42-4-1402.5. Vulnerable road user - prohibition - violations and penalties - definition.

Statute text

(1) Definition. As used in this section, unless the context otherwise requires, "vulnerable road user" means:

(a) A pedestrian;

(b) A person engaged in work upon a roadway or upon utility facilities along a roadway;

(c) A person providing emergency services within a right-of-way;

(d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way;

(e) A person riding or leading an animal; or

(f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway:

(I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;

(II) A farm tractor or similar vehicle designed primarily for farm use;

(III) A skateboard;

(IV) Roller skates;

(V) In-line skates;

(VI) A scooter;

(VII) A moped;

(VIII) A motorcycle;

(IX) An off-highway vehicle;

(X) An animal-drawn, wheeled vehicle;

(XI) Farm equipment;

(XII) A sled;

(XIII) An electric personal assistive mobility device;

(XIV) A wheelchair;

(XV) A baby stroller;

(XVI) A nonmotorized pull wagon; or

(XVII) An autocycle.

(2) Prohibition. A person who drives a motor vehicle in violation of section 42-4-1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 42-4-1601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.

(3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor.

(b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to:

(I) Attend a driver improvement course in accordance with section 42-4-1717; and

(II) Perform useful public service for a number of hours, which must not exceed three hundred twenty hours, to be determined by the court in accordance with section 18-1.3-507.

(c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to:

(I) License suspension in accordance with section 42-2-127; and

(II) An order of restitution under part 6 of article 1.3 of title 18.

History

Source: L. 2019: Entire section added, (SB 19-175), ch. 331, p. 3070, 2, effective May 29. L. 2022: (1)(f)(XV) and (1)(f)(XVI) amended and (1)(f)(XVII) added, (HB 22-1043), ch. 361, p. 2587, 24, effective January 1, 2023.