(1)This article 4 must be applicable and uniform throughout this state and in all
political subdivisions and municipalities. Cities and counties, incorporated cities and
towns, and counties shall regulate and enforce all traffic and parking restrictions
on streets that are state highways as provided in section 43-2-135 (1)(g), and all
local authorities may enact and enforce traffic regulations on other roads and
streets within their respective jurisdictions. All such regulations are subject to the
following conditions and limitations:
(a)All local authorities may enact, adopt, or enforce traffic regulations which
cover the same subject matter as the various sections of this article and such
additional regulations as are included in section 42-4-111, except as otherwise
stated
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(1)
This article 4 must be applicable and uniform throughout this state and in all
political subdivisions and municipalities. Cities and counties, incorporated cities and
towns, and counties shall regulate and enforce all traffic and parking restrictions
on streets that are state highways as provided in section 43-2-135 (1)(g), and all
local authorities may enact and enforce traffic regulations on other roads and
streets within their respective jurisdictions. All such regulations are subject to the
following conditions and limitations:
(a) All local authorities may enact, adopt, or enforce traffic regulations which
cover the same subject matter as the various sections of this article and such
additional regulations as are included in section 42-4-111, except as otherwise
stated in paragraphs (c) to (e) of this subsection (1).
(b) All local authorities may, in the manner prescribed in article 16 of title 31,
C.R.S., or in article 15 of title 30, C.R.S., adopt by reference all or any part of a model
traffic code which embodies the rules of the road and vehicle requirements set
forth in this article and such additional regulations as are provided for in section 42-4-111; except that, in the case of state highways, any such additional regulations
shall have the approval of the department of transportation.
(c) No local authority shall adopt, enact, or enforce on any street which is a
state highway any ordinance, rule, or resolution which alters or changes the
meaning of any of the rules of the road or is otherwise in conflict with the
provisions of this article. For the purpose of this section, the rules of the road
shall be construed to mean any of the regulations on the operation of vehicles set
forth in this article which drivers throughout the state are required to obey without
the benefit or necessity of official traffic control devices as declared in section 42-4-603 (2).
(d) (I) Local authorities do not have the power to enact regulations governing:
(A) The driving of a vehicle by a person under the influence of alcohol or of a
controlled substance, as defined in section 18-18-102 (5), or under the influence of
any other drug to a degree that renders the person incapable of safely operating a
vehicle, or by a person whose ability to operate a vehicle is impaired by the
consumption of alcohol or by the use of a controlled substance, as defined in
section 18-18-102 (5), or any other drug;
(B) The licensing of drivers;
(C) The duties and obligations of persons involved in traffic accidents; and
(D) Vehicle equipment requirements in conflict with the provisions of this
article 4.
(II) Local authorities, within their respective jurisdictions, shall enforce the
state laws pertaining to the subjects described in subsection (1)(d)(I) of this section,
and in every charge of violation the complaint must specify the section of state law
under which the charge is made and the state court having jurisdiction.
(e) Pursuant to section 43-2-135 (1)(g), C.R.S., no regulation of a local
authority shall apply to or become effective for any streets which are state
highways, including any part of the national system of interstate and defense
highways, until such regulation has been presented to and approved in writing by
the department of transportation; except that such regulations shall become
effective on such streets sixty days after receipt for review by the department of
transportation if not disapproved in writing by said department during that sixty-day period.
(2) The municipal courts have jurisdiction over violations of traffic
regulations enacted or adopted by municipalities. However, the provisions of
sections 42-4-1701, 42-4-1705, and 42-4-1707 shall not be applicable to
municipalities.
(3) A person convicted of a violation of a municipal traffic ordinance is not
subject to be charged or tried in a state court for the same or a similar offense
arising from the same event.
(4) (a) Any municipality, city, county, or city and county located within the
program area of the AIR program area as defined in section 42-4-304 may adopt
ordinances or resolutions pertaining to the enforcement of the emissions control
inspection requirements set forth in section 42-4-310.
(b) An officer coming upon an unattended vehicle in the program area which
is in apparent violation of an ordinance or resolution adopted as authorized in
paragraph (a) of this subsection (4) may place upon such vehicle a penalty
assessment notice indicating the offense and directing the owner or operator of
such vehicle to remit the penalty assessment as set forth in such ordinance to the
local jurisdiction in whose name the penalty assessment notice was issued.
(c) The aggregate amount of fines, penalties, or forfeitures collected
pursuant to ordinances or resolutions adopted as authorized in paragraph (a) of this
subsection (4) shall be retained by the local jurisdiction in whose name such penalty
notice was issued.
(5) The general assembly declares that the adjudication of class A and class
B traffic infractions through the county court magistrate system was not intended
to create a conflict between the provisions of this article and municipal ordinances
covering the same subject matter as this article nor was it intended to require or
prohibit the decriminalization of municipal ordinances covering the same subject
matter as this article. Municipalities may continue to enforce violations of such
ordinances through municipal court even though similar state offenses are
enforced through the magistrate system established under this article.
(6) (a) The general assembly hereby finds that the use of automated driving
systems will help people who may have difficulty driving, including people who are
elderly and people with disabilities, gain access to goods and services essential to
daily life. This access requires traveling across and in multiple jurisdictions.
Therefore, the regulation of automated driving systems is a matter of statewide
concern.
(b) A state agency or a political subdivision of the state shall not adopt or
enforce a policy, rule, or ordinance that sets standards for an automated driving
system that are different from the standards set for a human driver.