Colorado § 42-2-406 - Fees - rules.

§ 42-2-406. Fees - rules.

(1) A fee is required for the issuance of a commercial driver's license. The department shall set the fee in accordance with section 42-2-114.5. The department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). The license expires on the birthday of the applicant in the fourth year after its issuance. When issuing a commercial driver's license, the office of the county clerk and recorder shall retain eight dollars and shall forward the remainder to the department for transmission to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(2) The fee for a person eighteen years of age or older for issuance of a minor driver's license that authorizes operation of a commercial motor vehicle upon the highways is the same as for a commercial driver's license issued under subsection (1) of this section. The department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). When issuing a minor driver's license, the office of the county clerk and recorder shall retain eight dollars and shall forward the remainder to the department for transmission to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(3) (a) (I) The fee for the administration by commercial driver's license testing units of the driving test for licensing commercial drivers shall not exceed the fee set by rule.

(II) The department shall promulgate rules setting a limit on the amount that may be charged for the administration of the driving test by commercial driver's license testing units for licensing commercial drivers. The rules shall also provide for a lower fee limit for the administration of the driving test to an employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services. The department shall promulgate such rules by December 1, 2008, and every three years thereafter.

(b) A fee is required for the administration of driving tests by the department. The department shall set the fee in accordance with section 42-2-114.5; except that the fee for the administration of the driving test to an employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed forty dollars.

(c) The department may provide by rule for reduced fees for applicants who are retested after failing all or any part of the driving test.

(d) The department shall forward all fees collected for the administration of driving tests to the state treasurer, who shall credit them to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(4) An annual license fee is required for a commercial driver's license testing unit. The department shall set the fee in accordance with section 42-2-114.5. The department may provide by rule for reduced license fees for testing units operated by nonprofit organizations that provide specialized transportation services for the elderly and for persons with disabilities, by school districts, or by boards of cooperative services. The provisions of this subsection (4) do not apply to any public transportation system.

(5) An annual license fee is required for a commercial driver's license driving tester. The department shall set the fee in accordance with section 42-2-114.5. The department may provide by rule for reduced license fees for employees or volunteers of nonprofit organizations that provide specialized transportation services for the elderly and for persons with disabilities, for individuals employed by school districts, or for individuals employed by boards of cooperative services. The provisions of this subsection (5) do not apply to any public transportation system.

(6) The department shall forward all fees collected for the issuance of testing unit licenses and driving test licenses under subsections (4) and (5) of this section to the state treasurer, who shall credit the fees to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(7) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

Source: L. 94: (1) and (1.5) amended, p. 539, § 2, effective July 1; entire title amended with relocations, p. 2166, § 1, effective January 1, 1995. L. 97: (1)(b)(II) amended, p. 120, § 1, effective August 6. L. 98: (7) added, p. 1353, § 100, effective June 1. L. 2000: (2) amended, p. 1359, § 38, effective July 1, 2001. L. 2005: (3) and (6) amended, p. 142, § 8, effective April 5. L. 2007: (1) and (2) amended, p. 1573, § 6, effective July 1. L. 2008: (3) amended, p. 522, § 1, effective August 5. L. 2009: (1), (2), (3)(d), and (6) amended, (SB 09-274), ch. 210, p. 954, § 7, effective May 1. L. 2010: (1), (2), (3)(d), and (6) amended, (HB 10-1387), ch. 205, p. 888, § 6, effective May 5. L. 2012: (1), (2), (3)(d), and (6) amended, (HB 12-1216), ch. 80, p. 265, § 5, effective July 1. L. 2014: (1), (2), (3)(b), (3)(d), and (4) to (6) amended, (SB 14-194), ch. 346, p. 1549, § 16, effective June 5. L. 2022: (1), (2), (3)(d), and (6) amended, (HB 22-1339), ch. 135, p. 913, § 14, effective July 1.

Editor's note: (1) This section is similar to former § 42-2-506 as it existed prior to 1994, and the former § 42-2-406 was relocated to § 42-2-306.

(2) Amendments to subsections (1) and (1.5) by House Bill 94-1028 were harmonized with Senate Bill 94-001.