Colorado Driver Licenses and the Non- Ci4zen Client
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Colorado Driver Licenses and the Non-‐Ci4zen Client
Today’s
Topics
1. Traffic
Issues
Legal
Framework
(ALS)
|
Suspensions
SR-‐22
Insurance
|
ProbaBonary
Licenses
|
RevocaBons
2. Out-‐of-‐State
&
InternaBonal
Drivers
IDLC
|
NRVC
|
NDR
|
Non-‐Resident
Drivers
|
Int’l
Reciprocity
|
1949
Geneva
ConvenBon
|
SSN
Issues
3. ExcepBons
Processing
U.S.
CiBzens
|
Lawful
Permanent
Residents
Temporary
Presence
/
Status
|
Unlawful
Presence
4. Fraud
InvesBgaBons
Risk
Factors
|
Pot.
Consequences
|
Agg./Mit.
Factors
|
Hearing
Procedure
5. SB-‐251,
CO-‐RCSA
Overview
|
Current
Issues
|
TLPs
|
ULPs
|
Appointment
Scheduling
6. SAVE
Issues
Required
informaBon
|
Standard
Process
|
Manual
VerificaBon
|
CorrecBng
Info
7. Habitual
Traffic
Offender
HTO
|
Driving
while
Rev.
Prohibit.
|
Agg.
Driving
8. Aggravated
DUI
AZ’s
Aggravated
DUI
Offense
&
ImplicaBons
for
Colo.
9. DMV
Hearings
Overview
|
ConsideraBons
Note:
I
will
not
be
spending
much
Bme
on
alcohol-‐driving
DMV
issues,
which
merit
their
own,
in-‐depth
treatment.
For
reasons
of
Bme
and
complexity,
I
will
for
the
most
part
not
address
issues
involving
minors.
Traffic Issues Colorado’s ALS System
Legal
Framework
• Post-‐ConvicBon
v.
Admin.
License
Suspension
(ALS)
• As
of
2014,
41
States
had
ALS
schemes,
inc.
Colorado.
• Features
of
ALS
schemes:
– Pre-‐convicBon
suspension
in
some
instances;
– 2-‐track
system:
AdministraBve
&
Criminal/Traffic;
and,
– PotenBal
for
mulBple
suspension
periods
as
a
result
of
same
charge:
pre-‐
&
post-‐
convicBon.
Forms
of
Restraint
in
Colorado
Suspension
Revoca4on
!
Generally,
a
maximum
of
1
year
!
Generally,
a
minimum
of
1
year
and
a
!
Base
period
of
6
months
maximum
of
5
years
for
a
single
offense
!
ProbaBonary
license
available
!
ProbaBonary
license
unavailable
!
Early
reinstatement
with
Interlock
restricted
license
available
for
alcohol
offenses
only
(fin.
assistance
may
be
available,
42-‐2-‐132.5(4))
Denial
Cancella4on
(42-‐2-‐122)
!
Self-‐explanatory
!
Physical
or
mental
incompetence
!
Fraud
/
MisrepresentaBon
/
Omission
on
applicaBon
!
RetroacBve
determinaBon
of
ineligibility
!
DeterminaBon
of
unlawful
presence
in
U.S.
!
Etc.
NOTE:
Falsely
applying
for
a
license
while
a
suspension
or
revocaBon
is
in
effect
is
a
criminal
offense.
42-‐2-‐132(3)
–
Class
2
Traffic
Misdemeanor.
Timing
of
Ac4on
• Wait-‐and-‐See
Offenses
include:
– Point
assessments
– No
Vehicle
Operator
License
(NVOL)
– Driving
under
RevocaBon
(DUR)
• Immediate
Administra4ve
Ac4on
when:
– DUI
– No
Possession
of
Insurance
(NPOI)
– Out-‐of-‐state
license
restraint
– Certain
other
offenses:
vehicular
homicide,
etc.
– Further
penalty
may
be
imposed
as
a
result
of
points
assessment
following
convicBon
License Suspensions Suspensions and PDLs
TYPICAL
SUSPENSIONS
Offense
DMV
Restraint
Point
Assess.
