Current through Register Vol. 47, No. 5, March 10, 2024
POE 1. AUTHORITY TO ADOPT STANDARDS AND
SPECIFICATIONS. The Chief is authorized by the provisions of §
42-8-104(1), CRS,
to adopt rules and regulations deemed necessary to enforce applicable statutes
and regulations regarding commercial motor carriers, owners, and operators
through the operation of Port of Entry weigh stations on public highways within
Colorado.
POE 2. GENERAL DEFINITIONS. Concerning these
rules, the following definitions are applicable unless otherwise
specified:
2.1.
AFFECTED POE: A permanent weigh station
that is identified within a Special Revocable Permit (SRP). An SRP may affect
more than one POE weigh station.
2.2.
ALTERNATIVE
FUEL: Includes Compressed Natural Gas (CNG), propane,
ethanol, or any mixture of ethanol containing 85% or more ethanol by volume
with gasoline, electricity, or other fuels, including clean diesel and
reformulated gasoline so long as these other fuels make comparable reductions
in carbon monoxide emissions and brown cloud pollutants as determined by the
air quality control commission.
2.3.
APPURTENANCE: A non-cargo bearing piece
of equipment that is affixed or attached to a motor vehicle or trailer and is
used for a specific purpose or task. Includes awnings, support hardware, and
retractable equipment. Does not include any item or equipment that is
temporarily affixed or attached to the exterior of a motor vehicle to transport
such vehicle.
2.4.
CARGO: The goods carried as freight by a
commercial vehicle.
2.5.
CDOR: Colorado Department of
Revenue.
2.6.
CDOT: Colorado Department of
Transportation.
2.7.
CDPS: Colorado Department of Public
Safety.
2.8.
CHIEF: The Chief of the Colorado State
Patrol, or his or her designees, unless otherwise specified.
2.9.
COMMERCIAL MOTOR
VEHICLE INFORMATION TECHNOLOGY (CMVIT): Technology and
deployments which enable the effective and accurate gathering of CMV-related
data through fixed, mobile, and virtual weighing operations.
2.10.
COOPR: The CDOT Colorado
Oversize/Overweight Permitting and Routing system.
2.11.
CSP: Colorado State Patrol.
2.12.
GCW: Gross Combined Weight.
2.13.
GCWR: Gross Combined Weight
Rating.
2.14.
GVW: Gross Vehicle Weight.
2.15.
GVWR: Gross Vehicle Weight
Rating.
2.16.
HIGH-RISK MOTOR CARRIER: A non-passenger
carrier that:
2.16.1. Has a ranking at or
above the 90th percentile in the unsafe driving, hours of service (HOS)
compliance, vehicle maintenance, or crash indicator Behavior Analysis Safety
Improvement Categories (collectively referred to as "BASICs") for two or more
consecutive months as reported by information received by the FMCSA;
and
2.16.2. Has not received an
onsite investigation in the previous 18 months for property-carrying motor
carriers or in the previous 12 months for passenger-carrying motor
carriers.
2.17.
OVER-THE-ROAD BUS: A bus characterized by
an elevated passenger deck located over a baggage compartment and typically
operated on the interstate highway system or on roads previously designated as
making up the federal-aid primary system.
2.18.
PERMIT
HOLDER: A carrier, owner, or operator to whom a permit is
issued is a permit holder. Permit holders are responsible for any violations
received by vehicle operators who operate vehicles affected by a permit on
behalf of the permit holder.
2.19.
PORT OF ENTRY (POE) OFFICER: A law
enforcement officer and a uniformed member of the CSP who is not a trooper nor
a civilian member. The scope of authority and the duties of a POE officer are
described within §
42-8-104(2), CRS,
and also as discussed within these rules.
2.20.
PROBATIONARY SPECIAL
REVOCABLE PERMIT: An SRP that may be issued for a period of
12 months or less to a carrier, owner, or operator who is:
2.20.1. Determined an eligible, but
unsatisfactory SRP applicant following review of their application, and
violation, safety, and/or port clearance records; or
2.20.2. An SRP permit holder applying for a
new SRP following the revocation of a prior SRP.
2.21.
