The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
Findings and Declaration of Policy (a) The party states find that:
The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
Violation of such a law or ordinance is evidence that the violator engages in conductwhich is likely to endanger the safety of persons and property.
The continuance in force of a license to drive is predicated upon compliance withlaws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
Make the reciprocal recognition of licenses to drive and eligibility therefor more justand equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II
Definitions
As used in this compact:
"State" means a state, territory or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
"Home state" means the state which has issued and has the power to suspend orrevoke the use of the license or permit to operate a motor vehicle.
"Conviction" means a conviction of any offense related to the use or operation of amotor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the offense reported, pursuant to Article III of this compact, as it would if such offense had occurred in the home state, in the case of convictions for:
Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
Driving a motor vehicle while under the influence of intoxicating liquor or a narcoticdrug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
Any felony in the commission of which a motor vehicle is used;
Failure to stop and render aid in the event of a motor vehicle accident resulting in thedeath or personal injury of another.
As to other convictions, reported pursuant to Article III, the licensing authority in thehome state shall give such effect to the offense as is provided by the laws of the home state.
If the laws of a party state do not provide for offenses or violations denominated ordescribed in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
ARTICLE V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
The applicant has held such a license, but the same has been suspended by reason, inwhole or in part, of a conviction for a violation and if such suspension period has not terminated.
The applicant has held such a license, but the same has been revoked by reason, inwhole or in part, of a conviction for a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by Colorado law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
The applicant is the holder of a license to drive issued by another party state andcurrently in force unless the applicant surrenders such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
ARTICLE VII
Compact Administrator and Interchange of Information
The head of the licensing authority of each party state shall be the administrator ofthis compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
The administrator of each party state shall furnish to the administrator of each otherparty state any information or documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII
Entry Into Force and Withdrawal
This compact shall enter into force and become effective as to any state when it hasenacted the same into law.
Any party state may withdraw from this compact by enacting a statute repealing thesame, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source: L. 65: p. 795, § 1. C.R.S. 1963: § 74-12-1.