BASIS, PURPOSE, AND STATUTORY AUTHORITY
The basis for and purpose of these rules is to describe the manner of regulation over persons providing transportation services by motor vehicle in or through the State of Colorado.  These rules address a wide variety of subject areas including, but not limited to, safety; civil penalties; the issuance, extension, transfer, and revocation of authority to operate as a transportation carrier; insurance and registration requirements; tariff and time schedule requirements; the identification, condition, and leasing of motor vehicles; record keeping; and service standards.  These rules cover an array of carriers, including motor vehicle carriers (common carriers), contract carriers by motor vehicle, interstate carriers, hazardous materials carriers, towing carriers, household goods movers, and motor vehicle carriers exempt from regulation as public utilities (charter or scenic buses, children's activity buses, luxury limousines, off-road scenic charters, and property carriers by motor vehicle).  In addition, these rules cover motor carriers, motor private carries, freight forwarders, brokers, leasing companies, and other persons required to register under the Unified Carrier Registration Agreement, pursuant to 49 U.S.C. § 14504a.
The statutory authority for the promulgation of these rules can be found at §§ 40-2-108, 40-2-110.5(8), 40-2-116, 40-3-101(1), 40-3-102, 40-3-103, 40-3-110, 40-4-101, 40-5-105, 40-7-113(2), 40-10-105(1), 40-10-105(2)(c), 40-10-107, 40-10-110, 40-10.5-102(2), 40-10-111, 40-10-120(4), 40-11-103(1), 40-11-105, 40-11-106, 40-11-109, 40-11-115(4), 40-13-104(1), 40-13-105, 40-13-107, 40-13-110(1), 40-14-103(2)(c), 40-14-104(2), 40-14-108(1), 40-14-110, 40-16-103.6(1), 40-16-103.8, 40-16-104, 40-16-105(1), 42-4-1809(2)(a), and 42-4-2108(2)(a), 42-20-202(1)(a), C.R.S.
GENERAL PROVISIONS
6000.	Scope and Applicability.
All rules in this Part 6, the "6000" series, shall apply to all Commission proceedings and operations concerning regulated entities providing transportation by motor vehicle, unless a specific statute or rule provides otherwise.  Rules 6000 – 6099 apply to all common carriers, contract carriers, exempt intrastate carriers, towing carriers, household goods movers, UCR registrants, and interstate carriers, as defined herein.  Specific provisions regarding the applicability of this Part 6 can be found in rules 6100, 6200, 6250, 6300, 6400, 6500, and 6600.
Nothing in this Part 6, the “6000” series, shall be construed to apply to a secured creditor or assignee (principal), or repossessor (agent), or to the repossession of a motor vehicle by a secured creditor or assignee (principal), or repossessor (agent), when repossessing pursuant to § 4-9-629, C.R.S.
Notwithstanding anything in this Part 6 to the contrary, the following rules shall be held in abeyance until further notice: 
(a)	The reference in the first paragraph of this rule to interstate carriers;
(b)	Rule 6001(l), (r), (s), (t), (u), (v), (w), (dd), (ee), (ff), (pp), (ccc), and (ggg);
(c)	The last phrase in rule 6001(xx) that reads, “or an interstate carrier registration”;
(d)	The phrase in rule 6001(mmm) that reads, “or interstate carrier”;
(e)	Rule 6004(b) and (c);
(f)	The schedule of limits for interstate carriers in the table found in rule 6007(b)(I)(B); 
(g)	The phrase in rule 6007(c)(I) that reads, “or, for an interstate carrier, is provided in accordance with § 387 of 49 C.F.R.”;
(h)	Rule 6007(f)(I)(C);
(i)	The terms “Form BMC 35” and “Form BMC 36” found in rule 6007(k);
(j)	Rule 6008(b);
(k)	That portion of rule 6009(e) that reads, “except that a Form RS-3 shall be issued to a regulated interstate carrier registered under the SSRS”;
(l)	That portion of rule 6009(e)(I) that reads, “to subparagraphs (II) and (III) of this paragraph”;
(m)	Rule 6009(e)(II) and (III), and rule 6009(f); and
(n)	That portion of rule 6011(a) that reads, “An interstate carrier shall file its designation using Form BOC-3. Except for an interstate carrier";
6001.	Definitions.
The following definitions apply throughout this Part 6, except where a specific rule or statute provides otherwise:
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[signifies omission of unaffected rules]
(l)	"Exempt interstate carrier" means any interstate or foreign commerce carrier by motor vehicle operating into, from, within, or through the State of Colorado pursuant to federal exemptions or partial exemptions from economic regulation, as described in § 40-10-120(3) and 40-11-115(3), C.R.S.
