C.R.S. Section 42-2-126.5
Revocation of license based on administrative actions taken under tribal law

  • repeal

(1)

As used in this section:

(a)

“Indian” means a person who is a member of a federally recognized Indian tribe.

(b)

“Reservation” means the Southern Ute Indian reservation, the exterior boundaries of which were confirmed in the Act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201, 202 (found at “Other Provisions” note to 25 U.S.C. sec. 668).

(c)

“Reservation driving privilege” means the driving privilege of an Indian that arises under and is governed by the tribal code when the Indian is operating a motor vehicle within the boundaries of the reservation.

(d)

“Tribal code” means the laws adopted by the tribe pursuant to the tribe’s constitution.

(e)

“Tribe” means the Southern Ute Indian tribe.

(2)

Legislative declaration.

(a)

The general assembly finds that:

(I)

The tribal code, including traffic provisions, governs the conduct of Indians within the reservation;

(II)

The tribal code grants reservation driving privileges to Indians based on possession of a state-issued driver’s license but does not authorize application of state driver’s license revocation laws based on the conduct of Indians within the reservation; and

(III)

When Indians drive outside of the reservation, state and municipal traffic laws apply to their state driving privileges.

(b)

In enacting this section, the general assembly intends to provide safety for all persons using the highways of the state by authorizing a process whereby the state shall revoke the Colorado driving privileges of a person after the tribe has entered a final order under the tribal code revoking the reservation driving privileges of that person, in a manner similar to how the state revokes the state driving privileges of a Colorado licensee whose driving privileges are revoked for an action occurring and adjudicated in a foreign jurisdiction.

(3)

When the tribe initially revokes the reservation driving privilege of an Indian pursuant to the tribal code pending a tribal hearing, the tribe shall take possession of the person’s Colorado driver’s license. The tribe is authorized to issue a temporary permit which shall provide temporary Colorado driving privileges to the person until the tribe enters a final order of revocation of the person’s reservation driving privileges.

(4)

If the tribe enters a final order of revocation of the person’s reservation driving privileges, the tribe shall send notice of such revocation to the department via fax, mail, or electronic means.

(5)

The state shall give full faith and credit to a tribal administrative or judicial determination related to the tribe’s revocation of the reservation driving privileges of an Indian.

(6)

Upon receiving notice of revocation from the tribe pertaining to any Indian, the department shall immediately revoke the Colorado driving privileges of that person. The period of the state revocation shall run concurrently with the revocation action taken by the tribe. The state’s driver record for the revoked individual shall indicate concurrent dates for the revocation period. The department shall send notice of revocation by first-class mail to the person at the address last shown on the department’s records.

(7)

The department’s revocation of the person’s Colorado driving privileges shall be a final agency action of the department. Any appeal of the state’s final revocation action may be taken in accordance with section 42-2-135 and section 24-4-106, C.R.S. Because the state is giving full faith and credit to the tribal determination, the department’s revocation action shall be affirmed if, upon review, the reviewing court determines that the tribe’s revocation of tribal driving privileges met both of the following conditions:

(a)

The revocation occurred after providing the person whose driving privilege was revoked reasonable notice and an opportunity to be heard sufficient to protect due process rights; and

(b)

The tribal administrative or judicial tribunal that made the determination had jurisdiction over the parties and over the subject matter.

(8)

When a person whose license is revoked under this section has completed the terms and conditions of the tribal revocation order, the tribe shall provide the person with written notification of the completion and shall also send written notice to the department. When the department receives the tribe’s written notification of the completion, the person may seek reinstatement of his or her Colorado driving privileges. The person must comply with sections 42-2-126 (4)(d), 42-2-132, and 42-7-406 to obtain a new license or otherwise restore his or her Colorado driving privileges.

(9)

The provisions of this section do not apply to the department’s revocation, suspension, cancellation, or denial of a Colorado driver’s license of an Indian for any driving offense that occurs while operating a motor vehicle outside the boundaries of the reservation.

(10)

This section shall automatically repeal on the occurrence of any one or more of the following events:

(a)

The tribe repeals the express consent law of the tribal code;

(b)

Either the tribe or the state terminates any intergovernmental agreement between the parties pertaining to driver’s license revocations of Indians; or

(c)

A repeal of this section by the general assembly acting by separate bill.

