DEPARTMENT OF PUBLIC SAFETY
DEPARTMENT OF REVENUE
Colorado State Patrol – Port of Entry
Motor Carrier Services Division PORT OF ENTRY RULES FOR COMMERICAL MOTOR CARRIER SIZE, WEIGHT AND CLEARANCE RULES AND REGULATIONS
1 CCR 209-1
REGULATION SERIES 100 Reserved REGULATION SERIES 200 Reserved REGULATION SERIES 300 ReservedREGULATION SERIES 400
In accordance with the authority provided in Section 42-8-101, CRS, the purpose of these rules is to provide definition and application of commercial motor vehicle statutes regarding legal dimensions, port of entry authority and clearance requirements, duty to stop and weight, special revocable permits, and pro-rated specific ownership tax for special mobile machinery.
RULE 1 - RULES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS
Definitions
1.Tandem Axle Two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle, all of which are in contact with the ground. If only one of a set of multiple axles is in contact with the ground, the configuration is not a tandem axle until it is actually used as such.
2.Cargo The goods carried as freight by a commercial vehicle.
3.Specialized Automobile Transporter Any vehicle combination designed and used specifically for the transport of assembled highway vehicles, including truck camper units. The specialized automobile transporter will be designed to carry vehicles on the power unit behind the cab or on an over-cab rack.
4.Load Transference Device. SuchA device permanently attached device shall be permanently attached to the rear of another vehicle that is and shall be validly registered as a separate vehicle. In order to be considered a load transference device and therefore a separate vehicle, A load transference device no such vehicle shall not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles, and . Such vehicle shall not be capable of hauling carry any portion of a load upon itself but shall be designed and utilized for transference of a portion of the total gross weight of another vehicle/load onto itself.
Vehicle Weight
1. Wheel and Axle Loads
(a)§ 42-4-507(3) (a) C.R.S. applies to vehicles using a single drive-axle configuration that are not operating on an interstate highway. Vehicles equipped with a self-compactor and used solely for the transporting of trash are not afforded the relief found in § 42-4-507(3) (a) C.R.S. if they are equipped with a tandem drive-axle configuration but
not using the tandem drive-axle configuration. Vehicles equipped with but not using a tandem drive-axle
configuration will be governed by the axle weight limitations provided in § 42-4-507(2) (b).
(b)Vehicles equipped with a self-compactor and used solely for the transporting of trash that are equipped with and
using a tandem drive-axle must comply with § 42-4-507(2) (c) C.R.S.
(c)Any vehicle that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use
and emissions because of engine idling, shall have the actual weight of the auxiliary power or idle reduction
technology unit up to 550 lbs.400 lbs., exempted from the calculation of actual axle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove:
(i)By written certification, the actual weight of the APU; and
(ii)By demonstration or certification, that the idle reduction technology is fully functional at all times.
Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 550400 lbs., or the weight certified
whichever is less.
(d) Any over-the-road bus, or any vehicle which is regularly and exclusively used as an intrastate public agency transit passenger bus, is excluded from the axle weight limit found in § 42-4-507(2) (b), C.R.S.
2. Gross Vehicle Weight
(a) The legal gross weight limit for a vehicle or combination of vehicles, as stated in § 42-4-508 C.R.S., shall be determined by the actual number of axles in contact with the road surface.
(b) Where a vehicle in a combination of vehicles, does not carry at least 10 percent of the overall gross weight of the combination of vehicles as required in §42-4-508(1)(c)(IV) C.R.S., the legal gross weight limit will be determined by the single vehicle weight limits found in §§42-4-508(1)(a)(ll), 42-4-508(1 )(a)(lll), 42-4-508(1)(b), 42-4-508(1)(c)(l), 42-4-508(1) (c) (II), or 42-4-508(1) (c) (III) CRS, as determined by the number of axles utilized by the vehicle and the route traveled.
(c) Any vehicle that utilizes an auxiliary power or idle reduction technology in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the auxiliary power or idle reduction technology unit,
up to 400 lbs., exempted from the calculation of actual gross vehicle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove:
(i) By written certification, the actual weight of the APU; and
(il) By demonstration or certification, that the idle reduction technology is fully functional at all times.
Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified whichever is less.
Vehicle Width
1. Vehicle components not excluded by law or regulation shall be included in the measurement of the width of commercial motor vehicles.
