Port of Entry Weigh Stations

C.R.S. tit. 42, art. 8

in effect

C.R.S. § 42-8-101 Legislative declaration

42-8-101. Legislative declaration. In order to facilitate enforcement of the laws of the state of Colorado concerning motor carriers and the owners and operators of motor vehicles; to equally distribute the payments of any fees, licenses, or taxes imposed by the laws of this state on motor carriers and the owners and operators of motor vehicles, and to effect the collection thereof; and to assist motor carriers and the owners and operators of motor vehicles to comply with all tax laws, rules, and regulations pertaining to them, it is declared necessary to establish port of entry weigh stations on the public highways of this state.

C.R.S. § 42-8-102 Definitions

42-8-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Motor vehicles" means trucks, truck tractors, trailers, and semitrailers or combinations thereof. (2) "Person" means an individual, a partnership, a corporation, a company, or an association. (3) "Port of entry officer" means a uniformed member of the Colorado state patrol who is not a trooper and whose powers and duties are described in section 42-8-104 (2).

C.R.S. § 42-8-103 Ports of entry - operation by Colorado state patrol

42-8-103. Ports of entry - operation by Colorado state patrol. (1) (Deleted by amendment, L. 2012.) (2) The chief of the Colorado state patrol shall be responsible for establishing and operating port of entry weigh stations at such points along the public highways of this state as are determined to be necessary to carry out the purposes of this article. The chief shall authorize permanent port of entry weigh stations and mobile port of entry weigh stations to be established and operated by the Colorado state patrol. The location or relocation of the stationary or mobile port of entry weigh stations shall be determined by the chief.

C.R.S. § 42-8-104 Powers and duties - rules

42-8-104. Powers and duties - rules. (1) The chief of the Colorado state patrol shall issue such rules as the chief deems necessary to implement this article and carry out its purposes. All permanent port of entry weigh stations established under the authority of this article shall be operated at times determined by the chief so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a port of entry weigh station. All port of entry weigh stations, either permanent or mobile, shall be equipped with weighing equipment approved as to accuracy by the division of inspection and consumer services of the department of agriculture. (2) A port of entry officer, during the time that the officer is actually engaged in performing the officer's duties as such and while acting under proper orders or rules issued by the chief of the Colorado state patrol, shall exercise all the powers invested in peace officers in connection with directing traffic and in the enforcement of the provisions of this article 8; articles 2, 3, and 20 of this title 42; part 5 of article 4 of this title 42; and sections 42-4-106 (5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414; except that an officer does not have the power to serve civil writs and process and, in the exercise of the officer's duties, an officer has the authority to restrain and detain persons or vehicles and may impound any vehicle until any tax or license fee imposed by law is paid or until compliance is had with any tax or regulatory law or rule issued thereunder.

