CO Code § 42-20-406 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 20 - Transportation of Hazardous and Nuclear Materials|Part 4 - Nuclear Materials - General Provisions|§ 42-20-406. Violations - Civil Penalties - Motor Vehicles

  [Editor's note: This version of subsection (1) is effective until January 1, 2021.] Any person who violates any provision of this part 4 or part 5 of this article or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article, except for the violations enumerated in subsection (3) of this section and section 42-20-505, shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs. The penalty shall be assessed by the chief upon receipt of a complaint by any investigative personnel of the commission or Colorado state patrol officer and after written notice and an opportunity for a hearing pursuant to section 24-4-105, C.R.S. Payment of a civil penalty under this section shall not relieve any person from liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title 29, C.R.S. Any person who is assessed a penalty pursuant to this subsection (1) shall have the right to appeal the chief's decision by filing a notice of appeal with the court of appeals as specified in section 24-4-106 (11), C.R.S.    [Editor's note: This version of subsection (2) is effective until January 1, 2021.] Any person who commits any of the acts enumerated in subsection (3) of this section shall be subject to the civil penalty listed in said subsection (3). Investigative personnel of the commission, and officers of the Colorado state patrol shall have the authority to issue civil penalty assessments for the enumerated violations. At any time that a person is cited for a violation enumerated in subsection (3) of this section, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a civil penalty assessment notice. Such notice shall be tendered by the enforcement official and shall contain the name and address of such person, the license number of the motor vehicle involved, if any, the number of such person's driver's license, the nature of the violation, the amount of the penalty prescribed for such violation, the date of the notice, a place for such person to execute a signed acknowledgment of his or her receipt of the civil penalty assessment notice, a place for such person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute such notice as a complaint to appear in court should the prescribed penalty not be paid within ten days. Every cited person shall execute the signed acknowledgment of his or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified in subsection (3) of this section for the violation involved at the office of the department of revenue either in person or by postmarking such payment within ten days of the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after such payment becomes due. If the person cited does not pay the prescribed penalty within ten days of the notice, the civil penalty assessment notice shall constitute a complaint to appear in court unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint with the county court for the county in which the penalty assessment was issued. The attorney general shall represent the state agency that issued the civil penalty assessment notice if so requested by the agency.    [Editor's note: This version of the introductory portion to subsection (3) is effective until January 1, 2021.] The following penalties shall apply only to the transportation of nuclear materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:   Any person who operates a motor vehicle without a driver's log book in his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.    Any person who operates a motor vehicle without maintaining a driver's log book in current condition, in accordance with 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.    Any person who enters false information in a driver's log book in violation of 49 CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.    Any person who exceeds maximum driving or on duty time, as established by 49 CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.    [Editor's note: This version of subsection (3)(e) is effective until January 1, 2021.] Any person who fails to produce his or her driver's log book on demand of any law enforcement official, port of entry personnel, or investigative personnel of the commission in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.    Any person who fails to have a valid medical certificate in his or her possession, in accordance with 49 CFR 391.43, shall be assessed a civil penalty of one hundred dollars.    Any person who operates a motor vehicle without meeting driver qualifications, as established in 49 CFR 177.825 (d) and section 42-20-501, shall be assessed a civil penalty of five hundred dollars.    Any person who carries an unauthorized passenger, as defined in 49 CFR 392.60, shall be assessed a civil penalty of one hundred dollars.    Any person who operates a motor vehicle while that person is declared to be out of service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of five hundred dollars.    Any person who operates an unsafe vehicle, as defined in 49 CFR 396, shall be assessed a civil penalty of one hundred fifty dollars.    Any person who operates a motor vehicle without correcting defects as noted on a safety inspection report in violation of 49 CFR 396.9 shall be assessed a civil penalty of five hundred dollars.    Any person who operates a motor vehicle while that vehicle is declared to be out of service, as defined in 49 CFR 396.9 (c)(2), shall be assessed a civil penalty of one thousand dollars.    Any person who transports nuclear materials without proper visibility and display of placards in violation of 49 CFR 172.504 shall be assessed a civil penalty of two hundred dollars.    Any person who transports nuclear materials without proper placards, as provided in 49 CFR 172.504, shall be assessed a civil penalty of five hundred dollars.    Any person who displays nuclear materials placards on vehicles not transporting nuclear materials in violation of 49 CFR 172.502 shall be assessed a civil penalty of one hundred dollars.    Any person who fails to have hazardous materials shipping papers in conformance with 49 CFR 177.817 shall be assessed a civil penalty of five hundred dollars.    Any person who parks a motor vehicle transporting nuclear materials in violation of 49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.    Any person who violates a provision of section 42-20-508 or the rules adopted pursuant thereto shall be assessed a civil penalty of five hundred dollars.    Any person who improperly fills out the shipping papers required by 49 CFR part 172, subpart C, shall be assessed a civil penalty of five hundred dollars.    Any person who fails to report a nuclear incident, or fails to take necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed a civil penalty of five hundred dollars.    Any person who supplies inaccurate information in, or who fails to comply with, the route plan required by 49 CFR 177.825 (c) shall be assessed a civil penalty of five hundred dollars.    Any person who transports nuclear materials in violation of the radiation level limitations established in 49 CFR 173.441 shall be assessed a civil penalty of one thousand dollars.    Any person who transports nuclear materials in excess of the maximum permissible transport index, as provided in 49 CFR part 173, shall be assessed a civil penalty of one thousand dollars.        (1) [Editor's note: This version of subsection (1) is effective January 1, 2021.] Any person who violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except for the violations enumerated in subsection (3) of this section and section 42-20-505 , is subject to a civil penalty of not more than ten thousand dollars per day for each day during which the violation occurs. The penalty shall be assessed by the chief upon receipt of a complaint by any Colorado state patrol officer and after written notice and an opportunity for a hearing pursuant to section 24-4-105 . Payment of a civil penalty under this section does not relieve any person from liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title 29. Any person who is assessed a penalty pursuant to this subsection (1) has the right to appeal the chief's decision by filing a notice of appeal with the court of appeals as specified in section 24-4-106 (11) .   (2) [Editor's note: This version of subsection (2) is effective January 1, 2021.] Any person who commits any of the acts enumerated in subsection (3) of this section is subject to the civil penalty listed in said subsection (3). Officers of the Colorado state patrol have the authority to issue civil penalty assessments for the enumerated violations. At any time that a person is cited for a violation enumerated in subsection (3) of this section, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a civil penalty assessment notice. The notice shall be tendered by the officer of the Colorado state patrol and must contain the name and address of the person, the license number of the motor vehicle involved, if any, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of his or her receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court should the prescribed penalty not be paid within ten days. Every cited person shall execute the signed acknowledgment of his or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified in subsection (3) of this section for the violation involved at the office of the department of revenue either in person or by postmarking such payment within ten days of the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after the payment becomes due. If the person cited does not pay the prescribed penalty within ten days of the notice, the civil penalty assessment notice shall constitute a complaint to appear in court unless payment for the penalty assessment has been accepted by the department of revenue as evidenced by receipt, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint with the county court for the county in which the penalty assessment was issued. The attorney general shall represent the Colorado state patrol if so requested by the Colorado state patrol.   (3) [Editor's note: This version of the introductory portion to subsection (3) is effective January 1, 2021.] The following penalties apply only to the transportation of nuclear materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:   (e) [Editor's note: This version of subsection (3)(e) is effective January 1, 2021.] Any person who fails to produce his or her driver's log book on demand of any law enforcement official or port of entry personnel in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.   History. Source: L. 94: Entire title amended with relocations, p. 2530, § 1, effective January 1, 1995. L. 95: (1) amended, p. 964, § 31, effective May 25. L. 96: (2) amended, p. 639, § 5, effective May 1. L. 2000: (2) amended, p. 1651, § 48, effective June 1. L. 2010: (1) and (2) amended, (HB 10-1113), ch. 244, p. 1084, § 6, effective July 1. L. 2020: (1), (2), IP(3), and (3)(e) amended, (SB 20-118), ch. 155, p. 665, § 7, effective January 1, 2021.    Editor's note:   This section is similar to former § 43-6-406 as it existed prior to 1994.