C.R.S. § 42-20-101 Short title
42-20-101. Short title. Parts 1, 2, and 3 of this article shall be known and may be cited as the "Hazardous Materials Transportation Act of 1987".
Transportation of Hazardous and Nuclear Materials
C.R.S. tit. 42, art. 20
in effectC.R.S. § 42-20-102 Legislative declaration
42-20-102. Legislative declaration. The general assembly finds that the permitting and routing of motor vehicles transporting hazardous materials is a matter of statewide concern and is affected with a public interest and that the provisions of parts 1, 2, and 3 of this article are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
C.R.S. § 42-20-103 Definitions
42-20-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Chief" means the chief of the Colorado state patrol.
(2) "Enforcement official" means, and is limited to, a peace officer who is an officer of the Colorado state patrol as described in sections 16-2.5-101 and 16-2.5-114, C.R.S., a port of entry officer, as defined in section 42-8-102 (3), a peace officer who is an investigating official of the transportation section of the public utilities commission as described in sections 16-2.5-101 and 16-2.5-143, C.R.S., or any other peace officer as described in section 16-2.5-101, C.R.S.
(3) "Hazardous materials" means those materials listed in tables 1 and 2 of 49 CFR 172.504, excluding highway route controlled quantities of radioactive materials as defined in 49 CFR 173.403 (l), excluding ores, the products from mining, milling, smelting, and similar processing of ores, and the wastes and tailing therefrom, and excluding special fireworks as defined in 49 CFR 173.88 (d) when the aggregate amount of flash powder does not exceed fifty pounds.
(4) "Motor vehicle" means any device which is capable of moving from place to place upon public roads. The term includes, but is not limited to, any motorized vehicle or any such vehicle with a trailer or semitrailer attached thereto.
(5) "Patrol" means the Colorado state patrol within the department of public safety.
(6) "Person" means an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity; except that separate divisions of the same corporation may, at their request, be treated as separate persons for the purposes of part 2 of this article.
(7) "Public road" means every way publicly maintained and opened to the use of the public for the purposes of vehicular travel, including, but not limited to, streets, bridges, toll roads, tunnels, and state and federal highways.
C.R.S. § 42-20-104 General powers and duties of chief - department of public safety - cooperation from other state agencies
42-20-104. General powers and duties of chief - department of public safety - cooperation from other state agencies. (1) In addition to any other powers and duties granted to him or her in parts 1, 2, and 3 of this article, the chief shall promulgate such rules and regulations and conduct such hearings as may be necessary for the administration of this article.
(2) In addition to any other powers and duties granted to him or her in parts 1, 2, and 3 of this article and except as otherwise provided in parts 1, 2, and 3 of this article, the chief shall have the general authority and duty to carry out the provisions of parts 1, 2, and 3 of this article and shall promulgate such rules and regulations, subject to the provisions of article 4 of title 24, C.R.S., as may be necessary to clarify the enforcement provisions of parts 1, 2, and 3 of this article.
(3) Upon request, other agencies of state government, including but not limited to the department of public health and environment and the department of transportation, shall provide advice and assistance to the department of public safety relating to the program established by parts 1, 2, and 3 of this article.
C.R.S. § 42-20-105 Enforcement
42-20-105. Enforcement. (1) The provisions of parts 1, 2, and 3 of this article relating to the transportation of hazardous materials by motor vehicle may only be enforced by an enforcement official.
(2) Any enforcement official shall have the authority to issue penalty assessments for the misdemeanor traffic offenses specified in sections 42-20-204 (1) and 42-20-305 (2). At any time that a person is cited for a violation of any of the offenses specified, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a penalty assessment notice. Such notice shall be tendered by the enforcement official and shall contain the name and address of such person, the license number of the motor vehicle involved, if any, the number of such person's driver's license, the nature of the violation, the amount of the penalty prescribed for such violation, the date of the notice, a place for such person to execute a signed acknowledgment of receipt of the penalty assessment notice, a place for such person to execute a signed acknowledgment of guilt for the cited violation, and such other information as may be required by law to constitute such notice as a summons and complaint to appear in court should the prescribed penalty not be paid within twenty days. Every cited person shall execute the signed acknowledgment of receipt of the penalty assessment notice. The acknowledgment of guilt shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the specified penalty at the office of the department of revenue, either in person or by postmarking such payment within twenty days after the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after such payment becomes due. If the person cited does not pay the prescribed penalty within twenty days of the notice, the penalty assessment notice shall constitute a summons and complaint to appear in the county court of the county in which the penalty assessment was issued at a time and place specified by the notice, unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt.
(3) All enforcement officials may, at their discretion and in lieu of issuing the penalty assessments pursuant to subsection (2) of this section, issue warning citations to persons who violate the provisions of part 1, 2, or 3 of this article.
(4) Enforcement of any law relating to the fixed-site storage or use of hazardous materials shall not be affected by the provisions of part 1, 2, or 3 of this article.
C.R.S. § 42-20-106 Regulatory authority of local governments - preemption - disposition of local fines and penalties
42-20-106. Regulatory authority of local governments - preemption - disposition of local fines and penalties. (1) Except as specifically authorized in parts 1, 2, and 3 of this article, no county, town, city, or city and county shall have any authority to regulate the transportation of hazardous materials separate and apart from the regulation of other commodities. However, a county, town, city, or city and county may adopt and enforce regulations or ordinances which are no more stringent than the provisions of state law and regulations adopted pursuant thereto, if violations of such local regulations or ordinances carry penalties which are not more than the penalties imposed upon violations of state law and regulations adopted pursuant thereto. Any local government which adopts a regulation or ordinance pursuant to this section shall file a certified copy of such regulation or ordinance, and any amendment thereto, with the patrol.
