The general assembly hereby approves and the governor is authorized to enter into an agreement on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
ARTICLE 1
Findings and Purposes
SECTION 1. Finding. The participating jurisdictions find that:
The expanding regional economy depends on expanding transportation capacity;
Highway transportation is the major mode for movement of people and goods in thewestern states;
Uniform application in the west of more adequate vehicle size and weight standardswill result in a reduction of pollution, congestion, fuel consumption and related transportation costs which are necessary to permit increased productivity;
Improvements in the highway operating environment, in vehicular safety, and in cooperative state administration and enforcement of state laws will each encourage a smoother flow of interstate commerce to the benefit of the regional economy;
Repealed.
The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety. The participating jurisdictions are most capable of developing programs for cooperative state administration, commercial vehicle safety inspections and enforcement of state laws.
SECTION 2. Purposes. The purposes of this agreement are to:
Adhere to the principle that each participating jurisdiction should have the freedomto develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
Establish a system authorizing the operation of vehicles traveling between two (2) ormore participating jurisdictions at more adequate size and weight standards.
Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
Facilitate improvements in the highway operating environment, in vehicular safety,and in cooperative state administration and enforcement of state laws.
Provide means for the encouragement and utilization of research which will facilitatethe achievement of the foregoing purposes, with due regard for the findings set forth in Section 1 of this Article.
Facilitate communication between legislators, state transportation administrators, andcommercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
ARTICLE 2
Definitions
SECTION 1. As used in this agreement:
"Cooperating committee" means a body composed of the designated representativesfrom the participating jurisdictions.
(1.5) "Designated representative" means a legislator, state agency official, or other person authorized under article 11 to represent the jurisdiction.
"Jurisdiction" means a state of the United States or the District of Columbia.
"Vehicle" means any vehicle as defined by statute to be subject to size and weightstandards which operates in two or more participating jurisdictions.
ARTICLE 3
General Provisions
SECTION 1. Qualifications for membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of headings. Article and Section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle laws and regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of Section 4, Article 3. Any amendment shall be placed in writing and become a part hereof.
SECTION 7. Restrictions, conditions or limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
SECTION 8. Additional jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE 4
Cooperating Committee
SECTION 1. Each participating jurisdiction shall have two designated representatives. Pursuant to Section 2, Article 3, the designated representatives of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:
Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight, safety, enforcement and related matters.
Recommend and encourage the undertaking of research and testing in any aspect ofvehicle size and weight, safety, enforcement and related matters when, in its collective judgment, appropriate or sufficient research or testing has not been undertaken.
Recommend changes in law or policy with emphasis on compatibility of laws anduniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight, safety, enforcement and related matters.
Recommend improvements in highway operation, in vehicular safety, and in stateadministration of highway transportation laws.
Perform functions necessary to facilitate the purposes of this agreement.
SECTION 2. Each designated representative of a participating jurisdiction shall be entitled to one (1) vote only. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually. It shall elect, from its members, a chairman, a vice-chairman and a secretary. The committee may adopt bylaws to govern its activities.
SECTION 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.
ARTICLE 5
Objectives of the Participating Jurisdictions
SECTION 1. Objectives. The participating jurisdictions hereby declare that:
(1) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination weight of that resulting from application of the formula: W = 500[(LN/N - 1) + 12N + 36]
where
W = maximum weight in pounds carried on any group of two or more consecutive axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more axles.
N = number of axles in group under consideration.
It is the further objective of the participating jurisdictions that the operation of avehicle or combination of vehicles in interstate commerce according to the provisions of subsection (1) of this Section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of statutory weight of eighty thousand pounds or statutory lengths.
It is the further objective of the participating jurisdictions to facilitate and expeditethe operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (1) or (2) of this Section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: Uniform enforcement procedures; additional vehicle size and weight standards; uniform safety inspection standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.
The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement, and specifically of the vehicle size and weight standards set forth in subsection (1) of this section.
It is the further objective of the participating jurisdictions to:
Establish transportation laws and rules to meet regional and economic needs and topromote an efficient, safe, and compatible transportation network;
Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of principles of highway safety; and
Establish programs to increase productivity and reduce congestion, fuel consumption,and related transportation costs and enhance air quality through the uniform application of state vehicle rules and laws.
(Deleted by amendment, L. 2001, p. 710, § 6, effective August 8, 2001.)
ARTICLE 6
Entry Into Force and Withdrawal
SECTION 1. This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in Section 8, Article 3.
SECTION 2. Any participating jurisdiction may withdraw from this agreement by cancelling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE 7
Construction and Severability
SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE 8
Filing of Documents
SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.
ARTICLE 9
Existing Statutes Not Repealed
SECTION 1. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.
ARTICLE 10
State Government Departments
Authorized to Cooperate with Cooperating Committees
SECTION 1. Within appropriations available therefor, the departments, agencies and officers of the government of this State shall cooperate with and assist the cooperating committee within the scope contemplated by Article 4, Section 1 (1) and (2) of the agreement. The departments, agencies and officers of the government of this State are authorized generally to cooperate with said cooperating committee.
ARTICLE 11
Selection of Designated Representatives
SECTION 1. The process for selecting the designated representatives to the cooperating committee shall be established by law under this section.
SECTION 2. The persons authorized to represent the state of Colorado as the designated representatives to the committee shall be the chairperson of the senate transportation committee and the chairperson of the house transportation committee, or a legislator or state agency official that the chairperson assigns.
SECTION 3. The transportation committee chairpersons in each house shall also designate one alternate designated representative, who shall also be a legislator or state agency official, to serve in their absence.
ARTICLE 12
Funding
SECTION 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representatives, shall be provided from the funds available to the Colorado state patrol for operating expenses and motor carrier safety and assistance program grants and shall be budgeted or expensed to the Colorado state patrol in furtherance of the administration of this agreement as determined appropriate.
Source: L. 85: Entire part added, p. 860, § 1, effective July 1. L. 2001: Article 1 section 1(5) repealed, article 1 section 2(7), article 4 section 1(4), article 4 section 1(5), and article 12 added, and article 2 section 1, article 4 introductory portion to section 1, article 4 section 2, article 4 section 4, article 5 section 1, and article 11 amended, pp. 708, 709, 713, 710, 712, §§ 1, 2, 4, 8, 3, 5, 6, 7, effective August 8. L. 2012: Article 12 section 1 amended, (HB 12-1019), ch. 135, p. 465, § 5, effective July 1.