Source: Section 42-2-126.5 — Revocation of license based on administrative actions taken under tribal law - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑2‑101
Licenses for drivers required - penalty - definition 42‑2‑102
Persons exempt from license 42‑2‑103
Motorcycles - autocycles - low-power scooters - driver’s license required 42‑2‑104
Licenses issued - denied 42‑2‑105
Special restrictions on certain drivers 42‑2‑105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration 42‑2‑106
Instruction permits and temporary licenses 42‑2‑107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal 42‑2‑108
Application of minors - rules 42‑2‑109
Release from liability 42‑2‑110
Revocation upon death of signer for minor 42‑2‑111
Examination of applicants and drivers - when required 42‑2‑112
Medical advice - use by department - provider immunity 42‑2‑113
License examiners appointed 42‑2‑114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions 42‑2‑114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal 42‑2‑115
License, permit, or identification card to be exhibited on demand - penalty 42‑2‑116
Restricted license 42‑2‑117
Duplicate permits and minor licenses - replacement licenses 42‑2‑118
Buckner organ and tissue donation awareness fund - rules - report - repeal 42‑2‑118.1
Driver restoration and payment incentive program 42‑2‑119
Notices - change of address or name 42‑2‑120
Methods of service 42‑2‑121
Records to be kept by department - admission of records in court 42‑2‑121.5
Emergency contact information - website form - license application - driver’s license database 42‑2‑122
Department may cancel license - limited license for physical or mental limitations - rules 42‑2‑123
Suspending privileges of nonresidents and reporting convictions 42‑2‑124
When court to report convictions 42‑2‑125
Mandatory revocation of license and permit 42‑2‑126
Revocation of license based on administrative determination 42‑2‑126.5
Revocation of license based on administrative actions taken under tribal law - repeal 42‑2‑127
Authority to suspend license - to deny license - type of conviction - points 42‑2‑127.5
Authority to suspend license - violation of child support order 42‑2‑127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration 42‑2‑127.9
Authority to suspend driver’s license - leaving the scene of an accident 42‑2‑128
Vehicular homicide - revocation of license 42‑2‑129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content 42‑2‑132
Period of suspension or revocation 42‑2‑132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules 42‑2‑133
Surrender and return of license 42‑2‑134
Foreign license invalid during suspension 42‑2‑135
Right to appeal 42‑2‑136
Unlawful possession or use of license 42‑2‑137
False affidavit - penalty 42‑2‑138
Driving under restraint - penalty - definitions 42‑2‑139
Permitting unauthorized minor to drive 42‑2‑140
Permitting unauthorized person to drive 42‑2‑141
Renting or loaning a motor vehicle to another 42‑2‑142
Violation - penalty 42‑2‑143
Legislative declaration 42‑2‑144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules 42‑2‑201
Legislative declaration concerning habitual offenders of motor vehicle laws 42‑2‑202
Habitual offenders - frequency and type of violations 42‑2‑203
Authority to revoke license of habitual offender 42‑2‑204
Appeals 42‑2‑205
Prohibition 42‑2‑206
Driving after revocation prohibited 42‑2‑207
No existing law modified 42‑2‑208
Computation of number of convictions 42‑2‑301
Definitions 42‑2‑302
Department may or shall issue - limitations - rules 42‑2‑303
Contents of identification card - disability identifier symbol - rules - definition 42‑2‑304
Validity of identification card - rules 42‑2‑305
Lost, stolen, or destroyed cards 42‑2‑306
Fees - disposition 42‑2‑307
Change of address - penalty 42‑2‑308
No liability on public entity 42‑2‑309
Unlawful acts 42‑2‑310
Violation 42‑2‑313
Department consult with counties on county jail identification processing unit 42‑2‑401
Short title 42‑2‑402
Definitions 42‑2‑403
Department authority - rules - federal requirements 42‑2‑404
Commercial driver’s license - limitations - rules 42‑2‑405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification 42‑2‑405.5
Violations of out-of-service order 42‑2‑406
Fees - rules 42‑2‑407
Licensing of testing units and driving testers - hearings - regulations 42‑2‑408
Unlawful acts - penalty 42‑2‑409
Unlawful possession or use of a commercial driver’s license 42‑2‑501
Short title 42‑2‑502
Legislative declaration 42‑2‑503
Definitions 42‑2‑504
Applicability 42‑2‑505
Identification documents - individuals not lawfully present - rules 42‑2‑506
Identification documents - individuals temporarily lawfully present 42‑2‑507
Taxpayer identification number - confidentiality 42‑2‑508
Fees - operations - rule 42‑2‑509
Renewal - duplicate - replacement - rules 42‑2‑510
Peace officers - arrest authority 42‑2‑511
Driving test - third-party option - definition 42‑2‑601
Definitions 42‑2‑602
Equipment of vehicles 42‑2‑603
Rules 42‑2‑604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-126.5’s source at colorado​.gov