2 CCR 601-9
DEPARTMENT OF TRANSPORTATION Transportation Commission OPERATION OF LONGER VEHICLE COMBINATIONS ON DESIGNATED STATE HIGHWAY SEGMENTS – Repealed Effective 01/14/2011 2 CCR 601-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] STATEMENT OF BASIS AND PURPOSE The Executive Director, upon the Department’s recommendation, is repealing this rule, 2 CCR 601-9 because the entire rule has been updated and incorporated into another existing CDOT Rule, 2 CCR 601- 4, thus rendering this rule obsolete.
_____________________________________________________ Editor’s Notes History Entire rule repealed eff. 01/14/2011.
CHAPTER 1GENERAL PROVISIONS 1-1These rules implement the provisions of the Uniform Motor Vehicle Law, Articles 1 through 4 of Title 42, C.R.S., as amended, as they relate to operation of longer vehicle combinations under longer vehicle combination permit where the Staff Maintenance Branch of the Division of Highways, Colorado Department of Highways is the permit agency.
1-2The purpose of these rules is to set forth procedures for issuance of a permit to a qualified carrier company for operation of longer vehicle combinations over the designated state highway segments and to provide ingress and egress thereto.
1-3Authority to promulgate rules and regulations governing the issuance of a permit and controlling ingress and egress was granted to the Colorado Department of Highways through Section 42-4- 404.5(3), and (4), C.R.S., as amended.
1-4Authority to issue permits is delegated to the Staff Maintenance Superintendent. CHAPTER 2DEFINITIONS 2-1 Colorado Department of Highways, Division of Transportation Development, Program Support Branch:
The state agency tasked with promulgating these rules; hereinafter referred to as the Department. 2-2 Designated Highway Segments:
Those highways that are identified in 42-4-404.5(3), C.R.S., as amended. 2-3 Gross Vehicle Weight:
The total weight of the longer vehicle combination including the load, hereinafter referred to as GVW.
2-4 Longer Vehicle Combination Permit:
The permit granted by the permit agency authorizing the qualified carrier company to operate longer vehicle combinations under these rules; hereinafter referred to as the permit. For the purpose of these rules the longer vehicle combination permit will be an annual permit. 2-5 Longer Vehicle Combinations (LVC):
Any of several vehicle configurations including a truck or truck tractor as a power unit, and one or more trailer combinations as identified in Section 42-4-404.5(2), (a), (b), (c), and (d), C.R.S., as 2-6 Permit Agency:
Colorado Department of Highways, Division of Highways, Staff Maintenance Branch, is the state agency tasked with issuing permits under these rules and administering these rules. 2-7 Permit Holder:
Any qualified carrier company granted a permit to operate longer vehicle combinations under these rules.
2-8 Qualified Carrier Company:
Any person, partnership, corporation, firm, association of persons, lessee or trustee, or any receiver or trustee appointed by any court owning, controlling, operating, or managing any motor vehicle in the business of transporting either their own property or the property of others, for compensation or hire over any public highway identified as follows:
(A) Common carriers as defined pursuant to Section 40-10-101(4)(a), C.R.S., as amended, shall be considered qualified to submit an application to the permit agency for a permit to operate longer vehicle combinations if that common carrier possesses a current certificate granted by the Public Utilities Commission pursuant to Section 40-10-104(1), C.R.S., as amended.
(B) Contract carriers as defined pursuant to Section 40-11-101(3), C.R.S., as amended, shall be considered qualified to submit an application to the permit agency for a permit to operate longer vehicle combinations if that contract carrier possesses a current permit granted by the Public Utilities Commission pursuant to Section 40-11-103(1), C.R.S., as amended.
(C) Private carriers operating commercial vehicles as defined pursuant to Section 42-4-234, C.R.S., as amended, shall be considered qualified to submit an application to the permit agency for a permit to operate longer vehicle combinations.
(D) Interstate Carriers operating under Interstate Commerce Commission (ICC) authorization or transporting exempt commodities in interstate commerce pursuant to Section 40-10-120, C.R.S., as amended, shall be considered qualified to submit an application to the permit agency for a permit to operate longer vehicle combinations. 2-9 Semi-Trailer:
Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck or truck tractor, such that some part of its own weight and that of its cargo rests upon or is carried by such truck or truck tractor and that is generally and commonly used to carry and transport property over public highways.
