§ 42-2-409 — Unlawful possession or use of a commercial driver's license

Colorado § 42-2-409

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

Text

(1)
(a) A person shall not have in his or her possession a lawfully issued commercial
driver's license knowing that the license has been falsely altered by means of
erasure, obliteration, deletion, insertion of new information, transposition of
information, or any other means so that the license in its altered form falsely
appears or purports to be in all respects an authentic and lawfully issued license.

(b) A person shall not fraudulently obtain a commercial driver's license.

(c) A person shall not have in his or her possession a paper, document, or
other instrument that falsely appears or purports to be in all respects a lawfully
issued and authentic commercial driver's license knowing that the instrument was
falsely made and was not lawfully issued.

(d) A person shall not display, or represent as being his or her own, a
commercial driver's license that was lawfully issued to another person.

(e) A person shall not fail or refuse to surrender to the department upon its
lawful demand a commercial driver's license issued to the person that has been
suspended, revoked, or canceled by the department. The department shall notify in
writing the district attorney's office in the county where the violation occurred of all
violations of this paragraph (e).

(f) A person shall not permit the unlawful use of a commercial driver's
license issued to the person.

(g) A person shall not photograph, photostat, duplicate, or in any way
reproduce a commercial driver's license or facsimile thereof for the purpose of
distribution, resale, reuse, or manipulation of the data or images contained in the
commercial driver's license unless authorized by the department or otherwise
authorized by law.

(2) (a) A person who violates subsections (1)(a) to (1)(f) of this section
commits a petty offense.

(b) A person who violates subsection (1)(g) of this section commits a class 2
misdemeanor.

(3) (a) Upon receipt of a notice of conviction under this section, the
department shall permanently revoke the person's right to receive a commercial
driver's license.

(b) A notice of revocation under this section shall be mailed to the person by
the department in compliance with section 42-2-119 (2).

(c) Upon receipt of the notice of revocation, the person or the person's
attorney may request a hearing in writing. The department, upon notice to the
person as provided in section 42-2-119 (2), 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.

(d) 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.

(4) A court shall not accept a plea of guilty to another offense from a person
charged with a violation of this section; except that the court may accept a plea of
guilty to another offense upon a good faith representation by the prosecuting
attorney that the attorney cannot establish a prima facie case if the defendant is
brought to trial on the original offense.

Legislative History

Source: L. 2006: Entire section added, p. 165, � 1, effective July 1. L. 2015: (3)(d) amended, (HB 15-1021), ch. 25, p. 64, � 5, effective August 5. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3303, � 717, effective March 1, 2022.