C.R.S. § 42-1-101 Short title
42-1-101. Short title. Articles 1 to 4 of this title shall be known and may be cited as the "Uniform Motor Vehicle Law".
General and Administrative
C.R.S. tit. 42, art. 1
in effectC.R.S. § 42-1-102 Definitions
42-1-102. Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
(1) "Acceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.
(2) "Administrator" means the property tax administrator.
(3) "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.
(4) "Apportioned registration" means registration of a vehicle pursuant to a reciprocal agreement under which the fees paid for registration of such vehicle are ultimately divided among the several jurisdictions in which the vehicle travels, based upon the number of miles traveled by the vehicle in each jurisdiction or upon some other agreed criterion.
(4.5) "Appurtenance" means a piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. "Appurtenance" does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle.
(5) "Authorized agent" means the county clerk and recorder in each county in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of, titling of, or filing of liens on motor vehicles, wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway vehicles, and manufactured homes.
(6) "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law:
(a) Privately owned vehicles as are designated by the state motor vehicle licensing agency necessary to the preservation of life and property; or
(b) Privately owned tow trucks approved by the public utilities commission to respond to vehicle emergencies.
(7) "Authorized service vehicle" means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the department of transportation under section 42-4-214 (5). Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.
(7.5) (a) "Autocycle" means a three-wheeled motor vehicle in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237 (1)(b).
ion 42-4-214 (5). Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.
(7.5) (a) "Autocycle" means a three-wheeled motor vehicle in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237 (1)(b).
(b) As used in this subsection (7.5), "partly enclosed seating area" means a seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed.
(7.7) "Automated driving system" means hardware and software that are collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 automation in SAE International's standard J3016, as it existed in September 2016.
(8) "Automobile" means any motor vehicle.
(8.5) "BAC" means either:
(a) A person's blood alcohol content, expressed in grams of alcohol per one hundred milliliters of blood as shown by analysis of the person's blood; or
(b) A person's breath alcohol content, expressed in grams of alcohol per two hundred ten liters of breath as shown by analysis of the person's breath.
(9) "Base jurisdiction" means the state, province, or other jurisdiction which receives, apportions, and remits to other jurisdictions moneys paid for registration of a vehicle pursuant to a reciprocal agreement governing registration of vehicles.
(10) "Bicycle" means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.
(10.3) "Bicycle lane" means a portion of the roadway that has been designated by striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized users of bicycle lanes. "Bicycle lane" includes an intersection if the bicycle lane is marked on opposite sides of the intersection.
(10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated files, or portions thereof, in the same form as those files exist within the department.
(11) "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
(12) "Calendar year" means the twelve calendar months beginning January 1 and ending December 31 of any year.
(13) "Camper coach" means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations.
(14) "Camper trailer" means a wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.
(15) "Chauffeur" means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.
out motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.
(15) "Chauffeur" means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.
(16) "Classified personal property" means any personal property which has been classified for the purpose of imposing thereon a graduated annual specific ownership tax.
(16.5) "Colorado DRIVES" is an acronym that stands for "Colorado driver's license, record, identification, and vehicle enterprise solution" and means the driver and vehicle services information technology system that the department uses to provide driver, identification, and vehicle title and registration services to Colorado residents.
(17) "Commercial carrier" means any owner of a motor vehicle, truck, laden or unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or otherwise in any business or commercial enterprise.
(17.5) "Commercial vehicle" means a vehicle used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This subsection (17.5) shall not apply for purposes of sections 42-4-235 and 42-4-707 (1).
(18) "Controlled-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
(19) "Convicted" or "conviction" means:
(a) A plea of guilty or nolo contendere;
(b) A verdict of guilty;
(c) An adjudication of delinquency under title 19, C.R.S.;
(d) The payment of a penalty assessment under section 42-4-1701 if the summons states clearly the points to be assessed for the offense; and
(e) As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402:
(I) An unvacated adjudication of guilt or a determination by an authorized administrative hearing that a person has violated or failed to comply with the law;
(II) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;
(III) The payment of a fine or court cost or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated; or
(IV) A deferred sentence.
(20) "Court" means any municipal court, county court, district court, or any court having jurisdiction over offenses against traffic regulations and laws.
(21) "Crosswalk" means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.
(22) "Dealer" means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under articles 1 to 4 of this title and who has an established place of business for such purpose in this state.
lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.
(22) "Dealer" means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under articles 1 to 4 of this title and who has an established place of business for such purpose in this state.
(23) "Deceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic.
(23.5) "Declared gross vehicle weight" means the combined weight of the vehicle or combination vehicle and its cargo when operated on the public highways of this state. Such weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept of all miles operated by each vehicle over the public highways of this state by the owner of each vehicle.
(24) "Department" means the department of revenue acting directly or through a duly authorized officer, agent, or third-party provider.
(24.3) "Discharged LGBT veteran" has the same meaning as set forth in section 28-5-100.3.
(24.5) "Distinctive special license plate" means a special license plate that is issued to a person because such person has an immutable characteristic or special achievement honor. Such special achievement honor shall not include a common achievement such as graduating from an institution of higher education. Such special achievement shall include honorable service in the armed forces of the United States. "Distinctive special license plate" shall include a license plate that is issued to a person or the person's family to honor such person's service in the armed forces.
(25) "Divided highway" means a highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual.
(26) "Drive-away transporter" or "tow-away transporter" means every person engaged in the transporting of vehicles which are sold or to be sold and not owned by such transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof.
(27) "Driver" means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.
(27.3) "DUI" means driving under the influence, as defined in section 42-4-1301 (1)(f), and use of the term shall incorporate by reference the offense described in section 42-4-1301 (1)(a).
(27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term shall incorporate by reference the offense described in section 42-4-1301 (2)(a).
(27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301 (1)(g), and use of the term shall incorporate by reference the offense described in section 42-4-1301 (1)(b).
(27.8) (a) "Dynamic driving task" means all of the following aspects of driving:
(I) Operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and
(II) Tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions.
reference the offense described in section 42-4-1301 (1)(b).
(27.8) (a) "Dynamic driving task" means all of the following aspects of driving:
(I) Operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and
(II) Tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions.
(b) "Dynamic driving task" does not include strategic aspects, including determining destinations or way points, of driving.
(28) "Effective date of registration period certificate" means the month in which a fleet owner must register all fleet vehicles.
(28.5) "Electrical assisted bicycle" means a vehicle having two or three wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows:
(a) "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
(b) "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
(c) "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.
(28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, nontandem two-wheeled device, designed to transport only one person, that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty watts.
(28.8) (a) "Electric scooter" means a device:
(I) Weighing less than one hundred pounds;
(II) With handlebars and an electric motor;
(III) That is powered by an electric motor; and
(IV) That has a maximum speed of twenty miles per hour on a paved level surface when powered solely by the electric motor.
(b) "Electric scooter" does not include an electrical assisted bicycle, EPAMD, motorcycle, or low-power scooter.
(29) "Empty weight" means the weight of any motor vehicle or trailer or any combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department.
(30) "Essential parts" means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
(31) "Established place of business" means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where such dealer's or manufacturer's books and records are kept and a large share of his or her business transacted.
(31.5) "Exceptions processing" means the procedures the department uses to assist persons who are unable for reasons beyond their control to present all the necessary documents required by the department and must rely on alternative documents to establish identity, date of birth, or United States citizenship in lieu of lawful presence in the United States.
(32) "Explosives and hazardous materials" means any substance so defined by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389.
(33) "Farm tractor" means every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.
(34) "Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device.
title 49, chapter 1, parts 173.50 through 173.389.
(33) "Farm tractor" means every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.
(34) "Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device.
(35) "Fleet operator" means any resident who owns or leases ten or more motor vehicles, trailers, or pole trailers and who receives from the department a registration period certificate in accordance with article 3 of this title.
(36) "Fleet vehicle" means any motor vehicle, trailer, or pole trailer owned or leased by a fleet operator and registered pursuant to section 42-3-125.
(37) "Foreign vehicle" means every motor vehicle, trailer, or semitrailer which is brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.
(38) "Fullmount" means a vehicle which is mounted completely on the frame of the first vehicle or last vehicle in a saddlemount combination.
(39) "Garage" means any public building or place of business for the storage or repair of automobiles.
