2021 Colorado Code
Title 42 - Vehicles and Traffic
Article 4 - Regulation of Vehicles and Traffic
Part 10 - Driving - Overtaking - Passing
§ 42-4-1001. Drive on Right Side - Exceptions

1. Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
   1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
   2. When an obstruction exists making it necessary to drive to the left of the center of the highway; but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
   3. Upon a roadway divided into three lanes for traffic under the rules applicable thereon; or
   4. Upon a roadway restricted to one-way traffic as indicated by official traffic control devices.

2. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
3. Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under subsection (1)(b) of this section. However, this subsection (3) does not prohibit the crossing of the center line in making a left turn into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway.
4. Any person who violates any provision of this section commits a class A traffic infraction.

History. Source: L. 94: Entire title amended with relocations, p. 2357, § 1, effective January 1, 1995.

This title was numbered as numerous articles within chapter 13, C.R.S. 1963. The provisions of this title were amended with relocations in 1994, effective January 1, 1995, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title, see the comparative tables located in the back of the index.

For the provisions providing for the manufacture of license plates and highway signs by state correctional facilities, see article 24 of title 17; for registration and use of snowmobiles, see article 14 of title 33; for the regulation of commercial driving schools, see article 2 of this title; for provisions relating to highway safety, see article 5 of title 43; for licensing and regulation of automobile dealers, see part 1 of article 20 of title 44; for the antimonopoly financing law, see part 2 of article 20 of title 44; for the Sunday closing law, see part 3 of article 20 of title 44.

For exemption of members of the military forces from traffic regulation, see § 28-3-504 ; for disposition of fines and penalties under this article, see § 42-1-217 ; for crimes that involve the operation of motor vehicles, also see §§ 18-3-106 , 18-3-205 , 18-4-409 , 18-4-512 , 18-9-107 , and 18-9-114 to 18-9-116.5 .

For penalties for class A traffic infractions, see § 42-4-1701 (3)(a)(I) .

This section is similar to former § 42-4-901 as it existed prior to 1994, and the former § 42-4-1001 was relocated to § 42-4-1101 .

Annotator's note. Since § 42-4-1001 is similar to § 42-4-901 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

Driving on the left side of the road is presumptive evidence of negligence. Globe Cereal Mills v. Scrivener, 240 F.2d 330 (10th Cir. 1956).

Driving to the left of center may give rise to a presumption of negligence. Sanchez v. Staats, 34 Colo. App. 243, 526 P.2d 672 , aff'd, 189 Colo. 228 , 539 P.2d 1233 (1975).

Violation of a statute or ordinance regulating the use of highways is negligence as a matter of law. Ankeny v. Talbot, 126 Colo. 313 , 250 P.2d 1019 (1952).

But the presumption of negligence may be rebutted by evidence showing that the conduct was reasonable under the circumstances. Sanchez v. Staats, 34 Colo. App. 243, 526 P.2d 672 (1974), aff'd, 189 Colo. 228 , 539 P.2d 1233 (1975).

Issues of fact. Whether conduct in driving left of the center line was reasonable under the circumstances and, if not, whether that conduct was a proximate cause of the accident are clearly issues of fact which should be left to the jury to determine. Sanchez v. Staats, 34 Colo. App. 243, 526 P.2d 672 (1974), aff'd, 189 Colo. 228 , 539 P.2d 1233 (1975).

Last clear chance doctrine applicable. If violation of this section is the proximate cause of an accident, such negligent person cannot recover unless the doctrine of last clear chance is applicable. Ankeny v. Talbot, 126 Colo. 313 , 250 P.2d 1019 (1952).

One of the essential conditions to application of the doctrine of last clear chance is that the person relying on the doctrine is unable to extricate himself from a position of peril. Ankeny v. Talbot, 126 Colo. 313 , 250 P.2d 1019 (1952).