Motor Vehicles And Traffic Regulation - Digest of Bills

Digest of Bills - 2009

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 09-2 Motor vehicle registration fee - emergency medical services account - appropriation. Increases the motor vehicle registration fee from $1.00 to $2.00 to fund the emergency medical services account within the highway users tax fund.

Appropriates $4,913,923 cash funds and 3.0 FTE to the department of public health and environment, health facilities and emergency medical services division from the emergency medical services account in the highway users tax fund.

APPROVED by Governor May 19, 2009
EFFECTIVE May 19, 2009

S.B. 09-3 Emissions - automobile inspection and readjustment program - expansion of current program area - reclassification of Weld and Larimer counties as enhanced program areas - delayed deployment of remote sensing equipment pending results of legislative audit - modification of eligibility requirements for automobiles registered as collectors' items - appropriations. As of January 1, 2010, moves Weld and Larimer counties from the basic emissions program area of the automobile inspection and readjustment program (program) to the enhanced emissions program area. Modifies the geographical boundaries of those parts of Weld and Larimer counties that are excluded from the program area. Sets July 1, 2010, as the date by which vehicles in the new enhanced program areas of Weld and Larimer counties must obtain a certificate of emissions control in order to be registered or reregistered.

Requires the air quality control commission in the department of public health and environment to review the boundaries of the program area on or before December 31, 2011.

Requires the air quality control division (division) in the department of public health and environment to cooperate fully with the legislative audit committee's 2009 review of the remote sensing program. Prohibits the deployment of remote sensing equipment in new areas until the audit is completed and the division, in conjunction with the department of revenue, determines the viability and validity of the remote sensing program.

Ensures that the diesel inspection program areas remain unaltered.

Excludes a collector's item motor vehicle with a model year of 1975 or earlier from the emissions testing process. Correspondingly, changes the definition of "collector's item" from a motor vehicle that is at least 25 years old to a vehicle that is either:

A model year of 1975 or earlier; or

A model year of 1976 or later that is registered as a collector's item on or before September 1, 2009.

Prevents a motor vehicle with a model year of 1976 or later that is registered as a collector's item on or before September 1, 2009, from being registered as a collector's item after sale or transfer to a new owner.

For implementation of the act, makes the following appropriations:

From the department of public health and environment (DPHE) subaccount of the automobile inspection and readjustment account of the highway users tax fund, $97,112 and 1.5 FTE, or so much thereof as may be necessary, to the DPHE, for allocation to the air quality control division.

From the department of revenue (DOR) subaccount of the automobile inspection and readjustment account of the highway users tax fund to the DOR, for allocation to the division of motor vehicles, vehicle emissions, $39,304 and 0.5 FTE, or so much thereof as may be necessary.

From the license plate cash fund, for allocation to the division of motor vehicles, $67,027, or so much thereof as may be necessary. Of these moneys, reappropriates $67,027, or so much thereof as may be necessary, to the department of corrections, for allocation to correctional industries.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

S.B. 09-14 Splash guards - replacement - timing. Allows vehicles with deficient splash guards to remain in service until the first reasonable opportunity to replace the splash guards.

APPROVED by Governor April 20, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-25 Driver's licenses and identification cards - security - fees - appropriation. Extends the 60-cent identification security fund surcharge for driver's licenses and identification cards until July 1, 2014.

Appropriates $292,807 to the department of revenue, division of motor vehicles, for providing identification security in drivers' licenses and other identification documents.

APPROVED by Governor May 18, 2009
EFFECTIVE July 1, 2009

S.B. 09-107 Certificates of title - rebuilding motor vehicles - bonded title. Extends to 24 months the time that a purchaser or transferee of a 25-year-old motor vehicle has to apply for a certificate of title. Extends to 24 months the time that a notarized bill of sale exempts a motor vehicle that is at least 25 years old from requiring a bonded title when the vehicle does not have an existing title.

S.B. 09-133 Motor vehicles - traffic violations - surcharges - Colorado traumatic brain injury trust fund - appropriation. Increases the amount of the surcharges that are collected on certain traffic violations and credited to the to the Colorado traumatic brain injury trust fund.

Appropriates $730,525 from the Colorado traumatic brain injury trust fund to the department of human services for implementation of the Colorado traumatic brain injury program.

APPROVED by Governor June 2, 2009
EFFECTIVE June 2, 2009

S.B. 09-148 Bicycles - operation on roadways - interaction with other vehicles - passing - safety margins - use of turn lanes - riding two abreast - harassment of bicyclists - penalties. Clarifies rules governing bicyclists riding 2 abreast, staying to the right-hand side of the roadway when possible, and using right-turn lanes. Specifies that a driver must allow at least 3 feet of clearance when passing a bicyclist, and creates a limited exception to the prohibition on driving left-of-center to allow drivers to give bicyclists extra room.

Punishes crowding or threatening a bicyclist with a motor vehicle as careless driving. Provides enhanced penalties for throwing any object or substance at a bicyclist.

APPROVED by Governor May 11, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-150 Purchase-money lien - motor vehicles - priority. Gives a perfected purchase-money lien priority over a conflicting lien in a motor vehicle and priority in proceeds if the purchase-money lien is perfected within 30 days after the debtor receives possession of the vehicle.

APPROVED by Governor April 22, 2009
EFFECTIVE April 22, 2009

S.B. 09-161 Registration - license plates - special Colorado ski Country plates - appropriation. Authorizes Colorado ski country special license plates for motor vehicles that do not exceed 16,000 pounds. Authorizes issuance of the special license plates to persons who pay the appropriate fees, plus 2 one-time fees equaling $50, and crediting $25 to the highway users tax fund and $25 to the licensing services cash fund.

Appropriates $16,080 from the license plate cash fund to the division of motor vehicles in the department of revenue for the implementation of the act.

APPROVED by Governor June 3, 2009
EFFECTIVE June 3, 2009

S.B. 09-175 Special license plates - issuance. Provides an additional option for applicants to receive a raptor education license plate. Extends to July 1, 2011, the date the department may stop issuing the following special license plates: Support public education; Colorado "Kids First"; Italian-American heritage; share the road; Colorado horse development authority; and Colorado carbon fund.

Authorizes people with these plates to continue using them after July 1, 2011.

APPROVED by Governor May 4, 2009
EFFECTIVE July 1, 2009

S.B. 09-222 Moving violations - enforcement - automated vehicle identification devices - sign requirements. Sets the following standards for signs that give warning that an automated vehicle identification device is being used to detect a traffic violation or disobedience to a traffic control signal:

The sign must be placed in a conspicuous place not fewer than 200 feet nor more than 500 feet before the automated vehicle identification system; and

The sign must use lettering that is at least 4 inches high for upper case letters and 2 9/10 inches high for lower case letters.

S.B. 09-274 Department of revenue - division of motor vehicles - funding - highway users tax fund - driver's license and identification card fees. Authorizes appropriations from the following sources to the division of motor vehicles in the department of revenue for expenses incurred in connection with the administration of the driver's license program by the division of motor vehicles:

The highway users tax fund during the 2008-09 and 2009-10 fiscal years; and

The motorist insurance identification account in the highway users tax fund during the 2008-09 fiscal year.

Credits fees related to driver's licenses and identification cards to the licensing services cash fund during fiscal year 2009-10 rather than to the highway users tax fund. Modifies appropriations made to the division of motor vehicles in the 2008-09 long bill.

APPROVED by Governor May 1, 2009
EFFECTIVE May 1, 2009

H.B. 09-1026 Small vehicles - scooters - electrical assist bicycles - mobility devices. Replaces the current categories of self-propelled vehicles of "motor-driven cycle", "motorscooter", and "motorized bicycle" with "motorcycle" and "low-power scooter". Applies substantially similar requirements to such vehicles. Defines "low-power scooter" as a vehicle with fewer than 4 wheels, no manual clutch, and a power capacity not exceeding either 50cc or 4,476 watts. Conforms the definitions of "motorcycle" and "toy vehicle" to categorize the vehicles.

Requires a motor vehicle dealer license to sell a low-power scooter. Requires the driver of a low-power scooter to carry insurance, effective July 1, 2010, and includes the vehicle in the insurance database. Prohibits the operation of a low-power scooter at over 40 miles per hour. Imposes the following penalties for exceeding 40 miles per hour:

1-4 miles per hour over is $56 and 0 points;

5-9 miles per hour over is $85 and 2 points;

More than 9 miles per hour over is $116 and 4 points.

Authorizes an electrical assisted bicycle, which has substantially similar standards to a bicycle except that it is not authorized for use on a bike or pedestrian trail. Authorizes the use of an electric personal assistive mobility device on a roadway with the following limitations:

It is prohibited on a limited-access highway;

It is prohibited on a bike or pedestrian path; and

It is limited to a speed of twelve and one-half miles per hour.

Authorizes local jurisdictions to set local standards for the use of electrical assisted bicycles and electric personal assistive mobility devices.

Clarifies that the drug and alcohol driving offenses apply to all vehicles, including low-power scooters, farm tractors, and off-highway vehicles.

Requires a license to sell powersports vehicles at wholesale. Sets standards for such licensure substantively similar to the standards for a motor vehicle wholesale license.

APPROVED by Governor May 20, 2009
PORTIONS EFFECTIVE October 1, 2009
PORTIONS EFFECTIVEJuly 1, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1027 Transit buses - right of way - yield sign. Authorizes illuminated yield signs on transit buses. Requires drivers of vehicles in the same lane of traffic behind a transit bus to yield the right-of-way when the bus is signaling an intention to enter a traffic lane. Specifies that a public mass transit operator is not required to install yield signs on its transit buses and that a driver of a transit bus is not relieved from the duty to drive with due regard for the safety of all persons using the roadway.

APPROVED by Governor April 2, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1036 Vehicle - personal property registration fees - funding for peace officer training - appropriation. Increases the registration fee by 60 cents for every Class A, B, or C personal property item. Requires the registration fee to be transmitted to the state treasurer for deposit in the peace officers standards and training (P.O.S.T.) board cash fund in order to provide peace officer training programs.

For the fiscal year beginning July 1, 2009, appropriates $1,494,995 from the P.O.S.T. board cash fund and 1.0 FTE to the department of law, criminal justice and appellate division, for peace officer training programs.

APPROVED by Governor May 21, 2009
EFFECTIVE July 1, 2009

H.B. 09-1089 Motor vehicles - liens - filing requirements. Deletes the requirement that a motor vehicle lien filing contain the vehicle's model and color. Adds a requirement that the filing contain the year of manufacture. Changes a potential heading for lien indexing from the motor number, manufacturer's number, or serial number to the vehicle identification number. Deletes obsolete provisions. Authorizes a separate lien release to remove the notation of security interest on a vehicle title in lieu of requiring the lienholder to sign the physical title. Extends the duration of a lien filing from 8 years to 10 years, but exempts multipurpose trailers.

APPROVED by Governor April 30, 2009
EFFECTIVE October 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1094 Wireless telephone use while driving - under 18 complete prohibition - over 18 prohibit texting - exceptions. Prohibits persons who are under 18 years of age from using a wireless telephone while operating a motor vehicle. Prohibits persons who are 18 years of age and older from using a wireless telephone to send text messages while operating a motor vehicle. Makes exceptions for contacting a public safety entity or during an emergency. Makes violations a class A traffic infraction. Identifies wireless telephone use in a motor vehicle as a matter of statewide concern.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

H.B. 09-1100 Registration and taxation - license plates - "Alive at 25" special license plate - appropriation. Authorizes "Alive at 25" special license plates for motor vehicles that do not exceed 16,000 pounds. Authorizes issuance of the special license plates to persons who pay the appropriate fees, including 2 one-time fees equaling $50, $25 of which is credited to the highway users tax fund and $25 of which is credited to the licensing services cash fund. Requires a $30 donation to the Colorado state patrol family foundation in addition to the one-time fees.

Appropriates $16,080 from the license plate cash fund to the department of revenue to implement the act.

APPROVED by Governor May 19, 2009
EFFECTIVE May 19, 2009

H.B. 09-1119 Rural alcohol and substance abuse prevention and treatment program - creation - surcharges on alcohol- and drug-related offenses. Establishes the rural alcohol and substance abuse prevention and treatment program (program) in the division of alcohol and drug abuse in the department of human services (division) to provide prevention and treatment services to youth in rural areas and treatment services to persons in rural areas. Directs the division to incorporate the program into existing contracting mechanisms.

Establishes the rural alcohol and substance abuse cash fund (cash fund). Repeals the program effective July 1, 2016, following a sunset review.

Establishes a surcharge on persons convicted of certain alcohol- and drug-related offenses. Directs that the moneys received from the surcharge be deposited in the cash fund.

APPROVED by Governor June 2, 2009
EFFECTIVE January 1, 2010

H.B. 09-1133 License plate fees - division of correctional industries authority to set fees - reporting - appropriation. Repeals the statutorily set fee amounts for a license plate, decal, and validating tabs (license plate fees). Authorizes the director of the division of correctional industries in the department of corrections (director), upon the recommendation of the correctional industries advisory committee and with input from the department of revenue and the office of state planning and budgeting, to set annually the amount of license plate fees in an amount limited to the amount sufficient to cover the cost to produce the license plate, decal, or validating tab.

Requires the director to file a written report with the transportation and energy committee of the house of representatives and the transportation committee of the senate on March 1, 2010, and on or before each March 1 every 5 years thereafter, concerning any change in the license plate fee amounts imposed during the preceding 5 years and the reason for the change in fee amounts.

Appropriates $528,000 from the license plate cash fund to the department of revenue for allocation to the division of motor vehicles for the implementation of the act. Reappropriates the $528,000 from the department of revenue to the department of corrections for allocation to the correctional industries division for the implementation of the act.

APPROVED by Governor May 21, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1234 Drivers' licenses - authority to revoke or suspend. Directs the department of revenue to immediately suspend the driver's license of a person who fails to appear for a license suspension hearing. Provides that a driver who failed to appear for a license suspension hearing and suffered a license suspension may request a subsequent hearing to appeal the suspension. Directs the department to revoke the license of an habitual offender.

APPROVED by Governor April 3, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1236 School buses - stops - signs - passing. Requires a driver to stop at least 20 feet before reaching a school bus when the bus signals the driver to stop. Specifies that a driver must also stop at least 20 feet before reaching a school bus that is not required to be equipped with visual signal lights when such a bus stops to receive or discharge schoolchildren.

H.B. 09-1246 Violations - court orders - driving schools - appropriation. Requires the department of revenue (department) to contract with a private entity by July 1, 2010, to monitor and evaluate driver improvement schools that defendants are required to attend by court orders. Requires the private entity to submit a report to the court that has approved the particular driving school. Requires defendants attending the school to register with the private entity.

Broadens the ability of courts to require driving schools for the violation of any law regulating the operation of a motor vehicle, except for drug and alcohol offenses. Requires a court to offer the defendant the opportunity to attend such a school if the defendant has not been convicted of violating any law regulating the operation of a motor vehicle within the previous 18 months.

Creates the defensive driving school fund. Imposes a penalty surcharge on defendants ordered to attend a driving school in an amount determined by the department to offset the direct and indirect costs of monitoring and evaluating the schools. Requires the referring court to provide information about the penalty surcharge.

Appropriates $29,170 from the defensive driving school fund and 0.5 FTE to the department.

APPROVED by Governor June 1, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1279 Abandoned motor vehicles - tow carriers. Makes the following changes to the procedures for dealing with motor vehicles abandoned on public property:

Requires a law enforcement agency to give a tow operator a written authorization to tow an abandoned motor vehicle.

Makes the operator responsible for removing motor vehicle debris but not any hazardous or commercial cargo carried by the motor vehicle.

Extends the right to recover reasonable fees to a tow operator who is acting under the direction of a police officer.

Clarifies that local regulations may not deprive a tow operator of a perfected lien.

Makes the following changes to the procedures for dealing with motor vehicles abandoned on both public and private property:

Requires auto recyclers to have a tow carrier license to deal with abandoned motor vehicles.

Requires a tow agency to wait 2 days before having a department of revenue (department) record search performed to find the owner or lienholder.

Clarifies that the tow operator sends the notice of a motor vehicle tow to the last address listed on the motor vehicle's registration.

Removes the tow operator's obligation to perform a search for an owner or lienholder beyond the department's records.

Requires the tow operator to send the notice of a motor vehicle tow to the owner or lienholder within 3 days after receiving the information.

Authorizes the tow operator to continue to collect daily storage fees if the law enforcement agency is responsible for the operator's failure to comply with the deadline.

Increases the threshold for when a motor vehicle is considered scrap from $200 to $350.

Allows motor vehicles abandoned on the property of a motor vehicle recycler to be recycled if the vehicle's appraised value is less than $350.

Requires the department to send a certificate of title to the purchaser of an abandoned motor vehicle within 14 days.

Clarifies that transferring title to a tow operator to satisfy the lien is not a sale of the motor vehicle.

For motor vehicles abandoned on private property, requires the department to send a receipt to a tow operator for funds paid when the tow operator sends the department a postage-paid, self-addressed envelope.

APPROVED by Governor April 22, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1318 Overweight vehicles - issuance of permits based on axle configuration. Effective January 1, 2010:

Repeals before it takes effect a newly enacted increase from 85,000 pounds to 92,000 pounds in the maximum gross vehicle weight of a nonoverweight vehicle;

Makes an overweight vehicle permit available for a vehicle that is operated in combination with a trailer or semitrailer if the trailer has a tandem or triple axle grouping and the vehicle weighs up to 97,000 pounds; and

Specifies overweight vehicle permit fees of $500 for an annual permit, $250 for a 6-month permit, and $15 plus $10 per axle for a single trip permit for a vehicle that is operated in combination with a trailer or semitrailer, that has a trailer that has a tandem or triple axle grouping, and that weighs up to 97,000 pounds.

APPROVED by Governor June 1, 2009
EFFECTIVE Janaury 1, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1347 Registration - license plates - donate life special plate - appropriation. Authorizes donate life special license plates for motor vehicles that do not exceed 16,000 pounds. Authorizes issuance of the special license plate to a person who pays the appropriate fees, plus 2 one-time fees equaling $50, and crediting $25 to the highway users tax fund and $25 to the licensing services cash fund.

Appropriates $16,080 from the license plate cash fund to the division of motor vehicles in the department of revenue for the implementation of the act.