JURISDICTION: COLORADO

This chapter summarizes Colorado State statutes related to speed.

General Reference: Colorado Revised Statutes and Code of Colorado Regulations (CCR)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions then existing. §42-4-1101(1)

Statutory Speed Limit: 65 MPH⁽¹⁾ on the interstate system⁽²⁾ §42-4-1101(2)(g)

See Other below. 55 MPH¹ on an open highway not on the interstate system² §42-4-1101(2)(f)

30 MPH in a residence district² §42-4-1101(2)(c)

40 MPH on open mountain highways² §42-4-1101(2)(d)

25 MPH in a business district §42-4-1101(2)(b)

20 MPH on narrow, winding mountain highways or blind curves §42-4-1101(2)(a)

Posted (Maximum) Speed Limit: I. State and local authorities, based on traffic investigations and surveys, may alter (increase or decrease) the above speed limits.² However, no posted maximum speed limit may be in excess of 75 MPH. §§42-4-1101(2)(h) & 42-4-1102 Note: Colorado law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. The State, based on traffic investigations and surveys, may establish maximum speed limits for elevated structures. §42-4-1104(2)

Minimum Speed Limit: A person shall not drive a motor vehicle at such a slow speed so as to impede or block the normal and reasonable forward movement of traffic. §42-4-1103(1)

Posted (Minimum) Speed Limit: The State of local authorities, based on traffic investigations and surveys, may post a minimum speed limit on any part of a highway. §42-4-1103(2)

Other: I. 45 MPH for all vehicles in the business of transporting trash² §42-4-1101(2)(e)

II. A person shall not drive a vehicle over any bridge or other elevated structure at an unsafe speed. §42-4-1104(1)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: Except as Noted Under Miscellaneous Sanctions, All Speed Law Violations are Class A Traffic Infractions. §§42-4-1101(12), 42-4-1103(5), 42-4-1104(4) & 42-4-1701(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): $15 to $100 §42-4-1701(3)(a)(I)

Mandatory Min. Fine ($): Per Penalty Schedule⁽³⁾ §42-4-1701(4)(a)(I)(L)

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽⁴⁾ §42-2-127

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §42-2-132(1)

Mandatory Minimum Term of

Withdrawal: None A probationary license with restrictions may be issued §42-2-127(12)

Miscellaneous Sanctions

Not Included Elsewhere: Driving 25 MPH or more in excess of either the reasonable and prudent speed or the 75 MPH maximum limit is a Class 2 Misdemeanor Traffic Offense. §42-4-1101(12) The sanctions for this offense are a jail term of 10 to 90 days and/or a fine of $10 to $300. §42-4-1701(3)(a)(II)

Other Criminal Actions Related to Speeding:

Racing on Highway: Speed Contest Class 2 Misdemeanor Traffic Offense §42-4-1401(1) & (3)

Sanctions:

Criminal Sanction:

Mandatory Minimum Term: None

Fine ($ Range): $10 to $300 §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System⁴ §42-2-127 For this offense, a driver is assessed 12 points which results in suspension under the point system. §42-2-127(1)(a) & (5)(c)

Length of Term of

Licensing Withdrawal: Not more than 1 year §42-2-132(1)

Mandatory Action--Minimum

Length of License

Withdrawal: None A probationary license with restrictions may be issued §42-2-127(12)

Other:

Reckless Driving⁽⁵⁾: Class 2 Misdemeanor Traffic Offense §42-4-1401

Sanction:

Criminal:

Imprisonment (Term): 1st offense-10 to 90 days §42-4-1701(3)(a)(II)(A) 2nd or subsequent offense-10 days to 6 months §42-4-1401(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$10 to $300 §42-4-1701(3)(a)(II)(A) 2nd or subsequent offense-$50 to $1,000 §42-4-1401(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁴ §42-2-127 For this offense, a driver is assessed 8 points. §42-2-127(1)(a) & (5)(d)

Revocation for 3 reckless driving offense convictions within 3 years §42-2-125(1)(f)

