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 40-10.1-203 - Rules for issuance of certificate - standing to protest - judicial review - legislative declaration

(1)
The commission has the power to issue a certificate to a common carrier or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in the commission's judgment, the public convenience and necessity may require.
(2)
(a)
The granting of a certificate to operate a taxicab service within and between counties with a population of less than seventy thousand, based on the most recent available federal census figures, is governed by the doctrine of regulated monopoly.
(b)
(I)
The granting of a certificate to operate a taxicab service within and between those counties with a population of seventy thousand or greater that are not served by a large-market taxicab service pursuant to part 7 of this article 10.1, based on the most recent available federal census figures, is not an exclusive grant or monopoly, and the doctrine of regulated competition applies.
(II)
The general assembly finds, determines, and declares that nothing in this subsection (2) requires or prohibits a taxicab company applying for a certificate to form a labor union nor requires any taxicab driver to join a labor union.
(c)
(I)
(A)
Repealed.
(B)
Notwithstanding any provision of this section to the contrary, the holder of a certificate of public convenience and necessity that contains authority to operate as a taxicab between points within the state of Colorado shall also be deemed to hold taxicab authority to pick up passengers from any point in the state of Colorado and transport the passengers back to the certificate holder's authorized area when the certificate holder has dropped off passengers in close proximity to that point. The provisions of this sub-subparagraph (B) do not apply when a taxicab drops off a passenger at any airport in this state.
(II)
The holder of a certificate that contains authority to operate a taxicab service to points in the city and county of Denver also holds taxicab service authority from points in the city and county of Denver to all points within the common carrier's base area, defined as that geographic area in which such common carrier may provide point-to-point taxicab service.
(III)
The commission shall amend, by order and without notice or hearing, any existing taxicab service certificate by removing all language authorizing large-market taxicab service offered in accordance with part 7 of this article 10.1.
(3)
When a request for reconsideration of a written recommended decision under this section has been made by filing exceptions pursuant to section
40-6-109
and the commission has rendered a final decision on the exceptions as provided in article
6
of this title 40, any party to the proceeding may, within thirty days after the final decision, apply directly to a district court in this state for judicial review pursuant to section
40-6-115
. For purposes of judicial review, a decision of the commission on exceptions is final on the date the decision is served on the parties to the proceeding.
Amended by 2018 Ch. 363,§ 9, eff. 8/8/2018.
Amended by 2015 Ch. 339,§ 1, eff. 8/5/2015.
L. 2011: (2)(c)(I) amended, (SB 11-180), ch. 249, p. 1085, §1, effective June 2; entire article added, (HB 11-1198), ch. 127, p. 406, §1, effective August 10. L. 2015: (2)(b)(II) amended, (HB 15-1316), ch. 339, p. 1376, § 1, effective August 5. L. 2018: (2)(b), (2)(c)(III), and (3) amended and (2)(c)(I)(A) repealed, (HB 18-1320), ch. 363, p. 2166, § 9, effective August 8.
Subsection (2)(c)(I) was numbered as § 40-10-105(2)(d)(I) in Senate Bill 11-180 (see L. 2011, p. 1085 ). That provision was harmonized with subsection (2)(c)(I) as it appears in House Bill 11-1198.