Current through Register Vol. 47, No. 5, March 10, 2024
MCS 1: AUTHORITY TO ADOPT STANDARDS AND
SPECIFICATIONS. The Chief of the Colorado State Patrol is
authorized by the provisions of §
42-4-235(4) (a)
(I), CRS, to adopt rules and regulations for
safety standards and specifications for the operation of all commercial
vehicles in Colorado, both in interstate and intrastate transportation.
MCS 2: APPLICABILITY.
These rules and regulations apply to individuals, corporations, Colorado
government or governmental subdivisions or agencies, or other legal entities
who operate commercial vehicles as they are defined in §
42-4-235(1) (a),
CRS.
2.1.
COMPLIANCE WITH
8 CCR
1507-25 AS APPROPRIATE. In addition to this
rule, any person who transports hazardous materials as defined in
49 CFR
171.8 and §
42-20-103
(3), CRS, and/or nuclear materials as defined
in §
42-20-402(3) (a)
- (c), CRS, must operate consistent with
8 CCR
1507-25, the CSP Rules and Regulations Concerning the
Permitting, Routing, and Safe Transportation of Hazardous and Nuclear Materials
and the Intrastate Transportation of Agricultural Products in the state of
Colorado.
2.2.
APPROVAL OF
TEMPORARY RULE VARIANCE(S). Provided a variance is not in violation of
§
42-4-235, CRS, the CSP Motor
Carrier Safety Section (MCSS) may consider and grant requests of intrastate
commercial motor carriers for temporary variances from these rules.
MCS 3: GENERAL
DEFINITIONS. The following definitions apply throughout
these rules unless otherwise specified. Definitions relevant to these rules are
found in Title 49 of the Code of Federal Regulations. These definitions are
amended, where necessary, to conform to the Colorado Revised Statutes (CRS).
Those definitions controlled by the CRS that are generally applicable to these
rules are set forth herein.
3.1.
CDL: Commercial Driver's License.
3.2.
CDOR: Colorado Department
of Revenue.
3.3.
CDOT:
Colorado Department of Transportation.
3.4.
CDPS: Colorado Department
of Public Safety.
3.5.
CFR: Code of Federal Regulations.
3.6.
Chief: Means the Chief of
the Colorado State Patrol, or his or her designee as appropriate, unless
otherwise specified.
3.7.
Commercial Vehicle: The definition of a commercial vehicle will be
as outlined in §
42-4-235(1) (a),
CRS.
3.8.
CRS:
Colorado Revised Statutes.
3.9.
CRU: Colorado State Patrol Central Records Unit.
3.10.
CSP: Colorado State
Patrol.
3.11.
CVSA:
Commercial Vehicle Safety Alliance.
3.12.
Enforcement Official: The
definition of an enforcement official will be as it was defined by §§
16-2.5-101,
16-2.5-114,
16-2.5-115, and
16-2.5-143, and also as outlined
in §
42-20-103(2),
CRS.
3.13.
FMCSA:
Federal Motor Carrier Safety Administration.
3.14.
FMCSR: Federal Motor
Carrier Safety Regulations, AKA
49 CFR
40-
399 and its appendices.
3.15.
GCWR: Gross Combined
Weight Rating.
3.16.
GVWR: Gross Vehicle Weight Rating.
3.17.
LLC: Limited Liability
Company or Limited Liability Corporation.
3.18.
MCSS: Colorado State
Patrol Motor Carrier Safety Section.
3.19.
Motor Carrier: The
definition of a motor carrier will be as it is outlined in §
42-4-235(1) (c),
CRS.
3.20.
MOU:
Memorandum of Understanding.
3.21.
OOS: Out-of-Service.
3.22.
PUC: Public Utilities
Commission.
3.23.
UFA:
Uniform Fine Assessment.
3.24.
USDOT Number: The number assigned to a motor carrier by the FMCSA.
This number can be for intrastate or interstate use, depending upon the
information provided by the motor carrier to the FMCSA at the time of
application submission or the biannual update.
MCS 4: AUTHORITY TO INSPECT VEHICLES,
DRIVERS, CARGO, BOOKS, AND RECORDS.
Authorized Enforcement Officials will at times have the
authority to inspect commercial vehicles, commercial vehicle drivers, cargo,
and any required documents consistent with Part MCS 4 of these rules.
4.1.
SAFETY INSPECTIONS.
Enforcement officials who are authorized to perform motor vehicle safety
inspections on commercial motor vehicles and drivers, are required to meet the
inspector qualifications outlined in §
42-4-235(4) (a)
(I), CRS, while performing CVSA North
American Standard Safety Inspections.
4.1.1.
All Enforcement Officials performing North American Standard Safety Inspections
must maintain the certification requirements prescribed in the current
published CVSA Operations Manual, effective April 1, 2023.
4.2.
AUTHORITY TO INSPECT.
Authorized Enforcement Officials have the authority to inspect commercial
vehicles, commercial vehicle drivers, cargo, and any required documents, as
such documents are applicable to transport by
8 CCR
1507-25 and /or as are outlined in 49 CFR, Subchapter
B, Parts 383, 387, 390, 391, 392, 393, 395, 396, 397, and 399, as revised
October 1, 2022.
4.3.
AUTHORITY TO CONDUCT COMPLIANCE REVIEWS AND SAFETY AUDITS. CSP
Enforcement Officials who are certified by the FMCSA under
49 CFR
385, Subpart C, to perform compliance reviews
and safety audits have the authority to enter the facilities and inspect any
motor carrier, as defined in §
42-4-235(1) (c),
CRS. Inspection includes the review of any required records and supporting
documents as may be applicable through
8 CCR
1507-25 and /or as they are identified and defined in
49 CFR, Subchapter B, Parts 40, 380, 382, 383, 385, 387, 390, 391, 392, 393,
395, 397, 399, and Appendix A, revised October 1, 2022.
MCS 5: INSPECTION STANDARDS AND
REPORTS. Through an MOU with the CVSA, dated October 21,
2022, the CSP adopts the standards and procedures established for the
inspection of commercial vehicles, collectively known as the North American
Uniform Driver/Vehicle Inspection.
5.1.
CVSA BYLAWS AS GENERAL INSPECTION
GUIDELINES. Authorized Enforcement Officials performing safety
inspections on commercial vehicles, drivers, and cargo will use as general
guidelines the levels, methods of inspections, and the OOS criteria found in
the CVSA bylaws, as they are revised and effective April 1, 2023.
5.2.
MINIMUM INFORMATION AND REPORT
DISPOSITION. Authorized Enforcement Officials will, upon the completion
of each inspection, prepare a report which, at a minimum, identifies the
inspector, the inspector's agency, the name and address of the motor carrier,
the date and time of the inspection, the location of the inspection, the
vehicle, and the driver, any defects or violations found, and the disposition
of the vehicle. A copy of the inspection report will be provided to the driver
or motor carrier.
MCS 6: STATE ADOPTION OF
FMCSR. All intrastate and interstate motor carriers,
commercial vehicles, and drivers thereof, operating within Colorado must
operate consistent with the safety regulations detailed within:
|
49 CFR
40
|
Procedures for Transportation Workplace Drug and
Alcohol Testing Programs
|
|
49 CFR
380
|
Special Training Requirements
|
|
49 CFR
382
|
Controlled Substances and Alcohol Use and
Testing
|
|
49 CFR
385 Subparts C & D
|
Safety Fitness Procedures
|
|
49 CFR
387
|
Minimum Levels of Financial Responsibility for Motor
Carriers
|
|
49 CFR
390
|
Federal Motor Carrier Safety Regulations:
General
|
|
49 CFR
391
|
Qualifications of Drivers and Longer Combination
Vehicle (LCV) Driver Instructors
|
|
49 CFR
392
|
Driving of Commercial Motor Vehicles
|
|
49 CFR
393
|
Parts & Accessories Necessary for Safe
Operation
|
|
49 CFR
395
|
Hours of Service of Drivers
|
|
49 CFR
396
|
Inspections, Repair, and Maintenance
|
|
49 CFR
397
|
Transportation of Hazardous Materials; Driving and
Parking Rules
|
|
49 CFR
399
|
Employee Safety and Health Standards
|
49
CFR 396 Appendix A
to Subchapter B of Chapter III Minimum Periodic
Inspection Standards of the FMCSR as the same were effective October 1, 2022,
and published in Title 49 of the CFR, Subtitle B, Chapter III, Parts 200
through 399, with references therein, with modifications as are necessitated by
state law and set forth by these rules:
6.1.
INTRASTATE COMMERCE
INCLUDED. Unless otherwise specified, all references to interstate
commerce by the FMCSR also include intrastate commerce for these
rules.
6.2.
ENTRY-LEVEL
DRIVER TRAINING.
49
CFR 380.509 (a) is amended
to read: "Each employer must ensure each entry-level driver, who first begins
operating a commercial motor vehicle requiring a CDL under §
42-2-404, CRS, receives the
training required by 49 CFR
380.503."
6.3.
NEW ENTRANT SAFETY PROGRAM.
49 CFR
385.301 (b) and (c), through
385.305, and
385.319
(b) through
385.337 are not applicable.
6.3.1.
49 CFR
385.309 through
385.319
(a), hereafter referred to collectively as
the Colorado Intrastate New Entrant Safety Assurance Program applies to
intrastate motor carriers who are beginning in intrastate operations and are
required to obtain an intrastate USDOT number from the FMCSA.
6.3.2. Intrastate motor carriers can confirm
if they need a USDOT number and complete an intrastate application online by
going to
HTTPS://WWW.FMCSA.DOT.GOV/REGISTRATION/DO-I-NEED-USDOT-NUMBER.
6.3.3. All interstate motor carriers
beginning operations in Colorado must submit to a safety audit as defined in
49 CFR
385.3. Interstate carriers beginning
operations in Colorado must submit to a safety audit consistent with
49 CFR
385.3.
6.3.4. All intrastate motor carriers
beginning operations in Colorado are eligible for the Colorado Intrastate New
Entrant Safety Assurance Program. New intrastate carriers may schedule training
by contacting the MCSS. A prior interstate safety audit or compliance review
will meet the requirement for an intrastate safety audit.
6.4.
FINANCIAL RESPONSIBILITY
(INSURANCE) OF MOTOR CARRIERS. Under §
42-4-235(4) (a)
(I), CRS, the financial responsibility and
insurance provisions of these rules do not apply to commercial vehicles
regulated by the PUC. These provisions do not apply to those commercial
vehicles operated by river outfitters regulated by the Colorado Department of
Natural Resources, Division of Wildlife, under
2 CCR
405-3. These noted exceptions aside,
49 CFR
387.1 through
387.17,
387.303,
387.305, and
387.309 apply to the operation of
commercial vehicles in Colorado with the following exceptions:
6.4.1.
49 CFR
387.7 (e) and (g) do not
apply.
6.4.2.
49 CFR
387.9 (4) applies only to
interstate and foreign commerce.
6.4.3. Transportation carriers may obtain a
certificate of self insurance issued under §
42-7-501, CRS, or
49 CFR
387.
6.4.4. Motor carriers subject to these rules
must carry a minimum level of cargo liability coverage of $10,000 for loss or
damage to property carried on any one motor vehicle, or an amount adequate to
cover the value of the property being transported, whichever is less unless the
shipper and the property carrier otherwise agree by written contract to a
lesser amount.
6.5.
AMENDED GENERAL APPLICABILITY OF THE FMCSR.
49 CFR
390.3(f), (1)- (2), and (6)
do not apply.
6.6.
AMENDED
APPLICABILITY OF FMCSR DEFINITIONS. The following definitions set forth
within 49 CFR
390.5 are hereby amended by these rules:
6.6.1. The definitions of "Commercial Motor
Vehicle" and "Motor Carrier" do not apply.
6.6.2. The definition of an "Emergency" is
amended through the addition of the following: "A governmental agency has
determined that a local emergency requires relief from the maximum driving time
in 49 CFR
395.3 or
395.5."
6.7.
AMENDED MOTOR CARRIER
IDENTIFICATION REQUIREMENTS.
49 CFR
390.19 (a) is amended to
read: "Each motor carrier that conducts operations in intrastate commerce must
apply for and receive an intrastate USDOT Number before beginning operations
within the state. The motor carrier is required to update this information
every 24 months."
6.7.1. USDOT numbers for
intrastate motor carriers are processed by the FMCSA.
6.7.2.
49 CFR
390.21(b) is amended through
the addition of the following: "Intrastate carriers must mark their vehicles
with the assigned intrastate USDOT number, preceded by the letters "USDOT" and
followed by the suffix "CO" (e.g.: USDOT 1234567 CO)."
6.7.2.1. Motor carriers operating in
intrastate commerce, not transporting 16 or more passengers (including the
driver) or transporting placarded hazardous materials and having a GVWR or GCWR
equal to or in excess of 16,001 lbs., but not in excess of 26,000 lbs., may
meet the marking requirements of
49 CFR
390.21 by marking the trailer or secondary
unit, if the GVWR of the self-propelled unit itself is less than 16,001
lbs.
6.7.2.2. In the interests of
public safety, intrastate motor carriers who operate as repossessors as defined
within §
42-6-146(4), CRS,
operating Intrastate, are not subject to the marking requirements of
49 CFR
390.21.
6.8.
AGE OF CDL DRIVERS OPERATING IN
INTERSTATE COMMERCE.
49 CFR 391.11 (b)
(1) is amended to read: "Is at least 21 years
old if engaged in interstate commerce or transporting hazardous materials of a
type or quantity that would require the vehicle to be marked or placarded under
49 CFR
177.823, except drivers operating interstate
under a waiver issued through the FMCSA Military Pilot Program, or any other
approved non-military extension thereof and as recognized consistent with
§
42-2-404(4) (b),
CRS. All other drivers operating intrastate only must be at least 18 years of
age."
6.9.
AMENDING
HOURS-OF-SERVICE AND APPLICABILITY THEREOF. The Hours-of-Service
regulations set forth within 49 CFR 395 are amended as follows:
6.9.1. Public transit agency carriers and
their drivers operating in intrastate commerce may satisfy the requirements of
49 CFR
395.1 (e) (1) (ii) by either
meeting the existing regulation, or by replacing
49 CFR
395.1 (e) (1) and (2) with
"the driver is released from work within 12 consecutive hours."
6.9.2.
49 CFR
395.3 and
395.5 do not apply to drivers of
either Colorado governmental vehicles or tow trucks working an emergency, as
defined in 49 CFR
390.
6.9.3.
49 CFR
395.3 does not apply to tow drivers who are
towing a vehicle from a public roadway at the request of a public officer or
for other law enforcement purposes.