(2) No person shall be prosecuted for a violation of both the provisions of part 1, 2, or 3 of this article and the provisions of such local ordinance or regulation when such prosecution arises out of the same incident.
C.R.S. § 42-20-107 Hazardous materials safety fund
42-20-107. Hazardous materials safety fund. (1) There is hereby created in the state treasury the hazardous materials safety fund, which shall consist of:
(a) Such moneys as may be appropriated thereto by the general assembly from time to time;
(b) Any permit fees collected pursuant to section 42-20-202;
(c) Any penalties collected by a state agency or by a court, as provided in section 42-20-305 (3);
(d) Any penalties collected pursuant to section 42-20-204 (4);
(e) Any gifts or donations made to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(f) Any federal funds made available to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(g) Any excess moneys credited to the fund in accordance with section 40-2-110.5 (9), C.R.S.
(2) The moneys in the hazardous materials safety fund shall be subject to appropriation by the general assembly for the purposes of parts 1, 2, and 3 of this article.
(3) At the end of each fiscal year, any moneys remaining in the hazardous materials safety fund shall not revert to the general fund but shall be subject to appropriation by the general assembly to the executive director of the department of public safety for disbursement to local governments for purposes related to the preparation and training for and response to hazardous materials incidents.
(4) Repealed.
C.R.S. § 42-20-108 Rules and regulations for transportation of hazardous materials
42-20-108. Rules and regulations for transportation of hazardous materials. (1) The chief shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the safe transportation of hazardous materials by motor vehicle, both in interstate and intrastate transportation. Such rules and regulations shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a hazardous material by motor vehicle. Such rules and regulations may govern any safety aspect of the transportation of hazardous materials which the chief deems appropriate, including, but not limited to, the packaging, handling, labeling, marking, and placarding of hazardous materials and motor vehicles transporting hazardous materials, the qualifications of drivers of motor vehicles transporting hazardous materials, financial responsibility requirements, and the use of any package or container in the transportation of hazardous materials which is not manufactured, fabricated, marked, labeled, maintained, reconditioned, repaired, or tested in accordance with such rules and regulations.
(2) The chief shall also promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the permitting and routing of hazardous materials transportation by motor vehicle within this state and the inspection of vehicles transporting hazardous materials.
(3) In adopting such rules and regulations, the chief shall use as general guidelines the standards and specifications for the safe transportation of hazardous materials contained in federal statutes, and in the rules and regulations promulgated thereunder, as amended from time to time. The rules and regulations adopted by the chief shall not unduly burden interstate or intrastate commerce and shall be no more stringent than federal statutes and the rules and regulations promulgated thereunder.
(4) The rules and regulations adopted by the chief pursuant to subsection (2) of this section shall not apply to farm machinery which is exempted from registration requirements pursuant to section 42-3-103, agricultural distribution equipment attached to or conveyed by such farm machinery, or vehicles used to transport to or from the farm or ranch site products necessary for agricultural production, except when such vehicles are used in the furtherance of any commercial business other than agriculture.
(5) The rules and regulations adopted by the chief shall provide for the issuance of a certificate of inspection which shall exempt inspected vehicles from additional inspections for a period of at least sixty days unless there is probable cause to assume that the vehicle is in an unsafe condition.
C.R.S. § 42-20-108.5 Materials used for agricultural production - exemption - legislative declaration
42-20-108.5. Materials used for agricultural production - exemption - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit authority to the states to exempt themselves from the federal rules, and that this section is intended to exempt Colorado agriculture from such rules. The general assembly further finds, determines, and declares that it is imperatively necessary for the chief to adopt the rules required by this section in time to meet the deadline imposed by the federal rules.
(2) As used in this section, unless the context otherwise requires:
(a) "Agricultural product" means a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity including, but not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as set forth in 49 CFR parts 172 and 173.
(b) "Farmer" means a person or such person's agent or contractor engaged in the production or raising of crops, poultry, or livestock.
(3) The transportation of an agricultural product other than a class 2 material, as such term is used in 49 CFR parts 172 and 173, over local roads between fields of the same farm, is excepted from the requirements of this part 1 when it is transported by a farmer who is an intrastate private motor carrier and the movement of the agricultural product conforms to rules of the chief, in consultation with the department of agriculture regarding such movement. The chief shall, in consultation with the director of the department of agriculture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the intrastate transportation of agricultural products.
(4) The transportation of an agricultural product to or from a farm, within one hundred fifty miles of such farm, is excepted from the emergency response information and training requirements in subparts G and H of 49 CFR part 172, and this article when:
(a) It is transported by a farmer who is an intrastate private motor carrier;
(b) The total amount of agricultural product being transported on a single vehicle does not exceed:
(I) Seven thousand three hundred kilograms or sixteen thousand ninety-four pounds of ammonium nitrate fertilizer properly classed as division 5.1.PG III in a bulk packaging; or
(II) One thousand nine hundred liters or five hundred two gallons for liquids or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;
(c) The packaging conforms to rules adopted by the chief in consultation with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.
hundred liters or five hundred two gallons for liquids or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;
(c) The packaging conforms to rules adopted by the chief in consultation with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.
(d) Each person having any responsibility for transporting the agricultural product for shipment pursuant to this subsection (4) is instructed in the applicable requirements of this section.
(5) The rules and regulations adopted by the chief pursuant to this section shall be no more stringent than the federal statutes or regulations require.
(6) Any rules and regulations required to be adopted by the chief pursuant to this section shall be promulgated no later than September 30, 1998. If the chief finds that such rules cannot be promulgated by that date pursuant to the regular rule-making process set forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules pursuant to section 24-4-103 (6), C.R.S.
