THE
PUBLIC UTILITIES COMMISSION
OF THE
STATE OF COLORADO

RULES AND REGULATIONS GOVERNING
MOTOR VEHICLE CARRIERS EXEMPT
FROM REGULATION AS PUBLIC UTILITIES
AND ESTABLISHING CIVIL PENALTIES

2_4_202 _ Statutes presumed prospective.
A statute is presumed to be prospective in its operation.

12_47_901 _ Unlawful acts _ exceptions. ....
(II) Notwithstanding subparagraph (I) of this paragraph (h), it shall not be unlawful for a person who is at least twenty_one years of age to consume malt, vinous, or spirituous liquors while such person is a passenger aboard a luxury limousine, as defined in section 40_16_101 (3), C.R.S., or a charter or scenic bus, as defined in section 40_16_101 (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 12_47_419. ..

40_7_113 _ 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: (a) Any person who fails to carry the insurance required by law may be assessed a civil penalty of not more than four hundred dollars. (b) Any person who operates a motor vehicle for hire as a common carrier without first having obtained a certificate of public convenience and necessity from the commission as required by section 40_10_104 may be assessed a civil penalty of not more than four hundred dollars. (c) Any person who operates a motor vehicle for hire as a contract carrier without first having obtained a permit from the commission as required by section 40_11_103 may be assessed a civil penalty of not more than four hundred dollars. (d) Any person who operates a motor vehicle for hire as a towing carrier without first having obtained a permit from the commission as required by section 40_13_103 may be assessed a civil penalty of not more than four hundred dollars. (e) Any person subject to section 40_2_110.5 who operates a motor vehicle carrier without having paid the annual identification fee for any motor vehicle so operated as required by section 40_2_110.5 may be assessed a civil penalty of not more than four hundred dollars. (f) Any person who operates a charter or scenic bus as defined in section 40_16_101 (1.3), a property carrier by motor vehicle as defined in section 40_16_101 (6.5), a luxury limousine as defined in section 40_16_101 (3), or an off_road scenic charter as defined in section 40_16_101 (5) without having first registered with the commission as required by section 40_16_103 may be assessed a civil penalty of not more than four hundred dollars. (g) Any person who operates a motor vehicle as defined in section 40_10_101 (3) or 40_11_101 (4) who intentionally violates any provision of articles 10, 11, 13, 14, and 16 of this title not enumerated in paragraphs (a) to (f) of this subsection (1), any rule or regulation promulgated by the commission pursuant to this title, or any safety rule adopted by the department of public safety relating to towing carriers may be assessed a civil penalty of not more than four hundred dollars. (2) The amount of the civil penalties to be assessed pursuant to subsection (1) of this section shall be set in rules and regulations promulgated by the commission. (3) If any person receives a second civil penalty assessment for a violation of the provisions of subsection (1) of this section within one year after the first violation, the civil penalty assessed for such second violation may be two times the amount specified by rule and regulation for such violation. (4) If any person receives more than two civil penalty assessments for violation of the provisions of subsection (1) of this section within one year, the civil penalty assessed for each such subsequent violation may be three times the amount specified by rule and regulation for such violation.

40_16_101 _ Definitions.
As used in this article, unless the context otherwise requires:
(1) "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 thirty_two 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. (1.5) "Children's activity bus" means a motor vehicle hired to transport groups of eight or more children, eighteen years of age or younger and any adults over eighteen years of age accompanying or participating with said group, to or from activities which are sponsored by nonprofit organizations entitled to a tax exemption under the federal "Internal Revenue Code of 1954", as amended. (1.7) "Commercial location" means a place where goods or services are bought, sold, or exchanged. (2) "Commission" means the public utilities commission of this state. (2.5) "Compensation" means any money, property, service, or thing of value charged or received or to be charged or received whether directly or indirectly. (3) (a) "Luxury limousine" means a chauffeur_driven, luxury motor vehicle with a rear seating capacity of three or more, for hire on a prearranged, charter basis to transport passengers 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 factory_installed odometer; (III) Offers luxury features that shall include, but need not be limited to, television, telephone, and beverages 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 motor_driven 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 full_size, four_door, 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 registrant. (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 sub_subparagraph (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 fifty_thousand_dollar threshold value set forth in said sub_subparagraph (D) shall be adjusted annually, on July 1 of each year, based upon the consumer price index for the Denver_Boulder_Greeley 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 40_2_110.5. (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. (3.5) "Motor vehicle" means any automobile, truck, tractor, bus, or other self_propelled vehicle or any trailer drawn thereby excluding vehicles operated upon fixed rails. (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 charter or scenic buses, luxury limousines, off_road scenic charters, and children's activity bus services. (5) "Off_road scenic charter" means a motor_driven 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. "Off_road scenic charter" does not include the transport of passengers to commercial locations. An off_road scenic charter provides services that originate and terminate at the same location. (6) "Person" means any individual, partnership, limited liability company, corporation, association, or other legal entity. (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. (6.5) "Property carrier by motor vehicle" means any person who transports the property of others for compensation, in intrastate commerce, upon the public highways of this state by use of a motor vehicle; except that the term does not include a towing carrier as defined in section 40_13_101. (7) Repealed. (8) "Taxicab" means a motor_driven passenger vehicle for public hire on a call_and_demand basis with the user entitled to demand exclusive use of the vehicle and to designate any destination, route, or stops desired on the route. 40_16_102 _ Control of motor vehicle carriers exempt from regulation as public utilities. (1) All motor vehicle carriers exempt from regulation as public utilities are declared to be affected with a public interest and subject to regulation to the extent provided in this article. (2) A motor vehicle carrier exempt from regulation as a public utility shall not be construed to be a public utility under this title. Except as provided for in this article, a motor vehicle carrier exempt from regulation as a public utility shall not be subject to regulation under this title, except as otherwise provided in sections 40_7_112 to 40_7_116.

40_16_102.5 _ 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 taxicab service.

40_16_103.5 _ 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.

40_16_103.6 _ Enforcement.
(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 two_year 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.

40_16_104 _ 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 self_insurance in lieu thereof, issued pursuant to section 42_7_501, 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 self_insurance 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 minimum amounts: (a) For charter or scenic buses, a minimum amount of five million dollars combined single limit liability or in the case of public entities operating such buses, the maximum amount that may be recovered from a public entity under section 24_10_114 (1), C.R.S.; (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 thirty_two; and (III) A minimum amount of five million dollars combined single limit liability for vehicles with a passenger capacity of thirty_two or more. (c) For off_road scenic charters, a minimum amount of one million dollars combined single limit liability; (d) For children's activity buses, a minimum amount of one million dollars combined single limit liability. If the vehicle being used has a capacity for thirty_two or more passengers, disclosure shall be made to the lessor of such vehicle that the liability limits are lower than those for charter or scenic buses pursuant to paragraph (a) of this subsection (1). (e) For property carriers by motor vehicle that are not required to obtain a hazardous material permit under section 42_20_201, C.R.S., amounts and types of coverage required by 49 C.F.R. part 1043; except that such carriers using only vehicles weighing ten thousand pounds or less gross vehicle weight rating shall maintain insurance in the amount of at least three hundred thousand dollars combined single limit liability; (f) For property carriers by motor vehicle that are required to obtain a hazardous material permit under section 42_20_201, C.R.S., amounts and types of coverage required by section 42_20_202 (2) (a), C.R.S. (1.5) Property carriers by motor vehicle shall maintain, in addition to the insurance specified in subsection (1) of this section, cargo insurance in the amounts and in the form specified by rule of the commission. (2) Each motor vehicle carrier exempt from regulation as a public utility shall maintain with the public utilities commission of this state adequate written documentation that such carrier maintains a general liability insurance policy, or for public entities a certificate of self_insurance, in accordance with this section. No termination of such insurance policy shall be valid unless the insurer has notified the holder of the policy and the public utilities commission of this state at least thirty days prior to such termination.