Early
Notes
(convic4on)
Eligibility
Points
Suspension
0-‐/6/-‐12
months✔
N/A
PDL
Eligible✔
CRS
§
42-‐2-‐127
(limited
purposes)
No
Insurance
(#1)
Indefinite
4
PTS
Varies#
financial
responsibility
act
(FRA)
suspension
|
CRS
42-‐2-‐127.7;
42-‐4-‐1409
No
Vehicle
Op.
License
No
AutomaBc
3-‐6
PTS
N/A
3
PTS
(1st
off.);
6
PTS
(2+
off.)
Suspension
42-‐2-‐101(1),(11);
42-‐2-‐127(r)
UnsaBsfied
Judgment
Indefinite
N/A
N/A
Lots
of
opBons
for
parBal
saBsfacBon
&
restoraBon
of
DL
Out-‐of-‐State
Restraint
Indefinite
N/A
N/A
Interstate
Driving
Compact
–
must
resolve
with
restraining
state
Failure
to
Pay
Child
N/A
Special
hearing
procedures
and
Support
only
a
limited
probaBonary
license
available
|
42-‐2-‐127.5
✔
DiscreBonary
Common
Points
Assessments
(Assessments
follow
Convic4on)
Driver
Consecu4ve
12-‐Months
Consecu4ve
24-‐Months
Other
Adult
–
21+
years
12
points
18
points
N/A
Adult
–
18-‐(less
than)
21
9
points
12
points
14+
points
bet.
18-‐21
Minor
(under
18)
6
points
N/A
7
points
(prior
to
age
18)
Offense
Points
NVOL
#1
3
points
42-‐2-‐101(1),(11);
42-‐2-‐127(r)
NVOL
2+
6
points
42-‐2-‐101(1),(11);
42-‐2-‐127(r)
DWAI
8
points
DUI,
DUI
Per
Se
12
points
Reckless
Driving
8
points
“Simple”
Careless
Driving
(no
death)
4
points
ReducBons
for
Bmely
payment
of
fine
for
traffic
offense
or
infracBon:
3+
points
reduced
to
2;
2
points
reduced
to
one.
42-‐2-‐127(5.5)
Proba4onary Driver’s Licenses
Proba4onary
Driver’s
Licenses
(a.k.a.
PDLs
/
“RED
Licenses”)
Availability
!
Available
when
license
has
been
suspended,
depending
on
circumstances
!
Unavailable
when
license
revoked,
but
“Early
Reinstatement”
on
restricted
license
with
Interlock
available
in
alcohol
cases
Procedure
!
Request
hearing
!
Hearing
officer
considers
miBgaBng
and
aggravaBng
factors
!
Hearing
officer
determines
scope
of
limited
driving
privilege
Validity
!
Maximum
period
of
validity
is
the
length
of
underlying
restraint(s)
Considera4ons
!
Issuance
of
probaBonary
license
is
discreBonary
!
Hearing
Officer’s
decision
is
guided
by
regulaBons
at
1
CCR
211-‐3,
and
overarching
consideraBons
are
public
safety
and
modificaBon
of
future
driving
behavior
!
Hearing
Officer
will
balance
regulatory
aggravaBng
and
miBgaBng
factors
!
Hearing
Officer
may
require
maintenance
of
SR-‐22
insurance
coverage
Restric4ons
!
OperaBon
of
commercial
vehicle
prohibited
on
PDL
!
Driving
while
at
work
prohibited
if
under
age
17
!
PDL
can’t
be
issued
to
a
person
who
has
never
held
a
license
in
any
State.
!
PDL
can’t
be
issued
where
pending
case
could
lead
to
restraint
w/no
PDL
opBon
!
If
driver
has
ever
had
prior
PDL,
then
second
PDL
will
generally
not
be
issued
!
PDL
may
be
limited
to
driving
for
employment,
educaBon,
childcare,
etc.
AggravaBng/MiBgaBng
Factors
Aggrava4ng
Mi4ga4ng
!
Collision
involving
death
or
injury
where
driver
at
fault
!
