§ 42-20-408. Compliance Orders – Penalty
Whenever the chief finds that any person is in violation of any rule, regulation, or requirement of part 4 or 5 of this article, the chief may issue an order requiring such person to comply with any such rule, regulation, or requirement and may request the attorney general to bring suit for injunctive relief or […]
§ 42-20-501. Nuclear Materials Transportation Permit Required – Application
No transportation of nuclear materials shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this section, which is not inconsistent with federal law, authorizing the applicant to operate or move upon public roads of this state a motor vehicle or […]
§ 42-20-502. Permits – Fees
Each permit issued pursuant to section 42-20-501 shall be valid for one year following its issuance and shall be issued after approval of the carrier’s permit application and upon payment of a five-hundred-dollar permit fee. In addition to the permit fee, each carrier shall pay a two-hundred-dollar fee for each shipment. The shipment fee shall […]
§ 42-20-503. Carrying of Shipping Papers
Any person transporting nuclear materials in this state shall carry a copy of the shipping papers required in 49 CFR part 172, subpart C. Source: L. 94: Entire title amended with relocations, p. 2534, § 1, effective January 1, 1995. Editor’s note: This section is similar to former § 43-6-503 as it existed prior to […]
§ 42-20-504. Rules and Regulations
The chief is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits if such rules and regulations are not in conflict with or inconsistent with federal rules and regulations. Source: L. 94: Entire title amended with relocations, p. 2534, § 1, effective January 1, 1995. Editor’s […]
§ 42-20-505. Penalties – Permit System
A Colorado state patrol officer or a port of entry officer, as defined in section 42-8-102 (3), may assess a civil penalty of one thousand dollars against a carrier who transports nuclear materials without first obtaining a nuclear materials transportation permit. A carrier who misrepresents information in the carrier’s application for a nuclear materials transportation […]
§ 42-20-506. Permit Suspension and Revocation
In addition to any other civil or criminal penalties, the department of transportation may suspend the nuclear materials transportation permit of any carrier for a period not to exceed six months or revoke the permit for failure to comply with the permit terms, misrepresentation of information in the permit application, failure to pay a civil […]
§ 42-20-507. Local Government Preemption
No county, city and county, city, or town shall establish any permit or fee system for the transportation of nuclear materials by motor vehicle or railcar in, to, from, or through this state. Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1, 1995. Editor’s note: This section is similar […]
§ 42-20-508. Route Designation – Motor Vehicles
The chief of the Colorado state patrol shall have the authority to adopt rules to designate which state highways shall be used and which shall not be used by motor vehicles transporting nuclear materials in this state. The carrier shall not deviate from the routes designated pursuant to subsection (1) of this section except in […]
§ 42-20-509. Strict Liability for Nuclear Incidents
Any person who causes the release of any nuclear material being transported shall be strictly liable for all injuries and damages resulting therefrom. The conduct of the claimant shall not be a defense to liability; except that this section does not waive any defense based on the claimant’s failure to mitigate damages or related to […]