C.R.S. § 42-8-105 Clearance of motor vehicles at port of entry weigh stations

42-8-105. Clearance of motor vehicles at port of entry weigh stations. (1) Every owner or operator of a motor vehicle that is subject to payment of registration fees under the provisions of section 42-3-306 (5)(b) and every owner or operator of a motor vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating or gross combination weight rating of twenty-six thousand one pounds or more shall secure a valid clearance from an officer of the Colorado state patrol, or from a port of entry weigh station before operating the vehicle or combination of vehicles or causing the vehicle or combination of vehicles to be operated on the public highways of this state, but an owner or operator shall be deemed to have complied with the provisions of this subsection (1) if the owner or operator secures a valid clearance from the first port of entry weigh station located within five road miles of the route that the owner or operator would normally follow from the point of departure to the point of destination. An owner or operator shall not be required to seek out a port of entry weigh station not located on the route such owner or operator is following if the owner or operator secures a special revocable permit from the Colorado state patrol in accordance with the provisions of subsection (4) of this section. A vehicle with a seating capacity of fourteen or more passengers registered under the provisions of section 42-3-304 (13) or 42-3-306 (2)(c)(I) shall not be required to secure a valid clearance pursuant to this section. (2) It is unlawful for any owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section to permit the travel of such motor vehicle on the public highways of this state without first having secured a valid clearance as provided in said subsection (1), and every such owner or operator shall be required to seek out a port of entry weigh station for the purpose of securing such valid clearance, whether or not such port of entry weigh station is located on the route that the owner or operator is following, unless a valid clearance or a special permit in accordance with subsection (4) of this section has previously been secured. (3) Every owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section shall secure a valid clearance at each port of entry weigh station located on the route that the owner or operator would normally follow from the point of departure to the point of destination for verification of its previously secured clearance. (3.5) Every owner or operator of a motor vehicle subject to the provisions of subsection (1) of this section, when stopped for a lawful inspection, shall permit personnel of a port of entry weigh station to inspect the fuel tank of the vehicle for the purpose of ensuring that the vehicle is not operating on the public highways of the state using tax-exempt diesel fuel in violation of section 42-4-1414. (4) The Colorado state patrol may issue a special revocable permit to the owner or operator of any vehicle being operated over a regularly scheduled route waiving the requirement that the owner or operator seek out and secure a valid clearance at a port of entry weigh station not located directly on the route being followed. In order for the permit to be effective, the vehicle must be operating over a regularly scheduled route that has previously been cleared with the Colorado state patrol. (5) Any owner or operator of a motor vehicle that is subject to the provisions of sections 42-3-304 to 42-3-306, who is found guilty of violating the provisions and requirements of this section, shall be subject to the fines and penalties prescribed in section 42-8-109. (6) Repealed.

C.R.S. § 42-8-106 Issuance of clearance receipts

42-8-106. Issuance of clearance receipts. All owners and operators of motor vehicles subject to the payment of fees, licenses, or taxes imposed by the laws of this state, including foreign vehicles, that have not been properly certificated or permitted by the public utilities commission or that have not been approved by the department of revenue for monthly or periodic payment of such fees, licenses, or taxes shall be issued a clearance receipt at a port of entry weigh station only after such fees, licenses, or taxes that may be due are paid or compliance is had with regulatory acts. A clearance receipt issued under this section shall specify the date upon which issued and amounts of fees, licenses, or taxes to be paid. The receipt shall be valid only for the dates and trips specified thereon and for the length of time specified thereon. The Colorado state patrol, through the port of entry weigh stations, may also issue permits for oversize and overweight commercial hauls pursuant to rules and regulations governing such hauls established by the department of transportation. Failure to secure such clearance receipt shall subject the owner or operator to a penalty of double the amount of any tax, license, or fee due that shall be in addition to and distinct from the penalty provided for in section 42-8-109.

C.R.S. § 42-8-107 Construction and rights-of-way

42-8-107. Construction and rights-of-way. Within thirty days after receiving notification from the chief of the Colorado state patrol, the department of transportation shall make available without charge to the Colorado state patrol such rights-of-way upon or adjacent to the public highways of this state as are needed for the construction or reconstruction of port of entry weigh stations. If such rights-of-way are not available, the department of transportation shall acquire such rights-of-way as are needed to carry out the purposes of this article out of money in the state highway fund provided for right-of-way acquisition. If possible, the construction, reconstruction, and maintenance of port of entry weigh stations shall be accomplished with forces of the department of transportation within thirty days after notification by the chief of the Colorado state patrol requesting such work.

C.R.S. § 42-8-108 Cooperation among departments

42-8-108. Cooperation among departments. The governor of Colorado shall require the chief of the Colorado state patrol, the chief engineer of the department of transportation, the commissioner of agriculture, the director of the division of commerce and development, and the chair of the public utilities commission to cooperate to the fullest extent possible to the end that port of entry weigh stations established under authority of this article shall serve the broadest possible functions.

