8 CCR 1507-1 - [Effective 4/1/2024] RULES AND REGULATIONS CONCERNING MINIMUM STANDARDS FOR THE OPERATION OF COMMERCIAL VEHICLES
MCS 1: AUTHORITY TO ADOPT STANDARDS AND SPECIFICATIONS. The Chief of the Colorado State Patrol is authorized by the provisions of § 42-4-235 (4) (a) (i), CRS, to adopt rules and regulations setting safety standards and specifications for the operation of all commercial vehicles in Colorado, both in interstate and intrastate transportation.
MCS 2: APPLICABILITY. These rules and regulations apply to individuals, corporations, Colorado government or governmental subdivisions or agencies, or other legal entities who operate commercial vehicles as they are defined in § 42-4-235 (1) (a), CRS.
2.1.
COMPLIANCE WITH
8 CCR
1507-25 AS APPROPRIATE. In addition to this
rule, any person who transports hazardous materials as defined in
49 CFR
171.8 and §
42-20-103
(3), CRS, and/or nuclear materials as defined
in §
42-20-402 (3) (a)
- (c), CRS, must operate consistent with
8 CCR
1507-25, the CSP Rules and Regulations Concerning the
Permitting, Routing, and Transportation of Hazardous and Nuclear Materials and
the Intrastate Transportation of Agricultural Products in the State of
Colorado.
2.2.
APPROVAL OF
TEMPORARY RULE VARIANCE(S). Provided a variance is not in violation of
§
42-4-235, CRS, the CSP Motor
Carrier Safety Section (MCSS) may consider and grant requests of intrastate
commercial motor carriers for temporary variances from these rules.
MCS 3: GENERAL DEFINITIONS. The following definitions apply throughout these rules unless otherwise specified. Definitions relevant to these rules are found in Title 49 of the Code of Federal Regulations. These definitions are amended to maintain consistency with the Colorado Revised Statutes as necessary.
3.1.
Action:
Consistent with §
24-4-102 (1),
CRS, and as used within these rules, an action includes the whole or any part
of any agency rule, order, interlocutory order, license, sanction, relief or
the equivalent or the denial thereof, or failure to act.
3.2.
Aggrieved: Consistent with
§
24-4-102 (3.5), CRS, and as may be
used in connection with judicial review of rule-making, means having suffered
actual loss or injury or being exposed to potential loss or injury to
legitimate interests including but not limited to, business, economic,
aesthetic, governmental, recreational, or conservational interests.
3.3.
CDL: Commercial Driver's
License.
3.4.
CDOR:
Colorado Department of Revenue.
3.5.
CDOT: Colorado Department
of Transportation.
3.6.
CDPS: Colorado Department of Public Safety.
3.7.
CFR: Code of Federal
Regulations.
3.8.
Chief: The Chief of the Colorado State Patrol, or his or her
designee as appropriate, unless otherwise specified.
3.9.
Civil Penalty: A financial
penalty imposed on a motor carrier by the Colorado State Patrol after a
Compliance Review for violations of rules adopted by the Chief consistent with
§
42-4-235 (4) (a)
(I), CRS.
3.10.
Civil Penalty Process: The
process and procedures to collect Civil Penalties issued by the CSP for
violations of §
42-4-235 (4) (a),
CRS, under the authority provided by §
42-4-235 (2)(a),
CRS, and determined consistent with the provisions of Subpart G of
49 CFR
386 as codified within §
42-4-235 (2) (b)
(I), CRS.
3.11.
Commercial Vehicle: The
definition of commercial vehicle will be as outlined in §
42-4-235 (1) (a),
CRS.
3.12.
Compliance
Review: An examination of motor carrier operations, such as driver's
hours-of-service, maintenance and inspection, driver qualifications, CDL
requirements, financial responsibility, accidents, hazardous materials, and
other safety and transportation records to determine whether a motor carrier
meets safety fitness standards.
3.13.
Conditional Safety Fitness
Rating: Indicates that a motor carrier does not have adequate safety
management controls in place to ensure compliance with the safety fitness
standards that could result in the occurrences listed in
49 CFR
385.5.
3.14.
CRS: Colorado Revised
Statutes.
3.15.
CRU:
Colorado State Patrol Central Records Unit.
3.16.
CSP: Colorado State
Patrol.
3.17.
CVSA:
Commercial Vehicle Safety Alliance.
3.18.
Decision: As used within
these rules, means the determinative action in adjudication and includes order,
opinion, sanction, and relief.
3.19.
Enforcement Official: The
definition of an Enforcement Official will be as it is defined by §§
16-2.5-101,
16-2.5-114,
16-2.5-115, and
16-2.5-143, and as outlined in
§
42-20-103 (2),
CRS.
3.20.
FMCSA:
Federal Motor Carrier Safety Administration.
3.21.
FMCSR: Federal Motor
Carrier Safety Regulations.
3.22.
GCWR: Gross Combined Weight Rating.
3.23.
GVWR: Gross Vehicle Weight
Rating.
3.24.
Initial
Decision: As it applies to the assessment of civil penalties or the
assignment of Safety Fitness Ratings under these rules, reflects a decision
that will become a final agency action of the CSP unless administratively
reviewed by the CSP at the request of a motor carrier consistent with these
rules.
3.25.
Interested
Person: Includes any persons who may be aggrieved by agency
action.
3.26.
LLC:
Limited Liability Company or Limited Liability Corporation.
3.27.
MCSS: Colorado State
Patrol Motor Carrier Safety Section.
3.28.
Motor Carrier: The
definition of a motor carrier will be as it is outlined in §
42-4-235 (1) (c),
CRS.
3.29.
MOU:
Memorandum of Understanding.
3.30.
