1. (1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to motorcycles operated two abreast in a single lane.
2. (2) The driver of a motorcycle or autocycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken.

3. (3)

   1. (a) A person shall not drive a motorcycle or autocycle between lanes of traffic or between adjacent lines or rows of vehicles.

   2. (b)

      1. (I) Notwithstanding subsections (2) and (3)(a) of this section, the driver of a two-wheeled motorcycle may overtake or pass another motor vehicle in the same lane as the motorcycle if:

         1. (A) The overtaken or passed motor vehicle is stopped;
         2. (B) The motor vehicles in the adjacent lanes, if the lanes are for the same direction of travel as the lane occupied by the two-wheeled motorcycle, are stopped;
         3. (C) The driver of the two-wheeled motorcycle is on a road with lanes wide enough to pass safely;
         4. (D) The passing motorcycle is driving at fifteen miles per hour or less; and
         5. (E) Conditions permit prudent operation of the motorcycle while overtaking or passing.
      2. (II) When the motor vehicles that are being overtaken or passed by the two-wheeled motorcycle begin moving, the driver of the motorcycle shall cease overtaking or passing a motor vehicle pursuant to subsection (3)(b)(I) of this section.

      3. (III) A person overtaking or passing pursuant to this subsection (3)(b) shall not overtake or pass:

         1. (A) On the right shoulder;
         2. (B) To the right of a vehicle in the farthest right-hand lane if the highway is not limited access; or
         3. (C) In a lane of traffic moving in the opposite direction.
      4. (IV) This subsection (3)(b) is repealed, effective September 1, 2027.

   3. (c)

      1. (I) The department of transportation shall analyze data on the safety effects of subsection (3)(b) of this section and issue a report to the general assembly by January 1, 2027. The data and report must include:

         1. (A) Motorcycle rear-end collisions before and after August 7, 2024;
         2. (B) The severity of rear-end collisions in heavy traffic conditions before and after August 7, 2024; and
         3. (C) Motorcycle side-swipe collisions while overtaking or passing at a rate of less than fifteen miles per hour before and after August 7, 2024.
      2. (II) This subsection (3)(c) is repealed, effective July 1, 2028.
4. (4) Motorcycles shall not be operated more than two abreast in a single lane.
5. (5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties.
6. (6) Any person who violates any provision of this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1, 1995. L. 2022: (2) and (3) amended, (HB 22-1043), ch. 361, p. 2581, § 5, effective January 1, 2023. L. 2024: (2) and (3) amended, (SB 24-079), ch. 40, p. 143, § 2, effective August 7.

Editor's note: This section is similar to former § 42-4-1303 as it existed prior to 1994, and the former § 42-4-1503 was relocated to § 42-4-1704.

Cross references: For the legislative declaration in SB 24-079, see section 1 of chapter 40, Session Laws of Colorado 2024.