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HomeMy WebLinkAbout2025-49 A Resolution of the Vail Town Council Approving a MOU between the Colorado State Patrol and the Vail Police Department for Commercial Motor Vehicle Inspections1 10/10/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C15CD8D\@BCL@0C15CD8D.DOCX RESOLUTION NO. 49 SERIES 2025 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO STATE PATROL AND THE VAIL POLICE DEPARTMENT FOR COMMERCIAL MOTOR VEHICLE INSPECTIONS NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Memorandum of Understanding between the Colorado State Patrol and the Vail Police Department is hereby approved in substantially the form attached hereto, subject to final approval by the Town Attorney. Upon such approval, the Mayor is authorized to execute the Memorandum of Understanding on behalf of the Town. INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st day of October, 2025. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO STATE PATROL AND THE VAIL POLICE DEPARTMENT The COLORADO STATE PATROL is given authority granted by the Patrol Act in §24-33.5-201, et seq. C.R.S. and §42-4-235, C.R.S. to conduct commercial motor vehicle safety inspections throughout the state of Colorado. The COLORADO STATE PATROL has joined with the Commercial Vehicle Safety Alliance (CVSA) to adopt and enforce state and federal laws and regulations governing commercial motor vehicle inspections and the CVSA Out-of-Service Criteria throughout the state of Colorado. The VAIL POLICE DEPARTMENT wishes to conduct commercial vehicle safety inspections, consistent with CVSA guidelines within their jurisdiction, pursuant to state and federal laws and regulations, in partnership with the COLORADO STATE PATROL and the CVSA. The COLORADO STATE PATROL and CVSA have agreed to allow the VAIL POLICE DEPARTMENT to conduct such commercial motor vehicle safety inspections, in order to: -Maximize the effective utilization of commercial motor vehicle driver and cargo inspection resources; -Avoid duplication of effort and promote the uniformity of inspections; -Expand the number of inspections performed statewide in Colorado; and, -Minimize the delays experienced by operators of commercial motor vehicles due to inspections. The COLORADO STATE PATROL and the VAIL POLICE DEPARTMENT hereby agree as follows: 1.The COLORADO STATE PATROL will continue to inspect commercial motor vehicles pursuant to authority granted by §24-33.5-201 et seq. and §42-4-235, C.R.S. on interstate, state, and county highways. 2.The VAIL POLICE DEPARTMENT will confine their commercial motor vehicle inspection activities to those interstate, state, and county highways within their jurisdiction. 3.The VAIL POLICE DEPARTMENT may participate in consolidated safety efforts with the COLORADO STATE PATROL on an annual basis; related to commercial motor vehicle safety inspections. Revised: March 12, 2025 Page 2 4.The VAIL POLICE DEPARTMENT will participate in a coaching/mentorship program with the COLORADO STATE PATROL as a requirement for initial certification. 5.Pursuant to a separate Memorandum of Understanding (MOU) between the COLORADO STATE PATROL and the CVSA regarding inspection procedures, all commercial motor vehicle inspections shall be performed by qualified inspectors following the North American Uniform Inspection procedures and using the CVSA Out-of-Service Criteria. These criteria support uniformity and reciprocity with other law enforcement agencies throughout Colorado and the United States. 6.The VAIL POLICE DEPARTMENT shall: a.Certify that officers performing commercial motor vehicle inspections are qualified (and remain qualified) to conduct such inspections pursuant to §42-4-235(4)(a), C.R.S. b.Comply with the rules adopted pursuant to §42-4-235(4)(a), C.R.S. when performing commercial motor vehicle inspections. c.Provide VAIL POLICE DEPARTMENT officers conducting commercial vehicle inspections with access to the Federal Motor Carrier Safety Administration (FMCSA) Information Technology Systems as well as the COLORADO STATE PATROL Commercial Vehicle Information Exchange Window (CVIEW) program. Officers shall sign and agree to all end user agreements with the COLORADO STATE PATROL before being granted access to these technological support programs. d.Provide access and training to SAFESPECT, a web-based inspection program to be used for all inspections conducted in conformance with this Agreement. A copy shall be provided to the driver of an inspected commercial vehicle at the completion of the inspection. e.Ensure completed inspections are submitted in SAFESPECT immediately upon completing the inspection. All submitted inspections in SAFESPECT will be approved and uploaded by the Colorado State Patrol in the SAFESPECT program. f.Require that all defects disclosed during an inspection be corrected within the time limits required under federal law, state law and regulations. Revised: March 12, 2025 Page 3 g.Issue CVSA decals to commercial motor vehicles that pass a Level I inspection (decals to be furnished by the COLORADO STATE PATROL to the POLICE DEPARTMENT). h.Honor current inspections and CVSA decals issued by authorized agencies in the CVSA. 7. Failure to comply with any of the provisions of this MOU by the VAIL Police Department shall be grounds for the COLORADO STATE PATROL to render this MOU null and void. All MOU’s are reviewed for compliance every two (2) years and may be extended for an additional two (2) years absent written notice to terminate by either party. This Memorandum of Understanding was approved by all parties hereto this day of , . COLORADO STATE PATROL, MOTOR CARRIER SAFETY ASSISTANCE PROGRAM Signature of Authorized Official Printed Name Title Date VAIL POLICE DEPARTMENT Signature of Authorized Official Printed Name Title Date