2-10 Truck Tractor:
Any vehicle that is generally and commonly designed and used to drive a semi-trailer and its load over the public highways.
2-11 Truck:
Any self-propelled motor vehicle except a truck tractor, designed and used, or exclusively used whether or not so designed, for the transportation of property. CHAPTER 3PERMIT REQUIREMENTS 3-1An applicant must submit a complete application to the Department in the form provided by the Department to obtain a permit. The application must include, in detail, a description of the need for the permit, the vehicle to be permitted, and the location(s) or facility(s) off of the designated highway segments for which LVC access is requested. The issuance of a longer vehicle permit is subject to the approval of the Department for the movement of a longer vehicle combination. The Department shall give first consideration to the safety and convenience of the general public and the protection of the state highway system. Permits are expressly conditioned upon the applicant having an established safety program as provided in 9-1 in these rules. Permits shall be issued only to qualified carriers as provided in 2-8 in these rules. 3-2Longer vehicle combinations operating under a permit shall travel only on those designated highway segments identified in these rules and route(s) of ingress and egress as provided in 6-1 in these rules.
CHAPTER 4ISSUANCE OF PERMITS 4-2A LVC is required to obtain a LVC permit, pursuant to Section 42-4-404.5(1), C.R.S., as amended. If the LVC exceeds legal weight limits, it also must obtain an overweight permit, and may obtain an overweight annual fleet permit, pursuant to Section 42-4-409, C.R.S., as amended. Permits may be issued as follows:
(A) A LVC permit for a period of one year pursuant to Section 42-4-404.5(1), C.R.S., as amended; and (B) If the LVC exceeds legal weight limits, an overweight permit, on an annual or a single trip basis, pursuant to Section 42-4-409, C.R.S., as amended; and (C) If the applicant has more than one LVC that exceed legal weight limits, an overweight fleet permit on an annual basis, pursuant to Section 42-4-409(11)(a)(II)(C), C.R.S., as 4-3Issuance of permits is restricted to longer vehicle combinations as identified in these rules. 4-4A LVC permit shall be issued only to a qualified carrier company for annual operation of longer vehicle combinations in accordance with these rules. The application shall be accompanied by an annual permit fee as required by Section 42-4-404.5(1), C.R.S., as amended. 4-5Application for the permit shall be made during regular business hours Monday through Friday except on legal holidays observed by the State of Colorado.
4-6Application must be made in person to the permit agency and the application must be signed by the owner or lessee of the longer vehicle combinations covered under the permit, or by the authorized representative of such owner or lessee.
4-7A copy of the permit shall be carried in each longer vehicle combination operating under the permit holder's annual permit and shall be open to inspection by any peace officer or authorized agent of the Department, Colorado State Patrol, Port of Entry, and Public Utilities Commission, or counties and municipalities when a longer vehicle combination is being operated on a route of ingress and egress through their jurisdiction.
4-8Upon request by the Department, permit holders shall provide the Department with reports and data on operational costs, equipment, maintenance, safety inspections, accidents, and other items as requested to assist the Department in evaluating operation of longer vehicle combinations. 4-9The Department may grant a permit modification to allow a permit holder to access another facility as provided in 6-1 in these rules, upon compliance with the following conditions:
(A) An applicant for a permit modification must submit a written application to the Department describing in detail the reason(s) for the modification; and (B) A permit modification will be issued only to the original permit holder; and (C) An applicant for a permit modification shall submit a fee of $15.00. CHAPTER 5HOURS OF OPERATION, AND RESTRICTIONS ON OPERATION 5-1A LVC shall not operate on the following designated highway segments during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday, for Colorado Springs, Denver and Pueblo:
Colorado Springs: On I-25 between S.H. 83 (Academy Blvd South)
Denver: On I-25 between I-225 and S.H. 128 (120th Ave).
On I-225 between I-25 and I-70.
On I-270 between I-76 and I-70.
Pueblo: On I-25 between Lake Ave (Exit #94) and S.H 47/S.H. 50 (Exit #101).
