(VIII) [ Editor's note: This version of the introductory portion to subsection (4)(a)(VIII) is effective March 1, 2022. ] A person who violates section 42-3-204 (7)(f)(II) or section 42-4-1208 (3)(a), (3)(a.5), or (4) commits a class A traffic infraction and, upon conviction, shall be punished by a surcharge of thirty-two dollars under sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), and:
(IX) [ Editor's note: This version of subsection (4)(a)(IX) is effective March 1, 2022. ] A person who violates section 42-4-1208 (3) by parking a vehicle owned by a commercial carrier commits a class A traffic infraction.
(B) A person who willfully receives remuneration for violating section 42-4-1208 (5) is guilty of a class 1 misdemeanor and, upon conviction, shall be punished by twice the civil and criminal penalties that would be imposed under section 18-1.3-501, C.R.S.
(X) [ Editor's note: This version of subsection (4)(a)(X) is effective March 1, 2022. ] (A) A person who violates section 42-4-1208 (5) commits a class A traffic infraction.
(B) A person who willfully receives remuneration for violating section 42-4-1208 (5) commits a class A traffic infraction.
(4) (a) (I) [ Editor's note: This version of subsection (4)(a)(I) is effective March 1, 2022. ] Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions is fifteen dollars, and the surcharge is four dollars. These penalties and surcharges apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) of this section, is found guilty by a court of competent jurisdiction, or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections are as follows:
Class Minimum Maximum Penalty Penalty A $15 penalty $100 penalty B $15 penalty $100 penalty
Class Minimum Maximum Sentence Sentence 1 Ten days imprisonment, One year imprisonment, or $300 fine, or both or $1,000 fine, or both 2 Ten days imprisonment, Ninety days imprisonment, or $150 fine, or both or $300 fine, or both
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Source: L. 94: Entire title amended with relocations, p. 2406, § 1, effective January 1, 1995; (3)(a)(I), (4)(a)(I), and (4)(a)(IV)(A) amended, p. 683, § 1, effective January 1, 1995. L. 95: (1), (4)(a)(I)(A), (4)(a)(I)(D), and (4)(a)(I)(M) amended, p. 958, § 18, effective May 25. L. 96: (4)(a)(I)(F) amended, p. 278, § 2, effective April 11; (4)(a)(I)(F) amended, p. 385, § 2, effective April 17; (4)(a)(I)(I) amended, p. 565, § 30, effective April 24; (5)(a) and (6) amended, p. 638, § 4, effective May 1; (4)(a)(I)(L), (5)(c)(I)(A), and (5)(c)(I)(B) amended, p. 580, § 4, effective May 25; (4)(a)(I)(D) amended, p. 959, § 6, effective July 1; (4)(a)(I)(K) amended, p. 1358, § 6, effective July 1. L. 97: (4)(a)(I)(N) amended, p. 1468, § 14, effective July 1; (4)(c) added, p. 1386, § 6, effective July 1; (4)(a)(I)(G) amended, p. 498, § 3, effective August 6; (4)(a)(I)(B) amended, p. 1074, § 6, effective January 1, 1998. L. 98: (4)(a)(I)(B) amended, p. 1019, § 4, effective May 27; (4)(d) added, p. 589, § 2, effective July 1; (4)(a)(I)(K) amended, p. 1206, § 2, effective August 5. L. 99: (4)(a)(I)(N) amended, p. 666, § 3, effective May 18; (4)(a)(I)(A) amended, p. 1381, § 6, effective July 1; (4)(a)(I)(M) amended, p. 712, § 4, effective July 1; (4)(a)(I)(B) amended, p. 