Senate Bill 02-061
|The Amendment to the Bill||Bill in Microsoft Word Format|
Sixty-third General Assembly
STATE OF COLORADO
LLS NO. 02-0233.02 Michael Dohr SENATE BILL 02-061
Senate Committees House Committees
Public Policy and Planning
A BILL FOR AN ACT
CONCERNING MEASURES TO INCREASE THE EFFICIENCY OF THE MOVEMENT OF MOTOR VEHICLE TRAFFIC ON COLORADO'S HIGHWAYS, AND, IN CONNECTION THEREWITH, INCLUDING MEASURES FOR PRIVATE CARPOOLING AND LIMITING LANE CLOSURES.
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)
Extends the existing regulatory exemption for ridesharing arrangements to allow private, for-profit carpooling.
Reduces the ability of the department of transportation and local authorities to restrict highway use from temporarily closing the highway
to closing only a portion of a lane of the highway for the purpose of road construction and maintenance. Requires the department of transportation and local authorities to ensure that normal daytime and commuting hours maintain the same number of open lanes during the road construction or maintenance project by: Rerouting traffic to the shoulder of the highway or to parking, acceleration, or deceleration lanes; narrowing lanes; creating temporary lanes with gravel, cold patch, asphalt, or other material; placing cones or other uniform traffic control devices to reconfigure lanes of the highway; or using any other method of traffic control that will ensure that, during normal daytime and commuting hours, the same number of open lanes are maintained during the road construction or maintenance project.
II. 40-16-101. Definitions. As used in this article, unless the context otherwise requires:
III. (4) "Motor vehicle carrier exempt from regulation as a public utility" means persons who offer services as property carriers by motor vehicle or who offer charter or scenic buses, luxury limousines, off-road scenic charters, PRIVATE CARPOOLS, and children's activity bus services.
IV. (6.4) "PRIVATE CARPOOL" MEANS NONSCHEDULED, NONLIVERY, AND NONDISPATCHED PERSONAL TRANSPORTATION, PROVIDED ON A PREARRANGED BASIS, WHICH MAY OR MAY NOT BE FOR-PROFIT, USING A VEHICLE OWNED BY THE DRIVER AND HAVING A PASSENGER SEATING CAPACITY OF FOURTEEN OR FEWER THAT IS NOT STATIONED AT AN AIRPORT, IN FRONT OF OR ACROSS THE STREET FROM A HOTEL OR MOTEL, OR WITHIN ONE HUNDRED FEET OF A RECOGNIZED TAXICAB STAND AT ANY TIME DURING OPERATION.
V. SECTION Article 16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
VI. 40-16-102.7. Private carpools - operational requirements. (1) PRIVATE CARPOOL SERVICE SHALL BE PROVIDED ON A PREARRANGED BASIS ONLY. A VEHICLE USED IN PRIVATE CARPOOL SERVICE SHALL CARRY CLEARLY LEGIBLE PLACARDS, LOCATED NEAR THE LOWER EDGE OF THE FRONT WINDOW ON EACH SIDE OF THE VEHICLE, STATING, "NOT FOR PUBLIC HIRE - PRIVATE HIRE ONLY". THE FACT THAT A PRIVATE CARPOOL OPERATOR STATIONS EQUIPMENT AT AN AIRPORT, IN FRONT OF OR ACROSS THE STREET FROM A HOTEL OR MOTEL, OR WITHIN ONE HUNDRED FEET OF A RECOGNIZED TAXICAB STAND SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE OPERATOR IS OPERATING AN ILLEGAL TAXICAB SERVICE.
VII. (2) ANY PRIVATE CARPOOL SHALL HAVE THE SAME RIGHT TO USE HIGH OCCUPANCY VEHICLE LANES AS REGIONAL TRANSPORTATION DISTRICT BUSES, VANPOOLS, AND OTHER DESIGNATED TRANSPORTATION ENTITIES WITH A RIGHT TO USE HIGH OCCUPANCY VEHICLE LANES PURSUANT TO SECTION 42-4-1012, C.R.S.
