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 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-406 - Violations - civil penalties - motor vehicles

(1)
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)
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)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Any person who operates a motor vehicle without meeting driver qualifications, as established in
49 CFR 177.800 (c)
and section
42-20-501
, shall be assessed a civil penalty of five hundred dollars.
(h)
Any person who carries an unauthorized passenger, as defined in
49 CFR 392.60
, shall be assessed a civil penalty of one hundred dollars.
(i)
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.
(j)
Any person who operates an unsafe vehicle, as described in
49 CFR 396.7
, shall be assessed a civil penalty of one hundred fifty dollars.
(k)
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.
(l)
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.
(m)
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.
(n)
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.
(o)
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.
(p)
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.
(q)
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.
(r)
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.
(s)
Any person who improperly fills out the shipping papers required by
49 CFR 172
, subpart C, shall be assessed a civil penalty of five hundred dollars.
(t)
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.
(u)
Any person who supplies inaccurate information in, or who fails to comply with, the route plan required by
49 CFR 397.101 (d)
shall be assessed a civil penalty of five hundred dollars.
(v)
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.
(w)
Any person who transports nuclear materials in excess of the maximum permissible transport index, as provided in
49 CFR 173
, shall be assessed a civil penalty of one thousand dollars.
Amended by 2022 Ch. 421, § 93, eff. 8/10/2022.
Amended by 2020 Ch. 155, § 7, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2530, § 1, effective 1/1/1995. 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. 1084, 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 1/1/2021.
This section is similar to former § 43-6-406 as it existed prior to 1994.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).