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Title 40, Article 10.1, C.R.S. governs the Commission's role in the regulation of Towing Carriers. Towing Carriers are subject to permit, rate (nonconsensual tows only), insurance, and bonding requirements.
The applicable governing statutes are summarized immediately below.
1. Set rates for nonconsensual tows. Section 40-10.1-106, C.R.S.
2. Issue permits to operate. Section 40-10.1-401, C.R.S.
A towing carrier permit is required for those who operate in intrastate commerce. Section 40-10.1-401(1)(a), C.R.S. ( Private carriers are not required to have a towing permit.)
The Commission shall issue a permit upon completion of an application, filing of proof of workers' compensation insurance coverage, the filing of proof of a surety bond, and the filing of proof of commercial liability insurance, cargo insurance, and if applicable, garage keepers insurance. Section 40-10.1-401(3)(a), C.R.S.
The Commission may deny an application:
of a person who has within the immediately preceding 5 years been convicted of, or pled guilty or nolo contendere to a felony (40-10.1-401(2), C.R.S.); or
of a motor carrier whose permit has been revoked for cause more than twice. Upon the third revocation, this carrier is not eligible for a permit for two years. Section 40-10.1-112(4), C.R.S. (Note: "revoked for cause" does not include revocation for failure to carry the required insurance.)
3. Take enforcement actions. Section 40-10.1-112, C.R.S. Upon notice to the carrier and proof of violation the Commission may take action against a towing carrier for the following reasons:
4. Establish annual filing fees. Section 40-10.1-111(1)(c). The filing fee for a permit to operate under part 4 of this article (Towing) is one hundred fifty dollars.
5. Establish annual motor vehicle fees. Section 40-10.1-111(1)(f). Annually, the Commission administratively sets the annual fee for each motor vehicle a carrier owns, controls, operates or manages.