Home Join Donate Shop Contact

 

Explore

Visa MasterCard American Express Discover
 

House Bill 1104 - "Right-of-Way Bill"

 

UPDATE: RIGHT-OF-WAY BILL TAKES SHARP TURN

After Colorado’s House and Senate added unfavorable amendments initiated by the trucking industry to House Bill 1104, sponsor Rep. Don Marostica decided to kill the bill.

“We need to make sure the justice system has the proper tools to discourage dangerous behaviors like right-of-way offenses,” Rep. Marostica said.

The original bill endorsed by Bicycle Colorado was initiated to close a legal loophole and create appropriate consequences for persons failing to yield right-of-way. The final amendments drastically changed the bill and essentially would have created an even larger legal loophole for right-of-way offenses with insufficient penalties.

"A failure-to-yield crash can have dire consequences,” said Sen. Greg Brophy, bill co-sponsor. “Our laws should not treat these offenses lightly."

Sponsored by Rep. Marostika and Sen. Brophy, HB1104 hoped to create a new Class 1 misdemeanor traffic offense called “aggravated right of way offense.” Right of way infractions are responsible for many crashes involving bicycles and motor vehicles.

WHY THIS IS IMPORTANT:
By creating an “aggravated right-of-way” Class 1 misdemeanor traffic offense, the justice system will have additional tools dealing with cases which involve bodily injury or death. This gives added protection to bicyclists involved in right-of-way crashes.

 Yield Right of Way Examples of Right-of-Way Situations:
  • Turning left
  • Entering a roadway
  • Emerging from or entering into an alley, driveway or building
  • Approaching or entering an intersection
  • Overtaking or passing a vehicle (bicycles are vehicles)

Under the current system, those at fault may be charged with a Class 2 failure to yield right of way with penalties as minor as a $10 fine. The “aggravated right-of-way” offense proposed in HB 1104 is a Class 1 Misdemeanor traffic offense, with penalties listed in the table below. Misdemeanor traffic offenses: (Source: Colorado Revised Statutes 42-4-1701)
Class 

 Minimum Sentence

Maximum Sentence 

Status 

 1

$100 fine, or 10 days imprisonment, or both$1,000 fine, or 1 year imprisonment, or bothProposed level in HB 1104 for Right of Way offenses resulting in bodily injury or death

 2

$10 fine, or 10 days imprisonment, or both$300 fine, or 90 days imprisonment, or bothCurrent level for all Right of Way offenses

Has this happened to you?

We are collecting examples from Colorado bicyclists who were involved with a car-bike crash where the driver received a citation for failing to yield right of way.  If you are willing to add your experience to our list, please email dan "at" bicyclecolorado.org with the subject line "Right of Way".
 

Feature Items

Bicycle Colorado Share the Road Jersey
Bicycle Colorado Share the Road Jersey
$84.99

Share the Road Jersey

When you’re on your bike, remind drivers to share the road safely and pass you with care by wearing a new Share the… [more]
Latitude 40 NEW! Salida Buena Vista
Latitude 40 NEW! Salida Buena Vista
$11.95

Based in Nederland CO, Latitude 40 produces gorgeously detailed and thoroughly researched trail maps. The maps are printed on tear resistant,… [more]
Bicycle Colorado New Bicycle Colorado Jersey
Bicycle Colorado New Bicycle Colorado Jersey
$79.95

Bicycle Colorado Jersey The New Bicycle Colorado Jersey is here! Look good while supporting bicycling in Colorado. Micropelle fabric keeps you… [more]

Bicycle Colorado | 1525 Market Street, Suite 100 |  Denver, CO  80202 

Phone 303.417.1544 |  Fax 303.825.1038 |  Email info@BicycleColorado.org