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Home My WebLink AboutCode.Model Traffic Code.2003-NP.CDOTMODEL TRAFFIC CODE FOR COLORADO Originally adopted in 1952. Subsequently revised in 1962, 1966, 1970, 1973, 1974, 1977 and 1995 Colorado Department of Transportation State of Colorado REVISED 2003 Table of Contents ARTICLE I PART 1 TRAFFIC REGULATION - GENERALLY 101 102 103 Scope and effect of Code - exceptions to provisions ..................5 104 105 Local traffic control devices........................................................5 106 Who may restrict right to use highways. .....................................5 107 Obedience to police officers........................................................6 108 Public officers to obey provisions - exceptions for emergency vehicles...............................................................6 109 Motorized bicycles, animals, skis, skates, toy vehicles, and all-terrain recreational vehicles on highways.................7 109.5 Neighborhood electric vehicles ...................................................9 110 Provisions uniform throughout jurisdiction. ...............................9 111 112 Noninterference with the rights of owners of realty. ..................9 113 114 Removal of traffic hazards. .......................................................10 PART 2 EQUIPMENT 201 Obstruction of view or driving mechanism - hazardous situation..................................................................11 202 Unsafe vehicles..........................................................................12 203 Unsafe vehicles - spot inspections.............................................12 204 When lighted lamps are required...............................................14 205 Head lamps on motor vehicles. .................................................14 205.5 Lamps on motor vehicles - additional requirements .................15 206 Tail lamps and reflectors. ..........................................................15 207 Clearance and identification......................................................16 208 Stop lamps and turn signals.......................................................18 209 Lamp or flag on projecting load. ...............................................18 210 Lamps on parked vehicles. ........................................................19 iii 211 Lamps on farm equipment and other vehicles and equipment. .19 212 Spot lamps and auxiliary lamps.................................................21 213 Audible and visual signals on emergency vehicles. ..................22 214 Visual signals on service vehicles.............................................23 215 Signal lamps and devices - additional lighting equipment........24 215.5 Signal lamps and devices - street rod vehicles and custom motor vehicles...............................................................25 216 Multiple-beam road lights. ........................................................25 217 Use of multiple-beam lights. .....................................................26 218 Single-beam road-lighting equipment. ......................................27 219 Number of lamps permitted.......................................................27 220 Motorized bicycles - motor-driven cycles - lighting. ................27 221 Bicycle equipment. ....................................................................28 222 Volunteer firemen - volunteer ambulance attendants - special lights and alarm systems.........................................29 223 Brakes. .......................................................................................30 224 Horns or warning devices..........................................................31 225 Mufflers - prevention of noise...................................................32 226 Mirrors - exterior placements. ...................................................33 227 Windows unobstructed - certain materials prohibited - windshield wiper requirements...........................................33 228 Restrictions on tire requirements...............................................34 229 Safety glazing material in motor vehicles. ................................36 230 Emergency lighting equipment - who must carry......................36 231 Parking lights.............................................................................38 232 Minimum safety standards for motorcycles and motor-driven cycles. ...........................................................38 233 Alterations of suspension system. .............................................38 234 Slow-moving vehicles - display of emblem. .............................38 235 Minimum standards for commercial vehicles - spot inspections. ........................................................................39 236 Child restraint systems required - definitions - exemptions......39 237 Safety belt systems - mandatory use exemptions. ....................41 PART 3 EMISSIONS INSPECTION (omitted) PART 4 DIESEL EMISSIONS PROGRAM (omitted) iv PART 5 SIZE - WEIGHT - LOAD 501 Size and weight violations.........................................................44 502 Width of vehicles. ....................................................................44 503 Projecting loads on passenger vehicles. ...................................44 504 Height and length of vehicles....................................................45 505 Longer vehicle combinations. ...................................................46 506 Trailers and towed vehicles.......................................................47 507 Wheel and axle loads.................................................................48 508 Gross weight of vehicles and loads. ..........................................49 509 Vehicles weighed - excess removed..........................................50 510 Permits for excess size and weight and for manufactured homes. ...........................................................51 511 Permit standards - local. ............................................................53 512 Liability for damage to highway. ..............................................54 PART 6 SIGNALS - SIGNS - MARKINGS 601 Municipality to sign highways, where. .....................................55 602 Local traffic control devices......................................................55 603 Obedience to official traffic control devices.............................55 604 Traffic control signal legend. ....................................................56 605 Flashing signals. ....................................................................58 606 Display of unauthorized signs or devices.................................59 607 Interference with official devices. .............................................59 608 Signals by hand or signal device. ..............................................59 609 Method of giving hand and arm signals. ...................................59 610 Unauthorized insignia................................................................60 611 Paraplegic persons or person with disabilities - distress flag....60 612 When signals are inoperative or malfunctioning.......................60 613 Failure to pay toll established by rural transportation authority.....................................................60 614 Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations. .............................................................61 615 School zones - increase in penalties for moving traffic violations. ..........................................................61 v PART 7 RIGHTS-OF-WAY 701 Vehicles approaching or entering intersection. .........................63 702 Vehicle turning left....................................................................63 703 Entering through highway - stop or yield intersection. .............63 704 Vehicle entering roadway..........................................................64 705 Operation on approach of emergency vehicles. ........................64 706 Obedience to railroad signal......................................................64 707 Certain vehicles must stop at railroad grade crossings. ............65 708 Moving heavy equipment at railroad grade crossing. ...............66 709 Stop when traffic obstructed. ....................................................66 710 Emerging from or entering, alley, driveway, or building..........67 711 Driving on mountain highways. ................................................67 712 Driving in highway work area. ..................................................67 PART 8 PEDESTRIANS 801 Pedestrians obedience to traffic control devices and traffic regulations. ....................................................................69 802 Pedestrians’ right-of-way in crosswalks....................................69 803 Crossing at other than crosswalks. ............................................70 804 Pedestrian to use right half of crosswalk. Repealed. 805 Pedestrians walking or traveling in a wheelchair on highways. 70 806 Driving through safety zone prohibited.....................................71 807 Drivers to exercise due care. .....................................................72 808 Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities. ...................................72 PART 9 TURNING - STOPPING 901 Required position and method of turning..................................73 902 Limitations on turning around...................................................73 903 Turning movements and required signals. ................................74 vi PART 10 DRIVING - OVERTAKING - PASSING 1001 Drive on right side - exceptions ................................................75 1002 Passing oncoming vehicles........................................................75 1003 Overtaking vehicle on the left. ..................................................76 1004. When overtaking on the right is permitted................................76 1005 Limitations on overtaking on the left. .......................................76 1006 One-way roadways and rotary traffic islands............................77 1007 Driving on roadways laned for traffic. ......................................78 1008 Following too closely. ...............................................................78 1009 Coasting prohibited. ..................................................................79 1010 Driving on divided or controlled-access highways. ..................79 1011 Use of runaway vehicle ramps. .................................................80 1012 High occupancy vehicle lanes. ..................................................80 PART 11 SPEED REGULATIONS 1101 Speed limits. ....................................................................81 1102 Altering of speed limits - when. ................................................83 1103 Minimum speed regulation........................................................84 1104 Speed limits on elevated structures. ..........................................85 1105 Speed contests. ....................................................................86 PART 12 PARKING 1201 Starting parked vehicle..............................................................87 1202 Parking or abandonment of vehicles. ........................................87 1203 1204 Stopping, standing, or parking prohibited in specified places. .87 1205 Parking at curb or edge of roadway...........................................89 1206 Unattended motor vehicle. ........................................................89 1207 Opening and closing vehicle doors. ..........................................89 1208 Parking privileges for persons with disabilities. .......................89 1209 Owner liability for parking violations. ......................................92 1210 Designated areas on private property for authorized vehicles - county - unincorporated areas. ................92 1211 Limitations on backing. .............................................................93 vii PART 13 ALCOHOL AND DRUG OFFENSES (omitted) PART 14 OTHER OFFENSES 1401 Reckless driving - penalty. ........................................................94 1402 Careless driving - penalty..........................................................94 1403 Following fire apparatus prohibited. .........................................94 1404 Crossing fire hose. ....................................................................94 1405 Riding in trailers. ....................................................................94 1406 Foreign matter on highway prohibited. .....................................94 1407 Spilling loads on highways prohibited. .....................................95 1407.5 Splash guards - when required ..................................................96 1408 Operation of motor vehicles on property under control of or owned by parks and recreation districts. ........................96 1409 Compulsory insurance - penalty................................................97 1410 1411 Use of earphones while driving.................................................98 1412 Operation of bicycles and other human-powered vehicles. ......98 1413 Eluding or attempting to elude a police officer.......................100 1414 Moving construction related equipment..................................101 1415 Use of dyed fuel on highways prohibited................................101 PART 15 MOTORCYCLES 1501 Traffic laws apply to persons operating motorcycles - special permits. .................................................................102 1502 Riding on motorcycles.............................................................102 1503 Operating motorcycles on roadways laned for traffic. ............102 1504 Clinging to other vehicles........................................................103 PART 16 ACCIDENTS AND ACCIDENT REPORTS (omitted) viii PART 17 PENALTIES AND PROCEDURE 1701 Traffic offenses classified - schedule of fines........................ 104 1702 Counties - traffic offenses classified - schedule of fines........ 104 1703 Parties to a crime. ................................................................. 105 1704 Offenses by persons controlling vehicles............................... 105 1705 Person arrested to be taken before the proper court. .............. 105 1706 Juveniles - convicted - arrested and incarcerated - provisions for confinement............................................ 106 1707 Summons and complaint or penalty assessment notice for traffic offenses - release - registration. ............................ 107 1708 Burden of proof - appeals. ...................................................... 109 1709 Penalty assessment notice for traffic offenses - violations of provisions by officer - driver’s license........................ 109 1710 Failure to pay penalty for traffic infractions - procedures. ... 110 1711 Compliance with promise to appear....................................... 110 1712 Procedures prescribed not exclusive. ..................................... 110 1713 Conviction record inadmissible in civil action....................... 111 1714 Traffic violations not affect credibility of witness................. 111 1715 Convictions, judgments, and charges recorded - public inspection. ................................................................. 111 1716 Notice to appear or pay fine - failure to appear - penalty....... 111 1717 Conviction - attendance at driver improvement school.......... 112 PART 18 TOWING AND STORAGE (omitted) PART 19 SCHOOL BUSES 1901 School buses - equipment with supplementary brake retarders. ................................................................. 113 1902 School bus drivers - special training required. ....................... 113 1903 School buses - stops - signs - passing..................................... 114 1904 Regulations for school busses - regulations on discharge of pas- sengers - penalty - exception. ................................................. 116 ix ARTICLE II DEFINITIONS 101 Meaning of words. ................................................................. 119 102 Definitions. ................................................................. 119 APPENDIX PART A. Instructions for adopting Model Traffic Code by reference. ................................................................. 131 PART B. Specimen ordinance for adopting Model Traffic Code by reference. ................................................................. 134 PART C. Specimen notice of hearing.............................................. 137 PART D. Specimen certification for posting of ordinance.............. 138 PART E. Instructions for amending Model Traffic Code previously ... adopted. ................................................................. 139 PART F. Listing of amendments for updating Model Traffic Code..... previously adopted. .......................................................... 141 PART G. Specimen certification of Code........................................ 142 x 1 FORWARD Because of the great mobility of today’s traffic and the influx of motorists from many areas, every driver has a right to expect that the rules governing the movement of vehicles and pedestrians on streets and highways shall be clearly defined and reasonably uniform throughout the state and the nation. The General Assembly of the State of Colorado has repeatedly recog- nized that conflicts between the state’s traffic laws and municipal traffic ordinances lead to uncertainty in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations in the following terms: “This article constitutes the uniform traffic code throughout the state and in all political subdivisions and municipalities therein”. (Source: 42- 4-110 (1), C.R.S.) “All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by reference all or any part of a model traffic code which embodies the rules of the road and vehicle requirements set forth in this article and such other additional regulations as are provided for in section 42-4-111; except that, in the case of state highways, any such additional regulations shall have the approval of the department of transportation”. (Source: 42-4-110 (1)(b), C.R.S.) “No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance, rule, or resolution which alters or changes the meaning of the “rules of the road” or is otherwise in conflict with the provisions of this article. For the purpose of this section, the “rules of the road” shall be construed to mean any of the regulations on the operation of vehicles set forth in this article which drivers throughout the state are required to obey without the benefit or necessity of official traffic control devices as declared in section 42-4-603 (2).” (Source: 42- 4-110(1)(c), C.R.S.) These provisions leave little doubt that the basic driving rules are expected to be uniform statewide for the protection of Colorado drivers. If state laws and local government traffic codes are to serve their purpose they must complement one another and be given the widest possible publicity as companion documents. 2 The National Committee on Uniform Traffic Laws and Ordinances points out that it is not the proper purpose of traffic legislation to impose unnecessary or unreasonable restrictions on street or highway traffic, but to ensure, as far as this can be done by law and its enforcement, that traffic shall move smoothly, efficiently and safely; that no legitimate user of the street or highway, whether in a vehicle or on foot, shall be killed, injured or frustrated in such use by the improper behavior of others. Through the cooperative efforts of both state and local governments the “Model Traffic Code”, now in its ninth revision has been developed to make available a specimen set of motor vehicle and traffic regulations that track state law. Section 42-4-105, C.R.S., provides that all traffic control devices placed or maintained by local authorities shall conform to the most recent edition of the federal “Manual on Uniform Traffic Control Devices” (MUTCD) and the state supplement thereto. Traffic regulatory areas preempted by state law have not been made part of the Code. Local governments are urged to bring their traffic ordinances into harmony with the current Code. Local governments that adopt the Code by reference are cautioned not to make any changes or additions which are in conflict with state law. However, the adopting local governments are at liberty to delete any parts, articles, or sections which are deemed to be inapplicable. A specimen ordinance and specimen public notices for adopting the Code by reference will be found in the Appendix. The exhibit on page 4 shows the role of the “Model Traffic Code” in the Colorado’s uniform system of traffic regulation and control. 3 OFFICIAL STATE DOCUMENTS ON COLORADO DRIVING RULES AND TRAFFIC CONTROL REGULATIONS Uniform traffic code for Model ordinance embodies State of Colorado. Updated provisions of Colorado law periodically to correlate applicable in driving in with national model municipalities in a form that legislation. can be adopted by reference. Drivers’ handbooks Manual of FHWA approved authorized by statute. Issued control devices with by Colorado Department of Supplement showing Revenue (Motor Vehicle Colorado additions and Division). Traffic control exceptions, as required text and illustrations by State law. developed by the Colorado Department of Transportation. THESE DOCUMENTS ARE THE BLUE PRINTS FOR A UNIFORM SYS- TEM OF TRAFFIC REGULATIONS AND CONTROL IN COLORADO! COLORADO DRIVERS MANUAL UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS COLORADO REVISED STATUTES Title 42 Article 4 MODEL TRAFFIC CODE FOR COLORADO 4 Page Intentionally Left Blank PART 1 TRAFFIC REGULATION - GENERALLY 101. 102. 103. Scope and effect of Model Traffic Code - exceptions to provi- sions. (1) This Code constitutes the model traffic code throughout this jurisdiction. (2) The provisions of this Code relating to the operation of vehicles and the movement of pedestrians refer exclusively to the use of streets and highways except: (a) Where a different place is specifically referred to in a given section; (b) For provisions of sections 1401, 1402 and 1413 of this Code which shall apply upon streets and highways and elsewhere throughout the jurisdiction. Source: MTC 2003 (2)(b) amended. 104. 105. Local traffic control devices. Local government authorities shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this Code or local traffic ordinances to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of sections 42-4-110 and 43-2-135 (1)(g), C.R.S. All such traffic control devices shall conform to the state manual and specifications for state- wide uniformity as provided in section 42-4-104, C.R.S. 106. Who may restrict right to use highways. (1) This local govern- ment may with respect to highways under its jurisdiction may by ordi- nance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be oper- ated upon any such highway, for a total period of not to exceed ninety days in any one calendar year, whenever any said highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. (2) After enacting any such ordinance signs designating the permissible 5 weights shall be erected and maintained. (3) This local government, with respect to highways under its jurisdic- tion, may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles on designated highways or may impose limitations as to the weight thereof, which prohibitions and limitations shall be designated by appropriate signs placed on such highways. 107. Obedience to police or sheriff’s officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic. 108. Public officers to obey provisions - exceptions for emergency vehicles. (1) The provisions of this Code are applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or other political subdivision of the state, subject to such specific exceptions as are set forth in this Code with reference to autho- rized emergency vehicles. (2) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this Code. The driver of an authorized emer- gency vehicle may: (a) Park or stand, irrespective of the provisions of this Code or state law; (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the lawful speeds set forth in section 1101(2) or exceed the maximum lawful speed limits set forth in section 1101(8) so long as said driver does not endanger life or property; (d) Disregard regulations governing directions of movement or turning in specified directions. (3) The exemptions granted in paragraphs (b) to (d) of subsection (2) of this section to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of section 213, and the exemption granted in paragraph (a) of subsection (2) of this section shall apply only when such vehicle is making use of visual signals meeting the requirements of section 213 6 unless using such visual signals would cause an obstruction to the normal flow of traffic; except that an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible and visual signals so long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. Nothing in this section shall be construed to require an emergency vehicle to make use of audible signals when such vehicle is not moving, whether or not the vehicle is occupied. (4) The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of such driver’s reckless disregard for the safety of others. 109. Motorized bicycles, animals, skis, skates, toy vehicles, and all- terrain recreational vehicles on highways. (1) Every person riding a motorized bicycle upon a roadway where motorized bicycle travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Code, except those provisions of this Code which, by their very nature, can have no application. Said riders shall also comply with special rules set forth in this section and in section 220 (1)(b) and (1)(c) and, when using streets and highways within municipalities and counties, shall be subject to local ordinances regulating the operation of motorized bicycles as provided in section 42-4-111, C.R.S. Whenever the word “vehicle” is used in any of the driving rules set forth in this article that are applicable to motorized bicycle riders, such term shall include motorized bicycles. (2) A person riding a motorized bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (3) No motorized bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (4) No person riding upon any motorized bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. (5) Every person operating a motorized bicycle upon a roadway shall ride as close to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. 7 (6) Persons riding motorized bicycles upon a roadway shall not ride more than two abreast except on lanes or parts of roadways set aside for the exclusive use of bicycles. (7) For the sake of uniformity and bicycle and motorized bicycle safety throughout the state, the department of revenue in cooperation with the department of transportation shall prepare and make available to all local jurisdictions for distribution to bicycle and motorized bicycle riders therein a digest of state regulations explaining and illustrating the rules of the road, equipment requirements, and traffic control devices that are applicable to such riders and their bicycles or motorized bicycles. Local authorities may supplement this digest with a leaflet describing any additional regulations of a local nature that are applicable within their respective jurisdictions. (8) Persons riding or leading animals on or along any highway shall ride or lead such animals on the left side of said highway, facing ap- proaching traffic. This shall not apply to persons driving herds of animals along highways. (9) No person shall use the highways for traveling on skis, toboggans, coasting sleds, skates, or similar devices. It is unlawful for any person to use any roadway of this state as a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a highway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This subsection (9) does not apply to any public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose. (10) Every person riding or leading an animal or driving any animal- drawn conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except those provisions of this Code which by their very nature can have no application. (11) Where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily traveled streets and highways, the department of transportation may, subject to the provisions of section 43- 2-135, C.R.S., by resolution or order entered in its minutes, and local authorities may, where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to it within four hundred fifty feet of the right-of-way of heavily traveled streets, by 8 ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, animal rider, animal-drawn conveyance, or other class or kind of non-motorized traffic which is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the department of transportation or local authority shall erect appropriate official signs giving notice thereof; except that with respect to controlled access highways the provisions of section 42-4-1010 (3), C.R.S., shall apply. When such official signs are so erected, no person shall violate any of the instructions contained thereon. (12) The parent of any child or guardian of any ward shall not autho- rize or knowingly permit any child or ward to violate any provision of this section. 109.5 Neighborhood electric vehicles. (1) Except as provided in section 42-4-111 (1)(aa), C.R.S., no person shall operate a neighborhood electric vehicle on a highway. (2) No person shall operate a neighborhood electric vehicle on a limited access highway. Source: MTC 2003 section added. 110. Provisions uniform throughout jurisdiction. (1) The provi- sions of this Code shall be applicable and uniform throughout this local government. (2) This local government shall regulate and enforce all traffic and parking restrictions on streets which are state highways as provided in sections 42-4-110 (1)(e) and 43-2-135 (1)(g), C.R.S. (3) This local government may enact, adopt, or enforce traffic regula- tions which cover the same subject matter as the various sections of this Code or state law and such additional regulations as are included in section 42-4-111, C.R.S. (4) The appropriate local court shall have jurisdiction over violations of traffic regulations enacted or adopted by the City or Town Council or Board of County Commissioners. 