8 CCR 1507-28
DEPARTMENT OF PUBLIC SAFETY 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.] _________________________________________________________________________ I. AUTHORITY TO ADOPT STANDARDS AND SPECIFICATIONS A. The Chief of the Colorado State Patrol (CSP) is authorized by the provisions of §42-8-104 (1), CRS, to adopt rules and regulations deemed necessary to enforce applicable statutes and regulations regarding commercial motor carriers, owners and operators through the operation of Port of Entry (POE) weigh stations on public highways within the state of Colorado.
II. GENERAL DEFINITIONS A. With respect to these rules, the following definitions are applicable unless otherwise specified:
1. AFFECTED POE: A permanent weigh station that is identified within a Special Revocable Permit (SRP). An SRP may affect more than one POE weigh station.
2. ALTERNATIVE FUEL: Includes Compressed Natural Gas (CNG), propane, ethanol, or any mixture of ethanol containing 85% or more ethanol by volume with gasoline, electricity or other fuels, including clean diesel and reformulated gasoline so long as these other fuels make comparable reductions in carbon monoxide emissions and brown cloud pollutants as determined by the air quality control commission.
3. APPURTENANCE: A non cargo-bearing piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task. Includes awnings, support hardware and extractable equipment. Does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle.
4. CARGO: The goods carried as freight by a commercial vehicle.
5. HIGH-RISK MOTOR CARRIER: A non-passenger carrier that has:
a. A ranking at or above the 90th percentile in the unsafe driving, hours of service (HOS) compliance, vehicle maintenance, or crash indicator, behavior analysis safety improvement categories (collectively referred to as “BASICs”) for two or more consecutive months as reported by information received by the Federal Motor Carrier Safety Administration (FMCSA); and b. Has not received an onsite investigation in the previous 18 months.
6. OVER-THE-ROAD BUS: A bus characterized by an elevated passenger deck located over a baggage compartment and typically operated on the interstate highway system or on roads previously designated as making up the federal-aid primary system.
7. PERMIT HOLDER: A carrier, owner or operator to whom a permit is issued is a permit holder. Permit holders are responsible for any violations received by vehicle operators who operate vehicles affected by a permit on behalf of the permit holder.
8. PORT OF ENTRY (POE) OFFICER: A law enforcement officer and a uniformed member of the CSP who is not a trooper nor a civilian member. The scope of authority and the duties of a POE officer are described within §42-8-104 (2), CRS.
9. PROBATIONARY SPECIAL REVOCABLE PERMIT: An SRP that may be issued for a period of 12 months or less to a carrier, owner or operator who is:
a. Determined eligible, but unsatisfactory following review of their application, and violation, safety and/or port clearance records;
b. An SRP permit holder applying for a new SRP following the revocation of a prior SRP.
10. REGULARLY SCHEDULED ROUTE: A route provided to the CSP POE by an applicant for an SRP. Factors considered in whether the route traveled by an SRP applicant is regular include times or places of repeated normal departure, arrival, delivery, and/or loading activity. To be eligible for an SRP, a regularly scheduled route provided by an applicant to the CSP POE must be within five (5) road miles of a permanent weigh station.
11. SINGLE AXLE: All wheels, whose centers may be included within two (2)-parallel transverse vertical planes not more than 40 inches apart, extending across the full width of the vehicle.
12. SINGLE AXLE WEIGHT: The total weight transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes not more than 40 inches apart, extending across the full width of the vehicle.
13. SPECIAL REVOCABLE PERMIT (SRP): A permit that a carrier, owner or operator may apply for pursuant to §42-8-105 (4), CRS. An SRP waives the requirement of §42-8-105 (1), CRS, for a period of 36 months or less to seek and obtain clearance at a POE station that is not directly located on a carrier or operator’s regularly scheduled route. Eligibility for an SRP is based, in part, on the applicant’s or permit holder’s safety record and “BASICs” scores reported by the Federal Motor Carrier Safety Administration (FMCSA).
14. SPECIALIZED AUTOMOBILE TRANSPORTER: A 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.
15. 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.
a. 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.
