(1)
Local authorities with respect to highways under their jurisdiction may by ordinance
or resolution prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such highway, for
a total period of not to exceed ninety days in any one calendar year, whenever any
said highway by reason of deterioration, rain, snow, or other climatic conditions will
be seriously damaged or destroyed unless the use of vehicles thereon is prohibited
or the permissible weights thereof reduced.
(2) The local authority enacting any such ordinance or resolution shall erect
or cause to be erected and maintained signs designating the permissible weights.
(3) Local authorities, with respect to highways under their jurisdiction, may
also, by ordinance or resolution:
(a) Prohibit the operation of trucks or commercial vehicles on designated
highways;
(b) Impose limitations as to the weight of trucks or commercial vehicles if the
limitations are designated by appropriate signs placed on the highway;
(c) Prohibit the operation of motor or off-highway vehicles upon a roughed-in
road when necessary for the protection and safety of the public; or
(d) (I) When snow-packed conditions exist on a highway or for a continuous
seasonal period designated by the local authority when snow-packed conditions
are, as determined by the local authority, likely to exist on a highway, designate all
or a portion of a highway for over-snow use only, which the local jurisdiction may
further limit to travel by human-powered or animal-powered means, or both.
(II) As used in this subsection (3)(d), over-snow use means travel on top of
snow by human-powered or animal-powered means or by an off-highway vehicle
that is primarily designed or altered for use over snow and runs without tires on a
continuous belt track or on one or more skis while in use over snow.
(III) Nothing in this subsection (3)(d) affects or limits the provisions of section
33-14-110 governing the operation of snowmobiles on any county road, city street,
or highway.
(IV) When wheeled winter access is requested along a highway, nothing in
this subsection (3)(d) prohibits a local authority from entering into private winter
maintenance agreements and such requests shall be considered.
(4) The department of transportation shall likewise have authority as
granted in this section to local authorities to determine by resolution and to impose
restrictions as to the weight of vehicles operated upon any highway under the
jurisdiction of said department, and such restrictions shall be effective when signs
giving notice thereof are erected upon the highways or portion of any highway
affected by such resolution.
(4.5) (a) The department of transportation has authority to close any portion
of a state highway to public travel.
(b) (I) A person who operates a motor vehicle or vehicle combination over
thirty-five feet in length on state highway 82 between mile markers 47 and 72 in
violation of a closure under paragraph (a) of this subsection (4.5) is subject to an
enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).
(II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation
of a closure under paragraph (a) of this subsection (4.5), where the result of the
violation is an incident that causes the closure of a travel lane in one or both
directions, is subject to an enhanced penalty as set forth in section 42-4-1701
(4)(a)(I)(F).
(c) Repealed.
(5) (a) (I) (A) The department of transportation may close any portion of a
state highway for public use during dangerous driving conditions, during
construction or maintenance operations, or when necessary for the protection and
safety of the public.
(B) When icy or snow-packed conditions exist on the highway, the
department of transportation may restrict travel on or use of any portion of a state
highway by a motor vehicle unless the motor vehicle is equipped with the following:
Tire chains or an alternate traction device; four-wheel drive with tires that have a
tread depth of at least three sixteenths of an inch and that are imprinted by a
manufacturer with a mountain-snowflake, M&S, M+S, or M/S symbol or that
are all-weather rated by the manufacturer; or all-wheel drive with tires that have a
tread depth of at least three sixteenths of an inch and that are imprinted by a
manufacturer with a mountain-snowflake, M&S, M+S, or M/S symbol or that
are all-weather rated by the manufacturer.
(C) A closure or restriction under this subsection (5) is effective when signs,
including temporary or electronic signs, that notify the public of the closure or
restriction are erected upon the highway, and the restriction in subsection
(5)(a)(I)(B) of this section is effective on any portion of the following corridors
located on the western slope from September 1 through May 31 of each year during
any conditions that exist on the highway for any commercial vehicle with a declared
gross vehicle weight rating of sixteen thousand one pounds or more: Interstate 70
west of milepost 259 (Morrison), Colorado state highway 9 from milepost 63 to
milepost 97 (Frisco to Fairplay), U.S. route 40 west of milepost 256 (Empire), U.S.
route 50 west of milepost 225 (Salida), U.S. route 160 west of milepost 304
(Walsenburg), U.S. route 285 west of milepost 250 (Morrison), and all of U.S. route
550 from milepost 0 to 130. It is unlawful to proceed when a state highway is closed
or to proceed when a restriction is in effect without the equipment required by this
subsection (5).
(C.5) A closure or restriction under this subsection (5) is effective on any
motor vehicle when signs, including temporary or electronic signs, that notify the
public of the closure or restriction are erected upon the highway, and the restriction
in subsection (5)(a)(I)(B) of this section is effective on interstate 70 between
milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May
31 of each year. It is unlawful to proceed when a state highway is closed or to
proceed when a restriction is in effect without the equipment required by this
subsection (5).
(D) The Colorado state patrol shall cooperate with the department of
transportation in the enforcement of a closing or restriction under this subsection
(5).
