(1) Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.
(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.
(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.
(4) The ski area operator shall have no duty arising out of its status as a ski area operator to any skier skiing beyond the area boundaries marked as required by section 33-44-107 (6).
(5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges. This subsection (5) shall not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier's carelessness or recklessness.
Source: L. 79: Entire article added, p. 1242, § 1, effective July 1. L. 90: (5) amended, p. 1542, § 4, effective July 1. L. 2004: (2) amended, p. 1384, § 3, effective May 28.
Cross references: For the legislative declaration contained in the 1990 act amending subsection (5), see section 1 of chapter 256, Session Laws of Colorado 1990.
Notes of Decisions
Stamp v. Vail Corp., 172 P.3d 437 (Colo. 2007).
· cites it 2× “Section 33-44-106 of the SSA is titled, "Duties of operators-signs"; section 33-44-107 of the SSA is titled, "Duties of ski area operators-signs and notices required for skiers' information"; and section 33-44-108 of the SSA is titled, "Ski area operators-additional duties.”
Bayer v. Crested Butte Mountain Resort, Inc., 960 P.2d 70 (Colo. 1998).
· cites it 2× “See § 33-44-108, 9 C.R.S. (1997). The Ski Safety Act also addresses aspects of ski lift operation through several provisions which regulate passenger conduct.”
Phillips v. Monarch Rec. Corp., 668 P.2d 982 (Colo. Ct. App. 1983).
· cites it 2× “); an instruction that whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such trail is open to the public, a conspicuous notice to that effect shall be placed at or near the top of that slope or trail, § 33-44-108, C.R.S.1973…”
Giebink v. Fischer, 709 F. Supp. 1012 (D. Colo. 1989).
· cites it 2× “C.R.S. § 33-44-108. “A violation by a ski area operator of any requirement of this article or any rule or regulation promulgated by the passenger tramway safety board pursuant to section 25-5-710(1)(a), C.”
Schlumbrecht-Muniz v. Steamboat Ski & Resort Corp., 132 F. Supp. 3d 1310 (D. Colo. 2015).
· cites it 3× “The Court found, however, that the complaint did not allege sufficient facts to state a claim for violation of C.R.S. § 33-44-108(3) and dismissed the Plaintiff's claim of negligence per se for violation of that section.”
Ciocian v. Vail Corp., 251 P.3d 1130 (Colo. Ct. App. 2010).
“" § 33-44-108(8). And, "[s]ki slopes or trails" are defined as "all ski slopes or trails and adjoining skiable terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in…”
— Colo. Rev. Stat. § 33-44-108(3) — 1 case
Schlumbrecht-Muniz v. Steamboat Ski & Resort Corp., 132 F. Supp. 3d 1310 (D. Colo. 2015).
“The Court found, however, that the complaint did not allege sufficient facts to state a claim for violation of C.R.S. § 33-44-108(3) and dismissed the Plaintiff's claim of negligence per se for violation of that section.”
— Colo. Rev. Stat. § 33-44-108(8) — 1 case
Ciocian v. Vail Corp., 251 P.3d 1130 (Colo. Ct. App. 2010).
“" § 33-44-108(8). And, "[s]ki slopes or trails" are defined as "all ski slopes or trails and adjoining skiable terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in…”
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