazard. Allows the department to reduce the number of lanes at enhanced inspection centers or the number of enhanced inspection centers in the program area.

Requires vehicles identified as exceeding acceptable emission limitations to report to an enhanced inspection center within 30 days. Requires a vehicle that fails an enhanced emissions test to be repaired and to pass a subsequent approved emissions test before the vehicle may be registered or reregistered. Requires vehicles that operate within the program area but registered outside the program area that are repeatedly detected under the clean screen program be subject to enforcement under a program to identify vehicles that exceed acceptable emissions limitations. Establishes that the owner of a vehicle that is not in compliance shall have 30 days to repair and test the vehicle successfully. Establishes a fine of $100 per violation. Requires that, after 90 days, registration be administratively suspended on a vehicle that remains out of compliance.

Establishes a pay-upon-registration program. Establishes that the emissions inspection fee shall not exceed $9.

Allows for the termination of all requirements for regularly scheduled basic or enhanced emissions inspections of motor vehicles.

Appropriates $250,000 and 1.5 FTE to the department of public health and environment for the implementation of the act.

APPROVED by Governor May 25, 2006
EFFECTIVE July 1, 2006

H.B. 06-1339 Registration - Denver broncos special license plate - appropriation. Creates the Denver Broncos special license plate for motor vehicles that do not exceed 16,000 pounds. On and after January 1, 2007, 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 Denver Broncos Charities confirming a $30 donation to the Denver Broncos Charities. Credits the one-time fee to the highway users tax fund. Retires the plate if 3000 such plates are not issued by July 1, 2009.

Appropriates $53,600 to the department of revenue, for allocation to the motor vehicle division, for the implementation of the act.

APPROVED by Governor June 6, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1341 Commercial driver's licenses - unlawful use or possession - misdemeanor.Makes it a misdemeanor for a person to:

● Possess an altered or false commercial driver's license;

● Fraudulently obtain or refuse to surrender a commercial driver's license;

● Use another person's, or to permit another person to use the person's, commercial driver's license;

● Refuse to surrender a suspended, revoked, or cancelled commercial driver's license; or

● Duplicate a commercial driver's license for purposes of resale or distribution.

Directs the division of motor vehicles in the department of revenue to revoke permanently the privilege of receiving a commercial driver's license for a violation relating to the commercial driver's license. Prohibits a court from accepting a plea to an offense other than a violation relating to a commercial driver's license unless the prosecuting attorney is unable to establish a prima facie case.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1390 Excess size and weight - permits - mobile cranes. Authorizes the department of transportation to issue permits to mobile cranes that exceed otherwise-applicable weight and size limits but are within the weight limits set by the department. Sets standards for such permits.

APPROVED by Governor June 1, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1394 Specific ownership tax - registration - rental fees. Authorizes companies renting class A motor vehicles to pay 2% of the rental fees in lieu of paying normal specific ownership tax.

APPROVED by Governor May 17, 2006
EFFECTIVE July 1, 2006

H.B. 06-1404 Registration - support public education license plate - appropriation. Creates the support public education special license plate for motor vehicles that do not exceed 16,000 pounds. On and after January 1, 2007, authorizes issuance of the plate to persons who pay the appropriate fees plus a one-time fee of $25 and who have a certificate confirming a $20 donation issued by Impact on Education, Inc. Authorizes the issuance of personalized support public education license plates. Credits the one-time fee to the highway users tax fund.

Allows the donor to select among participating nonprofit education organizations to receive the donation. Sets standards for such nonprofit education organizations. States that all donations collected pursuant to the act shall be used to support programs that focus on student learning in Colorado public schools. Retires the plate, effective July 1, 2009, if fewer than 3,000 such plates are issued.

Appropriates $16,080 to the department of revenue, motor vehicle division, for implementation of the act.

APPROVED by Governor May 25, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1406 Electronic devices designed to cause traffic lights to change - unlawful possession, sale, and use - penalties. Makes it a class B traffic infraction with a $50 fine to illegally possess or sell an electronic device that is designed to cause a traffic light to change.

Increases the penalty classification for illegally using an electronic device that causes a traffic light to change from a class B traffic infraction to a class A traffic infraction with a $100 fine. Further increases the penalty classification to a class 1 misdemeanor traffic offense with a mandatory $1,000 fine if the illegal use of the electronic device that causes the traffic light to change proximately causes bodily injury to another person.

APPROVED by Governor June 6, 2006
EFFECTIVE June 6, 2006