24-60-2101. Compact approved and ratified. The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of
the state of Colorado with any of the United States or other jurisdictions
legally joining therein in the form substantially as follows:
ARTICLE I
Findings, Declaration of Policy, and Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic violation in
a jurisdiction other than his home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a
later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may be deposited
as collateral to be returned after he has complied with the terms of the
citation.
(3) The purpose of the practices described in paragraphs (1) and (2)
above is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue on his way after receiving the traffic
citation, could return to his home jurisdiction and disregard his duty under
the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home jurisdiction is
permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation and to immediately continue on his way
after promising or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at the
time to post collateral, furnish a bond, stand trial, or pay the fine, and thus
is compelled to remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as described in
paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue amount of law
enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of the
jurisdictions.
(2) Allow motorists to accept a traffic citation for certain violations
and proceed on their way without delay whether or not the motorist is a
resident of the jurisdiction in which the citation was issued.
(3) Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and
assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph (b)
above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators
operating within party jurisdictions in recognition of the motorist's right of
due process and the sovereign status of a party jurisdiction.
ARTICLE II
Definitions
As used in this compact, unless the context requires otherwise:
(a) "Citation" means any summons, ticket, or other official document
issued by a police officer for a traffic violation containing an order which
requires the motorist to respond.
(b) "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
(c) "Compliance" means the act of answering a citation, summons or
subpoena through appearance at court, a tribunal, and/or payment of fines and
costs.
(d) "Court" means a court of law or traffic tribunal.
(e) "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of the home jurisdiction.
(f) "Home jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
(g) "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
(h) "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, Commonwealth of Puerto Rico, Provinces
of Canada, or other countries.
(i) "Motorist" means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.
(j) "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that he will comply with the
terms of that traffic citation.
(k) "Police officer" means any individual authorized by the party
jurisdiction to issue a citation for a traffic violation.
(l) "Terms of the citation" means those options expressly stated upon the
citation.
ARTICLE III
Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a driver's
license issued by a party jurisdiction and shall not, subject to the
exceptions noted in paragraph (b) of this article, require the
motorist to post collateral to secure appearance, if the officer
receives the motorist's personal recognizance that he or she will
comply with the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place immediately
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic
citation, the appropriate official shall report the failure to
comply to the licensing authority of the jurisdiction in which the
traffic citation was issued. The report shall be made in accordance
with procedures specified by the issuing jurisdiction and shall
contain information as specified in the compact manual as minimum
requirements for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing
jurisdiction shall transmit to the licensing authority in the home
jurisdiction of the motorist, the information in a form and content
as contained in the compact manual.
(e) The licensing authority of the issuing jurisdiction need not suspend
the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation if the date of transmission is
more than six months after the date on which the traffic citation
was issued.
(g) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation where the date of issuance of
the citation predates the most recent of the effective dates of
entry for the two jurisdictions affected.
ARTICLE IV
Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from the licensing
authority of the issuing jurisdiction, the licensing authority of the home
jurisdiction shall notify the motorist and initiate a suspension action, in
accordance with the home jurisdiction's procedures, to suspend the motorist's
driver's license until satisfactory evidence of compliance with the terms of
the traffic citation has been furnished to the home jurisdiction licensing
authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a
record of actions taken and make reports to issuing jurisdictions as provided
in the compact manual.
ARTICLE V
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
jurisdiction to apply any of its other laws relating to license to drive
to any person or circumstance, or to invalidate or prevent any driver
license agreement or other cooperative arrangements between a party
jurisdiction and a nonparty jurisdiction.
ARTICLE VI
Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and
to serve as a governing body for the resolution of all matters relating
to the operation of this compact, a board of compact administrators is
established. The board shall be composed of one representative from
each party jurisdiction to be known as the compact administrator.
The compact administrator shall be appointed by the jurisdiction
executive and will serve and be subject to removal in accordance
with the laws of the jurisdiction he represents. A compact
administrator may provide for the discharge of his duties and the
performance of his functions as a board member by an alternate. An
alternate may not be entitled to serve unless written notification of
his identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled
to one vote. No action of the board shall be binding unless taken at
a meeting at which a majority of the total number of votes on the board
are cast in favor. Action by the board shall be only at a meeting at
which a majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairman and
vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the provisions of
this compact or the laws of a party jurisdiction, for the conduct of its
business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive,
utilize and dispose of the same.
(f) The board may contract with, or accept services or personnel from any
governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact. All procedures and forms adopted pursuant to board action
shall be contained in the compact manual.
ARTICLE VII
Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been adopted by at
least two jurisdictions.
(b) (1) Entry into the compact shall be made by a resolution of
ratification executed by the authorized officials of the applying
jurisdiction and submitted to the chairman of the board.
(2) The resolution shall be in a form and content as provided in the
compact manual and shall include statements that in substance are
as follows:
(i) A citation of the authority by which the jurisdiction is
empowered to become a party to this compact.
(ii) Agreement to comply with the terms and provisions of the
compact.
(iii) That compact entry is with all jurisdictions then party to the
compact and with any jurisdiction that legally becomes a party
to the compact.
(3) The effective date of entry shall be specified by the applying
jurisdiction, but it shall not be less than sixty days after
notice has been given by the chairman of the board of compact
administrators or by the secretariat of the board to each party
jurisdiction that the resolution from the applying jurisdiction
has been received.
(c) A party jurisdiction may withdraw from this compact by official written
notice to the other party jurisdictions, but a withdrawal shall not
take effect until ninety days after notice of withdrawal is given.
The notice shall be directed to the compact administrator of each
member jurisdiction. No withdrawal shall affect the validity of this
compact as to the remaining party jurisdictions.
ARTICLE VIII
Exceptions
The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law governing
the transportation of hazardous materials.
ARTICLE IX
Amendments to the Compact
(a) This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chairman of the board of compact
administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective thirty days after the date
of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman
within one hundred twenty days after receipt of the proposed amendment
shall constitute endorsement.
ARTICLE X
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
stated herein. The provisions of this compact shall be severable and if any
phrase, clause, sentence, or provision of this compact is declared to be
contrary to the constitution of any party jurisdiction or of the United States
or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the compact shall not be affected thereby. If this compact
shall be held contrary to the constitution of any jurisdiction party thereto,
the compact shall remain in full force and effect as to the remaining
jurisdictions and in full force and effect as to the jurisdiction affected as
to all severable matters.
ARTICLE XI
Title
This compact shall be known as the Nonresident Violator Compact of 1977.
24-60-2102. Licensing authority - definition.
As used in the compact, the term "licensing authority", with reference to
this state, means the executive director of the department of revenue.
Said executive director shall furnish to the appropriate authorities of
any other party jurisdiction any information or documents reasonably
necessary to facilitate the administration of articles III and IV of
the compact.
24-60-2103. Compact administrator - expenses.
The compact administrator provided for in article VI of the compact
shall not be entitled to any additional compensation on account of
his service as such administrator but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
24-60-2104. Jurisdiction executive - definition. As used in the compact,
with reference to this state, the term "jurisdiction executive" means the
governor.
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Last Updated : Feb 25, 1997