Emergency Rules for Special Revocable Permits

1.	Statement of Basis and Purpose.  The statutory bases for this regulation are §§ 24-4-103, § 42-8-104(1) and 42-8-105(4), C.R.S. The purpose of these rules is to define the requirements for issuance of special revocable permits. These permits authorize a carrier to carry on commercial vehicle operations without meeting the port clearance requirements of § 42-8-105(1), C.R.S. The purpose of this rule is to address the adverse economic impact of the increased fuel use due to the denial of special revocable permit applications. This rule will bring clarity to the language utilized in previous promulgated rules that define the eligibility requirements for the permit, specifically, the definition of regularly scheduled routes. In addition to defining regularly scheduled routes, the rule adds provisions that protect the motoring public by addressing requirements for the safe operation of commercial vehicles operating under the scope of the special revocable permit.

2.	Definition of Regularly Scheduled Route. The owner or operator must operate over a regularly scheduled route. For the purposes of this section, regularly schedule route shall be defined as a route provided by an applicant that the Department has determined to be normal for departures, arrivals, deliveries, or loading. The determination may be based upon, but not limited to day of the week, time of day, or, route used for point of departure, arrival, delivery or loading. The route must originate in, terminate in, or service enterprises within five road miles of the affected permanent port of entry weigh station. The Motor Carrier Services Division shall have the right and discretion to assign special conditions upon the issuance or use of a special revocable permit whenever it deems such conditions to be necessary or advisable.

3.	Issuance. The special revocable permit is to be issued by the Motor Carrier Services Division upon the recommendation and with the approval of the Director of the Motor Carrier Services Division or designee.

4.	Application. Application for special revocable permits shall be made on Department of Revenue forms and shall include each of the following:

a.	Full name, address, and signature of the applicant.
b.	The number of vehicles the applicant intends to operate under the special revocable permit.
c.	The time of day, day of the week, and point of departure, arrival, delivery, or loading. The description of the route shall be complete, including the directions of travel and the highways to be traveled under the special revocable permit. The description shall also name the permanent port of entry weigh station located within five road miles of the specific route to be traveled.
d.	Copies of the following, where applicable:
i.	Property Carrier Registration permit issued by the Colorado Public Utilities Commission
ii.	Evidence of the applicant's compliance with UCR, if applicable to the carrier.
iii.	Valid vehicle registrations of vehicles that will be operating under the special revocable permit.

5.	Permits. Each such permit shall contain the name of the holder, a description of the route to be traveled within the purview of the permit, and brief instructions concerning the authority and use of the permit, and the name of the permanent port of entry weigh station located within five road miles of the route traveled. Each revocable permit holder may make a sufficient number of copies of the permit in accordance with the number of vehicles that the holder indicated will be operated under the authority of the permit over the prescribed route. 

6.	The permit must be carried at all times in any authorized vehicle operated over the approved route and upon demand it must be submitted for inspection by the Colorado State Patrol, Port of Entry personnel, and other state and local law enforcement officers. The permit is not transferable.  Issuance of the permit does not affect the right of any lawful authority to stop a vehicle and check for operating credentials, oversize, overweight, or violation of the motor vehicle laws. 

7.	Suspension, Revocation or Denial. The holder of a revocable permit agrees that all transportation operations shall be in compliance with any applicable laws, including federal, state, county, or local municipality. Permits may be suspended or revoked, or applications may be denied by the department if:

a.	 The holder or applicant fails to pay taxes or registration fees when due, or 
b.	The holder or applicant is subject to the payment of recurrent distraint penalties as provided in subsection (7) of 39-21-114, C.R.S., or 
c.	The holder or applicant is utilizing or will utilize the permit for the purpose of evading any law, or 
d.	The holder or applicant does not qualify for or has violated the conditions of the special revocable permit, or
e.	The applicant has been convicted of a violation of Section 42-4-509(3), C.R.S., or Section 42-8-105(1) through subsection (3), C.R.S., within a twenty-four month period prior to the application for the special revocable permit, or 
f.	The holder has been convicted of a violation of Section 42-4-509(3), C.R.S., or Section 42-8-105(1) through subsection (3), or 
g.	The safestat score or rating, of the holder or applicant is 75 or higher, or
h.	Each vehicle for which the holder of the special revocable permit has applied, does not obtain clearance from the affected port of entry, at least once per quarter, or 
i.	The holder or applicant misuses, or uses in a fraudulent manner, any valid or invalid permit or license, or
j.	The approved route is altered or discontinued.

8.	The Motor Carrier Services Division may immediately suspend, cancel or revoke any special revocable permit for non-compliance through a written Notice of Suspension, Cancellation or Revocation. Within thirty (30) days of receiving the written Notice of Suspension, Cancellation or Revocation, the carrier may request a hearing on the merits of the suspension, cancellation, or revocation by making a written request to the Hearings Section of the Department of Revenue at 1881 Pierce St., #106, Lakewood, CO 80214.  
a.	The Hearings Section shall hold the hearing in accordance with the provisions of the State Administrative Procedures Act and the provisions of Title 42 of the Colorado Revised statutes. The issue at the hearing shall be whether the carrier has complied with these rules.  
b.	The hearing officer shall issue a written decision within fifteen (15) business days of the completion of the hearing. If the hearing officer finds that the evidence of non-compliance is sufficient, then the suspension, cancellation or revocation shall be sustained. If the hearing officer finds that the evidence of non-compliance is insufficient, then the suspension, cancellation or revocation shall be immediately lifted and the Special Revocable Permit shall be reinstated.
c.	The decision by the hearing officer shall constitute final agency action, and is subject to judicial review as provided by § 24-4-106, C.R.S.

9.	Multi-Trip Permit. In lieu of the issuance of a special revocable permit, the Department may issue a multi-trip permit (DR 7035) when evidence of a satisfactory history of compliance exists with commercial motor vehicle laws and regulations exist. A valid multi-trip permit shall relieve the holder of the permit from the port clearance requirements of Section 42-8-105, C.R.S., for the duration of the permit. The multi-trip permit shall be displayed in the bottom right corner of the vehicle windshield and shall be clearly marked with vehicle identifying information and expiration date. Multi-trip permits may be issued for a period of one (1) to seven (7) days and may be suspended, denied or revoked for any violations of part five of Article 4 of Title 42, C.R.S.