42_3_111 _ Failure to pay tax _ penalty.
If a vehicle subject to taxation under this article is not registered at the time required by law and the specific ownership tax paid thereon, a penalty of ten percent of the amount of tax or ten dollars, whichever is greater, may be collected at the time the registration is completed and the specific ownership tax paid.

42_3_113 _ Number plates furnished _ style _ periodic reissuance.
(1) (a) (I) The department shall also furnish to every owner whose vehicle is registered one number plate for a motorcycle, street rod vehicle, trailer, or semitrailer, any other vehicle drawn by a motor vehicle, or any item of mobile machinery or self_propelled construction equipment and two number plates, or, at the discretion of the executive director of the department, one number plate for every other vehicle, except as otherwise provided in this article. The department has the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner. (II) For the purposes of this paragraph (a), "street rod vehicle" has the same meaning as provided in section 42_3_114 (3) (b). (b) (I) The department may furnish the number plates required in this section for one or more registration periods. If the number plates are issued for multiyear use, the department may issue a validating tab or sticker to indicate the year of registration of the vehicle. (II) Any validating tab or sticker that evidences the receipt of taxes under this article may be obtained by the department through normal purchasing procedures and may be produced and issued by the department through any of its authorized agents. Any such validation tab or sticker shall be produced in accordance with the minimum specifications of the department, and such specifications shall reflect, at a minimum, the same quality control standards employed by the department of corrections in the production of any such validation tab or sticker as those standards existed on January 1, 1999. (c) All actions taken in carrying out the provisions of paragraphs (a) and (b) of this subsection (1) are subject to the prior approval of the executive director of the department of personnel. (2) (a) Every number plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, the year number for which it is issued, the month in which it expires, and any other appropriate symbol, word, or words designated by the department. The department may adopt rules and regulations for the issuance of permanent number plates which do not display the year number for which it is issued or the month in which it expires. Such plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight. (b) If number plates issued for vehicles include the county of vehicle registration, a vehicle owner shall have the option of obtaining a number plate that does not include such county designation. (3) The department shall issue for every passenger motor vehicle, rented without a driver, the same type of number plates as the type of plates issued for private passenger vehicles. (4) The department shall issue, for every noncommercial or recreational vehicle registered as such pursuant to this article, numbered plates or other insignia of a color or design different from any other Colorado plates, to be determined by the department, in order that such numbered plates or other insignia may be plainly recognized at a distance of at least one hundred feet during daylight. (5) (a) On and after January 1, 2000, any new or replacement license plate issued by the department shall, to the extent that it is practical, have standardized coloring and identifying characters limited to no more than a total of six numbers and letters; except that such character limitation does not apply to personalized license plates issued under section 42_3_114. (b) Beginning January 1, 2002, the department of revenue is authorized to require the replacement of any license plate as necessary to ensure that license plates are legible as required by section 42_3_123 (2). On and after such date, the department shall take actions necessary to replace all license plates issued in the state other than the license plates that were issued after January 1, 2000, under paragraph (a) of this subsection (5) or license plates that have been remanufactured under section 42_3_113.5. The department shall complete such license plate replacement on or before January 1, 2004. (c) During the 2002 regular session of the general assembly, the department shall report to the general assembly regarding the number of license plates in the state that need to be replaced if any, and the number of configurations still available. The general assembly shall appropriate out of the highway users tax fund, for fiscal years 2002_03 and 2003_04, the additional moneys necessary, if any, to complete the license plate replacement under paragraph (b) of this subsection (5).

THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
RULES AND REGULATIONS GOVERNING
MOTOR VEHICLE CARRIERS EXEMPT
FROM REGULATION AS PUBLIC UTILITIES
AND ESTABLISHING CIVIL PENALTIES
4 Code of Colorado Regulations (CCR) 723_33

BASIS, PURPOSE, AND STATUTORY AUTHORITY.
The basis and purpose of these rules is to regulate motor vehicle carriers exempt from regulation as public utilities as defined in º 40_16_101(4), C.R.S.; to specify the luxury features a luxury limousine must offer; to designate the type of written documentation, as set forth in º 40_16_104(2), C.R.S., that a motor vehicle carrier exempt from regulation as a public utility must file with this Commission; and to provide penalties for the violation thereof. These rules are issued in accordance with º 40_2_110.5, C.R.S. These amendments are intended to update the existing rules so that they may be consistent with the most recent amendments to the Colorado Revised Statutes. The statutory authority for these rules is found at 40_2_108, 40_7_112 through 116, 40_16_101(3)(a)(III), and 40_16_103.6, C.R.S.

RULE (4 CCR) 723_33_1. APPLICATION OF RULES.
These rules apply to motor vehicle carriers exempt from regulation as public utilities as defined in º 40_16_101(4), C.R.S.

RULE (4 CCR) 723_33_2. DEFINITIONS.
723_33_2.1 Commission __ Means the Colorado Public Utilities Commission. 723_33_2.2 Discretionary vehicle -- A vehicle may be qualified as a discretionary vehicle if the vehicle would have qualified as a luxury vehicle at the time the vehicle was new and if the vehicle is in exceptional physical condition at the time of registration. A vehicle is in exceptional physical condition if: (1) The body of the vehicle has a good, unfaded paint job, and is devoid of dents, rust, missing or broken chrome, and has no broken or cracked glass or lenses; (2) The interior of the vehicle is clean, free of offensive odors, and has no tears, cracks, or major stains upon the upholstery, headliner, and carpeting; and (3) is in sound mechanical condition with no safety defects. The applicant shall bear the burden of proving that the original ManufacturerÆs Suggested Retail Price of the vehicle was equal to or in excess of that required of a luxury vehicle.

723_33_2.3 Public entity __ Shall have that meaning as set forth in º 24_10_103(5), C.R.S.

RULE (4 CCR) 723_33_3. INSURANCE.
723_33_3.1 Liability Insurance . Every carrier having registered under the provisions of º 40_16_103, C.R.S., shall obtain and keep in force at all times, public liability insurance coverage issued by an insurance company authorized to do business in the State of Colorado, which coverage shall not be less than the minimum limits set forth in º 40_16_104, C.R.S. In lieu of liability insurance, public entities may obtain a certificate of self_insurance from the Division of Insurance in the Department of Regulatory Agencies. Every carrier shall cause to be filed with the Commission, in lieu of the original policy, a Form E Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance, executed by a duly authorized agent of the insurer. Public entities may file a certificate of self_insurance issued by the Division of Insurance in the Department of Regulatory Agencies in lieu of a Form E.

723_33_3.1.1 The original policy is to be retained by the carrier and kept available for inspection by any authorized representative of the Commission.

723_33_3.2 Cargo Insurance . Every property carrier by motor vehicle having registered under the provisions of º 40_16_103, C.R.S., shall obtain and maintain in force at all times cargo insurance coverage. The coverage shall be $10,000 per motor vehicle unit operated, or an amount adequate to cover the value of the property being transported, whichever is less, unless the shipper and the carrier otherwise so provide by written contract for a lesser amount. Carriers transporting only loads of commodities with an aggregate value of $500, or less, are exempt from this Rule 3.2. Carriers transporting only loads of commodities not subject to appreciable loss or damage, due to physical characteristics, are exempt from this Rule 3.2. Every property carrier by motor vehicle shall cause to be filed with the Commission, in lieu of the original policy, a Form H Uniform Motor Carrier Cargo Certificate of Insurance, executed by a duly authorized agent of the insurer. Nothing in this rule shall be construed to limit the right of the carrier and the shipper to enter into an agreement which establishes the amount of cargo liability of the carrier.

