1 Colo. Code Regs. § 211-3-5

Current through Register Vol. 47, No. 13, July 10, 2024

Rule 1 CCR 211-3-5 - PDL ISSUANCE

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 describe when a PDL must be denied due to ineligibility, Hearing Officer discretion to issue a PDL to eligible respondents, and Hearing Officer discretion to determine the specific restrictions of a PDL.

A. The Hearing Officer shall review the Respondent's Driver Record for the purposes of ensuring that the Respondent is eligible for a PDL. The Hearing Officer shall deny a PDL in the following circumstances:

1. The Respondent has another active or pending Restraint for which they are not fully eligible for reinstatement, and which Restraint does not permit the issuance of a PDL;

2. The Respondent has never held a valid driver's license issued by Colorado or any other state;

3. The Respondent has an outstanding violation, where a conviction would result in a Restraint for which no PDL is available;

4. The Respondent has had a PDL within 7 years of the hearing date, unless the Hearing Officer makes specific findings that the mitigating factors outweigh this serious aggravating factor. Prior issuance of a PDL is alone sufficient reason for denial.

B. In any hearing where the Hearing Officer has discretion to issue or deny a request for a PDL, the aggravating and mitigating factors set forth in these Rules shall be used to determine whether or not a request for a PDL will be approved.

C. If the Hearing Officer authorizes the PDL, the Hearing Officer must then determine, based on the aggravating and mitigating factors, other information appearing on the Driver Record, and information gathered at the hearing, the terms, conditions and restrictions under which the PDL will issue.

D. Any PDL issued must include all restrictions and conditions required by applicable statute.

E. A PDL shall not include operation of any commercial motor vehicle as defined by law, or driving on the job for any Respondent under the age of seventeen.

F. A PDL shall not be used for operation of a motor vehicle outside of the State of Colorado.

G. If proficiency testing is required for reinstatement under the active or pending Restraint, the Hearing Officer may allow the Respondent to drive under the authority of the PDL to complete such proficiency testing.

1 CCR 211-3-5

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

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