Protect Vulnerable Road Users

Section 1 of the act amends the statute that governs the use of automated vehicle identification systems (AVIS) on roadways other than toll highways operated by a public highway authority or the high-performance transportation enterprise in the department of transportation (CDOT) to:

• Clarify that CDOT and the Colorado state patrol (CSP) have authority to use AVIS to detect traffic violations on any portion of a highway that is owned or maintained by the state (state highway);
• Clarify the notification and coordination process between local governments, CDOT, and the CSP with respect to the use of AVIS on a state highway;
• Authorize CDOT to promulgate rules relating to the use of AVIS where it is not designated for use or implemented on state highways by the later of January 1, 2025, or the date the rules are promulgated;
• Clarify that if the registered owner of a motor vehicle involved in a traffic violation detected by AVIS is engaged in the business of leasing or renting motor vehicles, the registered owner remains liable for payment of a civil penalty assessed for the violation even if the registered owner was not driving the motor vehicle but may obtain payment from the lessor or renter of the motor vehicle and forward the payment to the jurisdiction imposing the civil penalty; and
• Require civil penalties collected by the state for traffic violations detected by AVIS, net of court and operations costs, to be credited to the state highway fund and used only to fund road safety projects, with priority given to those road safety projects that have the highest potential to reduce vulnerable road user injuries and fatalities while taking into account the planning capacity of each region, that protect vulnerable road users.

Section 2 requires CDOT to establish and include in its statutorily required performance plan declining annual targets for vulnerable road user fatalities and, as part of the targets, also establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks.

For state fiscal year 2025-26 and each succeeding state fiscal year, section 3 requires CDOT, after accounting for eligible critical safety-related asset management surface transportation infrastructure projects and as determined by the transportation commission, to expend a specified minimum amount of the money allocated to the state highway fund from the road safety surcharge and certain other fees, fines, and surcharges that are imposed on motor vehicle registrations and dedicated for certain types of road safety projects that protect vulnerable road users.

To guide CDOT in implementing sections 2 and 3, section 4 amends an existing definition of "road safety project" to include certain types of projects that protect vulnerable road users and defines the term "vulnerable road user".

APPROVED by Governor June 5, 2024

EFFECTIVE June 5, 2024
(Note: This summary applies to this bill as enacted.)