2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 2 - PERMIT SYSTEM FOR HAZARDOUS MATERIALS (§§ 42-20-201 — 42-20-206) › Section 42-20-204 - Permit violations - penalties

(1)
Any person who transports hazardous materials without a permit in violation of any of the provisions of section
42-20-201
commits a class 2 misdemeanor and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section
42-20-105 (2)
. Any person who intentionally transports hazardous materials without a permit in violation of any of the provisions of section
42-20-201
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
. For the purposes of this subsection (1), if any person who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant to this subsection (1) subsequently transports hazardous materials without a permit in violation of any of the provisions of section
42-20-201
, a permissive inference is created that such subsequent transportation without a permit was intentional.
(2)
Any person who has obtained an annual or a single trip hazardous materials transportation permit but fails to have a copy of said permit in the cab of the motor vehicle while transporting hazardous materials in, to, from, or through this state commits a class B traffic infraction and shall be assessed a penalty of twenty-five dollars in accordance with the procedure set forth in section
42-4-1701 (4)(a)(V)
; except that, if a peace officer, as described in section
16-2.5-101
, C.R.S., or any other enforcement official may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in the cab of the motor vehicle.
(3)
Any person who knowingly violates any of the terms and conditions of an annual or single trip hazardous materials transportation permit commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(4)
All penalties collected pursuant to this section by a state agency or by a court shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section
42-20-107
.
(5)
Every court having jurisdiction over offenses committed under this section shall forward to the chief a record of the conviction of any person in said court for a violation of any said laws within forty-eight hours after such conviction. The term "conviction" means a final conviction.
Amended by 2021 Ch. 462, § 774, eff. 3/1/2022.
L. 94: Entire title amended with relocations, p. 2524, § 1, effective 1/1/1995. L. 2002: (1) and (3) amended, p. 1565, § 384, effective October 1. L. 2003: (2) amended, p. 583, § 5, effective 1/1/2004. L. 2004: (2) amended, p. 1212, § 103, effective August 4. L. 2021: (1) and (3) amended, (SB 21-271), ch. 3325, p. 3325, § 774, effective 3/1/2022.
(1) This section is similar to former § 43-6-204 as it existed prior to 1994.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsections (1) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.