reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-106 - Commission to make rules and prescribe rates

(1)
The commission has the authority and duty to prescribe such reasonable rules covering the operations of motor carriers as may be necessary for the effective administration of this article, including rules on the following subjects:
(a)
Ensuring public safety, financial responsibility, consumer protection, service quality, and the provision of services to the public;
(b)
The circumstances under which a towing carrier may perform a nonconsensual tow of a motor vehicle, the responsibilities and facilities of the towing carrier for the care or storage of the motor vehicle and its contents, and the minimum and maximum rates and charges to be collected by the towing carrier for the nonconsensual towing and storage of the motor vehicle. In setting the rates and charges pursuant to this section, the commission may require towing carriers performing nonconsensual tows to submit financial statements or other financial information to determine the costs associated with the performance of nonconsensual towing and any motor vehicle storage incident thereto.
(c)
The administration of the fingerprint-based criminal history record checks required by section
40-10.1-110
.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 399, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-107 - Financial responsibility - filing

(1)
Each motor carrier shall maintain and file with the commission evidence of financial responsibility in such sum, for such protection, and in such form as the commission may by rule require as the commission deems necessary to adequately safeguard the public interest.
(2)
The financial responsibility required by subsection (1) of this section must be in the form of a liability insurance policy issued by an insurance carrier or insurer authorized to do business in this state, or a surety bond issued by a company authorized to do business in this state, or proof of self-insurance.
(3)
An insurance policy, surety bond, or self-insurance pursuant to subsection (2) of this section shall be kept continuously effective during the life of a certificate or permit and the commission shall require such evidence of continued validity as the commission deems necessary.
(4)
No termination of an insurance policy or surety bond is valid unless the insurer or surety has notified both the holder of the policy or bond and the commission at least thirty days before the effective date of the termination.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 399, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-108 - Commission to make safety rules

(1)
The commission has the authority and duty to establish, for motor carriers subject to parts 2, 3, and 7 of this article 10.1, reasonable rules to promote safety of operation.
(2)
For the purpose of carrying out this section pertaining to safety, the commission may obtain the assistance of any agency of the United States or of this state having special knowledge of any matter necessary to promote the safety of operation and equipment of motor vehicles. In adopting such rules, the commission 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, recording and reporting of accidents, hours of service of drivers, and inspection and maintenance of motor vehicles.
Amended by 2018 Ch. 363,§ 5, eff. 8/8/2018.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 400, §1, effective August 10. L. 2018: (1) amended, (HB 18-1320), ch. 363, p. 2165, § 5, effective August 8.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-109 - Motor carrier compliance with safety rules

(1)
A motor carrier subject to part 2, 3, or 7 of this article 10.1 shall comply with the safety rules adopted by the commission pursuant to section
40-10.1-108
.
(2)
A motor carrier operating a motor vehicle that is defined as a commercial vehicle in section
42-4-235(1)(a)
, C.R.S., shall comply with the safety rules adopted by the department of public safety pursuant to section
24-33.5-203(1)(b)
, C.R.S., in addition to the rules adopted by the commission under subsection (1) of this section.
(3)
Nothing in subsection (1) or (2) of this section diminishes the authority of the commission, the department of public safety, a peace officer, or any other agent of government to enforce the laws of this state.
Amended by 2018 Ch. 363,§ 6, eff. 8/8/2018.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 400, §1, effective August 10. L. 2018: (1) amended, (HB 18-1320), ch. 363, p. 2165, § 6, effective August 8.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-113 - Penalty for violations

Any person who provides transportation in intrastate commerce without first obtaining a certificate or permit, violates any of the terms thereof, fails or refuses to make any return or report required by the commission, denies to the commission access to the books and records of such person, or makes any false return or report commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 701, eff. 3/1/2022.
L. 2011: Entire article added, (HB 11-1198), ch. 404, p. 404, § 1, effective August 10. L. 2021: Entire section amended, (SB 21-271), ch. 3298, p. 3298, § 701, effective 3/1/2022.
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).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-114 - Penalty for violation of article

