§ 40-10.1-204 — Temporary authority

Colorado § 40-10.1-204

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Motor Carriers

Text

(1) To enable the provision of common
carrier or contract carrier service for which there appears to be an immediate and
urgent need to any point or within a territory having no such service capable of
meeting the need, the commission may, in its discretion and without hearings or
other proceedings, grant temporary authority for such service by a common carrier
or a contract carrier, as the case may be. Such temporary authority, unless
suspended or revoked for good cause, is valid for such time as the commission
specifies, but for not more than an aggregate of one hundred eighty days, unless
for good cause shown the commission extends the temporary authority for a period
which may extend until a final administrative decision is rendered. A grant of
temporary authority or an extension thereof creates no presumption that
corresponding permanent authority will be granted thereafter.

(2) Pending the determination of an application filed with the commission for
approval of an acquisition of stock of a common carrier or contract carrier, a
consolidation or merger of two or more such carriers, or a purchase, lease, or
contract to operate the properties of one or more such carriers, the commission
may, in its discretion and without hearings or other proceedings, grant temporary
approval for a period not exceeding one hundred eighty days for the operation of
the carrier or its properties sought to be acquired by the person proposing in such
pending application to acquire the properties or stock, if it appears that failure to
grant such temporary approval may result in destruction of or injury to the carrier or
its properties sought to be acquired, or may interfere substantially with their future
usefulness in the performance of adequate and continuous service to the public.
For good cause shown, the commission may extend such temporary approval for a
period which may extend until a final administrative decision is rendered.
Temporary approval or an extension thereof does not create a presumption that the
application will be granted.

(3) Common carrier or contract carrier service rendered under temporary
authority or approval is subject to all applicable provisions of this title and to the
rules and requirements of the commission. The maximum time period of any
temporary authority or approval is not subject to extension or renewal.

(4) The commission shall not issue a temporary authority or approval unless,
under such general rules as the commission may prescribe governing the
application and notice thereof to interested or affected common carriers, all
interested or affected carriers have been given at least five days' notice of the filing
of the application and an opportunity to protest the granting thereof. If the
commission determines that an emergency exists, it may issue temporary authority
or approval at once by making specific reference in its order to the circumstances
constituting the emergency, in which case no notice need be given, but any such
emergency authority or approval expires no later than thirty days after it was
issued.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 407, � 1, effective August 10.