(1) A person riding a bicycle, electrical assisted bicycle, or electric scooter has all of the rights and duties applicable to the driver of any other vehicle under this article 4, except as to special regulations in this article 4, except as provided in section 42-4-1412.5, and except as to those provisions that by their nature can have no application. Bicycle, electrical assisted bicycle, or electric scooter riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, are subject to local ordinances regulating the operation of bicycles, electrical assisted bicycles, and electric scooters as provided in section 42-4-111. Notwithstanding any contrary provision in this article 4, when a county or municipality has adopted an ordinance or resolution that regulates the operation of bicycles, electrical assisted bicycles, and electric scooters at controlled intersections, as defined in section 42-4-1412.5 (4)(a), and that does not conflict with section 42-4-1412.5, riders are subject to the local ordinance or resolution.
(2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or any political subdivision under the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S.
(3) A bicycle, electrical assisted bicycle, or electric scooter shall not be used to carry more persons at one time than the number for which it is designed or equipped.
(4) A person riding upon a bicycle, electrical assisted bicycle, or electric scooter shall not attach the vehicle or the rider to any motor vehicle upon a roadway.
(5) (a) Any person operating a bicycle, electrical assisted bicycle, or electric scooter upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions:
(I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
(II) A bicyclist may use a lane other than the right-hand lane when:
(A) Preparing for a left turn at an intersection or into a private roadway or driveway;
(B) Overtaking a slower vehicle; or
(C) Taking reasonably necessary precautions to avoid hazards or road conditions.
(III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right.
(b) A bicyclist shall not be expected or required to:
(I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
(II) Ride without a reasonable safety margin on the right-hand side of the roadway.
(c) A person operating a bicycle, electrical assisted bicycle, or electric scooter upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of the roadway as judged safe by the rider, subject to the following conditions:
(I) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
(B) Ride without a reasonable safety margin on the left-hand side of the roadway.
(6) (a) Persons riding bicycles, electrical assisted bicycles, or electric scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles and electric scooters.
(b) Persons riding bicycles, electrical assisted bicycles, or electric scooters two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
(7) A person operating a bicycle, electrical assisted bicycle, or electric scooter shall keep at least one hand on the handlebars at all times.
(8) (a) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn left shall follow a course described in sections 42-4-901 (1), 42-4-903, and 42-4-1007 or may make a left turn in the manner prescribed in subsection (8)(b) of this section.
(b) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the rider shall stop, as much as practicable, out of the way of traffic. After stopping, the rider shall yield to any traffic proceeding in either direction along the roadway that the rider had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the rider intends to proceed, the rider may proceed in the new direction.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities in their respective jurisdictions may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled.
(9) (a) Except as otherwise provided in this subsection (9), every person riding a bicycle, electrical assisted bicycle, or electric scooter shall signal the intention to turn or stop in accordance with section 42-4-903; except that a person riding a bicycle, electrical assisted bicycle, or electric scooter may signal a right turn with the right arm extended horizontally.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle, electrical assisted bicycle, or electric scooter before turning and shall be given while the bicycle, electrical assisted bicycle, or electric scooter is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle, electrical assisted bicycle, or electric scooter.
(10) (a) A person riding a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing the pedestrian. A person riding a bicycle, electrical assisted bicycle, or electric scooter in a crosswalk shall do so in a manner that is safe for pedestrians.
(b) A person shall not ride a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where the use of bicycles, electrical assisted bicycles, or electric scooters is prohibited by official traffic control devices or local ordinances. A person riding a bicycle, electrical assisted bicycle, or electric scooter shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.
(c) A person riding or walking a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, including the rights and duties granted and required by section 42-4-802.
(d) (Deleted by amendment, L. 2005, p. 1353, � 1, effective July 1, 2005.)
(11) (a) A person may park a bicycle, electrical assisted bicycle, or electric scooter on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.
(b) A bicycle, electrical assisted bicycle, or electric scooter parked on a sidewalk must not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed.