(39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation on roadways and that has:
(a) A design speed of less than twenty miles per hour;
(b) At least three wheels in contact with the ground;
(c) An empty weight of not more than one thousand three hundred pounds; and
(d) A carrying capacity of not more than four persons.
(40) "Graduated annual specific ownership tax" means an annual tax imposed in lieu of an ad valorem tax upon the personal property required to be classified by the general assembly pursuant to the provisions of section 6 of article X of the state constitution.
(41) "Gross dollar volume" means the total contracted cost of work performed or put in place in a given county by the owner or operator of special mobile machinery.
(41.5) "Group special license plate" means a special license plate that is not a distinctive plate and is issued to a group of people because such people have a common interest or affinity.
(41.7) Repealed.
(42) "High occupancy vehicle lane" means a lane designated pursuant to the provisions of section 42-4-1012 (1).
(43) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.
(43.3) "Human operator" means a natural person in the vehicle with immediate access to controls for steering, braking, and acceleration.
(43.5) "Immediate family" means a person who is related by blood, marriage, or adoption.
(44) (a) On and after July 1, 2000, "implement of husbandry" means every vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry.
bines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry.
(b) Effective July 1, 2013, for purposes of this section, "implements of husbandry" includes personal property valued by the county assessor as silvicultural.
(44.5) "Inoperable vehicle" means a vehicle that is not roadworthy, as defined in section 42-6-102 (15).
(45) "Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.
(45.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin.
(46) "Lane" means the portion of a roadway for the movement of a single line of vehicles.
(47) "Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.
(47.3) "Last-known address" means:
(a) For notifications regarding motor vehicles, the most recent mailing address provided on a vehicle registration or vehicle registration mailing address change notification provided in accordance with section 42-3-113 or the corrected address as reported by an address correction service licensed by the United States postal service;
(b) For notifications regarding driving privileges, driver's licenses, or identification cards when there is a driver's license or identification card on file with the department, the most recent of either:
(I) The mailing address provided by an applicant for a driver's license or identification card;
(II) The mailing address stated on an address change notification provided to the department pursuant to subsection (47.3)(a) of this section; or
(III) The corrected address as reported by an address correction service licensed by the United States postal service;
(c) For notifications regarding driving privileges or identification cards when there is no driver's license or identification card on file with the department, the most recent address shown on any other record on file with the department pursuant to this article 1 and as may be corrected by an address correction service licensed by the United States postal service.
(47.5) "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title 4, C.R.S., and this article.
(48) "Local authorities" means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state.
(48.5) (a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:
(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or
(II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.
a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:
(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or
(II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.
(b) "Low-power scooter" does not include a toy vehicle, bicycle, electrical assisted bicycle, electric scooter, wheelchair, or any device designed to assist people with mobility impairments who use pedestrian rights-of-way.
(48.6) "Low-speed electric vehicle" means a vehicle that:
(a) Is self-propelled utilizing electricity as its primary propulsion method;
(b) Has at least three wheels in contact with the ground;
(c) Does not use handlebars to steer; and
(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565.
(48.8) "Manufactured home" means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle.
(49) "Manufacturer" means any person, firm, association, corporation, or trust, whether resident or nonresident, who manufactures or assembles new and unused motor vehicles of a type required to be registered under articles 1 to 4 of this title.
(50) "Manufacturer's suggested retail price" means the retail price of such motor vehicle suggested by the manufacturer plus the retail price suggested by the manufacturer for each accessory or item of optional equipment physically attached to such vehicle prior to the sale to the retail purchaser.
(51) "Markings" means all lines, patterns, words, colors, or other devices, except signs, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic.
(52) "Metal tires" means all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(52.5) "Military vehicle" means a vehicle of any size or weight that is valued for historical purposes, that was manufactured for use by any nation's armed forces, and that is maintained in a condition that represents its military design and markings.
(53) "Minor driver's license" means the license issued to a person who is at least sixteen years of age but who has not yet attained the age of twenty-one years.
(54) (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, § 1, effective October 1, 2010.)
(55) (a) "Motorcycle" means a motor vehicle that:
(I) Uses handlebars connected to the front wheel or wheels to steer;
(II) Has a seat the rider sits astride; and
(III) Is designed to travel on not more than three wheels in contact with the ground.
(b) "Motorcycle" does not include a farm tractor, low-speed electric vehicle, or low-power scooter.
(56) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1, 2009.)
(57) "Motor home" means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.
(58) "Motor vehicle":
does not include a farm tractor, low-speed electric vehicle, or low-power scooter.
(56) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1, 2009.)
(57) "Motor home" means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.
(58) "Motor vehicle":
(a) Means 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, a low-speed electric vehicle, or an autocycle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection (58)(b) of this section, wheelchairs, or vehicles moved solely by human power;
(b) Includes a low-power scooter for the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1; and
(c) Does not include a farm tractor or an off-highway vehicle, except for the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, when operated on streets and highways.
(59) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1, 2009.)
(60) "Mounted equipment" means any item weighing more than five hundred pounds that is permanently mounted on a vehicle, including mounting by means such as welding or bolting the equipment to a vehicle.
(60.3) "Multipurpose trailer" means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle over the public highways. A "multipurpose trailer" is generally and commonly used for temporary living or sleeping accommodation and transporting property wholly upon its own structure and is registered as a vehicle.
(60.5) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, § 4, effective August 5, 2009.)
(61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise.
(62) "Nonresident" means every person who is not a resident of this state.
(63) "Off-highway vehicle" shall have the same meaning as set forth in section 33-14.5-101 (3), C.R.S.
(64) "Official traffic control devices" means all signs, signals, markings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(65) "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(66) "Owner" means a person who holds the legal title of a vehicle; or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of this title. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more.
ate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of this title. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more.
(67) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.
(68) "Pedestrian" means any person afoot or any person using a wheelchair.
(68.5) (a) "Persistent drunk driver" means any person who:
(I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-related driving violations;
(II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses;
(III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or
(IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).
(b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1)(g) and (1)(i) and 42-2-202 (2).
(69) "Person" means a natural person, estate, trust, firm, copartnership, association, corporation, or business entity.
(69.5) "Plug-in electric motor vehicle" means:
(a) A motor vehicle that has received an acknowledgment of certification from the federal internal revenue service that the vehicle qualifies for the plug-in electric drive vehicle credit set forth in 26 U.S.C. sec. 30D, as amended, or any successor statute; or
(b) Any motor vehicle that can be recharged from an external source of electricity and that uses electricity stored in a rechargeable battery pack to propel or contribute to the propulsion of the vehicle's drive wheels.
(70) "Pneumatic tires" means all tires inflated with compressed air.
(71) "Pole", "pipe trailer", or "dolly" means every vehicle of the trailer type having one or more axles not more than forty-eight inches apart and two or more wheels used in connection with a motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly resting upon the towing vehicle. All the registration provisions of articles 1 to 4 of this title shall apply to every pole, pipe trailer, or dolly.
(72) "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(72.2) "Power takeoff equipment" means equipment that is attached to a motor vehicle and is powered by the motor that powers the locomotion of the motor vehicle.
(72.5) "Primary user" means an organization that collects bulk data for the purpose of in-house business use.
(72.7) "Principal office" means the office in this state designated by a fleet owner as its principal place of business.
(73) "Private road" or "driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.
(74) Repealed.
the motor vehicle.
(72.5) "Primary user" means an organization that collects bulk data for the purpose of in-house business use.
(72.7) "Principal office" means the office in this state designated by a fleet owner as its principal place of business.
(73) "Private road" or "driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.
(74) Repealed.
(75) "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(76) "Reciprocal agreement" or "reciprocity" means an agreement among two or more states, provinces, or other jurisdictions for coordinated, shared, or mutual enforcement or administration of laws relating to the registration, operation, or taxation of vehicles and other personal property in interstate commerce. The term includes without limitation the "international registration plan" and any successor agreement providing for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes.
(77) "Reconstructed vehicle" means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models, and types or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.
(78) "Registration period" or "registration year" means any consecutive twelve-month period.
(79) "Registration period certificate" means the document issued by the department to a fleet owner, upon application of a fleet owner, which states the month in which registration is required for all motor vehicles owned by the fleet owner.
(80) "Residence district" means the territory contiguous to and including a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
(81) "Resident" means any person who owns or operates any business in this state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever shall occur first.
(82) "Right-of-way" means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
(83) "Road" means any highway.
