Colorado drivers should be aware of recent updates to the state’s rules of the road, which went into effect at the start of the New Year. 

Here’s what law enforcement agencies want the public to know before drivers get behind the wheel.

Hands-free driving

The most significant new traffic law of 2025 makes it illegal to use a handheld cellular device while driving. 

The penalty for using a handheld device while driving is a $75 fine and two license suspension points for the first offense, with the possibility of having the charge dismissed if the driver could provide proof of having purchased a hands-free accessory. Second-time offenders will receive a$150 fine and three license suspension points, and drivers on their third or more offense within two years will be fined $250 and incur four license suspension points. 

After more than a decade of attempts to pass the policy, the Colorado General Assembly successfully approved Senate Bill 65 during the 2024 session. Under the new law, drivers are prohibited from using cellphones while driving, with exceptions for emergencies and first responders on the job.

While texting and driving has been illegal in the state since 2009, it was previously legal to make handheld phone calls in Colorado. This is a secondary violation, meaning law enforcement can only issue a citation if the driver has been stopped for a separate primary offense, such as speeding or running a red light. 

According to Jefferson County Deputy Sheriff Aaron Kibon, distracted driving is the No. 1 cause of accidents in the country. His department responded to the tanker fire on I-70 near Morrison last May, when the driver was killed after she crashed into a fuel tanker truck, causing it to catch fire. Kibon said investigators ruled the driver was more than likely distracted. 

While cellphones aren’t the only cause for distracted driving, Kilbon said it’s one of the most common. He sees people texting or holding their phones while driving just about every day while on patrol, he said.  

“I’ve seen that happen where people are all over the road and I thought I might have a drunk driver and they’re actually just messing around. They’re doing stuff in the car, they’ve got a big dog in the front seat, stuff like that,” he said, adding that several of his colleagues have almost been hit by distracted drivers. 

Montana is currently the only state in the country with no hands-free driving laws. Thirty states have banned handheld cellphone use while driving, with two of them designating the charge as a primary enforcement violation. Kibon said he believes Colorado and many other states have decided to classify it as a secondary enforcement violation to prevent “stop and frisk” situations, as some lawmakers have expressed concerns over potential for racial profiling. 

Kibon said the media coverage and awareness campaigns around the hands-free law are some of the most widespread he’s seen during his time in law enforcement, and, in his opinion, it’s for a good reason.

Because there have been so many warnings about the law going into effect on Jan. 1 and the long-standing threat of distracted driving, Kibon said he’s not planning to let anyone off with just a warning. 

“They knew it was coming,” he said. “It’s been in the news, it’s been on social  media, our PIOs (public information officers) have put it out even as recently as a few days ago that these new laws are coming into effect — keep your hands empty. The problem is we’ve already been having these accidents for such a long time, and it already took quite a while to get this legislation enacted, so I think it’s fair game as of Jan. 1, as far as I’m concerned.”

Secure firearm storage in vehicles 

The legislature also passed House Bill 1348 during the 2024 session, requiring gun owners to store their firearms in a locked container out of plain sight if they are left in an unattended vehicle. The bill carves out exceptions for antique firearms, firearms that aren’t handguns and are being used for farm or ranch operations, and as well as for law enforcement and active duty service members. 

Violation of the law is a civil infraction, which carries a maximum fine of $100. 

Kibon said this policy could be a challenge to enforce, as law enforcement isn’t permitted to search empty vehicles for firearms without the owners’ consent or a warrant. Law enforcement, and citizens, for that matter, are allowed to report if they see a firearm left inside an unattended vehicle, much like they could report seeing a dog or child locked in a vehicle on a hot day.  

Kibon said he believes the law was crafted as a prohibitive measure to tackle Colorado’s increasing rate of stolen firearms.  

“The true reason is so many illegal guns are on the streets, especially in Colorado, where the numbers have gone up and we’ve seen a dramatic increase in vehicle trespasses to access firearms,” he said. “At that point, you have to make the public responsible for securing firearms so the criminals don’t get access to them. So, I’m hoping that does deter them from leaving unattended firearms. That’s ultimately what this law is about.” 

One twist is that if a firearm is stolen from a vehicle because it wasn’t stored in a locked container, the owner of that firearm would most likely have to admit to violating the law in order to the theft.  

“They’re still the victim of a crime, but they’re also accountable for being irresponsible,” Kibon said. “I think it absolutely could deter people if they know they’re gonna get a ticket for it.”

New car seat regulations

Several changes have been made to Colorado’s booster seat and car seat regulations following the passage of House Bill 1055 last session. 

Failing to place a child in the proper car seat is a Class B traffic infraction, punishable by up to $100. 

Under the new rules, children are now required to use a booster seat for an extra year, until they are 9 years old. Rear-facing car seats are required for children under 2 and weighing under 40 pounds, up from the previous age of under 1 and under 20 pounds. Children under 2 who weigh over 40 pounds can use a rear-facing or forward-facing car seat. 

The law also requires children under 18 to be properly restrained in a seat belt or child restraint system, up from 16 years old. 

This law is considered a secondary enforcement violation, according to Sgt. Jeremiah Gates of the Arapahoe County Sheriff’s Department. 

“When it comes to dealing with car seats, in order for me to stop a vehicle, I have to have probable cause for why I’m stopping somebody,” he said. “I can’t just say, ‘Oh, there’s a kid in that car and that kid looks like he’s 50 pounds and not in the proper car seat.’ It would more come along the lines of I stop the car for something and then I see the kid in the back and say, ‘Oh, how old is your son?’ And they’d say, ‘Oh, my son is 2 years old.'”

“‘Oh, well, they’re in the wrong car seat.'”

That probable cause, or primary violation, can be as simple as a broken taillight or cracked windshield, Gates said, but it will allow an officer to stop a vehicle and issue further citations if necessary. 

“If you have a cracked windshield and you’re not wearing a seatbelt, then I’m stopping you for your cracked windshield, even though I saw you not wearing your seatbelt,” he said. 

According to the Colorado Department of Transportation (CDOT), child safety seats have been shown to reduce fatal injuries by over 70% in infants under a year old and 54% for toddlers. Fifty-one children died in car accidents in Colorado last year, down from 68 in 2023.

Recommendations for car seat rules typically come from CDOT or the National Highway Traffic Safety Association, but the state legislature must pass a bill in order for the new rules to be put into statute. According to the legislation, 23 other states require children under two to be placed in rear-facing car seats. 

Similar to the firearm storage law, Gates said he sees these new rules as preventative measures.

“Are you going to see a charge? You bet,” he said. “Of course, it’ll get charged by quite a few places, including us at times, but it’s more, I think, about saying that this is what we want to see kids in and this is what they’re required to be in.”

Placing children in the right car seat for their age and weight can save their life and prevent injuries, Gates said. 

“While seat belts are a great tool to save lives, they’re designed for adults, so putting a seat belt across a child can actually cause them injuries, where the booster seats and car seats actually can prevent that, because it puts the seatbelt in a certain position, which makes it safe for the child.”