Demonstrated
efforts
to
correct
behavior
leading
to
restraint
!
Any
collision
where
driver
at
fault
!
Errors
by
DMV
that
negaBvely
affected
driving
privilege
!
ConvicBon
for
traffic
violaBons
carrying
6+
points
!
Time
w/o
driving
already
served
under
current
restraint(s)
!
ConvicBon
defined
in
Fed.
Motor
Carrier
Safety
RegulaBons
!
Lack
of
subsequent
violaBons
(where
citaBon
late
reported)
!
ViolaBon
of
“out
of
service”
order
w/
serious
pub.
safety
risk
!
Evidence
that
any
substance
abuse
is
under
control
!
Any
offense
listed
under
the
HTO
statute
!
Other
!
Carelessness
as
shown
in
driver
record
or
other
info
!
Recklessness
as
shown
in
driver
record
or
other
info
!
Repeated
disregard
for
law
/
public
safety
!
Prior
restraint(s)
!
Prior
issuance
of
PDL
!
Repeated
commission
of
same
offense
!
Driver’s
“reluctance
to
be
truthful
or
candid
at
hearing”
!
AccumulaBon
of
3+
points
beyond
minimum
for
PTS
restraint
!
Evidence
of
violaBon
of
terms
of
prior
PDL
!
Evidence
of
non-‐compliance
with
probaBon
!
Evidence
of
substance-‐abuse
problem
that
is
not,
or
is
unlikely
to
remain,
under
control
NOTE:
The
above
factors
are
also
relevant
to
the
Hearing
Officer’s
consideraBon
of
the
length
of
restraint,
where
length
is
discreBonary.
Hearing
officer
begins
with
base
period
of
6
months
and
adds
or
subtracts
Bme
based
on
above
factors.
License Revoca4ons
Revoca4on
Non-‐Alcohol
Mixed
Alcohol
!
Driving
under
Restraint
(DUR)
!
DUR-‐Alcohol
!
DUI
!
MulBple
DURs
in
five
years
!
HTO
–
driving
while
revocaBon
!
DUI
per
se
prohibited
!
Driving
with
BAC
0.15+
!
Aggravated
HTO
!
MulBple
alcohol
offenses
!
Express
consent
refusal
!
Other
How
NVOLs
Turn
into
DURs
and
worse:
•
A
first
convicBon
for
NVOL
results
in
the
assessment
of
3
points;
•
Subsequent
convicBons
for
NVOL
result
in
6-‐point
assessments;
will
quickly
results
in
excessive-‐
points
suspension
when
combined
with
other
assessments.
•
Driving
aoer
suspension
can
result
in
a
DUR.
•
2+
DURs
in
five
years
cause
a
3-‐year
period
of
revocaBon.
•
3+
DURs
in
seven
years
trigger
an
HTO
designaBon
and
a
5-‐year
revocaBon.
•
Driving
during
HTO
revocaBon
is
a
first-‐degree
misdemeanor.
•
Obtaining
a
license
and
proof
of
insurance
can
ooen
allow
a
plea
deal
to
a
non-‐moving
violaBon,
enabling
the
person
to
avoid
this
downward
spiral.
Cita6ons:
42-‐2-‐101(1),
(10),
(11)
[NVOL];
42-‐2-‐138(1)(b);
42-‐2-‐206
TYPICAL
REVOCATIONS
Offense
DMV
Restraint
Point
Assess.
Early
Notes
(convic4on)
Eligibility
Drive
under
Restraint
1
year"
N/A
None
42-‐2-‐138(3)
DUR
–
Alcohol
1
year"
N/A
1
month★
42-‐2-‐138(1)(d)
2nd
DUR
in
5
years
3
years
N/A
None
42-‐2-‐138(1)(b)
HTO
(no-‐alcohol)
5
years
N/A
None
42-‐2-‐206
HTO
(alcohol)
5
years
N/A
1
month★
42-‐2-‐206;
42-‐2-‐132.5
DUI
1
9
months
12
PTS
1
month★
42-‐4-‐1301;
42-‐2-‐132.5
DWAI
1
None
8
PTS
N/A
42-‐4-‐1301(1)(g),
(6)
DUI
Per
Se
1
9
months
12
PTS
1
month★
BAC
0.08+
42-‐4-‐1301(2);
42-‐2-‐126(3)
Persistent
Drunk
Driver
1
year,
then
N/A
Refusal:
2
months★
2+
alc.
