§ 42-20-113. Hazardous Materials Spill – Abandonment of Vehicle Containing Hazardous Material – Penalty – Definition
No person shall abandon any vehicle containing any hazardous material excluding that which is considered fuel and is contained within the vehicle’s fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in […]
§ 42-20-201. Hazardous Materials Transportation Permit Required
Except as otherwise provided in this part 2, no transportation of hazardous materials by motor vehicle which requires placarding under 49 CFR 172 or 173 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 part 2, authorizing the applicant […]
§ 42-20-202. Transportation Permit – Application Fee – Rules
Except as otherwise provided in this section, each person desiring to transport hazardous materials which require placarding under 49 CFR 172 or 173 in, to, from, or through this state shall submit a permit application for an annual permit to the department of transportation before beginning such transportation. Permit applications must be in a form […]
§ 42-20-203. Carrying of Permit and Shipping Papers
Any person transporting hazardous materials that require placarding under 49 CFR 172 or 173 in this state shall carry a copy of the shipping papers required in 49 CFR 172.200 and a copy of the hazardous materials transportation permit issued by the department of transportation or, before January 1, 2021, by the public utilities commission […]
§ 42-20-204. Permit Violations – Penalties
[ 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 […]
§ 42-20-205. Permit Suspension or Revocation – Rules
In addition to any other civil or criminal penalties, for violations occurring after March 16, 2020, the department of transportation may suspend a hazardous materials transportation annual permit for a period not to exceed six months or may revoke a permit for failure to comply with the terms and conditions of the permit, for failure […]
§ 42-20-206. Local Government Preemption
No county, city and county, city, or town shall establish any permit or fee system for the transportation of hazardous materials by motor vehicle. Source: L. 94: Entire title amended with relocations, p. 2525, § 1, effective January 1, 1995. Editor’s note: This section is similar to former § 43-6-206 as it existed prior to […]
§ 42-20-300.3. Definitions
As used in this part 3, unless the context otherwise requires: “Route designation” means a designation of a route by the state patrol under this part 3. Source: L. 2011: Entire section added, (HB 11-1176), ch. 56, p. 149, § 1, effective August 10.
§ 42-20-301. Route Designation
The patrol, after consultation with local governmental authorities, has the sole authority to designate which public roads are to be used and which are not to be used by motor vehicles transporting hazardous materials. The patrol shall exercise its authority in accordance with section 42-20-302. Gasoline, diesel fuel, and liquefied petroleum gas are exempt from […]
§ 42-20-302. Application for Route Designation – Procedure – Approval
Petitions for new route designations or for a change in an existing route designation may be submitted to the patrol no more than once a year: By a county, with respect to any public road maintained by the county, upon approval of the petition by the board of county commissioners of such county; By a […]