(d) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road abreast of one or more bicycles or electric scooters near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic.
(e) In all other respects, bicycles, electrical assisted bicycles, or electric scooters parked anywhere on a highway must conform to the provisions of part 12 of this article 4 regulating the parking of vehicles.
(12) (a) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense; except that section 42-2-127 shall not apply.
(b) If any person riding a bicycle, electrical assisted bicycle, or electric scooter violates any provision of this article 4 other than this section that is applicable to such a vehicle and for which a penalty is specified, the person is subject to the same specified penalty as any other vehicle; except that section 42-2-127 does not apply.
(13) Upon request, the law enforcement agency having jurisdiction shall complete a report concerning an injury or death incident that involves a bicycle, electrical assisted bicycle, or electric scooter on the roadways of the state, even if the accident does not involve a motor vehicle.
(14) (a) (I) A person may ride a class 1 or class 2 electrical assisted bicycle on a bike or pedestrian path where bicycles are authorized to travel.
(II) A local authority may prohibit the operation of a class 1 or class 2 electrical assisted bicycle on a bike or pedestrian path under its jurisdiction.
(b) A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path unless:
(I) The path is within a street or highway; or
(II) The local authority permits the operation of a class 3 electrical assisted bicycle on a path under its jurisdiction.
(15) (a) A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle upon any street, highway, or bike or pedestrian path; except that a person under sixteen years of age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers.
(b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless:
(I) Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles;
(II) The protective helmet conforms to the design and specifications set forth by the United States consumer product safety commission or the American Society for Testing and Materials; and
(III) The protective helmet is secured properly on the person's head with a chin strap while the class 3 electrical assisted bicycle is in motion.
(c) A violation of subsection (15)(b) of this section does not constitute negligence or negligence per se in the context of any civil personal injury claim or lawsuit seeking damages.
Source: L. 94: Entire title amended with relocations, p. 2395, � 1, effective January 1, 1995. L. 2005: (6)(a)(I), (9)(a), and (10) amended and (13) added, p. 1353, � 1, effective July 1. L. 2009: (5) and (6) R&RE, (SB 09-148), ch. 239, p. 1089, � 6, effective August 5; (1), (3), (4), IP(5), (5)(a), IP(6)(a), (6)(a)(II), (7), (8)(a), (8)(b), (9), (10)(a), (10)(b), (10)(c), (11), (12)(b), and (13) amended and (14) added, (HB 09-1026), ch. 281, p. 1281, �� 62, 61, effective October 1; IP(5)(a), IP(5)(c), and (6) amended, (SB 09-292), ch. 369, p. 1987, � 139, effective October 1. L. 2017: (14) amended and (15) added, (HB 17-1151), ch. 98, p. 297, � 5, effective August 9. L. 2018: (1) amended, (SB 18-144), ch. 193, p. 1280, � 2, effective May 3. L. 2019: (1), (3), (4), IP(5)(a), IP(5)(c), (6), (7), (8)(a), (8)(b), (9), (10)(a), (10)(b), (10)(c), (11), (12)(b), and (13) amended, (HB 19-1221), ch. 271, p. 2562, � 14, effective May 23. L. 2022: (1) amended, (HB 22-1028), ch. 96, p. 456, � 1, effective April 13.
Editor's note: (1) This section is similar to former � 42-4-106.5 as it existed prior to 1994.
(2) Subsection (2) refers to House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly. That bill can be found in chapter 299, Session Laws of Colorado 1988.
(3) Amendments to the introductory portion to subsection (5), subsection (5)(a), the introductory portion to subsection (6), and subsection (6)(a)(II) by House Bill 09-1026 were superseded by Senate Bill 09-148.