(7) The chief shall send a copy of the notification of proposed rule-making for rules adopted pursuant to this section, including temporary or emergency rule-making sent pursuant to section 24-4-103 (3)(b), C.R.S., to the office of legislative legal services.
C.R.S. § 42-20-109 Penalty for violations
42-20-109. Penalty for violations. (1) Any person who violates a rule or regulation promulgated by the chief pursuant to section 42-20-104 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(2) Any person who violates a rule promulgated by the chief pursuant to section 42-20-108 commits a class 2 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701.
(3) No conviction pursuant to this section shall bar enforcement by the public utilities commission of any provision of title 40, C.R.S., with respect to violations by persons subject to said title.
C.R.S. § 42-20-110 Immobilization of unsafe vehicles
42-20-110. Immobilization of unsafe vehicles. Any enforcement official shall have the power to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting hazardous materials when the enforcement official deems that the motor vehicle or the operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under or required by rules and regulations promulgated by the chief pursuant to section 42-20-104.
C.R.S. § 42-20-111 Additional penalties
42-20-111. Additional penalties. Any person, corporation, partnership, or other entity which intentionally or knowingly authorizes, solicits, requests, commands, conspires in, or aids and abets in the violation of any of the provisions of part 1, 2, or 3 of this article 20 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 42-20-112 Reimbursement of local governments
42-20-112. Reimbursement of local governments. (1) A public entity, political subdivision of the state, or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous materials abandonment or a hazardous materials spill.
(2) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.
(3) Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.
C.R.S. § 42-20-113 Hazardous materials spill - abandonment of vehicle containing hazardous material - penalty - definition
42-20-113. Hazardous materials spill - abandonment of vehicle containing hazardous material - penalty - definition. (1) No person shall abandon any vehicle containing any hazardous material excluding that which is considered fuel and is contained within the vehicle's fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2) (a) As used in this section, "abandon" means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(b) It is prima facie evidence of the necessary intent that:
(I) The vehicle has been left for more than three days unattended and unmoved; or
(II) License plates or other identifying marks have been removed from the vehicle; or
(III) The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
(IV) The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
(3) The driver of a motor vehicle transporting hazardous materials as cargo which is involved in a hazardous materials spill, whether intentional or unintentional, shall give immediate notice of the location of such spill and such other information as necessary to the nearest law enforcement agency.
(4) Any person who violates the provisions of subsection (3) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 42-20-201 Hazardous materials transportation permit required
42-20-201. Hazardous materials transportation permit required. Except as otherwise provided in this part 2, no transportation of hazardous materials by motor vehicle which requires placarding under 49 CFR 172 or 173 shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this part 2, authorizing the applicant to operate or move upon the public roads of this state a motor vehicle or a combination of motor vehicles which carries hazardous materials. This part 2 does not apply to motor vehicles owned by the federal government, motor vehicles when used to transport to or from the farm or ranch site products used for agricultural production, or farm machinery which is exempted from registration requirements by section 42-3-103, unless such vehicles are used in furtherance of any commercial business other than agriculture. This part 2 applies to motor vehicles owned by the state or any political subdivision thereof; except that such vehicles are exempt from the fees provided in section 42-20-202. The requirements of this part 2 are in addition to, and not in substitution for, any other provisions of law.
C.R.S. § 42-20-202 Transportation permit - application fee - rules
42-20-202. Transportation permit - application fee - rules. (1) (a) Except as otherwise provided in this section, each person desiring to transport hazardous materials which require placarding under 49 CFR 172 or 173 in, to, from, or through this state shall submit a permit application for an annual permit to the department of transportation before beginning such transportation. Permit applications must be in a form designated by the department, and the department shall maintain records of all such applications.
(b) Each annual permit is valid for one year following its issuance and shall be issued after the approval of the permit application by the department of transportation and upon the payment of a permit fee, which fee must be based on the number of motor vehicles the applicant operates within this state, as follows:
Number of
Motor Vehicles Permit Fee
1 - 5 $ 10
6 - 10 25
11 - 50 125
51 - 100 200
101 - 300 350
over 300 400
(c) Single trip permits may be obtained at all port of entry weigh stations. Each person transporting hazardous materials in, to, from, or through this state who has not obtained an annual permit from the department of transportation shall apply at the closest possible port of entry weigh station or at a department of transportation office for a single trip permit. Each single trip permit is valid for a single continuous business venture, but in no event shall the permit be valid for more than seventy-two hours, unless extended by any enforcement official for any reason the official deems advisable, including mechanical difficulties and road and weather conditions. A single trip permit shall be issued upon the approval of the permit application and upon the payment of a twenty-five-dollar permit fee.
(d) The department of transportation shall provide the option to a company filing for a permit under this subsection (1) to file an express consent waiver that enables the company to designate a company representative to be a party of interest for a violation of this section. The appearance of the company representative in a court hearing without the operator when the operator has signed such waiver shall not be deemed the practice of law in violation of article 93 of title 13.
(2) No annual permit application shall be approved unless the applicant:
(a) Supplies proof of having obtained liability insurance as required by the United States department of transportation pursuant to 49 CFR 387. Proof of such liability insurance policy shall be filed with the department of transportation. The insurance carrier shall give thirty days' written notice for nonpayment of premium and ninety days' notice for nonrenewal of policy to the department before the cancellation of such policy. At any time that the insurance policy lapses, the permit shall be automatically revoked.
(b) Agrees to comply with the rules and regulations promulgated pursuant to section 42-20-108.
(3) No single trip permit application shall be approved unless the applicant:
(a) Supplies proof of having liability insurance as required by the United States department of transportation pursuant to 49 CFR 387 or signs a verification under the penalty of perjury as provided in section 42-3-122 that the applicant has the liability insurance as required by the United States department of transportation pursuant to 49 CFR 387;
(b) Agrees to comply with the rules and regulations promulgated pursuant to section 42-20-108.
(4) The chief is authorized to promulgate such reasonable rules and regulations as may be necessary or desirable in governing the issuance of permits, if such rules and regulations are not in conflict with other provisions of state law.
(5) Any fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section 42-20-107.
C.R.S. § 42-20-203 Carrying of permit and shipping papers
42-20-203. Carrying of permit and shipping papers. (1) Any person transporting hazardous materials that require placarding under 49 CFR 172 or 173 in this state shall carry a copy of the shipping papers required in 49 CFR 172.200 and a copy of the hazardous materials transportation permit issued by the department of transportation or, before January 1, 2021, by the public utilities commission or by the Colorado state patrol at a port of entry weigh station in the transporting motor vehicle while in this state; except that, if a peace officer, as described in section 16-2.5-101, or any other enforcement official determines that the hazardous materials transportation permit can be electronically verified at the time of contact, a copy of the permit need not be carried by the person transporting hazardous materials. The permit is open to inspection or electronic verification by any enforcement official.
(2) In the event of an accident involving hazardous materials, the operator of the motor vehicle shall provide the shipping papers to the emergency response authorities designated in or pursuant to article 22 of title 29, C.R.S., and immediately bring to their attention the fact that the motor vehicle is carrying hazardous materials.
C.R.S. § 42-20-204 Permit violations - penalties
42-20-204. Permit violations - penalties. (1) Any person who transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 2 misdemeanor and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section 42-20-105 (2). Any person who intentionally transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For the purposes of this subsection (1), if any person who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant to this subsection (1) subsequently transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201, a permissive inference is created that such subsequent transportation without a permit was intentional.
(2) Any person who has obtained an annual or a single trip hazardous materials transportation permit but fails to have a copy of said permit in the cab of the motor vehicle while transporting hazardous materials in, to, from, or through this state commits a class B traffic infraction and shall be assessed a penalty of twenty-five dollars in accordance with the procedure set forth in section 42-4-1701 (4)(a)(V); except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or any other enforcement official may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in the cab of the motor vehicle.
(3) Any person who knowingly violates any of the terms and conditions of an annual or single trip hazardous materials transportation permit commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(4) All penalties collected pursuant to this section by a state agency or by a court shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section 42-20-107.
(5) Every court having jurisdiction over offenses committed under this section shall forward to the chief a record of the conviction of any person in said court for a violation of any said laws within forty-eight hours after such conviction. The term "conviction" means a final conviction.
C.R.S. § 42-20-205 Permit suspension or revocation - rules
42-20-205. Permit suspension or revocation - rules. In addition to any other civil or criminal penalties, for violations occurring after March 16, 2020, the department of transportation may suspend a hazardous materials transportation annual permit for a period not to exceed six months or may revoke a permit for failure to comply with the terms and conditions of the permit, for failure to pay a civil penalty assessed pursuant to section 42-20-204, or for continuing violations of the rules and regulations promulgated pursuant to part 1, 2, or 3 of this article 20. The permit may be suspended or revoked only for good cause shown after due notice and an opportunity for a hearing as provided in article 4 of title 24, if requested by the permit holder. The department may promulgate rules, subject to the requirements of article 4 of title 24, to establish specific procedures for suspension or revocation of permits and the conduct of permit suspension and revocation hearings.
C.R.S. § 42-20-206 Local government preemption
42-20-206. Local government preemption. No county, city and county, city, or town shall establish any permit or fee system for the transportation of hazardous materials by motor vehicle.
C.R.S. § 42-20-300.3 Definitions
42-20-300.3. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Route designation" means a designation of a route by the state patrol under this part 3.
C.R.S. § 42-20-301 Route designation
42-20-301. Route designation. (1) (a) The patrol, after consultation with local governmental authorities, has the sole authority to designate which public roads are to be used and which are not to be used by motor vehicles transporting hazardous materials. The patrol shall exercise its authority in accordance with section 42-20-302. Gasoline, diesel fuel, and liquefied petroleum gas are exempt from route designation unless the petitioning authority specified in section 42-20-302 requests their inclusion. The patrol may exempt crude oil from route designation after a request from the petitioning authority.
(b) The patrol may include, as part of designated route restrictions, the closing of streets and highways and other conditions or restrictions the patrol deems advisable, except for hours of operation and curfews.
(c) Routes designated by the patrol in accordance with this part 3 do not apply to motor vehicles when used to transport to or from the farm or ranch site products necessary for agricultural production.
(d) No city, county, or city and county may impose restrictions on hours of operation on designated routes; except that this paragraph (d) does not apply to any city, county, or city and county that, by resolution or ordinance, had routes or hours of operation restrictions in effect on July 1, 1985.
(2) The patrol may approve route designations only for those materials listed in table 1 of 49 CFR 172.504, in any quantities, and those materials listed in table 2 of 49 CFR 172.504, when carried in quantities of five hundred gallons or more; except that the patrol may not accept or approve route designations for those materials listed in table 2 when packaged in containers of five gallons or less or when packaged as consumer commodities as defined in 49 CFR 173.1200.
(3) (a) Notwithstanding any other provision of this part 3 or part 1 or 2 of this article 20 to the contrary, the transportation commission may regulate hours of operation of the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X, respectively, on interstate 70.
(b) The patrol may conform hazardous materials routing regulations made pursuant to this section to transportation commission regulations made pursuant to subsection (3)(a) of this section.
C.R.S. § 42-20-302 Application for route designation - procedure - approval
42-20-302. Application for route designation - procedure - approval. (1) Petitions for new route designations or for a change in an existing route designation may be submitted to the patrol no more than once a year:
(a) By a county, with respect to any public road maintained by the county, upon approval of the petition by the board of county commissioners of such county;
(b) By a town, city, or city and county, with respect to any public road located within such town, city, or city and county, including any portion of a county primary road designated pursuant to section 43-2-110 (1.5), C.R.S., that is subsequently annexed by a town or city, upon approval of the petition by the governing body of such town, city, or city and county;
(c) By the department of transportation, with respect to any public road maintained by the state, except for any public road located within a town, city, or city and county, upon approval of the petition by the transportation commission;
(d) By a public highway authority created pursuant to part 5 of article 4 of title 43 with respect to any public highway, as defined in section 43-4-503 (12), that it maintains, either directly or indirectly through a concession agreement or other agreement with a third party, upon approval of the petition by the board of directors of the public highway authority; or
(e) By any governmental entity that is a partner in a public-private partnership with respect to any highway, road, or street that it maintains, either directly or indirectly through a concession agreement or other agreement with a private partner, upon approval by the governing body of the governmental entity.
(2) A county, town, city, or city and county, with approval of the patrol, may adopt and enforce regulations or ordinances concerning the parking of motor vehicles, if such regulations and ordinances, as enforced or applied, do not prohibit or exclude motor vehicles carrying hazardous materials from the enforcing jurisdiction and do not unreasonably limit parking on or near the designated routes through the enforcing jurisdiction or for pickup and delivery.
(3) The petition shall describe specifically the designation sought, shall identify any local business or industry which is known to be significantly reliant on hazardous materials transportation and which would be affected by the designation, and shall include any other information which is necessary for the patrol to act upon the petition and which is required by rule and regulation of the patrol.
(4) Upon the filing of a complete petition with the patrol, the patrol shall give adequate public notice of such petition, including at least the following:
(a) Notification by certified mail to the governing body of any county, town, city, or city and county which would be affected by the route designation; and
to act upon the petition and which is required by rule and regulation of the patrol.
(4) Upon the filing of a complete petition with the patrol, the patrol shall give adequate public notice of such petition, including at least the following:
(a) Notification by certified mail to the governing body of any county, town, city, or city and county which would be affected by the route designation; and
(b) Publication in a newspaper having general circulation in each affected community once each week for three consecutive weeks.
(5) If the petitioner is not the department of transportation, the patrol shall provide a copy of the petition to the department of transportation for its review and comment.
(6) No sooner than thirty days after the requirements of subsections (3) and (4) of this section have been met and after reasonable notice to the petitioner, to the department of transportation, and to any persons requesting such notice, the patrol shall hold an informal public conference on the petition. At such conference, representatives of the petitioner and the department of transportation and any interested persons shall be afforded the opportunity to comment on the petition, and the petitioner shall have the opportunity to amend the petition. The patrol shall approve the designation if there is no opposition to the petition and if the requirements of subsection (8) of this section have been met.
(7) If there is opposition to the petition at the informal public conference and no agreement can be reached, the patrol shall hold a formal public hearing and act on the petition in accordance with the provisions of article 4 of title 24, C.R.S.
(8) No route designation shall be approved by the patrol unless it finds that:
(a) The routes available for the transportation of hazardous materials by motor vehicle:
(I) Are feasible, practicable, and not unreasonably expensive for such transportation;
(II) Are continuous within a jurisdiction and from one jurisdiction to another;
(III) Provide greater safety to the public than other feasible routes; and
(IV) Do not unreasonably burden interstate or intrastate commerce;
(b) The designation is not arbitrary or intended by the petitioner merely to divert the transportation of hazardous materials to other communities;
(c) Reasonable provision is made for signs along the affected public roads giving adequate notice of the designation to the public, to affected industry, and to transporters of hazardous materials. Such signs shall not be required in jurisdictions where the governmental authority has provided the patrol with professional quality maps which indicate the route designations in that jurisdiction.
(d) The designation will not interfere with the pickup or delivery of hazardous materials; and
(e) The designation is consistent with all applicable federal laws and regulations.
(9) Any town, city, city and county, or county may request the department of transportation to submit a petition to the patrol for a route designation on any highway maintained by the state within the jurisdiction of said local entity.
(10) The patrol shall make a final decision to approve or deny any petition for a route designation within six months of the filing of the petition.
(11) (a) The patrol shall base the approval or denial of a petition to exempt crude oil upon due consideration of the factors listed in subsection (8) of this section.
(b) The patrol shall approve route designations for gasoline, diesel fuel, and liquefied petroleum gas requested by petitioning authorities under section 42-20-301 (1) where the designations follow routes approved by the patrol for other hazardous materials under this section.
C.R.S. § 42-20-303 Road signs required - uniform standards
42-20-303. Road signs required - uniform standards. Signs giving adequate notice of route designations shall be placed and maintained along public roads affected by such designations. In accordance with part 6 of article 4 of this title and section 42-4-105, the department of transportation shall adopt uniform standards for highway signs giving notice of route designations. The requirements of this section shall not apply to jurisdictions in which the governmental authority has provided the patrol with professional quality maps which indicate the route designations in that jurisdiction.
C.R.S. § 42-20-304 Emergency closure of public roads
42-20-304. Emergency closure of public roads. Nothing in part 1, 2, or 3 of this article shall limit the authority of state and local authorities to close public roads temporarily if necessary because of any road construction or maintenance, an accident, a natural disaster, the weather conditions, or any other emergency circumstances resulting in making road conditions unsafe for travel by motor vehicles transporting hazardous materials.
