A Bill for an Act
Page 1, Line 101Concerning the use of traction devices on motor vehicles on
Page 1, Line 102highways for winter conditions.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates a permit that is issued by the department of transportation (department). The permit authorizes the holder to, for a fee, install or remove tire chains or alternate traction devices at a location designated in the permit.
The department may place conditions on the permit concerning the safe and orderly movement of traffic. The department is instructed to avoid monopoly-type situations at specific locations.
The department may charge a fee to issue a permit to an applicant. The fee must be set in an amount to offset the direct and indirect costs of issuing these permits.
The department will adopt rules to implement the bill. The rules must include:
- The procedures for issuing a permit and the qualifications to be issued a permit; and
- A requirement that the individuals installing tire chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices.
A rental car company is required to notify its car renters of the requirements of and penalties for violating the chain law.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, amend 43-2-150 as follows:
Page 2, Line 343-2-150. Roadside chain service - rules - permits - fees -
Page 2, Line 4liability - definition. (1) The department may contract with or issue
Page 2, Line 5permits to one or more entities to provide roadside assistance, by selling
Page 2, Line 6or applying chains or other equipment to commercial vehicles, necessary
Page 2, Line 7to enable compliance with section 42-4-106.
C.R.S.Page 2, Line 8authorize, by rule, permit, or contract, the entity to receive a reasonable fee for services provided.
Page 2, Line 9(2) (a) The department shall issue a permit to a qualified
Page 2, Line 10applicant. The permit authorizes its holder to install or remove
Page 2, Line 11tire chains or alternate traction devices on motor vehicles for
Page 2, Line 12a fee paid by the driver of the motor vehicle subject to the following:
Page 2, Line 13(I) The tire chains or alternate traction devices must be installed or removed at locations designated in the permit; and
Page 2, Line 14(II) Permit holders must comply with the conditions in the permit.
Page 3, Line 1(b) The department may place conditions on the permit concerning the safe and orderly movement of traffic.
Page 3, Line 2(c) The department shall issue sufficient permits for the
Page 3, Line 3installation or removal of tire chains or alternate traction
Page 3, Line 4devices that are necessary to accommodate the demand for
Page 3, Line 5those services consistent with the maximum convenience and
Page 3, Line 6safety of traffic. In issuing the permits, the department shall ensure that:
Page 3, Line 7(I) The maximum practicable number of different persons receive permits; and
Page 3, Line 8(II) No one person, to the extent practicable, is the sole permit holder for a particular location.
Page 3, Line 9(d) The department may charge a fee to issue a permit to
Page 3, Line 10an applicant. The fee must be set in an amount to offset the
Page 3, Line 11direct and indirect costs of issuing permits under this subsection
Page 3, Line 12(2). The state treasurer shall credit the fees to the highway users tax fund created in section 43-4-201.
Page 3, Line 13(e) In issuing a permit, the department assumes no
Page 3, Line 14responsibility for the actions, inactions, or competence of the
Page 3, Line 15permit holder in performing services under the permit. The
Page 3, Line 16department is not liable for damages relating to acts or omissions of the permit holder.
Page 3, Line 17(f) The department shall adopt rules to implement this section. The rules must include:
Page 3, Line 18(I) The procedures for issuing a permit and the applicant
Page 3, Line 19qualifications to be issued a permit; and
Page 4, Line 1(II) A requirement that the individuals installing tire
Page 4, Line 2chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices.
Page 4, Line 3(3) As used in this section:
Page 4, Line 4(a) "Alternate traction device" has the meaning set forth in section 42-4-106 (5)(c)(I).
Page 4, Line 5(b) "Department" means the department of transportation.
Page 4, Line 6SECTION 2. In Colorado Revised Statutes, add 6-1-208 as follows:
Page 4, Line 76-1-208. Notification of chain laws.A lessor shall notify a
Page 4, Line 8lessee of the requirements of, duties in, and the penalty for violating section 42-4-106 (5).
Page 4, Line 9SECTION 3. Act subject to petition - effective date. This act
Page 4, Line 10takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 11ninety-day period after final adjournment of the general assembly; except
Page 4, Line 12that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 4, Line 13of the state constitution against this act or an item, section, or part of this
Page 4, Line 14act within such period, then the act, item, section, or part will not take
Page 4, Line 15effect unless approved by the people at the general election to be held in
Page 4, Line 16November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.