42-4-1412.5. Statewide regulation of certain persons approaching intersections who are not operating motor vehicles - status of existing local ordinance or resolution - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The regulation of persons approaching controlled intersections is a matter of mixed state and local concern; and
(b) It is necessary, appropriate, and in the best interest of the state to reduce injuries, fatalities, and property damage resulting from collisions at controlled intersections between motor vehicles and persons who are not operating motor vehicles by allowing most persons approaching controlled intersections who are fifteen years of age or older or who are under fifteen years of age and accompanied by an adult and who are not operating motor vehicles to approach controlled intersections in the manner set forth in this section.
(2) (a) (I) A pedestrian or a person who is fifteen years of age or older or who is under fifteen years of age and accompanied by an adult and who is operating a low-speed conveyance and approaching a controlled intersection with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the pedestrian or person operating a low-speed conveyance shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the pedestrian or person operating a low-speed conveyance has slowed to a reasonable speed and yielded the right-of-way if required, the pedestrian or person operating a low-speed conveyance may cautiously make a turn or proceed through the intersection without stopping.
(II) For purposes of this subsection (2)(a), a reasonable speed is ten miles per hour or less. A municipality, by ordinance, or a county, by resolution, may raise the maximum reasonable speed to twenty miles per hour if the municipality or county also posts signs at the intersection stating that higher speed limitation.
(b) A person who is fifteen years of age or older or who is under fifteen years of age and is accompanied by an adult and who is operating a low-speed conveyance and approaching a controlled intersection with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person operating a low-speed conveyance has yielded, the person operating a low-speed conveyance may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person operating a low-speed conveyance shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person operating a low-speed conveyance.
(c) A person who is fifteen years of age or older or who is under fifteen years of age and is accompanied by an adult and who is operating a low-speed conveyance approaching an intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person operating a low-speed conveyance shall not turn left if an oncoming vehicle is turning or preparing to turn right.
(d) Notwithstanding any other provision of this subsection (2), if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed shall obey the instructions provided by the sign or traffic control signal.
(e) If a county or municipality adopted a valid ordinance or resolution that regulates bicycles or electrical assisted bicycles substantially as described in subsections (2)(a.5), (2)(b.5), and (2)(c.5) of this section prior to May 3, 2018, that ordinance or resolution remains valid to the extent that it applies to the operation of bicycles or electrical assisted bicycles by persons who are under fifteen years of age and who are not accompanied by an adult.
(2.5) This section supersedes any conflicting ordinance that a municipality, county, or city and county adopts, but nothing in this section affects the validity of any ordinance or resolution adopted by a municipality, county, or city and county that regulates the conduct of persons approaching controlled intersections and does not conflict with this section.
(3) This section does not diminish or alter the authority of the department of transportation or the state transportation commission, as those entities are defined in section 43-1-102, regarding the department's or commission's authority to regulate motor vehicle traffic on any portion of the state highway system as defined in section 43-2-101 (1).
(3.5) This section does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or by an ordinance or resolution adopted by a municipality, county, or city and county.
(4) As used in this section:
(a) Controlled intersection means an intersection of a roadway that is controlled by either a stop sign or a traffic control signal.
(b) Low-speed conveyance means:
(I) A vehicle, as defined in section 42-1-102 (112), that is not a motor vehicle, as defined in section 42-1-102 (58), a low-power scooter as defined in section 42-1-102 (48.5), or a low-speed electric vehicle, as defined in section 42-1-102 (48.6);
(II) A toy vehicle, as defined in section 42-1-102 (103.5), that is exclusively human-powered; or
(III) An electric personal assistance mobility device or EPAMD, as defined in section 42-1-102 (28.7), or a device that would be an electric personal assistance mobility device or EPAMD but for the fact that it has fewer or more than two wheels or has tandem wheels.
Source: L. 2018: Entire section added, (SB 18-144), ch. 193, p. 1279, � 1, effective May 3. L. 2019: (1)(a), (1)(c), and (1)(d) amended and (2.5) added, (HB 19-1221), ch. 271, p. 2564, � 15, effective May 23. L. 2022: Entire section amended, (HB 22-1028), ch. 96, p. 456, � 2, effective April 13.