5-2The Department may restrict or prohibit operation of longer vehicle combinations during times or periods when in the Department's judgment such operation is unsafe due to weather or road conditions that include, but are not limited to:
(A) Wind, ice, snow, frost, or water; and (B) Mud, rocks, debris from an accident, or a natural disaster, etc. This decision may be made in conjunction with the Colorado State Patrol, Port of Entry, Public Utilities Commission, and counties or municipalities. In addition, the longer vehicle combination driver shall cease operation when the above conditions exist or when the driver becomes aware of conditions that make operation hazardous to the longer vehicle combination or to other highway users.
5-3In accordance with the Grandfather authority of 23 United States Code Section 127 (1988), and with Sections 42-4-401 through 411, C.R.S., as amended, the maximum gross vehicle weight (GVW) of longer vehicle combinations (LVC) cannot exceed the weight determined by the following formula or eighty thousand pounds GVW whichever is less, except as may be authorized under section 42-4-409, C.R.S., as amended. A LVC may be authorized to exceed 80,000 pounds by an overweight permit issued pursuant to section 42-4-409(1), C.R.S., as amended. The maximum GVW of such a LVC shall not exceed the weight determined by the formula W=800 (L+40) where “W” equals the gross weight in pounds and “L” equals the length in feet between the first and last axles, or the weight determined by the following formula, or 110,000 pounds, whichever is least: Formula:
W = 500 ((LN/N-1) + 12N + 36))
W = overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds.
L = distance in feet between the extreme of any group of two or more consecutive axles.
N = number of axles in the group under consideration.
5-4A LVC shall be configured such that the shorter trailer shall be operated as the rear trailer, and the trailer with the heavier gross weight shall be operated as the front trailer. In the event that the shorter trailer is also the heavier, the load must be adjusted so that the front trailer is the longer and the heavier of the two. If these conditions cannot be met, operation of the combination is prohibited.
CHAPTER 6INGRESS AND EGRESS (ACCESS) PROVISIONS 6-1In order to ensure public safety, to maintain the capacity and integrity of roadways adjacent to the designated state highway segments, and to eliminate unnecessary traffic noise and congestion, a LVC shall not be operated off the designated state highway segments except to access food, fuel, repairs, and rest, or to access a facility. Access to a facility shall be subject to the following conditions:
(A) The facility must: 1) Be either a manufacturing or a distribution center, or warehouse, or truck terminal, located in an area where industrial uses are permitted; or 2) Be a construction site; and 3) Meet the following criteria:
The Department may allow an applicant to access any other location or facility not named above which the Department determines meets the criteria specified in 6-1 in these rules, based in part upon information concerning the location or facility provided by the applicant in the permit application; and If the permit holder desires to change the facility or location it is authorized by permit to access, it must request a permit modification as provided in 4-9 in these rules.
(B) The facility must be located within a maximum distance of (10) ten miles from the point where the LVC enters or exits the designated state highway segment. Such (10) ten mile distance shall be measured by the actual route(s) to be traveled to the facility, rather than by a straight line radius from the designated state highway segment to the facility; and (C) The ingress and egress route(s) between the designated state highway segment and the facility must be approved in advance by the public entity (CDOH, municipality, or county) having jurisdiction for the roadway(s) that make up the route(s). Where the State of Colorado has jurisdiction over the route(s) of ingress and egress, in determining whether to approve the route(s) it will consider the following safety, engineering, and other criteria:
(D) A permit holder shall access only the facility or location authorized by the permit. If the permit authorizes more than one facility or location, then on any single trip by a LVC from the designated highway segment the permit holder may access only one facility or location before returning to the designated highway segment.
CHAPTER 7DRIVER QUALIFICATIONS 7-1The driver must fully comply with all driver's qualifications as set forth in the Department of Public Safety's Rules and Regulations Concerning Minimum Standards For The Operation of Commercial Vehicles, at 8 CCR 1507-1, and the Colorado Uniform Motor Vehicle Law, Article 2 of Title 42, C.R.S., as amended, which are incorporated herein by reference. 7-2The driver must have had no suspension of driving privileges in any state during the past three years where such suspension arose out of the operation of a motor vehicle used as a contract or common carrier of persons or property, as defined in Sections 40-10-101(4)(a) and 40-11-101(3), C.R.S., as amended, or out of the operation of a commercial vehicle as defined in Section 42-4- 234, C.R.S., as amended.
