Section 42-2-403 - Department authority - rules - federal requirements(1) The department shall develop, adopt, and administer a procedure for licensing drivers of commercial motor vehicles in accordance with applicable federal law governing commercial motor vehicle safety and any rules promulgated thereunder. The department is hereby specifically authorized to adopt and effectuate, whether by rule, policy, or administrative custom or practice, any licensing sanction imposed by federal statutes or rules governing commercial motor vehicle safety.(2)(a) The department shall promulgate such rules and regulations as are necessary for the implementation of this part 4. Such rules and regulations shall govern all aspects of licensing commercial drivers, including, but not limited to, testing procedures, license issuance procedures, out-of-service regulations, denial procedures, including suspensions, revocations, cancellations and denials, records maintenance, reporting requirements, and cooperation with the commercial driver's license information system.(b) The department, with the advice of the commissioner of education, shall develop testing and license issuance procedures for school bus drivers who are employed by any Colorado school district.(c)(I) In addition to any other requirements, an application for a commercial driver's license shall state that: (A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, cancellation or denial of the applicant's driver's license, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.(II) The applicant shall verify the statements required by this paragraph (c) by the applicant's signature on the application.(d) The department may not consider the following with regard to an application from a person for a commercial driver's license:(I) A conviction for UDD;(II) A license revocation imposed under section 42-2-126 (3)(b) if the person was under twenty-one years of age at the time of the offense and such person drove a motor vehicle while such person's BAC was at least 0.02 but not more than 0.05; or(III) A license revocation imposed under section 42-2-126 (3)(e) if the person was under twenty-one years of age at the time of the offense and such person drove a commercial motor vehicle while such person's BAC was at least 0.02 but less than 0.04.(e) With regard to every person who holds or applies for a commercial driver's license in this state, the department shall maintain, for at least three years, records of such person's application and of any convictions, disqualifications, and licensing actions for violation of state or local laws relating to motor vehicle traffic control, other than parking violations, committed while the person was operating a commercial motor vehicle or that would affect the person's commercial driving privilege, and shall make such records available to the specified persons and entities as follows:(I) To law enforcement officers, courts, prosecutors, administrative adjudicators, and motor vehicle licensing authorities in Colorado or any other state, all information on all such persons;(II) To the federal secretary of transportation, all information on all such persons;(III) To the individual to whom such information pertains, all such information pertaining to that individual;(IV) To the motor carrier employer or prospective motor carrier employer of the individual to whom such information pertains, all such information pertaining to that individual.(2.5) Any application for the issuance or renewal of a license pursuant to this section shall include the applicant's social security number as required in section 14-14-113, C.R.S.(3) Nothing in this part 4 shall be construed to prevent the state of Colorado from complying with federal requirements in order to qualify for funds under the federal "Commercial Motor Vehicle Safety Act of 1986" or other applicable federal law.(4)(a) Any male United States citizen or immigrant who applies for a commercial driver's license, or a renewal of any such license, and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (4) to the selective service system. The applicant's submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his signature serves as consent to registration with the selective service system, if so required by federal law.(5) Notwithstanding any law or rule to the contrary, upon presentation of satisfactory evidence by an applicant, the department:(a) Shall consider the training, education, or experience obtained by an applicant as a member of the United States armed forces or reserves, the National Guard of any state, the military reserves of any state, or the naval militia of any state; and(b) May credit the training, education, or experience toward the qualifications to receive a license, certification, or registration.(6) The department shall require initial applicants for the type of commercial driver's license that authorizes a person to operate a combination vehicle (class A under 49 CFR 383.153) to successfully pass training, when attending a commercial driving school certified for approval by the private occupational schools division in the department of higher education, on the recognition, prevention, and reporting of human trafficking.Amended by 2018 Ch. 117, § 1, eff. 8/8/2018.L. 94: Entire title amended with relocations, p. 2164, § 1, effective 1/1/1995. L. 97: (2)(d) added, p. 1466, § 10, effective July 1; (2.5) added, p. 1311, § 47, effective July 1; (2)(c) added, p. 1002, § 5, effective August 6. L. 98: (2)(d)(II) amended, p. 174, § 5, effective April 6. L. 2001: (4) added, p. 647, § 3, effective August 8. L. 2004: (1) and (3) amended and (2)(e) added, p. 890, §§ 1, 2, effective 7/1/2005. L. 2008: (2)(d) amended, p. 251, § 17, effective July 1. L. 2016: (5) added, (SB 16-134), ch. 195, p. 686, § 1, effective May 27. L. 2018: (6) added, (HB 18-1018), ch. 117, p. 815, § 1, effective August 8.This section is similar to former § 42-2-503 as it existed prior to 1994, and the former § 42-2-403 was relocated to § 42-2-303.
For the legislative declaration contained in the 1997 act enacting subsection (2.5), see section 1 of chapter 236, Session Laws of Colorado 1997.