REGULARLY SCHEDULED
ROUTE: A route provided to the CSP POE by an applicant for
an SRP. Factors considered in whether the route traveled by an SRP applicant is
regular include times or places of repeated normal departure, arrival,
delivery, and/or loading activity. To be eligible for an SRP, a regularly
scheduled route provided by an applicant to the CSP POE must come within five
(5) road miles of a permanent weigh station not directly located or along the
regular route provided.
2.22.
SINGLE AXLE: All wheels, whose centers
may be included within two (2)-parallel transverse vertical planes not more
than 40 inches apart, extending across the full width of the vehicle.
2.23.
SINGLE AXLE
WEIGHT: The total weight transmitted to the road by all
wheels whose centers may be included between two (2) parallel transverse
vertical planes not more than 40 inches apart, extending across the full width
of the vehicle.
2.24.
SPECIAL REVOCABLE PERMIT (SRP): Waives
the requirement of §
42-8-105(1), CRS,
for a period of 36 months or less to seek and obtain clearance at a POE weigh
station that is not directly located on a carrier's or operator's regularly
scheduled route. Eligibility for an SRP is based, partly, on the applicant's or
permit holder's safety record and "BASICs" scores reported by the Federal Motor
Carrier Safety Administration (FMCSA).
2.25.
SPECIALIZED
AUTOMOBILE TRANSPORTER: A stinger-steered vehicle
combination consistent with the definition provided within §
42-4-504 (4.5) (C) (3), CRS,
designed and used specifically for the transport of assembled highway vehicles,
including truck camper units. A specialized automobile transporter is designed
to carry vehicles on the power unit behind the cab or an over-cab
rack.
2.26.
TANDEM AXLE: Two or more consecutive
axles, the centers of which may be included between parallel vertical planes,
spaced more than 40 inches and not more than 96 inches apart, extending across
the full width of the vehicle, all of which are in contact with the ground.
2.26.1. If only one of a set of multiple
axles of a motor vehicle is in contact with the ground, the configuration is
not a tandem axle until it is used as such.
2.27.
TANDEM AXLE
WEIGHT: The total weight transmitted to the road by two (2)
or more consecutive axles whose centers may be included between parallel
transverse vertical planes spaced more than 40 inches and not more than 96
inches apart, extending across the full width of the vehicle.
POE 3 PORT OF ENTRY OPERATIONS AND
AUTHORITY
3.1.
DELEGATION OF AUTHORITY. Delegation of
any authority held by the CSP POE Branch Director relevant to POE operations
will conform with CSP and CDPS policies.
3.2.
PERMANENT AND MOBILE
POE OPERATIONS. The Chief authorizes the establishment and
operation of permanent POE weigh stations. The Chief will also authorize the
establishment and operation of mobile POE operations.
3.2.1. Permanent POE weigh stations will be
established and operated at such points along public highways of this state as
are determined necessary.
3.2.2.
The location or relocation of permanent weigh stations will be determined by
the Chief.
3.2.3. All permanent POE
weigh stations will be operated at times determined by the Chief to reasonably
allow owners and operators of motor vehicles subject to fees, licenses, taxes,
or to rules imposed by the state of Colorado to comply with all such laws and
rules by clearance at a POE weigh station.
3.2.4. Mobile POE weigh stations will be
established and operated at such points along public highways of this state as
are determined to be necessary.
3.2.4.1.
Mobile POE weigh stations will post signs giving notice of their operations.
This notice will inform owners and operators of vehicles required to stop and
obtain clearance of their need to clear the mobile weigh station.
3.2.5. Mobile POE weigh stations
have the same duties and authority as permanent POE weigh stations.
3.3.
AUTHORITY
OF POE OFFICERS. A POE officer, during the time he or she
is engaged in performing his or her duties and while acting under proper orders
or rules issued by the Chief will have and exercise all powers invested in
peace officers in connection with the direction of traffic and the enforcement
of §
42-8-101, et al., CRS; Articles
2,
3, and
20 of Title
42, CRS; §
42-4-501, et al., CRS; §
42-4-209, CRS; §
42-4-225 (1.5), CRS; §
42-4-235, CRS; §
42-4-1407, CRS; §
42-4-1409, CRS; and §
42-4-1414, CRS.
3.3.1.
DETENTION OF
OPERATORS, VEHICLES, AND VEHICLE IMPOUND. Within the scope
of their authority, POE officers may restrain or detain persons and/or
vehicles, impound vehicles or collect outstanding taxes on behalf of the state
of Colorado.
