RULES GOVERNING THE USE OF TUNNELS ON COLORADO STATE HIGHWAYS

_________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority

The Transportation Commission has revised the Rules Governing the Use of tunnels on State Highways

in order to update state and federal statutory references, clarify and simplify language, and provide an

easily understandable guide for use of the tunnels on state highways and specifically the Eisenhower-

Johnson Memorial Tunnels. Section 42-4-106(7)(a), C.R.S., provides the Transportation Commission with

authority to adopt rules concerning the operation of any motor vehicle and commercial vehicle in any

tunnel which is a part of the state highway system. Pursuant to § 42-4-106(7)(b), C.R.S., the Department

may prohibit or regulate the operation of any motor vehicle and commercial vehicle which transports any

article, deemed to be dangerous, in any tunnel which is part of the state highway system. Further, § 42-

20-301(3), C.R.S., provides authority to the Transportation Commission to regulate hours of operation of

the Eisenhower-Johnson Memorial Tunnels on Interstate 70.

These rules shall be interpreted consistently with the requirements of Title 49 CFR parts 100 to 177.

Additionally, these rules should be read together with 8 CCR 1507-25 "Rules and Regulations Concerning

the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate

Transportation of Agricultural Products in the State of Colorado." These rules are promulgated by the

Department of Public Safety, Chief of the Colorado State Patrol pursuant to § 42-20-108 (1) and (2),

C.R.S. These rules also regulate the safe transportation of nuclear materials by motor vehicle within the

State of Colorado pursuant to

§ §42-20-403, 504 and 508, C.R.S., and exempt agricultural products from the rules pursuant to § 42-20-

108.5, C.R.S.

The transport of hazardous materials is strictly governed by federal and state regulations and CDOT must

adhere to these legal requirements

d (2),

C.R.S. These rules also regulate the safe transportation of nuclear materials by motor vehicle within the

State of Colorado pursuant to

§ §42-20-403, 504 and 508, C.R.S., and exempt agricultural products from the rules pursuant to § 42-20-

108.5, C.R.S.

The transport of hazardous materials is strictly governed by federal and state regulations and CDOT must

adhere to these legal requirements. CDOT’s Rules 3.03 and 3.04 are based on federal regulations which

CDOT has no authority to modify.

Applicability. These rules apply to all Commercial Vehicles, Motor Vehicles and Persons utilizing the

tunnels under the Colorado Department of Transportation’s jurisdiction.

Code of Colorado Regulations

Secretary of State

State of Colorado

1.00

Definitions

1.01

"Commercial Vehicle" as set forth in § 42-4-235, C.R.S., shall mean (I) any self-propelled or

towed vehicle bearing an apportioned plate or having a manufacturer's gross vehicle weight

rating or gross combination rating of ten thousand one pounds or more, which vehicle is used in

commerce on the public highways of this state or is designed to transport sixteen or more

passengers, including the driver, unless such vehicle is a school bus regulated pursuant to

section 42-4-1904, C.R.S., or any vehicle that does not have a gross vehicle weight rating of

twenty-six thousand one or more pounds and that is owned or operated by a school district so

long as such school district does not receive remuneration for the use of such vehicle, not

including reimbursement for the use of such vehicle; (II) any motor vehicle designed or equipped

to transport other motor vehicles from place to place by means of winches, cables, pulleys, or

other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on

the public highways of this state; and (III) a motor vehicle that is used on the public highways and

transports materials determined by the secretary of transportation to be hazardous under 49

U.S.C. Sec

ipped

to transport other motor vehicles from place to place by means of winches, cables, pulleys, or

other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on

the public highways of this state; and (III) a motor vehicle that is used on the public highways and

transports materials determined by the secretary of transportation to be hazardous under 49

U.S.C. Sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173.

1.02

"Department" or "CDOT" shall mean the Colorado Department of Transportation established

pursuant to § 43-1-103, C.R.S.

1.03

"Enforcement Official" shall mean, and is limited to, a peace officer who is an officer of the

Colorado State Patrol as described in § § 16-2.5-101 and 114, C.R.S., a certified peace officer

who is a certified port of entry officer as described in § § 16-2.5-101 and 115, C.R.S., a peace

officer who is an investigating official of the transportation section of the public utilities

commission as described in § § 16-2.5-101 and 143, C.R.S., or any other peace officer as

described in section § 16-2.5-101, C.R.S. [ § 42-20-103 (2), C.R.S.]

1.04

"Hazardous Materials" (also known as "Hazmat") shall mean those materials listed in Tables 1

and 2 of 49 CFR 172.504, excluding highway route controlled quantities of radioactive materials

as defined in 49 CFR 173.403 (l), excluding ores, the products from mining, milling, smelting, and

similar processing of ores, and the wastes and tailing therefrom, and excluding special fireworks

when the aggregate amount of flash powder does not exceed fifty pounds. [§ 42-20-103 (3),

C.R.S.]

1.05

"Motor vehicle" shall mean any self-propelled vehicle that is designed primarily for travel on the

public highways and that is generally and commonly used to transport persons and property over

the public highways or a low-speed electric vehicle; except that the term does not include low-

power scooters, wheelchairs, or vehicles moved solely by human power

ty pounds. [§ 42-20-103 (3),

C.R.S.]

1.05

"Motor vehicle" shall mean any self-propelled vehicle that is designed primarily for travel on the

public highways and that is generally and commonly used to transport persons and property over

the public highways or a low-speed electric vehicle; except that the term does not include low-

power scooters, wheelchairs, or vehicles moved solely by human power.

1.06

"Person" shall mean an individual, a corporation, a government or governmental subdivision or

agency, a partnership, an association, or any other legal entity; except that separate divisions of

the same corporation may, at their request, be treated as separate persons. [§ 42-20-103 (6),

C.R.S.]

1.07

"Staging" shall mean the parking of a Motor Vehicle or Commercial Vehicle at a specific location

to facilitate its safe passage through the Eisenhower-Johnson Memorial Tunnel according to the

specific timing requirements of Rule 3.05

1.08

"State Highway" shall consist of the federal-aid primary roads, the federal-aid secondary roads,

and the interstate system, including extensions thereof within urban areas. [§ 43-2-201(1),

C.R.S.]

1.09

"Tunnel" shall mean enclosed roadways with vehicle access that is restricted to portals

regardless of type of structure or method of construction. Tunnels do not include highway bridges,

railroad bridges or other bridges over a roadway. Tunnels are structures that require special

design considerations that may include lighting, ventilation, fire protection systems, and

emergency egress capacity based on the owners’ determination.

2.00

General Requirements for Use of All CDOT Tunnels

2.01

These Rules apply to all facilities identified below in Rule 4.00.

2.02

Any Person operating a Motor Vehicle or Commercial Vehicle in any Tunnel on the State

Highway System shall comply with all governing state and federal law and regulations. Any Motor

Vehicle, Commercial Vehicle or Person failing to abide by all applicable law and regulations will

be referred to law Enforcement Officials

ls

2.01

These Rules apply to all facilities identified below in Rule 4.00.

2.02

Any Person operating a Motor Vehicle or Commercial Vehicle in any Tunnel on the State

Highway System shall comply with all governing state and federal law and regulations. Any Motor

Vehicle, Commercial Vehicle or Person failing to abide by all applicable law and regulations will

be referred to law Enforcement Officials. No Person shall obstruct, harass, impair, attempt to

influence, or otherwise interrupt the official government functions of the CDOT Tunnel staff. In the

event such actions should occur the appropriate law enforcement agency will be contacted

immediately.

2.03

CDOT, including Tunnel Personnel, may prohibit any Motor Vehicle or Commercial Vehicle or

device, pursuant to § 42-4-106 (7), C.R.S., from using a Tunnel when the health or safety of the

public warrants such action.