(84) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.
(85) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.
(85.5) "Roughed-in road" means an area of ground that has been cut with the intention to make a highway but which has not been improved enough to make the area qualify as a highway.
e use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.
(85.5) "Roughed-in road" means an area of ground that has been cut with the intention to make a highway but which has not been improved enough to make the area qualify as a highway.
(86) "Saddlemount combination" means a combination of vehicles in which a truck or laden or unladen truck tractor tows one or more additional trucks or laden or unladen truck tractors and in which each such towed truck or laden or unladen truck tractor is connected by a saddle to the frame or fifth wheel of the vehicle immediately in front of such truck or laden or unladen truck tractor. For the purposes of this subsection (86), "saddle" means a mechanism which connects the front axle of a towed vehicle to the frame or fifth wheel of a vehicle immediately in front of such towed vehicle and which functions like a fifth wheel kingpin connection. A saddlemount combination may include one fullmount.
(87) "Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
(88) "School bus" means a motor vehicle that is designed and used specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or without the territorial limits of any district and whether or not the activity occurs during school hours. "School bus" does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity.
(88.5) (a) "School vehicle" means a motor vehicle, including but not limited to a school bus, that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity.
(b) "School vehicle" does not include:
(I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity; or
(II) A motor vehicle that is owned by or under contract to a child care center, as defined in section 26-6-903 or 26.5-5-303, and that is used for the transportation of children who are served by the child care center.
(89) "Semitrailer" means any wheeled vehicle, without motor power, designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways.
(90) "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
(90.5) (a) "Signature" means either a written signature or an electronic signature.
ried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways.
(90) "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
(90.5) (a) "Signature" means either a written signature or an electronic signature.
(b) "Electronic signature" has the same meaning as set forth in section 24-71-101.
(91) "Snowplow" means any vehicle originally designed for highway snow and ice removal or control or subsequently adapted for such purposes which is operated by or for the state of Colorado or any political subdivision thereof.
(92) "Solid rubber tires" means every tire made of rubber other than a pneumatic tire.
(93) "Specially constructed vehicle" means any vehicle which has not been originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles.
(93.5) (a) "Special mobile machinery" means machinery that is pulled, hauled, or driven over a highway and is either:
(I) A vehicle or equipment that is not designed primarily for the transportation of persons or cargo over the public highways; or
(II) A motor vehicle that may have been originally designed for the transportation of persons or cargo over the public highways, and has been redesigned or modified by the addition of mounted equipment or machinery, and is only incidentally operated or moved over the public highways.
(b) "Special mobile machinery" includes vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.
(94) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers.
(95) "State" means a state, territory, organized or unorganized, or district of the United States.
(96) "State motor vehicle licensing agency" means the department of revenue.
(97) "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation commission.
(98) "Steam and electric trains" includes:
(a) "Railroad", which means a carrier of persons or property upon cars, other than street cars, operated upon stationary rails;
(b) "Railroad train", which means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;
(c) "Streetcar", which means a car other than a railroad train for transporting persons or property upon rails principally within a municipality.
(99) "Stinger-steered" means a semitrailer combination configuration wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.
(100) "Stop" or "stopping" means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
(101) "Stop line" or "limit line" means a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer.
(101.5) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design that has been modified for safe road use.
raffic or in compliance with the directions of a police officer or official traffic control device.
(101) "Stop line" or "limit line" means a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer.
(101.5) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design that has been modified for safe road use.
(102) "Supervisor" means the executive director of the department of revenue or head of a group, division, or subordinate department appointed by the executive director in accordance with article 35 of title 24, C.R.S.
(102.5) "Surge brakes" means a system whereby the brakes of a trailer are actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration.
(102.7) "Temporary special event license plate" means a special license plate valid for a limited time period that is issued to a person or group of people in connection with a special event. "Temporary special event license plate" does not mean a special plate for the purposes of section 42-3-207.
(102.8) "Third-party provider" means an electronic vehicle or special mobile machinery registration, lien, or titling service provider that is approved by the department to perform the registration, lien, and titling functions set forth in articles 1 to 6 of this title 42.
(103) "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device when such signs or devices are erected as provided by law.
(103.5) (a) "Toy vehicle" means any vehicle that has wheels and is not designed for use on public highways or for off-road use.
(b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters.
(c) "Toy vehicle" does not include electric scooters, off-highway vehicles, or snowmobiles.
(104) "Traffic" means pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any highway for the purposes of travel.
(105) "Trailer" means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways. The term includes, but is not limited to, multipurpose trailers as defined in subsection (60.3) of this section.
(106) "Trailer coach" means a wheeled vehicle having an overall length, excluding towing gear and bumpers, of not less than twenty-six feet, without motive power, that is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and that may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle.
(107) "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer.
(108) "Truck" means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways.
d in the business of delivering vehicles of a type required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer.
(108) "Truck" means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways.
(109) "Truck tractor - laden" or "laden truck tractor" means any motor vehicle carrying cargo that is generally and commonly designed and used to draw, and is drawing, a semitrailer or trailer and its cargo load over the public highways.
(109.5) "Truck tractor - unladen" or "unladen truck tractor" means any motor vehicle not carrying cargo that is generally used to draw a semitrailer or trailer and its cargo load over the public highways.
(109.7) "UDD" means underage drinking and driving, and use of the term shall incorporate by reference the offense described in section 42-4-1301 (2)(d).
(110) "Used vehicle" means every motor vehicle which has been sold, bargained for, exchanged, or given away, or has had the title transferred from the person who first acquired it from the manufacturer or importer, and has been so used as to have become what is commonly known as "secondhand" within the ordinary meaning thereof.
(111) "Utility trailer" means any wheeled vehicle weighing two thousand pounds or less, without motive power, which is designed to be drawn by a motor vehicle and which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads of trash and rubbish, or not to exceed two horses over the public highways.
(112) "Vehicle" means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes a bicycle, electrical assisted bicycle, electric scooter, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.
(112.5) "Vendor" means an organization that collects bulk data for the purpose of reselling the data.
(113) "Wheelchair" means a motorized or nonmotorized wheeled device designed for use by a person with a physical disability.
C.R.S. § 42-1-201 Administration - supervisor
42-1-201. Administration - supervisor. The executive director of the department is empowered to administer and enforce the provisions of articles 1 to 4 of this title. There shall be at least one supervisor who shall be employed under section 13 of article XII of the state constitution.
C.R.S. § 42-1-202 Have charge of all divisions
42-1-202. Have charge of all divisions. The supervisor shall have charge of all divisions as provided in articles 1 to 4 of this title to carry out the purposes of said articles.
C.R.S. § 42-1-203 Executive director to cooperate with others - local compliance required
42-1-203. Executive director to cooperate with others - local compliance required. (1) The executive director of the department shall coordinate motor vehicle enforcement throughout the state by cooperating with other officials connected with traffic enforcement, as may appear to the executive director as advantageous. The executive director shall bring to the attention of proper officials information and statistics in connection with enforcement and shall urge the desirability and necessity of uniformity. It is the executive director's duty to cooperate and confer with officials of other states charged with like duties, and the executive director is authorized to attend conferences called among said officials, and the executive director's necessary traveling expenses in attending said meetings shall be paid as are other traveling expenses of said department.
(2) In the coordination of motor vehicle law enforcement reporting throughout the state, the executive director, upon the failure of any local jurisdiction to take the necessary steps to achieve uniformity, may order such local jurisdiction to come into conformity with state coordination plans, including all information and statistics relating thereto.
C.R.S. § 42-1-204 Uniform rules and regulations
42-1-204. Uniform rules and regulations. The executive director of the department has the power to make uniform rules and regulations not inconsistent with articles 1 to 4 of this title and to enforce the same.
C.R.S. § 42-1-205 Record of official acts - seal
42-1-205. Record of official acts - seal. The executive director of the department shall keep a record of all the executive director's official acts and shall preserve a copy of all decisions, rules, and orders made by the executive director, and the executive director shall adopt an official seal for the department. Copies of any act, rule, order, or decision made by the executive director or of any paper or papers filed in the executive director's office may be authenticated by the executive director or the executive director's deputy under said seal at a cost not exceeding one dollar for each authentication and when so authenticated shall be evidence equally with and in like manner as the originals and may be received by the courts of this state as evidence of the contents.