3.3.1.1. POE officers may also
restrain or detain persons and/or vehicles, impound vehicles, or collect
outstanding taxes in response to a lawful request from any other law
enforcement agency recognized by this state.
3.3.1.2. An agency requesting detention must
provide sufficient verifiable information that can be reliably used to identify
the person or vehicle to be restrained, detained, or impounded, in addition to
providing a reasonable basis by rule of law for the detention, restraint, or
impoundment.
3.3.1.3. Information
supplied by a requesting agency for the detention or impoundment of any person
or vehicle may be communicated verbally or in writing, and must include:
3.3.1.3.1. The name of the agency requesting
the detention or impoundment;
3.3.1.3.2. The name of the agency official
requesting the detention or impoundment;
3.3.1.3.3. The rule of law that is being
violated or suspected of being violated; and
3.3.1.3.4. The maximum time that a vehicle or
operator is to be detained.
3.3.1.4. Motor vehicles detained or impounded
by POE officers at the request of the DOR may be released promptly upon:
3.3.1.4.1. Payment of taxes and fees
due;
3.3.1.4.2. Making a deposit
sufficient to pay the same in full, after proper computations and adjustments
have been made; or
3.3.1.4.3.
Request of DOR.
3.3.1.5.
The cargo of any impounded vehicle may be transferred to any properly licensed
and qualified motor vehicle and permitted to proceed.
POE 4. REGULATIONS
4.1.
POE CLEARANCE AND THE
DUTY TO STOP AND WEIGH. Owners or operators of motor
vehicles required to obtain clearance from the CSP POE under §
42-8-105(1), CRS,
include:
4.1.1. Owners or operators of motor
vehicles that are subject to payment of registration fees according to §
42-3-306(5) (b),
CRS;
4.1.2. Owners or operators of
motor vehicles displaying apportioned or GVW license plates; or
4.1.3. Owners or operators of motor vehicles
or motor vehicle combinations having a GVWR or GCWR over 26,000 lbs.
4.1.4. Owners or operators of motor vehicles
may obtain required clearance by:
4.1.4.1.
Securing a valid clearance from a CSP officer or POE weigh station before
operating or causing the operation of the vehicle or combination of vehicles on
the public highways of this state.
4.1.4.1.1.
CMVIT may facilitate the collection of commercial motor vehicle data at
physical, mobile, or virtual weigh stations where available and authorized to
do so. Data collected through virtual operations will not be used to directly
enforce statutory commercial motor vehicle clearance requirements.
4.1.4.2. Obtaining clearance from
the first POE weigh station located within five (5) road miles of the route
that the owner or operator would normally follow from their point of departure
to the point of destination if a previous clearance or SRP has not been
secured. To be valid, clearance must occur before arriving at the point of
destination and before removing the load from the motor vehicle.
4.1.4.2.1. The route that a reasonable
commercial vehicle owner or operator would take from the same points of
departure and destination is considered to be the "route that an owner or
operator would normally follow."
4.1.4.3. Any owner or operator violates
§
42-8-105, CRS, if they fail to
seek out a permanent POE weigh station that is located within five (5) road
miles of the route that the owner or operator would normally follow.
4.1.5. Every owner or operator of
a motor vehicle required to obtain clearance must stop at every POE weigh
station located within five (5) road miles of their route of travel.
4.1.5.1. Vehicles with a seating capacity of
14 or more passengers registered under the requirements of §§
42-3-304(13) or
42-3-306(2) (c)
(I), CRS, are not required to secure a valid
clearance.
4.2.
VEHICLE WEIGHT
REQUIREMENTS- WHEEL AND AXLE LOADS. Vehicles having a
single drive-axle configuration and equipped with pneumatic tires are not
subject to the axle weight limitations set forth within §
42-4-507(2) (b),
CRS, and may operate in excess of 20,000 lbs. axle weight when:
4.2.1. The single-drive-axle vehicle is
equipped with a self-compactor; and
4.2.2. Is used solely for the transporting of
trash.
4.2.3. Vehicles equipped
with, but not using a tandem drive-axle configuration, will not be permitted to
operate over an axle weight of 20,000 lbs. and must comply with the axle weight
limitations set forth within §
42-4-507(2) (B),
CRS.