723_33_3.2.1 The original policy is to be retained by the carrier and shall be available for inspection by any authorized representative of the Commission.

723_33_3.3 Insurance filings .

723_33_3.3.1 All insurance coverage must be filed with the exact name, initials, corporate and trade name (if any) and address as shown in the application or records of the Commission.

723_33_3.3.2 Subsequent name or policy number changes shall be reflected by the insurer filing an endorsement.

723_33_3.3.3 Every insurance certificate required by and filed with the Commission shall be kept in full force and effect, unless and until canceled by a 30_day written notice, on Form K Uniform Notice of Cancellation of Motor Carrier Insurance Policies, from the insurer to the Commission, which time shall run from the date the notice is received by the Commission and the certificate shall contain a statement to this effect. Certificates of self_insurance will be considered valid until canceled or not renewed by the Division of Insurance in the Department of Regulatory Agencies.

RULE (4 CCR) 723_33_4. PROOF OF REGISTRATION.
Every carrier having registered under the provisions of º 40_16_103, C.R.S., shall carry proof of such registration in the motor vehicles operated under said registration, and make available to all enforcement officers such proof upon request.

RULE (4 CCR) 723_33_5. DESIGNATION OF AGENT.
Each motor vehicle carrier exempt from regulation as a public utility shall file with the Commission, and maintain on file, the name and address of a person upon whom service may be made of notices or orders in proceedings pending before the Commission, process issued by or under the authority of any court or board in any judicial or other proceeding brought against such carrier, or any other process, notice, or demand required or permitted by law to be served upon the carrier. The designation of agent shall be in writing in a form prescribed by the Commission. The designation may be changed by a similar filing. The Secretary of State of the State of Colorado may not be the person designated as agent. The person designated, if a natural person, shall be at least 18 years of age. The address of the person designated shall be in the State of Colorado.

RULE (4 CCR) 723_33_6. REGISTRATION AS A LUXURY LIMOUSINE.
Registration as a luxury limousine shall require the provision of the following information, to the extent applicable, either on the Commissions registration form or in appropriately identified attached exhibits:

723_33_6.1 The name and complete mailing address and physical address of the applicant, and the name under which the operation shall be conducted.

723_33_6.2 A copy of its certificate of assumed trade name , if any.

723_33_6.3 If the applicant is a sole proprietorship the name of the owner.

723_33_6.4 If the applicant is a corporation :

723_33_6.4.1 A statement of that fact and the name of the state in which it is incorporated.

723_33_6.4.2 The complete mailing address and physical address of its principal office, if any, in this state; and the names of its directors and officers.

723_33_6.4.3 A copy of its Articles of Incorporation .

723_33_6.4.4 If the applicant is an out_of_state corporation , a copy of the authority qualifying it to do business in Colorado.
723_33_6.5 If the applicant is a partnership :

723_33_6.5.1 The name and title of each partner , whether general or limited.

723_33_6.5.2 The name and title, of each trustee .

723_33_6.6 If the applicant is a Limited Liability Company , ("LLC"):

723_33_6.6.1 A statement of that fact and the name of the state in which it is organized.

723_33_6.6.2 The complete mailing address and physical address of its principal office, if any, in this state; and the names of its managers.

723_33_6.6.3 A copy of its Articles of Organization .

723_33_6.7 The application for a registration shall also include a statement describing any other type of operating authority issued either by a state or federal agency under which the applicant contends that it may provide for hire service in the transportation of passengers in the State of Colorado.

RULE (4 CCR) 723_33_7. VEHICLE IDENTIFICATION STAMPS GENERALLY. 723_33_7.1 Before the first day of January of each calendar year, every carrier shall apply to the Commission for the issuance of a vehicle identification stamp for each self_propelled vehicle which the carrier owns, controls, operates, or manages within the State of Colorado.

