2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Article 4 - REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Part 5 - SIZE - WEIGHT - LOAD (§§ 42-4-501 — 42-4-513) › Section 42-4-508 - Gross weight of vehicles and loads - definition

(1)
(a)
Except as provided in subsection (1.5) of this section, a person shall not move or operate a vehicle or combination of vehicles on any highway or bridge when the gross weight upon any one axle of a vehicle exceeds the limits prescribed in section
42-4-507
.
(b)
Subject to the limitations prescribed in section
42-4-507
, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W = 1,000 (L + 40), where W represents the gross weight in pounds and L represents the length in feet between the centers of the first and last axles of such vehicle or combination of vehicles; except that, in computation of this formula, the gross vehicle weight must not exceed eighty-five thousand pounds. For the purposes of this section, where a combination of vehicles is used, a vehicle must not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that these limitations shall not apply to specialized trailers of fixed public utilities whose axles may carry less than ten percent of the weight of the combination. The limitations provided in this section must be strictly construed and enforced.
(c)
Notwithstanding any other provisions of this section, except as may be authorized under section
42-4-510
, a person shall not move or operate a vehicle or combination of vehicles on any highway or bridge that is part of the national system of interstate and defense highways, also known as the interstate system, when the gross weight of such vehicle or combination of vehicles exceeds the amount determined by the formula W = 500 [(LN/N-1) + 12N + 36], up to a maximum of eighty thousand pounds, where W represents the overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L represents the distance in feet between the extreme of any group of two or more consecutive axles, and N represents the number of axles in the group.
(d)
For the purposes of this subsection (1), where a combination of vehicles is used, a vehicle must not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that this limitation does not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten percent of the weight of the combination.
(1.5)
The gross weight limits provided in subsection (1) of this section increase, but by no more than two thousand pounds, for any vehicle or combination of vehicles if the vehicle or combination of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. For the purposes of this subsection (1.5), "alternative fuel" has the same meaning provided in section
24-30-1104 (2)(c)(III)(A)
.
(2)
The department upon registering any vehicle under the laws of this state, which vehicle is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may acquire such information and may make such investigation or tests as necessary to enable it to determine whether such vehicle may safely be operated upon the highways in compliance with all the provisions of this article. The department shall not register any such vehicle for a permissible gross weight exceeding the limitations set forth in sections
42-4-501
to
42-4-512
and
42-4-1407
. Every such vehicle shall meet the following requirements:
(a)
It shall be equipped with brakes as required in section
42-4-223
;
(b)
Every motor vehicle to be operated outside of business and residence districts shall have motive power adequate to propel at a reasonable speed such vehicle and any load thereon or to be drawn thereby.
(3)
If the federal highway administration or the United States congress prescribes or adopts vehicle size or weight limits greater than those now prescribed by the "Federal-Aid Highway Act of 1956", which limits exceed in full or in part the provisions of section
42-4-504
or paragraph (b) or (c) of subsection (1) of this section, the transportation commission, upon determining that Colorado highways have been constructed to standards which will accommodate such additional size or weight and that the adoption of said size and weight limitations will not jeopardize any distribution of federal highway funds to the state, may adopt size and weight limits comparable to those prescribed or adopted by the federal highway administration or the United States congress and may authorize said limits to be used by owners or operators of vehicles while said vehicles are using highways within this state; but no vehicle size or weight limit so adopted by the commission shall be less in any respect than those now provided for in section
42-4-504
or paragraph (b) or (c) of subsection (1) of this section.
(4)
Any person who drives a vehicle or owns a vehicle in violation of any provision of this section commits a class 2 misdemeanor traffic offense.
Amended by 2016 Ch. 142, § 2, eff. 8/10/2016.
Amended by 2013 Ch. 60, § 1, eff. 3/22/2013.
L. 94: (1)(c)(III)(B) amended, p. 304, § 3, effective March 22; entire title amended with relocations, p. 2331, § 1, effective 1/1/1995. L. 96: IP(1) amended and (1.5) added, p. 630, § 4, effective 1/1/1997. L. 2009: (1)(b) amended, (SB 09 -108), ch. 51, p. 51, § 8, effective 1/1/2010; (1)(b) amended, (HB 09-1318), ch. 1703, p. 1703, § 1, effective 1/1/2010. L. 2013: (1) amended, (HB 13 -1132), ch. 197, p. 197, § 1, effective March 22. L. 2016: (1.5) amended, (HB 16-1298), ch. 422, p. 422, § 2, effective August 10. L. 2020: (1.5) amended, (HB 20 -1167), ch. 192, p. 192, § 5, effective September 14.
(1) This section is similar to former § 42-4-407 as it existed prior to 1994, and the former § 42-4-508 was relocated to §
42-4-607
.
(2) Amendments to subsection (1)(c)(III)(B) by House Bill 94-1012 were harmonized with Senate Bill 94-001.
(3) Subsection (1)(b) was amended by Senate Bill 09-108 and was further amended by House Bill 09-1318. The amendments made by House Bill 09-1318 reversed the changes made by Senate Bill 09-108 and returned subsection (1)(b) to its original form. Both bills had an effective date of January 1, 2010, therefore, no changes are being shown in subsection (1)(b).
The "Federal-Aid Highway Act of 1956" was repealed and now has provisions contained in 23 U.S.C. §§101 , 103 , 104 , 107 , 108 , 109 , 113 , 115 , 118 , 120 , 123 , 128 , 129 , and 304 to 306 .