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 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-105 - Enforcement

(1)
The provisions of parts 1, 2, and 3 of this article relating to the transportation of hazardous materials by motor vehicle may only be enforced by an enforcement official.
(2)
Any enforcement official shall have the authority to issue penalty assessments for the misdemeanor traffic offenses specified in sections
42-20-204 (1)
and
42-20-305 (2)
. At any time that a person is cited for a violation of any of the offenses specified, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a 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 receipt of the penalty assessment notice, a place for such person to execute a signed acknowledgment of guilt for the cited violation, and such other information as may be required by law to constitute such notice as a summons and complaint to appear in court should the prescribed penalty not be paid within twenty days. Every cited person shall execute the signed acknowledgment of receipt of the penalty assessment notice. The acknowledgment of guilt shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the specified penalty at the office of the department of revenue, either in person or by postmarking such payment within twenty days after 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 twenty days of the notice, the penalty assessment notice shall constitute a summons and complaint to appear in the county court of the county in which the penalty assessment was issued at a time and place specified by the notice, unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt.
(3)
All enforcement officials may, at their discretion and in lieu of issuing the penalty assessments pursuant to subsection (2) of this section, issue warning citations to persons who violate the provisions of part 1, 2, or 3 of this article.
(4)
Enforcement of any law relating to the fixed-site storage or use of hazardous materials shall not be affected by the provisions of part 1, 2, or 3 of this article.
L. 94: Entire title amended with relocations, p. 2518, § 1, effective 1/1/1995. L. 2000: (2) amended, p. 1651, § 47, effective June 1. L. 2003: (1) amended, p. 664, § 2, effective August 6. L. 2006: (1) amended, p. 1064, § 2, effective July 1.
This section is similar to former § 43-6-105 as it existed prior to 1994.