Colorado § 40-10.1-116 Commission to notify local authorities - procedure

Colorado Statutes

§ 40-10.1-116 — Commission to notify local authorities - procedure

Colorado § 40-10.1-116

Title 40Utilities

Art.Motor Carriers

This text of Colorado § 40-10.1-116 (Commission to notify local authorities - procedure) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-10.1-116 (2026).

Text

(1)Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an act in violation of the law or of any order, decision, rule, direction, or requirement of the commission, the commission shall request the attorney general of the state or the district attorney of any district to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose or in which the motor carrier complained of maintains a principal place of business or resides. Such action or proceeding must be conducted in accordance w

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(1)
Whenever the commission is of the opinion that a motor carrier is failing or omitting
to do anything required of it by law or by any order, decision, rule, direction, or
requirement of the commission or is acting or is about to act or permitting an act or
about to permit an act in violation of the law or of any order, decision, rule,
direction, or requirement of the commission, the commission shall request the
attorney general of the state or the district attorney of any district to commence an
action or proceeding in the district court in and for the county or city and county in
which the cause or some part thereof arose or in which the motor carrier
complained of maintains a principal place of business or resides. Such action or
proceeding must be conducted in accordance with section 40-7-104; except that
references in section 40-7-104 to the attorney general include any district attorney
bringing the action or proceeding.

(2) Appellate review may be obtained in the supreme court concerning a final
judgment in an action or proceeding under this section in the same manner and with
the same effect, subject to this article, as appellate review of judgments of the
district court in other actions for mandamus or injunction.

(3) (a) A person injured by the noncompliance of a motor carrier with this
article 10.1 or any other provision of law or an order, decision, rule, direction, or
requirement of the commission may apply to a court of competent jurisdiction for
the enforcement thereof, and the court has jurisdiction to enforce obedience
thereto by injunction or other proper process, mandatory or otherwise, and to
restrain the motor carrier and its officers, agents, employees, or representatives
from further disobedience thereof, or to enjoin upon them obedience to the same,
and any person so injured has cause of action in damages and is privileged to
pursue the usual and proper remedies as in any other case.

(b) Subsection (3)(a) of this section creates an independent cause of action,
which is not subject to administrative exhaustion, against a towing carrier that
violated this article 10.1 or any other provision of law or an order, decision, rule,
direction, or requirement of the commission.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 405, � 1, effective August 10. L. 2024: (3) amended, (HB 24-1051), ch. 292, p. 1991, � 10, effective August 7.