The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the
degree of compliance with state laws and local ordinances relating to the operation
of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages
in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon
compliance with laws and ordinances relating to the operation of motor vehicles, in
whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles by their operators in
each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility
therefor more just and equitable by considering the over-all compliance with motor
vehicle laws, ordinances and administrative rules and regulations as a condition
precedent to the continuance or issuance of any license by reason of which the
licensee is authorized or permitted to operate a motor vehicle in any of the party
states.
ARTICLE II
Definitions
As used in this compact:
(a) State means a state, territory or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(b) Home state means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) Conviction means a conviction of any offense related to the use or
operation of a motor vehicle which is prohibited by state law, municipal ordinance or
administrative rule or regulation, or a forfeiture of bail, bond or other security
deposited to secure appearance by a person charged with having committed any
such offense, and which conviction or forfeiture is required to be reported to the
licensing authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report each conviction of a
person from another party state occurring within its jurisdiction to the licensing
authority of the home state of the licensee. Such report shall clearly identify the
person convicted; describe the violation specifying the section of the statute, code
or ordinance violated; identify the court in which action was taken; indicate whether
a plea of guilty or not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond or other security; and shall include any special findings
made in connection therewith.
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension,
revocation or limitation of the license to operate a motor vehicle, shall give the
same effect to the offense reported, pursuant to Article III of this compact, as it
would if such offense had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a
motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or
a narcotic drug or under the influence of any other drug to a degree which renders
the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident
resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the licensing
authority in the home state shall give such effect to the offense as is provided by
the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations
denominated or described in precisely the words employed in subdivision (a) of this
article, such party state shall construe the denominations and descriptions
appearing in subdivision (a) hereof as being applicable to and identifying those
offenses or violations of a substantially similar nature, and the laws of such party
state shall contain such provisions as may be necessary to ensure that full force
and effect is given to this article.
ARTICLE V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state
shall ascertain whether the applicant has ever held, or is the holder of a license to
drive issued by any other party state. The licensing authority in the state where
application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended
by reason, in whole or in part, of a conviction for a violation and if such suspension
period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by
reason, in whole or in part, of a conviction for a violation and if such revocation has
not terminated, except that after the expiration of one year from the date the
license was revoked, such person may make application for a new license if
permitted by Colorado law. The licensing authority may refuse to issue a license to
any such applicant if, after investigation, the licensing authority determines that it
will not be safe to grant to such person the privilege of driving a motor vehicle on
the public highways.
(3) The applicant is the holder of a license to drive issued by another party
state and currently in force unless the applicant surrenders such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party to apply any of
its other laws relating to licenses to drive to any person or circumstance, nor to
invalidate or prevent any driver license agreement or other cooperative
arrangement between a party state and a nonparty state.
ARTICLE VII
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state shall be the
administrator of this compact for his state. The administrators, acting jointly, shall
have the power to formulate all necessary and proper procedures for the exchange
of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of
each other party state any information or documents reasonably necessary to
facilitate the administration of this compact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state
when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until six months after
the executive head of the withdrawing state has given notice of the withdrawal to
the executive heads of all other party states. No withdrawal shall affect the validity
or applicability by the licensing authorities of states remaining party to the
compact of any report of conviction occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the constitution
of any party state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.