723_33_7.2 The vehicle identification stamps shall be valid for the calendar year for which they are purchased. Vehicle identification stamps shall expire at 12:00 midnight on December 31st of the year for which they are issued.

723_33_7.3 Vehicle identification stamps for carriers obtaining a new registration, or acquiring new or additional vehicles during the year, shall be obtained and affixed to the vehicle before it is put into service.

723_33_7.4 The vehicle identification stamps shall be permanently affixed to the inside, lower, right_hand corner of the windshield of each vehicle, or to the Form D1 Cab Card if the carrier operates in interstate commerce and transports commodities which are exempt from regulation by the Federal Highway Administration. A carrier that is also registered under the Single State Registration System for regulated interstate carriers shall carry a copy of the Form RS_3 Registration Receipt in each vehicle in lieu of the vehicle identification stamp.

RULE (4 CCR) 723_33_8. VEHICLE IDENTIFICATION STAMPS FOR LUXURY LIMOUSINES. 723_33_8.1 Prior to accepting the fee for a vehicle identification stamp as required by º 40_2_110.5, C.R.S., the enforcement staff of the Commission may inspect any vehicle intended to be operated as a luxury limousine. The enforcement staff shall inspect any vehicle intended to be operated as a luxury limousine which vehicle has not been previously inspected. The enforcement staff shall make the preliminary determination whether the specific vehicle meets the requirements of º 40_16_101(3), C.R.S., and Rule 9 of these rules.

723_33_8.2 If the vehicle meets these requirements , a vehicle identification stamp shall be issued.

723_33_8.3 If the vehicle does not meet these requirements, and the person attempting to pay the vehicle identification fee disagrees with the enforcement staff's determination, that person may request a hearing before the Commission by filing a written application. In any hearing conducted by the Commission or one of its administrative law judges, the person attempting to pay the identification fee for a luxury limousine shall have the burden of proving that the vehicle in question complies with the standards set forth in applicable statutes and these rules. This application will be published in the Commissions Notice of Applications Filed for a period of not less than ten days for comment by existing regulated common carriers and the public generally.

RULE (4 CCR) 723_33_9. LUXURY LIMOUSINE FEATURES.
723_33_9.1 External signs and graphics . A luxury limousine shall not have any exterior signs or graphics except license plates; those otherwise required by law; those attached by a law enforcement agency; those attached by the vehicle manufacturer or dealership for the purpose of identifying the manufacturer, dealership, or the vehicles make and model; and those attached for the purpose of indicating special events such as weddings, graduations, and parades.

723_33_9.2 Luxury features . The luxury limousine shall offer the following:

723_33_9.2.1 A television . The television screen shall be at least three (3) inches in size, measured diagonally, when positioned inside an overhead console. When not located in an overhead console the television screen shall be at least five (5) inches in size, measured diagonally. The television shall be positioned inside a console or cabinet which is securely attached to the body of the vehicle. The television shall be located so that the screen and controls are in compliance with the safety rules found at 4 CCR 723_15 incorporating, among other things, 49 C.F.R., section 393.88;

723_33_9.2.2 A telephone which shall be accessible to the customer, in working order, and capable of making and receiving calls. Each luxury limousine must have a separately assigned telephone number. An intercom system does not meet the requirements of this rule; and

723_33_9.2.3 Beverages and beverage service amenities including, but not limited to, glasses or cups, and an ice container which shall be positioned inside a console or cabinet which is securely attached to the body of the vehicle and located inside the passenger compartment of the luxury limousine.

RULE (4 CCR) 723_33_10. HARDSHIP.
In case of hardship, a carrier may file a written application for relief from any rule. The Commission, to the extent authorized by applicable law may, at its discretion, grant the application or set the matter for hearing. The Commission may permit variance from Rules 723_33_1 through 723_33_9 of these rules for good cause and if it is satisfied that the public interest will be served, and if it finds compliance to be impossible, impractical, or unreasonable. All applications will be noticed by the Commission for a period of not less than ten days for comment.
A copy of any grant of such application by the Commission shall be carried in the vehicle(s) affected by it and shall be made available for inspection upon request by the enforcement staff of the Commission.

RULE (4 CCR) 723_33_11. VIOLATIONS _ CIVIL PENALTIES ASSESSMENTS _ REVOCATION FOR CAUSE.
723_33_11.1 A violation of º 40_16_102.5, C.R.S., may result in the assessment of a penalty of up to $400.00.

723_33_11.2 A violation of º 40_16_103, C.R.S., may result in the assessment of a penalty of up to $400.00.

723_33_11.3 A violation of Rule 723_33_3.1 of these rules may result in an assessment of a penalty of up to $400.00 per day.

723_33_11.4 A violation of any other rule of these rules, except as provided for in Rules 723_33_11.1 through 723_33_11.3 of these rules, may result in an assessment of a penalty of up to $100.00 per day.

723_33_11.5 Driver and Owner Violations.

723_33_11.5.1 Any owner or other person employing or directing a driver who operates a motor vehicle in violation of Rules 723_33_11.1 through 723_33_11.4 of these rules may be assessed a civil penalty in the amount stated in such rules if such owner or person knows or had reason to know that the driver was engaged in such violation, or directs the driver to operate the motor vehicle in violation of such rules.

723_33_11.5.2 Any driver who operates a motor vehicle in violation of Rules 723_33_11.1 through 723_33_11.4 of these rules may be assessed a civil penalty in the amount stated in such rules.

723_33_11.5.3 Any civil penalty provided for in Rules 723_33_11.5.1 and 723_33_11.5.2 of these rules shall be in addition to and not in lieu of any civil penalty against the actual driver, and any such penalty may be assessed upon the initial violation by such owner, other person, or driver.

723_33_11.6 Each day in which an owner, other person, or driver, violates the provisions of these rules for which a civil penalty may be assessed may constitute a separate violation.

723_33_11.7 Any person shall be deemed to have intentionally violated a provision of these rules if, after having been issued a written notification of such violation, such person violates the same provision again. An intentional violation may be shown also by other facts, circumstances, or conduct.

723_33_11.8 Multiple offenses. The violation of more than one statute, rule, or regulation during the course of one 24_hour period shall constitute multiple offenses for which civil penalties may be assessed as set forth in these rules.

723_33_11.9 Separate offenses. Each violation of a statute, rule, or regulation within the scope of these rules shall constitute a separate offense for which a civil penalty may be assessed as set forth in these rules.
723_33_11.10 Repeat Violations of Statutes or Rules.

723_33_11.10.1 If any person receives a second civil penalty assessment for a violation of the provisions of Rules 723_33_11.1 through 723_33_11.4 of these rules within one year after the first violation, the civil penalty assessed for such second violation may be two times the amount specified in Rules 723_33_11.1 through 723_33_11.4 of these rules.

723_33_11.10.2 If any person receives more than two civil penalty assessments for violation of the provisions of Rules 723_33_11.1 through 723_33_11.4 of these rules within one year, the civil penalty assessed for each such subsequent violation may be three times the amount specified in Rules 723_33_11.1 through 723_33_11.4 of these rules.

723_33_11.11 Revocation for Cause. The Commission, on its own motion or as a result of a complaint by any carrier or other person under these rules and the Commissions Rules of Practice Procedure, except for insurance revocation under Rule 723_33_11.12, by order duly entered, after hearing upon notice to the holder of a luxury limousine registration and when it is established to the satisfaction of the Commission that such holder has failed or refused to operate a luxury limousine service in accordance with Article 16 of Title 40, C.R.S., or of these rules, may revoke the registration issued under the provisions of º 40_16_103, C.R.S.

723_33_11.12 The Commission shall revoke the registration of any person not complying with the insurance requirements set forth in º 40_16_104, C.R.S

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