A Bill for an Act
Page 1, Line 101Concerning an increase of traffic violation penalties.
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 increases the penalties for illegally overtaking a vehicle on the left in a no-passing zone and clarifies that no-passing zones are indicated by a solid yellow line or line pavement markings. The bill requires the Colorado department of transportation to prioritize installing signage on roadways with increased incidents of illegal overtaking on the left.
The bill increases the penalties for multiple speeding violations within a one-year, 2-year, or 5-year period. The bill requires that drivers who have multiple speeding violations within a one-year, 2-year, or 5-year period receive a summons and complaint upon committing their violation instead of a penalty assessment notice.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that:
Page 2, Line 4(a) Colorado has experienced a concerning rise in deadly traffic
Page 2, Line 5collisions in recent years, including multiple head-on and other fatal
Page 2, Line 6crashes on rural highways and across the state that have claimed
Page 2, Line 7numerous lives;
Page 2, Line 8(b) Official data from the Colorado department of transportation
Page 2, Line 9and Colorado state patrol indicate that speeding remains a leading factor
Page 2, Line 10in traffic fatalities, contributing to hundreds of deaths annually and
Page 2, Line 11representing a substantial proportion of all motor vehicle fatalities in the
Page 2, Line 12state;
Page 2, Line 13(c) Aggressive driving behaviors, such as illegally overtaking a
Page 2, Line 14vehicle on the left in no-passing zones, and repeated excessive speeding
Page 2, Line 15violations significantly increase the risk of serious injury and death on
Page 2, Line 16Colorado roadways and undermine efforts to protect all road users;
Page 2, Line 17(d) There is demonstrated need to clarify existing statutory
Page 2, Line 18definitions of no-passing zones, including that they are indicated by solid
Page 2, Line 19yellow line or line pavement markings, and to strengthen enforcement and
Page 2, Line 20penalties to deter these dangerous behaviors; and
Page 2, Line 21(e) Prioritizing the installation of appropriate warning and
Page 2, Line 22regulatory signage on roadways with elevated incident rates of illegal
Page 2, Line 23passing and other hazardous driving behaviors, as well as ensuring that
Page 2, Line 24drivers with multiple repeated violations face more stringent procedural
Page 3, Line 1and penalty consequences, will enhance public safety and help reduce
Page 3, Line 2preventable traffic crashes and fatalities throughout Colorado.
Page 3, Line 3SECTION 2. In Colorado Revised Statutes, 42-2-127, amend
Page 3, Line 4(5)(i) as follows:
Page 3, Line 542-2-127. Authority to suspend license - to deny license - type
Page 3, Line 6of conviction - points.
Page 3, Line 7(5) Point system schedule:
Page 3, Line 8Type of convictionPoints
Page 3, Line 9(i) Improper passing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 8Page 3, Line 10SECTION 3. In Colorado Revised Statutes, 42-4-1005, amend
Page 3, Line 11(3) and (5); and add (3.5) as follows:
Page 3, Line 1242-4-1005. Limitations on overtaking on the left.
Page 3, Line 13(3) The department of transportation and local authorities are
Page 3, Line 14authorized to determine those portions of any highway under their
Page 3, Line 15respective jurisdictions where overtaking and passing or driving on the
Page 3, Line 16left side of the roadway would be especially hazardous and may, by
Page 3, Line 17appropriate signs or the beginning and end of solid yellow line
Page 3, Line 18pavement or line pavement markings on the roadway, indicate the
Page 3, Line 19beginning and end of
such the zones. Wheresuch signs or solid yellowPage 3, Line 20line or line pavement markings are in place to define a no-passing zone
Page 3, Line 21and
such the signs or markings are clearly visible to an ordinarilyPage 3, Line 22observant person,
no a driver shall not drive on the left side of thePage 3, Line 23roadway within
such the no-passing zone or on the left side of anyPage 3, Line 24pavement striping designed to mark
such the no-passing zone throughoutPage 3, Line 25its length.
Page 3, Line 26(3.5) Within existing resources, the department of
Page 3, Line 27transportation shall prioritize installing signage on roadways
Page 4, Line 1with increased crashes resulting from incidents of illegal
Page 4, Line 2overtaking on the left in no-passing zones. Increased crashes
Page 4, Line 3resulting from incidents of illegal overtaking on the left are
Page 4, Line 4measured as an increase of crashes resulting from incidents of
Page 4, Line 5illegal overtaking on the left in no-passing zones over the
Page 4, Line 6previous year's number of crashes as reported by the statewide
Page 4, Line 7crash data listing maintained by the department of
Page 4, Line 8transportation, as required by 23 U.S.C. sec. 148 and 23 U.S.C.
Page 4, Line 9sec. 405.
Page 4, Line 10(5)
Any A person who violates any provision of this sectionPage 4, Line 11commits a class A traffic infraction. The penalty imposed pursuant to
Page 4, Line 12section 42-4-1701 (4)(a)(I)(K) for a violation of this section is
Page 4, Line 13mandatory, and the court shall not suspend any portion of the
Page 4, Line 14penalty.
Page 4, Line 15SECTION 4. In Colorado Revised Statutes, 42-4-1101, add (13)
Page 4, Line 16as follows:
Page 4, Line 1742-4-1101. Speed limits - penalties.
Page 4, Line 18(13) The department shall assess the following penalty
Page 4, Line 19for driving in excess of the reasonable and prudent speed or
Page 4, Line 20driving in excess of the maximum lawful speed of seventy-five
Page 4, Line 21miles per hour:
Page 4, Line 22(a) For a second violation in a twelve-month period: Two
Page 4, Line 23points in addition to the number of points described in section
Page 4, Line 2442-2-127 (5)(f) for the violation;
Page 4, Line 25(b) For a third or subsequent violation in a
Page 4, Line 26twenty-four-month period: Four points in addition to the number
Page 4, Line 27of points described in section 42-2-127 (5)(f) for the violation;
Page 5, Line 1and
Page 5, Line 2(c) For a fifth or subsequent violation in a five-year
Page 5, Line 3period: Eight points in addition to the number of points described
Page 5, Line 4in section 42-2-127 (5)(f) for the violation.
Page 5, Line 5SECTION 5. In Colorado Revised Statutes, 42-4-1701, amend
Page 5, Line 6(5)(c)(I) introductory portion, and (5)(c)(I)(D); and add (5)(c)(I)(E) as
Page 5, Line 7follows:
Page 5, Line 842-4-1701. Traffic offenses and infractions classified -
Page 5, Line 9penalties - penalty and surcharge schedule - repeal.
Page 5, Line 10(5) (c) (I) The penalty and surcharge schedules of subsection (4)
Page 5, Line 11of this section and the penalty assessment notice provisions of
paragraphsPage 5, Line 12
(a) and (b) of this subsection (5) shall subsections (5)(a) and (5)(b) ofPage 5, Line 13this section do not apply to violations constituting misdemeanors, petty
Page 5, Line 14offenses, or misdemeanor traffic offenses not specified in
said subsectionPage 5, Line 15(4) of this section, nor
shall do they apply to the violations constitutingPage 5, Line 16misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic
Page 5, Line 17infractions specified in
said subsection (4) of this section when it appearsPage 5, Line 18that:
Page 5, Line 19(D) The defendant has, in the course of the same transaction,
Page 5, Line 20violated one of the provisions of this title specified in the penalty and
Page 5, Line 21surcharge schedules in subsection (4) of this section and has also violated
Page 5, Line 22one or more provisions of this title not so specified, and the peace officer
Page 5, Line 23charges such defendant with two or more violations, any one of which is
Page 5, Line 24not specified in the penalty and surcharge schedules in subsection (4) of
Page 5, Line 25this section; or
Page 5, Line 26(E) The defendant is subject to the penalties set forth in
Page 5, Line 27section 42-4-1101 (13) for driving in excess of the reasonable and
Page 6, Line 1prudent speed or driving in excess of the maximum lawful speed
Page 6, Line 2of seventy-five miles per hour more than once in a twelve-month
Page 6, Line 3period, more than twice in a twenty-four-month period, or more
Page 6, Line 4than four times in a five-year period.
Page 6, Line 5SECTION 6. Act subject to petition - effective date -
Page 6, Line 6applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 6, Line 7the expiration of the ninety-day period after final adjournment of the
Page 6, Line 8general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 6, Line 92026); except that, if a referendum petition is filed pursuant to section 1
Page 6, Line 10(3) of article V of the state constitution against this act or an item, section,
Page 6, Line 11or part of this act within such period, then the act, item, section, or part
Page 6, Line 12will not take effect unless approved by the people at the general election
Page 6, Line 13to be held in November 2026 and, in such case, will take effect on the
Page 6, Line 14date of the official declaration of the vote thereon by the governor.
Page 6, Line 15(2) This act applies to traffic infractions committed on or after the
Page 6, Line 16applicable effective date of this act.