(1) Any person who
violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation
promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except
for the violations enumerated in subsection (3) of this section and section 42-20-505, is subject to a civil penalty of not more than ten thousand dollars per day for
each day during which the violation occurs. The penalty shall be assessed by the
chief upon receipt of a complaint by any Colorado state patrol officer and after
written notice and an opportunity for a hearing pursuant to section 24-4-105.
Payment of a civil penalty under this section does not relieve any person from
liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22
of title 29. Any person who is assessed a penalty pursuant to this subsection (1) has
the right to appeal the chief's decision by filing a notice of appeal with the court of
appeals as specified in section 24-4-106 (11).
(2) Any person who commits any of the acts enumerated in subsection (3) of
this section is subject to the civil penalty listed in said subsection (3). Officers of
the Colorado state patrol have the authority to issue civil penalty assessments for
the enumerated violations. At any time that a person is cited for a violation
enumerated in subsection (3) of this section, the person in charge of or operating
the motor vehicle involved shall be given a notice in the form of a civil penalty
assessment notice. The notice shall be tendered by the officer of the Colorado state
patrol and must contain the name and address of the person, the license number of
the motor vehicle involved, if any, the number of the person's driver's license, the
nature of the violation, the amount of the penalty prescribed for the violation, the
date of the notice, a place for the person to execute a signed acknowledgment of
his or her receipt of the civil penalty assessment notice, a place for the person to
execute a signed acknowledgment of liability for the cited violation, and such other
information as may be required by law to constitute the notice as a complaint to
appear in court should the prescribed penalty not be paid within ten days. Every
cited person shall execute the signed acknowledgment of his or her receipt of the
civil penalty assessment notice. The acknowledgment of liability shall be executed
at the time the cited person pays the prescribed penalty. The person cited shall pay
the civil penalty specified in subsection (3) of this section for the violation involved
at the office of the department of revenue either in person or by postmarking such
payment within ten days of the citation. The department of revenue shall accept
late payment of any penalty assessment up to twenty days after the payment
becomes due. If the person cited does not pay the prescribed penalty within ten
days of the notice, the civil penalty assessment notice shall constitute a complaint
to appear in court unless payment for the penalty assessment has been accepted
by the department of revenue as evidenced by receipt, and the person cited shall,
within the time specified in the civil penalty assessment notice, file an answer to
this complaint with the county court for the county in which the penalty assessment
was issued. The attorney general shall represent the Colorado state patrol if so
requested by the Colorado state patrol.
(3) The following penalties apply only to the transportation of nuclear
materials by motor vehicle and shall be assessed against drivers, shippers, carriers,
operators, brokers, and other persons, as appropriate:
(a) Any person who operates a motor vehicle without a driver's log book in
his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty
of one hundred dollars.
(b) Any person who operates a motor vehicle without maintaining a driver's
log book in current condition, in accordance with 49 CFR 395.8, shall be assessed a
civil penalty of one hundred dollars.
(c) Any person who enters false information in a driver's log book in violation
of 49 CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.
(d) Any person who exceeds maximum driving or on duty time, as established
by 49 CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.
(e) Any person who fails to produce his or her driver's log book on demand of
any law enforcement official or port of entry personnel in violation of 49 CFR 395.8
shall be assessed a civil penalty of two hundred fifty dollars.
(f) Any person who fails to have a valid medical certificate in his or her
possession, in accordance with 49 CFR 391.43, shall be assessed a civil penalty of
one hundred dollars.
(g) Any person who operates a motor vehicle without meeting driver
qualifications, as established in 49 CFR 177.800 (c) and section 42-20-501, shall be
assessed a civil penalty of five hundred dollars.
(h) Any person who carries an unauthorized passenger, as defined in 49 CFR
392.60, shall be assessed a civil penalty of one hundred dollars.
(i) Any person who operates a motor vehicle while that person is declared to
be out of service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of
five hundred dollars.
(j) Any person who operates an unsafe vehicle, as described in 49 CFR 396.7,
shall be assessed a civil penalty of one hundred fifty dollars.
(k) Any person who operates a motor vehicle without correcting defects as
noted on a safety inspection report in violation of 49 CFR 396.9 shall be assessed a
civil penalty of five hundred dollars.
(l) Any person who operates a motor vehicle while that vehicle is declared to
be out of service, as defined in 49 CFR 396.9 (c)(2), shall be assessed a civil penalty
of one thousand dollars.
(m) Any person who transports nuclear materials without proper visibility
and display of placards in violation of 49 CFR 172.504 shall be assessed a civil
penalty of two hundred dollars.
(n) Any person who transports nuclear materials without proper placards, as
provided in 49 CFR 172.504, shall be assessed a civil penalty of five hundred
dollars.
(o) Any person who displays nuclear materials placards on vehicles not
transporting nuclear materials in violation of 49 CFR 172.502 shall be assessed a
civil penalty of one hundred dollars.
(p) Any person who fails to have hazardous materials shipping papers in
conformance with 49 CFR 177.817 shall be assessed a civil penalty of five hundred
dollars.
(q) Any person who parks a motor vehicle transporting nuclear materials in
violation of 49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.
(r) Any person who violates a provision of section 42-20-508 or the rules
adopted pursuant thereto shall be assessed a civil penalty of five hundred dollars.
(s) Any person who improperly fills out the shipping papers required by 49
CFR 172, subpart C, shall be assessed a civil penalty of five hundred dollars.
(t) Any person who fails to report a nuclear incident, or fails to take
necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR
177.861, shall be assessed a civil penalty of five hundred dollars.
(u) Any person who supplies inaccurate information in, or who fails to comply
with, the route plan required by 49 CFR 397.101 (d) shall be assessed a civil penalty
of five hundred dollars.
(v) Any person who transports nuclear materials in violation of the radiation
level limitations established in 49 CFR 173.441 shall be assessed a civil penalty of
one thousand dollars.
(w) Any person who transports nuclear materials in excess of the maximum
permissible transport index, as provided in 49 CFR 173, shall be assessed a civil
penalty of one thousand dollars.