111. 112. Noninterference with the rights of owners of realty. Subject to the exception provided in section 103(2), nothing in this Code shall be construed to prevent the owner of real property used by the public for 9 purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Code, or from otherwise regulating such use as may seem best to such owner. 113. 114. Removal of traffic hazards. (1) Local authorities may by written notice sent by certified mail require the owner of real property abutting on the right-of-way of any highway, sidewalk, or other public way to trim or remove, at the expense of said property owner, any tree limb or any shrub, vine, hedge, or other plant which projects beyond the property line of such owner onto or over the public right-of-way and thereby obstructs the view of traffic, obscures any traffic control device, or otherwise constitutes a hazard to drivers or pedestrians. (2) It is the duty of the property owner to remove any dead, overhang- ing boughs of trees located on the premises of such property owner that endanger life or property on the public right-of-way. (3) In the event that any property owner fails or neglects to trim or remove any such tree limb or any such shrub, vine, hedge, or other plant within ten days after receipt of written notice from said local authority to do so, the local authority may do or cause to be done the necessary work incident thereto, and said property owner shall reimburse the local government for the cost of the work performed. 10 PART 2 EQUIPMENT 201. Obstruction of view or driving mechanism - hazardous situation. (1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle. (2) No person shall knowingly drive a vehicle while any passenger therein is riding in any manner which endangers the safety of such passenger or others. (3) No person shall drive any motor vehicle equipped with any televi- sion viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver’s seat or which is visible to the driver while operating the motor vehicle. The provisions of this subsection (3) shall not be interpreted to prohibit the usage of any computer, data terminal, or other similar device in a motor vehicle. (4) No vehicle shall be operated upon any highway unless the driver’s vision through any required glass equipment is normal and unobstructed. (5) No passenger in a vehicle shall ride in such position as to create a hazard for such passenger or others, or to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle; nor shall the driver of a vehicle permit any passenger therein to ride in such manner. (6) No person shall hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or to any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion; nor shall the operator knowingly permit any person to hang on or otherwise attach himself to the outside, top, hood, or fenders of any vehicle, or any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion. This subsection (6) shall not apply to parades, caravans, or exhibitions which are offi- cially authorized or otherwise permitted by law. (7) The provisions of subsection (6) of this section shall not apply to a vehicle owned by the United States government or any agency or instru- 11 mentality thereof, or to a vehicle owned by the state of Colorado or any of its political subdivisions, or to a privately owned vehicle when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the state of Colorado, when in the performance of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and safe- guards. 202. Unsafe vehicles - penalty. (1) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section and 204 to 231 and part 3 of this Code, or which is equipped in any manner in violation of said sections and part 3 or for any person to do any act forbidden or fail to perform any act required under said sections and part 3. (2) The provisions of this section and sections 204 to 231 of this Code with respect to equipment on vehicles shall not apply to implements of husbandry or farm tractors, except as made applicable in said sections and part. (3) Nothing in this Code shall be construed to prohibit the use of additional parts and accessories on any vehicle, consistent with the provisions of this Code or state law. 203. Unsafe vehicles - spot inspections. (1) Uniformed law enforce- ment officers, at any time upon reasonable cause, may require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection and such test with reference thereto as may be appropriate. The fact that a vehicle is an older model vehicle shall not alone consti- tute reasonable cause. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment, the officer may give a written notice and issue a summons to the driver. Said notice shall require that such vehicle be placed in safe condition and properly equipped or that its equipment be placed in proper repair and adjustment, the particulars of which shall be specified on said notice. (2) In the event any such vehicle is, in the reasonable judgment of such police officer, in such condition that further operation would be hazard- 12 ous, the officer may require, in addition to the instructions set forth in subsection (1) of this section, that the vehicle be moved at the operator’s expense and not operated under its own power or that it be driven to the nearest garage or other place of safety. (3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1) of this section or mailed pursuant to paragraph (b) of subsection (4) of this section shall comply therewith and shall secure a certification upon such notice by a law enforcement officer that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Code. Said certification shall be returned to the owner or driver for presentation in court as provided for in subsection (4) of this section. (4)(a)(I) Except as provided for in subparagraph (II) or subparagraph (III) of this paragraph (a), any owner receiving written notice and a summons pursuant to this section is guilty of a traffic offense and, upon conviction thereof, shall be punished by a fine. (II) If the owner repairs the unsafe condition or installs or adjusts the required equipment within thirty days after issuance of the notice and summons and presents the certification required in subsection (3) of this section to the court of competent jurisdiction, he shall be punished by a fine of five dollars. (III) If the owner submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that he has disposed of the vehicle for junk parts or immobilized the vehicle and he also submits to the court the registration and license plates for the vehicle, he shall be punished by a fine of five dollars. If the owner wishes to relicense the vehicle in the future, he must obtain the certification required in subsection (3) of this section. (b)(I) Except as provided for in subparagraph (II) of this paragraph (b), any nonowner driver receiving written notice and a summons pursuant to this section is guilty of a traffic offense and, upon conviction thereof, shall be punished by a fine. (II) If the driver submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that he was not the owner of the car at the time the summons was issued and that he mailed, within five days of issuance thereof, a copy of the notice and summons by certified mail to the owner of the vehicle at the address on the regis- tration. (c) Upon a showing of good cause that the required repairs or adjust- ments cannot be made within thirty days after issuance of the notice and 13 summons, the court of competent jurisdiction may extend the period of time for installation or adjustment of required equipment as may appear justified. (d) The owner may, in lieu of appearance, submit to the court of competent jurisdiction, within thirty days after the issuance of the notice and summons, the certification specified in subsection (3) of this section. Source: MTC 2003 (4)(b)(II) and (4)(d) amended. 204. When lighted lamps are required. (1) Every vehicle upon a highway within this local government, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discern- ible at a distance of one thousand feet ahead, shall display lighted lamps and illuminating devices as required by this Code for different classes of vehicles, subject to exceptions with respect to parked vehicles. (2) Whenever requirement is declared by this Code as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection (1) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condi- tion is expressly stated. (3) Whenever requirement is declared by this Code as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. 205. Head lamps on motor vehicles. (1) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in sections 202 and 204 to 231 where applicable thereto. (2) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of sections 202 and 204 to 231. (3) Every head lamp upon every motor vehicle, including every motor- cycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches, to be measured as set forth in section 204 (3). 14 205.5. Lamps on motor vehicles - additional requirements. (1)(a) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle. (b) No person shall equip, drive or move any vehicle or equipment upon any highway with any lamp or device thereon capable of displaying a red or blue light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which such lights visible from the front are expressly authorized or required by this Code. (c) This section shall not be construed to prohibit the use on any vehicle of simultaneously flashing hazard warning lights as provided by section 215 (7). Source: MTC 2003 section added, relocated from section 220(3). 206. Tail lamps and reflectors. (1) Every motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as required in section 204, shall emit a red light plainly visible from a distance of five hundred feet to the rear; but, in the case of a train of vehicles, only the tail lamp on the rear-most vehicle need actually be seen from the distance speci- fied, and except as provided in section 215.5. Furthermore, every such vehicle registered in this state and manufactured or assembled after January 1, 1958, shall be equipped with at least two tail lamps mounted on the rear, on the same level and as widely spaced laterally as practi- cable, which, when lighted as required in section 204, shall comply with the provisions of this section. (2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches, to be measured as set forth in section 204(3). (3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. This subsection (3) shall not apply to neighborhood electric vehicles. 15 (4) Every motor vehicle operated on and after January 1, 1958, upon a highway in the state of Colorado shall carry on the rear, either as part of a tail lamp or separately, one red reflector meeting the requirements of this section; except that vehicles of the type mentioned in section 207 shall be equipped with reflectors as required in those sections applicable thereto and except as provided in section 215.5. (5) Every new motor vehicle sold and operated on and after January 1, 1958, upon a highway shall carry on the rear, whether as a part of the tail lamps or separately, two red reflectors; except that every motorcycle and every motor-driven cycle shall carry at least one reflector meeting the requirements of this section, and vehicles of the type mentioned in section 207 shall be equipped with reflectors as required in those sec- tions applicable thereto. (6) Every reflector shall be mounted on the vehicle at a height of not less than twenty inches nor more than sixty inches, measured as set forth in section 204 (3) and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams and head lamps; except that visibility from a greater distance is required by law of reflectors on certain types of vehicles. Source: MTC 2003 (1),(2),(3), and (4) amended. 207. Clearance and identification. (1) Every vehicle designed or used for the transportation of property or for the transportation of persons, shall display lighted lamps at the times mentioned in section 204 when and as required in this section. (2) Clearance lamps: (a) Every motor vehicle or motor-drawn vehicle having a width at any part in excess of eighty inches shall be equipped with four clearance lamps located as follows: (I) Two on the front and one at each side, displaying an amber light visible from a distance of five hundred feet to the front of the vehicle; (II) Two on the rear and one at each side, displaying a red light visible only to the rear and visible from a distance of five hundred feet to the rear of the vehicle, which said rear clearance lamps shall be in addition to the rear red lamp required in section 206. (b) All clearance lamps required shall be placed on the extreme sides and located on the highest stationary support; except that, when three or more identification lamps are mounted on the rear of a vehicle on the vertical center line and at the extreme height of the vehicle, rear clear- ance lamps may be mounted at optional height. (c) Any trailer, when operated in conjunction with a vehicle which is 16 properly equipped with front clearance lamps as provided in this section, may be, but is not required to be, equipped with front clearance lamps if the towing vehicle is of equal or greater width than the towed vehicle. (d) All clearance lamps required in this section shall be of a type approved by the department of revenue. (3) Side marker lamps: (a) Every motor vehicle or motor-drawn vehicle or combination of such vehicles which exceeds thirty feet in overall length shall be equipped with four side marker lamps located as follows: (I) One on each side near the front displaying an amber light visible from a distance of five hundred feet to the side of the vehicle on which it is located; (II) One on each side near the rear displaying a red light visible from a distance of five hundred feet to the side of the vehicle on which it is located; but the rear marker light shall not be so placed as to be visible from the front of the vehicle. (b) Each side marker lamp required shall be located not less than fifteen inches above the level on which the vehicle stands. (c) If the clearance lamps required by this section are of such a design as to display lights visible from a distance of five hundred feet at right angles to the sides of the vehicles, they shall be deemed to meet the requirements as to marker lamps in this subsection (3). (d) All marker lamps required in this section shall be of a type ap- proved by the department of revenue. (4) Clearance reflectors: (a) Every motor vehicle having a width at any part in excess of eighty inches shall be equipped with clearance reflec- tors located as follows: (I) Two red reflectors on the rear and one at each side, located not more than one inch from the extreme outside edges of the vehicle; (II) All such reflectors shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (b) One or both of the required rear red reflectors may be incorporated within the tail lamp or tail lamps if any such tail lamps meet the location limits specified for reflectors. (c) All such clearance reflectors shall be of a type approved by the department of revenue (5) Side marker reflectors: (a) Every motor vehicle or motor-drawn vehicle or combination of vehicles which exceeds thirty feet in overall length shall be equipped with four side marker reflectors located as follows: (I) One amber reflector on each side near the front; 17 (II) One red reflector on each side near the rear. (b) Each side marker reflector shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (c) All such side marker reflectors shall be of a type approved by the department of revenue. (6) Nothing in this section shall be construed to supersede any federal motor vehicle safety standard established pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966”, public law 89-563, as amended. 208. Stop lamps and turn signals. (1) Every motor vehicle or motor- drawn vehicle shall be equipped with a stop light in good working order at all times and shall meet the requirements of section 215 (1). (2) No person shall sell or offer for sale or operate on the highways any motor vehicle registered in this state and manufactured or assembled after January 1, 1958, unless it is equipped with at least two stop lamps meeting the requirements of section 215 (1); except that a motorcycle, motor-driven cycle, or truck tractor manufactured or assembled after said date shall be equipped with at least one stop lamp meeting the requirements of section 215 (1). (3) No person shall sell or offer for sale or operate on the highway any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1958, and no person shall operate any motor vehicle, trailer, or semitrailer on the highways when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches, unless it is equipped with electrical turn signals meeting the requirements of section 215 (2). This subsection (3) shall not apply to any motorcycle or motor- driven cycle. 209. Lamp or flag on projecting load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the time specified in section 204, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time, there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. 210. Lamps on parked vehicles. (1) Whenever a vehicle is lawfully 18 parked upon a highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal any person or object within a distance of one thousand feet upon such highway, no lights need be displayed upon such parked vehicle. (2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between sunset and sunrise and there is not sufficient light to reveal any person or object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more operating lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a dis- tance of five hundred feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closer to passing traffic. This subsection (2) shall not apply to a motor-driven cycle. (3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. 211. Lamps on farm equipment and other vehicles and equipment. (1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall at all times mentioned in section 204 be equipped with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of such vehicle and shall also be equipped with at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear of such vehicle. (2) Every self-propelled unit of farm equipment not equipped with an electric lighting system shall at all times mentioned in section 204, in addition to the lamps required in subsection (1) of this section, be equipped with two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. (3) Every combination of farm tractor and towed unit of farm equip- ment or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped with the following lamps: (a) At least one lamp mounted to indicate as nearly as practicable to the 19 extreme left projection of said combination and displaying a white light visible from a distance of not less than five hundred feet to the front of said combination; (b) Two lamps each displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear of said combination or, as an alternative, at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear thereof and two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear thereof when illuminated by the upper beams of head lamps. (4) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall at all times mentioned in section 204 be equipped with two single- beam head lamps meeting the requirements of section 216 or 218, respectively, or, as an alternative, section 220(2) and at least one red lamp visible from a distance of not less than five hundred feet to the rear; but every such self-propelled unit of farm equipment other than a farm tractor shall have two such red lamps or, as an alternative, one such red lamp and two red reflectors visible from all distances within six hundred feet to one hundred feet when directly in front of lawful upper beams of head lamps. (5)(a) Every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall at all times mentioned in section 204 be equipped with lamps as follows: (I) The farm tractor element of every such combination shall be equipped as required in subsection (4)of this section. (II) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped with two red lamps visible from a distance of not less than five hundred feet to the rear or, as an alternative, two red reflectors visible from all distances within six hundred feet to the rear when directly in front of lawful upper beams of head lamps. (b) Said combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible from a distance of not less than five hundred feet to the front and a lamp displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear. (6) The lamps and reflectors required in this section shall be so posi- tioned as to show from front and rear as nearly as practicable the extreme projection of the vehicle carrying them on the side of the roadway used 20 in passing such vehicle. If a farm tractor or a unit of farm equipment, whether self-propelled or towed, is equipped with two or more lamps or reflectors visible from the front or two or more lamps or reflectors visible from the rear, such lamps or reflectors shall be so positioned that the extreme projections, both to the right and to the left of said vehicle, shall be indicated as nearly as practicable. (7) Every vehicle, including animal-drawn vehicles and vehicles referred to in section 202(2), not specifically required by the provisions of this Code to be equipped with lamps or other lighting devices shall at all times specified in section 204 be equipped with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of said vehicle and shall also be equipped with two lamps displaying red lights visible from a distance of not less than five hundred feet to the rear of said vehicle or, as an alternative, one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear and two red reflectors visible for distances of one hundred feet to six hundred feet to the rear when illuminated by the upper beams of head lamps. 212. Spot lamps and auxiliary lamps. (1) Any motor vehicle may be equipped with not more than two spot lamps, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. (2) Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that, when the vehicle is not loaded, none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the requirements of this subsection (2) may be used with lower head-lamp beams as specified in section 216 (1)(b). (3) Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height not less than twenty inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of head lamps and auxiliary passing lamps. (4) Any motor vehicle may be equipped with not more than two 21 auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of head lamps and auxiliary driving lamps. 213. Audible and visual signals on emergency vehicles. (1) Except as otherwise provided in this section or in section 222 in the case of volunteer fire vehicles and volunteer ambulances, every authorized emergency vehicle shall, in addition to any other equipment and distinc- tive markings required by this Code, be equipped as a minimum with a siren and a horn. Such devices shall be capable of emitting a sound audible under normal conditions from a distance of not less than five hundred feet. (2) Every authorized emergency vehicle, except those used as under- cover vehicles by governmental agencies, shall, in addition to any other equipment and distinctive markings required by this Code, be equipped with at least one signal lamp mounted as high as practicable, which shall be capable of displaying a flashing, oscillating, or rotating red light to the front and to the rear having sufficient intensity to be visible at five hundred feet in normal sunlight. In addition to the required red light, flashing, oscillating, or rotating signal lights may be used which emit blue, white, or blue in combination with white. (3) A police vehicle, when used as an authorized emergency vehicle, may but need not be equipped with the red lights specified in this sec- tion. (4) Any authorized emergency vehicle, including those authorized by section 222, may be equipped with green flashing lights, mounted at sufficient height and having sufficient intensity to be visible at five hundred feet in all directions in normal daylight. Such lights may only be used at the single designated command post at any emergency loca- tion or incident and only when such command post is stationary. The single command post shall be designated by the on-scene incident commander in accordance with local or state government emergency plans. Any other use of a green light by a vehicle shall constitute a violation of this section. (5) The use of either the audible or the visual signal equipment de- scribed in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in section 705. 214. Visual signals on service vehicles. (1) Except as otherwise 22 provided in this section, on or after January 1, 1978, every authorized service vehicle shall, in addition to any other equipment required by this Code, be equipped with one or more warning lamps mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of colors shall be used as a warning lamp on an authorized service vehicle; except that an authorized service vehicle snowplow operated by a general purpose government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (2) The warning lamps authorized in subsection (1) of this section shall be activated by the operator of an authorized service vehicle only when the vehicle is operating upon the roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from the duty of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are required by this Code. Service vehicles authorized to operate also as emergency vehicles shall also be equipped to comply with signal require- ments for emergency vehicles. (3) Whenever an authorized service vehicle is performing its service function and is displaying lights as authorized in subsection (1) of this section, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such service vehicle and, in the case of highway and traffic maintenance equipment engaged in work upon the highway, shall comply with the instructions of section 712. (4) On or after January 1, 1978, only authorized service vehicles shall be equipped with the warning lights authorized in subsection (1) of this section. (5) On or before October 1, 1977, the department of transportation shall determine by rule and regulation which types of vehicles render an essential public service when operating on or along a roadway and warrant designation as authorized service vehicles under specified conditions. Source: MTC 2003 (1) amended. 215. Signal lamps and devices - additional lighting equipment. (1) 23 Any motor vehicle may be equipped, and when required under this Code shall be equipped, with a stop lamp or lamps on the rear of the vehicle which, except as provided in section 215.5, shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with one or more other rear lamps. Such stop lamp or lamps may also be automatically actuated by a mechanical device when the vehicle is reducing speed or stopping. If two or more stop lamps are installed on any motor vehicle, any device actuating such lamps shall be so designed and installed that all stop lamps are actuated by such device. (2) Any motor vehicle may be equipped, and when required under this Code shall be equipped, with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or to the left. Such lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and, except as provided in section 215.5, when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet to the rear in normal sunlight. When actuated, such lamps shall indicate the intended direction of turning by flashing the light showing to the front and rear on the side toward which the turn is made. (3) No stop lamp or signal lamp shall project a glaring or dazzling light. (4) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (5) Any motor vehicle may be equipped with not more than one runningboard courtesy lamp on each side thereof, which shall emit a white or amber light without glare. (6) Any motor vehicle may be equipped with not more than two back- up lamps either separately or in combination with other lamps, but no such back-up lamp shall be lighted when the motor vehicle is in forward motion. (7) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of 24 a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing and, when so equipped and when the said vehicle is not in motion or is being operated at a speed of twenty- five miles per hour or less and at no other time, may display such warn- ing in addition to any other warning signals required by this Code. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and, shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable and, except as provided in section 215.5, shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet under normal atmospheric conditions at night. (8) Any vehicle eighty inches or more in overall width may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted horizontally. Source: MTC 2003 (1),(2), and (7) amended. 215.5. Signal lamps and devices - street rod vehicles and custom motor vehicles. (1) As used in this section, unless the context otherwise requires: (a) “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter. (b) ”Street rod vehicle” means has the same meaning as provided in section 42-3-114 (3)(b), C.R.S. (2) A street rod vehicle or custom motor vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. Such lamps shall comply with all requirements provided in this Code and state statutes other than color requirements. Source: MTC 2003 section added. 216. Multiple-beam road lights. (1) Except as provided in this Code, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles, other than motorcycles or motor-driven cycles, shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and 25 such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: (a) There shall be an uppermost distribution of light or composite beam so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading. (b) There shall be a lowermost distribution of light or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead; and on a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (1.5) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted for neighbor- hood electric vehicles in lieu of multiple-beam road-lighting equipment specified in this section if the single distribution of light complies with the requirements of subsection (1)(b) of this section. (2) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after July 1, 1955, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. Source: MTC 2003 (1.5) added. 