Motor Carriers

C.R.S. tit. 40, art. 10.1

in effect

C.R.S. § 40-10.1-101 Definitions

40-10.1-101. Definitions. As used in this article 10.1, unless the context otherwise requires: (1) "Advertise" means to advise, announce, give notice of, publish, or call attention to by use of any oral, written, or graphic statement made in a newspaper or other publication, on radio, television, or any electronic medium, or contained in any notice, handbill, sign, including signage on a vehicle, flyer, catalog, or letter, or printed on or contained in any tag or label attached to or accompanying any article of personal property. (1.5) "Authorized or interested person" means: (a) The vehicle owner, authorized operator, or authorized agent of the owner of the vehicle; (b) The lienholder of the vehicle or agent of the lienholder of the vehicle; or (c) If the owner signs a release authorizing an insurance company to act on behalf of the owner, the insurance company or agent of the insurance company providing insurance coverage on the vehicle. (2) "Certificate" means the certificate of public convenience and necessity issued to a common carrier under part 2 of this article. (3) "Commission" means the public utilities commission of the state of Colorado. (4) "Common carrier" means a common carrier as defined in section 40-1-102; except that the term does not include: (a) A contract carrier as defined in this section; (b) A motor carrier of passengers under part 3 of this article 10.1; or (c) A motor carrier of passengers providing large-market taxicab service under part 7 of this article 10.1. (4.5) "Common parking area" means any part of the following areas that are normally used for parking, such as the side of a street or parking spaces, that an owner does not have the right to exclude other residents of the following from using for parking: (a) A condominium, as defined in section 38-33.3-103 (9); (b) A cooperative, as defined in section 38-33.3-103 (10); (c) A multifamily building, which is also known as an apartment complex, with separate living quarters that are rented or leased separately; or (d) A mobile home park, as defined in section 38-12-201.5 (6). (5) "Compensation" means any money, property, service, or thing of value charged or received or to be charged or received, whether directly or indirectly. (6) "Contract carrier" means every person, other than a common carrier or a motor carrier of passengers under part 3 of this article, who, by special contract, directly or indirectly affords a means of passenger transportation over any public highway of this state; except that the term does not include a transportation network company, as defined in section 40-10.1-602 (3), or a transportation network company driver, as defined in section 40-10.1-602 (4). (6.5) "Drop fee" means a fee a towing operator charges to unhook a vehicle from a tow truck. (7) "Fixed points" and "established route" mean points or a route between or over which any common carrier usually or ordinarily operates or holds out to operate any motor vehicle, even though there may be departures from such points or route, whether such departures are periodic or irregular. (8) "Household goods" means the personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects and property is: (a) Arranged and paid for by the householder; except that "household goods" does not include property moving from a factory or store, other than property that the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges are paid to the mover by, the householder; or transportation of such effects and property is: (a) Arranged and paid for by the householder; except that "household goods" does not include property moving from a factory or store, other than property that the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges are paid to the mover by, the householder; or (b) Arranged and paid for by another party. (9) "Intrastate commerce" means transportation for compensation by motor vehicles over the public highways between points in this state. (9.5) "Large-market taxicab service" means indiscriminate passenger transportation for compensation in a taxicab on a call-and-demand basis, within and between points in the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, and Weld, and between those points and all points within the state of Colorado, with the first passenger in the taxicab having exclusive use of the taxicab unless the passenger agrees to multiple loadings. (10) "Motor carrier" means any person owning, controlling, operating, or managing a motor vehicle that provides transportation in intrastate commerce pursuant to this article; except that the term does not include a transportation network company, as defined in section 40-10.1-602 (3), or a transportation network company driver, as defined in section 40-10.1-602 (4). (11) "Motor vehicle" means any automobile, truck, tractor, motor bus, or other self-propelled vehicle or any trailer drawn thereby. (12) "Mover" means a motor carrier that provides the transportation or shipment of household goods. (13) "Nonconsensual towing", "nonconsensual tow", "towed nonconsensually", "nonconsensually tow", or "towed without consent" means the transportation of a vehicle by tow truck from private property if the transportation is performed without the prior consent of: (a) The owner of the vehicle, authorized operator of the vehicle, or agent of the owner of the vehicle; (b) The lienholder of the vehicle or agent of the lienholder, unless the vehicle is being towed for the purpose of repossession under a lien agreement; or (c) If the owner signs a release authorizing an insurance company to act on behalf of the owner, the insurance company or agent of the insurance company providing insurance coverage on the vehicle. (14) "Permit" means the permit issued to a contract carrier under part 2 of this article 10.1 or to a motor carrier under part 3, 4, 5, or 7 of this article 10.1. (15) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or other legal entity and any person acting as or in the capacity of lessee, trustee, or receiver thereof, whether appointed by a court or otherwise. (16) "Public highway" means every street, road, or highway in this state over which the public generally has a right to travel. (17) "Shipper" means a person who uses the services of a mover to transport or ship household goods. (18) "Taxicab" means a motor vehicle with a seating capacity of eight or less, including the driver, operated in taxicab service. (19) "Taxicab service" means passenger transportation in a taxicab on a call-and-demand basis, with the first passenger therein having exclusive use of the taxicab unless such passenger agrees to multiple loadings. (20) "Towing carrier" means a motor carrier that: (a) Provides, as one of its primary functions, the towing of motor vehicles by use of a tow truck; and operated in taxicab service. (19) "Taxicab service" means passenger transportation in a taxicab on a call-and-demand basis, with the first passenger therein having exclusive use of the taxicab unless such passenger agrees to multiple loadings. (20) "Towing carrier" means a motor carrier that: (a) Provides, as one of its primary functions, the towing of motor vehicles by use of a tow truck; and (b) May also provide storage of towed vehicles. (21) "Tow truck" means a motor vehicle specially designed or equipped for transporting another motor vehicle by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting such other motor vehicle from one place to another. (22) "Vehicle booting company" means a private corporation, partnership, or sole proprietor in the business of immobilizing a motor vehicle through use of a boot.

C.R.S. § 40-10.1-102 Powers of commission

40-10.1-102. Powers of commission. (1) The commission has the power to and shall administer and enforce this article 10.1, including: (a) The right to inspect the motor vehicles, facilities, and records and documents, regardless of the format, of the motor carriers and persons involved; (b) The authority to administratively set the application, filing, annual operating, and other fees for motor carriers pursuant to section 40-10.1-111; and (c) The authority to administratively set permit fees for each transportation network company pursuant to section 40-10.1-606 (2). (2) The Colorado state patrol has the power to monitor and enforce compliance with the certificate and permit requirements of this article and article 10.5 of this title.

C.R.S. § 40-10.1-103 Subject to control by commission

40-10.1-103. Subject to control by commission. (1) All common carriers and contract carriers are declared to be public utilities within the meaning of articles 1 to 7 of this title and are declared to be affected with a public interest and subject to this article and articles 1 to 7 of this title, including the regulation of all rates and charges pertaining to public utilities, so far as applicable, and other laws of this state not in conflict therewith. (2) Except as provided in subsection (1) of this section, motor carriers are not public utilities under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in this article, in section 40-2-110.5, in article 6 of this title, and in article 7 of this title except sections 40-7-113.5, 40-7-116.5, and 40-7-117. The term "public utility", when used in articles 6 and 7 of this title, includes all motor carriers. (3) Transportation network companies, as defined in section 40-10.1-602 (3), are not common carriers, contract carriers, or motor carriers under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in part 6 of this article.

C.R.S. § 40-10.1-104 Compliance

40-10.1-104. Compliance. A person shall not operate or offer to operate as a motor carrier in this state except in accordance with this article.

C.R.S. § 40-10.1-105 Transportation not subject to regulation

40-10.1-105. Transportation not subject to regulation. (1) The following types of transportation are not subject to regulation pursuant to this article 10.1: (a) A ridesharing arrangement, as defined in section 39-22-509 (1)(a)(II), C.R.S.; (b) The transportation of children to and from school, school-related activities, and school-sanctioned activities to the extent that the transportation is provided by vehicles owned or directly leased by a school or school district or the school or school district's transportation contractors; except that this subsection (1)(b) does not apply to transportation network company services provided under a contract between a transportation network company and a school or school district; (c) A private individual who transports a neighbor or friend on a trip; (d) Transportation by hearses, ambulances, secure transportation, as defined in section 25-3.5-103 (11.4), or other emergency vehicles; (e) Transportation by motor vehicles designed and used for the nonemergency transportation of individuals with disabilities as defined in section 42-7-510 (2)(b), C.R.S.; (f) An amusement ride consisting of a towed vehicle that is incapable of operating under its own power, the principal purpose of which is to carry individuals over short distances for their enjoyment and by which the provision of a transportation service is only incidental; (g) People service transportation and volunteer transportation pursuant to article 1.1 of this title; (h) Transportation by vehicles operated upon fixed rails; (i) Transportation of property, except transportation provided by a towing carrier or a mover; (j) Transportation performed by the federal government, a state, or any agency or political subdivision of either, whether through an intergovernmental agreement, contractual arrangement, or otherwise; except that this subsection (1)(j) does not apply to transportation network company services provided under a contract between a transportation network company and the federal government, a state, or any agency or political subdivision of either. (k) Transportation of repossessed property by a secured creditor or assignee, or by a repossessor on behalf of a secured creditor or assignee, when repossessing pursuant to section 4-9-629; and (l) Transportation by motor vehicles when those motor vehicles are being used for nonmedical transportation and nonemergency medical transportation provided through medicaid pursuant to section 25.5-1-802.

C.R.S. § 40-10.1-106 Commission to make rules and prescribe rates

40-10.1-106. Commission to make rules and prescribe rates. (1) The commission has the authority and duty to prescribe such reasonable rules covering the operations of motor carriers as may be necessary for the effective administration of this article, including rules on the following subjects: (a) Ensuring public safety, financial responsibility, consumer protection, service quality, and the provision of services to the public; (b) The circumstances under which a towing carrier may perform a nonconsensual tow of a motor vehicle, the responsibilities and facilities of the towing carrier for the care or storage of the motor vehicle and its contents, and the minimum and maximum rates and charges to be collected by the towing carrier for the nonconsensual towing and storage of the motor vehicle. In setting the rates and charges pursuant to this section, the commission may require towing carriers performing nonconsensual tows to submit financial statements or other financial information to determine the costs associated with the performance of nonconsensual towing and any motor vehicle storage incident thereto. (c) The administration of the fingerprint-based criminal history record checks required by section 40-10.1-110.

C.R.S. § 40-10.1-107 Financial responsibility - filing

40-10.1-107. Financial responsibility - filing. (1) Each motor carrier shall maintain and file with the commission evidence of financial responsibility in such sum, for such protection, and in such form as the commission may by rule require as the commission deems necessary to adequately safeguard the public interest. (2) The financial responsibility required by subsection (1) of this section must be in the form of a liability insurance policy issued by an insurance carrier or insurer authorized to do business in this state, or a surety bond issued by a company authorized to do business in this state, or proof of self-insurance. (3) An insurance policy, surety bond, or self-insurance pursuant to subsection (2) of this section shall be kept continuously effective during the life of a certificate or permit and the commission shall require such evidence of continued validity as the commission deems necessary. (4) No termination of an insurance policy or surety bond is valid unless the insurer or surety has notified both the holder of the policy or bond and the commission at least thirty days before the effective date of the termination.

C.R.S. § 40-10.1-108 Commission to make safety rules

40-10.1-108. Commission to make safety rules. (1) The commission has the authority and duty to establish, for motor carriers subject to parts 2, 3, and 7 of this article 10.1, reasonable rules to promote safety of operation. (2) For the purpose of carrying out this section pertaining to safety, the commission may obtain the assistance of any agency of the United States or of this state having special knowledge of any matter necessary to promote the safety of operation and equipment of motor vehicles. In adopting such rules, the commission shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, recording and reporting of accidents, hours of service of drivers, and inspection and maintenance of motor vehicles.

C.R.S. § 40-10.1-109 Motor carrier compliance with safety rules

40-10.1-109. Motor carrier compliance with safety rules. (1) A motor carrier subject to part 2, 3, or 7 of this article 10.1 shall comply with the safety rules adopted by the commission pursuant to section 40-10.1-108. (2) A motor carrier operating a motor vehicle that is defined as a commercial vehicle in section 42-4-235 (1)(a), C.R.S., shall comply with the safety rules adopted by the department of public safety pursuant to section 24-33.5-203 (1)(b), C.R.S., in addition to the rules adopted by the commission under subsection (1) of this section. (3) Nothing in subsection (1) or (2) of this section diminishes the authority of the commission, the department of public safety, a peace officer, or any other agent of government to enforce the laws of this state.

