(5.7) Notwithstanding any other provision of the statutes to the contrary, if a penalty assessment for a traffic infraction is not personally served on the defendant or the defendant has not accepted the jurisdiction of the court for such penalty assessment, then the traffic infraction is a class B traffic infraction and the department has no authority to assess any points under this section upon entry of judgment for such traffic infraction.
(5.8) Notwithstanding any other provision of this section, the department may not assess any points for a violation if such assessment of points is prohibited under section 42-4-110.5 (3) .
Source: L. 94: Entire title amended with relocations, p. 2144, § 1, effective January 1, 1995. L. 95: (1)(a), (8), and (9)(a) amended, p. 1307, § 4, effective July 1. L. 96: (5)(f)(I) amended, p. 637, § 2, effective May 1; (5)(f)(I), (5)(f)(II), (5)(f)(III), and (5)(f)(IV) amended, p. 577, § 1, effective May 25; (5)(h) and (5)(l) amended and (5)(ff) added, p. 1357, § 4, effective July 1; (14)(a) amended, p. 1204, § 4, effective July 1. L. 97: (5.8) added, p. 1670, § 4, effective June 5; (5)(b)(IV) added and (9)(a) amended, p. 1465, §§ 6, 7, effective July 1; (5)(v) amended and (5.5) to (5.7) added, p. 1385, § 4, effective July 1 L. 98: (5)(b)(IV) amended, p. 174, § 4, effective April 6. L. 99: (5)(gg), (5)(hh), and (5)(ii) added, p. 1381, § 5, effective July 1; (5.6) amended, p. 368, § 4, effective August 4. L. 2000: (5)(f)(I), (5)(f)(II), (5)(f)(III), and (5)(f)(IV) amended and (5)(f)(IV.5) added, p. 683, § 3, effective July 1; (1)(a), (1)(b), (1)(c), and (2)(b) amended, p. 1355, § 27, effective July 1, 2001. L. 2001: (9)(c) and (10) amended, p. 554, § 5, effective May 23; (14)(a) amended, p. 787, § 5, effective June 1. L. 2002: (15) added, p. 1131, § 2, effective July 1. L. 2005: (5)(gg) amended and (5)(kk) added, p. 334, § 2, effective July 1; (5)(jj) added, p. 268, § 2, effective August 8; (6)(c) amended, p. 1173, § 8, effective August 8. L. 2006: (5)(c) amended, p. 173, § 6, effective July 1; (14)(a) amended, p. 1367, § 3, effective January 1, 2007. L. 2008: (1)(a), (5)(b), (6)(b), (8)(b)(I), and (9)(a) amended, p. 246, § 9, effective July 1; (9) repealed, p. 834, § 4, effective January 1, 2009. L. 2009: (1)(d) and (13) amended, (HB 09-1234), ch. 91, p. 352, § 1, effective August 5; (5)(f)(VI), (5)(f)(VII), and (5)(f)(VIII) added, (HB 09-1026), ch. 281, p. 1266, § 25, effective October 1. L. 2010: (5)(e.5) added, (SB 10-204), ch. 243, p. 1080, § 1, effective May 21. L. 2011: (1)(d), (8)(a), and (14)(a)(I)(A) amended, (HB 11-1303), ch. 264, p. 1180, § 103, effective August 10. L. 2012: (14)(a)(I)(B) amended, (HB 12-1168), ch. 278, p. 1483, § 5, effective August 8. L. 2013: (1)(a) and (6)(b) amended and (5)(b)(II) repealed, (HB 13-1325), ch. 331, p. 1881, § 8, effective May 28; (15) repealed, (HB 13-1160), ch. 373, p. 2201, § 12, effective June 5. L. 2017: IP(14)(a)(I) and (14)(a)(I)(A) amended, (SB 17-242), ch. 263, p. 1258, § 22, effective May 25; (5)(jj) amended and (5)(jj.5) added, (SB 17-027), ch. 279, p. 1524, § 2, effective June 1; (5)(mm) added, (HB 17-1162), ch. 208, p. 811, § 2, effective August 9; (5)(ll) added, (SB 17-229), ch. 278, p. 1521, § 3, effective September 1. L. 2019: (5)(e.7) added, (SB 19-175), ch. 331, p. 3070, § 1, effective May 29. L. 2020: (5)(n) amended and (5)(bb.5) added, (SB 20-061), ch. 30, p. 102, § 3, effective July 1.
Editor's note: This section is similar to former § 42-2-123 as it existed prior to 1994, and the former § 42-2-127 was relocated to § 42-2-135.
Cross references: (1) For the legislative declaration contained in the 1999 act enacting subsections (5)(gg), (5)(hh), and (5)(ii), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsection (14)(a), see section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act repealing subsection (9), see section 1 of chapter 221, Session Laws of Colorado 2008. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(2) For the short title ("Move Over for Cody Act") in SB 17-229, see section 1 of chapter 278, Session Laws of Colorado 2017.
Structure Colorado Code
Title 42 - Vehicles and Traffic
§ 42-2-101. Licenses for Drivers Required - Penalty - Definition
§ 42-2-102. Persons Exempt From License
§ 42-2-103. Motorcycles - Low-Power Scooters - Driver's License Required
§ 42-2-104. Licenses Issued - Denied
§ 42-2-105. Special Restrictions on Certain Drivers
§ 42-2-106. Instruction Permits and Temporary Licenses
§ 42-2-108. Application of Minors - Rules
§ 42-2-109. Release From Liability
§ 42-2-110. Revocation Upon Death of Signer for Minor
§ 42-2-111. Examination of Applicants and Drivers - When Required
§ 42-2-112. Medical Advice - Use by Department - Provider Immunity
§ 42-2-113. License Examiners Appointed
§ 42-2-114.5. Licensing Services Cash Fund - Fee Setting Procedures - Rules
§ 42-2-115. License, Permit, or Identification Card to Be Exhibited on Demand - Penalty
§ 42-2-116. Restricted License
§ 42-2-117. Duplicate Permits and Minor Licenses - Replacement Licenses
§ 42-2-118.1. Driver Restoration and Payment Incentive Program
§ 42-2-119. Notices - Change of Address or Name
§ 42-2-120. Methods of Service
§ 42-2-121. Records to Be Kept by Department - Admission of Records in Court
§ 42-2-123. Suspending Privileges of Nonresidents and Reporting Convictions
§ 42-2-124. When Court to Report Convictions
§ 42-2-125. Mandatory Revocation of License and Permit
§ 42-2-126. Revocation of License Based on Administrative Determination
§ 42-2-126.5. Revocation of License Based on Administrative Actions Taken Under Tribal Law - Repeal
§ 42-2-127. Authority to Suspend License - to Deny License - Type of Conviction - Points
§ 42-2-127.5. Authority to Suspend License - Violation of Child Support Order
§ 42-2-127.6. Authority to Suspend License - Providing Alcohol to an Underage Person
§ 42-2-127.7. Authority to Suspend Driver's License - Uninsured Motorists - Legislative Declaration
§ 42-2-127.9. Authority to Suspend Driver's License - Leaving the Scene of an Accident
§ 42-2-128. Vehicular Homicide - Revocation of License
§ 42-2-130. Mandatory Surrender of License or Permit for Drug Convictions. (repealed.)
§ 42-2-132. Period of Suspension or Revocation
§ 42-2-132.5. Mandatory and Voluntary Restricted Licenses Following Alcohol Convictions - Rules
§ 42-2-133. Surrender and Return of License
§ 42-2-134. Foreign License Invalid During Suspension
§ 42-2-136. Unlawful Possession or Use of License
§ 42-2-137. False Affidavit - Penalty
§ 42-2-138. Driving Under Restraint - Penalty - Definitions
§ 42-2-139. Permitting Unauthorized Minor to Drive
§ 42-2-140. Permitting Unauthorized Person to Drive
§ 42-2-141. Renting or Loaning a Motor Vehicle to Another
§ 42-2-142. Violation - Penalty