Notice of Claim Letter (NOC): As it is used within these rules, a
written order informing a motor carrier of its Civil Penalty Assessment, the
rights associated with the penalty, and the process for responding to the
penalty.
3.31.
OOS:
Out-of-Service.
3.32.
PUC: Colorado Public Utilities Commission.
3.33.
Sanction: Includes any
prohibition, requirement, limitation, or other condition affecting the freedom
of any person. Sanction also applies to the imposition of any form of penalty
or fine, including civil penalties as they are assessed consistent with state
statutes and these rules.
3.34.
Satisfactory Safety Fitness Rating: Indicates a motor carrier has
in place and functioning adequate Safety Fitness controls to meet the safety
fitness standard prescribed in
49 CFR
385.5. Safety Fitness controls are adequate
if they are appropriate for the size and type of operation of the motor
carrier.
3.35.
Served/Service: Indicates a NOC or other service document sent by
first class mail to the last address furnished to the MCSS by the motor carrier
or personally served on the motor carrier by a uniformed member of the CSP.
3.35.1. Service of an NOC or document by
first class mail is considered complete when it is mailed, not when it is
received.
3.36.
Unrated Safety Fitness Rating: Indicates a safety rating has not
been assigned to the motor carrier by the CSP.
3.37.
Unsatisfactory Safety Fitness
Rating: Indicates a motor carrier does not have adequate safety
management controls in place to ensure compliance with the safety fitness
standard, resulting in occurrences as listed in
49 CFR
385.5.
3.38.
USDOT Number: The number
assigned to a motor carrier by the FMCSA. The number can be for intrastate or
interstate use, depending on the information provided by the motor carrier to
the FMCSA at the time of an application submission, the biannual update, or any
other update to the motor carrier record.
MCS 4: AUTHORITY TO INSPECT VEHICLES, DRIVERS, CARGO, BOOKS, AND RECORDS. Authorized Enforcement Officials will at times have the authority to inspect commercial vehicles, commercial vehicle drivers, cargo, and any required documents consistent with Part MCS 4 of these rules.
4.1.
SAFETY INSPECTIONS. Enforcement Officials who are authorized to
perform motor vehicle safety inspections on commercial motor vehicles and
drivers are required to meet the inspector qualifications outlined in §
42-4-235 (4) (a)
(I), CRS, while performing CVSA North
American Standard Safety Inspections.
4.1.1.
All Enforcement Officials performing North American Standard Safety Inspections
must maintain the certification requirements prescribed in the current
published CVSA Operations Manual, effective April 1, 2024.
4.2.
AUTHORITY TO INSPECT.
Authorized Enforcement Officials have the authority to inspect commercial
vehicles, commercial vehicle drivers, cargo, and any required documents, as
such documents apply to motor vehicle or commercial vehicle transport by
8 CCR
1507-25 and/or as are outlined in 49 CFR, Subchapter
B, Parts 383, 387, 390, 391, 392, 393, 395, 396, 397, and 399, as revised
October 1, 2023.
4.3.
AUTHORITY TO CONDUCT COMPLIANCE REVIEWS AND SAFETY AUDITS. CSP
Enforcement Officials who are certified by the FMCSA under
49 CFR
385, Subpart C, to perform compliance reviews
and safety audits have the authority to enter the facilities of and inspect any
motor carrier, as defined in §42- 4-235 (1) (c), CRS. Inspection includes
the review of any required records and supporting documents as may apply
through 8
CCR 1507-25 and/or as they are identified and defined
in 49 CFR, Subchapter B, Parts 40 380, 382, 383, 385, 387, 390, 392, 393, 395,
397, 399, and Appendix A, revised October 1, 2023.
MCS 5: INSPECTION STANDARDS AND REPORTS. Through an MOU with the CVSA, dated October 21, 2022, the CSP adopts the standards and procedures established for the inspection of commercial vehicles, collectively known as the North American Uniform Driver/Vehicle Inspection.
5.1.
CVSA BYLAWS AS GENERAL INSPECTION
GUIDELINES. Authorized Enforcement Officials performing safety
inspections on commercial vehicles, drivers, and cargo will use as general
guidelines the levels, methods of inspections, and the OOS criteria found in
the CVSA bylaws, as they are revised and effective April 1, 2024.
5.2.
MINIMUM INFORMATION AND REPORT
DISPOSITION. Authorized Enforcement Officials will, upon the completion
of each inspection, prepare a report which, at minimum, identifies the
inspector, the inspector's agency, the name and address of the motor carrier,
the date and time of the inspection, the location of the inspection, the
vehicle, and the driver, any defects or violations found, and the disposition
of the vehicle. A copy of the inspection report will be provided to the driver
or motor carrier.
MCS 6: STATE ADOPTION OF FMCSR. All intrastate and interstate motor carriers, commercial vehicles, and drivers thereof, operating within Colorado must operate consistent with the safety regulations detailed within:
|
49 CFR 40 |
Procedures for Transportation Workplace Drug and Alcohol Testing Programs |
|
49 CFR 380 |
Special Training Requirements |
|
49 CFR 382 |
Controlled Substances and Alcohol Use and Testing |
|
49 CFR 387 |
Minimum Levels of Financial Responsibility for Motor Carriers |
|
49 CFR 390 |
Federal Motor Carrier Safety Regulations: General |
|
49 CFR 391 |
Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors |
|
49 CFR 392 |
Driving of Commercial Motor Vehicles |
|
49 CFR 393 |
Parts & Accessories Necessary for Safe Operation |
|
49 CFR 395 |
Hours of Service of Drivers |
|
49 CFR 396 |
Inspections, Repair, and Maintenance |
|
49 CFR 397 |
Transportation of Hazardous Materials, Driving and Parking Rules |
|
49 CFR 399 |
Employee Safety and Health Standards |
|
49 CFR 396 Appendix A to Subtitle B of Chapter III |
Minimum Periodic Inspection Standards |
of the FMCSA as the same were effective October 1, 2023, and published in Title 49 of the CFR, Subtitle B, Chapter III, Parts 200 through 399, with references therein, with modifications as are necessitated by state law and set forth by and within these rules:
6.1.
INTRASTATE COMMERCE
INCLUDED. Unless otherwise specified, all references to interstate
commerce by the FMCSR hereby adopted by these rules also include and apply to
intrastate commerce.
6.2.
ENTRY-LEVEL DRIVER TRAINING.
49 CFR
380.509 (a) is amended to
read: "Each employer must ensure each entry-level driver, who first begins
operating a commercial motor vehicle requiring a CDL under §
42-2-404, CRS, receives the
training required by 49 CFR
380.503."
6.3.
NEW ENTRANT SAFETY PROGRAM.
49 CFR
385.501 (b) and (c), through
385.505, and
385.319
(b) through
385.337 do not apply.
6.3.1.
49 CFR
385.309 through
385.319
(a), hereafter referred to collectively as
the Colorado Intrastate New Entrant Safety Assurance Program applies to
intrastate motor carriers who are beginning intrastate operations and are
required to obtain an intrastate USDOT number from the FMCSA.
6.3.2. Intrastate motor carriers can confirm
if they need a USDOT number and complete an intrastate application online by
going to
HTTPS://WWW.FMCSA.DOT.GOV/REGISTRATION/DO-I-NEED-USDOT-NUMBER.
6.3.3. All interstate motor carriers
beginning operations in Colorado must submit to a safety audit consistent with
49 CFR
385.3.
6.3.4. All intrastate motor carriers
beginning operations in Colorado are eligible for the Colorado Intrastate New
Entrant Safety Assurance Program. New intrastate carriers may schedule training
by contacting the MCSS. A prior interstate safety audit or compliance review
will meet the requirement for a safety audit.
6.4.
FINANCIAL RESPONSIBILITY
(INSURANCE) OF MOTOR CARRIERS. Under §
42-4-235 (4) (a)
(I), CRS, the financial responsibility and
insurance provisions of these rules do not apply to commercial vehicles
regulated by the PUC. Additionally, these same provisions do not apply to
commercial vehicles operated by river outfitters regulated by the Colorado
Department of Natural Resources, Division of Wildlife, under
2 CCR
405-3. These noted exceptions aside,
49 CFR
387.1 through
387.17,
387.303,
387.305, and
387.309 apply to the operation of
commercial vehicles in Colorado with the following exceptions:
6.4.1.
49 CFR
387.7 (e) and (g) do not
apply.
6.4.2.
49 CFR
387.9 (4) applies only to
interstate and foreign commerce.
6.4.3. Transportation carriers may obtain a
certificate of self insurance issued under §
42-7-501, CRS, or
49 CFR
387.
6.4.4. Motor carriers subject to these rules
must carry a minimum level of cargo liability coverage of $10,000 for loss or
damage to property carried on any one motor vehicle, or an amount adequate to
cover the value of the property being transported, whichever is less unless the
shipper and the property carrier otherwise agree by written contract to a
lesser amount.
6.5.
AMENDED GENERAL APPLICABILITY OF THE FMCSR.
49 CFR
390.3 (f), (1) - (2), and
(6) do not apply.
6.6.
AMENDED APPLICABILITY OF FMCSR
DEFINITIONS. The following definitions set forth within
49 CFR
390.5 are amended by these rules:
6.6.1. The definitions of "Commercial Motor
Vehicle" and "Motor Carrier" do not apply.
6.7.
AMENDED MOTOR CARRIER
IDENTIFICATION REQUIREMENTS.
49 CFR
390.19 (a) is amended to
read: "Each motor carrier that conducts operations in intrastate commerce must
apply for and receive an intrastate USDOT Number before beginning operations
within the state. The motor carrier is required to update this information
every 24 months."
6.7.1. USDOT numbers for
intrastate motor carriers are processed by the FMCSA.
6.7.2.
49 CFR
390.21 (b) is amended
through the addition of the following: "Intrastate carriers must mark their
vehicles with the assigned intrastate USDOT number, preceded by the letters
"USDOT" and followed by the suffix "CO" (e.g.: USDOT 1234567 CO)."
6.7.2.1. Motor carriers operating in
intrastate commerce, not transporting 16 or more passengers (including the
driver) or transporting placarded hazardous materials and having a GVWR or GCWR
equal to or over 16,001 lbs., but not in excess of 26,000 lbs., may meet the
marking requirements of 49
CFR 390.21 by marking the trailer or
secondary unit, if the GVWR of the self-propelled unit itself is less than
16,001 lbs.
6.7.2.2. In the
interests of public safety, intrastate motor carriers who operate as
repossessors as defined within §
42-6-146 (4),
CRS, are not subject to the marking requirements of
49 CFR
390.21.
6.8.
AGE OF DRIVERS OPERATING IN
INTERSTATE COMMERCE.
49 CFR 391.11 (b)
(1) is amended to read: "Is at least 21 years
old if engaged in interstate commerce or transporting hazardous materials of a
type or quantity that would require the vehicle to be marked or placarded under
49 CFR
177.823, except drivers operating interstate
under a waiver issued through the FMCSA Military Pilot Program, or any other
approved non-military extension thereof and as recognized consistent with
§
42-2-404 (4) (b),
CRS. All other drivers operating intrastate only must be at least 18 years of
age."
6.9.
AMENDING HOS AND
APPLICABILITY THEREOF. The HOS regulations set forth within
49 CFR
395 are amended as follows:
6.9.1. Public transit agency carriers and
their drivers operating in intrastate commerce may satisfy the requirements of
49 CFR
395.1 (e) (1) (ii) by either
meeting the existing regulation or by replacing
49 CFR
395.1 (e) (1) and (2) with
"the driver is released from work within 12 consecutive hours."
6.9.2.
49 CFR
395.3 and
395.5 do not apply to drivers of
either Colorado governmental vehicles or tow trucks working an emergency, as
defined in 49 CFR
390.
6.9.3.
49 CFR
395.3 does not apply to drivers who are
towing a vehicle from a public roadway at the request of a public officer or
for other law enforcement purposes.
6.9.4. Drivers transporting livestock,
poultry, slaughtered animals, or the grain, corn feed, hay, etc. used to feed
animals are eligible to use the agricultural operations exception in
49 CFR
395.1 (k).
6.9.5.
49 CFR
395.1 (k) is amended to
read: "Is conducted during the planting and harvesting seasons within Colorado
as determined by the Department of Agriculture to be from January 1 to December
31."
6.10.
REFERENCES TO FEDERAL AGENCIES TO INCLUDE STATE AGENCIES. All
references to federal agencies and authorized personnel are to be construed to
include the CSP, PUC, and other state or local enforcement agencies who have a
signed MOU with the CSP and their authorized personnel.
6.11.
FILING OF INFORMATION RELATED TO
FMCSR REPORTING REQUIREMENTS. All motor carrier and driving requirements
adopted by 8 CCR 1507-25 and/or referred to
in 49 CFR
40,
368,
380,
382,
383,
385,
387,
390,
391,
392,
393,
395,
396,
397, and
399 must be filed with or
delivered by mutually agreed upon methods upon request to the MCSS at 15075 S.
Golden Rd., Golden, CO., 80401.
6.12.
OTHER GENERAL EXCEPTIONS.
These rules and regulations apply to all vehicles meeting the definition of a
commercial vehicle outlined in §
42-4-235 (1) (a),
CRS, and drivers who meet the definition of "Driver" as described in
49 CFR
390.5, with the following exceptions:
6.12.1. Drivers of intrastate vehicles and
vehicle combinations having a GVWR or GCWR of not more than 26,000 lbs., not
requiring a CDL to operate, are not subject to
49 CFR
391, Subpart E, Physical Qualifications and
Examinations.
6.12.2. Vehicles
owned and operated by the federal government or state government or political
subdivision thereof not domiciled in Colorado, not transporting hazardous
materials of a type and quantity requiring the vehicle to be marked or
placarded under 49 CFR
172.504.
6.12.3. The operation of authorized emergency
vehicles, as defined in §
42-1-102 (6),
CRS, while in emergency and related operations.
6.12.4. The operation of snowplows, as
defined in §
42-1-102 (91),
CRS, and all other vehicles engaged in supporting the use thereof when
snowplows are removing snow/ice from the roadway or engaged in related snow/ice
removal operations.
MCS 7: TRACTION DEVICES ARE REQUIRED. Drivers operating a commercial vehicle as defined in CDOT Rule 2 CCR 601-14, except for mobile cranes, operating on Interstate 70 between mileposts 133 and 259 between September 1st and May 31st must carry tire chains consistent with the requirements detailed within § 42-4-106 (5) (a) (I), CRS. Alternative Traction Devices (ATDs), including tire cables, may also be used as defined and as use is consistent with 2 CCR 601-14.
MCS 8: INTRASTATE MEDICAL WAIVERS. MCSS may grant variances/waivers to drivers unable to satisfy the requirements of 49 CFR 391, Subpart E, consistent with these rules.
8.1.
APPROVAL OF MEDICAL
WAIVERS. Individual applications requesting a variance/waiver of
specific requirements may be approved when the approval of a variance/waiver is
supported by the decisions of a certified medical examiner and the documented
determination of an appropriate medical professional, combined with the
satisfaction of any applicable performance standards which support a decision
that a medical condition has no adverse impact on safety.
8.2.
MEDICAL WAIVER INFORMATION
AVAILABLE ONLINE. Medical waiver requirements, submission information,
and other relevant documents are available online at
HTTPS://CSP.COLORADO.GOV/MEDICAL-WAIVERS.
Medical waiver applications may also be requested in person by fax or by US
mail from the MCSS office. Additional questions concerning the Colorado CDL
Medical Waiver Program may be directed to the MCSS by phone at (303)
273-1875.
8.3.
WRITTEN NOTICE
OF TERMS AND CONDITIONS. Medical waiver cardholders are provided written
notice of relevant program terms and conditions at the time of card approval
and subsequent renewal(s).
8.4.
DENIAL OF MEDICAL WAIVER APPLICATION. An application for a medical
waiver may be denied if:
8.4.1. The applicant
does not currently possess or is not in the process of attaining a state of
Colorado CDL.
8.4.2. The applicant
has a medical condition for which a waiver or variance is not available;
or
8.4.3. Either the certified
medical examiner or the medical professional fails to complete or certify the
required medical waiver form(s).
8.4.4. Denial of a medical waiver application
will be by written notice from the MCSS.
8.4.4.1. Medical waiver applications denied
as a result of incomplete, insufficient, or ineligible information may be
resubmitted at the convenience of an applicant upon correction, completion, or
meeting requirements of eligibility without prejudice.
8.5.
APPEAL OF MEDICAL
WAIVER DENIAL. Both new and renewal medical waiver applicants have
rights of appeal in the event of application denial.
8.5.1. Where after review of an application
and consideration of relevant motor vehicle operation data available to the CSP
at the time of application receipt the CSP decides to deny a request for a
medical waiver, an applicant may request a hearing appealing the denial within
60 days.