2.04

Pedestrians shall not be permitted in Tunnels without the express permission of the Department.

2.05

Electrical assisted bicycles, electric personal assistive mobility devices, low-power scooters, low-

speed electric vehicles, motor driven cycles, motorcycles, or motor scooters, with a motor which

produces five (5) horsepower or less, and bicycles or other means of conveyance are prohibited

from using any Tunnel unless a special use permit has been granted by the Colorado State

Patrol. [ § 42-1-102, (28.5) (28.7) (48.5)(a), and (48.6), C.R.S.]

2.06

The Department shall be authorized to schedule any closure of a segment of the State Highway

system or at the request of the Colorado State Patrol in order to provide for the safety of the

public and including but not limited to maintenance operations, avalanche control, rock fall

mitigation, and roadway construction

ado State

Patrol. [ § 42-1-102, (28.5) (28.7) (48.5)(a), and (48.6), C.R.S.]

2.06

The Department shall be authorized to schedule any closure of a segment of the State Highway

system or at the request of the Colorado State Patrol in order to provide for the safety of the

public and including but not limited to maintenance operations, avalanche control, rock fall

mitigation, and roadway construction. The CDOT Maintenance Superintendent or his/her

designee, in consultation with the CDOT Regional Transportation Director and the CDOT Director

of Transportation Systems Management & Operations,, may exercise discretion related to the use

of CDOT Tunnels as specified in these rules to address traffic mitigation or to provide for the

health, safety and welfare of the public.

3.00

Requirements Specific to the Eisenhower-Johnson Memorial Tunnels (EJMT)

3.01

CDOT Personnel at the EJMT shall have the authority to:

A.

Direct Motor Vehicles or Commercial Vehicles to staging/parking areas and enlist the

assistance of an Enforcement Official to review shipping papers or their equivalent to

protect the health, safety and welfare of the public.

B.

Establish and post restricted access requirements (e.g., speed limit reductions, convoy

escort operations, vehicle convoys, and Tunnel closures) granting or denying highway

and/or Eisenhower-Johnson Memorial Tunnels (EJMT) access, when access would

present a hazard to the Tunnels or to persons using the Tunnels.

3.02

All Commercial Vehicles, Motor Vehicles and Persons transporting placarded quantities of

hazardous materials are required to use Loveland Pass (US 6) when the Pass is open.

3.03

Commercial Vehicles, Motor Vehicles and Persons are prohibited at all times from transporting

the following placarded hazardous materials through the EJMT, and may not park in the parking

lots outside of EJMT.

PROHIBITED AT ALL TIMES FROM EJMT

Division 1.1 Placard

Explosives With a Mass Explosion Hazard

Division 1.2 Placard

Explosives With a Projection Hazard

(US 6) when the Pass is open.

3.03

Commercial Vehicles, Motor Vehicles and Persons are prohibited at all times from transporting

the following placarded hazardous materials through the EJMT, and may not park in the parking

lots outside of EJMT.

PROHIBITED AT ALL TIMES FROM EJMT

Division 1.1 Placard

Explosives With a Mass Explosion Hazard

Division 1.2 Placard

Explosives With a Projection Hazard

Division 1.3 Placard

Explosives With Predominantly a Fire Hazard

Division 1.4 Placard

Explosives With No Significant Blast Hazard

Division 1.5 Placard

Very Insensitive Explosives: Blasting Agents

Division 4.3 Placard

Dangerous When Wet Materials

PROHIBITED AT ALL TIMES FROM EJMT

Division 5.2 Placard

Organic Peroxides

Division 2.3

Inhalation Hazard

Division 6.1 Placard

Poisonous Materials

(inhalation hazards only)

The HRCQ placard has the square background

behind the point on point placard. Compare Class 7

Placard Radioactive Materials under Rule 3.04.

Highway Route-Controlled Quantity

(HRCQ)

.

3.04

Materials Permitted to Use EJMT when Loveland Pass (US 6) is closed. Subject to the

requirements of these rules and all state and federal laws, Commercial Vehicles, Motor Vehicles

and Persons may transport the following hazardous materials through the EJMT only when

Loveland Pass (US 6) is closed.

PERMITTED TO USE EJMT WHEN LOVELAND PASS (US 6) IS CLOSED

SUBJECT TO RESTRICTION

Division 1.6 Placard

Extremely Insensitive Detonating

Substances

This is a point-on-point placard as distinguished

from HRCQ placard which has a square

background. HRCQ is prohibited at all times.

Class 7 Placard

Radioactive Materials

Division 2.1 Placard

Flammable Gases

Division 2.2 Placards

Non-Flammable, Non Poisonous Gases

Class 3 Placards

Flammable Liquids

Class 3 Placards

Combustible Liquids

PERMITTED TO USE EJMT WHEN LOVELAND PASS (US 6) IS CLOSED

SUBJECT TO RESTRICTION

Division 4.1 Placard

Flammable Solids

Division 4.2 Placard

Spontaneously Combustible Materials

d at all times.

Class 7 Placard

Radioactive Materials

Division 2.1 Placard

Flammable Gases

Division 2.2 Placards

Non-Flammable, Non Poisonous Gases

Class 3 Placards

Flammable Liquids

Class 3 Placards

Combustible Liquids

PERMITTED TO USE EJMT WHEN LOVELAND PASS (US 6) IS CLOSED

SUBJECT TO RESTRICTION

Division 4.1 Placard

Flammable Solids

Division 4.2 Placard

Spontaneously Combustible Materials

Division 5.1 Placard

Oxidizing Substances

Division 6.1 Placards

Poisonous or Toxic Materials (excludes

inhalation hazards)

Division 6.2 Label

Infectious Substances

Class 8 Placard

Corrosive Substances

Class 9 Placard

Miscellaneous Hazardous Materials

PERMITTED TO USE EJMT WHEN LOVELAND PASS (US 6) IS CLOSED

SUBJECT TO RESTRICTION

Dangerous Placard

Dangerous Hazardous Materials

ORM-D Label

Other Regulated Materials

3.05

Restrictions on Placarded Loads Carrying Hazardous Materials when Loveland Pass (US 6) is

Closed.

A.

Peak Period Operations. Peak Periods are those times of increased vehicle traffic

determined by the Department to warrant restrictions on the transporting of placarded

quantities of permitted hazardous materials.

1.

No vehicles containing placarded quantities of hazardous materials are allowed

to use EJMT during the following time frames:

Westbound

Saturday and Sunday mornings, from 7:01 a.m. to 9:59 a.m.

National Holidays when they fall on a Monday or Friday from 7:01 a.m. to

9:59 a.m.

Eastbound

Sunday afternoons, from 2:01 p.m. to 6:59 p.m.

National Holidays when they fall on a Monday or Friday, from 2:01 p.m.

to 6:59 p.m.

Special Provisions for New Years Day and Christmas Day.

The day preceding and the day following the holiday may be included in

the Peak Period restrictions. When Christmas Day or New Years’ Day

fall on a weekday, Peak Period restrictions may include Friday and

Saturday eastbound.

2.

National Holidays for purposes of these Rules are: New Year’s Day (January 1);

Martin Luther King, Jr

.

to 6:59 p.m.

Special Provisions for New Years Day and Christmas Day.

The day preceding and the day following the holiday may be included in

the Peak Period restrictions. When Christmas Day or New Years’ Day

fall on a weekday, Peak Period restrictions may include Friday and

Saturday eastbound.

2.

National Holidays for purposes of these Rules are: New Year’s Day (January 1);

Martin Luther King, Jr. Day (3rd Monday of January); President’s Day (3rd

Monday in February); Memorial Day (last Monday in May); Independence Day

(July 4); Labor Day (1st Monday in September); Thanksgiving Day (4th Thursday

in November) and Christmas Day (December 25).