ViolaBons
(admin.
or
court);
DUR-‐
mandatory
2
years
Other:
1
month★
Alc.;
BAC
0.15+;
Exp.
Consent
Refusal;
(PDD)
/
Refusal
42-‐1-‐102(68.5);
42-‐2-‐126(c);
42-‐2-‐132;
with
Interlock
42-‐2-‐132.5
✔
DiscreBonary
|
♯
Demonstrate
current
insurance
|
"
ConsecuBve
to
prior
restraint
|
★
With
Interlock
Length
of
Restraint
Adult
Driver
-‐
Non-‐Commercial
License
Points
Suspension
2nd
DUR
in
5
Years
Restraint
Simple
DUI
#1
Eligibility
Interlock
1st
Refusal
+
DUI
ConvicBon
Habitual
Traffic
Offender
0
20
40
60
80
Months
INTERLOCK
RESTRICTED
LICENSES
Designa4on
Eligible
Length
Notes
Early
Reinstatement
with
Restricted
License
1st
DUI
with
9-‐month
revocaBon
1
Month
At
Least
8
Months*
42-‐2-‐132.5(4)(a)(II)(A)
*4
months
if
no
Interlock
interrupt
DUI/DUI
per
se/DWAI/Excess
BAC
1
Month
At
Least
1
Year
Longer
of
Bme
remaining
on
restraint
or
12
months,
with
at
least
1-‐year
revocaBon
42-‐2-‐132.5(4)(a)(I)
DUR-‐Alcohol
prior
to
alcohol
offense
1
Month
At
Least
1
Year
42-‐2-‐132.5(b)
–
means
that
a
DUR-‐alcohol
restraint
will
not
affect
Interlock
eligibility
Habitual
Traffic
Offender
–
Alcohol
1
Month
5
Years
Eligible
only
if
(42-‐2-‐132.5(4)(c)):
LIMITED
42-‐2-‐205
(a) 1
convicBon
for
DUI/DUI
per
se/DWAI
AND
(b) No
add.
violaBons
except
DUR
or
Reckless
Driving
Mandatory
Interlock-‐Restricted
License
Following
Reinstatement
Persistent
Drunk
Driver
(PDD)
N/A
At
Least
2
Years
42-‐2-‐132.5(3);
42-‐1-‐102(68.5)
MulBple
DUI/DUI
per
se/DWAI
N/A
At
Least
1
Year
42-‐2-‐132.5(1)
Excess
BAC
(0.15+)
or
prior
PDD
N/A
At
Least
1
Year
42-‐2-‐132.5(1);
42-‐2-‐126
(where
prior
PDD
in
effect)
HTO
–
Alcohol
N/A
At
Least
1
Year
42-‐2-‐132.5(1);
42-‐2-‐203
RevocaBon
for
Interlock
Circumvent
N/A
At
Least
1
Year
42-‐2-‐132.5(1),
(7)
Notes:
•
A
separately
imposed
non-‐alcohol
restraint
must
be
saBsfied
prior
to
eligibility
for
early
reinstatement
with
Interlock.
42-‐2-‐132.5(4)(b).
•
DMV
may
not
impose
points
suspension
if
the
incident
that
would
otherwise
trigger
suspension
arose
from
the
same
transacBon
giving
rise
to
another
type
of
restraint
(i.e.,
DUI
revocaBon).
42-‐2-‐127(8)(b)(I).
•
However,
express
consent
refusals
can
result
in
points
revocaBon
from
same
incident,
which
might
run
concurrently.
42-‐2-‐127(8)(b)(I).
•
MulBple
revocaBons
from
same
incident
should
run
concurrently;
but
will
not
do
so
if
from
separate
incidents.
42-‐2-‐125(5).
•
Early
reinstatement
requires
SR-‐22
for
longer
of
3
years
or
Bme
remaining
on
restricted
license.