7-3The permit holder shall exercise control and supervision over any driver operating a longer vehicle combination under the permit holder's permit. This control and supervision shall include, but is not limited to, designation of route(s), hours of operation and methods of operation. 7-4The responsibility for strict compliance with these driver requirements shall be borne equally by the driver and the permit holder; failure to comply shall be grounds for revoking a permit or denying renewal of a permit as provided in 10-2 in these rules. CHAPTER 8EQUIPMENT SELECTION 8-1Longer vehicle combinations shall be comprised of an individual truck or truck tractor and trailer(s) such that the combinations comply with permissible longer vehicle combinations as identified in these rules.
8-2The truck or truck tractor unit of all longer vehicle combinations shall have adequate power to maintain a minimum speed of twenty mph on any grade over which the combination is operating and to operate on level grades at speeds compatible with other traffic. 8-3All longer vehicle combinations shall have adequate traction to maintain a minimum speed of twenty mph on any grade over which the combination is operating and can resume a speed of twenty mph after stopping on any such grade.
8-4Longer vehicle combinations shall be operated with tires that meet the standards set forth in the Department of Public Safety's Rules and Regulations Concerning Minimum Standards For The Operation of Commercial Vehicles, at 8 CCR 1507-1, and in Sections 42-4-225 and 42-4-406, C.R.S., as amended.
8-5All longer vehicle combinations are required to have a heavy duty fifth wheel and equal strength pick- up plates as provided in the Department of Public Safety's Rules and Regulations Concerning Minimum Standards For The Operation of Commercial Vehicles, at 8 CCR 1507-1. This equipment must be properly lubricated and located in a position that provides stability in accordance with the requirements of 9-2(E) in these rules. 8-6For all longer vehicle combinations utilizing a kingpin, the kingpin must be of a solid type and permanently fastened; screw-out or folding type kingpins are prohibited. 8-7All longer vehicle combination hitch connections must be of no-slack type, preferably air actuated ram. 8-8All longer vehicle combination draw bar lengths shall be adequate to provide for the clearances required between the truck or truck tractor and the trailer(s) for turning and backing maneuvers. 8-9All longer vehicle combination axles must be those designed for the width of the body of the trailer(s). 8-10All longer vehicle combination braking systems must comply with the Department of Public Safety's Rules and Regulations Concerning Minimum Standards For The Operation of Commercial Vehicles, at 8 CCR 1507-1, and Section 42-4-220, C.R.S., as amended. In addition, fast air transmission and release valves must be provided on all trailer(s), semi-trailer(s) and converter dolly axles. A brake force limiting valve, sometimes called a “slippery road” valve, may be provided on the steering axle.
CHAPTER 9SAFETY CONSIDERATIONS 9-1Each applicant for longer vehicle combination permit and each current permit holder must have an established safety program that contains at a minimum the following requirements:
(A) The applicant or permit holder always must be in compliance with the following equipment and operator requirements as applicable:
(B) All drivers of longer vehicle combinations operating under a permit must be certified by the permit holder's safety office. The certification shall demonstrate that the driver has complied with all written requirements, and that the driver has successfully completed a company approved road test for each type of combination to be operated as identified in these rules. The driver certification forms must be current and on file in the permit holder's business office as stated on the application and must be available for inspection during regular business hours.
(C) All permit applicants are subject to prior approval to ensure that their equipment conforms with the requirements of these regulations. In addition, all equipment operated under the permit by the permit holder are subject to periodic field inspection to ensure continued compliance with equipment requirements.
Failure to establish and maintain such a safety program is grounds for refusal to issue a permit to an applicant, or to revoke the permit of the permit holder as provided in Chapter 10 in these rules. 9-2In operating longer vehicle combinations, the following safety standards shall be followed:
(A) The driver of the longer vehicle combination shall maintain a minimum of six hundred feet between their vehicle and vehicles they are following except when overtaking and passing such vehicles.
(B) Except when passing another vehicle traveling in the same direction, or when conditions exist such that the longer vehicle combination cannot be safely operated in the furthermost right hand lane, longer vehicle combinations must remain in the furthermost right hand lane.
(C) In the event a longer vehicle combination is disabled for any reason, the driver shall park the combination as far off the traveled way as possible. In the case of an accident, the combination shall remain as close to the scene of the accident as possible without obstructing traffic more than necessary.
