Omar Bennett
In Colorado, there are various traffic laws that govern the operation of vehicles, including emergency vehicles, on the state's highways. One important aspect of these laws is the Move-Over Law, which requires drivers to take specific actions when approaching emergency response vehicles on the roadside. Understanding the definition of a divided highway in Colorado is crucial for both emergency vehicle operators and other motorists to ensure compliance with the Move-Over Law and to maintain the safety of everyone on the road. This topic will explore the specifics of what constitutes a divided highway in Colorado and how it relates to the operation of emergency vehicles.
| Characteristics | Values |
|---|---|
| Definition of a divided highway | A highway with separated roadways, usually for traffic moving in opposite directions |
| Move-over law requirements | Drivers must move into the next lane over from stopped emergency vehicles or slow down if it is not safe or possible to move over |
| Speed limit reduction | If the speed limit is 45 mph or more, drivers must reduce their speed by 20 mph. If the speed limit is 40 mph or less, drivers must reduce their speed to below 25 mph |
| Violation consequences | Fines, fees, and in certain circumstances, even jail time |
| Defenses to violations | The stopped vehicle did not have visible lights or audible sirens, or the driver slowed down below the posted speed limit |
| Authorized emergency vehicle exemptions | Parking or standing irrespective of provisions, proceeding past stop signals, exceeding speed limits, disregarding direction regulations |
| Authorized emergency vehicle requirements | Use of audible and visual signals, carrying a designation required by State law |
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Move-over law
In the United States, each state has implemented some form of a move-over law to protect emergency responders. However, the specifics of the law vary slightly by state. In Colorado, the move-over law has been enhanced to provide greater protection for people and their vehicles on the side of the road. This law requires drivers to move over a lane whenever they encounter any stationary vehicle on a highway with its hazards flashing. If drivers cannot safely move over, they must slow down to at least 20 mph below the posted speed limit. Specifically, drivers must slow down to 25 mph or less in a 40 mph zone and by at least 20 mph in a 45 mph or higher zone.
The Colorado move-over law specifically requires drivers to move over for several categories of vehicles, including emergency response vehicles, construction vehicles, tow trucks, maintenance vehicles, and passenger vehicles. It is a common misconception that drivers are only required to move over for police cars and ambulances. Failure to yield to passing emergency vehicles is a traffic infraction in Colorado.
The penalties for failing to move over or slow down for a disabled vehicle in Colorado include a Class 2 misdemeanour traffic offence, with a possible fine of $150 and a 3-point license violation. If a driver negligently fails to obey Colorado's move-over law and causes a traffic accident, they could be held civilly liable for damages. In some circumstances, a violation can even lead to jail time.
The Colorado Department of Transportation (CDOT) and the Colorado State Patrol have launched campaigns to educate drivers about the move-over law and raise awareness of the dangers to stationary vehicles. Despite these efforts, many Americans are still unaware of the law, and far too many motorists fail to abide by it, causing a great risk to commuters, emergency responders, and stranded motorists.
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Emergency vehicle privileges
In Colorado, emergency vehicles are granted certain privileges that allow them to respond to emergencies effectively. These privileges are outlined in the state's statutes and are designed to facilitate the work of emergency responders while also ensuring the safety of other road users. Here are the key emergency vehicle privileges in Colorado:
Right-of-Way
Colorado's Move-Over Law requires drivers to yield the right-of-way to approaching emergency vehicles. When an authorized emergency vehicle uses audible or visual signals, other drivers must move to the next lane or slow down if changing lanes is unsafe or impossible. This law applies to both stationary and passing emergency vehicles and helps protect emergency responders during routine traffic stops or emergencies on the roadside.
Parking
Drivers of authorized emergency vehicles may park or stand their vehicles irrespective of regular parking regulations. This privilege allows emergency responders to park as needed when responding to an emergency, even if it means temporarily blocking traffic or parking in restricted areas.
Traffic Signals and Speed Limits
In certain situations, emergency vehicle operators may proceed past red lights or stop signs after slowing down to ensure safe passage. They are also permitted to exceed the maximum speed limit as long as they do not endanger life or property. These privileges enable emergency responders to navigate through traffic faster and reach their destinations more quickly.
Directional Regulations
Drivers of authorized emergency vehicles may disregard regulations governing the direction of movement or turning in specified directions. This flexibility allows them to navigate through traffic and choose the most efficient route to their destination during an emergency.
Visual and Audible Signals
For the exemptions mentioned above to apply, emergency vehicles must use audible and visual signals that meet state law requirements. These signals include flashing lights and sirens, which help alert other drivers to the presence of an emergency vehicle and the need to yield or clear a path.
It is important to note that these privileges come with the responsibility to drive with due regard for the safety of all persons. Emergency vehicle operators are expected to exercise good judgment and not endanger the public while utilising these privileges. Additionally, failure to yield to emergency vehicles or move over for stationary emergency vehicles can result in fines, jail time, or civil liabilities if an accident occurs.