C.R.S. § 42-1-206 Records open to inspection - furnishing of copies - rules
42-1-206. Records open to inspection - furnishing of copies - rules. (1) (a) Except as provided in part 2 of article 72 of title 24, C.R.S., and subsection (6) of this section, all records made public records by any provision of this title and kept in the office of the department shall be open to inspection by the public during business hours under such reasonable rules relating thereto as the executive director of the department may prescribe.
(b) (I) For purposes of subsections (1) to (3) and (5) of this section, "law" means the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721 et seq., the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq., part 2 of article 72 of title 24, part 21 of article 30 of title 24, article 74 of title 24, and this section. The department shall prepare a requester release form and make the form available to the department's authorized agents. The form must include the following:
(A) A statement indicating whether the requester will use the motor vehicle or driver records or transfer or resell such records to another person for any purpose prohibited by law;
(B) A warning that any person using motor vehicle or driver records, or obtaining, reselling, or transferring these records, for purposes prohibited by law may be subject to civil or criminal penalties under federal and state law; and
(C) An affidavit of intended use that states that such requester shall not obtain, use, resell, or transfer the information for any purpose prohibited by law.
(II) The department or an authorized agent shall require any person, other than a person in interest as defined in section 24-72-202 (4), C.R.S., or a federal, state, or local government agency carrying out its official functions, requesting inspection of a motor vehicle or driver record from the department or agent individually or in bulk, to sign a requester release form and, under penalty of perjury, an affidavit of intended use prior to providing the record to such person. The department or authorized agent may allow inspection of motor vehicle and driver records only as authorized under section 24-72-204 (7), C.R.S.
(2) (a) Except as provided in subsection (6) of this section, upon written application and the payment of a fee per copy, or a record search for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident report specifically made a public record by this title and shall, if requested, certify the same. The department shall set the fee in accordance with section 42-2-114.5. The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(b) An authorized agent of the department shall not provide the service of furnishing copies of certain records to members of the public if copies of such records are available to the public directly from the department.
(3) Repealed. / (Deleted by amendment, L. 99, p. 345, § 3, effective April 16, 1999.)
(3.5) (a) The department shall not sell, permit the sale of, or otherwise release to anyone other than the person in interest any photograph, electronically stored photograph, digitized image, fingerprint, or social security number filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121 (2)(c)(I)(F) or (2)(c)(I)(H).
(b) Nothing in this subsection (3.5) shall prevent the department from sharing any information with a criminal justice agency as defined in section 24-72-302 (3); except that this subsection (3.5) does not apply to a request made for the purpose of investigating for, participating in, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325 and 8 U.S.C. sec. 1326, except as required by federal law or state law or as required to comply with a court-issued subpoena, warrant, or order.
24-72-302 (3); except that this subsection (3.5) does not apply to a request made for the purpose of investigating for, participating in, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325 and 8 U.S.C. sec. 1326, except as required by federal law or state law or as required to comply with a court-issued subpoena, warrant, or order.
(c) (Deleted by amendment, L. 2000, p. 1340, § 2, effective May 30, 2000.)
(d) The department of revenue shall make every effort to retrieve all copies of photographs, electronically stored photographs, or digitized images that may have been sold by the department under subsection (3), as said subsection existed prior to its repeal in 1999, of this section.
(e) Notwithstanding subsection (3.5)(a) of this section or part 3 of article 72 of title 24, the department may transmit the driver or cardholder image from its driver's license and identification card records to the driver licensing agency of any other state for the purposes of identifying driver's license applicants and violators. The department may promulgate rules to implement this provision.
(3.7) (a) The department shall establish a system to allow bulk electronic transfer of information to primary users and vendors who are permitted to receive such information pursuant to section 24-72-204 (7), C.R.S. Bulk transfers to vendors shall be limited strictly to vendors who transfer or resell such information for purposes permitted by law. Such information shall consist of the information contained in a driver's license application under section 42-2-107, a driver's license renewal application under section 42-2-118, a duplicate driver's license application under section 42-2-117, a commercial driver's license application under section 42-2-403, an identification card application under section 42-2-302, a motor vehicle title application under section 42-6-116, a motor vehicle registration application under section 42-3-113, or other official record or document maintained by the department under section 42-2-121.
(b) The department shall promulgate rules governing annual contracts with primary users and vendors for the purpose of establishing bulk electronic transfer of information to primary users and vendors pursuant to an annual affidavit and release form and shall require that the contracts include, at a minimum:
(I) A provision for a reasonable fee that encompasses all direct costs of the department related to the bulk electronic transfer of information to that primary user or vendor;
(II) A provision that prohibits any use not otherwise authorized by law;
(III) A provision that requires the primary user or vendor to specify the designated use and recipients of the information; and
(IV) A provision that prohibits any resale or transfer of the information other than as specified in the contract or in a manner that is prohibited by law.
(c) Repealed.
(d) The department shall provide bulk electronic transfer in accordance with the limitations and restrictions regarding release of information in this section as well as section 24-72-204, C.R.S. The department shall not release photographs, electronically stored photographs, digitized images, or fingerprints filed with, maintained by, or prepared by the department through bulk electronic transfer.
(e) The department shall forward all fees collected pursuant to contracts entered into with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who shall credit the same to the highway users tax fund. The general assembly shall make annual appropriations from the general fund for the costs associated with the administration of this subsection (3.7).
tronic transfer.
(e) The department shall forward all fees collected pursuant to contracts entered into with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who shall credit the same to the highway users tax fund. The general assembly shall make annual appropriations from the general fund for the costs associated with the administration of this subsection (3.7).
(f) The executive director of the department shall promulgate rules as are consistent with current law and necessary to carry out the provisions of this subsection (3.7).
(4) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(5) A person who willfully and knowingly obtains, resells, transfers, or uses information in violation of law:
(a) Is liable to any injured party for treble damages, reasonable attorney fees, and costs;
(b) Is subject to being denied access to the records by the department. The department may temporarily or permanently deny access to or place restrictions on the access of a person who violates this subsection (5).
(6) The record of conviction and actions taken by the department for violating section 18-13-122 or 44-3-901 (1)(d), held by the department of revenue, shall not be a public record after the period of revocation imposed under such sections has been concluded; except that this subsection (6) shall not prevent the department from sharing such information with a criminal justice agency as defined in section 24-72-302 (3).
C.R.S. § 42-1-207 No supplies for private purposes - penalty
42-1-207. No supplies for private purposes - penalty. An officer or employee shall not, at any time, use for private or pleasure purposes any of the equipment or supplies furnished for the discharge of such officer or employee's duties. The use of equipment for private or personal use is a civil infraction punishable by both fine and dismissal.
C.R.S. § 42-1-208 Information on accidents - published
42-1-208. Information on accidents - published. The department shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually, or at more frequent intervals, statistical information based thereon as to the number, cause, and location of highway accidents. The statistical information shall be issued in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 42-1-209 Copies of law published
42-1-209. Copies of law published. (Repealed)
C.R.S. § 42-1-210 Authorized agents - legislative declaration - fee
42-1-210. Authorized agents - legislative declaration - fee. (1) (a) (I) Authorized agents are hereby designated as the authorized agents of the department, under direction of the executive director of the department, for the administration of articles 1, 3, 4, 6, and 12 of this title and rules adopted under those articles relating to the performance of their duties; for the enforcement of section 42-6-139 relating to the registering and titling of motor vehicles; and for the enforcement of section 38-29-120 relating to the titling of manufactured homes.
(II) An authorized agent may appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor vehicle licenses and may retain for the purpose of defraying these expenses, including mailing, a sum equal to four dollars per paid motor vehicle registration and registration requiring a license plate or plates; individual temporary registration number plates; or a validation tab, sticker, decal, or certificate as provided in sections 42-3-201 and 42-3-203. This fee of four dollars applies to every registration of a motor vehicle except motor vehicles that are specifically exempted from payment of any registration fee by article 3 of this title 42, and is required in addition to the annual registration fee prescribed by law for a motor vehicle. When the department collects the fee, the department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211; except that, if the fee is collected by a third-party provider, the department shall transmit the fee to the authorized agent where the vehicle or special mobile machinery is registered. Authorized agents serve under this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title 42.
(b) The fee established by subsection (1)(a) of this section does not apply to a shipping and handling fee for the mailing of a license plate, individual temporary registration number plate, and certificate, decal, or validation tab or sticker pursuant to section 42-3-105 (1)(a).
