Highway Safety

C.R.S. tit. 43, art. 5
in effect

C.R.S. § 43-5-201 Definitions

43-5-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Auto camp" means any auto or tourist camp, park or campsite, tourist court, auto court, auto hotel, or trailer coach court owned, operated, controlled, or leased by any person, firm, association, or corporation for the purpose of renting, leasing, or otherwise providing parking sites or spaces for any motor vehicle, trailer, semitrailer, or trailer coach, irrespective of the number of parking sites or spaces provided. The term does not include mobile home parks with respect to spaces rented for the parking and hooking up of trailer coaches or mobile homes for use as residences. (2) "Hotel" or "hotel facility" means an establishment engaged in the business of furnishing overnight room accommodations primarily for transient persons and which maintains or makes available, as a part of its services to its patrons, facilities for the parking or storage of motor vehicles. (3) "Motor vehicle" includes all motor vehicles propelled by power other than muscular power, except road rollers, fire wagons, fire engines, police patrol wagons, police ambulances, and such vehicles as run only upon rails or tracks or travel through the air. (4) "Owner" includes any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof under a lease or otherwise for a period greater than thirty days.

C.R.S. § 43-5-203 Required records

43-5-203. Required records. (1) It is the duty of every person, firm, association, or corporation owning, operating, controlling, or leasing an auto camp or hotel to keep and maintain in the auto camp or hotel an easily accessible and permanent daily record of all automobiles stored, kept, parked, or maintained in said auto camp and all automobiles of patrons of such hotel which are parked in facilities maintained or made available exclusively for such patrons by such hotel. The record shall be kept in a book or on cards, consecutively numbered, in a uniform manner approved by the Colorado state patrol. The record shall include the name and address of the owner of the automobile stored, parked, kept, or maintained in said auto camp or hotel facility, together with the make, body style, and year of said automobile and the license number, if any. All such records shall be preserved for a period of three years. (2) Repealed.

C.R.S. § 43-5-204 Record open for inspection by officers

43-5-204. Record open for inspection by officers. The books and records of every auto camp and hotel shall be open for inspection to members of the Colorado state patrol and all peace officers of the state.

C.R.S. § 43-5-205 Allowing stolen motor vehicle to be stored - penalty

43-5-205. Allowing stolen motor vehicle to be stored - penalty. Any person who knowingly allows or permits any stolen motor vehicle to be stored, kept, parked, or maintained in any licensed auto camp or hotel facility within the state of Colorado commits a civil infraction. This provision shall not be exclusive of any other penalties prescribed by any existing or future laws for the theft or unauthorized taking of a motor vehicle.

C.R.S. § 43-5-207 Penalty

43-5-207. Penalty. Any person violating any of the provisions of this part 2, except as set forth in section 43-5-205, commits a civil infraction.

C.R.S. § 43-5-208 Effective date - applicability

43-5-208. Effective date - applicability. (Repealed)

C.R.S. § 43-5-301 Obstructing highway - penalty

43-5-301. Obstructing highway - penalty. No person or corporation shall erect any fence, house, or other structure or dig pits or holes in or upon any highway, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever. No person or corporation shall tear down, burn, or otherwise damage any bridge of any highway, or cause wastewater or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending commits a civil infraction and shall also be liable to any person, unit of government, or corporation in a civil action for any damages resulting therefrom.

C.R.S. § 43-5-302 Not to dam stream - penalty

43-5-302. Not to dam stream - penalty. No person or corporation shall dam the waters of any stream so as to cause the same to overflow any road or damage or weaken the abutments, walls, or embankments of any bridge of any highway. Any person or corporation violating any of the provisions of this section shall forfeit the sum of fifty dollars to the county and shall be liable to any person or corporation in a civil action for any damages resulting therefrom.

