Colorado § 42-4-1812 - Exemptions.

§ 42-4-1812. Exemptions.

(1) Nothing in this part 18 shall be construed to include or apply to the driver of any disabled motor vehicle who temporarily leaves such vehicle on the paved or improved and main-traveled portion of a highway, subject, when applicable, to the emergency lighting requirements set forth in section 42-4-230.

(2) Nothing in this part 18 shall be construed to include or apply to authorized emergency motor vehicles while such vehicles are actually and directly engaged in, coming from, or going to an emergency.

Source: L. 2002: Entire part amended with relocations, p. 476, § 1, effective July 1.

Editor's note: This section is similar to former § 42-4-1813 as it existed prior to 2002, and the former § 42-4-1812 was relocated to § 42-4-1811.

ANNOTATION

Annotator's note. Since § 42-4-1812 is similar to § 42-4-1813 as it existed prior to the 2002 amendment to part 18 of article 4 of title 42, which resulted in the relocation of provisions, relevant cases decided under former provisions similar to that section have been included in the annotations to this section.

Section limited to situations where a motor vehicle is parked on a highway. It cannot always be extended to cover situations where a stop is necessitated because traffic in one's own lane has stopped, obstructing the flow of traffic. Thus, violation of this statute may not constitute negligence per se. Parker v. Couch, 145 Colo. 209, 358 P.2d 609 (1960).

Circumstances under which section does not apply. Where the condition of the traffic was such that the truck driver had the right to slow down, and even to stop, prior to making the left-hand turn, provided he gave the statutory signals, this section, relating to parking outside of a business or residence does not apply. Hinkle v. Union Transf. Co., 229 F.2d 403 (10th Cir. 1955).