§ 40-10.1-401 — Permit requirements - rules

Colorado § 40-10.1-401

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

Text

(1) (a) A person shall not operate
or offer to operate as a towing carrier in intrastate commerce without first having
obtained a permit therefor from the commission in accordance with this article.

(b) A person may apply for a permit under this part 4 to the commission in
such form and with such information as the commission may require. Permits are
valid for one year after the date of issuance.

(2) (a) (I) The commission may deny an application for or suspend, revoke, or
refuse to renew a permit under this part 4 of a person that has, within the
immediately preceding five years, been convicted of, or pled guilty or nolo
contendere to, a felony or a towing-related offense. The commission may also deny
an application under this part 4 or suspend, revoke, or refuse to renew the permit of
a towing carrier based upon a determination that the towing carrier or any of its
owners, principals, officers, members, partners, or directors has not satisfied a civil
penalty arising out of an administrative or enforcement action brought by the
commission.

(II) A towing carrier that applies for a permit or that applies to renew a permit
shall disclose to the commission each person that is identified as a principal in
accordance with rules promulgated by the commission.

(b) The commission may deny an application for or suspend, revoke, or refuse
to renew a permit of a towing carrier under this part 4 based on a determination
that it is not in the public interest for the towing carrier to possess a permit. The
determination is subject to appeal in accordance with commission rules. It is
rebuttably presumed that a towing carrier's possession of a permit is not in the
public interest if the towing carrier has willfully and repeatedly failed to comply
with this article 10.1 or part 18 or 21 of article 4 of title 42.

(3) (a) Except as otherwise provided in subsection (2) of this section and
section 40-10.1-112 (4), the commission shall issue a permit to a towing carrier upon
completion of the application and the filing of proof of workers' compensation
insurance coverage in accordance with the Workers' Compensation Act of
Colorado, articles 40 to 47 of title 8, C.R.S., and with the financial responsibility
requirements of this article and may attach to the permit and to the exercise of the
rights granted by the permit such restrictions, terms, and conditions, including
altering the rates and charges of the applicant, as are reasonably deemed
necessary for the protection of the property of the public.

(b) If a towing carrier violates this article 10.1, any other applicable provision
of law, or any rule or order of the commission issued under this article 10.1 and as a
result is ordered by a court or by the commission to pay a fine or civil penalty that
the towing carrier subsequently fails to pay in full within the time prescribed for
payment, and not before the decision imposing the fine or civil penalty becomes a
final decision by the commission, then:

(I) The towing carrier's permit is revoked immediately; and

(II) The towing carrier, its owners, principals, officers, members, partners,
and directors, and any other entity owned or operated by one or more of those
owners, principals, officers, members, partners, or directors, may be disqualified
from obtaining or renewing any operating authority under this article for a period of
five years after the date on which the fine or civil penalty was due. The period of
disqualification pursuant to this subparagraph (II) is in addition to, and not in lieu of,
and does not affect, any other penalty or period of disqualification, including the
period of disqualification specified in section 40-10.1-112 (4).

(c) A towing carrier's facilities and vehicles are subject to inspection by the
commission and by authorized personnel of the Colorado state patrol, which shall
promptly report to the commission concerning any violations revealed by an
inspection.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 411, � 1, effective August 10. L. 2012: Entire section amended, (HB 12-1327), ch. 217, p. 931, � 2, effective May 24. L. 2017: IP(3)(b) and (3)(b)(I) amended, (SB 17-180), ch. 281, p. 1533, � 5, effective August 9. L. 2022: (2) amended, (HB 22-1314), ch. 416, p. 2936, � 9, effective August 10. L. 2024: (2) amended, (HB 24-1051), ch. 292, p. 1985, � 1, effective August 7.