Mobile Electronic Devices & Motor Vehicle Driving

Current law prohibits an individual who is under 18 years of age from using a wireless telephone when driving. Effective January 1, 2025, the act applies the prohibition to an individual who is 18 years of age or older and updates the term "wireless telephone" to " mobile electronic device". The act does not apply to an individual with a commercial driver's license who is operating a commercial vehicle. The following uses of mobile electronic devices are exempted:

• By an individual contacting a public safety entity;
• By a individual during an emergency;
• By an employee or contractor of a utility when responding to a utility emergency;
• By an employee or contractor of a city or county acting within the scope of the employee's or contractor's duties as a code enforcement officer or animal protection officer; or
• By a first responder.

It is not a violation of the act to use a mobile electronic device in a motor vehicle that is at rest in a shoulder or lawfully parked.

To cite an individual for a violation of the act, a law enforcement officer must see the individual use a mobile electronic device in a manner that caused the individual to drive in a careless and imprudent manner. The penalties for a violation are:

• For a first offense, $75 and 2 license suspension points;
• For a second offense within 24 months, $150 and 3 license suspension points; and
• For a third or subsequent offense within 24 months, $250 and 4 license suspension points.

A violation will be dismissed if the individual produces proof of purchase of a hands-free accessory and affirms, under penalty of perjury, that the defendant has not previously claimed this option to dismiss.

Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The act clarifies that the peace officer must record whether the act has been violated.

The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, is required to create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving.

APPROVED by Governor June 5, 2024

PORTIONS EFFECTIVE August 7, 2024

PORTIONS EFFECTIVE January 1, 2025
(Note: This summary applies to this bill as enacted.)