42-‐2-‐132.5(4)(b).
Financial Responsibility Liability Insurance & SR-‐22
Liability
Insurance
&
SR-‐22
• Colorado
law
generally
requires
insurance
liability
coverage
for
bodily
injury
or
death
of
at
least
$25,000
to
any
one
person
in
any
one
accident,
$50,000
to
all
persons
in
any
one
accident,
and
$15,000
for
property
damage.
C.R.S.
§
10-‐4-‐620.
• Failure
to
maintain
insurance
is
a
crime
(42-‐4-‐1409)
and
also
grounds
for
suspension
(42-‐2-‐127.7).
• “Proof
of
Financial
Responsibility”
and
“Proof
of
Future
Financial
Responsibility”
refer
to
SR-‐22
insurance
and
may
be
required
following
certain
suspensions,
revocaBons,
and
cancellaBons,
and
in
certain
other
instances.
42-‐7-‐103(14).
• SR-‐22
insurance
is
a
scheme
by
which
the
insurer
cerBfies
to
the
DMV
that
the
required
insurance
will
remain
in
effect
for
a
specified
period
of
Bme
into
the
future.
The
insurance
company
is
required
to
noBfy
the
DMV
if
the
coverage
ever
lapses,
which
will
result
in
a
license
restraint.
• Default
period
for
maintaining
SR-‐22
insurance
is
three
years;
however,
there
are
plenty
of
excepBons.
See,
e.g.,
42-‐2-‐172.7(2),
(4)(c).
• SR22
is
waived
in
certain
circumstances,
including
where
the
driver
can
show
that
an
insurance
policy
was
in
effect
at
the
Bme
of
the
alleged
offense.
See
C.R.S.
§
42-‐2-‐302.
SR-‐22
Insurance
Card
Am.
Assoc.
of
Motor
Veh.
Administrators
FINANCIAL
RESPONSIBILITY
LAW
–
A
FEW
SCENARIOS
Designa4on
CRS
Result
SR22
Notes
Failure
to
SaBsfy
Judgment
42-‐7-‐401
SR22
3
Years
Indefinite
suspension
-‐
Discharge
in
bankruptcy
negates
suspension.
or
ResBtuBon
Order
42-‐7-‐402.
ParBal
saBsfacBon
of
judgment
or
seulement,
and
passage
of
Bme
can
also
negate
suspension.
42-‐7-‐403-‐404
No
Proof
of
Insurance
42-‐2-‐127.7
SR22
3
Years
Indefinite
suspension,
then
progressively
longer
suspensions
42-‐4-‐1409
result
from
subsequent
violaBons.
DUI
/
DUI
per
se
/
DWAI
42-‐4-‐408(c)
SR22
Length
of
SR-‐22
required
for
lesser
of
the
length
of
the
revocaBon
or
3
1st
Offense
&
No
Accident
revocaBon
years,
starBng
at
reinstatement.
Ex.:
9-‐month
revoke
for
1st
DUI
triggers
9-‐month
SR-‐22
requirement.
DUI
/
DUI
per
se
/
DWAI
42-‐4-‐408(b)
SR22
3
Years
MulBple
or
Accident
Mandatory
RevocaBon
42-‐2-‐125
SR22
3
Years
ExcepBon
for
mandatory
revocaBons
for
failure
to
complete
42-‐4-‐406
required
alcohol
classes.
42-‐2-‐125(m);
42-‐4-‐406(1).
ExcepBons
also
for
some
revocaBons
for
minor
drivers.
42-‐4-‐406(1).
ProbaBonary
License
42-‐2-‐127
SR22
3
Years
Cancelled
42-‐4-‐406
CancellaBon
–
Physical
or
42-‐2-‐122
SR22
?
ExcepBon
for
persons
receiving
approved
therapy.
Mental
incompetence
42-‐4-‐406
42-‐2-‐122(2.5);
42-‐4-‐406.
Points
Suspension
42-‐4-‐406(2)
Insurance
N/A
Prior
to
issuance
of
PDL
or
reinstatement,
renewal,
or
issuance,
must
provide
proof
of
insurance.
