Definitions.

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As used in this article 10.1, unless the context otherwise requires:

  1. "Advertise" means to advise, announce, give notice of, publish, or call attention to byuse of any oral, written, or graphic statement made in a newspaper or other publication, on radio, television, or any electronic medium, or contained in any notice, handbill, sign, including signage on a vehicle, flyer, catalog, or letter, or printed on or contained in any tag or label attached to or accompanying any article of personal property.

  2. "Certificate" means the certificate of public convenience and necessity issued to acommon carrier under part 2 of this article.

  3. "Commission" means the public utilities commission of the state of Colorado.

  4. "Common carrier" means a common carrier as defined in section 40-1-102; exceptthat the term does not include:

  1. A contract carrier as defined in this section;

  2. A motor carrier of passengers under part 3 of this article 10.1; or

  3. A motor carrier of passengers providing large-market taxicab service under part 7 ofthis article 10.1.

  1. "Compensation" means any money, property, service, or thing of value charged orreceived or to be charged or received, whether directly or indirectly.

  2. "Contract carrier" means every person, other than a common carrier or a motor carrier of passengers under part 3 of this article, who, by special contract, directly or indirectly affords a means of passenger transportation over any public highway of this state; except that the term does not include a transportation network company, as defined in section 40-10.1-602 (3), or a transportation network company driver, as defined in section 40-10.1-602 (4).

  3. "Fixed points" and "established route" mean points or a route between or over whichany common carrier usually or ordinarily operates or holds out to operate any motor vehicle, even though there may be departures from such points or route, whether such departures are periodic or irregular.

  4. "Household goods" means the personal effects and property used or to be used in adwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects and property is:

(a) Arranged and paid for by the householder; except that "household goods" does not include property moving from a factory or store, other than property that the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges are paid to the mover by, the householder; or (b) Arranged and paid for by another party.

  1. "Intrastate commerce" means transportation for compensation by motor vehicles overthe public highways between points in this state.

(9.5) "Large-market taxicab service" means indiscriminate passenger transportation for compensation in a taxicab on a call-and-demand basis, within and between points in the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, and Weld, and between those points and all points within the state of Colorado, with the first passenger in the taxicab having exclusive use of the taxicab unless the passenger agrees to multiple loadings.

  1. "Motor carrier" means any person owning, controlling, operating, or managing amotor vehicle that provides transportation in intrastate commerce pursuant to this article; except that the term does not include a transportation network company, as defined in section 40-10.1602 (3), or a transportation network company driver, as defined in section 40-10.1-602 (4).

  2. "Motor vehicle" means any automobile, truck, tractor, motor bus, or other selfpropelled vehicle or any trailer drawn thereby.

  3. "Mover" means a motor carrier that provides the transportation or shipment of household goods.

  4. "Nonconsensual towing" or "nonconsensual tow" means the transportation of a motor vehicle by tow truck if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

  5. "Permit" means the permit issued to a contract carrier under part 2 of this article

10.1 or to a motor carrier under part 3, 4, 5, or 7 of this article 10.1.

  1. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or other legal entity and any person acting as or in the capacity of lessee, trustee, or receiver thereof, whether appointed by a court or otherwise.

  2. "Public highway" means every street, road, or highway in this state over which thepublic generally has a right to travel.

  3. "Shipper" means a person who uses the services of a mover to transport or shiphousehold goods.

  4. "Taxicab" means a motor vehicle with a seating capacity of eight or less, includingthe driver, operated in taxicab service.

  5. "Taxicab service" means passenger transportation in a taxicab on a call-and-demandbasis, with the first passenger therein having exclusive use of the taxicab unless such passenger agrees to multiple loadings.

  6. "Towing carrier" means a motor carrier that:

  1. Provides, as one of its primary functions, the towing of motor vehicles by use of atow truck; and

  2. May also provide storage of towed vehicles.

  1. "Tow truck" means a motor vehicle specially designed or equipped for transportinganother motor vehicle by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting such other motor vehicle from one place to another.

  2. "Vehicle booting company" means a private corporation, partnership, or sole proprietor in the business of immobilizing a motor vehicle through use of a boot.

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 395, § 1, effective August 10. L. 2014: (6) and (10) amended, (SB 14-125), ch. 323, p. 1409, § 3, effective June 5. L. 2018: IP, (4), and (14) amended and (9.5) added, (HB 18-1320), ch. 363, p. 2165, § 4, effective August 8. L. 2019: (22) added, (SB 19-236), ch. 359, p. 3312, § 19, effective May 30.


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