Colorado § 40-7-112 - Applicability of civil penalties.

§ 40-7-112. Applicability of civil penalties.

(1) (a) A person who operates or offers to operate as a motor carrier as defined in section 40-10.1-101; a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register under section 40-10.5-102; or a transportation network company required to obtain a permit under section 40-10.1-606 is subject to civil penalties as provided in this section and sections 40-7-113 to 40-7-116, in addition to any other sanctions that may be imposed pursuant to law.

(b) The commission shall transmit all penalties it collects to the state treasurer, who shall credit them to the legal services offset fund created in section 40-7-118; except that the state treasurer shall credit one-half of any civil penalty imposed upon a motor carrier of household goods to the moving outreach fund created in section 40-10.1-509.

(2) Subsections (3) to (5) of this section and the civil penalties provided in section 40-7-113 do not apply to persons transporting nuclear materials who commit violations of section 42-20-406 (3), 42-20-407, or 42-20-505, C.R.S., or to persons transporting hazardous materials who commit violations of section 42-20-204, C.R.S.

(3) An owner or other person allowing a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113 if he or she knows or has reason to know that the driver is engaged in a violation.

(4) An owner or other person who directs a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113.

(5) Any civil penalty assessed against an owner or other person pursuant to subsection (3) or (4) of this section is in addition to, and not in lieu of, any civil penalty against the actual driver of the vehicle, and any such penalty may be assessed upon the initial violation by the person.

Source: L. 89: Entire section added, p. 1540, § 1, effective April 12. L. 93: (2) amended, p. 1623, § 3, effective June 6. L. 94: (2) amended, p. 2570, § 94, effective January 1, 1995. L. 95: (1) amended, p. 1209, § 23, effective May 31. L. 98: (1) amended, p. 1058, § 5, effective July 1. L. 2003: (1) amended, p. 2380, § 3, effective August 6. L. 2005: (1) amended, p. 782, § 74, effective June 1. L. 2006: (1) amended, p. 1095, § 7, effective August 7. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1982, § 120, effective August 5. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 420, § 17, effective August 10. L. 2013: (1) amended, (SB 13-189), ch. 365, p. 2126, § 1, effective June 5. L. 2014: (1)(a) amended, (SB 14-125), ch. 323, p. 1408, § 2, effective June 5. L. 2017: (1)(b) amended, (SB 17-180), ch. 281, p. 1531, § 1, effective August 9.