§ 42-2-406 — Fees - rules

(1) A fee is required for the issuance of a
commercial driver's license. The department shall set the fee in accordance with
section 42-2-114.5. The department shall transfer the fee to the state treasurer,
who shall credit it to the Colorado DRIVES vehicle services account created in
section 42-1-211 (2). The license expires on the birthday of the applicant in the
fourth year after its issuance. When issuing a commercial driver's license, the office
of the county clerk and recorder shall retain eight dollars and shall forward the
remainder to the department for transmission to the state treasurer, who shall
credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(2) The fee for a person eighteen years of age or older for issuance of a
minor driver's license that authorizes operation of a commercial motor vehicle upon
the highways is the same as for a commercial driver's license issued under
subsection (1) of this section. The department shall transfer the fee to the state
treasurer, who shall credit it to the Colorado DRIVES vehicle services account
created in section 42-1-211 (2). When issuing a minor driver's license, the office of
the county clerk and recorder shall retain eight dollars and shall forward the
remainder to the department for transmission to the state treasurer, who shall
credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(3) (a) (I) The fee for the administration by commercial driver's license testing
units of the driving test for licensing commercial drivers shall not exceed the fee
set by rule.

(II) The department shall promulgate rules setting a limit on the amount that
may be charged for the administration of the driving test by commercial driver's
license testing units for licensing commercial drivers. The rules shall also provide
for a lower fee limit for the administration of the driving test to an employee or
volunteer of a nonprofit organization that provides specialized transportation
services for the elderly and for persons with disabilities, to any individual employed
by a school district, or to any individual employed by a board of cooperative
services. The department shall promulgate such rules by December 1, 2008, and
every three years thereafter.

(b) A fee is required for the administration of driving tests by the
department. The department shall set the fee in accordance with section 42-2-114.5; except that the fee for the administration of the driving test to an employee
or volunteer of a nonprofit organization that provides specialized transportation
services for the elderly and for persons with disabilities, to any individual employed
by a school district, or to any individual employed by a board of cooperative
services shall not exceed forty dollars.

(c) The department may provide by rule for reduced fees for applicants who
are retested after failing all or any part of the driving test.

(d) The department shall forward all fees collected for the administration of
driving tests to the state treasurer, who shall credit them to the Colorado DRIVES
vehicle services account created in section 42-1-211 (2).

(4) An annual license fee is required for a commercial driver's license testing
unit. The department shall set the fee in accordance with section 42-2-114.5. The
department may provide by rule for reduced license fees for testing units operated
by nonprofit organizations that provide specialized transportation services for the
elderly and for persons with disabilities, by school districts, or by boards of
cooperative services. The provisions of this subsection (4) do not apply to any public
transportation system.

(5) An annual license fee is required for a commercial driver's license driving
tester. The department shall set the fee in accordance with section 42-2-114.5. The
department may provide by rule for reduced license fees for employees or
volunteers of nonprofit organizations that provide specialized transportation
services for the elderly and for persons with disabilities, for individuals employed by
school districts, or for individuals employed by boards of cooperative services. The
provisions of this subsection (5) do not apply to any public transportation system.

(6) The department shall forward all fees collected for the issuance of
testing unit licenses and driving test licenses under subsections (4) and (5) of this
section to the state treasurer, who shall credit the fees to the Colorado DRIVES
vehicle services account created in section 42-1-211 (2).

(7) Notwithstanding the amount specified for any fee in this section, the
executive director of the department by rule or as otherwise provided by law may
reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or
any portion of one or more of the fees is credited. After the uncommitted reserves
of the fund are sufficiently reduced, the executive director of the department by
rule or as otherwise provided by law may increase the amount of one or more of the
fees as provided in section 24-75-402 (4), C.R.S.

Legislative History

Source: L. 94: (1) and (1.5) amended, p. 539, � 2, effective July 1; entire title amended with relocations, p. 2166, � 1, effective January 1, 1995. L. 97: (1)(b)(II) amended, p. 120, � 1, effective August 6. L. 98: (7) added, p. 1353, � 100, effective June 1. L. 2000: (2) amended, p. 1359, � 38, effective July 1, 2001. L. 2005: (3) and (6) amended, p. 142, � 8, effective April 5. L. 2007: (1) and (2) amended, p. 1573, � 6, effective July 1. L. 2008: (3) amended, p. 522, � 1, effective August 5. L. 2009: (1), (2), (3)(d), and (6) amended, (SB 09-274), ch. 210, p. 954, � 7, effective May 1. L. 2010: (1), (2), (3)(d), and (6) amended, (HB 10-1387), ch. 205, p. 888, � 6, effective May 5. L. 2012: (1), (2), (3)(d), and (6) amended, (HB 12-1216), ch. 80, p. 265, � 5, effective July 1. L. 2014: (1), (2), (3)(b), (3)(d), and (4) to (6) amended, (SB 14-194), ch. 346, p. 1549, � 16, effective June 5. L. 2022: (1), (2), (3)(d), and (6) amended, (HB 22-1339), ch. 135, p. 913, � 14, effective July 1.