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Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
SENATE BILL 09-148
BY SENATOR(S) Brophy, Gibbs, Bacon, Boyd, Harvey, Heath, Kopp,
Newell, Schwartz, Shaffer B., Tapia, Romer, Williams;
also REPRESENTATIVE(S) Merrifield, Carroll T., Kerr A., Marostica,
McNulty, Balmer, Court, Fischer, Frangas, Priola, Scanlan, Schafer S.,
Vigil, Gerou, Pace, Pommer, Rice.
CONCERNING REVISIONS TO THE RULES GOVERNING THE SAFE INTERACTION
OF BICYCLES WITH OTHER VEHICLES ON ROADWAYS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 42-4-1002, Colorado Revised Statutes, is amended to
read:
42-4-1002. Passing oncoming vehicles.
(1) 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.
(2) A DRIVER SHALL NOT PASS A BICYCLIST MOVING IN THE SAME
DIRECTION AND IN THE SAME LANE WHEN THERE IS ONCOMING TRAFFIC
UNLESS THE DRIVER CAN SIMULTANEOUSLY:
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
PAGE 2-SENATE BILL 09-148
(a) ALLOW ONCOMING VEHICLES AT LEAST ONE-HALF OF THE
MAIN-TRAVELED PORTION OF THE ROADWAY IN ACCORDANCE WITH
SUBSECTION
(1) OF THIS SECTION; AND
(b) ALLOW THE BICYCLIST AT LEAST A THREE-FOOT SEPARATION
BETWEEN THE RIGHT SIDE OF THE DRIVER'S VEHICLE, INCLUDING ALL
MIRRORS OR OTHER PROJECTIONS, AND THE LEFT SIDE OF THE BICYCLIST AT
ALL TIMES.
(3) Any person who violates any provision of this section commits
a class A traffic infraction.
SECTION 2. 42-4-1003
(1), Colorado Revised Statutes, is amended
to read:
42-4-1003. 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 42-4-1004 to 42-4-1008:
(a) The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof OF THE VEHICLE at a safe
distance and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle.
(b) THE DRIVER OF A MOTOR VEHICLE OVERTAKING A BICYCLIST
PROCEEDING IN THE SAME DIRECTION SHALL ALLOW THE BICYCLIST AT LEAST
A THREE-FOOT SEPARATION BETWEEN THE RIGHT SIDE OF THE DRIVER'S
VEHICLE, INCLUDING ALL MIRRORS OR OTHER PROJECTIONS, AND THE LEFT
SIDE OF THE BICYCLIST AT ALL TIMES.
(b) (c) 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.
SECTION 3. 42-4-1004, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
PAGE 3-SENATE BILL 09-148
42-4-1004. When overtaking on the right is permitted.
(1.5) THE DRIVER OF A MOTOR VEHICLE UPON A ONE-WAY ROADWAY WITH TWO OR
MORE MARKED TRAFFIC LANES, WHEN OVERTAKING A BICYCLIST
PROCEEDING IN THE SAME DIRECTION AND RIDING ON THE LEFT-HAND SIDE
OF THE ROAD, SHALL ALLOW THE BICYCLIST AT LEAST A THREE-FOOT
SEPARATION BETWEEN THE LEFT SIDE OF THE DRIVER'S VEHICLE, INCLUDING
ALL MIRRORS OR OTHER PROJECTIONS, AND THE RIGHT SIDE OF THE
BICYCLIST AT ALL TIMES.
SECTION 4. 42-4-1005
(4), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
42-4-1005. Limitations on overtaking on the left.
(4) The
provisions of this section shall not apply:
(d) TO THE DRIVER OF A VEHICLE PASSING A BICYCLIST MOVING THE
SAME DIRECTION AND IN THE SAME LANE WHEN SUCH MOVEMENT CAN BE
MADE IN SAFETY AND WITHOUT INTERFERING WITH, IMPEDING, OR
ENDANGERING OTHER TRAFFIC LAWFULLY USING THE HIGHWAY.
SECTION 5.
Part 10 of article 4 of title 42, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
42-4-1008.5. Crowding or threatening bicyclist.
(1) THE DRIVER
OF A MOTOR VEHICLE SHALL NOT, IN A CARELESS AND IMPRUDENT MANNER,
DRIVE THE VEHICLE UNNECESSARILY CLOSE TO, TOWARD, OR NEAR A
BICYCLIST.
(2) ANY PERSON WHO VIOLATES SUBSECTION
(1) OF THIS SECTION
COMMITS CARELESS DRIVING AS DESCRIBED IN SECTION 42-4-1402.
SECTION 6. 42-4-1412 (5) and (6), Colorado Revised Statutes, are
REPEALED AND REENACTED, WITH AMENDMENTS, to read:
42-4-1412. Operation of bicycles and other human-powered
vehicles.
(5) (a) ANY PERSON OPERATING A BICYCLE UPON A ROADWAY AT
LESS THAN THE NORMAL SPEED OF TRAFFIC SHALL RIDE IN THE RIGHT-HAND
LANE, SUBJECT TO THE FOLLOWING CONDITIONS:
(I) IF THE RIGHT-HAND LANE THEN AVAILABLE FOR TRAFFIC IS WIDE
PAGE 4-SENATE BILL 09-148
ENOUGH TO BE SAFELY SHARED WITH OVERTAKING VEHICLES, A BICYCLIST
SHALL RIDE FAR ENOUGH TO THE RIGHT AS JUDGED SAFE BY THE BICYCLIST
TO FACILITATE THE MOVEMENT OF SUCH OVERTAKING VEHICLES UNLESS
OTHER CONDITIONS MAKE IT UNSAFE TO DO SO.
