CRS § 42-4-705 is the Colorado statute that requires motorists to yield the right-of-way to emergency vehicles. This means moving towards the farthest right-hand lane when an emergency vehicle is approaching and driving with due care when passing a stationary emergency vehicle.
This section is sometimes called “Colorado’s move-over law.”
Examples of unlawful acts
- driving on a roadway and refusing to move over to let an ambulance pass.
- recklessly passing a police car that is parked on the right side of the road with its lights on.
- observing a fire truck, with its sirens on, in a rear-view mirror and failing to move to the right.
Defenses
A person can raise a legal defense to challenge a traffic ticket for this offense. A few common defenses include the driver showing that:
- there was no emergency vehicle,
- an emergency vehicle did not have its sires or flashing lights on, and
- road conditions prevented compliance with the law.
Penalties
A failure to yield to an approaching vehicle is a class A traffic infraction. Penalties include:
- a fine of $15 to $100, and
- four points on the motorist’s driving record.
A failure to yield to a stationary vehicle is typically a class 2 misdemeanor traffic offense. Most cases are punishable by 10 to 90 days in county jail and/or $150 to $300 in fines in addition to four DMV points.
Our Colorado personal injury lawyers will highlight the following in this article:
- 1. When is an offense under CRS 42-4-705?
- 2. Can a motorist raise a legal defense?
- 3. What are the penalties for violating the law?
- 4. Can a failure to yield bring on other charges?
- 5. How does a violation of the statute impact a personal injury lawsuit?
- 6. Are there laws related to this statute?
1. When is the failure to yield to emergency personnel a crime?
According to Colorado Revised Statutes 42-4-705, it is a traffic offense if a driver does not:
- move to the right when approached by an emergency vehicle with its sirens or flashing lights on,1 or
- pass a stationary emergency vehicle, with its sirens on, with due care and caution.
An “emergency vehicle” includes:
- police cars,
- ambulances,
- fire trucks, and
- tow trucks.
2. Can a motorist raise a legal defense?
Traffic attorneys adopt different legal strategies to challenge failure to yield tickets. Some include showing that:
- there was no emergency vehicle.
- an emergency vehicle did not have its flashing lights on.
- unfavorable road conditions made compliance with the law impossible.
No emergency vehicle
This statute says that drivers must yield to emergency vehicles only. This means it is always a defense for a motorist to show that an approaching vehicle, or a stationary vehicle, was not such an automobile.
No sirens or lights on
Recall that a driver only has to yield to an emergency vehicle if it has its siren or flashing lights on. A defense, therefore, is for a motorist to show that a vehicle did not have these turned on.
Unfavorable road conditions
A driver can assert that he could not comply with this law because of unfavorable road conditions. Perhaps, for example, a driver could not yield to an approaching vehicle because of traffic to his right or road construction.
3. What are the penalties for violating the law?
A driver that fails to yield to an approaching emergency vehicle is guilty of a class A infraction.2 The penalties include:
- a maximum fine of $100, and
- four points on the motorist’s driving record.
A driver that fails to yield to a stationary emergency vehicle is guilty of a class 2 misdemeanor traffic offense. If there are no injuries, penalties can include:
- imprisonment in jail of 10 to 90 days,
- a maximum fine of $300, and
- four points on one’s driving record.
If there are injuries, not yielding to a stationary emergency vehicle is a class 1 traffic misdemeanor carrying 10 days to 12 months in county jail and/or $300 to $1,000 in fines. And if death results, the driver faces charges for a class 6 felony carrying one year to 18 months in prison, and/or fines from $1,000 to $100,000.3
4. Can a failure to yield bring on other charges?
A failure to yield can lead to additional charges.
If police stop a motorist for a traffic offense, they can charge or arrest that person with any other offense that they have probable cause to believe he/she committed (e.g., DUI)
5. How does a violation of the statute impact a personal injury lawsuit?
A violation of this statute may help prove that a driver is negligent in a personal injury lawsuit.
“Negligence” means that:
- a party was responsible for causing an accident/injury, and
- must compensate the injured party for any injuries he/she sustained.
6. Are there laws related to this statute?
There are three laws related to this statute. These are:
- obedience to police officers – CRS 42-4-107,
- failure to obey traffic control devices – CRS 42-4-603, and
- unlawful use of an HOV lane – CRS 42-4-1012.
Obedience to police officers – CRS 42-4-107
CRS 42-4-107 is the Colorado statute that says that it is a crime when a person willfully fails to comply with any lawful order of a police officer.
Failure to obey traffic control devices – CRS 42-4-603
CRS 42-4-603 is the Colorado law that prohibits a motorist from failing to obey a traffic control device (e.g., a traffic light or a stop sign).
Unlawful use of an HOV lane – CRS 42-4-1012
CRS 42-4-1012 makes it an offense for any person to use a high occupancy vehicle (HOV) lane when he/she is in violation of restrictions imposed by:
- the Department of Transportation, or
- local authorities.
Legal References:
- CRS 42-4-705(1). The language of the code section states that:
(1) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 42-4-213 or 42-4-222, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(2)(a) A driver in a vehicle shall exhibit due care and caution and proceed as described in subsections (2)(b) and (2)(c) of this section when approaching or passing:
(I) A stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section 42-4-213 or 42-4-222;
(II) A stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or oscillating yellow lights; or
(III) A stationary public utility service vehicle that is giving a visual signal by means of flashing, rotating, or oscillating amber lights.
(b) On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in subsection (2)(c) of this section.
(c)(I) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle; weather conditions; road conditions; and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(II) For the purposes of this subsection (2)(c), the following speeds are presumed to be safe unless the speeds are unsafe for the conditions as provided in section 42-4-1101 (1) and (3):
(A) If the speed limit is less than forty-five miles per hour, twenty-five miles per hour or less; or
(B) If the speed limit is forty-five miles per hour or more, twenty miles per hour less than the speed limit.
(2.5)(a) A driver in a vehicle that is approaching or passing a maintenance, repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5).
(b) On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of this subsection (2.5).
(c) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary or slow-moving maintenance, repair, or construction vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(2.6)(a) A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.6).
(b) On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where chains are being applied to the tires of a motor vehicle, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of this subsection (2.6).
(c) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where chains are being applied to the tires of a motor vehicle, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.6), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the motor vehicle where chains are being applied to the tires, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(3)(a) Any person who violates subsection (1) of this section commits a class A traffic infraction.
(b)(I) Except as otherwise provided in subsections (3)(b)(II) and (3)(b)(III) of this section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in section 42-4-1402.
<Text of (3)(b)(II) effective until March 1, 2022>(II) If the person violates subsection (2) of this section and the person’s actions are the proximate cause of bodily injury to another person, the person commits a class 1 misdemeanor and shall be punished as described in section 18-1.3-501.
<Text of (3)(b)(II) effective March 1, 2022>(II) If the person violates subsection (2) of this section and the person’s actions are the proximate cause of bodily injury to another person, the person commits a class 1 traffic misdemeanor.
(III) If the person violates subsection (2) of this section and the person’s actions are the proximate cause of the death of another person, the person commits a class 6 felony and shall be punished as described in section 18-1.3-401.
- CRS 42-4-705(3)(a).
- CRS 42-4-1402. Prior to March 1, 2022, causing injuries by not yielding to a stationary vehicle was a class 1 misdemeanor carrying 6 to 18 months and/or $500 to $5,000. SB21-271.