Section 42-4-235 - Minimum standards for commercial vehicles - motor carrier safety fund - created - definitions - rules - penalties(1) As used in this section, unless the context otherwise requires: (a) "Commercial vehicle" means: (I) A self-propelled or towed vehicle: (A) Bearing an apportioned plate;(B) Having a manufacturer's gross vehicle weight rating or gross combination rating of at least sixteen thousand one pounds and used in commerce on public highways; or(C) Having a manufacturer's gross vehicle weight rating or gross combination rating of at least sixteen thousand one pounds and used to transport sixteen or more passengers, including the driver, unless the vehicle is a school bus regulated in accordance with section 42-4-1904 or a vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as the school district does not receive remuneration, other than reimbursement of the school district's costs, for the use of the vehicle;(II) Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state; and(III) A motor vehicle that is used on the public highways and transports materials determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173.(c) "Motor carrier" means every person, lessee, receiver, or trustee appointed by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in paragraph (a) of this subsection (1).(2)(a) A person shall not operate a commercial vehicle as defined in subsection (1) of this section on any public highway of this state unless the vehicle is in compliance with the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. A person that violates the rules, including any intrastate motor carrier, is subject to the civil penalties authorized pursuant to 49 CFR 386, subpart G. A person that uses an independent contractor is not liable for penalties imposed on the independent contractor for equipment, acts, and omissions within the independent contractor's control or supervision. A state agency or court collecting civil penalties pursuant to this article 4 shall transmit the civil penalties to the state treasurer, who shall credit them to the highway users tax fund created in section 43-4-201 for allocation and expenditure as specified in section 43-4-205 (5.5)(a).(b) Notwithstanding paragraph (a) of this subsection (2):(I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR, part 386, subpart G that relate the amount of a penalty to a violator's ability to pay, and such penalties shall be based upon the nature and gravity of the violation, the degree of culpability, and such other matters as justice and public safety may require;(II) When determining the assessment of a civil penalty for safety violations, the period of a motor carrier's safety compliance history that a compliance review officer may consider shall not exceed three years;(III) The intrastate operation of implements of husbandry shall not be subject to the civil penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall be construed to repeal, preempt, or negate any existing regulatory exemption for agricultural operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not require a commercial driver's license to operate, or any successor or analogous agricultural exemptions, whether based on federal or state law.(IV) This section does not apply to a motor vehicle or motor vehicle and trailer combination:(A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating of less than twenty-six thousand one pounds;(B) Not operated in interstate commerce;(C) Not transporting hazardous materials requiring placarding;(D) Not transporting either sixteen or more passengers including the driver or eight or more passengers for compensation; and(E) If the motor vehicle or combination is being used solely for agricultural purposes.(c) The Colorado state patrol has exclusive enforcement authority to conduct compliance reviews, as defined in 49 CFR 385.3, and to impose civil penalties pursuant to the reviews. This subsection (2)(c) does not expand or limit the ability of local governments to conduct roadside safety inspections.(d)(I) Pursuant to section 42-3-120, upon notice from the Colorado state patrol, for a carrier that fails to pay in full a civil penalty imposed pursuant to this subsection (2) within thirty days after notification of the penalty or fails to cooperate with the completion of a compliance review within thirty days after notification of the failure to cooperate, the department shall:(A) Cancel the motor carrier's registration; and(B) Enter both the motor carrier and its vehicles as out-of-service in the federal motor carrier safety administration system of record.(3) Any motor carrier operating a commercial vehicle within Colorado must declare knowledge of the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. The declaration of knowledge shall be in writing on a form provided by the Colorado state patrol. The form must be signed and returned by a motor carrier according to rules adopted by the chief.(4)(a)(I) Except as described in subsection (4)(a)(III) of this section, the chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would be commercial vehicles but for the fact that they have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds. In adopting the rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards; except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40. On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a) must be performed by an enforcement official, as defined in section 42-20-103 (2), who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections.(II) With respect to the operation of all vehicles that would be commercial vehicles but for the fact that they have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds, the chief of the Colorado state patrol may adopt rules that authorize the Colorado state patrol to:(A) Annually inspect these vehicles;(B) Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and(C) Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles.(III) Rules establishing insurance requirements for vehicles used by licensed river outfitters are established by the parks and wildlife commission pursuant to section 33-32-103 (1)(e).(b) The Colorado public utilities commission may enforce safety rules of the chief of the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor carriers as defined in section 40-10.1-101, C.R.S., including the issuance of civil penalties for violations of the rules as provided in section 40-7-113, C.R.S.(5) Any person who violates a rule promulgated by the chief of the Colorado state patrol pursuant to this section or fails to comply with subsection (3) of this section commits a class 2 misdemeanor traffic offense.(6) The motor carrier safety fund is created in the state treasury. The fund consists of moneys transferred from the public utilities commission motor carrier fund pursuant to section 40-2-110.5 (9)(a), C.R.S. Moneys in the fund are subject to appropriation by the general assembly for the direct and indirect costs of the advancement of highway safety relating to commercial carrier operations pursuant to this section. All interest derived from the deposit and investment of moneys in the fund are credited to the fund, and any moneys not appropriated remain in the fund and do not transfer or revert to the general fund or any other fund.Amended by 2023 Ch. 179,§ 1, eff. 8/7/2023 (except that (2)(d)(I)(B) is effective 4/30/2024).Amended by 2019 Ch. 416, § 5, eff. 8/2/2019.Amended by 2017 Ch. 55, § 1, eff. 3/20/2017.Amended by 2014 Ch. 8, § 2, eff. 2/27/2014.L. 94: Entire title amended with relocations, p. 2267, § 1, effective 1/1/1995. L. 96: (1)(a) and (4) amended, p. 1548, § 7, effective July 1. L. 2001: (1)(a)(I) amended, p. 292, § 1, effective August 8. L. 2002: (2) amended, p. 284, § 1, effective April 18. L. 2003: (4)(a) amended, p. 664, § 1, effective August 6. L. 2005: (2)(a) amended, p. 149, § 27, effective April 5. L. 2006: (1)(a) amended, p. 1063, § 1, effective July 1. L. 2007: (2)(d) added, p. 857, § 1, effective July 1. L. 2009: (4)(a) amended, (HB 09-1244), ch. 2392, p. 2392, § 2, effective August 5. L. 2011: (4) amended, (HB 11-1198), ch. 425, p. 425, § 26, effective August 10. L. 2012: (1)(b) repealed and (2)(a), (2)(d)(I), (3), (4), and (5) amended, (HB 12-1019), ch. 466, p. 466, § 9, effective July 1; (2)(b)(IV) added, (SB 12-059), ch. 397, p. 397, § 1, effective August 8. L. 2014: (6) added, (HB 14-1081), ch. 8, p. 90, § 2, effective February 27. L. 2017: (1)(a)(I) and (4)(a) amended, (HB 17 -1061), ch. 174, p. 174, § 1, effective March 20. L. 2019: (4)(a)(I) amended and (4)(a)(III) added, (SB 19-160), ch. 3662, p. 3662, § 5, effective August 2.(1) This section is similar to former § 42-4-234 as it existed prior to 1994, and the former § 42-4-235 was relocated to § 42-4-236.
(2) Subsection (2)(d)(II)(B) provided for the repeal of subsection (2)(d)(II), effective July 1, 2009. (See L. 2007, p. 857.)
(3) Section 4 of chapter 179 (SB 23-012), provides that subsection (2)(d)(I)(B) is effective April 30, 2024.
2023 Ch. 179, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701 (3)(a)(II).