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(r)	"Form BMC 35" means Notice of Cancellation of Motor Carrier Insurance.
(s)	"Form BMC 36" means Notice of Cancellation of Motor Carrier Surety Bond.
(t)	"Form BMC 91" or "Form BMC 91X" means a Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance, executed by an authorized representative of the insurer.
(u)	"Form BMC 91MX" means a Motor Carrier Automobile Bodily Injury and Property Damage Liability Surety Bond, executed by an authorized representative of the surety.
(v)	"Form BOC-3" means the form designating an agent for service of process required under 49 C.F.R. Part 366.
(w)	"Form D-1" means a NARUC Uniform Identification Cab Card for motor vehicle or driveaway operations conducted by an exempt interstate carrier.
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(dd)	"Form MCS 82" means a Motor Carrier Public Liability Surety Bond, executed by an authorized representative of the surety.
(ee)	"Form MCS 90" means an Endorsement for Motor Carrier Policies of Insurance for Public Liability, executed by an authorized representative of the insurer.
(ff)	"Form RS-3 registration receipt" means a receipt issued to a regulated interstate carrier indicating that the required financial responsibility has been filed with the Commission and fees have been paid.
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(pp)	"Interstate carrier" means a "regulated interstate carrier" or an "exempt interstate carrier," as those terms are defined in this rule.
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(xx)	"Operating right" means a towing carrier permit, a household goods registration, an exempt passenger carrier registration, a property carrier registration, or an interstate carrier registration.
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(ccc)	"Regulated interstate carrier" means any interstate or foreign commerce carrier by motor vehicle operating into, from, within, or through the State of Colorado under authority issued by the FMCSA, as described in §§ 40-10-120(2) and 40-11-115(2), C.R.S.
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(ggg)	"SSRS" means the Single State Registration System, the insurance registration system for regulated interstate carriers implemented by 49 U.S.C. § 14504 and 49 C.F.R. Part 367.
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(mmm)	"Transportation carrier" means common carrier, contract carrier, towing carrier, household goods mover, exempt intrastate carrier, or interstate carrier.
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(ooo)	“UCR Agreement” means the Unified Carrier Registration Agreement authorized by section 4305 of the federal “Unified Carrier Registration Act of 2005,” and found in 49 U.S.C. § 14504a.
(ppp)	“UCR registrant” means a motor carrier, motor private carrier, freight forwarder, broker, leasing company, or other person required to register under the UCR Agreement.
(qqq)	"Voluntary suspension" means a suspension sought by a transportation carrier.
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6004.	Registrations.
Transportation carriers may seek Commission action regarding any of the following matters through the filing of an appropriate registration:
(a)	For registration as an exempt passenger carrier, as provided in rule 6303.
(b)	For registration as a regulated interstate carrier, as provided in rule 6403.
(c)	For registration as an exempt interstate carrier, as provided in rule 6404.
(d)	For registration in the UCR Agreement, as provided in rule 6405.
(e)	For registration as a property carrier or household goods mover, as provided in rule 6603.
6005.	Records.
(a)	Unless a period of record retention is specified in a rule, 
(I)	transportation carriers shall maintain the records required by these rules for a period of three years; and
(II)	a UCR registrant shall maintain the records upon which the annual registration in the UCR Agreement are based for a period of three years.
(b)	The records may be kept in either a written or electronic format.
(c)	Upon receipt of a records request by an enforcement official, except as otherwise required by these rules or an order of the Commission, the records must be made available to such enforcement official pursuant to the following timelines:
(I)	Immediately for any records required to be maintained in a motor vehicle or with the driver, towing authorizations, household goods mover contracts for service, or any records related to insurance or safety;
(II)	Within two days for any records related to a complaint investigation; or
(III)	Within ten days for all other records.
(d)	When a request under paragraph (c) of this rule meets multiple standards under subparagraphs (c)(I) through (III), the strictest standard shall apply.
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6007.	Financial Responsibility.
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(b)	Financial responsibility, minimum levels.  The minimum levels of financial responsibility are prescribed as follows:
(I)	Motor vehicle liability coverage.
(A)	Motor vehicle liability coverage shall be combined single limit liability.
(B)	Schedule of limits:

Type of Carrier	Vehicle Seating Capacity 
or GVWR	Minimum Level	
Common and Contract Carriers	8 or less	$  500,000	
	9 through 15	$1,000,000	
	16 through 32	$1,500,000	
	33 or more	$5,000,000	
Exempt Passenger Carriers:	15 or less	$1,000,000	
	16 through 32	$1,500,000	
	33 or more	$5,000,000 or, for public entities, the maximum amount per § 24-10-114(1) C.R.S.	
