HMP 3.2 - CONDITIONS APPLICABLE TO HAZARDOUS MATERIALS PERMITS
Several conditions apply to the issue and use of annual hazardous materials permits. These conditions, detailed within applicable statutes, also include but are not limited to the following specifically identified requirements:
HMP 3.2.1 USDOT Number Required.
Hazardous materials transporters within the state of Colorado are required to obtain a USDOT identification number under the provisions of 49 CFR 390.19 before the submission of an annual permit application.
HMP 3.2.2 Annual Permit Fee Affected by Number of Vehicles.
The fee assessed by the CDOT for an annual permit is determined by the number of vehicles being permitted and will be as described within Section 42-20-202 (1) (b), CRS.
HMP 3.2.3 Must Communicate an Increase in Vehicles to CDOT.
Any increase in the total number of declared vehicles permitted to be operating within or through Colorado must be communicated in writing through the completion of an amended request and the payment of any additional fees determined to be due to the CDOT.
HMP 3.2.4 Must Obtain and Maintain Public Liability Insurance Consistent with Section 42-20-202 (2) (a) and (3) (a), CRS.
Persons applying for and receiving an annual hazardous materials transport permit must always obtain and maintain public liability insurance or a surety that must not be less than the minimum limits established within 49 CFR 387 with schedules and endorsements covering all vehicles that may be operated by, for, or under the control of the applicant or permit holder. Applicant must cause to file with the CDOT one of the following:
HMP 3.2.4.1 A National Association of Regulatory Utility Commission (NARUC) "Form E," "Uniform Major Carrier Bodily Injury and Property Damage Liability Certificate of Insurance," executed by a duly authorized agent of the insurer. Also required with this filing is the MCS-90, "Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980," issued by an insurer or insurers, and signed by an authorized representative of the insurance company or companies;
HMP 3.2.4.2 A Form MCS-82, "Motor Carrier Surety Bond for Public Liability under Section 30 of the Motor Carrier Safety Act of 1980," issued by a surety, and signed by an "Attorney-in-Fact," with a copy of the Power of Attorney attached; or
HMP 3.2.4.3 A copy of a written decision, order, or authorization of the FMCSA authorizing the motor carrier to self-insure under 49 CFR 387.309.
HMP 3.2.5 All Liability or Insurance Coverage Must Match the Exact Name.
All insurance and surety forms coverage must be filed using or under the exact name, initial, corporate, and trade name if any, and address, as it is included in the annual hazardous materials permit application filed and maintained by the CDOT.
HMP 3.2.6 Notice of Insurance or Surety Cancellation or Non-Renewal Required.
Every insurance certificate or surety bond required by and filed with the CDOT must be kept in full force and effect, unless and until canceled by a 30-day written notice or not renewed by a 90-day written notice on a NARUC "Form K," (Uniform Notice of Cancellation of Motor Carrier Insurance Policies); "Form BMC 35," (Notice of Cancellation Motor Carrier Insurance); or "Form BMC 36," (Notice of Cancellation of Motor Carrier Surety Bond), as may be appropriate, from the insurer or surety to the CDOT. The 30-day and 90-day notice will commence from the date the notice is received by the CDOT and the insurance certificate or surety bond must contain a statement to this effect.
HMP 3.2.7 No Unauthorized Alterations.
No annual permit is to be altered, amended, or copied unless authorized in writing by the CDOT or, in the case of a single trip permit (as discussed within HMP 3.3 of these rules), by an Enforcement Official.
HMP 3.2.8 Permits Must be Available for Inspection.
The required permits must be readily available for inspection as required by Section 42-20-203, CRS. This requirement is met if a Peace Officer or Enforcement Official can electronically verify the permit is valid at the time of contact.
Notes
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