(SR-‐22
not
required.)
42-‐4-‐1409
–
Compulsory
insurance;
42-‐4-‐1409(6)
–
mandatory
dismissal
if
driver
proves
insurance
was
in
effect
•
Motor
Vehicle
Financial
Responsibility
Law:
42-‐7-‐101
et
seq.
•
Term
of
SR-‐22
insurance
is
a
minimum
of
3
months.
42-‐7-‐408(2)
•
If
the
three-‐year
SR-‐22
period
applies,
then
any
Bme
during
which
the
insured
has
not
been
licensed
will
be
credited
toward
the
period.
42-‐7-‐408(b).
•
Compliance
is
monitored
through
the
Motorist
Insurance
IdenBficaBon
Database
(MIIDB).
See
1
CCR
204-‐21.
Out-‐of-‐State
and
Interna4onal
Drivers
Interstate
Driver’s
License
Compact
• The
Interstate
Driver’s
License
Compact,
inc.
at
C.R.S.
§
24-‐60-‐1101
et
seq.,
which
Colorado
joined
in
1965,
governs
interstate
driving
issues
in
Colorado,
including:
– Interstate,
reciprocal
driving
restraints
–
See
ArBcle
V
(new
licenses);
ArBcle
III
(exisBng);
– Requirement
that
out-‐of-‐state
convicBons
(inc.
criminal
and
administraBve
violaBons)
be
reported
to
driver’s
home
(licensing)
state
–
See
ArBcles
II(c),
III;
– The
effect
of
out-‐of-‐state
convicBons
on
the
driver’s
license
–
See
ArBcle
IV;
including:
• Offenses,
including
DUIs,
where
the
home
state
is
required
to
give
effect
to
the
foreign
state’s
law;
• Other
offenses
in
which
the
home
state
is
required
to
determine
if
there
is
a
corresponding,
“substanBally
similar,”
offense
under
home-‐state
law,
and,
if
so,
to
treat
the
foreign
offense
as
if
it
had
occurred
in
the
home
state;
and,
– ProhibiBon
on
holding
licenses
in
mulBple
states
–
See
ArBcle
V;
see
also
24-‐60-‐1106.
• Colorado’s
implementaBon
of
the
Compact:
– For
non-‐enumerated
foreign
offenses
that
require
Colorado
to
find
a
corresponding
offense,
the
DMV
is
prohibited
from
assessing
points
against
the
driver’s
license
–
CRS
24-‐60-‐1105(2).
• It
is
possible
to
request
a
hearing
in
order
to
argue
that
Colorado
does
not
have
a
corresponding
offense.
License
holds
for
foreign
judgments
are
a
common
source
of
issues
that
a
hearing
can
resolve.
– For
the
more
serious
offenses
where
Colorado
is
required
to
give
effect
to
the
foreign
state’s
law,
the
implemenBng
statute
limits
these
to
42-‐2-‐128
(vehicular
homicide),
42-‐2-‐1301
(DUI,
DUI
per
se,
DWAI),
and
42-‐4-‐1603
(duty
to
give
noBce/informaBon/aid
in
accident
involving
injury
or
death).
– Colorado
honors
driver
licenses
issued
by
other
compact
members,
unless
the
driver
becomes
a
resident
in
Colorado,
in
which
case
the
person
must
obtain
a
Colorado
license.
24-‐60-‐1106.
An
excepBon
is
available
if
the
person
needs
to
retain
an
out-‐of-‐state
license
under
the
laws
of
another
state
in
order
to
pracBce
a
regular
trade
or
profession.
Id.
• Member
States:
All
states
except
Georgia,
Massachuseus,
Michigan,
Tennessee,
and
Wisconsin
(source:
AAMVA)
• Procedures
manual
(1994)
is
available
here:
– hup://www.aamva.org/uploadedFiles/MainSite/Content/DriverLicensingIdenBficaBon/DL_ID_Compacts/DLC
%20AdministraBve%20Procedures%20Manual.pdf
IDLC
DMV
Hearings
• DMV
regulaBons
implemenBng
the
Compact
are
at
1
CCR
204-‐16
and
govern
procedures
for
issuing
Colorado
licenses
to
individuals
under
restraint
in
another
member
state.
