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Ch. 91
Motor Vehicles and Traffic Regulation

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_______________
MOTOR VEHICLES AND TRAFFIC REGULATION
_______________
HOUSE BILL 93-1012
BY REPRESENTATIVES Faatz, Allen, Armstrong, Fleming, Foster, Kerns, Kreutz, Lyle, Martin, Pierson, Shoemaker, and Tanner;
also SENATORS Cassidy and Ruddick.
AN ACT
C
ONCERNING THE RECLASSIFICATION OF CERTAIN TRAFFIC OFFENSES AS TRAFFIC INFRACTIONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 43-6-204 (2), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
43-6-204. Permit violations - penalties. (2) Any person who has obtained an
annual or a single trip hazardous materials transportation permit but fails to have a
copy of said permit in the cab of the motor vehicle while transporting hazardous
materials in, to, from, or through this state commits a misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
and shall be assessed a penalty of twenty-five dollars
in accordance with the procedure set forth in section 43-6-105 (2) 42-4-1501 (3) (a)
(V).
SECTION 2.
43-6-105 (2), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
43-6-105. Enforcement.
(2) Any enforcement official shall have the authority to
issue penalty assessments for the misdemeanor traffic offenses specified in section
43-6-204 (1) and (2) and section 43-6-305 (2). At any time that a person is cited for
a violation of any of the offenses specified, the person in charge of or operating the
motor vehicle involved shall be given a notice in the form of a penalty assessment
notice. Such notice shall be tendered by the enforcement official and shall contain
the name and address of such person, the license number of the motor vehicle
involved, if any, the number of such person's driver's license, the nature of the
violation, the amount of the penalty prescribed for such violation, the date of the
notice, a place for such person to execute a signed acknowledgment of his receipt of
the penalty assessment notice, a place for such person to execute a signed Motor Vehicles and Traffic Regulation
Ch. 91
acknowledgment of guilt for the cited violation, and such other information as may
be required by law to constitute such notice as a summons and complaint to appear
in court should the prescribed penalty not be paid within twenty days. Every cited
person shall execute the signed acknowledgment of his receipt of the penalty
assessment notice. The acknowledgment of guilt shall be executed at the time the
cited person pays the prescribed penalty. The person cited shall pay the specified
penalty at the office of the department of revenue, either in person or by postmarking
such payment within twenty days after the citation. The motor vehicle division of the
department of revenue shall accept late payment of any penalty assessment up to
twenty days after such payment becomes due. If the person cited does not pay the
prescribed penalty within twenty days of the notice, the penalty assessment notice
shall constitute a summons and complaint to appear in the county court of the county
in which the penalty assessment was issued at a time and place specified by the
notice, unless payment for such penalty assessment has been accepted by the motor
vehicle division of the department of revenue as evidenced by receipt.
SECTION 3.
42-4-1501 (3) (a), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
42-4-1501. Traffic offenses and infractions classified - penalties - penalty and
surcharge schedule.
(3) (a) (V) A
NY PERSON CONVICTED OF VIOLATING SECTION
43-6-204

(2),

C.R.S.,
SHALL BE FINED TWENTY
-
FIVE DOLLARS
,
WHETHER THE
VIOLATOR ACKNOWLEDGES GUILT PURSUANT TO THE PROCEDURE SET FORTH IN
PARAGRAPH
(a)
OF SUBSECTION
(4)
OF THIS SECTION OR IS FOUND GUILTY BY A COURT
OF COMPETENT JURISDICTION
.
SECTION 4.
42-3-122 (2) (c), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-3-122. Violation of registration provisions - penalty.
(2) (c) Any person
who violates paragraph (f) of subsection (1) of this section commits a class 1
misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
. In addition to the penalties
prescribed for a violation of paragraph (f) of subsection (1) of this section, the
department shall cancel the registration of any noncommercial or recreational vehicle
which has been used to transport cargo or passengers for profit or hire or in any
business or commercial enterprise.
SECTION 5.
42-3-114 (1) (a), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-3-114. Expiration - temporary, new, and old plates - reflectorized plates.
(1) (a) Every vehicle registration under this article shall expire on the last day of the
month at the end of each twelve-month registration period and shall be renewed, upon
application by the owner, the payment of the fees required by law, and in accordance
with section 42-3-111 (2.5), not later than thirty days after the date of expiration. No
license plates other than those of the registration period to which they pertain shall
be displayed on a motor vehicle operated on the highways of Colorado. Any person
who violates any provision of this paragraph (a), commits a class 2 misdemeanor
traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 6.
42-4-402 (6), Colorado Revised Statutes, 1984 Repl. Vol., as Ch. 91
Motor Vehicles and Traffic Regulation
amended, is amended to read:
42-4-402. Width of vehicles.
(6) Any person who violates any provision of this
section commits a class 2 misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 7.
42-4-403, Colorado Revised Statutes, 1984 Repl. Vol., as amended,
is amended to read:
42-4-403. Projecting loads on passenger vehicles.
No passenger-type vehicle,
except a bicycle, shall be operated on any 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. Any
person who violates any provision of this section commits a class 2 misdemeanor
traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 8.
42-4-404 (7), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-404. Height and length of vehicles.
(7) Any person who violates any
provision of this section commits a class 2 misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 9.
42-4-404.5, Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
42-4-404.5. Longer vehicle combinations.
(5) A
NY PERSON WHO VIOLATES ANY
PROVISION OF THIS SECTION COMMITS A CLASS
B
INFRACTION
.
SECTION 10.
42-4-405 (4), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-405. Trailers and towed vehicles.
(4) Any person who violates any
provision of this section commits a class 2 misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 11.
42-4-410 (8), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-410. Who may restrict right to use highways.
(8) Any person who
violates any provision of this section commits a class 2 misdemeanor traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 12.
42-4-411 (3), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-411. Liability for damage to highway.
(3) Any person who violates any
provision of this section commits a class 2 misdemeanor traffic offense
CLASS
A
TRAFFIC INFRACTION
.
SECTION 13.
42-4-508, Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read: Motor Vehicles and Traffic Regulation
Ch. 91
42-4-508. 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. Any
person who violates any provision of this section commits a class 2 misdemeanor
traffic offense
CLASS
B
TRAFFIC INFRACTION
.
SECTION 14.
42-4-605, Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-605. 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 42-4-212 or 42-4-219, the driver of every other
vehicle shall yield the right-of-way and where possible shall immediately clear the
farthest left-hand lane lawfully 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. Any person who violates any provision of this section commits a class 2
misdemeanor traffic offense
CLASS
A
TRAFFIC INFRACTION
.
SECTION 15.
42-4-608 (6), Colorado Revised Statutes, 1984 Repl. Vol., as
amended, is amended to read:
42-4-608. Certain vehicles must stop at railroad grade crossings.
(6) Any
person who violates any provision of this section commits a class 2 misdemeanor
traffic offense
CLASS
A
TRAFFIC INFRACTION
.
SECTION 16.
42-4-