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Colorado Statutes, Title 40

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Title 40, Utilities

0 chapters · 538 sections in this title.

All chapters in Title 40538 Ch 10.181 Ch 255 Ch 1543 Ch 2030 Ch 9.529 Ch 3.226 Ch 325 Ch 624 Ch 719 Ch 4116 Ch 2715 Ch 8.715 Ch 414 Ch 910

81 sections·Filtered byTitle 40✕Ch 10.1✕

Colo. Rev. Stat. § 40-10.1-101 Definitions
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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 e…
Colo. Rev. Stat. § 40-10.1-102 Powers of commission
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(1) The commission has the power to and shall administer and enforce this article 10.1, including: (a) The right to inspect the motor vehicles, facilities, and records and documents, regardless of the format, of the motor carriers and persons involved; (b) The authority to admini…
Colo. Rev. Stat. § 40-10.1-103 Subject to control by commission
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(1) All common carriers and contract carriers are declared to be public utilities within the meaning of articles 1 to 7 of this title and are declared to be affected with a public interest and subject to this article and articles 1 to 7 of this title, including the regulation of …
Colo. Rev. Stat. § 40-10.1-104 Compliance

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A person shall not operate or offer to operate as a motor carrier in this state except in accordance with this article. Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 398, § 1, effective August 10. ANNOTATION Annotator's note. Since § 40-10.1-104 is similar to §…

Colo. Rev. Stat. § 40-10.1-105 Transportation not subject to regulation

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(1) The following types of transportation are not subject to regulation pursuant to this article 10.1: (a) A ridesharing arrangement, as defined in section 39-22-509 (1)(a)(II), C.R.S.; (b) The transportation of children to and from school, school-related activities, and school-s…

Colo. Rev. Stat. § 40-10.1-106 Commission to make rules and prescribe rates

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(1) The commission has the authority and duty to prescribe such reasonable rules covering the operations of motor carriers as may be necessary for the effective administration of this article, including rules on the following subjects: (a) Ensuring public safety, financial respon…

Colo. Rev. Stat. § 40-10.1-107 Financial responsibility - filing

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(1) Each motor carrier shall maintain and file with the commission evidence of financial responsibility in such sum, for such protection, and in such form as the commission may by rule require as the commission deems necessary to adequately safeguard the public interest. (2) The …

Colo. Rev. Stat. § 40-10.1-108 Commission to make safety rules

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(1) The commission has the authority and duty to establish, for motor carriers subject to parts 2, 3, and 7 of this article 10.1, reasonable rules to promote safety of operation. (2) For the purpose of carrying out this section pertaining to safety, the commission may obtain the …

Colo. Rev. Stat. § 40-10.1-109 Motor carrier compliance with safety rules

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(1) A motor carrier subject to part 2, 3, or 7 of this article 10.1 shall comply with the safety rules adopted by the commission pursuant to section 40-10.1-108. (2) A motor carrier operating a motor vehicle that is defined as a commercial vehicle in section 42-4-235 (1)(a), C.R.…

Colo. Rev. Stat. § 40-10.1-110 Record check - rules

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(1) (a) An individual who wishes to drive a motor vehicle for a motor carrier that is the holder of a certificate or a contract carrier permit issued under part 2 of this article 10.1; a motor vehicle for a motor carrier that is the holder of a permit to operate as a charter bus,…

Colo. Rev. Stat. § 40-10.1-111 Filing, issuance, and annual fees - fee setting by the commission

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(1) A motor carrier shall pay the commission the following fees in amounts set administratively by the commission with approval of the executive director of the department of regulatory agencies, in consultation with the director of the commission: (a) The filing fee for an appli…

Colo. Rev. Stat. § 40-10.1-112 Commission may take action against certificate or permit

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(1) Except as specified in subsection (3) of this section, the commission, at any time, by order duly entered, after hearing upon notice to the motor carrier and upon proof of violation, may issue an order to cease and desist or may suspend, revoke, alter, or amend any certificat…

Colo. Rev. Stat. § 40-10.1-113 Penalty for violations

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Any person who provides transportation in intrastate commerce without first obtaining a certificate or permit, violates any of the terms thereof, fails or refuses to make any return or report required by the commission, denies to the commission access to the books and records of …

Colo. Rev. Stat. § 40-10.1-114 Penalty for violation of article

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(1) Every motor carrier and every officer, agent, or employee of a motor carrier and every other person who violates or fails to comply with or who procures, aids, or abets in the violation of this article, who fails to obey, observe, or comply with any order, decision, or rule o…

Colo. Rev. Stat. § 40-10.1-115 Jurisdiction of courts

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The district court or, within its jurisdiction, the county court of any county in or through which a motor carrier operates has jurisdiction in all matters arising under this article on account of the operations of such motor carrier except as otherwise provided in this article a…

Colo. Rev. Stat. § 40-10.1-116 Commission to notify local authorities - procedure

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(1) Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an a…

Colo. Rev. Stat. § 40-10.1-117 Limited regulation of transportation network companies

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Notwithstanding any other provision of law, transportation network companies, as defined in section 40-10.1-602 (3), are governed exclusively under part 6 of this article. Source: L. 2014: Entire section added, (SB 14-125), ch. 323, p. 1409, § 5, effective June 5.

