Code of Colorado Regulations
200 - Department of Revenue
204 - Division of Motor Vehicles
1 CCR 204-30 - DRIVER LICENSE-DRIVER CONTROL
2 - INTERSTATE DRIVER LICENSE COMPACT RULE
Universal Citation: 1 CO Code Regs 204-30 ยง 2
Current through Register Vol. 47, No. 5, March 10, 2024
Basis: This rule is promulgated pursuant to sections 24-4-104, 24-60-1101 et seq., 42-1-204, 42-2-202, C.R.S.
Purpose: The purpose of this rule is to clarify the administrative procedures related to the Driver License Compact when a driver is applying for a license in Colorado.
1. DEFINITIONS:
1.1 "DMV" means the Department of Revenue,
Division of Motor Vehicles for the state of Colorado.
1.2 "Habitual Traffic Offender (HTO)" has the
same meaning as set forth in
42-2-202, Colorado Revised
Statutes.
1.3 "National Driver
Register (NDR)" is a nationwide file of information provided voluntarily by the
States on drivers with licensing sanctions for drunk driving and other serious
traffic violations, that provides State licensing officials with a central
index; administered by the Department of Transportation's National Highway
Traffic Safety Administration.
1.4
"Not Eligible Result" is a result transmitted through the Problem Driver
Pointer System (PDPS) to inform the inquiring state that an applicant's driver
license has been withdrawn in a party state or has active withdrawals on their
driving record in another state.
1.5 "Party State" means a state that has
enacted the Driver License Compact into law and is recognized by the American
Association of Motor Vehicle Administrators as a participating state.
1.6 "Persistent Drunk Driver (PDD)" has the
same meaning as set forth in
42-1-102 (68.5), Colorado Revised
Statutes.
1.7 "Problem Driver
Pointer System (PDPS)" is a computerized subsystem of the National Driver
Register that allows jurisdictions and other organizations to search an
applicant's driver status and history to determine if an individual's privilege
to operate a motor vehicle has been revoked, suspended, canceled, or denied, or
if the applicant has been convicted of certain serious traffic related
offenses. Based on the information in the PDPS, received from the state of
record (SOR), the inquiring state decides if the applicant is eligible to
receive a new or renewed driver license.
1.8 "Restraint" means any denial,
cancellation, revocation, or suspension of a person's license or privilege to
drive a motor vehicle.
2. LICENSING OF DRIVERS CURRENTLY SUSPENDED OR REVOKED IN A PARTY STATE
2.1. Whenever the DMV receives a driver
license application from a person under restraint in a party state and a "Not
Eligible" result is received from the PDPS National Driver Registry, the DMV
shall issue a notice of out of state restraint that the application for a
Colorado license or instruction permit cannot be processed until the "Not
Eligible" result is cleared. The notice shall identify the state(s) where the
applicant's privilege is under restraint and that the applicant may contact the
party state for more information, or to request a letter of clearance from the
state with the restraint. The applicant may make a written request to review
the "Not Eligible" result.
2.2.
Upon receipt of a written request for review, the DMV will request the
applicant's party state driving record for analysis. DMV shall calculate the
reinstatement eligibility date as if the offense had occurred in Colorado.
a. In calculating reinstatement eligibility,
the DMV shall credit the length of time spent under the party state's restraint
to the period of suspension or revocation pursuant to Colorado law.
b. If the calculated reinstatement
eligibility date has passed, the applicant shall be eligible to apply for a
Colorado driver's license or instruction permit upon the completion of all
required reinstatement conditions.
c. If the calculated reinstatement
eligibility date is a date in the future, the applicant will not be eligible to
apply for the Colorado license or instruction permit until that future date and
will be issued a notice of denial.
2.3. If an applicant is not eligible under
Colorado law for reinstatement, based on a restraint in a party state, then the
applicant is also not eligible for any limited driving privilege, such as a
probationary or temporary license and shall be issued a notice of
denial.
2.4. In no event shall a
Colorado driver's license or instruction permit be issued to any applicant if
the period from the imposition of a revocation by a party state is less than
one year, nor may a driver license be issued if the period of suspension
imposed by a party state has not terminated.
2.5. If the restraint is from a state that
does not participate in the Driver's License Compact, a Colorado driver's
license or instruction permit may only be obtained once the non-party state
shows an "eligible" status on the PDPS.
2.6. Any applicant who disagrees with the
DMV's analysis and license requirements based upon the existing revocation or
suspension of their license in another party state may request a hearing within
60 days from the date of denial.
3. DEPARTMENT HEARING FOR DENIAL OF LICENSE UNDER RESTRAINT
3.1 An
applicant who has received a notice of denial may, within 60 days of the date
of the notice of denial, request a hearing on the denial by filing a written
request for hearing with the Hearings Section of the Department.
3.2 Hearings shall be held in accordance with
the provisions of the State Administrative Procedure Act, and the provisions of
Title 42 and 24 of the Colorado Revised Statutes.
3.3 The only issue at a hearing shall be
whether the applicant has satisfied federal and state requirements for the
issuance of a Driver License.
3.4
The hearing officer shall issue a written decision. If the hearing officer
finds that the applicant has not satisfied federal and state requirements for
the issuance of a driver license, then the denial shall be sustained. If the
hearing officer finds that the applicant has satisfied requirements for the
issuance of a Driver License, the denial shall be rescinded and the Department
shall issue a Colorado driver license.
3.5 The hearing officer's decision shall
constitute final agency action, and is subject to judicial review as provided
by section
24-4-106,
C.R.S.
4. CLEARANCE FROM A PARTY STATE
4.1. If at the time
of application the applicant presents a reinstatement order, letter of
clearance, or a no match letter from the party state for the restraint in
question, the application for a Colorado driver license shall be
processed.
5. EFFECT OF CONVICTIONS IN OTHER STATES
5.1 Whenever the DMV receives a conviction
from another state for a Colorado licensed driver, the conviction will be
posted to the driver's record.
5.2
Convictions occurring in another state while licensed as a Colorado driver
shall have the same effect as though the conviction had occurred in Colorado
except that, there will not be points assessed against the driver's record
pursuant to C.R.S.
24-60-1105.
5.3 Drivers moving into Colorado will
whenever possible have their previous driving history applied to the Colorado
record.
5.4 Subsequent violations
occurring after the Colorado record is created will be evaluated against the
driver's history for the purpose of determining whether additional action or
other designations such as Persistent Drunk Driver or Habitual Traffic Offender
statuses should be applied to the driver's record.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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