C.R.S. § 43-5-303 Overflowing highways - penalty

43-5-303. Overflowing highways - penalty. A person or corporation shall not repeatedly, willfully, or negligently cause or allow water to flow, fall, or sprinkle from any ditch, lateral, canal, waste ditch, reservoir, pond, drain, flume, or agricultural crop sprinkler system upon any public road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending commits a civil infraction. Each day that water is so allowed to flow upon any public road or highway shall be deemed a separate offense. Agricultural crop sprinkler systems upon which generally accepted devices are installed or preventive practices are carried out and when due diligence has been exercised to prevent the end gun from discharging water upon the highway shall not be deemed to be in violation of this section, nor shall acts of God, including but not limited to wind, be deemed a violation of this section.

C.R.S. § 43-5-304 Jurisdiction

43-5-304. Jurisdiction. The county court of the county wherein any of the offenses described in sections 43-5-301 and 43-5-303 may be committed shall have jurisdiction of complaints coming within the provisions of sections 43-5-301 and 43-5-303.

C.R.S. § 43-5-305 Owners construct culverts - penalty

43-5-305. Owners construct culverts - penalty. (1) Any person or corporation owning or constructing any ditch, race, drain, or flume in, upon, or across any highway shall keep the highway open for safe and convenient travel by constructing culverts, bridges, or similar structures over such ditch, race, drain, or flume. When any ditch is constructed across, in, or upon any highway, the person owning or constructing such ditch shall construct a culvert, bridge, or similar structure long enough to conduct the water from shoulder to shoulder from such road or highway or of such greater length as the board of county commissioners having jurisdiction thereover may require, plans for said culvert, bridge, or similar structure having been approved in advance by said board of county commissioners. The board of county commissioners shall maintain said culvert, bridge, or similar structure after construction, in accordance with the provisions of section 37-84-106, C.R.S. (2) Any person or corporation who fails to construct a culvert, bridge, or similar structure across any ditch, race, drain, or flume, within a time limit to be specified by the board of county commissioners when the plans therefor are approved by said board as provided in subsection (1) of this section, shall forfeit the sum of twenty-five dollars to the county for each day of failure to construct such bridge, culvert, or similar structure together with the cost of construction thereof. Proceeds from such penalty shall be paid into the road fund of the district. It is the duty of the road supervisor of the district to construct such culvert, bridge, or similar structure if the owner of such ditch, race, drain, or flume fails to comply.

C.R.S. § 43-5-306 Transporting heavy machines

43-5-306. Transporting heavy machines. It is the duty of all persons, associations, and corporations operating threshing machines or vehicles or using the public roads for transporting such machines or other heavy machinery to use a sufficient number of heavy planks, wherever necessary, to protect all sidewalks, bridges, culverts, and causeways from being broken by said threshing machines or other heavy machinery in passing over the same.

C.R.S. § 43-5-307 Injury to highway - penalty

43-5-307. Injury to highway - penalty. If any person, association, or corporation purposely destroys or injures any sidewalk, bridge, culvert, or causeway, or removes any of the timber or plank thereof, or obstructs the same, he shall forfeit a sum of not less than one hundred dollars nor more than three hundred dollars and shall be liable for all damages occasioned thereby and for all necessary cost for rebuilding or repairing the same. All forfeitures and sums of money recovered under this section and section 43-5-306 shall be turned into the county road fund.

C.R.S. § 43-5-308 Flagpersons - definition - penalty

43-5-308. Flagpersons - definition - penalty. (1) (a) A person shall not fail or refuse to obey the visible instructions, signals, or direction displayed or given by a flagperson. A person who violates this subsection (1)(a) commits a class A traffic infraction. (b) If a driver fails to comply with the flagperson's instructions, the flagperson or any other person with information as to the identity of the driver or the license plate number of the driver's vehicle may, and if practicable shall, promptly relay the information to the appropriate law enforcement agency. (2) (a) Only a trained person may provide temporary traffic control or direction within any highway, road, or street maintenance or construction work area as a flagperson. (b) The department shall authorize public and private entities to conduct flagperson certification training and shall develop and provide, at cost, examination and training materials that authorized entities must use in conducting flagperson certification. (c) While directing traffic, a flagperson shall wear high-visibility garments and display an official hand signal device prescribed in the state traffic control manual adopted by the department pursuant to section 42-4-104, C.R.S., or its supplement. (d) A flagperson shall abide by the Colorado manual of uniform traffic control devices and shall not use any device that might distract the flagperson's vision, hearing, or attention while directing traffic. (3) As used in this section, "flagperson" means a person: (a) Eighteen years of age or older; (b) Trained by an entity authorized by the department; (c) Employed by the department, a department contractor, a political subdivision of the state, or a contractor of a political subdivision; and (d) Acting in his or her official capacity while performing work within a temporary traffic control zone. (4) This section does not apply to law enforcement personnel while performing official law enforcement duties.

