§ 42-20-204. Permit Violations – Penalties

1. [ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section 42-20-105 (2). Any person who intentionally transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. For the purposes of this subsection (1), if any person who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant to this subsection (1) subsequently transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201, a permissive inference is created that such subsequent transportation without a permit was intentional.

   (1) [ Editor’s note: This version of subsection (1) is effective March 1, 2022. ] Any person who transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 2 misdemeanor and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section 42-20-105 (2). Any person who intentionally transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For the purposes of this subsection (1), if any person who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant to this subsection (1) subsequently transports hazardous materials without a permit in violation of any of the provisions of section 42-20-201, a permissive inference is created that such subsequent transportation without a permit was intentional.

2. Any person who has obtained an annual or a single trip hazardous materials transportation permit but fails to have a copy of said permit in the cab of the motor vehicle while transporting hazardous materials in, to, from, or through this state commits a class B traffic infraction and shall be assessed a penalty of twenty-five dollars in accordance with the procedure set forth in section 42-4-1701 (4)(a)(V); except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or any other enforcement official may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in the cab of the motor vehicle.
3. [ Editor’s note: This version of subsection (3) is effective until March 1, 2022.] Any person who knowingly violates any of the terms and conditions of an annual or single trip hazardous materials transportation permit commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (3) [ Editor’s note: This version of subsection (3) is effective March 1, 2022. ] Any person who knowingly violates any of the terms and conditions of an annual or single trip hazardous materials transportation permit commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

4. All penalties collected pursuant to this section by a state agency or by a court shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section 42-20-107.
5. Every court having jurisdiction over offenses committed under this section shall forward to the chief a record of the conviction of any person in said court for a violation of any said laws within forty-eight hours after such conviction. The term “conviction” means a final conviction.

Source: L. 94: Entire title amended with relocations, p. 2524, § 1, effective January 1, 1995. L. 2002: (1) and (3) amended, p. 1565, § 384, effective October 1. L. 2003: (2) amended, p. 583, § 5, effective January 1, 2004. L. 2004: (2) amended, p. 1212, § 103, effective August 4. L. 2021: (1) and (3) amended, (SB 21-271), ch. 462, p. 3325, § 774, effective March 1, 2022.

Editor’s note:

1. This section is similar to former § 43-6-204 as it existed prior to 1994.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.