(D) The maximum speed for any longer vehicle combinations operated under permit shall not exceed the speed at which the combination can be safely operated and shall not exceed the posted speed limit. The minimum speed for any combination is provided in 8-2 and 8- 3 in these rules.
(E) All longer vehicle combinations always must be stable during normal operation, including braking. The trailer(s) of a longer vehicle combination traveling on the designated state highway segments shall follow in a path of the towing vehicle without shifting or swerving more than three inches to either side when the towing vehicle is moving in a straight line. Consideration shall be given to the condition of the road surface if the combination in operation does not comply with this standard.
9-3In addition to reporting motor vehicle accidents as required in these rules and in Sections 42-4-1401 et seq., C.R.S., as amended, all accidents involving a longer vehicle combination operated under a permit shall be reported by the permit holder to the permit agency within (10) ten calendar days of the date of the accident.
9-4Complaints received by the permit holder concerning operation of longer vehicle combinations shall be reported to the permit agency within (10) ten calendar days after receiving the complaint. 9-5The owner of every longer vehicle combination operated under a permit shall have a motor vehicle liability insurance policy in the amounts required in these rules and in Section 42-7-510, C.R.S., as amended, for each combination operated under the permit. CHAPTER 10DENIAL, SUSPENSION, REVOCATION, AND TERMINATION OF LONGER VEHICLE PERMITS 10-1Pursuant to Section 42-4-404.5, C.R.S., as amended, the Department has the discretion to grant, deny, or revoke permits. The terms and conditions of all permits shall be subject to amendment, revision, or modification where such permit may be suspended or revoked by reason of amendments to Sections 42-4-401 et seq., C.R.S., as amended, or by reason of rules, regulations, and orders issued by the Department.
10-2Any permit may be denied, revoked, suspended, or modified, in whole or in part, as follows:
(A) The applicant makes a false statement on their application for a permit.
(B) The applicant refuses to sign the application for a permit.
(C) The applicant fails to provide all applicable information required by these rules and regulations and on the application for a permit.
(D) The applicant fails to submit the applicable permit fee with their application.
(E) The Department determines that the applicant cannot comply with the requirements of these rules and regulations or Sections 42-4-401, et seq., C.R.S., as amended.
(F) The applicant has failed to comply with or obtain previous special transport permits.
(G) The permit holder fails to comply with the terms and conditions of a permit, these rules and regulations, or Sections 42-4-401 et seq., C.R.S., as amended.
(H) The Department, Colorado State Patrol, Port of Entry, Public Utilities Commission, county, or municipality discovers previously undetected false statements made by the applicant on an application for a permit or certificate of convenience issued by the Public Utilities Commission.
10-3The provisions of the State Administrative Procedure Act shall be followed whenever a permit application is denied or when such permit is suspended, revoked, or terminated, pursuant to Sections 24-4-101 et seq., C.R.S., as amended.
10-4An application for a permit shall be acted upon promptly. Immediately after taking action on such application, the Department shall submit a written notice of the action taken and, if the applicant is denied, the grounds therefore. Such notice shall be made by personal service upon the applicant or by mailing the same to the address of the applicant as shown on the application or as subsequently furnished in writing by the applicant to the Department. If such permit is denied an applicant may, within (60) sixty days after the giving of notice of such action, request a hearing before the Department pursuant to Section 24-4-104(9), C.R.S., as amended. 10-5Where the Department has reasonable grounds to believe and finds that the permit holder has been guilty of deliberate and willful violation of these rules or that the public health, safety, or welfare imperatively requires emergency action and incorporates such findings in its order, it may summarily suspend a permit holder's permit pending proceedings for suspension or revocation that shall be promptly instituted and determined as provided in Chapter 11 in these rules. CHAPTER 11PERMIT HEARINGS AND APPEALS 11-1All appeals and hearings shall be provided and conducted pursuant to the State Administrative Procedure Act, Sections 24-4-101 et seq., C.R.S., as amended. 11-2If a permit is revoked, suspended, or modified, the permit holder, within (30) thirty days after being notified by personal service or by mail of such action, may request an appeal hearing before the Department. This request for an appeal hearing shall be made in writing by the permit holder and submitted to: