C07-0742Decision No. C07-0742
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-327TRDOCKET NO. 07R-327TR
In the matter of the proposed RUles regulating transportation by motor vehicle, 4 code of colorado regulations 723-6.
notice of proposed rulemaking
Mailed Date:  August 30, 2007
Adopted Date:  August 28, 2007
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding proposed Rules Regulating Transportation by Motor Vehicle.  A copy of the proposed rules is attached to this NOPR.
2.	The attached proposed rules appear in legislative (strikeout/underline) format.  Amendments are proposed to both existing permanent and emergency rules.  To the extent that interested persons wish to understand the amendments previously made on an emergency basis, the following Commission decisions should be consulted:  C07-0547, C07-0565, C07-0613, and C07-0700.
3.	The basis and purpose of the proposed rules is generally to describe the manner of regulation over persons providing transportation service by motor vehicle in the State of Colorado.  More specifically, the basis and purpose of the proposed rules is to implement House Bills 07-1019, 07-1065, and 07-1249; to make modifications to financial responsibility rules; to clarify rules for regulated intrastate carriers, including rules for applications; and to update civil penalty rules.
4.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-2-116, 40-3-102, 40-5-105, 40-7-113(2), 40-10-105.5(5), 40-10-110, 40-10-111, 40-11-103(1), 40-11-105, 40-11-109, 40-14-103(2)(c), 40-14-106(2)(a)(I), 40-14-110, 40-16-103.8, 40-16-104, and 40-16-104.5(5), C.R.S.
5.	This NOPR generally proposes to make the following amendments, without limitation, to the Rules Regulating Transportation by Motor Vehicle (rule numbers below appear in abbreviated form; e.g., rule 6001(ss) of  4 Code of Colorado Regulations (CCR) 723-6 appears as rule 6001(ss)):
a)	Proposed rule 6001(ss) will codify, on a permanent basis, the existing emergency rule definition of “luxury limousine.”
b)	Proposed rule 6006(b) requires transportation carriers to file reports with the Commission detailing changes in mailing and physical addresses, telephone numbers, and agents for service of process.
c)	Proposed rule 6007(g) establishes that a transportation carrier’s failure to file proof of liability coverage constitutes a rebuttable presumption that the carrier is not properly covered.
d)	Proposed rule 6015 (re-numbered from existing rule 6016) will amend and codify, on a permanent basis, the existing emergency rule for fingerprint-based criminal history background checks.
e)	Proposed rule 6016 (re-numbered from existing rule 6015) will set a range of civil penalties up to $275.00 for violations of proposed rule 6015.
f)	Proposed rules 6201(a) and (l) add definitions for “auto livery,” “auto livery service,” “special bus,” “special bus transportation,” and “special bus service.”  However, proposed rule 6203(a)(VII)(B) restricts against these types of service in applications for new or extended authority.
g)	Proposed rules 6203(a)(XII) and 6205(c)(XIII) clarify that the qualifications of an applicant, including a transferee, to conduct operations as a common or contract carrier, must include a statement regarding the applicant’s managerial, operational, and financial fitness.
h)	Proposed rules 6301 and 6308(a) delete the definition and use of the Environmental Protection Agency’s fuel economy guide in qualifying luxury limousines.
i)	Proposed rule 6304 will codify, on a permanent basis, the existing emergency rule regarding luxury limousine exterior signs or graphics.
j)	Proposed rule 6305 sets physical condition and age standards for luxury limousines.  The proposed rule also deletes equipment requirements for luxury limousines, namely requirements regarding televisions, beverages, and beverage service amenities.
k)	Proposed rules 6002(e), and 6305(b), (g), and (h) delete the qualification process for luxury limousines.
l)	Existing rule 6307, regarding the incorporation by reference of 40 Code of Federal Regulations (CFR) § 600.315-82 is proposed to be deleted.  Existing rules using this incorporated material (e.g., 6308(a)(II)(A)) are also proposed to be deleted.
m)	Proposed rule 6308 will amend and codify, on a permanent basis, the existing emergency rule for luxury limousine categories.
n)	Proposed rules 6309, 6310, and 6311 amend rules pertaining to luxury limousine prearrangement, presumptions, and operational requirements.
o)	Proposed rule 6312 amends the civil penalty provisions regarding the offering of exempt passenger carrier service without registration.  The proposed rule also adds civil penalty provisions for luxury limousine prearrangement and operational requirements.
p)	Proposed rule 6603 will amend and codify, on a permanent basis, the existing emergency rule regarding registration of household goods movers and property carriers.  In particular, the proposed rule will amend the registration and background check process for household goods movers.
q)	Various proposed rules correct inaccurate cross-references.
6.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed rules, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than September 28, 2007.  Reply comments should be submitted by October 9, 2007.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The submission of electronic comments shall, if submitted, be by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
7.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the September 10, 2007, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	October 15, 2007
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than September 28, 2007.  The submission of electronic comments shall, if submitted, be by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  Reply comments should be submitted by October 9, 2007.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
August 28, 2007.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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