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Traffic violations
In Colorado, traffic violations are taken very seriously, with a range of laws in place to ensure the safety of all road users. One of the most important laws is the 'Move Over' law, which is designed to protect roadside drivers, including emergency response personnel. This law requires drivers to move into the adjacent lane when approaching a stopped emergency vehicle. If moving over is not possible or safe, drivers must reduce their speed by 20 mph if the speed limit is 45 mph or higher, or below 25 mph if the speed limit is 40 mph or less. This law is considered so important that failure to comply is classified as a Class 2 misdemeanour, resulting in potential jail time and a substantial fine.
Another key aspect of traffic law in Colorado relates to the definition of a 'divided highway'. A divided highway is a road with separate lanes for traffic moving in opposite directions. This separation is indicated by clear markings on the road. Divided highways are common in urban areas, where they provide access to the rear or side of lots or buildings and are not intended for through traffic.
When it comes to emergency vehicles in Colorado, there are specific privileges and exemptions that apply. For example, the driver of an authorised emergency vehicle may park or stand irrespective of regular parking regulations. They may also proceed past a stop signal or sign, but only after slowing down to ensure safe operation. Additionally, they are permitted to exceed the speed limit, as long as they do not endanger life or property. To make use of these exemptions, emergency vehicles must use audible and visual signals, such as sirens and lights, to alert other road users.
It is worth noting that the 'Move Over' law applies not only to emergency vehicles but also to construction vehicles, tow trucks, and public utility vehicles. Motorists are required to move over or slow down when approaching any of these vehicles stopped on the side of the road. This law is in place to protect not just the drivers of these vehicles but also any stalled motorists who may be on the side of the road and at risk from passing traffic. Failure to comply with this law can result in criminal charges and civil liability if an accident occurs.
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Penalties
In Colorado, failing to move over or slow down for a roadside emergency vehicle is considered careless driving, which can result in penalties. The penalties for failing to adhere to the move-over law in Colorado are as follows:
Fines and Fees
Motorists who fail to move over or slow down for emergency vehicles can face fines and fees. The fine for a first-time offence can be up to $300, with the possibility of additional surcharges.
Jail Time
In certain circumstances, failing to move over can result in jail time. For a Class 2 misdemeanour traffic infraction, an individual may face up to 90 days in jail. If the violation results in bodily injury to another person, it becomes a Class 1 misdemeanour, punishable by a minimum of six months and up to 18 months in jail.
License Consequences
A failure to move over violation can also have consequences on an individual's driver's license. The DMV may add points to the driver's license, which can have further implications on insurance rates and driving privileges.
Felony Charges
If a motorist's failure to move over or slow down causes an accident that results in death, the charge becomes a Class 6 felony. This is a serious offence that can lead to one to two years in prison, a significant fine of up to $100,000, or both.
Civil Liabilities
In addition to criminal charges, individuals who fail to obey the move-over law may face civil liabilities if their negligence causes injury or death to emergency response personnel or stalled motorists. They could be held civilly liable for damages and may be responsible for compensating the affected individuals or their families.
It is important for drivers in Colorado to be aware of the move-over law and the potential penalties to ensure the safety of roadside emergency vehicles and personnel.
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Defences
- The stopped vehicle did not have visible lights or audible sirens.
- The driver slowed down below the posted speed limit.
- Challenging the police officer's opinion or evidence.
- Even without enough evidence to dismiss the case, a knowledgeable defence attorney may obtain a charge reduction or favourable plea.
Colorado's move-over law requires drivers to move into the adjacent lane when approaching a stationary emergency vehicle. If moving lanes is unsafe or impossible, drivers must reduce their speed by 20 mph if the speed limit is 45 mph or higher, or below 25 mph if the speed limit is 40 mph or lower.
Failing to move over is generally a Class 2 misdemeanour traffic infraction in Colorado, punishable by up to 90 days in jail and a fine of up to $300. If a driver negligently fails to obey the move-over law and causes a traffic accident, they can be held civilly liable for damages.
The law grants exemptions to authorised emergency vehicles, such as ambulances and police cars, when responding to emergencies, pursuing suspected law violators, or performing legitimate police enforcement activities. These vehicles may park or stand irrespective of regular provisions, proceed past stop signals, exceed speed limits without endangering life or property, and disregard turning regulations. However, these exemptions are conditional on the use of audible and visual signals, and emergency drivers must carry the required designation and drive with due regard for the safety of all persons.
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Frequently asked questions
Colorado's Move-Over Law requires all drivers to move into the next lane over from stopped emergency vehicles.
Failure to yield to passing emergency vehicles is a traffic infraction in Colorado. Motorists who fail to move over or slow down for a roadside emergency vehicle are guilty of careless driving, which can result in up to 90 days in jail and a fine of up to $300.
Common defenses include arguing that the stopped vehicle did not have visible lights or audible sirens, or that you slowed down below the posted speed limit.
An authorized emergency vehicle in Colorado is one that has been designated by the State Motor Vehicle Agency as being used for the preservation of life or property, or for the execution of emergency governmental functions. These vehicles are equipped with audible and visual signals that meet the requirements of State law.
The driver of an authorized emergency vehicle in Colorado may park or stand irrespective of regular provisions, proceed past stop signals, exceed the speed limit without endangering life or property, and disregard regulations governing direction of movement.
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