8 CCR 1507-28
DEPARTMENT OF PUBLIC SAFETY Colorado State Patrol – Port of Entry PORT OF ENTRY RULES FOR COMMERCIAL MOTOR CARRIER SIZE, WEIGHT AND CLEARANCE 8 CCR 1507-28 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ RULE 1 RULES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS Definitions 1. Tandem Axle Two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle, all of which are in contact with the ground. If only one of a set of multiple axles is in contact with the ground, the configuration is not a tandem axle until it is actually used as such.
2. Cargo The goods carried as freight by a commercial vehicle.
3. Specialized Automobile Transporter Any vehicle combination designed and used specifically for the transport of assembled highway vehicles, including truck camper units. The specialized automobile transporter will be designed to carry vehicles on the power unit behind the cab or on an over-cab rack.
4. Load Transference Device. A device permanently attached to the rear of another vehicle that is validly registered as a separate vehicle. A load transference device shall not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles, and shall not carry any portion of a load upon itself but shall be designed and utilized for transference of a portion of the total gross weight of another vehicle/load onto itself. Vehicle Weight 1. Wheel and Axle Loads (a) § 42-4-507(3) (a) C.R.S. applies to vehicles using a single drive-axle configuration that are not operating on an interstate highway. Vehicles equipped with a self-compactor and used solely for the transporting of trash are not afforded the relief found in § 42-4-507(3)
(b) Vehicles equipped with a self-compactor and used solely for the transporting of trash that are equipped with and using a tandem drive-axle must comply with § 42-4-507(2) (c) C.R.S.
(c) Any vehicle that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the auxiliary power or idle reduction technology unit up to 550 lbs., exempted from the calculation of actual axle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove:
Code of Colorado Regulations 1
Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 550 lbs., or the weight certified whichever is less.
(d) Any over-the-road bus, or any vehicle which is regularly and exclusively used as an intrastate public agency transit passenger bus, is excluded from the axle weight limit found in § 42- 4-507(2) (b), C.R.S.
2. Gross Vehicle Weight (a) The legal gross weight limit for a vehicle or combination of vehicles, as stated in § 42-4-508 C.R.S., shall be determined by the actual number of axles in contact with the road surface.
(b) Where a vehicle in a combination of vehicles, does not carry at least 10 percent of the overall gross weight of the combination of vehicles as required in §42-4-508(1)(c)(IV) C.R.S., the legal gross weight limit will be determined by the single vehicle weight limits found in § §42-4-508(1)(a)(ll), 42-4-508(1)(a)(lll), 42-4-508(1)(b), 42-4-508(1)(c)(l), 42-4-508(1) (c) (II), or 42-4-508(1) (c) (III) CRS, as determined by the number of axles utilized by the vehicle and the route traveled.
Vehicle Width 1. Vehicle components not excluded by law or regulation shall be included in the measurement of the width of commercial motor vehicles.
2. The following shall be excluded from the measured width of commercial motor vehicles: Rear view mirrors, turn signal lamps, handholds for cab entry/egress, splash and spray suppressant devices, load induced tire bulge.
3. Devices that do not carry property and do not exceed three inches from the side of the vehicle are excluded from the width of the vehicle.
4. Excluded devices may not be combined for additional excluded width. Vehicle Length 1. Vehicle components not excluded by law or regulation shall be included in the measurement of the length of commercial motor vehicles.
2. Vehicle length is generally measured from front-most fixed point (generally front bumper) to rear-most fixed point (generally where brake lights are located.) Any truck with any permanently mounted appurtenance that projects beyond the front, rear, or both, of the vehicle to which it is mounted, becomes a part of the vehicle and is included in overall vehicle length measurement. Lamps or flags on projecting loads, or devices exempted from length are not considered a projection or overhang. (§ 42-4-209 C.R.S., or § 42-4-504 C.R.S.)
3. Drawbar or tongue lengths on trailers.
Code of Colorado Regulations 2 (a) Where the drawbar or tongue is of rigid construction, the measurement will be taken from the rear most point of the power unit’s cargo box to the front most point of the trailer's main frame.
(b) Where the drawbar or tongue is hinged, the measurement will be taken from the rear most of the power unit’s cargo box to the front most point of the hinge.
(c) A tool or accessory box welded to or carried on the drawbar or tongue does not factor into the calculation of drawbar or tongue length because a tool or accessory box is not considered cargo, nor does it carry cargo.
4. Pole trailers of flexible designs that are primarily designed for the transportation of cargo must have the connection between vehicles reduced to fifteen feet or less when operating without cargo, if the overall length of the vehicle combination exceeds fifty-five feet.
5. All overall length provisions regarding specialized automobile transporters are exclusive of front and rear cargo overhang. Extendable ramps or "flippers” on specialized automobile transporters are excluded from the measurement of vehicle length, but must be retracted when not supporting vehicles. Extendable devices that are not supporting vehicles and have not been retracted will be included in the measurement of vehicle length.
6. The following shall be excluded from the measured length of commercial motor vehicles: Rear view mirrors, turn signal lamps, handholds for entry/egress, splash and spray suppressant devices;
7. Devices that do not carry property and do not exceed the dimensional limitation are excluded from length.
8. Excluded devices may not be combined for additional excluded length. Vehicle Height 1. The Colorado Department of Transportation designation of maximum height limits shall be as designated on its Height Restriction Map.
RULE 2 ADMINISTRATION AND OPERATIONS The Branch Commander Colorado State Patrol, Motor Carrier Services may delegate in writing any responsibility, held by the position of the Branch Commander, to any employee of the Port of Entry. RULE 3 MOBILE PORTS OF ENTRY 3.1 Mobile ports of entry weigh stations may be operated at any appropriate location on any road or highway of this state by officers of the Colorado State Patrol. Mobile port of entry weigh stations shall be posted to inform owners and operators of vehicles required to stop and procure a clearance as required by Section 42-8-101 Et Seq., C.R.S.
3.2 Mobile ports of entry weigh stations have the same duty and authority as permanent ports of entry weigh stations.
RULE 4 DETAINING VEHICLES AND OPERATORS
4.1
(a) Ports of entry officers are duly appointed peace officers and representatives of the Colorado State Patrol. They may restrain and detain persons or vehicles and impound any motor Code of Colorado Regulations 3 vehicle on the lawful request from any other law enforcement agency recognized by this state for the purpose of the collection of taxes (b) A requesting agency must provide sufficient verifiable information that can be readily used to identify the person or vehicle to be restrained, detained or impounded and a reasonable basis by rule of law for the detention or impoundment.
4.2
(a) Motor vehicles detained or impounded by Port of Entry officers at the request of the Department of Revenue may be released promptly upon payment of taxes and fees due or the making of a deposit sufficient to pay the same in full, after proper computations and adjustments have been made.
(b) The cargo of any impounded vehicle may be transferred to any properly licensed and qualified motor vehicle and be permitted to proceed.
RULE 5 DUTY TO STOP AND WEIGH 5.1 The route which a reasonably prudent commercial vehicle owner or operator would take from the same points of departure and destination is "the route which would normally be traveled from the point of departure to the point of destination." If the owner or operator has not secured a previous clearance, or a special revocable permit , the vehicle owner or operator must seek out the first permanent port of entry weigh station located within five road miles of the normal route before proceeding to the point of destination, or prior to removing the load from the vehicle. An owner or operator is in violation of this section if the owner or operator has failed to seek out a permanent port of entry weigh station that is located within five road miles of the route that the owner or operator would normally follow. An owner or operator is not required to seek out and obtain clearance in the event that a specific trip does not come within five road miles of a permanent port of entry.
5.2 Every owner or operator is required to stop at every port of entry weigh station located directly on the route of travel, notwithstanding the fact that the owner or operator has secured a previous clearance or has obtained a special revocable permit, as provided in subsection (4) of 42-8-105, C.R.S.
RULE 6 SPECIAL REVOCABLE PERMITS 6.1 Special Revocable Permits authorize a carrier, owner, or operator to conduct commercial vehicle operations without meeting the port clearance requirements of § 42-8-105(1), C.R.S., This rule defines regularly scheduled routes and provides provisions that protect the motoring public by addressing requirements for the safe operation of commercial vehicles operating under the scope of the special revocable permit.
Code of Colorado Regulations 4 6.2 Permit holder. For the purposes of this rule, the carrier, owner or operator is the holder of the permit, and is responsible for the violations obtained by any operator of its vehicles to which a permit is issued.
6.3 Definition of Regularly Scheduled Route. The permit holder must operate over a regularly scheduled route. For the purposes of this section, regularly schedule route shall be defined as a route provided by an applicant that the Colorado State Patrol has determined to be normal for departures, arrivals, deliveries, or loading. The determination may be based upon such criteria as day of the week, time of day, point of departure, arrival, delivery, or loading, The regularly scheduled route must originate in, terminate in, or service enterprises within five road miles of the affected permanent port of entry weigh station. The Colorado State Patrol shall have the right and discretion to assign special conditions upon the issuance or use of a special revocable permit whenever it deems such conditions to be necessary or advisable.
6.4 Issuance. The special revocable permit is to be issued by the Colorado State Patrol Port of Entry upon the recommendation and with the approval of the Port of Entry Director or designee.
6.5 Application. Application for special revocable permits shall be made on Special Revocable Permit Application forms provide by the Colorado State Patrol. The Colorado State Patrol shall collect any information it deems necessary for the issuance of Special Revocable Permits.
6.6 Permits. Each such permit shall be valid for a maximum of 36-months. A conditional permit shall be issued when the Colorado State Patrol determines upon review that the number and type of violations, safety record, or port clearance record is not satisfactory. The conditional permit shall be issued and the holder must demonstrate corrective actions are being made to continue to qualify for the permit.
