(1) The department shall develop, adopt, and administer a procedure for licensing drivers of commercial motor vehicles in accordance with applicable federal law governing commercial motor vehicle safety and any rules promulgated thereunder. The department is hereby specifically authorized to adopt and effectuate, whether by rule, policy, or administrative custom or practice, any licensing sanction imposed by federal statutes or rules governing commercial motor vehicle safety.
(2) (a) The department shall promulgate such rules and regulations as are necessary for the implementation of this part 4. Such rules and regulations shall govern all aspects of licensing commercial drivers, including, but not limited to, testing procedures, license issuance procedures, out-of-service regulations, denial procedures, including suspensions, revocations, cancellations and denials, records maintenance, reporting requirements, and cooperation with the commercial driver's license information system.
(b) The department, with the advice of the commissioner of education, shall develop testing and license issuance procedures for school bus drivers who are employed by any Colorado school district.
(c) (I) In addition to any other requirements, an application for a commercial driver's license shall state that:
(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, cancellation or denial of the applicant's driver's license, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and
(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (c) by the applicant's signature on the application.
(d) The department may not consider the following with regard to an application from a person for a commercial driver's license:
(I) A conviction for UDD;
(II) A license revocation imposed under section 42-2-126 (3)(b) if the person was under twenty-one years of age at the time of the offense and such person drove a motor vehicle while such person's BAC was at least 0.02 but not more than 0.05; or
(III) A license revocation imposed under section 42-2-126 (3)(e) if the person was under twenty-one years of age at the time of the offense and such person drove a commercial motor vehicle while such person's BAC was at least 0.02 but less than 0.04.
(e) With regard to every person who holds or applies for a commercial driver's license in this state, the department shall maintain, for at least three years, records of such person's application and of any convictions, disqualifications, and licensing actions for violation of state or local laws relating to motor vehicle traffic control, other than parking violations, committed while the person was operating a commercial motor vehicle or that would affect the person's commercial driving privilege, and shall make such records available to the specified persons and entities as follows:
(I) To law enforcement officers, courts, prosecutors, administrative adjudicators, and motor vehicle licensing authorities in Colorado or any other state, all information on all such persons;
(II) To the federal secretary of transportation, all information on all such persons;
(III) To the individual to whom such information pertains, all such information pertaining to that individual;
(IV) To the motor carrier employer or prospective motor carrier employer of the individual to whom such information pertains, all such information pertaining to that individual.
(2.5) Any application for the issuance or renewal of a license pursuant to this section shall include the applicant's social security number as required in section 14-14-113, C.R.S.
(3) Nothing in this part 4 shall be construed to prevent the state of Colorado from complying with federal requirements in order to qualify for funds under the federal Commercial Motor Vehicle Safety Act of 1986 or other applicable federal law.
(4) (a) Any male United States citizen or immigrant who applies for a commercial driver's license, or a renewal of any such license, and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the Military Selective Service Act, 50 U.S.C. App. sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (4) to the selective service system. The applicant's submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his signature serves as consent to registration with the selective service system, if so required by federal law.
(5) Notwithstanding any law or rule to the contrary, upon presentation of satisfactory evidence by an applicant, the department:
(a) Shall consider the training, education, or experience obtained by an applicant as a member of the United States armed forces or reserves, the National Guard of any state, the military reserves of any state, or the naval militia of any state; and
(b) May credit the training, education, or experience toward the qualifications to receive a license, certification, or registration.
(6) The department shall require initial applicants for the type of commercial driver's license that authorizes a person to operate a combination vehicle (class A under 49 CFR 383.153) to successfully pass training, when attending a commercial driving school certified for approval by the private occupational schools division in the department of higher education, on the recognition, prevention, and reporting of human trafficking.