631, § 48, effective August 4; (5)(a) amended, p. 368, § 5, effective August 4. L. 2000: (5)(a), (5)(b), and (6) amended, p. 1643, § 31, effective June 1; (4)(a)(I)(D) amended, p. 1100, § 2, effective August 2; (3)(a)(II)(B) amended, p. 1051, § 22, effective September 1. L. 2002: IP(3)(a)(II)(A) amended, p. 1923, § 21, effective July 1; (4)(a)(VI) added, p. 631, § 3, effective July 1; (3)(a)(II)(B) amended, p. 1562, § 370, effective October 1; (4)(e) added, p. 1610, § 5, effective January 1, 2004. L. 2003: (4)(a)(I), (4)(a)(II), and (4)(a)(III)(A) amended, p. 1545, § 8, effective May 1. L. 2004: (4)(a)(I)(N) amended, p. 241, § 2, effective July 1; (5)(a) amended and (5)(b.5) added, p. 1331, § 2, effective July 1, 2005. L. 2005: (4)(a)(VI)(B) repealed, p. 1004, § 3, effective June 2; (4)(a)(I)(N) amended, p. 1188, § 2, effective July 1; (4)(a)(I)(B), (4)(a)(IV), and (5)(c)(II) amended, p. 1177, § 19, effective August 8; (4)(a)(I)(D) amended, p. 268, § 3, effective August 8; (4)(c) amended, p. 1221, § 3, effective August 8. L. 2006: (4)(a)(I)(G) amended, p. 1712, § 2, effective June 6; (4)(a)(I)(A) amended, p. 439, § 4, effective July 1; (4)(a)(I)(N) amended and (4)(a)(VII) added, p. 1064, § 4, effective July 1; (4)(a)(I)(A) amended, p. 1370 § 10, effective January 1, 2007. L. 2007: (4)(a)(I), (4)(a)(II), (4)(a)(III)(A), (4)(a)(IV)(A), and (6) amended, p. 1114, § 5, effective July 1; (4)(a)(I)(C) and (4)(a)(I)(O) amended and (4)(e)(III) added, pp. 1481, 1482, §§ 3, 4, effective July 1; (4)(a)(I)(F) amended, p. 1333, § 3, effective August 3. L. 2008: IP(4)(a)(III) and (4)(a)(III)(A) amended and (4)(a)(III)(D) added, p. 2094, § 3, effective June 3; (4)(c) amended, p. 2079, § 3, effective June 3; (3)(a)(II)(A) amended, p. 252, § 20, effective July 1; (3)(a)(II)(A), (4)(a)(I)(A), (4)(a)(I)(C), (4)(a)(I)(D) and (4)(a)(I)(G) to (4)(a)(I)(O) amended, p. 2087, § 5, effective July 1. L. 2009: (8) added, (SB 09-241), ch. 295, p. 1579, § 6, effective July 1; (4)(e) amended, (SB 09-133), ch. 392, p. 2120, § 3, effective August 5; (4)(a)(I)(L) amended, (HB 09-1026), ch. 281, p. 1283, § 64, effective October 1; (4)(a)(I)(P) amended, (HB 09-1094), ch. 375, p. 2045, § 2, effective December 1; (4)(f) added, (HB 09-1119), ch. 397, p. 2146, § 4, effective January 1, 2010. L. 2010: (4)(f) amended, (SB 10-175), ch. 188, p. 809, § 88, effective April 29; (4)(a)(II) amended, (HB 10-1285), ch. 423, p. 2188, § 3, effective July 1; (4)(d.5) added, (HB 10-1238), ch. 393, p. 1869, § 3, effective September 1; (3)(a)(I), (3)(a)(II)(A), IP(4)(a)(I), and (4)(a)(I)(M) amended, (HB 10-1019), ch. 400, pp. 1931, 1930, §§ 8, 5, effective January 1, 2011. L. 2011: (3)(a)(II)(A) amended, (HB 11-1268), ch. 267, p. 1220, § 4, effective June 2; IP(3)(a)(II)(A) amended, (HB 11-1303), ch. 264, p. 1183, § 113, effective August 10. L. 2012: (4)(a)(I)(N) amended, (SB 12-044), ch. 274, p. 1447, § 2, effective June 8. L. 2014: (4)(a)(I)(N) amended, (HB 14-1363), ch. 302, p. 1276, § 48, effective May 31; IP(4)(a)(I) and (4)(a)(I)(M) amended and (4)(a)(VIII), (4)(a)(IX), and (4)(a)(X) added, (HB 14-1029), ch. 252, p. 1005, § 5, effective July 1; IP(4)(a)(I) and (4)(a)(I)(F) amended, (HB 14-1021), ch. 188, p. 703, § 2, effective August 6. L. 