C.R.S. § 40-10.1-110 Record check - rules

40-10.1-110. Record check - rules. (1) (a) An individual who wishes to drive: A taxicab for a motor carrier that is the holder of a certificate to provide taxicab service issued under part 2 of this article 10.1; a motor vehicle for a motor carrier that is the holder of a permit to operate as a charter bus, children's activity bus, luxury limousine, or off-road scenic charter under part 3 of this article 10.1; or a motor vehicle for a motor carrier that is the holder of a permit to operate as a large-market taxicab service under part 7 of this article 10.1 must have the individual's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. (b) If an approved third party takes the individual's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the individual's information for more than thirty days unless requested to do so by the individual. The individual shall submit payment for the fingerprints and for actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. (c) Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the commission. (1.5) When the results of a fingerprint-based criminal history record check of an individual performed pursuant to this section reveal a record of arrest without a disposition, the commission shall require the individual to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The individual shall pay the costs associated with a name-based judicial record check. (2) An individual whose fingerprints are checked in accordance with subsection (1) of this section may, pending the results of the criminal history record check, drive the motor vehicles for the motor carrier described in subsection (1) of this section for up to ninety days after the fingerprints are forwarded to the Colorado bureau of investigation or until the commission receives the results of the check, whichever occurs first. The commission may temporarily extend the ninety-day period, in accordance with section 24-33.5-412 (7), based on a delay in processing criminal history record checks by the Colorado bureau of investigation or on other exigent circumstances beyond the commission's control. Upon the commission's receipt of the results, the individual may resume driving motor vehicles for the motor carrier described in subsection (1) of this section, so long as the driving does not violate applicable law and does not occur while the individual has a criminal conviction that disqualifies the individual from driving a motor vehicle in accordance with subsection (3) of this section. (3) An individual whose record is checked pursuant to this section is disqualified and prohibited from driving motor vehicles for the motor carrier described in subsection (1) of this section if the record check reflects that: (a) The individual is not of good moral character, as determined by the commission based on the results of the check; (b) (I) The individual has been convicted of a felony or misdemeanor involving moral turpitude. (II) As used in this paragraph (b), "moral turpitude" includes any unlawful sexual offense against a child, as defined in section 18-3-411, C.R.S., or a comparable offense in any other state or in the United States. od moral character, as determined by the commission based on the results of the check; (b) (I) The individual has been convicted of a felony or misdemeanor involving moral turpitude. (II) As used in this paragraph (b), "moral turpitude" includes any unlawful sexual offense against a child, as defined in section 18-3-411, C.R.S., or a comparable offense in any other state or in the United States. (c) Within the two years immediately preceding the date the record check is completed, the individual was: (I) Convicted in this state of driving under the influence, as defined in section 42-4-1301 (1)(f), C.R.S.; driving with excessive alcoholic content, as described in section 42-4-1301 (2)(a), C.R.S.; or driving while ability impaired, as defined in section 42-4-1301 (1)(g), C.R.S.; or (II) Convicted of a comparable offense in any other state or in the United States. (4) The commission shall consider the information resulting from the record check in its determination as to whether the individual has met the standards set forth in section 24-5-101 (2). (5) An individual whose fingerprints were checked pursuant to subsection (1) of this section shall, as a condition of continued qualification to drive a motor vehicle for a motor carrier, resubmit a set of his or her fingerprints to the commission in accordance with the commission's rules. (6) Each motor carrier described in subsection (1) of this section shall ensure driver compliance with this section and with commission rules promulgated pursuant to this section. Nothing in this subsection (6) makes a driver an employee of the motor carrier. (7) The commission shall, consistent with the requirements of this section, promulgate rules concerning the employment of, contracting with, and retention of an individual whose record is checked pursuant to this section, and the frequency and circumstances requiring resubmission of fingerprints.

C.R.S. § 40-10.1-111 Filing, issuance, and annual fees - fee setting by the commission

40-10.1-111. Filing, issuance, and annual fees - fee setting by the commission. (1) A motor carrier shall pay the commission the following fees in amounts set administratively by the commission with approval of the executive director of the department of regulatory agencies: (a) The filing fee for an application for a temporary authority, certificate, or permit under part 2 of this article 10.1 or for an extension, amendment, transfer, or lease of a temporary authority, certificate, or permit and the fee for issuance of a temporary authority, certificate, or permit under part 2 of this article 10.1; (b) The annual filing fee for a permit to operate under part 7 of this article 10.1 to provide large-market taxicab service; (c) The filing fee for a permit to operate under part 4 or part 8 of this article 10.1; (d) The annual filing fee for a permit to operate under part 5 of this article 10.1; (e) The filing fee for a temporary permit to operate as a mover pursuant to section 40-10.1-502 (5)(a); (e.5) The filing fee for a permit to operate pursuant to part 3 of this article 10.1; and (f) The annual fee for each motor vehicle a motor carrier owns, controls, operates, or manages. (2) Except for a mover holding a permit issued under part 5 of this article 10.1 and a motor carrier that has paid a fee pursuant to article 10.5 of this title 40, a motor carrier shall not operate any motor vehicle in intrastate commerce unless the motor carrier has paid the annual fees required by subsection (1)(f) of this section. The annual fees apply on a calendar year basis and are creditable only to the specific vehicles for which the fees have been paid. (3) Administratively set fees must be based on the appropriation made for the purposes specified in section 40-2-110 (2)(a)(I), subject to the approval of the executive director of the department of regulatory agencies, such that the revenue generated from all motor carrier fees approximates the direct and indirect costs of the commission in the supervision and regulation of motor carriers. (4) The commission shall transmit all fees collected under this section to the state treasurer, who shall credit them to the public utilities commission motor carrier fund created in section 40-2-110.5.

C.R.S. § 40-10.1-112 Commission may take action against certificate or permit

40-10.1-112. Commission may take action against certificate or permit. (1) Except as specified in subsection (3) of this section, the commission, at any time, by order duly entered, after hearing upon notice to the motor carrier and upon proof of violation, may issue an order to cease and desist or may suspend, revoke, alter, or amend any certificate or permit issued to the motor carrier under this article for the following reasons: (a) A violation of this article or of any term or condition of the motor carrier's certificate or permit; (b) Exceeding the authority granted by a certificate or permit; (c) A violation or refusal to observe any of the proper orders or rules of the commission; (d) For a towing carrier, a violation of any of the provisions set forth in part 18 or 21 of article 4 of title 42, C.R.S., or a conviction, guilty plea, or plea of nolo contendere to a felony; (e) For a mover, failure or refusal to abide by the terms of an arbitrator's award under section 40-10.1-507, or failure to satisfy the requirements for a new or renewed permit under section 40-10.1-502. (2) Any person may file a complaint against a motor carrier for a violation of this article or a rule adopted under this article. The complainant may request any relief that the commission, in its authority, may grant, including an order to cease and desist, suspension or revocation of the motor carrier's certificate or permit, or assessment of civil penalties. Upon proof of violation, the commission may issue an order to cease and desist, suspend or revoke the motor carrier's certificate or permit, assess civil penalties as provided in article 7 of this title, or take any other action within the commission's authority. In assessing civil penalties under this subsection (2), the commission is not constrained by the procedural requirements of section 40-7-116. (3) Notwithstanding the notice and hearing provisions of subsection (1) of this section, the commission shall summarily suspend the certificate or permit of any motor carrier for failure to maintain effective insurance or surety bond coverage and file evidence of the same in accordance with section 40-10.1-107 and rules adopted pursuant thereto. The commission shall reinstate such summarily suspended certificate or permit within a time period specified in, and in accordance with, the rules of the commission. (4) A motor carrier whose certificate or permit has been revoked for cause more than twice is not eligible for another such certificate or permit for at least two years after the date of the third such revocation. In the case of an entity, the two-year period of ineligibility also applies to all principals, officers, and directors of the entity, whether or not any such principal, officer, or director applies individually or as a principal, officer, or director of the same or a different entity. As used in this subsection (4), "revoked for cause" does not include a revocation for failure to carry the required insurance unless it is shown that the person knowingly operated without insurance. (5) Any commission action under subsection (1) or (2) of this section must conform to the provisions and procedures specified in article 6 of this title. The motor carrier has all the rights to the opportunity for a hearing, review, and appeal as to such order or ruling of the commission as are now provided by articles 1 to 7 of this title. No appeal from or review of any order or ruling of the commission supersedes or suspends such order or rulings unless specifically ordered by the proper court.

C.R.S. § 40-10.1-113 Penalty for violations

40-10.1-113. Penalty for violations. Any person who provides transportation in intrastate commerce without first obtaining a certificate or permit, violates any of the terms thereof, fails or refuses to make any return or report required by the commission, denies to the commission access to the books and records of such person, or makes any false return or report commits a class 2 misdemeanor.

C.R.S. § 40-10.1-114 Penalty for violation of article

40-10.1-114. Penalty for violation of article. (1) Every motor carrier and every officer, agent, or employee of a motor carrier and every other person who violates or fails to comply with or who procures, aids, or abets in the violation of this article, who fails to obey, observe, or comply with any order, decision, or rule of the commission adopted under this article, or who procures, aids, or abets any person in such failure to obey or observe such order, decision, or rule commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (2) An individual who is employed by or who contracts with a motor carrier and who operates a motor vehicle for the motor carrier's business in violation of section 40-10.1-110 commits a petty offense and shall be punished as provided in section 18-1.3-503. (3) Each day of a continuing violation of this article constitutes a separate offense.

C.R.S. § 40-10.1-115 Jurisdiction of courts

40-10.1-115. Jurisdiction of courts. The district court or, within its jurisdiction, the county court of any county in or through which a motor carrier operates has jurisdiction in all matters arising under this article on account of the operations of such motor carrier except as otherwise provided in this article and excepting those matters expressly delegated to the commission; and it is the duty of the district attorney for the county having jurisdiction to prosecute all violations of this article.

C.R.S. § 40-10.1-116 Commission to notify local authorities - procedure

40-10.1-116. Commission to notify local authorities - procedure. (1) Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an act in violation of the law or of any order, decision, rule, direction, or requirement of the commission, the commission shall request the attorney general of the state or the district attorney of any district to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose or in which the motor carrier complained of maintains a principal place of business or resides. Such action or proceeding must be conducted in accordance with section 40-7-104; except that references in section 40-7-104 to the attorney general include any district attorney bringing the action or proceeding. (2) Appellate review may be obtained in the supreme court concerning a final judgment in an action or proceeding under this section in the same manner and with the same effect, subject to this article, as appellate review of judgments of the district court in other actions for mandamus or injunction. (3) (a) A person injured by the noncompliance of a motor carrier with this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission may apply to a court of competent jurisdiction for the enforcement thereof, and the court has jurisdiction to enforce obedience thereto by injunction or other proper process, mandatory or otherwise, and to restrain the motor carrier and its officers, agents, employees, or representatives from further disobedience thereof, or to enjoin upon them obedience to the same, and any person so injured has cause of action in damages and is privileged to pursue the usual and proper remedies as in any other case. (b) Subsection (3)(a) of this section creates an independent cause of action, which is not subject to administrative exhaustion, against a towing carrier that violated this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission.

C.R.S. § 40-10.1-117 Limited regulation of transportation network companies

40-10.1-117. Limited regulation of transportation network companies. Notwithstanding any other provision of law, transportation network companies, as defined in section 40-10.1-602 (3), are governed exclusively under part 6 of this article.

C.R.S. § 40-10.1-118 Certificated taxi carrier parity report - recommendations - legislative declaration - repeal

40-10.1-118. Certificated taxi carrier parity report - recommendations - legislative declaration - repeal. (Repealed)

C.R.S. § 40-10.1-201 Certificate required

40-10.1-201. Certificate required. (1) A person shall not operate or offer to operate as a common carrier in intrastate commerce without first having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation. (2) The fact that a person carries on operations, in whole or in part, between substantially fixed points or over established routes, or under contracts with more than one person, or by making repeated or periodic trips is prima facie evidence that the person is a common carrier and subject to this part 2 and part 1 of this article.

C.R.S. § 40-10.1-202 Permit required - legislative declaration

40-10.1-202. Permit required - legislative declaration. (1) (a) A person shall not operate or offer to operate as a contract carrier in intrastate commerce without first obtaining a permit for such operation from the commission. As used in this part 2, "permit" does not include a permit under part 3, 4, or 5 of this article. (b) The general assembly hereby declares that the business of contract carriers is affected with a public interest and that the safety and welfare of the public traveling upon the highways, the preservation and maintenance of the highways, and the proper regulation of common carriers using the highways require the regulation of contract carriers to the extent provided in this article, for which purposes the commission is vested with the authority to issue a permit to a contract carrier and may attach to such permit and to the exercise of the rights and privileges granted by the permit such terms and conditions as are reasonable. (2) No permit, nor any extension or enlargement of an existing permit, shall be granted by the commission if, in the commission's judgment, the proposed operation of any such contract carrier will impair the efficient public service of any authorized common carrier then adequately serving the same territory over the same general highway route. The commission shall give written notice of any application for a permit to all persons interested in or affected by the issuance of the permit or any extension or enlargement thereof, pursuant to section 40-6-108 (2). (3) Nothing contained in this article compels a contract carrier to be or become a common carrier or subjects a contract carrier to the laws or liability applicable to a common carrier.