217. Use of multiple-beam lights. (1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 204, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (a) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam specified in section 216 (1) (b) shall be deemed to avoid glare at all times, regardless of road contour and loading. (b) Whenever the driver of a vehicle follows another vehicle within two hundred feet to the rear, except when engaged in the act of overtak- ing and passing, such driver shall use a distribution of light permissible under this title other than the uppermost distribution of light specified in 26 section 216 (1)(a). 218. Single-beam road-lighting equipment. (1) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 15, 1936, in lieu of multiple-beam road-lighting equipment specified in section 216 if the single distribution of light complies with the following requirements and limitations: (a) The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall, at a distance of twenty-five feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. (b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. 219. Number of lamps permitted. Whenever a motor vehicle equipped with head lamps as required in this Code is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred candle- power, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. 220. Motorized bicycles - motor-driven cycles - lighting equipment - department control - use and operation. (1)(a) Every motorized bicycle when in use at the times specified in section 204 shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear, of a type approved by the department of revenue, which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. (b) No person shall operate a motorized bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet; except that a motorized bicycle shall not be equipped with nor shall any person use upon a motorized bicycle a siren or whistle. (c) Every motorized bicycle shall be equipped with a brake which will 27 enable the operator to make the braked wheels skid on dry, level, clean pavement. (2) The head lamp or head lamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows: (a) Every said head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor-driven cycle is operated at any speed less than twenty-five miles per hour, and at a distance of not less than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five miles or more per hour, and at a distance of not less than three hundred feet when the motor-driven cycle is operated at a speed of thirty-five or more miles per hour. (b) In the event the motor-driven cycle is equipped with a multiple- beam head lamp or head lamps, the upper beam shall meet the minimum requirements set forth in paragraph (a) of this subsection (2) and shall not exceed the limitations set forth in section 216 (1) (a), and the lower- most beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section 216 (1)(b). (c) In the event the motor-driven cycle is equipped with a single-beam lamp, said lamp shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes. Source: MTC 2003 subsection (3) has been relocated and given a new number - section 205.5. 221. Bicycle equipment. (1) No other provision of this part 2 of this Code shall apply to bicycles or to equipment for use on bicycles except those provisions in this Code made specifically applicable to bicyclists, bicycles, or their equipment. (2) Every bicycle in use at the times described in section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front. (3) Every bicycle shall be equipped with a red reflector of a type approved by the department of revenue, which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (4) Every bicycle when in use at the times described in section 204 shall be equipped with reflective material of sufficient size and 28 reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet. (5) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (2) to (4) of this section. (6) A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle. (7) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement. (8) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number perma- nently stamped or cast on its frame. 222. Volunteer firemen - volunteer ambulance attendants - special lights and alarm systems. (1) All members of volunteer fire depart- ments regularly attached to the fire departments organized within incor- porated towns and cities and fire protection districts and all members of a volunteer ambulance service regularly attached to a volunteer ambu- lance service within a area which the which the ambulance service would be reasonably expected to serve may have their private automobiles equipped with a signal lamp or a combination of signal lamps capable of displaying flashing, oscillating, or rotating red lights visible to the front and rear at five hundred feet in normal sunlight. In addition to the red light, flashing, oscillating, or rotating signal lights may be used that emit white or white in combination with red lights. At least one of such signal lamps or combination of signal lamps shall be mounted on the top of the automobile. Said automobiles may be equipped with audible signal systems such as sirens, whistles, or bells. Said lights, together with any signal systems authorized by this subsection (1), may be used only when a member of any fire department is responding to or attending a fire alarm or other emergency or when the member of an ambulance service is responding to an emergency requiring the member’s services. Neither such lights nor such signals shall be used for any other purpose than those set forth in this subsection (1). If used for any other purpose, such use shall constitute a violation of this subsection (1). (2) Deleted. Source: MTC 2003 (1) amended, (2) deleted. 29 223. Brakes. (1) Brake equipment required: (a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the move- ment of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of apply- ing the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (b) Every motorcycle, motorized bicycle, and bicycle with motor attached, when operated upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot. (c) Every trailer or semitrailer of a gross weight of three thousand pounds or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. The provisions of this para- graph (c) shall not be applicable to any trailer which does not meet the definition of “commercial vehicle” as that term is defined section 42-4- 235 C.R.S., and which is owned by a farmer when transporting agricul- tural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distribut- ing dry fertilizer when hauled by a truck capable of stopping within the distance specified in subsection (2) of this section. (d) Every motor vehicle, trailer, or semitrailer constructed or sold in this state or operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle; except that: (I) Any trailer or semitrailer of less than three thousand pounds gross weight, or any horse trailer of a capacity of two horses or less, or any trailer which does not meet the definition of “commercial vehicle” as that term is defined in section 42-4-235 C.R.S., and which is owned by a farmer when transporting agricultural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used 30 solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with loaded trailer attached in the distance specified by subsection (2) of this section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one wheel. (II) Any truck or truck tractor, manufactured before July 25, 1980, and having three or more axles, need not have brakes on the wheels of the front or tandem steering axles if the brakes on the other wheels meet the performance requirements of subsection (2) of this section. (III) Every trailer or semitrailer of three thousand pounds or more gross weight must have brakes on all wheels. (e) Provisions of this subsection (1) shall not apply to manufactured homes. (2) Performance ability of brakes: (a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling twenty miles per hour within a distance of forty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent. (b) Under the conditions stated in paragraph (a) of this subsection (2), the hand brakes shall be adequate to stop such vehicle within a distance of fifty-five feet, and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated. (c) Under the conditions stated in paragraph (a) of this subsection (2), the service brakes upon a motor vehicle equipped with two-wheel brakes only, when permitted under this section, shall be adequate to stop the vehicle within a distance of fifty-five feet. (d) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this title. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle. 224. Horns or warning devices. (1) Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound, except as provided in section 213 (1) in the case of authorized emergency vehicles. The driver of a motor vehicle, when reasonably necessary to 31 insure safe operation, shall give audible warning with the horn but shall not otherwise use such horn when upon a highway. (2) No vehicle shall be equipped with nor shall any person use upon a vehicle any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices which are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under section 213 (1), but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes, including, but not limited to, funerals, parades, and the escort- ing of dignitaries. (3) No bicycle or motorized bicycle shall be equipped with nor shall any person use upon a bicycle or motorized bicycle any siren or whistle. (4) Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the requirements of section 214 as a warning to drivers when such equipment is in service on the highway. (5)(a) When any snowplow or other snow-removal equipment display- ing flashing yellow lights is engaged in snow and ice removal or control, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such snowplow. (b) The driver of a snowplow, while engaged in the removal or control of snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by section 214, shall not be charged with any violation of the provisions of this Code relating to parking or standing, turning, backing, or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others. 225. Mufflers - prevention of noise. (1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor 32 of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section. (1.5) Any commercial vehicle, as defined in section 42-4-235, C.R.S., subject to registration and operated on a highway, that is equipped with an engine compression brake device is required to have a muffler. (2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise. (3) This section shall not apply to electric motor vehicles. Source: MTC 2003 (1.5) and (3) added. 226. Mirrors - exterior placements. (1) Every motor vehicle shall be equipped with a mirror or mirrors so located and so constructed as to reflect to the driver a free and unobstructed view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (2) Whenever any motor vehicle is not equipped with a rear window and rear side windows or has a rear window and rear side windows composed of, covered by, or treated with any material or component which, when viewed from the position of the driver, obstructs the rear view of the driver or makes such window or windows non-transparent, or whenever any motor vehicle is towing another vehicle or trailer or carrying any load or cargo or object which obstructs the rear view of the driver, such vehicle shall be equipped with an exterior mirror on each side so located with respect to the position of the driver as to comply with the visual requirement of subsection (1) of this section. 227. Windows unobstructed - certain materials prohibited - wind- shield wiper requirements. (1)(a) Except as provided in this paragraph (a), no person shall operate any motor vehicle registered in Colorado on which any window, except the windshield, is composed of, covered by, or treated with any material or component which presents an opaque, non-transparent, or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The wind- shield shall allow seventy percent light transmittance. The provisions of this paragraph (a) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle; however, if such windows allow less than twenty-seven percent light transmittance, then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance. (b) Notwithstanding any provision of paragraph (a) of this subsection 33 (1), non-transparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following: (I) The bottom edge of the material extends no more than four inches measured from the top of the windshield down; (II) The material is not red or amber in color, nor does it affect percep- tion of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision; (III) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material. (c) Nothing in this subsection (1) shall be construed to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines. (d) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance. (e) Nothing in this subsection (1) shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed. (2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (3)(a) Except as provided in paragraph (b) of this subsection (3), any person who violates any provision of this section commits a traffic offence. (b) Any person who installs, covers, or treats a windshield or window so that the windshield or window does not meet the requirements of paragraph (a) of subsection (1) of this section commits a traffic offence. (4) This section shall apply to all motor vehicles. Source: MTC 2003 (3) amended. 228. Restrictions on tire equipment. (1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. (2) No person shall operate or move on any highway any motor ve- hicle, trailer, or semitrailer having any metal tire in contact with the roadway, and it is unlawful to operate upon the highways of this state any motor vehicle, trailer, or semitrailer equipped with solid rubber tires. 34 (3) No tire on a vehicle moved on a highway shall have on its periph- ery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread on the traction surface of the tire; except that, on single-tired passenger vehicles and on other single-tired vehicles with rated capacities up to and includ- ing three-fourths ton, it shall be permissible to use tires containing studs or other protuberances which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire; and except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other condi- tions tending to cause a vehicle to skid. (4) Local authorities, in their discretion, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code. (5)(a) No person shall drive or move a motor vehicle on any highway unless such vehicle is equipped with tires in safe operating condition in accordance with this subsection (5) and any supplemental rules and regulations promulgated by the executive director of the department of revenue. (b) A tire shall be considered unsafe if it has: (I) Any bump, bulge, or knot affecting the tire structure; (II) A break which exposes a tire body cord or is repaired with a boot or patch; (III) A tread depth of less than two thirty-seconds of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire, or, on those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two-tread grooves at three locations equally spaced around the circumference of the tire; except that this subparagraph (III) shall not apply to tires on a commercial vehicle as such term is defined in section 42-4-235 C.R.S.; or (IV) Such other conditions as may be reasonably demonstrated to render it unsafe. (6) No passenger car tire shall be used on any motor vehicle which is driven or moved on any highway if such tire was designed or manufac- tured for non-highway use. 35 (7) No person shall destroy, alter, or deface any marking on a new or usable tire which indicates whether the tire has been manufactured for highway or non-highway use. (8) No person shall sell any motor vehicle for highway use unless the vehicle is equipped with tires that are in compliance with subsections (5) and (6) of this section and any rules of safe operating condition promul- gated by the department of revenue. 229. Safety glazing material in motor vehicles. (1) No person shall sell any new motor vehicle, nor shall any new motor vehicle be regis- tered, unless such vehicle is equipped with safety glazing material of a type approved by the department of revenue for any required front windshield and wherever glazing material is used in doors and windows of said motor vehicle. This section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but, in respect to camper coaches and trucks, including truck tractors, the requirements as to safety glazing material shall apply only to all glazing material used in required front windshields and that used in doors and windows in the drivers’ compartments and such other compartments as are lawfully occupied by passengers in said vehicles. (2) The term “safety glazing materials” means such glazing materials as will reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. (3) The department of revenue shall compile and publish a list of types of glazing material by name approved by it as meeting the requirements of this section, and the department of revenue shall not, after January 1, 1958, register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and the department of revenue shall suspend the registration of any motor vehicle subject to this section which is found to be not so equipped until it is made to conform to the requirements of this section. (4) No person shall operate a motor vehicle on any highway within this state unless such vehicle is equipped with a front windshield of an approved type as provided in this section, except as provided in section 232 (1) and except for motor vehicles registered as “collectors” items under section 42-3-138, C.R.S. 230. Emergency lighting equipment - who must carry. (1) No motor vehicle carrying a truck license and weighing six thousand pounds 36 or more and no passenger bus shall be operated over the highways of this state at any time without carrying in an accessible place inside or on the outside of the vehicle three bidirectional emergency reflective triangles of a type approved by the department of revenue, but the use of such equipment is not required in local governments where there are street lights within not more than one hundred feet. (2) Whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the bidirectional emergency reflective triangles as directed in subsection (3) of this section. (3) Except as provided in subsection (2) of this section, whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within ten minutes, place the bidirectional emergency reflective triangles in the following manner: (a) One at the traffic side of the stopped vehicle, within ten feet of the front or rear of the vehicle; (b) One at a distance of approximately one hundred feet from the stopped vehicle in the center of the traffic lane or shoulder occupied by the vehicle and in the direction toward traffic approaching in that lane; and (c) One at a distance of approximately one hundred feet from the stopped vehicle in the opposite direction from those placed in accordance with paragraphs (a) and (b) of this subsection (3) in the center of the traffic lane or shoulder occupied by the vehicle; or (d) If the vehicle is stopped within five hundred feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the emergency equipment required by this subsection (3) in the direction of the obstruction to view at a distance of one hundred feet to five hundred feet from the stopped vehicle so as to afford ample warning to other users of the highway; or (e) If the vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the emergency equip- ment required by this subsection (3), one at a distance of two hundred feet and one at a distance of one hundred feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the vehicle, and one at the traffic side of the vehicle within ten feet of the rear of the vehicle. 37 (4) No motor vehicle operating as a wrecking car at the scene of an accident shall move or attempt to move any wrecked vehicle without first complying with those sections of the law concerning emergency lighting. 231. Parking lights. When lighted lamps are required by section 204, no vehicle shall be driven upon a highway with the parking lights lighted except when the lights are being used as signal lamps and except when the head lamps are lighted at the same time. Parking lights are those lights permitted by section 215 and any other lights mounted on the front of the vehicle, designed to be displayed primarily when the vehicle is parked. 232. Minimum safety standards for motorcycles and motor-driven cycles. (1) No person shall operate any motorcycle or motor-driven cycle on any public highway in this state unless such person and any passenger thereon is wearing goggles or eyeglasses with lenses made of safety glass or plastic. (2) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passengers. 233. Alteration of suspension system. (1) No person shall operate a motor vehicle of a type required to be registered under the laws of this state upon a public highway with either the rear or front suspension system altered or changed from the manufacturer’s original design except in accordance with specifications permitting such alteration established by the department of revenue. Nothing contained in this section shall prevent the installation of manufactured heavy duty equip- ment to include shock absorbers and overload springs, nor shall anything contained in this section prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear shall not affect the control of the vehicle. (2) This section shall not apply to motor vehicles designed or modified primarily for off-highway racing purposes, and such motor vehicles may be lawfully towed on the highways of this state. 234. Slow-moving vehicles - display of emblem. (1) All machinery, equipment, and vehicles, except bicycles and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway shall display a triangular slow-moving vehicle emblem on the rear. Bicycles and other human- powered vehicles and neighborhood electric vehicles shall be permitted 38 but not required to display the emblem specified in this subsection (1). (2) The executive director of the department of revenue shall adopt standards and specifications for such emblem, position of the mounting thereof, and requirements for certification of conformance with the standards and specifications adopted by the American society of agricul- tural engineers concerning such emblems. The requirements of such emblem shall be in addition to any lighting device required by law. (3) The use of the emblem required under this section shall be re- stricted to the use specified in subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be prohibited. Source: MTC 2003 (1) amended. 235. Minimum standards for commercial vehicles - spot inspec- tions. (1) A police officer or sheriff’s officer may, at any time, require the driver of any commercial vehicle, as defined in section 42-4-235, C.R.S., to stop so that the officer or deputy may inspect the vehicle and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 “Minimum Standards for the Operation of Commercial Vehicles.” (2) A police officer or sheriff’s officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 “Minimum Standards for the Operation of Commercial Vehicles.” (3) Any person, as defined in section 42-1-102 (69), C.R.S., who violates subsection (2) of this section commits a traffic offense. Source:MTC 2003 section repealed and reenacted. 236. Child restraint systems required - definitions - exemptions. (1) As used in this section, unless the context otherwise requires: (a) “Child care center” means a facility required to be licensed under the “Child Care Licensing Act”, article 6 of title 26, C.R.S. (a.3) “Child booster seat” means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system. (a.5) “Child restraint system” means a specially designed seating 39 system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 C.F.R. 571.213, as amended. (a.7) “Child safety belt-positioning device” means a device that posi- tions a safety belt around a child in a manner that safely restrains such child in a seating position that conforms to all applicable federal motor vehicle safety standards. (b) “Safety belt” means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. “Safety belt” includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. (c) “Seating position” means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2)(a) Unless exempted pursuant to subsection (3) of this section, every child, who is under four years of age and weighs under forty pounds, being transported in this state in a privately owned noncommercial passenger vehicle or in a vehicle operated by a child care center, shall be provided with one of the following child restraint systems suitable for the child’s size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer’s instructions. (I) If the child is less than one-year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system. (II) If the child is one-year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a forward-facing child restraint system. (b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least four years of age but less than sixteen years of age and weighs forty pounds or more, being transported in this state in a privately owned non-commercial vehicle or in a vehicle operated by a child care center, shall be properly secured by one of the following safety devices approved for a child of such age or weight by the United States department of transportation, or in a safety belt, whichever is 40 appropriate for the child: (I) If the child is a least four years of age but less than six years of age and is less than fifty-five inches tall, the child shall be properly re- strained in a child booster seat or with a child safety belt-positioning device. (II) If the child is six years of age or older but less than sixteen years of age and is fifty-five inches tall or more, the child shall be properly restrained with the motor vehicle’s safety belt properly adjusted and fastened around the child’s body (c) It is the responsibility of the driver transporting children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5, C.R.S., the requirement of subsection (2) of this section shall not apply to a child who: (a) Repealed. House Bill 99-1366 (b) Is being transported in a motor vehicle as a result of a medical emergency; (c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4)(a), C.R.S., that is operated by a child care center; or (d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 237. (4) No person shall use a safety belt or child restraint system, which- ever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all appli- cable federal motor vehicle safety standards. (5) The fine may be waived if the driver presents the court with satisfactory evidence of the acquisition, purchase, or rental of an ap- proved child restraint system by the time of the court appearance. (6) No driver in a motor vehicle shall be cited for a violation of sub- paragraph (I) of paragraph (b) of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of this Code or other than a violation of this section or section 237. Source: MTC 2003 (1)(a.3),(a.5)and (a.7), (6) added, (2),(3),(4),(5) amended,(3)(a) repealed. 237. Safety belt systems - mandatory use - exemptions - penalty. (1) As used in this section: (a) “Motor vehicle” means a self-propelled vehicle intended primarily 41 for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, motorscooters, motorbicycles, motorized bicycles, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) “Safety belt system” means a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards. (2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state. (3) Except an provided in section 42-2-105.5, C.R.S., the requirement of subsection (2) of this section shall not apply to: (a) A child required by section 236 to be restrained by a child restraint system; (b) A member of an ambulance team, other than the driver, while involved in patient care; (c) A peace officer, level I, as defined in section 18-1-901 (3) (l)(I), C.R.S., while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection (2) of this section and which only provide exceptions necessary to protect the officer; (d) A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate; (e) A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system; (f) A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and (g) A person operating a motor vehicle which does not meet the definition of “commercial vehicle” as that term is defined in section 42- 4-235 C.R.S., for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day. 42 (4) Any person who operates a motor vehicle while such person or any passenger is in violation of the requirement of subsection (2) of this section commits a traffic offense. (5) No driver in a motor vehicle shall be cited for a violation of subsec- tion (2) of this section unless such driver was stopped by a law enforce- ment officer for an alleged violation of this Code or state law other than a violation of this section. (6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section may include: (a) Testimony by a law enforcement officer that the officer observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection (2) of this section; or (b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which the safety belts had been removed. Source: MTC 2003 IP(3) and (4) amended. PART 3 EMISSIONS INSPECTION (omitted) PART 4 DIESEL EMISSIONS PROGRAM (omitted) 43 PART 5 SIZE - WEIGHT - LOAD 501. Size and weight violations - penalty. Except as provided in section 509, it is a traffic offense for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in sections 502 to 512 or otherwise in violation of said sections or section 1407, except as permitted in section 510. The maxi- mum size and weight of vehicles specified in said sections shall be lawful throughout this state, and local authorities shall have no power or authority to alter said limitations, except as express authority may be granted in section 42-4-106, C.R.S. 502. Width of vehicles. (1) The total outside width of any vehicle or the load thereon shall not exceed eight feet six inches, except as other- wise provided in this section. (2)(a) A load of loose hay, including loosely bound, round bales, whether horse drawn or by motor, shall not exceed twelve feet in width. (b) A vehicle and trailer may transport a load of rectangular hay bales if such vehicle and load do not exceed ten feet six inches in width. (3) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached thereto in any manner any chain, rope, wire, or other equipment which drags, swings, or projects in any manner so as to endanger the person or property of another. (4) The total outside width of buses and coaches used for the transpor- tation of passengers shall not exceed eight feet six inches. (5)(a) The total outside width of vehicles as included in this section shall not be construed so as to prohibit the projection beyond such width of clearance lights, rearview mirrors, or other accessories required by federal, state, or city laws or regulations. (b) The width requirements imposed by subsection (1) of this section shall not include appurtenances on recreational vehicles, including but not limited to motor homes, travel trailers, and truck campers, all as defined in section 24-32-902, C.R.S., so long as such recreational vehicle, including such appurtenances, does not exceed a total outside width of nine feet six inches. Source: MTC 2003 (2)(b) amended; (5)(b) added. 