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SENATE BILL 98200
BY SENATOR Schroeder;
also REPRESENTATIVES Grampsas and Salaz.
CONCERNING STRENGTHENING THE OPERATIONAL LIMITATIONS
APPLIED TO PERSONS OFFERING LUXURY LIMOUSINE TRANSPORTATION SERVICES
Be it enacted by the General Assembly of the State
SECTION 1. 4016101
(1), (3), (4), and (5), Colorado Revised Statutes, are amended,
and the said 4016101 is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBSECTIONS, to read:
As used in this article, unless the context otherwise requires:
or scenic bus" means a motor vehicle for the transport of
people with a minimum capacity of thirtytwo passengers which
is hired to provide services for a person or group of persons
travelling from one location to another for a common purpose.
A charter or scenic bus does not provide regular route service
from one location to another. "CHARTER
BASIS" MEANS ON THE BASIS OF A CONTRACT FOR TRANSPORTATION
WHEREBY A PERSON AGREES TO PROVIDE EXCLUSIVE USE OF A MOTOR VEHICLE
TO A SINGLE CHARTERING PARTY FOR A SPECIFIC PERIOD OF TIME DURING
WHICH THE CHARTERING PARTY SHALL HAVE THE EXCLUSIVE RIGHT TO DIRECT
THE OPERATION OF THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, SELECTION
OF THE ORIGIN, DESTINATION, ROUTE, AND INTERMEDIATE STOPS.
(1.2) "CHARTERING PARTY" MEANS
A PERSON OR GROUP OF PERSONS WHO SHARE A PERSONAL OR PROFESSIONAL
RELATIONSHIP WHEREBY ALL SUCH PERSONS ARE MEMBERS OF THE SAME
AFFILIATED GROUP, INCLUDING, WITHOUT LIMITATION, A FAMILY, BUSINESS,
RELIGIOUS GROUP, SOCIAL ORGANIZATION, OR PROFESSIONAL ORGANIZATION.
"CHARTERING PARTY" DOES NOT INCLUDE GROUPS OF UNRELATED
PERSONS BROUGHT TOGETHER BY A CARRIER, TRANSPORTATION BROKER,
OR OTHER THIRD PARTY.
(1.3) "CHARTER OR SCENIC BUS"
MEANS A MOTOR VEHICLE FOR THE TRANSPORT OF PEOPLE, ON A CHARTER
BASIS, WITH A MINIMUM CAPACITY OF THIRTYTWO PASSENGERS THAT
IS HIRED TO PROVIDE SERVICES FOR A PERSON OR GROUP OF PERSONS
TRAVELING FROM ONE LOCATION TO ANOTHER FOR A COMMON PURPOSE.
A CHARTER OR SCENIC BUS DOES NOT PROVIDE REGULAR ROUTE SERVICE
FROM ONE LOCATION TO ANOTHER.
(1.7) "COMMERCIAL LOCATION"
MEANS A PLACE WHERE GOODS OR SERVICES ARE BOUGHT, SOLD, OR EXCHANGED.
(3) (a) "Luxury limousine"
means a CHAUFFEURDRIVEN, luxury
passenger automobile MOTOR VEHICLE
WITH A REAR SEATING CAPACITY OF THREE OR MORE, for hire on a PREARRANGED,
charter basis to transport passengers which
IN LUXURY LIMOUSINE SERVICE, THAT:
(I) IS NOT IDENTIFIED BY EXTERIOR SIGNS
OR GRAPHICS OTHER THAN LICENSE PLATES;
(II) IS NOT EQUIPPED WITH A TAXICAB METER
OR OTHER DEVICE FOR MEASURING TIME OR MILEAGE OTHER THAN A FACTORYINSTALLED
(III) Offers luxury features
THAT shall include, but need not be limited to, television, telephone,
and beverages If the commission questions
whether a specific vehicle is a luxury limousine, it may determine
if such vehicle is a luxury limousine when application is made
for vehicle identification as required by section 402110.5.
"Luxury limousine" does not include a taxicab.
AS SPECIFIED BY RULES OF THE COMMISSION; AND
(IV) IN ADDITION, QUALIFIES FOR INCLUSION
IN ONE OF THE FOLLOWING CATEGORIES:
(A) STRETCHED LIMOUSINE, WHICH IS A MOTOR
VEHICLE, ORIGINALLY DESIGNED AS A LUXURY MOTORDRIVEN PASSENGER
VEHICLE, WHOSE WHEELBASE HAS BEEN LENGTHENED BEYOND THE MANUFACTURER'S
ORIGINAL SPECIFICATIONS, WHETHER AT THE MANUFACTURER'S FACTORY
OR OTHERWISE, AND THAT MEETS APPLICABLE STANDARDS OF THE FEDERAL
DEPARTMENT OF TRANSPORTATION.
