5 Colo. Code Regs. § 1001-24-G-VI

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-24-G-VI - Definitions

The following definitions shall apply for this Part G.

VI.A.Backup Vehicle means a self-propelled motor vehicle designed for on-highway use that is used intermittently to maintain service during periods of routine or unplanned maintenance, unexpected vehicle breakdowns, or accidents but is not used in everyday or seasonal operations.

VI.B.Broker means an entity or person who has broker authority from the Federal Motor Carrier Safety Administration and, for compensation, arranges or offers to arrange the transportation of property by an authorized motor carrier. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport.

VI.C.Common Ownership or Control means being owned or managed day to day by the same person or entity. Vehicles managed by the same directors, officers, or managers, or by corporations controlled by the same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities. Common ownership or control of a federal government vehicle shall be the primary responsibility of the unit that is directly responsible for its day to day operational control.

VI.D.Corporate Parent means a business that possesses the majority of shares in another business, which gives them control of their operational procedures.

VI.E.Dispatched means provided direction or instruction for routing a vehicle(s), whether owned or under contract, to specified destinations for specific purposes, including but not limited to delivering cargo, passengers, property or goods, providing a service, or assisting in an emergency.

VI.F.Facility means any property with one or more unique physical addresses.

VI.G.Facility Category means a classification of different facility types based on a facility's primary purpose. Facility categories are defined as the following:

VI.G.1.Administrative/Office Building means a building or structure used primarily for day-to-day activities that are related to administrative tasks such as financial planning, record keeping & billing, personnel, physical distribution and logistics, within a business.

VI.G.2.Distribution Center/Warehouse means a location used primarily for the storage of goods which are intended for subsequent shipment.

VI.G.3.Hotel/Motel/Resort means a commercial establishment offering lodging to travelers and sometimes to permanent residents.

VI.G.4.Manufacturer/Factory/Plant means a location with equipment for assembling parts, producing finished products, intermediate parts, or energy products.

VI.G.5.Medical/Hospital/Care means an institution engaged in providing inpatient diagnostic and therapeutic services or rehabilitation services by or under the supervision of physicians.

VI.G.6.Multi-Building Campus/Base means a property typically operated by a single entity with several buildings, often serving multiple purposes.

VI.G.7.Restaurant means a business establishment where the primary purpose is serving meals or refreshments.

VI.G.8.Service Center means a facility that supports a business operation that generates revenue by providing a specific service or product, or a group of services or products to a customer.

VI.G.9.Store means an establishment that sells goods or a variety of goods and services to the general public.

VI.G.10.Truck/Equipment Yard means an establishment that primarily stores or dispatches trucks and equipment such as a garage or parking lot.

VI.G.11.Any Other Facility Type means any facility that is not included in Sections VI.G.1. through VI.G.10.

VI.H.Fleet means one or more self-propelled on-road vehicles under common ownership or control of a person, business, or agency as defined in§ 42-1-102 (66) C.R.S. This includes vehicles that are rented or leased from a business that regularly engages in the trade or business of leasing or renting motor vehicles without drivers where the vehicle rental or leasing agreement for the use of a vehicle is for a period of one or more years.

VI.I.Fleet Owner means, except as modified in Sections VI.I.1. and VI.I.2., either the person registered as the owner or lessee of a vehicle by the Colorado Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; as evidenced on the vehicle registration document carried in the vehicle.

VI.I.1. For vehicles that are owned by the federal government and not registered in any state or local jurisdiction, the owner shall be the department, agency, branch, or other entity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or which have responsibility for maintenance of the vehicles.

VI.I.2. For a vehicle that is rented or leased from a business that is regularly engaged in the trade or business of leasing or renting motor vehicles without drivers, the owner shall be the rental or leasing entity if the rental or lease agreement for the use of a vehicle is for a period of less than one year, otherwise the owner shall be the renter or lessee.

VI.J.Government Agency means any federal, state, or local governmental agency, including, water districts, or any other public entity with taxing authority.

VI.K.Gross Annual Revenue means the total revenue, receipts, and sales reported to the Internal Revenue Service for a consecutive 12-month period.

VI.L.Gross Vehicle Weight Rating or GVWR means the weight specified by the manufacturer as the loaded weight of a single vehicle.

VI.M.Motor Carrier is the same as defined in California Vehicle Code Section 408.

VI.N.Municipality means a city, county, city and county, special district, or a public agency of the State of Colorado, and any department, division, public corporation, or public agency of this State.

VI.O.Responsible Official means one of the following:

VI.O.1. For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or their delegate, designee, or any other person who performs similar policy or decision-making functions for the corporation;

VI.O.2. For a partnership or sole proprietorship: A general partner or the proprietor, or the delegate or designee of the aforementioned, or any other person who performs similar policy or decision-making functions for the business; or

VI.O.3. For a municipality, state, federal, or other governmental agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA). For the purposes of the Department of Defense Military Services, a principal executive officer includes a commanding officer of an installation, base, or tenant organization.

VI.P.Subsidiary means a company controlled by another company.

VI.Q.Subhauler means a for-hire motor carrier who enters into an agreement to provide transportation services on the behalf of another motor carrier or broker.

VI.R.Transportation Network Company means any entity or person that provides prearranged transportation services for compensation using an online-enabled application or platform (such as smart phone apps) to connect drivers using their personal vehicles with passengers.

VI.S.Vehicle means self-propelled equipment intended for use on highways, and does not include motorcycles.

VI.T.Vehicle Body Type means commonly used vehicle body descriptions to be used in responding to questions about the fleet of vehicles including the following: beverage truck, boom/bucket, box reefer, box dry van, bus-shuttle, bus-other, car/SUV, car carrier, concrete mixer, concrete pump, crane, drill rig, dump, flatbed or stake bed, garbage front loader, garbage side loader, garbage packer, garbage roll-off, other, pickup bed, service body, sweeper, tank, tractor day cab, tractor sleeper cab, tow, vacuum, water, van-cargo, van-step, van-passenger, on-road or off-road yard tractor.

VI.U.Vehicle Home Base means the location where a vehicle is domiciled meaning a business location where a vehicle is typically kept when not in use. Vehicles that are kept at a personal residence or kept at a location that is not operated by the entity shall use the location where the vehicle is dispatched from or where the vehicle is repaired or maintained.

VI.V.Vehicles Awaiting Sale means vehicles in the possession of dealers, financing companies, or other entities that do not intend to operate the vehicle in Colorado or offer the vehicle for hire for operation in Colorado, and that are operated only to demonstrate functionality to potential buyers or to move short distances while awaiting sale for purposes such as maintenance or storage.

VI.W.Weight Class Bin means a list of vehicles categorized by GVWR. The weight class bins are one of the following:

VI.W.1.Light-Duty means a self-propelled motor vehicle designed for on-highway use with a GVWR of 8,500 lbs. or less. Also referred to as Class 1-2a. This includes passenger cars, sport utility vehicles, minivans, and light pickup trucks.

VI.W.2.Class 2b-3 means a self-propelled motor vehicle designed for on-highway use with a GVWR from 8,501 lb. to 14,000 lb. The types of vehicle in this category generally includes full-size pickup trucks, smaller utility trucks, cargo vans, and passenger vans.

VI.W.3.Class 4-6 means a self-propelled motor vehicle designed for on-highway use with a GVWR from 14,001 lb. to 26,000 lb.

VI.W.4.Class 7-8 means a self-propelled motor vehicle designed for on-highway use with a GVWR greater than 26,000 lbs.

5 CCR 1001-24-G-VI

46 CR 10, May 25, 2023, effective 6/14/2023

46 CR 21, November 10, 2023, effective 12/15/2023