6.9.4. Drivers transporting livestock,
poultry, slaughtered animals, or the grain, corn feed, hay, etc., used to feed
animals are eligible to use the agricultural operations exception in
49 CFR
395.1 (k).
6.9.5.
49 CFR
395.1 (k) is amended to
read: "Is conducted during the planting and harvesting seasons within Colorado
as determined by the Department of Agriculture to be from January 1 to December
31."
6.10.
REFERENCES TO
FEDERAL AGENCIES TO INCLUDE STATE AGENCIES. All references to federal
agencies and authorized personnel are to be construed to include the CSP, PUC,
and other state or local enforcement agencies who have a signed MOU with the
CSP and their authorized personnel.
6.11.
FILING OF INFORMATION RELATED TO
FMCSR REPORTING REQUIREMENTS. All motor carrier and driving requirements
adopted by 8 CCR 1507-25 and/or referred to
in 49 CFR
40,
368,
380,
382,
383,
385,
387,
390,
391,
392,
393,
395,
396,
397, and
399 must be filed with or
delivered by mutually agreed upon methods upon request to the MCSS at 15075 S.
Golden Rd., Golden, CO., 80401.
6.12.
OTHER GENERAL EXCEPTIONS.
These rules and regulations apply to all vehicles meeting the definition of a
commercial vehicle Outlined in §
42-4-235(1) (a),
CRS, and drivers who meet the definition of "Driver" as described in
49 CFR
390.5, with the following exceptions:
6.12.1. Drivers of intrastate vehicles and
vehicle combinations having a GVWR or GCWR of not more than 26,000 lbs., not
requiring a CDL to operate, are not subject to
49 CFR
391, Subpart E, Physical Qualifications and
Examinations.
6.12.2. Vehicles
owned and operated by the Federal Government or state government or political
subdivision thereof not domiciled in Colorado, not transporting hazardous
materials of a type and quantity requiring the vehicle to be marked or
placarded under 49 CFR
172.504.
6.12.3. The operation of authorized emergency
vehicles, as defined in §
42-1-102(6), CRS,
while in emergency and related operations.
6.12.4. The operations of snowplows, as
defined in §
42-1-102(91),
CRS, and all other vehicles engaged in supporting the use thereof when
snowplows are removing snow/ice from the roadway or engaged in related snow/ice
removal operations.
MCS 7. TRACTION DEVICES ARE
REQUIRED. Drivers operating a commercial vehicle as defined
in CDOT rule 2 CCR 601-14, except mobile
cranes, operating on Interstate 70 between mileposts 133 and 259 from September
1st to May 31st inclusive, must carry tire chains consistent with the
requirements set forth within §
42-4-106(5) (a)
(I), CRS. Alternative Traction Devices
(ATDs), including tire cables, may also be used as defined and as use is
consistent with 2 CCR 601-14.
MCS 8. INTRASTATE MEDICAL
WAIVERS. MCSS may grant variances/waivers to drivers unable
to satisfy the requirements of
49 CFR
391, Subpart E, consistent with these
rules.
8.1.
APPROVAL OF MEDICAL
WAIVERS. Individual applications requesting a variance/waiver of
specific requirements may be approved when the approval of a variance/waiver is
supported by the decisions of a certified medical examiner and the documented
determination of an appropriate medical professional, combined with the
satisfaction of any applicable performance standards, supporting a decision
that a medical condition has no adverse impact on safety.
8.2.
MEDICAL WAIVER APPLICATION
ONLINE. Medical waiver requirements, submission information, and
documents are available online at
HTTP://WWW.COLORADO.GOV/PACIFIC/CSP/MEDICAL-WAIVERS.
Medical waiver applications may also be requested in person, by fax, or by mail
from the MCSS office at 15075 S. Golden Rd., Golden, CO., 80401.
8.3.
WRITTEN NOTICE OF TERMS AND
CONDITIONS. Medical waiver cardholders are provided written notice of
relevant program terms and conditions at the time of card approval and
subsequent renewal(s).
8.4.
DENIAL OF MEDICAL WAIVER APPLICATION. An application for a medical
waiver may be denied if:
8.4.1. The applicant
does not currently possess or is not in the process of attaining a state of
Colorado CDL.
8.4.2. The applicant
has a medical condition for which a waiver or variance is not available;
or
8.4.3. Either the certified
medical examiner or the medical professional fails to complete or certify the
required waiver form(s).
8.4.4.
Upon review of relevant motor vehicle operation data available to the CSP at
the time of receipt of paperwork to re-issue a medical waiver to an individual
having an expired or expiring waiver, the CSP determines that to re-issue a
medical waiver to an individual does not promote safety, protect human life, or
preserve the highways of this state.
8.4.4.1.
The denial of an application for the re-issue or renewal of a medical waiver to
an individual based upon relevant motor vehicle operation data available to the
CSP at the time of the receipt of paperwork will be afforded the same appeal
rights as a waiver revocation.
8.4.5. Denial of a medical waiver application
will be by written notice from the MCSS.
8.4.5.1. Medical waiver applications denied
as a result of incomplete, insufficient, or ineligible information may be
resubmitted at the convenience of an applicant upon correction completion, or
upon meeting requirements of eligibility without prejudice.
8.5.
MEDICAL
WAIVER REVOCATION. A medical waiver may be revoked where the CSP
determines that its' issue does not promote safety, protect human life, or
preserve the highways of this state.
8.5.1. A
medical waiver may be revoked by the CSP when a waiver holder fails to comply
with the applicable terms and conditions of the CSP Medical Waiver
Program.
8.5.2. A medical waiver
may be revoked by the CSP when it is determined that based upon relevant motor
vehicle operations data available to the CSP, the continued use of the waiver
by a holder fails to promote safety, protect human life, or preserve the
highways of this state.
8.5.3.
Revocation of any medical waiver will be by written notice from the MCSS
consistent with §
24-4-104, CRS.
8.6.
RIGHT TO HEARING UPON
MEDICAL WAIVER REVOCATION. Within 30 days of receiving written notice
from the MCSS of a pending waiver revocation, the MCSS will provide the waiver
holder an opportunity to attend a hearing consistent with §
24-4-104, CRS.
8.7.
RIGHT TO APPEAL MEDICAL WAIVER
REVOCATION SUBSEQUENT INITIAL HEARING. Within 20 days of the completion
of this hearing or the failure of the waiver holder to attend, the Chief will
issue a written decision either sustaining or overturning the medical waiver
revocation. Within 30 days of receiving written notice from the MCSS revoking a
medical waiver, the holder of the waiver may submit an appeal.
8.7.1. Appeal requests by waiver holders must
be made in writing.
8.7.2. Appeal
requests must be addressed to the Chief at the MCSS at 15075 S. Golden Rd.,
Golden, CO., 80401.
8.7.3. The
Chief will hold a hearing upon the appeal consistent with §
24-4-105, CRS.
8.7.3.1. The scope of any hearing or appeal
will be limited to whether the applicant or waiver card holder complied with
the terms and conditions applicable to the medical waiver program.
8.7.4. The Chief will issue a
written decision within 20 business days of the completed hearing.
8.7.4.1. If the Chief finds that evidence of
non-compliance and/or ineligibility is sufficient, the medical waiver
revocation will be sustained.
8.7.4.2. If the Chief finds that evidence of
non-compliance and/or ineligibility is insufficient, the medical waiver
revocation will be immediately overturned and the medical waiver
reinstated.
8.7.5. The
decision of the Chief upon appeal will constitute a final agency action and is
subject to judicial review as described by §
24-4-106, CRS.
MCS 9. INTRASTATE SAFETY FITNESS RATINGS AND
CIVIL PENALTIES. The CDPS is authorized by the provisions
of §
42-4-235(2) (a),
CRS, to collect civil penalties levied against intrastate carriers found in
violation of the rules adopted by the CDPS under §
42-4-235(4) (a),
CRS. The procedure established by these rules applies to the determination and
issuance of these civil penalties.
9.1.
INTRASTATE CARRIER SAFETY
RATINGS.The CSP will establish a Safety Fitness Rating for each motor
carrier upon which it conducts a Compliance Review. The CSP will use as general
guidelines the procedures and definitions contained in
49 CFR
385.
9.2.
SCOPE, AUTHORITY, AND
APPLICATION.
§
42-4-235(2) (a),
CRS, regarding the minimum standards for commercial vehicles, provides that no
person will operate a commercial vehicle on a public highway of this state
unless such vehicle complies with the rules adopted by the CSP. Any person who
violates such rules will be subject to the civil penalties authorized according
to 40 CFR
386, Subpart G.
9.3.
49 CFR
386, SUBPART G NOT APPLICABLE TO INTRASTATE
MOTOR CARRIERS.
Intrastate motor carriers will not be subject to any of the
provisions in 49 CFR
386, Subpart G, that relate the amount of a
penalty to a violator's ability to pay. Civil penalties will be based upon the
nature and gravity of the violation(s), the degree of culpability, and such
other matters justice and public safety may require.
9.4.
EXCLUSIVE AUTHORITY TO CONDUCT
COMPLIANCE REVIEWS. Authorized Enforcement Officials of the CSP will
have the exclusive authority to conduct Compliance Reviews, as defined in
49 CFR
385.3, and to impose civil penalties under
such rules.
9.5.
APPLICATION
OF CIVIL PENALTY. The Civil Penalty will be applied upon the completion
of a Compliance Review by an MCSS Investigator certified by the FMCSA as a
Compliance Review Investigator.
9.6.
CIVIL PENALTY DEFINITIONS.
Unless otherwise specified, the following definitions apply to this MCS 9.
9.6.1.
Civil Penalty Process:
The process and procedures to collect civil penalties by the CSP for violations
of §
42-4-235(4) (a),
CRS.
9.6.2.