(1)
Every motor carrier and every officer, agent, or employee of a motor carrier and every other person who violates or fails to comply with or who procures, aids, or abets in the violation of this article, who fails to obey, observe, or comply with any order, decision, or rule of the commission adopted under this article, or who procures, aids, or abets any person in such failure to obey or observe such order, decision, or rule commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
(2)
An individual who is employed by or who contracts with a motor carrier and who operates a motor vehicle for the motor carrier's business in violation of section
40-10.1-110
commits a petty offense and shall be punished as provided in section
18-1.3-503
.
(3)
Each day of a continuing violation of this article constitutes a separate offense.
Amended by 2021 Ch. 462, § 702, eff. 3/1/2022.
L. 2011: Entire article added, (HB 11-1198), ch. 404, p. 404, § 1, effective August 10. L. 2021: (2) amended, (SB 21-271), ch. 3298, p. 3298, § 702, effective 3/1/2022.
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).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-115 - Jurisdiction of courts

The district court or, within its jurisdiction, the county court of any county in or through which a motor carrier operates has jurisdiction in all matters arising under this article on account of the operations of such motor carrier except as otherwise provided in this article and excepting those matters expressly delegated to the commission; and it is the duty of the district attorney for the county having jurisdiction to prosecute all violations of this article.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 404, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-116 - [Effective Until 8/7/2024] Commission to notify local authorities - procedure

(1)
Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an act in violation of the law or of any order, decision, rule, direction, or requirement of the commission, the commission shall request the attorney general of the state or the district attorney of any district to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose or in which the motor carrier complained of maintains a principal place of business or resides. Such action or proceeding must be conducted in accordance with section
40-7-104
; except that references in section
40-7-104
to the attorney general include any district attorney bringing the action or proceeding.
(2)
Appellate review may be obtained in the supreme court concerning a final judgment in an action or proceeding under this section in the same manner and with the same effect, subject to this article, as appellate review of judgments of the district court in other actions for mandamus or injunction.
(3)
A person injured by the noncompliance of a motor carrier with this article or any other provision of law or an order, decision, rule, direction, or requirement of the commission may apply to a court of competent jurisdiction for the enforcement thereof, and the court has jurisdiction to enforce obedience thereto by injunction or other proper process, mandatory or otherwise, and to restrain the motor carrier and its officers, agents, employees, or representatives from further disobedience thereof, or to enjoin upon them obedience to the same, and any person so injured has cause of action in damages and is privileged to pursue the usual and proper remedies as in any other case.
L. 2011: Entire article added, (HB 11 - 11 98), ch. 127, p. 405, § 1, effective August 10.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-116 - [Effective 8/7/2024] Commission to notify local authorities - procedure

(1)
Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an act in violation of the law or of any order, decision, rule, direction, or requirement of the commission, the commission shall request the attorney general of the state or the district attorney of any district to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose or in which the motor carrier complained of maintains a principal place of business or resides. Such action or proceeding must be conducted in accordance with section
40-7-104
; except that references in section
40-7-104
to the attorney general include any district attorney bringing the action or proceeding.
(2)
Appellate review may be obtained in the supreme court concerning a final judgment in an action or proceeding under this section in the same manner and with the same effect, subject to this article, as appellate review of judgments of the district court in other actions for mandamus or injunction.
(3)
(a)
A person injured by the noncompliance of a motor carrier with this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission may apply to a court of competent jurisdiction for the enforcement thereof, and the court has jurisdiction to enforce obedience thereto by injunction or other proper process, mandatory or otherwise, and to restrain the motor carrier and its officers, agents, employees, or representatives from further disobedience thereof, or to enjoin upon them obedience to the same, and any person so injured has cause of action in damages and is privileged to pursue the usual and proper remedies as in any other case.
(b)
Subsection (3)(a) of this section creates an independent cause of action, which is not subject to administrative exhaustion, against a towing carrier that violated this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission.
Amended by 2024 Ch. 292,§ 10, eff. 8/7/2024, app. acts committed on or after the applicable effective date.
L. 2011: Entire article added, (HB 11 - 11 98), ch. 127, p. 405, § 1, effective August 10.
2024 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-117 - Limited regulation of transportation network companies