Source: L. 94: Entire title amended with relocations, p. 2164, � 1, effective January 1, 1995. L. 97: (2)(d) added, p. 1466, � 10, effective July 1; (2.5) added, p. 1311, � 47, effective July 1; (2)(c) added, p. 1002, � 5, effective August 6. L. 98: (2)(d)(II) amended, p. 174, � 5, effective April 6. L. 2001: (4) added, p. 647, � 3, effective August 8. L. 2004: (1) and (3) amended and (2)(e) added, p. 890, �� 1, 2, effective July 1, 2005. L. 2008: (2)(d) amended, p. 251, � 17, effective July 1. L. 2016: (5) added, (SB 16-134), ch. 195, p. 686, � 1, effective May 27. L. 2018: (6) added, (HB 18-1018), ch. 117, p. 815, � 1, effective August 8.
Editor's note: This section is similar to former � 42-2-503 as it existed prior to 1994, and the former � 42-2-403 was relocated to � 42-2-303.
Cross references: For the legislative declaration contained in the 1997 act enacting subsection (2.5), see section 1 of chapter 236, Session Laws of Colorado 1997.
42-2-404. Commercial driver's license - limitations - unlawful direction to operate a commercial motor vehicle - applicability - rules. (1) Except as provided in subsection (4) of this section, no person shall operate a commercial motor vehicle upon the highways in this state on or after April 1, 1992, unless such person has attained the age of twenty-one years and has been issued and is in immediate possession of a commercial driver's license.
(1.5) (a) The department shall not issue a commercial driver's license to, and shall immediately cancel the commercial driver's license of, any person subject to a federal disqualification order on the basis of imminent hazard to public safety pursuant to 49 CFR 383.52.
(b) A person who is subject to a federal disqualification order on the basis of imminent hazard, or whose commercial or noncommercial driver's privilege is under restraint, shall not be eligible for a restricted, probationary, or hardship license that would permit the person to operate a commercial motor vehicle during the period of such disqualification or restraint.
(c) (I) The department shall not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license that would have the effect of authorizing a person to operate a commercial motor vehicle transporting hazardous material in commerce unless the federal transportation security administration has determined that the person does not pose a security risk warranting a denial of the endorsement.
(II) Fingerprinting for the purpose of a criminal history record check for a hazardous materials endorsement on a commercial driver's license may be conducted by a state or local law enforcement agent or any other person who has the authorization or approval of a federal agency including, without limitation, the transportation safety administration or the federal bureau of investigation.
(III) A person enrolled in a commercial driver training school or holding a commercial driving learner's permit shall not be eligible to apply for or receive a hazardous materials endorsement and is prohibited from operating a commercial motor vehicle transporting hazardous material at any time.
(2) No person who drives a commercial motor vehicle may have more than one driver's license.
(3) (a) In addition to any applicable federal penalty concerning commercial motor vehicle operators, any person who violates subsection (1) or (2) of this section, or any rule or regulation promulgated by the department pursuant to this part 4, commits a class 1 misdemeanor traffic offense; except that, if a person who violates subsection (1) or (2) of this section presents a valid commercial driver's license to the court within thirty days after the date of the violation or at the person's first scheduled court appearance, the person, if convicted, is guilty of a class A traffic infraction.
(b) (I) An employer or an officer or agent of an employer shall not authorize or permit an employee to operate a commercial motor vehicle if the employer, officer, or agent knows or reasonably should know that the employee does not satisfy the requirements in subsection (1) of this section to operate a commercial motor vehicle.
(II) An employer, officer, or agent who violates subsection (3)(b)(I) of this section commits unlawful direction to operate a commercial motor vehicle. Unlawful direction to operate a commercial motor vehicle is a class 1 misdemeanor traffic offense.
(4) (a) This part 4 does not apply to any person who is at least eighteen years of age but less than twenty-one years of age and who operates a commercial motor vehicle upon the highways of this state solely in intrastate operations. In accordance with section 42-2-101 (4), a person of this age shall not operate any commercial motor vehicle upon the highways unless the person has been issued and is in immediate possession of a minor driver's license of the correct type or general class for the type or general class of motor vehicle that is issued.
