reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Chief" means the chief of the Colorado state patrol.
(2)
"Enforcement official" means, and is limited to, a peace officer who is an officer of the Colorado state patrol as described in sections
16-2.5-101
and
16-2.5-114
, C.R.S., a port of entry officer, as defined in section
42-8-102 (3)
, a peace officer who is an investigating official of the transportation section of the public utilities commission as described in sections
16-2.5-101
and
16-2.5-143
, C.R.S., or any other peace officer as described in section
16-2.5-101
, C.R.S.
(3)
"Hazardous materials" means those materials listed in tables 1 and 2 of
49 CFR 172.504
, excluding highway route controlled quantities of radioactive materials as defined in
49 CFR 173.403 (l)
, excluding ores, the products from mining, milling, smelting, and similar processing of ores, and the wastes and tailing therefrom, and excluding special fireworks as defined in
49 CFR 173.88 (d)
when the aggregate amount of flash powder does not exceed fifty pounds.
(4)
"Motor vehicle" means any device which is capable of moving from place to place upon public roads. The term includes, but is not limited to, any motorized vehicle or any such vehicle with a trailer or semitrailer attached thereto.
(5)
"Patrol" means the Colorado state patrol within the department of public safety.
(6)
"Person" means an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity; except that separate divisions of the same corporation may, at their request, be treated as separate persons for the purposes of part 2 of this article.
(7)
"Public road" means every way publicly maintained and opened to the use of the public for the purposes of vehicular travel, including, but not limited to, streets, bridges, toll roads, tunnels, and state and federal highways.
L. 94: Entire title amended with relocations, p. 2516, § 1, effective 1/1/1995. L. 2003: (2) amended, p. 1626, § 52, effective August 6. L. 2012: (2) amended, (HB 12-1019), ch. 135, p. 472, § 21, effective July 1.
This section is similar to former § 43-6-103 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-104 - General powers and duties of chief - department of public safety - cooperation from other state agencies

(1)
In addition to any other powers and duties granted to him or her in parts 1, 2, and 3 of this article, the chief shall promulgate such rules and regulations and conduct such hearings as may be necessary for the administration of this article.
(2)
In addition to any other powers and duties granted to him or her in parts 1, 2, and 3 of this article and except as otherwise provided in parts 1, 2, and 3 of this article, the chief shall have the general authority and duty to carry out the provisions of parts 1, 2, and 3 of this article and shall promulgate such rules and regulations, subject to the provisions of article
4
of title
24
, C.R.S., as may be necessary to clarify the enforcement provisions of parts 1, 2, and 3 of this article.
(3)
Upon request, other agencies of state government, including but not limited to the department of public health and environment and the department of transportation, shall provide advice and assistance to the department of public safety relating to the program established by parts 1, 2, and 3 of this article.
L. 94: Entire title amended with relocations, p. 2517, § 1, effective 1/1/1995.
This section is similar to former § 43-6-104 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-106 - Regulatory authority of local governments - preemption - disposition of local fines and penalties

(1)
Except as specifically authorized in parts 1, 2, and 3 of this article, no county, town, city, or city and county shall have any authority to regulate the transportation of hazardous materials separate and apart from the regulation of other commodities. However, a county, town, city, or city and county may adopt and enforce regulations or ordinances which are no more stringent than the provisions of state law and regulations adopted pursuant thereto, if violations of such local regulations or ordinances carry penalties which are not more than the penalties imposed upon violations of state law and regulations adopted pursuant thereto. Any local government which adopts a regulation or ordinance pursuant to this section shall file a certified copy of such regulation or ordinance, and any amendment thereto, with the patrol.
(2)
No person shall be prosecuted for a violation of both the provisions of part 1, 2, or 3 of this article and the provisions of such local ordinance or regulation when such prosecution arises out of the same incident.
L. 94: Entire title amended with relocations, p. 2518, § 1, effective 1/1/1995.
This section is similar to former § 43-6-106 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-107 - Hazardous materials safety fund