6.7 The permit shall be issued to the permit holder and must be carried at all times in any authorized vehicle operated over the approved route and upon demand it must be submitted for inspection by the Colorado State Patrol, Port of Entry, or other state and local law enforcement officers. The permit is not transferable. Issuance of the permit does not affect the right of any lawful authority to stop a vehicle and check for operating credentials, oversize, overweight, or violation of the motor vehicle laws. The permit is invalid when the authorized vehicle is not operating within the scope of the approved regularly scheduled route.
6.8 Compliance. The permit holder agrees that all transportation operations shall be in compliance with any applicable laws, including federal, state, county, or local municipality. Permits may be suspended, revoked, or applications may be denied by the Colorado State Patrol if the permit holder demonstrates a pattern of non-compliance with applicable laws, indicated by a violation convictions obtained by any vehicle operator of the permit holder.
6.9 Denial of an Application
An application may be denied if:
(a) The applicant has failed to pay taxes or registration fees when due, or (b) The applicant is subject to the payment of recurrent distraint penalties as provided in subsection (7) of § 39-21-114, C.R.S.
(c) Any vehicle operator of the applicant demonstrates a pattern of non-compliance with the duty to stop and weigh (§ 42-4-509(3), C.R.S.,) or duty to obtain a clearance( § 42-8-105) within a twelve (12) month period prior to the application for the special revocable permit, or Code of Colorado Regulations 5 (d) Any vehicle operator of the applicant has been convicted of three (3) of more violations of size and weight requirements (§ 42-4-501, et seq) within a twelve (12) month period prior to the application for the special revocable permit (§ 42-4-509(3), (e) The safety rating of the applicant is 75 or higher when the applicant's carrier snapshot does not have a rating or the rating is unsatisfactory. When the safety rating is seventy-five
(f) The applicant misuses, or uses in a fraudulent manner, any valid or invalid permit or license, or (g) The application misrepresents or provides inaccurate information regarding its regularly scheduled route.
6.10 Permit Suspension
A permit or permits may be suspended if:
(a) The permit holder fails to pay taxes or registration fees when due, or (b) The permit holder is subject to the payment of recurrent distraint penalties as provided in subsection (7) of § 39-21-114, C.R.S.
(c) The permit holder utilizes the permit for the purpose of evading any law, or (d) The permit holder has violated the conditions of the special revocable permit, or (e) Any vehicle operator of the applicant demonstrates a pattern of non-compliance with the duty to stop and weigh (§ 42-4-509(3), C.R.S.,) or duty to obtain a clearance ( § 42-8-105) within a twelve (12) month period.
(f) Any vehicle operator of the applicant has been convicted of three (3) of more violations of size and weight requirements (§ 42-4-501, et seq) within a twelve (12) month period.
(g) The safety rating of the applicant is 75 or higher when the applicant's carrier snapshot does not have a rating or the rating is unsatisfactory. When the safety rating is seventy-five
(h) Each vehicle for which a permit has been issued does not obtain port clearance from the affected port of entry at least once per quarter, or (i) The permit holder misuses any permit or license, or (j) The approved regularly scheduled route is altered or discontinued.
6.11 Permit Revocation
A permit or permits may be revoked if the permit holder who has been subject to a previous suspension continues to demonstrate a pattern of non-compliance with applicable law and rules, and fails to comply with any conditional permit, and/or fails to take any steps as may be directed by the Colorado State Patrol to improve or re-gain compliance within a prescribed period.
6.12 The Colorado State Patrol may deny application, suspend, or revoke any special revocable permit for non-compliance by written notice. Within thirty (30) days of receiving the written notice the carrier may request a hearing on the application denial, suspension, or revocation by making a Code of Colorado Regulations 6 written request to the Branch Commander of the Motor Carrier Services Branch of the Colorado State Patrol, 15075 S. Golden Road, Golden, Colorado 80401.
(a) The Branch Commander or his or her delegate shall hold the hearing. The issue at the hearing shall be whether the permit holder as complied with these rules.
(b) The Branch Commander or delegate shall issue a written decision within twenty (20) business days of the completion of the hearing. If the Branch Commander finds that the evidence of non-compliance is sufficient, then the suspension, revocation, or application denial shall be sustained. If the Branch Commander finds that the evidence of non- compliance is insufficient, then the suspension, revocation, or application denial shall be immediately be lifted and the Special Revocable Permit(s) shall be issued or reinstated. (c)The decision by the Branch Commander or delegate shall constitute final agency action and is subject to judicial review as provided by § 24-4-106, C.R.S.
6.13 The Colorado State Patrol shall respond to all applications for special revocable permits within thirty (30) days of receiving a completed application.
_________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/30/2013.
Code of Colorado Regulations 7