The general assembly hereby
approves and the governor is authorized to enter into an agreement on behalf of
this state with any other state or states legally joining therein in the form
substantially as follows:
ARTICLE 1
Findings and Purposes
SECTION 1. Finding. The participating jurisdictions find that:
(1) The expanding regional economy depends on expanding transportation
capacity;
(2) Highway transportation is the major mode for movement of people and
goods in the western states;
(3) Uniform application in the west of more adequate vehicle size and weight
standards will result in a reduction of pollution, congestion, fuel consumption and
related transportation costs which are necessary to permit increased productivity;
(4) Improvements in the highway operating environment, in vehicular safety,
and in cooperative state administration and enforcement of state laws will each
encourage a smoother flow of interstate commerce to the benefit of the regional
economy;
(5) Repealed.
(6) The participating jurisdictions are most capable of developing vehicle
size and weight standards most appropriate for the regional economy and
transportation requirements, consistent with and in recognition of principles of
highway safety. The participating jurisdictions are most capable of developing
programs for cooperative state administration, commercial vehicle safety
inspections and enforcement of state laws.
SECTION 2. Purposes. The purposes of this agreement are to:
(1) Adhere to the principle that each participating jurisdiction should have
the freedom to develop vehicle size and weight standards that it determines to be
most appropriate to its economy and highway system.
(2) Establish a system authorizing the operation of vehicles traveling
between two (2) or more participating jurisdictions at more adequate size and
weight standards.
(3) Promote uniformity among participating jurisdictions in vehicle size and
weight standards on the basis of the objectives set forth in this agreement.
(4) Secure uniformity insofar as possible, of administrative procedures in the
enforcement of recommended vehicle size and weight standards.
(5) Facilitate improvements in the highway operating environment, in
vehicular safety, and in cooperative state administration and enforcement of state
laws.
(6) Provide means for the encouragement and utilization of research which
will facilitate the achievement of the foregoing purposes, with due regard for the
findings set forth in Section 1 of this Article.
(7) Facilitate communication between legislators, state transportation
administrators, and commercial industry representatives in addressing the
emerging highway transportation issues in participating jurisdictions.
ARTICLE 2
Definitions
SECTION 1. As used in this agreement:
(1) Cooperating committee means a body composed of the designated
representatives from the participating jurisdictions.
(1.5) Designated representative means a legislator, state agency official, or
other person authorized under article 11 to represent the jurisdiction.
(2) Jurisdiction means a state of the United States or the District of
Columbia.
(3) Vehicle means any vehicle as defined by statute to be subject to size
and weight standards which operates in two or more participating jurisdictions.
ARTICLE 3
General Provisions
SECTION 1. Qualifications for membership. Participation in this agreement
is open to jurisdictions which subscribe to the findings, purposes and objectives of
this agreement and will seek legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through
their designated representatives, shall cooperate and assist each other in achieving
the desired goals of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of headings. Article and Section headings contained
herein shall not be deemed to govern, limit, modify, or in any manner affect the
scope, meaning, or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle laws and regulations. This agreement shall not
authorize the operation of a vehicle in any participating jurisdiction contrary to the
laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of
questions at issue relating to this agreement shall be reached by unanimous joint
action of the participating jurisdictions, acting through the designated
representatives. Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous
joint action of the participating jurisdictions, acting through the officials thereof
authorized to enter into this agreement, subject to the requirements of Section 4,
Article 3. Any amendment shall be placed in writing and become a part hereof.
SECTION 7. Restrictions, conditions or limitations. Any jurisdiction entering
this agreement shall provide each other participating jurisdiction with a list of any
restriction, condition or limitation on the general terms of this agreement, if any.
SECTION 8. Additional jurisdictions. Additional jurisdictions may become
members of this agreement by signing and accepting the terms of the agreement.
ARTICLE 4
Cooperating Committee
SECTION 1. Each participating jurisdiction shall have two designated
representatives. Pursuant to Section 2, Article 3, the designated representatives of
the participating jurisdictions shall constitute the cooperating committee which
shall have the power to:
(1) Collect, correlate, analyze and evaluate information resulting or derivable
from research and testing activities in relation to vehicle size and weight, safety,
enforcement and related matters.
(2) Recommend and encourage the undertaking of research and testing in
any aspect of vehicle size and weight, safety, enforcement and related matters
when, in its collective judgment, appropriate or sufficient research or testing has
not been undertaken.
(3) Recommend changes in law or policy with emphasis on compatibility of
laws and uniformity of administrative rules or regulations which would promote
effective governmental action or coordination in the field of vehicle size and weight,
safety, enforcement and related matters.
(4) Recommend improvements in highway operation, in vehicular safety, and
in state administration of highway transportation laws.
(5) Perform functions necessary to facilitate the purposes of this agreement.
SECTION 2. Each designated representative of a participating jurisdiction
shall be entitled to one (1) vote only. No action of the committee shall be approved
unless a majority of the total number of votes cast by the designated
representatives of the participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually. It shall elect,
from its members, a chairman, a vice-chairman and a secretary. The committee may
adopt bylaws to govern its activities.
SECTION 4. The committee shall submit annually to the legislature of each
participating jurisdiction a report setting forth the work of the committee during the
preceding year and including recommendations developed by the committee. The
committee may submit such additional reports as it deems appropriate or desirable.
