House Bill 25-1039 Introduced

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(3) (a)  Any A person who that violates subsection (1) of this

• Page 3, Line 13section commits a class B traffic infraction.

• Page 3, Line 14(b) (I)  Any A person who that violates subsection (1.5) of this

• Page 3, Line 15section shall, upon conviction, be punished by a fine of five hundred one

• Page 3, Line 16thousand dollars. Fifty percent of any fine for a violation of subsection

• Page 3, Line 17(1.5) of this section occurring within the corporate limits of a city or

• Page 3, Line 18town, or within the unincorporated area of a county, shall be transmitted

• Page 3, Line 19to the treasurer or chief financial officer of said the city, town, or county,

• Page 3, Line 20and the remaining fifty percent shall be transmitted to the state treasurer,

• Page 3, Line 21credited to the highway users tax fund, and allocated and expended as

• Page 3, Line 22specified in section 43-4-205 (5.5)(a). C.R.S. A court shall not impose

• Page 3, Line 23the fine if the owner or operator provides the documentation

• Page 3, Line 24described in subsection (1.5)(c) of this section demonstrating

• Page 3, Line 25that a muffler was in place prior to the citation. A court shall

• Page 3, Line 26reduce the fine by fifty percent if the owner or operator of the

• Page 3, Line 27commercial vehicle provides proof that an appropriate muffler

• Page 4, Line 1was installed within thirty days after the citation was issued.

• Page 4, Line 2(II)  The department shall not register a commercial

• Page 4, Line 3vehicle that was not in compliance with subsection (1.5) of this

• Page 4, Line 4section if the owner or operator has been convicted of violating

• Page 4, Line 5subsection (1.5) of this section in the prior twelve months with

• Page 4, Line 6respect to the commercial vehicle unless the owner or operator

• Page 4, Line 7has presented proof, acceptable to the department, that the

• Page 4, Line 8commercial vehicle complies with this section.

• Page 4, Line 9SECTION 2.  In Colorado Revised Statutes, add 24-93-111 as

• Page 4, Line 10follows:

• Page 4, Line 1124-93-111.  Muffler requirements.An agency shall include

• Page 4, Line 12language in every construction contract stating that each

• Page 4, Line 13contractor's or subcontractor's commercial vehicle that

• Page 4, Line 14enters the site of a public project must comply with section

• Page 4, Line 1542-4-225.

• Page 4, Line 16SECTION 3.  Act subject to petition - effective date -

• Page 4, Line 17applicability. (1)  This act takes effect at 12:01 a.m. on the day following

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

• Page 4, Line 19general assembly; except that, if a referendum petition is filed pursuant

• Page 4, Line 20to section 1 (3) of article V of the state constitution against this act or an

• Page 4, Line 21item, section, or part of this act within such period, then the act, item,

• Page 4, Line 22section, or part will not take effect unless approved by the people at the

• Page 4, Line 23general election to be held in November 2026 and, in such case, will take

• Page 4, Line 24effect on the date of the official declaration of the vote thereon by the

• Page 4, Line 25governor.

• Page 4, Line 26(2)  This act applies to offenses committed on or after the

• Page 4, Line 27applicable effective date of this act.