(1)
There is hereby created in the state treasury the hazardous materials safety fund, which shall consist of:
(a)
Such moneys as may be appropriated thereto by the general assembly from time to time;
(b)
Any permit fees collected pursuant to section
42-20-202
;
(c)
Any penalties collected by a state agency or by a court, as provided in section
42-20-305 (3)
;
(d)
Any penalties collected pursuant to section
42-20-204 (4)
;
(e)
Any gifts or donations made to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(f)
Any federal funds made available to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(g)
Any excess moneys credited to the fund in accordance with section
40-2-110.5 (9)
, C.R.S.
(2)
The moneys in the hazardous materials safety fund shall be subject to appropriation by the general assembly for the purposes of parts 1, 2, and 3 of this article.
(3)
At the end of each fiscal year, any moneys remaining in the hazardous materials safety fund shall not revert to the general fund but shall be subject to appropriation by the general assembly to the executive director of the department of public safety for disbursement to local governments for purposes related to the preparation and training for and response to hazardous materials incidents.
(4)
Repealed.
Amended by 2015 Ch. 259, § 97, eff. 8/5/2015.
Amended by 2014 Ch. 8, § 3, eff. 2/27/2014.
L. 94: Entire title amended with relocations, p. 2519, § 1, effective 1/1/1995. L. 2006: (1)(g) added, p. 1095, § 5, effective August 7. L. 2014: (4) added, (HB 14-1081), ch. 8, p. 91, § 3, effective February 27. L. 2015: (4) repealed, (SB 15-264), ch. 259, p. 969, § 97, effective August 5.
This section is similar to former § 43-6-107 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-108 - Rules and regulations for transportation of hazardous materials

(1)
The chief shall promulgate rules and regulations pursuant to section
24-4-103
, C.R.S., for the safe transportation of hazardous materials by motor vehicle, both in interstate and intrastate transportation. Such rules and regulations shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a hazardous material by motor vehicle. Such rules and regulations may govern any safety aspect of the transportation of hazardous materials which the chief deems appropriate, including, but not limited to, the packaging, handling, labeling, marking, and placarding of hazardous materials and motor vehicles transporting hazardous materials, the qualifications of drivers of motor vehicles transporting hazardous materials, financial responsibility requirements, and the use of any package or container in the transportation of hazardous materials which is not manufactured, fabricated, marked, labeled, maintained, reconditioned, repaired, or tested in accordance with such rules and regulations.
(2)
The chief shall also promulgate rules and regulations pursuant to section
24-4-103
, C.R.S., for the permitting and routing of hazardous materials transportation by motor vehicle within this state and the inspection of vehicles transporting hazardous materials.
(3)
In adopting such rules and regulations, the chief shall use as general guidelines the standards and specifications for the safe transportation of hazardous materials contained in federal statutes, and in the rules and regulations promulgated thereunder, as amended from time to time. The rules and regulations adopted by the chief shall not unduly burden interstate or intrastate commerce and shall be no more stringent than federal statutes and the rules and regulations promulgated thereunder.
(4)
The rules and regulations adopted by the chief pursuant to subsection (2) of this section shall not apply to farm machinery which is exempted from registration requirements pursuant to section
42-3-103
, agricultural distribution equipment attached to or conveyed by such farm machinery, or vehicles used to transport to or from the farm or ranch site products necessary for agricultural production, except when such vehicles are used in the furtherance of any commercial business other than agriculture.
(5)
The rules and regulations adopted by the chief shall provide for the issuance of a certificate of inspection which shall exempt inspected vehicles from additional inspections for a period of at least sixty days unless there is probable cause to assume that the vehicle is in an unsafe condition.
L. 94: Entire title amended with relocations, p. 2519, § 1, effective 1/1/1995.
This section is similar to former § 43-6-108 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-109 - Penalty for violations

(1)
Any person who violates a rule or regulation promulgated by the chief pursuant to section
42-20-104
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(2)
Any person who violates a rule promulgated by the chief pursuant to section
42-20-108
commits a class 2 misdemeanor traffic offense and shall be punished as provided in section
42-4-1701
.
(3)
No conviction pursuant to this section shall bar enforcement by the public utilities commission of any provision of title 40, C.R.S., with respect to violations by persons subject to said title.
Amended by 2021 Ch. 462, § 771, eff. 3/1/2022.
L. 94: Entire title amended with relocations, p. 2520, § 1, effective 1/1/1995. L. 95: (3) amended, p. 962, § 25, effective May 25. L. 2002: (1) and (2) amended, p. 1564, § 381, effective October 1. L. 2006: (2) amended, p. 1064, § 3, effective July 1. L. 2021: (1) amended, (SB 21-271), ch. 3324, p. 3324, § 771, effective 3/1/2022.
(1) This section is similar to former § 43-6-109 as it existed prior to 1994.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-110 - Immobilization of unsafe vehicles

