All drivers will be prohibited from talking on or otherwise using their cellphones while driving under a bill passed by the Colorado legislature this year that Gov. Jared Polis says he will sign into law.
Senate Bill 65 would create some exceptions, including for drivers using hands-free accessories.
Here’s what you need to know about the forthcoming law:
When will the law go into effect?
Jan. 1, 2025.
When can a driver be pulled over for using a cellphone?
Senate Bill 65 says a driver can’t be cited for talking on or using their cellphone while driving unless a law enforcement officer sees them doing so in a “manner that caused the individual to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances.”
Additionally, an officer will have to see the phone either in a driver’s hand or pinned against their ear to issue a citation.
Are there any exceptions?
Yes. A driver using their phone in an emergency situation or to call first responders will be exempt.
Using your phone to navigate also won’t be cause for a citation, nor will using a phone’s dictation or transcription function.
Additionally, employees or contractors of utilities are exempt, as are first responders and municipal or county employees, if they are talking on or using the phone while driving as part of their official duties.
What are the penalties?
A driver caught talking on or otherwise using their cellphone while driving will be subject to a $75 fine and two points against their license if it’s their first time being cited for the offense within the past two years. The fine can be waived once if a driver produces a hands-free accessory or proof of purchase of a hands free accessory.
Someone cited for a second time within a two-year period faces a $150 fine and three points. That increases to $250 and four points for anyone cited a third or subsequent time in a two-year period. For reference, speeding 10 to 19 miles per hour over the limit is a four-point violation.
(This website explains how many points lead to a license suspension. For drivers 21 and older, receiving 12 or more points in a 12-month period or 18 or more points in a 24-month period leads to a suspension.)
If a driver is talking on or using a cellphone and that’s the “proximate cause” of a crash in which someone is injured or killed, the driver can be charged with a Class 1 traffic misdemeanor, which is punishable by up to a year in jail and $1,000 in fines.
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Can my phone be seized?
Not as part of an investigation or citation issued for driving while talking on or otherwise using a phone.
What are Colorado’s existing laws around cellphone use while driving?
Colorado law already prohibits drivers from texting or browsing the internet while driving, though in order to issue a citation an officer must see the person doing so and that the person was also driving in a careless or imprudent manner.
Only people under the age of 18 are currently prohibited from talking on a cellphone while driving, though there are exceptions for using a phone to contact first responders or in emergency situations.