1 CCR 209-1 REGULATION SERIES 100 Reserved [Eff. 03/30/2009] REGULATION SERIES 200 Reserved REGULATION SERIES 300 Reserved REGULATION SERIES 400 RULES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS [Eff. 03/30/2009] Definitions
Tandem Axle Two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle, all of which are in contact with the ground. If only one of a set of multiple axles is in contact with the ground, the configuration is not a tandem axle until it is actually used as such.
Cargo The goods carried as freight by a commercial vehicle.
Specialized Automobile Transporter Any vehicle combination designed and used specifically for the transport of assembled highway vehicles, including truck camper units. The specialized automobile transporter will be designed to carry vehicles on the power unit behind the cab or on an over-cab rack.
Load Transference Device. Such device shall be permanently attached to the rear of another vehicle and shall be validly registered. In order to be considered a load transference device and therefore a separate vehicle, no such vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles. Such vehicle shall not be capable of hauling any portion of a load upon itself but shall be designed and utilized for transference of a portion of the total gross weight of another vehicle/load onto itself.
Wheel and Axle Loads § 42-4-507(3)(a) C.R.S. applies to vehicles using a single drive-axle configuration that are not operating on an interstate highway. Vehicles equipped with a self-compactor and used solely for the transporting of trash are not afforded the relief found in § 42-4-507(3)(a) C.R.S. if they are equipped with a tandem drive-axle configuration but not using the tandem drive-axle configuration. Vehicles equipped with but not using a tandem drive-axle configuration will be governed by the axle weight limitations provided in § 42-4-507(2)(b).
Vehicles equipped with a self-compactor and used solely for the transporting of trash that are equipped with and using a tandem drive-axle must comply with § 42-4-507(2)(c) C.R.S.
Any vehicle that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the auxiliary power or idle reduction technology unit, up to 400 lbs., exempted from the calculation of actual axle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove: By written certification, the actual weight of the APU; and
By demonstration or certification, that the idle reduction technology is fully functional at all times.
Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified whichever is less. Any over-the-road bus, or any vehicle which is regularly and exclusively used as an intrastate public agency transit passenger bus, is excluded from the axle weight limit found in § 42-4-507(2)(b), C.R.S.
Gross Vehicle Weight The legal gross weight limit for a vehicle or combination of vehicles, as stated in § 42-4-508 C.R.S., shall be determined by the actual number of axles in contact with the road surface.
Where a vehicle in a combination of vehicles, does not carry at least 10 percent of the overall gross weight of the combination of vehicles as required in § 42-4-508(1)(c)(IV) C.R.S., the legal gross weight limit will be determined by the single vehicle weight limits found in § § 42-4-508(1)(a)(II), 42-4-508(1)(a)(III), 42-4-508(1)(b), 42-4-508(1)(c)(I), 42-4-508(1)(c)(II), or 42-4-508(1)(c)(III) C.R.S., as determined by the number of axles utilized by the vehicle and the route traveled.
Any vehicle that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the auxiliary power or idle reduction technology unit, up to 400 lbs., exempted from the calculation of actual gross vehicle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove: By written certification, the actual weight of the APU; and
By demonstration or certification, that the idle reduction technology is fully functional at all times.
Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified whichever is less. Vehicle Width
Vehicle components not excluded by law or regulation shall be included in the measurement of the width of commercial motor vehicles.
