Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

SENATE BILL 97­058

BY SENATORS Powers, Bishop, and Perlmutter;

also REPRESENTATIVES Swenson, Arrington, Entz, Pankey, and Schwarz.


CONCERNING THE IMPOSITION OF A MAXIMUM NUMBER OF HOURS OF SERVICE FOR READY­MIX CONCRETE TRUCK OPERATORS.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 4 of title 42, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 20

HOURS OF SERVICE

42­4­2001.  Maximum hours of service ­ ready­mix concrete truck operators. (1)  ANY PERSON WHO OPERATES A COMMERCIAL MOTOR VEHICLE SOLELY IN INTRASTATE COMMERCE FOR THE PURPOSE OF TRANSPORTING WET, READY­MIX CONCRETE NEED NOT COMPLY WITH 49 C.F.R. SEC. 395.3 (b). NO SUCH PERSON SHALL DRIVE FOR ANY PERIOD AFTER:

(a)  HAVING BEEN ON DUTY SEVENTY HOURS IN ANY SEVEN CONSECUTIVE DAYS IF THE EMPLOYING MOTOR CARRIER DOES NOT OPERATE EVERY DAY IN THE WEEK; OR

(b)  HAVING BEEN ON DUTY EIGHTY HOURS IN ANY PERIOD OF EIGHT CONSECUTIVE DAYS IF THE EMPLOYING MOTOR CARRIER OPERATES MOTOR VEHICLES EVERY DAY OF THE WEEK.

(2)  WITHIN A SEVEN DAY WORK WEEK ALL HOURS OF SERVICE AFTER SIXTY HOURS ARE VOLUNTARY STARTING THE NEXT SCHEDULED WORK DAY.

(3)  TWENTY­FOUR CONSECUTIVE HOURS OFF DUTY SHALL CONSTITUTE THE END OF ANY SEVEN OR EIGHT CONSECUTIVE­DAY PERIOD.

(4)   ANY COMMERCIAL MOTOR VEHICLE THAT TRANSPORTS HAZARDOUS MATERIALS SHALL BE EXEMPT FROM THIS SECTION AND SHALL BE SUBJECT TO THE FEDERAL HOURS­OF­SERVICE LIMITATIONS IN PARTS 395 AND 350, C.F.R.

SECTION 2.  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.



____________________________ ____________________________

Tom Norton Charles E. Berry

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES





____________________________ ____________________________

Joan M. Albi Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES



APPROVED________________________________________




_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO