Colo. Rev. Stat. § 42-4-1402.5

Current through Chapter 38 of the 2024 Legislative Session
Section 42-4-1402.5 - Vulnerable road user - prohibition - violations and penalties - definition
(1)Definition. As used in this section, unless the context otherwise requires, "vulnerable road user" means:
(a) A pedestrian;
(b) A person engaged in work upon a roadway or upon utility facilities along a roadway;
(c) A person providing emergency services within a right-of-way;
(d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way;
(e) A person riding or leading an animal; or
(f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway:
(I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;
(II) A farm tractor or similar vehicle designed primarily for farm use;
(III) A skateboard;
(IV) Roller skates;
(V) In-line skates;
(VI) A scooter;
(VII) A moped;
(VIII) A motorcycle;
(IX) An off-highway vehicle;
(X) An animal-drawn, wheeled vehicle;
(XI) Farm equipment;
(XII) A sled;
(XIII) An electric personal assistive mobility device;
(XIV) A wheelchair;
(XV) A baby stroller;
(XVI) A nonmotorized pull wagon; or
(XVII) An autocycle.
(2)Prohibition. A person who drives a motor vehicle in violation of section 42-4-1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 42-4-1601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.
(3)Violations and penalties.
(a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor.
(b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to:
(I) Attend a driver improvement course in accordance with section 42-4-1717; and
(II) Perform useful public service for a number of hours, which must not exceed three hundred twenty hours, to be determined by the court in accordance with section 18-1.3-507.
(c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to:
(I) License suspension in accordance with section 42-2-127; and
(II) An order of restitution under part 6 of article 1.3 of title 18.

C.R.S. § 42-4-1402.5

Amended by 2022 Ch. 361, § 24, eff. 1/1/2023.
Added by 2019 Ch. 331, § 2, eff. 5/29/2019.
L. 2019: Entire section added, (SB 19-175), ch. 3070, p. 3070, § 2, effective May 29.

Section 5 of chapter 331 (SB 19-175), Session Laws of Colorado 2019, provides that the act adding this section applies to offenses committed on or after May 29, 2019.

2022 Ch. 361, was passed without a safety clause. See Colo. Const. art. V, § 1(3).