503. Projecting loads on passenger vehicles. No passenger-type vehicle, except a motorcycle or a bicycle, shall be operated on any 44 highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. 504. Height and length of vehicles. (1) No vehicle unladen or with load shall exceed a height of thirteen feet; except that vehicles with a height of fourteen feet six inches shall be operated only on highways designated by the department of transportation. (2) No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension, inclusive of front and rear bumpers. The length of vehicles used for the mass transportation of passengers wholly within the limits of a town, city, or municipality or within a radius of fifteen miles thereof may extend to sixty feet. The length of school buses may extend to forty feet. (3) Buses used for the transportation of passengers between towns, cities, and municipalities in the state of Colorado may be sixty feet extreme overall length, inclusive of front and rear bumpers but shall not exceed a height of thirteen feet six inches, if such buses are equipped to conform with the load and weight limitations set forth in section 508; except that buses with a height of fourteen feet six inches which other- wise conform to the requirements of this subsection (3) shall be operated only on highways designated by the department of transportation. (4) No combination of vehicles coupled together shall consist of more than four units, and no such combination of vehicles shall exceed a total overall length of seventy feet. Said length limitation shall not apply to unladen truck tractor-semitrailer combinations when the semitrailer is fifty-seven feet four inches or less in length or to unladen truck tractor- semitrailer-trailer combinations when both the semitrailer and the trailer are twenty-eight feet six inches or less in length. Said length limitations shall also not apply to vehicles operated by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in section 510, but, in respect to night transportation, every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load. (4.5) Notwithstanding the provisions of subsection (4) of this section, the following combinations of vehicles shall not exceed seventy-five feet in total overall length: (a) Saddlemount combinations consisting of no more than four units; (b) Laden truck tractor-semitrailer combinations; and 45 (c) Specialized equipment used in combination for transporting automo- biles or boats. The overall length of such combinations shall be exclu- sive of: (I) Safety devices; however, such safety devices shall not be designed or used of carrying cargo; (II) Automobiles or boats being transported; (III) Any extension device that may be used of loading beyond the extreme front or rear ends of a vehicle or combination of vehicles; except that the projection of a load, including any extension devices loaded to the front of the vehicle, shall not extend more than four feet beyond the extreme front to the grill of such vehicle and no load or extension deice may extend more than six feet to the extreme rear of the vehicle. (5) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most point of the grill of such vehicle; but a load may project not more than four feet beyond the front most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver’s compartment so long as that part of any load projecting ahead of the rear of the cab or driver’s compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side. (6) The length limitations of vehicles and combinations of vehicles provided for in this section as they apply to vehicles being operated and utilized for the transportation of steel, fabricated beams, trusses, utility poles, and pipes, shall be determined without regard to the projection of said commodities beyond the extreme front or rear of the vehicle or combination of vehicles; except that the projection of a load to the front shall be governed by the provisions of subsection (5) of this section, and no load shall project to the rear more than ten feet. 505. Longer vehicle combinations. (1) Notwithstanding any other provision of this Code to the contrary, the department of transportation, in the exercise of its discretion, may issue permits for the use of longer vehicle combinations. An annual permit for such use may be issued to each qualified carrier company. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination. (2) The permits shall allow operation, over designated highways, of the following vehicle combinations of not more than three cargo units and neither fewer than six axles nor more than nine axles: 46 (a) An unladen truck tractor, a semitrailer, and two trailers. A semi- trailer used with a converter dolly shall be considered a trailer. Semi- trailers and trailers shall be of approximately equal lengths not to exceed twenty-eight feet six inches in length. (b) An laden truck tractor, semitrailer, and single trailer. A semitrailer used with a converter dolly shall be considered a trailer. Semi-trailers and trailers shall be of approximately equal lengths not to exceed forty- eight feet in length. Notwithstanding any other restriction set forth in this section, such combination may have up to eleven axles when used to transport empty trailers. (c) An unladen truck tractor, semitrailer, and single trailer, one trailer of which is not more than forty-eight feet long, the other trailer of which is not more than twenty-eight feet six inches long. A semitrailer used with a converter dolly shall be considered a trailer. The shorter trailer shall be operated as the rear trailer. (d) A truck and single trailer, having an overall length of not more than eighty-five feet, the truck of which is not more than thirty-five feet long and the trailer of which is not more than forty feet long. For the pur- poses of this paragraph (d), a semitrailer used with a converter dolly shall be considered a trailer. (3) The long combinations shall be limited to interstate highway 25, interstate highway 76, interstate highway 70 west of its intersection with state highway 13 in Garfield county, interstate highway 70 east of its intersection with U.S. 40 and state highway 26, the circumferential highways designated I-225 and I-270, and state highway 133 in Delta county from mile marker 8.9 to mile marker 9.7. The department of transportation shall promulgate rules and regulations to provide carriers with reasonable ingress to and egress from such designated highway segments. Source: MTC 2003 (2)(b) amended. 506. Trailers and towed vehicles. (1) When one vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connec- tion between any two vehicles transporting poles, pipe, machinery, or other objects of a structural nature which cannot readily be dismembered and except connections between vehicles in which the combined lengths of the vehicles and the connection does not exceed an overall length of fifty-five feet and the connection is of rigid construction included as part of the structural design of the towed vehicle. 47 (2) When one vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. (3) Whenever one vehicle is towing another, in addition to the drawbar or other connection, except a fifth wheel connection meeting the require- ments of the department of transportation, safety chains or cables ar- ranged in such a way that it will be impossible for the vehicle being towed to break loose from the vehicle towing in the event the drawbar or other connection were to be broken, loosened, or otherwise damaged shall be used. This subsection (3) shall apply to all motor vehicles, to all trailers, except semi-trailers connected by a proper fifth wheel, and to any dolly used to convert a semitrailer to a full trailer. 507. Wheel and axle loads. (1) The gross weight upon any wheel of a vehicle shall not exceed the following: (a) When the wheel is equipped with a solid rubber or cushion tire, eight thousand pounds; (b) When the wheel is equipped with a pneumatic tire, nine thousand pounds. (2) The gross weight upon any single axle or tandem axle of a vehicle shall not exceed the following: (a) When the wheels attached to said axle are equipped with solid rubber or cushion tires, sixteen thousand pounds; (b) Except as provided in paragraph (b.5) of this subsection (2), when the wheels attached to a single axle are equipped with pneumatic tires, twenty thousand pounds. (b.5) When the wheels attached to a single axle are equipped with pneumatic tires and the vehicle is a digger derrick or bucket boom truck operated by an electric utility on a highway that is not on the interstate system as defined in section 43-2-101, C.R.S., twenty-one thousand pounds; (c) When the wheels attached to a tandem axle are equipped with pneumatic tires, thirty-six thousand pounds for highways on the inter- state system and forty thousand pounds for highways not on the interstate system. (3) Vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of paragraph (b) of subsection (2) of this section. (4) For the purposes of this section: (a) A single axle is defined as all wheels, whose centers may be included within two parallel transverse vertical planes not more than 48 forty inches apart, extending across the full width of the vehicle. (b) A tandem axle is defined as two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart, extend- ing across the full width of the vehicle. (5) The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five hundred pounds per inch of cross-sectional width of tire. Source: MTC 2003 (2)(b) amended and (2)(b.5) added. 508. Gross weight of vehicles and loads. (1) Except as provided in subsection (1.5) of this section, no vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof exceeds the limits specified below: (a)(I) The gross weight upon any one axle of a vehicle shall not exceed the limits prescribed in section 507. (II) Subject to the limitations prescribed in section 507, the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds. (III) Subject to the limitations prescribed in section 507, the gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds. (b) Subject to the limitations prescribed in section 507, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W equals 1,000 (L plus 40), W = the gross weight in pounds, L = the length in feet between the centers of the first and last axles of such vehicle or combination of vehicles, but in computation of this formula no gross vehicle weight shall exceed eighty- five thousand pounds. For the purposes of this section, where a combi- nation of vehicles is used, no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that these limitations shall not apply to specialized trailers of fixed public utilities whose axles may carry less than ten percent of the weight of the combination. The limitations provided in this section shall be strictly construed and enforced. (c) Notwithstanding any other provisions of this section, except as may be authorized under section 510, no vehicle or combination of vehicles shall be moved or operated on any highway or bridge which is part of the national system of interstate and defense highways, also known as the interstate system, when the gross weight of such vehicle or combination of vehicles exceeds the following specified limits: 49 (I) Subject to the limitations prescribed in section 507, the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds. (II) Subject to the limitations prescribed in section 507, the gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds. (III)(A) Subject to the limitations prescribed in section 507, the maxi- mum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W = 500 [(LN/N-1) + 12N + 36]. (B) In using the formula in sub-subparagraph (A) of this subparagraph (III), W equals overall gross weight on any group of two or more con- secutive axles to the nearest 500 pounds, L equals distance in feet between first and last axles of such vehicle or combination of vehicles, and N equals number of axles; but in computations of this formula no gross vehicle weight shall exceed eighty thousand pounds, except as may be authorized under section 510 or state law. (IV) For the purposes of this subsection (1), where a combination of vehicles is used, no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that this limitation shall not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten percent of the weight of the combination. (1.5) The gross weight limit provided subsection (1) of this section are increased by one thousand pounds for any vehicle or combination of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. The provisions of this subsection (1.5) apply only when the vehicle or combination of vehicles is operated on a highway that is not on the interstate system and defined in section 43-2-101, C.R.S. For the purposes of this subsection (1.5), “alternative fuel” has the same meaning provided in section 25-7-106.8 (1)(a), C.R.S. Source: MTC 2003 (1) amended and (1.5) added. 509. Vehicles weighed - excess removed. (1) Any police or peace officer, as defined in section 18-1-901 (3)(l)(IV), C.R.S., having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales or shall require that such vehicle be driven to the nearest public scales in the event such scales are within five miles. 50 (2)(a) Except as provided in paragraph (b) of this subsection (2), whenever an officer upon weighing a vehicle and load as provided in subsection (1) of this section determines that the weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under sections 501 to 512 and 1407. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. (b) Whenever an officer upon weighing a vehicle and load as provided in subsection (1) of this section determines that the weight is unlawful and the load consists solely of either explosives or hazardous materials as defined in section 42-1-102 (32), C.R.S., such officer shall permit the driver of such vehicle to proceed to the driver’s destination without requiring such person to unload the excess portion of such load. (3) Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and other- wise comply with the provisions of this section commits a traffic offense. 510. Permits for excess size and weight and for manufactured homes. (1)(a) Local government authorities with respect to highways under their jurisdiction may, upon application in writing and good cause being shown therefor, issue a single trip, a special, or an annual permit in writing authorizing the applicant to operate or move a vehicle or combi- nation of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this Code or state law or otherwise not in confor- mity with the provisions of this Code upon any highway under its jurisdiction; except that permits for the movement of any manufactured home shall be issued as provided in section 42-4-510 (2), C.R.S. (b) The application for any permit shall specifically describe the vehicle and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether such permit is for a single trip, a special, or an annual operation, and the time of such move- ment. All local permits shall be issued in the discretion of the local authority pursuant to ordinances or resolutions adopted in accordance with section 511. Any ordinances or resolutions of this local government shall not conflict with section 42-4-510, C.R.S. (2) In the event of an imminent natural or man-made disaster or emergency, including, but not limited to, rising waters, flood, or fire, the owner, owner’s representative or agent, occupant, or tenant of a manu- 51 factured home or the mobile home park owner or manager, lienholder, or manufactured home dealer is specifically exempted from the need to obtain a permit pursuant to this section and may move the endangered manufactured home out of the danger area to a temporary or new perma- nent location and may move such manufactured home back to its original location without a permit or penalty or fee requirement. Upon any such move to a temporary location as a result of a disaster or emergency, the person making the move or his agent or representative shall notify the county assessor in the county to which the manufactured home has been moved, within twenty days after such move, of the date and circum- stances pertaining to the move and the temporary or permanent new location of the manufactured home. If the manufactured home is moved to a new permanent location from a temporary location as a result of a disaster or emergency, a permit for such move shall be issued but no fee shall be assessed. (3) The department of transportation or the Colorado state patrol and this local government is authorized to issue or withhold a permit, as provided in this section, and, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations, surfaces, or structures and may require such undertaking or other secu- rity as may be deemed necessary to compensate for any injury to any highway or highway structure. (4) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of such special permit. (5) No vehicle having a permit under this section shall be remodeled, rebuilt, altered, or changed except in such a way as to conform to those specifications and limitations established in sections 501 to 507 and 1407 or state law. (6) Any person who has obtained a valid permit for the movement of any oversize vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same not more than three illuminated flashing yellow signals as warning devices. (7) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by munici- 52 palities or other political subdivisions of the state, county road mainte- nance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to his place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5. (8) This local government may impose a fee, in addition to but not to exceed the amounts required in section 42-4-510 (11), C.R.S., as pro- vided by ordinance or resolution; and, in the case of a permit under section 42-4-510 (11)(a)(IV), C.R.S., the amount of the fee shall not exceed the actual cost of the extraordinary action. (9)(a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section, any ordinance or resolution of this local gov- ernment, or any standards or rules or regulations promulgated pursuant to section 42-4-510, C.R.S., by the Colorado department of transportation except the provisions of section 42-4-510(2)(b)(IV), C.R.S., commits a traffic offense. (b) This local government with regard to a local permit may, after a hearing under section 24-4-105, C.R.S., revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of this local government, or any standards or rules or regulations promulgated pursuant to this section. 511. Permit standards - local. (1)(a) Any permits which may be required by this local government shall be issued in accordance with ordinances and resolutions adopted by the elected governing body after a public hearing at which testimony is received from affected motor vehicle owners and operators. Notice of such public hearing shall be published in a newspaper having general circulation within the local authority’s jurisdiction. Such notice shall not be less than eight days prior to the date of hearing. The publication shall not be placed in that portion of the newspaper in which legal notices or classified advertise- ments appear. Such notice shall state the purpose of the hearing, the time and place of the hearing, and that the general public, including motor vehicle owners and operators to be affected, may attend and make oral or written comments regarding the proposed ordinance or resolution. Notice of any subsequent hearing shall be published in the same manner as for 53 the original hearing. (b) At least thirty days prior to such public hearing, the local authority shall transmit a copy of the proposed ordinance or resolution to the department of transportation for its comments, and said department shall make such comments in writing to the local authority prior to such public hearing. (c) Any local authority that adopts or has adopted an ordinance or resolution governing permits for the movement of oversize or overweight vehicles or loads shall file a copy of such resolution with the department of transportation and the motor carrier services division of the depart- ment of revenue. Source: MTC 2003 (1)(c) added. 512. Liability for damage to highway. (1) No person shall drive, operate, or move upon or over any highway or highway structure any vehicle, object, or contrivance in such a manner so as to cause damage to said highway or highway structure. When the damage sustained to said highway or highway structure is the result of the operating, driving, or moving of such vehicle, object, or contrivance weighing in excess of the maximum weight authorized by sections 501 to 512 and 1407, it shall be no defense to any action, either civil or criminal, brought against such person that the weight of the vehicle was authorized by special permit issued in accordance with sections 501 to 512 and 1407. (2) Every person violating the provisions of subsection (1) of this section shall be liable for all damage which said highway or highway structure may sustain as a result thereof. Whenever the driver of such vehicle, object, or contrivance is not the owner thereof but is operating, driving, or moving such vehicle, object, or contrivance with the express or implied consent of the owner thereof, then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such highway or highway structure may be enforced by a civil action by the authorities in control of such highway or highway structure. No satisfaction of such civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of subsection (1) of this section. 54 PART 6 SIGNALS - SIGNS - MARKINGS 601. Local governments to sign highways, where. This local govern- ment shall place and maintain such traffic control devices, conforming to the “Manual of Uniform Traffic Control Devices” and specifications, upon streets and highways as it deems necessary to indicate and to carry out the provisions of this Code or to regulate, warn, or guide traffic. 602. Local traffic control devices. (1) No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or cross- ing any intersecting highway unless approval in writing has first been obtained from the department of transportation. (2) Where practical no local authority shall maintain three traffic control signals located on a roadway so as to be within one minute’s driving time (to be determined by the speed limit) from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution. 603. Obedience to official traffic control devices. (1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accor- dance with the provisions of this Code unless otherwise directed by a police officer subject to the exceptions in this Code granted the driver of an authorized emergency vehicle. (2) No provision of this Code for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. (3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Code, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence. (4) Any official traffic control device placed pursuant to the provisions of this Code and purporting to conform to the lawful requirements 55 pertaining to such devices shall be presumed to comply with the require- ments of this Code unless the contrary is established by competent evidence. 604. Traffic control signal legend. (1) If traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the traffic control manual adopted by the department of transportation, only the colors green, yellow, and red shall be used, except for special pedes- trian-control signals carrying a word or symbol legend as provided in section 802, and said lights, arrows, and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green indication: (I) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection and to pedestrians within an adjacent crosswalk at the time such signal is exhibited. (II) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersec- tion only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (III) Unless otherwise directed by a pedestrian-control signal as provided in section 802, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indication: (I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereaf- ter. (II) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in section 802, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway. 56 (c) Steady red indication: (I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown; except that: (A) Such vehicular traffic, after coming to a stop and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, may make a right turn, unless state or local road authorities within their respective jurisdictions have by ordinance or resolution prohibited any such right turn and have erected an official sign at each intersection where such right turn is prohibited; (B) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this sub- subparagraph (B) if local authorities have by ordinance prohibited any such left turn and erected a sign giving notice of any such prohibition at each intersection where such left turn is prohibited. (C) To promote uniformity in traffic regulation throughout the state and to protect the public peace, health, and safety, the general assembly declares that no local authority shall have any discretion other than is expressly provided in this subparagraph (I). (II) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 802. (III) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown. (IV) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 802. (d) Non-intersection signal: In the event an official traffic control signal is erected and maintained at a place other than an intersection, the 57 provisions of this section shall be applicable except as to those provi- sions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (e) Lane-use-control signals: Whenever lane-use-control signals are placed over the individual lanes of a street or highway, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and apply to drivers of vehicles as follows: (I) Downward-pointing green arrow (steady): A driver facing such signal may drive in any lane over which said green arrow signal is located. (II) Yellow “X” (steady): A driver facing such signal is warned that the related green arrow movement is being terminated and shall vacate in a safe manner the lane over which said steady yellow signal is located to avoid if possible occupying that lane when the steady red “X” signal is exhibited. (III) Yellow “X” (flashing): A driver facing such signal may use the lane over which said flashing yellow signal is located for the purpose of making a left turn or a passing maneuver, using proper caution, but for no other purpose. (IV) Red “X” (steady): A driver facing such signal shall not drive in any lane over which said red signal is exhibited. 605. Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic sign or a traffic signal or as a traffic beacon, it shall require obedience by vehicular traffic as follows: (a) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the inter- section or other hazardous location only with caution. (2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad crossings shall be governed by the provisions of sections 706 to 708. 58 606. Display of unauthorized signs or devices. (1) No person shall place, maintain, or display upon or in view of any highway any unautho- rized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (2) Every such prohibited sign, signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice. 607. Interference with official devices. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, remove, or interfere with the effective operation of any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof. 608. Signals by hand or signal device. (1) Any stop or turn signal when required as provided by section 903 shall be given either by means of the hand and arm as provided by section 608 or by signal lamps or signal device of the type approved by the department of revenue, except as otherwise provided in subsection (2) of this section. (2) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. 609. Method of giving hand and arm signals. (1) All signals re- quired to be given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows: (a) Left-turn, hand and arm extended horizontally; (b) Right-turn, hand and arm extended upward; (c) Stop or decrease speed, hand and arm extended downward. 