Notice of Claim
Letter (NOC): The written order informing the motor carrier of their
penalty, the rights associated with the penalty, and the process for responding
to the penalty.
9.6.3.
Commercial Vehicle: Will have the same meaning as described in
§
42-4-235(1) (a),
CRS.
9.6.4.
Compliance
Review: An examination of motor carrier operations, such as driver's
hours of service, maintenance and inspection, driver qualifications, CDL
requirements, financial responsibility, accidents, hazardous materials, and
other safety and transportation records to determine whether a motor carrier
meets the safety fitness standard.
9.6.5.
Conditional Safety
Rating: Indicates that a motor carrier does not have adequate safety
management controls in place to ensure compliance with the safety fitness
standards that could result in the occurrences listed in
49 CFR
385.5.
9.6.6.
Motor Carrier: Will have
the same meaning as described in §
42-4-235(1) (c),
CRS.
9.6.7.
Served/Service: Indicates a NOC or other service document was sent
by first class mail to the last address furnished to the MCSS by the motor
carrier or was personally served upon the motor carrier by a uniformed member
of the CSP.
9.6.7.1. Service of a NOC or
document by first class mail is considered complete when it is mailed, not when
it is received.
9.6.8.
Satisfactory Safety Rating: Indicates a motor carrier has in place
and functioning adequate Safety Fitness controls to meet the safety fitness
standard prescribed in 49
CFR 385.5. Safety Fitness controls are
adequate if they are appropriate for the size and type of operation of the
particular motor carrier.
9.6.9.
Unrated Safety Rating: Indicates a safety rating has not been
assigned to the motor carrier by the CSP.
9.6.10.
Unsatisfactory Safety
Rating:Indicates a motor carrier does not have adequate safety
management controls in place to ensure compliance with the safety fitness
standard, resulting in occurrences listed in
49 CFR
385.5.
9.7.
SAFETY FITNESS RATING
ASSIGNMENT. Upon completion of a Compliance Review, the CSP will assign
a proposed Safety Fitness Rating that will be based on the degree of compliance
with the federal motor carrier safety fitness standard for motor carriers found
in 49 CFR
385.5.
9.7.1. The Safety Fitness Rating will be
determined using the factors prescribed in
49 CFR
395.7. A motor carrier may determine their
degree of compliance with the safety fitness standard by reviewing
49 CFR
385.5.
9.7.2. On the 61st day after the assignment
of a proposed Safety Fitness Rating, the motor carrier's Safety Fitness Rating
will become the final Safety Fitness Rating.
9.7.3. The final Safety Fitness Rating for an
intrastate motor carrier will be available to the public upon request by
contacting the CSP CRU office at:
Colorado State Patrol
Central Records Unit
700 Kipling St.
Lakewood, CO., 80215
(303)-239- 4500
9.8.
ADMINISTRATIVE REVIEW OF SAFETY
FITNESS RATING. If a motor carrier believes the CSP committed an error
in assigning its Safety Fitness Rating, the motor carrier may request an
administrative review. The request must conform to the following provisions:
9.8.1. The request must be in writing and
addressed to the Chief within 30 days of the assignment of the proposed Safety
Fitness Rating.
9.8.2. The request
must explain the error the motor carrier believes the CSP committed in issuing
the Safety Fitness Rating. The motor carrier must include a list of all factual
and procedural issues in dispute, and any information or documentation that
supports its argument.
9.8.3. The
Chief may request more information and/or require the motor carrier to attend a
conference to discuss the rating. If the motor carrier does not provide the
information requested or attend the conference, the Chief may dismiss the
request.
9.8.4. The Chief will
serve the decision in writing within 30 days of receiving the
request.
9.8.5. The proposed Safety
Fitness Rating will remain as a proposed Safety Fitness Rating until the
decision of the Chief.
9.8.6. The
decision will include the assignment of a final Safety Fitness Rating. The
decision constitutes a final action by the CSP.
9.9.
MOTOR CARRIER REQUEST TO CHANGE
SAFETY FITNESS RATING FOR CORRECTIVE ACTION(S). In the event a Safety
Fitness Rating is assigned to an intrastate motor carrier, the motor carrier
may request a change to their Safety Fitness Rating based on corrective actions
taken by the motor carrier. A request cannot be made by a motor carrier and
will not be acted upon by the CSP sooner than 90 days after the assignment of a
proposed Safety Fitness Rating. The request must be submitted in writing and
addressed to the Chief. The request must include the following information as
it relates to the specific motor carrier:
9.9.1. A description of corrective action(s)
taken by the motor carrier since the assignment of the Safety Rating.
9.9.2. A description of how the corrective
action(s) address(es) each violation on the most recent Compliance Review
identified as an acute and/or critical violation. The motor carrier must also
address factor six (crashes) of the Compliance Review when the rating for
factor six is "unsatisfactory."
9.9.3. Provide an explanation as to why the
violation(s) cited as acute and/or critical were permitted to occur.
