COLORADO DEPARTMENT OF REGULATORY AGENCIES
Public Utilities Commission
4 Code of Colorado Regulations (CCR) 723-6
PART 6
RULES REGULATING TRANSPORTATION BY MOTOR VEHICLE

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).
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), 40-10-105.5(5), 40-10-107, 40-10-110, 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), 40-14-106(2)(a)(I), 40-14-108(1), 40-14-110, 40-16-103.6(1), 40-16-103.8, 40-16-104, 40-16-104.5(5), 40-16-105(1), 42-4-1809(2)(a), 42-4-2108(2)(a), and 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, 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.
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]

(ss)	"Luxury limousine" means a motor vehicle, for hire on a prearranged, charter basis to transport passengers in luxury limousine service.  Luxury limousine does not include a taxicab.
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6002.	Applications.
Transportation carriers may seek Commission action regarding any of the following matters through the filing of an appropriate application:
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(e)	For a permit to operate as a towing carrier, as provided in rule 6503.
(f)	For any other matter provided by statute or rule but not specifically described in this rule.
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6006.	Reports, Name Changes, Address Changes, and Address Additions.
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(b)	Within two days of receipt of all supporting documentation required by this paragraph, each transportation carrier shall file a signed report with the Commission detailing, as applicable, any change of name, mailing address, physical address, telephone number, agent for service of process on file with the Commission.  Such a filing shall indicate all the affected transportation carrier’s common carrier certificate, contract carrier permit, towing carrier permit, or registration numbers.  Name change filings, including trade name changes or trade name additions, shall include supporting documentation from the Colorado Secretary of State and/or the Colorado Department of Revenue.
(I)	In the event of a name change or an address change, the transportation carrier shall comply with all other applicable Commission rules, including but not limited to, rules regarding financial responsibility filings.
(II)	No name change shall be effective until proper proof of financial responsibility in the transportation carrier’s new name has been filed with the Commission.
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6007.	Financial Responsibility.
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(g)	The transportation carrier’s failure to file proof of liability coverage, as required by this rule, shall constitute a rebuttable presumption that the carrier is not properly covered under the requirements of this rule.
(h)	All forms referred to in this rule are available from the Commission.
(i)	The transportation carrier shall ensure that the policy and the forms noted in this rule contain the transportation carrier’s exact name, trade name (if any), and address as shown in the records of the Commission; and
(j)	Any subsequent changes of name, address, or policy number shall be reflected by the filing of an appropriate endorsement or amendment with the Commission.
(k)	The proof of minimum levels of financial responsibility required by this rule is public information and may be obtained from the Commission.
(l)	Except as provided in paragraph (m) 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.
(m)	Administrative cancellation of certificates of insurance and/or surety bond.
(I)	When a new certificate of insurance and/or surety bond is received by the Commission, all certificates of insurance and/or surety bond for the same type and category of coverage with an older effective date shall be administratively cancelled. For purposes of this paragraph, type of coverage means those listed in paragraph (f) of this rule, and category of coverage means primary coverage or excess coverage.
(II)	When the Commission receives notice from a transportation carrier to cancel all of its authorities and operating rights, all certificates of insurance and/or surety bond for the transportation carrier shall be administratively cancelled.
(n)	Common and contract carriers operating under a waiver or variance of the insurance limits shall:
(I)	Post the following notice in each of its passenger motor vehicles affected by the waiver or variance, disclosing the appropriate amounts in the blanks of said notice:
NOTICE
The Public Utilities Commission's rules generally require $______________ amount of insurance on a motor vehicle of this size. However, the Commission has authorized this company to operate with $_________________ of combined single limit liability insurance.  This limit may not cover the total amount of a claim in the event of a serious accident.
(II)	Print such notice in letters of not less than 14-point size and posted in a manner that makes it readily visible to each passenger.
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6015.	Fingerprint-Based Criminal History Background Checks.
(a)	For purposes of this rule only:
(I)	“Applicant” means a household goods mover seeking to establish or renew a household goods mover registration.
(II)	“CBI” means the Colorado Bureau of Investigation.
