CO Code § 42-4-1102 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 11 - Speed Regulations|§ 42-4-1102. Altering of Speed Limits - Department to Study Rural State Highways and Increase Speed Limits - Definitions - Repeal

     Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under sections 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department. (1) (a) Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under sections 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department.    Repealed.       Whenever county or municipal authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey and, for residential neighborhoods, after additional optional consideration of road characteristics, current and future development, environmental factors, parking practices, pedestrian and bicycle activity in the vicinity, and crash statistics from the most recent year, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under sections 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at an intersection or other place or upon any part of a street or highway in its jurisdiction, the local authority shall determine and declare a reasonable and safe speed limit that is effective when appropriate signs giving notice thereof are erected at the intersection or other place or upon the approaches thereto. A local authority shall not alter the basic rules set forth in section 42-4-1101 (1) or authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.    Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 42-4-1101 (2)(b) or (2)(c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an “arterial street” means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.   (3.5) (a) The department of transportation, referred to in this subsection (3.5) as the “department”, shall study relevant and appropriate state highways in rural areas of the state for the purpose of identifying portions of rural state highways where the speed limit can be raised as described in section 42-4-1101 without endangering public safety. In identifying these portions of rural state highways, the department shall consider:   Whether the portion of highway is predominantly straight;    The quality of the surface of the portion of highway, including whether the portion of highway has been resurfaced recently;    The presence or absence of adequate space along both sides of the portion of highway to allow a vehicle to safely pull over to the side of the highway;    The safety of vulnerable road users who use the portion of highway; and    Any other safety concerns that the department, in its discretion, includes in the report.       In identifying portions of rural state highways where the speed limit can be raised pursuant to subsection (3.5)(a) of this section, the department shall give preference to portions of rural state highways that:   Connect rural towns to one or more cities;    Provide access to one or more public or private schools; and    Are relatively heavily traveled.       On or before March 1, 2021, the department shall complete the study described in subsection (3.5)(a) of this section. The department shall include a summary of the study in the department's next annual report to the legislative committees of reference pursuant to section 2-7-203. The summary must indicate the conclusions of the study and the portions of rural highways for which the department will increase the speed limit.    As used in this subsection (3.5), unless the context otherwise requires, “vulnerable road user” means:   A pedestrian;    A person engaged in work upon a roadway or upon utility facilities along a roadway;    A person providing emergency services within a right-of-way;    A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way;    A person riding or leading an animal; or    A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway:   A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;    A farm tractor or similar vehicle designed primarily for farm use;    A skateboard;    Roller skates;    In-line skates;    A scooter;    A moped;    A motorcycle;    An off-highway vehicle;          This subsection (3.5) is repealed, effective July 1, 2022.       No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns is effective until it has been approved in writing by the department of transportation. Upon the request of any incorporated city or town, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. In conducting such a traffic investigation, the department may receive and consider traffic and engineering data provided by the city or county engineer of any requesting local government that will be impacted by a proposed alteration of speed limits. Any speed limit so determined by the department becomes effective when declared by the local authority and made known by official signs conforming to the state traffic control manual.    Whenever the department of transportation or local authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective.    In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of sections 42-4-1101 to 42-4-1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs.    Any powers granted in this section to county or municipal authorities may be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers.    The department of transportation shall not set a speed limit on interstate 70 for commercial vehicles or any other motor vehicle that differs from the highest authorized speed for any other type of motor vehicle on the same portion of a highway by more than twenty-five miles per hour.    For purposes of this section, “residential neighborhood” has the same meaning as set forth in section 42-4-110.5 (2)(g)(II).      (J) An animal-drawn, wheeled vehicle;   (K) Farm equipment;   (L) A sled;   (M) An electric personal assistive mobility device;   (N) A wheelchair;   (O) A baby stroller; or   (P) A nonmotorized pull wagon.   History. Source: L. 94: Entire title amended with relocations, p. 2366, § 1, effective January 1, 1995. L. 95: (3) amended, p. 956, § 16, effective May 25. L. 96: (1), (2), and (3) amended, p. 579, § 3, effective May 25. L. 2010: (8) added, (SB 10-196), ch. 333, p. 1534, § 1, effective July 1. L. 2014: (4) amended, (SB 14-146), ch. 141, p. 486, § 1, effective May 2. L. 2018: (2) amended and (9) added, (HB 18-1191), ch. 156, p. 1098, § 1, effective August 8. L. 2020: (3.5) added, (HB 20-1178), ch. 90, p. 361, § 1, effective September 14.    Editor's note:    This section is similar to former § 42-4-1002 as it existed prior to 1994, and the former § 42-4-1102 was relocated to § 42-4-1202.    Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 1998. (SeeL. 96, p. 579.)     ANNOTATION   Annotator's note. Since § 42-4-1102 is similar to § 42-4-1002 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.   The statute is a proper delegation of legislative authority to department of highways with adequate safeguards to protect against an uncontrolled exercise of discretionary power. It allows for imposition of more than one speed limit for different vehicle types on a state highway or segment thereof, if this is necessary for public safety. People v. Peterson, 734 P.2d 118 (Colo. 1987).   The regulation of speed is not solely a matter of statewide concern. Wiggins v. McAuliffe, 144 Colo. 363 , 356 P.2d 487.   The state has not so preempted the field by statute as to exclude a city from enacting valid ordinances on the regulation of speed. Wiggins v. McAuliffe, 144 Colo. 363 , 356 P.2d 487 (1960).   Applied in Waltemeyer v. People ex rel. City of Arvada, 658 P.2d 264 (Colo. 1983).