2 CCR 601-26
DEPARTMENT OF TRANSPORTATION RULES GOVERNING HIGH-VISIBILITY ALCOHOL AND DRUG IMPAIRED DRIVING ENFORCEMENT PROGRAM 2 CCR 601-26 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] ________________________________________________________________________
1.1 Statement of Basis and Purpose and Statutory Authority
This regulation is adopted pursuant to the authority in section 43-4-902(3) C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”).
Section 43-4-902(3), C.R.S. provides the Office of Transportation Safety in the Department of Transportation with the authority to promulgate rules for the administration of the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program. This program will be managed by the Department’s Office of Transportation Safety in accordance with these rules.
2.1 Scope and Purpose
The High-Visibility Alcohol and Drug Impaired Driving Enforcement Program will: Provide funding annually from the highway safety fund for alcohol and drug impaired driving enforcement pursuant to state law;
Increase funding to local governments to prevent impaired driving, including funds for impaired driving public education ahead of High-Visibility Impaired Driving Enforcement; Decrease impaired driving related crashes and fatalities; and Increase local governments funding for increased High-Visibility Alcohol and Drug Impaired Driving Enforcement during high-risk times of the year, including Memorial Day, Independence Day, and New Year’s Eve.
3.1 Applicability
The provisions of this section shall be applicable to Colorado cities, counties and municipalities with an established Qualified Program who are eligible to apply for and be awarded and allocated money for the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program
4.1 Definitions
“Department of Transportation" ("Department" or "CDOT") means the department created pursuant to section 24-1-128.7, C.R.S.
"Impaired Driving" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. See § 42-4-1301(g), C.R.S. “Impaired Driving Program Manager” means the manager designated by the Director of the Office of Transportation Safety to oversee state funded impaired driving enforcement programs. “Office of Transportation Safety" ("OTS") means the Office at the Department of Transportation created pursuant to section 24-42-101, C.R.S.
“Colorado Law Enforcement Program” (“Program”) means a Colorado government program that has statutory authority for enforcing traffic laws.
“Qualified Program” means program established by a municipality, city and county, or county to deliver awareness of high-visibility alcohol and drug impaired driving prevention enforcement and enforce laws pertaining to alcohol- and drug-related traffic offenses. Qualified Programs must meet eligibility requirements to receive state funds for high-visibility alcohol and drug impaired driving prevention enforcement. Qualified Program(s) at a minimum must have the resources to adequately enforce impaired driving violations including trained and sworn peace officers, access to toxicological testing resources, access to a post-arrest processing facility, administrative support to manage the post-arrest duties, grant management duties and program coordination. Program(s) must also have resources to educate the public and inform communities about alcohol- and drug-related traffic offenses to support high-visibility alcohol and drug impaired driving enforcement episodes.
5.1 Eligibility and Evaluation for Awarding Money
5.1.1 Eligibility
Colorado cities, counties and municipalities with an established Qualified Program are eligible to apply for and be awarded and allocated money for the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program.
The OTS will annually, at least 60 days before funding allocations, notify all law enforcement agencies(s) with Qualified Programs of the funding opportunity and provide application instructions. The OTS will review each application and evaluate which applicants can most effectively demonstrate that an award of funds from the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program will have the greatest impact on impaired driving related crashes, injuries, and fatalities.
5.1.2 Evaluation
A. The applications will be evaluated based on the following elements:
6.1 OTS Application Procedures
A. The OTS will make application forms available through an announcement on the Department's website.
B. Applications must be received by the OTS by the deadline date that will be included in the application sent to the Qualified Programs.
C. Applications received after the deadline will not be considered, unless approved for consideration by the Director of the Office of Transportation Safety.
D. Each applicant will receive written notification of the action taken on its application.
E. Upon submission of the application, the applicant must submit:
7.1 Qualified Program Enforcement Requirements
Qualified Program(s) that conduct High-Visibility Alcohol and Drug Impaired Driving Enforcement episode checkpoints must implement a recognizable pattern by which vehicles are stopped during a High-Visibility Alcohol and Drug Impaired Driving Enforcement episode to prevent bias-motivated stops. Qualified Program(s) must locate High-Visibility Alcohol and Drug Impaired Driving Enforcement episodes in a general area where an expected concentration of alcohol and drug impaired driving crashes are likely to occur or originate.
Qualified Program(s) must require any peace officer working for their law enforcement agency in the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program to, satisfactorily complete annual in-service training as required by section 24-31-315, C.R.S. Qualified Program(s) must require any peace officer working for their law enforcement agency in enforcement activity of the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program to comply with State of Colorado Standards for the Standardized Field Sobriety (SFST) Program. Any Qualified Program that does not comply with, or that has engaged a peace officer under the law enforcement agencies employ, who does not comply with the requirements of this section, or the rules, regulations, guidelines, or funding terms issued by the Office of Transportation Safety in administering the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program, or does not comply with other applicable laws, is subject to suspension of its funding received pursuant to the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program and may be required to return the money.
8.1 Fiscal and Accounting Requirements
Reimbursement to Qualified Program(s) will be made on a quarterly basis for costs incurred as specified in the written agreement between the OTS and the Qualified Program(s). Qualified Program(s) must present itemized accountings to the OTS with billings and other records and receipts as required to support each item claimed. The OTS will provide reimbursement forms on request.
9.1 Declaratory Orders
The Department may entertain, at its discretion, petitions for declaratory orders pursuant to § 24-4 105(11), C.R.S.
________________________________________________________________________ Editor's Notes History New rule eff. 11/14/2024.