§ 42-8-105 — Clearance of motor vehicles at port of entry weigh stations

(1)
Every owner or operator of a motor vehicle that is subject to payment of
registration fees under the provisions of section 42-3-306 (5)(b) and every owner or
operator of a motor vehicle or combination of vehicles having a manufacturer's
gross vehicle weight rating or gross combination weight rating of twenty-six
thousand one pounds or more shall secure a valid clearance from an officer of the
Colorado state patrol, or from a port of entry weigh station before operating the
vehicle or combination of vehicles or causing the vehicle or combination of vehicles
to be operated on the public highways of this state, but an owner or operator shall
be deemed to have complied with the provisions of this subsection (1) if the owner
or operator secures a valid clearance from the first port of entry weigh station
located within five road miles of the route that the owner or operator would
normally follow from the point of departure to the point of destination. An owner or
operator shall not be required to seek out a port of entry weigh station not located
on the route such owner or operator is following if the owner or operator secures a
special revocable permit from the Colorado state patrol in accordance with the
provisions of subsection (4) of this section. A vehicle with a seating capacity of
fourteen or more passengers registered under the provisions of section 42-3-304
(13) or 42-3-306 (2)(c)(I) shall not be required to secure a valid clearance pursuant
to this section.

(2) It is unlawful for any owner or operator of a motor vehicle subject to the
provisions of subsection (1) of this section to permit the travel of such motor vehicle
on the public highways of this state without first having secured a valid clearance
as provided in said subsection (1), and every such owner or operator shall be
required to seek out a port of entry weigh station for the purpose of securing such
valid clearance, whether or not such port of entry weigh station is located on the
route that the owner or operator is following, unless a valid clearance or a special
permit in accordance with subsection (4) of this section has previously been
secured.

(3) Every owner or operator of a motor vehicle subject to the provisions of
subsection (1) of this section shall secure a valid clearance at each port of entry
weigh station located on the route that the owner or operator would normally
follow from the point of departure to the point of destination for verification of its
previously secured clearance.

(3.5) Every owner or operator of a motor vehicle subject to the provisions of
subsection (1) of this section, when stopped for a lawful inspection, shall permit
personnel of a port of entry weigh station to inspect the fuel tank of the vehicle for
the purpose of ensuring that the vehicle is not operating on the public highways of
the state using tax-exempt diesel fuel in violation of section 42-4-1414.

(4) The Colorado state patrol may issue a special revocable permit to the
owner or operator of any vehicle being operated over a regularly scheduled route
waiving the requirement that the owner or operator seek out and secure a valid
clearance at a port of entry weigh station not located directly on the route being
followed. In order for the permit to be effective, the vehicle must be operating over
a regularly scheduled route that has previously been cleared with the Colorado
state patrol.

(5) Any owner or operator of a motor vehicle that is subject to the provisions
of sections 42-3-304 to 42-3-306, who is found guilty of violating the provisions
and requirements of this section, shall be subject to the fines and penalties
prescribed in section 42-8-109.

(6) Repealed.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2493, � 1, effective January 1, 1995. L. 95: (1) amended, p. 962, � 24, effective May 25. L. 96: (1), (4), and (6) amended, p. 1551, � 12, effective July 1. L. 98: (1) to (4) amended, p. 1095, � 8, effective June 1. L. 99: (3.5) added, p. 665, � 1, effective May 18. L. 2005: (1) and (5) amended, p. 1179, � 23, effective August 8. L. 2006: (1) amended, p. 1514, � 81, effective June 1. L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2039, � 21, effective July 1. L. 2012: (1) and (4) amended and (6) repealed, (HB 12-1019), ch. 135, p. 470, � 15, effective July 1.