(1) Any person who drives a vehicle or owns a vehicle in violation of the provisions of section 42-8-105 (1) to (5) or 42-8-106 commits a class 2 misdemeanor traffic offense.
(2) Notwithstanding the provisions of section 42-1-217, all fines and penalties imposed under this article shall be transmitted to the state treasurer, who shall credit the same to the state highway fund; except that fifty percent of any fine or penalty imposed under this article for a violation occurring within the corporate limits of a city, town, or city and county or outside the corporate limits of a city, town, or city and county, which violation is cited by a law enforcement officer of such city, town, county, or city and county, shall be transmitted to the treasurer or chief financial officer of such city, town, county, or city and county, and the remaining fifty percent shall be transmitted to the state treasurer, who shall credit the same to the state highway fund.
(3) In addition to the penalties imposed pursuant to subsection (1) of this section, the chief of the Colorado state patrol shall, upon the conviction of any owner or operator or of any agent, officer, or employee, after a third offense within one calendar year, notify the public utilities commission of such conviction, and the commission may suspend any license or permit for a period not to exceed six months or revoke all such certificates and permits issued to the owner or operator of such vehicles by the public utilities commission. Such certificate or permit can be suspended or revoked only after due notice and hearing and for good cause shown. The chief shall file a complaint with the public utilities commission, and the commission must hold a hearing within thirty days after filing of a complaint by the chief. If at the hearing the commission finds that the facts as stated in the complaint by the chief are substantially correct, the commission may immediately revoke all intrastate certificates and permits issued by it to such violator.
(4) (Deleted by amendment, L. 96, p. 386, � 4, effective April 17, 1996.)
Source: L. 94: Entire title amended with relocations, p. 2495, � 1, effective January 1, 1995. L. 96: Entire section amended, p. 386, � 4, effective April 17. L. 2012: (3) amended, (HB 12-1019), ch. 135, p. 471, � 19, effective July 1.
Cross references: For the penalty for a class 2 misdemeanor traffic offense, see � 42-4-1701 (3)(a)(II).
42-8-110. Expenses of administration appropriated from the highway users tax fund. For the purpose of administering this article and for the operation, maintenance, and future construction of the port of entry weigh stations established pursuant to this article, there shall be appropriated from the highway users tax fund for each fiscal year such moneys as the general assembly may determine, upon presentation of a budget for that purpose in form and content in accordance with the provisions for submission of budget requests by state agencies.
Source: L. 94: Entire title amended with relocations, p. 2496, � 1, effective January 1, 1995.
42-8-111. Cooperative agreements with contiguous states for operations of ports of entry - rules. (1) In addition to any other powers granted by law, the chief of the Colorado state patrol is hereby authorized to negotiate and enter into cooperative agreements with the designated representatives of contiguous states for the operations of ports of entry at the borders between Colorado and such contiguous states.
(2) An agreement with a contiguous state or contiguous states for the operation of ports of entry at the borders between Colorado and such contiguous state or states entered into under the provisions of this section may include, but shall not be limited to, the following provisions:
(a) The joint operation of ports of entry by Colorado and a contiguous state or contiguous states;
(b) A grant of authority to the port of entry employees and officials of Colorado and to the port of entry employees and officials of each other state which is a party to such agreement to:
(I) Collect any fees, taxes, and penalties which are imposed by other states which are parties to such agreement on behalf of such states and to remit such fees, taxes, and penalties to such states; and
(II) Take actions to enforce the laws of other states that are parties to the agreement, including, but not limited to, the monitoring of licenses and other credential usage, the enforcement of tax restraint, distraint, or levy orders, the issuance of civil citations, and the conduct of any necessary equipment inspections. Port of entry personnel shall have and maintain the authority to enforce the provisions of section 42-4-1414 regarding the prohibition on the use of dyed fuel on Colorado highways.
(c) The assignment of Colorado ports of entry employees and officials at jointly operated ports of entry outside of Colorado and the assignment of ports of entry employees and officials of contiguous states at ports of entry within Colorado; and
(d) The allowance of such access to the data bases of Colorado and other states which are parties to such agreement by the employees and officials of each state as is necessary to enforce the laws of each such state and to operate under the terms of such agreement.
(3) Any agreement entered into under the provisions of this section shall contain provisions which express the understanding that any employees and officials of any other state who are assigned to jointly operated ports of entry, who enforce the laws of Colorado under the terms of such agreement, or who otherwise act under the terms of such agreement shall not be compensated by Colorado and shall not be considered to be employees or officials of Colorado for the purposes of any employee rights or benefits.
(4) The chief of the Colorado state patrol is hereby authorized to appoint employees and officials of a contiguous state as agents of the Colorado state patrol with the powers to enforce the laws of Colorado under the terms of cooperative agreements entered into under the provisions of this section.
(5) The chief of the Colorado state patrol may promulgate such rules as are necessary for the implementation of the provisions of this section.
Source: L. 94: Entire title amended with relocations, p. 2496, � 1, effective January 1, 1995. L. 2000: (4) amended, p. 1655, � 52, effective June 1. L. 2010: (2)(b)(II) amended, (HB 10-1113), ch. 244, p. 1084, � 4, effective July 1. L. 2012: (1), (4), and (5) amended, (HB 12-1019), ch. 135, p. 472, � 20, effective July 1.
MOTOR VEHICLE REPAIRS