Title 42, Vehicles and Traffic
0 chapters · 632 sections in this title.
Colo. Rev. Stat. § 42-20-101 Short title
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Parts 1, 2, and 3 of this article shall be known and may be cited as the Hazardous Materials Transportation Act of 1987. Source: L. 94: Entire title amended with relocations, p. 2516, � 1, effective January 1, 1995. Editor's note: This section is similar to former � 43-6-101 as i…
Colo. Rev. Stat. § 42-20-102 Legislative declaration
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The general assembly finds that the permitting and routing of motor vehicles transporting hazardous materials is a matter of statewide concern and is affected with a public interest and that the provisions of parts 1, 2, and 3 of this article are enacted in the exercise of the po…
Colo. Rev. Stat. § 42-20-103 Definitions
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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…
Colo. Rev. Stat. § 42-20-105 Enforcement
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(1) The provisions of parts 1, 2, and 3 of this article relating to the transportation of hazardous materials by motor vehicle may only be enforced by an enforcement official. (2) Any enforcement official shall have the authority to issue penalty assessments for the misdemeanor t…
Colo. Rev. Stat. § 42-20-107 Hazardous materials safety fund
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(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 …
Colo. Rev. Stat. § 42-20-109 Penalty for violations
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(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…
Colo. Rev. Stat. § 42-20-110 Immobilization of unsafe vehicles
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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,…
Colo. Rev. Stat. § 42-20-111 Additional penalties
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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…
Colo. Rev. Stat. § 42-20-112 Reimbursement of local governments
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(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 ha…
Colo. Rev. Stat. § 42-20-201 Hazardous materials transportation permit required
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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…
Colo. Rev. Stat. § 42-20-202 Transportation permit - application fee - rules
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(1) (a) Except as otherwise provided in this section, each person desiring to transport hazardous materials which require placarding under 49 CFR 172 or 173 in, to, from, or through this state shall submit a permit application for an annual permit to the department of transportat…
Colo. Rev. Stat. § 42-20-203 Carrying of permit and shipping papers
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(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 transportatio…
Colo. Rev. Stat. § 42-20-204 Permit violations - penalties
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(1) Any person who transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 2 misdemeanor and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section 42-20-105…
Colo. Rev. Stat. § 42-20-205 Permit suspension or revocation - rules
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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 …
Colo. Rev. Stat. § 42-20-206 Local government preemption
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No county, city and county, city, or town shall establish any permit or fee system for the transportation of hazardous materials by motor vehicle. Source: L. 94: Entire title amended with relocations, p. 2525, � 1, effective January 1, 1995. Editor's note: This section is similar…
Colo. Rev. Stat. § 42-20-300.3 Definitions
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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. Source: L. 2011: Entire section added, (HB 11-1176), ch. 56, p. 149, � 1, effective August 10.
Colo. Rev. Stat. § 42-20-301 Route designation
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(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…
Colo. Rev. Stat. § 42-20-302 Application for route designation - procedure - approval
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(1) Petitions for new route designations or for a change in an existing route designation may be submitted to the patrol no more than once a year: (a) By a county, with respect to any public road maintained by the county, upon approval of the petition by the board of county commi…
Colo. Rev. Stat. § 42-20-303 Road signs required - uniform standards
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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 highwa…
Colo. Rev. Stat. § 42-20-304 Emergency closure of public roads
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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 circ…
Colo. Rev. Stat. § 42-20-305 Deviation from authorized route - penalty
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(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 su…
Colo. Rev. Stat. § 42-20-306 Transportation of hazardous materials through Eisenhower-Edwin C Johnson Memorial Tunnels - study - definitions - repeal. (Repealed)
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Source: L. 2019: Entire section added, (SB 19-032), ch. 81, p. 290, � 2, effective April 8. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2021. (See L. 2019, p. 290.)
Colo. Rev. Stat. § 42-20-401 Legislative declaration
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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 …
Colo. Rev. Stat. § 42-20-402 Definitions
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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) Repeale…
Colo. Rev. Stat. § 42-20-403 Chief to promulgate rules and regulations - motor vehicles
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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 arti…
Colo. Rev. Stat. § 42-20-404 Inspections
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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 spe…
Colo. Rev. Stat. § 42-20-405 Violations - criminal penalties - definition
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(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 b…
Colo. Rev. Stat. § 42-20-406 Violations - civil penalties - motor vehicles
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(1) Any person who violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except for the violations enumerated in subsection (3) of this section and section 42-20-5…
Colo. Rev. Stat. § 42-20-407 Repeat violations - civil penalties
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(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 l…
Colo. Rev. Stat. § 42-20-408 Compliance orders - penalty
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(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…
Colo. Rev. Stat. § 42-20-501 Nuclear materials transportation permit required - application
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(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 oper…
Colo. Rev. Stat. § 42-20-502 Permits - fees
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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…
Colo. Rev. Stat. § 42-20-503 Carrying of shipping papers
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Any person transporting nuclear materials in this state shall carry a copy of the shipping papers required in 49 CFR part 172, subpart C. Source: L. 94: Entire title amended with relocations, p. 2534, � 1, effective January 1, 1995. Editor's note: This section is similar to forme…
Colo. Rev. Stat. § 42-20-504 Rules and regulations
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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. Source: L. 94: Entire title amen…
Colo. Rev. Stat. § 42-20-505 Penalties - permit system
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(1) A Colorado state patrol officer or a port of entry officer, as defined in section 42-8-102 (3), may assess a civil penalty of one thousand dollars against a carrier who transports nuclear materials without first obtaining a nuclear materials transportation permit. (2) A carri…
Colo. Rev. Stat. § 42-20-506 Permit suspension and revocation
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In addition to any other civil or criminal penalties, the department of transportation may suspend the nuclear materials transportation permit of any carrier for a period not to exceed six months or revoke the permit for failure to comply with the permit terms, misrepresentation …
Colo. Rev. Stat. § 42-20-507 Local government preemption
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No county, city and county, city, or town shall establish any permit or fee system for the transportation of nuclear materials by motor vehicle or railcar in, to, from, or through this state. Source: L. 94: Entire title amended with relocations, p. 2535, � 1, effective January 1,…
Colo. Rev. Stat. § 42-20-508 Route designation - motor vehicles
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(1) The chief of the Colorado state patrol shall have the authority to adopt rules to designate which state highways shall be used and which shall not be used by motor vehicles transporting nuclear materials in this state. (2) The carrier shall not deviate from the routes designa…
Colo. Rev. Stat. § 42-20-509 Strict liability for nuclear incidents
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Any person who causes the release of any nuclear material being transported shall be strictly liable for all injuries and damages resulting therefrom. The conduct of the claimant shall not be a defense to liability; except that this section does not waive any defense based on the…
Colo. Rev. Stat. § 42-20-510 Statute of limitations
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No person who has been injured or damaged as a result of a nuclear incident shall be precluded from bringing a suit against the person or persons responsible for causing the nuclear incident if such suit is instituted within three years after the date on which the injured person …
Colo. Rev. Stat. § 42-20-511 Nuclear materials transportation fund - repeal
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(1) All money collected pursuant to parts 4 and 5 of this article 20 shall be transmitted to the state treasurer, who shall credit the money to the nuclear materials transportation fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the…