BY REPRESENTATIVE(S) Lieder and Richardson, Bacon, Boesenecker, Brown, Hamrick, Joseph, Story, Titone, Zokaie;
also SENATOR(S) Sullivan and Liston, Ball, Exum, Jodeh, Kipp, Marchman, Wallace, Weissman.
Concerning a requirement that a commercial motor vehicle have a human present when the commercial motor vehicle is being driven by an automated driving system.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-242, amend (1) as follows:
42-4-242. Automated driving systems - safe harbor. (1) Subject to section 42-2-410, a person may use an automated driving system to drive a motor vehicle or to control a function of a motor vehicle if the system is capable of complying with every state and federal law that applies to the function that the system is operating.
SECTION 2. In Colorado Revised Statutes, add 42-2-410 as follows:
42-2-410. Automated driving systems for commercial motor vehicles. (1) A person shall not use an automated driving system on a roadway to drive a commercial motor vehicle unless an individual who holds a commercial driver's license:
(a) Is physically present in the commercial motor vehicle;
(b) Is seated in the driver's seat of the commercial motor vehicle while hazardous materials are being transported;
(c) Monitors the performance of the commercial motor vehicle while driving on the roadway; and
(d) Intervenes, if necessary, to avoid illegal or unsafe driving of the commercial motor vehicle.
(2) This section does not affect the duty of a person to comply with part 3 of article 20 of this title 42.
(3) A person who violates this section commits a class A traffic infraction and is subject to the penalties set forth in section 42-4-1701 (4)(a)(I)(A) and (4)(g).
(4) This section does not apply to light duty vehicles.
SECTION 3. In Colorado Revised Statutes, 42-4-1701, amend (4)(a)(I)(A); and add (4)(g) as follows:
42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions is fifteen dollars, and the surcharge is four dollars. These penalties and surcharges apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) of this section, is found guilty by a court of competent jurisdiction, or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections are as follows:
Section ViolatedPenaltySurcharge
(A) Driver's license violations:
42-2-101$ 35.00$ 10.00
42-2-101 (2), (3), or (5) 15.00 6.00
42-2-103 15.00 6.00
42-2-105 70.00 10.00
42-2-105.5 (4) 65.00 10.00
42-2-106 70.00 10.00
42-2-115 35.00 10.00
42-2-116 (6)(a) 30.00 6.00
42-2-119 15.00 6.00
42-2-134 35.00 10.00
42-2-136 35.00 10.00
42-2-138 100.00 15.00
42-2-139 35.00 10.00
42-2-140 35.00 10.00
42-2-141 35.00 10.00
42-2-204 70.00 10.00
42-2-404 100.00 15.00
42-2-4101,000.00150.00
(g) The penalty for a second conviction for violating section 42-2-410 is two thousand dollars, and the penalty for violating section 42-2-410 doubles for each subsequent conviction.
SECTION 4. Act subject to petition - effective date - applicability. (1) This act takes effect July 1, 2027; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect July 1, 2027, or on the date of the official declaration of the vote thereon by the governor, whichever is later.
(2) This act applies to offenses committed on or after the applicable effective date of this act.
Signed By: Julie McCluskie, Speaker of the House of Representatives
Signed By: James Rashad Coleman, Sr., President of the Senate
Signed By: Vanessa Reilly, Chief Clerk of the House of Representatives
Signed By: Esther van Mourik, Secretary of the Senate
Signed By: Jared S. Polis, Governor of the State of Colorado