The following shall be excluded from the measured width of commercial motor vehicles, as applicable: Rear view mirrors, turn signal lamps, handholds for cab entry/egress, splash and spray suppressant devices, load induced tire bulge; Unless specifically included in a separate rule, the following devices are excluded from measurement of the width of a commercial motor vehicle, as long as they do not carry property and do not exceed 3 inches from the side of the vehicle. This list is not exhaustive: Corner caps;
Hazardous materials placards and holders;
Lift pads for trailer on flatcar (piggyback) operation;
Rear and side door hinges and their protective hardware;
Side marker lamps;
Structural reinforcement for side doors or intermodal operation (limited to 1 inch from the side within the 3 inch maximum extension);
Tarping systems for open-top trailers;
Movable devices to enclose the cargo area of flatbed semitrailers or trailers, usually called tarping systems (conestoga type trailers), where no component part of the system extends more than 3 inches from the sides or back of the vehicle when the vehicle is in operation. This exclusion applies to all component parts of tarping systems, including the transverse structure at the front of the vehicle to which the sliding walls and roof of the tarp mechanism are attached, provided the structure is not also intended or designed to comply with requirement that a headerboard be strong enough to prevent cargo from penetrating or crushing the cab; the transverse structure may be up to 108 inches wide if properly centered so that neither side extends more than 3 inches beyond the structural edge of the vehicle. Also excluded from measurement are side rails running the length of the vehicle and rear doors, provided the only function of the latter, like that of the transverse structure at the front of the vehicle, is to seal the cargo area and anchor the sliding walls and roof. On the other hand, a headerboard is load bearing and thus limited to 102 inches in width. However, the “wings” designed to close the gap between such a headerboard and the movable walls and roof of a tarping system are width exclusive, provided they are add-on pieces designed to bear only the load of the tarping system itself and are not integral parts of the load-bearing headerboard structure;
Tie-down assembly on platform trailers;
Wall variation from true flat; and
Weevil pins and sockets on low-bed trailers (pins and sockets located on both sides of a trailer used to guide winch cables when loading skid mounted equipment). Each exclusion allowance is specific and may not be combined with other excluded devices.
Vehicle components not excluded by law or regulation shall be included in the measurement of the length of commercial motor vehicles.
Vehicle length is generally measured from front-most fixed point (generally front bumper) to rear-most fixed point (generally where brake lights are located.) Any truck with any permanently mounted appurtenance that projects beyond the front, rear, or both, of the vehicle the appurtenance is permanently mounted to, becomes a part of the vehicle and is included in overall vehicle length measurement. As such, the appurtenance is not considered overhang or a projection for the purposes of § 42-4-209 C.R.S., or § 42-4-504 C.R.S.
Drawbar or tongue lengths on trailers. Where the drawbar or tongue is of rigid construction, the measurement will be taken from the rear most point of the power unit's cargo box to the front most point of the trailer's main frame.
Where the drawbar or tongue is hinged, are to be measured as follows. The measurement will be taken from the rear most point of the power unit's cargo box to the front most point of the hinge.
A tool or accessory box welded to or carried on the drawbar or tongue does not factor into the calculation of drawbar or tongue length, due to the fact that a tool or accessory box is not designed to carry cargo. Pole trailers, primarily designed for the transportation of cargo, which have a flexible design and are operated without cargo, must have the connection between vehicles reduced to fifteen feet or less if the overall length of the vehicle combination exceeds fifty-five feet.
All overall length provisions regarding specialized automobile transporters are exclusive of front and rear cargo overhang. Extendable ramps or “flippers” on specialized automobile transporters are excluded from the measurement of vehicle length, but must be retracted when not supporting vehicles. Extendable devices that are not supporting vehicles and have not been retracted will be included in the measurement of vehicle length.
The following shall be excluded from the measured length of commercial motor vehicles, as applicable: Rear view mirrors, turn signal lamps, handholds for entry/egress, splash and spray suppressant devices; Unless specifically included in a separate rule, the following devices are excluded from measurement of the length of a commercial motor vehicle, as long as they do not carry property and do not exceed the dimensional limitations stated: All non-property-carrying devices, at the front of a semitrailer or trailer including: A device at the front of a trailer chassis to secure containers and prevent movement in transit;
A front coupler device on a semitrailer or trailer used in road and rail intermodal operations;
Aerodynamic devices, air deflector;
Certificate holder (manifest box);
Door vent hardware;
Hazardous materials placards and holders;
Non-load carrying tie-down devices on automobile transporters;
Pickup plate lip;
Pump off line on tank trailer;
Stabilizing jack (anti-nose dive device);
Tire carrier; and
Upper coupler Non-property-carrying devices (this list is not exhaustive) at the rear of a semitrailer or trailer that: Do not extend more than 3 inches beyond the rear of the vehicle, or
Resilient bumpers that do not extend more than 6 inches beyond the rear (or front) of the vehicle;
Aerodynamic devices that extend a maximum of 5 feet beyond the rear of the vehicle,
Hazardous materials placards and holders;
Splash and spray suppression device;
Stake pockets; and
Step. Each exclusion allowance is specific and may not be combined with other excluded devices.
The Department of Transportation designation of maximum height limits shall be as designated on the Department’s Height Restriction Map.
REGULATION SERIES 500 Reserved REGULATION SERIES 600 Reserved REGULATION SERIES 700 Reserved REGULATION SERIES 800 PORT ADMINISTRATION AND OPERATIONS Regulation 801 The Director of the Motor Carrier Services Division may delegate in writing, any responsibility, held by the position of the Director, to any employee of the division. Regulation 802 Mobile Ports of Entry Regulation 802.1 Mobile ports of entry weigh stations may be operated at any appropriate location on any road or highway of this state by officers of the Ports of Entry Section, Motor Carrier Services Division, of the Department of Revenue. Mobile port of entry weigh stations shall be posted so as to inform owners and operators of vehicles subject to the provisions of Article 8, of Title 42, C.R.S., of the necessity of stopping to procure a clearance certificate at said mobile weigh stations. Regulation 802.2 Mobile ports of entry weigh stations do not constitute permanent ports of entry weigh stations. Regulation 803 Detaining Vehicles and Operators Regulation 803.1 (a) Ports of entry officers are duly appointed peace officers and representatives of the State of Colorado. They may restrain and detain persons or vehicles and impound any motor vehicle on the lawful request from any division of the Department of Revenue or any other law enforcement agency recognized by this state. At the minimum, sufficient information must be given by the requesting agency, that can be readily used to identify the person or vehicle to be restrained, detained or impounded and a reasonable basis by rule of law for the detention or impoundment.
Information supplied for the detention or impoundment of a person or vehicle may be verbal or in writing and must include: The name of the agency requesting the detention or impoundment.
The name of the agency official requesting the detention or impoundment.
The rule of law that is being violated.
The maximum time that a vehicle or operator is to be detained.
Regulation 803.2 (a) Motor vehicles detained or impounded by Ports of Entry officers at the request of the Department of Revenue, may be released promptly upon payment of taxes and fees due or the making of a deposit sufficient to pay the same in full, after proper computations and adjustments have been made. The cargo of any impounded vehicle may be transferred to any properly licensed and qualified motor vehicle and be permitted to proceed
Regulation 804 Duty to Stop And Weight Regulation 804.1 For the purposes of administering subsection (3) of 42-8-105, C.R.S., “the route which would normally be traveled from the point of departure to the point of destination” is deemed to be the route which a reasonably prudent professional truck driver would take from the same points of departure and destination. If the owner or operator has not secured a previous clearance, or a revocable permit under subsection (4) of 42-8-105, C.R.S., the vehicle operator must seek out the first permanent port of entry weigh station located within five road miles of the above described route before proceeding to the point of destination, or prior to removing the load from the vehicle.
