Section 42-4-238 - Blue and red lights - illegal use or possession(1) A person shall not be in actual physical control of a vehicle, except an authorized emergency vehicle as defined in section 42-1-102(6), that the person knows contains a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible directly in front of the center of the vehicle.(2) It shall be an affirmative defense that the defendant was: (a) A peace officer as described in section 16-2.5-101, C.R.S.; or(b) In actual physical control of a vehicle expressly authorized by a chief of police or sheriff to contain a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible from directly in front of the center of the vehicle; or(c) A member of a volunteer fire department or a volunteer ambulance service who possesses a permit from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves to operate a vehicle pursuant to section 42-4-222(1)(b); or(d) A vendor who exhibits, sells, or offers for sale a lamp or device designed to display, or that is capable of displaying, if affixed or attached to the vehicle, a red or blue light; or(e) A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle to which the red or blue lamps were affixed is valued for the vehicle's historical interest or as a collector's item.(3) A violation of this section is a class 2 misdemeanor.Amended by 2021 Ch. 462,§724, eff. 3/1/2022.L. 2004: Entire section added, p. 1080, § 2, effective July 1. L. 2005: (2)(e) added, p. 195, § 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 3304, p. 3304, § 724, effective March 1, 2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For penalties for class 2 misdemeanors, see §18-3-501.