Senate Bill 25-069 Rerevised

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, 42-4-106, amend (5)(a)(I)(B) as follows:

• Page 2, Line 342-4-106.  Who may restrict right to use highways - definitions

• Page 2, Line 4- rules. (5) (a) (I) (B)  When icy or snow-packed conditions exist on the

• Page 2, Line 5highway, the department of transportation may restrict travel on or use of

• Page 2, Line 6any portion of a state highway by any a motor vehicle unless the motor

• Page 2, Line 7vehicle is equipped with the following: Tire chains or an alternate traction

• Page 2, Line 8device; four-wheel drive with tires that have a tread depth of at least three

• Page 2, Line 9sixteenths of an inch and that are adequate for the conditions imprinted

• Page 2, Line 10by a manufacturer with a mountain-snowflake, "M&S", "M+S",

• Page 2, Line 11or "M/S" symbol or that are all-weather rated by the

• Page 2, Line 12manufacturer; or all-wheel drive with tires that have a tread depth of

• Page 2, Line 13at least three sixteenths of an inch and that are adequate for the

• Page 2, Line 14conditions; or tires that are imprinted by a manufacturer with a

• Page 2, Line 15mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are

• Page 2, Line 16all-weather rated by the manufacturer. and that have a tread depth of at

• Page 2, Line 17least three sixteenths of an inch.

• Page 3, Line 1SECTION 2.  In Colorado Revised Statutes, amend 43-2-150 as follows:

• Page 3, Line 243-2-150.  Roadside chain service - rules - permits - fees -

• Page 3, Line 3liability - definition. (1)  The department may contract with or issue

• Page 3, Line 4permits to one or more entities to provide roadside assistance, by selling

• Page 3, Line 5or applying chains or other equipment to commercial vehicles, necessary

• Page 3, Line 6to enable compliance with section 42-4-106. C.R.S. The department may

• Page 3, Line 7authorize, by rule, permit, or contract, the entity to receive a reasonable fee for services provided.

• Page 3, Line 8(2) (a)  The department shall issue a permit to a qualified

• Page 3, Line 9applicant. The permit authorizes its holder to install or remove

• Page 3, Line 10tire chains or alternate traction devices on motor vehicles for

• Page 3, Line 11a fee paid by the driver of the motor vehicle subject to the following:

• Page 3, Line 12(I)  The tire chains or alternate traction devices must be installed or removed at locations designated in the permit;

• Page 3, Line 13(II)  Permit holders must comply with the conditions in the permit; and

• Page 3, Line 14(III)  A permit must not designate locations within a

• Page 3, Line 15municipality without the approval of the municipality unless the

• Page 3, Line 16location is a designated chain station or is within an interstate highway.

• Page 3, Line 17(b)  The department may place conditions on the permit concerning the safe and orderly movement of traffic.

• Page 3, Line 18(c)  The department shall issue sufficient permits for the

• Page 3, Line 19installation or removal of tire chains or alternate traction

• Page 3, Line 20devices that are necessary to accommodate the demand for

• Page 4, Line 1those services consistent with the maximum convenience and

• Page 4, Line 2safety of traffic. In issuing the permits, the department shall ensure that:

• Page 4, Line 3(I)  The maximum practicable number of different persons receive permits; and

• Page 4, Line 4(II)  No one person, to the extent practicable, is the sole permit holder for a particular location.

• Page 4, Line 5(d)  The department may charge a fee to issue a permit to

• Page 4, Line 6an applicant. The fee must be set in an amount to offset the

• Page 4, Line 7direct and indirect costs of issuing permits under this subsection

• Page 4, Line 8(2). The state treasurer shall credit the fees to the highway users tax fund created in section 43-4-201.

• Page 4, Line 9(e)  In issuing a permit, the department assumes no

• Page 4, Line 10responsibility for the actions, inactions, or competence of the

• Page 4, Line 11permit holder in performing services under the permit. The

• Page 4, Line 12department is not liable for damages relating to acts or omissions of the permit holder.

• Page 4, Line 13(f)  The department shall adopt rules to implement this section. The rules must include:

• Page 4, Line 14(I)  The procedures for issuing a permit and the applicant qualifications to be issued a permit;

• Page 4, Line 15(II)  The procedures for revoking a permit; and

• Page 4, Line 16(III)  A requirement that the individuals installing tire

• Page 4, Line 17chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices.

• Page 4, Line 18(3)  As used in this section:

• Page 4, Line 19(a)  "Alternate traction device" has the meaning set forth in section 42-4-106 (5)(c)(I).

• Page 5, Line 1(b)  "Department" means the department of transportation.

• Page 5, Line 2SECTION 3.  In Colorado Revised Statutes, add 6-1-208 as follows:

• Page 5, Line 36-1-208.  Notification of chain laws.During September 1

• Page 5, Line 4through May 31 of each year, a lessor shall notify, at the time

• Page 5, Line 5of rental, a lessee of the requirements of, duties in, and the

• Page 5, Line 6penalty for violating section 42-4-106 (5) and whether the

• Page 5, Line 7rental motor vehicle complies with section 42-4-106 (5). The

• Page 5, Line 8notification must be made in a clear and conspicuous manner

• Page 5, Line 9orally, upon the lessor's electronic platform, or by a sign within the lessor's business.

• Page 5, Line 10SECTION 4.  Act subject to petition - effective date. This act

• Page 5, Line 11takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 12ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 14of the state constitution against this act or an item, section, or part of this

• Page 5, Line 15act within such period, then the act, item, section, or part will not take

• Page 5, Line 16effect unless approved by the people at the general election to be held in

• Page 5, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.