HB 1286

HOUSEBILL26-128~  ~  - ;_o
BY REPRESENTA~  ,Lieder and Richardson, Bacon, Barron,
Brown, Camacho, ~arter,-Clifford, Duran, Feret, Flanell, Froelich, Garcia,
Garcia Sander, Goldstein, Hamrick, Hartsook, Jackson, Joseph, Lukens,
Mabrey, Martinez, Mauro, Nguyen, Paschal, Ricks, Rutinel, Rydin, Slaugh,
Smith, Soper, Titone, Velasco, Willford, Winter T., Woodrow, Woog,
Zokaie, Espenoza, Lindsay, Phillips, Sirota, Story;
also SENATOR(S) Kolker and Liston, Danielson, Exum, Kipp, Marchman,
Mullica, Sullivan, Coleman.
CONCERNING A REQUIREMENT THAT A COMMERCIAL MOTOR VEHICLE HA VE
     A HUMAN PRESENT WHEN THE COMMERCIAL MOTOR VEHICLE IS BEING
     DRIVEN BY AN AUTOMATED DRIVING SYSTEM, AND, IN CONNECTION
     THEREWITH, MAKING AN APPROPRIATION.
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
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
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 - exceptions - definitions - repeal.
       (1) A PERSON SHALL NOT USE AN AUTOMATED DRIVING SYSTEM ON
A HIGHWAY TO DRIVE A COMMERCIAL MOTOR VEHICLE THAT HAS A
MANUFACTURER'S GROSS VEHICLE WEIGHT RATING OR GROSS COMBINATION
WEIGHT RA TING OF TWENTY-SIX THOUSAND ONE POUNDS OR MORE UNLESS
AN INDIVIDUAL WHO HOLDS THE APPROPRIATE COMMERCIAL DRIVER'S
LICENSE WITH ANY REQUIRED ENDORSEMENT FOR THE COMMERCIAL
VEHICLE:
      (a) Is PHYS ICALL y PRESENT IN THE CAB OF THE COMMERCIAL MOTOR
VEHICLE AND PREPARED TO INTERVENE, IF NECESSARY, TO AVOID ILLEGAL
OR UNSAFE DRIVING OF THE COMMERCIAL MOTOR VEHICLE;
      (b) Is SEATED IN THE DRIVER'S SEAT OF THE COMMERCIAL MOTOR
VEHICLE IF 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 THAT VIOLATES THIS SECTION COMMITS A CLASS A
TRAFFIC INFRACTION AND IS SUBJECT TO:
      (a) A PENALTY OF ONE THOUSAND DOLLARS AND A SURCHARGE OF
ONE HUNDRED FIFTY DOLLARS FOR A FIRST CONVICTION;
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       (b) A PENALTY OF TWO THOUSAND DOLLARS AND A SURCHARGE OF
ONE HUNDRED FIFTY DOLLARS FOR A SECOND CONVICTION; OR
       (c) (I) A SURCHARGE OF ONE HUNDRED FIFTY DOLLARS; AND
       (II)   A PENALTY THAT DOUBLES THE PENALTY DESCRIBED IN
SUBSECTION (3)(b) OF THIS SECTION FOR EACH SUBSEQUENT CONVICTION
AFTER THE SECOND CONVICTION.
       ( 4) THIS SECTION DOES NOT APPLY TO A LIGHT-DUTY VEHICLE OR A
TRUCK-MOUNTED ATTENUATOR.
       (5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "COMMERCIAL MOTOR VEHICLE" HAS THE SAME MEANING AS
"COMMERCIAL VEHICLE" AS SET FORTH IN SECTION 42-4-235 (l)(a).
       (b) "TRUCK-MOUNTED ATTENUATOR" MEANSAHEAVY-DUTYTRUCK
FITTED WITH AN ENERGY-ABSORBING CRASH DEVICE THAT ACTS AS A MOBILE
BARRIER TO BE THE FIRST POINT OF CONTACT IN A REAR-END COLLISION AND
THAT IS USED TO PROTECT PERSONNEL IN A HIGHWAY CONSTRUCTION OR
MAINTENANCE ZONE.
       ( 6) (a) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2031.
       (b) THE CHIEF OF THE COLORADO STATE PATROL SHALL ANALYZE
THIS SECTION'S EFFECTS ON COMMERCIAL VEHICLE SAFETY ON HIGHWAYS.
BYNOVEMBER 1,2030, THECHIEFOFTHECOLORADOSTATEPATROLSHALL,
BASED ON THE REVIEW, ISSUE A REPORT TO THE HOUSE OF REPRESENTATIVES
TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE AND THE
SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES. THE REPORT MUST MAKE RECOMMENDATIONS AS WHETHER TO
CONTINUE THIS SECTION, AND, IF THE RECOMMENDATION IS TO CONTINUE
THIS SECTION, ANY RECOMMENDED LEGISLATION TO IMPROVE THIS SECTION.
       SECTION 3. Appropriation. ( 1) For the 2026-27 state fiscal year,
$14,357 is appropriated to the department of revenue. This appropriation is
from the Colorado DRIVES vehicle services account in the highway users
tax fund created in section 42-1-211 (2), C.R.S. To implement this act, the
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department may use this appropriation as follows:
      (a) $10,400 for DRIVES maintenance and support;
       (b) $984 for use by the division of motor vehicles for personal
services related to driver services;
       (c) $1,353 for use by the executive director's office for personal
services related to administration and support; and
      (d) $1,620 for payments to OIT.
       SECTION 4. Applicability. This act applies to offenses committed
on or after the effective date of this act.
      SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
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preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
J ~  es Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                  Jared S. Polis •.
                  GOVERNOR OF THE ST
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