Code of Colorado Regulations
600 - Department of Transportation
601 - Transportation Commission and Office of Transportation Safety
2 CCR 601-8 - RULES GOVERNING THE USE OF TUNNELS ON COLORADO STATE HIGHWAYS

Statement of Basis and Purpose and Statutory Authority

The Transportation Commission has revised the Rules Governing the Use of tunnels on State Highways in order to update state and federal statutory references, clarify and simplify language, and provide an easily understandable guide for use of the tunnels on state highways and specifically the Eisenhower-Johnson Memorial Tunnels. Section 42-4-106(7)(a), C.R.S., provides the Transportation Commission with authority to adopt rules concerning the operation of any motor vehicle and commercial vehicle in any tunnel which is a part of the state highway system. Pursuant to § 42-4-106(7)(b), C.R.S., the Department may prohibit or regulate the operation of any motor vehicle and commercial vehicle which transports any article, deemed to be dangerous, in any tunnel which is part of the state highway system. Further, § 42-20-301(3), C.R.S., provides authority to the Transportation Commission to regulate hours of operation of the Eisenhower-Johnson Memorial Tunnels on Interstate 70.

These rules shall be interpreted consistently with the requirements of Title 49 CFR parts 100 to 177. Additionally, these rules should be read together with 8 CCR 1507-25"Rules and Regulations Concerning the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado." These rules are promulgated by the Department of Public Safety, Chief of the Colorado State Patrol pursuant to § 42-20-108(1) and (2), C.R.S. These rules also regulate the safe transportation of nuclear materials by motor vehicle within the State of Colorado pursuant to

§ §42-20-403, 504 and 508, C.R.S., and exempt agricultural products from the rules pursuant to § 42-20-108.5, C.R.S.

The transport of hazardous materials is strictly governed by federal and state regulations and CDOT must adhere to these legal requirements. CDOT's Rules 3.03 and 3.04 are based on federal regulations which CDOT has no authority to modify.

Applicability.These rules apply to all Commercial Vehicles, Motor Vehicles and Persons utilizing the tunnels under the Colorado Department of Transportation's jurisdiction.

Entire rule eff. 09/30/2008.
Entire rule emer. rule eff. 01/16/2014; expired 05/16/2014.
Entire rule eff. 06/30/2014.