reglab/statecodes huggingface dataset:
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-503 - Enforcement of carrier's lien

A mover without a current and valid permit issued under this part 5 is not entitled to acquire or enforce a carrier's lien under section
4-7-307
or
4-7-308
, C.R.S.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 413, §1, effective August 10.
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-504 - Advertising

(1)
No mover, nor any officer, agent, employee, or representative of the mover, shall advertise a transportation service in a name other than that in which the mover's permit is held.
(2)
Each advertisement of a mover shall include the phrase "CO PUC permit no. ___" and the physical address of the mover.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 413, §1, effective August 10.
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-506 - Delivery and storage of household goods

(1)
A mover shall relinquish household goods to a shipper and shall place the goods inside a shipper's dwelling unless the shipper has not tendered payment in the amount specified in a contract signed and dated by the shipper. A mover shall not refuse to relinquish prescription medicines, medical equipment, medical devices, or goods for use by children, including children's furniture, clothing, or toys, under any circumstances.
(2)
A mover shall not refuse to relinquish household goods to a shipper or fail to place the goods inside a shipper's dwelling based on the mover's refusal to accept an acceptable form of payment.
(3)
A mover that lawfully refuses to relinquish a shipper's household goods may place the goods in storage until payment is tendered; however, the mover shall notify the shipper of the location where the goods are stored and the amount due within five days after receipt of a written request for that information from the shipper, which request shall include the address where the shipper may receive the notice. A mover shall not require a prospective shipper to waive any rights or requirements under this section.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 416, §1, effective August 10.
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-507 - Binding arbitration

In the event of a dispute between a mover and a shipper concerning the amount charged for services or concerning lost or damaged goods, the mover shall offer the shipper the opportunity to participate in binding arbitration under the uniform rules for better business bureau binding arbitration or a substantially similar binding arbitration process promulgated by the council of better business bureaus, incorporated, or its successor organization. If the shipper accepts the offer to arbitrate, the mover shall participate in good faith in the arbitration process and shall agree to be bound by the arbitrator's award.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 416, §1, effective August 10.
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-508 - Revocation of permit for failure to pay fine

(1)
If a mover that holds a permit under this section fails to pay a fine or civil penalty imposed under this part 5 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, the permit is revoked immediately. Any of the following are disqualified from applying for a permit for thirty-six months after the date the fine or civil penalty is due:
(a)
The mover;
(b)
Any owner, principal, officer, member, partner, or director of the mover; and
(c)
Any other entity owned or operated by that owner, principal, officer, member, partner, or director.
(2)
This disqualification is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section
40-10.1-112(4)
.
Amended by 2017 Ch. 281,§ 6, eff. 8/9/2017.
Added by 2013 Ch. 365,§ 5, eff. 6/5/2013.
L. 2013: Entire section added, (SB 13-189), ch. 365, p. 2127, § 5, effective June 5. L. 2017: IP(1) amended, (SB 17-180), ch. 281, p. 1533, § 6, effective August 9.
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 5 - MOTOR CARRIERS OF HOUSEHOLD GOODS (§§ 40-10.1-501 — 40-10.1-509) › Section 40-10.1-509 - Outreach - fund

The moving outreach fund is hereby created in the state treasury. The fund consists of one-half the penalties collected from movers and credited to the fund under section
40-7-112
. The commission shall use the fund to educate consumers about their rights and the responsibilities of movers under this part 5. This outreach includes public service announcements about the licensing of movers. The moneys in the fund and any interest earned on moneys in the fund remain in the fund and do not revert to the general fund at the end of any fiscal year.
Added by 2013 Ch. 365,§ 5, eff. 6/5/2013.
L. 2013: Entire section added, (SB 13-189), ch. 365, p. 2127, § 5, effective June 5.
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 40-10.1-601 - Short title

This article shall be known and may be cited as the "Transportation Network Company Act".
Added by 2014 Ch. 323,§ 6, eff. 6/5/2014.
L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1409, § 6, effective June 5.
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 40-10.1-603 - Limited regulation

