2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-105 - Clearance of motor vehicles at port of entry weigh stations

(1)
Every owner or operator of a motor vehicle that is subject to payment of registration fees under the provisions of section
42-3-306 (5)(b)
and every owner or operator of a motor vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating or gross combination weight rating of twenty-six thousand one pounds or more shall secure a valid clearance from an officer of the Colorado state patrol, or from a port of entry weigh station before operating the vehicle or combination of vehicles or causing the vehicle or combination of vehicles to be operated on the public highways of this state, but an owner or operator shall be deemed to have complied with the provisions of this subsection (1) if the owner or operator secures a valid clearance from the first port of entry weigh station located within five road miles of the route that the owner or operator would normally follow from the point of departure to the point of destination. An owner or operator shall not be required to seek out a port of entry weigh station not located on the route such owner or operator is following if the owner or operator secures a special revocable permit from the Colorado state patrol in accordance with the provisions of subsection (4) of this section. A vehicle with a seating capacity of fourteen or more passengers registered under the provisions of section
42-3-304 (13)
or
42-3-306 (2)(c)(I)
shall not be required to secure a valid clearance pursuant to this section.
(2)
It is unlawful for any owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section to permit the travel of such motor vehicle on the public highways of this state without first having secured a valid clearance as provided in said subsection (1), and every such owner or operator shall be required to seek out a port of entry weigh station for the purpose of securing such valid clearance, whether or not such port of entry weigh station is located on the route that the owner or operator is following, unless a valid clearance or a special permit in accordance with subsection (4) of this section has previously been secured.
(3)
Every owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section shall secure a valid clearance at each port of entry weigh station located on the route that the owner or operator would normally follow from the point of departure to the point of destination for verification of its previously secured clearance.
(3.5)
Every owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section, when stopped for a lawful inspection, shall permit personnel of a port of entry weigh station to inspect the fuel tank of the vehicle for the purpose of ensuring that the vehicle is not operating on the public highways of the state using tax-exempt diesel fuel in violation of section
42-4-1414
.
(4)
The Colorado state patrol may issue a special revocable permit to the owner or operator of any vehicle being operated over a regularly scheduled route waiving the requirement that the owner or operator seek out and secure a valid clearance at a port of entry weigh station not located directly on the route being followed. In order for the permit to be effective, the vehicle must be operating over a regularly scheduled route that has previously been cleared with the Colorado state patrol.
(5)
Any owner or operator of a motor vehicle that is subject to the provisions of sections
42-3-304
to
42-3-306
, who is found guilty of violating the provisions and requirements of this section, shall be subject to the fines and penalties prescribed in section
42-8-109
.
(6)
Repealed.
L. 94: Entire title amended with relocations, p. 2493, § 1, effective 1/1/1995. L. 95: (1) amended, p. 962, § 24, effective May 25. L. 96: (1), (4), and (6) amended, p. 1551, § 12, effective July 1. L. 98: (1) to (4) amended, p. 1095, § 8, effective June 1. L. 99: (3.5) added, p. 665, § 1, effective May 18. L. 2005: (1) and (5) amended, p. 1179, § 23, effective August 8. L. 2006: (1) amended, p. 1514, § 81, effective June 1. L. 2010: (1) amended, (SB 10 -212), ch. 412, p. 2039, § 21, effective July 1. L. 2012: (1) and (4) amended and (6) repealed, (HB 12-1019), ch. 135, p. 470, § 15, effective July 1.