(2) The general assembly hereby finds that, since it is the government that requires citizens to register, license, and undertake other actions concerning their motor vehicles, it is thus the duty of government to provide convenient and easily accessible motor vehicle services to the public.
(3) (a) An authorized agent is responsible for the preservation of title and registration paperwork processed in the agent's office until each document has been converted to a digital image and verified by the department.
(b) The department is responsible for the preservation of title and registration paperwork digitally stored in Colorado DRIVES.
C.R.S. § 42-1-211 Driver's license, record, identification, and vehicle enterprise solution
42-1-211. Driver's license, record, identification, and vehicle enterprise solution. (1) The department is hereby authorized to coordinate the management of a statewide system, referred to as Colorado DRIVES. The department shall provide the necessary hardware, software, and support and training to aid the authorized agents in the performance of their duties.
(1.5) and (1.7) Repealed.
(1.9) (a) In accordance with section 24-21-521 (2), the department of revenue and the department of state shall allow for the exchange of information on legal names and signatures between the systems used by the department of revenue and the notary public filing system maintained by the department of state for the purpose of electronic filing of notary applications and renewals.
(b) For purposes of this subsection (1.9), "systems used by the department of revenue" means Colorado DRIVES.
(2) There is hereby created the Colorado DRIVES vehicle services account in the highway users tax fund for the purpose of providing funds for the development and operation of Colorado DRIVES, including operations performed under articles 2, 3, 4, 6, 7, and 12 of this title 42, to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604, and to purchase and issue license plates, decals, and validating tabs in accordance with article 3 of this title 42. Money received from the fees imposed by sections 38-29-138 (1), (2), (4), and (5), 42-1-206 (2)(a), 42-1-210 (1)(a)(II), 42-1-231, 42-1-233 (3)(b), 42-2-107 (1)(a)(I), 42-2-114 (2)(b), (2)(c)(I), (2)(c)(II), (2)(e), and (4)(a), 42-2-114.5 (1), 42-2-117 (1), 42-2-118 (1)(b)(I)(C) and (1.5)(b), 42-2-133 (2), 42-2-306 (2), 42-2-406 (1), (2), (3)(d), and (6), 42-2-508 (1), 42-3-107 (22), 42-3-213 (1)(b)(IV), 42-3-304 (18)(d)(I)(B), 42-3-306 (14), 42-3-312, 42-3-313 (2)(c)(I), 42-6-110 (1.7)(c), 42-6-137 (1), (2), (4), (5), and (6), and 42-6-138 (1)(a), (2), and (4) and any money received through gifts, grants, and donations to the account from private or public sources for the purposes of this section, shall be credited by the state treasurer to the Colorado DRIVES vehicle services account. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado DRIVES vehicle services account to the account. The general assembly shall appropriate annually the money in the account for the purposes of this subsection (2). If any unexpended and unencumbered money remains in the account at the end of a fiscal year, the balance remains in the account and is not transferred to the general fund or any other fund.
(3) Repealed.
(4) (a) There is hereby created the Colorado DRIVES county governance committee. The committee consists of the following nine members:
(I) Six authorized agents appointed by the executive director of the department of revenue based on recommendations of an association representing authorized agents, which agents have the following qualifications:
(A) Two authorized agents from a category I or category II county as established in section 30-2-102 (1)(a) and (1)(b);
(B) Two authorized agents from a category III or category IV county as established in section 30-2-102 (1)(c) and (1)(d);
(C) Two authorized agents from a category V or category VI county as established in section 30-2-102 (1)(e) and (1)(f);
(II) Two employees of the department of revenue, appointed by the executive director of the department of revenue; and
(III) One employee of the governor's office of information technology who is familiar with the division of motor vehicle systems and process and who is appointed by the executive director of the governor's office of information and technology.
section 30-2-102 (1)(e) and (1)(f);
(II) Two employees of the department of revenue, appointed by the executive director of the department of revenue; and
(III) One employee of the governor's office of information technology who is familiar with the division of motor vehicle systems and process and who is appointed by the executive director of the governor's office of information and technology.
(b) Notwithstanding subsections (4)(a)(I)(A) to (4)(a)(I)(C) of this section, the executive director of the department of revenue may appoint, at the discretion of the executive director, an authorized agent to represent a category of county that the authorized agent is not from if an authorized agent from that category of county is not recommended or available for appointment or for other reasons as determined by the executive director.
(c) An act of the committee is void unless a majority of the appointed members has voted in favor of the act.
(d) The committee has the following powers and duties:
(I) To approve the annual operation budget proposal for the appropriations for the following categories of Colorado DRIVES:
(A) Personal services;
(B) Operating expenses;
(C) County office asset maintenance; and
(D) County office improvements;
(II) To fix the time when and place where meetings are held; and
(III) To establish subcommittees and working groups to report to the committee.
(5) and (6) Repealed.
(7) (Deleted by amendment, L. 2001, p. 815, § 3, effective July 1, 2001.)
(8) Repealed.
C.R.S. § 42-1-212 Consolidated data processing system - voter registration
42-1-212. Consolidated data processing system - voter registration. (Repealed)
C.R.S. § 42-1-213 Commission of authorized agents
42-1-213. Commission of authorized agents. Authorized agents may retain fifty cents out of the money collected by them on each transaction in which specific ownership tax is collected, which fifty cents is the only remuneration an authorized agent is allowed to retain for collecting specific ownership taxes and issuing receipts. In counties of the fifth class, the authorized agent shall use the retained funds to defray the necessary expenses in connection with the collection and administration of specific ownership taxes as directed by articles 1 to 4 of this title 42. Authorized agents in all other counties above the fifth class shall deposit in the general fund of said city and county, or of said county, all such sums so retained under this section.
C.R.S. § 42-1-214 Duties of authorized agents
42-1-214. Duties of authorized agents. (1) Every authorized agent, on or before the fifteenth day of each calendar month, shall transmit to the department all fees and money collected by the agent under articles 1 to 4 (except part 3 of article 2) of this title 42 during the preceding calendar month, except such sums as are specifically authorized to be retained by the authorized agent.
(2) The authorized agents shall deposit all money received in the administration of any motor vehicle license law with the county treasurers of their respective counties and take a receipt. The authorized agent shall deposit the money in a separate fund administered by the county treasurers, and the authorized agents are not liable for the safekeeping of the funds after depositing them. The county treasurers shall accept all money tendered to them by the authorized agents for deposit as provided in this section.
(3) On or before the fifteenth day of each calendar month, the county treasurer shall send the money collected for the department by the authorized agent to the department by:
(a) An electronic funds transfer covering the funds that have been deposited with the county treasurer during the previous month; or
(b) A warrant drawn on the county treasurer of their county, payable to the department on demand, covering the amount of the funds that may have been deposited with the county treasurer during the previous month, and the county treasurer shall pay the warrant on demand and presentation.
C.R.S. § 42-1-215 Oaths
42-1-215. Oaths. The executive director of the department, the deputy director of the department, the supervisor, and the authorized agents of the department are empowered to administer oaths or affirmations as provided in articles 1 to 4 of this title.
C.R.S. § 42-1-216 Destruction of obsolete records
42-1-216. Destruction of obsolete records. The department is empowered to destroy or otherwise dispose of all obsolete motor and other vehicle records, number plates, and badges after the same have been in its possession for twelve calendar months; but all records of accidents must be preserved by the department for a period of six years.
C.R.S. § 42-1-217 Disposition of fines and surcharges
42-1-217. Disposition of fines and surcharges. (1) All judges, clerks of a court of record, or other officers imposing or receiving fines, penalties, or forfeitures, except those moneys received pursuant to sections 42-4-313 (3), 42-4-413, 42-4-1409, 42-4-1701 (5)(a), 42-8-105, and 42-8-106, collected pursuant to or as a result of a conviction of any persons for a violation of articles 1 to 4 (except part 3 of article 2) of this title, shall transmit, within ten days after the date of receipt of any such fine, penalty, or forfeiture, all such moneys so collected in the following manner:
(a) The aggregate amount of such fines, penalties, or forfeitures, except for a violation of section 42-4-1301 or 42-4-237, shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.
(b) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring within the corporate limits of a city or town shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.
(c) Any other provision of law notwithstanding, all moneys collected pursuant to section 42-4-1301.3 shall be transmitted to the state treasurer to be credited to the account of the alcohol and drug driving safety program fund.
(d) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.
any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.
(e) Any fine, penalty, or forfeiture collected for a violation of section 42-4-237 shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred; except that:
(I) If the citing officer was an officer of the Colorado state patrol, the fine, penalty, or forfeiture shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; or
(II) If the violation occurred on a state or federal highway, fifty percent of the fine, penalty, or forfeiture shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.
(2) Except for the first fifty cents of any penalty for a traffic infraction, which shall be retained by the department and used for administrative purposes, moneys collected by the department pursuant to section 42-4-1701 (5)(a) shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5)(a), C.R.S.; except that moneys collected pursuant to section 42-4-1701 (5)(a) for a violation of section 42-4-237 shall be allocated pursuant to paragraph (e) of subsection (1) of this section.
(3) Failure, refusal, or neglect on the part of any judicial or other officer or employee to comply with the provisions of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
(4) (a) All moneys collected by the department as surcharges on penalty assessments issued for violations of a class A or a class B traffic infraction or a class 1 or a class 2 misdemeanor traffic offense, pursuant to section 42-4-1701, shall be transmitted to the court administrator of the judicial district in which the offense or infraction was committed and credited fifty percent to the victims and witnesses assistance and law enforcement fund established in that judicial district and fifty percent to the crime victim compensation fund established in that judicial district.
(b) Repealed.
C.R.S. § 42-1-218 Revocations and suspensions of licenses published
42-1-218. Revocations and suspensions of licenses published. (Repealed)
C.R.S. § 42-1-218.5 Electronic hearings
42-1-218.5. Electronic hearings. (1) Notwithstanding any other provision of this title to the contrary, at the discretion of the department, any hearing held by the department pursuant to this title may be conducted in whole or in part, in real time, by telephone or other electronic means.
(2) The general assembly recognizes that there is an increase in the number of hearings conducted by the department; that a licensee has the right to appear in person at a hearing; and that a licensee or a law enforcement officer may not be able to appear in person at a hearing. The general assembly therefore directs the department to consider the circumstances of the licensee when a licensee requests to appear in person, and grant the request whenever possible. The general assembly further directs the department to consider the circumstances of the licensee and the law enforcement officer when either may not be able to appear in person, and allow the appearance by electronic means whenever possible.
(3) and (4) Repealed.
C.R.S. § 42-1-219 Appropriations for administration of title
42-1-219. Appropriations for administration of title. The general assembly shall make appropriations for the expenses of administration of this title.
C.R.S. § 42-1-220 Identification security fund - repeal
42-1-220. Identification security fund - repeal. (Repealed)
C.R.S. § 42-1-221 Fuel piracy computer reprogramming cash fund - repeal
42-1-221. Fuel piracy computer reprogramming cash fund - repeal. (Repealed)
C.R.S. § 42-1-222 Motor vehicle investigations unit
42-1-222. Motor vehicle investigations unit. The department shall establish a motor vehicle investigations unit to investigate and prevent fraud concerning the use of driver's licenses, identification cards, motor vehicle titles and registrations, and other motor vehicle documents issued by the department. Such unit shall also assist victims of identity theft by means of such documents.
C.R.S. § 42-1-223 Monitoring driving improvement schools - fund - rules - repeal
42-1-223. Monitoring driving improvement schools - fund - rules - repeal. (Repealed)
C.R.S. § 42-1-224 Record check
42-1-224. Record check. (1) The department may submit fingerprints of an employee or prospective employee to the Colorado bureau of investigation to obtain a fingerprint-based criminal history record check if the employee's duties do or will provide them with access to Colorado driver's licenses and identification cards issued pursuant to article 2 of this title 42 or personal identifying information collected or stored by the department in order to issue driver's licenses or identification cards. The department of revenue shall require all such employees hired on or after April 15, 2010, to obtain a fingerprint-based criminal history record check prior to performing their official duties, and shall require all such employees hired before April 15, 2010, to obtain a fingerprint-based criminal history record check by July 1, 2011. The department may use this information to make employment decisions concerning such employees. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The department shall be the authorized agency to receive information regarding the result of the national criminal history record check. The Colorado bureau of investigation shall charge the department a fee for record checks conducted pursuant to this section. The Colorado bureau of investigation shall set such fee at a level sufficient to cover the direct and indirect costs of processing requests made pursuant to this section. Money collected by the bureau pursuant to this section is subject to annual appropriation by the general assembly for the administration of this section.
(2) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The department shall pay the costs associated with a name-based judicial record check.
C.R.S. § 42-1-225 Commercial vehicle enterprise tax fund - creation - repeal
42-1-225. Commercial vehicle enterprise tax fund - creation - repeal. (1) (a) The commercial vehicle enterprise tax fund is hereby created in the state treasury.
(b) (I) Prior to July 1, 2025, the fund consists of money collected and transmitted to the fund pursuant to section 42-4-1701 (4)(a)(II). The general assembly shall annually appropriate the money in the fund to cover the actual cost of administering sections 39-26-113.5 and 39-30-104 (1)(b). Money in the fund is continuously appropriated to the department of revenue for the payment of sales and use tax refunds pursuant to section 39-26-113.5. After receiving the statement pursuant to section 39-30-104 (1)(b)(VI), the state treasurer shall credit the total cost of the amount of the tax credits stated therein to the general fund.
(II) This subsection (1)(b) is repealed, effective July 1, 2026.
(c) On or after July 1, 2025, the fund consists of money collected and transmitted to the fund pursuant to section 42-4-1701 (4)(a)(II). The general assembly shall annually appropriate the money in the fund to cover the actual cost of administering section 39-30-104 (1)(b). After receiving the statement pursuant to section 39-30-104 (1)(b)(VI), the state treasurer shall credit the total cost of the amount of the tax credits stated therein to the general fund. Any money remaining in the commercial vehicle enterprise tax fund at the end of the fiscal year shall not revert to the general fund.
(2) (a) (I) On July 1, 2011, and each July 1 thereafter through July 1, 2024, the department shall allocate one-third of the fund balance, not including the amount appropriated to cover the actual cost of administering sections 39-26-113.5 and 39-30-104 (1)(b), to make the sales tax refunds granted in section 39-26-113.5.
(II) This subsection (2)(a) is repealed, effective July 1, 2025.
(b) (I) On July 1, 2011, and each July 1 thereafter through July 1, 2024, the department shall allocate two-thirds of the fund balance, not including the amount appropriated to cover the actual cost of administering sections 39-26-113.5 and 39-30-104 (1)(b), to offset the income tax credit granted in section 39-30-104 (1)(b).
(II) This subsection (2)(b) is repealed, effective July 1, 2025.
(c) On July 1, 2025, and each July 1 thereafter, the department shall allocate the fund balance, not including the amount appropriated to cover the actual cost of administering section 39-30-104 (1)(b), to offset the income tax credit granted in section 39-30-104 (1)(b).
C.R.S. § 42-1-226 Disabled parking education and enforcement fund - created
42-1-226. Disabled parking education and enforcement fund - created. There is hereby created in the state treasury the disabled parking education and enforcement fund, which consists of money collected pursuant to this section and section 42-4-1208 (6) and (7). The general assembly shall appropriate the money in the fund for the purposes specified in sections 42-1-227, 42-3-204, and 42-4-1208. Unexpended and unencumbered money in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund. The department may accept gifts, grants, or donations from private or public sources for the purposes of this section. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the money to the fund.
C.R.S. § 42-1-227 Disabled parking education program
42-1-227. Disabled parking education program. (1) Subject to the availability of money appropriated to the department of labor and employment, pursuant to section 42-1-226, the Colorado disability funding committee, created in section 8-88-202:
(a) May make grants or develop, implement, or deliver education programs for the purpose of providing peace officers, local governments, entities that provide parking, entities that provide private parking enforcement including tow operators, medical providers, drivers, and persons with disabilities with education concerning eligibility standards for reserved parking available to a person with a disability affecting mobility, appropriate use of the reserved parking, the legal standards and violations contained in sections 42-3-204 and 42-4-1208, and the advantages of creating a volunteer enforcement program; and
(b) Shall create or make available a training program to assist professionals in understanding the standards that need to be met to obtain an identifying license plate or placard.
C.R.S. § 42-1-228 Revocation hearings - right of driver to challenge validity of initial traffic stop
42-1-228. Revocation hearings - right of driver to challenge validity of initial traffic stop. In any administrative proceeding for a revocation of a driver's license pursuant to article 2 of this title, where the hearing officer is engaged in finding facts and applying law for an incident or offense reported directly to the department by a law enforcement officer, and where the revocation was not triggered in whole or in part by a record of a conviction, the driver may challenge the validity of the law enforcement officer's initial contact with the driver and subsequent arrest of the driver. If a driver so challenges the validity of the law enforcement officer's initial contact, and the evidence does not establish that the initial contact or arrest was constitutionally and statutorily valid, the driver is not subject to license revocation.
C.R.S. § 42-1-229 Report - repeal
42-1-229. Report - repeal. (Repealed)
C.R.S. § 42-1-230 Exceptions processing - rules
42-1-230. Exceptions processing - rules. Beginning September 1, 2014, the department of revenue shall provide the opportunity for exceptions processing in person at a minimum of four regional offices that are actually operated by the department of revenue and that issue driver's licenses. The department shall promulgate rules to implement exceptions processing for documents issued under parts 1, 2, 3, and 5 of article 2 of this title. The department shall not use exceptions processing for noncitizens to establish lawful status in the United States.
C.R.S. § 42-1-231 Kiosk program
42-1-231. Kiosk program. (1) An authorized agent may conduct a kiosk program using a private provider to provide services concerning any function the authorized agent performs under article 2, 3, or 6 of this title 42, not including part 5 of article 2 of this title 42. The kiosk program may include mobile telephone and web solutions to provide services. An authorized agent shall:
(a) Allow a resident in the county's jurisdiction to use a kiosk in another county for any purpose authorized under this section; and
(b) Allow a resident of another county to use a kiosk in the county's jurisdiction for any purpose authorized under this section.
(2) (a) The authorized agent may use a competitive bid process to select the private provider.
(b) The authorized agent may assess a convenience fee, as negotiated between the authorized agent and the private provider, for the services provided in the kiosk program. The authorized agent may authorize the private provider to retain a portion or all of the convenience fee.
(3) (a) The department may accept financial assistance from an authorized agent or a private party to implement this program, so long as the financial assistance is directly related to the kiosk program and does not stipulate a condition that conflicts with state law.
(b) Repealed.
(c) (I) The department shall transfer any money accepted under this subsection (3) to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211. The department shall use any money accepted under this subsection (3) to implement this section.
(II) Repealed.
(4) To implement this program, the authorized agent and the department shall coordinate with each other to ensure that the program will operate successfully and in accordance with state law.
(5) Any private provider participating in the kiosk program is not excluded from any competitive bid process associated with motor vehicle registration, issuing certificates of title, or issuing driver's licenses.
(6) To be qualified to be a private provider, a person must:
(a) Meet the security requirements established by rule by the office of information technology; and
(b) Operate in accordance with a service-level agreement with the authorized agent.
(7) (a) The private provider shall not retain the information obtained from a transaction authorized under this section for any purpose other than the purposes of this section and as required in the service-level agreement with the authorized agent.
(b) The private provider shall not transfer to another person or use or copy information obtained from a transaction authorized under this section for any purpose other than the purposes of this section and as required in the service-level agreement with the authorized agent.
C.R.S. § 42-1-232 Third-party VIN inspection program - rules - definitions
42-1-232. Third-party VIN inspection program - rules - definitions. (1) For the purposes of this section:
(a) "Chief" means the chief of the Colorado state patrol.
(b) "Convicted" means a conviction of, or pleading guilty or nolo contendere to, a violation of the law.
(c) "Permit" means authority for an organization to employ people to verify information, including a VIN, that may be required to register a commercial vehicle under article 3 of this title 42 or to be issued a certificate of title under article 6 of this title 42.
(d) "VIN" means vehicle identification number.
(2) The chief shall create a program that authorizes a transportation association or organization to verify commercial vehicle information, including a VIN, as a vehicle-related entity if the transportation association or organization demonstrates to the satisfaction of the chief that it and any individuals it may employ to verify information meet the requirements of this section and any rules promulgated to implement this section. Upon determining that a transportation association or organization meets the requirements of this section and any rules promulgated to implement this section, the chief may issue a permit to the applicant.
(3) To be issued a permit to verify information, including a VIN, as a vehicle-related entity, an applicant must:
(a) Employ verifiers who demonstrate knowledge of the process and standards and who have not been convicted of violating article 4 of title 18 within the last ten years;
(b) Submit the name, background, experience, location of operation, contact information, and any other information required by the chief of each employed verifier;
(c) Furnish evidence of a savings account or deposit in a certificate of deposit meeting the requirements of section 11-35-101 or a surety bond that:
(I) Holds harmless any person who suffers loss or damage arising from the issuance of a certificate of title that included a verification done by the permit holder; and
(II) Is in the amount of at least ten thousand dollars.
(4) A vehicle-related entity shall not employ a verifier until the chief has approved the verifier. The permit holder shall submit to the chief the name, background, experience, location of operation, contact information, and any other information required by the chief of each verifier. Within seven days after ceasing to employ a verifier, the vehicle-related entity shall notify the chief that the individual no longer verifies information for the vehicle-related entity.
(5) A vehicle-related entity shall not charge more than twenty-five dollars per transaction to verify information.
(6) The chief may deny or cancel a permit for:
(a) Failing to comply with this section;
(b) Failing to maintain in full force the savings account, deposit in a certificate of deposit, or surety bond required by subsection (3) of this section;
(c) Misrepresentations in applying for a permit;
(d) Being convicted under, or employing a verifier who is convicted under, article 4 of title 18;
(e) Incompetence or failing to adequately verify information, including a VIN, as a vehicle-related entity.
(7) The chief may promulgate rules reasonably necessary to implement this section, including establishing application procedures and any required forms and establishing procedures, in compliance with article 4 of title 24, for canceling a permit. The chief may summarily suspend a permit for up to sixty days pending a hearing to cancel a permit if the chief determines that irreparable harm may occur if the permit holder continues to verify information, including a VIN, as a vehicle-related entity.
(8) For the purposes of verifying information in accordance with articles 1 to 5 of this title 42, a permit holder is a vehicle-related entity.
C.R.S. § 42-1-233 Expedited registration program - private vendor providing services to register Class A commercial vehicles - rules
42-1-233. Expedited registration program - private vendor providing services to register Class A commercial vehicles - rules. (1) Beginning January 1, 2019, the department shall create and implement an expedited registration program. The expedited registration program authorizes private providers to register commercial vehicles that are classified as Class A personal property in section 42-3-106. This includes collecting and remitting the taxes and fees for the registration to the department.
(2) (a) The department shall promulgate rules authorizing a private provider to participate in the expedited registration program if the provider:
(I) Has been approved by the department;
(II) Uses software that is approved by the department to calculate the amount of taxes and fees imposed in this title 42 and that is updated regularly to take into account any changes to the taxes and fees imposed in this title 42; and
(III) Procures and files with the department evidence of any of the following in an amount determined by rule by the department:
(A) A savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101; or
(B) A bond issued by a licensed corporate surety.
(b) The financial commitment required in subsection (2)(a)(III) of this section must provide for the reimbursement of any damages caused to the state of Colorado, a political subdivision of Colorado, or the owner of personal property registered through the expedited registration program by an act or omission of the private provider.
(c) A private provider may collect and retain a convenience fee for the services provided in the expedited registration program.
(3) (a) The department may accept financial assistance from a private party to implement the expedited registration program if the financial assistance is directly related to the expedited registration program and is not conditional upon an act or circumstance that conflicts with state law.
(b) The department shall transfer any money accepted under this subsection (3) to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(c) The department shall use any money accepted under this subsection (3) to implement this section.
(4) To implement the expedited registration program, the department shall ensure that the expedited registration program:
(a) Operates efficiently;
(b) Provides additional services or increases the speed or quality of services at an overall cost savings to the state; and
(c) Registers commercial vehicles and collects and remits taxes and fees in compliance with state law.
(5) To implement this section, the department may promulgate rules in addition to the rules required under subsection (2)(a) of this section and may enter into contracts with private providers.
(6) Subject to article 4 of title 24, the department may approve, deny approval, suspend approval, or revoke approval of a private provider who:
(a) Violates the law in the provision of services approved under this section;
(b) Makes a material misstatement to the department or any county in seeking approval to provide expedited registration services;
(c) Fails to comply with this section or any rules promulgated under this section; or
(d) Fails to satisfactorily provide expedited registration services or to collect or remit appropriate taxes and fees.
