2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-112 - Applicability of civil penalties

(1)
(a)
A person who operates or offers to operate as a motor carrier as defined in section
40-10.1-101
; a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register under section
40-10.5-102
; or a transportation network company required to obtain a permit under section
40-10.1-606
is subject to civil penalties as provided in this section and sections
40-7-113
to
40-7-116
, in addition to any other sanctions that may be imposed pursuant to law.
(b)
The commission shall transmit all penalties it collects to the state treasurer, who shall credit them to the legal services offset fund created in section
40-7-118
; except that the state treasurer shall credit one-half of any civil penalty imposed upon a motor carrier of household goods to the moving outreach fund created in section
40-10.1-509
.
(2)
Subsections (3) to (5) of this section and the civil penalties provided in section
40-7-113
do not apply to persons transporting nuclear materials who commit violations of section
42-20-406 (3)
,
42-20-407
, or
42-20-505
, C.R.S., or to persons transporting hazardous materials who commit violations of section
42-20-204
, C.R.S.
(3)
An owner or other person allowing a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section
40-7-113 (1)
is subject to the civil penalties provided in section
40-7-113
if he or she knows or has reason to know that the driver is engaged in a violation.
(4)
An owner or other person who directs a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section
40-7-113 (1)
is subject to the civil penalties provided in section
40-7-113
.
(5)
Any civil penalty assessed against an owner or other person pursuant to subsection (3) or (4) of this section is in addition to, and not in lieu of, any civil penalty against the actual driver of the vehicle, and any such penalty may be assessed upon the initial violation by the person.
Amended by 2017 Ch. 281, § 1, eff. 8/9/2017.
Amended by 2014 Ch. 323, § 2, eff. 6/5/2014.
Amended by 2013 Ch. 365, § 1, eff. 6/5/2013.
L. 89: Entire section added, p. 1540, § 1, effective April 12. L. 93: (2) amended, p. 1623, § 3, effective June 6. L. 94: (2) amended, p. 2570, § 94, effective 1/1/1995. L. 95: (1) amended, p. 1209, § 23, effective May 31. L. 98: (1) amended, p. 1058, § 5, effective July 1. L. 2003: (1) amended, p. 2380, § 3, effective August 6. L. 2005: (1) amended, p. 782, § 74, effective June 1. L. 2006: (1) amended, p. 1095, § 7, effective August 7. L. 2009: (1) amended, (SB 09 -292), ch. 369, p. 1982, § 120, effective August 5. L. 2011: Entire section amended, (HB 11 - 11 98), ch. 127, p. 420, § 17, effective August 10. L. 2013: (1) amended, (SB 13-189), ch. 365, p. 2126, § 1, effective June 5. L. 2014: (1)(a) amended, (SB 14-125), ch. 323, p. 1408, § 2, effective June 5. L. 2017: (1)(b) amended, (SB 17-180), ch. 281, p. 1531, § 1, effective August 9.