CO Code § 42-4-228 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 2 - Equipment|§ 42-4-228. Restrictions on Tire Equipment

  Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.    No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway, and it is unlawful to operate upon the highways of this state any motor vehicle, trailer, or semitrailer equipped with solid rubber tires.    No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread on the traction surface of the tire; except that, on single-tired passenger vehicles and on other single-tired vehicles with rated capacities up to and including three-fourths ton, it shall be permissible to use tires containing studs or other protuberances which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire; and except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.    The department of transportation and local authorities in their respective jurisdictions, in their discretion, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this article.      No person shall drive or move a motor vehicle on any highway unless such vehicle is equipped with tires in safe operating condition in accordance with this subsection (5) and any supplemental rules and regulations promulgated by the executive director of the department. (5) (a) No person shall drive or move a motor vehicle on any highway unless such vehicle is equipped with tires in safe operating condition in accordance with this subsection (5) and any supplemental rules and regulations promulgated by the executive director of the department.    The executive director of the department shall promulgate such rules as the executive director deems necessary setting forth requirements of safe operating conditions for tires. These rules shall be utilized by law enforcement officers for visual inspection of tires and shall include methods for simple gauge measurement of tire tread depth.    A tire shall be considered unsafe if it has:   Any bump, bulge, or knot affecting the tire structure;    A break which exposes a tire body cord or is repaired with a boot or patch;    A tread depth of less than two thirty-seconds of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire, or, on those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two-tread grooves at three locations equally spaced around the circumference of the tire; except that this subparagraph (III) shall not apply to tires on a commercial vehicle as such term is defined in section 42-4-235 (1)(a); or    Such other conditions as may be reasonably demonstrated to render it unsafe.          No passenger car tire shall be used on any motor vehicle which is driven or moved on any highway if such tire was designed or manufactured for nonhighway use.    No person shall sell any motor vehicle for highway use unless the vehicle is equipped with tires that are in compliance with subsections (5) and (6) of this section and any rules of safe operating condition promulgated by the department.      Any person who violates any provision of subsection (1), (2), (3), (5), or (6) of this section commits a class A traffic infraction. (8) (a) Any person who violates any provision of subsection (1), (2), (3), (5), or (6) of this section commits a class A traffic infraction.    Any person who violates any provision of subsection (7) of this section commits a class 2 misdemeanor traffic offense.        History. Source: L. 94: Entire title amended with relocations, p. 2262, § 1, effective January 1, 1995.    Editor's note:   This section is similar to former § 42-4-225 as it existed prior to 1994.   Cross references:   For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701 (3)(a)(II) .   ANNOTATION   Annotator's note. Since § 42-4-228 is similar to § 42-4-225 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included in the annotations to this section.   In the ascertainment of the legislative intent, this section must be harmonized with other sections of the act from which codified, so as to give effect to its purpose, if possible. People v. Rapini, 107 Colo. 363 , 112 P.2d 551, 134 A.L.R. 545.   The protection of the highway being one of the objects of the act, the legislative intent must have been to achieve this object by prohibiting vehicles that would be injurious to highways. People v. Rapini, 107 Colo. 363 , 112 P.2d 551, 134 A.L.R. 545 (1941).   A binder is a “vehicle” within the meaning of subsection (3) of this section, and its use in violation thereof is not excused by § 42-4-202 . People v. Rapini, 107 Colo. 363 , 112 P.2d 551, 134 A.L.R. 545 (1941).