Notwithstanding any other provision of law, transportation network companies, as defined in section
40-10.1-602(3)
, are governed exclusively under part 6 of this article.
Added by 2014 Ch. 323,§ 5, eff. 6/5/2014.
L. 2014: Entire section added, (SB 14-125), ch. 323, p. 1409, § 5, effective June 5.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-118 - Certificated taxi carrier parity report - recommendations - legislative declaration - repeal

(1)
The general assembly hereby finds and declares that:
(a)
When the general assembly enacted Senate Bill 21-260, enacted in 2021, it established a policy that a sustainable transportation system must be funded adequately and equitably with contributions from users that bear a reasonable relationship to their use of and impacts on the system and the environment and the costs incurred in mitigating those impacts;
(b)
As a result of the enactment of Senate Bill 21-260, enacted in 2021, on and after July 1, 2022, transportation network companies will pay per ride fees for each prearranged ride requested and accepted through their digital networks, but authorized taxi carriers will not be required to pay per ride fees; and
(c)
Consistent with the policy that the transportation system be funded adequately and equitably with contributions from users, it is necessary and appropriate to assess whether there is parity between authorized taxi carriers and transportation network companies with respect to their contributions to the funding of the transportation system.
(2)
The staff of the commission shall report whether, taking into account any relevant differences in their business models, regulatory burdens, and impacts on the sustainability of the transportation system, there is parity between authorized taxi carriers and transportation network companies with respect to their contributions to the funding of the transportation system. The staff of the commission shall report its findings to the transportation legislation review committee of the general assembly created in section
43-2-145(1)(a)
during the 2023 legislative interim.
(3)
This section is repealed, effective July 1, 2024.
Added by 2021 Ch. 250,§22, eff. 6/17/2021.
L. 2021: Entire section added, (SB 21-260), ch. 1404, p. 1404, § 22, effective June 17.
For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 2 - MOTOR CARRIERS OF PASSENGERS - COMMON CARRIERS AND CONTRACT CARRIERS (§§ 40-10.1-201 — 40-10.1-207) › Section 40-10.1-201 - Certificate required

(1)
A person shall not operate or offer to operate as a common carrier in intrastate commerce without first having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation.
(2)
The fact that a person carries on operations, in whole or in part, between substantially fixed points or over established routes, or under contracts with more than one person, or by making repeated or periodic trips is prima facie evidence that the person is a common carrier and subject to this part 2 and part 1 of this article.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 405, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 2 - MOTOR CARRIERS OF PASSENGERS - COMMON CARRIERS AND CONTRACT CARRIERS (§§ 40-10.1-201 — 40-10.1-207) › Section 40-10.1-202 - Permit required - legislative declaration

(1)
(a)
A person shall not operate or offer to operate as a contract carrier in intrastate commerce without first obtaining a permit for such operation from the commission. As used in this part 2, "permit" does not include a permit under part 3, 4, or 5 of this article.
(b)
The general assembly hereby declares that the business of contract carriers is affected with a public interest and that the safety and welfare of the public traveling upon the highways, the preservation and maintenance of the highways, and the proper regulation of common carriers using the highways require the regulation of contract carriers to the extent provided in this article, for which purposes the commission is vested with the authority to issue a permit to a contract carrier and may attach to such permit and to the exercise of the rights and privileges granted by the permit such terms and conditions as are reasonable.
(2)
No permit, nor any extension or enlargement of an existing permit, shall be granted by the commission if, in the commission's judgment, the proposed operation of any such contract carrier will impair the efficient public service of any authorized common carrier then adequately serving the same territory over the same general highway route. The commission shall give written notice of any application for a permit to all persons interested in or affected by the issuance of the permit or any extension or enlargement thereof, pursuant to section
40-6-108(2)
.
(3)
Nothing contained in this article compels a contract carrier to be or become a common carrier or subjects a contract carrier to the laws or liability applicable to a common carrier.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 406, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 2 - MOTOR CARRIERS OF PASSENGERS - COMMON CARRIERS AND CONTRACT CARRIERS (§§ 40-10.1-201 — 40-10.1-207) › Section 40-10.1-205 - Transfer of certificate or permit

