First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0222.01 Christy Chase        HOUSE BILL 05-1010
                    HOUSE SPONSORSHIP
 Carroll T.,
 
                   SENATE SPONSORSHIP
 Lamborn,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning permits issued by the public utilities commission
            for the operation of motor vehicle contract carriers
            on the public highways of the state.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires the public utilities commission (PUC) to issue a permit
       for the operation of a motor vehicle contract carrier to an applicant if the
       PUC finds that:
                The applicant is willing and able to properly perform the
                 service and to conform to requirements in law and PUC
                 rules; and
                The proposed operation will promote the public interest.
            When making determinations on new permit applications, requires
       the PUC to consider certain factors, such as the applicant's reliability,
       financial condition, and safety record, and age and condition of the
       vehicles.  Precludes issuance of an extension or enlargement of an
       existing permit if the PUC determines that the contract carrier's safety
       record is unsatisfactory.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  40-11-103 (2), Colorado Revised Statutes, is
       amended to read:
            40-11-103.  Obtain permit from commission.  (2) (a) (I)  No
       permit nor any extension or enlargement of an existing permit shall be
       granted by the commission if in its judgment the proposed operation of
       any such contract carrier will impair the efficient public service of any
       authorized motor vehicle common carrier then adequately serving the
       same territory over the same general highway route.  The commission
       shall issue a permit for the operation of a contract carrier by
       motor vehicle to a qualified applicant if the commission finds
       that:
            (A)  The applicant is willing and able to properly perform
       the service of a contract carrier by motor vehicle;
            (B)  The applicant is willing and able to conform to the
       requirements of this article and commission rules; and
            (C)  To the extent authorized by the permit, the proposed
       operation will promote the public interest.
            (II)  When determining whether an applicant satisfies the
       requirements of subparagraph (I) of this paragraph (a), the
       commission shall take into consideration the following:
            (A)  The reliability and financial condition of the
       applicant and the applicant's sense of responsibility toward the
       public;
            (B)  The applicant's prior experience as a contract carrier,
       including prior safety record and compliance with commission
       rules;
            (C)  The age and condition of the vehicles proposed to be
       licensed by the applicant; and
            (D)  The likelihood that the proposed service will be
       permanent and continuous throughout twelve months of the
       year.
            (b)  The commission shall not grant a permit to an
       applicant that the commission finds does not satisfy the
       requirements of paragraph (a) of this subsection (2).  The
       commission shall not grant an extension or enlargement of an
       existing permit if the commission determines that the contract
       carrier's safety record is unsatisfactory.
            (c)  The commission shall give written notice of any application
       for the same a motor vehicle contract carrier permit or the
       extension or enlargement of an existing permit to all persons
       interested in or affected by the issuance of, such extension of, or
       enlargement of the permit or any extension or enlargement thereof,
       pursuant to section 40-6-108 (2).
            SECTION 2.  Applicability.  This act shall apply to motor vehicle
       contract carrier permit applications and applications for extensions or
       enlargements of existing contract carrier permits filed on or after the
       effective date of this act.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.