C.R.S. § 43-5-401 Duties and responsibility of governor

43-5-401. Duties and responsibility of governor. The governor is hereby designated as the official of the state of Colorado having the ultimate responsibility for dealing with the federal government with respect to programs and activities pursuant to the federal "Highway Safety Act of 1966", and subsequent amendments thereto. To that end, he shall coordinate the activities of all departments and agencies of this state and its political subdivisions relating thereto.

C.R.S. § 43-5-501 Definitions

43-5-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Board" means the motorcycle operator safety advisory board created in section 43-5-505. (1.5) "Chief" means the chief of the state patrol, created in section 24-33.5-201. (2) "Fund" means the motorcycle operator safety training fund created in section 43-5-504. (3) "Instructor training specialist" means a licensed motorcycle operator who meets the standards promulgated by the office to train and oversee instructors for the program. (3.5) "MOST" or "program" means the motorcycle operator safety training program created by this part 5. (3.6) "MOST vendor" means a person that offers a motorcycle operator safety training program that meets standards promulgated by the department of transportation. (4) "Office" means the office of the chief of the state patrol in the department of public safety. (5) Repealed. (6) "Program coordinator" means a person designated by the chief to ensure compliance with program rules, program operation, and motorcycle safety coordination.

C.R.S. § 43-5-502 Motorcycle operator safety training program - rules

43-5-502. Motorcycle operator safety training program - rules. (1) (a) (I) The office shall establish a motorcycle operator safety training program that promotes motorcycle safety awareness and supports courses to teach students to safely operate a motorcycle and train instructors. To be eligible under the program, a course must include instruction on the effects of alcohol and drugs on the operation of motorcycles. The office shall set standards for the certification of courses in the program, ensure that program training follows these standards, and ensure that courses are offered safely, consistent with best practices. The office shall contract with MOST vendors for the purpose of providing the program. (I.5) To qualify under the program, a basic training course provided by a MOST vendor must teach the requirements for issuing a driver's license motorcycle endorsement. (II) The following individuals may enroll in a certified motorcycle operator safety training course: (A) A resident of the state who holds a valid Colorado driver's license, minor driver's license, or instruction permit authorized by section 42-2-106, C.R.S.; (B) A member of the armed forces who has moved to Colorado on a permanent change-of-station basis and who holds a valid driver's license issued by another state; and (C) An adult who holds a valid driver's license from another state and who is eligible for a motorcycle license in the same state. (III) (Deleted by amendment, L. 2013.) (b) The office shall promulgate rules establishing standards for MOST vendors to provide training services. The office shall promulgate rules establishing a system to record program performance data, including information on motorcycle accidents, injuries, and fatalities among persons who have completed the program. (c) The chief shall designate a program coordinator to implement and administer the program. The program coordinator may certify instructor training specialists who meet the applicable standards. The department of public safety shall establish standards for recertification training and monitoring of MOST instructors. (d) The office shall adopt such rules as are necessary to carry out the program pursuant to article 4 of title 24, C.R.S. (e) The office shall not expend more than fifteen percent of the total cost of the program for administrative costs. (2) (Deleted by amendment, L. 2013.)