4.3.
AUXILIARY POWER UNITS (APU) AND IDLE REDUCTION TECHNOLOGY
UNITS. Any vehicle that uses an APU or idle reduction
technology unit to reduce fuel use and emissions resulting from engine idling
will have the actual weight of the APU or idle reduction technology unit
exempted from the calculation of the actual axle and GVW, up to 550 lbs. To be
eligible for this weight exemption, the operator of the vehicle must provide:
4.3.1. Written certification of the actual
weight of the APU or idle reduction technology unit; and
4.3.2. Written certification or demonstration
that confirms the idle reduction technology unit is fully functional at all
times.
4.4.
BUSES. Any over-the-road bus, or any
vehicle which is regularly and exclusively used as an intrastate public agency
transit passenger bus, is exempted from compliance with the axle limits set
forth within §
42-4-507(2) (b),
CRS.
4.5.
GROSS
VEHICLE WEIGHT (GVW)- DETERMINATION OF GVW. The legal GVW
or GCW limit for any vehicle or combination of vehicles specified within §
42-4-508(1), CRS,
will be determined by the actual number of axles in contact with the road
surface and the applicable Bridge Weight Formula.
4.5.1. Except where otherwise provided by
§§
42-4-508 or
42-4-510, CRS, vehicles or vehicle
combinations operating on any highway or bridge that is part of the national
system of interstate and defense highways (otherwise known as the interstate
highway system) must:
4.5.1.1. Have their
total weight distributed so that no axle exceeds the legal axle weight limit
for the highway traveled;
4.5.1.2.
Comply with the federal bridge formula set forth within §
42-4-508(1) (c),
CRS; and
4.5.1.3. Not exceed a
maximum of 80,000 lbs. in the calculation of the federal bridge formula.
4.5.1.3.1. Natural gas alternative fuel
system vehicles may operate up to a GVW of 82,000 lbs., as is consistent with
applicable state law, the exemption set forth within
23 USC 127
(S), and FHWA guidance regarding natural gas
alternative fuel system vehicles.
4.5.1.3.2. Alternative fuel vehicles not
operating natural gas systems may operate up to a maximum GVW of 80,000 lbs.,
consistent with §§
42-4-508 (1.5),
25-7-106.8, and
25-7-139, CRS.
4.5.2. Except where
otherwise provided by §§
42-4-508 or
42-4-510, CRS, vehicles or vehicle
combinations operating on any highway other than a highway identified as part
of the interstate highway system must:
4.5.2.1. Have their total weight distributed
so that no axle exceeds the legal axle weight limit for the highway
traveled;
4.5.2.2. Comply with the
state bridge formula set forth within §
42-4-508(1) (b),
CRS; and
4.5.2.3. Not exceed a
maximum of 85,000 lbs. in the calculation of the state bridge
formula.
4.6.
VEHICLE-WIDTH- MEASUREMENT OF COMMERCIAL MOTOR VEHICLE
WIDTH. Vehicle width will be measured from the point
farthest from the center of the motor vehicle or a combination of motor
vehicles on each side of the vehicle or a combination of vehicles.
4.6.1. Vehicle components not excluded by law
or regulation are included in the measurement of commercial motor vehicle
width. Components that are excluded from the measured width of a commercial
motor vehicle include, but are not limited to:
4.6.1.1. Rear view mirrors, turn signal
lamps, handholds for cab entry/egress, splash and spray suppressant devices,
load-induced tire bulge; and
4.6.1.2. All non-property-carrying devices,
or components thereof, that do not extend more than three (3) inches beyond
each side of the vehicle.
4.7.
VEHICLE LENGTH-
MEASUREMENT OF COMMERCIAL MOTOR VEHICLE LENGTH. Vehicle
length is generally measured from the front-most fixed point (generally the
front bumper) to the rear-most fixed point (generally where the brake lights
are located).
4.7.1. Any permanently mounted
appurtenance that extends beyond the front or rear of the vehicle to which it
is mounted becomes part of the vehicle. A permanently mounted appurtenance is
included in the overall measurement of vehicle length.
4.7.2. Vehicle components not excluded by law
or regulation will be included in the measurement of the length of commercial
motor vehicles. Components that are excluded from the measured length of a
commercial motor vehicle include, but will not be limited to:
4.7.2.1. Rear view mirrors, turn signal
lamps, handholds for entry/egress, splash and spray suppressant
devices;
4.7.2.2. All
non-property-carrying devices, or components thereof that do not exceed 24
inches beyond the rear of the vehicle as stated within
23 CFR
658.16;
4.7.2.3. Resilient bumpers that do not extend
more than six (6) inches beyond the front or rear of the vehicle;
4.7.2.4. Lamps or flags on projecting loads
in use consistent with §
42-4-209, CRS, or devices exempted
from length are not considered a projection or overhang.
4.7.3.
LENGTH MEASUREMENT
OF SPECIALIZED AUTOMOBILE TRANSPORTERS. The overall length
measurement of a specialized automobile transporter is calculated exclusive of:
4.7.3.1. Front and rear cargo
overhang;
4.7.3.2. Safety devices
not designed or used for carrying cargo; and
4.7.3.3. Any extension device (ramp or
"flippers") that may be used for loading beyond the extreme front or rear end
of a vehicle or combination of vehicles.
4.7.3.3.1. Extendable ramps or "flippers" on
specialized automobile transporters that have not been retracted and are not
supporting vehicles will be included in the measurement of vehicle
length.
4.7.4.
MEASUREMENT OF
TRAILERS- TRAILER DRAWBAR OR TONGUE LENGTH.
4.7.4.1. Where the trailer drawbar or tongue
is of rigid construction, the measurement will be taken from the rear-most
point of the power unit's cargo box to the front-most point of the trailer's
mainframe.
4.7.4.2. Where the
trailer drawbar is hinged, the measurement will be taken from the rear-most of
the power unit's cargo box to the front-most point of the drawbar
hinge.
4.7.4.3. A tool or accessory
box that is welded or attached to the trailer drawbar or tongue is not included
in the calculation of a trailer's drawbar or tongue length.
4.7.4.4 A trailer drawbar may not
exceed 15 feet between two (2) vehicle units except when:
4.7.4.4.1. The connection is between any two
(2) vehicles transporting poles, pipe, machinery, or other objects of a
structural nature that cannot be readily dismembered; or
4.7.4.4.2. Connections between vehicles are
of rigid construction and are included as part of the structural design of the
towed vehicle, and the overall combined length of the vehicles and the
connection does not exceed 55 feet.
4.7.4.5. Adjustable pole trailers that are
primarily designed for the transportation of cargo must have the connection
between vehicles reduced to 15 feet or less when operating without cargo if the
overall vehicle combination exceeds 55 feet.
4.8.
VEHICLE
HEIGHT. Maximum height limits are as designated by the CDOT
and are available online from the CDOT Freight Mobility & Safety website,
HTTPS://FREIGHT.COLORADO.GOV,
by selecting route planning and maps.
4.8.1.
Vehicles, laden or unladen, must not exceed a height of 14 feet six inches and
must be operated in compliance with §
42-4-504(1),
CRS.
4.9.
USE OF CMVIT CONCERNING CMV SIZE AND
WEIGHT. CMVIT may facilitate the identification of
potential size, weight, and permit violations of commercial motor vehicles in
Colorado where available and authorized to do so. CMVIT will not be used to
directly enforce size, weight, or permit state statutes or federal
regulations.
POE 5 PERMITS.
5.1.
SPECIAL REVOCABLE
PERMITS (SRP). An SRP may be issued to an owner or operator
of any vehicle being operated over a regularly scheduled route within five (5)
road miles of a permanent POE weigh station according to §
42-8-105(1), CRS.
5.1.1. An SRP waives the requirement that an
owner or operator seek out and secure valid clearance at a permanent POE that
is located within five (5) road miles of an identified regularly scheduled
route.
5.1.2. The use or issuance
of any SRP is contingent upon an applicant's or permit holder's compliance with
any applicable rules, laws (federal, state, county, and local), and the
requirements set forth within these rules.
5.2.
APPLICATION FOR
SRP. An application for an SRP is made by completing and
submitting an application to the CSP POE Branch.
5.2.1. SRP applications are provided by the
CSP POE Branch upon request, online, and may also be submitted to the CSP POE
Branch online through the COOPR website.
5.2.2. The CSP POE Branch will collect any
information identified as necessary to determine an applicant's eligibility for
an SRP. Information necessary to determine an applicant's eligibility includes:
5.2.2.1. The legal name of the applicant and
the name under which the applicant conducts business, if applicable;
5.2.2.2. The physical and mailing addresses
of the applicant;
5.2.2.3. The
USDOT# assigned to and used by the applicant;
5.2.2.4. The number of vehicles proposed to
be subject to the SRP if it is issued and the VINs for each vehicle;
5.2.2.5. The POE weigh station location(s)
the applicant would like the SRP to affect;
5.2.2.6. The name and signature of the person
submitting the SRP application on behalf of the applicant; and
5.2.2.7. A detailed description of the
applicant's regularly scheduled route. This description should, at minimum,
identify the points of origin and destination(s) for the route.
5.2.2.8. If the information initially
provided by the applicant is insufficient, additional information will be
requested.
5.3.
SRP
APPROVAL. When an application for an SRP is approved, the
SRP will be issued by the CSP POE Branch upon the recommendation and the
approval of the POE Director or designee.
5.3.1. Within its discretion, the CSP POE
Branch reserves the right to attach special conditions to the issuance of any
SRP where the CSP POE Branch determines that it is necessary or advisable to
include specific conditions beyond those generally applicable to SRP
use.
5.3.2. Any SRP issued to an
applicant/permit holder must be:
5.3.2.1.
Carried at all times in any authorized vehicle when being operated over the
approved regularly scheduled route; and
5.3.2.2. Available upon demand for inspection
by the CSP POE or any other state or law enforcement officer.
5.3.2.3. Electronic copies of the permit are
acceptable.
5.3.3. An
SRP issued to an eligible SRP applicant by the CSP POE Branch may be valid for
up to 36 months, except where an otherwise eligible applicant is determined
unsatisfactory following a review of their violation, safety, and/or port
clearance records.
5.3.3.1. Eligibility for an
SRP is based in part on the applicant's safety record and "BASICs" reported by
the FMCSA.
5.3.3.2. The number and
type of violation convictions received by drivers operating vehicles for the
applicant within the state of Colorado are considered when determining
applicant eligibility.
5.3.3.3. The
number of port clearances during the 12 months before the SRP application date
is relevant in determining eligibility.
5.3.3.4. The permit holder's compliance with
any previously issued SRP terms and conditions will factor into the decision to
issue any subsequent SRP to the applicant.
5.3.4. An SRP applicant determined to be an
unsatisfactory applicant may be eligible for a Probationary SRP where:
5.3.4.1. The applicant does not meet the
definition of a "High-Risk Motor Carrier"; or
5.3.4.2. The applicant meets the definition
of a "High-Risk Motor Carrier," but the applicant's Company Snapshot available
through the USDOT FMCSA Safety and Fitness Electronic Records (SAFER) System
website confirms a conditional or satisfactory rating for the
applicant.
5.3.5. An SRP
applicant who is issued a Probationary SRP:
5.3.5.1. Must demonstrate that corrective
actions are in progress or in place to maintain or improve SRP
eligibility.
5.3.5.2. May apply for
an SRP after the Probationary SRP period.
5.3.5.2.1. The permit holder's compliance
with the conditions of the Probationary SRP factor into the decision to issue
any subsequent SRP to the applicant.
5.3.5.2.2. An SRP applicant applying for an
SRP following the revocation of their prior SRP will first be eligible to apply
for a Probationary SRP.
5.3.6. An SRP:
5.3.6.1. Is not transferable from company to
company or between vehicles without prior approval of the CSP POE
Branch;
5.3.6.2. Does not affect
the right of any lawful authority to stop a vehicle to check for:
5.3.6.2.1. Operating credentials;
5.3.6.2.2. Applicable oversize or overweight
violations; or
5.3.6.2.3.
Violations of other motor vehicle laws.
5.3.6.3. Is valid only when used by an
authorized vehicle operating within the scope of the approved regularly
scheduled route.
5.3.7.
The CSP POE Branch will respond to all complete SRP applications with a
decision to either issue or deny an SRP within 7 calendar days of
receipt.
5.4.