(II) A BICYCLIST MAY USE A LANE OTHER THAN THE RIGHT-HAND
LANE WHEN:
(A) PREPARING FOR A LEFT TURN AT AN INTERSECTION OR INTO A
PRIVATE ROADWAY OR DRIVEWAY;
(B) OVERTAKING A SLOWER VEHICLE; OR
(C) TAKING REASONABLY NECESSARY PRECAUTIONS TO AVOID
HAZARDS OR ROAD CONDITIONS.
(III) UPON APPROACHING AN INTERSECTION WHERE RIGHT TURNS
ARE PERMITTED AND THERE IS A DEDICATED RIGHT-TURN LANE, A BICYCLIST
MAY RIDE ON THE LEFT-HAND PORTION OF THE DEDICATED RIGHT-TURN LANE
EVEN IF THE BICYCLIST DOES NOT INTEND TO TURN RIGHT.
(b) A BICYCLIST SHALL NOT BE EXPECTED OR REQUIRED TO:
(I) RIDE OVER OR THROUGH HAZARDS AT THE EDGE OF A ROADWAY,
INCLUDING BUT NOT LIMITED TO FIXED OR MOVING OBJECTS, PARKED OR
MOVING VEHICLES, BICYCLES, PEDESTRIANS, ANIMALS, SURFACE HAZARDS,
OR NARROW LANES; OR
(II) RIDE WITHOUT A REASONABLE SAFETY MARGIN ON THE
RIGHT-HAND SIDE OF THE ROADWAY.
(c) A PERSON OPERATING A BICYCLE UPON A ONE-WAY ROADWAY
WITH TWO OR MORE MARKED TRAFFIC LANES MAY RIDE AS NEAR TO THE
LEFT-HAND CURB OR EDGE OF SUCH ROADWAY AS JUDGED SAFE BY THE
BICYCLIST, SUBJECT TO THE FOLLOWING CONDITIONS:
(I) IF THE LEFT-HAND LANE THEN AVAILABLE FOR TRAFFIC IS WIDE
ENOUGH TO BE SAFELY SHARED WITH OVERTAKING VEHICLES, A BICYCLIST
SHALL RIDE FAR ENOUGH TO THE LEFT AS JUDGED SAFE BY THE BICYCLIST TO
FACILITATE THE MOVEMENT OF SUCH OVERTAKING VEHICLES UNLESS OTHER
PAGE 5-SENATE BILL 09-148
CONDITIONS MAKE IT UNSAFE TO DO SO.
(II) A BICYCLIST SHALL NOT BE EXPECTED OR REQUIRED TO:
(A) RIDE OVER OR THROUGH HAZARDS AT THE EDGE OF A ROADWAY,
INCLUDING BUT NOT LIMITED TO FIXED OR MOVING OBJECTS, PARKED OR
MOVING VEHICLES, BICYCLES, PEDESTRIANS, ANIMALS, SURFACE HAZARDS,
OR NARROW LANES; OR
(B) RIDE WITHOUT A REASONABLE SAFETY MARGIN ON THE
LEFT-HAND SIDE OF THE ROADWAY.
(6) (a) PERSONS RIDING BICYCLES UPON A ROADWAY SHALL NOT RIDE
MORE THAN TWO ABREAST EXCEPT ON PATHS OR PARTS OF ROADWAYS SET
ASIDE FOR THE EXCLUSIVE USE OF BICYCLES.
(b) PERSONS RIDING BICYCLES TWO ABREAST SHALL NOT IMPEDE THE
NORMAL AND REASONABLE MOVEMENT OF TRAFFIC AND, ON A LANED
ROADWAY, SHALL RIDE WITHIN A SINGLE LANE.
SECTION 7. 18-9-116, Colorado Revised Statutes, is amended to
read:
18-9-116. Throwing missiles at vehicles - harassment of
bicyclists.
(1) Any person who knowingly projects any missile at or
against any vehicle or equipment designed for the transportation of persons
or property, OTHER THAN A BICYCLE, commits a class 1 petty offense.
(2) ANY PERSON WHO KNOWINGLY PROJECTS ANY MISSILE AT OR
AGAINST A BICYCLIST COMMITS A CLASS 2 MISDEMEANOR.
(3) AS USED IN THIS SECTION, "MISSILE" MEANS ANY OBJECT OR
SUBSTANCE.
SECTION 8. Act subject to petition - effective date -
applicability.
(1) This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninety-day period after final adjournment of
the general assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1
(3) of the state constitution, (August 5, 2009,
if adjournment sine die is on May 6, 2009); except that, if a referendum
PAGE 6-SENATE BILL 09-148
petition is filed against this act or an item, section, or part of this act within
such period, then the act, item, section, or part, if approved by the people,
shall take effect on the date of the official declaration of the vote thereon by
proclamation of the governor.
(2) The provisions of this act shall apply to offenses committed on
or after the applicable effective date of this act.
____________________________ ____________________________
Brandon C. Shaffer Terrance D. Carroll
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Karen Goldman Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO
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