Property Carrier or Household Goods Mover	10,000 pounds or more GVWR	$  750,000	
	Less than 10,000 pounds GVWR	$  300,000	
Towing Carriers	Any GVWR	$  750,000	
Interstate Carriers	See 49 C.F.R. Part 387	In amounts required by 49 C.F.R. Part 387	
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(c)	Except as provided in paragraph (d), the transportation carrier shall ensure that insurance or surety bond coverage:
(I)	is provided only by insurance or surety companies authorized to provide such coverage in the State of Colorado; or, for an interstate carrier, is provided in accordance with § 387 of 49 C.F.R.; or, for self-insurance, is provided in accordance with §§ 10-4-624 and 42-7-501, C.R.S.;
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(f)	The transportation carrier shall cause to be filed with the Commission the appropriate form in lieu of the original policy as follows:
(I)	Motor vehicle liability coverage.
(A)	For all common carriers, contract carriers, exempt intrastate carriers, household goods movers, and towing carriers, a Form E or G.
(B)	For common carriers, contract carriers, exempt intrastate carriers, household goods movers, and towing carriers obtaining a certificate of self-insurance under the provisions of §§ 10-4-624 and 42-7-501, C.R.S., or Part 387 of 49 C.F.R., a copy of said certificate of self-insurance.  Upon renewal of the certificate of self-insurance, the common carrier, contract carrier, exempt intrastate carrier, household goods mover, or towing carrier shall file a copy of the most current version of such certificate of self-insurance.
(C)	For interstate carriers, such forms as are required by 49 C.F.R. Part 387.
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(k)	Except as provided in paragraph (l) of this rule, each certificate of insurance and/or surety bond required by and filed with the Commission shall be kept in full force and effect unless and until canceled or not renewed upon 30-days advance written notice, on Form K, Form L, Form BMC 35, or Form BMC 36, as applicable, from the insurer or surety to the Commission.  The 30-day cancellation or non-renewal notice period shall commence on the date the notice is received by the Commission.  In lieu of the prescribed form, the insurer or surety may cancel or not renew a certificate of insurance and/or surety bond by letter to the Commission containing the same information as required by such form.
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6008.	Summary Suspensions and/or Revocations for Lack of Financial Responsibility.
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(b)	Exempt interstate carriers.  Whenever Commission records indicate that an exempt interstate carrier's required insurance or surety coverage is or will be canceled, and the Commission has no proof on file indicating replacement coverage, the Commission shall:
(I)	Prior to coverage cancellation, mail notice to said exempt interstate carrier indicating that its required coverage will be cancelled and that the exempt interstate carrier's registration to operate will be revoked on the date of coverage cancellation; and
(II)	After coverage cancellation, immediately revoke the exempt interstate carrier's registration and mail notice to said carrier indicating that its required coverage has been cancelled and that the exempt interstate carrier's registration to operate has been revoked.
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6009.	Annual Motor Vehicle Identification Fees.
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(e)	Proof of payment of each annual identification fee shall be in the form of a vehicle identification stamp issued by the Commission; except that a Form RS-3 shall be issued to a regulated interstate carrier registered under the SSRS.
(I)	Except as provided in subparagraphs (II) or (III) of this paragraph and paragraph (g) of this rule, a transportation carrier shall not operate a motor vehicle unless it has affixed a valid vehicle identification stamp to the inside lower right-hand corner of the motor vehicle’s windshield.
(II)	Except as provided in subparagraph (III) of this paragraph, transportation carriers that are also exempt interstate carriers shall carry a Form D-1 with the identification stamp on the back of the cab card in the square bearing the name of the State of Colorado in lieu of affixing the vehicle identification stamp to the windshield.
(III)	Transportation carriers that are also regulated interstate carriers registered under the SSRS shall carry a copy of the current year's Form RS-3 Registration Receipt in each motor vehicle in lieu of affixing the vehicle identification stamp to the windshield or to the Form D-1.
(f)	Transportation carriers using a motor vehicle in both interstate and intrastate operations need only pay the annual identification fees associated with interstate operations for that motor vehicle.
(g)	For a transportation carrier that is also a UCR registrant, any motor vehicle that was included in the calculation of fees paid under the UCR Agreement is exempt from this rule.
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6011.	Designation of Agent.
