C08-1130Decision No. C08-1130
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-478TRDOCKET NO. 08R-478TR
IN THE MATTER OF THE PROPOSED RULES REGULATING TRANSPORTATION BY MOTOR VEHICLE, 4 CODE OF COLORADO REGULATIONS 723-6.
notice of proposed rulemaking
Mailed Date:	October 30, 2008
Adopted Date:	October 29, 2008
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding proposed Rules Regulating Transportation by Motor Vehicle.  A copy of the proposed rules is attached to this NOPR.
2.	The attached proposed rules appear in legislative (strikeout/underline) format.  Amendments are proposed to both existing permanent and emergency rules.  To the extent that interested persons wish to understand the amendments previously made on an emergency basis, the following Commission decisions should be consulted:  R08-0669, C08-0625, and C08-0626.
3.	The basis and purpose of the proposed rules is generally to describe the manner of regulation over persons providing transportation service by motor vehicle in the State of Colorado.  More specifically, the basis and purpose of the proposed rules is to implement House Bills 08-1216 and 08-1227; to make modifications to advertising rules; to consolidate the rules on revocation, suspension, alteration, or amendment of certain authorities, permits, and registrations; to clarify the applicability of the Unified Carrier Registration Agreement (UCR); to increase the flat rate for taxi service to and from Denver International Airport (DIA); to clarify the rules regarding luxury limousine exterior signs and graphics, and operational requirements; to increase the towing and storage rates and charges for non-consensual tows; and to add a consumer advisement and binding arbitration rule for household goods movers.
4.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-2-116, 40-3-102, 40-5-105, 40-7-113(2), 40-10-105(2)(c), 40-10-105.5(5), 40-10-111, 40-10.5-102(2)(c), 40-11-103(1), 40-11-105, 40-13-104(1), 40-13-107, 40-14-108(1), 40-14-110, 40-16-103.8, 40-16-104.5(5), and 40-16-105(1), C.R.S.
5.	This NOPR generally proposes to make the following amendments, without limitation, to the Rules Regulating Transportation by Motor Vehicle (rule numbers below appear in abbreviated form; e.g., rule 6001(ss) of 4 Code of Colorado Regulations (CCR) 723-6 appears as rule 6001(ss)):
a)	Proposed rule 6001(a) establishes a definition of the term “advertise” as used in proposed rule 6016, which, in addition to household goods movers, establishes advertising requirements for common carriers, contract carriers, and exempt passenger carriers.  Corresponding rules 6601(b) and 6606 are deleted.
b)	Proposed rules 6001(r) through (w) delete the reference to “NARUC” as the reference is no longer applicable.  A corresponding deletion of existing rule (uu) is also made.
c)	Proposed rule 6001(ii) establishes the definition of “luxury limousine service” that is used throughout the rules.  Corresponding amendments are made to proposed rule 6001(hh).
d)	Proposed rule 6006(b) deletes the reference to the Colorado Department of Revenue as it is no longer applicable.
e)	Proposed rule 6008(a)(II)(B) establishes a criterion for cancellation of an insurance filing upon failure of the issuing insurance company to respond to an inquiry from the Commission requesting verification of the insurance coverage.
f)	Proposed rule 6008(c) consolidates into a single rule the revocation, suspension, alteration, and amendment rules found elsewhere in the rules.  Corresponding rule deletions are made to rules 6204, 6306, 6505, and 6604.
g)	Proposed rule 6009(b) will amend and establish, on a permanent basis, the existing emergency rule for annual identification fees. 
h)	Proposed rule 6009(i) clarifies the applicability of the UCR with regard to calculating fees.  Correspondingly, amendments are made to rules 6009(g) and (h), and rule 6401(c) is deleted. 
i)	Proposed rule 6011(a) amends the applicability for filing a designation of agent.
j)	Proposed rule 6015 will amend the existing emergency rule for fingerprint-based criminal history background checks.  Amendments to this rule are also made pursuant §§ 40-10-105.5 and 40-16-104.5, C.R.S., which statutory provisions were amended by House Bill 08‑1227.
k)	Proposed rule 6017(l) amends the civil penalty assessment notice rule to include the surcharge required by § 24-34-108(2), C.R.S., as enacted by House Bill 08-1216.
l)	Proposed rule 6102(a) updates the versions of 49 C.F.R. that are incorporated by reference.
m)	Proposed rules 6203(a)(III), (IV) and (V); 6303(a)(IV), (V), and (XIII); 6503(b)(IV) and (V); and 6603(a)(IV) and (V) are established and amended to provide uniformity in the type of information requested in the applications and registrations.