8.5.2. Upon review of
relevant motor vehicle operation data available to the CSP at the time of
receipt of paperwork to re-issue a medical waiver to an individual having an
expired or expiring waiver, the CSP may deny to renew or re-issue a medical
waiver if the CSP determines that to re-issue a medical waiver to an individual
does not promote safety, protect human life, or preserve the highways of this
state. An applicant seeking renewal of an existing or expiring medical waiver
may appeal this decision. The denial of an application for re-issue or renewal
of a medical waiver to an individual based on relevant motor vehicle operation
data available to the CSP at the time of the receipt of paperwork is entitled
to the same appeal rights as a waiver revocation as set forth within Part 8.6
of these rules.
8.6.
MEDICAL WAIVER REVOCATION. A medical waiver may be revoked where
the CSP determines that issue of a waiver to a driver does not promote safety,
protect human life, or preserve the highways of this state.
8.6.1. A medical waiver may be revoked by the
CSP when a waiver holder fails to comply with the applicable terms and
conditions of the CSP Medical Waiver Program.
8.6.2. A medical waiver may be revoked by the
CSP when it is determined that based on relevant motor vehicle operations data
available to the CSP, the continued use of the waiver by a holder fails to
promote safety, protect human life, or preserve the highways of this
state.
8.6.3. Revocation of any
medical waiver will be by written notice from the MCSS consistent with §
24-4-104, CRS.
8.7.
RIGHT TO HEARING UPON MEDICAL
WAIVER REVOCATION. The MCSS will provide the waiver holder an
opportunity to attend a hearing. Notice of this hearing will be in writing and
will provide the waiver applicant with at least 30 Days notice of the time,
date, place, and nature of the hearing. Notice will be served in person or by
certified mail or, upon agreement of the parties, by email.
8.8.
RIGHT TO APPEAL MEDICAL WAIVER
REVOCATION. Within 30 days of the completion of a hearing or the failure
of the waiver holder to file a written answer in response thereto, the Chief or
his or her designee will issue a decision either affirming the revocation or
reinstating the medical waiver. Within 30 days of receiving written notice from
the MCSS revoking a medical waiver, the aggrieved holder of a medical waiver
may submit an exception or appeal. Additionally:
8.8.1. Appeal requests must be made in
writing.
8.8.2. Appeal requests
must be addressed to the Chief at the MCSS at 15075 S. Golden Rd., Golden, CO.,
80401.
8.8.3. The Chief will hold a
hearing on the appeal.
8.8.4. The
Chief will issue a written decision within 20 business days of the completed
hearing. Notice of the decision will be served in person or by certified mail
to the last known address provided for the appealing party. Upon agreement of
the parties, service may also occur by email.
8.8.4.1. If the Chief finds by preponderance
of the evidence that evidence of non-compliance and/or ineligibility is
sufficient, revocation of the medical waiver will be sustained.
8.8.4.2. If the Chief finds by preponderance
of the evidence that evidence of non-compliance and/or ineligibility is
insufficient, the revocation of the medical waiver will be immediately
reversed, and the medical waiver will be reinstated.
8.8.5. The decision of the Chief on appeal
will constitute a final agency action and is subject to judicial review as
outlined in §
24-4-106, CRS.
MCS 9. COMPLIANCE REVIEWS AND THE ASSIGNMENT OF INTRASTATE SAFETY FITNESS RATINGS. § 42-4-235 (2) (c), CRS, gives the CSP the exclusive authority to conduct Compliance Reviews. Out of this exclusive authority arises the ability to assign Safety Fitness Ratings to motor carriers and the responsibility to levy sanctions in the form of Civil Penalties for violations against persons for operating commercial vehicles inconsistent with these rules.
9.1.
EXCLUSIVE AUTHORITY TO CONDUCT COMPLIANCE REVIEWS.
§
42-4-235 (2) (c),
CRS, gives the CSP exclusive authority to conduct Compliance Reviews, as
defined in 49 CFR
385.3, and to impose Civil Penalties pursuant
to such reviews. Only authorized CSP Enforcement Officials have the authority
to conduct Compliance Reviews.
9.2.
APPLICATION OF INTRASTATE CARRIER SAFETY RATINGS. The CSP will
establish a Safety Fitness Rating for each motor carrier upon which it conducts
a Compliance Review. Upon completion of a Compliance Review, the CSP will
assign a proposed Safety Fitness Rating that will be based on the degree of
compliance with the federal motor carrier Safety Fitness Standards for motor
carriers outlined in 49 CFR
385.5.
9.2.1. The Safety Fitness Rating will be
determined using the factors prescribed in
49 CFR
395.7 as guidance. A motor carrier may
determine their degree of compliance with the Safety Fitness Standard by
reviewing 49 CFR
385.5.
9.2.2. On the 61st
day after the assignment of a proposed Safety Fitness Rating, the motor
carrier's Safety Fitness Rating will become the final Safety Fitness
Rating.
9.2.3. The final Safety
Fitness Rating for an intrastate motor carrier will be available to the public
on request by contacting the CSP CRU at:
Colorado State Patrol, Central Records Unit
700 Kipling St.
Lakewood, CO., 80215
(303) 239 - 4180
HTTPS://CSP.COLORADO.GOV/TALK-WITH-US/CENTRAL-RECORDS-UNIT
EMAIL: CDPS_CSPRECORDS@STATE.CO.US
9.3.
ADMINISTRATIVE REVIEW OF SAFETY
FITNESS RATING. If a motor carrier believes the CSP committed an error
in assigning its' Safety Fitness Rating, the motor carrier may request an
administrative review of the Compliance Review that resulted in the assignment
of the disputed Safety Fitness Rating. The request from the motor carrier must
comply with the following provisions:
9.3.1.
The request must be in writing and addressed to the Chief within 30 days of the
assignment of the proposed Safety Fitness Rating.
9.3.2. The request must explain the error the
motor carrier believes the CSP committed in issuing the Safety Fitness Rating.
The motor carrier must include a list of all factual and procedural issues in
dispute and any information or documentation that supports its
assignment.
