Section 42-2-127.1 - Driving improvement course - points waiver - rules - definitions - notice to revisor of statutes - repeal(1) As used in this section, unless the context otherwise requires: (a) "Commercial driver's license" has the meaning set forth in section 42-2-402 (1).(b) "Commercial driving school" has the meaning set forth in section 42-2-601 (2).(c) "Driving improvement course" means a class that is offered by a commercial driving school and that, when approved by the department, qualifies an individual who successfully completes the course for a points waiver.(d) "Point" means a license suspension point as described in section 42-2-127.(e) "Points waiver" or "waive points" means a reduction in, or the lowering of, the number of points assessed for a specific conviction.(2)(a) Notwithstanding section 42-2-127, the department shall promulgate rules that allow an individual who has been convicted of a traffic infraction or a misdemeanor traffic offense to obtain a points waiver after successfully completing a driving improvement course. The rules must: (I) Set the number of points assessed for a conviction that may be waived for an individual who successfully completes a driving improvement course;(II) Specify how often an individual may claim a points waiver;(III) Establish procedures for claiming a points waiver;(IV) Establish a process for a commercial driving school to have a driving improvement course approved by the department; and(V) Set the amount of each of the fees authorized in subsection (4) of this section. The amount of each fee must be rounded to the nearest dollar, and both fees must be set so that the fees are reasonably related to the direct and indirect costs of the program created in this section.(b)(I) In order to qualify for a points waiver, an individual must have successfully completed a driving improvement course that is approved by the department in accordance with subsection (3) of this section and rules promulgated under subsection (2)(a) of this section. In accordance with the rules promulgated under subsection (2)(a) of this section, the department shall waive points assessed for a conviction when an individual demonstrates to the department that the individual has successfully completed a driving improvement course and is eligible for a points waiver based on completion of the driving improvement course. The individual may attend a driving improvement course at a physical location or take a driving improvement course offered online.(II)(A) Subsection (2)(b)(I) of this section takes effect on the earlier of January 1, 2027, or when the department promulgates the rules required by subsection (2)(a) of this section. The executive director of the department shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (2)(b)(II)(A) has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. Subsection (2)(b)(I) of this section takes effect upon the earlier of January 1, 2027, or the date identified in the notice that the department has promulgated the rules required in subsection (2)(a) of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.(B) This subsection (2)(b)(II) is repealed, effective July 1, 2027.(3) To obtain approval of a driving improvement course, a commercial driving school must apply to the department in the manner specified in rules promulgated under subsection (2)(a) of this section and must demonstrate that the driving improvement course provides education in the traffic laws of this state, recognition of hazardous traffic situations, and traffic accident prevention.(4) The department may charge a commercial driving school the following fees as established in rules promulgated under subsection (2)(a) of this section:(a) A fee to approve a driving improvement course; and(b) A fee for each individual who claims a points waiver for completing a driving improvement course offered by the commercial driving school.(5) This section does not authorize the issuance of a points waiver to an individual who: (a) Committed a traffic infraction or misdemeanor traffic offense while operating a motor vehicle under the authority of a commercial driver's license; or(b) Is convicted of a violation described in section 42-2-127 or article 4 of this title 42 committed while driving a commercial motor vehicle.Amended by 2024 Ch. 490,§ 101, eff. 8/7/2024.Added by 2024 Ch. 391,§ 1, eff. 8/7/2024, app. to convictions for traffic infractions occurring on or after 8/7/2024.(1) Section 2(2) of chapter 391 (HB 24-1250), Session Laws of Colorado 2024, provides that the act adding this section applies to convictions for traffic infractions occurring on or after August 7, 2024.
(2) Section 102(2)(b) of chapter 490 (HB 24-1450), Session Laws of Colorado 2024, provides that the act changing this section takes effect only if HB 24-1250 becomes law and takes effect either upon the effective date of HB 24-1450 or upon the effective date of HB 24-1250, whichever is later. HB 24-1250 became law and took effect August 7, 2024, and HB 24-1450 took effect August 7, 2024.
(3) As of publication date, the revisor of statutes has not received the notice referred to in subsection (2)(b)(II)(A).
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2024 Ch. 391, was passed without a safety clause. See Colo. Const. art. V, § 1(3).