Author Topic: BigMike's Big Project  (Read 734832 times)

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Brian83

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Re: BigMike's Big Project
« Reply #120 on: Jul 08, 2004, 09:53:32 AM »
Brandon, there is a law in CO that states lifts are illegal, BUT, there was a court ruling that this code cannot be enforced because it is unconstitutional. The only reason it has been left in the code book is because it would cost the taxpayers and courts a lot of time and money to remove it, so they just amended it and ruled it is un-enforceable. here it is straight from the book.

42-4-233. Alteration of suspension system.
Statute text
(1) No person shall operate a motor vehicle of a type required to be registered under the laws of this state upon a public highway with either the rear or front suspension system altered or changed from the manufacturer's original design except in accordance with specifications permitting such alteration established by the department. Nothing contained in this section shall prevent the installation of manufactured heavy duty equipment to include shock absorbers and overload springs, nor shall anything contained in this section prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear shall not affect the control of the vehicle.

(2) This section shall not apply to motor vehicles designed or modified primarily for off-highway racing purposes, and such motor vehicles may be lawfully towed on the highways of this state.

(3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

History
Source: L. 94: Entire title amended with relocations, p. 2267, § 1, effective January 1, 1995.

Annotations
Editor's note: This section was formerly numbered as 42-4-232 and the former section 42-4-233 was relocated to section 42-4-234.

Annotations
Cross references: For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701 (3)(a)(II).

Annotations
ANNOTATION

Annotations
Annotator's note. Since § 42-4-233 is similar to § 42-4-232 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1 a relevant case construing that provision has been included in the annotations to this section.

Section unconstitutional. This section's flat prohibition against any motor vehicle suspension system alteration, except the installation of heavy duty shock absorbers or springs, is unconstitutionally overbroad. People v. Von Tersch, 180 Colo. 295, 505 P.2d 5 (1973) (decided prior to 1975 amendment).
Common sense just isn't that common anymore

 
 
 
 
 

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