1 Colo. Code Regs. § 211-3-1

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 1 CCR 211-3-1 - DEFINITIONS

Basis and Purpose: This Rule is promulgated pursuant to §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126(3)(b), 42-2-127, and 42-2-127.9, C.R.S. The purpose of this Rule is to define words and terms of art used in these Rules and in the administrative proceedings held by the Colorado Department of Revenue's Hearings Division in which a PDL is either issued or denied.

A. "Base Period" - Means six months.

B. "Carelessness" - Means either:

1. Driving that meets the definition of carelessness under § 42-4-1402, C.R.S. and resulted in a conviction for Careless Driving appearing in a Respondent's Driver History; or

2. Driving that meets the definition of carelessness under § 42-4-1402, C.R.S. but did not result in a conviction for Careless Driving.

C. "Department" - The Colorado Department of Revenue.

D. "Driver History" - The Department's computer-generated report on a specific driver, including, but not limited to: the driver's name, address, and license status; documents issued to the driver; and abstracts of citations, Restraints, outstanding judgments and unpaid citations.

E. "Driver Record" - Any and all records pertaining to the Respondent held by the Department pursuant to § 42-2-121, C.R.S.

F. "Evidence of Insurance" - Proof provided by the Respondent to the Department that the Respondent has a compliant insurance policy in full force and effect as required by Part 6 of Article 4 of Title 10, C.R.S. Proof may be made through presentation of either a copy of such complying insurance policy or a card issued to the Respondent by the insurance carrier reflecting such policy.

G. "Hearing Officer" - An authorized representative of the Executive Director of the Department, with the statutory authority to conduct hearings pursuant to Titles 24 and 42, C.R.S.

H. "PDL" or "Probationary Driver's License" - A document issued by the Department authorizing a driving privilege restricted to driving only at certain times and locations and for certain purposes established either by statute, by rule, or upon terms and conditions set forth by a Hearing Officer at hearing. PDLs may be issued for a period no longer than the term of the suspension under which the license is authorized.

I. "PDL Restrictions Page" - A document issued by the Department that authorizes and sets forth the specific terms and conditions of the PDL. The PDL Restrictions Page must be carried with the PDL for the term of the suspension under which the PDL is authorized.

J. "Respondent" - The person whose driving privilege is the subject of the hearing.

1 CCR 211-3-1

46 CR 20, October 25, 2023, effective 11/29/2023

47 CR 07, April 10, 2024, effective 5/1/2024