Colorado § 42-4-106 - Who may restrict right to use highways - definitions - rules.

§ 42-4-106. Who may restrict right to use highways - definitions - rules.

(1) Local authorities with respect to highways under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be operated upon any such highway, for a total period of not to exceed ninety days in any one calendar year, whenever any said highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.

(2) The local authority enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the permissible weights.

(3) Local authorities, with respect to highways under their jurisdiction, may also, by ordinance or resolution:

(a) Prohibit the operation of trucks or commercial vehicles on designated highways;

(b) Impose limitations as to the weight of trucks or commercial vehicles if the limitations are designated by appropriate signs placed on the highway;

(c) Prohibit the operation of motor or off-highway vehicles upon a roughed-in road when necessary for the protection and safety of the public; or

(d) (I) When snow-packed conditions exist on a highway or for a continuous seasonal period designated by the local authority when snow-packed conditions are, as determined by the local authority, likely to exist on a highway, designate all or a portion of a highway for over-snow use only, which the local jurisdiction may further limit to travel by human-powered or animal-powered means, or both.

(II) As used in this subsection (3)(d), "over-snow use" means travel on top of snow by human-powered or animal-powered means or by an off-highway vehicle that is primarily designed or altered for use over snow and runs without tires on a continuous belt track or on one or more skis while in use over snow.

(III) Nothing in this subsection (3)(d) affects or limits the provisions of section 33-14-110 governing the operation of snowmobiles on any county road, city street, or highway.

(IV) When wheeled winter access is requested along a highway, nothing in this subsection (3)(d) prohibits a local authority from entering into private winter maintenance agreements and such requests shall be considered.

(4) The department of transportation shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of said department, and such restrictions shall be effective when signs giving notice thereof are erected upon the highways or portion of any highway affected by such resolution.

(4.5) (a) The department of transportation has authority to close any portion of a state highway to public travel.

(b) (I) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5) is subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).

(II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5), where the result of the violation is an incident that causes the closure of a travel lane in one or both directions, is subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).

(c) Repealed.

(5) (a) (I) (A) The department of transportation may close any portion of a state highway for public use during dangerous driving conditions, during construction or maintenance operations, or when necessary for the protection and safety of the public.

(B) When icy or snow-packed conditions exist on the highway, the department of transportation may restrict travel on or use of any portion of a state highway by a motor vehicle unless the motor vehicle is equipped with the following: Tire chains or an alternate traction device or tires that have a tread depth of at least three sixteenths of an inch and that are imprinted by a manufacturer with a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weather rated by the manufacturer.

(C) A closure or restriction under this subsection (5) is effective when signs, including temporary or electronic signs, that notify the public of the closure or restriction are erected upon the highway, and the restriction in subsection (5)(a)(I)(B) of this section is effective on any portion of the following corridors located on the western slope from September 1 through May 31 of each year during any conditions that exist on the highway for any commercial vehicle with a declared gross vehicle weight rating of sixteen thousand one pounds or more: Interstate 70 west of milepost 259 (Morrison), Colorado state highway 9 from milepost 63 to milepost 97 (Frisco to Fairplay), U.S. route 40 west of milepost 256 (Empire), U.S. route 50 west of milepost 225 (Salida), U.S. route 160 west of milepost 304 (Walsenburg), U.S. route 285 west of milepost 250 (Morrison), and all of U.S. route 550 from milepost 0 to 130. It is unlawful to proceed when a state highway is closed or to proceed when a restriction is in effect without the equipment required by this subsection (5).

(C.5) A closure or restriction under this subsection (5) is effective on any motor vehicle when signs, including temporary or electronic signs, that notify the public of the closure or restriction are erected upon the highway, and the restriction in subsection (5)(a)(I)(B) of this section is effective on interstate 70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 of each year. It is unlawful to proceed when a state highway is closed or to proceed when a restriction is in effect without the equipment required by this subsection (5).

(D) The Colorado state patrol shall cooperate with the department of transportation in the enforcement of a closing or restriction under this subsection (5).

(E) The driver of a commercial vehicle, including a bus, must affix tire chains or approved alternate traction devices to the number of drive wheel tires required by and in the manner prescribed by the department of transportation's rules governing chain law and passenger vehicle traction law requirements on the state highway system.

(F) A person who violates this subsection (5)(a)(I) commits a traffic infraction and is subject to the penalties in section 42-4-1701 (4)(a)(I)(F).

(G) On August 7, 2024, the office of freight mobility and safety created in section 43-1-117 (4) shall launch an awareness campaign on any laws enacted that modify subsection (5)(a)(I)(C) of this section.

(II) Any person who operates a motor vehicle in violation of restrictions imposed by the department of transportation or the state patrol under subparagraph (I) of this paragraph (a), where the result of the violation is an incident that causes the closure of a travel lane in one or both directions, shall be subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).

(III) A person who violates subparagraph (I) of this paragraph (a) while operating a commercial vehicle shall be subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).

(IV) A person who violates subparagraph (I) of this paragraph (a) while operating a commercial vehicle and the violation causes a closure in a travel lane shall be subject to an enhanced penalty as set forth in section 42-4-1701 (4)(a)(I)(F).

(V) If a fine is enhanced under subparagraphs (III) and (IV) of this paragraph (a), the portion of the fine that exceeds the fine imposed under subparagraph (I) for an enhancement under subparagraph (III), or subparagraph (II) for an enhancement under subparagraph (IV), that is allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred to the state treasurer, who shall deposit it in the highway construction workers' safety account within the highway users tax fund created by section 42-4-1701 (4)(c)(II)(B), to be continuously appropriated to the department of transportation for work zone safety equipment, signs, and law enforcement.

(VI) Subparagraphs (III) and (IV) of this paragraph (a) shall not apply to a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed.

(VII) The Colorado department of transportation shall identify an appropriate place for commercial vehicles to apply chains, if necessary, to comply with subparagraph (I) of this paragraph (a) and provide adequate notice to commercial vehicle operators of such places.

(b) The transportation commission may promulgate rules to implement the provisions of this subsection (5).

(c) As used in this subsection (5):

(I) "Alternate traction device" means a device that is approved by the Colorado department of transportation as capable of providing traction comparable to that of metal chains under similar conditions.

(II) "Equipped" means that a motor vehicle uses or carries the appropriate traction equipment for icy or snow-packed conditions.

(III) "Tire chains" means metal chains consisting of two circular metal loops, one on each side of the tire, connected by no fewer than nine evenly spaced chains across the tire tread.

(6) (a) The department of transportation and local authorities, within their respective jurisdictions, may, for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of workdays for project completion and shall, in conjunction with any such road closure, establish appropriate detours or provide for an alternative routing of the traffic affected when, in the opinion of said department or concerned local authorities, as evidenced by resolution or ordinance, such temporary closing of the highway or portion thereof and such rerouting of traffic is necessary for traffic safety and for the protection of work crews and road equipment. Such temporary closing of the highway or portion thereof and the routing of traffic along other roads shall not become effective until official traffic control devices are erected giving notice of the restrictions, and, when such devices are in place, no driver shall disobey the instructions or directions thereof.

(b) Local authorities, within their respective jurisdictions, may provide for the temporary closing to vehicular traffic of any portion of a highway during a specified period of the day for the purpose of celebrations, parades, and special local events or civic functions when in the opinion of said authorities such temporary closing is necessary for the safety and protection of persons who are to use that portion of the highway during the temporary closing.

(c) The department of transportation, local municipal authorities, and local county authorities shall enter into agreements with one another for the establishment, signing, and marking of appropriate detours and alternative routes which jointly affect state and local road systems and which are necessary to carry out the provisions of paragraphs (a) and (b) of this subsection (6). Any temporary closing of a street which is a state highway and any rerouting of state highway traffic shall have the approval of the department of transportation before such closing and rerouting becomes effective.

(7) (a) The transportation commission may also by resolution and within the reasonable exercise of the police power of the state adopt rules and regulations concerning the operation of any motor vehicle in any tunnel which is a part of the state highway system.

(b) In promulgating such rules and regulations, the transportation commission shall consider the regulations of the public utilities commission and the United States department of transportation relating to the transportation of dangerous articles and may prohibit or regulate the operation of any motor vehicle which transports any article, deemed to be dangerous, in any tunnel which is a part of the state highway system.

(8) (a) Except as provided in paragraph (b) of this subsection (8), a person who violates any provision of this section commits a class B traffic infraction.

(b) A person who violates paragraph (a) of subsection (5) of this section while operating a commercial vehicle commits a class B traffic infraction and shall be punished as provided in section 42-4-1701 (4)(a)(I)(F); except that this paragraph (b) shall not apply to a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed.

Source: L. 94: Entire title amended with relocations, p. 2229, § 1, effective January 1, 1995. L. 96: (5) amended, p. 277, § 1, effective April 11. L. 2002: (5)(a)(II) amended, p. 96, § 1, effective March 26. L. 2007: (5)(a)(III), (5)(a)(IV), (5)(a)(V), (5)(a)(VI), and (5)(a)(VII) added and (8) amended, pp. 1332, 1333, §§ 1, 2, effective August 3. L. 2014: (4.5) added, (HB 14-1021), ch. 188, p. 702, § 1, effective August 6. L. 2019: (5)(a)(I) amended and (5)(c) added, (HB 19-1207), ch. 202, p. 2171, § 1, effective August 2. L. 2021: (3) amended, (SB 21-084), ch. 50, p. 213, § 2, effective September 7. L. 2022: (3)(b) and (3)(c) amended and (3)(d) added, (HB 22-1046), ch. 94, p. 451, § 1, effective April 12. L. 2024: (5)(a)(I)(C) amended and (5)(a)(I)(C.5) and (5)(a)(I)(G) added, (SB 24-100), ch. 207, p. 1275, § 1, effective August 7. L. 2025: (5)(a)(I)(B) amended, (SB 25-069), ch. 196, p. 870, § 1, effective August 6. L. 2026: (5)(a)(I)(B) amended, (HB 26-1237), ch. 117, p. 461, § 1, effective August 12; (5)(a)(I)(E), (5)(a)(I)(G), and (5)(c)(I) amended, (HB 26-1076), ch. 265, p. 1469, § 8, effective August 12.

Editor's note: (1) This section is similar to former § 42-4-410 as it existed prior to 1994, and the former § 42-4-106 was relocated to § 42-4-108.

(2) Subsection (4.5)(c)(II) provided for the repeal of subsection (4.5)(c), effective July 1, 2016. (See L. 2014, p. 702.)

Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).

ANNOTATION

Annotator's note. Since § 42-4-106 is similar to § 42-4-410 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

A town was empowered by the Colorado constitution to adopt an ordinance that restricted truck traffic on two major streets in the town. Carl Ainsworth, Inc. v. Town of Morrison, 189 Colo. 223, 539 P.2d 1267 (1975).

The enforcement of a town ordinance prohibiting truck traffic on two major streets in the town did not operate as an unreasonable, arbitrary, and discriminatory exercise of police power in violation of amendment 14, U.S. Const., and § 25 of art. II, Colo. Const. Carl Ainsworth, Inc. v. Town of Morrison, 189 Colo. 223, 539 P.2d 1267 (1975).

This section allows the board of county commissioners to adopt resolutions prohibiting the operation of through traffic by vehicles upon certain county roads in residential areas since it is a "local authority" under section 42-1-102(38). Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

There is nothing illegal about a state general assembly delegating powers local in nature to local governmental units, provided that the proper constitutional tests are met as to maintaining a separation of powers and nonabrogation of proper responsibility. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

Only local authorities are in a position to determine which streets in a residential area need to be regulated in a "reasonable" manner, or would know about these problems in any detail. It is essential that there be some control for the public welfare in certain neighborhoods of such matters as heavy truck weights which are unsuitable on certain types of roads, excessive noise, congestion, and air pollution, as well as speed regulation. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

Standard of reasonable exercise of police power applies. In addition to guidelines for standards set forth in this section, by virtue of section 42-4-109, the further standard of reasonable exercise of police power applies. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

Discretion relating to police regulation may be validly delegated without restrictions. As a qualification of the general rule, where the discretion to be exercised relates to police regulations for the protection of public morals, health, safety, or general welfare, and it is impracticable to fix standards without destroying the flexibility necessary to enable the administrative officials to carry out the legislative will, legislation delegating such discretion without such restrictions may be valid. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

Reasonableness of classification. Where the regulations apply equally to all trucks in transit through designated residential areas except for those needed for local deliveries, this is a reasonable classification for the protection of the health and safety of such neighborhoods and is based upon a justifiable distinction that is not in the least arbitrary. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).

Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982).