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Old 04-25-2007, 06:11 PM
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ScaldedDog ScaldedDog is offline
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Join Date: Dec 2005
Location: Littleton, CO
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Originally Posted by Shark Bait View Post
Justin, The requirement for tech inspection is the truck has to be street legal.
If we're picking nits about street legal, we're all screwed:

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.

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

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.

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


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).

As I understand it, the "except in accordance..." section was added in 1975 to try to make it constitutional again, and there are no appellate cases on record since then. As far as I know, "the department" has never established the specifications mentioned above. I have been pulled over for this, though not ticketed.

So, all y'all with them fancy modified suspensions need to stay home. Those of us with stockers can still attend.

''Wise men talk because they have something to say; fools,
because they have to say something.'' - Plato
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