(a)	Each transportation carrier shall file in writing with the Commission, and shall maintain on file, its designation of the name and address of a person upon whom service may be made of any lawful notice, order, process, or demand.  The named person is the transportation carrier's designated agent.  A transportation carrier shall not designate the Secretary of State of the State of Colorado.  The person designated, if a natural person, shall be at least 18 years of age.  The address of the person designated shall be in the State of Colorado.  An interstate carrier shall file its designation using Form BOC-3.  Except for an interstate carrier, the transportation carrier shall provide a signed statement by the designated agent indicating that person has approved the designation.
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INTERSTATE CARRIER RULES
6400.	Applicability of Interstate Carrier Rules.
Rules 6400 through 6499 apply to all interstate motor carriers, motor private carriers, freight forwarders, brokers, leasing companies, or other persons required to register under the UCR Agreement.
The following rules shall be held in abeyance until further notice: 
(a)	the word “interstate” found in the first paragraph of this rule; and
(b)	Rules 6401(a), 6402, 6403, 6404, and 6406(a), (b), and (c).
6401.	Regulations Incorporated by Reference.
(a)	The Commission incorporates by reference the regulations published at 49 C.F.R. Parts 366 and 367, as revised as of October 1, 2003.  These rules do not incorporate later amendments to or editions of the C.F.R.
(b)	The Commission incorporates by reference the regulations published at 49 C.F.R. Parts 367 as revised as of August 24, 2007.  See 72 Fed. Reg. 164 (2007), pages 48585 through 48590.  These rules do not incorporate later amendments to or editions of the C.F.R. or the Federal Register.
(c)	Persons interested in information concerning how the material incorporated by reference may be obtained or examined should contact:
Transportation Section Chief
Colorado Public Utilities Commission
1560 Broadway, Suite 250
Denver, Colorado 80202
Telephone: (303) 894-2850
(d)	The material incorporated by reference may be examined at the offices of the Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except when such days are state holidays.  The material incorporated by reference may also be examined at any state publications library.
6402.	Definitions.
In addition to the generally applicable definitions in rule 6001, the following definitions apply only in the context of these Interstate Carrier Rules:
(a)	"Jurisdiction" means a state of the United States, the District of Columbia, a province or territory of Canada, or the Republic of Mexico.
(b)	"Federal authority" means authority issued by the FMCSA.
(c)	"Registration state" means the State where the regulated interstate carrier maintains its principal place of business.  If the regulated interstate carrier’s principal place of business is located in a jurisdiction that is not a participating SSRS registration state, the registration state shall be the participating state in which such regulated interstate carrier will operate the largest number of motor vehicles during the registration year; if more than one state applies using this criterion, the registration state shall be one of those states chosen by such regulated interstate carrier.  Once the registration state jurisdiction is determined, this designation shall be effective until the regulated interstate carrier changes its principal place of business.
6403.	Registration:  Regulated Interstate Carriers.
(a)	All regulated interstate carriers that designate or that are required to designate the State of Colorado as their SSRS registration state shall register with the Commission for all states of travel.  No regulated interstate carrier may operate without registering for the applicable registration year.  Each calendar year is a different registration year.  The regulated interstate carrier shall submit its registration materials on fully completed forms supplied by the Commission, attaching all required documents thereto.  The regulated interstate carrier shall submit its registration materials with its payment of the required fees.(b)	A regulated interstate carrier using a motor vehicle in both interstate and intrastate commerce need only pay the fees associated with interstate commerce for that motor vehicle.
(b)	A regulated interstate carrier using a motor vehicle in both interstate and intrastate commerce need only pay the fees associated with interstate commerce for that motor vehicle.
(c)	A regulated interstate carrier may add additional motor vehicles or states of travel by filing supplemental registration materials and paying the appropriate fees.  If a regulated interstate carrier is applying to add additional states of travel, the supplemental registration materials shall include a federal authority authorizing travel to those states.
(d)	Prior to operating a motor vehicle in interstate commerce, the regulated interstate carrier shall place and keep a copy of the current year's registration receipt required by paragraph (a) or supplemental registration receipt required by paragraph (c) in each such motor vehicle.
(e)	Any alteration or unauthorized use of a registration receipt or supplemental registration receipt by any person associated with the regulated interstate carrier, including a driver, shall render the registration of the regulated interstate carrier void.  Such action shall be considered an intentional violation of the registration requirements set forth in § 40-10-120(2) and/or § 40-11-115(2), C.R.S.
6404.	Registration:  Exempt Interstate Carriers.
(a)	Except for an interstate carrier that has lawfully registered through the SSRS for operations in Colorado, no exempt interstate carrier shall operate into, from, within, or through the State of Colorado until it has registered its operations with the Commission.  In so registering, the exempt interstate carrier shall request the Commission's issuance of vehicle identification stamps for any motor vehicle that it intends to operate within Colorado for that year.  The exempt interstate carrier shall submit its registration materials on fully completed forms supplied by the Commission, attaching all required documents thereto.  The exempt interstate carrier shall submit its registration materials with its payment of the required fees.
(b)	An exempt interstate carrier using a motor vehicle in both interstate and intrastate commerce need only pay the fees associated with interstate commerce for that motor vehicle.
(c)	Each exempt interstate carrier shall apply to NARUC for the issuance of a sufficient supply of Forms D-1 (cab cards) for use in connection with the identification of any motor vehicle that it intends to operate in Colorado.  On or before the first day of January of each year, and prior to operating a motor vehicle in Colorado during the year, the exempt interstate carrier shall place the vehicle identification stamp issued by the Commission on the back of the cab card in the square bearing the name of the State of Colorado in a manner that the stamp cannot be removed without defacing it.  The exempt interstate carrier shall complete and execute the form of the certificate on the front of the cab card in order to identify itself and the motor vehicle.  The exempt interstate carrier shall maintain the cab card in the motor vehicle for which it was prepared.  The cab card shall only be used for the motor vehicle for which it was originally prepared.
(d)	The cab card shall be valid only for the calendar year for which it was issued and shall become void at 12:01 AM on the first day of January of the succeeding year.
(e)	An exempt interstate carrier shall file supplemental registration materials to report a change in operations.
(f)	Any alteration or unauthorized use of a cab card by any person associated with the exempt interstate carrier, including a driver, shall render the registration of the exempt interstate carrier void.  Such action shall be considered an intentional violation of the registration requirements set forth in §§ 40-10-120(2) and/or 40-11-115(2), C.R.S.
(g)	If a cab card is mutilated or becomes illegible, the exempt interstate carrier may prepare a new cab card and attach the mutilated or illegible cab card.  If a cab card is lost or destroyed, the exempt interstate carrier may prepare a new cab card and shall purchase a new vehicle identification stamp.

6405.	Unified Carrier Registration Agreement.
(a)	A UCR registrant that designates or that is required to designate the State of Colorado as its base state under the UCR Agreement, shall register with the Commission.  No UCR registrant may operate without registering for the applicable registration year.  Each calendar year is a different registration year.
(b)	A UCR registrant shall register using the on-line registration system available at a website designated by the Commission.  In lieu of registering on-line, a UCR registrant may register by submitting to the Commission a fully completed UCR Agreement registration form, the required fees, and any other required documents. 
(c)	A UCR registrant using a motor vehicle in both interstate and intrastate commerce is exempt from the fees required under § 40-2-110.5(1), C.R.S., for that motor vehicle.
(d)	A UCR registrant must register in the proper category pursuant to the rules established under 49 U.S.C. § 14504a.
6406.	Interstate Carrier Violations, Civil Enforcement, and Civil Penalties.
(a)	A person who violates any of the following provisions may be assessed a civil penalty of up to $1,100.00 for each violation:
(I)	§ 40-10-120(2), C.R.S.; § 40-11-115(2), C.R.S.; or paragraph 6403(a), with regard to operating without a registration.
(II)	§ 40-10-120(3), C.R.S.; § 40-11-115(3), C.R.S.; or paragraph 6404(a), with regard to operating without a registration.
(b)	Any person who operates a motor vehicle pursuant to §§ 40-10-120 or 40-11-115, C.R.S., and who fails to carry proof of interstate registration in said motor vehicle as required by 49 C.F.R. § 367.5(e), paragraph 6403(c), or paragraph 6403(d), may be assessed a civil penalty of up to $25.00 for each violation.
(c)	Except as provided in paragraphs (a) and (b) of this rule, a person who violates any provision of §§ 40-10-120 or 40-11-115, C.R.S., or any provision of the Interstate Carrier Rules may be assessed a civil penalty of up to $275.00 for each violation.
(d)	A person who violates § 40-10.5-102(1)(a), C.R.S., or rule 6405(a) with regard to operating without a registration, may be assessed a civil penalty of up to $1,100.00 for each violation.
(e)	Except as provided in paragraph (d) of this rule, a person who violates any provision of § 40-10-10.5-102, C.R.S., or any provision of the Interstate Carrier Rules may be assessed a civil penalty of up to $275.00 for each violation.
6407.  -  6499.	[Reserved].
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