Any enforcement official shall have the power to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting hazardous materials when the enforcement official deems that the motor vehicle or the operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under or required by rules and regulations promulgated by the chief pursuant to section
42-20-104
.
L. 94: Entire title amended with relocations, p. 2520, § 1, effective 1/1/1995.
This section is similar to former § 43-6-110 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-111 - Additional penalties

Any person, corporation, partnership, or other entity which intentionally or knowingly authorizes, solicits, requests, commands, conspires in, or aids and abets in the violation of any of the provisions of part 1, 2, or 3 of this article 20 commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462, § 772, eff. 3/1/2022.
L. 94: Entire title amended with relocations, p. 2521, § 1, effective 1/1/1995. L. 2002: Entire section amended, p. 1564, § 382, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3324, p. 3324, § 772, effective 3/1/2022.
(1) This section is similar to former § 43-6-111 as it existed prior to 1994.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-112 - Reimbursement of local governments

(1)
A public entity, political subdivision of the state, or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous materials abandonment or a hazardous materials spill.
(2)
Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.
(3)
Claims for reimbursement made pursuant to this section shall be in accordance with article
22
of title
29
, C.R.S.
L. 94: Entire title amended with relocations, p. 2521, § 1, effective 1/1/1995.
This section is similar to former § 43-6-112 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 1 - HAZARDOUS MATERIALS - GENERAL PROVISIONS (§§ 42-20-101 — 42-20-113) › Section 42-20-113 - Hazardous materials spill - abandonment of vehicle containing hazardous material - penalty - definition

(1)
No person shall abandon any vehicle containing any hazardous material excluding that which is considered fuel and is contained within the vehicle's fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2)
(a)
As used in this section, "abandon" means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(b)
It is prima facie evidence of the necessary intent that:
(I)
The vehicle has been left for more than three days unattended and unmoved; or
(II)
License plates or other identifying marks have been removed from the vehicle; or
(III)
The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
(IV)
The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
(3)
The driver of a motor vehicle transporting hazardous materials as cargo which is involved in a hazardous materials spill, whether intentional or unintentional, shall give immediate notice of the location of such spill and such other information as necessary to the nearest law enforcement agency.
(4)
Any person who violates the provisions of subsection (3) of this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462, § 773, eff. 3/1/2022.
L. 94: Entire title amended with relocations, p. 2521, § 1, effective 1/1/1995. L. 2002: (4) amended, p. 1565, § 383, effective October 1. L. 2021: (4) amended, (SB 21-271), ch. 3324, p. 3324, § 773, effective 3/1/2022.
(1) This section is similar to former § 43-6-113 as it existed prior to 1994.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 2 - PERMIT SYSTEM FOR HAZARDOUS MATERIALS (§§ 42-20-201 — 42-20-206) › Section 42-20-201 - Hazardous materials transportation permit required

Except as otherwise provided in this part 2, no transportation of hazardous materials by motor vehicle which requires placarding under
49 CFR 172
or
173
shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this part 2, authorizing the applicant to operate or move upon the public roads of this state a motor vehicle or a combination of motor vehicles which carries hazardous materials. This part 2 does not apply to motor vehicles owned by the federal government, motor vehicles when used to transport to or from the farm or ranch site products used for agricultural production, or farm machinery which is exempted from registration requirements by section
42-3-103
, unless such vehicles are used in furtherance of any commercial business other than agriculture. This part 2 applies to motor vehicles owned by the state or any political subdivision thereof; except that such vehicles are exempt from the fees provided in section
42-20-202
. The requirements of this part 2 are in addition to, and not in substitution for, any other provisions of law.
Amended by 2020 Ch. 155, § 1, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2522, § 1, effective 1/1/1995.
This section is similar to former § 43-6-201 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 2 - PERMIT SYSTEM FOR HAZARDOUS MATERIALS (§§ 42-20-201 — 42-20-206) › Section 42-20-203 - Carrying of permit and shipping papers

(1)
Any person transporting hazardous materials that require placarding under
49 CFR 172
or
173
in this state shall carry a copy of the shipping papers required in
49 CFR 172.200
and a copy of the hazardous materials transportation permit issued by the department of transportation or, before January 1, 2021, by the public utilities commission or by the Colorado state patrol at a port of entry weigh station in the transporting motor vehicle while in this state; except that, if a peace officer, as described in section
16-2.5-101
, or any other enforcement official determines that the hazardous materials transportation permit can be electronically verified at the time of contact, a copy of the permit need not be carried by the person transporting hazardous materials. The permit is open to inspection or electronic verification by any enforcement official.
(2)
In the event of an accident involving hazardous materials, the operator of the motor vehicle shall provide the shipping papers to the emergency response authorities designated in or pursuant to article
22
of title
29
, C.R.S., and immediately bring to their attention the fact that the motor vehicle is carrying hazardous materials.
Amended by 2020 Ch. 155, § 3, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2523, § 1, effective 1/1/1995. L. 2003: (1) amended, p. 583, § 4, effective 1/1/2004. L. 2004: (1) amended, p. 1212, § 102, effective August 4. L. 2012: (1) amended, (HB 12-1019), ch. 472, p. 472, § 22, effective July 1. L. 2020: (1) amended, (SB 20-118), ch. 664, p. 664, § 3, effective 1/1/2021.
This section is similar to former § 43-6-203 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 2 - PERMIT SYSTEM FOR HAZARDOUS MATERIALS (§§ 42-20-201 — 42-20-206) › Section 42-20-205 - Permit suspension or revocation - rules

In addition to any other civil or criminal penalties, for violations occurring after March 16, 2020, the department of transportation may suspend a hazardous materials transportation annual permit for a period not to exceed six months or may revoke a permit for failure to comply with the terms and conditions of the permit, for failure to pay a civil penalty assessed pursuant to section
42-20-204
, or for continuing violations of the rules and regulations promulgated pursuant to part 1, 2, or 3 of this article 20. The permit may be suspended or revoked only for good cause shown after due notice and an opportunity for a hearing as provided in article
4
of title
24
, if requested by the permit holder. The department may promulgate rules, subject to the requirements of article
4
of title
24
, to establish specific procedures for suspension or revocation of permits and the conduct of permit suspension and revocation hearings.
Amended by 2020 Ch. 155, § 4, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2524, § 1, effective 1/1/1995.
This section is similar to former § 43-6-205 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 2 - PERMIT SYSTEM FOR HAZARDOUS MATERIALS (§§ 42-20-201 — 42-20-206) › Section 42-20-206 - Local government preemption

No county, city and county, city, or town shall establish any permit or fee system for the transportation of hazardous materials by motor vehicle.
L. 94: Entire title amended with relocations, p. 2525, § 1, effective 1/1/1995.
This section is similar to former § 43-6-206 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-300.3 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Route designation" means a designation of a route by the state patrol under this part 3.
L. 2011: Entire section added, (HB 11-1176), ch. 56, p. 149, §1, effective August 10.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-301 - Route designation

(1)
(a)
The patrol, after consultation with local governmental authorities, has the sole authority to designate which public roads are to be used and which are not to be used by motor vehicles transporting hazardous materials. The patrol shall exercise its authority in accordance with section
42-20-302
. Gasoline, diesel fuel, and liquefied petroleum gas are exempt from route designation unless the petitioning authority specified in section
42-20-302
requests their inclusion. The patrol may exempt crude oil from route designation after a request from the petitioning authority.
(b)
The patrol may include, as part of designated route restrictions, the closing of streets and highways and other conditions or restrictions the patrol deems advisable, except for hours of operation and curfews.
(c)
Routes designated by the patrol in accordance with this part 3 do not apply to motor vehicles when used to transport to or from the farm or ranch site products necessary for agricultural production.
(d)
No city, county, or city and county may impose restrictions on hours of operation on designated routes; except that this paragraph (d) does not apply to any city, county, or city and county that, by resolution or ordinance, had routes or hours of operation restrictions in effect on July 1, 1985.
(2)
The patrol may approve route designations only for those materials listed in table 1 of
49 CFR 172.504
, in any quantities, and those materials listed in table 2 of
49 CFR 172.504
, when carried in quantities of five hundred gallons or more; except that the patrol may not accept or approve route designations for those materials listed in table 2 when packaged in containers of five gallons or less or when packaged as consumer commodities as defined in
49 CFR 173.1200
.
(3)
(a)
Notwithstanding any other provision of this part 3 or part 1 or 2 of this article 20 to the contrary, the transportation commission may regulate hours of operation of the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X, respectively, on interstate 70.
(b)
The patrol may conform hazardous materials routing regulations made pursuant to this section to transportation commission regulations made pursuant to subsection (3)(a) of this section.
Amended by 2023 Ch. 404,§ 8, eff. 8/7/2023.
L. 94: Entire title amended with relocations, p. 2525, § 1, effective 1/1/1995. L. 95: (3) amended, p. 963, § 26, effective May 25. L. 99: (3) amended, p. 45, § 1, effective August 4. L. 2011: (1) amended, (HB 11 - 11 76), ch. 56, p. 149, § 2, effective August 10.
This section is similar to former § 43-6-301 as it existed prior to 1994.
2023 Ch. 404, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-303 - Road signs required - uniform standards

Signs giving adequate notice of route designations shall be placed and maintained along public roads affected by such designations. In accordance with part 6 of article
4
of this title and section
42-4-105
, the department of transportation shall adopt uniform standards for highway signs giving notice of route designations. The requirements of this section shall not apply to jurisdictions in which the governmental authority has provided the patrol with professional quality maps which indicate the route designations in that jurisdiction.
L. 94: Entire title amended with relocations, p. 2527, § 1, effective 1/1/1995.
This section is similar to former § 43-6-303 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-304 - Emergency closure of public roads

Nothing in part 1, 2, or 3 of this article shall limit the authority of state and local authorities to close public roads temporarily if necessary because of any road construction or maintenance, an accident, a natural disaster, the weather conditions, or any other emergency circumstances resulting in making road conditions unsafe for travel by motor vehicles transporting hazardous materials.
L. 94: Entire title amended with relocations, p. 2528, § 1, effective 1/1/1995.
This section is similar to former § 43-6-304 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-305 - Deviation from authorized route - penalty

(1)
No person shall transport hazardous materials by motor vehicle contrary to any route designation approved by the patrol pursuant to this part 3 unless such action is necessary to service a motor vehicle or to make a local pickup or delivery of hazardous materials or unless such action is so required by emergency conditions which would make continued use of authorized routes unsafe or by the closure of an authorized route pursuant to section
42-20-304
, and, in such circumstances, the motor vehicle shall remain on authorized routes whenever possible and shall minimize the distance traveled on restricted routes. A person transporting hazardous materials by motor vehicle may make successive local pickups and deliveries without returning to the authorized route between each pickup or delivery when such return would be unreasonable. A person transporting hazardous materials shall not utilize residential streets unless there is no other reasonable route available to reach the destination.
(2)
Any person who transports hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty dollars for each separate violation in accordance with the procedure set forth in section
42-20-105 (2)
. A person who commits a second or subsequent violation within a twelve-month period of transporting hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be issued a summons and complaint in accordance with the provisions of section
42-4-1707 (1)
, and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than five hundred dollars.
(3)
All penalties collected pursuant to this section by a state agency or by a court shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section
42-20-107
.
(4)
Every court having jurisdiction over offenses committed under subsection (2) of this section shall forward to the chief a record of the conviction of any person in said court for a violation of any said laws within forty-eight hours after such conviction. The term "conviction" means a final conviction.
L. 94: Entire title amended with relocations, p. 2528, § 1, effective 1/1/1995.
This section is similar to former § 43-6-305 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 3 - ROUTE DESIGNATION FOR HAZARDOUS MATERIALS (§§ 42-20-300.3 — 42-20-306) › Section 42-20-306 - [Repealed]

Added by 2019 Ch. 81,§2, eff. 4/8/2019.
L. 2019: Entire section added, (SB 19-032), ch. 290, p. 290, §2, effective April 8.
Subsection (5) provided for the repeal of this section, effective July 1, 2021. (See L. 2019, p. 290.)
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-401 - Legislative declaration

