§ 42-2-405.5 — Violations of out-of-service order

Colorado § 42-2-405.5

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Drivers' Licenses

Text

(1) A person who operates a
commercial motor vehicle in violation of an out-of-service order commits a class 1
traffic misdemeanor.

(2) No court shall accept a plea of guilty to another offense from a person
charged with a violation of subsection (1) of this section; except that the court may
accept such a plea upon a good faith representation by the prosecuting attorney
that there is not a prima facie case for the original offense.

(3) Upon receipt of notice of a conviction or deferred sentence under
subsection (1) of this section, the department shall immediately suspend the
commercial driver's license for the maximum period set forth in the United States
federal regulations governing violations of out-of-service orders for commercial
drivers and section 42-2-403 (1).

(4) Notice of suspension under subsection (3) of this section shall be mailed
to the person by the department in compliance with section 42-2-119 (2).

(5) (a) Upon receipt of the notice of suspension, the person may request a
hearing in writing if the person has surrendered to the department a commercial
driver's license issued by any state. The department, upon notice to the person,
shall hold a hearing as soon as practicable at the district office of the department
closest to the residence of the person; except that, at the discretion of the
department, all or part of the hearing may be conducted in real time by telephone
or other electronic means in accordance with section 42-1-218.5.

(b) The only issues at such hearing are whether the driver was convicted of
or received a deferred sentence for a violation of subsection (1) of this section and
the appropriate length of suspension. If the driver was convicted, the license shall
be suspended. The hearing officer may reduce the period of suspension based on
findings at the hearing, including without limitation the circumstances of the
violation, the prior driving record, and aggravating and mitigating factors. A hearing
officer shall not reduce the suspension period below the minimum disqualification
period imposed by 49 CFR 383.51.

(c) (I) The order of the hearing officer is the final agency action and may be
appealed under section 42-2-135. A petition for judicial review must be filed within
thirty-five days after the date of the order.

(II) Judicial review shall be on the record of the hearing without taking
additional testimony. If the court finds that the department exceeded its
constitutional or statutory authority, made an erroneous interpretation of the law,
acted in an arbitrary and capricious manner, or made a determination that is
unsupported by the evidence in the record, the court may reverse the department's
determination.

(III) The court may grant a stay of the order only upon motion, after a hearing,
and upon a finding that there is a reasonable probability that the petitioner will
prevail upon the merits and that the petitioner will suffer irreparable harm if the
order is not stayed.

Legislative History

Source: L. 2006: Entire section added, p. 261, � 4, effective March 31. L. 2015: (5)(c)(I) amended, (HB 15-1021), ch. 25, p. 64, � 4, effective August 5.