§ 42-20-202 — Transportation permit - application fee - rules

Colorado § 42-20-202

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Transportation of Hazardous

Text

(1) (a) Except as
otherwise provided in this section, each person desiring to transport hazardous
materials which require placarding under 49 CFR 172 or 173 in, to, from, or through
this state shall submit a permit application for an annual permit to the department
of transportation before beginning such transportation. Permit applications must be
in a form designated by the department, and the department shall maintain records
of all such applications.

(b) Each annual permit is valid for one year following its issuance and shall
be issued after the approval of the permit application by the department of
transportation and upon the payment of a permit fee, which fee must be based on
the number of motor vehicles the applicant operates within this state, as follows:

Number of

Motor Vehicles Permit Fee

1 - 5 $ 10

6 - 10 25

11 - 50 125

51 - 100 200

101 - 300 350

over 300 400

(c) Single trip permits may be obtained at all port of entry weigh stations.
Each person transporting hazardous materials in, to, from, or through this state who
has not obtained an annual permit from the department of transportation shall
apply at the closest possible port of entry weigh station or at a department of
transportation office for a single trip permit. Each single trip permit is valid for a
single continuous business venture, but in no event shall the permit be valid for
more than seventy-two hours, unless extended by any enforcement official for any
reason the official deems advisable, including mechanical difficulties and road and
weather conditions. A single trip permit shall be issued upon the approval of the
permit application and upon the payment of a twenty-five-dollar permit fee.

(d) The department of transportation shall provide the option to a company
filing for a permit under this subsection (1) to file an express consent waiver that
enables the company to designate a company representative to be a party of
interest for a violation of this section. The appearance of the company
representative in a court hearing without the operator when the operator has signed
such waiver shall not be deemed the practice of law in violation of article 93 of title
13.

(2) No annual permit application shall be approved unless the applicant:

(a) Supplies proof of having obtained liability insurance as required by the
United States department of transportation pursuant to 49 CFR 387. Proof of such
liability insurance policy shall be filed with the department of transportation. The
insurance carrier shall give thirty days' written notice for nonpayment of premium
and ninety days' notice for nonrenewal of policy to the department before the
cancellation of such policy. At any time that the insurance policy lapses, the permit
shall be automatically revoked.

(b) Agrees to comply with the rules and regulations promulgated pursuant to
section 42-20-108.

(3) No single trip permit application shall be approved unless the applicant:

(a) Supplies proof of having liability insurance as required by the United
States department of transportation pursuant to 49 CFR 387 or signs a verification
under the penalty of perjury as provided in section 42-3-122 that the applicant has
the liability insurance as required by the United States department of
transportation pursuant to 49 CFR 387;

(b) Agrees to comply with the rules and regulations promulgated pursuant to
section 42-20-108.

(4) The chief is authorized to promulgate such reasonable rules and
regulations as may be necessary or desirable in governing the issuance of permits,
if such rules and regulations are not in conflict with other provisions of state law.

(5) Any fees collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the hazardous materials safety fund
created in section 42-20-107.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2522, � 1, effective January 1, 1995. L. 2005: (3)(a) amended, p. 1180, � 25, effective August 8. L. 2006: (1)(d) added, p. 310, � 3, effective July 1. L. 2017: (1)(d) amended, (SB 17-227), ch. 192, p. 705, � 9, effective August 9. L. 2020: (1) and (2)(a) amended, (SB 20-118), ch. 155, p. 662, � 2, effective January 1, 2021.