59 610. Unauthorized insignia. No owner shall display upon any part of the owner’s vehicle any official designation, sign, or insignia of any public or quasi-public corporation or local government, state, or national department or governmental subdivision without authority of such agency or any insignia, badge, sign, emblem, or distinctive mark of any organization or society of which he is not a bona fide member or other- wise authorized to display such sign or insignia. 611. Paraplegic persons or persons with disabilities - distress flag. (1) Any paraplegic person or person with a disability when in motor vehicle distress is authorized to display by the side of such person’s disabled vehicle a white flag of approximately seven and one-half inches in width and thirteen inches in length, with the letter “D” thereon in red color with an irregular one-half inch red border. Said flag shall be of reflective material so as to be readily discernible under darkened condi- tions, and said reflective material must be submitted to and approved by the department of transportation before the same is used. (2) Any person who is not a paraplegic person or a person with a disability who uses such flag as a signal or for any other purpose is guilty of a traffic offense. 612. When signals are inoperative or malfunctioning. (1) When- ever a driver approaches an intersection and faces a traffic control signal which is inoperative or which remains on steady red or steady yellow during several time cycles, the rules controlling entrance to a through street or highway from a stop street or highway, as provided under section 703, shall apply until a police officer assumes control of traffic or until normal operation is resumed. In the event that any traffic control signal at a place other than an intersection should cease to operate or should malfunction as set forth in this section, drivers may proceed through the inoperative or malfunctioning signal only with caution, as if the signal were one of flashing yellow. (2) Whenever a pedestrian faces a pedestrian-control signal as provided in section 802 which is inoperative or which remains on “Don’t Walk” or “Wait” during several time cycles, such pedestrian shall not enter the roadway unless the pedestrian can do so safely and without interfering with any vehicular traffic. 613. Failure to pay toll established by rural transportation author- ity. Any person who fails to pay a required fee, rate, or charge estab- lished by a rural transportation authority created pursuant to part 6 of 60 article 4 of title 43, C.R.S., for the privilege of traveling on or using any property included in a rural transportation system pursuant to part 6 of article 4 of title 43, C.R.S., commits a traffic offence. Source: MTC 2003 section added. 614. Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations. (1) If maintenance, repair, or construction activities are occurring or will be occurring within four hours on a local street or state highway, local authorities within its jurisdiction, may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits a speeding violation in a maintenance, repair, or construction zone that is designated pursuant to the provisions of this section is subject to increased penalties and surcharges. (2) Local authorities, within their jurisdiction, shall designate by appropriate signs a maintenance, repair, or construction activity is taking place or will be taking place within four hours. Such sign shall notify the public that increased penalties for speeding violations are in effect in such zone. Such sign shall notify the public that increased penalties for speeding violations are in effect in such zone. Local authorities shall erect or place a second sing after such zone indicating that the increased penalties for speeding violations are no longer in effect. A maintenance, repair, or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect. (3) Signs used for designating the beginning and end of a maintenance, repair, or construction zone shall conform to the department of transpor- tation requirements. Local authorities may display such signs on any fixed, variable, or moveable stand. Local authorities may place such sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work. Source: MTC 2003 section renumbered. 615. School zones - increase in penalties for moving traffic viola- tions. (1) Any person who commits a moving traffic violation in a school zone is subject to the increased penalties and surcharges imposed by section 1701 of this Code. (2) For the purposes of this section, “school zone” means an area that is designated as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled. Local authorities, with streets under their jurisdiction, shall designate the placement of traffic 61 signs that designate the area that will be deemed to be a school zone for the purposes of this section. In making such designation, local govern- ment authorities shall consider when increased penalties are necessary to protect the safety of school children. (3) This section does not if the penalty and surcharge for a violation has been doubled pursuant to section 614 of this Code or section 42-4-614, C.R.S., because such violation also occurred within a highway mainte- nance, repair, or construction zone. Source: MTC 2003 section added. 62 PART 7 RIGHTS-OF-WAY 701. Vehicles approaching or entering intersection. (1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (2) The foregoing rule is modified at through highways and otherwise as stated in sections 702 to 704. 702. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 703. Entering through highway - stop or yield intersection. (1) Local authorities, may erect and maintain stop signs, yield signs, or other official traffic control devices to designate through highways or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways is directed to yield or to stop and yield before entering the intersection or junction. In the case of state highways, such regulations shall be subject to the provisions of section 43-2-135 (1)(g), C.R.S. (2) Every sign erected pursuant to subsection (1) of this section shall be a standard sign adopted by the department of transportation. (3) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the inter- section, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (4) The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the inter- section, or if none, then at the point nearest the intersecting roadway 63 where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; except that, if a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way. 704. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. 705. Operation on approach of emergency vehicles. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 213 or 222, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane law- fully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. 706. Obedience to railroad signal. (1) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed that is reasonable and safe for the existing conditions. If required to stop for a traffic control device, flagperson, or safety before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if any. If no such stop line exists, the driver shall: (a) Stop not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely; or (b) In the event the driver would not have a reasonable view of ap- proaching trains when stopped pursuant to paragraph (a) of this subsec- tion (1), stop before proceeding across the railroad grade crossing at the point nearest such crossing where the driver has a reasonable view of approaching trains and not proceed until the railroad grade can be crossed safely. 64 (2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. 707. Certain vehicles must stop at railroad grade crossings. (1) Except as otherwise provided in this section, the driver of any school bus, as defined in paragraph (b) of subsection (5) of this section, carry- ing any schoolchild, or of any vehicle carrying hazardous materials which is required to be placarded in accordance with regulations issued pursuant to section 42-20-108, C.R.S., before crossing at grade any tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until the driver can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not manually shift gears while crossing the tracks. (2) This section shall not apply at street railway grade crossings within a business or residence district. (3) When stopping as required at such railroad crossing, the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic. (4) Subsection (1) of this section shall not apply at: (a) Any railroad grade crossing protected by crossing gates or an alternately flashing light intended to give warning of the approach of a railroad train as provided in section 706; (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (c) Any railroad grade crossing at which traffic is controlled by a police officer or human flagperson; (d) Any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains are not operat- ing during certain periods or seasons of the year and have erected an official sign carrying the legend “exempt”, which shall give notice when 65 so posted that such crossing is exempt from the stopping requirement provided for in this section. (5) For the purposes of this section: (a) The definition of hazardous materials shall be the definition con- tained in the rules adopted by the chief of the Colorado state patrol pursuant to section 42-20-108, C.R.S. (b) “School bus” means only those school buses that are required to bear on the front and rear of such school bus the words “SCHOOL BUS” and display visual lights pursuant to section 1903(2)(a). Source:MTC 2003 (1) and (5) amended. 708. Moving heavy equipment at railroad grade crossing. (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or any equipment or structure having a normal operat- ing speed of ten or less miles per hour or a vertical body or load clear- ance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (2) Notice of any such intended crossing shall be given to a superinten- dent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. (3) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (4) No such crossing shall be made when warning is given by auto- matic signal or crossing gates or a flagperson or otherwise of the imme- diate approach of a railroad train or car. (5) Subsection (3) of this section shall not apply at any railroad cross- ing where state or local road authorities within their respective jurisdic- tions have determined that trains are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend “exempt”, which shall give notice when so posted that such crossing is exempt from the stopping requirement provided in this section. 709. Stop when traffic obstructed. No driver shall enter an intersec- tion or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, 66 crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed. 710. Emerging from or entering alley, driveway, or building. (1) The driver of a vehicle emerging from an alley, driveway, building, parking lot, or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, driveway, or entranceway, shall yield the right-of-way to any pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply with the provi- sions of section 704. (2) The driver of a vehicle entering an alley, driveway, or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway. (3) No person shall drive any vehicle other than a bicycle or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway. 711. Driving on mountain highways. (1) The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway. (2) On narrow mountain highways with turnouts having a grade of six percent or more, ascending vehicles shall have the right-of-way over descending vehicles, except where it is more practicable for the ascend- ing vehicle to return to a turnout. 712. Driving in highway work area. (1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian engaged in work upon a highway within any highway construction or maintenance work area indicated by official traffic control devices. (2) The driver of a vehicle shall yield the right-of-way to any autho- rized service vehicle engaged in work upon a highway whenever such 67 vehicle displays flashing lights meeting the requirements of section 214. (3) Local road authorities in cooperation with law enforcement agen- cies, may train and appoint adult civilian personnel for special traffic duty as highway flagpersons within any highway maintenance or con- struction work area. Whenever such duly authorized flagpersons are wearing the badge, insignia, or uniform of their office, are engaged in the performance of their respective duties, and are displaying any official hand signal device of a type and in the manner prescribed in the adopted state traffic control manual or supplement thereto for signaling traffic in such areas to stop or to proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flagpersons. Any alleged willful failure or refusal of a driver to comply with such instructions or signals, including information as to the identity of the driver and the license plate number of the vehicle alleged to have been so driven in violation, shall be reported by the work area supervisor in charge at the location to the municipal or district attorney for appropriate penalizing action in a court of competent jurisdiction. 68 PART 8 PEDESTRIANS 801. Pedestrian obedience to traffic control devices and traffic regulations. (1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer. (2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 604 and 802(5). (3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Code. 802. Pedestrians’ right-of-way in crosswalks. (1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (2) Subsection (1) of this section shall not apply under the conditions stated in section 803. (3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard. (4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (5) Whenever special pedestrian-control signals exhibiting “Walk” or “Don’t Walk” word or symbol indications are in place, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and require as follows: (a) “Walk” (steady): While the “Walk” indication is steadily illumi- nated, pedestrians facing such signal may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles. (b) “Don’t Walk” (steady): While the “Don’t Walk” indication is steadily illuminated, no pedestrian shall enter the roadway in the direc- tion of the signal indication. (c) “Don’t Walk” (flashing): Whenever the “Don’t Walk” indication is flashing, no pedestrian shall start to cross the roadway in the direction of 69 such signal indication, but any pedestrian who has partly completed his crossing during the “Walk” indication shall proceed to a sidewalk or to a safety island, and all drivers of vehicles shall yield to any such pedestrian. (d) Whenever a signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians and “Walk” and “Don’t Walk” signal indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersec- tion offering the shortest route within the boundaries of the intersection while the “Walk” indication is exhibited, if signals and other official devices direct pedestrian movement in such manner consistent with section 803 (4). 803. Crossing at other than crosswalks. (1) Every pedestrian cross- ing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of- way to all vehicles upon the roadway. (2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (3) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (4) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. 804. Pedestrian to use right half of crosswalk. Source: MTC 2003 repealed. 805. Pedestrians walking or traveling in a wheelchair on highways. (1) Pedestrians walking or traveling in a wheelchair along and upon highways where sidewalks are not provided shall walk or travel only on a road shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor road shoulder is available, any pedestrian walking or traveling in a wheelchair along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, in the case of a two-way roadway, shall walk or travel only on the left side of the road- way facing traffic that may approach from the opposite direction; except that any person lawfully soliciting a ride may stand on either side of such two-way roadway where there is a view of traffic approaching from both 70 directions. (2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. For the purposes of this subsection (2), “roadway” means that portion of the road normally used by moving motor vehicle traffic. (3) It is unlawful for any person who is under the influence of alcohol or of any controlled substance, as defined in section 12-22-303 (7), C.R.S., or of any stupefying drug to walk or be upon that portion of any highway normally used by moving motor vehicle traffic. (4) This section applying to pedestrians shall also be applicable to riders of animals. (5) This local government may, by ordinance, regulate the use by pedestrians of streets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 42-4-110 and 42-4-111, C.R.S., but no ordinance regulating such use of streets and highways in a manner differing from this section shall be effective until official signs or devices giving notice thereof have been placed as required by section 42-4-111 (2), C.R.S. (6) No person shall solicit a ride on any highway included in the interstate system, as defined in section 43-2-101 (2), C.R.S., except at an entrance to or exit from such highway or at places specifically desig- nated by the department of transportation; or, in an emergency affecting a vehicle or its operation, a driver or passenger of a disabled vehicle may solicit a ride on any highway. (7) Pedestrians shall only be picked up where there is adequate road space for vehicles to pull off and not endanger and impede the flow of traffic. (8) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of section 213 or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle and shall leave the roadway and remain off the same until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. This subsection (8) shall not relieve the driver of an authorized emergency vehicle from the duty to use due care as provided in sections 108(4) and 807. 806. Driving through safety zone prohibited. No vehicle at any time shall be driven through or within a safety zone, as defined in section 42- 1-102 (87), C.R.S. 71 807. Drivers to exercise due care. Notwithstanding any of the provisions of this Code, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. 808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities. Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle who approaches a person who has an obviously apparent disability of blindness, deafness, or mobility impairment shall immediately come to a full stop and take such precau- tions before proceeding as are necessary to avoid an accident or injury to said person. A disability shall be deemed to be obviously apparent if, by way of example and without limitation, the person is using a cane or crutches, is assisted by an assistance dog, as defined in section 24-34- 803 (7), C.R.S., is being assisted by another person, is in a wheelchair, or is walking with an obvious physical impairment. Source: MTC 2003 amended. 72 PART 9 TURNING - STOPPING 901. Required position and method of turning. (1) The driver of a motor vehicle intending to turn shall do so as follows: (a)Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the ex- treme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered. (c) Two-way left-turn lanes. Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices in the manner prescribed in the state traffic control manual, a left turn shall not be made from any other lane, and a vehicle shall not be driven in said special lane except when prepar- ing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law. (2) Local authorities may cause official traffic control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and, when such devices are so placed, no driver shall turn a vehicle other than as directed and required by such devices. In the case of streets which are a part of the state highway system, the local regulation shall be subject to the approval of the department of transportation as provided in section 43-2- 135 (1)(g), C.R.S. 902. Limitations on turning around. (1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endan- gering approaching traffic. (2) The driver of any vehicle shall not turn such vehicle at an intersec- tion or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic. 73 (3) Local authorities subject to the provisions of section 43-2-135 (1)(g), C.R.S., in the case of streets which are state highways, may erect “U-turn” prohibition or restriction signs at intersections or other loca- tions where such movements are deemed to be hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the instructions thereof. 903. Turning movements and required signals. (1) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 901, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appro- priate signal in the manner provided in sections 608 and 609. (2) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning in urban or metropolitan areas and shall be given continu- ously for at least two hundred feet on all four-lane highways and other highways where the prima facie or posted speed limit is more than forty miles per hour. Such signals shall be given regardless of existing weather conditions. (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in sections 608 and 609 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (4) The signals provided for in section 608(2) shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear. 74 PART 10 DRIVING - OVERTAKING - PASSING 1001. Drive on right side - exceptions. (1) Upon all roadways of suffi- cient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; but any person so doing shall yield the right-of- way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (c) Upon a roadway divided into three lanes for traffic under the rules applicable thereon; or (d) Upon a roadway restricted to one-way traffic as indicated by official traffic control devices. (2) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (3) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under subsection (1) (b) of this section. However, this subsection (3) does not prohibit the crossing of the center line in making a left turn into or from an alley, private road, or driveway when such move- ment can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. 1002. Passing oncoming vehicles. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. 75 1003. Overtaking a vehicle on the left. (1) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 1004 to 1008: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the over- taken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver’s vehicle until completely passed by the overtaking vehicle. 1004. When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or giving indication of making a left turn; (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or (c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles. (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. 1005. Limitations on overtaking on the left. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement in- volves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approach- ing vehicle. 76 (2) No vehicle shall be driven on the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. (3) Local authorities are authorized to determine those portions of any highway where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. Where such signs or markings are in place to define a no-passing zone and such signs or markings are clearly visible to an ordinarily observant person, no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no- passing zone throughout its length. (4) The provisions of this section shall not apply: (a) Upon a one-way roadway; (b) Under the conditions described in section 1001 (1)(b); or (c) To the driver of a vehicle turning left into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. 1006. One-way roadways and rotary traffic islands. (1) Upon a roadway restricted to one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (2) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (3) Local authorities with respect to highways under their jurisdiction may designate any roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. In the case of streets which are a part of the state highway system, the regulation shall be subject to the approval of the department of transportation pursuant to section 43-2-135 (1)(g), C.R.S. 77 1007. Driving on roadways laned for traffic. (1) Whenever any road- way has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply: (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane. (c) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device. (d) Official traffic control devices may be installed prohibiting the chang- ing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. 1008. Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle draw- ing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger; except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each 78 such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. 1009. Coasting prohibited. (1) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears or transmission of such vehicle in neutral. (2) The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch disengaged. 1010. Driving on divided or controlled-access highways. (1) Whenever any highway has been divided into separate roadways by leaving an inter- vening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed or permitted to use another roadway by official traffic control devices. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically prohibited by official signs and markings or by the provisions of section 902. However, this subsection (1) does not prohibit a left turn across a median island formed by standard pavement markings or other mountable or traversable devices as prescribed in the state traffic control manual when such move- ment can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. (2)(a) No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. (b) Wherever an acceleration lane has been provided in conjunction with a ramp entering a controlled-access highway and the ramp intersection is not designated or signed as a stop or yield intersection as provided in section 703 (1), drivers may use the acceleration lane to attain a safe speed for merging with through traffic when conditions permit such acceleration with safety; but traffic so merging shall be subject to the rule governing the changing of lanes as set forth in section 1007 (1)(a). (c) Wherever a deceleration lane has been provided in conjunction with a ramp leaving a controlled-access highway, drivers shall use such lane to slow to a safe speed for making an exit turn after leaving the mainstream of faster-moving traffic. (3) This local government may by ordinance consistent with the provi- sions of section 43-2-135 (1)(g), C.R.S., with respect to any controlled- 79 access highway under its jurisdiction, prohibit the use of any such highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. After adopting such prohibitory regulations, local authorities shall install official traffic control devices in conformity with the standards established by sections 105 and 601 at entrance points or along the highway on which such regulations are appli- cable. When such devices are so in place, giving notice thereof, no person shall disobey the restrictions made known by such devices. 1011. Use of runaway vehicle ramps. (1) No person shall use a runaway vehicle ramp unless such person is in an emergency situation requiring use of the ramp to stop his vehicle. (2) No person shall stop, stand, or park a vehicle on a runaway vehicle ramp or in the pathway of the ramp. 1012.High occupancy vehicle lanes. (1) The department of transporta- tion and local authorities, with respect to streets and highways under their jurisdictions, may designate exclusive or preferential lanes for vehicles that carry a specified number of persons. The occupancy level of vehicles and the time of day when lane usage is restricted to high occupancy vehicles, if applicable, shall be designated by official traffic control devices. (2) A motorcycle may be operated upon high occupancy vehicle lanes pursuant to section 102 title 23 United States Code, unless prohibited by official traffic control devices. (3) An inherently low-emission vehicle (ILEV) with a gross vehicle weight of twenty-six thousand pounds or less may be operated upon high occupancy vehicle lanes without regard to the number of persons in the vehicle and without payment of a special toll or fee, to the extent provided in, and subject to the conditions of section 42-4-1012, C.R.S. (4) The department of transportation and local authorities, with respect to streets and highways under their jurisdictions, shall provide information via official traffic control devices to indicate that ILEVs may be operated upon high occupancy vehicle lanes pursuant to this section. Such information may, but need not, be added to existing printed signs, but as existing printed signs related to high occupancy vehicle lane use are replaced or new ones are erected, such information shall be added. In addition, whenever existing electronic signs are capable of being reprogrammed to carry such informa- tion, they shall so be reprogrammed. Source: MTC 2003 (3),(4), and (5) added. 80 PART 11 SPEED REGULATIONS 1101. Speed limits. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. (2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful: (a) Twenty miles per hour on narrow, winding mountain highways or on blind curves; (b) Twenty-five miles per hour in any business district, as defined in section 42-1-102 (11), C.R.S.; (c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80), C.R.S.; (d) Forty miles per hour on open mountain highways; (e) Forty-five miles per hour for all vehicles in the business of trans- porting trash, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 507 (3); (f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), C.R.S., and are not surfaced, four-lane freeways or expressways; (g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), C.R.S., or are freeways or expressways; (h) Any speed not in excess of a speed limit designated by an official traffic control device. (3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. (4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any speed in excess of the lawful speeds set forth in subsec- tion (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), “prima facie evidence” means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing. 81 (5) In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation. (6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident. (7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, this local government may by ordinance or resolution adopt absolute speed limits as the maximum lawful speed limits in its jurisdic- tion, and such speed limits shall not be subject to the provisions of subsection (4) of this section. (8)(a) Repealed. (b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway in excess of a maximum lawful speed limit of seventy-five miles per hour. (c) The speed limit set forth in paragraph (b) of this subsection (8) are maximum lawful speed limits and are not subject to the provisions of subsection (4) of this section. (d) This local government, within its jurisdiction, shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway. (e) The provisions of this subsection (8) are declared to be matters of both local and statewide concern requiring uniform compliance through- out the state. (f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour. (9) The conduct of a driver of a vehicle which would otherwise consti- tute a violation of this section is justifiable and not unlawful when: (a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or (b) With respect to authorized emergency vehicles, the applicable 82 conditions for exemption, as set forth in section 108, exist. (10) The minimum requirement for commission of a traffic offense under this section is the performance by a driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which said driver is physically capable of performing. (11) It shall not be a defense to prosecution for a violation of this section that: (a) The defendant’s conduct was not performed intentionally, know- ingly, recklessly, or with criminal negligence; or (b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle; or (c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit. Source: MTC 2003 (2)(f) and (g) amended; (8)(b),(c),(d),(f), amended. (8)(a) repealed. 1102. Altering of speed limits - when. (1) Whenever local authori- ties determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under sections 1101 to 1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersec- tion or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in section 1101 (1) or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour. (2) Local authorities shall determine upon the basis of a traffic investi- gation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 1101 (2)(b) or (2)(c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For 83 purposes of this subsection (2), an “arterial street” means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their jurisdiction as part of a major arterial system of streets or highways. (3) No alteration of speed limits on state highways within this local government jurisdiction shall be effective until such alteration has been approved in writing by the department of transportation. (4) Whenever local authorities, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, local authorities may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (2) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becom- ing effective. (5) In its discretion, this local government may by ordinance, may impose and enforce stop sign regulations and speed limits, not inconsis- tent with the provisions of sections 1101 to 1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such en- forcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs. 1103. Minimum speed regulation. (1) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law. (2) Whenever local authorities determine, on the basis of an engineer- ing and traffic investigation as described in the state traffic control 84 manual, that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, local authorities may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law. (3) Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, if any person drives a motor vehicle on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic following immediately behind, then such driver shall: (a) Where the width of the traveled way permits, drive in the right- hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of section 1001 (2) until such impeded traffic has passed by; or (b) Pull off the roadway at the first available place where such move- ment can safely and lawfully be made until such impeded traffic has passed by. (4) Wherever special uphill traffic lanes or roadside turnouts are provided and posted, drivers of all vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic flow. 1104. Speed limits on elevated structures. (1) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section. (2) The department of transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under sections 42- 4-1101 to 42-4-1104, C.R.S., said department shall determine and declare the maximum speed of vehicles which such structure can with- stand and shall cause or permit suitable standard signs stating such maximum speed to be erected and maintained before each end of such structure in conformity with the state traffic control manual. (3) Upon the trial of any person charged with a violation of this 85 section, proof of said determination of the maximum speed by said department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. 1105. Speed contests. (1) No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or accelera- tion on a highway, and no person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway. (2) No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place any barricade or obstruction or assist or participate in placing any such barricade or obstruction upon any highway. 86 PART 12 PARKING 1201. Starting parked vehicle. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. 1202. Parking or abandonment of vehicles. No person shall stop, park, or leave standing any vehicle, either attended or unattended, outside of a business or a residential district, upon the paved or improved and main-traveled part of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is disabled while on the paved or improved and main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to the emergency lighting requirements set forth in section 230. 1203. 1204. Stopping, standing, or parking prohibited in specified places. (1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (a) On a sidewalk; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 87 (h) On any railroad tracks; (i) On any controlled-access highway; (j) In the area between roadways of a divided highway, including crossovers; (k) At any other place where official signs prohibit stopping. (2) Except as otherwise provided in subsection (4) of this section, in addition to the restrictions specified in subsection (1) of this section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (a) Within five feet of a public or private driveway; (b) Within fifteen feet of a fire hydrant; (c) Within twenty feet of a crosswalk at an intersection; (d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (e) Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted; (f) At any other place where official signs prohibit standing. (3) In addition to the restrictions specified in subsections (1) and (2) of this section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places: (a) Within fifty feet of the nearest rail of a railroad crossing; (b) At any other place where official signs prohibit parking. (4) (a) Paragraph (a) of subsection (1) of this section shall not prohibit persons from parking bicycles on sidewalks in accordance with the provisions of section 1412 (11)(a) and (11)(b). (b) Paragraph (f) of subsection (1) of this section shall not prohibit persons from parking two or more bicycles abreast in accordance with the provisions of section 1412 (11)(d). (c) Paragraphs (a), (c), and (d) of subsection (2) of this section shall not apply to bicycles parked on sidewalks in accordance with section 1412 (11)(a) and (11)(b). (5) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlaw- ful. 88 1205. Parking at curb or edge of roadway. (1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (2) Except as otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right- hand shoulder or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (3) Local authorities may by ordinance permit angle parking on any roadway; except that angle parking shall not be permitted on any state highway unless the department of transportation has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 1206. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, and effectively setting the brake thereon, and, when standing upon any grade, said person shall turn the front wheels to the curb or side of the highway in such a manner as to prevent the vehicle from rolling onto the traveled way. 1207. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic; nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 1208. Parking privileges for persons with disabilities - applicabil- ity. (1) As used in this section: (a) “License plate or placard” means a license plate or placard issued pursuant to section 42-3-121 (2), C.R.S. (b) “Person with a disability” has the meaning provided for such term in section 42-3-121 (1), C.R.S. 89 (2) In a jurisdiction recognizing the privilege defined by this subsec- tion (2), a vehicle with a license plate or a placard obtained pursuant to section 42-3-121, C.R.S., or as otherwise authorized by subsection (4) of this section may be parked in public parking areas along public streets regardless of any time limitation imposed upon parking in such area; except that a jurisdiction shall not limit such privilege to park on any public street to less than four hours. Local authorities shall clearly post the appropriate time limits in such area. Such privilege need not apply to zones in which: (a) Stopping, standing, or parking of all vehicles is prohibited; (b) Only special vehicles may be parked; (c) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic. (3)(a) A person with a disability may park in a parking space identified as being reserved for use by persons with disabilities whether on public property or private property available for public use. A placard or license plate obtained pursuant to section 42-3-121, C.R.S., or as other- wise authorized by subsection (4)of this section shall be displayed at all times on the vehicle while parked in such space. (b) The owner of private property available for public use may request the installation of official signs identifying parking spaces reserved for use by persons with disabilities. Such a request shall be a waiver of any objection the owner may assert concerning enforcement of this section by peace officers of any political subdivision of this state, and such officers are hereby authorized and empowered to so enforce this section, provisions of law to the contrary notwithstanding. (c) Each parking space reserved for use by persons with disabilities whether on public property or private property shall be marked with an official upright sign, which sign may be stationary or portable, identify- ing such parking space as reserved for use by persons with disabilities. (4) Persons with disabilities from states other than Colorado shall be allowed to use parking spaces for persons with disabilities in Colorado so long as such persons have valid license plates or placards from their home state that are also valid pursuant to 23 CFR part 1235. (5) It is unlawful for any person other than a person with a disability to park in a parking space on public or private property that is clearly identified by an official sign as being reserved for use by persons with disabilities unless: (a) Such person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the space reserved for use by persons with disabilities; and 90 (b) A license plate or placard obtained pursuant to section 42-3-121, C.R.S., or as otherwise authorized by subsection (4) of this section is displayed in such vehicle. (6) Any person who is not a person with a disability and who exercises the privilege defined in subsection (2) of this section or who violates the provisions of subsection (5) or subsection (9) of this section of this section commits a traffic offense. (7) Any person who is not a person with a disability and who uses a license plate or placard issued to a person with a disability pursuant to section 42-3-121 (2), C.R.S., in order to receive the benefits or privileges available to a person with a disability under this section commits a traffic offence. (8) Any law enforcement officer or authorized and uniformed parking enforcement official may check the identification of any person using a license plate or placard for persons with disabilities in order to determine whether such use is authorized. (9) It is unlawful for any person to park a vehicle so as to block reason- able access to curb ramps or passenger loading zones, as identified 28 CFR part 36 (appendix A), that are clearly identified and are adjacent to a parking space reserved for use by persons with disabilities unless such person is loading or unloading a person with a disability. (10)(a) For purposes of this subsection (10), “holder” means a person with a disability as defined in section 42-4-121(1)(b), C.R.S., who has lawfully obtained a license plate or placard issued pursuant to section 42- 3-121(2), C.R.S., or as otherwise authorized by subsection (4) of this section. (b) Notwithstanding any other provision of this section to the contrary, a holder is liable for any penalty or fine as set forth in this section or section 43-3-121, C.R.S., or for any misuse of a disabled license plate or placard, including the use of such plate or placard by any person other than a holder, unless the holder can furnish sufficient evidence that the license plate or placard was, ate the time of the violation , in the care, custody, or control of another person without the holder’s knowledge or consent. (c) A holder may avoid the liability described in paragraph (b) of this subsection (10) if, within a reasonable time after notification of the violation, the holder furnishes to the prosecutorial division of local government where the offense took place, the name and address of the person who had the care, custody, or control of such licence plate or placard at the time of the violation or the holder reports said license plate or placard lost or stolen to both the appropriate local law enforcement 91 agency and the Colorado department of revenue. Source: MTC 2003 (1),(2),(3)(a),(4), and (6) amended; (9)and(10) added. 1209. Owner liability for parking violations. In addition to any other liability provided for in this Code, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a parking violation fine unless the owner of the leased or rented motor vehicle can furnish sufficient evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. To avoid liability for payment the owner of the motor vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the prosecutorial division of the appropriate jurisdiction the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of such vehicle. As a condition to avoid liability for payment of a parking violation, any person or company who leases or rents motor vehicles to another person shall attach to the leasing or rental agreement a notice stating that, pursuant to the requirements of this section, the operator of the vehicle is liable for payment of a parking violation fine incurred when the operator has the care, custody, or control of the motor vehicle. The notice shall inform the operator that the operator name and address shall be furnished to the prosecutorial division of the appropriate juris- diction when a parking violation fine is incurred by the operator. 1210. Designated areas on private property for authorized vehicles -county - unincorporated areas. (1) The owner or lessee of any private property available for public use in the unincorporated areas this county may request in writing that specified areas on such property be desig- nated by the board of county commissioners for use only by authorized vehicles and that said areas, upon acceptance in writing by the board of county commissioners, shall be clearly marked by the owner or lessee with official traffic control devices, as defined in section 42-1-102 (65), C.R.S. Such a request shall be a waiver of any objection the owner or lessee may assert concerning enforcement of the section by peace officers of the state, and such officers are hereby authorized and empow- ered to so enforce this section, provisions of law to the contrary notwith- standing. When the owner or lessee gives written notice to the board of county commissioners that said request is withdrawn, and the owner or lessee removes all traffic control devices, the provisions of this section shall no longer be applicable. 92 (2) It is unlawful for any person to park any vehicle other than an authorized vehicle in any area designated and marked for such use as provided in this section. Source: MTC 2003 added. 1211. Limitations on backing. (1) The driver of a vehicle, whether on public property or private property which is used by the general public for parking purposes, shall not back the same unless such movement can be made with safety and without interfering with other traffic. (2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. PART 13 ALCOHOL AND DRUG OFFENSES (omitted) 93 PART 14 OTHER OFFENSES 1401. Reckless driving - penalty. (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127, C.R.S. Source: MTC 2003 (2) deleted. 1402. Careless driving - penalty. (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circum- stances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127, C.R.S. (2) If the person’s actions are the proximate cause of bodily injury or death to another, such person commits a traffic offense. Source: MTC 2003 (2) amended. 1403. Following fire apparatus prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire appara- tus has stopped in answer to a fire alarm. 1404. Crossing fire hose. No vehicle shall be driven over any unpro- tected hose of a fire department used at any fire, alarm of fire, or practice runs or laid down on any street, private driveway, or highway without the consent of the fire department official in command. 1405. Riding in trailers. No person shall occupy a trailer while it is being moved upon a public highway. 1406. Foreign matter on highway prohibited. (1)(a) No person shall throw or deposit upon any highway any glass bottle, glass, stones, nails, tacks, wire, cans, or other substance likely to injure any person, animal, or vehicle upon such highway. 94 (b) No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon any highway. (2) Any person who drops, or permits to be dropped or thrown, upon any highway or structure any destructive or injurious material or lighted or burning substance shall immediately remove the same or cause it to be removed. (3) Any person removing a wrecked or damaged vehicle from a high- way shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (4) No person shall excavate a ditch or other aqueduct, or construct any flume or pipeline or any steam, electric, or other railway, or con- struct any approach to a public highway without written consent of the authority responsible for the maintenance of that highway. (5) Any person who violates any provision of paragraph (b) of subsec- tion (1) of this section commits a class 2 misdemeanor and shall be punished as provided in title 18, Colorado Revised Statutes. Source: MTC 2003 (1)(b) and (5) added. 1407. Spilling loads on highways prohibited. (1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom; except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (2)(a) No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless: (I) The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. (II) The vehicle utilizes other technology that prevents the aggregate material form blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. (2)(b) Nothing in this subsection (2) shall apply to a vehicle: (I) Operating entirely within a marked construction zone; (II) Involved in maintenance of public roads during snow or ice removal operations; or (III) Involved in emergency operations when requested by a law en- 95 forcement agency or an emergency response authority designated in or pursuant to section 29-22-102, C.R.S. (3) For the purposes of this section, “aggregate material” means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale; except that “aggregate material” does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not suscep- tible to blowing. Source: MTC 2003 (2) and (3) added. 1407.5 Splash guards - when required. (1) As used in this section, unless the context otherwise requires: (a) “Splash guard” means mud flaps, rubber, plastic, or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear. (b) “Splash guards” must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface to the street or highway when the vehicle is empty, and generally maintain their perpen- dicular relationship under normal driving conditions. (2) Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle is equipped with splash guards. (3) This section does not apply to: (a) Passenger-carrying motor vehicles registered pursuant to 42-3-134 (4), C.R.S.; (b) Trucks and truck tractors registered pursuant to section 42-3-134 (12) or (13), C.R.S., having an empty weight of ten thousand pounds or less; (c) Trailers equipped with fenders or utility pole trailers; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles; (f) Vehicles drawn by animals; or (g) Bicycles. Source: MTC 2003 section added. 1408. Operation of motor vehicles on property under control of or owned by parks and recreation districts. (1) Any metropolitan recreation district, any park and recreation district organized pursuant to 96 article 1 of title 32, C.R.S., or any recreation district organized pursuant to the provisions of part 7 of article 20 of title 30, C.R.S., referred to in this section as a “district”, shall have the authority to designate areas on property owned or controlled by the district in which the operation of motor vehicles shall be prohibited. Areas in which it shall be prohibited to operate motor vehicles shall be clearly posted by a district. (2) It is unlawful for any person to operate a motor vehicle in an area owned or under the control of a district if the district has declared the operation of motor vehicles to be prohibited in such area, as provided in subsection (1) of this section. 1409. Compulsory insurance - penalty. (1) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this local government when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4-716, C.R.S. (2) No person shall operate a motor vehicle on the public highways of this local government without a complying policy or certificate of self- insurance in full force and effect as required by sections 10-4-705 and 10-4-716, C.R.S. (3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by sec- tions 10-4-705 and 10-4-716, C.R.S. (4) Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a traffic offense. (5) Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certifi- cate of self-insurance in full force and effect as required by sections 10- 4-705 and 10-4-716, C.R.S., when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of this section. (6) No person charged with violating subsection (1), (2), or (3) of this section shall be convicted if he produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by sections 10-4-705 and 10-4-716, C.R.S., at the time of the alleged violation. 97 1410. 1411. Use of earphones while driving. (1)(a) No person shall operate a motor vehicle while wearing earphones. (b) For purposes of this subsection (1), “earphones” includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. “Earphones” does not include speakers or other listening devices which are built into protective headgear. 1412. Operation of bicycles and other human-powered vehicles. (1) Every person riding a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this Code, except as to special regulations in this Code and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 221, and, when using streets and highways within this local government, shall be subject to local ordi- nances regulating the operation of bicycles as provided in section 42-4- 111, C.R.S. (2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty- sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or any political subdivision under the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S. (3) No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped. (4) No person riding upon any bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway. (5) Any person riding a bicycle shall ride in the right-hand lane. When being overtaken by another vehicle, such person shall ride as close to the right-hand side as practicable. Where a paved shoulder suitable for bicycle riding is present, persons operating bicycles shall ride on the paved shoulder. These provisions shall apply, except under any of the following situations: (a) When overtaking and passing another bicycle or vehicle proceeding in the same direction; 98 (b) When preparing for a left turn at an intersection or into a private road or driveway; (c) When reasonably necessary to avoid hazardous conditions, includ- ing, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, or surface hazards. (6)(a) Persons operating bicycles on roadways shall ride single file; except that riding no more than two abreast is permitted in the following circumstances: (I) When there is no motor vehicle traffic approaching from the rear within a distance of three hundred feet and the sight distance on the roadway at the time and place and under the conditions then existing is a minimum of three hundred feet to the front and to the rear of the bicy- clists; or (II) When riding on paths or parts of roadways set aside for the exclu- sive use of bicycles. (b) Persons riding two abreast shall ride within a single lane. (7) A person operating a bicycle shall keep at least one hand on the handlebars at all times. (8)(a) A person riding a bicycle intending to turn left shall follow a course described in sections 901 (1), 903, and 1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8). (b) A person riding a bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), local authorities may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled. (9) (a) Except as otherwise provided in this subsection (9), every person riding a bicycle shall signal his intention to turn or stop in accor- dance with the provisions of section 903. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle before turning and shall be given while the bicycle is 99 stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle. (10)(a) A person riding a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (b) A person shall not ride a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk where such use of bicycles is prohibited by official traffic control devices or local ordinances. (c) A person riding or walking a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances. (d) A person riding a bicycle upon and along a sidewalk shall dismount before entering any roadway and, when crossing any such roadway, shall observe all the rules and regulations applicable to pedestrians. (11)(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. (d) A bicycle may be parked on the road abreast of another bicycle or bicycles near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. (e) In all other respects, bicycles parked anywhere on a highway shall conform to the provisions of part 11 of this Code regulating the parking of vehicles. 1413. Eluding or attempting to elude a police officer. Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or local ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extin- guishes his lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a traffic offense. 100 1414. Moving construction related equipment. Pursuant to 42-4-202 (4), C.R.S., each exempt vehicle, motor vehicle, trailer, or item of mobile machinery, or self-propelled construction equipment, or similar imple- ment of equipment, used in any type of construction business may be moved on the roads, streets, and highways during daylight hours and at such time as vision is not less than five hundred feet. No cargo or supplies shall be hauled upon such exempt item except cargo and sup- plies used in normal operation of any such item. 1415. Use of dyed fuel on highways prohibited. No person shall operate a motor vehicle upon any highway of this state using diesel fuel dyed to show that no taxes have been collected on the fuel. Source: MTC 2003 added. 101 PART 15 MOTORCYCLES 1501. Traffic laws apply to persons operating motorcycles - special permits. (1) Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this Code, except as to special regulations in this Code and except as to those provisions of this Code which by their nature can have no application. (2) For the purposes of a prearranged organized special event and upon a showing that safety will be reasonably maintained, the department of transportation may grant a special permit exempting the operation of a motorcycle from any requirement of this part 15. 1502. Riding on motorcycles. (1) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the perma- nent seat if designed for two persons or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (2) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (3) No person shall operate a motorcycle while carrying packages, bundles, or other articles which prevent the person from keeping both hands on the handlebars. (4) No operator shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motor- cycle or the view of the operator. 