• Hearing
Procedures:
– File
request
for
hearing
to
DMV
Hearing
SecBon.
– DMV
requests
driver’s
out-‐of-‐state
record
and
analyzes
the
record,
applying
Colorado
law.
• Hearing
Principles:
– At
hearing,
applicant
must
show
that:
• At
least
one
year
has
passed
since
out-‐of-‐state
license
was
revoked
or
suspended;
• Applicant
has
not
driven
since
the
restraint
was
imposed;
and,
• Applicant
is
now
a
Colorado
resident.
– Any
evidence
of
driving
following
restraint
will
result
in
the
applicant
having
to
wait
the
longer
of
one
year
from
the
violaBon
date
or
unBl
one
year
aoer
Colorado
reinstatement
eligibility,
whichever
is
longer.
– Otherwise,
DMV
bears
burden
of
showing
that
the
applicant
is
NOT
eligible,
based
on
its
analysis
of
the
out-‐of-‐state
driving
record.
DMV
will
calculate
the
applicant’s
reinstatement
eligibility
date
based
on
Colorado
law.
– DMV
is
prohibited
from
issuing
a
PDL
or
other
temporary
license
while
the
out-‐of-‐state
triggered
restraint
remains
in
effect.
– If
the
applicant
obtains
a
reinstatement
or
clearance
leuer
from
the
foreign
state,
then
he
or
she
may
apply
for
a
Colorado
license.
Non-‐Resident
Violator
Compact
• Grew
out
of
developments
in
the
1960s;
current
agreement
originated
in
1977;
Colorado
joined
in
January
of
1982.
Source:
AAMVA.
• The
Compact
facilitates
the
processing
of
traffic
citaBons
by
enabling
the
45
member
states
to
process
citaBons
across
borders.
• Non
payment
of
a
citaBon
in
one
member
state
will
trigger
an
indefinite
suspension
in
the
driver’s
home
state
pending
resoluBon.
• In
the
five
non-‐member
states
–
Alaska,
California,
Michigan,
Montana,
Oregon,
and
Wisconsin,
a
driver
receiving
a
citaBon
might
have
to
either
resolve
the
citaBon
or
post
a
bond
before
being
allowed
to
“proceed.”
Likewise,
a
driver
licensed
in
a
non-‐member
state
might
be
required
to
do
the
same
in
a
member
state.
The
bond
may
have
to
be
paid
roadside.
• The
Procedures
Manual
(1994)
is
available
here:
– www.aamva.org/uploadedFiles/MainSite/Content/DriverLicensingIdenBficaBon/DL_ID_Compacts/NRVC
%20Procedures%20Manual.pdf
Na4onal
Driver
Register
(NDR)
• Administered
by
Nat.
Highway
TransportaBon
Admin.
and
used
by
all
50
states
to
implement
reciprocal
obligaBons.
• Contains
informaBon
on
revocaBons,
suspensions,
and
serious
traffic
violaBons,
including
DUI.
• Each
driver
receives
a
status
[www.nhtsa.gov/Data/NaBonal+Driver+Register+(NDR)]:
– No
Match:
no
record
in
NDR;
– Licensed
(LIC):
holds
valid,
unrestrained
license
in
state;
– Eligible
(ELG):
eligible
to
apply
(no
restraint
/
no
need
to
reinstate);
– Not:
not
eligible
to
drive;
or,
– NEN:
not
eligible
to
drive
on
account
of
non-‐moving
violaBon.”
• “Problem
Driver
Pointer
System”
(PDPS)
holds
the
following
informaBon
for
ID
purposes:
– Full
name
and
aliases;
– DOB,
License
#,
and
SSN
(if
permiued
by
state
law);
– Sex,
height,
weight,
eye
color;
and,
– State
of
Record
(the
state
that
populated
the
database).
– State
of
Record
is
required
to
update
the
NDR
within
31
days
of
receiving
a
convicBon,
revocaBon,
suspension,
or
license
denial.
