DEPARTMENT OF TRANSPORTATION
Transportation Commission
RULES PERTAINING TO TRANSPORT PERMITS FOR THE MOVEMENT OF EXTRA-LEGAL VEHICLES OR LOADS
2 CCR 601-4
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[No changes from Chapter 1, Rule 100 to Rule 101]
102	Statement of Basis and Purpose and Statutory Authority
The July 2015 rulemaking was initiated to conform the rules to a change in HB14-1160, codified at § 42-4-510(11)(a)(VII)(D), C.R.S., which created a new annual fleet permit for non-interstate overweight divisible loads pertaining to power units utilizing a trailer with two or three axles. Additionally, the Department is clarifying height restrictions in conformance with § 42-4-504(1), C.R.S., incorporating processes for the new electronic permitting system, and conforming the Auxiliary Power Unit (“APU”) requirements to a change in weight made in MAP-21 (23 U.S.C. 127), increasing the APU from 400 to 550 lbs.  Thereafter, with the passage of the FAST Act, codified at 23 U.S.C. 127, a rulemaking was initiated in 2016 to conform the requirements of the Act and make other minor changes. 
In 2016, the Department updated the rules to conform to the requirements of the FAST Act, codified at 23 U.S.C. 127, and to make other minor changes. Thereafter, in 2017, a rulemaking was initiated at the request of the Office of Legislative Legal Services to bring the incorporation by reference section from the 2016 rulemaking into compliance with the requirements of the Administrative Procedure Act under § 24-4-103, C.R.S.
Specific statutory authority for the Colorado Transportation Commission to adopt and promulgate Rules pertaining to Transport Permits for the operation or movement of Extra-legal Vehicles or Loads, is contained in § § 42-4-510 (1)(b), 511(1), and § 43-1-106(8)(k), C.R.S. Various permits issued under the law require restrictions or conditions for movement which includes using Pilot Escort Vehicles to accompany the movement of Loads, in an effort to protect the health, safety and welfare of the traveling public. Conditions for requirements prescribed by the Department are statutorily authorized under § 42-4-510 (3), C.R.S.
The purpose of the Rules is to comply with state statutes that allow the movement on State Highways of Vehicles and Loads exceeding Legal Limits provided that the Department issues a permit for such Vehicles and Loads. Section 42-4-510 (3), C.R.S. authorizes the Department to prescribe conditions of operation for the movement of Extra-Legal Loads.
]No changes from Chapter 1, Rule 103 to Chapter 10, Rule 1004]
CHAPTER 11 INCORPORATION BY REFERENCE

1100	 The Rules are intended to be consistent with and not be a replacement for the federal requirements set forth in “Fixing America’s Surface Transportation Act” or the “FAST Act” codified at 23 U.S.C. 127 effective as of October 1, 2016, and the regulations set forth under Title 23 of the Code of Federal Regulations, effective as of October 1, 2016, and the “Manual on Uniform Traffic Control Devices (MUTCD),” FHWA, 2009 edition with Revision Numbers 1 and 2 Incorporated, dated May 2012, which are hereby incorporated into these Rules by reference, and do not include any later amendments.
1101	All referenced laws and regulations shall be available for copying for a reasonable charge or for public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204.
1102	Copies of the referenced material may be obtained from the following locations:
	1102.1	Copies of the referenced United States Code may be obtained from the following address: 

Office of the Law Revision Counsel
U.S. House of Representatives
H2-308 Ford House Office Building 
Washington, DC 20515 
(202) 226-2411
	1102.2	Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office 
732 North Capitol Street, N.W. 
Washington, DC 20401
(202) 512-1800
	1102.3  Copies of the MUTCD may be obtained from the following address:

Office of Transportation Operations
Federal Highway Administration, Mail Stop: E84-402
1200 New Jersey Avenue, S.E.
Washington, DC 20590

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