1503. Operating motorcycles on roadways laned for traffic. (1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to motorcycles operated two abreast in a single lane. (2) The operator of a motorcycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (4) Motorcycles shall not be operated more than two abreast in a single lane. 102 (5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties. 1504. Clinging to other vehicles. No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway. PART 16 Accidents and Accident Reports (omitted) 103 PART 17 PENALTIES AND PROCEDURE Preface. (1) Municipalities that have adopted the Code need to be aware of: sections 13-10-101, C.R.S., et. seq., section 42-4-110 (2), C.R.S., and the Colorado Municipal Court Rules (C.M.C.R.). (2) Counties that have adopted the Code need to be aware of: part 5 of article 6 of title 13, C.R.S., section 16-2-201, C.R.S., sections 30-15-401 (1)(h), 30-15-402, 30-15-407, C.R.S., section 42-4-1701, C.R.S., Colo- rado Rules for Magistrates - Rule 7, and Colorado Rules of Criminal Procedure - Rule 4.1. 1701. Municipalities - traffic offenses classified - schedule of fines. (1) It is a traffic offense for any person to violate any provision of the Code. (2) Pursuant to C.M.C.R. 210 (b)(4), the court may by order, which may from time to time be amended, supplemented, or repealed, designate the traffic offenses, the penalties for which may be paid at the office of the court clerk or violations bureau. (3) The court in addition to any other notice, by published order to be prominently posted in a place where fines are to be paid, shall specify by suitable schedules the amount of fines to be imposed for violations, designating each violation specifically in the schedules. Such fines will be within the limits set by ordinance. (4) Fines and costs shall be paid to, receipted by, and accounted for by the violations clerk or court clerk. 1702. Counties - traffic offenses classified - schedule of fines. (1) Pursuant to sections 30-15-402 (1), C.R.S., and 42-4-1701, C.R.S., it is a traffic infraction for any person to violate parts 1 and 2, and 5 to 15 and 19 of this Code except as otherwise provided in subsections (2), (3),(4), and (5) of this section. (2) Sections 107, 228(8), 233, 235, 507, 508, 509, 1105, 1401, 1402 (1), 1413, and 1903 (1)(a) of this Code are class 2 traffic misdemeanors. (3) In section 1101 of this Code a violation of driving one to twenty- four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a traffic infraction; a violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense. 104 (4) Violation of subsection (2) of section 1402 is a class 1 traffic misdemeanor. (5) Violation of subsection (1.5) of section 225 shall, upon conviction, be punished by a fine of five hundred dollars. (6) The County Commissioners may adopt a fine and surcharge sched- ule for penalty assessment violations. Source: MTC 2003 section added. 1703. Parties to a crime. Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in this Code to be a traffic offense, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this Code is likewise guilty of such offense or liable for such offense. 1704. Offenses by persons controlling vehicles. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law or this Code. 1705. Person arrested to be taken before the proper court. (1) Whenever a person is arrested for any violation of this Code, the arrested person shall be taken without unnecessary delay before a municipal or county judge who has jurisdiction of such offense as provided by law, in any of the following cases: (a) When a person arrested demands an appearance without unneces- sary delay before a judge; (b) When the person is arrested and charged with an offense under this Code causing or contributing to an accident resulting in injury or death to any person; (c) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property; (d) Reckless driving; (e) Exceeding the speed limit by more than nineteen miles per hour; (f) Exhibition of speed or speed contest. (g) In any other event when the provisions of this part 17 apply and the person arrested refuses to give his written promise to appear in court as provided in section 1707. 105 (2) Whenever any person is arrested by a police officer for any viola- tion of this Code and is not required to be taken before a municipal or county judge as provided in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 1707 or be taken without unnecessary delay before a municipal or county judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reason- able and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. (3) Any other provision of law to the contrary notwithstanding, a police officer may place a person who has been arrested and charged with a violation of section 42-4-1301 (1)(a) or (2), C.R.S., and who has been given a written notice or summons to appear in court as provided in section 1707 in a state-approved treatment facility for alcoholism even though entry or other record of such arrest and charge has been made. Such placement shall be governed by part 3 of article 1 of title 25, C.R.S., except where in conflict with this section. 1706. Juveniles - convicted - arrested and incarcerated - provisions for confinement. Pursuant to 13-10-113 (5), C.R.S., and notwithstand- ing any other provision of law, a child, as defined in section 19-1-103 (18), C.R.S., arrested for an alleged violation of a municipal ordinance, convicted of violating a municipal ordinance or probation conditions imposed by a municipal court, or found in contempt of court in connec- tion with a violation or alleged violation court, or found in contempt of court in connection with a violation or alleged violation of a municipal ordinance shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders but may be held in a juvenile deten- tion facility operated by or under contract with the department of human services or a temporary holding facility operated by or under contract with a municipal government that shall receive and provide care for such child. A municipal court imposing penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a municipal ordinance may confine a child pursuant to section 19-2-508, C.R.S., for up to forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services. In imposing any jail sentence upon a juvenile for violating any municipal ordinance when the municipal court 106 has jurisdiction over the juvenile pursuant to section 19-2-104 (1)(a)(II), C.R.S., a municipal court does not have the authority to order a child under eighteen years of age to a juvenile detention facility operated or contracted by the department of human services. Source: MTC 2003 amended. 1707. Summons and complaint or penalty assessment notice for traffic offenses - release - registration. (1) Whenever a person com- mits a violation of this Code other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 1701, 1702, Colorado Rules for Magistrates and C.M.C.R., and such person is not required by the provisions of section 1705 to be arrested and taken without unnecessary delay before a municipal judge, county judge or county magistrate, the peace officer may issue and serve upon the defendant a summons and complaint which shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; shall direct the defendant to appear in a specified municipal or county court at a speci- fied time and place; shall be signed by the peace officer; and shall contain a place for the defendant to execute a written promise to appear at the time and place specified in the summons portion of the summons and complaint. (2) If a peace officer issues and serves a summons and complaint to appear in municipal court or county court upon the defendant as de- scribed in subsection (1) of this section, any defect in form in such summons and complaint regarding the name and address of the defen- dant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, the date and approximate location thereof, and the date the summons and complaint is served on the defendant may be cured by amendment at any time prior to trial or any time before verdict or findings upon an oral motion by the prosecuting attorney after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defen- dant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (2). (3)(a) Whenever a penalty assessment notice for a traffic offense is 107 issued pursuant to section 1701 or 1702, the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the Code alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for such offense, the amount of sur- charge thereon pursuant to section 24-4.2-109, C.R.S., the number of points, if any, prescribed for such offense pursuant to section 42-2-127, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified municipal or county court at a specified time and place in the event such penalty thereon are not paid; shall be signed by the peace officer; and shall contain a place for such defendant to elect to execute a signed acknowl- edgment of guilt and an agreement to pay the penalty prescribed thereon within twenty days, as well as such other information as may be required by ordinance and court rules to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty thereon not be paid within the time allowed by ordinance or court order. (b) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the clerk of the appropriate court or the prosecuting attorney. (4)(a) The time specified in the summons portion of said summons and complaint must be at least twenty days after the date such summons and complaint is served, unless the defendant shall demand an earlier court appearance date. (b) The time specified in the summons portion of said penalty assess- ment notice shall be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier court appearance date. (5) The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be a municipal or county court within the county in which the offense is alleged to have been committed. (6) If the defendant is otherwise eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this Code punishable as a traffic offense and if the defendant does not possess a valid Colorado driver’s license, the defendant, in order to secure release, as provided in this section, must either consent to be taken by the officer to the nearest mailbox and to mail the amount of the penalty thereon to 108 the clerk of the court or must execute a promise to appear in court on the penalty assessment notice or on the summons and complaint. If the defendant does possess a valid Colorado driver’s license, the defendant shall not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint. 1708. Burden of proof - appeals. (1) The burden of proof shall be upon the people, and the court shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt. (2) Appeals from courts of record shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure. 1709. Penalty assessment notice for traffic offenses - violations of provisions by officer - driver’s license. (1) Whenever a penalty assessment notice for a traffic offense is issued pursuant to section 1701 or 1702, the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the statute alleged to have been violated, a brief description of the traffic offense, the date and approximate location thereof, the amount of the penalty prescribed for such traffic infraction, the amount of the surcharge thereon pursuant to section 24-4.2-109, C.R.S., the number of points, if any, prescribed for such traffic infraction pursuant to section 42-2-127, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified county court at a specified time and place in the event such penalty and surcharge thereon is not paid; shall be signed by the peace officer; and shall contain a place for the defen- dant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed and surcharge thereon within twenty days, as well as such other information as may be required by law to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty and surcharge thereon not be paid within the time allowed set by ordinance or court order. (2) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor of the motor vehicle division and such other copies sent as may be required by rule or regulation of the motor vehicle division to govern the internal administration of this article between the motor vehicle division and the Colorado state patrol. 109 (3) The time specified in the summons portion of said penalty assess- ment notice must be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing. (4) The place specified in the summons portion of said penalty assess- ment notice must be a municipal court or county court within the munici- pality or county in which the traffic infraction is alleged to have been committed. (5) Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant. Source: MTC 2003 (4) amended. 1710. Failure to pay penalty for traffic offenses - procedures.(1) Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this article and surcharge thereon pursuant to section 24-4.2-109, C.R.S., such person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person. (2) If the violator answers that he is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator. (3) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in section 18-1-405, C.R.S. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator. (4) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to section 1701 or 1702. If a penalty assessment notice is prohibited by section 1705(1), the penalty shall be assessed pursuant to section 1701. 1711. Compliance with promise to appear. A written promise to appear in court may be complied with by an appearance by counsel. 1712. Procedure prescribed not exclusive. The foregoing provisions of this Code shall govern all police officers in making arrests without a warrant or issuing citations for violations of this Code, for offenses or 110 infractions committed in their presence, but the procedure prescribed in this Code shall not otherwise be exclusive of any other method pre- scribed by law for the arrest and prosecution of a person for an offense or infraction of like grade. 1713. Conviction record inadmissible in civil action. Except as provided in sections 42-2-201 to 42-2-208, C.R.S., no record of the conviction of any person for any violation of this Code shall be admis- sible as evidence in any court in any civil action. 1714. Traffic violation not to affect credibility of witness. The conviction of a person upon a charge of violating any provision of this Code or other traffic regulation less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding. 1715. Convictions, judgments, and charges recorded - public inspection. (1) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this Code or any other law regulating the operation of vehicles on highways. (2) Within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of this Code or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made or the conviction was had or bail was forfeited shall prepare and immedi- ately forward to the motor vehicle division of the department of revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. (3) Said abstract must be made upon a form furnished by the depart- ment of revenue and shall include the name, address, and driver’s license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfei- ture as the case may be. 1716. Notice to appear or pay fine - failure to appear - penalty. (1) For the purposes of this part 17, tender by an arresting officer of the 111 summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon. (2) Any person who violates any provision of this section commits a traffic offense. 1717. Conviction - attendance at driver improvement school. Whenever a person has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condi- tion of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation other than a traffic infraction, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any desig- nated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court. Source: MTC 2003 amended. PART 18 TOWING AND STORAGE (omitted) 112 PART 19 SCHOOL BUSES 1901. School buses - equipped with supplementary brake retard- ers. (1)(a) On and after July 1, 1991, except as provided in paragraph (a) of subsection (2) of this section, passengers of any school bus being used on mountainous terrain by any school district of the state shall not occupy the front row of seats and any seats located next to the emer- gency doors of such school bus during the period of such use. (b) For purposes of this section, mountainous terrain shall include, but shall not be limited to, any road or street which the state department of transportation has designated as being located on mountainous terrain. (2)(a) The provisions of paragraph (a) of subsection (1) of this section shall not apply to: (I) Passengers of any school bus which is equipped with retarders of appropriate capacity for purposes of supplementing any service brake systems of such school bus; or (II) Any passenger who is adequately restrained in a fixed position pursuant to federal and state standards. (b) The general assembly encourages school districts to consider installing only electromagnetic retarders or state-of-the-art retarders for purposes of supplementing service brake systems of school buses when such retarders are acquired on or after the effective date of this section. The general assembly also encourages school districts to consider purchasing only those new school buses which are equipped with exter- nal public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses. (3) For purposes of this section and section 1902: (a) “Mountainous terrain” means that condition where longitudinal and transverse changes in the elevation of the ground with respect to a road or street are abrupt and where benching and sidehill excavation are frequently required to obtain acceptable horizontal and vertical align- ment. (b) “School bus” means any bus used to transport students to and from school or a school-sponsored activity, whether said activity occurs within or without the territorial limits of any district and whether or not occur- ring during school hours. 1902. School bus drivers - special training required. On and after July 1, 1992, the driver of any school bus, as defined in section 1901 113 (3)(b), owned or operated by or for any school district in this state shall have successfully completed training, approved by the department of education, concerning driving on mountainous terrain, as defined in section 1901 (3)(a), and driving in adverse weather conditions. 1903. School buses - stops - signs - passing. (1)(a) The driver of a vehicle upon any highway, road, or street, upon meeting or overtaking from either direction any school bus which has stopped, shall stop his vehicle before reaching such school bus if there are in operation on said school bus visual signal lights as specified in subsection (2) of this section, and said driver shall not proceed until the visual signal lights are no longer being actuated; but, in the case of small passenger-type ve- hicles operated as school buses having a seating capacity of not more than fifteen, no such visual signal lights need be displayed or actuated. (b)(I) A driver of any school bus who observes a violation of paragraph (a) of this subsection (1) shall notify his school district transportation dispatcher. The school bus driver shall provide the school district transportation dispatcher with the color, basic description, and license plate number of the vehicle involved in the violation, information pertaining to the identity of the alleged violator, and the time and the approximate location at which the violation occurred. Any school district transportation dispatcher who has received information by a school bus driver concerning a violation of paragraph (a) of this subsection (1) shall provide such information to the appropriate law enforcement agency or agencies. (II) A law enforcement agency may issue a citation on the basis of the information supplied to it pursuant to subparagraph (I) of this paragraph (b) to the driver of the vehicle involved in the violation. (2)(a) Every school bus as defined in section 42-1-102 (88), C.R.S., other than a small passenger-type vehicle having a seating capacity of not more than fifteen, used for the transportation of schoolchildren shall: (I) Bear upon the front and rear of such school bus plainly visible and legible signs containing the words “SCHOOL BUS” in letters not less than eight inches in height; and (II) Display eight visual signal lights, which shall be two alternating flashing red lights visible to the drivers of vehicles approaching from the front of said bus, and two alternating flashing red lights visible to the drivers of vehicles approaching from the rear of said bus, and four visual signal lights mounted near each of the four red lights and at the same level but closer to the vertical center line of the bus and which shall be 114 alternately flashing with two visible to the front and two visible to the rear. These visual signal lights shall be mounted as high as practicable, shall be as widely spaced laterally as practicable, and shall be located on the same level. These lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (b)(I) When a school bus is equipped only with red visual signal lights, they shall be actuated by the driver of said school bus whenever such vehicle is stopped for the purpose of receiving or discharging schoolchil- dren and at no other time; but such lights need not be actuated when any said school bus is stopped at locations where the local traffic regulatory authority has by prior written designation declared such actuation unnecessary. (II) A school bus shall be exempt from the provisions of subparagraph (I) of this paragraph (b) when stopped for the purpose of discharging or loading passengers, who require the assistance of a lift device only when no passenger is required to cross the roadway. Such busses shall stop as far to the right of the roadway as possible to reduce obstruction to traffic. (c) The alternating flashing yellow lights shall be actuated at least two hundred feet prior to the point where the bus is to be stopped for the purpose of receiving or discharging schoolchildren, and the red lights shall be actuated only at the time the bus is actually stopped. (3) Every school bus used for the transportation of schoolchildren, except those small passenger-type vehicles described in subsection (1) of this section shall be equipped with a stop signal arm mounted outside the bus on the left, alongside the driver and below the window. The stop signal arm shall be a flat octagon with the word “STOP” printed on both sides in such a manner as to be easily visible to persons approaching from either direction. The stop signal arm shall contain two alternately flashing red lamps which are connected to the alternating flashing signal light system described in subsection (2) of this section, and the stop signal arm shall be extended only when the red visual signal lights are in operation. (4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a differ- ent roadway. For the purposes of this section, “highway with separate roadways” means a highway that is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island. (5) Every school bus shall stop as far to the right off the highway, road, or street as possible before discharging or loading passengers; except that the school bus may block the lane of traffic when a passenger being 115 received or discharged is required to cross the roadway. When possible, a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus which has stopped shall allow time for any vehicles which have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic. (6)(a) Except as provided in paragraph (b) of this subsection (6), any person who violates any provision of paragraph (a) of subsection (1) of this section commits a traffic offense. (b) Any person who violates the provisions of paragraph (a) of subsec- tion (1) of this section commits a traffic offense if such person has been convicted within the previous five years of a violation of paragraph (a) of subsection (1) of this section. (7) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104 (1)(c), C.R.S. Source: MTC 2003 (2),(3), and (5) amended. 1904. Regulations for school buses - regulations on discharge of passengers - penalty - exception. (1) The state board of education, by and with the advice of the executive director of the department, shall adopt and enforce regulations not inconsistent with this Code to govern the operation of all school buses used for the transportation of school- children and to govern the discharge of passengers from such school buses. Such regulations shall prohibit the driver of any school bus used for the transportation of schoolchildren from discharging any passenger from the school bus which will result in the passenger’s immediately crossing a major thoroughfare, except for two-lane highways when such crossing can be done in a safe manner, as determined by the local school board in consultation with the local traffic regulatory authority, and shall prohibit the discharging or loading of passengers from the school bus onto the side of any major thoroughfare whenever access to the destina- tion of the passenger is possible by the use of a road or street which is adjacent to the major thoroughfare. For the purposes of this section, a “major thoroughfare” means a freeway, any U.S. highway outside any incorporated limit, interstate highway, or highway with four or more lanes, or a highway or road with a median separating multiple lanes of traffic. Every person operating a school bus or responsible for or in 116 control of the operation of school buses shall be subject to said regula- tions. (2) Any person operating a school bus under contract with a school district who fails to comply with any of said regulations is guilty of breach of contract, and such contract shall be canceled after notice and hearing by the responsible officers of such district. (3) Any person who violates any provision of this section is guilty of a traffic offense and, upon conviction thereof, shall be punished by a fine or by imprisonment in the county jail or by both such fine and imprison- ment. (4) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104 (1)(c), C.R.S. 117 118 Page Intentionally Left Blank 119 DEFINITIONS 101. Meaning of words. Whenever any words and phrases used in this Code are not defined but are defined in section 42-1-102, C.R.S., they shall have the meaning in ascribed to them in state law. 102. Definitions. As used in this Code, unless the context otherwise requires: (1) ”Acceleration lane” means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic. (2) ”Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic. (2.5) “Appurtenance” means a piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. “Appurtenance” does not include any item or equipment that is tempo- rarily affixed or attached to the exterior or a motor vehicle for the purpose of transporting such vehicle. (3) ”Authorized emergency vehicle” means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means such privately owned vehicles as are designated by the state motor vehicle licensing agency, necessary to the preservation of life and property, to be equipped and to operate as emergency vehicles in the manner prescribed by state law. (4) ”Authorized service vehicle” means such highway or traffic mainte- nance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the department of transportation under section 42-4-214 (5), C.R.S. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle. (5) ”Automobile” means any motor vehicle. (6) ”Bicycle” means every vehicle propelled solely by human power applied to pedals upon which any person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter. (7) ”Business district” means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. (8) ”Calendar year” means the twelve calendar months beginning January 1 and ending December 31 of any year. (9) ”Camper coach” means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations. (10) ”Camper trailer” means a wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations. (11) ”Chauffeur” means every person who is employed for the princi- pal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. (12) “Commercial carrier” means any owner of a motor vehicle, truck, truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or other- wise in any business or commercial enterprise. (13) ”Controlled-access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (14) ”Convicted” and “conviction” include conviction in any court of record or any municipal court or acceptance of a penalty assessment notice and payment of the prescribed penalty in accordance with the provisions of part 17 of this Code. (15) ”Court” means any municipal court, county court, district court, or any court having jurisdiction over offenses against traffic regulations and laws. 120 (16) ”Crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface. (17) ”Deceleration lane” means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic. (18) ”Divided highway” means a highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual. (19) ”Drive-away transporter or tow-away transporter” means every person engaged in the transporting of vehicles which are sold or to be sold and not owned by such transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof. (20) ”Driver” means every person, including a minor driver under the age of eighteen years and a provisional driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle. (21) ”Empty weight” means the weight of any motor vehicle or trailer or any combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department. (22) ”Explosives and hazardous materials” means any substance so defined by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389. (23) ”Farm tractor” means every motor vehicle designed and used prima- rily as a farm implement for drawing plows and mowing machines and other implements of husbandry. (24) ”Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit or less, as determined by a Tagliabue or equiva- lent closed-cup test device. (25) ”Foreign vehicle” means every motor vehicle, trailer, or semitrailer which is brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state. (26) “Fullmount” means a vehicle which is mounted completely on the frame of the first vehicle or last vehicle in a saddlemount combination. 