C.R.S. § 42-20-305 Deviation from authorized route - penalty
42-20-305. Deviation from authorized route - penalty. (1) No person shall transport hazardous materials by motor vehicle contrary to any route designation approved by the patrol pursuant to this part 3 unless such action is necessary to service a motor vehicle or to make a local pickup or delivery of hazardous materials or unless such action is so required by emergency conditions which would make continued use of authorized routes unsafe or by the closure of an authorized route pursuant to section 42-20-304, and, in such circumstances, the motor vehicle shall remain on authorized routes whenever possible and shall minimize the distance traveled on restricted routes. A person transporting hazardous materials by motor vehicle may make successive local pickups and deliveries without returning to the authorized route between each pickup or delivery when such return would be unreasonable. A person transporting hazardous materials shall not utilize residential streets unless there is no other reasonable route available to reach the destination.
(2) Any person who transports hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty dollars for each separate violation in accordance with the procedure set forth in section 42-20-105 (2). A person who commits a second or subsequent violation within a twelve-month period of transporting hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be issued a summons and complaint in accordance with the provisions of section 42-4-1707 (1), and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than five hundred dollars.
(3) All penalties collected pursuant to this section by a state agency or by a court shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section 42-20-107.
(4) Every court having jurisdiction over offenses committed under subsection (2) of this section shall forward to the chief a record of the conviction of any person in said court for a violation of any said laws within forty-eight hours after such conviction. The term "conviction" means a final conviction.
C.R.S. § 42-20-306 Transportation of hazardous materials through Eisenhower-Edwin C Johnson Memorial Tunnels - study - definitions - repeal
42-20-306. Transportation of hazardous materials through Eisenhower-Edwin C Johnson Memorial Tunnels - study - definitions - repeal. (Repealed)
C.R.S. § 42-20-401 Legislative declaration
42-20-401. Legislative declaration. It is hereby determined and declared that nuclear materials create a potential risk to the public health, safety, and welfare of the people of the state of Colorado. As an origination point of nuclear waste and a corridor state through which nuclear materials pass, the state has a duty to protect its citizens and environment from all hazards created by the transportation of nuclear materials within its borders. State and public participation in planning for the transport of nuclear materials and in the development of a plan to cope with all phases of the nuclear materials problem is essential in order to adequately prepare for potential nuclear incidents. To that end, it is the purpose of this part 4 and part 5 of this article to require safe and environmentally acceptable methods of transporting nuclear materials within this state in a manner consistent with the laws of the United States and the rules and regulations promulgated by agencies of the United States.
C.R.S. § 42-20-402 Definitions
42-20-402. Definitions. As used in this part 4 and part 5 of this article, unless the context otherwise requires:
(1) "Carrier" means any person transporting goods or property on the public roads of this state in, to, from, or through this state, whether or not such transportation is for hire.
(2) Repealed.
(3) (a) "Nuclear materials" means highway route controlled quantities of radioactive materials as defined in 49 CFR 173.403 (l).
(b) "Nuclear materials" does not include nuclear materials used for research or medical purposes within Colorado. For the purpose of this paragraph (b), highway route controlled quantities of radioactive materials used to irradiate medical supplies and equipment are not considered to be used for medical purposes.
(c) (I) "Nuclear materials" includes radioactive materials being transported to the waste isolation pilot plant in New Mexico and radioactive materials being transported to any facility provided pursuant to section 135 of the federal "Nuclear Waste Policy Act of 1982", 42 U.S.C. sec. 10101 et seq., or any repository licensed by the United States nuclear regulatory commission that is used for the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel.
(II) Except as provided in subparagraph (I) of this paragraph (c), "nuclear materials" does not include radioactive materials utilized in national security activities under the direct control of the United States department of defense, nor does it include radioactive materials under the direct control of the United States department of energy which are utilized in carrying out atomic energy defense activities, as defined in the federal "Nuclear Waste Policy Act of 1982", 42 U.S.C. sec. 10101 et seq., or wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), "nuclear materials" does not include ores or products from mining, milling, smelting, or similar processing of ores, or the transportation thereof.
C.R.S. § 42-20-403 Chief to promulgate rules and regulations - motor vehicles
42-20-403. Chief to promulgate rules and regulations - motor vehicles. The chief shall promulgate rules and regulations for the safe transportation of nuclear materials by motor vehicle. Such rules shall not be inconsistent with any federal rule or regulation governing the transportation of the nuclear materials subject to parts 4 and 5 of this article. Such rules shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a nuclear material by motor vehicle.
C.R.S. § 42-20-404 Inspections
42-20-404. Inspections. All vehicles carrying nuclear materials entering the state on the public highways shall be inspected by a Colorado state patrol officer or a port of entry officer, as defined in section 42-8-102 (3), at the nearest point at which the shipment enters the state or at a location specified by the Colorado state patrol. For all shipments originating within the state, inspection shall be made at the point of origination by a Colorado state patrol officer or a port of entry officer. Inspections conducted by Colorado state patrol officers or port of entry officers shall be in accordance with the rules promulgated pursuant to sections 42-4-235, 42-20-108 (2), and 42-20-403.
C.R.S. § 42-20-405 Violations - criminal penalties - definition
42-20-405. Violations - criminal penalties - definition. (1) Notwithstanding the provisions of section 40-7-107, any person who violates any provision of this part 4 or part 5 of this article 20 or rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. No conviction pursuant to this section shall bar enforcement by the public utilities commission of any provision of title 40 with respect to violations by persons subject to said title.
(2) Every court having jurisdiction over offenses committed under subsection (1) of this section shall forward to the chief a record of the conviction of any person in said court for a violation of any provision of part 4 or 5 of this article or any rule or regulation promulgated pursuant thereto within forty-eight hours after such conviction. As used in this subsection (2), "conviction" means a final conviction.
C.R.S. § 42-20-406 Violations - civil penalties - motor vehicles
42-20-406. Violations - civil penalties - motor vehicles. (1) Any person who violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except for the violations enumerated in subsection (3) of this section and section 42-20-505, is subject to a civil penalty of not more than ten thousand dollars per day for each day during which the violation occurs. The penalty shall be assessed by the chief upon receipt of a complaint by any Colorado state patrol officer and after written notice and an opportunity for a hearing pursuant to section 24-4-105. Payment of a civil penalty under this section does not relieve any person from liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title 29. Any person who is assessed a penalty pursuant to this subsection (1) has the right to appeal the chief's decision by filing a notice of appeal with the court of appeals as specified in section 24-4-106 (11).
(2) Any person who commits any of the acts enumerated in subsection (3) of this section is subject to the civil penalty listed in said subsection (3). Officers of the Colorado state patrol have the authority to issue civil penalty assessments for the enumerated violations. At any time that a person is cited for a violation enumerated in subsection (3) of this section, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a civil penalty assessment notice. The notice shall be tendered by the officer of the Colorado state patrol and must contain the name and address of the person, the license number of the motor vehicle involved, if any, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of his or her receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court should the prescribed penalty not be paid within ten days. Every cited person shall execute the signed acknowledgment of his or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified in subsection (3) of this section for the violation involved at the office of the department of revenue either in person or by postmarking such payment within ten days of the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after the payment becomes due. If the person cited does not pay the prescribed penalty within ten days of the notice, the civil penalty assessment notice shall constitute a complaint to appear in court unless payment for the penalty assessment has been accepted by the department of revenue as evidenced by receipt, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint with the county court for the county in which the penalty assessment was issued. The attorney general shall represent the Colorado state patrol if so requested by the Colorado state patrol.
(3) The following penalties apply only to the transportation of nuclear materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:
(a) Any person who operates a motor vehicle without a driver's log book in his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.
(3) The following penalties apply only to the transportation of nuclear materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:
(a) Any person who operates a motor vehicle without a driver's log book in his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.
(b) Any person who operates a motor vehicle without maintaining a driver's log book in current condition, in accordance with 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.
(c) Any person who enters false information in a driver's log book in violation of 49 CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.
(d) Any person who exceeds maximum driving or on duty time, as established by 49 CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.
(e) Any person who fails to produce his or her driver's log book on demand of any law enforcement official or port of entry personnel in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.
(f) Any person who fails to have a valid medical certificate in his or her possession, in accordance with 49 CFR 391.43, shall be assessed a civil penalty of one hundred dollars.
(g) Any person who operates a motor vehicle without meeting driver qualifications, as established in 49 CFR 177.800 (c) and section 42-20-501, shall be assessed a civil penalty of five hundred dollars.
(h) Any person who carries an unauthorized passenger, as defined in 49 CFR 392.60, shall be assessed a civil penalty of one hundred dollars.
(i) Any person who operates a motor vehicle while that person is declared to be out of service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of five hundred dollars.
(j) Any person who operates an unsafe vehicle, as described in 49 CFR 396.7, shall be assessed a civil penalty of one hundred fifty dollars.
(k) Any person who operates a motor vehicle without correcting defects as noted on a safety inspection report in violation of 49 CFR 396.9 shall be assessed a civil penalty of five hundred dollars.
(l) Any person who operates a motor vehicle while that vehicle is declared to be out of service, as defined in 49 CFR 396.9 (c)(2), shall be assessed a civil penalty of one thousand dollars.
(m) Any person who transports nuclear materials without proper visibility and display of placards in violation of 49 CFR 172.504 shall be assessed a civil penalty of two hundred dollars.
(n) Any person who transports nuclear materials without proper placards, as provided in 49 CFR 172.504, shall be assessed a civil penalty of five hundred dollars.
(o) Any person who displays nuclear materials placards on vehicles not transporting nuclear materials in violation of 49 CFR 172.502 shall be assessed a civil penalty of one hundred dollars.
(p) Any person who fails to have hazardous materials shipping papers in conformance with 49 CFR 177.817 shall be assessed a civil penalty of five hundred dollars.
(q) Any person who parks a motor vehicle transporting nuclear materials in violation of 49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.
(r) Any person who violates a provision of section 42-20-508 or the rules adopted pursuant thereto shall be assessed a civil penalty of five hundred dollars.
(s) Any person who improperly fills out the shipping papers required by 49 CFR 172, subpart C, shall be assessed a civil penalty of five hundred dollars.
(t) Any person who fails to report a nuclear incident, or fails to take necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed a civil penalty of five hundred dollars.
(u) Any person who supplies inaccurate information in, or who fails to comply with, the route plan required by 49 CFR 397.101 (d) shall be assessed a civil penalty of five hundred dollars.
person who fails to report a nuclear incident, or fails to take necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed a civil penalty of five hundred dollars.
(u) Any person who supplies inaccurate information in, or who fails to comply with, the route plan required by 49 CFR 397.101 (d) shall be assessed a civil penalty of five hundred dollars.
(v) Any person who transports nuclear materials in violation of the radiation level limitations established in 49 CFR 173.441 shall be assessed a civil penalty of one thousand dollars.
(w) Any person who transports nuclear materials in excess of the maximum permissible transport index, as provided in 49 CFR 173, shall be assessed a civil penalty of one thousand dollars.
C.R.S. § 42-20-407 Repeat violations - civil penalties
42-20-407. Repeat violations - civil penalties. (1) If any person receives two penalty assessments within one year for a violation of section 42-20-406 and the first penalty assessment has not been reversed by a court of competent jurisdiction, the penalty for the second violation shall be two times the amount of the penalty listed for the violation in section 42-20-406.
(2) If any person receives three or more penalty assessments within one year for a violation of section 42-20-406 and if two or more of the previous penalty assessments have not been reversed by a court of competent jurisdiction, the penalty for each of the third and subsequent violations shall be three times the amount of the penalty listed for the violation in section 42-20-406.
