2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Article 4 - REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Part 7 - RIGHTS-OF-WAY (§§ 42-4-701 — 42-4-715) › Section 42-4-705 - Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle

(1)
Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section
42-4-213
or
42-4-222
, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(2)
(a)
A driver in a motor vehicle shall exhibit due care and caution and proceed as described in subsections (2)(b) and (2)(c) of this section when approaching or passing:
(I)
A stationary authorized emergency vehicle, including a port of entry vehicle, that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section
42-4-213
or
42-4-222
;
(II)
A stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or oscillating yellow lights;
(III)
A stationary public utility service vehicle that is operated by a public utility, as defined in section
39-4-101
or
40-1-103
, or an authorized contractor of the public utility and that is giving a visual signal by means of flashing, rotating, or oscillating amber lights; or
(IV)
A stationary motor vehicle giving a hazard signal by displaying alternately flashing lights or displaying warning lights.
(b)
On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary vehicle described in subsection (2)(a) of this section is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary vehicle described in subsection (2)(a) of this section unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching motor vehicle shall proceed in the manner described in subsection (2)(c) of this section.
(c)
(I)
On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary vehicle described in subsection (2)(a) of this section is located, or if movement by the driver of the approaching motor vehicle into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible, the driver of an approaching motor vehicle shall reduce and maintain a safe speed with regard to the location of the stationary vehicle described in subsection (2)(a) of this section; weather conditions; road conditions; and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(II)
For the purposes of this subsection (2)(c), the following speeds are presumed to be safe unless the speeds are unsafe for the conditions as provided in section
42-4-1101 (1) and (3)
:
(A)
If the speed limit is less than forty-five miles per hour, twenty-five miles per hour or less; or
(B)
If the speed limit is forty-five miles per hour or more, twenty miles per hour less than the speed limit.
(2.5)
(a)
A driver in a vehicle that is approaching or passing a maintenance, repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5).
(b)
On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of this subsection (2.5).
(c)
On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary or slow-moving maintenance, repair, or construction vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(2.6)
A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in subsection (2) of this section. The driver of a motor vehicle that is being equipped with chains shall give a hazard signal by displaying alternately flashing lights or displaying warning lights.
(3)
(a)
Any person who violates subsection (1) of this section commits a class A traffic infraction.
(b)
(I)
Except as otherwise provided in subsections (3)(b)(II) and (3)(b)(III) of this section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in section
42-4-1402
.
(II)
If the person violates subsection (2) of this section and the person's actions are the proximate cause of bodily injury to another person, the person commits a class 1 traffic misdemeanor.
(III)
If the person violates subsection (2) of this section and the person's actions are the proximate cause of the death of another person, the person commits a class 6 felony and shall be punished as described in section
18-1.3-401
.
Amended by 2023 Ch. 19, § 1, eff. 8/7/2023.
Amended by 2021 Ch. 462, § 730, eff. 3/1/2022.
Amended by 2020 Ch. 107, § 1, eff. 9/14/2020.
Amended by 2017 Ch. 278, § 2, eff. 9/1/2017.
L. 94: Entire title amended with relocations, p. 2347, § 1, effective 1/1/1995. L. 2005: Entire section amended, p. 711, § 1, effective July 1. L. 2008: (2.5) and (2.6) added and (3)(b) amended, p. 2081, § 6, effective June 3. L. 2011: (2) amended, (SB 11-260), ch. 1434, p. 1434, § 3, effective July 1. L. 2017: (2)(a), (2)(b), (2)(c), and (3)(b) amended, (SB 17-229), ch. 1520, p. 1520, § 2, effective September 1. L. 2020: (2) amended, (HB 20-1145), ch. 107, p. 420, § 1, effective September 14. L. 2021: (3)(b)(II) amended, (SB 21-271), ch. 3305, p. 3305, § 730, effective 3/1/2022.
(1) This section is similar to former § 42-4-605 as it existed prior to 1994, and the former § 42-4-705 was relocated to §
42-4-805
.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Ch. 19, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act enacting subsections (2.5) and (2.6) and amending subsection (3)(b) shall be known and may be cited as the "Charles Mather Highway Safety Act". (2) In 2011, subsection (2) was amended by the "Allen Rose Tow-truck Safety Act". For the short title, see section 1 of chapter 298, Session Laws of Colorado 2011. (3) For the short title ("Move Over for Cody Act") in SB 17-229, see section 1 of chapter 278, Session Laws of Colorado 2017.