2015: (4)(a)(I)(N) and (4)(f)(I) amended, (HB 15-1043), ch. 262, p. 997, § 7, effective August 5; (4)(a)(X)(B) amended, (SB 15-264), ch. 259, p. 969, § 96, effective August 5. L. 2016: (4)(a)(II)(A) and (4)(a)(III)(A) amended, (SB 16-030), ch. 298, p. 1210, § 1, effective August 10. L. 2017: IP(4)(a)(I), (4)(a)(I)(N), and (4)(f)(III) amended, (SB 17-294), ch. 264, p. 1415, § 112, effective May 25; IP(4)(a)(I) and (4)(a)(I)(P) amended, (SB 17-027), ch. 279, p. 1524, § 3, effective June 1; IP(4)(a)(I) and (4)(a)(I)(N) amended, (SB 17-278), ch. 323, p. 1743, § 2, effective June 5; (4)(e) amended, (SB 17-234), ch. 154, p. 525, § 20, effective August 9. L. 2018: IP(4)(a)(VIII) amended, (HB 18-1285), ch. 265, p. 1630, § 5, effective January 1, 2019. L. 2019: (4)(a)(I)(M) amended, (HB 19-1298), ch. 384, p. 3440, § 4, effective August 2; (4)(e) amended, (HB 19-1147), ch. 178, p. 2034, § 16, effective August 2. L. 2020: (4)(a)(I)(H) amended, (SB 20-061), ch. 30, p. 102, § 4, effective July 1. L. 2021: (4)(a)(I), IP(4)(a)(VIII), (4)(a)(IX), and (4)(a)(X) amended, (SB 21-271), ch. 462, p. 3309, §§ 736, 735, effective March 1, 2022.
Cross references: (1) For community or useful public service for persons convicted of misdemeanors, see § 18-1.3-507; for community service for juvenile offenders, see § 19-2-308; for useful public service for persons convicted of alcohol- or drug-related traffic offenses, see §§ 42-4-1301 and 42-4-1301.4; for surcharges levied on criminal actions and traffic offenses, see § 24-4.2-104.
(2) For the legislative declaration contained in the 1999 act amending subsection (4)(a)(I)(A), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2002 act amending subsection (3)(a)(II)(B), see section 1 of chapter 318, Session Laws of Colorado 2002.
(3) In 2005, subsection (4)(c) was amended by the "Lopez-Forrester Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 276, Session Laws of Colorado 2005.
(4) For the short title ("Charles Mather Highway Safety Act") in HB 08-1036, see section 1 of chapter 412, Session Laws of Colorado 2008. For the short title ("The Chris Hinds Act") in HB 18-1285, see section 1 of chapter 265, Session Laws of Colorado 2018.
Structure Colorado Code
Title 42 - Vehicles and Traffic
Article 4 - Regulation of Vehicles and Traffic
Part 17 - Penalties and Procedure
§ 42-4-1702. Alcohol- or Drug-Related Traffic Offenses - Collateral Attack
§ 42-4-1703. Parties to a Crime
§ 42-4-1704. Offenses by Persons Controlling Vehicles
§ 42-4-1705. Person Arrested to Be Taken Before the Proper Court
§ 42-4-1706. Juveniles - Convicted - Arrested and Incarcerated - Provisions for Confinement
§ 42-4-1711. Compliance With Promise to Appear
§ 42-4-1712. Procedure Prescribed Not Exclusive
§ 42-4-1713. Conviction Record Inadmissible in Civil Action
§ 42-4-1714. Traffic Violation Not to Affect Credibility of Witness
§ 42-4-1715. Convictions, Judgments, and Charges Recorded - Public Inspection
§ 42-4-1716. Notice to Appear or Pay Fine - Failure to Appear - Penalty - Definition - Repeal
§ 42-4-1717. Conviction - Attendance at Driver Improvement School - Rules
§ 42-4-1718. Electronic Transmission of Data - Standards
§ 42-4-1719. Violations - Commercial Driver's License - Compliance With Federal Regulation