§ 42-4-1409 — Compulsory insurance - penalty - legislative intent

Colorado § 42-4-1409

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Regulation of Vehicles and Traffic

Text

(1) No
owner of a motor vehicle or low-power scooter required to be registered in this
state shall operate the vehicle or permit it to be operated on the public highways of
this state when the owner has failed to have a complying policy or certificate of
self-insurance in full force and effect as required by law.

(2) No person shall operate a motor vehicle or low-power scooter on the
public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.

(3) (a) When an accident occurs, or when requested to do so following any
lawful traffic contact or during any traffic investigation by a peace officer, an
owner or operator of a motor vehicle or low-power scooter shall present to the
requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.

(b) As used in this section, evidence of a complying policy or certificate of
self-insurance in full force and effect includes the presentation of such a policy or
certificate upon a cell phone or other electronic device.

(4) (a) Any person who violates the provisions of subsection (1), (2), or (3) of
this section commits a class 1 misdemeanor traffic offense. The minimum fine
imposed by section 42-4-1701 (3)(a)(II)(A) shall be mandatory, and the defendant
shall be punished by a minimum mandatory fine of not less than five hundred
dollars. The court may suspend up to one half of the fine upon a showing that
appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S.,
has been obtained. Nothing in this paragraph (a) shall be construed to prevent the
court from imposing a fine greater than the minimum mandatory fine.

(b) Upon a second or subsequent conviction under this section within a
period of five years following a prior conviction under this section, in addition to any
imprisonment imposed pursuant to section 42-4-1701 (3)(a)(II)(A), the defendant
shall be punished by a minimum mandatory fine of not less than one thousand
dollars, and the court shall not suspend such minimum fine. The court or the court
collections' investigator may establish a payment schedule for a person convicted
of the provisions of subsection (1), (2), or (3) of this section, and the provisions of
section 16-11-101.6, C.R.S., shall apply. The court may suspend up to one half of the
fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained.

(c) In addition to the penalties prescribed in paragraphs (a) and (b) of this
subsection (4), any person convicted pursuant to this section may, at the discretion
of the court, be sentenced to perform not less than forty hours of community
service, subject to the provisions of section 18-1.3-507, C.R.S.

(5) Testimony of the failure of any owner or operator of a motor vehicle or
low-power scooter to present immediate evidence of a complying policy or
certificate of self-insurance in full force and effect as required by law, when
requested to do so by a peace officer, shall constitute prima facie evidence, at a
trial concerning a violation charged under subsection (1) or (2) of this section, that
such owner or operator of a motor vehicle violated subsection (1) or (2) of this
section.

(6) A person charged with violating subsection (1), (2), or (3) of this section
shall not be convicted if the person produces in court a bona fide complying policy
or certificate of self-insurance that was in full force and effect as required by law
at the time of the alleged violation. The court clerk's office may dismiss the charge
if it verifies that the person had a valid policy in effect at the time of the alleged
violation using the uninsured motorist identification database created in section 42-7-602.

(7) Repealed.

(8) (Deleted by amendment, L. 2003, p. 2648, � 7, effective July 1, 2003.)

(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone
or other electronic device to present evidence of a complying policy or certificate of
self-insurance in full force and effect, as described in paragraph (b) of subsection
(3) of this section:

(a) The law enforcement officer to whom the operator presents the device
shall not explore the contents of the cell phone or other electronic device other
than to examine the operator's policy or certificate of self-insurance; and

(b) The law enforcement officer to whom the operator presents the device
and any law enforcement agency that employs the officer are immune from any
civil damages resulting from the officer dropping or otherwise unintentionally
damaging the cell phone or other electronic device.

(9) It is the intent of the general assembly that the money collected as fines
imposed pursuant to subsections (4)(a) and (4)(b) of this section are to be used for
the supervision of the public highways. The general assembly determines that law
enforcement agencies that patrol and maintain the public safety on public
highways are supervising the public highways. The general assembly further
determines that an authorized agent is supervising the public highways through his
or her enforcement of the requirements for demonstration of proof of motor vehicle
insurance pursuant to section 42-3-105 (1)(d). Therefore, of the money collected
from fines pursuant to subsections (4)(a) and (4)(b) of this section, fifty percent
shall be transferred to the law enforcement agency that issued the ticket for a
violation of this section. The remaining fifty percent of the money collected from
fines for violations of subsection (4)(a) or (4)(b) of this section shall be transmitted
to the authorized agent for the county in which the violation occurred.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2394, � 1, effective January 1, 1995. L. 95: (4)(c) amended, p. 315, � 4, effective July 1. L. 97: (8) added by revision, p. 1452, � 8. L. 2001: (8) amended, p. 525, � 12, effective May 22. L. 2002: (4)(c) amended, p. 1562, � 369, effective October 1. L. 2003: (4)(a) and (4)(b) amended, p. 1885, � 2, effective May 22; (1), (2), (3), (4)(a), (4)(b), (5), and (6) amended, p. 1575, � 16, effective July 1; (1), (2), (3), (4), (5), (6), and (8) amended, p. 2648, � 7, effective July 1. L. 2004: (4)(a) and (4)(b) amended and (9) added, p. 793, � 3, effective January 1, 2005. L. 2005: (7) amended, p. 1177, � 18, effective August 8. L. 2006: (9) amended, p. 1512, � 76, effective June 1. L. 2009: (1), (2), (3), (5), and (7) amended, (HB 09-1026), ch. 281, p. 1280, � 60, effective July 1, 2010. L. 2013: (3) amended and (8.5) added, (HB 13-1159), ch. 101, p. 321, � 1, effective August 7; (6) amended, (HB 13-1022), ch. 139, p. 453, � 1, effective August 7. L. 2014: (7) repealed, (SB 14-131), ch. 388, p. 1943, � 3, effective July 1. L. 2017: (9) amended, (HB 17-1107), ch. 101, p. 372, � 22, effective August 9.