C.R.S. § 40-10.1-203 Rules for issuance of certificate - standing to protest - judicial review - legislative declaration

40-10.1-203. Rules for issuance of certificate - standing to protest - judicial review - legislative declaration. (1) The commission has the power to issue a certificate to a common carrier or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in the commission's judgment, the public convenience and necessity may require. (2) (a) The granting of a certificate to operate a taxicab service within and between counties with a population of less than seventy thousand, based on the most recent available federal census figures, is governed by the doctrine of regulated monopoly. (b) (I) The granting of a certificate to operate a taxicab service within and between those counties with a population of seventy thousand or greater that are not served by a large-market taxicab service pursuant to part 7 of this article 10.1, based on the most recent available federal census figures, is not an exclusive grant or monopoly, and the doctrine of regulated competition applies. (II) The general assembly finds, determines, and declares that nothing in this subsection (2) requires or prohibits a taxicab company applying for a certificate to form a labor union nor requires any taxicab driver to join a labor union. (c) (I) (A) Repealed. (B) Notwithstanding any provision of this section to the contrary, the holder of a certificate of public convenience and necessity that contains authority to operate as a taxicab between points within the state of Colorado shall also be deemed to hold taxicab authority to pick up passengers from any point in the state of Colorado and transport the passengers back to the certificate holder's authorized area when the certificate holder has dropped off passengers in close proximity to that point. The provisions of this sub-subparagraph (B) do not apply when a taxicab drops off a passenger at any airport in this state. (II) The holder of a certificate that contains authority to operate a taxicab service to points in the city and county of Denver also holds taxicab service authority from points in the city and county of Denver to all points within the common carrier's base area, defined as that geographic area in which such common carrier may provide point-to-point taxicab service. (III) The commission shall amend, by order and without notice or hearing, any existing taxicab service certificate by removing all language authorizing large-market taxicab service offered in accordance with part 7 of this article 10.1. (3) When a request for reconsideration of a written recommended decision under this section has been made by filing exceptions pursuant to section 40-6-109 and the commission has rendered a final decision on the exceptions as provided in article 6 of this title 40, any party to the proceeding may, within thirty days after the final decision, apply directly to a district court in this state for judicial review pursuant to section 40-6-115. For purposes of judicial review, a decision of the commission on exceptions is final on the date the decision is served on the parties to the proceeding.

C.R.S. § 40-10.1-204 Temporary authority

40-10.1-204. Temporary authority. (1) To enable the provision of common carrier or contract carrier service for which there appears to be an immediate and urgent need to any point or within a territory having no such service capable of meeting the need, the commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a common carrier or a contract carrier, as the case may be. Such temporary authority, unless suspended or revoked for good cause, is valid for such time as the commission specifies, but for not more than an aggregate of one hundred eighty days, unless for good cause shown the commission extends the temporary authority for a period which may extend until a final administrative decision is rendered. A grant of temporary authority or an extension thereof creates no presumption that corresponding permanent authority will be granted thereafter. (2) Pending the determination of an application filed with the commission for approval of an acquisition of stock of a common carrier or contract carrier, a consolidation or merger of two or more such carriers, or a purchase, lease, or contract to operate the properties of one or more such carriers, the commission may, in its discretion and without hearings or other proceedings, grant temporary approval for a period not exceeding one hundred eighty days for the operation of the carrier or its properties sought to be acquired by the person proposing in such pending application to acquire the properties or stock, if it appears that failure to grant such temporary approval may result in destruction of or injury to the carrier or its properties sought to be acquired, or may interfere substantially with their future usefulness in the performance of adequate and continuous service to the public. For good cause shown, the commission may extend such temporary approval for a period which may extend until a final administrative decision is rendered. Temporary approval or an extension thereof does not create a presumption that the application will be granted. (3) Common carrier or contract carrier service rendered under temporary authority or approval is subject to all applicable provisions of this title and to the rules and requirements of the commission. The maximum time period of any temporary authority or approval is not subject to extension or renewal. (4) The commission shall not issue a temporary authority or approval unless, under such general rules as the commission may prescribe governing the application and notice thereof to interested or affected common carriers, all interested or affected carriers have been given at least five days' notice of the filing of the application and an opportunity to protest the granting thereof. If the commission determines that an emergency exists, it may issue temporary authority or approval at once by making specific reference in its order to the circumstances constituting the emergency, in which case no notice need be given, but any such emergency authority or approval expires no later than thirty days after it was issued.

C.R.S. § 40-10.1-205 Transfer of certificate or permit

40-10.1-205. Transfer of certificate or permit. (1) A certificate or permit, or rights obtained under a certificate or permit, that are held, owned, or obtained by any common carrier or contract carrier may be sold, assigned, leased, encumbered, or transferred as other property, subject to prior authorization by the commission. (2) Absent other facts, the fact that a common carrier or contract carrier conducts operations with independent contractors does not in and of itself constitute a lease or transfer of the certificate. (3) An existing certificate or permit shall not be transferred unless the fitness of the transferee is established to the satisfaction of the commission.

C.R.S. § 40-10.1-206 Rates - limitations

40-10.1-206. Rates - limitations. (1) It is unlawful for any common carrier to carry or advertise that it will carry any individuals at rates different from those it has on file with the commission for such carriage. (2) A contract carrier shall not destroy or impair, through discrimination or unfair competition, the service or business of any common carrier or the integrity of the state's regulation of any such service or business; and to that end, the commission is authorized and directed to prescribe minimum rates, fares, and charges to be collected by contract carriers when competing with duly authorized common carriers, which rates, fares, and charges must not be less than the rates prescribed for common carriers for substantially the same or similar service. (3) In accordance with this article and such rules as the commission may prescribe, every contract carrier subject to this article shall file with the commission, within such time and in such form as the commission may designate, and shall keep on file with the commission, at all times, schedules showing rates, charges, and collections, collected or enforced or to be collected or enforced, that in any manner affect or relate to the operations of any such contract carrier; and the commission has full power to change, amend, or alter any such tariff or, after hearing, fix the rates of any contract carrier subject to this article that competes with a common carrier.

C.R.S. § 40-10.1-207 Taxicab license plates - rules

40-10.1-207. Taxicab license plates - rules. (1) (a) The commission shall either: (I) Create a document that a person authorized to provide taxicab services under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or (II) Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide taxicab services under this part 2. (b) Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or the department's authorized agent. (2) The commission may promulgate rules to implement this section and to enforce section 42-3-236, C.R.S. (3) Repealed.

C.R.S. § 40-10.1-301 Definitions

40-10.1-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Charter basis" means on the basis of a contract for transportation whereby a person agrees to provide exclusive use of a motor vehicle to a single chartering party for a specific period of time during which the chartering party has the exclusive right to direct the operation of the vehicle, including selection of the origin, destination, route, and intermediate stops. (2) "Charter bus" means a motor vehicle with a minimum seating capacity of thirty-three, including the driver, that is hired to transport a person or group of persons traveling from one location to another for a common purpose. A charter bus does not provide regular route service from one location to another. (3) "Chartering party" means a person or group of persons who share a personal or professional relationship whereby all such persons are members of the same affiliated group, including a family, business, religious group, social organization, or professional organization. "Chartering party" does not include groups of unrelated persons brought together by a carrier, transportation broker, or other third party. (4) "Children's activity bus" means a motor vehicle that transports groups of eight or more children, eighteen years of age or younger, and any adults over eighteen years of age accompanying or participating with the group, to or from activities that are sponsored by nonprofit organizations entitled to a tax exemption under the federal "Internal Revenue Code of 1986", as amended, or the transportation of children to and from school, school-related activities, or school-sanctioned activities to the extent that such transportation is not provided by the school or school district or the school or school district's transportation contractors. (5) "Commercial location" means a place where goods or services are bought, sold, or exchanged. (6) "Fire crew transport" means a motor vehicle that transports people engaged in fighting wildfires. (7) "Luxury limousine" means a chauffeur-driven, luxury motor vehicle as defined by the commission by rule. (8) "Luxury limousine service" means a specialized, luxurious transportation service provided on a prearranged, charter basis. "Luxury limousine service" does not include taxicab service or any service provided between fixed points over regular routes at regular intervals. (9) to (11) Repealed. (12) "Off-road scenic charter" means a motor vehicle that transports passengers, on a charter basis, to scenic points within Colorado, originating and terminating at the same location and using a route that is wholly or partly off of paved roads. "Off-road scenic charter" does not include the transport of passengers to commercial locations.

C.R.S. § 40-10.1-302 Permit requirements

40-10.1-302. Permit requirements. (1) (a) A person shall not operate or offer to operate a charter bus, children's activity bus, fire crew transport, luxury limousine, or off-road scenic charter in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this part 3. (b) A person may apply for a permit under this part 3 to the commission in such form and with such information as the commission may require. A permit is valid for one year after the date of issuance. (2) (a) Except as otherwise provided in subsection (3) of this section, the commission shall issue a permit to a motor carrier of passengers under this part 3 upon completion of the application and compliance with the financial responsibility requirements of this article. (b) Repealed. (3) A person whose permit has been revoked for cause is not eligible for another permit for two years after the date of revocation. If an entity's permit has been revoked, the two-year ineligibility also applies to the entity's principals, officers, directors, and members of the entity, except for a revocation for failure to carry insurance unless the person knowingly operated a motor carrier without insurance. (4) In order to obtain a permit under this section, an applicant must have each vehicle operated under the permit inspected within the immediately preceding twenty days by a qualified mechanic in accordance with rules promulgated by the commission. The applicant must also attach a report showing each vehicle passed inspection. (5) Effective July 1, 2016, any existing permit issued pursuant to this part 3 expires on the anniversary of its issuance.

C.R.S. § 40-10.1-303 Livery license plates - rules

40-10.1-303. Livery license plates - rules. (1) The commission shall either: (a) Create a document that a person authorized to provide luxury limousine service under this article may use to verify to the department of revenue or its authorized agent that the person provides such service; or (b) Create a system to electronically verify to the department of revenue or its authorized agent that the person is authorized to provide luxury limousine service under this article. (2) Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or its authorized agent. (3) The commission may promulgate rules to implement this section and to enforce section 42-3-235, C.R.S.

C.R.S. § 40-10.1-304 Revocation of permit for failure to pay fine

40-10.1-304. Revocation of permit for failure to pay fine. (1) If a carrier that holds a permit under this part 3 fails to pay a fine or civil penalty imposed under this article 10.1 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, the carrier's permit is revoked immediately. Any of the following are disqualified from applying for a permit for thirty-six months after the date the fine or civil penalty is due: (a) The carrier; (b) Any owner, principal, officer, member, partner, or director of the carrier; and (c) Any other entity owned or operated by that owner, principal, officer, member, partner, or director. (2) This disqualification is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

C.R.S. § 40-10.1-401 Permit requirements - rules

40-10.1-401. Permit requirements - rules. (1) (a) A person shall not operate or offer to operate as a towing carrier in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this article. (b) A person may apply for a permit under this part 4 to the commission in such form and with such information as the commission may require. Permits are valid for one year after the date of issuance. (2) (a) (I) The commission may deny an application for or suspend, revoke, or refuse to renew a permit under this part 4 of a person that has, within the immediately preceding five years, been convicted of, or pled guilty or nolo contendere to, a felony or a towing-related offense. The commission may also deny an application under this part 4 or suspend, revoke, or refuse to renew the permit of a towing carrier based upon a determination that the towing carrier or any of its owners, principals, officers, members, partners, or directors has not satisfied a civil penalty arising out of an administrative or enforcement action brought by the commission. (II) A towing carrier that applies for a permit or that applies to renew a permit shall disclose to the commission each person that is identified as a principal in accordance with rules promulgated by the commission. (b) The commission may deny an application for or suspend, revoke, or refuse to renew a permit of a towing carrier under this part 4 based on a determination that it is not in the public interest for the towing carrier to possess a permit. The determination is subject to appeal in accordance with commission rules. It is rebuttably presumed that a towing carrier's possession of a permit is not in the public interest if the towing carrier has willfully and repeatedly failed to comply with this article 10.1 or part 18 or 21 of article 4 of title 42. (3) (a) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a towing carrier upon completion of the application and the filing of proof of workers' compensation insurance coverage in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., and with the financial responsibility requirements of this article and may attach to the permit and to the exercise of the rights granted by the permit such restrictions, terms, and conditions, including altering the rates and charges of the applicant, as are reasonably deemed necessary for the protection of the property of the public. (b) If a towing carrier violates this article 10.1, any other applicable provision of law, or any rule or order of the commission issued under this article 10.1 and as a result is ordered by a court or by the commission to pay a fine or civil penalty that the towing carrier subsequently fails to pay in full within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then: (I) The towing carrier's permit is revoked immediately; and (II) The towing carrier, its owners, principals, officers, members, partners, and directors, and any other entity owned or operated by one or more of those owners, principals, officers, members, partners, or directors, may be disqualified from obtaining or renewing any operating authority under this article for a period of five years after the date on which the fine or civil penalty was due. The period of disqualification pursuant to this subparagraph (II) is in addition to, and not in lieu of, and does not affect, any other penalty or period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4). (c) A towing carrier's facilities and vehicles are subject to inspection by the commission and by authorized personnel of the Colorado state patrol, which shall promptly report to the commission concerning any violations revealed by an inspection.

C.R.S. § 40-10.1-402 Verification of authority - notice of requirement for designated license plates - rules

40-10.1-402. Verification of authority - notice of requirement for designated license plates - rules. (1) (a) The commission shall either: (I) Create a document that a person authorized to operate as a towing carrier under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or (II) Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide towing services under this part 4. (b) Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or the department's authorized agent. (2) The commission may promulgate rules to implement this section and to enforce section 42-3-235.5, C.R.S. (3) Repealed.

