New Driving Laws in Colorado: 2025 Update

General
January 29, 2025
New Driving Laws in Colorado: 2025 Update

Colorado has implemented several new driving laws for 2025 aimed at improving road safety and ensuring the well-being of its residents. Colorado’s new driving laws address mobile device usage while driving, child passenger safety, and firearm storage in vehicles. Below, the Colorado personal injury lawyers at Bowman Law provide a breakdown of Colorado’s new driving laws entail and how they may affect you as a driver in Colorado.

Mobile Electronic Devices & Motor Vehicle Driving

We have all witnessed the impacts of using a cellular phone while driving. Our Colorado personal injury lawyers have seen a steady increase in accidents caused by drivers using cell phone. Fortunately, the Colorado legislature has enacted laws to help make driving safe for motorists. Senate Bill 24-065 introduces more stringent rules regarding the use of mobile electronic devices while operating a vehicle, with the goal of reducing distracted driving incidents, which are among the leading causes of accidents in Colorado.

Prohibition of Handheld Devices

The new law prohibits drivers from holding or manually using mobile electronic devices while driving. This includes activities such as texting, making phone calls, or using apps. Drivers may, however, use hands-free technology, such as Bluetooth or voice-activated commands, to operate their devices while keeping their hands on the wheel.

Penalties for Violations

The penalties for violating this law are designed not only to enforce compliance. A first offense results in a $75 fine and two license suspension points, while a second offense within 24 months carries a $150 fine and three points. For those who repeatedly violate the law, a third offense within the same timeframe will result in a $250 fine and four license suspension points. These escalating penalties are intended to deter drivers from engaging in behaviors that could lead to accidents and fatalities.

The implementation of these penalties is crucial for public safety. Distracted driving has been shown to significantly increase the risk of accidents, endangering not only the driver but also passengers, pedestrians, and other motorists. By imposing fines and points, the law aims to create a strong disincentive for using mobile devices while driving, encouraging safer habits and reducing the likelihood of preventable tragedies.

Use in Parked Vehicles

Drivers are permitted to use mobile devices in limited circumstances. This provision allows individuals to safely use their devices without violating the law, reducing the risk of distracted driving while the vehicle is in motion. A vehicle is considered “lawfully parked” if it is completely stopped in a designated parking space or pulled over to the side of the road in a safe and legal manner. Drivers must ensure their vehicle is not obstructing traffic or creating a hazard to others while parked.

This exception is particularly useful for situations where drivers need to make urgent phone calls, send text messages, or use navigation apps without compromising safety. For instance, a driver who needs to respond to an important email can pull into a parking lot, use their device, and resume driving only when it is safe to do so. By providing this allowance, the law strikes a balance between enforcing safe driving practices and accommodating the practical needs of modern drivers.

Secondary Offense Classification

A secondary offense classification means that law enforcement officers can only issue a citation for mobile device use if the driver is simultaneously committing a primary traffic offense. Primary offenses include actions such as running a red light, speeding, reckless driving, or failing to yield. The intent behind making mobile device violations a secondary offense is to prevent over-policing and ensure that citations are issued only in situations where overall traffic safety is already compromised.

This classification recognizes the balance between encouraging compliance and respecting the practical challenges of enforcement. For example, if a driver is seen holding their phone but is otherwise driving safely and adhering to traffic laws, an officer cannot issue a citation solely for mobile device use. However, if the same driver runs a stop sign while holding their phone, the officer can issue a ticket for both the primary offense (running the stop sign) and the secondary offense (using a mobile device).

By requiring a primary offense as a prerequisite, this classification aims to focus enforcement efforts on genuinely dangerous behaviors, reducing the risk of unfair citations while still promoting safer driving habits. Drivers are encouraged to adopt hands-free technology not only to comply with the law but also to minimize distractions and prioritize safety on the road.

Exceptions

The law provides exceptions for emergency situations, such as calling 911 or contacting law enforcement in urgent circumstances. The Colorado personal injury lawyers at Bowman Law encourage readers to familiarize themselves with hands-free options to comply with the law and contribute to safer roadways in Colorado.

Enhanced Child Passenger Safety Requirements

According to the Insurance Institute for Highway Safety, car accidents remain the leading cause of death for children in the United States. Unfortunately, improperly installed car seats continue to be a major factor. In 2023, for example, 78% of car seats inspected by child passenger safety technicians in Colorado were not used correctly or were not installed properly. This figure is an increase from 2022 when the misuse rate was under 70%.

On June 4, 2024, Governor Jared Polis signed House Bill 24-1055, updating Colorado’s child restraint system law for the first time in 14 years. The updates reflect the latest research and recommendations on child passenger safety, ensuring the laws keep pace with evolving practices. House Bill 24-1055 prioritizes child passenger safety by introducing stricter requirements for child restraint systems, ensuring the well-being of young passengers in vehicles.

Requirements for Children Under Two

Children under the age of two must be secured in rear-facing restraint systems if they weigh less than 40 pounds. This marks a significant change from the previous law, which applied only to children under the age of one and under 20 pounds. For children under two who weigh over 40 pounds, either a rear-facing or forward-facing restraint system may be used.

Requirements for Children Aged Two to Four

Children who are at least two years old but less than four years old must be restrained in a rear-facing or forward-facing child car seat. If the vehicle has a rear seat, the restraint system must be placed in the rear seat to maximize safety.

Requirements for Children Aged Four to Eight

Children between the ages of four and eight who weigh at least 40 pounds must use a child restraint system or booster seat. The restraint system should be positioned in the rear seat of the vehicle to minimize the risk of injuries.

Installing Your Car Seat

This legislation underscores the importance of using appropriate child restraint systems to prevent injuries and fatalities. Properly securing children in vehicles is a proven way to save lives and reduce the severity of injuries in crashes.

If you are having any issues with installing your car seat, read your car seat manual and car manual. Contact a Car Seat Specialist for assistance. The installation and lessons are free. There are 100 stations across the state of Colorado. Each installation will take between 20 to 30 minutes. 

Firearms Stored in Vehicles

In recent years, it has been far more common for criminals to use guns stolen from cars in other crimes. House Bill 24-1348 addresses the secure storage of firearms in vehicles. With nearly 50% of firearm thefts in Colorado occurring from unattended vehicles, this law aims to enhance public safety through stricter storage requirements.

Secure Storage for Handguns

Handguns left in unattended vehicles must be stored in a locked, hard-sided container that is placed out of plain view. The container must be inside a locked vehicle or the locked trunk of the vehicle.

Secure Storage for Firearms That Are Not Handguns

Firearms other than handguns must also be securely stored in unattended vehicles. These firearms must be kept in either a locked, hard-sided or soft-sided container that is completely out of plain view. Firearms stored in a soft-sided container must have an additional locking device. This dual-layer security requirement ensures firearms are hidden and physically secured.

Additionally, the container must be kept inside a locked vehicle or in the locked trunk of the vehicle. This provision emphasizes the importance of securing all types of firearms, regardless of their size or type, to prevent unauthorized access and reduce the risk of theft and subsequent misuse.

Penalties for Non-Compliance

Failing to properly store a firearm in a vehicle is classified as a civil infraction, the least serious type of Colorado offense. Civil infractions carry a maximum fine of $100 and do not result in jail time. Rather than arresting violators, law enforcement officers typically issue citations for these offenses.

The rationale behind these penalties is to encourage compliance while recognizing that improper firearm storage, even without malicious intent, poses a significant public safety risk. Firearms stolen from vehicles are frequently used in criminal activities. This is why it is imperative to address unsafe storage practices. While the fine may seem minimal, the broader goal is to create a cultural shift toward responsible firearm ownership and storage.

Exceptions

The law outlines specific exceptions to ensure practicality and fairness. For instance, antique firearms are exempt from these storage requirements due to their historical and non-functional nature. Vehicles actively used for farm or ranch operations are also exempt, as are individuals who live in their vehicles, recognizing the unique challenges they may face.

Additionally, peace officers and active members of the armed forces are not subject to the law when performing their official duties. Lawful hunting activities also constitute an exception, allowing hunters to transport firearms without adhering to these stringent storage requirements when engaged in legal hunting practices.

These exceptions aim to strike a balance between public safety and the diverse circumstances involving the storage and transportation of firearms. By tailoring the law to accommodate these situations, Colorado ensures that its regulations remain both effective and equitable.

The new traffic and safety laws in Colorado for 2025 reflect the state’s commitment to enhancing public safety on the roads and in communities. By adopting these regulations, Colorado aims to reduce distracted driving, protect children in vehicles, and prevent firearm thefts. Drivers should familiarize themselves with these laws to avoid penalties and contribute to a safer environment.

Contact Our Colorado Personal Injury Lawyers

At Bowman Law, we recognize the profound impact a personal injury can have on your life. Our Colorado personal injury lawyers understand the overwhelming challenges you may be facing. Do not go at it alone. Let us help. Our personal injury lawyers provide compassionate legal representation to help you navigate this challenging time.

Our client-first approach ensures your needs are at the forefront of everything we do. We pride ourselves on transparency, integrity, and clear communication, guiding you through each step of the legal process. From initial consultation to the resolution of your case, we will guide you through the process. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery. We have proven record of success. Let Bowman Law help you secure the compensation you deserve.

If you were injured because of someone else’s negligence, do not face the challenges alone. Please send us a message or call us at 720-863-6904 to schedule a free case evaluation. Remember, you have one chance at attaining full and complete justice, and we are here to ensure you seize it. Let Colorado’s top-rated personal injury lawyers fight for your rights, protect your interests, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora. Call us now and take the first step toward reclaiming your life.