2. The following shall be excluded from the measured width of commercial motor vehicles, as applicable:
(a) Rear view mirrors, turn signal lamps, handholds for cab entry/egress, splash and spray suppressant devices, load induced tire bulge. ;
3. Devices that do not carry property and do not exceed three inches from the side of the vehicle are excluded from the width of the vehicle. Unless specifically included in a separate rule, the following devices are excluded from measurement of the width of a commercial motor vehicle, as long as they do not carry property and do not exceed 3 inches from the side of the vehicle. This list is not exhaustive:
(a)Corner caps;
(b)Hazardous materials placards and holders;
(c)Lift pads for trailer on flatcar (piggyback) operation; (d) Rain gutters;
(e) Rear and side door hinges and their protective hardware; (f) Side marker lamps;
(g)Structural reinforcement for side doors or intermodal operation (limited to 1 inch from the side within the 3 inch maximum extension);
(h)Tarping systems for open top trailers:
(i)Movable devices to enclose the cargo area of flatbed semitrailers or trailers, usually called tarping systems (Conestoga type trailers), where no component part of the system extends more than 3 inches from the sides or back of the vehicle when the vehicle is in operation. This exclusion applies to all component parts of tarping systems, including the transverse structure at the front of the vehicle to which the sliding walls and roof of the tarp mechanism are attached, provided the structure is not also intended or designed to comply with requirement that a header board be strong enough to prevent cargo from penetrating or crushing the cab; the transverse structure may be up to 108 inches wide if properly centered so that neither side extends more than 3 inches beyond the structural edge of the vehicle. Also excluded from measurement are side rails running the length of the vehicle and rear doors, provided the only function of the latter, like that of the transverse structure at the front of the vehicle, is to seal the cargo area and anchor the sliding walls and roof. On the other hand, a header board is load bearing and thus limited to 102 inches in width. However, the "wings" designed to close the gap between such a header board and the movable walls and roof of a tarping system are width exclusive, provided they are add on pieces designed to bear only the load of the tarping system itself and are not integral parts of the load bearing header board structure;
0) Tie down assembly on platform trailers: (k) Stake pockets;
(I) Wall variation from true flat; and
(m) Weevil pins and sockets on low bed trailers (pins and sockets located on both sides of a trailer used to guide winch cables when loading skid mounted equipment).
4. Exlcuded devices may not be combined for additional excluded width. Each exclusion allowance is specific and may not be combined with other excluded devices.
Vehicle Length
1.Vehicle components not excluded by law or regulation shall be included in the measurement of the length of commercial motor vehicles.
2.Vehicle length is generally measured from front-most fixed point (generally front bumper) to rear-most fixed point (generally where brake lights are located.) Any truck with any permanently mounted appurtenance that projects beyond the front, rear, or both, of the vehicle to which it is mounted, the appurtenance is permanently mounted to, becomes a part of the vehicle and is included in overall vehicle length measurement. Lamps or flags on projecting loads, or devices exempted from length are not As such, the appurtenance is considered a projection or overhang. ( or a projection for the purposes of § 42-4-209 C.R.S., or § 42-4-504 C.R.S.)
3.Drawbar or tongue lengths on trailers.
REGULATION SERIES 800 PORTRULE 2 ADMINISTRATION AND OPERATIONS
Regulation 801 The Branch Commander Director of the Colorado State Patrol, Motor Carrier Services Division may delegate
(a)Where the drawbar or tongue is of rigid construction, the measurement will be taken from the rear most point of the power unit’s cargo box to the front most point of the trailer's main frame.
(b)Where the drawbar or tongue is hinged, are to be measured as follows. Tthe measurement will be taken from the rear most of the power unit’s cargo box to the front most point of the hinge.
(c)A tool or accessory box welded to or carried on the drawbar or tongue does not factor into the calculation of drawbar or tongue length because to the fact that a tool or accessory box is not considered cargo, nor does it carry not carry cargo.
4. Pole trailers of flexible design that are , primarily designed for the transportation of cargo, which have a flexible design and are operated without cargo, must have the connection between vehicles reduced to fifteen feet or less when operating without cargo, if the overall length of the vehicle combination exceeds fifty-five feet.
5. All overall length provisions regarding specialized automobile transporters are exclusive of front and rear cargo overhang. Extendable ramps or "flippers” on specialized automobile transporters are excluded from the measurement of vehicle
length, but must be retracted when not supporting vehicles. Extendable devices that are not supporting vehicles and have not been retracted will be included in the measurement of vehicle length.
6. The following shall be excluded from the measured length of commercial motor vehicles: . As applicable:
(a) Rear view mirrors, turn signal lamps, handholds for entry/egress, splash and spray suppressant devices;
7. Devices that do not carry property and do not exceed the dimensional limitation are excluded from length. Unless specifically included in a separate rule, the following devices are excluded from measurement of the length of a commercial motor vehicle, as long as they do not carry property and do not exceed the dimensional limitations stated: (a) All non property carrying devices, at the front of a semitrailer or trailer including:
(1) A device at the front of a trailer chassis to secure containers and prevent movement in transit; (2) A front coupler device on a semitrailer or trailer used in road and rail intermodal operations;
(3)Aerodynamic devices, air deflector;
(4)Air compressor;
(5)Certificate holder (manifest box);
(6)Door vent hardware; (7) Electrical connector; (8) Glad hand;
(9)Handhold;
(10)Hazardous materials placards and holders; (11) Heater;
(12)Ladder;
(13)Non load carrying tie down devices on automobile transporters;
(14)Pickup plate lip;
(15)Pump off line on tank trailer; (16) Refrigeration unit;
(17)Removable bulkhead;
(18)Removable stakes;
(19)Stabilizing jack (anti nose dive device): (20) Stake pockets;
(21)Step;
(22)Tarp basket;
(23)Tire carrier; and
(24)Upper coupler
(b) Non property carrying devices (this list is not exhaustive) at the rear of a semitrailer or trailer that: (1) Do not extend more than 3 inches beyond the rear of the vehicle, or
(2) Do not extend more than 24 inches beyond the rear of the vehicle and are needed for loading or unloading, or
(3) Resilient bumpers that do not extend more than 6 inches beyond the rear (or front) of the vehicle;
(4) Aerodynamic devices that extend a maximum of 5 feet beyond the rear of the vehicle, (5) Handhold;
(6) Hazardous materials placards and holders; (7) Ladder;
(8)Pinole hook;
(9)Removable stakes;
(10)Splash and spray suppression device; (1 1) Stake pockets; and
(12) Step.
8. Excluded devices may not be combined for additional excluded length. Each exclusion allowance is specific and may not be combined with other excluded devices.
Vehicle Height
1. The Colorado Department of Transportation designation of maximum height limits shall be as designated on the its Department's
Height Restriction Map.
REGULATION SERIES 500 Reserved REGULATION SERIES 600 ReservedREGULATION SERIES 700 Reserved
REGULATION SERIES 800 PORTRULE 2 ADMINISTRATION AND OPERATIONS
Regulation 801 The Branch Commander Director of the Colorado State Patrol, Motor Carrier Services Division may delegate
in writing, any responsibility, held by the position of the Branch Commander, to Director, any employee of the Port of Entrydivision.
Rule 4 Regulation 802 Mobile Ports of Entry
Regulation 8024.1 Mobile ports of entry weigh stations may be operated at any appropriate location on any road or highway of this state by officers of the Colorado State Patrol. Ports of Entry Section, Motor Carrier Services Division, of the Department of Revenue. Mobile port of entry weigh stations shall be posted to inform so as to inform owners and
operators of vehicles required to stop and procure a clearance subject to the provisions of Article 8, of Title 42,as required by Section 42-8-101 Et Seq., C.R.S. , of the necessity of stopping to procure a clearance certificate at said mobile weigh stations.
Regulation 8024.2 Mobile ports of entry weigh stations have the same duty and authority as do not constitute permanent ports of entry weigh stations.
Regulation 803Rule 5 Detaining Vehicles and Operators
Regulation 8035.1 (a) Ports of entry officers are duly appointed peace officers and representatives of the Colorado State Patrol. State of Colorado. They may restrain and detain persons or vehicles and impound any motor vehicle on the lawful request from any division of the Department of Revenue or any other law enforcement agency recognized by this statet for the purpose of the collection of taxes.
(b)A requesting agency must provide At the minimum, sufficient verifiable information must be given by the requesting agency that can be readily used to identify the person or vehicle to be restrained, detained or impounded and a reasonable basis by rule of law for the detention or impoundment.
(c)Information supplied for the detention or impoundment of a person or vehicle may be verbal or in writing and must include:
(1) The name of the agency requesting the detention or impoundment
(2)The name of the agency official requesting the detention or impoundment
(3)The rule of law that is being violated,
(4)The maximum time that a vehicle or operator is to be detained,
Regulation 8035..2 (a) Motor vehicles detained or impounded by Ports of Entry officers at the request of the Department of Revenue, may be released promptly upon payment of taxes and fees due or the making of a deposit sufficient to pay the same in full, after proper computations and adjustments have been made.
(b) The cargo of any impounded vehicle may be transferred to any properly licensed and qualified motor vehicle and be permitted to proceed,
Regulation 804Rule 6 Duty to Stop and Weigh
Regulation 8046.1 The route which a reasonably prudent commercial vehicle owner or operator would take from the same points of departure and destination is For the purposes of administering subsection (3) of 42 8 105, C.R.S., "the route which would normally be traveled from the point of departure to the point of destination." is deemed to be the route which a reasonably prudent professional truck driver would take from the same points of departure and destination. If the owner or operator has not secured a previous clearance, or a special revocable permit under subsection (4) of 42
8 105, C.R.S., the vehicle owner or operator must seek out the first permanent port of entry weigh station located within five road miles of the normal route above described route before proceeding to the point of destination, or prior to removing the load from the vehicle.
An owner or operator is will not be considered in in violation of this section if unless the the owner or operator has failed to seek out a permanent port of entry weigh station which that is located within five road miles of the route that
which the owner or operator would normally follow. An owner or operator is not required to seek out and obtain clearance in the event that a specific trip does not In the event an owner or operator travels a route that does not come within five road miles of a permanent port of entry. , the requirement to seek out and obtain clearance is rescinded for that trip.
Regulation 8046.2 Every owner or operator is requiredSubsection (3) of 42 8 105, C.R.S,, requires that every owner or operator of a motor vehicle must to stop at every port of entry weigh station located directly on the route of travel, notwithstanding the fact that the owner or operator has secured a previous clearance or has obtained a special revocable permit, as provided in subsection (4) of 42-8-105, C.R.S.
Rule 7 - Regulation 805 Special Revocable Permits
7.1. Special Revocable Permits authorize a carrier, owner, or operator to conduct commercial vehicle operations without