Colo. Rev. Stat. § 40-10.1-119 Market study and report - common and contract carriers - definition - repeal

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(1) As used in this section, unless the context otherwise requires, "study" means the study required by this section. (2) The commission shall conduct a study on the current regulatory structure for intrastate contract and common carriers. The study must address the following iss…

Colo. Rev. Stat. § 40-10.1-201 Certificate required

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(1) A person shall not operate or offer to operate as a common carrier in intrastate commerce without first having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation. (2) The fac…

Colo. Rev. Stat. § 40-10.1-202 Permit required - legislative declaration

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(1) (a) A person shall not operate or offer to operate as a contract carrier in intrastate commerce without first obtaining a permit for such operation from the commission. As used in this part 2, "permit" does not include a permit under part 3, 4, or 5 of this article. (b) The g…

Colo. Rev. Stat. § 40-10.1-203 Rules for issuance of certificate - standing to protest - judicial review - legislative declaration

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(1) The commission has the power to issue a certificate to a common carrier or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in the commission's judgment, th…

Colo. Rev. Stat. § 40-10.1-204 Temporary authority

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(1) To enable the provision of common carrier or contract carrier service for which there appears to be an immediate and urgent need to any point or within a territory having no such service capable of meeting the need, the commission may, in its discretion and without hearings o…

Colo. Rev. Stat. § 40-10.1-205 Transfer of certificate or permit

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(1) A certificate or permit, or rights obtained under a certificate or permit, that are held, owned, or obtained by any common carrier or contract carrier may be sold, assigned, leased, encumbered, or transferred as other property, subject to prior authorization by the commission…

Colo. Rev. Stat. § 40-10.1-206 Rates - limitations

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(1) It is unlawful for any common carrier to carry or advertise that it will carry any individuals at rates different from those it has on file with the commission for such carriage. (2) A contract carrier shall not destroy or impair, through discrimination or unfair competition,…

Colo. Rev. Stat. § 40-10.1-207 Taxicab license plates - rules

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(1) (a) The commission shall either: (I) Create a document that a person authorized to provide taxicab services under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or (II) Create a system to elec…

Colo. Rev. Stat. § 40-10.1-301 Definitions

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As used in this part 3, unless the context otherwise requires: (1) "Charter basis" means on the basis of a contract for transportation whereby a person agrees to provide exclusive use of a motor vehicle to a single chartering party for a specific period of time during which the c…

Colo. Rev. Stat. § 40-10.1-302 Permit requirements - rules

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(1) (a) A person shall not operate or offer to operate a charter bus, children's activity bus, fire crew transport, luxury limousine, or off-road scenic charter in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this part…

Colo. Rev. Stat. § 40-10.1-303 Livery license plates - rules

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(1) The commission shall either: (a) Create a document that a person authorized to provide luxury limousine service under this article may use to verify to the department of revenue or its authorized agent that the person provides such service; or (b) Create a system to electroni…

Colo. Rev. Stat. § 40-10.1-304 Revocation of permit for failure to pay fine

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(1) If a carrier that holds a permit under this part 3 fails to pay a fine or civil penalty imposed under this article 10.1 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a fi…

Colo. Rev. Stat. § 40-10.1-401 Permit requirements - rules

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(1) (a) A person shall not operate or offer to operate as a towing carrier in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this article. (b) A person may apply for a permit under this part 4 to the commission in such f…

Colo. Rev. Stat. § 40-10.1-402 Verification of authority - notice of requirement for designated license plates - rules

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(1) (a) The commission shall either: (I) Create a document that a person authorized to operate as a towing carrier under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or (II) Create a system to e…

Colo. Rev. Stat. § 40-10.1-403 Towing task force - creation - conflict of interest - rules - repeal

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(1) The towing task force is hereby created within the department of regulatory agencies. (2) Repealed. (2.5) (a) Beginning November 1, 2021, the task force consists of fourteen members, appointed as follows: (I) One member appointed by the governor to represent the commission; (…

Colo. Rev. Stat. § 40-10.1-404 Repeal of part - subject to review

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(1) This part 4 is repealed, effective September 1, 2030. Before the repeal, this part 4 is scheduled for review in accordance with section 24-34-104 and subsection (2) of this section. (2) In conducting its review in accordance with section 24-34-104 (5) and in considering the f…

