2016 Colorado Revised Statutes
Title 42 - Vehicles and Traffic
Regulation of Vehicles and Traffic
Article 4 - Regulation of Vehicles and Traffic
Part 5 - Size - Weight - Load
§ 42-4-511.2. Authority for cooperative agreements with regional states on excess size or weight vehicles - regulations

(1) Purpose. The purpose of this section is to authorize the negotiation and execution of agreements in cooperation with other states to:

(a) Establish a regional permit system to allow nondivisible oversize or overweight vehicles to operate between and among two or more states under one single trip permit, instead of requiring such vehicles to stop and obtain a separate permit before entering each state;

(b) Promote uniformity concerning administrative and enforcement procedures for applicable vehicle size and weight standards to facilitate regional movement of such vehicles, to eliminate unnecessary bureaucratic barriers, and to improve the highway operating environment and vehicle safety under the applicable laws of the respective states; and

(c) Encourage and utilize research that will facilitate the achievement of the purposes described in this subsection (1).

(2) Authority. (a) In addition to any other powers granted by law, the executive director of the department of transportation, or the executive director's designee, is hereby authorized to negotiate and enter into appropriate agreements with other states concerning the regional operation or movement of nondivisible oversize or overweight vehicles and to facilitate the uniform application, administration, and enforcement of applicable laws concerning such vehicles.

(b) A cooperative agreement under this section may include, but shall not be limited to, the establishment of a regional permit system authorizing the operation or movement of nondivisible oversize or overweight vehicles from one state in the region to or through another state or states in the region under a single trip permit in accordance with the applicable requirements of each of the states.

(c) For the purposes of a regional permit agreement, the department of transportation is authorized to:

(I) Delegate to other states its authority under section 42-4-510 (1) to issue permits for nondivisible oversize or overweight vehicles to operate on Colorado state highways; except that any such issuance by another state shall conform, at a minimum, to the applicable Colorado permit standards and legal requirements as described in this part 5 and to the regulations implementing this part 5. The department of transportation may also impose additional standards concerning such regional permits as it deems appropriate.

(II) Accept a delegation of authority from other states to issue permits for the operation of vehicles on the highways of such states in accordance with the applicable standards and requirements of such states, pursuant to the terms of the regional permit agreement; and

(III) Collect any fees, taxes, and penalties on behalf of other states that are parties to the regional permit agreement and to remit such fees, taxes, and penalties to such states. Such fees, taxes, and penalties shall not be considered taxes or funds of the state of Colorado for any purpose.

(d) For the purposes of a regional permit agreement, the Colorado state patrol, ports of entry, and local law enforcement authorities are authorized to enforce the terms of any regional permit concerning the operation of the permitted vehicle on state highways in Colorado. The Colorado state patrol, ports of entry, and local law enforcement authorities are also permitted to take necessary actions in Colorado to enforce the applicable requirements of the permitting state or states which shall include, but shall not be limited to, monitoring licenses and other credential usage; enforcing tax restraint, distraint, or levy orders; issuing civil citations; and conducting necessary safety and equipment inspections.

(e) The executive director of the department of transportation, or the executive director's designee, is hereby authorized to appoint employees and officials of other states as agents of the department for the limited purpose of enforcing the laws of Colorado under the terms of the cooperative agreements entered into under the provisions of this section. The executive director or the designee may promulgate such regulations as are necessary for the implementation of the provisions of this section.

(f) Any agreement entered into under the provisions of this section shall contain provisions that express the understanding that any employees and officials of any other state 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 eligible for compensation, employee rights, or benefits from the state of Colorado and shall not be considered to be employees or officials of the state of Colorado.

(g) A cooperative agreement under this section may also provide for uniformity concerning enforcement procedures, safety inspection standards, operational standards, permit and application form procedures, driver qualifications, and such other matters that may be pertinent to said matters.

(h) Notwithstanding any provision of this section to the contrary, all existing statutes and rules and regulations prescribing size or weight vehicle requirements, or relating to permits for such vehicles, shall continue to be in full force and effect until amended or repealed by law, and any cooperative agreement must comply with such statutes and rules and regulations. The transportation commission shall ratify any cooperative agreement entered into under the provisions of this section.