Transportation network companies are governed exclusively by this part 6, except as otherwise provided in article
6
of title
25.5
. A transportation network company is not subject to the commission's rate, entry, operational, or common carrier requirements, other than those requirements expressly set forth in this part 6.
Amended by 2022 Ch. 396,§7, eff. 8/10/2022.
Added by 2014 Ch. 323,§6, eff. 6/5/2014.
L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1411, § 6, effective June 5.
2022 Ch. 396, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 40-10.1-607 - Fees - transportation network company fund - creation

The commission shall transmit all fees payable to and collected by the commission pursuant to this part 6 to the state treasurer, who shall credit the fees to the transportation network company fund, which is hereby created in the state treasury. The money in the fund is continuously appropriated to the commission for the purposes set forth in this part 6. All interest earned from the deposit and investment of money in the fund is credited to the fund. Any money not expended at the end of the fiscal year remains in the fund and does not revert to the general fund or any other fund.
Amended by 2021 Ch. 250,§24, eff. 6/17/2021.
Added by 2014 Ch. 323,§6, eff. 6/5/2014.
L. 2014: Entire part added, (SB 14-125), ch. 1420, p. 1420, § 6, effective June 5. L. 2021: Entire section amended, (SB 21-260), ch. 1405, p. 1405, § 24, effective June 17.
For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
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 40-10.1-608 - Rules

(1)
The commission may promulgate rules consistent with this part 6, including rules concerning administration, fees, and safety requirements.
(2)
The commission may promulgate rules requiring a transportation network company to maintain and file with the commission evidence of financial responsibility and proof of the continued validity of the insurance policy, surety bond, or self-insurance, but shall not require a transportation network company to file a copy of the insurance policy.
(3)
(a)
In addition to any other rules authorized in this part 6, the commission shall coordinate with the department of education to promulgate rules implementing minimum safety standards for transportation network companies, personal vehicles, and transportation network company drivers when engaging in services provided under a contract with a school or school district. The commission shall promulgate the rules by September 1, 2022.
(b)
At least once every three years, the commission shall, in consultation with the department of education, review and, if necessary, update the rules promulgated in accordance with this subsection (3) as reasonably necessary to ensure safe student transportation.
(c)
Nothing in this subsection (3) prohibits a school or school district from setting higher standards for transporting a student to or from a school, school-related activity, or school-sanctioned activity.
Amended by 2022 Ch. 267,§4, eff. 5/27/2022.
Added by 2014 Ch. 323,§6, eff. 6/5/2014.
L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1420, § 6, effective June 5.
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 40-10.1-609 - Reporting requirements - rules

(1)
A transportation network company shall, within a reasonable time as determined by rules of the commission, notify the commission of any safety or security incidents that involve providing services for students to or from a school, school-related activities, or school-sanctioned activities. The transportation network company shall send the same notice to each school or school district with which the transportation network company has entered into a contract to provide services to students to or from a school, school-related activities, or school-sanctioned activities.
(2)
(a)
By September 1, 2022, the commission shall promulgate rules requiring a transportation network company to report information related to driver background checks, insurance coverage, and data reporting, consistent with the type of service provided, as it relates to service for students. In promulgating the rules, the commission shall coordinate with the department of education.
(b)
At least once every three years, the commission shall, in consultation with the department of education, review and, if necessary, update the rules promulgated in accordance with this subsection (2).
Added by 2022 Ch. 267,§5, eff. 5/27/2022.
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 7 - LARGE-MARKET TAXICAB SERVICES (§§ 40-10.1-701 — 40-10.1-705) › Section 40-10.1-701 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Nothing in this part 7 requires or prohibits a motor carrier applying for a permit pursuant to section
40-10.1-702(1)(a)
to form a labor union nor requires any large-market taxicab service driver to join a labor union; and
(b)
If a motor carrier previously obtained a certificate of public convenience and necessity to provide taxicab service pursuant to section
40-10.1-201
and the certificate remains valid at a time that the motor carrier subsequently obtains a permit to operate large-market taxicab service under this part 7, the motor carrier's certificate constitutes a devalued asset for the motor carrier.
Added by 2018 Ch. 363,§ 10, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1320), ch. 363, p. 2167, § 10, effective August 8.
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 7 - LARGE-MARKET TAXICAB SERVICES (§§ 40-10.1-701 — 40-10.1-705) › Section 40-10.1-702 - Large-market taxicab service - permit required - rules

(1)
(a)
On and after January 1, 2019, a person shall not operate or offer to operate large-market taxicab service in intrastate commerce without first having obtained a permit to operate large-market taxicab service from the commission in accordance with this part 7.
(b)
A person may apply for a permit in a form and manner prescribed by the commission.
(c)
A permit issued pursuant to this section is valid for one year after the date of issuance.
(2)
Except as provided in section
40-10.1-704
, the commission shall issue a permit to a motor carrier of passengers upon completion of the application filed pursuant to subsection (1) of this section, the payment of a fee determined by the commission, compliance with the financial responsibility requirements established by rule by the commission pursuant to section
40-10.1-107
, and submission of current rate information pursuant to section
40-10.1-705
.
(3)
In order to obtain a permit under this section, an applicant must demonstrate that each vehicle operated under the permit has been inspected within the immediately preceding twelve months by a qualified mechanic in accordance with rules promulgated by the commission.
(4)
(a)
Except as provided in subsection (4)(b) of this section, a motor carrier providing large-market taxicab service must have at least twenty-five vehicles in its fleet at all times.
(b)
In El Paso, Larimer, and Weld counties, a motor carrier providing large-market taxicab service must have at least ten vehicles in its fleet at all times.
(5)
For each county served by a motor carrier providing large-market taxicab service pursuant to this part 7, the commission shall by rule determine the maximum rate that a motor carrier providing large-market taxicab service may charge its passengers.
Added by 2018 Ch. 363,§ 10, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1320), ch. 363, p. 2168, § 10, effective August 8.
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 7 - LARGE-MARKET TAXICAB SERVICES (§§ 40-10.1-701 — 40-10.1-705) › Section 40-10.1-703 - Large-market taxicab service license plates - rules

(1)
The commission shall create either a document or an electronic system that a person authorized to provide large-market taxicab service under this part 7 may use to verify to the department of revenue or the department's authorized agent that the person provides large-market taxicab service.
(2)
Upon request, the commission shall:
(a)
If the commission creates a document pursuant to subsection (1) of this section, provide the document to the person authorized to provide large-market taxicab service; or
(b)
If the commission creates an electronic system pursuant to subsection (1) of this section, provide the electronic verification to the department of revenue or its authorized agent.
(3)
The commission may promulgate rules to implement this section and to enforce section
42-3-236
.
Added by 2018 Ch. 363,§ 10, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1320), ch. 363, p. 2168, § 10, effective August 8.
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 7 - LARGE-MARKET TAXICAB SERVICES (§§ 40-10.1-701 — 40-10.1-705) › Section 40-10.1-704 - Permit revocation

(1)
If a motor carrier that holds a permit under this part 7 fails to comply with a final commission decision that assesses a fine or civil penalty pursuant to section
40-7-113
for a violation of this article 10.1 or a rule adopted pursuant to this article 10.1, the motor carrier's permit is revoked immediately. Any of the following persons are disqualified from applying for a permit for twenty-four months after the date of the permit revocation:
(a)
The motor carrier;
(b)
An owner, principal, officer, member, partner, or director of the motor carrier; and
(c)
Any other entity owned or operated by an owner, principal, officer, member, partner, or director of the motor carrier.
(2)
The disqualification set forth in subsection (1) of this section does not apply to revocation based on a failure to carry insurance unless the person knowingly operated the motor carrier without insurance.
(3)
The disqualification set forth in subsection (1) of this section is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section
40-10.1-112(4)
.
Added by 2018 Ch. 363,§ 10, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1320), ch. 363, p. 2169, § 10, effective August 8.
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 7 - LARGE-MARKET TAXICAB SERVICES (§§ 40-10.1-701 — 40-10.1-705) › Section 40-10.1-705 - Rates - limitations - rules

