House Bill 25-1039 Revised

A Bill for an Act

• Page 1, Line 101Concerning muffler requirements for commercial vehicles.

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.)

Current law requires a commercial vehicle to have a muffler if the commercial vehicle is equipped with an engine brake. The bill requires all commercial vehicles to have a muffler. The muffler must be located so that it may be visually inspected to ensure it is present, intact, and functioning properly; except that a muffler need not be visible for inspection if certain documentation is present in the commercial vehicle and available for inspection by a peace officer. Standards are set for the necessary documentation. The fine for a violation is increased from $500 to $1,000, and the commercial vehicle may not be registered for one year unless the owner or operator shows compliance. The fine is not imposed if the owner or operator can show that a muffler was installed before the citation was issued and that the muffler complied with the manufacturing noise standards for the model year of the commercial vehicle. The fine is decreased by 50% if a muffler is installed within 30 days after the citation is written.

State agencies must include language in construction contracts stating that a contractor's or subcontractor's commercial vehicle that enters a public project site is required to comply with the bill.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 42-4-225, amend

• Page 2, Line 3(1.5) and (3) as follows:

• Page 2, Line 442-4-225.  Mufflers - prevention of noise - penalty - definition.

• Page 2, Line 5(1.5) (a)  As used in this subsection (1.5), "commercial vehicle" has

• Page 2, Line 6the meaning set forth in section 42-4-235 (1)(a).

• Page 2, Line 7(b)  Any A person shall not operate a commercial vehicle as

• Page 2, Line 8defined in section 42-4-235 (1)(a), subject to registration and operated on

• Page 2, Line 9a highway, that is equipped with an engine compression brake device is

• Page 2, Line 10required to have without a muffler. The muffler must be located on

• Page 2, Line 11the commercial vehicle in a manner that allows the muffler to

• Page 2, Line 12be visually inspected to ensure it is present, intact, and

• Page 2, Line 13functioning properly unless subsection (1.5)(c) of this section

• Page 2, Line 14applies.

• Page 2, Line 15(c)  The commercial vehicle need not have a muffler that

• Page 2, Line 16is visible for inspection as required in subsection (1.5)(b) of this

• Page 2, Line 17section if the following documentation is within the vehicle and

• Page 2, Line 18available for inspection by a peace officer:

• Page 2, Line 19(I)  Evidence that the commercial vehicle has had a

• Page 2, Line 20muffler installed that, when installed, complied with the

• Page 3, Line 1manufacturing noise standards for the model year of that

• Page 3, Line 2vehicle as adopted by the federal environmental protection

• Page 3, Line 3agency;

• Page 3, Line 4(II)  The vehicle identification number of the commercial

• Page 3, Line 5vehicle on which the muffler was installed; and

• Page 3, Line 6(III)  Documentation that contains the following for the

• Page 3, Line 7muffler described in subsection (1.5)(c)(I) of this section:

• Page 3, Line 8(A)  The date of purchase;

• Page 3, Line 9(B)  The make and model; and

• Page 3, Line 10(C)  The name of the business that sold and installed the

• Page 3, Line 11muffler.

• Page 3, Line 12(d)  This subsection (1.5):

• Page 3, Line 13(I)  Applies only to a commercial vehicle that is powered

• Page 3, Line 14by an internal combustion engine; and

• Page 3, Line 15(II)  Does not apply to a farm vehicle.

• Page 3, Line 16(3) (a)  Any A person who that violates subsection (1) of this

• Page 3, Line 17section commits a class B traffic infraction.

• Page 3, Line 18(b)   Any A person who that violates subsection (1.5) of this

• Page 3, Line 19section shall, upon conviction, be punished by a fine of five hundred one

• Page 3, Line 20thousand dollars. Fifty percent of any fine for a violation of subsection

• Page 3, Line 21(1.5) of this section occurring within the corporate limits of a city or

• Page 3, Line 22town, or within the unincorporated area of a county, shall be transmitted

• Page 3, Line 23to the treasurer or chief financial officer of said the city, town, or county,

• Page 3, Line 24and the remaining fifty percent shall be transmitted to the state treasurer,

• Page 3, Line 25credited to the highway users tax fund, and allocated and expended as

• Page 3, Line 26specified in section 43-4-205 (5.5)(a). C.R.S. A court shall not impose

• Page 3, Line 27the fine if the owner or operator provides the documentation

• Page 4, Line 1described in subsection (1.5)(c) of this section demonstrating

• Page 4, Line 2that a muffler was in place prior to the citation. A court shall

• Page 4, Line 3reduce the fine by fifty percent if the owner or operator of the

• Page 4, Line 4commercial vehicle provides proof that an appropriate muffler

• Page 4, Line 5was installed within thirty days after the citation was issued.

• Page 4, Line 7SECTION 2.  In Colorado Revised Statutes, add 24-93-111 as

• Page 4, Line 8follows:

• Page 4, Line 924-93-111.  Muffler requirements.An agency shall include

• Page 4, Line 10language in every construction contract stating that each

• Page 4, Line 11contractor's or subcontractor's commercial vehicle that

• Page 4, Line 12enters the site of a public project must comply with section

• Page 4, Line 1342-4-225.

• Page 4, Line 14SECTION 3.  Act subject to petition - effective date -

• Page 4, Line 15applicability. (1)  This act takes effect July 1, 2027; except that, if a

• Page 4, Line 16referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 4, Line 17state constitution against this act or an item, section, or part of this act

• Page 4, Line 18within the ninety-day period after final adjournment of the general

• Page 4, Line 19assembly, then the act, item, section, or part will not take effect unless

• Page 4, Line 20approved by the people at the general election to be held in November

• Page 4, Line 212026 and, in such case, will take effect July 1, 2027, or on the date of the

• Page 4, Line 22official declaration of the vote thereon by the governor, whichever is

• Page 4, Line 23later.

• Page 4, Line 24(2)  This act applies to offenses committed on or after the

• Page 4, Line 25applicable effective date of this act.