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 6 - TRANSPORTATION NETWORK COMPANIES (§§ 40-10.1-601 — 40-10.1-609) › Section 40-10.1-606 - Permit required for transportation network companies - annual permit fee - penalty for violation - rules - repeal

(1)
A person shall not operate a transportation network company in Colorado without first having obtained a permit from the commission.
(2)
(a)
(I)
The commission shall issue a permit to each transportation network company that meets the requirements of this part 6 and pays an annual permit fee of one hundred eleven thousand two hundred fifty dollars to the commission. The commission may adjust the annual permit fee to cover the commission's direct and indirect costs associated with implementing this part 6.
(II)
This subsection (2)(a) is repealed, effective January 1, 2024.
(b)
On and after January 1, 2024, the commission shall issue a permit to each transportation network company that meets the requirements of this part 6 and pays an annual permit fee to the commission in an amount that the commission sets administratively with approval of the executive director of the department of regulatory agencies and that does not exceed one hundred eleven thousand two hundred fifty dollars. Before increasing a permit fee pursuant to this subsection (2)(b), the commission shall notify transportation network companies in writing of the increased fee at least thirty days before the increased fee takes effect.
(c)
The commission may adopt rules establishing different tiers of permit fees to be set administratively for distinct types of transportation network companies based on the commission's consideration of market factors, including:
(I)
A transportation network company's market share in the areas in which it operates;
(II)
The number of years that a transportation network company has operated in the state;
(III)
Whether a newly formed transportation network company entering the market is:
(A)
An affiliate or a subsidiary of an existing motor carrier;
(B)
A taxicab company or shuttle company that has converted to a transportation network company pursuant to section
40-10.1-605 (1)(n)
; or
(C)
A new entity that has not previously been a motor carrier and is not an affiliate or a subsidiary of a motor carrier; and
(IV)
The transportation network company's ownership structure.
(d)
In establishing different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall ensure that the revenue generated from all transportation network company permit fees approximates the direct and indirect costs of the commission in the supervision and regulation of transportation network companies.
(e)
If the commission adopts rules to establish different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall publish the criteria that it used to establish the different tiers of permit fees on the commission's website.
(3)
The commission shall determine the form and manner of application for a transportation network company permit.
(4)
The commission may take action against a transportation network company as set forth in section
40-10.1-112
, including issuing an order to cease and desist and suspending, revoking, altering, or amending a permit issued to the transportation network company.
(5)
(a)
For a violation of this part 6 or a failure to comply with a commission order, decision, or rule issued under this part 6, a transportation network company is subject to the commission's authority under sections
40-7-101
,
40-7-112
,
40-7-113
,
40-7-115
, and
40-7-116
.
(b)
The commission shall not assess a penalty against a driver.
(6)
The commission may deny an application under this part 6 or refuse to renew the permit of a transportation network company based on a determination that the transportation network company has not satisfied a civil penalty arising out of an administrative or enforcement action brought by the commission.
Amended by 2023 Ch. 220,§ 3, eff. 5/18/2023.
Added by 2014 Ch. 323, § 6, eff. 6/5/2014.
L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1419, § 6, effective June 5.