ARTICLE 5
Objectives of the Participating Jurisdictions
SECTION 1. Objectives. The participating jurisdictions hereby declare that:
(1) It is the objective of the participating jurisdictions to obtain more efficient
and more economical transportation by motor vehicles between and among the
participating jurisdictions by encouraging the adoption of standards that will, as
minimums, allow the operation on all state highways, except those determined
through engineering evaluation to be inadequate, with a single-axle weight of
20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or
combination weight of that resulting from application of the formula:
W = 500[(LN/N - 1) + 12N + 36]
where
W = maximum weight in pounds carried on any group of two or more consecutive
axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more axles.
N = number of axles in group under consideration.
(2) It is the further objective of the participating jurisdictions that the
operation of a vehicle or combination of vehicles in interstate commerce according
to the provisions of subsection (1) of this Section be authorized under special permit
authority by each participating jurisdiction for vehicle combinations in excess of
statutory weight of eighty thousand pounds or statutory lengths.
(3) It is the further objective of the participating jurisdictions to facilitate and
expedite the operation of any vehicle or combination of vehicles between and
among the participating jurisdictions under the provisions of subsection (1) or (2) of
this Section, and to that end the participating jurisdictions hereby agree, through
their designated representatives, to meet and cooperate in the consideration of
vehicle size and weight related matters including, but not limited to, the
development of: Uniform enforcement procedures; additional vehicle size and
weight standards; uniform safety inspection standards; operational standards;
agreements or compacts to facilitate regional application and administration of
vehicle size and weight standards; uniform permit procedures; uniform application
forms; rules for the operation of vehicles, including equipment requirements, driver
qualifications, and operating practices; and such other matters as may be pertinent.
(4) The cooperating committee may recommend that the participating
jurisdictions jointly secure congressional approval of this agreement, and
specifically of the vehicle size and weight standards set forth in subsection (1) of
this section.
(5) It is the further objective of the participating jurisdictions to:
(a) Establish transportation laws and rules to meet regional and economic
needs and to promote an efficient, safe, and compatible transportation network;
(b) Develop standards that facilitate the most efficient and environmentally
sound operation of vehicles on highways, consistent with and in recognition of
principles of highway safety; and
(c) Establish programs to increase productivity and reduce congestion, fuel
consumption, and related transportation costs and enhance air quality through the
uniform application of state vehicle rules and laws.
(6) (Deleted by amendment, L. 2001, p. 710, � 6, effective August 8, 2001.)
ARTICLE 6
Entry Into Force and Withdrawal
SECTION 1. This agreement shall enter into force when enacted into law by
any two (2) or more jurisdictions. Thereafter, this agreement shall become effective
as to any other jurisdiction upon its enactment thereof, except as otherwise
provided in Section 8, Article 3.
SECTION 2. Any participating jurisdiction may withdraw from this agreement
by cancelling the same but no such withdrawal shall take effect until thirty (30)
days after the designated representative of the withdrawing jurisdiction has given
notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE 7
Construction and Severability
SECTION 1. This agreement shall be liberally construed so as to effectuate
the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be contrary
to the constitution of any participating jurisdiction or the applicability thereto to
any government, agency, person or circumstance is held invalid, the validity of the
remainder of this agreement shall not be affected thereby. If this agreement shall
be held contrary to the constitution of any jurisdiction participating herein, the
agreement shall remain in full force and effect as to the jurisdictions affected as to
all severable matters.
ARTICLE 8
Filing of Documents
SECTION 1. A copy of this agreement, its amendments, and rules or
regulations promulgated thereunder and interpretations thereof shall be filed in the
highway department in each participating jurisdiction and shall be made available
for review by interested parties.
ARTICLE 9
Existing Statutes Not Repealed
SECTION 1. All existing statutes prescribing weight and size standards and
all existing statutes relating to special permits shall continue to be of force and
effect until amended or repealed by law.
ARTICLE 10
State Government Departments
Authorized to Cooperate with Cooperating Committees
SECTION 1. Within appropriations available therefor, the departments,
agencies and officers of the government of this State shall cooperate with and
assist the cooperating committee within the scope contemplated by Article 4,
Section 1 (1) and (2) of the agreement. The departments, agencies and officers of
the government of this State are authorized generally to cooperate with said
cooperating committee.
ARTICLE 11
Selection of Designated Representatives
SECTION 1. The process for selecting the designated representatives to the
cooperating committee shall be established by law under this section.
SECTION 2. The persons authorized to represent the state of Colorado as the
designated representatives to the committee shall be the chairperson of the senate
transportation committee and the chairperson of the house transportation
committee, or a legislator or state agency official that the chairperson assigns.
SECTION 3. The transportation committee chairpersons in each house shall
also designate one alternate designated representative, who shall also be a
legislator or state agency official, to serve in their absence.
ARTICLE 12
Funding
SECTION 1. Funds for the administration of this agreement, including
participation in the cooperating committee and the actual expenses of the
designated representatives, shall be provided from the funds available to the
Colorado state patrol for operating expenses and motor carrier safety and
assistance program grants and shall be budgeted or expensed to the Colorado
state patrol in furtherance of the administration of this agreement as determined
appropriate.