Colorado § 43-5-308 Flagpersons - definition - penalty

Colorado Statutes

§ 43-5-308 — Flagpersons - definition - penalty

Colorado·Title 43 Transportation·Art. Highway Safety

(1)(a) A person shall not fail or refuse to obey the visible instructions, signals, or direction displayed or given by a flagperson. A person who violates this subsection (1)(a) commits a class A traffic infraction.

(b)If a driver fails to comply with the flagperson's instructions, the flagperson or any other person with information as to the identity of the driver or the license plate number of the driver's vehicle may, and if practicable shall, promptly relay the information to the appropriate law enforcement agency.

(2)(a) Only a trained person may provide temporary traffic control or direction within any highway, road, or street maintenance or construction work area as a flagperson.

(b)The department shall authorize public and private entities to conduct flagperson cert

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(1) (a) A person shall not fail
or refuse to obey the visible instructions, signals, or direction displayed or given by
a flagperson. A person who violates this subsection (1)(a) commits a class A traffic
infraction.

(b) If a driver fails to comply with the flagperson's instructions, the
flagperson or any other person with information as to the identity of the driver or
the license plate number of the driver's vehicle may, and if practicable shall,
promptly relay the information to the appropriate law enforcement agency.

(2) (a) Only a trained person may provide temporary traffic control or
direction within any highway, road, or street maintenance or construction work area
as a flagperson.

(b) The department shall authorize public and private entities to conduct
flagperson certification training and shall develop and provide, at cost, examination
and training materials that authorized entities must use in conducting flagperson
certification.

(c) While directing traffic, a flagperson shall wear high-visibility garments
and display an official hand signal device prescribed in the state traffic control
manual adopted by the department pursuant to section 42-4-104, C.R.S., or its
supplement.

(d) A flagperson shall abide by the Colorado manual of uniform traffic
control devices and shall not use any device that might distract the flagperson's
vision, hearing, or attention while directing traffic.

(3) As used in this section, flagperson means a person:

(a) Eighteen years of age or older;

(b) Trained by an entity authorized by the department;

(c) Employed by the department, a department contractor, a political
subdivision of the state, or a contractor of a political subdivision; and

(d) Acting in his or her official capacity while performing work within a
temporary traffic control zone.

(4) This section does not apply to law enforcement personnel while
performing official law enforcement duties.

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Legislative History

Source: L. 2014: Entire section added, (SB 14-060), ch. 70, p. 298, � 2, effective July 1. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3327, � 782, effective March 1, 2022. L. 2022: (1)(a) amended, (HB 22-1229), ch. 68, p. 350, � 45, effective March 1.