VIII. SECTION 10-4-707.5 (2), Colorado Revised Statutes, is amended to read:
IX. 10-4-707.5. Ridesharing arrangements - benefits payable - required coverage. (2) As used in this section, "ridesharing arrangement" means the vehicular transportation of passengers traveling together primarily to and from such passengers' places of business or work or traveling together on a PREARRANGED OR regularly scheduled basis with a commonality of purpose to and from shopping, health, educational, religious, athletic, or sports facilities, OR OTHER COMMONALITY OF PURPOSES AS OPERATORS AND RIDERS AGREE UPON, if the vehicle used in such transportation is not operated for profit by an entity primarily engaged in the transportation business. and if no charge is made therefor other than that reasonably calculated to recover the direct and indirect costs of the "ridesharing arrangement", including, but not limited to, a reasonable incentive to maximize occupancy of the vehicle. However, nothing in this subsection (2) shall be construed as excluding from this definition an arrangement by an employer engaged in the transportation business who provides "ridesharing arrangements" for its employees. The term includes "ridesharing arrangements" commonly known as carpools and vanpools; however, this term does not include school transportation vehicles operated by PUBLIC elementary and secondary schools when they are operated for the transportation of children to or from school or on school-related events.
X. SECTION 42-4-106 (6), Colorado Revised Statutes, is amended to read:
XI. 42-4-106. Who may restrict right to use highways. (6) (a) THE GENERAL ASSEMBLY FINDS THAT, DURING ROAD CONSTRUCTION AND MAINTENANCE WORK, IT IS LESS DISRUPTIVE TO TRAFFIC TO REROUTE LANES AND NARROW LANES THAN TO FORCE TRAFFIC TO MERGE INTO A REDUCED NUMBER OF LANES, WHICH METHOD CAUSES STANDSTILLS AND INHIBITS TRAFFIC MOVEMENT. A REDUCTION IN THE NUMBER OF LANES IS AGAINST PUBLIC POLICY, CAUSES LOSSES TO BUSINESS AND THE PRIVATE SECTOR IN LOST TIME AND ACCIDENTS, AND CAUSES GREATER ENVIRONMENTAL CONCERNS.
XII. (a) (a.5) 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 A PORTION OF ANY LANE OF 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 A PORTION OF ANY LANE OR 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 A PORTION OF ANY LANE OR 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. THE DEPARTMENT OF TRANSPORTATION AND LOCAL AUTHORITIES, WITHIN THEIR RESPECTIVE JURISDICTIONS, SHALL ENSURE THAT, DURING NORMAL DAYTIME AND COMMUTING HOURS ON METROPOLITAN HIGHWAYS, THOROUGHFARES, AND ARTERIAL STREETS, THE NORMAL NUMBER OF LANES REMAIN OPEN DURING THE ROAD CONSTRUCTION OR MAINTENANCE PROJECT BY: REROUTING TRAFFIC TO THE SHOULDER OF THE HIGHWAY OR TO PARKING, ACCELERATION, OR DECELERATION LANES; NARROWING LANES; CREATING TEMPORARY LANES WITH GRAVEL, COLD PATCH, ASPHALT, OR OTHER MATERIAL; PLACING CONES OR OTHER UNIFORM TRAFFIC CONTROL DEVICES TO RECONFIGURE LANES OF THE HIGHWAY; POSTING TEMPORARY SPEED LIMIT SIGNS; OR USING ANY OTHER REASONABLE AND SAFE METHOD OF MAINTAINING AND ACCOMMODATING THE NORMAL FLOW OF TRAFFIC. ANY ENTITY PERFORMING ROAD CONSTRUCTION IS SUBJECT TO THE REQUIREMENTS AND PENALTIES CONTAINED IN THE CONSTRUCTION CONTRACT.
XIII. (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.
XIV. (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) (a.5) 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.
SECTION Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.