Last year the General Assembly missed a chance to correct an error made several years ago when the legislature, as part of a broader modification of sentencing and penalties for various offenses, included a reduction in the penalty for driving a large truck without a Commercial Driver’s License (CDL), which is required under the law.

In effect that change reduced the penalty whereby a driver of an 80,000-pound tractor trailer who fails to have a CDL (which is a credential that reflects the driver has been trained to operate a vehicle of that size, and passed a special test to demonstrate those skills) from a Class 1 misdemeanor with a fine of up to $1,000 to a traffic infraction of $100.

This equates to the same penalty for an individual driving a 3,500-pound Toyota Prius without a license as someone driving a tractor trailer more than 20 times heavier. One doesn’t need to be a rocket scientist to understand the additional challenges and skill set required to drive a tractor trailer nor the increased danger and hazard from an unskilled driver who could crash one of these vehicles into others on our highways. Various truck and highway safety groups were not aware the change occurred and sought to rectify the mistake in the past year in another measure, but were unsuccessful. 

The failure to redress this issue last year was due to some confusion and misunderstanding as to the intent of this change and how it would be implemented. As a result this adjustment in the law was not made and Colorado has the discomfiting distinction of having the lowest penalty in the country for driving a heavy-duty truck or bus without a professional license. Such a penalty will do little to discourage individuals from driving without a CDL, despite the fact some may have had their license suspended or revoked due to unsafe driving practices, or for possibly never having a CDL in the first place. In addition, that penalty will not dissuade shady companies from hiring those individuals. 

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What was particularly disconcerting for many of us was the legislature’s action came on the heels of an accident in the summer of 2022 on Interstate 25 in Weld County where the driver of a truck who did not have a valid commercial driver’s license crashed into the rear of a car of a family carrying four adults and a 3-month old baby, all of whom died in the crash. The Godine family was returning to their home in Gillette, Wyoming after a shopping trip to Denver when, because of an earlier accident further north on I-25, traffic slowed to 5 miles-per-hour. They were creeping along when they were struck from the rear by the truck traveling at a high rate of speed. 

Though the press reported the driver of the truck was a truck driver, it would be unfair to confuse him with the thousands of professional truck drivers in our country today who take pride in their professionalism and safe driving records. The driver of this truck did not possess a CDL and was reported to be driving recklessly prior to the accident. There’s no indication he received any formal training nor passed the required test to qualify as a driver of a commercial vehicle. Further it does not appear the company that hired him did any of the formal screening and checks to ensure the people they hired were qualified and safe drivers. 

For the family of the individuals who perished in the accident on I-25, it was particularly disheartening. They believed an accident of this nature would motivate lawmakers to take the appropriate step toward trying to prevent further tragedies of this nature. To their extreme disappointment that didn’t happen.

The lives of the Godine family members mattered to their loved ones and they should matter to the rest of us. In listening to the mother of one of the victims discuss her sense of loss and grief, one can hear the great void this tragic event created in her life as well as the rest of their family, and the realization their lives are forever changed.  

The state legislature has an opportunity to right this wrong this year by passing HB-1135 and restoring the penalty to a Class 1 misdemeanor. This would send the message our state will hold people and their companies accountable for driving without the proper credentials and training when operating a large truck. The action also hopefully may help to prevent another family from experiencing the pain of the remaining members of the Godine family. 

Greg Fulton is the president of the Colorado Motor Carriers Association, which represents more than 600 companies directly involved in, and affiliated with trucking in Colorado.