Section 42-2-404 - Commercial driver's license - limitations - unlawful direction to operate a commercial motor vehicle - rules(1) Except as provided in subsection (4) of this section, no person shall operate a commercial motor vehicle upon the highways in this state on or after April 1, 1992, unless such person has attained the age of twenty-one years and has been issued and is in immediate possession of a commercial driver's license.(1.5)(a) The department shall not issue a commercial driver's license to, and shall immediately cancel the commercial driver's license of, any person subject to a federal disqualification order on the basis of imminent hazard to public safety pursuant to 49 CFR 383.52.(b) A person who is subject to a federal disqualification order on the basis of imminent hazard, or whose commercial or noncommercial driver's privilege is under restraint, shall not be eligible for a restricted, probationary, or hardship license that would permit the person to operate a commercial motor vehicle during the period of such disqualification or restraint.(c)(I) The department shall not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license that would have the effect of authorizing a person to operate a commercial motor vehicle transporting hazardous material in commerce unless the federal transportation security administration has determined that the person does not pose a security risk warranting a denial of the endorsement.(II) Fingerprinting for the purpose of a criminal history record check for a hazardous materials endorsement on a commercial driver's license may be conducted by a state or local law enforcement agent or any other person who has the authorization or approval of a federal agency including, without limitation, the transportation safety administration or the federal bureau of investigation.(III) A person enrolled in a commercial driver training school or holding a commercial driving learner's permit shall not be eligible to apply for or receive a hazardous materials endorsement and is prohibited from operating a commercial motor vehicle transporting hazardous material at any time.(2) No person who drives a commercial motor vehicle may have more than one driver's license.(3)(a) In addition to any applicable federal penalty concerning commercial motor vehicle operators, any person who violates subsection (1) or (2) of this section, or any rule or regulation promulgated by the department pursuant to this part 4, commits a class 1 misdemeanor traffic offense; except that, if a person who violates subsection (1) or (2) of this section presents a valid commercial driver's license to the court within thirty days after the date of the violation or at the person's first scheduled court appearance, the person, if convicted, is guilty of a class A traffic infraction.(b)(I) An employer or an officer or agent of an employer shall not authorize or permit an employee to operate a commercial motor vehicle if the employer, officer, or agent knows or reasonably should know that the employee does not satisfy the requirements in subsection (1) of this section to operate a commercial motor vehicle.(II) An employer, officer, or agent who violates subsection (3)(b)(I) of this section commits unlawful direction to operate a commercial motor vehicle. Unlawful direction to operate a commercial motor vehicle is a class 1 misdemeanor traffic offense.(4)(a) This part 4 does not apply to any person who is at least eighteen years of age but less than twenty-one years of age and who operates a commercial motor vehicle upon the highways of this state solely in intrastate operations. In accordance with section 42-2-101 (4), a person of this age shall not operate any commercial motor vehicle upon the highways unless the person has been issued and is in immediate possession of a minor driver's license of the correct type or general class for the type or general class of motor vehicle that is issued.(b) The department may promulgate rules authorizing a person who is at least eighteen years of age but less than twenty-one years of age to be licensed to drive a commercial vehicle in interstate commerce if the person:(I) Holds a commercial driver's license; and(II) Is authorized by federal law to drive a commercial vehicle in interstate commerce.Amended by 2024 Ch. 208,§ 1, eff. 8/1/2024, app. to offenses committed on or after 8/1/2024.Amended by 2023 Ch. 391,§ 1, eff. 6/6/2023.Amended by 2021 Ch. 462, § 715, eff. 3/1/2022.Amended by 2019 Ch. 2, § 1, eff. 8/2/2019.L. 94: Entire title amended with relocations, p. 2165, § 1, effective 1/1/1995. L. 2000: (4) amended, p. 1358, § 37, effective 7/1/2001. L. 2004: (1.5) added, p. 891, § 3, effective 7/1/2005. L. 2019: (4) amended, (SB 19 -018), ch. 18, p. 18, § 1, effective August 2. L. 2021: (3) amended, (SB 21-271), ch. 3302, p. 3302, § 715, effective 3/1/2022.(1) This section is similar to former § 42-2-504 as it existed prior to 1994, and the former § 42-2-404 was relocated to § 42-2-304 .
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.