(E) The driver of a commercial vehicle with four or more drive wheels, other
than a bus, shall affix tire chains to at least four of the drive wheel tires when the
vehicle is required to be equipped with tire chains under this subsection (5). The
driver of a bus shall affix tire chains to at least two of the drive wheel tires when the
vehicle is required to be equipped with tire chains under this subsection (5).
(F) A person who violates this subsection (5)(a)(I) commits a traffic infraction
and is subject to the penalties in section 42-4-1701 (4)(a)(I)(F).
(G) On August 7, 2024, the freight mobility and safety branch created in
section 43-1-117 (4) shall launch an awareness campaign on any laws enacted that
modify subsection (5)(a)(I)(C) of this section.
(II) Any person who operates a motor vehicle in violation of restrictions
imposed by the department of transportation or the state patrol under
subparagraph (I) of this paragraph (a), where the result of the violation is an incident
that causes the closure of a travel lane in one or both directions, shall be subject to
an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).
(III) A person who violates subparagraph (I) of this paragraph (a) while
operating a commercial vehicle shall be subject to an enhanced penalty as set forth
in section 42-4-1701 (4)(a)(I)(F).
(IV) A person who violates subparagraph (I) of this paragraph (a) while
operating a commercial vehicle and the violation causes a closure in a travel lane
shall be subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).
(V) If a fine is enhanced under subparagraphs (III) and (IV) of this paragraph
(a), the portion of the fine that exceeds the fine imposed under subparagraph (I) for
an enhancement under subparagraph (III), or subparagraph (II) for an enhancement
under subparagraph (IV), that is allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred to the state treasurer, who shall deposit it in the
highway construction workers' safety account within the highway users tax fund
created by section 42-4-1701 (4)(c)(II)(B), to be continuously appropriated to the
department of transportation for work zone safety equipment, signs, and law
enforcement.
(VI) Subparagraphs (III) and (IV) of this paragraph (a) shall not apply to a tow
operator who is towing a motor vehicle or traveling to a site from which a motor
vehicle shall be towed.
(VII) The Colorado department of transportation shall identify an appropriate
place for commercial vehicles to apply chains, if necessary, to comply with
subparagraph (I) of this paragraph (a) and provide adequate notice to commercial
vehicle operators of such places.
(b) The transportation commission may promulgate rules to implement the
provisions of this subsection (5).
(c) As used in this subsection (5):
(I) Alternate traction device means a device that is approved by the
Colorado department of transportation as capable of providing traction comparable
to that of metal chains or tire cables under similar conditions.
(II) Equipped means that a motor vehicle uses or carries the appropriate
traction equipment for icy or snow-packed conditions.
(III) Tire chains means metal chains consisting of two circular metal loops,
one on each side of the tire, connected by no fewer than nine evenly spaced chains
across the tire tread.
(6) (a) The department of transportation and local authorities, within their
respective jurisdictions, may, for the purpose of road construction and
maintenance, temporarily close to through traffic or to all vehicular traffic any
highway or portion thereof for a period not to exceed a specified number of
workdays for project completion and shall, in conjunction with any such road
closure, establish appropriate detours or provide for an alternative routing of the
traffic affected when, in the opinion of said department or concerned local
authorities, as evidenced by resolution or ordinance, such temporary closing of the
highway or portion thereof and such rerouting of traffic is necessary for traffic
safety and for the protection of work crews and road equipment. Such temporary
closing of the highway or portion thereof and the routing of traffic along other
roads shall not become effective until official traffic control devices are erected
giving notice of the restrictions, and, when such devices are in place, no driver shall
disobey the instructions or directions thereof.
(b) Local authorities, within their respective jurisdictions, may provide for the
temporary closing to vehicular traffic of any portion of a highway during a specified
period of the day for the purpose of celebrations, parades, and special local events
or civic functions when in the opinion of said authorities such temporary closing is
necessary for the safety and protection of persons who are to use that portion of
the highway during the temporary closing.
(c) The department of transportation, local municipal authorities, and local
county authorities shall enter into agreements with one another for the
establishment, signing, and marking of appropriate detours and alternative routes
which jointly affect state and local road systems and which are necessary to carry
out the provisions of paragraphs (a) and (b) of this subsection (6). Any temporary
closing of a street which is a state highway and any rerouting of state highway
traffic shall have the approval of the department of transportation before such
closing and rerouting becomes effective.
(7) (a) The transportation commission may also by resolution and within the
reasonable exercise of the police power of the state adopt rules and regulations
concerning the operation of any motor vehicle in any tunnel which is a part of the
state highway system.
(b) In promulgating such rules and regulations, the transportation
commission shall consider the regulations of the public utilities commission and the
United States department of transportation relating to the transportation of
dangerous articles and may prohibit or regulate the operation of any motor vehicle
which transports any article, deemed to be dangerous, in any tunnel which is a part
of the state highway system.
(8) (a) Except as provided in paragraph (b) of this subsection (8), a person
who violates any provision of this section commits a class B traffic infraction.
(b) A person who violates paragraph (a) of subsection (5) of this section while
operating a commercial vehicle commits a class B traffic infraction and shall be
punished as provided in section 42-4-1701 (4)(a)(I)(F); except that this paragraph (b)
shall not apply to a tow operator who is towing a motor vehicle or traveling to a site
from which a motor vehicle shall be towed.