(1) The
department shall develop, adopt, and administer a procedure for licensing drivers
of commercial motor vehicles in accordance with applicable federal law governing
commercial motor vehicle safety and any rules promulgated thereunder. The
department is hereby specifically authorized to adopt and effectuate, whether by
rule, policy, or administrative custom or practice, any licensing sanction imposed by
federal statutes or rules governing commercial motor vehicle safety.
(2) (a) The department shall promulgate such rules and regulations as are
necessary for the implementation of this part 4. Such rules and regulations shall
govern all aspects of licensing commercial drivers, including, but not limited to,
testing procedures, license issuance procedures, out-of-service regulations, denial
procedures, including suspensions, revocations, cancellations and denials, records
maintenance, reporting requirements, and cooperation with the commercial driver's
license information system.
(b) The department, with the advice of the commissioner of education, shall
develop testing and license issuance procedures for school bus drivers who are
employed by any Colorado school district.
(c) (I) In addition to any other requirements, an application for a commercial
driver's license shall state that:
(A) The applicant understands that, as a resident of the state of Colorado,
any motor vehicle owned by the applicant must be registered in Colorado pursuant
to the laws of the state and the applicant may be subject to criminal penalties, civil
penalties, cancellation or denial of the applicant's driver's license, and liability for
any unpaid registration fees and specific ownership taxes if the applicant fails to
comply with such registration requirements; and
(B) The applicant agrees, within thirty days after the date the applicant
became a resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (c)
by the applicant's signature on the application.
(d) The department may not consider the following with regard to an
application from a person for a commercial driver's license:
(I) A conviction for UDD;
(II) A license revocation imposed under section 42-2-126 (3)(b) if the person
was under twenty-one years of age at the time of the offense and such person
drove a motor vehicle while such person's BAC was at least 0.02 but not more than
0.05; or
(III) A license revocation imposed under section 42-2-126 (3)(e) if the person
was under twenty-one years of age at the time of the offense and such person
drove a commercial motor vehicle while such person's BAC was at least 0.02 but
less than 0.04.
(e) With regard to every person who holds or applies for a commercial
driver's license in this state, the department shall maintain, for at least three years,
records of such person's application and of any convictions, disqualifications, and
licensing actions for violation of state or local laws relating to motor vehicle traffic
control, other than parking violations, committed while the person was operating a
commercial motor vehicle or that would affect the person's commercial driving
privilege, and shall make such records available to the specified persons and
entities as follows:
(I) To law enforcement officers, courts, prosecutors, administrative
adjudicators, and motor vehicle licensing authorities in Colorado or any other state,
all information on all such persons;
(II) To the federal secretary of transportation, all information on all such
persons;
(III) To the individual to whom such information pertains, all such information
pertaining to that individual;
(IV) To the motor carrier employer or prospective motor carrier employer of
the individual to whom such information pertains, all such information pertaining to
that individual.
(2.5) Any application for the issuance or renewal of a license pursuant to this
section shall include the applicant's social security number as required in section
14-14-113, C.R.S.
(3) Nothing in this part 4 shall be construed to prevent the state of Colorado
from complying with federal requirements in order to qualify for funds under the
federal Commercial Motor Vehicle Safety Act of 1986 or other applicable federal
law.
(4) (a) Any male United States citizen or immigrant who applies for a
commercial driver's license, or a renewal of any such license, and who is at least
eighteen years of age but less than twenty-six years of age shall be registered in
compliance with the requirements of section 3 of the Military Selective Service
Act, 50 U.S.C. App. sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary
personal information of the applicants identified in paragraph (a) of this subsection
(4) to the selective service system. The applicant's submission of an application
shall serve as an indication that the applicant either has already registered with the
selective service system or that he is authorizing the department to forward to the
selective service system the necessary information for such registration. The
department shall notify the applicant that his signature serves as consent to
registration with the selective service system, if so required by federal law.
(5) Notwithstanding any law or rule to the contrary, upon presentation of
satisfactory evidence by an applicant, the department:
(a) Shall consider the training, education, or experience obtained by an
applicant as a member of the United States armed forces or reserves, the National
Guard of any state, the military reserves of any state, or the naval militia of any
state; and
(b) May credit the training, education, or experience toward the
qualifications to receive a license, certification, or registration.
(6) The department shall require initial applicants for the type of commercial
driver's license that authorizes a person to operate a combination vehicle (class A
under 49 CFR 383.153) to successfully pass training, when attending a commercial
driving school certified for approval by the private occupational schools division in
the department of higher education, on the recognition, prevention, and reporting of
human trafficking.