New Colorado Law: What You Need to Know About Distracted Driving Rules

Colorado’s legislature convenes from January to May, and every year, Representatives and Senators, along with the Governor, create new laws and pass a balanced budget. Colorado has a unique process in that Representatives and Senators can introduce five bills, and all five can get a hearing. This process differs from other states that require leadership approval before a hearing is granted. While staying current with new laws passed can be challenging, here’s some helpful information on a law that recently went into effect regarding distracted driving.

Don’t use your cell phone while operating a motor vehicle. The new law defines using a cell phone as a driver holding a cell phone in their hand or “pinning” a cell phone device to a driver’s ear for voice-based communications.

Drivers can’t watch videos on a cell phone, unless it is related to the navigation of the vehicle.

Drivers are not permitted to write, send or read text-based communications, unless they utilize voice-based communication that is automatically converted by the cell phone to be sent as a message in written form, or communication concerning the navigation of a motor vehicle.

You may be wondering how “operation of a vehicle,” is defined.

Operating a motor vehicle means “driving a motor vehicle on a public highway,” but does not include when the motor vehicle is “at rest in a shoulder lane or lawfully parked.”

There are exceptions to the new law. It’s not a violation if the driver is contacting a public safety entity, during an emergency, when an employee or contractor of a utility is acting within the scope of the employee’s or contractor’s duties when responding to a utility emergency. There are also exceptions when an employee or contractor of a city or county is acting within the scope of the employee’s or contractor’s duties as a code enforcement officer or animal projection officer, or during the performance of a first responder’s official duties.

If you haven’t done so already, you may consider purchasing a hands-free accessory for your cell phone while driving. If you’re a first-time violator, the charge can be dismissed if you provide proof of purchasing hands-free technology such as a Bluetooth headset, dashboard mounts, or auto and car speakerphone systems. Repeat offenders could have increased fees and driver’s license suspension points.

I recently purchased a hands-free accessory that is unfortunately ineffective at holding my cell phone without it falling. When looking for a device, make sure you purchase one that works!

You can read the entire statute at C.R.S. § 42-4-239.