C.R.S. Section 42-2-101
Licenses for drivers required

  • penalty
  • definition

(1)

Except as otherwise provided in part 4 of this article for commercial drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver’s or minor driver’s license or an instruction permit by the department under this article.

(2)

No person shall drive any motor vehicle upon a highway in this state if such person’s driver’s or minor driver’s license has been expired for one year or less and such person has not been issued another such license by the department or by another state or country subsequent to such expiration.

(3)

No person shall drive any motor vehicle upon a highway in this state unless such person has in his or her immediate possession a current driver’s or minor driver’s license or an instruction permit issued by the department under this article.

(4)

No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person has not been issued the correct type or general class of license or permit.

(5)

No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such person’s immediate possession.

(6)

A charge of a violation of subsection (2) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant’s scheduled court appearance, exhibits to the court a currently valid driver’s or minor driver’s license.

(7)

A charge of a violation of subsection (5) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant’s scheduled court appearance, exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost, stolen, or destroyed.

(8)

The conduct of a driver of a motor vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:

(a)

It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by this section; or

(b)

The applicable conditions for exemption, as set forth in section 42-2-102, exist.

(9)

The issue of justification or exemption is an affirmative defense. As used in this subsection (9), “affirmative defense” means that, unless the state’s evidence raises the issue involving the particular defense, the defendant, to raise the issue, shall present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, then the liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the traffic infraction.

(10)

Any person who violates any provision of subsection (1) or (4) of this section commits a class A traffic infraction. Any person who violates any provision of subsection (2), (3), or (5) of this section commits a class B traffic infraction.

(11)

Notwithstanding any law to the contrary, a second or subsequent conviction under subsection (1) or (4) of this section, when a person receiving such conviction has not subsequently obtained a valid Colorado driver’s license or the correct type or general class of license, shall result in the assessment by the department of six points against the driving privilege of the person receiving such second or subsequent conviction.

Source: Section 42-2-101 — Licenses for drivers required - penalty - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42–2–101
Licenses for drivers required - penalty - definition
42–2–102
Persons exempt from license
42–2–103
Motorcycles - autocycles - low-power scooters - driver’s license required
42–2–104
Licenses issued - denied
42–2–105
Special restrictions on certain drivers
42–2–105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration
42–2–106
Instruction permits and temporary licenses
42–2–107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal
42–2–108
Application of minors - rules
42–2–109
Release from liability
42–2–110
Revocation upon death of signer for minor
42–2–111
Examination of applicants and drivers - when required
42–2–112
Medical advice - use by department - provider immunity
42–2–113
License examiners appointed
42–2–114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions
42–2–114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal
42–2–115
License, permit, or identification card to be exhibited on demand - penalty
42–2–116
Restricted license
42–2–117
Duplicate permits and minor licenses - replacement licenses
42–2–118
Buckner organ and tissue donation awareness fund - rules - report - repeal
42–2–118.1
Driver restoration and payment incentive program
42–2–119
Notices - change of address or name
42–2–120
Methods of service
42–2–121
Records to be kept by department - admission of records in court
42–2–121.5
Emergency contact information - website form - license application - driver’s license database
42–2–122
Department may cancel license - limited license for physical or mental limitations - rules
42–2–123
Suspending privileges of nonresidents and reporting convictions
42–2–124
When court to report convictions
42–2–125
Mandatory revocation of license and permit
42–2–126
Revocation of license based on administrative determination
42–2–126.5
Revocation of license based on administrative actions taken under tribal law - repeal
42–2–127
Authority to suspend license - to deny license - type of conviction - points
42–2–127.5
Authority to suspend license - violation of child support order
42–2–127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration
42–2–127.9
Authority to suspend driver’s license - leaving the scene of an accident
42–2–128
Vehicular homicide - revocation of license
42–2–129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content
42–2–132
Period of suspension or revocation
42–2–132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules
42–2–133
Surrender and return of license
42–2–134
Foreign license invalid during suspension
42–2–135
Right to appeal
42–2–136
Unlawful possession or use of license
42–2–137
False affidavit - penalty
42–2–138
Driving under restraint - penalty - definitions
42–2–139
Permitting unauthorized minor to drive
42–2–140
Permitting unauthorized person to drive
42–2–141
Renting or loaning a motor vehicle to another
42–2–142
Violation - penalty
42–2–143
Legislative declaration
42–2–144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules
42–2–201
Legislative declaration concerning habitual offenders of motor vehicle laws
42–2–202
Habitual offenders - frequency and type of violations
42–2–203
Authority to revoke license of habitual offender
42–2–204
Appeals
42–2–205
Prohibition
42–2–206
Driving after revocation prohibited
42–2–207
No existing law modified
42–2–208
Computation of number of convictions
42–2–301
Definitions
42–2–302
Department may or shall issue - limitations - rules
42–2–303
Contents of identification card - disability identifier symbol - rules - definition
42–2–304
Validity of identification card - rules
42–2–305
Lost, stolen, or destroyed cards
42–2–306
Fees - disposition
42–2–307
Change of address - penalty
42–2–308
No liability on public entity
42–2–309
Unlawful acts
42–2–310
Violation
42–2–313
Department consult with counties on county jail identification processing unit
42–2–401
Short title
42–2–402
Definitions
42–2–403
Department authority - rules - federal requirements
42–2–404
Commercial driver’s license - limitations - rules
42–2–405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification
42–2–405.5
Violations of out-of-service order
42–2–406
Fees - rules
42–2–407
Licensing of testing units and driving testers - hearings - regulations
42–2–408
Unlawful acts - penalty
42–2–409
Unlawful possession or use of a commercial driver’s license
42–2–501
Short title
42–2–502
Legislative declaration
42–2–503
Definitions
42–2–504
Applicability
42–2–505
Identification documents - individuals not lawfully present - rules
42–2–506
Identification documents - individuals temporarily lawfully present
42–2–507
Taxpayer identification number - confidentiality
42–2–508
Fees - operations - rule
42–2–509
Renewal - duplicate - replacement - rules
42–2–510
Peace officers - arrest authority
42–2–511
Driving test - third-party option - definition
42–2–601
Definitions
42–2–602
Equipment of vehicles
42–2–603
Rules
42–2–604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-101’s source at colorado​.gov