C.R.S. § 40-10.1-403 Towing task force - creation - conflict of interest - rules - report - repeal

40-10.1-403. Towing task force - creation - conflict of interest - rules - report - repeal. (1) The towing task force is hereby created within the department of regulatory agencies. (2) Repealed. (2.5) (a) Beginning November 1, 2021, the task force consists of fourteen members, appointed as follows: (I) One member appointed by the governor to represent the commission; (II) One member appointed by the chief of the Colorado state patrol; (III) One member appointed by the governor to represent a towing association within the state with experience in consensual towing; (IV) One member appointed by the governor to represent nonconsensual towing carriers; (V) One member appointed by the governor to represent mobile home owners in the state; (VI) One member appointed by the governor to represent an association of motor carriers within Colorado as consumers of towing services; (VII) One member appointed by the attorney general with experience enforcing the "Colorado Consumer Protection Act", article 1 of title 6; (VIII) One member appointed by the governor to represent people with disabilities; (IX) One member who insures towing operations appointed by the governor to represent insurance companies within the state; (X) One member appointed by the governor to represent common interest communities; (XI) One member appointed by the governor to represent local law enforcement agencies; (XII) One member who owns private property and contracts for towing services appointed by the governor to represent consumers of towing services; and (XIII) Two members appointed by the governor to represent communities that might be disproportionately affected by nonconsensual towing, such as communities of color, immigrant communities, elderly communities, and rural communities. (b) A member appointed to the task force before November 1, 2021, may continue to serve on the task force on and after November 1, 2021, to serve the remainder of the member's term if the member continues to represent one of the groups required to be represented on the task force as of November 1, 2021, in accordance with subsection (2.5)(a) of this section. (c) If a member is unable to attend a meeting of the task force, the member may designate a person to fulfill the member's duties in lieu of the member for the meeting. (3) (a) The members of the task force serve four-year terms; except that the members appointed or reappointed under subsections (2.5)(a)(I) to (2.5)(a)(VII) of this section serve initial terms of two years. (b) The members shall elect a chair from among their membership. The chair shall set the times and frequency of the task force's meetings; except that the task force shall meet no fewer than two times per year. (3.5) (a) A member shall notify the task force and abstain from voting if: (I) The member will financially benefit from, or has a financial interest in a person that will benefit from, a rate-setting recommendation made by the task force; or (II) The task force is advising the commission about a complaint, and the member is the subject of the complaint or has a financial interest in a person that is the subject of the complaint. (b) A member does not have a conflict of interest if the member benefits merely from belonging to a class that is affected by the rate setting described in subsection (3.5)(a)(I) of this section. (4) (a) When promulgating or amending rules concerning rate regulation of tow carriers, the commission shall consult with the task force. (b) At the discretion of the commission, the staff of the commission shall consult with the task force concerning investigations of overcharges made by towing carriers in violation of this title. (c) The commission shall consider the recommendations of the task force. When promulgating or amending rules concerning rate regulation of tow carriers, the commission shall consult with the task force. (b) At the discretion of the commission, the staff of the commission shall consult with the task force concerning investigations of overcharges made by towing carriers in violation of this title. (c) The commission shall consider the recommendations of the task force. (d) (I) By December 1 of each year, the commission shall make a report to the house of representatives transportation and local government committee, the house of representatives business affairs and labor committee, the senate business, labor, and technology committee, and the senate transportation and energy committee, or any successor committees. The report must: (A) Address the fees charged for and complaints arising from nonconsensual tows; (B) Contain the recommendations, including rule changes, of the task force, whether the recommendations were implemented with or without modification, and an analysis of the reasons why the commission made these decisions. (C) Include the analysis required in subsection (5)(c) of this section; (D) Include the task force's definitions of consensual tow and nonconsensual tow; (E) Include the range of dollar amounts considered when setting all rates related to charges by towing carriers for nonconsensual tows, including information considered for the minimum and maximum rates for all fees charged, the formulas for determining the actual cost and market rate for the final fees set for all rates, a summary of any public comment or feedback provided related to the rates set, and any other information the task force took into consideration when establishing all rates; (F) Include the times, including the shortest, mean, median, mode, and longest, to settle complaints made to the commission; (G) Include the categories of complaints and the number of complaints in each category; and (H) Include a list of the towing carriers that have been issued a permit, the number of valid complaints against each carrier, and the action taken by the commission in response to each valid complaint. (II) This subsection (4)(d) is repealed, effective September 1, 2026. (e) By September 1, 2025, the commission shall promulgate rules requiring each towing carrier to provide, as a condition of permit issuance or renewal on or after a date specified in the rules, any information needed to prepare the report required by subsection (4)(d)(I) of this section. (f) The commission may promulgate rules to collect other information required as part of the towing carrier permitting process. The information required by rule may include the annual volume of tows by category, the current pricing per category of tow for all fees charged, and the number of tow trucks each towing carrier operates. (5) The task force has the following duties and powers: (a) To make comprehensive recommendations to the commission about the maximum rates that may be charged for the recovery, towing, and storage of a vehicle that has been towed without the owner's consent. The task force shall make comprehensive recommendations to the commission about the maximum rates after July 1, 2022, but no later than November 1, 2022. (b) To advise the commission or the staff of the commission concerning investigations of overcharges made by towing carriers in violation of this title. (c) To analyze and make recommendations to the commission about nonconsensual towing rates charged to the public. In analyzing nonconsensual rates, the task force shall take into account current consensual towing market rates and their relationship to nonconsensual towing rates. (6) This section is repealed, effective September 1, 2025. Before the repeal, the task force is scheduled for review in accordance with section 2-3-1203.

C.R.S. § 40-10.1-404 Repeal of part - subject to review

40-10.1-404. Repeal of part - subject to review. (1) This part 4 is repealed, effective September 1, 2030. Before the repeal, this part 4 is scheduled for review in accordance with section 24-34-104 and subsection (2) of this section. (2) In conducting its review in accordance with section 24-34-104 (5) and in considering the factors set forth in section 24-34-104 (6)(b), the department of regulatory agencies shall consider the following in evaluating the performance of the commission with regard to regulating towing carriers: (a) With regard to complaints filed with the commission about towing services: (I) The number and nature of complaints filed each year; and (II) How the commission handles the complaints and how the complaints are resolved; and (b) Whether the towing industry and consumers would benefit from dispute resolution regarding complaints and whether such dispute resolution is being used in any other states. (3) Repealed.

C.R.S. § 40-10.1-405 Nonconsensual tows - rights of owners, operators, and lienholders - rules