Length of Term of License

Withdrawal Action: Suspension for not more than 1 year §42-2-132(1)

Revocation for 1 year §42-2-132(2)

Mandatory Term of License

Withdrawal Action: Suspension in not mandatory. A probationary license with restrictions may be issued. §42-2-127(12)

Revocation is for mandatory period of 1 year. §42-2-132(2)

Other:

Other Criminal Actions Related to Speeding: (continued)

Careless Driving⁽⁶⁾: Class 2 Misdemeanor Traffic Offense or, if there is bodily injury or death to another person, Class 1 Misdemeanor Traffic Offense §42-4-1402(2)

Sanction:

Criminal:

Imprisonment (Term): Non injury/death related offense-10 to 90 days Injury/Death related offense-10 days to 1 year §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Non injury/death related offense-$10 to $300 Injury/Death related offense-$100 to $1,000 §42-4-1701(3)(a)(II)(A)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁴ §42-2-127 For this offense, a driver is assessed 4 points. §42-2-127(1)(a) & (5)(e)

Length of Term of License

Withdrawal Action: Not more than 1 year §42-2-132(1)

Mandatory Term of License

Withdrawal Action: None A probationary license with restrictions may be issued §42-2-127(12)

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Suspension: A person's CDL privilege is suspended, if while driving a CMV, they either (1) commit 2 "serious traffic violations"⁽⁸⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)

Period of Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)

Period of Mandatory Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)

1. ¹Based upon traffic investigations and surveys, the posted maximum limit may be increased to 75 MPH. §42-4-1102

2. ²Operating a motor vehicle in excess of this speed limit is prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. §4-4-1101(4) Note: State law appears to be silent as to whether different highway speed limits may be established either for different types of vehicles or for other reasons.

3. ³The following fines and surcharges respectively are levied for speeding violations. Fifteen dollars ($15) and $2 for going 1 to 4 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. Thirty-five dollars ($35) and $4 for going 5 to 9 MPH over either the reasonable and prudent speed or the 75 maximum limit. Fifty dollars ($50) and $6 for going 10 to 19 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. One hundred dollars ($100) and $12 for going 20 to 24 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. Thirty-five dollars ($35) and $4 for failure to decrease speed when hazardous conditions exist. Fifteen dollars ($15) and $2 for violating either the minimum speed law (§42-1-1103) or posted maximum speed limits on elevated structures (§42-4-1104). §42-4-1701(4)(a)(I)(L)

4. ⁴Point System. I. Point Accumulation. A driver's license is subject to suspension if they accumulate either 12 points within 12 consecutive months or 18 points with 24 consecutive months. For provisional drivers, suspension would occur if they accumulate either 9 points within 12 consecutive months, 12 points within any 24 consecutive months or 14 points from the time the provisional license was issued. In the case of minor drivers, suspension would occur if they accumulate either 5 points within 12 consecutive months or 6 points from the time the license was issued. For chauffeurs, suspension would occur if they accumulate (while in the course of employment) either 16 points in 1 year, 24 points in 2 years or 28 points in 4 years. §42-2-127(1)(a) II. Point Schedule. The following points are assigned for speeding violations. Three (3) points for going 5 to 9 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. Four (4) points for going 10 to 19 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. Six (6) points for going 20 MPH or more over either the reasonable and prudent speed or the 75 MPH maximum limit. Also, 3 points are assessed for failure to reduce speed when a special hazard exists. No points are assessed for going 1 to 4 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit. §42-2-127(5)(f)

5. ⁵Operating a motor vehicle in either a wanton or a willful manner so as to disregard the safety of either persons or property. §42-4-1401(1)

6. ⁶Operating a motor vehicle without due regard for the width, grade, curves, corners, traffic and use of the streets and all other attendant circumstances. §42-4-1402(1)

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §42-2-402(4)(a)

8. ⁸A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §42-2-403(2), 1 CCR 204-12(6) & (7)(d) and 49 CFR 383.5