(b) The department may promulgate rules authorizing a person who is at least eighteen years of age but less than twenty-one years of age to be licensed to drive a commercial vehicle in interstate commerce if the person:
(I) Holds a commercial driver's license; and
(II) Is authorized by federal law to drive a commercial vehicle in interstate commerce.
Source: L. 94: Entire title amended with relocations, p. 2165, � 1, effective January 1, 1995. L. 2000: (4) amended, p. 1358, � 37, effective July 1, 2001. L. 2004: (1.5) added, p. 891, � 3, effective July 1, 2005. L. 2019: (4) amended, (SB 19-018), ch. 2, p. 18, � 1, effective August 2. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3302, � 715, effective March 1, 2022. L. 2023: (3) amended, (SB 23-028), ch. 391, p. 2346, � 1, effective June 6. L. 2024: (3) amended, (HB 24-1135), ch. 208, p. 1280, � 1, effective August 1.
Editor's note: This section is similar to former � 42-2-504 as it existed prior to 1994, and the former � 42-2-404 was relocated to � 42-2-304.
Cross references: For the penalties for a class 1 misdemeanor traffic offense and a class A traffic infraction, see � 42-4-1701.
42-2-405. Driver's license disciplinary actions - grounds for denial - suspension - revocation - disqualification. (1) A person who holds a commercial driver's license or who drives a commercial motor vehicle, as defined under this part 4, shall be subject, in addition to this part 4, to disciplinary actions, penalties, and the general provisions under parts 1, 2, and 3 of this article and article 7 of this title.
(2) In addition to applicable penalties imposed under the sections listed in subsection (1) of this section:
(a) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any alcohol in his or her system, or who refuses to submit to a test to determine the alcoholic content of the driver's blood or breath while driving a commercial motor vehicle, shall be placed out of service as defined in section 42-2-402 (8).
(b) (I) If any person possesses or knowingly transports a schedule I drug or other substance identified in 49 CFR chapter III, subchapter B, appendix D, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug while operating a commercial vehicle during on-duty time, the department shall cancel such person's commercial driver's license for a period of six months or, if such person does not have a commercial driver's license, the department shall not issue a commercial driver's license to such person until at least six months have elapsed since the date of the latest such occurrence.
(II) If any person makes unlawful use of a schedule I drug or other substance identified in 49 CFR chapter III, subchapter B, appendix D, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug while operating a commercial vehicle during on-duty time, the department shall cancel such person's commercial driver's license for a period of one year or, if such person does not have a commercial driver's license, the department shall not issue a commercial driver's license to such person until at least one year has elapsed since the date of the latest such occurrence.
(3) For purposes of the imposition of restraints and sanctions against commercial driving privileges:
(a) A conviction for DUI, DUI per se, or DWAI, or a substantially similar law of any other state pertaining to drinking and driving, or an administrative determination of a violation of section 42-2-126 (3)(a) or (3)(b) shall be deemed driving under the influence; and
(b) A conviction for violating section 42-4-706, 42-4-707, 42-4-708, or a substantially similar law of any other state pertaining to conduct at or near railroad crossings, shall be deemed a railroad crossing offense.
(4) A commercial driver whose privilege to drive a commercial motor vehicle has been canceled or denied pursuant to this section may, following any applicable revocation period, apply for another type or class of driver's license in accordance with section 42-2-104, as long as there is no other statutory reason to deny such person such a license.
Source: L. 94: Entire title amended with relocations, p. 2165, � 1, effective January 1, 1995. L. 96: (2) amended, p. 272, � 2, effective April 8. L. 97: (3)(b)(II) amended, p. 1466, � 11, effective July 1. L. 2004: (1) and (3) amended, p. 892, � 4, effective July 1, 2005. L. 2006: (3) amended, p. 261, � 3, effective March 31. L. 2008: (3)(a) amended, p. 252, � 18, effective July 1. L. 2013: (3)(a) amended, (HB 13-1325), ch. 331, p. 1884, � 13, effective May 28.