40-10.1-405. Nonconsensual tows - rights of owners, operators, and lienholders - rules. (1) Towing fees. (a) Towing carriers shall prominently display at their place of business and on any website of the towing carrier the current maximum rates permitted by rule of the commission for each tow service provided by the towing carrier. The sign must include the following statement: "The maximum permitted rate is based upon rules of the public utilities commission, and if there are concerns or questions about these rates or the towing carrier, then call the public utilities commission consumer affairs hotline at 303-894-2070." (b) (I) A towing carrier shall accept: (A) Cash; (B) Major credit cards; and (C) Other forms of payment required by rule of the commission. (II) The commission shall promulgate a rule defining what qualifies as a major credit card for the purposes of this subsection (1)(b). (c) A towing carrier shall not: (I) Charge storage fees for any twenty-four-hour period during which the towing carrier did not store the vehicle, but the towing carrier may charge, in accordance with section 42-4-2103 (3)(c), a prorated fee for any part of a twenty-four-hour period the towing carrier stored the vehicle; and (II) Charge or retain any fees not identified in the rules of the commission for the nonconsensual tow of a vehicle from private property. (2) Towing carrier document vehicle's condition and reason for tow - adequate illumination. (a) Before a towing carrier connects a towing vehicle to a vehicle without consent, the towing carrier shall document the vehicle's condition and the reason for the tow by: (I) Taking at least four photographs of the vehicle, with at least one photograph taken from the front, one photograph taken from the rear, one photograph taken from the driver's side, and one photograph taken from the passenger's side. These photographs must: (A) Show the entire vehicle from the required angle; (B) Have the vehicle fill at least three-fourths of the photograph, measured from side to side; and (C) Be rendered in a resolution of at least two thousand pixels by at least two thousand pixels. (II) Taking a photograph that shows the reason for the vehicle being towed without consent. The photograph must: (A) Show the position of the vehicle in relation to the reason, including any sign, that the vehicle was towed; and (B) Be rendered in a resolution of at least two thousand pixels by at least two thousand pixels. (b) Upon demand by an authorized or interested person, the towing carrier shall provide copies of the photographs required to be taken pursuant to subsection (2)(a)(I) or (2)(a)(II) of this section. (c) (I) A rebuttable presumption that a towing carrier damaged a vehicle is created by evidence that: (A) The towing carrier has failed to produce photographs of the vehicle's condition in compliance with subsection (2)(b) of this section; and (B) A vehicle has suffered damage. (II) A towing carrier's failure to produce a photograph of the reason for the tow in compliance with subsection (2)(b) of this section creates a rebuttable presumption that the towing carrier did not have authorization to tow a vehicle. carrier has failed to produce photographs of the vehicle's condition in compliance with subsection (2)(b) of this section; and (B) A vehicle has suffered damage. (II) A towing carrier's failure to produce a photograph of the reason for the tow in compliance with subsection (2)(b) of this section creates a rebuttable presumption that the towing carrier did not have authorization to tow a vehicle. (d) During business hours or when a vehicle is being released, a towing carrier shall maintain an area at each storage facility with lighting that is adequate to allow a person to inspect a vehicle for damage prior to its release from storage. (3) Authorization, signs, and notice required for tows from private property. (a) A towing carrier shall not nonconsensually tow a vehicle from private property unless: (I) The vehicle is being repossessed by a creditor with a lien or security interest in the vehicle; (II) The removal is expressly ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; (III) The vehicle blocks a driveway or roadway enough to effectively obstruct a person's access to the driveway or roadway; (IV) The towing carrier has received documented permission, which must not be automated or preapproved, for each individual tow of the vehicle, within the twenty-four hours immediately preceding the tow, from the following person that must document the permission by signing the form created in accordance with subsection (3)(d)(I) of this section: (A) The owner of or leaseholder of the private property; except that, if the owner or leaseholder would earn income from the nonconsensual tow, the towing carrier shall not perform the nonconsensual tow but may authorize another towing carrier to perform the nonconsensual tow; (B) A person subject to the "Colorado Common Interest Ownership Act", article 33.3 of title 38, if the private property is located within the boundaries of the person's area of operation; or (C) An employee of a person described in subsection (3)(a)(IV)(A) or (3)(a)(IV)(B) of this section or an employee of a property management company retained to collect rent and perform residential services; except that the employee who has a financial interest in or relationship with the towing carrier or a parking lot management company that earns income from managing or controlling parking or permission to park or that earns income from nonconsensual tows shall not grant permission to authorize the tow; or (V) The towing carrier has received permission for each individual tow. (b) (I) Except as provided in subsection (3)(b)(IV) of this section, a towing carrier shall not nonconsensually tow a vehicle from a parking space or common parking area without the towing carrier or property owner giving the vehicle owner or operator twenty-four hours' written notice, unless: (A) The vehicle owner or operator has received two previous notices for parking inappropriately in the same manner; (B) The vehicle is being repossessed by a creditor with a lien or security interest in the vehicle; (C) The removal is expressly ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; (D) The vehicle blocks a driveway or roadway enough to effectively obstruct a person's access to the driveway or roadway; (E) The vehicle is parked in violation of section 42-4-1208 (4) or in reserved parking for people with disabilities without displaying an identifying placard or an identifying plate, as those terms are defined in section 42-3-204 (1)(f) and (1)(g), that is currently valid or has been expired for no more than sixty days; (F) The vehicle is parked in or effectively obstructing a designated and marked fire zone; (G) The vehicle is occupying without permission or effectively obstructing access to or from an individually designated, rented, or purchased parking space of a resident; or ose terms are defined in section 42-3-204 (1)(f) and (1)(g), that is currently valid or has been expired for no more than sixty days; (F) The vehicle is parked in or effectively obstructing a designated and marked fire zone; (G) The vehicle is occupying without permission or effectively obstructing access to or from an individually designated, rented, or purchased parking space of a resident; or (H) The vehicle is parked without authorization in a parking lot marked for the exclusive use of residents or invited guests. (II) The towing carrier or property owner shall provide the notice described in subsection (3)(b)(I) of this section by placing a written notice on the windshield of the vehicle at least twenty-four hours before towing the vehicle. (III) The notice must state clearly: (A) That the vehicle will be towed without consent if the vehicle remains parked inappropriately; (B) A description of the inappropriate parking that has caused the notice to be given; (C) The time the vehicle will be towed if it is not moved to appropriate parking or the inappropriate parking has been corrected; and (D) That continuing to park inappropriately in the same manner may lead to the vehicle being towed without notice. (IV) If the vehicle is parked a third or subsequent time in the same inappropriate manner that caused it to receive previous notices, the towing carrier or property owner need not give the notice required in subsection (3)(b)(I) of this section before towing the vehicle. (V) For purposes of this subsection (3)(b), a vehicle is parked inappropriately when it is parked in a manner that: (A) Violates the procedures necessary to obtain authorization to park in the lot or space; (B) Fails to comply with the property owner's signs or the agreements of the tenants; or (C) Violates a statute, rule, ordinance, or resolution of the state or a political subdivision of the state. (c) In order for a towing carrier to conduct a nonconsensual tow, the property owner must have posted signage that: (I) Is not less than two square feet in size; (II) Has lettering not less than one inch in height; (III) Has lettering that contrasts sharply in color with the background on which the letters are placed and contrasts sharply with the structure the signs are placed on; (IV) Contains the following information in the order listed below: (A) The restriction or prohibition on parking; (B) The times of the day and days that the restriction is applicable, but, if the restriction applies twenty-four hours a day, seven days a week, the sign must say "Authorized Parking Only"; and (C) The name and telephone number of the towing carrier authorized to perform tows from the private property; (V) Is printed in English and Spanish; (VI) Is permanently mounted both: (A) At the entrance to the private property so that the sign faces outward toward the street and is visible before and upon entering the private property; and (B) Inside the private property so that the sign faces outward toward the parking area; (VII) Is not obstructed from view or placed in a manner that prevents direct visibility; and (VIII) Is not placed higher than ten feet or lower than three feet from the surface closest to the sign's placement. (d) (I) The commission shall create a form that implements subsection (3)(a)(IV) of this section. (II) The towing carrier must retain for three years the signed form required by subsection (3)(a)(IV) of this section and, upon request, provide the signed form to the vehicle owner. (VIII) Is not placed higher than ten feet or lower than three feet from the surface closest to the sign's placement. (d) (I) The commission shall create a form that implements subsection (3)(a)(IV) of this section. (II) The towing carrier must retain for three years the signed form required by subsection (3)(a)(IV) of this section and, upon request, provide the signed form to the vehicle owner. (e) A towing carrier shall not patrol or monitor property to enforce parking restrictions on behalf of the property owner. (4) Notice, disclosures, and towing carrier signs. (a) In connection with a nonconsensual tow, the towing carrier shall provide, upon request, evidence of the towing carrier's commercial liability insurance coverage, including cargo liability coverage, garage keeper's liability coverage, if applicable, and motor vehicle liability coverage, to an authorized or interested person. (b) A towing carrier shall maintain a clearly visible sign at the entrance to the storage facility holding a nonconsensually towed vehicle. The sign must: (I) State the name of the business, telephone number, and hours of operation; (II) State: "If a vehicle is nonconsensually towed from private property, the authorized or interested person may retrieve the contents of the vehicle even if the authorized or interested person does not pay the towing carrier's fees. If the authorized or interested person fills out the appropriate form, the authorized or interested person may retrieve the vehicle after paying a reduced fee, but the authorized or interested person still owes the towing carrier the balance of those fees." (III) Be no less than two square feet in size; (IV) Have lettering not less than two inches in height; (V) Have lettering that contrasts sharply in color with the background on which the letters are placed; and (VI) Be printed in English. (c) Upon request, a towing carrier shall provide to an authorized or interested person an itemized bill showing each charge and the rate for each fee that the authorized or interested person has incurred as a result of a nonconsensual tow. (d) Upon request, a towing carrier shall disclose accepted forms of payment, including those required to be accepted in accordance with subsection (1)(b) of this section. (e) If a towing carrier has nonconsensually towed a vehicle from private property, the towing carrier shall give the authorized or interested person that is retrieving the vehicle a written notice of the person's ability to make a complaint to the commission. The notice: (I) Must be written in a conspicuous typeface and font on the invoice, the receipt, and the bill for the tow; and (II) Must not be in a typeface or font that is smaller than the other numbers or words on the receipt or bill, as applicable. (f) (I) A towing carrier shall not perform a nonconsensual tow of a vehicle, other than an abandoned motor vehicle as defined in section 42-4-2102 (1), from private property normally used for parking unless: (A) Notice of the parking regulations was provided to the vehicle operator when the vehicle entered the private property and parked; and (B) Notice that any vehicle parked in violation of the regulations is subject to tow at the vehicle owner's expense was provided to the vehicle operator when the vehicle entered the private property and parked. (II) A property owner with tenants shall provide the notice described in this subsection (4)(f) by issuing each tenant a written document containing any applicable parking regulations before the regulations are adopted or amended or before the person agrees to be a tenant. (III) Repealed. ner's expense was provided to the vehicle operator when the vehicle entered the private property and parked. (II) A property owner with tenants shall provide the notice described in this subsection (4)(f) by issuing each tenant a written document containing any applicable parking regulations before the regulations are adopted or amended or before the person agrees to be a tenant. (III) Repealed. (g) The towing carrier shall retain evidence, including photographs of the relevant signs, of giving the notices and disclosures required in subsection (4)(f) of this section for three years after the date of completion of a nonconsensual tow and provide the evidence to the commission or an enforcement official upon request. (5) No mechanic's liens on contents. (a) Notwithstanding section 38-20-105, a towing carrier that nonconsensually tows a vehicle does not have a mechanic's lien on the contents of the vehicle to cover the cost of towing the vehicle. (b) If an authorized or interested person requests that a towing carrier return the contents of a vehicle that was towed without consent within thirty days after the postmarked date the notice was mailed in accordance with section 42-4-2103 (4) or the date the operator received notice that no record exists for the motor vehicle, the towing carrier shall allow the authorized or interested person to retrieve the vehicle's contents. This subsection (5)(b) does not apply to the contents of a vehicle if the contents of the vehicle are subject to a hold order issued by a court, district attorney, law enforcement agency, or peace officer. (c) The towing carrier shall immediately retrieve a vehicle that has been nonconsensually towed or allow the authorized or interested person to retrieve the vehicle if: (I) The owner pays fifteen percent of the fees, not to exceed sixty dollars, owed the towing carrier for the nonconsensual tow; and (II) The authorized or interested person is not a lienholder or insurance company. (d) For an authorized or interested person to retrieve a vehicle without paying the towing carrier the total amount owed to the towing carrier, the authorized or interested person must sign a form affirming that the authorized or interested person owes the towing carrier payment for fees that comply with this article 10.1, part 21 of article 4 of title 42, or article 20 of title 38. Knowingly providing false information on the form is unlawful. Signing this form does not prohibit a vehicle owner from filing a complaint with the commission or pursuing other remedies. The towing carrier may use the form to take reasonable actions to collect the debt, including initiating a court action or using a collection agency. The commission shall: (I) Create the form; (II) Give the form the following title: "Towed Vehicle Release Notice: Retrieval with Payment Owed"; and (III) Provide the form on the public utilities commission website for towing carriers to retrieve and use. (e) A towing carrier shall not require a person to undergo an approval process other than signing the form created pursuant to subsection (5)(d) of this section. (6) Releasing the vehicle upon request. (a) A towing carrier shall release a nonconsensually towed vehicle in accordance with subsection (5)(c) of this section. (b) A towing carrier shall not assess a drop charge to release the vehicle after the vehicle is hooked up to the tow truck but before the vehicle is removed from the property. (c) If approached by an authorized or interested person before the vehicle is removed from private property, the towing carrier shall notify the authorized or interested person that the towing carrier is required to release the vehicle upon request of the authorized or interested person. e vehicle after the vehicle is hooked up to the tow truck but before the vehicle is removed from the property. (c) If approached by an authorized or interested person before the vehicle is removed from private property, the towing carrier shall notify the authorized or interested person that the towing carrier is required to release the vehicle upon request of the authorized or interested person. (d) Upon request by the authorized or interested person, the towing carrier shall stop any tow in progress before the vehicle is removed from private property. (7) No towing for expired registration. Unless the tow is based on an order given by a peace officer, a towing carrier shall not tow a vehicle from private property because the rear license plate of the vehicle or the record obtained using the system described in section 42-4-2103 (3)(c)(III) indicates that the vehicle's registration has expired. (8) Towing carrier responsibility. Repealed. (9) Applicability. This section does not apply to: (a) A tow ordered by a peace officer or technician directed by a peace officer in the course and scope of the officer's or technician's duties; or (b) A tow from a parking space that serves a business if: (I) Repealed. (II) The parking space is on commercial real estate, as defined in section 38-22.5-102 (2).

C.R.S. § 40-10.1-406 Failure to comply

40-10.1-406. Failure to comply. (1) No fees - return of vehicle. (a) If a towing carrier fails to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, the towing carrier: (I) Shall not charge or retain any fees or charges for the services performed with respect to the vehicle; and (II) Shall return to the authorized or interested person any fees it collected with respect to the vehicle. (b) It is an affirmative defense in any action to collect towing fees that: (I) The vehicle was towed nonconsensually; and (II) The towing carrier failed to comply with section 40-10.1-405. (c) Within forty-eight hours after a tow is determined to have been performed in violation of this article 10.1 or any rules promulgated under this article 10.1, the towing carrier shall return the vehicle back to the location from where it was towed unless: (I) The authorized or interested person notifies the towing carrier that the person prefers to retrieve the vehicle from the towing carrier's storage facility without charge; or (II) Returning the vehicle to the location from where the vehicle was towed is not practical, as determined by the commission. (2) Attorney fees. An authorized or interested person seeking reimbursement for damages may recover from the towing carrier reasonable attorney fees if: (a) The vehicle was towed nonconsensually; (b) A court holds that: (I) The towing carrier failed to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, and this failure caused damages, including economic damages, to the vehicle owner or lienholder; or (II) The towing carrier damaged a vehicle while connecting it to a towing vehicle, while possessing the vehicle, or while returning the vehicle to an authorized or interested person; and (c) The authorized or interested person demanded reimbursement for the suffered damages and the towing carrier refused to reimburse the authorized or interested person for the damages. (3) Damages recovered for party in interest. In a court action arising from a nonconsensual tow, any authorized or interested person may recover the damages suffered by another authorized or interested person from a towing carrier if the person who recovers the damages reimburses the other authorized or interested person for the damages suffered by the authorized or interested person. A court may issue an order implementing this subsection (3).

C.R.S. § 40-10.1-407 Records - rules

40-10.1-407. Records - rules. (1) A towing carrier shall record the following information for each nonconsensual tow: (a) The unique serial number of the tow record or invoice; (b) The name, address, towing carrier permit number, and telephone number of the towing carrier; (c) The address and telephone number of the storage facility used by the towing carrier; (d) The make, model, year, complete vehicle identification number, and license plate number, if available, of the towed vehicle; (e) The origin address of the tow, the destination address of the tow, and the one-way mileage between the two addresses; (f) The printed name, address, telephone number, and signature of the person authorizing the tow; (g) The printed name and signature of the tow truck driver; (h) An itemized invoice of all towing charges assessed; (i) The signature of the person to whom the vehicle is released; except that the towing carrier may write "refused to sign" if the person to whom the vehicle is released refuses to sign the release document; (j) The date and time of any of the following, if performed: (I) Hooking the vehicle to the tow truck; (II) Unhooking the vehicle from the tow truck; (III) Completing the tow; (IV) Notifying the appropriate law enforcement agency; (V) Placing the vehicle in storage; and (VI) Releasing the towed vehicle from storage; and (k) Any other information required by rule of the commission. (2) A towing carrier shall record the information required to be recorded by subsection (1) of this section before the action to which it refers is performed, unless impracticable due to safety concerns. If the safety concerns delay recording the information required by subsection (1) of this section, the towing carrier shall record the information as soon as reasonably possible. (3) A towing carrier shall retain the information required in subsection (1) of this section for three years after the tow commenced. (4) Within forty-eight hours after a request, a towing carrier shall provide the information required to be recorded by subsection (1) of this section to an authorized or interested person.

C.R.S. § 40-10.1-408 Kickbacks prohibited

40-10.1-408. Kickbacks prohibited. A towing carrier shall not pay money or other valuable consideration for the privilege of nonconsensually towing vehicles.

C.R.S. § 40-10.1-409 Violators subject to penalties

40-10.1-409. Violators subject to penalties. (1) A towing carrier that violates this part 4 is subject to the penalties provided in section 40-10.1-114. (2) A violation of this part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt) and (1)(eeee) and is subject to enforcement by the attorney general's office or a district attorney or enforcement as described in this section.

C.R.S. § 40-10.1-410 Towing rules

40-10.1-410. Towing rules. Upon making a finding that a towing practice harms the public interest, the commission may promulgate rules, as necessary, to stop or change the towing practice that harms the public interest.

C.R.S. § 40-10.1-411 Towing carrier responsibility

40-10.1-411. Towing carrier responsibility. The towing carrier is responsible for the security and safety of the towed vehicle until the vehicle is released to an authorized or interested person.

C.R.S. § 40-10.1-501 Definitions

40-10.1-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Accessorial service" means any service performed by a mover that results in a charge to the shipper and is incidental to the transportation service, including valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; long carry, which is defined as carrying articles excessive distances between the mover's vehicle and the residence; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. "Accessorial service" also includes services not performed by the mover but by a third party at the request of the shipper or mover if the charges for such services are to be paid to the mover by the shipper at or prior to the time of delivery. (2) "Contract" means a written document, approved by the shipper in writing before the performance of any service, that authorizes services from the named mover and lists the services and all costs associated with the transportation of household goods and accessorial services to be performed. (3) "Estimate" means a written document that sets forth the total cost and the basis of such costs related to a shipper's move, including transportation or accessorial services. (4) "Storage" means warehousing of the shipper's goods while under the care, custody, and control of the mover.

