Powers and duties - rules.

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(1) The chief of the Colorado state patrol shall issue such rules as the chief deems necessary to implement this article and carry out its purposes. All permanent port of entry weigh stations established under the authority of this article shall be operated at times determined by the chief so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a port of entry weigh station. All port of entry weigh stations, either permanent or mobile, shall be equipped with weighing equipment approved as to accuracy by the division of inspection and consumer services of the department of agriculture.

(2) A port of entry officer, during the time that the officer is actually engaged in performing the officer's duties as such and while acting under proper orders or rules issued by the chief of the Colorado state patrol, shall exercise all the powers invested in peace officers in connection with directing traffic and in the enforcement of the provisions of this article 8; articles 2, 3, and 20 of this title 42; part 5 of article 4 of this title 42; and sections 42-4-209, 424-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414; except that an officer does not have the power to serve civil writs and process and, in the exercise of the officer's duties, an officer has the authority to restrain and detain persons or vehicles and may impound any vehicle until any tax or license fee imposed by law is paid or until compliance is had with any tax or regulatory law or rule issued thereunder.

Source: L. 94: Entire title amended with relocations, p. 2493, § 1, effective January 1, 1995. L. 2000: (2) amended, p. 1102, § 3, effective August 2; (2) amended, p. 1454, § 2, effective July 1, 2001. L. 2006: (2) amended, p. 1514, § 80, effective June 1. L. 2010: (2) amended, (HB 10-1167), ch. 125, p. 418, § 9, effective April 15; (2) amended, (HB 10-1113), ch. 244, p. 1083, § 3, effective July 1. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 469, § 14, effective July 1. L. 2020: (2) amended, (HB 20-1027), ch. 41, p. 139, § 1, effective March 20.

Editor's note: (1) Amendments to subsection (2) by House Bill 00-1178 and House Bill 00-1142 were harmonized, effective July 1, 2001.

(2) Amendments to subsection (2) by House Bill 10-1167 and House Bill 10-1113 were harmonized.

Cross references: For rule-making procedures, see article 4 of title 24.


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