(B) EXECUTIVE SEDAN, WHICH IS A FULLSIZE,
FOURDOOR, LUXURY SEDAN OR SPORTS UTILITY VEHICLE WITH A
SEATING CAPACITY OF AT LEAST FIVE, NOT INCLUDING THE DRIVER, THAT
HAS NOT BEEN ALTERED FROM THE MANUFACTURER'S ORIGINAL SPECIFICATIONS.
(C) EXECUTIVE VAN, WHICH IS A VAN WITH
A REAR SEATING CAPACITY OF SEVEN OR MORE THAT MAY BE OF STANDARD
MANUFACTURER'S SPECIFICATIONS, BUT MAY HAVE BEEN ALTERED FROM
THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, AND THAT MEETS APPLICABLE
STANDARDS OF THE FEDERAL DEPARTMENT OF TRANSPORTATION.
(D) LUXURY VEHICLE, WHICH IS A LUXURY
MOTOR VEHICLE WITH A SEATING CAPACITY OF NO MORE THAN FIVE, NOT
INCLUDING THE DRIVER, THAT EITHER HAS A NATIONAL AUTOMOBILE DEALERS'
ASSOCIATION (NADA) "BLUE BOOK" RETAIL VALUE EXCEEDING
FIFTY THOUSAND DOLLARS AT THE TIME OF REGISTRATION OR HAS A MANUFACTURER'S
SUGGESTED RETAIL PRICE EXCEEDING FIFTY THOUSAND DOLLARS AND WAS
PURCHASED NEW DURING THE CURRENT MODEL YEAR BY A LUXURY LIMOUSINE
(E) DISCRETIONARY VEHICLE, WHICH IS ANY
OTHER LUXURY MOTOR VEHICLE THAT, IN THE COMMISSION'S DISCRETION,
QUALIFIES AS A LUXURY LIMOUSINE.
(b) AN APPLICANT FOR A LUXURY VEHICLE
REGISTRATION PURSUANT TO SUBSUBPARAGRAPH (D) OF SUBPARAGRAPH
(IV) OF PARAGRAPH (a) OF THIS SUBSECTION (3) SHALL SUPPLY PROOF
OF THE VALUE OF THE VEHICLE IN THE FORM OF EITHER:
(I) REFERENCE TO THE MOST RECENT AVAILABLE
EDITION OF THE NADA "BLUE BOOK", WHERE APPLICABLE; OR
(II) A SALES RECEIPT AND AFFIDAVIT CONFIRMING
THE ACTUAL PRICE OF THE VEHICLE, WHERE APPLICABLE. THE FIFTYTHOUSANDDOLLAR
THRESHOLD VALUE SET FORTH IN SAID SUBSUBPARAGRAPH (D) SHALL
BE ADJUSTED ANNUALLY, ON JULY 1 OF EACH YEAR, BASED UPON THE CONSUMER
PRICE INDEX FOR THE DENVERBOULDERGREELEY AREA AS PUBLISHED
BY THE FEDERAL BUREAU OF LABOR STATISTICS.
(c) "LUXURY LIMOUSINE" DOES
NOT INCLUDE A TAXICAB.
(d) IF THE COMMISSION QUESTIONS WHETHER
A SPECIFIC VEHICLE IS A LUXURY LIMOUSINE, IT MAY DETERMINE IF
SUCH VEHICLE IS A LUXURY LIMOUSINE WHEN APPLICATION IS MADE FOR
VEHICLE IDENTIFICATION AS REQUIRED BY SECTION 402110.5.
(3.3) "LUXURY LIMOUSINE SERVICE"
MEANS A SPECIALIZED, LUXURIOUS TRANSPORTATION SERVICE PROVIDED
ON A PREARRANGED, CHARTER BASIS. "LUXURY LIMOUSINE SERVICE"
DOES NOT INCLUDE TAXICAB SERVICE OR ANY SERVICE PROVIDED BETWEEN
FIXED POINTS OVER REGULAR ROUTES AT REGULAR INTERVALS.
(4) "Motor vehicle carrier exempt
from regulation as a public utility" means persons who offer
services as property carriers by motor vehicle or WHO offer
using charter or scenic buses, luxury
limousines, offroad scenic charters, and children's activity
(5) "Offroad scenic charter"
means a motordriven passenger vehicle for the transport
of passengers, ON A CHARTER BASIS, to scenic points within Colorado,
a portion of which will be travel off paved roads. "Offroad
scenic charter" does not include the transport of passengers
to commercial locations. An offroad scenic charter provides
THAT originate and terminate at the same location.