3.

CDOT will provide real-time information specific to Commercial Motor Vehicles

including placarded loads carrying Hazardous Materials, on Interstate 70 with

details including road conditions, Loveland Pass closures, Hazmat holds at

EJMT, and forecasts of Peak Period travel delays. When feasible, CDOT may

route placarded quantities of hazardous materials through the EJMT during

significant gaps in traffic when Loveland Pass (US 6) is closed during Peak

Period restrictions.

4.

Loads carrying Placarded quantities of Hazardous Materials will be allowed to

Stage outside of the 300 foot restriction to the EJMT and at least 5 feet from the

State Highway in designated parking spaces. After these spaces are filled,

Persons, Motor Carriers and Commercial Vehicles may use Herman’s Gulch

(Exit 218), Officer’s Gulch (Exit 198) or other rest areas to Stage pending

notification from CDOT Tunnel personnel that access is permitted.

B.

Off-Peak Period Operations when Loveland Pass (US 6) is Closed. Once authorization

and specific direction is given by CDOT personnel, Motor Vehicles, Commercial Vehicles

and Persons transporting placarded quantities of Hazardous Materials under this Rule

may use the EJMT:

1.

Seven days a week on the hour; and

2.

Between the hours of 11 p.m. and 6 a.m. on the half hour

that access is permitted.

B.

Off-Peak Period Operations when Loveland Pass (US 6) is Closed. Once authorization

and specific direction is given by CDOT personnel, Motor Vehicles, Commercial Vehicles

and Persons transporting placarded quantities of Hazardous Materials under this Rule

may use the EJMT:

1.

Seven days a week on the hour; and

2.

Between the hours of 11 p.m. and 6 a.m. on the half hour.

3.06

All Motor Vehicles, Commercial Vehicles and Persons transporting authorized Hazardous

Materials through the EJMT shall:

Travel at speeds no faster than 30 miles per hour;

Not pass other vehicles; and

Maintain a minimum distance of 800 feet from other vehicles.

3.07

Hazmat Routes

3.07.1 The EJMT is not located on a designated hazardous materials route section. The

designated hazardous materials routes within the State of Colorado may be found at

http://dtdapps.coloradodot.info/staticdata/Downloads/StatewideMaps/HazMatMap.pdf.

See also http://www.coloradodot.info/business/hazmat-routing.

4.00

CDOT Tunnels and Snow Sheds

Structure

No.

Tunnel Name &

Location

Description

Route

Mile Post

NHS (Y/N)

H-03-BT

Interstate 70, MP

50.38, Beavertail

Tunnels

Bore 13.75 miles east of Grand

Junction in DeBeque Canyon

070A

50.38

Y

H-03-BU

Interstate 70, MP

50.38, Beavertail

Tunnels

Bore 13.75 miles east of Grand

Junction in DeBeque Canyon

070A

50.37

Y

F-07-Q

Interstate 70, MP

117.83, No Name

Tunnels

Bores 1.5 miles East of SH 82-

Grand Ave., Glenwood Springs

070A

117.81

Y

F-07-R

Interstate 70, MP

117.83, No Name

Tunnels

Bores 1.5 miles East of SH 82-

Grand Ave., Glenwood Springs

070A

117.8

Y

F-08-AP

Interstate 70, MP

125.7, Hanging Lake

Tunnels

Glenwood Canyon, 8.1 miles

east of Glenwood Springs

070A

125.23

Y

F-08-AQ

Interstate 70, MP

125.7, Hanging Lake

Tunnels

Bores, Glenwood Canyon, 8.1

miles east of Glenwood Springs

070A

125.24

Y

F-08-AT

Interstate 70, MP

127.12 Reverse

Curve

One bore West bound only,

10.5 miles east of Glenwood

Springs

070A

127.09

Y

F-13-X

Interstate 70, MP

213, Eisenhower/

Johnson Memorial

Tunnels

Bores, unde

nnels

Glenwood Canyon, 8.1 miles

east of Glenwood Springs

070A

125.23

Y

F-08-AQ

Interstate 70, MP

125.7, Hanging Lake

Tunnels

Bores, Glenwood Canyon, 8.1

miles east of Glenwood Springs

070A

125.24

Y

F-08-AT

Interstate 70, MP

127.12 Reverse

Curve

One bore West bound only,

10.5 miles east of Glenwood

Springs

070A

127.09

Y

F-13-X

Interstate 70, MP

213, Eisenhower/

Johnson Memorial

Tunnels

Bores, under the Continental

Divide, 60 miles west of Denver

070A

213.61

Y

F-13-Y

Interstate 70, MP

213, Eisenhower/

Johnson Memorial

Tunnels

Bores, under the Continental

Divide, 60 miles west of Denver

070A

213.61

Y

F-15-BN

Interstate 70, MP

242, Twin Tunnels

One bore each Tunnel, within

the city limits of Idaho Springs

(2.6 miles east of junction with

SH 103)

070A

242.11

Y

F-15-BO

Interstate 70, MP

242, Twin tunnels

One bore each Tunnel, within

the city limits of Idaho Springs

(2.6 miles east of junction with

SH 103)

070A

242.11

Y

F-17-FW

Interstate 225 MP

0.02 at Junction.

with Interstate-25

SB MP 200

Cut and cover Structure,

Junction I-225 Southbound only

with Interstate 25 Southbound

only

225A

F-15-AW

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

264.76

N

Structure

No.

Tunnel Name &

Location

Description

Route

Mile Post

NHS (Y/N)

F-15-AX

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

265.13

N

F-15-AY

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

270.37

N

F-15-X

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

258.94

N

F-15-Y

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

259.46

N

N-09-F

US160 - MP 174.8

Wolf Creek Pass

Tunnel

One bore, 31.15 miles east of

Pagosa Springs (located on

west side of Wolf Creek Pass)

160A

174.19

each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

258.94

N

F-15-Y

US 6 - MP259 to

270,

One bore each Tunnel, Five

Tunnels in Clear Creek Canyon

beginning 4 miles west of

Golden for 15 miles

006G

259.46

N

N-09-F

US160 - MP 174.8

Wolf Creek Pass

Tunnel

One bore, 31.15 miles east of

Pagosa Springs (located on

west side of Wolf Creek Pass)

160A

174.19

Y

L-06-P

US 550 - MP 90.86

Bear Creek Tunnel

One bore, 1.2 miles south of

Ouray in Ouray county

550B

90.84

Y

B-15-E

SH 14 - MP 107.2

One bore, 27.48 miles west of

Fort Collins in Roosevelt

National Forest

014B

107.23

N

D-15-AS

SH 119 - MP 37.6

One bore, in Boulder Canyon,

4.2 miles west of Junction with

SH 7 & SH 93

119A

37.69

N

M-06-AG

US 550 – MP 88.16

East Riverside Snow

Shed

Snow Shed

550B

88.16

Y

O-09-K

US 160 – MP

168.47 Alberta

Snow Shed

Snow Shed

160A

168.47

Y

5.00

Materials Incorporated by Reference

Copies of these Rules and of all other incorporated materials are available for public inspection during

regular business hours at the Colorado Department of Transportation, Office of Policy and Government

Relations, 4201 East Arkansas Avenue, Denver, Colorado 80222. Incorporated materials are also

maintained at the State Publications Depository and Distribution Center, 201 East Colfax Avenue,

Denver, Colorado 80203, and may be examined at any other state publications library via inter-library

loan. The following regulations and materials are incorporated by reference; such incorporation does not

include later amendments or editions of any incorporated material: Title 49 CFR parts 100 to 177, and 8

CCR 1507-25 “Rules and Regulations Concerning the Permitting, Routing & Transportation of Hazardous

and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado”

dated 4.30.2013.