Colorado § 40-10.1-105 - Transportation not subject to regulation.

§ 40-10.1-105. Transportation not subject to regulation.

(1) The following types of transportation are not subject to regulation pursuant to this article 10.1:

(a) A ridesharing arrangement, as defined in section 39-22-509 (1)(a)(II), C.R.S.;

(b) The transportation of children to and from school, school-related activities, and school-sanctioned activities to the extent that the transportation is provided by vehicles owned or directly leased by a school or school district or the school or school district's transportation contractors; except that this subsection (1)(b) does not apply to transportation network company services provided under a contract between a transportation network company and a school or school district;

(c) A private individual who transports a neighbor or friend on a trip;

(d) Transportation by hearses, ambulances, secure transportation, as defined in section 25-3.5-103 (11.4), or other emergency vehicles;

(e) Transportation by motor vehicles designed and used for the nonemergency transportation of individuals with disabilities as defined in section 42-7-510 (2)(b), C.R.S.;

(f) An amusement ride consisting of a towed vehicle that is incapable of operating under its own power, the principal purpose of which is to carry individuals over short distances for their enjoyment and by which the provision of a transportation service is only incidental;

(g) People service transportation and volunteer transportation pursuant to article 1.1 of this title;

(h) Transportation by vehicles operated upon fixed rails;

(i) Transportation of property, except transportation provided by a towing carrier or a mover;

(j) Transportation performed by the federal government, a state, or any agency or political subdivision of either, whether through an intergovernmental agreement, contractual arrangement, or otherwise; except that this subsection (1)(j) does not apply to transportation network company services provided under a contract between a transportation network company and the federal government, a state, or any agency or political subdivision of either.

(k) Transportation of repossessed property by a secured creditor or assignee, or by a repossessor on behalf of a secured creditor or assignee, when repossessing pursuant to section 4-9-629; and

(l) Transportation by motor vehicles when those motor vehicles are being used for nonmedical transportation and nonemergency medical transportation provided through medicaid pursuant to section 25.5-1-802.

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 398, § 1, effective August 10. L. 2021: IP(1) and (1)(d) amended, (HB 21-1085), ch. 355, p. 2313, § 7, effective June 27; IP(1), (1)(j), and (1)(k) amended and (1)(l) added, (HB 21-1206), ch. 381, p. 2552, § 2, effective June 29. L. 2022: (1)(b) and (1)(j) amended, (SB 22-144), ch. 267, p. 1939, § 2, effective May 27.

Editor's note: Amendments to subsection IP(1) by HB 21-1085 and HB 21-1206 were harmonized.

ANNOTATION

Law reviews. For comment, "When Apps Pollute: Regulating Transportation Network Companies to Maximize Environmental Benefits", see 86 U. Colo. L. Rev. 1049 (2015).

Common carrier does not include an ambulance. Subsection (1)(d) specifically excludes transportation by ambulance from regulation as a common carrier; therefore, ambulances are excluded from the definition of common carrier. Bedee v. Am. Med. Response, 2015 COA 128, 361 P.3d 1083.

To be exempt from the provisions of this article, motor vehicles must be designed to transport individuals confined to wheelchairs, and actually must be used solely to transport such individuals. Black Hawk-Central City Ace Express, Inc. v. Entrup, 983 P.2d 9 (Colo. App. 1998) (decided prior to 2011 reorganization of motor carrier statutes).

An ambulance traveling at normal speeds in a nonemergency situation with a passenger wearing a seat belt does not constitute the type of activity that has an increased risk of injury to others beyond the ordinary negligence standard of care. Bedee v. Am. Med. Response, 2015 COA 128, 361 P.3d 1083.