16. TANDEM AXLE WEIGHT: The total weight transmitted to the road by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
III. PORT OF ENTRY OPERATIONS AND AUTHORITY A. DELEGATION OF AUTHORITY Delegation of any authority held by the Director of the CSP POE Branch relevant to POE Operations will occur in conformity with CSP policies.
B. PERMANENT AND MOBILE POE OPERATIONS 1. The Chief of the CSP shall authorize the establishment and operation of permanent POE weigh stations.
a. Permanent POE weigh stations shall be established and operated at such points along public highways of this state as are determined necessary.
b. The location or relocation of permanent weigh stations shall be determined by the Chief of the CSP.
c. All permanent POE weigh stations shall be operated at times determined by the Chief of the CSP so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, taxes, or to rules imposed by the state of Colorado, to comply with all such laws and rules by clearance at a POE weigh station.
2. The Chief of the CSP shall authorize the establishment and operation of mobile POE weigh stations.
a. Mobile POE weigh stations shall be established and operated at such points along public highways of this state as are determined necessary.
i. Mobile POE weigh stations will post signs giving notice of their operations. This notice shall inform owners and operators of vehicles required to stop and obtain clearance of their need to clear the mobile weigh station.
b. Mobile POE weigh stations have the same duties and authority as permanent POE weigh stations.
C. AUTHORITY OF POE OFFICERS 1. PEACE OFFICERS A POE officer, during the time that he or she is actually engaged in performing his or her duties and while acting under proper orders or rules issued by the Chief of the CSP, shall have and exercise all powers invested in peace officers in connection with the enforcement of §42-8-101, et al., CRS; Articles 2, 3, and 20 of Title 42, CRS; §42-4-501, et al., CRS; §42-4-209, CRS; §42-4-225 (1.5), CRS; §42-4-235, CRS; §42-4-1407, CRS; §42-4-1409, CRS; and §42-4-1414, CRS.
2. DETENTION OF OPERATORS, VEHICLES AND VEHICLE IMPOUND Within the scope of their authority, POE officers may restrain or detain persons and/or vehicles, impound vehicles or collect outstanding taxes on behalf of the state of Colorado.
a. POE officers may also restrain or detain persons and/or vehicles, impound vehicles or collect outstanding taxes pursuant to a lawful request from any other law enforcement agency recognized by this state.
i. An agency requesting detention must provide sufficient verifiable information that can be reliably used to identify the person or vehicle to be restrained, detained or impounded, in addition to providing a reasonable basis by rule of law for the detention, restraint or impoundment.
ii. Information supplied by a requesting agency for the detention or impoundment of any person or vehicle may be communicated verbally or in writing and must include:
b. Motor vehicles detained or impounded by POE officers at the request of the Department of Revenue (DOR) may be released promptly upon:
i. Payment of taxes and fees due;
ii. Making a deposit sufficient to pay the same in full, after proper computations and adjustments have been made; or iii. Request of DOR.
c. The cargo of any impounded vehicle may be transferred to any properly licensed and qualified motor vehicle and permitted to proceed.
IV. REGULATIONS A. POE CLEARANCE 1. DUTY TO STOP AND WEIGH a. Owners or operators of motor vehicles required to obtain clearance from the CSP POE pursuant to §42-8-105 (1), CRS, include:
i. Owners or operators of motor vehicles that are subject to payment of registration fees pursuant to §42-3-306 (5) (b), CRS;
ii. Owners or operators of motor vehicles displaying apportioned or GVW license plates; or iii. Owners or operators of motor vehicles or motor vehicle combinations having a Gross Vehicle Weight Rating (GVWR) or Gross Combined Weight Rating (GCWR) in excess of 26,000 pounds.
b. Owners or operators of motor vehicles may obtain required clearance by:
i. Securing a valid clearance from a CSP officer or POE weigh station before operating or causing the operation of the vehicle or combination of vehicles on the public highways of this state; or ii. Obtaining clearance from the first POE weigh station located within five
c. Every owner or operator of a motor vehicle required to obtain clearance must stop at every POE weigh station located within five (5) road miles of their route of travel.
i. Vehicles with a seating capacity of 14 or more passengers registered under the requirements of §§42-3-304 (13) or 42-3-306 (2) (c) (I), CRS, are not required to secure a valid clearance.