C.R.S. § 42-8-109 Fines and penalties

42-8-109. Fines and penalties. (1) Any person who drives a vehicle or owns a vehicle in violation of the provisions of section 42-8-105 (1) to (5) or 42-8-106 commits a class 2 misdemeanor traffic offense. (2) Notwithstanding the provisions of section 42-1-217, all fines and penalties imposed under this article shall be transmitted to the state treasurer, who shall credit the same to the state highway fund; except that, fifty percent of any fine or penalty imposed under this article for a violation occurring within the corporate limits of a city, town, or city and county or outside the corporate limits of a city, town, or city and county, which violation is cited by a law enforcement officer of such city, town, county, or city and county, shall be transmitted to the treasurer or chief financial officer of such city, town, county, or city and county, and the remaining fifty percent shall be transmitted to the state treasurer, who shall credit the same to the state highway fund. (3) In addition to the penalties imposed pursuant to subsection (1) of this section, the chief of the Colorado state patrol shall, upon the conviction of any owner or operator or of any agent, officer, or employee, after a third offense within one calendar year, notify the public utilities commission of such conviction, and the commission may suspend any license or permit for a period not to exceed six months or revoke all such certificates and permits issued to the owner or operator of such vehicles by the public utilities commission. Such certificate or permit can be suspended or revoked only after due notice and hearing and for good cause shown. The chief shall file a complaint with the public utilities commission, and the commission must hold a hearing within thirty days after filing of a complaint by the chief. If at the hearing the commission finds that the facts as stated in the complaint by the chief are substantially correct, the commission may immediately revoke all intrastate certificates and permits issued by it to such violator. (4) (Deleted by amendment, L. 96, p. 386, § 4, effective April 17, 1996.)

C.R.S. § 42-8-110 Expenses of administration appropriated from the highway users tax fund

42-8-110. Expenses of administration appropriated from the highway users tax fund. For the purpose of administering this article and for the operation, maintenance, and future construction of the port of entry weigh stations established pursuant to this article, there shall be appropriated from the highway users tax fund for each fiscal year such moneys as the general assembly may determine, upon presentation of a budget for that purpose in form and content in accordance with the provisions for submission of budget requests by state agencies.

C.R.S. § 42-8-111 Cooperative agreements with contiguous states for operations of ports of entry - rules

42-8-111. Cooperative agreements with contiguous states for operations of ports of entry - rules. (1) In addition to any other powers granted by law, the chief of the Colorado state patrol is hereby authorized to negotiate and enter into cooperative agreements with the designated representatives of contiguous states for the operations of ports of entry at the borders between Colorado and such contiguous states. (2) An agreement with a contiguous state or contiguous states for the operation of ports of entry at the borders between Colorado and such contiguous state or states entered into under the provisions of this section may include, but shall not be limited to, the following provisions: (a) The joint operation of ports of entry by Colorado and a contiguous state or contiguous states; (b) A grant of authority to the port of entry employees and officials of Colorado and to the port of entry employees and officials of each other state which is a party to such agreement to: (I) Collect any fees, taxes, and penalties which are imposed by other states which are parties to such agreement on behalf of such states and to remit such fees, taxes, and penalties to such states; and (II) Take actions to enforce the laws of other states that are parties to the agreement, including, but not limited to, the monitoring of licenses and other credential usage, the enforcement of tax restraint, distraint, or levy orders, the issuance of civil citations, and the conduct of any necessary equipment inspections. Port of entry personnel shall have and maintain the authority to enforce the provisions of section 42-4-1414 regarding the prohibition on the use of dyed fuel on Colorado highways. (c) The assignment of Colorado ports of entry employees and officials at jointly operated ports of entry outside of Colorado and the assignment of ports of entry employees and officials of contiguous states at ports of entry within Colorado; and (d) The allowance of such access to the data bases of Colorado and other states which are parties to such agreement by the employees and officials of each state as is necessary to enforce the laws of each such state and to operate under the terms of such agreement. (3) Any agreement entered into under the provisions of this section shall contain provisions which express the understanding that any employees and officials of any other state who are assigned to jointly operated ports of entry, who enforce the laws of Colorado under the terms of such agreement, or who otherwise act under the terms of such agreement shall not be compensated by Colorado and shall not be considered to be employees or officials of Colorado for the purposes of any employee rights or benefits. (4) The chief of the Colorado state patrol is hereby authorized to appoint employees and officials of a contiguous state as agents of the Colorado state patrol with the powers to enforce the laws of Colorado under the terms of cooperative agreements entered into under the provisions of this section. (5) The chief of the Colorado state patrol may promulgate such rules as are necessary for the implementation of the provisions of this section.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.docxFetched: 10/6/2026