9.9.4. The corrective action(s) taken by the
motor carrier to ensure these critical and/or acute violations do not reoccur
in the future.
9.9.5. If factor six
(crashes) is rated unsatisfactory, an accident countermeasure program must be
included as part of the corrective action(s) addressed. The program must
include, but not be limited to, defensive driving training.
9.9.6. If the corrective action(s) include(s)
action(s) to be taken in the near future, such as training, reorganization of
departments, purchasing of computer programs, etc., a schedule of when the
corrective action(s) is to occur must be included.
9.9.7. Any additional documentation or
information that relates to motor carrier safety, additional voluntary
corrective action(s), and the prevention of crashes and hazardous materials
incidents must be included.
9.9.8.
A written statement certifying that the motor carrier will operate in
compliance with the motor carrier safety and hazardous materials regulations
adopted by the CSP under §§
42-4-235 and
42-20-108, CRS, and all applicable
state and local laws.
9.9.9. The
request must be signed by a corporate officer in the case of a corporation, a
member or manager in the case of an LLC, by the general partner of a limited
partnership, or by all the partners or proprietors in the case of a general
partnership or proprietorship.
9.10.
MOTOR CARRIER REQUEST TO CHANGE
SAFETY FITNESS RATING THROUGH COMPLIANCE REVIEW. A motor carrier may
request a change in their Safety Fitness Rating by requesting a follow-up
Compliance Review, as follows:
9.10.1. The
request must be made to the Chief in writing. The request cannot be made by the
motor carrier and will not be acted upon by the CSP sooner than 90 days after
the assignment of a proposed Safety Fitness Rating.
9.10.2. The Compliance Review investigator
will review the corrective action(s) taken by the motor carrier since the last
Compliance Review.
9.11.
CIVIL PENALTY ASSESSMENT. A Compliance Review may result in the
assessment of a Civil Penalty for violations discovered during the Compliance
Review, as prescribed by §
42-4-235(2),
CRS.
9.12.
CIVIL PENALTY
AMOUNT DETERMINATION. The amount of a Civil Penalty Assessment will be
determined by considering the following factors:
9.12.1. The nature and gravity of the
violation(s).
9.12.2. The degree of
culpability.
9.12.3. The history of
offenses within the three years preceding the date of the Compliance
Review.
9.12.4. Such other matters
as justice and public safety may require, not to include any consideration of a
violator's ability to pay the Civil Penalty.
9.13.
IMPLEMENTS OF HUSBANDRY
EXEMPTED. The intrastate operation of implements of husbandry will not
be subject to the civil penalties provided in
49 CFR
386, Subpart G.
9.14.
APPLICATION OF UFA. The
Compliance Review investigator will use the UFA as it is codified within §
42-4-235(2) (a),
CRS, to determine the Civil Penalty levied upon a motor carrier.
9.15.
NOTIFICATION OF PENALTY.
Upon determination of a Civil Penalty, the Compliance Review investigator will
serve written notification of the Civil Penalty assessment upon a motor carrier
in the form of a NOC.
9.16.
PAYMENT OR ADMINISTRATIVE REVIEW OF PENALTY. The motor carrier
must respond to the MCSS within 30 days of service of the NOC upon the carrier
by the CSP in one of the following ways.
9.16.1. Paying the full amount of the Civil
Penalty as instructed in the NOC; or
9.16.2. Submitting a written request for a
payment plan to the Commander of the MCSS; or
9.16.3. If a motor carrier believes the CSP
committed an error in determining its Civil Penalty, it may request an
administrative review of that penalty. The following provisions govern the
administrative review:
9.16.3.1. The request
must be in writing and addressed to the Chief within 30 days of the service of
the NOC.
9.16.3.2. The request must
explain the error the motor carrier believes the CSP committed in issuing the
Civil Penalty. The motor carrier must include a list of issues in dispute, and
any supporting information or documentation.
9.16.3.3. The Chief may request additional
information and/or require the motor carrier to attend a conference to discuss
the penalty. If the motor carrier does not provide the information requested or
attend the conference, then the Chief may dismiss this request.
9.16.3.4. The Chief will serve the motor
carrier with a written decision within 30 days after the Chief has determined
that the administrative record is complete. This decision will constitute final
agency action.
9.16.3.5. A motor
carrier has 30 days from the date of the service to pay the penalty, to arrange
for a payment plan as described within these rules or 35 days from the date of
final agency action, file an action in the appropriate district court under
§
24-4-106(4),
CRS.
9.17.
MOTOR CARRIER FAILURE TO RESPOND TO CIVIL PENALTY AND REGISTRATION
REVOCATION. If, after 30 days a motor carrier does not pay the Civil
Penalty assessed, request a payment plan, or file an action in the appropriate
district court, the carrier will be deemed to have failed to pay.
9.17.1. The MCSS will forward a notice to the
CDOR of any motor carrier deemed to have failed to pay, consistent with §
42-4-235(2) (d)
(I), CRS.
