§ 24-60-2101 — Compact approved and ratified

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, Declaration of Policy, and Purpose

(a) The party jurisdictions find that:

(1) In most instances, a motorist who is cited for a traffic violation in a
jurisdiction other than his home jurisdiction:

(i) Must post collateral or bond to secure appearance for trial at a later date;
or

(ii) If unable to post collateral or bond, is taken into custody until the
collateral or bond is posted; or

(iii) Is taken directly to court for his trial to be held.

(2) In some instances, the motorist's driver's license may be deposited as
collateral to be returned after he has complied with the terms of the citation.

(3) The purpose of the practices described in paragraphs (1) and (2) above is
to ensure compliance with the terms of a traffic citation by the motorist who, if
permitted to continue on his way after receiving the traffic citation, could return to
his home jurisdiction and disregard his duty under the terms of the traffic citation.

(4) A motorist receiving a traffic citation in his home jurisdiction is permitted,
except for certain violations, to accept the citation from the officer at the scene of
the violation and to immediately continue on his way after promising or being
instructed to comply with the terms of the citation.

(5) The practice described in paragraph (1) above causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at the time to
post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to
remain in custody until some arrangement can be made.

(6) The deposit of a driver's license as a bail bond, as described in paragraph
(2) above, is viewed with disfavor.

(7) The practices described herein consume an undue amount of law
enforcement time.

(b) It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances, and administrative rules and
regulations relating to the operation of motor vehicles in each of the jurisdictions.

(2) Allow motorists to accept a traffic citation for certain violations and
proceed on their way without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.

(3) Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one jurisdiction to
a resident of another jurisdiction.

(4) Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party jurisdictions may participate in a
reciprocal program to effectuate the policies enumerated in paragraph (b) above in
a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due process and
the sovereign status of a party jurisdiction.

ARTICLE II

Definitions

As used in this compact, unless the context requires otherwise:

(a) Citation means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires the
motorist to respond.

(b) Collateral means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation for a
traffic violation.

(c) Compliance means the act of answering a citation, summons or
subpoena through appearance at court, a tribunal, and/or payment of fines and
costs.

(d) Court means a court of law or traffic tribunal.

(e) Driver's license means any license or privilege to operate a motor
vehicle issued under the laws of the home jurisdiction.

(f) Home jurisdiction means the jurisdiction that issued the driver's license
of the traffic violator.

(g) Issuing jurisdiction means the jurisdiction in which the traffic citation
was issued to the motorist.

(h) Jurisdiction means a state, territory, or possession of the United States,
the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or
other countries.

(i) Motorist means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.

(j) Personal recognizance means an agreement by a motorist made at the
time of issuance of the traffic citation that he will comply with the terms of that
traffic citation.

(k) Police officer means any individual authorized by the party jurisdiction
to issue a citation for a traffic violation.

(l) Terms of the citation means those options expressly stated upon the
citation.

ARTICLE III

Procedure for Issuing Jurisdiction

(a) When issuing a citation for a traffic violation, a police officer shall issue
the citation to a motorist who possesses a driver's license issued by a party
jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this
article, require the motorist to post collateral to secure appearance, if the officer
receives the motorist's personal recognizance that he or she will comply with the
terms of the citation.

(b) Personal recognizance is acceptable only if not prohibited by law. If
mandatory appearance is required, it must take place immediately following
issuance of the citation.

(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply to the licensing authority
of the jurisdiction in which the traffic citation was issued. The report shall be made
in accordance with procedures specified by the issuing jurisdiction and shall
contain information as specified in the compact manual as minimum requirements
for effective processing by the home jurisdiction.

(d) Upon receipt of the report, the licensing authority of the issuing
jurisdiction shall transmit to the licensing authority in the home jurisdiction of the
motorist, the information in a form and content as contained in the compact manual.

(e) The licensing authority of the issuing jurisdiction need not suspend the
privilege of a motorist for whom a report has been transmitted.

(f) The licensing authority of the issuing jurisdiction shall not transmit a
report on any violation if the date of transmission is more than six months after the
date on which the traffic citation was issued.

(g) The licensing authority of the issuing jurisdiction shall not transmit a
report on any violation where the date of issuance of the citation predates the most
recent of the effective dates of entry for the two jurisdictions affected.

ARTICLE IV

Procedure for Home Jurisdiction

(a) Upon receipt of a report of a failure to comply from the licensing
authority of the issuing jurisdiction, the licensing authority of the home jurisdiction
shall notify the motorist and initiate a suspension action, in accordance with the
home jurisdiction's procedures, to suspend the motorist's driver's license until
satisfactory evidence of compliance with the terms of the traffic citation has been
furnished to the home jurisdiction licensing authority. Due process safeguards will
be accorded.

(b) The licensing authority of the home jurisdiction shall maintain a record of
actions taken and make reports to issuing jurisdictions as provided in the compact
manual.

ARTICLE V

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 jurisdiction to
apply any of its other laws relating to license to drive to any person or
circumstance, or to invalidate or prevent any driver license agreement or other
cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.

ARTICLE VI

Compact Administrator Procedures

(a) For the purpose of administering the provisions of this compact and to
serve as a governing body for the resolution of all matters relating to the operation
of this compact, a board of compact administrators is established. The board shall
be composed of one representative from each party jurisdiction to be known as the
compact administrator. The compact administrator shall be appointed by the
jurisdiction executive and will serve and be subject to removal in accordance with
the laws of the jurisdiction he represents. A compact administrator may provide for
the discharge of his duties and the performance of his functions as a board member
by an alternate. An alternate may not be entitled to serve unless written notification
of his identity has been given to the board.

(b) Each member of the board of compact administrators shall be entitled to
one vote. No action of the board shall be binding unless taken at a meeting at which
a majority of the total number of votes on the board are cast in favor. Action by the
board shall be only at a meeting at which a majority of the party jurisdictions are
represented.

(c) The board shall elect annually, from its membership, a chairman and vice
chairman.

(d) The board shall adopt bylaws, not inconsistent with the provisions of this
compact or the laws of a party jurisdiction, for the conduct of its business and shall
have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any jurisdiction, the United
States, or any other governmental agency, and may receive, utilize and dispose of
the same.

(f) The board may contract with, or accept services or personnel from any
governmental or intergovernmental agency, person, firm, or corporation, or any
private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this compact. All
procedures and forms adopted pursuant to board action shall be contained in the
compact manual.

ARTICLE VII

Entry into Compact and Withdrawal

(a) This compact shall become effective when it has been adopted by at
least two jurisdictions.

(b) (1) Entry into the compact shall be made by a resolution of ratification
executed by the authorized officials of the applying jurisdiction and submitted to
the chairman of the board.

(2) The resolution shall be in a form and content as provided in the compact
manual and shall include statements that in substance are as follows:

(i) A citation of the authority by which the jurisdiction is empowered to
become a party to this compact.

(ii) Agreement to comply with the terms and provisions of the compact.

(iii) That compact entry is with all jurisdictions then party to the compact and
with any jurisdiction that legally becomes a party to the compact.

(3) The effective date of entry shall be specified by the applying jurisdiction,
but it shall not be less than sixty days after notice has been given by the chairman
of the board of compact administrators or by the secretariat of the board to each
party jurisdiction that the resolution from the applying jurisdiction has been
received.

(c) A party jurisdiction may withdraw from this compact by official written
notice to the other party jurisdictions, but a withdrawal shall not take effect until
ninety days after notice of withdrawal is given. The notice shall be directed to the
compact administrator of each member jurisdiction. No withdrawal shall affect the
validity of this compact as to the remaining party jurisdictions.

ARTICLE VIII

Exceptions

The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law governing the
transportation of hazardous materials.

ARTICLE IX

Amendments to the Compact

(a) This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chairman of the board of compact
administrators and may be initiated by one or more party jurisdictions.

(b) Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective thirty days after the date of the last
endorsement.

(c) Failure of a party jurisdiction to respond to the compact chairman within
one hundred twenty days after receipt of the proposed amendment shall constitute
endorsement.

ARTICLE X

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes
stated herein. 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 jurisdiction or of the United States or the applicability
thereof to any government, agency, person, or circumstance is held invalid, the
compact shall not be affected thereby. If this compact shall be held contrary to the
constitution of any jurisdiction party thereto, the compact shall remain in full force
and effect as to the remaining jurisdictions and in full force and effect as to the
jurisdiction affected as to all severable matters.

ARTICLE XI

Title

This compact shall be known as the Nonresident Violator Compact of 1977.

Legislative History

Source: L. 81: Entire part added, p. 1229, � 1, effective June 4.