(6.3) "PREARRANGED", IN REFERENCE
TO A TRANSPORTATION SERVICE, MEANS THAT THE TRANSPORTATION HAS
BEEN ARRANGED OR RESERVED BY MAIL, TELEPHONE, TELEFACSIMILE, OR
COMPUTER BEFORE THE CARRIER BEGINS TO RENDER THE TRANSPORTATION
SERVICE OR ANY SERVICE ANCILLARY TO THE TRANSPORTATION, SUCH AS
LOADING OF BAGGAGE.
SECTION 2. Article
16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION
OF THE FOLLOWING NEW SECTIONS to read:
4016102.5. Luxury limousines
operational requirements. LUXURY
LIMOUSINE SERVICE SHALL BE PROVIDED ON A PREARRANGED BASIS ONLY.
A LUXURY LIMOUSINE COMPANY SHALL, AT ALL TIMES WHEN PROVIDING
SERVICE, CARRY IN EACH VEHICLE A MANIFEST OR CHARTER ORDER CONTAINING
THE NAME AND PICKUP ADDRESS OF THE PASSENGERS WHO HAVE ARRANGED
FOR USE OF THE VEHICLE. SUCH MANIFEST OR CHARTER ORDER SHALL
BE MADE AVAILABLE IMMEDIATELY UPON REQUEST TO ANY AUTHORIZED REPRESENTATIVE
OF THE COMMISSION, A LAW ENFORCEMENT AGENCY, OR AN AIRPORT AUTHORITY.
THE FACT THAT A LUXURY LIMOUSINE OPERATOR STATIONS EQUIPMENT
AT AN AIRPORT, IN FRONT OF OR ACROSS THE STREET FROM A HOTEL OR
MOTEL, OR WITHIN ONE HUNDRED FEET OF A RECOGNIZED TAXICAB STAND
WITHOUT A COMPLETED CHARTER ORDER IN THE VEHICLE SHALL CONSTITUTE
PRIMA FACIE EVIDENCE THAT THE OPERATOR IS OPERATING AN ILLEGAL
4016103.5. Luxury limousines
previously registered vehicles.
ALL VEHICLES REGISTERED AS LUXURY LIMOUSINES ON OR BEFORE JUNE
30, 1998, SHALL MAINTAIN THEIR REGISTRATION STATUS SO LONG AS
THE LUXURY LIMOUSINE PERMIT UNDER WHICH THEY WERE ORIGINALLY REGISTERED
REMAINS CONTINUOUSLY ACTIVE AND IS NOT REVOKED.
(1) IN ADDITION TO TAKING ANY OTHER ACTION AUTHORIZED
BY LAW, THE COMMISSION MAY REVOKE THE LUXURY LIMOUSINE REGISTRATION
OF ANY PERSON WHO FAILS OR REFUSES TO OPERATE A LUXURY LIMOUSINE
SERVICE IN ACCORDANCE WITH THIS ARTICLE AND ALL APPLICABLE RULES
OF THE COMMISSION ADOPTED IN FURTHERANCE OF THIS ARTICLE.
(2) A PERSON WHOSE LUXURY LIMOUSINE REGISTRATION
HAS BEEN REVOKED FOR CAUSE MORE THAN TWICE SHALL NOT BE ELIGIBLE
FOR REREGISTRATION FOR AT LEAST TWO YEARS AFTER THE DATE OF THE
THIRD SUCH REVOCATION. IN THE CASE OF AN ENTITY OTHER THAN AN
INDIVIDUAL, SUCH TWOYEAR PERIOD OF INELIGIBILITY SHALL ALSO
APPLY TO ALL PRINCIPALS, OFFICERS, AND DIRECTORS OF THE ENTITY,
WHETHER OR NOT ANY SUCH PRINCIPAL, OFFICER, OR DIRECTOR APPLIES
INDIVIDUALLY OR AS A PRINCIPAL, OFFICER, OR DIRECTOR OF THE SAME
OR A DIFFERENT ENTITY. AS USED IN THIS SUBSECTION (2), A REVOCATION
"FOR CAUSE" DOES NOT INCLUDE A REVOCATION FOR FAILURE
TO CARRY THE REQUIRED INSURANCE UNLESS IT IS SHOWN THAT THE PERSON
KNOWINGLY OPERATED WITHOUT INSURANCE.
(3) ANY PERSON MAY FILE A FORMAL COMPLAINT
WITH THE COMMISSION AGAINST THE HOLDER OF A LUXURY LIMOUSINE REGISTRATION
FOR VIOLATIONS OF THIS ARTICLE OR RULES ADOPTED IN FURTHERANCE
OF THIS ARTICLE. SUCH A COMPLAINT SHALL BE HEARD AND DETERMINED
AS PROVIDED IN ARTICLE 6 OF THIS TITLE, AND, UPON PROOF OF SUCH
VIOLATION, THE COMMISSION MAY ISSUE A CEASE AND DESIST ORDER,
SUSPEND OR REVOKE THE REGISTRATION OF THE VIOLATOR, OR ASSESS
CIVIL PENALTIES AS PROVIDED IN ARTICLE 7 OF THIS TITLE.