9.17.2. If the MCSS forwards notice to CDOR
of a motor carrier that has failed to pay the assessed or adjudicated penalty,
the registrations of the vehicle(s) registered to the carrier will be canceled
under §
42-3-120, CRS.
MCS 10. INFORMATION ON THESE
RULES. All contact with the CSP regarding these rules or
their applicability should be addressed to:
Colorado State Patrol
Motor Carrier Safety Section
15075 S. Golden Rd.
Golden, CO., 80401-3990
(303) 273- 1875 (Office)
(303)-273- 1939 (Fax) MCSAP@STATE.CO.US
MCS 11. INFORMATION MAINTENANCE AND REFERENCE
OF PUBLICATIONS, STANDARDS, GUIDELINES, AND RULES. All
publications, standards, guidelines, and rules adopted and incorporated by
reference in these rules are on file and available upon request for public
inspection by contacting the MCSS at 15075 S. Golden Rd., Golden, CO.,
80401-3990. These rules are available upon request from the MCSS and online
through the CDPS Rulemaking Information website at
HTTPS://PUBLICSAFETY.COLORADO.GOV/GET-INVOLVED/RULES-AND-REGULATIONS.
11.1.
AVAILABLE FOR PUBLIC INSPECTION
AND REFERENCED CONSISTENT WITH STATUTE. All publications, standards,
guidelines, and rules adopted and incorporated by reference in these rules will
be provided to and made available for examination at any state publications
depository library as required by §
24-4-103 (12.5), CRS. The
following publications, standards, guidelines, and rules are adopted as amended
within these rules and consistent with §
24-4-103 (12.5), CRS. References
are here provided:
11.1.1. Commercial Vehicle
Safety Alliance (2023). North American Standard Out- of-Service Criteria
(OOSC). April 1, 2023. Greenbelt, MD: Author.
11.1.2. Federal Motor Carrier Safety
Regulations, 49 CFR
40,
380,
382,
383,
385,
387,
391-397,
399, and Appendix A (October 1,
2022). This information is also available online through the FMCSA website at
HTTPS://WWW.FMCSA.DOT.GOV/REGULATIONS.
11.2.
MAINTENANCE OF
COPIES. The MCSS will maintain copies of the complete texts of each of
the publications, standards, and guidelines referenced herein and these rules.
The MCSS will make each available for public inspection during regular business
hours.
11.3.
AVAILABILITY OF
COPIES. Interested parties may access information about these documents
free of charge online. Interested parties may also inspect the referenced
materials and/or obtain copies of the adopted standards for a reasonable fee by
contacting the MCSS. Copies of the adopted publications, standards, guidelines,
and rules may also be available from the organizations or agencies of origin:
11.3.1. Commercial Vehicle Safety Alliance
(CVSA), 6303 Ivy Lane, Suite, 310, Greenbelt, Maryland, 20770-6319. Phone:
(301)- 830-6143. Email: CVSAHQ@CVSA.ORG.
11.3.2. Federal Motor Carrier Safety
Administration (FMCSA), 1200 New Jersey Ave., SE, Room W-65-206, Washington,
DC, 20590. Phone: 1-(800)-832-5660. Website:
WWW.FMCSA.DOT.GOV.11.4.
LATER EDITIONS NOT
INCLUDED. These rules do not include later amendments to or editions of
any publications, standards, guidelines, or rules incorporated by reference.
MCS 12. SEVERABILITY. If
any provision of these rules or the application thereof to any person or
circumstance is determined to be unlawful or invalid, the remaining provisions
of these rules will not be affected, absent a specific
reference.
Entire rule eff.
04/30/2007.
Entire rule eff. 08/30/2007.
Rules I, II,
III, IV, V, VI eff. 04/30/2008.
Rules II, IV, V, VI eff.
03/02/2009.
Rules III (B), IV (C) eff. 05/30/2009.
Entire rule emer. rule eff. 08/05/2009.
Entire rule eff.
10/30/2009.
Entire rule eff. 04/30/2010.
Entire rule
eff. 04/30/2011.
Entire rule eff. 04/30/2012.
Entire
rule eff. 04/30/2013.
Entire rule eff. 04/01/2014.
Entire rule eff. 04/01/2015.
Entire rule eff. 03/30/2016.
Entire rule eff. 04/30/2017.
Rules III, IV.B, V.A,
V.C, VI.B.2.a, VI.B.4.a, VI.B.5.b.iv, VII.B eff. 03/17/2018.
Entire rule eff. 03/17/2019.
Rules III, IV, V.A-V.A.4, V.A.16,
V.B.4, VII.A, VII.B.2.h, VII.B.4.b.iv, VIII.B.1.a-b, VIII.B.2 eff. 04/01/2020.
Entire rule eff. 04/01/2021.
Rules 4.2, 4.3, 5.1, MCS
6, 9.6.5, 9.7.3, 9.10.1, 9.12.3, 9.16, MCS 11, 11.1.1, 11.1.2, 11.3.1 eff.
04/01/2022.
Entire rule eff.
03/31/2023.