(1)
A certificate or permit, or rights obtained under a certificate or permit, that are held, owned, or obtained by any common carrier or contract carrier may be sold, assigned, leased, encumbered, or transferred as other property, subject to prior authorization by the commission.
(2)
Absent other facts, the fact that a common carrier or contract carrier conducts operations with independent contractors does not in and of itself constitute a lease or transfer of the certificate.
(3)
An existing certificate or permit shall not be transferred unless the fitness of the transferee is established to the satisfaction of the commission.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 408, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 2 - MOTOR CARRIERS OF PASSENGERS - COMMON CARRIERS AND CONTRACT CARRIERS (§§ 40-10.1-201 — 40-10.1-207) › Section 40-10.1-206 - Rates - limitations

(1)
It is unlawful for any common carrier to carry or advertise that it will carry any individuals at rates different from those it has on file with the commission for such carriage.
(2)
A contract carrier shall not destroy or impair, through discrimination or unfair competition, the service or business of any common carrier or the integrity of the state's regulation of any such service or business; and to that end, the commission is authorized and directed to prescribe minimum rates, fares, and charges to be collected by contract carriers when competing with duly authorized common carriers, which rates, fares, and charges must not be less than the rates prescribed for common carriers for substantially the same or similar service.
(3)
In accordance with this article and such rules as the commission may prescribe, every contract carrier subject to this article shall file with the commission, within such time and in such form as the commission may designate, and shall keep on file with the commission, at all times, schedules showing rates, charges, and collections, collected or enforced or to be collected or enforced, that in any manner affect or relate to the operations of any such contract carrier; and the commission has full power to change, amend, or alter any such tariff or, after hearing, fix the rates of any contract carrier subject to this article that competes with a common carrier.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 409, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 2 - MOTOR CARRIERS OF PASSENGERS - COMMON CARRIERS AND CONTRACT CARRIERS (§§ 40-10.1-201 — 40-10.1-207) › Section 40-10.1-207 - Taxicab license plates - rules

(1)
(a)
The commission shall either:
(I)
Create a document that a person authorized to provide taxicab services under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or
(II)
Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide taxicab services under this part 2.
(b)
Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or the department's authorized agent.
(2)
The commission may promulgate rules to implement this section and to enforce section
42-3-236
, C.R.S.
(3)
Repealed.
L. 2011: Entire section added, (HB 11-1234), ch. 142, p. 496, §4, effective July 1.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2012. (See L. 2011, p. 496.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 3 - MOTOR CARRIERS OF PASSENGERS - LIMITED REGULATION (§§ 40-10.1-301 — 40-10.1-304) › Section 40-10.1-302 - Permit requirements