9.3.3. The Chief may
request more information and/or require the motor carrier to attend a
conference to discuss the rating. If the motor carrier does not provide the
information request or attend the conference, the Chief may dismiss the
request.
9.3.4. The Chief will
serve the decision in writing within 30 days of receiving the
request.
9.3.5. The proposed Safety
Fitness Rating will remain as a proposed Safety Fitness Rating until the
decision of the Chief.
9.3.6. The
decision of the Chief will include the assignment of a final Safety Fitness
Rating. The decision will constitute a final action by the CSP.
9.4.
MOTOR CARRIER REQUEST
TO CHANGE SAFETY FITNESS RATING FOR CORRECTIVE ACTION(S). An intrastate
motor carrier may request a change to their Safety Fitness Rating based on
corrective actions completed by the motor carrier. A request to change a Safety
Fitness Rating based on corrective action(s) cannot be made by a motor carrier
and will not be acted upon by the CSP sooner than 90 days after the assignment
of a proposed Safety Fitness Rating. The request must be submitted in writing
and addressed to the Chief. The request must include the following information
as it is relevant to the motor carrier:
9.4.1.
A description of corrective action(s) taken by the motor carrier since the
assignment of the Safety Fitness Rating.
9.4.2. A description of how the corrective
action(s) address(es) each violation identified in the most recent Compliance
Review as an acute and/or critical violation. The motor carrier must also
address factor six (crashes) of the Compliance Review when the rating entered
for factor six is "unsatisfactory."
9.4.3. An explanation as to why the
violation(s) cited as acute and/or critical were permitted to occur.
9.4.4. The corrective action(s) taken by the
motor carrier to ensure against these critical and/or acute violations in the
future.
9.4.5. If factor six
(crashes) is rated unsatisfactory, an accident countermeasure program must be
included as part of the corrective action(s) addressed. The program must
include, but not be limited to defensive driving training.
9.4.6. If the corrective action(s) include(s)
action(s) to be taken shortly, such as training, reorganization of departments,
purchasing of computer programs, etc., a schedule of when the corrective
action(s) is to occur must be included.
9.4.7. Any additional documentation or
information that relates to motor carrier safety, additional voluntary
corrective action(s), and the prevention of crashes and hazardous materials
incidents must be included.
9.4.8.
A written statement certifying that the motor carrier will operate in
compliance with the motor carrier safety and hazardous materials regulations
adopted by the CSP under §§
42-4-235 and
42-20-108, CRS, and all other
relevant state and local laws.
9.4.9. The request must be signed by a
corporate officer in the case of a corporation, a member or manager in the case
of an LLC, by the general partner of a limited partnership, or by all partners
or proprietors in the case of a general partnership or
proprietorship.
9.5.
MOTOR CARRIER REQUEST TO CHANGE SAFETY FITNESS RATING THROUGH COMPLIANCE
REVIEW. A motor carrier may request a change in their Safety Fitness
Rating by requesting a subsequent Compliance Review, as follows:
9.5.1. The request for a subsequent
Compliance Review must be made to the Chief in writing.
9.5.2. The request cannot be made by the
motor carrier and will not be acted upon by the CSP sooner than 90 days after
the assignment of a proposed Safety Fitness Rating.
9.5.3. As part of the subsequent Compliance
Review, a Compliance Review Investigator will review the corrective action(s)
taken by the motor carrier since the last Compliance Review.
9.6.
REQUEST FOR AN
ADMINISTRATIVE REVIEW/COMPLIANCE REVIEW DOES NOT PREEMPT REQUESTS FOR OTHER
ADMINISTRATIVE/COMPLIANCE REVIEWS. Requesting a review of a Safety
Fitness Rating under Part 9.3 of these rules will not prevent a motor carrier
from requesting a review of the same Safety Fitness Rating under Parts 9.4 or
9.5 of these rules. Conversely, a request to review initially under Part 9.4
will not preempt subsequent requests under Parts 9.3 or 9.5 nor will an initial
request to review under Part 9.5 prohibit subsequent requests to review under
Parts 9.3 or 9.4.
9.7.
FINAL
SAFETY FITNESS RATING ASSIGNMENT. Absent any request from a motor
carrier to administratively review a Compliance Review resulting in the
assignment of a Safety Fitness Rating or any other request to change a Safety
Fitness Rating from a motor carrier, a Safety Fitness Rating becomes final on
the 91ST day following its assignment.
MCS 10. COMPLIANCE REVIEWS AND CIVIL PENALTIES. Under § 42-4-235 (2) (c), CRS, the CSP has the exclusive enforcement authority to conduct Compliance Reviews as defined in 49 CFR 385.3 and to impose sanctions on motor carriers in the form of Civil Penalties for violations discovered as a result thereof. § 42-4-235 (2) (a), CRS, provides that any person who violates the rules adopted by the Chief under § 42-4-235 (4) (a), CRS, is subject to the Civil Penalties authorized by 49 CFR 386, Subpart G. § 42-4-235 (2) (a), CRS, authorizes the assessment of Civil Penalties against intrastate motor carriers determined to be operating in violation of these rules.
10.1.
DETERMINATION OF CIVIL PENALTY ASSESSMENT. The amount of a Civil
Penalty Assessment against an intrastate motor carrier is influenced by the
Civil Penalties authorized by
49 CFR
386 Subpart G, as it is codified into §
42-4-235 (2) (a),
CRS. The following criteria are factors included in the determination of any
intrastate Civil Penalty Assessment:
10.1.1.
SCOPE OF REVIEW MAY NOT EXCEED 3 YEARS. Consistent with §
42-4-235 (2) (b)
(II), CRS, an authorized CSP Enforcement
Official will not consider more than three years of a motor carrier's safety
compliance history when determining a Civil Penalty Assessment.
10.1.2.
APPLICABILITY OF
49 CFR
386 SUBPART G TO INTRASTATE MOTOR
CARRIERS. As codified into law through §
42-4-235 (2) (b)
(I), CRS,
49 CFR
386 Subpart G applies to the determination of
Civil Penalties assessed against intrastate motor carriers thus that:
10.1.2.1. The determination of an intrastate
motor carrier Civil Penalty may include consideration of the nature and gravity
of the violation(s) identified, the degree of culpability, and such other
matters as justice and public safety may require.
10.1.2.2. The Civil Penalty Fine Schedules
detailed within Appendices A and B to Subpart G of
49 CFR
386 are codified as a result of §
42-4-235 (2) (a),
CRS. These fine schedules provide guidance and support for the determination
and calculation of Civil Penalty Assessments. The Civil Penalty Fine Schedules
of Appendices A and B to Subpart G of
49 CFR
386 are incorporated into these rules as is
consistent with §
42-4-235 (2) (a),
CRS.
10.1.2.3. Provisions of
49 CFR
386 Subpart G relating the amount of a Civil
Penalty Assessment to the ability of a motor carrier to pay the assessment are
explicitly excluded and are not considered when determining or assessing a
Civil Penalty against an intrastate motor carrier.
10.1.2.4. The intrastate operation of
implements of husbandry is exempted from and are not subject to the Civil
Penalties that may be assessed under §
42-4-235 (2) (a),
CRS. §
42-4-235 (2) (a),
CRS, does not repeal, preempt, or negate any existing regulatory agricultural
exemption that is extended to any vehicle operated intrastate consistent with
§
42-4-235 (2) (b)
(III), CRS.
10.2.
NOTICE OF CIVIL PENALTY
ASSESSMENT (NOC). A Compliance Review may or may not result in the
assessment of a Civil Penalty for violations discovered during a Compliance
Review. If a Civil Penalty is assessed upon the completion of a Compliance
Review, written notification of a Civil Penalty assessment will be served on a
motor carrier in the form of a NOC.
10.3.
MOTOR CARRIER RESPONSE TO CIVIL
PENALTY NOC REQUIRED. A motor carrier must respond to the MCSS within 30
days of service of the NOC on the carrier by either:
10.3.1. Paying the full amount of the Civil
Penalty as instructed in the NOC; or
10.3.2. Submitting a written request for a
payment plan to the Commander of the MCSS; or
10.3.3. By submitting a written response
requesting an administrative review of the Civil Penalty Assessment.
10.4.
MOTOR CARRIER REQUESTS
FOR ADMINISTRATIVE REVIEW OF CIVIL PENALTY ASSESSMENTS. If a motor
carrier believes the CSP committed an error in the determination or assessment
of a Civil Penalty, a motor carrier may request an administrative review. The
following provisions apply to the administrative review process:
10.4.1. A request for an administrative
review of a Civil Penalty Assessment must be in writing and addressed to the
Chief within 30 days of the service of the NOC.
10.4.2. A request must explain the error the
motor carrier believes the CSP committed in determining or assessing the Civil
Penalty. The written request must include a list of issues in dispute and any
supporting information or documentation.
10.4.3. The Chief or his or her designee may
request additional information and/or request the motor carrier to attend an
administrative review conference to discuss the penalty. A motor carrier must
respond within 30 days of any request for additional information and will
receive at least 30 Days' notice of any scheduled administrative review
conference. Notice will be in person, by certified mail, or upon the agreement
of the parties, by email.
10.4.4.
The Chief or his or her designee will serve the motor carrier with a written
decision within 30 days after the Chief or his or her designee has determined
the administrative record is complete. An administrative record will not be
determined complete before the end of any request or review conference and
response period extended by the CSP to the motor carrier through 10.4.3.
10.4.4.1. The failure of a carrier to provide
additional information as requested under 10.4.3. for purposes of an
administrative review will be construed to mean the motor carrier has submitted
their complete response.
10.4.5. Within 30 days after service of the
written decision of the Chief or his or her designee, a motor carrier may
appeal a Civil Penalty Assessment. Appeals must be in writing and addressed to
the Chief. Additionally, appeals of civil penalties following an administrative
review must:
10.4.5.1. Be mailed to the
Colorado State Patrol Motor Carrier Safety Section.
10.4.5.2. Include a copy of the letter
outlining the decision reached by the administrative review completed by the
Chief or his or her designee.
10.4.5.2. A statement specifically outlining
the error the motor carrier believes the Colorado State Patrol made in its
sanctioning of the motor carrier, either in the determination of the violations
or the assessment of the Civil Penalty.
10.4.5.3. A list of any issues stipulated to,
resolved, or upon which agreement was reached during the administrative review
process.
10.4.5.4. A list of any
issues upon which agreement was not reached and remained in dispute or that the
motor carrier finds to be in error despite the administrative review
process.
10.4.5.5. Whether the
motor carrier is appealing the civil penalty in whole or in part and any legal
documentation or authority available supporting or substantiating the motor
carrier's position; and
10.4.5.6.
Whether the motor carrier requests that the hearing be presided over by an
Administrative Law Judge from the Office of Administrative Courts
instead of the Chief of the CSP or his or her designee.
10.4.6. Absent a specific request otherwise,
the Chief of the CSP or his or her designee may preside over a hearing
appealing a Civil Penalty after an administrative review. The Chief or his or
her designee may withdraw and request an Administrative Law Judge from the
Office of the Administrative Courts to be assigned and continue the hearing
unless the withdrawal of the Chief or his or her designee would make it
impossible for the CSP to render a decision.
10.4.7. The Chief or the Administrative Law
Judge will serve the parties with a written decision within 30 days after the
Chief or the Administrative Law Judge has determined that the administrative
hearing record is complete. Notice will be in writing and be made in person, or
by certified mail, or by email upon agreement of the parties. This written
decision will constitute a final agency action.
10.4.8. The motor carrier has 35 days from
the date of A final agency decision to file an action in an appropriate
district court under §
24-4-106 (4),
CRS.
10.5.
MOTOR
CARRIER FAILURE TO RESPOND OR COOPERATE. A Motor carrier who fails to
cooperate with the completion of a Compliance Review or who fails to pay in
full a Civil Penalty assessed consistent with these rules and §
42-4-235 (2),
CRS, is subject to additional statutory action.
10.5.1. Under §
42-4-235 (2) (d)
(I), CRS, the MCSS will forward to the CDOR
the information of any motor carrier who does not cooperate with a request for
a Compliance Review or who fails to pay a Civil Penalty Assessment in full 30
days subsequent notice of failure of a specified motor carrier to cooperate or
pay.
10.5.2. The CDOR will take
action against a motor carrier as authorized and required under §
42-3-120, CRS.
MCS 11. INFORMATION ON THESE RULES. All contact with the CSP concerning these rules or their applicability should be addressed to:
Colorado State Patrol
Motor Carrier Safety Section
15075 S. Golden Rd.
Golden, CO., 80401-3990
(303)-273-1875 (Office)
(303)-273-1939 (Fax)
MCSAP@STATE.CO.US
MCS 12. INFORMATION MAINTENANCE AND REFERENCE OF PUBLICATIONS, STANDARDS, GUIDELINES AND RULES. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules are on file and available for public inspection. These rules are available upon request from the MCSS AT 15075 S. Golden RD., Golden, CO., 80401-3990, during regular business hours and are also available online through the CDPS Rulemaking Information Website, HTTPS://PUBLICSAFETY.COLORADO.GOV/GET-INVOLVED/RULES-AND-REGULATIONS.
12.1.
AVAILABLE FOR PUBLIC INSPECTION
AND REFERENCED CONSISTENT WITH STATUTE. All publications, standards,
guidelines, and rules adopted and incorporated by reference by these rules are
available for examination at any state publications depository as required by
§
24-4-103 (12.5), CRS. The
following publications, standards, guidelines, and rules are adopted as each
are amended by and within these rules and as is consistent with §
24-4-103 (12.5), CRS. References
here follow:
12.1.1. Commercial Vehicle
Safety Alliance (2024), North American Standard Out-of-Service Criteria (OOSC).
April 1, 2024. Greenbelt, MD: Author.
12.1.2. Federal Motor Carrier Safety
Regulations, 49 CFR
40,
380,
382,
383,
385,
387,
390,
391-397,
399, and Appendix A (October 1,
2023). This information is also available online through the FMCSA website,
HTTPS://WWW.FMCSA.DOT.GOV/REGULATIONS.
12.1.3. Federal Motor Carrier Safety
Regulations, 49 CFR
386, Subpart G, and Appendices A and B
thereto as codified by §
42-4-235 (2) (a),
CRS. Appendices A and B to Subpart G of
49 CFR
386 may be found online through the FMCSA
website, HTTPS://WWW.FMCSA.DOT.GOV/REGULATIONS.
12.2.
MAINTENANCE OF
COPIES. The CSP will maintain complete texts of each of the
publications, standards, and guidelines referenced herein and these
rules.
12.3.
AVAILABILITY OF
COPIES. Interested parties may access information about referenced
documents free of charge online. Interested parties may also inspect the
referenced materials and/or obtain copies of any referenced publications,
standards, or guidelines for a reasonable fee by contacting the CSP CRU. Copies
of referenced publications, standards, and guidelines may also be available
from the organizations or agencies of their origin.
12.3.1. Commercial Vehicle Safety Alliance
(CVSA), 6303 Ivy Lane, Suite 310, Greenbelt, Maryland, 20770-6319. Phone:
(301)-830-6143. Email: CVSAHQ@CVSA.ORG.
12.3.2. Federal Motor Carrier Safety
Administration (FMCSA), 1200 New Jersey Ave., SE, Room W-65-206, Washington,
DC, 20590. Phone: 1 (800)-832-5660. Website: WWW.FMCSA.DOT.GOV.
MCS 13. SEVERABILITY. If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference.
MCS 14. EFFECTIVE DATE. The effective date of these rules is April 1, 2024.
Notes
Entire rule eff. 08/30/2007.
Rules I, II, III, IV, V, VI eff. 04/30/2008.
Rules II, IV, V, VI eff. 03/02/2009.
Rules III (B), IV (C) eff. 05/30/2009.
Entire rule emer. rule eff. 08/05/2009.
Entire rule eff. 10/30/2009.
Entire rule eff. 04/30/2010.
Entire rule eff. 04/30/2011.
Entire rule eff. 04/30/2012.
Entire rule eff. 04/30/2013.
Entire rule eff. 04/01/2014.
Entire rule eff. 04/01/2015.
Entire rule eff. 03/30/2016.
Entire rule eff. 04/30/2017.
Rules III, IV.B, V.A, V.C, VI.B.2.a, VI.B.4.a, VI.B.5.b.iv, VII.B eff. 03/17/2018.
Entire rule eff. 03/17/2019.
Rules III, IV, V.A-V.A.4, V.A.16, V.B.4, VII.A, VII.B.2.h, VII.B.4.b.iv, VIII.B.1.a-b, VIII.B.2 eff. 04/01/2020.
Entire rule eff. 04/01/2021.
Rules 4.2, 4.3, 5.1, MCS 6, 9.6.5, 9.7.3, 9.10.1, 9.12.3, 9.16, MCS 11, 11.1.1, 11.1.2, 11.3.1 eff. 04/01/2022.
Entire rule eff. 03/31/2023.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.