§ 42-4-508 — Gross weight of vehicles and loads - definition

(1) (a) Except as
provided in subsection (1.5) of this section, a person shall not move or operate a
vehicle or combination of vehicles on any highway or bridge when the gross weight
upon any one axle of a vehicle exceeds the limits prescribed in section 42-4-507.

(b) Subject to the limitations prescribed in section 42-4-507, the maximum
gross weight of any vehicle or combination of vehicles shall not exceed that
determined by the formula W = 1,000 (L + 40), where W represents the gross weight
in pounds and L represents the length in feet between the centers of the first and
last axles of such vehicle or combination of vehicles; except that, in computation of
this formula, the gross vehicle weight must not exceed eighty-five thousand
pounds. For the purposes of this section, where a combination of vehicles is used, a
vehicle must not carry a gross weight of less than ten percent of the overall gross
weight of the combination of vehicles; except that these limitations shall not apply
to specialized trailers of fixed public utilities whose axles may carry less than ten
percent of the weight of the combination. The limitations provided in this section
must be strictly construed and enforced.

(c) Notwithstanding any other provisions of this section, except as may be
authorized under section 42-4-510, a person shall not move or operate a vehicle or
combination of vehicles on any highway or bridge that is part of the national system
of interstate and defense highways, also known as the interstate system, when the
gross weight of such vehicle or combination of vehicles exceeds the amount
determined by the formula W = 500 [(LN/N-1) + 12N + 36], up to a maximum of
eighty thousand pounds, where W represents the overall gross weight on any group
of two or more consecutive axles to the nearest five hundred pounds, L represents
the distance in feet between the extreme of any group of two or more consecutive
axles, and N represents the number of axles in the group.

(d) For the purposes of this subsection (1), where a combination of vehicles is
used, a vehicle must not carry a gross weight of less than ten percent of the overall
gross weight of the combination of vehicles; except that this limitation does not
apply to specialized trailers whose specific use is to haul poles and whose axles
may carry less than ten percent of the weight of the combination.

(1.5) The gross weight limits provided in subsection (1) of this section
increase, but by no more than two thousand pounds, for any vehicle or combination
of vehicles if the vehicle or combination of vehicles contains an alternative fuel
system and operates on alternative fuel or both alternative and conventional fuel.
For the purposes of this subsection (1.5), alternative fuel has the same meaning
provided in section 24-30-1104 (2)(c)(III)(A).

(2) The department upon registering any vehicle under the laws of this state,
which vehicle is designed and used primarily for the transportation of property or
for the transportation of ten or more persons, may acquire such information and
may make such investigation or tests as necessary to enable it to determine
whether such vehicle may safely be operated upon the highways in compliance with
all the provisions of this article. The department shall not register any such vehicle
for a permissible gross weight exceeding the limitations set forth in sections 42-4-501 to 42-4-512 and 42-4-1407. Every such vehicle shall meet the following
requirements:

(a) It shall be equipped with brakes as required in section 42-4-223;

(b) Every motor vehicle to be operated outside of business and residence
districts shall have motive power adequate to propel at a reasonable speed such
vehicle and any load thereon or to be drawn thereby.

(3) If the federal highway administration or the United States congress
prescribes or adopts vehicle size or weight limits greater than those now prescribed
by the Federal-Aid Highway Act of 1956, which limits exceed in full or in part the
provisions of section 42-4-504 or paragraph (b) or (c) of subsection (1) of this
section, the transportation commission, upon determining that Colorado highways
have been constructed to standards which will accommodate such additional size
or weight and that the adoption of said size and weight limitations will not
jeopardize any distribution of federal highway funds to the state, may adopt size
and weight limits comparable to those prescribed or adopted by the federal
highway administration or the United States congress and may authorize said limits
to be used by owners or operators of vehicles while said vehicles are using
highways within this state; but no vehicle size or weight limit so adopted by the
commission shall be less in any respect than those now provided for in section 42-4-504 or paragraph (b) or (c) of subsection (1) of this section.

(4) Any person who drives a vehicle or owns a vehicle in violation of any
provision of this section commits a class 2 misdemeanor traffic offense.

Legislative History

Source: L. 94: (1)(c)(III)(B) amended, p. 304, � 3, effective March 22; entire title amended with relocations, p. 2331, � 1, effective January 1, 1995. L. 96: IP(1) amended and (1.5) added, p. 630, � 4, effective January 1, 1997. L. 2009: (1)(b) amended, (SB 09-108), ch. 5, p. 51, � 8, effective January 1, 2010; (1)(b) amended, (HB 09-1318), ch. 316, p. 1703, � 1, effective January 1, 2010. L. 2013: (1) amended, (HB 13-1132), ch. 60, p. 197, � 1, effective March 22. L. 2016: (1.5) amended, (HB 16-1298), ch. 142, p. 422, � 2, effective August 10. L. 2020: (1.5) amended, (HB 20-1167), ch. 56, p. 192, � 5, effective September 14.