(1)
Except as provided in subsections (2) and (3) of this section, large-market taxicab services are not subject to rate limitations imposed under part 2 of this article 10.1.
(2)
(a)
A motor carrier operating a large-market taxicab service shall file with the commission, in the form and manner that the commission may designate, a schedule showing the rates, charges, and collections that the motor carrier collects, enforces, or intends to collect or enforce that affect or relate to the motor carrier's large-market taxicab service operations.
(b)
The commission shall not limit the number or frequency of rate schedules that a motor carrier may file with the commission pursuant to subsection (2)(a) of this section.
(c)
Unless a filed rate schedule exceeds the maximum rate set by the commission by rule pursuant to section
40-10.1-702(5)
, the commission shall not reject a rate schedule filed with the commission unless the schedule was not filed in the form and manner designated by the commission pursuant to subsection (2)(a) of this section. The commission shall not amend any rate schedule filed with the commission pursuant to this section.
(3)
It is unlawful for a motor carrier operating a large-market taxicab service to carry or advertise that it will carry individuals in a manner contrary to the filing required under subsection (2)(a) of this section.
(4)
The commission may promulgate rules consistent with this section to implement the system of schedule filings required by this section.
Added by 2018 Ch. 363,§ 10, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1320), ch. 363, p. 2169, § 10, effective August 8.
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 10.5 - UNIFIED CARRIER REGISTRATION SYSTEM (§§ 40-10.5-101 — 40-10.5-102) › Section 40-10.5-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Commission" means the public utilities commission of the state of Colorado.
(2)
"Unified carrier registration system" means the unified carrier registration system authorized by section 4305 of the federal "Unified Carrier Registration Act of 2005",
49 U.S.C. sec. 14504a
, as amended.
L. 2006: Entire article added, p. 1093, § 1, effective August 7.
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 10.5 - UNIFIED CARRIER REGISTRATION SYSTEM (§§ 40-10.5-101 — 40-10.5-102) › Section 40-10.5-102 - Registration required - rules of commission

(1)
On and after the repeal of sections
40-10-120
and
40-11-115
, which occurred on September 25, 2007, a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register with the United States department of transportation under the unified carrier registration system:
(a)
Shall not engage in, or contract for, any interstate transportation of persons or property on any public highway in this state without first so registering; and
(b)
Shall comply with all applicable rules of the commission.
(2)
For purposes of carrying out the provisions of this article and relevant federal statutes and rules, the commission:
(a)
Shall participate in the uniform carrier registration system;
(b)
Is vested with the legal authority to administer the unified carrier registration agreement for the state of Colorado; and
(c)
Has the power to promulgate such rules as are necessary for the proper administration and enforcement of this article. Such rules may include, without limitation, rules establishing registration fees and other fees sufficient to cover the direct and indirect costs of administration and enforcement of this article. All fees collected under this article shall be transmitted to the state treasurer, who shall credit them to the public utilities commission motor carrier fund, created in section
40-2-110.5
.
L. 2006: Entire article added, p. 1093, § 1, effective August 7. L. 2009: IP(1) amended, (SB 09 -292), ch. 369, p. 1983, § 123, effective August 5.
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 11 - [Repealed] (§ 40-11-101) › Section 40-11-101 - to 40-11-117 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, §2, effective August 10.
This article was numbered as article 11 of chapter 115, C.R.S. 1963.
For current provisions concerning contract carriers, see article 10.1 of this title.
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 11.5 - INDEPENDENT CONTRACTORS - MOTOR CARRIERS (§§ 40-11.5-101 — 40-11.5-102) › Section 40-11.5-101 - Independent contractors - motor carriers

Notwithstanding article
10.1
of this title, common carriers and contract carriers may use independent contractors.
L. 90: Entire article added, p. 1762, § 1, effective June 8. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 424, §21, effective August 10.
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 12 - [Repealed] COMMERCIAL CARRIERS - MOTOR VEHICLES (§ 40-12-101) › Section 40-12-101 - to 40-12-114 - [Repealed]

L. 78: Entire article repealed, p. 521, § 8, effective July 1.
This article was numbered as article 10 of chapter 115, C.R.S. 1963.
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 13 - [Repealed] (§ 40-13-101) › Section 40-13-101 - to 40-13-112 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, §2, effective August 10.
This article was numbered as article 14 of chapter 115, C.R.S. 1963.
For current provisions concerning towing carriers, see article 10.1 of this title.
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 14 - [Repealed] (§ 40-14-101) › Section 40-14-101 - to 40-14-114 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, §2, effective August 10.
This article was added in 1984, repealed in 1995, and recreated and reenacted in 2003.
For current provisions concerning carriers of household goods, see article 10.1 of this title.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-101 - Legislative declaration

The general assembly hereby finds, determines, and declares that it is the policy of the state of Colorado to promote a competitive telecommunications marketplace while protecting and maintaining the wide availability of high-quality telecommunications services. Such goals are best achieved by legislation that brings telecommunications regulation into the modern era by guaranteeing the affordability of basic telephone service while fostering free market competition within the telecommunications industry. The general assembly further finds that the technological advancements and increased customer choices for telecommunications services generated by such market competition will enhance Colorado's economic development and play a critical role in Colorado's economic future. However, the general assembly recognizes that the strength of competitive force varies widely between markets and products and services. Therefore, to foster, encourage, and accelerate the continuing emergence of a competitive telecommunications environment, the general assembly declares that flexible regulatory treatments are appropriate for different telecommunications services.
L. 87: Entire article R&RE, p. 1476, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-103 - Application of part

The provisions of this part 1 shall apply throughout this article, unless specifically otherwise stated.
L. 87: Entire article R&RE, p. 1479, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-104 - Powers of local government

Nothing in this article shall be construed to supersede any existing powers of a local government.
L. 87: Entire article R&RE, p. 1479, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-105 - Nondiscriminatory access charges

(1)
No local exchange provider shall, as to its pricing and provision of access, make or grant any preference or advantage to any person providing telecommunications service between exchanges nor subject any such person to, nor itself take advantage of, any prejudice or competitive disadvantage for providing access to the local exchange network. Access charges by a local exchange provider shall be cost-based, as determined by the commission, but shall not exceed its average price by rate element and by type of access in effect in the state of Colorado on July 1, 1987.
(2)
At its option, any rural telecommunications provider may, in lieu of the provisions of subsection (1) of this section, remain under the jurisdiction of the commission pursuant to part 2 of this article. A rural telecommunications provider operating under this subsection (2) may at any time apply to the commission for regulatory relief under section
40-15-203
or
40-15-207
. Such rural telecommunications provider, upon the granting of regulatory relief, shall provide access services under the conditions established in subsection (1) of this section; except that the commission shall set the maximum price for access services for such provider.
(3)
Contracts for access pursuant to subsection (1) of this section shall be filed with the commission and open to review by other purchasers of such access to assure compliance with the provisions of this section. Prior to such review, the purchaser desiring such review shall execute a nondisclosure agreement as determined by the commission for the protection of business and trade secrets.
L. 87: Entire article R&RE, p. 1479, § 1, effective July 2. L. 2000: (2) amended, p. 47, § 2, effective March 10.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-106 - Cross-subsidization prohibited - illegal restraint of trade

The price of telecommunications services or products which are not subject to the jurisdiction of the commission shall not be priced below cost by use of subsidization from customers of services and products subject to the jurisdiction of the commission, and any such cross-subsidization is deemed to be an illegal restraint of trade subject to the provisions of article
4
of title
6
, C.R.S.
L. 87: Entire article R&RE, p. 1479, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-107 - Powers of commission - inspection of books and documents - confidentiality of information obtained through audit

(1)
The commission shall administer and enforce all provisions of this article, and, in addition to any other powers under articles
1
to
7
of this title, the commission has the right to inspect the books and documents of the local exchange provider. The local exchange provider shall supply additional relevant and material information to the commission as needed. In addition, the commission has the right to inspect the books and records of any affiliate of a local exchange provider which provides telecommunications service under part 2, 3, or 4 of this article, if, in the provision of such service, the affiliate uses a plant or incurs costs that are joint and common to the provision of any basic local exchange service of the local exchange provider regulated under part 2 of this article.
(2)
(a)
Except as otherwise provided in paragraph (b) of this subsection (2), all information, documents, and copies thereof provided to the commission, a commissioner, or any person employed by the commission in connection with an audit, whether such audit is conducted pursuant to this section or pursuant to any other authority granted to the commission by law, shall be given confidential treatment and shall not be made public by the commission or any other person without either:
(I)
The prior written consent of the person providing such information, documents, or copies; or
(II)
A court order issued pursuant to section
24-72-204(5)
, C.R.S.
(b)
This subsection (2) shall not be construed to shield from disclosure information, documents, and copies thereof that are in the commission's possession through the exercise of the commission's audit authority and that are otherwise subject to disclosure under the Colorado open records law, part 2 of article
72
of title
24
, C.R.S. The commission may consider whether to change the status of reports provided to it on a nonconfidential basis.
(3)
Repealed.
Amended by 2021 Ch. 389,§5, eff. 6/30/2021.
L. 87: Entire article R&RE, p. 1480, § 1, effective July 2. L. 99: Entire section amended, p. 184, § 1, effective March 31. L. 2003: (3) added, p. 2591, § 2, effective June 5. L. 2021: (3) repealed, (HB 21-1201), ch. 2599, p. 2599, § 5, effective June 30.
This section is similar to former § 40-15-105 as it existed prior to 1987.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-108 - Cost methodologies

(1)
Any local exchange provider which provides facilities or equipment for use by interstate users or providers of telecommunications services shall separate all investments and expenses associated therewith according to applicable federal separations procedures and agreements.
(2)
Any provider of telecommunications service which offers both regulated and deregulated telecommunications service shall segregate its intrastate investments and expenses in accordance with allocation methodologies as prescribed by the commission to ensure that deregulated telecommunications services are not subsidized by regulated telecommunications services.
L. 87: Entire article R&RE, p. 1480, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-109 - Assurance of interconnections - averaging of rates

(1)
If a local exchange provider does not have interconnection with an interexchange provider, the commission may order any provider of interexchange service in the state to interconnect with the local exchange provider. Nothing in this subsection (1) shall require a rural telecommunications provider to provide interexchange telecommunications service.
(2)
All providers of interexchange voice grade telecommunications service shall average their interexchange voice grade rates on a statewide basis. Nothing in this section shall be construed to prohibit volume discounts or other discounts in promotional offerings.
(3)
The commission may provide for just and equitable compensation upon application of an interexchange provider subject to subsection (1) or (2) of this section.
L. 87: Entire article R&RE, p. 1480, § 1, effective July 2. L. 2000: (1) amended, p. 47, § 3, effective March 10.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-110 - Provision of regulated and deregulated service

Nothing in this article shall be construed to preclude a single entity from offering and providing services under parts 2, 3, and 4 of this article.
L. 87: Entire article R&RE, p. 1480, § 1, effective July 2.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-111 - Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required

(1)
Every local exchange provider shall continue to offer and provide basic local exchange service in any exchange area it serves immediately prior to July 2, 1996, unless the commission determines that an alternative provider offers or provides functionally equivalent service to the customers in such exchange area.
(2)
Rearrangements of exchange areas shall require a determination by the commission that such rearrangement will promote the public interest and welfare and will not adversely impact the public switched network of the affected local exchange provider or such provider's financial integrity.
(3)
Measured or message rate service for end user customers shall not be required in order for such customers to obtain basic local exchange service unless the commission so orders.
(4)
A telecommunications provider shall not base its charges for basic local exchange service on the volume or amount of data or voice traffic of an individual subscriber except with the prior approval of the commission following notice and the opportunity for a hearing.
L. 95: Entire section added, p. 755, § 2, effective May 24. L. 99: (2) amended, p. 185, § 2, effective March 31.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-112 - Unauthorized change of telecommunications provider

(1)
No provider of telecommunications service shall request the transfer of a customer's account, wholly or in part, to another provider of the same or a similar telecommunications service unless one or more of the following conditions has been met:
(a)
The provider to whom the customer's account is to be transferred has obtained from the customer a document, signed by the customer, that contains a clear, conspicuous, and unequivocal request by the customer for a change of provider; or
(b)
The provider to whom the customer's account is to be transferred has obtained the customer's oral authorization for the transfer and can furnish proof of such authorization through verification by an independent third party, electronic records, or any other manner prescribed by the commission by rule.
(2)
(a)
If the customer is not an individual, a document, authorization, or request referenced in subsection (1) of this section shall be valid only if given by an authorized representative of the customer, who shall provide proof of such authority.
(b)
A document shall not be valid under paragraph (a) of subsection (1) of this section if it is presented to the customer for signature in connection with a sweepstakes or other game of chance.
(3)
A telecommunications provider who initiates an unauthorized change in a customer's telecommunications provider in violation of this section is liable:
(a)
To the customer, the customer's previously selected provider, or both, as determined by the commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer during the period of the unauthorized change; and
(b)
To the customer's local exchange provider for the change fees for the unauthorized change and reinstating the customer to the original provider.
L. 98: Entire section added, p. 843, § 1, effective May 26.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 1 - GENERAL PROVISIONS (§§ 40-15-101 — 40-15-113) › Section 40-15-113 - Unauthorized charge for services

(1)
A provider of telecommunications service shall not engage in the following activities:
(a)
Charging a customer for goods or services without the customer's authorization;
(b)
Adding charges for goods or services to the customer's bill without the customer's authorization; or
(c)
When providing billing services for a telecommunications provider, knowingly or recklessly participating in charging or billing a customer for goods or services without the customer's authorization to add the goods or services to the customer's bill; except that, in accordance with federal law, this paragraph (c) does not apply to a provider of CMRS services.
(2)
A customer is not liable for an amount charged in violation of this section.
(3)
The commission shall maintain and keep available data on the incidence of complaints in violation of this section.
Amended by 2014 Ch. 151,§ 2, eff. 5/9/2014.
L. 2001: Entire section added, p. 121, § 1, effective August 8. L. 2014: IP(1) and (1)(c) amended, (HB 14-1330), ch. 151, p. 517, § 2, effective May 9.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-201 - Regulation by commission

(1)
For purposes of this part 2, except as otherwise provided in this title, each provider of basic local exchange service is declared to be affected with a public interest and a public utility subject to the provisions of articles
1
to
7
of this title, so far as applicable, including the regulation of all rates and charges pertaining to local exchange companies; except that, if a provider applies for and receives commission approval of an alternative form of regulation, or if a provider is a rural telecommunications provider subject to simplified regulatory treatment under section
40-15-203.5
or
40-15-503 (2)(d)
, the commission shall not consider the provider's overall rate of return or overall revenue requirements when determining the just and reasonable rate for a particular product or service. The commission may promulgate rules as necessary to implement this part 2.
(2)
Basic emergency service is declared to be subject to regulation under this part 2 and subject to potential reclassification under section
40-15-207
.
Amended by 2014 Ch. 152, § 2, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1480, § 1, effective July 2. L. 94: (2)(h) added, p. 1064, § 2, effective May 4. L. 99: (1), (2)(c), and (2)(f) amended, p. 185, § 3, effective March 31. L. 2000: (1) amended, p. 47, § 4, effective March 10. L. 2014: Entire section amended, (HB 14-1331), ch. 152, p. 523, § 2, effective May 9.
This section is similar to former § 40-15-102 as it existed prior to 1987.
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 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-202 - Certificate required

(1)
No provider of services regulated in this part 2 shall operate in this state except in accordance with the provisions of this part 2.
(2)
No provider of services regulated in this part 2 shall operate within this state without first having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation, unless such operation is authorized by section
40-5-102
.
(3)
The commission is authorized to issue a certificate of public convenience and necessity to a provider of services regulated in this part 2, and the commission may attach to the exercise of the rights granted by said certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
(4)
A provider of services regulated in this part 2 holding a certificate of public convenience and necessity to offer or provide basic local exchange service or a provider of services regulated in this part 2 that had authority lawfully to offer or provide basic local exchange service immediately prior to July 2, 1987, without a certificate of public convenience and necessity shall continue to have such authority without having to make application to the commission for additional or continued authority.
L. 87: Entire article R&RE, p. 1481, § 1, effective July 2. L. 93: Entire section amended, p. 2080, § 50, effective July 1.
This section is similar to former § 40-15-103 as it existed prior to 1987.