First Regular Session
Sixty-second General Assembly
LLS NO. 99-0130.01 Jeff Conway HOUSE BILL 99-1101
STATE OF COLORADO
BY REPRESENTATIVE McElhany
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING CERTIFIED SCALES USED FOR WEIGHING VEHICLES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Transportation Legislation Review Committee. Clarifies that a
peace officer who reasonably believes that a vehicle is overweight may
require that the vehicle be driven to the nearest certified scales within 5
miles. Requires certified weighers to weigh any vehicle when requested
by a peace officer. Makes it a class 2 petty offense for a certified weigher
to refuse to weigh a vehicle when requested to do so by a peace officer.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 42-4-509 (1), Colorado Revised Statutes, is
3 amended to read:
4 42-4-509. Vehicles weighed - excess removed. (1) Any police
5 or peace officer, as defined in section 18-1-901 (3) (l) (IV), C.R.S.,
6 having reason to believe that the weight of a vehicle and load is unlawful
7 is authorized to require the driver to stop and submit to a weighing of the
8 same by means of either portable or stationary scales or shall require that
9 such vehicle be driven to the nearest public CERTIFIED scales AS DEFINED
10 IN SECTION 35-14-102 (2), C.R.S., in the event such scales are within five
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 miles.
2 SECTION 2. 35-14-122 (2) (a), Colorado Revised Statutes, is
3 amended to read:
4 35-14-122. Public scales - requirements - weight certificates -
5 procedures - records. (2) (a) (I) It shall be the duty of each certified
6 weigher to weigh upon the certified scales any load delivered at the scales
7 for weighing when engaged to do so by any person and to issue a
8 certificate of correct weight, INCLUDING THE WEIGHING OF A VEHICLE
9 WHEN REQUESTED BY A PEACE OFFICER PURSUANT TO SECTION 42-4-509
10 (1), C.R.S. The certificate of correct weight shall state the gross weight
11 of the load, the tare weight, the net weight of the load, and the date of
12 weighing. In addition, the weight certificate shall indicate the state
13 license number of the vehicle, or other positive identification, a serial
14 number, the name of the shipper or the owner of the load, the nature of
15 the load, the name of the receiver of the load, whether the driver is off or
16 on the scale, the name of the certified weigher, and the location of the
17 certified scale. For issuing a certificate, the certified weigher may charge
18 a reasonable fee; except that no charge may be made for weighing done
19 or for certificates issued upon the demand of the commissioner or any
20 employee acting in an official capacity under the provisions of this article.
21 (II) THE FAILURE OF ANY CERTIFIED WEIGHER TO WEIGH A VEHICLE
22 WHEN REQUESTED BY A PEACE OFFICER PURSUANT TO SECTION 42-4-509
23 (1), C.R.S., SHALL BE A CLASS 2 PETTY OFFENSE AND SHALL BE PUNISHED
24 BY A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS.
25 SECTION 3. Effective date - applicability. This act shall take
26 effect July 1, 1999, and shall apply to offenses committed on or after said
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1 date.
2 SECTION 4. Safety clause. The general assembly hereby finds,
3 determines, and declares that this act is necessary for the immediate
4 preservation of the public peace, health, and safety.