An owner or operator will not be considered in violation of this section unless the owner or operator has failed to seek out a permanent port of entry weigh station which is located within five road miles of the route which the owner or operator would normally follow. In the event an owner or operator travels a route that does not come within five road miles of a permanent port of entry, the requirement to seek out and obtain clearance is rescinded for that trip. Regulation 804.2 Subsection (3) of 42-8-105, C.R.S., requires that every owner or operator of a motor vehicle must stop at every port of entry weigh station located directly on the route of travel, notwithstanding the fact that the owner or operator has secured a previous clearance or has obtained a special revocable permit, as provided in subsection (4) of 42-8-105, C.R.S. Regulation 805 Special Revocable PermitsEff 10/30/2008 Statement of Basis and Purpose. The statutory bases for this regulation are § 24-4-103, § 42-8-104(1) and § 42-8-105(4), C.R.S. The purpose of these rules is to define the requirements for issuance of special revocable permits. These permits authorize a carrier to carry on commercial vehicle operations without meeting the port clearance requirements of § 42-8-105(1), C.R.S. This rule defines regularly scheduled routes and provides provisions that protect the motoring public by addressing requirements for the safe operation of commercial vehicles operating under the scope of the special revocable permit. Eff 10/30/2008
Definition of Regularly Scheduled Route. The owner or operator must operate over a regularly scheduled route. For the purposes of this section, regularly schedule route shall be defined as a route provided by an applicant that the Department has determined to be normal for departures, arrivals, deliveries, or loading. The determination may be based upon, but not limited to day of the week, time of day, point of departure, arrival, delivery, or loading. The regularly scheduled route must originate in, terminate in, or service enterprises within five road miles of the affected permanent port of entry weigh station. The Motor Carrier Services Division shall have the right and discretion to assign special conditions upon the issuance or use of a special revocable permit whenever it deems such conditions to be necessary or advisable. Eff 10/30/2008
Issuance. The special revocable permit is to be issued by the Motor Carrier Services Division upon the recommendation and with the approval of the Director of the Motor Carrier Services Division or designee. Eff 10/30/2008
Application. Application for special revocable permits shall be made on Department of Revenue forms and shall include each of the following: Eff 10/30/2008 The Motor Carrier’s full name, address, USDOT number, and signature of the company representative. Eff 10/30/2008
The number of vehicles the applicant intends to operate under the special revocable permit. Eff 10/30/2008
The time of day, day of the week, and point of departure, arrival, delivery, or loading. When available, a specific route shall be provided. In lieu of a specific route, a specific location for point of departure, arrival, delivery, or loading and a geographic description of area serviced shall be provided. The location of the permanent port of entry weigh station located within five road miles of the regularly scheduled route provided. Eff 10/30/2008
Copies of the following, where applicable: Eff 10/30/2008
i. Property Carrier Registration permit issued by the Colorado Public Utilities Commission Eff 10/30/2008
ii. Evidence of the applicant's compliance with UCR, if applicable to the carrier. Eff 10/30/2008
iii. Valid vehicle registrations of vehicles that will be operating under the special revocable permit. Eff 10/30/2008 Permits. Each such permit shall be valid for 36-months, unless suspended or revoked, and shall contain the name of the holder, the vehicle identification number of the vehicle the permit is issued to, a brief description of the approved regularly scheduled route, brief instructions concerning the authority and use of the permit, and the name of the affected permanent port of entry weigh station. Eff 10/30/2008
The permit must be carried at all times in any authorized vehicle operated over the approved route and upon demand it must be submitted for inspection by Colorado State Patrol, Port of Entry, or other state and local law enforcement officers. The permit is not transferable. Issuance of the permit does not affect the right of any lawful authority to stop a vehicle and check for operating credentials, oversize, overweight, or violation of the motor vehicle laws. The permit is invalid when the authorized vehicle is not operating within the scope of the approved regularly scheduled route. Eff 10/30/2008
Suspension, Revocation or Denial. The holder of a revocable permit agrees that all transportation operations shall be in compliance with any applicable laws, including federal, state, county, or local municipality. Permits may be suspended or revoked, or applications may be denied by the department if: Eff 10/30/2008
a. The holder or applicant fails to pay taxes or registration fees when due, or Eff 10/30/2008
