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 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-101 - Definitions

As used in this article 10.1, unless the context otherwise requires:
(1)
"Advertise" means to advise, announce, give notice of, publish, or call attention to by use of any oral, written, or graphic statement made in a newspaper or other publication, on radio, television, or any electronic medium, or contained in any notice, handbill, sign, including signage on a vehicle, flyer, catalog, or letter, or printed on or contained in any tag or label attached to or accompanying any article of personal property.
(1.5)
"Authorized or interested person" means:
(a)
The vehicle owner, authorized operator, or authorized agent of the owner of the vehicle;
(b)
The lienholder of the vehicle or agent of the lienholder of the vehicle; or
(c)
If the owner signs a release authorizing an insurance company to act on behalf of the owner, the insurance company or agent of the insurance company providing insurance coverage on the vehicle.
(2)
"Certificate" means the certificate of public convenience and necessity issued to a common carrier under part 2 of this article.
(3)
"Commission" means the public utilities commission of the state of Colorado.
(4)
"Common carrier" means a common carrier as defined in section
40-1-102
; except that the term does not include:
(a)
A contract carrier as defined in this section;
(b)
A motor carrier of passengers under part 3 of this article 10.1; or
(c)
A motor carrier of passengers providing large-market taxicab service under part 7 of this article 10.1.
(4.5)
"Common parking area" means any part of the following areas that are normally used for parking, such as the side of a street or parking spaces, that an owner does not have the right to exclude other residents of the following from using for parking:
(a)
A condominium, as defined in section
38-33.3-103(9)
;
(b)
A cooperative, as defined in section
38-33.3-103(10)
;
(c)
A multifamily building, which is also known as an apartment complex, with separate living quarters that are rented or leased separately; or
(d)
A mobile home park, as defined in section
38-12-201.5(6)
.
(5)
"Compensation" means any money, property, service, or thing of value charged or received or to be charged or received, whether directly or indirectly.
(6)
"Contract carrier" means every person, other than a common carrier or a motor carrier of passengers under part 3 of this article, who, by special contract, directly or indirectly affords a means of passenger transportation over any public highway of this state; except that the term does not include a transportation network company, as defined in section
40-10.1-602(3)
, or a transportation network company driver, as defined in section
40-10.1-602(4)
.
(6.5)
"Drop fee" means a fee a towing operator charges to unhook a vehicle from a tow truck.
(7)
"Fixed points" and "established route" mean points or a route between or over which any common carrier usually or ordinarily operates or holds out to operate any motor vehicle, even though there may be departures from such points or route, whether such departures are periodic or irregular.
(8)
"Household goods" means the personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects and property is:
(a)
Arranged and paid for by the householder; except that "household goods" does not include property moving from a factory or store, other than property that the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges are paid to the mover by, the householder; or
(b)
Arranged and paid for by another party.
(9)
"Intrastate commerce" means transportation for compensation by motor vehicles over the public highways between points in this state.
(9.5)
"Large-market taxicab service" means indiscriminate passenger transportation for compensation in a taxicab on a call-and-demand basis, within and between points in the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, and Weld, and between those points and all points within the state of Colorado, with the first passenger in the taxicab having exclusive use of the taxicab unless the passenger agrees to multiple loadings.
(10)
"Motor carrier" means any person owning, controlling, operating, or managing a motor vehicle that provides transportation in intrastate commerce pursuant to this article; except that the term does not include a transportation network company, as defined in section
40-10.1-602(3)
, or a transportation network company driver, as defined in section
40-10.1-602(4)
.
(11)
"Motor vehicle" means any automobile, truck, tractor, motor bus, or other self-propelled vehicle or any trailer drawn thereby.
(12)
"Mover" means a motor carrier that provides the transportation or shipment of household goods.
(13)
"Nonconsensual towing", "nonconsensual tow", "towed nonconsensually", "nonconsensually tow", or "towed without consent" means the transportation of a vehicle by tow truck from private property if the transportation is performed without the prior consent of:
(a)
The owner of the vehicle, authorized operator of the vehicle, or agent of the owner of the vehicle;
(b)
The lienholder of the vehicle or agent of the lienholder, unless the vehicle is being towed for the purpose of repossession under a lien agreement; or
(c)
If the owner signs a release authorizing an insurance company to act on behalf of the owner, the insurance company or agent of the insurance company providing insurance coverage on the vehicle.
(14)
"Permit" means the permit issued to a contract carrier under part 2 of this article 10.1 or to a motor carrier under part 3, 4, 5, or 7 of this article 10.1.
(15)
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or other legal entity and any person acting as or in the capacity of lessee, trustee, or receiver thereof, whether appointed by a court or otherwise.
(16)
"Public highway" means every street, road, or highway in this state over which the public generally has a right to travel.
(17)
"Shipper" means a person who uses the services of a mover to transport or ship household goods.
(18)
"Taxicab" means a motor vehicle with a seating capacity of eight or less, including the driver, operated in taxicab service.
(19)
"Taxicab service" means passenger transportation in a taxicab on a call-and-demand basis, with the first passenger therein having exclusive use of the taxicab unless such passenger agrees to multiple loadings.
(20)
"Towing carrier" means a motor carrier that:
(a)
Provides, as one of its primary functions, the towing of motor vehicles by use of a tow truck; and
(b)
May also provide storage of towed vehicles.
(21)
"Tow truck" means a motor vehicle specially designed or equipped for transporting another motor vehicle by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting such other motor vehicle from one place to another.
(22)
"Vehicle booting company" means a private corporation, partnership, or sole proprietor in the business of immobilizing a motor vehicle through use of a boot.
Amended by 2022 Ch. 416,§7, eff. 8/10/2022.
Amended by 2019 Ch. 359,§19, eff. 5/30/2019.
Amended by 2018 Ch. 363,§4, eff. 8/8/2018.
Amended by 2014 Ch. 323,§3, eff. 6/5/2014.
L. 2011: Entire article added, (HB 11-1198), ch. 395, p. 395, § 1, effective August 10. L. 2014: (6) and (10) amended, (SB 14-125), ch. 1409, p. 1409, § 3, effective June 5. L. 2018: IP, (4), and (14) amended and (9.5) added, (HB 18-1320), ch. 2165, p. 2165, § 4, effective August 8. L. 2019: (22) added, (SB 19-236), ch. 359, p. 3312, § 19, effective May 30.
Section 31 of chapter 359 (SB 19-236), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct, including power purchase agreements entered into and utility rate-based property development, occurring on or after May 30, 2019.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).