HMR 4.12 - HAZARDOUS MATERIALS PARKING REGULATIONS AND ORDINANCES

The approval criteria set forth by these rules herein apply only to those parking regulations and ordinances submitted by local governmental jurisdictions that affect vehicles transporting hazardous materials operating in conjunction with the use of a designated hazardous materials route or routes. Local governmental jurisdictions requiring approval of parking regulations or ordinances under section 42-20-302, CRS, must submit a copy of the proposed regulations or ordinances to the CSP Hazardous Materials Section for review consistent with these rules.

HMR 4.12.1 MUST NOT UNREASONABLY LIMIT PARKING. For purposes of these rules, parking regulations or ordinances may be deemed to unreasonably limit parking of vehicles transporting hazardous materials when they are at variance with and more stringent than the regulations of the United States Department of Transportation published in 49 CFR 397, as revised October 1, 2023. Parking regulations or ordinances adopted by local governmental jurisdictions according to the authority provided in § 42-20-302 (2), CRS, as it is amended, must not unreasonably limit parking:

HMR 4.12.1.1 On or near a designated hazardous materials route;

HMR 4.12.1.2 To pick up or deliver hazardous materials;

HMR 4.12.1.3 In an emergency, i.e., breakdown or accident; or

HMR 4.12.1.4 For a rest stop, i.e., meals, restroom breaks, or to comply with the driver's hours of service requirements as they are defined in 49 CFR 395, revised October 1, 2023.

HMR 4.12.2 NO SPECIAL PAYMENT OR PERMIT IS REQUIRED. No parking regulation or ordinance will require a permit or payment of a fee for parking which is necessary and incident to the transportation of hazardous materials on or near a hazardous materials route. This provision does not apply where fees are collected from all motor vehicles, regardless of the type of commodity being transported, i.e., metered parking.

Notes

HMR 4.12

38 CR 05, March 10, 2015, effective 4/1/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 05, March 10, 2016, effective 3/30/20167 40 CR 07, April 10, 2017, effective 4/30/2017 41 CR 04, February 25, 2018, effective 3/17/2018 42 CR 04, February 25, 2019, effective 3/17/2019 43 CR 05, March 10, 2020, effective 4/1/2020 44 CR 05, March 10, 2021, effective 4/1/2021 45 CR 05, March 10, 2022, effective 4/1/2022 46 CR 03, February 10, 2023, effective 3/31/2023 47 CR 05, March 10, 2024, effective 4/1/2024