b. The holder or applicant is subject to the payment of recurrent distraint penalties as provided in subsection (7)
of § 39-21-114, C.R.S., or Eff 10/30/2008
c. The holder or applicant is utilizing or will utilize the permit for the purpose of evading any law, or Eff 10/30/2008
d. The holder or applicant does not qualify for or has violated the conditions of the special revocable permit,
or Eff 10/30/2008
e. The applicant has been convicted of a violation of § 42-4-509(3), C.R.S., or § 42-8-105(1) through subsection (3), C.R.S., within a twelve (12) month period prior to the application for the special revocable permit, or Eff 10/30/2008
f. Within the twelve (12) month period prior to the application for the special revocable permit, the applicant has been convicted of three (3) of more violations of part five of article 4 of Title 42, C.R.S., or Eff 10/30/2008
g. The holder has been convicted of a violation of § 42-4-509(3), C.R.S., or § 42-8-105(1) through subsection (3), or Eff 10/30/2008
h. The holder has been convicted of three of more violations of part five of article 4 of Title 42, C.R.S., within a twelve (12)month period, or Eff 10/30/2008
i. The safestat score or rating, of the holder or applicant is 75 or higher when the applicant’s carrier snapshot does not have a rating or the rating is unsatisfactory. When the safestat score or rating is seventy-five (75) or higher and the carrier snapshot is conditional, a conditional permit may be issued for a three (3) month period, or Eff 10/30/2008
j. Each vehicle for which the holder of the special revocable permit has applied, does not obtain port clearance from the affected port of entry, at least once per quarter, or Eff 10/30/2008
k. The holder or applicant misuses, or uses in a fraudulent manner, any valid or invalid permit or license, or Eff 10/30/2008
l. The approved regularly scheduled route is altered or discontinued. Eff 10/30/2008
8. The Motor Carrier Services Division may deny application or immediately suspend, cancel or revoke any special revocable permit for non-compliance through a written Notice. Within thirty (30) days of receiving the written Notice the carrier may request a hearing on the merits of the denial, suspension, cancellation, or revocation by making a written request to the Hearings Section of the Department of Revenue at 1881 Pierce St., #106, Lakewood, CO 80214. Eff 10/30/2008
a. The Hearings Section shall hold the hearing in accordance with the provisions of the State Administrative Procedures Act and the provisions of Title 42 of the Colorado Revised statutes. The issue at the hearing shall be whether the carrier has complied with these rules. Eff 10/30/2008
b. The hearing officer shall issue a written decision within fifteen (15) business days of the completion of the hearing. If the hearing officer finds that the evidence of non-compliance is sufficient, then the suspension, cancellation or revocation shall be sustained. If the hearing officer finds that the evidence of non-compliance is insufficient, then the suspension, cancellation or revocation shall be immediately lifted and the Special Revocable Permit shall be reinstated. Eff 10/30/2008
c. The decision by the hearing officer shall constitute final agency action, and is subject to judicial review as provided by § 24-4-106, C.R.S. Eff 10/30/2008
9. The Department shall respond to all applications for special revocable permits within thirty (30) days of receiving the application. Eff 10/30/2008
10. Multi-Trip Permit. In lieu of the issuance of a special revocable permit, the Department may issue a multi-trip permit (DR 7035) when evidence of a satisfactory history of compliance with commercial motor vehicle laws and regulations exists. A valid multi-trip permit shall relieve the holder of the permit from the port clearance requirements of § 42-8-105, C.R.S., for the duration of the permit. The multi-trip permit shall be displayed in the bottom right corner of the vehicle windshield and shall be clearly marked with vehicle identifying information and expiration date. Multi-trip permits may be issued for a period of one (1) to seven (7) days and may be suspended, denied or revoked for any violations of part five of Article 4 of Title 42, C.R.S. Eff 10/30/2008 Regulation 806 Distinct Marking Requirements Regulation 806.1 (a) For the purposes of administering subsection(6) of 42-8-105, C.R.S., the distinct marking shall consist of highly visible alpha and numeric characters, which are to be at the minimum 2 inches in height and of a color that contrasts with the color of the vehicle cab. These alpha and numeric characters are to be affixed to the right side of the cab of each truck tractor and each truck that is subject to the payment of registration fees under the provisions of subsection(13)(b) of 42-3-134, C.R.S., and vehicles having a manufacturers gross weight rating or gross combination weight rating of twenty-six thousand one pounds or more. The marking shall consist of either: (1) alpha and numeric characters to be comprised of not more than the last eight alpha or numeric characters of the vehicle identification number; or (2) a departmentally assigned alpha indicator combined with a vehicle unit number of not less than three digits nor more than six digits.
Vehicles that are not subject to the clearance requirements of 42-8-105 C.R.S., or operating on a “72 hour Laden Weight Permit”, are excluded from the provisions of this regulation.
Regulation 806.2 (a) Upon application to the division, an alpha indicator will be assigned and such indicator shall be affixed in a location immediately in front of or above the vehicle unit number. An operator seeking the issuance of an alpha numeric designator must have and maintain a minimum one hundred power units under it's control at the time of application and during normal operations. The alpha numeric characters shall be affixed to the right side of the vehicle cab in contrasting colors of a size at the minimum of 2 inches in height and easily readable from a distance of fifty feet while the vehicle is at rest.
SPECIAL MOBILE MACHINERY PRO-RATED SPECIFIC OWNERSHIP TAX Statutory Basis:
The statutory basis of these rules is section 42-3-107(16.5), C.R.S. Purpose:
The purpose of these rules is to provide a procedure by which owners of special mobile machinery (SMM) may pay a pro-rated specific ownership tax in lieu of payment of the annual specific ownership tax in accordance with section 42-3-107(15), C.R.S. REGULATION SERIES 900 Regulation 901 Eligibility
To be eligible for prorated specific ownership tax an owner shall have entered into a written contract to perform a service requiring use of the SMM for which specific ownership tax under section 42-3-107(15), C.R.S. is required. For purposes of this rule, SMM is defined in section 42-1-102(54), C.R.S., and shall include load transference devices. Such device(s) shall be permanently attached to the rear of another vehicle. No such vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles. Such vehicle shall not be capable of hauling any portion of a load upon itself but shall be designed and utilized for transference of a portion of the total gross weight of another vehicle/load onto itself. Regulation 902 Validation Requirement
Equipment owners shall provide sufficient documentation to substantiate the validity of the written contract. Documentation shall include:
• Identification of the scope of work to be completed
• The estimated time frame of the project
• The location of the project
• Date of agreement
• Signature of an authorized agent of both parties.
Proof that such owner is an established business in Colorado, as shown by registration with secretary of state or the department of revenue as required by law. Regulation 903 Open to Inspection
The above documentation shall be open to inspection by any peace officer upon request. Regulation 904 Temporary Travel Permit Issued In Lieu Of Documentation
In lieu of the above documentation, a temporary travel permit issued by the Colorado port of entry will substantiate the carrier's compliance with the validation requirement above. Temporary travel permits shall be issued in accordance with Colorado port of entry policy. Regulation 905 Non-Colorado Based SMM
For the purpose of this section “arrival” shall be defined as:
1. The first Colorado 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
Or, Upon arrival at the site where the contractual work is to be completed if no Colorado port of entry has been encountered while traveling to the job site.
An owner of SMM that is not registered in Colorado shall submit an application for prorated specific ownership tax upon arrival in Colorado.
The owner shall, upon arriving at the first port of entry in Colorado along the route to be traveled either: Apply and register the SMM at the port of entry, or
If the owner chooses to register the SMM at a location other than the first port of entry along the route, the first port of entry will issue a temporary travel permit. The owner must register the SMM before operation.
Regulation 906 Colorado registered SMM equipment used outside Colorado in previous registration period
In addition to information required by all other applicants, the prorated application of the Colorado registered SMM shall include acceptable company documentation of the duration the SMM was used outside Colorado during the past registration year.
An owner of Colorado registered SMM equipment that was used outside Colorado during the previous registration period may apply for an apportioned registration credit when renewing registration for the current registration year. In no event shall the owner be entitled to a refund of the difference between the specific ownership tax and the credit if the credit is more than the specific ownership tax due for the current registration year. Regulation 907 Apportionment in Increments of Full Calendar Months
Apportioned mobile machinery registration shall be accomplished in increments of full calendar months Regulation 908 Adjustment Period
An owner may request to have the prorated specific ownership tax assessment period adjusted for between two and eleven months at the time of the initial application. Extension(s) shall not be issued without proof of a contract extension.