C08-0855Decision No. C08-0855
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-364TRDOCKET NO. 08R-364TR
IN THE MATTER OF THE TEMPORARY RULES PERTAINING TO LUXURY LIMOUSINES OPERATED DURING THE DEMOCRATIC NATIONAL CONVENTION.
ORDER ADOPTING TEMPORARY RULES
Mailed Date:  August 13, 2008
Adopted Date:  August 13, 2008
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of temporary rules pertaining to luxury limousines operated during the Democratic National Convention.  For the reasons set forth in this decision, the Commission adopts on a temporary basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the temporary rules appended in Attachment A.
2.	Now being fully advised in the matter and as more fully discussed below, we adopt temporary Rules 6103(a)(VII) and 6308(a)(II)(C).
B.	Background
3.	In Decision No. C08-480-I, the Commission ordered Commission Staff (Staff) to continue its investigation under Docket No. 08I-053CP of the transportation needs during the Democratic National Convention and to recommend any additional actions needed by the Commission. Subsequently, Staff has advised the Commission that during the Democratic National Convention on August 25 through August 28, 2008, there is a severe shortage, if any are available at all, of full size sedans and sport utility vehicles, including those identified in Rule 6308(a)(II), that can be leased from rental car agencies. This shortage is due to a high demand for such vehicles by local and federal law enforcement and protective service agencies. Representatives of the luxury limousine industry have advised Staff that they are now trying to obtain rental vehicles that are in compliance with Rule 6308(a)(II) from rental agencies as far away as Steamboat Springs.
4.	Rule 6103(a) of the Commission’s Safety Rules establishes external markings requirement for motor vehicles. Specifically, with regard to motor vehicles with seating capacities of fifteen or less Rules 6103(a)(I), (II), and (III) state:
(a)	With regard to the external markings of motor vehicles:
(I)	All markings shall be in accordance with 49 C.F.R. § 390.21(c) and (d) as it pertains to size, shape, location, color, construction, and durability.
(II)	The markings shall contain all of the following information, as applicable:
*	*	*
(B)	The letter and/or number designation of the common carrier certificate(s), the contract carrier permit(s), the exempt passenger carrier registration(s), the towing carrier permit(s), and the household goods mover registration(s), as applicable, preceded by the letters "CO PUC" or "PUC."
*	*	*
(III)	Motor vehicles operated by a regulated intrastate carrier or an exempt passenger carrier having a seating capacity of fifteen or less may meet all of the requirements of subparagraphs (I) and (II) of this paragraph if the such carrier affixes the marking required by subparagraph (II)(B) so as to be readily visible to both the front and rear of the motor vehicle.
5.	Rule 6308 establishes the vehicle categories for luxury limousines. Specifically, Rule 6308(a)(II) states:
(a)	A luxury limousine shall fit one or more of the following categories:
*	*	*
(II)	Executive car, which is a motor vehicle that has four doors and is:
(A)	a sedan including Acura RL, Audi A8 Series, Audi A6 Series, Audi S8 Series, Bentley Continental Flying Spur, Bentley Arnage, BMW 7 Series, BMW 5 Series, BMW Alpina, BMW M5, Cadillac DTS, Chrysler 300, Ferrari 612, Infiniti M Series, Jaguar S-Type, Jaguar Vdp Lwb, Jaguar XJ Series, Jaguar X-Type Series, Jaguar Super, Lexus LS Series, Lexus G Series, Lexus E Series, Lincoln Town Car, Maserati Quattroporte, Maybach 57 Series, Maybach 62 Series, Mercedes-Benz S Class Series. Mercedes-Benz E Class Series, or Rolls Royce Phantom; or
(B)	a sport utility vehicle including Audi Q7, Cadillac Escalade, Chevrolet Suburban, Ford Excursion, Ford Expedition, GMC Yukon, Hummer (all models, excluding sport utility truck version), Infiniti QX, Lexus LX, Lincoln Navigator, Mercedes-Benz M Class Series, Mercedes-Benz G Class Series, or Mercury Mariner Hybrid with livery package.
C.	Luxury Limousine Categories
6.	To ensure the luxury limousine industry is able to provide transportation service to its customers while also ensuring public safety and consumer protection in the public interest during the Democratic National Convention, the Commission adopts the following temporary Rule 6308(a)(II)(C):  
(a)	A luxury limousine shall fit one or more of the following categories:
*	*	*
(II)	Executive car, which is a motor vehicle that has four doors and is:
*	*	*
(C)	An executive car includes a similarly sized sedan or sport utility vehicle to those listed in subparagraphs (II)(A) and (B) of this paragraph. This temporary rule (i.e., subparagraph 6308(a)(II)(C)) expires at 12:01 a.m. on September 5, 2008.
7.	To facilitate the implementation of temporary Rule 6308(a)(II)(C) and to avoid undue damage to the exterior of motor vehicles leased for operation only during the Democratic National Convention, the Commission adopts the following temporary Rule 6103(a)(VII):
(a)	With regard to the external markings of motor vehicles:
*	*	*
(VII)	A motor vehicle leased for operation during the Democratic National Convention by an exempt passenger carrier as a luxury limousine having a seating capacity of fifteen or less may meet all of the requirements of subparagraphs (I) and (II) of this paragraph if the carrier places a placard on the dashboard with the marking required by subparagraph (II)(B) so as to be readily visible through the windshield of the motor vehicle. This temporary rule (i.e., subparagraph 6103(a)(VII)) expires at 12:01 a.m. on September 5, 2008.
8.	This action was taken in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
9.	The rules attached to this order shall be effective for the period of August 15, 2008, through September 4, 2008.  Temporary Rules 6103(a)(VII) and 6308(a)(II)(C) shall expire at 12:01 a.m., Mountain Daylight Time, on September 5, 2008, at which time any motor vehicles operated under temporary Rule 6308(a)(II)(C) shall no longer be operated as luxury limousines.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as temporary rules consistent with the above discussion.  The rules appended to this Decision as Attachment A shall be effective from August 15, 2008, through September 4, 2008, inclusive.
2.	The temporary rules adopted under this docket shall expire at 12:01 a.m., Mountain Daylight Time, on September 5, 2008.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
August 13, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners
	
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