B. VEHICLE WEIGHT REQUIREMENTS 1. WHEEL AND AXLE LOADS a. Vehicles having a single drive-axle configuration and equipped with pneumatic tires are not subject to the axle weight limitations set forth within §42-4-507 (2) (b), CRS, and may operate in excess of 20,000 pounds axle weight when:
i. The single drive-axle vehicle is equipped with a self-compactor; and ii. Is used solely for the transporting of trash; and iii. Is not being operated on an interstate highway.
iv. Vehicles equipped with, but not using a tandem drive-axle configuration, will not be permitted to operate in excess of an axle weight of 20,000 pounds and must comply with the axle weight limitations set forth within §42-4-507 (2) (b), CRS.
2. AUXILIARY POWER UNITS (APU) AND IDLE REDUCTION TECHNOLOGY UNITS a. Any vehicle that uses an APU or idle reduction technology unit in order to reduce fuel use and emissions resulting from engine idling shall have the actual weight of the APU or idle reduction technology unit exempted from the calculation of the actual axle and Gross Vehicle Weight (GVW), up to 550 pounds. To be eligible for this weight exemption, the operator of the vehicle must provide:
i. Written certification of the actual weight of the APU or idle reduction technology unit; and ii. Written certification or demonstration that confirms the idle reduction technology unit is fully functional at all times.
3. BUSES a. Any over-the-road bus, or any vehicle which is regularly and exclusively used as an intrastate public agency transit passenger bus, is exempted from compliance with the axle limits set forth within §42-4-507 (2) (b), CRS.
C. GROSS VEHICLE WEIGHT (GVW)
1. DETERMINATION OF GVW a. The legal GVW or Gross Combined Weight (GCW) limit for any vehicle or combination of vehicles specified within §42-4-508 (1), CRS, shall be determined by the actual number of axles in contact with the road surface and the applicable Bridge Weight Formula.
i. Except where otherwise provided by §§42-4-508 or 42-4-510, CRS, vehicles or vehicle combinations operating on any highway or bridge that is part of the national system of interstate and defense highways (otherwise known as the interstate highway system) must:
ii. Except where otherwise provided by §§42-4-508 or 42-4-510, CRS, vehicles or vehicle combinations operating on any highway other than a highway identified as part of the interstate highway system must:
D. VEHICLE WIDTH 1. MEASUREMENT OF COMMERCIAL MOTOR VEHICLE WIDTH a. Vehicle width will be measured from the point farthest from the center of the motor vehicle or combination of motor vehicles on each side.
b. Vehicle components not excluded by law or regulation shall be included in the measurement of commercial motor vehicle width. Components that are excluded from the measured width of a commercial motor vehicle include but shall not be limited to:
i. Rear view mirrors, turn signal lamps, handholds for cab entry/egress, splash and spray suppressant devices, load induced tire bulge; and ii. All non-property carrying devices, or components thereof, that do not extend more than three (3) inches beyond each side of the vehicle.
E. VEHICLE LENGTH 1. MEASUREMENT OF COMMERCIAL MOTOR VEHICLE LENGTH a. Vehicle length is generally measured from the front-most fixed point (generally the front bumper) to the rear-most fixed point (generally where the brake lights are located).
i. Any permanently mounted appurtenance that extends beyond the front or rear of the vehicle to which it is mounted becomes part of the vehicle. A permanently mounted appurtenance is included in the overall measurement of vehicle length.
b. Vehicle components not excluded by law or regulation shall be included in the measurement of the length of commercial motor vehicles. Components that are excluded from the measured length of a commercial motor vehicle include but shall not be limited to:
i. Rear view mirrors, turn signal lamps, handholds for entry/egress, splash and spray suppressant devices;
ii. All non-property-carrying devices, or components thereof that do not exceed 24 inches beyond the rear of the vehicle as stated within 23 CFR 658.16;
iii. Resilient bumpers that do not extend more than six (6) inches beyond the front or rear of the vehicle;
iv. Lamps or flags on projecting loads pursuant to §42-4-209, CRS, or devices exempted from length are not considered a projection or overhang.
2. LENGTH MEASUREMENT OF SPECIALIZED AUTOMOBILE TRANSPORTERS a. The overall length measurement of a specialized automobile transporter is calculated exclusive of:
i. Front and rear cargo overhang;
ii. Safety devices not designed or used for carrying cargo; or iii. Any extension device (ramp or “flippers”) that may be used for loading beyond the extreme front or rear end of a vehicle or combination of vehicles.
3. MEASUREMENT OF TRAILERS a. TRAILER DRAWBAR OR TONGUE LENGTH i. 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.
ii. Where the drawbar 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.
iii. A tool or accessory box that is welded or attached to the drawbar or tongue is not included in the calculation of the drawbar or tongue length of a trailer.
iv. A drawbar may not exceed 15 feet between two (2) vehicle units except when:
F. VEHICLE HEIGHT 1. Maximum height limits shall be as designated on the Colorado Department of Transportation Height Restriction Map.
V. PERMITS A. SPECIAL REVOCABLE PERMITS (SRP)
1. AUTHORITY TO ISSUE AND LEGAL EFFECT OF AN SRP An SRP may be issued to an owner or operator of any vehicle being operated over a regularly scheduled route within five (5) road miles of a permanent POE weigh station pursuant to §42-8-105 (1), CRS.
a. An SRP waives the requirement that an owner or operator seek out and secure a valid clearance at a permanent POE that is located within five (5) road miles of an identified regularly scheduled route.
b. The use or issuance of any SRP is contingent upon an applicant’s or permit holder’s compliance with any applicable rules, laws (federal, state, county and local) and the requirements set forth within Part V (A) of these rules.
2. APPLICATION FOR SRP Application for an SRP is made by completing and submitting an application to the CSP POE.
a. SRP applications are provided by the CSP POE.
b. The CSP POE shall collect any information identified as necessary to determine an applicant’s eligibility for an SRP. Information necessary to determine an applicant’s eligibility includes:
i. The legal name of the applicant and the name under which the applicant conducts business, if applicable;
ii. The physical and mailing addresses of the applicant;
iii. The USDOT# assigned and used by the applicant;
iv. The number of vehicles proposed to be subject to the SRP if it is issued and copies of vehicle registrations for each vehicle identified;
v. The POE weigh stations location(s) the applicant would like the SRP to affect;
vi. The names and signature of the person submitting the SRP application on behalf of the applicant; and vii. A detailed description of the applicant’s regularly scheduled route. This description should at minimum identify the points of origin and destination(s) for the route.
3. SRP APPROVAL When an application for an SRP is approved, the SRP shall be issued by the CSP POE upon the recommendation and with the approval of the POE Director or designee.
a. Within its discretion, the CSP POE reserves the right to attach special conditions to the issuance of any SRP where the CSP POE determines that it is necessary or advisable to include specific conditions beyond those required of a permit holder to maintain the SRP.
b. Any SRP issued to an applicant/permit holder must be:
i. Carried at all times in any authorized vehicle when being operated over the approved regularly scheduled route; and ii. Available upon demand for inspection by the CSP POE or any other state or law enforcement officer.
c. An SRP issued to an eligible SRP applicant by the CSP POE may be valid up to 36 months, except where an otherwise eligible applicant is determined unsatisfactory following a review of their violation, safety and/or port clearance records.
i. Eligibility for an SRP is based in part on the applicant’s safety record and “BASICs” reported by the FMCSA.
ii. The number and type of violation convictions received by drivers operating vehicles for the applicant within the state of Colorado is considered when determining applicant eligibility.
iii. The number of port clearances during the 12 month period prior to the SRP application date is relevant in determining eligibility.
iv. The permit holder’s compliance with the conditions of any previously issued SRP will factor in the decision to issue any subsequent SRP to the applicant.
d. An SRP applicant determined to be an unsatisfactory applicant may be eligible for a Probationary SRP where:
i. The applicant does not meet the definition of a “High-Risk Motor Carrier”; or ii. The applicant meets the definition of “High-Risk Motor Carrier” but the applicant’s carrier snapshot confirms a conditional or satisfactory rating for the applicant.
e. An SRP applicant who is issued a Probationary SRP:
i. Must demonstrate that corrective actions are being made to continue to be eligible for an SRP.
ii. May apply for an SRP at the conclusion of the Probationary SRP period.
f. An SRP:
i. Is not transferrable from company to company or between vehicles without prior approval of CSP POE;
ii. Does not affect the right of any lawful authority to stop a vehicle to check for:
iii. Is valid only when used by an authorized vehicle operating within the scope of the approved regularly scheduled route.
g. The CSP POE will respond to all complete SRP applications with a decision to either issue or deny an SRP within 21 calendar days of receipt.
4. DENIAL OF SRP An application for an SRP may be denied if:
a. The applicant has failed to pay taxes or registration fees when due;
b. The applicant is subject to the payment of recurrent distraint penalties as set forth within §39-21-114 (7), CRS;
c. In the 12 month period prior to the SRP application date, any vehicle operator of the applicant demonstrates a pattern of non-compliance with the duty to stop and weigh or the duty to obtain clearance imposed by §§42-4-509 (3) and 42-8-105, CRS, respectively;
d. In the 12 month period prior to the SRP application date, any vehicle operator of the applicant has been convicted of three (3) or more violations of size and weight requirements set forth within §42-4-501, et seq., CRS;
e. The applicant meets the definition of a “High-Risk Motor Carrier” and the company snapshot does not have a carrier rating or has a rating of “unsatisfactory”;
f. In the 12 month period prior to the SRP application date, violation convictions received by any vehicle operator of an applicant demonstrates a pattern of non- compliance with applicable laws;
g. Following suspension or revocation of an SRP, vehicle operators of an applicant continue to violate the laws that resulted in the suspension or revocation of the SRP;
h. The applicant has misused, or used in a fraudulent manner, or has otherwise failed to comply with the conditions of any previously issued valid permit or license;
i. The application for the SRP misrepresents or provides inaccurate information regarding the regularly scheduled route; or j. A request for additional information deemed necessary to consider the eligibility of an SRP applicant by the CSP POE is not responded to within 30 calendar days.
i. An applicant whose SRP application is denied due to the applicant’s failure to respond to a request from CSP POE to provide additional information may resubmit their application without prejudice.
ii. The CSP POE will have 21 calendar days to respond to the resubmitted SRP application.
5. PERMIT SUSPENSION AND REVOCATION a. A permit holder’s SRP(s) may be suspended when:
i. A permit holder fails to pay taxes or registration fees when due;
ii. A permit holder is subject to the payment of recurrent distraint penalties as described within §39-21-114 (7), CRS;
iii. A permit holder used the permit for the purposes of evading any law;
iv. In a 12 month period during which an SRP has been issued, any vehicle operator of a permit holder has been convicted of three (3) or more violations of the size and weight requirements of §42-4-501, et seq., CRS;
v. In a 12 month period during which an SRP has been issued, any vehicle operator of a permit holder demonstrates a pattern of non-compliance with either the duties to stop and weigh or obtain clearance as set forth within §§ 42-4-509 (3) and 42-8-105, CRS, respectively;
vi. In a 12 month period during which an SRP has been issued, violation convictions received by any vehicle operator for a permit holder demonstrates a pattern of non-compliance with applicable laws;
vii. Any authorized vehicle utilizing an SRP does not obtain port clearance from the affected POE weight station(s) at least once per quarter during the period the SRP is valid;
ix. A permit holder is identified as a “High-Risk Motor Carrier” and their company snapshot does not have a carrier rating or reports an “unsatisfactory” carrier rating;
x. A permit holder violates any conditions applicable to an SRP; or xi. The permit holder misuses any permit or license.
b. A Permit holder’s SRP(s) may be revoked when:
i. A permit holder who has been subject to SRP suspension continues to demonstrate a pattern of non-compliance with applicable laws and rules;
ii. A permit holder fails to comply with the terms of any Probationary SRP; and/or iii. A permit holder fails to take any steps as may be directed by the CSP POE to improve or achieve compliance within a prescribed time period.
6. APPEAL OF SRP APPLICATION DENIAL, SRP SUSPENSION OR SRP REVOCATION a. WRITTEN NOTICE Denial, suspension or revocation of any SRP will be by written notice from the CSP POE.
b. RIGHT TO APPEAL AND REQUEST A HEARING Within 30 days of receiving written notice from the CSP POE denying, suspending or revoking an SRP, an applicant or permit holder may request a hearing.
i. Hearing requests by applicants or permit holders must be:
c. HEARING AND REVIEW The Chief of the CSP or his or her delegate will hold the hearing.
i. The scope of the hearing will be limited to whether the applicant or permit holder has complied with these rules.
ii. The Chief of the CSP or his or her delegate will issue a written decision within 20 business days of the completed hearing.
iii. The decision by the Chief of the CSP or his or her delegate shall constitute a final agency action and is subject to judicial review as described by §24-4-106, CRS.
VI. MISCELLANEOUS A. All contact with the CSP POE with regard to these rules or their applicability should be addressed to:
Colorado State Patrol Port of Entry Branch 15075 S Golden Rd Golden, CO 80401 303-273-1870 (Main Phone)
303-278-2434 (Fax)
B. All publications, standards or guidelines adopted and incorporated by reference in these rules are on file and available upon request for public inspection by contacting the CSP POE Branch at 15075 S. Golden Rd., Golden, CO., 80401-3990. These rules are available online through the “Size, Weight and Permit Information” tab on the CSP Motor Carrier Safety Webpage accessible through the CDPS website at WWW.COLORADO.GOV/PUBLIC SAFETY.
1. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules will be provided and made available for examination at any state publication depository library as required by §24-4-103 (12.5), CRS. The following publications, standards, and guidelines have been referenced within these rules in accordance with §24-4-103 (12.5), CRS:
a. United States Department of Transportation, Federal Motor Carrier Safety Administration (2018). High Risk Carriers Investigations Report. Status of High- Risk Carrier Investigations. Retrieved January 9, 2019 from HTTPS://WWW.FMCSA.DOT.GOV/MISSION/POLICY/HIGH-RISK-CARRIERS- INVESTIGATION-REPORT.
2. The CSP POE Branch shall maintain copies of the complete texts of the aforementioned publications, standards, guidelines, and rules and will make them available for public inspection during regular business hours. Interested parties may access these documents free of charge online. Interested parties may also inspect the referenced materials and/or obtain copies of the adopted standards for a reasonable fee by contacting the CSP POE Branch at 15045 S. Golden Rd., Golden, CO., 80401. Copies of the adopted publications, standards, guidelines and rules may also be available from the organization of original issue:
a. United States Department of Transportation, Federal Motor Carrier Safety Administration, (FMCSA), 1200 New Jersey Ave., SE Room W-65-206, Washington, DC, 20590. Phone: 1-800-832-5660. Website:
WWW.FMCSA.DOT.GOV C. These rules do not include later amendments to or editions of any publications, standards, guidelines or rules incorporated by reference herein.
_________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/30/2013.
Entire rule eff. 04/01/2014.
Entire rule eff. 04/01/2015.
Entire rule eff. 03/30/2016.
Entire rule eff. 04/30/2017.
Sections IV.C.1.a, V.A.3 eff. 03/17/2018.
Sections II.A.3, II.A.5, II.A.13, III.B.1, III.C.2.b.ii-iii, V.A.3.c, V.A.3.f.i, V.A.4, V.A.6.b.2, V.A.6.c, VI eff. 03/17/2019.