n)	Proposed rules 6203(a)(X), (XII), (XIII), and (XIV); and 6205(c)(I), (II), (XIII), and (XIV) will establish, on a permanent basis, the existing emergency rule pertaining to certificates of public convenience and necessity to provide taxicab service.
o)	Proposed rule 6207(i)(III) amends the rule so that it applies to call-and-demand limousine, scheduled, special bus, or taxicab service, but not to sightseeing service.
p)	Proposed rule 6210 amends the driver courtesy rule so that it applies with regard other persons in addition to passengers.
q)	Proposed rule 6252 amends the rule to allow the notice to be placed on the back of the front seat as an alternative to the left window behind the driver.
r)	Proposed rule 6256(f) is amended to increase the flat rate for taxi service to and from Denver International Airport based on the lowest meter rate on file with the Commission.
s)	Proposed rules 6301(a) and (b) establish definitions for “charter basis” and “chartering party.”
t)	Proposed rule 6304(a) and the corresponding deletion of rule 6304(c) clarify the use of exterior signs and graphics on a luxury limousine.
u)	Proposed rule 6305(a) amends the rule so that the features apply at all times.
v)	Proposed rule 6308(a)(II) is amended to include an additional vehicle that is categorized as an executive car.
w)	Proposed rule 6308(a)(IV) is amended by deleting language that is redundant.
x)	Proposed rule 6309 is amended to specify the date at which the rule became effective and to clarify the applicability of the qualification status.
y)	Proposed rule 6310(b) clarifies the type of service to be classified as luxury limousine service.
z)	Proposed rule 6310(c) is amended to provide a period of time for stationing of luxury limousines.
aa)	Proposed rule 6501(b) clarifies that a towing carrier may be an authorized agent of the owner or lessee of the motor vehicle.
bb)	Proposed rule 6501(h)(I) is amended by deleting language that is redundant of language found in rule 6000.
cc)	Proposed rule 6508(b)(II)(A) clarifies the timeframe for obtaining the authorization.
dd)	Proposed rule 6508(c) clarifies that the motor vehicle must be released without charge.
ee)	Proposed rule 6509(a)(VII) amends the rule so that this information need not be duplicated if it is also found in the authorization document.
ff)	Proposed rules 6511(b)(I), (d), (e), (g), and (h) are amended to increase the rates and charges based on the Consumer Price Index.
gg)	Proposed rule 6511(d)(V) clarifies paragraph (IV) regarding access to the motor vehicle for the purpose of removing personal property.
hh)	Proposed rule 6511(k) establishes a requirement that a towing carrier accept at least two forms of payment for the rates and charges related to non-consensual tows.  A corresponding amendment is made to rule 6512(a).
ii)	Proposed rule 6512(b)(II)(A) clarifies the time at which the rule applies.
jj)	Proposed rule 6512(d) establishes a rule to clarify that the towing carrier may require verification of a person’s authority to take possession of a towed motor vehicle.
kk)	Proposed rules 6603(d)(II) amends and establishes, on a permanent basis, the existing emergency rule regarding fingerprint-based criminal history record checks.
ll)	Proposed rules 6608(a) and (b)(X) amend the cost information required for estimates and contracts.
mm)	Proposed rules 6608(b) and (d) clarify that a copy of the documents must be left with the shipper.
nn)	Proposed rule 6608(f) establishes a requirement that the mover must provide the shipper with a completed final bill, including any amendments, upon completion of the move.
oo)	Proposed rule 6609(a) establishes a rule requiring a consumer advisement pursuant to § 40-14-108(4), C.R.S.
pp)	Proposed rule 6609(b) establishes a rule requiring a mover to offer binding arbitration pursuant to § 40-14-114, C.R.S.
qq)	Various proposed rules correct inaccurate cross-references and grammatical errors.
6.	The Commission specifically welcomes comments to proposed Rule 6015 (fingerprint-based criminal history background checks) with regard to appropriate measures and lengths of time for initial driver disqualification.  The Commission is also interested in the advisability of additions to the proposed rules regarding initial driver disqualifications for criminal prosecutions that did not result in convictions, e.g., whether drivers should be disqualified for any of the following, without limitation: verdicts of not guilty by reason of insanity, dismissals unrelated to the merits of the criminal proceedings such as cooperation in other prosecutions and/or investigations, suppressed evidence, or police and/or prosecutorial misconduct.
7.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed rules, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than November 24, 2008.  Reply comments should be submitted by December 1, 2008.  The Commission will consider all submissions, whether oral or written.
8.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
II.	ORDER
A.	The Commission Orders That:
1.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	December 4, 2008
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
2.	The ALJ may set additional hearings, if necessary.
3.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted no later than November 24, 2008.  Reply comments should be submitted by December 1, 2008.
4.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
October 29, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER JAMES K. TARPEY
ABSENT.
	
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