C.R.S. § 42-20-408 Compliance orders - penalty
42-20-408. Compliance orders - penalty. (1) Whenever the chief finds that any person is in violation of any rule, regulation, or requirement of part 4 or 5 of this article, the chief may issue an order requiring such person to comply with any such rule, regulation, or requirement and may request the attorney general to bring suit for injunctive relief or for penalties pursuant to section 42-20-406.
(2) Any person who violates any compliance order of the chief which is not subject to a stay pending judicial review and which has been issued pursuant to this part 4 shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs.
C.R.S. § 42-20-501 Nuclear materials transportation permit required - application
42-20-501. Nuclear materials transportation permit required - application. (1) No transportation of nuclear materials shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this section, which is not inconsistent with federal law, authorizing the applicant to operate or move upon public roads of this state a motor vehicle or combination of motor vehicles which carry nuclear materials.
(2) Each carrier desiring to transport nuclear materials shall submit a permit application, in the form designated by the department of transportation, to the department before beginning such transportation.
C.R.S. § 42-20-502 Permits - fees
42-20-502. Permits - fees. Each permit issued pursuant to section 42-20-501 shall be valid for one year following its issuance and shall be issued after approval of the carrier's permit application and upon payment of a five-hundred-dollar permit fee. In addition to the permit fee, each carrier shall pay a two-hundred-dollar fee for each shipment. The shipment fee shall be paid either by mail, in which case it must be postmarked at least seven days before the shipment is to be made, or at the time the shipment enters the state at the port of entry weigh station nearest the point at which the shipment enters the state. If the shipment originates in this state, payment shall be made at the port of entry weigh station nearest the point of origination of the shipment.
C.R.S. § 42-20-503 Carrying of shipping papers
42-20-503. Carrying of shipping papers. Any person transporting nuclear materials in this state shall carry a copy of the shipping papers required in 49 CFR part 172, subpart C.
C.R.S. § 42-20-504 Rules and regulations
42-20-504. Rules and regulations. The chief is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits if such rules and regulations are not in conflict with or inconsistent with federal rules and regulations.
C.R.S. § 42-20-505 Penalties - permit system
42-20-505. Penalties - permit system. (1) A Colorado state patrol officer or a port of entry officer, as defined in section 42-8-102 (3), may assess a civil penalty of one thousand dollars against a carrier who transports nuclear materials without first obtaining a nuclear materials transportation permit.
(2) A carrier who misrepresents information in the carrier's application for a nuclear materials transportation permit, violates the terms of the permit, or commits a second violation of subsection (1) of this section within one calendar year shall be assessed a civil penalty of not less than five hundred dollars nor more than three thousand dollars.
(3) The penalties in subsection (1) of this section shall be assessed upon an action brought by the Colorado state patrol in accordance with the procedure set forth in section 42-20-406.
C.R.S. § 42-20-506 Permit suspension and revocation
42-20-506. Permit suspension and revocation. In addition to any other civil or criminal penalties, the department of transportation may suspend the nuclear materials transportation permit of any carrier for a period not to exceed six months or revoke the permit for failure to comply with the permit terms, misrepresentation of information in the permit application, failure to pay a civil penalty assessed pursuant to section 42-20-406, or failure to comply with the regulations promulgated pursuant to parts 4 and 5 of this article 20. The permit may be suspended or revoked only for good cause shown after due notice and opportunity for a hearing pursuant to section 24-4-105, if requested by the carrier.
C.R.S. § 42-20-507 Local government preemption
42-20-507. Local government preemption. No county, city and county, city, or town shall establish any permit or fee system for the transportation of nuclear materials by motor vehicle or railcar in, to, from, or through this state.
C.R.S. § 42-20-508 Route designation - motor vehicles
42-20-508. Route designation - motor vehicles. (1) The chief of the Colorado state patrol shall have the authority to adopt rules to designate which state highways shall be used and which shall not be used by motor vehicles transporting nuclear materials in this state.
(2) The carrier shall not deviate from the routes designated pursuant to subsection (1) of this section except in order to make local pickups and deliveries and in cases of emergency conditions which would make continued use of the designated route unsafe, or to refuel, or when the designated route is closed due to road conditions, road construction, or maintenance operations. When making local pickups and deliveries or when refueling, the carrier shall remain on the routes designated by the Colorado state patrol and shall minimize the distance traveled on nondesignated routes.
C.R.S. § 42-20-509 Strict liability for nuclear incidents
42-20-509. Strict liability for nuclear incidents. Any person who causes the release of any nuclear material being transported shall be strictly liable for all injuries and damages resulting therefrom. The conduct of the claimant shall not be a defense to liability; except that this section does not waive any defense based on the claimant's failure to mitigate damages or related to any injury or damage to the claimant or the claimant's property which is intentionally sustained by the claimant or which results from the release of any nuclear material being transported intentionally and wrongfully caused by the claimant.
C.R.S. § 42-20-510 Statute of limitations
42-20-510. Statute of limitations. No person who has been injured or damaged as a result of a nuclear incident shall be precluded from bringing a suit against the person or persons responsible for causing the nuclear incident if such suit is instituted within three years after the date on which the injured person first knew, or reasonably could have known, of his or her injury or damage and the cause thereof; except that such suit must be brought within forty years after the date of the nuclear incident.
C.R.S. § 42-20-511 Nuclear materials transportation fund
42-20-511. Nuclear materials transportation fund. All money collected pursuant to parts 4 and 5 of this article 20 shall be transmitted to the state treasurer, who shall credit the money to the nuclear materials transportation fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of parts 4 and 5 of this article 20.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.docxFetched: 10/6/2026