Colorado § 42-4-232 - Minimum safety standards for motorcycles, autocycles, and low-power scooters.

§ 42-4-232. Minimum safety standards for motorcycles, autocycles, and low-power scooters.

(1) (a) Except as provided in subsection (1)(b) of this section, a person shall not drive a motorcycle, autocycle, or low-power scooter on a public highway unless the person and any passenger in or on the motorcycle, autocycle, or low-power scooter is wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that this subsection (1) does not apply to a person wearing a helmet containing eye protection made of safety glass or plastic.

(b) A person driving or riding an autocycle need not wear eye protection if the autocycle has:

(I) Three wheels;

(II) A maximum design speed of twenty-five miles per hour or less;

(III) A windshield; and

(IV) Seat belts.

(2) The department shall adopt standards and specifications for the design of goggles and eyeglasses.

(3) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passengers.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2266, § 1, effective January 1, 1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1276, § 48, effective October 1. L. 2015: (1) amended, (HB 15-1345), ch. 330, p. 1347, § 2, effective August 5. L. 2022: (1)(a) and IP(1)(b) amended, (HB 22-1043), ch. 361, p. 2581, § 3, effective January 1, 2023.

Editor's note: This section is similar to former § 42-4-231 as it existed prior to 1994, and the former § 42-4-232 was relocated to § 42-4-233.

Cross references: For regulation of motorcycles generally, see part 15 of this article.

ANNOTATION

Annotator's note. Since § 42-4-232 is similar to § 42-4-231 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included in the annotations to this section.

Although a motorcycle is a motor vehicle, the general assembly has occasionally treated it as a class apart from other motor vehicles. This was done in § 42-2-114, which requires a special licensing for the operators of motorcycles. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).

This section is reasonably related to the public health, safety, and welfare. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).

Purpose of section is within police power. The purpose of the requirement of this section that cyclists wear protective helmets is to prevent them from sustaining head injuries, and such purpose is within the police power of the state. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).

Because movement and travel are subject to regulation under the police power of the state, and the effect of this section is to regulate, not prohibit, movement. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).

This section does not create an unconstitutional burden on interstate commerce; it is not discriminatory and does not constitute special legislation prohibited by the Colorado constitution; it is not an unconstitutional burden on the freedom of movement and right to travel; and that portion of this section dealing with goggles and protective glasses is a valid exercise of the police power of the state. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).

The supreme court will invalidate a safety measure enacted by a state only when the total effect of the law as a safety measure in reducing accidents and casualties is so slight or problematical as not to outweigh the national interest in keeping interstate commerce free from interferences which seriously impede it. Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970).