Sec. A. Statutory Requirement 42-4-212.5. Visual signals on service vehicles. (5) On or before October 1, 1977, the State Department of Highways shall detarmine by rule and regulation which types of vehicles render an essential public service when operating on or along a roadway and warrant designation as authorized service vehicles under specified conditions. (Sec. 3, H.B. 1039, S.L. 1977) Purposes of the rule making action are explained in the Economic Impact Statement accompanying the regulations.

Sec. B. Statutory Definition 42-1-102(5.3). “Authorized service vehicle” means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by State law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the State Department of Highways under Section 42-4-212.5(5). Some vehicles may be designated as both an authorized emergency vehicle and as an authorized service vehicle. (Sec. 1, H.B. 1039, S.L. 1977)

Sec. C. Designation (1) The following types of privately owned and operated highway vehicles are found to render an essential public service when operating on or along a roadway and are, therefore, designated as “Authorized service vehicles” to be equipped with one or more flashing, oscillating, or rotating yellow warning lights for use as hereinafter specified:

(a) Auto reacue vehicles (commercially operated and identified by insignia or equipment);

(b) Pilot vehicles eacorting oversize equipment or wide loads;

(c) Pilot vehicles accompanying mobile homes—pursuant to C.R.S. 42-4-409(6);

(d) Public utility vehicles—operated by companies described in C.R.S. 39-4-101, such as those providing power, light, telephone and sanitation services;

(e) Tow trucks or wreckers;

(f) Tree service equipment (g) Land Surveyor Vehicles (2) The foregoing designations of “Authorized service vehicles” do not include highway or traffic maintenance vehicles that are publicly owned and operated on a highway by or for a governmental agency, the function of which of which usually requires the use of service vehicle warning lights as prescribed by State law. Such designations are expected to be properly made by the concerned governing body or controlling agency. In the case of the Department of Highways' vehicles and equipment appropriate designations will be recommended by the Staff Maintenance Branch and Staff Traffic Branch for the approval of the Chief Engineer or his deputy for “Operations,” and subsequently made a “policy directive” of the Department.

(3) Upon request or application in writing to its Headquarters Office at 4201 East Arkansas Avenue, Denver, Colorado 30222, the Department of Highways will consider proposed additions to the foregoing list of approved types or classes of authorized service vehicles. However, in order to maintain the uniformity and control desired by the General Assembly and to eliminate unwarranted use of yellow warning lights on vehicles using the public highways, requests of a personal nature for individual convenience or accommodation, that cannot be related to a public service function, will not be approved.

(4) The Department of Highways reserves the right to review and amend its official designation of “authorized service vehicles” whenever necessary under the established administrative procedure for such change.

(5) The statutes provide that some vehicles may be designated as both an “authorized emergency vehicle,” (as administered by the State Motor Vehicle Division pursuant to C.R.S. 42-4-106(5), and as an “authorized service vehicle,” as administered by the State Department of Highways. (At the present time the only known type of vehicle carrying the dual designation is the fire-wrecker vehicle used for the Eisenhower Tunnel).

Advisory Guidelines Concerning Compliance with Relevant Statutory Requirements Sec. D. Standards for Warning Lights H. B. 1039 strikes the requirement formerly contained in C.R.S. 42-4-221(4) that the Department of Highways adopt standards and specifications for flashing lamps on highway construction and maintenance equipment. Instead, the statute itself prescribes the basic standards for all flashing warning lights, as follows:

(1) One or more lamps mounted as high as practicable, capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Lighted directional signs used by police and highway departments to direct or control traffic need not be visible except to the front or rear.

(2) Lamps to have sufficient intensity to be visible at 500 ft. in normal sunlight.

(3) Authorized service vehicles must be equipped with warning lamps, as required by C.R.S. 1973, 42-4- 212.5(1). The vehicle operator must determine when the operation of his vehicle creates such a hazard to other traffic as to warrant operation of the warning lamps. The option of using one or more flashing, oscillating, or rotating yellow lights is left to the discretion of the person or agency responsible for the vehicle's operation. Practical considerations must be taken into account in this selection, but uniformity of application is desirable where possible. A flamboyant or extravagant array of lights exceeding what is required for advance visibility should be avoided. In the case of escort vehicles for mobile homes no more than three flashing lights are permitted by law. One of these lights should be mounted at the rear of the mobile home itself.

Sec. E. Use of Warning Lights (1) Under the provisions of H.B. 1039 operators of authorized service vehicles, as designated by the Department of Highways, may activate the prescribed warning lamps only when the vehicle is operating upon the roadway (traveled way) in such a manner as to create a hazard to other traffic: for example, when the vehicle of a public utility company is necessarily parked or moving slower than traffic flow on or along & roadway in order to construct, remove, repair, maintain or inspect a public utility facility.

(2) Service vehicles authorized to operate also as emergency vehicles must also be equipped to comply with signal requirements for emergency vehicles; otherwise the traffic privileges accorded them by law may not be exercised. Authorized emergency vehicles are permitted to use emergency signals only when responding to an emergency call or performing an emergency function.

(3) Operators of warning lights are advised that the use of such lights does not relieve them from the obligation of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are also required (such as the emergency lighting equipment specified in C.R.S. 42-4-227).

Sec. F. Meaning of Warning Lights for Drivers (1) Drivers are required by law to exercise more than ordinary care and caution in approaching, overtaking, or passing any authorized service vehicle that is performing its service function and is displaying the prescribed yellow warning light(s).

(2) In the case of highway and traffic maintenance equipment actually engaged in work upon the highway drivers are, in addition, required by law to yield the right-of-way when the prescribed flashing warning light(s) are displayed on such equipment.

Sec. G. Penalty and Enforcement State law makes it a class 4 traffic offense ($5-$100 fine, no points) to violate any statutory provision concerning the visual signals on service vehicles: These provisions relate to such matters as color, visibility, authorized use, operating rules and driver compliance. On or after January 1, 1978 it will be unlawful for any vehicle to be equipped with the warning lights prescribed for service vehicles unless such vehicle has been designated as an “authorized service vehicle” as provided by law, and as described in the foregoing rules and regulations.

Sec. H. Distribution of Regulations Copies of these rules, regulations and guidelines shall be made available by the Administrative Division of the Department of Highways to all counties, cities and counties, and incorporated cities and towns of the State.