C.R.S. § 40-10.1-502 Permit requirements - issuance by ports of entry

40-10.1-502. Permit requirements - issuance by ports of entry. (1) (a) A person shall not operate or offer to operate as a mover in intrastate commerce pursuant to this article, or advertise services as a mover, without first having obtained a permit from the commission in accordance with this part 5. (b) A mover shall annually apply for a permit under this part 5 to the commission in such form and with such information as the commission may require. (2) The commission may deny an application under this part 5 or refuse to renew the permit of any mover based upon a determination that the mover, or any of its directors, officers, owners, or general partners has not satisfied a civil penalty arising out of any administrative or enforcement action brought by the commission. (3) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a mover upon completion of the application and compliance with the financial responsibility requirements of this article. (4) A permit is not valid for a mover transacting business at any location other than those designated in its application unless the mover first notifies the commission in writing of any change of location. A permit issued under this section is not assignable, and the mover is not permitted to conduct business under more than one name except as shown on its permit. A mover desiring to change its name or location at a time other than upon renewal of a permit shall notify the commission of such change. (5) (a) The Colorado state patrol may issue, through a port of entry weigh station created pursuant to article 8 of title 42, C.R.S., a temporary household goods mover permit. The temporary permit is valid for fifteen consecutive days and is not renewable. A mover or its successor who has been issued a temporary permit is not eligible for a subsequent temporary permit. (b) A temporary permit shall not be approved until the applicant: (I) Provides evidence of financial responsibility as required by section 40-10.1-107; (II) Signs a verification, under penalty of perjury as specified in section 24-4-104 (13)(a), C.R.S., that the applicant meets the financial responsibility required by section 40-10.1-107; and (III) Pays the fees required by section 40-10.1-111 (1)(e) and (1)(f). The Colorado state patrol shall transmit the fees to the state treasurer, who shall credit them to the public utilities commission motor carrier fund pursuant to section 40-10.1-111 (4). (c) If a mover applied for and received a temporary permit pursuant to this subsection (5), the mover is not subject, during the period covered by the temporary permit, to a penalty for failure to have a permanent permit.

C.R.S. § 40-10.1-503 Enforcement of carrier's lien

40-10.1-503. Enforcement of carrier's lien. A mover without a current and valid permit issued under this part 5 is not entitled to acquire or enforce a carrier's lien under section 4-7-307 or 4-7-308, C.R.S.

C.R.S. § 40-10.1-504 Advertising

40-10.1-504. Advertising. (1) No mover, nor any officer, agent, employee, or representative of the mover, shall advertise a transportation service in a name other than that in which the mover's permit is held. (2) Each advertisement of a mover shall include the phrase "CO PUC permit no. ___" and the physical address of the mover.

C.R.S. § 40-10.1-505 Contracts for service

40-10.1-505. Contracts for service. (1) At or before the time of commencing work, a mover that provides any moving or accessorial services shall leave with the shipper a contract as specified by the commission containing the information listed in this subsection (1). The contract must be signed and dated by the shipper and the mover and must include: (a) The name, telephone number, and physical address where the mover's employees are available during normal business hours; (b) The date the document is prepared and the proposed date of the move; (c) The name and address of the shipper, the addresses where the goods are to be picked up and delivered, and a telephone number where the shipper may be reached; (d) The name, telephone number, and physical address of a location where the goods will be held pending further transportation, including situations where the mover retains possession of goods pending resolution of a fee dispute with the shipper; (e) An itemized breakdown and description of costs or rates and services for transportation and accessorial services to be provided during a move or storage of household goods; (f) Acceptable forms of payment. A mover shall accept a minimum of two of the following four forms of payment: (I) Cash; (II) Cashier's check, money order, or traveler's check; (III) A valid personal check, showing upon its face the name and address of the shipper or authorized representative; or (IV) A valid credit card. (g) Any other items as designated by the rules of the commission. (2) A mover shall clearly and conspicuously disclose to the shipper in the contract the forms of payments the mover will accept from those categories described in paragraph (f) of subsection (1) of this section. (3) Each contract must include the phrase "(name of mover) is permitted with the public utilities commission of the state of Colorado as a mover. Permit no. ___." (4) At or before the time of commencing work, the mover shall leave with the shipper a consumer advisement. The mover shall retain a copy of the consumer advisement, signed and dated by the shipper, for at least three years and shall make the copy available to the commission upon request. The consumer advisement shall be in substantially the following form: Consumer Advisement Intrastate movers in Colorado are regulated by the Colorado public utilities commission (PUC). Each mover should have a PUC permit number. You are encouraged to contact the PUC to confirm that the mover you are using is indeed permitted in Colorado. A mover that is not permitted may not withhold any of your property to enforce payment of money due under the contract ("carrier's lien"). A mover must include its PUC permit number, true name, and physical (street) address in all advertisements. You should be aware that the total price of any household move can change, based on a number of factors that may include at least the following: ● Additional services you request at the time of the move; ● Additional items to be moved that were not included in the mover's original estimate; ● Changes to the location or accessibility of building entrances, at either end of the move, that were not included in the mover's original estimate; and ● Changes to the previously agreed date of pickup or delivery. You should also be aware that, in case of a dispute between you and the mover, Colorado has an arbitration process available to resolve the dispute without going to court. If you have any questions, you are encouraged to call the PUC for guidance on your rights and obligations. I acknowledge that I have been given a copy of this consumer advisement to keep for my records. Signed __________________________ (shipper).

C.R.S. § 40-10.1-506 Delivery and storage of household goods

40-10.1-506. Delivery and storage of household goods. (1) A mover shall relinquish household goods to a shipper and shall place the goods inside a shipper's dwelling unless the shipper has not tendered payment in the amount specified in a contract signed and dated by the shipper. A mover shall not refuse to relinquish prescription medicines, medical equipment, medical devices, or goods for use by children, including children's furniture, clothing, or toys, under any circumstances. (2) A mover shall not refuse to relinquish household goods to a shipper or fail to place the goods inside a shipper's dwelling based on the mover's refusal to accept an acceptable form of payment. (3) A mover that lawfully refuses to relinquish a shipper's household goods may place the goods in storage until payment is tendered; however, the mover shall notify the shipper of the location where the goods are stored and the amount due within five days after receipt of a written request for that information from the shipper, which request shall include the address where the shipper may receive the notice. A mover shall not require a prospective shipper to waive any rights or requirements under this section.

C.R.S. § 40-10.1-507 Binding arbitration

40-10.1-507. Binding arbitration. In the event of a dispute between a mover and a shipper concerning the amount charged for services or concerning lost or damaged goods, the mover shall offer the shipper the opportunity to participate in binding arbitration under the uniform rules for better business bureau binding arbitration or a substantially similar binding arbitration process promulgated by the council of better business bureaus, incorporated, or its successor organization. If the shipper accepts the offer to arbitrate, the mover shall participate in good faith in the arbitration process and shall agree to be bound by the arbitrator's award.

C.R.S. § 40-10.1-508 Revocation of permit for failure to pay fine

40-10.1-508. Revocation of permit for failure to pay fine. (1) If a mover that holds a permit under this section fails to pay a fine or civil penalty imposed under this part 5 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, the permit is revoked immediately. Any of the following are disqualified from applying for a permit for thirty-six months after the date the fine or civil penalty is due: (a) The mover; (b) Any owner, principal, officer, member, partner, or director of the mover; and (c) Any other entity owned or operated by that owner, principal, officer, member, partner, or director. (2) This disqualification is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

C.R.S. § 40-10.1-509 Outreach - fund

40-10.1-509. Outreach - fund. The moving outreach fund is hereby created in the state treasury. The fund consists of one-half the penalties collected from movers and credited to the fund under section 40-7-112. The commission shall use the fund to educate consumers about their rights and the responsibilities of movers under this part 5. This outreach includes public service announcements about the licensing of movers. The moneys in the fund and any interest earned on moneys in the fund remain in the fund and do not revert to the general fund at the end of any fiscal year.

C.R.S. § 40-10.1-601 Short title

40-10.1-601. Short title. This article shall be known and may be cited as the "Transportation Network Company Act".

C.R.S. § 40-10.1-602 Definitions

40-10.1-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing services for a transportation network company that meets the vehicle criteria set forth in this part 6. (2) "Prearranged ride" means a period of time that begins when a driver accepts a requested ride through a digital network, continues while the driver transports the rider in a personal vehicle, and ends when the rider departs from the personal vehicle. (2.5) "School" means a public school that enrolls students in any of the grades of kindergarten through twelfth grade. (2.6) "Student" means an individual enrolled in a school. (3) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity, operating in Colorado, that uses a digital network to connect riders to drivers for the purpose of providing transportation. A transportation network company does not provide taxi service, transportation service arranged through a transportation broker, ridesharing arrangements, as defined in section 39-22-509 (1)(a)(II), C.R.S., or any transportation service over fixed routes at regular intervals. A transportation network company is not deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers. A transportation network company does not include a political subdivision or other entity exempted from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended. (4) "Transportation network company driver" or "driver" means an individual who uses his or her personal vehicle to provide services for riders matched through a transportation network company's digital network. A driver need not be an employee of a transportation network company. (5) "Transportation network company rider" or "rider" means a passenger in a personal vehicle for whom transport is provided, including: (a) An individual who uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle for the individual and anyone in the individual's party; or (b) Anyone for whom another individual uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle. (6) (a) "Transportation network company services" or "services" means the provision of transportation by a driver to a rider with whom the driver is matched through a transportation network company. (b) "Transportation network company services" or "services" does not include services provided using vehicles owned or leased by a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended. (c) "Transportation network company services" or "services" includes services provided under a contract between a transportation network company and a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.

C.R.S. § 40-10.1-603 Limited regulation

40-10.1-603. Limited regulation. Transportation network companies are governed exclusively by this part 6, except as otherwise provided in article 6 of title 25.5. A transportation network company is not subject to the commission's rate, entry, operational, or common carrier requirements, other than those requirements expressly set forth in this part 6.

C.R.S. § 40-10.1-604 Registration - financial responsibility of transportation network companies - primary liability insurance - insurance protection against uninsured motorists

40-10.1-604. Registration - financial responsibility of transportation network companies - primary liability insurance - insurance protection against uninsured motorists. (1) A transportation network company shall comply with the filing requirements of part 3 and the registered agent requirement of part 7 of article 90 of title 7, C.R.S. (2) A transportation network company shall file with the commission documentation evidencing that the transportation network company or the driver has secured primary liability insurance coverage for the driver for incidents involving the driver during a prearranged ride. Coverage for incidents involving a driver during a prearranged ride must be in the amount of at least one million dollars per occurrence. The insurance policy must provide coverage at all times the driver is engaged in a prearranged ride. This subsection (2) becomes effective ninety days after June 5, 2014. (2.5) On and after August 10, 2022, for each transportation network company driver, the driver's transportation network company shall file with the commission, in a manner prescribed by the commission, documentation evidencing that the transportation network company has secured insurance coverage against damage caused by uninsured motorists, as described in section 10-4-609, for the driver and for each transportation network company rider in the driver's personal vehicle for incidents involving the driver during a prearranged ride. Such coverage must be in the amounts of at least two hundred thousand dollars per person and four hundred thousand dollars per occurrence. The insurance policy must provide coverage to drivers and riders at all times the driver is engaged in a prearranged ride. (3) For the period of time when a driver is logged into a transportation network company's digital network but is not engaged in a prearranged ride, the following insurance requirements apply: (a) Repealed. (b) On or before January 15, 2015, and thereafter, a driver or a transportation network company on the driver's behalf shall maintain a primary automobile insurance policy that: (I) Recognizes that the driver is a transportation network company driver and covers the driver's provision of transportation network company services while the driver is logged into the transportation network company's digital network; (II) Meets at least the minimum coverage of at least fifty thousand dollars to any one person in any one accident, one hundred thousand dollars to all persons in any one accident, and for property damage arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of thirty thousand dollars in any one accident; and (III) Is one of the following: (A) Full-time coverage similar to the coverage required by commission rules promulgated under section 40-10.1-107 (1); (B) An insurance rider to, or endorsement of, the driver's personal automobile insurance policy required by the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.; or (C) A corporate liability insurance policy purchased by the transportation network company that provides primary coverage for the period of time in which a driver is logged into the digital network. (c) Repealed. (d) If a transportation network company purchases an insurance policy under this subsection (3), it shall provide documentation to the commission evidencing that the transportation network company has secured the policy. If the responsibility is placed on a driver to purchase insurance under this subsection (3), the transportation network company shall verify that the driver has purchased an insurance policy under this subsection (3). (4) A driver's personal automobile insurance policy that complies with part 6 of article 4 of title 10, C.R.S., is sufficient to satisfy the compulsory insurance requirements thereof. An insurance policy required by subsection (2) or subsection (3) of this section: ion (3), the transportation network company shall verify that the driver has purchased an insurance policy under this subsection (3). (4) A driver's personal automobile insurance policy that complies with part 6 of article 4 of title 10, C.R.S., is sufficient to satisfy the compulsory insurance requirements thereof. An insurance policy required by subsection (2) or subsection (3) of this section: (a) May be placed with an insurer licensed under title 10, C.R.S., or with a surplus lines insurer authorized under article 5 of title 10, C.R.S.; and (b) Need not separately satisfy the requirements of part 6 of article 4 of title 10, C.R.S. (5) Nothing in this section requires a personal automobile insurance policy to provide coverage for the period of time in which a driver is logged into a transportation network company's digital network. (6) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided on a pro rata basis among all of the applicable policies. This equal division of responsibility may only be modified by the written agreement of all of the insurers of the applicable policies and the owners of those policies. (7) In a claims coverage investigation, a transportation network company shall cooperate with an insurer that also insures the driver's transportation network company vehicle, including the provision of relevant dates and times during which an incident occurred that involved the driver while the driver was logged into a transportation network company's digital network. (8) Nothing in this section modifies or abrogates any otherwise applicable insurance requirements set forth in title 10, C.R.S. (9) If a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle. The commission shall not assess any fines as a result of a violation of this subsection (9).

C.R.S. § 40-10.1-605 Operational requirements - rules

40-10.1-605. Operational requirements - rules. (1) The following requirements apply to the provision of services: (a) A driver shall not provide services unless a transportation network company has matched the driver to a rider through a digital network. A driver shall not solicit or accept the on-demand summoning of a ride, otherwise known as a "street hail". (b) A transportation network company shall make available to prospective riders and drivers the method by which the transportation network company calculates fares or the applicable rates being charged and an option to receive an estimated fare. (c) Upon completion of a prearranged ride, a transportation network company shall transmit to the rider an electronic receipt, either by electronic mail or via text message, documenting: (I) The point of origin and destination of the prearranged ride; (II) The total duration and distance of the prearranged ride; (III) The total fare paid, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride; and (IV) The driver's first name and telephone number. (d) Before permitting a person to act as a driver on its digital network, a transportation network company shall confirm that the person has self-certified to the transportation network company through the transportation network company's online application or digital network that he or she is physically and mentally fit to drive, is at least twenty-one years of age, and possesses: (I) A valid driver's license; (II) Proof of automobile insurance; and (III) Proof of a Colorado vehicle registration. (IV) (Deleted by amendment, L. 2021.) (e) A driver shall not offer or provide transportation network company services for more than twelve consecutive hours. (f) A transportation network company shall implement an intoxicating substance policy for drivers that disallows any amount of intoxication of the driver while providing services. The transportation network company shall include on its website and mobile device application software a notice concerning the transportation network company's intoxicating substance policy. (g) (I) A transportation network company shall conduct or have a certified mechanic conduct a safety inspection of a prospective driver's vehicle before it is approved for use as a personal vehicle and shall have periodic inspections of personal vehicles conducted thereafter, at intervals of at least one inspection per year. A safety inspection shall include an inspection of: (A) Foot brakes; (B) Emergency brakes; (C) Steering mechanism; (D) Windshield; (E) Rear window and other glass; (F) Windshield wipers; (G) Headlights; (H) Tail lights; (I) Turn indicator lights; (J) Stop lights; (K) Front seat adjustment mechanism; (L) The opening, closing, and locking capability of the doors; (M) Horn; (N) Speedometer; (O) Bumpers; (P) Muffler and exhaust system; (Q) Tire conditions, including tread depth; (R) Interior and exterior rear-view mirrors; and (S) Safety belts. (II) Effective ninety days after June 5, 2014, the commission may also conduct inspections of personal vehicles. (h) A personal vehicle must: (I) Have at least four doors; and (II) Be designed to carry no more than eight passengers, including the driver. (i) A transportation network company shall make the following disclosure to a prospective driver in the prospective driver's terms of service: While operating on the transportation network company's digital network, your personal automobile insurance policy might not afford liability coverage, depending on the policy's terms. designed to carry no more than eight passengers, including the driver. (i) A transportation network company shall make the following disclosure to a prospective driver in the prospective driver's terms of service: While operating on the transportation network company's digital network, your personal automobile insurance policy might not afford liability coverage, depending on the policy's terms. (j) (I) A transportation network company shall make the following disclosure to a prospective driver in the prospective driver's terms of service: If the vehicle that you plan to use to provide transportation network company services for our transportation network company has a lien against it, you must notify the lienholder that you will be using the vehicle for transportation services that may violate the terms of your contract with the lienholder. (II) The disclosure set forth in subparagraph (I) of this paragraph (j) must be placed prominently in the prospective driver's written terms of service, and the prospective driver must acknowledge the terms of service electronically or by signature. (k) A transportation network company shall make available to a rider a customer support telephone number on its digital network or website for rider inquiries. (l) The disclosure requirements set forth in this subsection (1) take effect on July 1, 2014. (m) (I) A transportation network company shall not disclose to a third party any personally identifiable information concerning a user of the transportation network company's digital network unless: (A) The transportation network company obtains the user's consent to disclose personally identifiable information; (B) Disclosure is necessary to comply with a legal obligation; or (C) Disclosure is necessary to protect or defend the terms and conditions for use of the service or to investigate violations of the terms and conditions. (II) The limitation on disclosure does not apply to the disclosure of aggregated user data and other information about the user that is not personally identifiable. (n) Any taxicab company or shuttle company authorized by the commission under this article may convert to a transportation network company model or may set up a subsidiary or affiliate transportation network company. In converting to a transportation network company model or setting up a transportation network company subsidiary or affiliate, a taxicab company or shuttle company authorized by the commission under this article may completely or partially suspend its certificate of public convenience and necessity issued under section 40-10.1-201. During the period of suspension of its certificate of public convenience and necessity, a taxicab company, shuttle company, or a subsidiary or affiliate of a taxicab company or shuttle company is exempt from taxi or shuttle standards under this article, the standards concerning the regulation of rates and charges under article 3 of this title, and any commission rules regarding common carriers promulgated under this article or article 3 of this title. (o) Each transportation network company shall require that each personal vehicle providing transportation network company services display an exterior marking that identifies the personal vehicle as a vehicle for hire. (p) A transportation network company that, for remuneration from a school or school district, provides services for students to or from a school, school-related activities, or school-sanctioned activities shall enter into a contract with the appropriate school or school district that may include specific provisions for the safety of student passengers, as determined by the school or school district. ) A transportation network company that, for remuneration from a school or school district, provides services for students to or from a school, school-related activities, or school-sanctioned activities shall enter into a contract with the appropriate school or school district that may include specific provisions for the safety of student passengers, as determined by the school or school district. (q) A transportation network company that, for remuneration from a school or school district, provides services for students to or from a school, school-related activities, or school-sanctioned activities shall use a technology-enabled integrated solution that provides end-to-end visibility into the ride for the transportation network company, the student's legal guardian, and the person that scheduled the ride. This solution must allow for global positioning system monitoring of the ride in real time for safety-related anomalies. (r) A transportation network company that, for remuneration from a school or school district, provides services for students to or from a school, school-related activities, or school-sanctioned activities shall ensure that each driver providing the service receives training in mandatory reporting requirements, safe driving practices, first aid and cardiopulmonary resuscitation, education on special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures. The transportation network company, not the driver, shall pay the cost of providing the training. No later than September 1, 2022, the commission shall, in coordination with the department of education, promulgate rules providing for the approval of the training used, and the transportation network company must have the training approved by the commission. (2) A transportation network company or a third party shall retain true and accurate inspection records for at least fourteen months after an inspection was conducted for each personal vehicle used by a driver. (3) (a) Before a person is permitted to act as a driver through use of a transportation network company's digital network, the person shall: (I) Obtain a criminal history record check pursuant to the procedures set forth in section 40-10.1-110 as supplemented by the commission's rules promulgated under section 40-10.1-110 or through a privately administered national criminal history record check, including the national sex offender database; and (II) If a privately administered national criminal history record check is used, provide a copy of the criminal history record check to the transportation network company. (b) A driver shall obtain a criminal history record check in accordance with subparagraph (I) of paragraph (a) of this subsection (3) every five years while serving as a driver. ncluding the national sex offender database; and (II) If a privately administered national criminal history record check is used, provide a copy of the criminal history record check to the transportation network company. (b) A driver shall obtain a criminal history record check in accordance with subparagraph (I) of paragraph (a) of this subsection (3) every five years while serving as a driver. (c) (I) A person who has been convicted of or pled guilty or nolo contendere to driving under the influence of drugs or alcohol in the previous seven years before applying to become a driver shall not serve as a driver. If the criminal history record check reveals that the person has ever been convicted of or pled guilty or nolo contendere to any of the following felony offenses, the person shall not serve as a driver: (A) An offense involving fraud, as described in article 5 of title 18, C.R.S.; (B) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; (C) An offense against property, as described in article 4 of title 18, C.R.S.; or (D) A crime of violence, as described in section 18-1.3-406, C.R.S. (II) A person who has been convicted of a comparable offense to the offenses listed in subparagraph (I) of this paragraph (c) in another state or in the United States shall not serve as a driver. (III) A transportation network company or a third party shall retain true and accurate results of the criminal history record check for each driver that provides services for the transportation network company for at least five years after the criminal history record check was conducted. (IV) A person who has, within the immediately preceding five years, been convicted of or pled guilty or nolo contendere to a felony shall not serve as a driver. (4) (a) Before permitting an individual to act as a driver on its digital network, a transportation network company shall obtain and review a driving history research report for the individual. (b) An individual with the following moving violations shall not serve as a driver: (I) More than three moving violations in the three-year period preceding the individual's application to serve as a driver; or (II) A major moving violation in the three-year period preceding the individual's application to serve as a driver, whether committed in this state, another state, or the United States, including vehicular eluding, as described in section 18-9-116.5, C.R.S., reckless driving, as described in section 42-4-1401, C.R.S., and driving under restraint, as described in section 42-2-138, C.R.S. (c) A transportation network company or a third party shall retain true and accurate results of the driving history research report for each driver that provides services for the transportation network company for at least three years. (5) If any person files a complaint with the commission against a transportation network company or driver, the commission may inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint. (6) (a) A transportation network company shall provide services to the public in a nondiscriminatory manner, regardless of: Geographic location of the departure point or destination once the driver and rider have been matched through the digital network; race; ethnicity; gender; sexual orientation, as defined in section 2-4-401 (13.5); gender identity, as defined in section 2-4-401 (3.5); gender expression, as defined in section 2-4-401 (3.4); or disability that could prevent customers from accessing transportation. A driver shall not refuse to transport a passenger unless: (I) The passenger is acting in an unlawful, disorderly, or endangering manner; (II) The passenger is unable to care for himself or herself and is not in the charge of a responsible companion; or (III) The driver has already committed to providing a ride for another rider. ility that could prevent customers from accessing transportation. A driver shall not refuse to transport a passenger unless: (I) The passenger is acting in an unlawful, disorderly, or endangering manner; (II) The passenger is unable to care for himself or herself and is not in the charge of a responsible companion; or (III) The driver has already committed to providing a ride for another rider. (b) A transportation network company shall not impose additional charges for providing services to persons with physical or mental disabilities because of those disabilities. (c) A driver shall permit a service animal to accompany a rider on a prearranged ride. (d) If a rider with physical or mental disabilities requires the use of the rider's mobility equipment, a driver shall store the mobility equipment in the vehicle during a prearranged ride if the vehicle is reasonably capable of storing the mobility equipment. If the driver is unable to store a rider's mobility equipment in the driver's vehicle, the driver shall refer the rider to another driver or transportation service provider with a vehicle that is equipped to accommodate the rider's mobility equipment. (7) (a) A transportation network company is not liable for a driver's violation of subsection (6) of this section unless the driver's violation has been previously reported to the transportation network company in writing, and the transportation network company has failed to reasonably address the alleged violation. The commission shall afford a transportation network company the same due process rights afforded transportation providers in defending against civil penalties assessed by the commission. (b) The commission may assess a civil penalty up to five hundred fifty dollars under this subsection (7). (8) Within ten days of receiving a complaint about a driver's alleged violation of subsection (6) of this section, the commission shall report the complaint to the transportation network company for which the driver provides services. (9) A driver shall immediately report to the transportation network company any refusal to transport a passenger pursuant to paragraph (a) of subsection (6) of this section, and the transportation network company shall annually report all such refusals to the commission in a form and manner determined by the commission. (10) A transportation network company shall not use a driver to provide services for students to or from a school, school-related activities, or school-sanctioned activities for remuneration from a school or school district if the driver has been convicted of or pled guilty or nolo contendere to an offense described in section 22-32-109.8 (6.5).

C.R.S. § 40-10.1-606 Permit required for transportation network companies - annual permit fee - penalty for violation - rules

40-10.1-606. Permit required for transportation network companies - annual permit fee - penalty for violation - rules. (1) A person shall not operate a transportation network company in Colorado without first having obtained a permit from the commission. (2) (a) Repealed. (b) On and after January 1, 2024, the commission shall issue a permit to each transportation network company that meets the requirements of this part 6 and pays an annual permit fee to the commission in an amount that the commission sets administratively with approval of the executive director of the department of regulatory agencies and that does not exceed one hundred eleven thousand two hundred fifty dollars. Before increasing a permit fee pursuant to this subsection (2)(b), the commission shall notify transportation network companies in writing of the increased fee at least thirty days before the increased fee takes effect. (c) The commission may adopt rules establishing different tiers of permit fees to be set administratively for distinct types of transportation network companies based on the commission's consideration of market factors, including: (I) A transportation network company's market share in the areas in which it operates; (II) The number of years that a transportation network company has operated in the state; (III) Whether a newly formed transportation network company entering the market is: (A) An affiliate or a subsidiary of an existing motor carrier; (B) A taxicab company or shuttle company that has converted to a transportation network company pursuant to section 40-10.1-605 (1)(n); or (C) A new entity that has not previously been a motor carrier and is not an affiliate or a subsidiary of a motor carrier; and (IV) The transportation network company's ownership structure. (d) In establishing different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall ensure that the revenue generated from all transportation network company permit fees approximates the direct and indirect costs of the commission in the supervision and regulation of transportation network companies. (e) If the commission adopts rules to establish different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall publish the criteria that it used to establish the different tiers of permit fees on the commission's website. (3) The commission shall determine the form and manner of application for a transportation network company permit. (4) The commission may take action against a transportation network company as set forth in section 40-10.1-112, including issuing an order to cease and desist and suspending, revoking, altering, or amending a permit issued to the transportation network company. (5) (a) For a violation of this part 6 or a failure to comply with a commission order, decision, or rule issued under this part 6, a transportation network company is subject to the commission's authority under sections 40-7-101, 40-7-112, 40-7-113, 40-7-115, and 40-7-116. (b) The commission shall not assess a penalty against a driver. (6) The commission may deny an application under this part 6 or refuse to renew the permit of a transportation network company based on a determination that the transportation network company has not satisfied a civil penalty arising out of an administrative or enforcement action brought by the commission.

C.R.S. § 40-10.1-607 Fees - transportation network company fund - creation

40-10.1-607. Fees - transportation network company fund - creation. The commission shall transmit all fees payable to and collected by the commission pursuant to this part 6 to the state treasurer, who shall credit the fees to the transportation network company fund, which is hereby created in the state treasury. The money in the fund is continuously appropriated to the commission for the purposes set forth in this part 6. All interest earned from the deposit and investment of money in the fund is credited to the fund. Any money not expended at the end of the fiscal year remains in the fund and does not revert to the general fund or any other fund.

C.R.S. § 40-10.1-607.5 Fees - enterprise per ride fees - collection - distribution of fee proceeds - enterprise per ride fees fund - rules - definitions

40-10.1-607.5. Fees - enterprise per ride fees - collection - distribution of fee proceeds - enterprise per ride fees fund - rules - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Air pollution mitigation per ride fee" means the air pollution mitigation per ride fee imposed by the nonattainment area air pollution mitigation enterprise as required by section 43-4-1303 (7). (b) "Car share ride" means a prearranged ride for which the rider agrees, at the time the rider requests the ride through a digital network, to be transported with another rider who has separately requested a prearranged ride. (c) "Clean fleet per ride fee" means the clean fleet per ride fee imposed by the clean fleet enterprise created in section 25-7.5-103 (1)(a) as required by section 25-7.5-103 (7). (d) "Enterprise per ride fees" means the clean fleet per ride fee and the air pollution mitigation per ride fee. (2) For prearranged rides requested and accepted during state fiscal year 2022-23 or any subsequent state fiscal year, each transportation network company shall pay to the department of revenue, at the time and in the manner prescribed by the department, the enterprise per ride fees, which, for the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department shall collect on behalf of the enterprises. (3) The department of revenue shall transmit all net enterprise per ride fee revenue to the state treasurer, who shall credit the net revenue as follows: (a) All net clean fleet per ride fee revenue shall be credited to the clean fleet enterprise fund created in section 25-7.5-103 (5); and (b) All net air pollution mitigation per ride fee revenue shall be credited to the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5). (4) When collecting the enterprise per ride fees, the department of revenue shall retain an amount that does not exceed the total cost of collecting, administering, and enforcing the enterprise per ride fees and shall transmit the amount retained to the state treasurer, who shall credit it to the enterprise per ride fees fund, which is hereby created in the state treasury. All money in the enterprise per ride fees fund is continuously appropriated to the department of revenue to defray the costs incurred by the department in collecting, enforcing, and administering the enterprise per ride fees. (5) The collection, administration, and enforcement of the enterprise per ride fees collected as required by subsection (2) of this section shall be performed by the executive director of the department of revenue in the same manner as the collection, administration, and enforcement of state taxes pursuant to article 21 of title 39. The department of revenue may promulgate rules to implement this section.

C.R.S. § 40-10.1-608 Rules

40-10.1-608. Rules. (1) The commission may promulgate rules consistent with this part 6, including rules concerning administration, fees, and safety requirements. (2) The commission may promulgate rules requiring a transportation network company to maintain and file with the commission evidence of financial responsibility and proof of the continued validity of the insurance policy, surety bond, or self-insurance, but shall not require a transportation network company to file a copy of the insurance policy. (3) (a) In addition to any other rules authorized in this part 6, the commission shall coordinate with the department of education to promulgate rules implementing minimum safety standards for transportation network companies, personal vehicles, and transportation network company drivers when engaging in services provided under a contract with a school or school district. The commission shall promulgate the rules by September 1, 2022. (b) At least once every three years, the commission shall, in consultation with the department of education, review and, if necessary, update the rules promulgated in accordance with this subsection (3) as reasonably necessary to ensure safe student transportation. (c) Nothing in this subsection (3) prohibits a school or school district from setting higher standards for transporting a student to or from a school, school-related activity, or school-sanctioned activity.

C.R.S. § 40-10.1-609 Reporting requirements - rules

40-10.1-609. Reporting requirements - rules. (1) A transportation network company shall, within a reasonable time as determined by rules of the commission, notify the commission of any safety or security incidents that involve providing services for students to or from a school, school-related activities, or school-sanctioned activities. The transportation network company shall send the same notice to each school or school district with which the transportation network company has entered into a contract to provide services to students to or from a school, school-related activities, or school-sanctioned activities. (2) (a) By September 1, 2022, the commission shall promulgate rules requiring a transportation network company to report information related to driver background checks, insurance coverage, and data reporting, consistent with the type of service provided, as it relates to service for students. In promulgating the rules, the commission shall coordinate with the department of education. (b) At least once every three years, the commission shall, in consultation with the department of education, review and, if necessary, update the rules promulgated in accordance with this subsection (2).

C.R.S. § 40-10.1-701 Legislative declaration

40-10.1-701. Legislative declaration. (1) The general assembly finds and declares that: (a) Nothing in this part 7 requires or prohibits a motor carrier applying for a permit pursuant to section 40-10.1-702 (1)(a) to form a labor union nor requires any large-market taxicab service driver to join a labor union; and (b) If a motor carrier previously obtained a certificate of public convenience and necessity to provide taxicab service pursuant to section 40-10.1-201 and the certificate remains valid at a time that the motor carrier subsequently obtains a permit to operate large-market taxicab service under this part 7, the motor carrier's certificate constitutes a devalued asset for the motor carrier.

C.R.S. § 40-10.1-702 Large-market taxicab service - permit required - rules

40-10.1-702. Large-market taxicab service - permit required - rules. (1) (a) On and after January 1, 2019, a person shall not operate or offer to operate large-market taxicab service in intrastate commerce without first having obtained a permit to operate large-market taxicab service from the commission in accordance with this part 7. (b) A person may apply for a permit in a form and manner prescribed by the commission. (c) A permit issued pursuant to this section is valid for one year after the date of issuance. (2) Except as provided in section 40-10.1-704, the commission shall issue a permit to a motor carrier of passengers upon completion of the application filed pursuant to subsection (1) of this section, the payment of a fee determined by the commission, compliance with the financial responsibility requirements established by rule by the commission pursuant to section 40-10.1-107, and submission of current rate information pursuant to section 40-10.1-705. (3) In order to obtain a permit under this section, an applicant must demonstrate that each vehicle operated under the permit has been inspected within the immediately preceding twelve months by a qualified mechanic in accordance with rules promulgated by the commission. (4) (a) Except as provided in subsection (4)(b) of this section, a motor carrier providing large-market taxicab service must have at least twenty-five vehicles in its fleet at all times. (b) In El Paso, Larimer, and Weld counties, a motor carrier providing large-market taxicab service must have at least ten vehicles in its fleet at all times. (5) For each county served by a motor carrier providing large-market taxicab service pursuant to this part 7, the commission shall by rule determine the maximum rate that a motor carrier providing large-market taxicab service may charge its passengers.

C.R.S. § 40-10.1-703 Large-market taxicab service license plates - rules

40-10.1-703. Large-market taxicab service license plates - rules. (1) The commission shall create either a document or an electronic system that a person authorized to provide large-market taxicab service under this part 7 may use to verify to the department of revenue or the department's authorized agent that the person provides large-market taxicab service. (2) Upon request, the commission shall: (a) If the commission creates a document pursuant to subsection (1) of this section, provide the document to the person authorized to provide large-market taxicab service; or (b) If the commission creates an electronic system pursuant to subsection (1) of this section, provide the electronic verification to the department of revenue or its authorized agent. (3) The commission may promulgate rules to implement this section and to enforce section 42-3-236.

C.R.S. § 40-10.1-704 Permit revocation

40-10.1-704. Permit revocation. (1) If a motor carrier that holds a permit under this part 7 fails to comply with a final commission decision that assesses a fine or civil penalty pursuant to section 40-7-113 for a violation of this article 10.1 or a rule adopted pursuant to this article 10.1, the motor carrier's permit is revoked immediately. Any of the following persons are disqualified from applying for a permit for twenty-four months after the date of the permit revocation: (a) The motor carrier; (b) An owner, principal, officer, member, partner, or director of the motor carrier; and (c) Any other entity owned or operated by an owner, principal, officer, member, partner, or director of the motor carrier. (2) The disqualification set forth in subsection (1) of this section does not apply to revocation based on a failure to carry insurance unless the person knowingly operated the motor carrier without insurance. (3) The disqualification set forth in subsection (1) of this section is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

C.R.S. § 40-10.1-705 Rates - limitations - rules

40-10.1-705. Rates - limitations - rules. (1) Except as provided in subsections (2) and (3) of this section, large-market taxicab services are not subject to rate limitations imposed under part 2 of this article 10.1. (2) (a) A motor carrier operating a large-market taxicab service shall file with the commission, in the form and manner that the commission may designate, a schedule showing the rates, charges, and collections that the motor carrier collects, enforces, or intends to collect or enforce that affect or relate to the motor carrier's large-market taxicab service operations. (b) The commission shall not limit the number or frequency of rate schedules that a motor carrier may file with the commission pursuant to subsection (2)(a) of this section. (c) Unless a filed rate schedule exceeds the maximum rate set by the commission by rule pursuant to section 40-10.1-702 (5), the commission shall not reject a rate schedule filed with the commission unless the schedule was not filed in the form and manner designated by the commission pursuant to subsection (2)(a) of this section. The commission shall not amend any rate schedule filed with the commission pursuant to this section. (3) It is unlawful for a motor carrier operating a large-market taxicab service to carry or advertise that it will carry individuals in a manner contrary to the filing required under subsection (2)(a) of this section. (4) The commission may promulgate rules consistent with this section to implement the system of schedule filings required by this section.

C.R.S. § 40-10.1-801 Permit requirements - rules

40-10.1-801. Permit requirements - rules. (1) (a) Effective January 1, 2020, a person shall not operate or offer to operate as a vehicle booting company in intrastate commerce without first having obtained a permit from the commission in accordance with this article 10.1. (b) A person may apply for a permit under this part 8 to the commission in the form and with the information as the commission requires. Permits are valid for one year after the date of issuance. (2) The commission may deny an application under this part 8 of a person who has, within the immediately preceding five years, been convicted of, or pled guilty or nolo contendere to, a felony. The commission may also deny an application under this part 8 or refuse to renew the permit of a vehicle booting company based upon a determination that the vehicle booting company or any of its owners, principals, officers, members, partners, or directors has not satisfied a civil penalty arising out of any administrative or enforcement action brought by the commission. (3) (a) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a vehicle booting company upon completion of the application and the filing of proof of workers' compensation insurance coverage in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, and with the financial responsibility requirements of this title 40 and may attach to the permit and to the exercise of the rights granted by the permit any restrictions, terms, and conditions, including altering the rates and charges of the applicant, as are reasonably deemed necessary for the protection of the property of the public. (b) If a vehicle booting company violates this article 10.1, any other applicable provision of law, or any rule or order of the commission issued under this article 10.1 and as a result is ordered by a court or by the commission to pay a fine or civil penalty that the vehicle booting company subsequently fails to pay in full within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then: (I) The vehicle booting company's permit is revoked immediately; and (II) The vehicle booting company, its owners, principals, officers, members, partners, and directors, and any other entity owned or operated by one or more of those owners, principals, officers, members, partners, or directors, may be disqualified from obtaining or renewing any operating authority under this title 40 for a period of five years after the date on which the fine or civil penalty was due. The period of disqualification pursuant to this subsection (3)(b)(II) is in addition to, and not in lieu of, and does not affect, any other penalty or period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4). (c) A vehicle booting company's facilities and vehicles are subject to inspection by the commission and by authorized personnel of the Colorado state patrol, which agency shall promptly report to the commission concerning any violations revealed by an inspection. (4) The commission may promulgate rules as necessary and reasonable to implement this part 8, including rules regarding signage and drop fees. (5) There is hereby created in the state treasury the vehicle booting cash fund, referred to in this section as the "fund", consisting of any fee revenue collected by the commission pursuant to this part 8 and transmitted to the state treasurer for credit into the fund and any other money that the general assembly may appropriate or transfer to the fund. The money in the fund is continuously appropriated to the commission for its implementation of this part 8. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-40.docxFetched: 10/6/2026