– Disputes
about
NDR
data
must
be
resolved
with
the
State
of
Record.
Non-‐Resident
Drivers
Persons
Exempted
from
Holding
a
Colorado
License
• Non-‐residents
over
16
possessing
a
valid
DL
from
another
State.
42-‐1-‐102(62);
42-‐2-‐102.
• AcBve-‐duty
military
personnel
on
assignment
in
Colorado
and
spouses.
Id.
• Non-‐resident
students,
so
long
as
considered
non-‐residents
for
tuiBon
purposes.
Id.
• Once
a
person
establishes
Colorado
residency,
the
person
has
30
days
to
convert
his
or
her
DL
to
a
Colorado
license.
Id.
(And
90
days
to
register
a
vehicle.)
And…
• “The
statutory
bases
for
this
rule
are
§§
42-‐1-‐204
,
42-‐2-‐102(1)(c)
,
42-‐1-‐102(62)
,
and
42-‐1-‐102(81)
,
CRS.
The
purpose
of
this
rule
is
to
include
in
the
definiBon
of
"non-‐resident"
under
§
42-‐1-‐102(62)
,
those
persons
who
are
working
on
a
temporary
or
seasonal
basis
with
appropriate
documenta4on
from
the
United
States
Ci4zenship
and
Immigra4on
Services,
who
do
not
have
permanent
resident
status,
and
therefore
shall
not
be
considered
to
have
"gainful
employment"
for
the
purposes
of
establishing
residency.
These
non-‐residents
shall
be
exempt
from
the
requirement
to
obtain
a
Colorado
driver's
license
under
§
42-‐2-‐102(1)(c)
,
and
shall
not
be
considered
to
have
"gainful
employment"
unless
he
or
she
otherwise
meets
the
definiBon
of
resident
by
either
conBnuously
residing
within
the
state
for
90
days
or
more
or
by
owning
or
operaBng
a
business
in
this
state.”
–
1
CCR
204-‐29
But…
• Colorado
law
defines
a
“resident”
as
“any
person
who
owns
or
operates
any
business
in
this
state
or
any
person
who
has
resided
within
this
state
conBnuously
for
a
period
of
ninety
days
or
has
obtained
gainful
employment
within
this
state,
whichever
shall
occur
first.”
42-‐1-‐102(81).
Interna4onal
License
Reciprocity
• Colorado
has
license
reciprocity
agreements
with
Canada,
France,
Germany,
and
South
Korea,
and
applicants
for
a
Colo.
license
who
hold
a
license
from
these
countries
do
not
have
to
take
the
driving
tests.
Source:
www.colorado.gov/pacific/dmv/new-‐colorado-‐another-‐
country
– However,
all
such
persons
must
apply
under
SB-‐251.
• Persons
from
other
countries,
including
those
holding
InternaBonal
Driver’s
Licenses
(IDLs),
must
pass
the
wriuen
and
driving
tests
prior
to
applying
for
a
Colorado
license.
– Test
may
be
taken
through
a
third-‐party
vendor
(i.e.,
an
accredited
driving
school).
– Rental
cars
may
be
used,
unless
the
contract
expressly
forbids
use
in
driving
tests.
Driving
under
the
Geneva
Conven4on
• USA
is
signatory
to
1949
ConvenBon
on
Road
Traffic,
establishing
reciprocity
between
member
countries
with
recogniBon
of
member
driver
licenses
for
a
period
of
at
least
one
year.
• The
ConvicBon
also
creates
the
InternaBonal
Driver’s
License
(IDL)
valid
for
a
period
of
up
to
one
year:
– Can
only
be
applied
for
in
the
applicant’s
home
country.
– Administered
in
U.S.
by
AAA.
• In
the
U.S.,
state
laws
governing
residency
may
separately
require
a
foreign
visitor
to
obtain
a
state
driver’s
license.
• Foreign
visitor
can
drive
on
foreign
license
for
90
days
–
however,
keep
in
mind
that
employment
in
Colorado
or
operaBon
of
business
could
create
residence
much
sooner
than
the
90
days.
You can also read