Colo. Rev. Stat. § 40-10.1-405 Nonconsensual tows - rights of owners, operators, and lienholders - rules

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(1) Towing fees. (a) Towing carriers shall prominently display at their place of business and on any website of the towing carrier the current maximum rates permitted by rule of the commission for each tow service provided by the towing carrier. The sign must include the followin…

Colo. Rev. Stat. § 40-10.1-406 Failure to comply

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(1) No fees - return of vehicle. (a) If a towing carrier fails to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, the towing carrier: (I) Sh…

Colo. Rev. Stat. § 40-10.1-407 Records - rules

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(1) A towing carrier shall record the following information for each nonconsensual tow: (a) The unique serial number of the tow record or invoice; (b) The name, address, towing carrier permit number, and telephone number of the towing carrier; (c) The address and telephone number…

Colo. Rev. Stat. § 40-10.1-408 Kickbacks prohibited

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A towing carrier shall not pay money or other valuable consideration for the privilege of nonconsensually towing vehicles. Source: L. 2022: Entire section added, (HB 22-1314), ch. 416, p. 2947, § 11, effective August 10.

Colo. Rev. Stat. § 40-10.1-409 Violators subject to penalties

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(1) A towing carrier that violates this part 4 is subject to the penalties provided in section 40-10.1-114. (2) A violation of this part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt) and (1)(eeee) and is subject to enforcement by the attorney general's office or …

Colo. Rev. Stat. § 40-10.1-410 Towing rules

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Upon making a finding that a towing practice harms the public interest, the commission may promulgate rules, as necessary, to stop or change the towing practice that harms the public interest. Source: L. 2022: Entire section added, (HB 22-1314), ch. 416, p. 2948, § 11, effective …

Colo. Rev. Stat. § 40-10.1-411 Towing carrier responsibility

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The towing carrier is responsible for the security and safety of the towed vehicle until the vehicle is released to an authorized or interested person. Source: L. 2024: Entire section added, (HB 24-1051), ch. 292, p. 1990, § 6, effective August 7.

Colo. Rev. Stat. § 40-10.1-501 Definitions

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As used in this part 5, unless the context otherwise requires: (1) "Accessorial service" means any service performed by a mover that results in a charge to the shipper and is incidental to the transportation service, including valuation coverage; preparation of written inventory;…

Colo. Rev. Stat. § 40-10.1-502 Permit requirements - issuance by ports of entry

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(1) (a) A person shall not operate or offer to operate as a mover in intrastate commerce pursuant to this article, or advertise services as a mover, without first having obtained a permit from the commission in accordance with this part 5. (b) A mover shall annually apply for a p…

Colo. Rev. Stat. § 40-10.1-503 Enforcement of carrier's lien

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A mover without a current and valid permit issued under this part 5 is not entitled to acquire or enforce a carrier's lien under section 4-7-307 or 4-7-308, C.R.S. Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 413, § 1, effective August 10.

Colo. Rev. Stat. § 40-10.1-504 Advertising

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(1) No mover, nor any officer, agent, employee, or representative of the mover, shall advertise a transportation service in a name other than that in which the mover's permit is held. (2) Each advertisement of a mover shall include the phrase "CO PUC permit no. ___" and the physi…

Colo. Rev. Stat. § 40-10.1-505 Contracts for service

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(1) At or before the time of commencing work, a mover that provides any moving or accessorial services shall leave with the shipper a contract as specified by the commission containing the information listed in this subsection (1). The contract must be signed and dated by the shi…

Colo. Rev. Stat. § 40-10.1-506 Delivery and storage of household goods

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(1) A mover shall relinquish household goods to a shipper and shall place the goods inside a shipper's dwelling unless the shipper has not tendered payment in the amount specified in a contract signed and dated by the shipper. A mover shall not refuse to relinquish prescription m…

Colo. Rev. Stat. § 40-10.1-507 Binding arbitration

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In the event of a dispute between a mover and a shipper concerning the amount charged for services or concerning lost or damaged goods, the mover shall offer the shipper the opportunity to participate in binding arbitration under the uniform rules for better business bureau bindi…

Colo. Rev. Stat. § 40-10.1-508 Revocation of permit for failure to pay fine

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(1) If a mover that holds a permit under this section fails to pay a fine or civil penalty imposed under this part 5 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final dec…

Colo. Rev. Stat. § 40-10.1-509 Outreach - moving outreach fund

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(1) The moving outreach fund is created in the state treasury. The fund consists of one-half the penalties collected from movers and credited to the fund under section 40-7-112. The commission shall use the fund to educate consumers about their rights and the responsibilities of …

Colo. Rev. Stat. § 40-10.1-601 Short title

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This article shall be known and may be cited as the "Transportation Network Company Act". Source: L. 2014: Entire part added, (SB 14-125), ch. 323, p. 1409, § 6, effective June 5.