CO Code § 42-4-109 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 1 - Traffic Regulation - Generally|§ 42-4-109. Low-Power Scooters, Animals, Skis, Skates, and Toy Vehicles on Highways

  A person riding a low-power scooter upon a roadway where low-power scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this article except those provisions of this article that, by their very nature, can have no application.    A person riding a low-power scooter shall not ride other than upon or astride a permanent and regular seat attached thereto.    No low-power scooter shall be used to carry more persons at one time than the number for which it is designed and equipped.    No person riding upon any low-power scooter, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.    A person operating a low-power scooter upon a roadway shall ride as close to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.    Persons riding low-power scooters upon a roadway shall not ride more than two abreast. (6.5) A person under the age of eighteen years may not operate or carry a passenger who is under eighteen years of age on a low-power scooter unless the person and the passenger are wearing protective helmets in accordance with the provisions of section 42-4-1502 (4.5).    For the sake of uniformity and bicycle, electrical assisted bicycle, electric scooter, and low-power scooter safety throughout the state, the department in cooperation with the department of transportation shall prepare and make available to all local jurisdictions for distribution to bicycle, electrical assisted bicycle, electric scooter, and low-power scooter riders a digest of state regulations explaining and illustrating the rules of the road, equipment requirements, and traffic control devices that are applicable to the riders and their bicycles, electrical assisted bicycles, electric scooters, or low-power scooters. Local authorities may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions.    Persons riding or leading animals on or along any highway shall ride or lead such animals on the left side of said highway, facing approaching traffic. This shall not apply to persons driving herds of animals along highways.    No person shall use the highways for traveling on skis, toboggans, coasting sleds, skates, or similar devices. It is unlawful for any person to use any roadway of this state as a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a highway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This subsection (9) does not apply to any public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose.    Every person riding or leading an animal or driving any animal-drawn conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this article, except those provisions of this article which by their very nature can have no application.    Where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily traveled streets and highways, the department of transportation may, subject to the provisions of section 43-2-135, by resolution or order entered in its minutes, and local authorities may, where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to it within four hundred fifty feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electrical assisted bicycle, electric scooter, animal rider, animal-drawn conveyance, or other class or kind of nonmotorized traffic that is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the department of transportation or local authority shall erect appropriate official signs giving notice of the prohibition; except that, with respect to controlled access highways, section 42-4-1010 (3) applies. When the official signs are erected, a person shall not violate any of the instructions contained on the official signs.    The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any provision of this section.      Except as otherwise provided in paragraph (b) of this subsection (13), any person who violates a provision of this section commits a class B traffic infraction. (13) (a) Except as otherwise provided in paragraph (b) of this subsection (13), any person who violates a provision of this section commits a class B traffic infraction.    Any person who violates subsection (6.5) of this section commits a class A traffic infraction.         History. Source: L. 94: Entire title amended with relocations, p. 2232, § 1, effective January 1, 1995. L. 2007: (6.5) added and (13) amended, p. 1481, § 2, effective July 1. L. 2009: (1), (2), (3), (4), (5), (6), (6.5), (7), and (11) amended, (HB 09-1026), ch. 281, p. 1270, § 35, effective October 1. L. 2019: (7) and (11) amended, (HB 19-1221), ch. 271, p. 2558, § 3, effective May 23.    Editor's note:   This section is similar to former § 42-4-107 as it existed prior to 1994, and the former § 42-4-109 was relocated to § 42-4-111 .   Cross references:   For use of snowmobiles on highways, see §§ 33-14-110 to 33-14-112 ; for the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I) .   ANNOTATION   Annotator's note. Since § 42-4-109 is similar to § 42-4-107 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 with the annotations to this section.   One killed while violating this section is guilty of contributory negligence. Plaintiff's deceased son in sledding down the county road violated the provisions of this section and as a matter of law was guilty of contributory negligence barring recovery in an action for wrongful death. Sullivan v. Davis, 172 Colo. 490 , 474 P.2d 218.   A home rule municipality's ordinance banning bicycling from outside to inside and through the city limits conflicts with and is preempted by this section. Because this is a matter of mixed state and local concern, the municipality's ordinance cannot conflict with state statute. The city's ordinance prohibits bicycling without providing a suitable alternate route while this section authorizes such a prohibition only when an alternate route is established. Webb v. City of Black Hawk, 2013 CO 9, 295 P.3d 480.