(4) ANY PERSON INJURED BY A VIOLATION
OF THIS ARTICLE, OF ANY OTHER APPLICABLE STATUTE, OR OF A RULE,
ORDER, DECISION, DECREE, DIRECTION, OR REQUIREMENT OF THE COMMISSION
MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR RELIEF, WHICH
MAY INCLUDE DAMAGES, INJUNCTIVE RELIEF, AND ANY OTHER APPROPRIATE
REMEDY OR LEGAL PROCESS.
SECTION 3. 4016104
(1) (b), Colorado Revised Statutes, is amended to read:
4016104. Insurance requirements.
(1) Each motor vehicle carrier exempt from regulation
as a public utility shall maintain a general liability insurance
policy, or, if such carrier is a public entity, a certificate
of selfinsurance in lieu thereof, issued pursuant to section
427501, C.R.S., at the option of the public entity.
Such an insurance policy shall be issued by some insurance carrier
or insurer authorized to do business in Colorado for each motor
vehicle of such carrier, and such certificate of selfinsurance
shall be issued by the executive director of the department of
revenue. For those motor vehicle carriers exempt from regulation
as public utilities specified in paragraphs (a) to (f) of this
subsection (1), such liability insurance shall be in the following
(b) For luxury limousines:
(I) A minimum amount of one million dollars
combined single limit liability FOR VEHICLES WITH A PASSENGER
CAPACITY OF FOURTEEN OR LESS;
(II) A MINIMUM AMOUNT OF ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS COMBINED SINGLE LIMIT LIABILITY FOR VEHICLES
WITH A PASSENGER CAPACITY OF MORE THAN FOURTEEN AND LESS THAN
(III) A MINIMUM AMOUNT OF FIVE MILLION
DOLLARS COMBINED SINGLE LIMIT LIABILITY FOR VEHICLES WITH A PASSENGER
CAPACITY OF THIRTYTWO OR MORE.
SECTION 4. 1247901
(1) (h) (II), Colorado Revised Statutes, is amended to read:
1247901. Unlawful acts exceptions. (1) Except as provided in section 1813122, C.R.S., it is unlawful for any person:
(h) (II) Notwithstanding subparagraph
(I) of this paragraph (h), it shall not be unlawful for a person
who is at least twentyone years of age to consume malt,
vinous, or spirituous liquors while such person is a passenger
aboard a luxury limousine, as defined in section 4016101
(3), C.R.S., or a charter or scenic bus, as defined in section
(1.3), C.R.S. Nothing in this subparagraph (II) shall be construed
to authorize an owner or operator of a luxury limousine or charter
or scenic bus to sell or distribute malt, vinous, or spirituous
liquors without obtaining a public transportation system license
pursuant to section 1247122
SECTION 5. 407112
(1), Colorado Revised Statutes, is amended to read:
407112. Carriers subject
to civil penalties. (1) Any
person who operates a motor vehicle carrier as defined in section
4010101 (4) (a), a contract carrier by motor vehicle
as defined in section 4011101 (3), a towing carrier
as defined in section 4013101 (3), those motor vehicle
carriers exempt from regulation as public utilities as defined
in section 4016101,
to (5), and interstate carriers required
to register under section 4010120 or 4011115
shall be subject to civil penalties as provided in this section
and sections 407113 to 407116, which shall
be paid and credited to the general fund, in addition to any other
sanctions which may be imposed pursuant to law.
SECTION 6. 407113
(1) (f), Colorado Revised Statutes, is amended to read:
407113. Civil penalties
fines. (1) In addition
to any other penalty otherwise authorized by law and except as
otherwise provided in subsections (3) and (4) of this section,
any person who violates any provision of article 10, 11, 13, or
16 of this title or any rule or regulation promulgated by the
commission pursuant to such articles, which provision or rule
or regulation is applicable to such person, may be subject to
fines as specified in the following paragraphs:
(f) Any person who operates a charter
or scenic bus as defined in section 4016101
(1.3), a property carrier by motor vehicle as defined in section
4016101 (6.5), a luxury limousine as defined in section
4016101 (3), or an offroad scenic charter as
defined in section 4016101 (5) without having first
registered with the commission as required by section 4016103
may be assessed a civil penalty of not more than four hundred
SECTION 7. Effective date.
This act shall take effect July 1, 1998.
SECTION 8. 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
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE