RULES FOR THE LENGTH OF RESTRAINT AND ISSUANCE OF PROBATIONARY DRIVER’S LICENSES
1. DEFINITIONS
1.1 “Base Period” – One half the maximum term of a Restraint allowed by law.
1.2 “Certified Amended Transcript” – A document, certified by a court, correcting a prior filing by that court.
1.3 “Commercial Driver’s License” – A license issued to an individual in accordance with the “Commercial Motor Vehicle Safety Act of 1986”, 49 App. U.S.C. 2701 et seq., and any rules or regulations promulgated there under that authorize such individual to drive a commercial motor vehicle.
1.4 “Department” – The Colorado Department of Revenue.
1.5 “Driver’s License Restraint” or “Restraint” – Any denial, revocation, or suspension of a person’s license or privilege to drive a motor vehicle in this or any other state.
1.6 “Driver History” – The Department’s computer generated report on a driver, including but not limited to: the driver’s name, address, and license status; documents issued to the driver; and abstracts of citations, Restraints, outstanding judgments and unpaid citations.
1.7 “Driver Record” – Any and all records pertaining to the Respondent held by the Department pursuant to § 42-2-121, C.R.S. as amended from time to time.
1.8 “Evidence of Insurance” – Proof given by the Respondent to the Department that the Respondent has a complying insurance policy in full force and effect. Proof may be made through presentation of either a copy of such complying policy or a card issued to the Respondent reflecting such policy.
1.9 ”Hearing Officer” – An authorized representative of the Executive Director of the Department, designated under the authority of Title 42 of the Colorado Revised Statutes.
1.10 ”Hearing Record” – The audio recording and/or the written record of the hearing made by the Hearing Officer, together with the evidence presented at hearing.
1.11 “PDL Authorization” – A document issued by the Department that authorizes and sets forth the specific terms and conditions of the Probationary Driver’s License. The PDL Authorization may serve as a license document for the first ten days after issuance, but thereafter must be carried with the Probationary Driver’s License for the term of the suspension under which the Probationary Driver’s License is authorized.
1.12 “Probationary Driver’s License” or “PDL” – A document issued by the Department evidencing a driving privilege that is restricted to driving only at certain times and locations and for certain purposes established either by statute, by rule, or upon terms and conditions set forth by a Hearing Officer at hearing. PDLs may be issued for a period no longer than the term of the suspension under which the license is authorized.
1.13 “Respondent” – The person whose driving privilege is the subject of the hearing.
2. LENGTH OF RESTRAINT AND PDL CONSIDERATION
2.1 The Hearing Officer shall consider public safety as well as modification of the Respondent’s future driving behavior in determining both the length of Restraint and whether or not a PDL is appropriate.
2.2 Length of Restraint
2.2.1 In any hearing for an action where the Hearing Officer has discretion to determine the length of the Restraint, other than for actions pursuant to § 42-2-132.5, C.R.S., the aggravating and mitigating factors set forth in these Rules shall be the primary basis used for determining the length of the Restraint. Unless public safety or future driving modification dictate otherwise:
2.2.1.1 Where the Hearing Officer finds that the aggravating and mitigating factors weigh evenly, the term of the Restraint shall be the Base Period;
2.2.1.2 Where the Hearing Officer finds that the aggravating factors outweigh the mitigating factors, the term shall be longer than the Base Period;
2.2.1.3 Where the Hearing Officer finds that the mitigating factors outweigh the aggravating factors, the term shall be shorter than the Base Period.
2.3 Aggravating Factors:
2.3.1 The Hearing Officer shall consider the following as aggravating factors. The Hearing Officer shall have sole discretion in determining the weight to be given any aggravating factor:
2.3.1.1 Any collision involving death or bodily injury to another where the Respondent is determined to be at fault on the basis of a conviction, accident report or other evidence presented at hearing;
2.3.1.2 Any conviction for a violation that carries a point assessment of six or more points prior to any point reductions authorized for prompt payment;
2.3.1.3 Any conviction defined in the Federal Motor Carrier Safety Regulations or subsequently promulgated pertinent federal regulations as a major offense, serious traffic violation or railroad crossing offense;
2.3.1.4 Any conviction for a violation of an out of service order that poses a serious safety risk to the public;
2.3.1.5 Any conviction for an offense specifically designated by the habitual offender law, § 42-2-202, C.R.S., as a contributing offense;
2.3.1.6 Carelessness as evidenced by the Driver Record and/or information gathered at hearing;
2.3.1.7 Recklessness as evidenced by the Driver Record and/or information gathered at hearing;
2.3.1.8 Repeated or willful disregard for the law or public safety as evidenced by the Driver Record and/or information gathered at hearing;
2.3.1.9 Conviction for any violation involving alcohol or drugs;
2.3.1.10 Any prior driver’s license Restraint;
2.3.1.11 Any prior issuance of a Probationary Driver’s License;
2.3.1.12 Repeated commission of the same types of offenses;
2.3.1.13 Respondent’s reluctance to be truthful or candid at the hearing;
2.3.1.14 The accumulation of three or more points beyond what is required to trigger a point suspension;
2.3.1.15 Any evidence of a violation of the terms and/or conditions of any previously issued PDL;
2.3.1.16 One or more traffic collisions where the Respondent was found to be at fault;
2.3.1.17 Any evidence of failing to be an insured driver at any time Respondent was operating a motor vehicle;
2.3.1.18 Any evidence of failing to be in compliance with court ordered probation requirements;
2.3.1.19 Any evidence that the Respondent has an alcohol or substance abuse problem that is not under control or likely to remain under control.
2.4 Mitigating Factors
2.4.1 The Hearing Officer shall consider the following as mitigating factors. The Hearing Officer shall have sole discretion in determining the weight to be given any mitigating factor:
2.4.1.1 Respondent’s demonstrated efforts to correct behavior that led to the Restraint under consideration;
2.4.1.2 Any errors by the Department that have adversely affected the Respondent’s driving privileges;
2.4.1.3 Time without driving already served under any currently active Restraint if that Restraint was caused by the same event(s) that caused the current Restraint;
2.4.1.4 Lack of violations committed subsequent to the time frame under consideration, e.g. if a citation is reported months or years after the violation;
2.4.1.5 In cases where there is evidence that Respondent has an alcohol or substance abuse problem, evidence demonstrating such problem is under control;
2.4.1.6 Any factors which the Respondent presents that mitigate the severity of the record.
2.5 PDL Issuance:
2.5.1 The Hearing Officer shall review the Respondent’s Driver Record for the purposes of ensuring that the Respondent is eligible for a PDL. The Hearing Officer shall deny a PDL in the following circumstances:
2.5.1.1 The Respondent has another active or pending Restraint for which he/she is not fully eligible for reinstatement, and which Restraint does not permit the issuance of a PDL;
EXCEPTION: If proficiency testing is required for reinstatement under the active or pending Restraint, the Hearing Officer may authorize such testing on the PDL.
2.5.1.2 The Respondent has never held a valid Driver’s License from Colorado or any other state;
2.5.1.3 The Respondent has an outstanding violation, where a conviction would result in a Restraint for which no PDL is available;
2.5.1.4 The Respondent has previously had a PDL, unless the Hearing Officer makes specific findings that the mitigating factors outweigh this serious aggravating factor.
2.5.2 In any hearing where the Hearing Officer has discretion to issue or deny a request for a PDL, the aggravating and mitigating factors set forth in these Rules shall be used to determine whether or not a request for a PDL will be approved.
2.5.3 If the Hearing Officer authorizes the PDL, the Hearing Officer must then determine, based on the aggravating and mitigating factors, other information appearing on the Driver Record, and information gathered at the hearing, the terms, conditions and restrictions under which the PDL will issue.
2.5.4 Any PDL issued must include all restrictions and conditions required by applicable statute.
2.5.5 A PDL may not include operation of any commercial motor vehicle as defined by law, or driving on the job for any Respondent under the age of seventeen.
2.6 Preconditions for Probationary Driver’s License
2.6.1 The Hearing Officer may establish any reasonable requirement as a pre-condition to authorizing a PDL, including, but not limited to:
2.6.1.1 A letter from Respondent’s employer confirming employment and/or permission to drive on the job with a PDL;
2.6.1.2 Evidence of enrollment in and compliance with court-ordered or reinstatement-required Alcohol Education and/or Therapy;
2.6.1.3 Completion of a non-internet driving course;
2.6.1.4 Production of documentation necessary to dispose of another pending or active Restraint;
2.6.1.5 Disposition of pending court matters to allow reanalysis of record for aggravation and mitigation;
2.6.1.6 Compliance with monitored sobriety, including but not limited to ignition interlock devices, disulfuram, participation in alcohol education or therapy, monitored alcohol detection devices;
2.6.1.7 A compliance report from Respondent’s probation officer;
2.6.1.8 SR22 endorsement to insurance coverage.
2.7 Cancellation of Probationary Driver’s License
2.7.1 A Hearing Officer may summarily cancel a PDL upon receipt of any of the following, including ex parte communications:
2.7.1.1 Citation, incident report, or other reliable communication from a law enforcement officer indicating that Respondent has been cited for a moving violation while on the PDL;
2.7.1.2 Incident report or other reliable communication from a law enforcement officer or identified witness that Respondent has driven outside the restrictions prescribed on the PDL Authorization or failed to carry the PDL Authorization while driving;
2.7.1.3 Reliable evidence that Respondent has failed to maintain conforming insurance during the term of the PDL;
2.7.1.4 Reliable evidence that Respondent was at fault in a collision during the term of the PDL;
2.7.1.5 Reliable evidence that Respondent has been in actual physical control of a vehicle after consuming alcohol or drugs, during the term of the PDL.
2.7.2 The Hearing Officer canceling a PDL shall enter specific findings of fact regarding the basis for the cancellation on the Hearing Record as an update to the initial hearing on the merits, and shall send notice of the cancellation to the Respondent.
2.7.3 The Respondent may request a hearing on the issue of PDL cancellation. The Respondent must surrender any license or permit at the time of the request, unless the PDL has been previously surrendered to the Department or to a law enforcement officer.
2.7.4 The hearing shall be held as expeditiously as possible with consideration given to the docketing requirements for the hearing location, the schedule of the Respondent and any representative of the Respondent, and the availability of the Hearing Officer.
2.7.5 The Hearing Officer who entered the summary cancellation shall hold the hearing.
2.7.6 At the hearing, the Respondent shall have the right to view the evidence supporting the summary cancellation, and to present evidence to dispute the cancellation. All testimony presented by the Respondent on this issue shall be under oath.
2.7.7 After consideration of the evidence, the Hearing Officer shall make a final decision regarding the cancellation of the PDL. The Hearing Officer may sustain the cancellation, re-issue the PDL, or modify the terms and conditions of the PDL.