It is hereby determined and declared that nuclear materials create a potential risk to the public health, safety, and welfare of the people of the state of Colorado. As an origination point of nuclear waste and a corridor state through which nuclear materials pass, the state has a duty to protect its citizens and environment from all hazards created by the transportation of nuclear materials within its borders. State and public participation in planning for the transport of nuclear materials and in the development of a plan to cope with all phases of the nuclear materials problem is essential in order to adequately prepare for potential nuclear incidents. To that end, it is the purpose of this part 4 and part 5 of this article to require safe and environmentally acceptable methods of transporting nuclear materials within this state in a manner consistent with the laws of the United States and the rules and regulations promulgated by agencies of the United States.
L. 94: Entire title amended with relocations, p. 2529, § 1, effective 1/1/1995. L. 95: Entire section amended, p. 963, § 27, effective May 25.
This section is similar to former § 43-6-401 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-402 - Definitions

As used in this part 4 and part 5 of this article, unless the context otherwise requires:
(1)
"Carrier" means any person transporting goods or property on the public roads of this state in, to, from, or through this state, whether or not such transportation is for hire.
(2)
Repealed.
(3)
(a)
"Nuclear materials" means highway route controlled quantities of radioactive materials as defined in
49 CFR 173.403 (l)
.
(b)
"Nuclear materials" does not include nuclear materials used for research or medical purposes within Colorado. For the purpose of this paragraph (b), highway route controlled quantities of radioactive materials used to irradiate medical supplies and equipment are not considered to be used for medical purposes.
(c)
(I)
"Nuclear materials" includes radioactive materials being transported to the waste isolation pilot plant in New Mexico and radioactive materials being transported to any facility provided pursuant to section 135 of the federal "Nuclear Waste Policy Act of 1982",
42 U.S.C. sec. 10101
et seq., or any repository licensed by the United States nuclear regulatory commission that is used for the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel.
(II)
Except as provided in subparagraph (I) of this paragraph (c), "nuclear materials" does not include radioactive materials utilized in national security activities under the direct control of the United States department of defense, nor does it include radioactive materials under the direct control of the United States department of energy which are utilized in carrying out atomic energy defense activities, as defined in the federal "Nuclear Waste Policy Act of 1982",
42 U.S.C. sec. 10101
et seq., or wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material.
(III)
Notwithstanding the provisions of subparagraph (I) of this paragraph (c), "nuclear materials" does not include ores or products from mining, milling, smelting, or similar processing of ores, or the transportation thereof.
Amended by 2020 Ch. 155, § 5, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2529, § 1, effective 1/1/1995. L. 95: IP amended, p. 963, § 28, effective May 25. L. 2020: (2) repealed, (SB 20-118), ch. 664, p. 664, § 5, effective 1/1/2021.
This section is similar to former § 43-6-402 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-403 - Chief to promulgate rules and regulations - motor vehicles

The chief shall promulgate rules and regulations for the safe transportation of nuclear materials by motor vehicle. Such rules shall not be inconsistent with any federal rule or regulation governing the transportation of the nuclear materials subject to parts 4 and 5 of this article. Such rules shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a nuclear material by motor vehicle.
L. 94: Entire title amended with relocations, p. 2530, § 1, effective 1/1/1995.
This section is similar to former § 43-6-403 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-404 - Inspections

All vehicles carrying nuclear materials entering the state on the public highways shall be inspected by a Colorado state patrol officer or a port of entry officer, as defined in section
42-8-102 (3)
, at the nearest point at which the shipment enters the state or at a location specified by the Colorado state patrol. For all shipments originating within the state, inspection shall be made at the point of origination by a Colorado state patrol officer or a port of entry officer. Inspections conducted by Colorado state patrol officers or port of entry officers shall be in accordance with the rules promulgated pursuant to sections
42-4-235
,
42-20-108 (2)
, and
42-20-403
.
L. 94: Entire title amended with relocations, p. 2530, § 1, effective 1/1/1995. L. 95: Entire section amended, p. 963, § 29, effective May 25. L. 2010: Entire section amended, (HB 10 -1113), ch. 244, p. 1084, § 5, effective July 1. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 473, § 23, effective July 1.
This section is similar to former § 43-6-404 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-405 - Violations - criminal penalties - definition

(1)
Notwithstanding the provisions of section
40-7-107
, any person who violates any provision of this part 4 or part 5 of this article 20 or rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20 commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
. No conviction pursuant to this section shall bar enforcement by the public utilities commission of any provision of title 40 with respect to violations by persons subject to said title.
(2)
Every court having jurisdiction over offenses committed under subsection (1) of this section shall forward to the chief a record of the conviction of any person in said court for a violation of any provision of part 4 or 5 of this article or any rule or regulation promulgated pursuant thereto within forty-eight hours after such conviction. As used in this subsection (2), "conviction" means a final conviction.
Amended by 2020 Ch. 155, § 6, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2530, § 1, effective 1/1/1995. L. 95: (1) amended, p. 963, § 30, effective May 25. L. 2002: (1) amended, p. 1565, § 385, effective October 1. L. 2020: (1) amended, (SB 20-118), ch. 664, p. 664, § 6, effective 1/1/2021.
This section is similar to former § 43-6-405 as it existed prior to 1994.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-407 - Repeat violations - civil penalties

(1)
If any person receives two penalty assessments within one year for a violation of section
42-20-406
and the first penalty assessment has not been reversed by a court of competent jurisdiction, the penalty for the second violation shall be two times the amount of the penalty listed for the violation in section
42-20-406
.
(2)
If any person receives three or more penalty assessments within one year for a violation of section
42-20-406
and if two or more of the previous penalty assessments have not been reversed by a court of competent jurisdiction, the penalty for each of the third and subsequent violations shall be three times the amount of the penalty listed for the violation in section
42-20-406
.
L. 94: Entire title amended with relocations, p. 2533, § 1, effective 1/1/1995.
This section is similar to former § 43-6-407 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 4 - NUCLEAR MATERIALS - GENERAL PROVISIONS (§§ 42-20-401 — 42-20-408) › Section 42-20-408 - Compliance orders - penalty

(1)
Whenever the chief finds that any person is in violation of any rule, regulation, or requirement of part 4 or 5 of this article, the chief may issue an order requiring such person to comply with any such rule, regulation, or requirement and may request the attorney general to bring suit for injunctive relief or for penalties pursuant to section
42-20-406
.
(2)
Any person who violates any compliance order of the chief which is not subject to a stay pending judicial review and which has been issued pursuant to this part 4 shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs.
L. 94: Entire title amended with relocations, p. 2533, § 1, effective 1/1/1995.
This section is similar to former § 43-6-408 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-501 - Nuclear materials transportation permit required - application

(1)
No transportation of nuclear materials shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this section, which is not inconsistent with federal law, authorizing the applicant to operate or move upon public roads of this state a motor vehicle or combination of motor vehicles which carry nuclear materials.
(2)
Each carrier desiring to transport nuclear materials shall submit a permit application, in the form designated by the department of transportation, to the department before beginning such transportation.
Amended by 2020 Ch. 155, § 8, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2534, § 1, effective 1/1/1995.
This section is similar to former § 43-6-501 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-502 - Permits - fees

Each permit issued pursuant to section
42-20-501
shall be valid for one year following its issuance and shall be issued after approval of the carrier's permit application and upon payment of a five-hundred-dollar permit fee. In addition to the permit fee, each carrier shall pay a two-hundred-dollar fee for each shipment. The shipment fee shall be paid either by mail, in which case it must be postmarked at least seven days before the shipment is to be made, or at the time the shipment enters the state at the port of entry weigh station nearest the point at which the shipment enters the state. If the shipment originates in this state, payment shall be made at the port of entry weigh station nearest the point of origination of the shipment.
L. 94: Entire title amended with relocations, p. 2534, § 1, effective 1/1/1995.
This section is similar to former § 43-6-502 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-503 - Carrying of shipping papers

Any person transporting nuclear materials in this state shall carry a copy of the shipping papers required in 49 CFR part 172 , subpart C.
L. 94: Entire title amended with relocations, p. 2534, § 1, effective 1/1/1995.
This section is similar to former § 43-6-503 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-504 - Rules and regulations

The chief is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits if such rules and regulations are not in conflict with or inconsistent with federal rules and regulations.
L. 94: Entire title amended with relocations, p. 2534, § 1, effective 1/1/1995.
This section is similar to former § 43-6-504 as it existed prior to 1994.