(1) A person driving a motorcycle or autocycle shall ride only upon the permanent and regular seat attached to the motorcycle or autocycle. The driver of a motorcycle or an autocycle shall not carry any other person, and another person shall not ride on a motorcycle or autocycle, unless the motorcycle or autocycle is designed to carry more than one person. If a motorcycle or autocycle is designed to carry more than one person, a passenger may ride upon the permanent seat if the permanent seat is designed for two persons or upon another seat firmly attached to the motorcycle or autocycle at the rear or side of the operator.
(2) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle.
(3) No person shall operate a motorcycle while carrying packages, bundles, or other articles which prevent the person from keeping both hands on the handlebars.
(4) A driver shall not carry any person, and another person shall not ride, in a position that will interfere with the operation or control of the motorcycle or autocycle or the view of the operator.
(4.5) (a) Except as provided in subsection (4.5)(c) of this section, a person shall not drive or ride as a passenger on a motorcycle, autocycle, or low-power scooter on a roadway 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 motorcycles;
(II) The protective helmet conforms to the design and specifications set forth in paragraph (b) of this subsection (4.5); and
(III) The protective helmet is secured properly on the person's head with a chin strap while the motorcycle, autocycle, or low-power scooter is in motion.
(b) A protective helmet required to be worn by this subsection (4.5) shall:
(I) Be designed to reduce injuries to the user resulting from head impacts and to protect the user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact;
(II) Consist of lining, padding, and chin strap; and
(III) Meet or exceed the standards established in the United States department of transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for motorcycle helmets.
(c) A person driving or riding an autocycle need not wear a helmet if the autocycle has:
(I) Three wheels;
(II) A maximum design speed of twenty-five miles per hour or less;
(III) A windshield; and
(IV) Seat belts.
(5) Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2398, � 1, effective January 1, 1995. L. 2007: (4.5) added, p. 1480, � 1, effective July 1. L. 2009: IP(4.5)(a) and (4.5)(a)(I) amended, (HB 09-1026), ch. 281, p. 1283, � 63, effective October 1. L. 2015: IP(4.5)(a) amended and (4.5)(c) added, (HB 15-1345), ch. 330, p. 1347, � 3, effective August 5. L. 2022: (1), (4), IP(4.5)(a), (4.5)(a)(III), and IP(4.5)(c) amended, (HB 22-1043), ch. 361, p. 2581, � 4, effective January 1, 2023.
Editor's note: This section is similar to former � 42-4-1302 as it existed prior to 1994, and the former � 42-4-1502 was relocated to � 42-4-1703.
42-4-1503. Operating motorcycles and autocycles on roadways laned for traffic - report - repeal. (1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to motorcycles operated two abreast in a single lane.
(2) The driver of a motorcycle or autocycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken.
(3) (a) A person shall not drive a motorcycle or autocycle between lanes of traffic or between adjacent lines or rows of vehicles.
(b) (I) Notwithstanding subsections (2) and (3)(a) of this section, the driver of a two-wheeled motorcycle may overtake or pass another motor vehicle in the same lane as the motorcycle if:
(A) The overtaken or passed motor vehicle is stopped;
(B) The motor vehicles in the adjacent lanes, if the lanes are for the same direction of travel as the lane occupied by the two-wheeled motorcycle, are stopped;
(C) The driver of the two-wheeled motorcycle is on a road with lanes wide enough to pass safely;
(D) The passing motorcycle is driving at fifteen miles per hour or less; and
(E) Conditions permit prudent operation of the motorcycle while overtaking or passing.
(II) When the motor vehicles that are being overtaken or passed by the two-wheeled motorcycle begin moving, the driver of the motorcycle shall cease overtaking or passing a motor vehicle pursuant to subsection (3)(b)(I) of this section.
(III) A person overtaking or passing pursuant to this subsection (3)(b) shall not overtake or pass:
(A) On the right shoulder;
(B) To the right of a vehicle in the farthest right-hand lane if the highway is not limited access; or
(C) In a lane of traffic moving in the opposite direction.
(IV) This subsection (3)(b) is repealed, effective September 1, 2027.
(c) (I) The department of transportation shall analyze data on the safety effects of subsection (3)(b) of this section and issue a report to the general assembly by January 1, 2027. The data and report must include:
(A) Motorcycle rear-end collisions before and after August 7, 2024;
(B) The severity of rear-end collisions in heavy traffic conditions before and after August 7, 2024; and
(C) Motorcycle side-swipe collisions while overtaking or passing at a rate of less than fifteen miles per hour before and after August 7, 2024.
(II) This subsection (3)(c) is repealed, effective July 1, 2028.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties.
(6) Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2399, � 1, effective January 1, 1995. L. 2022: (2) and (3) amended, (HB 22-1043), ch. 361, p. 2581, � 5, effective January 1, 2023. L. 2024: (2) and (3) amended, (SB 24-079), ch. 40, p. 143, � 2, effective August 7.
Editor's note: This section is similar to former � 42-4-1303 as it existed prior to 1994, and the former � 42-4-1503 was relocated to � 42-4-1704.
Cross references: For the legislative declaration in SB 24-079, see section 1 of chapter 40, Session Laws of Colorado 2024.