121 (27) ”Garage” means any public building or place of business for the storage or repair of automobiles. (28) ”Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state. (29) “High occupancy vehicle lane” means a lane designated pursuant to the provisions of section 42-4-1012, C.R.S., or this Code. (30) ”Implement of husbandry” means every vehicle which is designed for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, and other heavy movable farm equipment primarily used on farms and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 4 of article 4 of title 42, C.R.S., be considered as component parts of such implements of husbandry. (31) ”Intersection” means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon differ- ent highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersect- ing highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection. (32) ”Lane” means the portion of a roadway for the movement of a single line of vehicles. (33) ”Laned highway” means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (34) ”Local authorities” means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state. (35) ”Markings” means all lines, patterns, words, colors, or other devices, except signs, set into the surface of, applied upon, or attached to 122 the pavement or curbing or to objects within or adjacent to the roadway, conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic. (36) ”Metal tires” means all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. (37) ”Mobile machinery” or “self-propelled construction equipment” means those vehicles, self-propelled or otherwise, which are not de- signed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. (38) ”Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “farm tractor” and except a motorized bicycle as defined in paragraph (b) of subsection (42) of this section. (39) ”Motor-driven cycle” means every motorcycle, including every motorscooter, with a motor which produces not to exceed six-brake horsepower and every bicycle with motor attached, but not trail bikes, minibike, go-carts, golf carts, and similar vehicles which are not de- signed for or approved by the department for use on the public roads or highways and not motorized bicycles as defined in paragraph (b) of subsection (42) of this section. (40) ”Motor home” means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a perma- nent attachment to, a motor vehicle chassis or van. (41) ”Motor vehicle” means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in paragraph (b) of subsection (42) of this section, wheelchairs as defined by subsection (89) of this section, or vehicles moved solely by human power. For the purposes of the offenses described in sections 42- 123 2-128, 42-4-1301, and 42-4-1401, C.R.S., for farm tractors operated on streets and highways, “motor vehicle” includes a farm tractor which is not otherwise classified as a motor vehicle. (42) (a) ”Motorscooter” and “motorbicycle” mean every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “farm tractor” as defined in this section and any motorized bicycle as defined in paragraph (b) of this subsection (42), which motor vehicle is powered by an engine of not to exceed six-brake horsepower. (b) ”Motorized bicycle” means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 C.C., and an automatic transmission which produces a maximum design speed of not more than thirty miles per hour on a flat surface. (43) ”Mounted equipment” means any item of tangible personal property weighing more than five hundred pounds which is rigidly mounted on or attached to a vehicle subsequent to its manufacture and which, when so mounted on or attached to a vehicle, becomes an integral part thereof essential to the operation of such vehicle in carrying out and accomplishing the purpose for which such vehicle is being used. (44) ”Noncommercial or recreational vehicle” means a truck operated singly or in combination with a trailer or utility trailer when the truck does not exceed six thousand five hundred pounds or a motor home, which truck or motor home is used exclusively for pleasure, enjoyment, other recreational purposes, or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise in any business or commercial enterprise. (45) ”Nonresident” means every person who is not a resident of this state. (46) “Off-highway vehicle” shall have the same meaning as set forth in section 33-14.5-101 (3), C.R.S. (47) ”Official traffic control devices” means all signs, signals, mark- ings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (48) ”Official traffic control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. (49) ”Owner” means a person who holds the legal title of a vehicle; or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condi- 124 tions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of title 42, C.R.S., or this Code. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more. (50) ”Park” or “parking” means the standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers. (51) ”Pedestrian” means any person afoot. (52) ”Person” means every natural person, firm, copartnership, associa- tion, or corporation. (53) ”Pneumatic tires” means all tires inflated with compressed air. (54) ”Pole”, “pipe trailer”, or “dolly” means every vehicle of the trailer type having one or more axles not more than forty-eight inches apart and two or more wheels used in connection with a motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly resting upon the towing vehicle. All the registra- tion provisions of articles 1 to 4 of title 42, C.R.S., shall apply to every pole, pipe trailer, or dolly. (55) ”Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (56) ”Private road” or “driveway” means every road or driveway not open to the use of the public for purposes of vehicular travel. (57) ”Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a rail- road train. (58) ”Reconstructed vehicle” means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models, and types or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. (59) ”Residence district” means the territory contiguous to and includ- ing a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business. 125 (60) ”Resident” means any person who owns or operates any business in this state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever shall occur first. (61) ”Right-of-way” means the right of one vehicle operator or pedes- trian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direc- tion, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (62) ”Road” means any highway. (63) ”Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn. (64) ”Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively. (65) ”Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. (66) ”School bus” means every motor vehicle which is owned by a public or governmental agency and operated for the transportation of children to or from school or which is privately owned and operated for compensation, but it does not include informal or intermittent arrange- ments, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of children to or from school. (67) ”Semitrailer” means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and transport property over the public highways. (68) ”Sidewalk” means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. 126 (69) ”Snowplow” means any vehicle originally designed for highway snow and ice removal or control or subsequently adapted for such purposes which is operated by or for the state of Colorado or any politi- cal subdivision thereof. (70) ”Solid rubber tires” means every tire made of rubber other than a pneumatic tire. (71) ”Specially constructed vehicle” means any vehicle which has not been originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles. (72) ”Stand” or “standing” means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. (73) ”State” means a state, territory, organized or unorganized, or district of the United States. (74) ”State motor vehicle licensing agency” means the motor vehicle division of the department of revenue. (75) ”State traffic control manual” means the most recent edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways”, including any supplement thereto, as adopted by the transportation commission. (76) ”Steam and electric trains” includes: (a) ”Railroad”, which means a carrier of persons or property upon cars, other than street cars, operated upon stationary rails; (b) ”Railroad train”, which means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars; (c) ”Streetcar”, which means a car other than a railroad train for transporting persons or property upon rails principally within a munici- pality. (77) ”Stinger-steered” means a semitrailer combination configuration wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit. (78) ”Stop” or “stopping” means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when neces- sary to avoid conflict with other traffic or in compliance with the direc- tions of a police officer or official traffic control device. (79) ”Stop line” or “limit line” means a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer. (80) ”Through highway” means every highway or portion thereof on 127 which vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device when such signs or devices are erected as provided by law. (81) ”Traffic” means pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any highway for the purposes of travel. (82) ”Trailer” means any wheeled vehicle, without motive power and having an empty weight of more than two thousand pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways. (83) (a) ”Trailer coach” means any wheeled vehicle having an overall width not exceeding eight feet and an overall length, excluding towing gear and bumpers, of not less than twenty-six feet and not more than forty feet, without motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and which may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle. (b) ”Manufactured home” means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. (84) ”Transporter” means every person engaged in the business of delivering vehicles of a type required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer. (85) ”Truck” means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. (86) ”Truck tractor” means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. (87) ”Utility trailer” means any wheeled vehicle weighing two thou- sand pounds or less, without motive power, which is designed to be 128 drawn by a motor vehicle and which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads of trash and rubbish, or not to exceed two horses over the public high- ways. (88) ”Vehicle” means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes any bicycle, but such term does not include any wheelchair as defined by subsection (89) of this section, or any off- highway vehicle, snowmobile, any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricul- tural operations or any device moved by muscular power or moved exclusively over stationary rails or tracks or designed to move primarily through the air. (89) “Wheelchair” means a motorized or nonmotorized wheeled device designed for use by a person with a physical disability. 129 130 APPENDIX PART A. Instructions for adopting Model Traffic Code by reference. PART B. Specimen ordinance for adopting Model Traffic Code by reference. PART C. Specimen notice of hearing. PART D. Specimen certification for posting of ordinance. PART E. Instructions for amending Model Traffic Code previously adopted. PART F. Listing of amendments for updating Model Traffic Code previously adopted. PART G. Specimen certification of Code. APPENDIX PART A. I N S T R U C T I O N S FOR ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE (Based on parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30 Colorado Revised Statutes; and on section 43-2-135(1)(g), C.R.S.) 1. Adopting Ordinance (see specimen) (a) Form and Content. The form and content of the adopting ordinance should be patterned as closely as possible after the specimen. (b) Exceptions. Any and all sections of the Code that are inapplicable to the municipality or county and are thereby to be deleted must be enumerated in the adopting ordinance. (c) Penalties. Any penalties shall be subject to sections 31-16-204 or 30-35-404, C.R.S. 2. Introduction: The Board of Trustees, City Council or Board of County Commissioners shall meet and introduce the adopting ordinance. 3. Notice of Hearing: (see specimen) After introduction of the adopting ordinance the Board of Trustees, City or Town Council, Board of County Commissioners must schedule a public hearing and give notice of such hearing. Notice of the hearing shall be published twice in a newspaper published or having a general circulation in the municipality, once at least eight days preceding the hearing, and once at least fifteen days preceding the hearing. If there is no such newspaper the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. 4. Content of Notice: The notice of public hearing shall state the time and place of the hearing and shall also state that copies of the Code, being considered for adop- tion, are on file at the office of the City(Town) Clerk or County Clerk and are open to public inspection during regular business hours. The 131 notice shall also contain brief explanation of the purpose of the Code, the subject matter, the name and address of the agency by which it has been developed, and the date of publication of the Code. See sections 30-35- 403 or 31-16-203, C.R.S. 5. Copies of Code: Not less than three copies of the Code, all certified to be true copies by the City (Town) Clerk or County Clerk, shall be filed in the Clerk’s office fifteen days preceding the public hearing. The minimum number of copies required are available to municipalities and counties, without charge, from the Colorado Department of Transportation. 6. Deletions or Additions: After the hearing, the governing body may amend, adopt or reject the adopting ordinance. If any deletions or additions are made in the Code by the Board of Trustees, City or Town Council, or Board of County Commissioners they must be duly noted in the adopting ordinance. 7. Colorado Department of Transportation Approval: Approval by the Colorado Department of Transportation is required by law for all regulations pertaining to streets which are state highways. This approval will take the form of a written certification signed by the Chief Engineer. Approval should be sought following the public hearing and before the actual publication of the adopting ordinance so that the Department will have time to certify its approval of the regulations and schedules prior to the date the ordinance is calendared to become effec- tive. 8. Requirements for Department Approval: For purposes of review and approval the Colorado Department of Transportation requires an authenticated copy of the adopting ordinance. 9. Publication or Posting of Ordinance: After passage by the City or Town Council, or Board of County Com- missioners the adopting ordinance shall be published in full in some newspaper published within the corporate limits, or if there be none, then in some newspaper of general circulation in the municipality or county. If there is no such newspaper, the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. 132 10. Effective Date: The ordinance shall neither take effect nor be in force until the expiration of thirty days after it has been published or posted, except when the ordinance contains a special clause declaring that an emergency exists and that the ordinance is necessary for the immediate preservation of the public health and safety. The excepted ordinance shall take effect upon adoption and compliance with requirements for the mayor’s approval as provided by section 31-16-104, C.R.S., provided it has been passed by an affirmative vote of two-thirds of the members of the governing body of the City or Town. However, in no case shall regulations pertaining to state highways become effective until approval has been obtained from the Colorado Department of Transportation. 11. Public Record: After adoption of the Code by reference, the City, Town or County Clerk shall keep on file at least three copies for public inspection while the ordinance is in force, except that one of these copies may be placed in the office of the chief enforcement officer instead of in the office of the Clerk. 133 APPENDIX PART B. SPECIMEN ORDINANCE FOR ADOPTING MODEL TRAFFIC CODE BY REFERENCE ORDINANCE NO. _______________ TITLE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE (CITY TOWN COUNTY) OF _________________ COLORADO; ADOPTING BY REFERENCE THE 2003 EDITION OF THE “MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, BOARD OF TRUST- EES, BOARD OF COUNTY COMMISSIONERS OF THE (CITY TOWN COUNTY) OF ____________ COLORADO: Section 1. Adoption. Pursuant to parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700., Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City, Town, County. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk of the (City Town County) of ______________ Colorado, and may be inspected during regular business hours. Section 2. Deletions. The 2000 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/ or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: 134 (The adopting municipality or county should list and cross reference to affected sections any deletions. If none, in the above statement write “none”.) Section 3. Additions or Modifications. The said adopted Code is subject to the following additions or modifications: (The adopting municipality or county should set forth in full any addi- tions to or modifications of the adopted Code. If none, so indicate by inserting the word “None.”) Section 4. Penalties. The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions adopted in this ordinance. (b) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding ________ dollars ($_______), or by imprisonment not exceeding ______ (00) days, or by both such fine and imprisonment. Section 5. Application. This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this municipality or county, the use of which this municipality or county has jurisdiction and authority to regulate. The provisions of sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this municipality or county. Section 6. Validity. If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The (City Town Council) (Board of County Commissioners) hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 7. Repeal. Existing or parts of ordinances (identifying ordinance number may be cited) covering the same matters as embraced in this 135 ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordi- nance. Section 8. Interpretation. This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State’s uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 9. Certification. The City, Town, County Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. PASSED BY THE (CITY COUNCIL - BOARD OF COUNTY COM- MISSIONERS) AFTER A PUBLIC HEARING AND SIGNED THIS ______ DAY OF _________ , 20___ . ______________________________ Mayor or Chairman (SEAL) (CITY TOWN COUNTY) OF ______________ ATTEST: __________________________ (City Town County) Clerk 136 APPENDIX PART C. SPECIMEN NOTICE OF HEARING NOTICE is hereby given of a public hearing before the (City Town Council Board of County Commissioners) of ___________ Colorado, at ______(time) of the _____ day of _______, 20____, at _________(location)for the purpose of considering the adoption by reference of the “Model Traffic Code” 2003 edition, as the traffic ordinance of the (City, Town, County) of _____________, Colorado. Copies of the Model Traffic Code are on file at the office of the (City, Town, County) Clerk and may be inspected during regular business hours. If enacted as an ordinance of this City or County the Model Traffic Code will not be published in full, but in accordance with state law, copies will be kept on file. The “Model Traffic Code” 2003 edition is published by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700., Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehen- sive traffic control regulations for the (City Town County). The purpose of the Ordinance and the Code adopted therein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. At its next regular meeting following this hearing, the (City Town Council) (Board of County Commissioners) will consider passage of the adopting Ordinance. This notice given and published by the order of the (City Town Council) (Board of County Commissioners). Dated this ____________ day of _______, 20___. (CITY TOWN COUNTY) OF _________________, COLORADO __________________ (City Town County) Clerk First notice of hearing __________________ 20__ Second notice of hearing _________________ 20__ 137 APPENDIX PART D. SPECIMEN CERTIFICATION - POSTING OF ORDINANCE STATE OF COLORADO COUNTY OF ______________________ TOWN OF ______________________ The undersigned Clerk of the Town of ____________ Colorado, hereby certifies, upon resolution of the Board of Trustees, that there is no newspa- per published within or which has a general circulation within the munici- pality; that upon the authorization and direction of the Board of Trustees the undersigned has caused to be posted in three (3) public places namely: ________________________________ ________________________________ _________________________________ An ordinance entitled: “ADOPTING BY REFERENCE THE 2003 EDI- TION OF THE ‘MODEL TRAFFIC CODE FOR COLORADO LOCAL GOVERNMENTS’; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING FOR PENALTIES THEREOF.” The same being Ordinance No. ____________ Dated this ___ day of _____________ 20___. The undersigned further attests that each of the copies of said Ordinance remained posted continuously and uninterruptedly for the period required by law. WITNESS the hand and seal of the undersigned on this ______ day of ___________ 20___ ____________________________Town Clerk (SEAL) 138 APPENDIX PART E. INSTRUCTIONS FOR AMENDING MODEL TRAFFIC CODE PREVIOUSLY ADOPTED BY REFERENCE (Based on parts 1 and 2 of article 16 of title 31, as amended, and section 43-2-135 (1)(g), C.R.S.) 1. Amending Ordinance: Colorado law provides that whenever a Code is amended by the agency which originally promulgated or adopted it, any municipality which has previously adopted the Code by reference may also adopt the amend- ments by reference through the same procedure as required for the adoption of the original Code; or an ordinance may be enacted in regular manner, setting forth the entire text of the amendments. The instructions which follow apply to the latter method. 2. Form and Content: The form and content of the amending ordinance should conform to the requirements set forth in part 1 of article 16 of title 31, Colorado Revised Statutes, as amended. Amendments pertaining to sections of the Code which are inapplicable to the municipality should be deleted in the amending ordinance. 3. Public Hearing: No hearing is required if an ordinance is enacted setting forth the entire text of the amendments. 4. Publication or Posting: Publication or posting requirements for the amending ordinance are the same as for any other ordinance adopted by a City or Town. Publication or posting procedures are described in Part D of this Appendix. 5. Colorado Department of Transportation Approval: Colorado Department of Transportation approval of the amended regula- tions is required before any regulations pertaining to streets which are state highways become effective. This approval will take the form of a written certification signed by the Chief Engineer. 139 6. Effective Date: The amending ordinance will take effect upon adoption and compliance with requirements for the mayor’s approval or thirty days after publica- tion as provided by law. The procedure in each case is described in item no. 10 Part A of this Appendix. 7. Public Record: After passage of the amending ordinance the City or Town Clerk should continue to keep on file at least three copies of the adopted code, for public inspection in the manner shown in item no. 11 in Part A of this Appendix. 140 APPENDIX PART F. LISTING OF AMENDMENTS FOR UPDATING PREVIOUS EDITION OF MODEL TRAFFIC CODE ADOPTED BY REFERENCE Colorado statutes grant municipalities and counties the option of enact- ing an ordinance in the regular manner for the purpose of amending a code previously adopted by reference. To accomplish this, however, the entire text of the amendments must be set forth in such an ordinance. Local Governments that desire to follow this procedure instead of adopting the current edition of the Code by reference may obtain a listing and description of all pertinent changes from the Colorado Department of Transportation. The procedure for amending a code directly rather than by reference is set forth in Part E of this Appendix. Whenever possible, municipalities are urged to adopt the latest edition of the Code by reference instead of resorting to an amending ordinance. This procedure has several important advantages: (1) It avoids the problem of relating the various revisions and additions in an amending ordinance to the adopted edition of the Code; (2) It enables a municipality or county to have on record the latest references to applicable State statutes and national recommendations as well as informative and current editorial notes relating to the various traffic regulations; and (3) It facilitates the task of drafting the municipal or county ordinance pertaining to the Code. 141 APPENDIX PART G. SPECIMEN CERTIFICATION OF MODEL TRAFFIC CODE *(Form to be affixed to inside front or back cover of each Code provided for public inspection.) STATE OF COLORADO CERTIFICATION COUNTY OF ______________________ CITY (TOWN) OF _________________ We, the undersigned, do hereby certify that this Model Traffic Code is a true and accurate copy of the Code adopted by reference by the (City Town County) of ______________, Colorado under Ordinance No. _______ pursuant to and as provided by parts 1 and 2 of article 16 of title 31 or part 4 of article 15 title 30, C.R.S. Dated this _____ day of ___________, 20___ . By_____________________ Mayor or Chairman (SEAL) (CITY TOWN COUNTY) OF ______________ ATTEST: ________________________________ Clerk 142 WHY A MODEL TRAFFIC CODE FOR COLORADO? 1. Uniformity of basic road rules. 2. Uniformity of local traffic regulations. 3. Standardization of traffic regulation and control on streets that are state highways. 4. Compatibility of traffic ordinances with State and national vehicle codes. ALL CONTRIBUTING TO GREATER TRAFFIC SAFETY AND OPERATIONAL EFFICIENCY IN MOVING PEOPLE AND GOODS THROUGH AND WITHIN OUR LOCAL GOVERNMENTS! (See Foreword to Code for details.) 143 144 INDEX Abandonment of vehicle, §1202 Arrest. Accidents. Immediate appearance before judge, §1705 Compliance promise to appear, §1711 Minors, §1706 Procedure not exclusive, §1712 Backing, §1211 Bicycles. Equipment, §221 General provisions, §1412 Parking, §1204, §1412 Slow-moving vehicle emblem, §234 Traffic laws, Applicability, §1412 Careless driving, §1402 Child restraint systems, §236 Construction equipment. Moving of on highways, §1414 Construction zones. Generally, §712 Speeding in, §614 Convictions. Attendance at driver improvement school, §1717 Recording by judge or clerk of court, §1715 Damages. Liability for damage to highway, §512 Dimming headlights, §217 Disabled persons. Distress flag, §611 Drivers and pedestrians must yield to, §808 Parking privileges, §1208 Drag racing, §1105 Earphones, §1411 Electric vehicles, §109.5 Eluding, §1413 Emergency vehicles. Generally, §108 Yield to, §705 Explosives. On over-weight vehicles, §509 Fire apparatus. Following, §1403 Fire hose. Crossing, §1404 Farm equipment. Exemption from equipment provisions, §202 Lamps and reflectors, §211 Flag persons, §712 Following too closely, §1008 Golf carts, §109.5 Hazardous materials. On over-weight vehicles, §509 Height, of vehicles, §504 Insurance, §1409 Interference with official devices, §607 Jake brakes, muffler required, §225 Lights. Use of multiple beam, §217 Littering, §1406 Loads. Height, §504 Length, §504 Projecting, §503 Spilling, §1407 Weight of vehicles and loads, §508 Wheel and axle loads, §507 Width, §502 Manual for uniform traffic control devices (MUTCD). Local authorities. Adherence to, §104 Manufactured homes. Permits for moving, §510 Mopeds, §109 145 Motorcycles. General provisions, §1501 to §1504 Moving violations, fines doubled in school zones §615 Mufflers, §225 Obedience to traffic control devices, §603 Over-weight vehicles. Distance to scales, §509 Excess removed, §509 Parking. Abandonment of vehicle, §1202 Disabled persons, §1208 Prohibited in specified places, §1204 Rental vehicles. Liability of owner for violations, §1209 Railroad grade crossings, Certain vehicles to stop, §707 Heavy equipment, §708 Obstruction of, §709 Obedience to stop signal, §706 Reckless driving, §1401 Rights-of-way. Approaching or entering intersections, §701 Vehicle turning left, §702 Safety glazing material, §229 School buses. Discharge of passengers, §1904 Failure to stop for, §1903 School zones, increase in penalties §615 Seat belts, §237 Signals. Flashing, §605 Inoperative, §612 Meaning of, §604 Obedience to, §603 Skates, skis, and sleds, §109 Slow moving vehicle emblem, §234 Snowplows, §214 146 Speed. Alteration of limits, §1102 Contests, §1105 General provisions, §1101 Work zones, §614 Stop signs, Obedience to, §603 Rights-of-way, §703 Tailgating, §1008 Toll, failure to pay §613 Toy vehicles. Use on highways, §109 Trailers and towed vehicles, §506 Turning. At intersections, §701 Left turns at private road, driveway or alley, §702 U-turns, §902 Required position and method, §901 Turn signals, required use §903 Unauthorized signs or devices, §606 Unsafe vehicles, §202 Spot inspections, §203 Weight. Gross weight of vehicles and loads, §508 Removal of excess weight, §509 Weighing of vehicle at request of police officer, §509 Wheel and axle loads, §507 Windows. Light transmittance standards, §227 Safety glazing material, §229 Unobstructed, §227 Work zones, fines doubled, §614 147