C.R.S. § 43-5-502.5 Transfer of functions - transitional provisions - repeal

43-5-502.5. Transfer of functions - transitional provisions - repeal. (Repealed)

C.R.S. § 43-5-503 MOST instructor requirements and training

43-5-503. MOST instructor requirements and training. (1) The office shall establish standards for an approved MOST instructor training course. To successfully complete the course, a student must demonstrate knowledge of course material, knowledge of safe motorcycle operating practices, and the necessary aptitude for instructing students. (2) To be eligible, each applicant for an instructor certificate must: (a) Be at least twenty-one years of age; and (b) Hold a valid driver's license that: (I) Authorizes the holder to drive a motorcycle; and (II) Has not been revoked within or suspended within the three years before the date the application is filed. (3) No applicant shall be certified as a MOST instructor if, within the three years before the date the application is filed: (a) The applicant was convicted for an offense that is assigned eight or more points in the schedule, as specified in section 42-2-127 (5), C.R.S., or its equivalent in another state; or (b) The applicant's driver's license from any other state was revoked or suspended. (4) The office shall prescribe the form for an approved MOST instructor certificate and shall provide for verification that a certified MOST instructor is currently active in the program. To be eligible for the program, a MOST instructor must have a current certificate.

C.R.S. § 43-5-504 Motorcycle operator safety training fund

43-5-504. Motorcycle operator safety training fund. (1) The motorcycle operator safety training fund is hereby created in the state treasury. The fund consists of money collected under sections 42-2-114 (2)(d), 42-2-118 (1)(b)(II), and 42-3-304 (4). The money in the fund is available immediately, without further appropriation, for allocation by the chief to the office to be used for the implementation and administration of the program. Money credited to the fund remains in the fund at the end of each fiscal year and is not transferred to any other fund. (2) The chief, the program coordinator, or a MOST vendor shall not expend or credit moneys for MOST vendor operating expenses or reimburse motorcycles, helmets, textbooks, and other capital expenses incurred by MOST vendors, excluding the travel costs of mobile training. (3) The chief or his or her designee may accept, on behalf of and in the name of the state, gifts, donations, and grants for any purpose connected with the program. Any property so given shall be held by the state treasurer, but the chief or his or her designee may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was made.

C.R.S. § 43-5-505 Advisory board

43-5-505. Advisory board. (1) The motorcycle operator safety advisory board is hereby created. The board consists of: (a) The director of the Colorado department of transportation or his or her designee; (b) The executive director of the department of revenue or the executive director's designee; (c) The chief of the Colorado state patrol or the chief's designee; and (d) Nine members appointed by the chief of the Colorado state patrol: (I) Two members who represent MOST vendors; (II) One member who represents retail motorcycle dealers; (III) One member who represents third-party testers; (IV) Two members who represent instructor training specialists; (V) One member who represents the motorcycle riding community; (VI) Repealed. (VII) One member who represents law enforcement agencies; and (VIII) One member who represents motorcycle insurance providers. (2) The board shall meet to: (a) Recommend training methods to increase safety and reduce motorcycle crashes and injuries; (b) Recommend training methods to increase program effectiveness; (c) Recommend improvements to the program and training; and (d) Make recommendations on expenditures of fund moneys. (3) Each board member appointed under paragraph (d) of subsection (1) of this section serves a two-year term; except that, of the board members appointed initially, one-half serve for a one-year term and the remaining members serve a two-year term. (4) The board shall elect from among the board members listed in paragraphs (a) to (c) of subsection (1) of this section a chair and vice-chair, both of whom serve two-year terms. The chair presides over all board meetings. The vice-chair presides in the absence of the chair. (5) The board shall develop a vision and mission consistent with the program. (6) The board shall meet at least quarterly.

C.R.S. § 43-5-506 Report

43-5-506. Report. Notwithstanding section 24-1-136 (11)(a)(I), no later than September 1 of each year, the department of public safety shall report to the legislative audit committee and the house and senate transportation committees, or their successor committees. The report must comment on the effectiveness of the program, annual motorcycle accidents or fatalities, availability of training throughout the state, historic and current training costs, and other performance measures.

C.R.S. § 43-5-507 Repeal of part

43-5-507. Repeal of part. This part 5 is repealed, effective September 1, 2025. Before the repeal, this part 5 is scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-43.docxFetched: 10/6/2026

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