Driving a truck in Colorado means being familiar with the rules of the road. A big one for commercial drivers is understanding weight limits.
Hauling overweight loads without the proper permits can lead to hefty criminal and civil fines and even jail.
In this article I break down Colorado’s overweight permit laws in simple terms. I focus on what you need to know to follow the law, avoid penalties, and how to defend yourself if you are charged.
Weight Limits
Colorado Revised Statute 42-4-507 CRS sets the following limits on how much weight can be placed on individual wheels, single axles, and tandem axles.1
Type | Tire Type | Highway Type | Specific Vehicle/Condition | Weight Limit (lbs) |
Wheel | Solid Rubber or Cushion | Any | n/a | 8,000 |
Wheel | Pneumatic | Any | n/a | 9,000 |
Single Axle | Solid Rubber or Cushion | Any | n/a | 16,000 |
Single Axle | Pneumatic | Any | General | 20,000 |
Single Axle | Pneumatic | Not Interstate | Digger derrick or bucket boom truck by electric utility | 21,000 |
Tandem Axle | Pneumatic | Interstate | n/a | 36,000 |
Tandem Axle | Pneumatic | Not Interstate | n/a | 40,000 |
Steel-Tired Vehicle | Steel | Any | Per inch of cross-sectional width of tire | 500 (per inch) |
Note that the statute also includes exemptions for vehicles with self-compactors used for trash and certain vehicles used by cities, counties, municipal utilities, or special districts for waste or stormwater removal (provided they are not operated on the interstate system). The table above focuses on the general weight limits specified.
Meanwhile, Colorado Revised Statute 42-4-508 CRS focuses on the gross weight of vehicles and loads. One important aspect of this section is the Colorado Bridge Formula, which helps determine the maximum lawful weight based on the number of axles and the distance between them.2
Type of Limit | Description/Conditions | Maximum Limit (lbs) |
Overall Gross Weight (Non-Interstate) | W = 1,000 * (L + 40), where W=gross weight (lbs), L=distance between first and last axles (ft) | 85,000 |
Overall Gross Weight (Interstate – Bridge Formula) | W = 500 * [(LN / (N-1)) + 12N + 36), where W=overall gross weight (lbs) on group of 2+ axles (nearest 500 lbs), L=distance between extremes of group (ft), N=number of axles in group | 80,000 |
Alternative Fuel Vehicle Increase | For vehicle/combination containing alternative fuel system and operating on alternative/both fuels | Up to 2,000 (increase over standard limit) |
Minimum Gross Weight in Combination | Exceptions include specialized trailers of fixed public utilities, Specialized trailers hauling poles | A vehicle must not carry less than 10% of the overall gross weight of the combination of vehicles |
Overweight Permits
If you need to haul a load that is heavier than the standard lawful limits, apply for a permit through the Colorado Oversize Overweight Permitting and Routing (COOPR) System by the Colorado Department of Transportation’s (CDOT).
The permit will specify:
- the maximum allowable weight,
- the approved route, and
- any other conditions or restrictions for the move.
CDOT offers various types of overweight permits, including:
- Annual Oversize/Overweight Permits,
- Single trip Oversize/Overweight Permits,
- Annual Two/Three Axle Divisible Load Permits,
- Annual Quad Axle Divisible Load Permits,
- Chapter 6 Special Permits, and
- Longer Vehicle Combination Permits (LVC).
You must buy the applicable permit prior to driving an overweight load into the state. The fees for these permits vary depending on the type of permit and the extent to which the vehicle exceeds the lawful limits.3
You can find the applicable forms and instructions at CDOT’s Permitting Information website.
Like all states, Colorado enforces limits on how much weight a vehicle – or combination of vehicles – can lawfully carry on its roads.
Penalties for Overweight Violations
Criminal Consequences
In Colorado, violating weight provisions regarding wheel and axle loads or gross weight is a class 2 misdemeanor traffic offense. This carries DMV points on your license as well as:
- 10 to 90 days in county jail and/or
- $150 to $300 in fines.4
Civil Consequences
Colorado has a graduated fine system, meaning the more overweight your vehicle is, the higher the fine will be.
Excess Weight Above Maximum Permitted Weight (lbs) | Base Penalty |
1 – 2,500 | $50 |
2,501 – 5,000 | $100 |
5,001 – 7,500 | $200 |
7,501 – 10,000 | $400 |
Over 10,000 | $400 plus $150 for each additional 1,000 pounds overweight |
In addition to the base fine, a surcharge of 16% of the fine is also typically assessed. Furthermore, penalties for second or subsequent violations within a 12-month time frame can be doubled.
Specific municipal jurisdictions may have their own local ordinances and fine schedules, although state law applies on state highways.5
Professional Consequences
Repeated weight violations might lead to the suspension or revocation of your commercial driver’s license (CDL), making it impossible for you to continue your career as a truck driver.
Furthermore, overweight violations can negatively impact your carrier’s safety record, potentially leading to:
- audits,
- fines, and
- increased insurance rates for the company.
How to Fight Overweight Charges
Here at Colorado Legal Defense Group, I have defended against literally thousands of traffic charges, including overweight violations. In my experience, the following five defenses have proven very effective at getting these cases reduced to traffic infractions or dismissed.
- Incorrect Measurement: One defense could be challenging the accuracy of the scales used to weigh your vehicle. Scales must be calibrated correctly, and procedures for weighing vehicles must be followed properly. Errors in the weighing process could lead to an incorrect overweight assessment.
- Improperly Loaded or Shifted Load: If the load shifted during transport, causing an axle or group of axles to become overweight even though the total gross weight was lawful, this might be a defense. However, you are generally responsible for ensuring your loads are properly secured and distributed.
- Vehicle Malfunction: In rare cases, a mechanical issue with the vehicle that caused an unintentional weight distribution problem might be a defense. However, this would likely require proof of the malfunction and that it was unforeseen and not a result of poor maintenance.
- Permit Issues: If you had an overweight permit, but the ticket was issued due to a misunderstanding or an error on the permit itself, this could serve as a defense.
- Exempt Vehicles/Loads: Certain vehicles or types of loads might be exempt from standard weight regulations under specific circumstances. Identifying if your vehicle or load falls under an exemption could be a defense.
Note that simply being unaware of the weight limits or the need for a permit is generally not a valid defense. As a driver, you are expected to know and follow the relevant laws and regulations.
These limits are there to protect highways and bridges from wear and tear.
Helpful Resources
For more information on Colorado’s weight restrictions and permitting process, you can refer to the following resources:
- Colorado Department of Transportation (CDOT): CDOT is the primary state agency responsible for overseeing transportation in Colorado, including the issuance of overweight permits. Their website provides information on size and weight limits, permit requirements, and the application process.
- Colorado State Patrol (CSP) Ports of Entry: The CSP operates ports of entry throughout the state where commercial vehicles are often inspected for size and weight compliance. They can provide information and enforcement details.
- Colorado Motor Carriers Association: This professional organization represents the trucking industry in Colorado and can be a source of information on regulations, compliance, and industry best practices.
Legal References
- 42-4-507 CRS. Note that the table outlines the law in general, but there are exceptions.
- 42-4-508 CRS. Note that the table outlines the law in general, but there are exceptions. See also People v. Escano (Colo.App. 1992) .
- 42-4-510 CRS. See, for example, Spillane v. Wright (Colo. 1953) .
- See notes 1 and 2. 42-4-1701 CRS.
- 42-4-1701 CRS.