C.R.S. § 42-1-234 Electronic vehicle registration and titling - electronic transmission of vehicle lien information - authority - rules - report - electronic transactions fund - gifts, grants, and donations - notice to revisor of statutes - repeal
42-1-234. Electronic vehicle registration and titling - electronic transmission of vehicle lien information - authority - rules - report - electronic transactions fund - gifts, grants, and donations - notice to revisor of statutes - repeal. (1) (a) On or before March 31, 2026, the department shall establish a system to allow the electronic transmission of registration, lien, and titling information for motor vehicles, off-highway vehicles, or special mobile machinery. On or before March 31, 2026, the system must support the ability to generate a title and registration for new leased vehicles and support the ability to generate a title for a lessee who purchases the lessee's leased vehicle without affecting the lessee's existing registration. On or before January 1, 2027, the system must support the ability to generate a new registration for a vehicle to a new lessee without modifying the title. Except as provided in subsection (3) of this section, the department may adopt rules necessary for the implementation of this section, including rules to allow the department to:
(I) Maintain titling information electronically and to produce paper titles only upon request of a party;
(II) Accept electronic signatures on any documents, including title transfers, odometer disclosures, and powers of attorney, required to issue a certificate of title to a new owner;
(III) Eliminate any notarization requirements for document signatures;
(IV) Allow all parties to electronically file and release lien information;
(V) Authorize approved third-party providers to:
(A) Electronically process registration, lien, and titling information and transmit the information to the department as authorized by the department;
(B) Order, manage, and distribute the department's license plate inventory to a client; and
(C) Access, print, and distribute the department's registration information to a client on demand.
(b) The department's approval of a third-party provider to register a vehicle or special mobile machinery, file or release liens, or issue any type of certificate of title must be evidenced by an agreement between the department and the third-party provider.
(c) In registering a vehicle or special mobile machinery, filing or releasing liens, or issuing any type of certificate of title, the third-party provider is acting as an agent of the department. The third-party provider shall collect and remit to the department all taxes and fees imposed by law to issue any type of certificate of title, file or release a lien, or to register the vehicle or special mobile machinery.
(d) A third-party provider may charge its clients a fee for each electronic registration transaction, lien transaction, or titling transaction. The client may charge a consumer the fee the client paid to the third-party provider if the fee charged to the consumer does not exceed the fee charged to the client.
(e) The department shall ensure that the addresses of program participants under part 21 of article 30 of title 24 are not released to third-party providers or the clients of third-party providers.
ansaction, or titling transaction. The client may charge a consumer the fee the client paid to the third-party provider if the fee charged to the consumer does not exceed the fee charged to the client.
(e) The department shall ensure that the addresses of program participants under part 21 of article 30 of title 24 are not released to third-party providers or the clients of third-party providers.
(f) (I) Beginning in January 2025, and every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning the implementation of the electronic titling and registration system required by subsection (1)(a) of this section.
(II) Beginning in January 2025, and every year thereafter, the department shall submit an annual report to the joint budget committee concerning the implementation of the electronic titling and registration system required by subsection (1)(a) of this section.
(2) (a) The department is authorized to seek and accept gifts, grants, or donations from private or public sources, including from third-party providers, for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall ensure that any funds contributed to the department for the implementation of the system for the electronic transmission of registration, lien, and titling information for motor vehicles, vehicles, off-highway vehicles, and special mobile machinery are:
(I) Used only for the implementation of the system; and
(II) Transferred to the state treasurer, who shall credit the funds to the electronic transactions fund.
(b) (I) In addition to the fees described in subsection (1)(c) of this section, a third-party provider shall pay the department a fee of up to three dollars for each of the following types of transactions completed by the third-party provider:
(A) Issuance of or transfer of a certificate of title for a motor vehicle or an off-highway vehicle;
(B) Issuance of or renewal of a registration for a motor vehicle, a vehicle, or special mobile machinery; and
(C) A transaction that includes both the transactions described in subsections (2)(b)(I)(A) and (2)(b)(I)(B) of this section.
(II) The third-party provider may charge its client the fee imposed in subsection (2)(b)(I) of this section.
(III) The department shall set the fee imposed in subsection (2)(b)(I) of this section to:
(A) Offset the direct and indirect costs of administering the electronic transmission of registration, lien, and titling information in accordance with this section; and
(B) Repealed.
(IV) The department shall remit all fees collected under this subsection (2)(b) to the state treasurer, who shall credit:
(A) Repealed.
(B) All other money collected from the fees to the electronic transactions fund.
(V) and (VI) Repealed.
(3) (a) The department need not promulgate rules, under subsection (1) of this section, that implement electronic transactions until the department has adequate money in the electronic transactions fund to implement the promulgated rules. The department shall, upon having adequate money in the fund, phase in implementation of this section as reasonable. The general assembly may appropriate money from the general fund or the highway users tax fund created in section 43-4-201 to implement this section.
(b) This subsection (3) does not affect any rules promulgated, or appropriations made, before July 1, 2019.
(4) (a) The electronic transactions fund, referred to in this subsection (4) as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund and money credited to the fund under this section.
this section.
(b) This subsection (3) does not affect any rules promulgated, or appropriations made, before July 1, 2019.
(4) (a) The electronic transactions fund, referred to in this subsection (4) as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund and money credited to the fund under this section.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Subject to annual appropriation by the general assembly, the department may expend state money from the fund to implement and administer electronic transmission of registration, lien, and titling information in accordance with this section.
(5) (a) Subsections (2)(a) and (3) of this section and this subsection (5) will be repealed if the department fully implements this section. Upon fully implementing this section, the executive director of the department shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (5)(a) has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov.
(b) Subsections (2)(a) and (3) of this section and this subsection (5) are repealed, effective upon the date identified in the notice that this section was fully implemented or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
C.R.S. § 42-1-235 Electronic records, documents, and signatures
42-1-235. Electronic records, documents, and signatures. A record covered by article 3 of this title 42, including a signature on the record or document, may not be denied legal effect, validity, or enforceability solely because it is in the form of an electronic record, document, or signature. Except as otherwise provided in article 3 of this title 42, if a rule of law requires a record to be in writing or provides consequences if it is not, an electronic record satisfies that rule of law. This section applies to and in a court of law. For a record, document, or signature to be legally effective, valid, or enforceable, a person need not obtain a written power of attorney solely because the record, document, or signature is in an electronic form.
C.R.S. § 42-1-236 Electronic notification of transactions involving vehicles - rules - definitions - repeal
42-1-236. Electronic notification of transactions involving vehicles - rules - definitions - repeal. (1) No later than March 31, 2026, the department shall create a process for an owner to request to receive and for the department to provide electronic notification, in lieu of written notification, of department notices and transactions under article 2, 3, or 6 of this title 42.
(2) (a) Except as provided in subsection (2)(b) of this section, if an owner requests electronic notification of the impending expiration of the vehicle's registration, the department may issue notices or otherwise communicate with the owner electronically concerning vehicle transactions under article 2, 3, or 6 of this title 42. The vehicle transaction notices or other communications may include:
(I) Notices regarding:
(A) Vehicle registration expiration;
(B) Identifying plate and identifying placard, as defined in section 42-3-204 (1)(g) and (1)(f), renewal;
(C) Vehicle certificate of title issuance;
(D) Fleet vehicle registration renewal;
(E) Hearings;
(F) Driver's licenses; and
(G) Dealer license plate and depot tag issuance; and
(II) Communications about missing documentation.
(b) The department shall not use electronic means to notify an owner of the revocation of a vehicle registration due to dishonored payment pursuant to section 42-3-123 or the revocation of an identifying plate or identifying placard pursuant to section 42-3-204 (7).
(c) On or before December 31, 2024, the department shall promulgate rules for implementing the electronic notification process described in subsection (2)(a) of this section.
(3) Any electronic communication made pursuant to this section must include any notification information required by article 2, 3, or 6 of this title 42.
(4) (a) The general assembly shall appropriate money from the Colorado DRIVES vehicle services account, created in section 42-1-211 (2), to the department of revenue to develop the software to implement this section.
(b) This subsection (4) is repealed, effective July 1, 2026.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.docxFetched: 10/6/2026