DENIAL OF SRP. An application for an SRP
may be denied if:
5.4.1. The applicant has
failed to pay taxes or registration fees when due;
5.4.2. The applicant is subject to the
payment of recurrent distraint penalties as set forth within §
39-21-114(7),
CRS;
5.4.3. In the 12 months before
the SRP application date, any vehicle operator of the applicant demonstrates a
pattern of non-compliance with the duty to stop and weigh or the duty to obtain
clearance imposed by §§
42-4-509(3) and
42-8-105, CRS,
respectively;
5.4.4. In the 12
months before the SRP application date, any vehicle operator of the applicant
has been convicted of three (3) or more violations of size and weight
requirements as are set forth within §
42-4-501, et seq., CRS;
5.4.5. The applicant meets the definition of
a "High-Risk Motor Carrier" and the FMCSA SAFER Company Snapshot does not have
a carrier rating or has a rating of "unsatisfactory";
5.4.6. In the 12 months before the SRP
application date, violation convictions received by any vehicle operator of an
applicant demonstrate a pattern of non-compliance with applicable
laws;
5.4.7. Following suspension
or revocation of an SRP, vehicle operators of an applicant continue to violate
the laws that resulted in the suspension or revocation of the SRP;
5.4.8. The applicant has misused, or used
fraudulently, or has otherwise failed to comply with the conditions of any
previously issued valid permit or license;
5.4.9. The application for the SRP
misrepresents or provides inaccurate information regarding the regularly
scheduled route; or
5.4.10. A
request for additional information deemed necessary to consider the eligibility
of an SRP applicant by the CSP POE Branch is not responded to by the SRP
applicant within 30 calendar days.
5.4.10.1.
An applicant whose SRP application is denied due to the applicant's failure to
respond to a request from the CSP POE Branch to provide additional information
may resubmit their application without prejudice.
5.4.10.2. The CSP POE Branch will have 7
calendar days to respond to the resubmitted SRP application.
5.5.
PERMIT SUSPENSION AND REVOCATION. A
permit holder's SRP(s) may be suspended when:
5.5.1. A permit holder fails to pay taxes or
registration fees when due;
5.5.2.
A permit holder is subject to the payment of recurrent distraint penalties as
described within §
39-21-114(7),
CRS;
5.5.3. A permit holder used
the permit to evade any law;
5.5.4.
In a 12-month period during which an SRP has been issued, any vehicle operator
of a permit holder has been convicted of three (3) or more violations in a
vehicle assigned an SRP of the size and weight requirements of §
42-4-501, et seq., CRS;
5.5.5. In a 12-month period during which an
SRP has been issued, any vehicle operator of a permit holder demonstrates a
pattern of non-compliance with either the duties to stop and weigh or obtain
clearance as set forth within §§
42-4-509(3) and
42-8-105, CRS,
respectively;
5.5.6. In a 12-month
period during which an SRP has been issued, violation convictions received by
any vehicle operator for a permit holder demonstrate a pattern of
non-compliance with applicable laws;
5.5.7. Any authorized vehicle utilizing an
SRP does not obtain port clearance from the affected POE weigh station(s) at
least once per quarter during the period the SRP is valid;
5.5.7.1. The quarterly clearance requirement
cannot be satisfied using PrePass, Drivewyze, or any other electronic clearance
program.
5.5.8. The
approved regularly scheduled route for which an SRP is issued to a permit
holder is altered or discontinued;
5.5.9. A permit holder is identified as a
"High-Risk Motor Carrier" and their FMCSA SAFER Company Snapshot does not have
a carrier rating or reports an "unsatisfactory" carrier rating;
5.5.10. The permit holder violates any
conditions applicable to an SRP; or
5.5.11. The permit holder misuses any permit
or license.
5.6.
SRP REVOCATION. A permit holder's SRP(s)
may be revoked when:
5.6.1. A permit holder
who has been subject to SRP suspension continues to demonstrate a pattern of
non-compliance with applicable laws and rules;
5.6.2. A permit holder fails to comply with
the terms of any Probationary SRP; and/or
5.6.3. A permit holder fails to take any
steps as may be directed by the CSP POE Branch to improve or achieve compliance
within a prescribed period.
5.7.
SRP APPLICATION
DENIAL, SRP SUSPENSION, OR SRP REVOCATION BY WRITTEN
NOTICE. Denial, suspension, or revocation of any SRP will
be by written notice from the CSP POE Branch.
5.8.
RIGHT TO APPEAL SRP
APPLICATION OR PERMIT DENIAL, SUSPENSION, OR REVOCATION AND TO REQUEST A
HEARING. An applicant or permit holder may request a
hearing within 30 days of receiving written notice from the CSP POE Branch
denying, suspending, or revoking an SRP. Hearing requests by applicants or
permit holders appealing an SRP denial, suspension, or revocation must be:
5.8.1. Made in writing; and
5.8.2. Addressed to the Director of the CSP
POE Branch at 15075 S. Golden Rd., Golden, CO., 80401.
5.9.
HEARING AND
REVIEW. The POE Branch Director will hold the hearing.
5.9.1. The scope of the hearing will be
limited to whether the applicant or permit holder has complied with these
rules.
5.9.2. The POE Director will
issue a written decision within 20 business days of the completed hearing.
5.9.2.1. If the POE Director finds that
evidence of non-compliance and ineligibility is sufficient, the SRP application
denial, suspension, or revocation will be sustained.
5.9.2.2. If the POE Director finds that
evidence of compliance and ineligibility is insufficient, the SRP application
denial, suspension, or revocation will be immediately overturned and the SRP or
previous SRPs will be issued or reinstated.
5.9.2.3. If the POE Director finds that
evidence of non-compliance and ineligibility is insufficient to support
application denial, permit suspension, or revocation but is sufficient to find
an SRP applicant or permit holder to be unsatisfactory under these rules, it is
within the discretion of the Director to issue or reinstate any SRP as a
Probationary SRP for a period not to exceed one (1) year.
5.9.3. The decision by the Director will
constitute a final agency action and is subject to judicial review as described
by §
24-4-106, CRS.
POE 6 INQUIRIES, PUBLICATIONS, AND
SEVERABILITY.
6.1.
RULE INQUIRIES.All contact with the CSP POE
Branch about these rules or their applicability should be addressed to the:
Colorado State Patrol Port of Entry Branch
15075 S. Golden Rd., Golden, CO., 80401
(303) 273-1870 (Main Phone)
(303) 278-2434 (Fax)
6.2.
PUBLICATIONS. All publications,
standards, or guidelines adopted and incorporated by reference in these rules
are on file with and available upon request for public examination at any state
publication depository library as required by §
24-4-103 (12.5), CRS. Inspection
by contacting the CSP POE Branch at 15075 S. Golden Rd., Golden, CO.,
80401-3990. These rules are available online through the CDPS Rulemaking
website at
HTTPS://PUBLICSAFETY.COLORADO.GOV/GET-INVOLVED/RULES-AND-REGULATIONS.
6.2.1. All publications, standards, or
guidelines adopted and incorporated by reference in these rules will be
provided and made available for examination at any state publication depository
library as required by §
24-4-103 (12.5), CRS. The
following publication(s), standard(s), and guideline(s) have been referenced
within these rules in accordance with §
24-4-103 (12.5), CRS:
6.2.2. The CSP POE Branch will
maintain copies of the complete texts of the aforementioned publications,
standards, guidelines, and rules and will make them available for public
inspection during regular business hours. Interested parties may access 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 CSP Central Records Unit (CRU) at 700 Kipling
St., Lakewood, CO., 80215. Copies of the adopted publications, standards,
guidelines, and rules may also be available from the organization(s) of their
original issue:
6.2.2.1. United States
Department of Transportation, 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.
6.2.3. These rules do not include later
amendments to or editions of any publications, standards, guidelines, or rules
incorporated by reference.
6.3.
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.
04/30/2013.
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 IV.C.1.a, V.A.3 eff. 03/17/2018. Rules
II.A.3, II.A.5, II.A.13, III.B.1, III.C.2.b.ii-iii, V.A.3.c, V.A.3.f.i, V.A.4,
V.A.6.b.2, V.A.6.c, VI eff. 03/17/2019.
Rules II.A.5-17, IV.B.1.a,
IV.F, V.A.2, V.A.3.b.iii, VI.B eff. 04/01/2020.
Entire rule eff.
04/01/2021.
Entire rule eff. 04/01/2022.
Entire rule
eff. 03/31/2023.