(1)
(a)
A person shall not operate or offer to operate a charter bus, children's activity bus, fire crew transport, luxury limousine, or off-road scenic charter in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this part 3.
(b)
A person may apply for a permit under this part 3 to the commission in such form and with such information as the commission may require. A permit is valid for one year after the date of issuance.
(2)
(a)
Except as otherwise provided in subsection (3) of this section, the commission shall issue a permit to a motor carrier of passengers under this part 3 upon completion of the application and compliance with the financial responsibility requirements of this article.
(b)
Repealed.
(3)
A person whose permit has been revoked for cause is not eligible for another permit for two years after the date of revocation. If an entity's permit has been revoked, the two-year ineligibility also applies to the entity's principals, officers, directors, and members of the entity, except for a revocation for failure to carry insurance unless the person knowingly operated a motor carrier without insurance.
(4)
In order to obtain a permit under this section, an applicant must have each vehicle operated under the permit inspected within the immediately preceding twenty days by a qualified mechanic in accordance with rules promulgated by the commission. The applicant must also attach a report showing each vehicle passed inspection.
(5)
Effective July 1, 2016, any existing permit issued pursuant to this part 3 expires on the anniversary of its issuance.
Amended by 2021 Ch. 381,§5, eff. 6/29/2021.
Amended by 2016 Ch. 186,§3, eff. 5/20/2016.
Amended by 2013 Ch. 365,§3, eff. 6/5/2013.
L. 2011: Entire article added, (HB 11-1198), ch. 410, p. 410, § 1, effective August 10. L. 2013: (2) amended and (3) and (4) added, (SB 13-189), ch. 2127, p. 2127, § 3, effective June 5. L. 2016: (1) and (2) amended and (5) added, (HB 16-1097), ch. 186, p. 656, § 3, effective May 20. L. 2021: (1)(a) amended and (2)(b) repealed, (HB 21-1206), ch. 2553, p. 2553, § 5, effective June 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 3 - MOTOR CARRIERS OF PASSENGERS - LIMITED REGULATION (§§ 40-10.1-301 — 40-10.1-304) › Section 40-10.1-303 - Livery license plates - rules

(1)
The commission shall either:
(a)
Create a document that a person authorized to provide luxury limousine service under this article may use to verify to the department of revenue or its authorized agent that the person provides such service; or
(b)
Create a system to electronically verify to the department of revenue or its authorized agent that the person is authorized to provide luxury limousine service under this article.
(2)
Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or its authorized agent.
(3)
The commission may promulgate rules to implement this section and to enforce section
42-3-235
, C.R.S.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 411, §1, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 3 - MOTOR CARRIERS OF PASSENGERS - LIMITED REGULATION (§§ 40-10.1-301 — 40-10.1-304) › Section 40-10.1-304 - Revocation of permit for failure to pay fine

(1)
If a carrier that holds a permit under this part 3 fails to pay a fine or civil penalty imposed under this article 10.1 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, the carrier's permit is revoked immediately. Any of the following are disqualified from applying for a permit for thirty-six months after the date the fine or civil penalty is due:
(a)
The carrier;
(b)
Any owner, principal, officer, member, partner, or director of the carrier; and
(c)
Any other entity owned or operated by that owner, principal, officer, member, partner, or director.
(2)
This disqualification is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section
40-10.1-112(4)
.
Amended by 2017 Ch. 281,§ 4, eff. 8/9/2017.
Added by 2013 Ch. 365,§ 4, eff. 6/5/2013.
L. 2013: Entire section added, (SB 13-189), ch. 365, p. 2127, § 4, effective June 5. L. 2017: IP(1) amended, (SB 17-180), ch. 281, p. 1532, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-402 - Verification of authority - notice of requirement for designated license plates - rules

(1)
(a)
The commission shall either:
(I)
Create a document that a person authorized to operate as a towing carrier under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or
(II)
Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide towing services under this part 4.
(b)
Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or the department's authorized agent.
(2)
The commission may promulgate rules to implement this section and to enforce section
42-3-235.5
, C.R.S.
(3)
Repealed.
L. 2012: Entire section added, (HB 12-1327), ch. 217, p. 933, § 3, effective May 24.
(1) Section 6 of chapter 217, Session Laws of Colorado 2012, provides that the act adding this section applies to towing carriers that applied for permits on, before, or after May 24, 2012.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2013.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-404 - [Effective Until 8/7/2024] Repeal of part - subject to review

(1)
This part 4 is repealed, effective September 1, 2025. Before the repeal, this part 4 is scheduled for review in accordance with section
24-34-104
and subsection (2) of this section.
(2)
In conducting its review in accordance with section
24-34-104 (5)
and in considering the factors set forth in section
24-34-104 (6)(b)
, the department of regulatory agencies shall consider the following in evaluating the performance of the commission with regard to regulating towing carriers:
(a)
With regard to complaints filed with the commission about towing services:
(I)
The number and nature of complaints filed each year; and
(II)
How the commission handles the complaints and how the complaints are resolved; and
(b)
Whether the towing industry and consumers would benefit from dispute resolution regarding complaints and whether such dispute resolution is being used in any other states.
(3)
Repealed.
Amended by 2022 Ch. 421, § 88, eff. 8/10/2022.
Added by 2021 Ch. 472, § 4, eff. 7/7/2021.
L. 2021: Entire section added, (HB 21-1283), ch. 3386, p. 3386, § 4, effective July 7.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-404 - [Effective 8/7/2024] Repeal of part - subject to review

(1)
This part 4 is repealed, effective September 1, 2030. Before the repeal, this part 4 is scheduled for review in accordance with section
24-34-104
and subsection (2) of this section.
(2)
In conducting its review in accordance with section
24-34-104 (5)
and in considering the factors set forth in section
24-34-104 (6)(b)
, the department of regulatory agencies shall consider the following in evaluating the performance of the commission with regard to regulating towing carriers:
(a)
With regard to complaints filed with the commission about towing services:
(I)
The number and nature of complaints filed each year; and
(II)
How the commission handles the complaints and how the complaints are resolved; and
(b)
Whether the towing industry and consumers would benefit from dispute resolution regarding complaints and whether such dispute resolution is being used in any other states.
(3)
Repealed.
Amended by 2024 Ch. 292,§ 8, eff. 8/7/2024, app. acts committed on or after the applicable effective date.
Amended by 2022 Ch. 421, § 88, eff. 8/10/2022.
Added by 2021 Ch. 472, § 4, eff. 7/7/2021.
L. 2021: Entire section added, (HB 21-1283), ch. 3386, p. 3386, § 4, effective July 7.
2024 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-406 - [Effective Until 8/7/2024] Failure to comply

(1)
No fees.
(a)
If a towing carrier fails to comply with this article 10.1, article
20
of title
38
, or part 18 or 21 of article
4
of title
42
or any rule promulgated under this article 10.1 or part 18 or 21 of article
4
of title
42
, the towing carrier:
(I)
Shall not charge or retain any fees or charges for the services performed with respect to the vehicle; and
(II)
Shall return to the authorized or interested person any fees it collected with respect to the vehicle.
(b)
It is an affirmative defense in any action to collect towing fees that:
(I)
The vehicle was towed nonconsensually; and
(II)
The towing carrier failed to comply with section
40-10.1-405
.
(2)
Attorney fees.
An authorized or interested person seeking reimbursement for damages may recover from the towing carrier reasonable attorney fees if:
(a)
The vehicle was towed nonconsensually;
(b)
A court holds that:
(I)
The towing carrier failed to comply with this article 10.1, article
20
of title
38
, or part 18 or 21 of article
4
of title
42
or any rule promulgated under this article 10.1 or part 18 or 21 of article
4
of title
42
, and this failure caused damages, including economic damages, to the vehicle owner or lienholder; or
(II)
The towing carrier damaged a vehicle while connecting it to a towing vehicle, while possessing the vehicle, or while returning the vehicle to an authorized or interested person; and
(c)
The authorized or interested person demanded reimbursement for the suffered damages and the towing carrier refused to reimburse the authorized or interested person for the damages.
(3)
Damages recovered for party in interest.
In a court action arising from a nonconsensual tow, any authorized or interested person may recover the damages suffered by another authorized or interested person from a towing carrier if the person who recovers the damages reimburses the other authorized or interested person for the damages suffered by the authorized or interested person. A court may issue an order implementing this subsection (3).
Added by 2022 Ch. 416, § 11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-407 - Records - rules

(1)
A towing carrier shall record the following information for each nonconsensual tow:
(a)
The unique serial number of the tow record or invoice;
(b)
The name, address, towing carrier permit number, and telephone number of the towing carrier;
(c)
The address and telephone number of the storage facility used by the towing carrier;
(d)
The make, model, year, complete vehicle identification number, and license plate number, if available, of the towed vehicle;
(e)
The origin address of the tow, the destination address of the tow, and the one-way mileage between the two addresses;
(f)
The printed name, address, telephone number, and signature of the person authorizing the tow;
(g)
The printed name and signature of the tow truck driver;
(h)
An itemized invoice of all towing charges assessed;
(i)
The signature of the person to whom the vehicle is released; except that the towing carrier may write "refused to sign" if the person to whom the vehicle is released refuses to sign the release document;
(j)
The date and time of any of the following, if performed:
(I)
Hooking the vehicle to the tow truck;
(II)
Unhooking the vehicle from the tow truck;
(III)
Completing the tow;
(IV)
Notifying the appropriate law enforcement agency;
(V)
Placing the vehicle in storage; and
(VI)
Releasing the towed vehicle from storage; and
(k)
Any other information required by rule of the commission.
(2)
A towing carrier shall record the information required to be recorded by subsection (1) of this section before the action to which it refers is performed, unless impracticable due to safety concerns. If the safety concerns delay recording the information required by subsection (1) of this section, the towing carrier shall record the information as soon as reasonably possible.
(3)
A towing carrier shall retain the information required in subsection (1) of this section for three years after the tow commenced.
(4)
Within forty-eight hours after a request, a towing carrier shall provide the information required to be recorded by subsection (1) of this section to an authorized or interested person.
Added by 2022 Ch. 416,§11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-408 - Kickbacks prohibited

A towing carrier shall not pay money or other valuable consideration for the privilege of nonconsensually towing vehicles.
Added by 2022 Ch. 416,§11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-409 - [Effective Until 8/7/2024] Violators subject to penalties

(1)
A towing carrier that violates this part 4 is subject to the penalties provided in section
40-10.1-114
.
(2)
A violation of this part 4 is a deceptive trade practice under section
6-1-105 (1)(ttt)
and is subject to enforcement by the attorney general's office in addition to the enforcement described in this section.
Added by 2022 Ch. 416, § 11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-409 - [Effective 8/7/2024] Violators subject to penalties

(1)
A towing carrier that violates this part 4 is subject to the penalties provided in section
40-10.1-114
.
(2)
A violation of this part 4 is a deceptive trade practice under section
6-1-105 (1)(ttt)
and (1)(eeee) and is subject to enforcement by the attorney general's office or a district attorney or enforcement as described in this section.
Amended by 2024 Ch. 292,§ 5, eff. 8/7/2024, app. acts committed on or after the applicable effective date.
Added by 2022 Ch. 416, § 11, eff. 8/10/2022.
2024 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-410 - Towing rules

Upon making a finding that a towing practice harms the public interest, the commission may promulgate rules, as necessary, to stop or change the towing practice that harms the public interest.
Added by 2022 Ch. 416,§11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-411 - [Effective 8/7/2024] Towing carrier responsibility

The towing carrier is responsible for the security and safety of the towed vehicle until the vehicle is released to an authorized or interested person.
Added by 2024 Ch. 292,§ 6, eff. 8/7/2024, app. acts committed on or after the applicable effective date.
2024 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-501 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Accessorial service" means any service performed by a mover that results in a charge to the shipper and is incidental to the transportation service, including valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; long carry, which is defined as carrying articles excessive distances between the mover's vehicle and the residence; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. "Accessorial service" also includes services not performed by the mover but by a third party at the request of the shipper or mover if the charges for such services are to be paid to the mover by the shipper at or prior to the time of delivery.
(2)
"Contract" means a written document, approved by the shipper in writing before the performance of any service, that authorizes services from the named mover and lists the services and all costs associated with the transportation of household goods and accessorial services to be performed.
(3)
"Estimate" means a written document that sets forth the total cost and the basis of such costs related to a shipper's move, including transportation or accessorial services.
(4)
"Storage" means warehousing of the shipper's goods while under the care, custody, and control of the mover.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 412, §1, effective August 10.