(III)	“Driver” means a person who drives or wishes to drive for a passenger carrier, regardless of whether such person drives or wishes to drive as an employee or independent contractor.
(IV)	“Passenger carrier” means an exempt passenger carrier or a common carrier with authority to provide taxicab service.
(V)	“Principal” means a director, officer, owner, or general partner of a household goods mover.
(VI)	“Record check” means a state and national fingerprint-based criminal history record check.
(b)	This rule applies to passenger carriers, drivers, household goods movers, and principals.
(c)	Drivers and passenger carriers.
(I)	Within ten days of contracting or being employed to drive for passenger carrier, a driver shall submit to the Commission a set of the driver’s fingerprints and payment of the actual cost to conduct a record check.
(II)	A driver shall re-submit to the Commission a set of the driver’s fingerprints and payment of the actual cost to conduct a record check at least once every two years.
(III)	The driver may obtain information regarding the actual cost of the record check from the Commission or its website.  The driver shall submit his or her fingerprints on an official form (FD-258).  The Commission will only accept official forms completed in accordance with the instructions available from the Commission or its website.
(IV)	A passenger carrier shall not permit a driver to drive for the passenger carrier if:
(A)	the driver has not complied with this rule and § 40-16-104.5 or § 40-10-105.5, C.R.S., as applicable;
(B)	the driver is disqualified and prohibited from driving under subparagraph (c)(VII), or § 40-16-104.5(4) or § 40-10-105.5(4), C.R.S., as applicable; or
(C)	the passenger carrier becomes or reasonably should have become aware that the driver has been
(i)	convicted, within the last ten years, of any offense listed in § 40-16-104.5(4)(a) or § 40-10-105.5(4)(a), C.R.S., as applicable; or
(ii)	convicted, within the last two years, of any offense listed in § 40-16-104.5(4)(b) or § 40-10-105.5(4)(b), C.R.S., as applicable.
(V)	Passenger carriers are authorized to contact the Commission regarding whether a particular driver has been disqualified and prohibited from driving.
(VI)	A passenger carrier shall, as a condition of continued contract or employment, require a driver to submit his or her fingerprints to the Commission for a record check:
(A)	at least once every two years; and/or
(B)	within ten days of becoming aware that the driver has been convicted of the offenses listed in subparagraphs (IV)(C)(i) and (ii) of this rule.
(VII)	Driver qualification determinations.
(A)	Upon the Commission’s receipt of a completed record check, Staff of the Commission (Staff) shall make the initial determination regarding the driver’s qualification status under § 40-16-104.5(4) or § 40-10-105.5(4), C.R.S., as applicable.
(B)	In making its initial qualification determination, Staff is authorized to request from the driver, and the driver shall provide, additional information that will assist Staff in making the initial determination regarding the driver’s qualification status under § 40-16-104.5(4) or § 40-10-105.5(4), C.R.S., as applicable.  If, within 15 days of Staff’s request, a driver does not provide such additional information or a reason explaining why it is unavailable, Staff shall disqualify the driver.
(C)	Staff shall give to the driver written notice of its initial qualification determination.  If Staff initially determines that the driver is disqualified and prohibited from driving, the driver may, within 60 days of Staff’s written disqualification notice, petition the Commission for an order reversing Staff’s initial determination.
(D)	Staff’s initial qualification determination may be relied upon by all persons, unless and until the Commission reverses Staff’s initial qualification determination.
(d)	Principals and household goods movers.
(I)	Prior to the issuance of a household goods mover registration, an applicant and each principal thereof shall submit a set of his or her fingerprints, using an official fingerprint form (FD-258), together with the established fee, to CBI for the purpose of conducting a record check.  The applicant should begin the fingerprint process at least three months prior to the date that the applicant wishes to begin operations as a household goods mover; fingerprint processing may take longer if results are returned as unreadable or unclassifiable.
(II)	Applicants and principals shall complete the official fingerprint form (FD-258) in accordance with the instructions available from the Commission or its website.
(III)	The Commission will use the results of the record check to determine whether to issue a household goods mover registration under rule 6603(e).
(e)	The Commission and its Staff may consult and use any commercially or governmentally available information source in conducting criminal history record checks.  The Commission may require a name-based criminal history record check of a driver, principal, or household goods mover who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unreadable or unclassifiable.
6016.	Violations, Civil Enforcement, and Enhancement of Civil Penalties.
(a)	A violation of subparagraph (a)(I) or (b)(I)(B) of rule 6007 may result in the assessment of a civil penalty of up to $11,000.00 for each violation.
(b)	Any person subject to § 40-2-110.5, C.R.S., who operates a motor vehicle without having paid the annual identification fee, or who violates any provision of rule 6009, may be assessed a civil penalty of up to $400.00 for each violation.
(c)	Except as provided for in paragraph (a) or (b) of this rule, a person who violates any provision of rules 6000 through 6015 may be assessed a civil penalty of up to $275.00 for each violation.
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SAFETY RULES
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6105.	Safety Violations, Civil Enforcement, and Civil Penalties.
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(i)	The provisions relating to the doubling and tripling of civil penalty assessments, found in § 40-7-113(3) and (4), and in paragraphs (f) through (k) of rule 6016, shall not apply to the assessment of civil penalties for safety rule violations.
6106.  –  6199.	[Reserved].
COMMON AND CONTRACT CARRIER RULES
Rules Generally Applicable to Common and Contract Carriers
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6201.	Definitions.
In addition to the generally applicable definitions in rule 6001, the following definitions apply only in the context of these Common and Contract Carrier Rules:
(a)	“Auto livery” or “auto livery service” means the transportation of passengers by common carrier, including the transportation of passengers in scheduled and/or call-and-demand service. 
(b)	"Capable," as used in § 40-6-120(1), C.R.S., means ready, willing, and able to provide services under the terms of the common carrier's authority.  Capability may be evidenced by, among other things, ongoing transportation operations or good faith efforts to conduct such operations under such authority.
(c)	"Call-and-demand," "on call-and-demand," or "call-and-demand service" means the transportation of passengers not on schedule.  Call-and-demand service includes charter service, limousine service, sightseeing service, and taxicab service.
(d)	"Charter party" means a person or group of persons who are traveling together pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, having acquired the exclusive use of the motor vehicle.
(e)	"Charter service" means transportation of a charter party.
(f)	"Dual-use vehicle" means a specific motor vehicle used to provide luxury limousine service, on the one hand, and either common carrier service, contract carrier service, or both, on the other hand.
(g)	"Flag stop" means a point of service designated by a scheduled common carrier on its filed schedule, which point is located between two scheduled points on the scheduled route.  Typically, the common carrier does not designate a specific time for service to the flag stop; if the common carrier does designate a specific time for service, the time is considered to be an approximation.
(h)	"Limousine service" means the transportation of passengers charged at a per person rate, and the use of the motor vehicle is not exclusive to any individual or group.  The term "limousine service" is distinguished from the term "luxury limousine service" as used in Article 16 of Title 40, C.R.S.
(i)	"Outstanding authority" means an existing authority, or any portion thereof, which is not under suspension.
(j)	"Schedule," "on schedule," or "scheduled service" means the transportation of passengers between fixed points and over designated routes at established times as specified in the common carrier's time schedule as filed with and approved by the Commission.
(k)	"Sightseeing service" means the transportation of passengers for the sole purpose of viewing or visiting places of natural, historic, or scenic interest, such that the transportation originates and terminates at the same point.
(l)	“Special bus,” “special bus transportation,” or “special bus service” means the transportation of passengers by common carrier:
(I)	not including ordinary and continuous scheduled service;
(II)	rendered generally on weekends, holidays, or other special occasions;
(III)	with a fixed termination date; and
(IV)	to a number of passengers whom the carrier on its own initiative has assembled into a travel group, through its own promotion and sale of individual tickets, for a trip or tour planned by the carrier.
(m)	“Tacking” means the joinder of two or more separate authorities or two or more separate parts thereof at a common service point for the purpose of providing a through service.
(n)	"Taxicab service" means passenger transportation by taxicab.
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6203.	Applications to Operate as a Common or Contract Carrier.
(a)	Any person seeking permanent authority to operate as a common or contract carrier, or permanent authority to extend a common carrier certificate or contract carrier permit, shall file an application with the Commission.  The application shall contain the following information:
(I)	The name, including trade name if applicable, physical address, mailing address, and telephone number of the applicant.
(II)	The name, mailing address, and telephone number of the applicant’s representative to whom the Commission may direct inquiries regarding the application.
(III)	A statement describing the applicant’s business structure (corporation, partnership, sole proprietorship, etc.).
(IV)	If the applicant is a corporation:  the name of the state in which it is incorporated; the location of its principal office, if any, in Colorado; the names of its directors and officers; the name and address of its Colorado agent for service of process; and a certified copy of its certificate of good standing authorizing it to do business in Colorado, certified within 14 days prior to the filing of the application.
(V)	If the applicant is a limited liability company:  the name of the state in which it is organized; the complete mailing address and physical address of its principal office; the name of its managers; and a certified copy of its certificate of good standing authorizing it to do business in Colorado, certified within 14 days prior to the filing of the application.
(VI)	If the applicant is a partnership:  the names, titles, and addresses of all general and limited partners; and a copy of the partnership agreement establishing the partnership and all subsequent amendments.
(VII)	A complete description of the authority sought, which shall indicate:
(A)	whether the applicant proposes to operate as a common or contract carrier;
(B)	the proposed type of service (i.e., charter, limousine, sightseeing, taxicab, or scheduled, but not auto livery or special bus), if the applicant proposes to operate as a common carrier;
(C)	the proposed geographic area of service or the proposed points or routes of service;
(D)	any proposed restrictions to the authority sought; and
(E)	a description of the make, model, and year of the motor vehicles proposed to be operated, or if unknown, then a summary of the number and types of motor vehicles proposed to be operated.
(VIII)	A map or diagram showing the proposed geographic area of service, or the proposed points or routes of service, if and in the form requested by the Commission or Commission staff.
(IX)	If the applicant seeks common carrier authority, the applicant shall attach signed letters of support indicating a public need for the proposed service.  A letter from the applicant shall be considered a letter of public support.  A letter of support:
(A)	shall contain the author's name, address, and phone number;
(B)	should explain the public need;
(C)	should specifically support the applicant's particular request for authority;
(D)	should describe whether and how existing service is inadequate; and
(E)	shall contain a statement, signed by the author, stating that the letter contains only information that is true and correct to the best of the author’s knowledge and belief.
(X)	If the applicant seeks contract carrier authority, the applicant shall attach a letter signed by each proposed customer.  Such a letter:
(A)	shall contain the proposed customer's name, address, and phone number;
(B)	should indicate the proposed customer's special or distinctive transportation needs and whether those needs can be met by existing service;
(C)	should specifically support the applicant's particular request for authority;
(D)	should describe whether and how existing service is inadequate; and
(E)	shall contain a statement, signed by the proposed customer, stating that the letter contains only information that is true and correct to the best of the proposed customer’s knowledge and belief.
(XI)	A statement of the facts upon which the applicant relies to establish that the application should be granted.  If the application seeks common carrier authority, the statement should establish how granting the application is in the public interest.  If the application seeks contract carrier authority, the statement should establish the superior, special, or distinctive nature of the transportation service, or how the transportation service will be specifically tailored to meet the customer's needs.
(XII)	A statement setting forth the qualifications of the applicant, including managerial, operational, and financial fitness, to conduct the proposed operations.
(XIII)	A statement describing the extent to which the applicant, or any person affiliated with the applicant, holds or is applying for authority duplicating or overlapping in any respect the authority at issue in the application.
(XIV)	If applicable, current copies of any authority, issued by either a state or federal agency, authorizing the applicant to provide for-hire transportation of passengers in the State of Colorado.
(XV)	If applicable, current copies of any authority, issued by either a state or federal agency, authorizing any affiliate of the applicant to provide for-hire transportation of passengers in the State of Colorado.
(XVI)	If applicable, a statement that the applicant understands the Commission will, in its discretion, cancel any duplicating or overlapping authorities created by granting the application.
(XVII)	A statement indicating the town or city where the applicant prefers any hearing to be held.
(XVIII)	A statement, signed by the applicant, that the application contains only information that is true and correct to the best of the applicant’s knowledge and belief.
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6205.	Encumbrances, Transfers, Mergers, Consolidations, and Acquisitions of Control.
(a)	For purposes of this rule:
(I)	"Encumbrancer" means a person seeking or holding an encumbrance (e.g., lien or mortgage) against the authority of a common or contract carrier.
(II)	"Transfer" means, without limitation, any sale, lease, assignment, license, change in ownership, foreclosure of an encumbrance, execution in satisfaction of any judgment or claim, merger, consolidation, or similar transaction in which control of any authority or portion thereof changes from one entity to another, whether voluntarily, by court order, or otherwise.
(III)	"Transferee" means any entity newly acquiring control of any authority from a transferor.
(IV)	"Transferor" means any entity transferring control of any authority to a transferee.
(b)	Except with regard to foreclosures of encumbrances, executions in satisfaction of a judgment or claim, or transfers pursuant to a court order, only the owners of an authority as shown in the official records of the Commission may transfer the authority.
(c)	An application to encumber any authority, transfer any authority, acquire control of any regulated intrastate carrier, or permit a merger or consolidation of a regulated intrastate carrier with any other entity, shall, if possible, take the form of a joint application submitted by all parties to the transaction.  Such an application shall contain all the following information.  If an applicant is unable to supply the required information, the applicant shall explain the reason for the lack of information.
(I)	All applicants shall provide the information required by subparagraphs 6203(a)(I), (II), and (XVII).
(II)	Transferees and encumbrancers shall provide the information required by subparagraphs 6203(a)(III) – (VI) and (XIII) – (XV).
(III)	If a transferee or encumbrancer is an executor, trustee, receiver, or other similar representative of the real party in interest:  a copy of the court order evidencing the representative’s appointment, or other evidence of authority if not under court order.
(IV)	If the transaction covers only portions of an authority:  a statement fully explaining which portions are covered by the transaction and which are not.
(V)	A complete description of the type of transaction for which the applicants seek Commission approval, together with a statement describing each applicant’s role in the transaction.
(VI)	If the transaction involves an acquisition of stock:  a statement of the transferor’s total number of outstanding capital stock shares, by class; and the number of shares of each class to be acquired by transferee.
(VII)	A copy of all agreements concerning the transaction, including a copy of all documents creating a security interest, if any, and a statement of the consideration paid in the transaction.
(VIII)	A statement explaining how the transferee proposes to meet the financial requirements of the transaction, including, if a loan is involved, the amount, maturity, interest rate, and other terms and conditions.
(IX)	A statement setting forth the nature, extent, and proposed disposition of any existing encumbrances against the affected authorities.
(X)	A current copy of each of the letters of authority encompassing the authorities at issue in the application.
(XI)	If the transaction involves the lease of an authority:  a copy of the proposed lease and a statement of the lease's effective date and termination date.
(XII)	If a transferor or encumbrancer seeks foreclosure of an encumbrance or execution in satisfaction of any judgment or claim:  the transferee's written consent to transfer, or in lieu thereof, a judicial order authorizing unilateral action by the transferor or encumbrancer.
(XIII)	Except in the case of an application involving only the creation of an encumbrance, a statement setting forth the qualifications of the transferee, including managerial, operational, and financial fitness, to conduct the proposed operations.
(XIV)	A statement that the applicants understand the Commission will, in its discretion, cancel any duplicating or overlapping authority created by the transaction.
(XV)	A statement setting forth whether the transferor has been and is conducting active, bona fide operations under the authorities at issue in the transaction.
(XVI)	A statement of the facts upon which the applicants rely to show that the application should be granted.  In this regard, the applicants should consult paragraph (e) of this rule.
(XVII)	A statement, signed by the applicant, that the application contains only information that is true and correct to the best of the applicant’s knowledge and belief.
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EXEMPT PASSENGER CARRIER RULES
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6301.	Definitions.  [Reserved].
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6304.	Exterior Signs or Graphics.
(a)	Except as otherwise provided in these rules, no person shall place, or permit to be placed, any exterior signs or graphics on a luxury limousine.
(b)	Signs or graphics located inside the luxury limousine that are readily legible from the outside shall be deemed to be exterior signs and graphics.
(c)	For purposes of this rule, and except as specifically provided in paragraph (d) of this rule, "identified" is deemed to mean:
(I)	an identification of the name, address, Internet address, phone number, or any other contact information of the person offering luxury limousine service; or
(II)	any identification of a type of passenger transportation service including, but not limited to, limousine, shuttle, or taxi.
(d)	Nothing in this rule shall prohibit the following:
(I)	markings, signs, or graphics otherwise required by law, including those required by any rule of the Commission, the Colorado Department of Public Safety, the FMCSA, or an airport authority;
(II)	markings, signs, or graphics attached by any law enforcement agency; or
(III)	signs or graphics attached by the motor vehicle manufacturer or dealership for the purpose of identifying the manufacturer, dealership, or the motor vehicle’s make or model.
6305.	Luxury Limousine Features.
(a)	Features.  Each luxury limousine carrier shall ensure that its motor vehicles, when in operation as luxury limousines or waiting to pickup a chartering party, are in good physical condition, excluding consideration of defects covered by the Commission’s safety rules.  The Commission shall use the following general guidelines in determining if a vehicle is in good physical condition:
(I)	The body of the luxury limousine has a good, unfaded paint job; is devoid of major dents and rust, broken trim, and cracked windows other than the windshield; and
(II)	Except for problems caused by current weather conditions, the interior of the luxury limousine is clean, free of offensive odors, and has no major tears, cracks, or stains upon the upholstery, headliner, and carpeting.
(b)	Age of Motor Vehicles.  Except for classic or antique luxury limousines covered under rule 6308(a)(IV), luxury limousine carriers shall not use vehicles older than ten model years as of July 1st of each year.  For purposes of this rule, the counting of model years shall begin with the present calendar year.  By way of example, between July 1, 2004, and June 30, 2005, counting backwards, 2004 is the first model year, 2003 is the second model year, and so forth.
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6307.	Regulations Incorporated by Reference.  [Reserved].
6308.	 Luxury Limousine Categories.
(a)	A luxury limousine shall fit one or more of the following categories:
(I)	Stretched limousine, which is a motor vehicle whose wheelbase has been lengthened beyond the manufacturer's original specifications whether at the manufacturer's factory or otherwise.
(II)	Executive car, which is a Lincoln Towncar, Lincoln Navigator, Cadillac DTS, Cadillac Escalade, GMC Yukon, Chevrolet Suburban, Ford Excursion, Ford Expedition, Hummer (all models, excluding sport utility truck versions), Mercedes M Class, Mercedes S Class, Lexus LS, Lexus LX, Audi Q7, Audi A8, Infiniti QX, Infiniti M, or BMW 7 Series.
(III)	Executive van, which:
(A)	is a motor vehicle built on a cutaway chassis, a motor coach, or a van (but not a mini van as classified by the manufacturer); and
(B)	has interior seating that has been enhanced from standard bench seats by the installation of captain’s chairs, couch seats, or similar seating.
(IV)	Other limousine, which is a classic, antique, or specially built motor vehicle that, at the time of registration as a luxury limousine, has a retail value of fifty thousand dollars or more.
(b)	A luxury limousine carrier operating a motor vehicle pursuant to subparagraph (a)(IV) of this rule shall, upon request by an enforcement official, produce evidence that the motor vehicle meets the requirements of subparagraph (a)(IV) of this rule.
6309.	Luxury Limousine – Prearrangement Required.
(a)	No person shall provide luxury limousine service except on a prearranged basis.  For purposes of this rule, “prearranged basis” means that the luxury limousine service has been arranged or reserved before the luxury limousine service, or ancillary service thereto, is provided.  No person shall provide luxury limousine service, or a service ancillary to luxury limousine service, if that person arranges provision of the service with the chartering party at or near the point of departure.
(b)	No person shall provide luxury limousine service without having in the luxury limousine a manifest or charter order containing the name, pickup address, and telephone number of the chartering party and the time of pickup.
6310.	Luxury Limousine Service – Presumptions.
(a)	A person shall be presumed to have provided luxury limousine service in violation of rule 6309 if, without prearrangement, such person:
(I)	accepts payment for the transportation from the chartering party at the point of departure;
(II)	makes the luxury limousine available to the chartering party at the point of departure;
(III)	negotiates the immediate availability of, or the price for immediate use of, the luxury limousine at or near the point of departure;
(IV)	loads the chartering party or its baggage into the luxury limousine; or
(V)	transports the chartering party in the luxury limousine.
(b)	A luxury limousine carrier that charges or offers to charge for transportation services on a per person basis shall be presumed to be providing or offering to provide services as a common carrier.
(c)	A luxury limousine carrier may rebut the presumptions created in this rule by competent evidence.
6311.	Luxury Limousine – Operational Requirements.
(a)	A luxury limousine carrier shall, at all times when providing service, carry in each vehicle a charter order containing the name, telephone number, pickup time, and pickup address of the chartering party who has arranged for use of the vehicle.  A luxury limousine carrier shall not station a luxury limousine at an airport, in front of or across the street from a hotel or motel, or within one hundred feet of a recognized taxicab stand without the completed charter order in the vehicle.
(b)	A luxury limousine carrier shall provide the charter order immediately upon request by any enforcement official or airport authority.
6312.	Exempt Passenger Carrier Violations, Civil Enforcement, and Civil Penalties.
(a)	A person who violates § 40-16-103, C.R.S., with regard to offering service without being registered, or rule 6302, may be assessed a civil penalty of up to $1,100.00 for each violation:
(b)	A person who violates rules 6309 or 6311 may be assessed a civil penalty of up to $500.00 for each violation. 
(c)	Except as provided in paragraphs (a) and (b) of this rule, a person who violates any provision of Article 16 of Title 40, C.R.S., or any provision of these Exempt Passenger Carrier Rules may be assessed a civil penalty of up to $275.00 for each violation.
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HOUSEHOLD GOODS MOVER AND PROPERTY CARRIER RULES
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6603.	Registration.
(a)	Any person seeking to register as a household goods mover or property carrier shall provide the following information, as applicable:
(I)	The name of the registrant and the trade name under which operations will be conducted.
(II)	A copy of the registrant’s certificate of assumed trade name or trade name registration.
(III)	The registrant's telephone number, complete physical address, and complete mailing address.  A post office box is only acceptable if a physical address is also provided.
(IV)	A statement describing the registrant's business structure (corporation, limited liability company, partnership, or sole proprietorship).
(V)	The name and address of the registrant's Colorado agent for service of process, as required by rule 6012.
(VI)	If a registrant is a corporation:
(A)	The name of the state in which the registrant is incorporated.
(B)	The location of the registrant's principal office, if any, in Colorado.
(C)	The name and title of each director and officer.
(D)	A certified copy of the registrant's certificate of good standing authorizing it to do business in Colorado, certified within 14 days prior to the filing of the registration.
(VII)	If the registrant is a limited liability company:
(A)	The state in which the company is organized.
(B)	The location of the registrant's principal office, if any, in Colorado.
(C)	The name and title of each member.
(D)	A certified copy of the registrant's certificate of good standing authorizing it to do business in Colorado, certified within 14 days prior to the filing of the registration.
(VIII)	If the registrant is a partnership:
(A)	The name and business address of all general and limited partners.
(B)	The location of the registrant's principal office, if any, in Colorado.
(IX)	If the registrant is a sole proprietorship:
(A)	The name and business address of the sole proprietor.
(B)	The location of the sole proprietor's principal office, if any, in Colorado.
(X)	A statement that the registrant is familiar with the Household Goods Mover and Property Carrier Rules and all applicable safety rules and that the registrant will comply with them.
(XI)	A statement that the registrant understands that the filing of a registration does not constitute authority to operate.
(XII)	A statement indicating whether any of the motor vehicles to be used have a GVWR of 10,000 or more pounds.
(XIII)	A verification made under penalty of perjury and signed by an authorized officer, partner, owner, employee, or manager of the registrant, as appropriate, verifying that the contents of the registration form and all attachments are true, accurate, and correct.  The registration form shall contain the complete address of the affiant.
(b)	In addition to the information required by paragraph (a):
(I)	A person registering as a household goods mover or property carrier under this rule shall cause to be filed both the required proof of financial responsibility and the required annual identification fees.
(II)	Household goods movers shall pay an annual filing fee of $300.00.
(III)	Household goods movers shall provide the following information for each director, officer, owner, or general partner of the household goods mover:
(A)	First, middle, and last names;
(B)	Gender;
(C)	Social Security Number; and
(D)	Date and place of birth.
(IV)	Property carriers shall pay a registration filing fee of $50.00; except that a person that simultaneously registers as a property carrier and as a household goods mover shall be exempt from the $50.00 registration filing fee and need only pay the $300.00 annual filing fee for a household goods mover.
(c)	The Commission will not register any person as a household goods mover or property carrier until the Commission has received all information, documentation, and payments required by paragraphs (a) and (b) of this rule.
(d)	The Commission shall treat the Social Security Number and the date and place of birth, acquired under subparagraph (b)(III) of this rule, as confidential.
(e)	Household goods mover registration.
(I)	The Commission may deny or refuse to renew the registration of a household goods mover pursuant to §§ 40-14-103(3) and 103.5(2), C.R.S.
(II)	Commission staff shall review the results of the fingerprint-based criminal history record check and, using any commercially or governmentally available information source, research relevant criminal and civil history for the household goods mover and each director, officer, owner, and general partner thereof.
(III)	Commission staff shall issue a household goods mover registration only if:
(A)	the results of the fingerprint-based criminal history record check are negative for each director, officer, owner, or general partner of the household goods mover;
(B)	the results of the research conducted by Commission staff indicates that the household goods mover has no unsatisfied final judgments arising out of any civil or criminal action in a court of law, pursuant to § 40-14-103(3)(c), C.R.S.; and
(C)	all other requirements are met.
(IV)	If Commission staff is unable to issue a household goods mover registration under subparagraph (e)(III) of this rule, then the Commission, after hearing upon reasonable notice, shall determine whether to issue a household goods mover registration.  Notwithstanding anything in this subparagraph (IV) to the contrary, the Commission may issue an order without hearing when:
(A)	the Commission has already held a hearing in prior annual registration cycles;
(B)	after such hearing the Commission issued the registration; and 
(C)	since the prior annual registration cycle, the civil and criminal history has not changed for the household goods mover and each director, officer, owner, and general partner thereof.
(f)	The Colorado Department of Revenue, Motor Carrier Services Division, through its Port of Entry weigh stations:
(I)	may issue a non-renewable temporary household goods mover registration, valid for 15 consecutive days, to a person who:
(A)	completes the temporary household goods mover registration form provided by the Commission;
(B)	provides evidence of motor vehicle liability insurance as required by § 40-14-104, C.R.S.;
(C)	signs a verification, under penalty of perjury as specified in § 24-4-104(13)(a), C.R.S., that the applicant is insured as required by § 40-14-104, C.R.S.;
(D)	pays a fee of one hundred fifty dollars; and
(E)	pays the annual identification fee required by § 40-2-110.5, C.R.S.
(II)	may issue a temporary registration for the seasonal transportation of unprocessed agricultural produce to market or to places of storage, valid for 90 consecutive days, to a person who:
(A)	provides evidence of motor vehicle liability insurance as required by § 40-16-104, C.R.S., or
(B)	signs a verification, under penalty of perjury as specified in § 24-4-104(13)(a), C.R.S., that the applicant is insured as required by § 40-16-104, C.R.S.; and
(C)	pays a fee of twenty dollars per vehicle.
(III)	may issue the temporary registrations provided for in subparagraph (II) upon notification by the Commission identifying the specific counties, crops, and time periods for which the registrations are required, as identified by the Colorado Department of Agriculture.
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