Parts 1, 2, and 3 of this article shall be known and may be cited as the “Hazardous Materials Transportation Act of 1987”. Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1, 1995. Editor’s note: This section is similar to former § 43-6-101 as it existed prior to 1994.
The general assembly finds that the permitting and routing of motor vehicles transporting hazardous materials is a matter of statewide concern and is affected with a public interest and that the provisions of parts 1, 2, and 3 of this article are enacted in the exercise of the police powers of this state for the […]
As used in this article, unless the context otherwise requires: “Chief” means the chief of the Colorado state patrol. “Enforcement official” means, and is limited to, a peace officer who is an officer of the Colorado state patrol as described in sections 16-2.5-101 and 16-2.5-114, C.R.S., a port of entry officer, as defined in section […]
In addition to any other powers and duties granted to him or her in parts 1, 2, and 3 of this article, the chief shall promulgate such rules and regulations and conduct such hearings as may be necessary for the administration of this article. In addition to any other powers and duties granted to him […]
The provisions of parts 1, 2, and 3 of this article relating to the transportation of hazardous materials by motor vehicle may only be enforced by an enforcement official. Any enforcement official shall have the authority to issue penalty assessments for the misdemeanor traffic offenses specified in sections 42-20-204 (1) and 42-20-305 (2). At any […]
Except as specifically authorized in parts 1, 2, and 3 of this article, no county, town, city, or city and county shall have any authority to regulate the transportation of hazardous materials separate and apart from the regulation of other commodities. However, a county, town, city, or city and county may adopt and enforce regulations […]
There is hereby created in the state treasury the hazardous materials safety fund, which shall consist of: Such moneys as may be appropriated thereto by the general assembly from time to time; Any permit fees collected pursuant to section 42-20-202; Any penalties collected by a state agency or by a court, as provided in section […]
The chief shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the safe transportation of hazardous materials by motor vehicle, both in interstate and intrastate transportation. Such rules and regulations shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a hazardous material by motor […]
The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit […]
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who violates a rule or regulation promulgated by the chief pursuant to section 42-20-104 commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (1) [ Editor’s note: This version of subsection (1) is […]
Any enforcement official shall have the power to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting hazardous materials when the enforcement official deems that the motor vehicle or the operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under or required by rules and regulations promulgated by the […]
[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person, corporation, partnership, or other entity which intentionally or knowingly authorizes, solicits, requests, commands, conspires in, or aids and abets in the violation of any of the provisions of part 1, 2, or 3 of this article commits a […]
A public entity, political subdivision of the state, or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous materials abandonment or a hazardous materials spill. Nothing contained in this section shall be construed […]
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 […]
