1 CCR 204-10
DEPARTMENT OF REVENUE TITLE AND REGISTRATION SECTION 1 CCR 204-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ RULE 1. TEMPORARY SPECIAL EVENT LICENSE PLATES Basis: The statutory bases for this regulation are 42-1-204, 42-3-220, and 42-3-301 C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of temporary special event license plates.
1.1 “Department” means the Department of Revenue, Division of Motor Vehicles State Registration Section.
1.2 “Temporary Special Event” means a social gathering or activity that is temporary in nature, not to exceed sixty (60) calendar days in any 12-month period, that may be a one-time or an annual event having a limited or specific function, application, or scope 1.3 “Temporary Special Event License Plate” means a temporary special license plate valid for a limited time that is issued to a person or group of people in connection with a temporary special event. “Temporary special event license plate” does not mean a special plate for the purposes of Group Special License Plates, Alumni, or Distinctive Special License Plates.
2.0 Application Process
2.1 Upon request the Department shall provide an information packet which shall include: procedures for requesting temporary special event license plates, guidelines for design criteria, guidelines for sales tax computation, a copy of the rules and procedures outlining the temporary special event license plate process.
2.2 The Department shall accept applications for temporary special event license plates as completed by the requesting person or group of people, otherwise known as “applicant” and shall review all applications to determine if all statutory and rule requirements have been met.
3.0 Requirements and Process for Temporary Special Event License Plates
3.1 The Department may issue temporary special event license plates to a person or group of people in connection with a temporary special event for a passenger vehicle or a truck that does not exceed sixteen thousand pounds empty weight.
3.2 An applicant for a temporary special event license plate shall submit to the Department the name, date or dates, and location of the temporary special event to which the request for the temporary special event license plate(s) is connected; the dates the temporary special event license plate(s) are needed; the quantity of temporary special event license plates requested; a list of vehicle information including the vehicle identification number, make, model, and year of each vehicle; a certified letter stating that insurance coverage will be in place for each vehicle during its use for the period for which the temporary special event license plate is issued; proof of current registration for each vehicle; and any other information required by the Department.
3.3 All applications for temporary special event license plates should be completed and submitted to the Department at least ninety (90) days prior to the start of the temporary special event. Only applications on forms provided by the Department will be accepted. The Department will issue application forms and information to all interested persons/groups upon request. Special event application fees shall be mailed directly to and be made payable to the Department of Revenue.
3.4 Temporary special event license plates shall be issued only by the Department and are only valid when accompanied by a Letter of Authorization for Use of Temporary Special Event License Plates as issued by the Department for the dates and times as authorized in the letter. Each temporary special event license plate used for the event shall have the Letter of Authorization associated with it at all times that the temporary special event license plates are displayed on the vehicle.
3.5 Temporary special event license plates are issued only for the time period specifically stated on the Letter of Authorization. If the temporary special event is held annually, an application must be submitted each subsequent year.
3.6 Previously issued temporary special event license plates may be authorized for subsequent use upon request by the organization provided the plates are still legible and not damaged. If the request is approved by the Department, a new letter of authorization will be provided to the applicant. No additional fees will be collected. The organization must comply with all other requirements.
3.7 Applicants shall pay the material fee required in 42-3-301 C.R.S. and the special event application fee required in 42-3-220 C.R.S. for each temporary special event license plate requested. Payment of the material fee shall be received by Colorado Correctional Industries and payment of the special event application fee must be received by the Department prior to shipment of the temporary special event license plates. Material fees shall be mailed directly to and made payable to COLORADO CORRECTIONAL INDUSTRIES.
3.8 Temporary special event applicants may request that the temporary special event license plates be mailed to them. The Department will not incur any cost for mailing of the temporary special event license plates and the applicant shall provide a means for pre-paid shipping of the temporary special event license plates to be mailed to the Department.
3.9 Temporary special event license plates must be designed within the formats established by the Department. The Department shall have final approval authority of the design and reserves the right to deny any application request in which the design may be considered offensive or misleading.
3.10 The Department shall work with the temporary special event applicant unless the temporary special event applicant has designated a specific agent for the purpose of obtaining temporary special event license plates. Designation of specific agent shall be provided to the Department in writing by the applicant.
3.11 It is the responsibility of the applicant to ensure that the vehicle(s) displaying temporary special event license plates are maintained in a roadworthy condition.
A. Vehicles displaying temporary special event license plates must have the vehicles’ original issued license plate and registration receipt maintained within the vehicle any time the temporary special event license plate is displayed on the vehicle.
B. Vehicles that are donated by dealers that are not currently registered shall maintain within the vehicle proof of submittal of use tax paid by the donating dealership on the DR0100A Retail Sales Tax Return for Occasional Sales form any time the temporary special event license plate is displayed on the vehicle.
3.12 Sample plates of the finished design will not be provided unless specifically requested. Upon request, the current material fee pursuant to 42-3-301 C.R.S. per single plate will be charged to cover the materials used to produce the sample plate.
3.13 Temporary special event license plates shall not display year and month tabs.
3.14 Upon expiration of the temporary special event, the temporary special event license plate(s) must be removed from all motor vehicles and become the property of the applicant.
3.15 Temporary special event license plates shall only be displayed on vehicles during the approved temporary special event dates as listed on the Department’s authorization letter. Requests for adjustments to the temporary special event dates must be made to the Department in writing at least one week prior to the start of the newly requested date(s).
3.16 The Department will provide through fax or standard mail the letter of authorization, sample copies of authorized temporary special event license plates, the completed application, vehicle information, and the temporary special event applicant’s contact information to the local law enforcement agencies for which the temporary special event is being held. This notification will provide verification that the use of the special event license plates has been approved and authorized by the Department within the dates specified.
3.17 Lost or stolen temporary special event license plates shall be reported within seventy-two (72) hours to the Department and to local law enforcement by the applicant. Replacement plates will be subject to the required material fee pursuant to 42-3-301 C.R.S. Remanufacture of temporary special event license plates will not be authorized until incident report paperwork from law enforcement is provided to the Department, by the applicant, stating the temporary special event license plate(s) that were lost or stolen.
3.18 A dealership or manufacturer shall report and make a tax return and payment to the Department using DR0100A Retail Sales Tax Return for Occasional Sales form for sales tax on a taxable amount as determined by completion of the DR0100A for each vehicle that is donated for use and display of the temporary special event license plates.
3.19 The Department reserves the right to deny any application for temporary special event license plates and may revoke the use of temporary special event license plates that are in violation of 42-3-220 C.R.S. and/or this regulation. The applicant must return all temporary special event license plates for the temporary special event to the Department for destruction within ten days of notification that the license plate is revoked.
RULE 2. PERIODIC MOTOR VEHICLE REGISTRATION Basis: The statutory bases for this regulation are 42-1-204, 42-3-102, 42-3-104, 42-3-107, 42-3-114, 42- 3-115, 42-3-116, 42-3-201, 42-3-210, 42-3-211, 42-3-304, 42-3-306, 42-12-301, and 42-12-401 C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for the periodic registration of motor vehicles.
1.1 “CSTARS” means the Colorado State Titling and Registration System used for all titling and registration of vehicles in Colorado pursuant to 42-1-211, C.R.S.
1.2 “Department” means the Department of Revenue of this state acting directly or through its duly authorized officers and agents.
1.3 “Registration Expiration Date” means the expiration of the applicable registration period required in 42-3-102, 42-3-114, 42-12-301, and 42-12-401, C.R.S.
1.4 “Transaction Date” means the date the vehicle was registered evidenced by the transaction date on the registration receipt issued when completed.
2.0 Validating Tabs and Number of License Plates
2.1 License plate(s) that are required to display validation tabs shall be issued and display two validating tabs issued by the Department; one validation tab to indicate the expiration month and one validation tab to indicate the year of expiration, except for those types of plates that are exempt from displaying validation tabs in accordance with 42-3-201(7), C.R.S. Validating tabs shall be displayed on the license plate pursuant to 42-3-202(1)(b), C.R.S.
2.2 Vehicles shall be required to display two license plates unless exempted from displaying two license plates pursuant to 42-3-201(1)(a)(I) and (II), C.R.S. License plates shall be issued for multi-year use when the Department issues validation tabs indicating the vehicles registration expiration year and month.
3.0 Procedure to Establish Registration Cycle, Method for Assessment of Fees and Taxes 3.1 An application for registration received for a vehicle not previously registered in Colorado in the applicant's name will be registered for the time period required by 42-3-102, C.R.S., for that class of vehicle. The registration shall expire on the last day of the month at the end of each registration period.
3.2 Specific ownership tax shall be determined in accordance with 42-3-106 and 42-3-107, C.R.S. Registration fees shall be determined in accordance with 42-3-304 and 42-3-306, C.R.S. and shall be assessed and collected for each registration period. Registration fees and specific ownership tax may not be exempted unless specifically exempted pursuant to Colorado Revised Statutes.
3.3 Specific ownership taxes will be collected for the period the vehicle was owned prior to the date of application, through the month of application and for the appropriate registration period for the class of vehicle following the month of application. Consideration may be given for registrations that require bonds, affidavits, court orders, or as determined by the Department.
3.4 Registration fees will be collected for the appropriate registration period.
a. Vehicle Registrations expire on the last day of the month as indicated on the registration certificate and validating tab. All registrations will be evidenced by the issuance of tabs, except those exempted in accordance with 42-3-201(7), C.R.S.
b. Vehicle registration applications for renewal received on or before the last day of the month following the month of expiration will be renewed for the appropriate registration period following the previous registration. Specific ownership taxes and registration fees shall be calculated and collected for appropriate registration period.
c. Vehicle registration applications for renewal received after the last day of the month following the month of expiration will be processed as new registration applications. The specific ownership taxes and registration fees will be collected for the new registration period for that class of vehicle. In addition, specific ownership taxes will be collected for the period from the date of expiration of the previous registration to the beginning of the new registration period.
d. When plates are reissued or transferred, the new registration will be issued to correspond with the appropriate registration period beginning with the month of application. Specific ownership taxes and registration fees will be collected the month following the month of purchase and for the registration period for that class of vehicle. Credits will be given in accordance with 42-3-107(25), C.R.S., for any specific ownership taxes previously paid that remain on the vehicles previous registration period.
4.0 Exceptions to renewal procedure
4.1 All vehicles issued personalized plates as authorized by 42-3-211, C.R.S, shall be renewed, reissued or transferred with a registration period in accordance with 42-3-102, C.R.S.
4.2 All vehicles bearing horseless carriage license plates as authorized by 42-12-301(3)(a), C.R.S. shall have a set five-year registration period.
4.3 All vehicles issued collector license plates as authorized by 42-12-401(a), C.R.S., shall have a five-year registration period.
4.4 Pursuant to 42-3-102(3)(a), C.R.S. the Department may register vehicles at intervals of less than one year upon payment of the appropriate registration fees and specific ownership tax in order to allow the owner of more than one vehicle to provide for the owner’s vehicle registrations to expire simultaneously. The owner shall be permitted to select an expiration month that coincides with a current registered vehicle in the owner’s name. Upon renewal of vehicles that were previously registered in intervals of less than one year the registration period shall be pursuant to 42-3-102, C.R.S. and this regulation.
4.5 Pursuant to 42-3-102(1)(b)(I), C.R.S., Utility Trailers less than 2,000 pounds may be registered in five-year intervals upon payment of five-year registration fees and five-year specific ownership tax. A five-year registration is optional and shall not be required. Five-year registration shall be evidenced with a standard trailer regular license plate with a five-year validation year tab. RULE 3. CANCELLATION OF VEHICLE REGISTRATION FOR FAILURE TO PAY CIVIL PENALTIES [Repealed eff. 09/14/2015] RULE 4. GROSS VEHICLE WEIGHT REGISTRATIONS Basis: The statutory bases for this rule are sections 42-1-102(17), 42-1-102(23.5), 42-1-102(109), 42-1- 201, 42-1-204, and 42-3-306(5) C.R.S.
Purpose: The purpose of this rule is to establish the information to be maintained for vehicles subject to gross vehicle weight registration fees and to clarify the standards for calculating registration fees.
1.1 “GVW Vehicle” means a truck or truck tractor subject to annual registration fees based on declared gross vehicle weight pursuant to section 42-3-306(5)(b), C.R.S.
1.2 “Mileage History” means those miles traveled by a GVW vehicle during the Registration Period Mileage Cycle.
1.3 “Registration Period Mileage Cycle” means the twelve-month period immediately preceding the expiration date of a GVW vehicle registration.
2.0 Registration Fee Calculation
2.1 GVW Vehicle Used in the Operations of a Common or Contract Carrier for Hire. For purposes of this rule, a GVW Vehicle is deemed to be used in the operations of a common or contract carrier for hire if the vehicle transported any cargo not owned by the carrier for fifty percent or more of the total miles traveled by that vehicle within the Registration Period Mileage Cycle pursuant to 42-3-306(5)(b)(II), C.R.S.
a. Whether a GVW Vehicle is used in the operations of a common or contract carrier for hire may be established by submitting documentation at the time of registration proving ownership of all cargo carried for the miles traveled by that vehicle within the previous Registration Period Mileage Cycle. Documentation may be bills of sale, manufacturing documentation, or other documents deemed acceptable by the Department.
b. A GVW Vehicle registered for the first time that does not have documentation proving carrier type or mileage history will be registered as a common or contract carrier for hire travelling ten thousand miles or more. Upon registration renewal, if it is demonstrated that the GVW Vehicle is not a common or contract carrier and/or travelled less than ten thousand miles during the Registration Period Mileage Cycle, the registrant may request that the Department credit the difference between the registration fees paid and the renewal registration fees towards the renewal registration fees. If not renewing registration, a refund of the excess registration fee may be requested by submitting a request for refund to the Department on form DR 2444 Statement of Fact with supporting documentation.
2.2 Replacing a GVW Vehicle. A GVW Vehicle owner who is replacing an existing GVW Vehicle may use the Mileage History of the GVW Vehicle being replaced as qualification for the registration fees assessed on the new GVW Vehicle. For the Mileage History to qualify, the existing GVW Vehicle must have been registered and in operation for a full Registration Period Mileage Cycle.
3.0 Recordkeeping Requirements
3.1 Documentation of Mileage History. Documentation for both interstate and intrastate travel must be maintained and must contain the following information:
a. Beginning and ending date of each trip;
b. Trip origin and destination;
c. Route of travel;
d. Beginning and ending odometer or hub odometer reading of the trip;
e. Total mileage;
f. Mileage by jurisdiction;
g. Vehicle Identification Number;
h. GVW Vehicle owner’s name;
i. Driver's printed name and signature; and j. A copy of the vehicle registration receipt indicating taxes paid for the requested Registration Period Mileage Cycle RULE 5. FLEET REGISTRATION PROGRAMS Basis: The statutory bases for this rule are sections 42-1-204, 42-3-107(16)(f), 42-3-107(27), 42-3- 113(8), and 42-3-125, C.R.S.
Purpose: The following rule is promulgated to establish requirements for participation in the Colorado fleet vehicle programs.
1.1 “Colorado Fleet Registration Program (CFRP)” means the optional program for fleet operators, defined at section 42-1-102(35), C.R.S., to register fleet vehicles, as defined at section 42-1- 102(36), C.R.S., in a common registration expiration month evidenced by the issuance of a Fleet License Plate.
1.2 “Colorado Standard Fleet Program (CSFP)” means the optional program for fleet operators to register fleet vehicles in a common registration expiration month without the issuance of a Fleet License Plate.
1.3 “Fleet License Plate” means the Colorado red and white license plate with stacked letters “FLT” which are not required to display year and month validation tabs.
1.4 “Fleet Number” means the number assigned by the Department to a fleet operator that has been approved to participate in the CFRP and/or CSFP.
1.5 “International Registration Plan (IRP)” means the program in which vehicles are registered under a reciprocity agreement among the states of the United States and provinces of Canada, providing for the payment of license fees based upon total distance operated in all jurisdictions.
2.0 Fleet Vehicle Programs and Participation Requirements
2.1 Fleet vehicle programs are as follows:
a. Colorado Fleet Registration Program: The CFRP program is available to fleet operators that request a common expiration month for their fleet vehicles. Under this program, each fleet vehicle must display a Fleet License Plate. The same expiration month applies for all vehicles in the fleet.
b. Colorado Standard Fleet Program: The CSFP program is available to fleet operators that request a common registration expiration month for their fleet vehicles, without requiring Fleet License Plates. Under this program, the fleet operator is required to update the Colorado registration receipt and license plate month and year tabs on each fleet vehicle annually. The same expiration month applies for all vehicles in the fleet.
2.2 A fleet operator may apply to participate in one or both of the fleet vehicle programs. The fleet operator must meet and maintain the minimum vehicle number requirement for each separate fleet vehicle program.
3.0 Process
3.1 The fleet operator must complete form DR 2428 Fleet Owner Request for Participation in the Colorado Fleet Registration Program (for CFRP) and/or form DR 2194 Fleet Owners Request for Common Registration Expiration Date (for CSFP). The fleet operator must designate the requested expiration month (including designating an alternate choice, if applicable) for the fleet vehicles. Otherwise, the Department will assign the expiration month.
3.2 Upon approval, a Fleet Number will be assigned by the Department. For CFRP, the Fleet Number begins with the number “9.” The Department will provide the assigned Fleet Number to the fleet operator and all counties designated on the DR 2428 and/or DR 2194 3.3 Upon the initial registration of fleet vehicles in a fleet registration program, the fleet operator will be issued a registration period certificate containing “PERM” in the expiration date field. This “PERM” registration period certificate must be retained in each fleet vehicle as evidence of registration. Upon annual renewal, the fleet operator will be issued a new registration period certificate to show taxes and fees paid. However, if the original “PERM” registration period certificate is maintained in the fleet vehicle, the new registration period certificate must be retained but need not replace the “PERM” registration period certificate in the vehicle.
4.0 Changes to Fleet Operator Vehicle Number, Fleet Operator Name, or Expiration Month 4.1 If at any time a fleet operator has less than the minimum vehicle number, then the fleet operator will be canceled from the fleet vehicle program.
4.2 In the event of a legal name change of the fleet operator
a. All fleet vehicle titles must be properly transferred to the fleet operator’s new name;
b. The fleet operator must complete the DR 2428 (for CRFP) or DR 2194 (for CSFP) marking the form in the “name change” section, and;
c. Once the name change is processed, the fleet operator will receive Colorado registration receipts updated with the name change for all fleet vehicles from the county where the fleet vehicles are registered.
4.3 A fleet operator may change the expiration month by re-submitting form DR 2428 (for CFRP) and/or form DR 2194 (for CSFP). The fleet operator will be assigned a new Fleet Number.
5.0 IRP Vehicles Ineligible
5.1 Vehicles registered in the International Registration Plan (IRP) are not eligible to participate in the CFRP or CSFP. A fleet operator wishing to register vehicles in Colorado fleet vehicle program(s) must remove those vehicles from the IRP prior to registering the vehicles in CFRP and/or CSFP. RULE 6. COLORADO STATE PATROL LICENSE PLATES Basis: This regulation is promulgated under the authority of 42-1-204, 42-3-104(1), 42-3-104(2), 42-3- 104(3), 42-3-104(4), 42-3-201 and 42-3-207(1) CRS.
Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of Colorado State Patrol license plates.
1.1 “Colorado State Patrol License Plates” - means a numbered plate issued by the department to items of classified personal property that are owned by the State of Colorado, Colorado State Patrol that is designed in a manner that denotes those items of classified personal property as Colorado State Patrol owned items in lieu of regular Government style license plates.
1.2 “Department” - for purposes of this regulation means the department of revenue, state registrations section.
2.0 Requirements
2.1 Only the Colorado State Patrol may apply for or plate their vehicles with the Colorado State Patrol license plates. Applications for Colorado State Patrol license plates shall be made directly to the Department of Revenue, Registration Section in a manner as prescribed by the Department.
2.2 The Department of Revenue, Registration Section shall be the only authority to issue Colorado State Patrol license plates and register those vehicles therewith.
2.3 All issued Colorado State Patrol license plates are subject to material fees as established in 42-3- 301 CRS which shall be assessed at the time of issuance or replacement of such license plates.
2.4 Motor vehicles issued and registered with Colorado State Patrol license plates shall be exempt any and all taxes, fees and ownership taxes as established in 42-3-104(1) and 42-3-304(3)(c) CRS.
2.5 Colorado State Patrol license plates shall not be issued annual validating tabs or stickers as established in 42-3-201(2).
2.6 Motor vehicles issued and registered with Colorado State Patrol license plates shall conform to applicable insurance requirements as established in 42-3-105(1)(d) and applicable emissions requirements as established in 42-4-301 through 42-4-316 CRS and 42-4-401 through 42-4-414 CRS.
2.7 Colorado State Patrol license plates shall be designed jointly between the Department of Revenue and Colorado State Patrol with the Department of Revenue having final design approval authority. Colorado State Patrol license plates shall be distinctly designed with the color black, which color shall be reserved for Colorado State Patrol license plates only, for the plate areas indicated in design standards as area 1 (top) and area 4 (bottom).
2.8 Colorado State Patrol license plates shall be permitted to display the official seal and logo of the Colorado State Patrol and shall be permitted to have a tag line with the wording “State Patrol” which shall act as the special registration number indicating that such vehicle is owned and operated by the State of Colorado as established in 42-3-104(4).
2.9 Plate series “CSP” shall be reserved for Colorado State Patrol license plates and manufacturing thereof. Manufacturing of Colorado State Patrol license plates will be accomplished using standard manufacturing, distribution, inventory management, accounting, and budgeting practices, policies and methodologies as established by the Department. RULE 7. MOTORIST INSURANCE IDENTIFICATION DATABASE (MIIDB) Basis: The statutory bases for this regulation are part 6, article 4 of title 10, 42-1-204 42-7-103, 42-7-604, C.R.S., and 1 CCR 204-10 Rule 46. Application for Registration – Proof of Insurance. Purpose: The following rules and regulations are promulgated to establish Motorist Insurance Identification Database (MIIDB) reporting requirements for insurance companies issuing vehicle insurance policies in Colorado.
1.1 “Division” means the Division of Motor Vehicles in the Department of Revenue.
1.2 “File Transfer Protocol” (FTP) means a protocol for exchanging files over the internet.
1.3 “Personal Motor Vehicle” means any vehicle for which non-commercial types of license plates are issued.
2.0 Reporting Requirements
2.1 Each insurer shall report the following policy information to the designated agent:
a. Name, date of birth, driver’s license number and address of each named insured owner or operator b. The make, year, and vehicle identification number or each insured motor vehicle.
c. The policy number, effective date and expiration date of each policy.
d. The National Association of Insurance Commissioners (NAIC) code, and the policy cancelation date if applicable.
2.2 The required information shall be reported in a form or manner acceptable to the designated agent.
2.3 Policy Data Refreshes. Initially and every six months thereafter, each insurer shall provide bi- annual policy data refreshes to the MIIDB that contain all active Colorado policies.
2.4 Reporting of Issuance of New Policies and Changes to Existing Policies. Except as provided in 2.5 below, each insurer who has issued complying policies shall provide to the designate agent the policy information set forth in 2.1 above for each policy issued, canceled, or changed. Such information shall be reported every week for the immediately preceding week, no later than the seventh working day after the last day of the week during which each policy was issued, canceled, or changed.
2.5 Error Reporting
a. The designated agent will make error reports available to insurers via FTP.
b. Each insurer must retrieve the error reports and develop an error correction process for policy information that is rejected and returned.
c. Each insurer must correct rejected and returned policy information and resubmit corrected policy information via the agreed upon transmission mode before update reporting. Until it is corrected, a rejected record may be disclosed as uninsured to law enforcement upon request for insurance status.
d. Each insurer is responsible for any costs incurred in complying with the MIIDB program.
3.0 Commercial Vehicles
3.1 Commercial vehicles are exempt from MIIDB reporting requirements. The designated agent is authorized to flag commercial vehicles exempt from tracking insurance information based on plate types that are distinct to commercial vehicles. These plate types are:
a. Buses: the first three character of the plate type field are BUS.
b. Dealers: the first three characters of the plate type field are DLR.
c. Farm Vehicles: the first three characters of the plate type field are FTK or FTR.
d. Special Mobile Equipment: the first three characters of the plate type field are SME or SMM.
e. Special Use Vehicle: the first three characters of the plate type field are SVW.
f. Trailers: the first three characters of the plate type field are TRL.
g. Truck Tractor: the first three characters of the plate type field are TTR.
h. Gross Vehicle Weight: the first three characters of the plate type field are GVW or TVW.
i. The following vehicle registration types will also be exempt if the last three characters of the plate type field are:
j. A “C” in the Carrier Type field on any plate indicates the vehicle is used for commercial purposes and will be flagged as exempt from insurance tracking under the MIIDB. RULE 8. DEALER TITLE Basis: The statutory bases for this regulation are 42-1-204, 42-6-102(2), 42-6-111(2), 42-6-137(6), 42-6- 138(4), 12-6-102(15), 12-6-102(18), C.R.S.
Purpose: The purpose of this regulation is to provide guidelines to motor vehicle dealers or wholesalers for proof of ownership and the requirements for the processing of certificates of title.
1.1 “Agent(s)” means any individual authorized by a dealer or wholesaler to act on behalf of that dealer or wholesaler.
1.2 “Chattel Mortgage Company” means a company that has filed a security agreement as defined in section 4-9-102(76), C.R.S.
1.3 “Dealer” means any person, firm, partnership, corporation, or association licensed under the laws of this state to engage in the business of buying, selling, exchanging, or otherwise trading in motor vehicles.
1.4 “Department” for purposes of this regulation means the Colorado Department of Revenue, Division of Motor Vehicles, Title and Registration Section.
1.5 “Manufacturer” means any person, firm, partnership, corporation or association, engaged in the manufacturing of new motor vehicles, trailers, or semitrailers.
1.6 “Manufacturer's Certificate of Origin” (MCO) means the document provided by the manufacturer which sets forth the manufacturer's vehicle description and 17 digit vehicle identification number and is used to convey ownership.
1.7 “Motor Vehicle” means any self-propelled vehicle that is designed primarily for travel on the public highways and is generally and commonly used to transport persons and property over the public highways, including trailers, semitrailers, and trailer coaches, without motive power. “Motor Vehicle” does not include the following:
a. A low-power scooter, as defined in section 42-1-102, C.R.S.; or, b. A vehicle that operates only upon rails or tracks laid in place on the ground or that travels through the air or that derives its motive power from overhead electric lines; or, c. A farm tractor, farm trailer, and any other machines and tools used in the production, harvesting, and care of farm products; or, d. Special mobile machinery or industrial machinery not designed primarily for highway transportation.
1.8 “One Working Day” means the daily period beginning at 8:00 a.m. and ending at 3:00 p.m. Monday through Friday, with the exception of those days designated as official state holidays by statute or Executive Order of the Governor.
1.9 “Secure and Verifiable Identification” means a document issued by a state or federal jurisdiction or recognized by the United States Government and that is verifiable by federal or state law enforcement, intelligence, or the Homeland Security Agency.
1.10 “Letter of Authorization” means a letter on a dealer's or wholesaler's letterhead from a designated representative of a dealer or wholesaler to the Department authorizing a specific person to act as an agent for the dealer or the wholesaler.
1.11 “Wholesaler” means a person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, or offers or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used motor vehicles solely to motor vehicle dealers or used motor vehicle dealers.
2.0 Proof of Ownership Requirements
2.1 All Colorado dealers or wholesalers must maintain the following evidence of ownership for each vehicle in their possession:
a. A used vehicle with a Colorado title:
b. A used vehicle with an out-of-state title:
c. A new vehicle assigned by MCO to a dealer or wholesaler:
d. A new vehicle assigned or re-assigned with its MCO from an out-of-state franchised dealer or wholesaler to a franchised Colorado dealer or wholesaler:
e. If a title or an MCO has been surrendered by the dealer or wholesaler to a bank or financing organization or any other person as collateral under a Floor Plan agreement, the dealer or wholesaler must have in its possession evidence acceptable to the Department of the location of the title or the MCO. The dealer's or wholesaler's right to ownership shall be clear from such evidence. The title or MCO must be procured by the dealer or wholesaler upon the sale and delivery of the vehicle and delivered or mailed to the purchaser or chattel mortgage company within thirty (30) days pursuant to 42-6-112, C.R.S.
f. Vehicles with incomplete or insufficient titles shall be marked “Not for Sale” and withheld from any public offering.
3.0 Requirements for Obtaining Titles in One Working Day
3.1 Dealers and wholesalers may obtain a “Dealer Resale, No Sales Taxes Paid” title in the licensed name of the dealer or wholesaler within one working day, at the Department of Revenue, Title and Registration Section, Vehicle Services Unit, after submitting the required documents outlined in section 4.0 below and upon payment of the statutorily required fee.
3.2 All dealers or wholesalers requesting one working day service shall submit a letter of authorization to the Department, listing the names of all persons who will be acting as agents on their behalf. All authorization letters will be kept on file at the Department. It shall be the responsibility of the requesting dealer or wholesaler to notify the Department of any changes in agents.
3.3 The agent shall be required to present secure and verifiable identification at the time of application and upon receipt of a certificate of title. The agent shall sign a receipt verifying the certificate of title.
3.4 Agents representing several dealers or wholesalers must have authorization from each individual dealer or wholesaler in order to obtain titles.
4.0 Requirements for Acceptance of Applications
4.1 Applications will only be accepted when:
a. The supporting ownership document is a MCO properly assigned to a dealer or wholesaler or reassigned to a dealer or wholesaler; or, b. The supporting ownership document is a title properly assigned to a dealer or wholesaler; or, c. The supporting ownership document is a salvage title for a vehicle that has been made roadworthy and is being submitted for a dealer title in the dealer's or wholesaler's name.
4.2 Applications must be free and clear of all liens and encumbrances.
4.3 All applications must be complete and all documents in the proper order.
4.4 The Department may limit title applications to three title applications per dealer or wholesaler per day. Additional title applications above the maximum limit of three may not be processed in one working day.
5.0 Processing Timeframes
5.1 Applications submitted prior to 3:00 p.m. may be picked up between 8:00 a.m. and 3:00 p.m. of the next working day.
5.2 One working day processing is contingent upon applications clearing computer edits, document review, and extraordinary circumstances beyond the control of the Department.
5.3 Overnight mail service of applications will be accepted. Prepaid return envelopes must be provided to ensure return of certificates of title by overnight service. Otherwise, all titles will be mailed by First Class Mail.
5.4 Titles not picked up by the eighth working day after the printing of the title may be cancelled and the original paperwork will be mailed by First Class Mail back to the applying dealer or wholesaler.
5.5 Only titles applied for at the Department of Revenue, Title and Registration Section, Vehicle Services Unit may be picked up in person.
6.0 Duplicate Certificates of title
6.1 Only licensed Colorado dealers or wholesalers may, at the Department's discretion, obtain duplicate certificates of title directly from the Department of Revenue, Title and Registration Section, Vehicle Services Unit.
6.2 Dealers or wholesalers may obtain duplicate certificates of title for vehicles that have been “traded-in” to them, but the owner has lost, misplaced, or accidentally destroyed the certificate of title.
6.3 The dealer or wholesaler must provide a power of attorney from the previous owner and the vehicle must be in the dealer's or wholesaler’s possession before an application for a duplicate title will be accepted.
6.4 Duplicate certificates of title showing an active recorded lien will not be provided to a dealer or wholesaler. If a proper lien release is submitted with a duplicate title application, the satisfied lien will be removed from the duplicate title and a duplicate title will be provided to the dealer or wholesaler.
7.0 Payment
7.1 Applications will not be processed until all statutorily required fees are paid.
7.2 Any check returned for insufficient funds, will require any and all future payments by that dealer or wholesaler to be made by cash or certified funds.
7.3 Refunds will be processed at the discretion of the Department.
RULE 9. DEPOT LICENSE PLATES Basis: The statutory bases for this rule are sections 42-1-204, 42-3-116, and 42-3-301, C.R.S. Purpose: The following is promulgated to establish criteria for the issuance and use of Depot License Plates.
1.1 “Dealer” – means a Colorado licensed dealership as defined in Code of Colorado Regulation 1 CCR 204-10 Rule 48. Colorado Dealer License Plates.
1.2 “Depot License Plate(s)” also referred to as “Depot Tags” – means a numbered license plate issued by the Department that has the stacked “DPT” lettering on the Colorado blue and white graphic license plate.
2.0 Requirements
2.1 A Dealer requesting Depot License Plates must complete and submit to the Department form DR 2521 Depot Plate Application, together with a copy of the Dealer’s license and required fees.
2.2 A Dealer can obtain one Depot License Plate per mechanic or service technician employed by the Dealer. Upon application or renewal, the owner or authorized representative of the Dealer must certify the number of mechanics or service technicians currently employed by the Dealer.
2.3 Applications, issuance, renewals, and replacements may be conducted via mail (including U.S. Postal Service, FedEx, UPS, DHL, etc.). The Dealer must provide a self-addressed, postage-paid envelope for Depot License Plates if requesting delivery by mail services. Depot License Plates cannot be mailed to a non-Colorado address.
2.4 Use of Depot License Plates is limited to the purposes described in section 42-3-116(4)(a), C.R.S.
3.0 Lost or Stolen Depot License Plates
3.1 A Dealer must report lost or stolen Depot License Plates within seventy-two (72) hours to the local law enforcement agency and to the Department using form DR 2283 Lost or Stolen License Plates/Permits Affidavit.
4.0 Surrender of Depot License Plates
4.1 A Dealer whose dealer license is suspended, denied, revoked, or expired, or otherwise ceases to operate must surrender to the Department all Depot License Plates in its possession within seventy-two (72) hours.
4.2 The Department will not refund any portion of the original fees paid when Depot License Plates are surrendered.
RULE 10. OBTAINING TITLE FOR A MOTOR VEHICLE ABANDONED AT A MOTOR VEHICLE REPAIR FACILITY Basis: The statutory bases for this rule are 38-20-116, 42-1-204, 42-6-102, 42-6-104, 42-6-115(3)(a), 42- 6-116, 42-6-136, 42-6-136.5, 42-6-137, and 42-9-102, C.R.S. Purpose: The purpose of this rule is to establish requirements for obtaining a Colorado certificate of title for a motor vehicle that has been abandoned at a Motor Vehicle Repair Facility.
1.1 “Abandoned Motor Vehicle” for the purposes of this rule means the same as it is defined in 38-20- 116(2.5)(b), C.R.S.
1.2 “Last Good Faith Effort” for the purpose of this rule means notifying the vehicle owner as required pursuant to 38-20-116(2), C.R.S.
1.3 “Motor Vehicle Repair Facility” means the same as it is defined in 42-9-102(3), C.R.S.
1.4 “Work Day” for the purposes of this rule means Monday through Friday, excluding Colorado State Government recognized holidays.
1.5 “Work Order” means the same as it is defined in 42-9-102(6), C.R.S.
2.0 Requirements
2.1 A Motor Vehicle Repair Facility in possession of an Abandoned Motor Vehicle may obtain a Colorado certificate of title in its name by completing the steps below. The below steps are the recommended order of completion, the Motor Vehicle Repair Facility may complete the steps in any order, but all steps must be completed before the Motor Vehicle Repair Facility can obtain a Colorado certificate of title in its name.
a. Complete a title record search pursuant to 38-20-116(2.5)(c)(III), C.R.S.
b. Notify the owner(s) and all lienholders in accordance with subsection 38-20- 116(2.5)(c)(IV), C.R.S.
c. Complete a certified VIN inspection pursuant to 38-20-116(2.5)(c)(II)(A) and (B), C.R.S. on form DR 2704 Colorado Certified VIN Inspection.
d. Establish the retail fair market value of the Abandoned Motor Vehicle pursuant to section 38-20-116(2.5)(c)(I), C.R.S.
e. Purchase a surety bond pursuant to 42-6-115(3)(a) and 38-20-116(2.5)(c)(V), C.R.S.
f. Disclose current or previous salvage information.
g. Complete form DR 2438 Storage Lien Bond Statement Guide or form DR 2444 Statement of Fact, providing the information required pursuant to section 38-20- 116(c)(VI), C.R.S.
2.2 After completion of all steps in paragraph 2.1 above, the Motor Vehicle Repair Facility may apply for a Colorado certificate of title or salvage branded title. The application and related forms must be filed in the name of the Motor Vehicle Repair Facility, and in the county where the Motor Vehicle Repair Facility is located. The County Clerk and Recorder will issue the Colorado certificate of title in the Motor Vehicle Repair Facilities name using the previous title code of “BOS REP” (Bill of Sale Repair Facility) and assess the appropriate fees pursuant to 42-6-137, C.R.S.
a. An Abandoned Motor Vehicle with a retail fair market value of less than $200.00 can be sold only for the purposes of junking, scrapping, or dismantling. No certificate of title will be issued. The sale must be executed in accordance with subsection 38-20- 116(2.5)(c)(VII)(B), C.R.S.
2.3 After the Motor Vehicle Repair Facility has obtained a Colorado certificate of title for the Abandoned Motor Vehicle, the vehicle must be sold in a commercially reasonably manner pursuant to section 38-20-116(d)(I), C.R.S.
3.0 Agents Acting on Behalf of the Motor Vehicle Repair Facility
3.1 An agent may obtain title to an Abandoned Motor Vehicle in a Motor Vehicle Repair Facility’s name upon presenting a Power of Attorney or Permission Letter authorizing the agent to act on the Motor Vehicle Repair Facility’s behalf.
3.2 The Permission Letter listed in paragraph 3.1 must include the make, model, model year, and VIN of the Abandoned Motor Vehicle; the business name, address, and telephone number of the Motor Vehicle Repair Facility; and a statement that “[Name of Motor Vehicle Repair Facility] hereby authorizes [agent’s name] to act on my behalf in processing the title application for the above-referenced motor vehicle.” The permission letter must be either (1) signed under penalty of perjury or (2) notarized.
RULE 11. EMERGENCY VEHICLE AUTHORIZATION Basis: The statutory bases for this rule are 42-1-102(6), 42-1-204, 42-4-108(5), 42-4-213, and 42-4-238, C.R.S.
Purpose: The following rule is promulgated to establish the application requirements for Emergency Vehicle Authorization resulting in Authorized Emergency Vehicle designation for a privately owned vehicle.
1.1 “Applicant” means the owner and/or operator of a vehicle seeking designation of that vehicle as an Authorized Emergency Vehicle.
1.2 “Approve” includes approval, permission, or authorization from an “Authorizer” as defined in this rule.
1.3 “Authorized Emergency Vehicle” means those vehicles so designated in 42-1-102(6)(a) and (b), C.R.S.
1.4 “Authorizer” means a Chief of Police, Sheriff, Fire Chief, Commanders of the Colorado State Patrol, a chief executive officer of an ambulance service, or their designees. For purposes of privately owned tow trucks, “Authorizer” means the Colorado Public Utilities Commission.
1.5 “Authorizing Agency” means a fire department, police department, ambulance service or, for the purposes of privately owned tow trucks, “Authorizer” means the Colorado Public Utilities Commission.
1.6 “Emergency Vehicle Decal” or often referred to as “Red Dot Sticker” means the window decal issued by the Department signifying that a vehicle has been designated an Authorized Emergency Vehicle.
1.7 “Emergency Vehicle Equipment” means the audible and visual signal equipment described in sections 42-4-213 and 42-4-238, C.R.S.
1.8 “Tow Truck” means the same as in subsection 40-10.1-101(21), C.R.S.
2.0 Application Requirements
2.1 An Applicant requesting designation of a vehicle as an Authorized Emergency Vehicle must complete the Applicant Information section of the form DR 2490 Emergency Vehicle Authorization Application (“DR 2490”). The Applicant must then submit the DR 2490 to the Authorizing Agency from which the Applicant seeks approval to equip the vehicle with Emergency Vehicle Equipment.
2.2 The Department cannot designate a vehicle an Authorized Emergency Vehicle unless the vehicle meets the statutory requirements for Emergency Vehicle Equipment and it is necessary to the preservation of life or property or to the execution of emergency governmental functions.
2.3 The Authorizer must verify that the Applicant satisfies the requirements in subsection 2.2 of this Rule.
2.4 The Authorizer has sole discretion whether to approve an Applicant who meets the requirements in subsection 2.3 of this Rule.
2.5 The Authorizer should ensure that the Applicant meets all requirements for an emergency vehicle operator imposed by the Authorizing Agency prior to granting approval to equip the vehicle with Emergency Vehicle Equipment. Emergency vehicle operator requirements may differ for each Authorizing Agency, and may include but are not limited to the minimum training and operating requirements listed in the Colorado Peace Officer Standards and Training (P.O.S.T.) manual.
2.6 An Authorizer and Applicant cannot be the same individual. An Authorizer who applies for an Emergency Vehicle Authorization must obtain approval from another Authorizer within his or her Authorizing Agency or from a different Authorizing Agency.
2.7 If the Authorizing Agency approves the Applicant, the Authorizer will complete the Authorization by Law Enforcement, Fire Chief, Ambulance Service Director section of the DR 2490 and submit the DR 2490 to the Department. For the purposes of privately owned tow trucks the Colorado Public Utilities Commission will complete the Authorization by Law Enforcement, Fire Chief, Ambulance Service Director section of the DR 2490 and submit the DR 2490 to the Department.
2.8 The Authorizer should review the DR 2490 for completeness prior to submitting the application. The Authorizing Agency must mail or deliver the approved DR 2490 to the Department. The Department will only accept an application submitted by an Authorizing Agency.
2.9 Upon finding that a designation satisfies all statutory requirements, the Department will designate the vehicle an Authorized Emergency Vehicle. The Department will provide an Emergency Vehicle Decal and two copies of the approved DR 2490 to the Authorizing Agency. To ensure protection of the of public and to preserve public safety, the Department will only provide the Emergency Vehicle Decal and copies of the approved DR 2490 to the Authorizing Agency.
2.10 The Authorizing Agency will ensure that the Emergency Vehicle Decal is affixed to the inside lower driver’s side corner of the front windshield of the Authorized Emergency Vehicle listed on the corresponding DR 2490.
2.11 One copy of the approved DR 2490 must be kept in the Authorized Emergency Vehicle at all times together with the Colorado registration card. The second copy of the approved DR 2490 must be retained by the Authorizing Agency as long as the Authorized Emergency Vehicle operates under the authority of the Authorizing Agency.
2.12 An Authorized Emergency Vehicle designation is valid the lesser of two (2) years from the date the Department’s designation is issued or until the Department receives a Revocation Action Notification pursuant to subsection 2.13 of this Rule. Renewal of the designation is not automatic; the Authorizing Agency must complete, approve, and submit a new DR 2490 complying with all the requirements of this Rule.
2.13 An Authorizing Agency may request that the Department revoke an Authorized Emergency Vehicle designation by completing the Revocation Action Notification portion of a copy of the previously approved DR 2490 and by submitting the form to the Department.
2.14 Upon receipt of a request for revocation, the Department will cancel the Authorized Emergency Vehicle designation. The Authorizing Agency will ensure the Emergency Vehicle Decal is removed from the vehicle.
3.0 Privately Owned Tow Truck Authorization
3.1 Privately owned Tow Trucks must obtain emergency vehicle authorization from the Colorado Public Utilities Commission. No other Authorizer or Authorizing Agency may approve Tow Trucks as Authorized Emergency Vehicles.
RULE 12. VEHICLES ABANDONED ON PRIVATE PROPERTY Basis: This regulation is promulgated under the authority of 42-1-204, C.R.S., and Part 21 of Article 4 of Title 42, C.R.S.
Purpose: The following rules and regulations are promulgated to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on private property.
1.1 “Abandoned Motor Vehicle” for the purposes of this regulation means any motor vehicle that:
a. Is left unattended on private property for a period of twenty-four hours or longer, or for such other period as may be established by local ordinance, without the consent of the owner or lessee of such property or the owner’s or lessee’s legally authorized agent; or b. Is stored in an impound lot at the request of its owner or the owner’s agent and not removed from the impound lot according to the agreement with the owner or agent; or c. Is left on private property without the property owner’s consent, towed at the request of the property owner, and not removed from the impound lot by the vehicle owner within forty-eight hours; or d. Any motor vehicle fitted with an immobilization device that is on private property and deemed to be abandoned pursuant to section 42-4-1105(7)(c).
1.2 “Appraisal” means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by an employee of the Colorado State Patrol or of any sheriff's or police department whose appointment for such purpose has been reported by the head of the appointing agency to the executive director of the Department.
1.3 “Classified Newspaper Advertisement” means a printed advertisement that is published in a Colorado newspaper in the section of the newspaper indicating the express intent to sell a vehicle.
1.4 “Commercially Reasonable Sale” means a sale in accordance with section 42-4-2104, C.R.S. A sale shall not be considered commercially reasonable if the vehicle’s appraisal value is of more than $350.00 and the vehicle is sold to an officer or partner of the operator that has possession of the vehicle or to any other person with a proprietary interest in such operator.
1.5 “Department” means the Department of Revenue
1.6 “Department Website” means an electronic system whereby an operator registered under section 42-4-1806(2), C.R.S., or the agent of such operator shall have access to correct information relating to any owner or lienholder of a motor vehicle towed by the operator as represented in the Department's records at the time of the inquiry.
1.7 “Licensed Motor Vehicle Dealer” means a motor vehicle dealer licensed under Article 6 of Title 12, C.R.S.
1.8 “Operator” means a person or firm who has obtained a permit from the Colorado Public Utilities Commission (PUC), Department of Regulatory Agencies as a towing carrier.
1.9 “Private Tow” A private tow shall result from the abandonment of a motor vehicle on private property in accordance with 42-4-2102(1), C.R.S.
2.0 Requirements
2.1 Timeframes - All timeframes set forth herein begin with the commencement of the tow or abandonment in the case of nonconsensual tows. Timeframes for consensual tows begin when the owner of record breaches an agreement with the operator to claim the vehicle.
2.2 Operator - All operators that tow abandoned vehicles from private property must obtain a permit from the Colorado Public Utilities Commission, Department of Regulatory Agencies and shall be registered with the Department.
a. The operator shall submit a DR 2008A Private Tow Vehicle Information Request form to the Department or may perform a record search through the Department’s website at http://ids.dor.state.co.us/ to obtain owner and lienholder information for a private tow.
b. The date noted on the DR 2008A “Date to DOR” shall be the date used to determine the date that the operator complied with notification to the Department in accordance with 42- 4-2103(3), C.R.S.
c. The operator may collect the amount of the documented direct and indirect costs associated with the notification of the owner and lienholder in accordance with 4 CCR 723-6. Direct costs include, but are not limited to, the charges paid to the U.S. Postal Service for sending the notice by certified mail, return receipt requested, and reasonable fees for recovering and securing the vehicle. Indirect costs include, but are not limited to, the administrative costs of labor, equipment and supplies required to send the notice.
2.3 Law Enforcement Notification - Operators shall notify law enforcement in accordance with 42- 4-2103, C.R.S.
2.4 Operator Notification of Owner/Lienholder - Operators shall notify the owner and lienholder as required by 42-4-2103, C.R.S.
2.5 Sale of Abandoned Vehicle
a. If the owner or lienholder of a motor vehicle that was abandoned on private property does not claim the vehicle before the end of the notification period, the operator may execute a commercially reasonable sale. The operator may set the sales price to any value that he/she determines.
b. The sale must occur not less than 30 and not more than 60 days from the postmark date the notice was mailed pursuant to 42-4-2103(4), C.R.S., or the date the operator receives notice that no record exists for such vehicle.
c. The vehicle shall be appraised by a licensed Colorado motor vehicle dealer or a law enforcement officer.
d. The vehicle shall be sold to a licensed motor vehicle dealer, wholesaler, a wholesale motor vehicle auction dealer or through a classified newspaper advertisement.
e. When the sale is through a classified newspaper advertisement, a copy of the advertisement and proof of publication shall be submitted with the title application. The classified newspaper advertisement must identify that the vehicle is for sale, and contain the vehicle year, make, the last 6 characters of the vehicle identification number, identity of the operator, and provide operator contact information.
f. If an operator conducts a commercially reasonable sale but fails to sell the motor vehicle, the operator may continue to collect daily storage fees for such vehicle actually accrued for up to one hundred twenty days.
2.6 Bond Title Application - If no owner of record is found by the Department through Department records or through the Department's website and the vehicle is less than five years old, including the current year models, the purchaser shall apply for a bonded title in accordance with 42-4- 2104 (3), C.R.S. and the procedure outlined in the DR 2922 Title or Salvage Title Established by Surety Bond Checklist.
2.7 Proceeds of Sale - All proceeds from the sale of a motor vehicle abandoned on private property shall be applied in accordance with 42-4-2108, C.R.S., Operators are required to complete Section C entitled “Report of Sale of an Abandoned Vehicle” on the DR 2173 Motor Vehicle Bill of Sale at the time of sale.
3.0 Operator Registration - All operators that tow abandoned vehicles from private property must be issued a permit by the Colorado Public Utilities Commission, Department of Regulatory Agencies and shall be registered with the Department.
4.0 Electronic Search Capability - Whenever possible, operators shall utilize the Department’s website to obtain the owner and lienholder information of abandoned vehicles. Use of the Department’s website shall only be for the purpose of obtaining the required information to process abandoned vehicles and in full compliance with the Driver Privacy Protection Act. Record search information shall not be provided to the buyer of an abandoned vehicle pursuant to 18 USC 2721. Record search information shall be retained by the operator for a period of three years.
5.0 Suspension/Revocation - An operator's permit may be altered, amended, suspended, revoked, or the subject of an order to cease and desist by the Colorado Public Utilities Commission, Department of Regulatory Agencies, or the Department may cancel the operator's registration when it is established that the operator has violated any of the provisions set forth in part 21 of Article 4 of Title 42, C.R.S.
a. An operator’s registration and access to the Department’s website may be canceled and an operator may not complete searches through the Department’s website for the following reasons:
b. Operators’ who have had their registration and access to the Department’s website cancelled by the Department may request a hearing, in writing, within thirty days after the cancellation is issued. Written hearing requests shall be submitted to the Department of Revenue, Enforcement Unit, Hearings Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214.
c. The hearing shall be held at the Department of Revenue, Enforcement Unit, Hearing Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The Department’s representative need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the applicant at the time the written request for hearing is submitted. If the Department’s representative is not present at the hearing, any written documents and affidavits submitted by the Department may be considered at the discretion of the hearing officer.
RULE 13. PUBLIC TOW REQUIREMENTS FOR ABANDONED VEHICLES Basis: This regulation is promulgated under the authority of 42-1-204 C.R.S., Part 18 of Article 4 of Title 42 C.R.S.
Purpose The following rules and regulations are promulgated to establish criteria for the notification and title application to the Department when the vehicle is abandoned on public property.
1.1 “Department” means the Department of Revenue, Division of Motor Vehicles.
1.2 “Department Website” means an electronic system whereby an operator registered under 42-4- 1806(2) C.R.S. or the agent of such operator shall have access to correct information relating to any owner or lienholder of a vehicle towed by the operator as represented in the Department records at the time of the inquiry.
1.3 “Licensed Motor Vehicle Dealer” means a new or used motor vehicle dealer licensed under Article 6 of Title 12 C.R.S.
1.4 “Operator” means a person or firm licensed by the Public Utilities Commission (PUC) as a towing carrier.
1.5 “Public Tow” A public tow shall result from the abandonment of a vehicle on public property in accordance with 42-4-1802 (1), C.R.S.
1.6 “Rebuilt From Salvage” means a motor vehicle or vehicle that is now roadworthy as defined in 42- 6-102(15), C.R.S.
1.7 “Rebuilt from Salvage Brand” means the designation on the Rebuilt from Salvage Certificate of Title and shall become a permanent part of the Certificate of Title and motor vehicle record for such vehicle and shall appear on all subsequent certificates of title for such vehicle.
1.8 “Rebuilt From Salvage Certificate of Title” means a Colorado Certificate of Title issued to a motor vehicle or vehicle as defined in 42-6-136(3)(a), C.R.S.
1.9 “Roadworthy” means a condition in which a motor vehicle has sufficient power and is fit to operate on the roads and highways of this state after visual inspection by appropriate law enforcement authorities. In order to be roadworthy, such vehicle, in accord with its design and use, shall have all major parts and systems permanently attached and functioning and shall not be repaired in such a manner as to make the vehicle unsafe. “Major parts and systems” shall include, but not be limited to, the body of a motor vehicle with related component parts, engine, transmission, tires, wheels, seats, exhaust, brakes, and all other equipment required by Colorado law for the particular vehicle.
1.10 “Salvage” means any motor vehicle or vehicle as defined in 42-6-102(10) and (23) C.R.S. which is damaged as defined by 42-6-102 (17), C.R.S. which shall include any reference to “salvage motor vehicle” or “salvage vehicle”.
1.11 “Salvage Brand” means a Salvage Title or Salvage Certificate of Title issued to a salvage motor vehicle or salvage vehicle with the designation “SALVAGE TITLE” printed on the face of the Certificate of Title and indicated on the motor vehicle record. A motor vehicle registration is not permitted for salvage motor vehicles and salvage vehicles with this designation.
1.12 “Salvage Title or Salvage Certificate of Title” means a Colorado Certificate of Title as defined in 42-6-117, C.R.S issued to a salvage motor vehicle or salvage vehicle.
1.13 “Working Day” means Monday, Tuesday, Wednesday, Thursday and Friday, excluding State Furlough days and Holidays - New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day
2.0 Requirements
2.1 Time Frames - All time frames set forth herein begin with the commencement of a tow of an unattended motor vehicle. Time frames for attended motor vehicles tows begin when the owner or owner of record’s agent breaches an agreement with the operator to claim the vehicle. The “vehicles abandoned on public property” procedure terminates with the release or sale of the vehicle in accordance with Part 18 of Article 4 of Title 42 C.R.S.
2.2 Responsible Law Enforcement Agency – Using the DR 2008 Public Tow Vehicle Information Request form, the responsible law enforcement agency that authorized the tow of the vehicle must report information relating to the tow to the Department no later than 10 working days after having an abandoned vehicle towed.
A. The Department will search its records to determine if there is an owner or lienholder of record. The DR 2008 Public Tow Vehicle Information Request form will serve as notification and search request in the title application upon sale of the vehicle.
B. The law enforcement agency must notify any owner and/or lienholder of record, determined through Department records within 10 working days after receipt of the report from the Department.
C. If no record is found in the Department records, the date of notice shall be the date the search of the Department records was completed.
2.3 Operator - All operators that tow abandoned vehicles from public property must be licensed by the Colorado Public Utilities Commission and shall be registered with the Department.
A. The operator shall submit a DR 2008 Public Tow Vehicle Information Request form to the Department or may perform a record search through the Department Website to obtain owner and lienholder information for a public tow.
B. The date noted on the DR 2008 “Date to DOR” shall be the date used to determine the date that the operator complied with notification to the Department in accordance with 42- 4-1804 C.R.S.
C. The operator may collect the amount of the documented direct and indirect costs associated with the notification of the owner and lienholder in accordance with 4 CCR 723-6. Direct costs include the charges paid to the U.S. Postal Service for sending the notice by certified mail, return receipt requested. Indirect costs include, but are not limited to, the administrative costs of labor, equipment and supplies required to send the notice.
2.4 Bond Title Application. If no record is found by the Department through Department records or through the Department Website for vehicles less than five years old, including the current model year, the purchaser shall apply for a bonded title in accordance with the procedure outlined in the DR 2922 Title or Salvage Title Established by Surety Bond Checklist. When a bond is required, the appraisal on the DR 2173 Motor Vehicle Bill of Sale is valid for 45 days.
2.5 Proceeds of Sale. All proceeds from the sale of a motor vehicle abandoned on private property shall be in accordance with 42-4-1809, C.R.S. Operators are required to complete Section C entitled “Report of Sales of an Abandoned Vehicle” on the DR 2173 Motor Vehicle Bill of Sale.
3.0 Salvage Vehicles
A. Upon receiving record search information from the Department or through the Department Website, and the record indicates that the vehicle is salvage, the responsible law enforcement agency must disclose this information to the buyer.
B. The law enforcement agency must designate the vehicle as “salvage” on the DR 2173 Motor Vehicle Bill of Sale.
C. The responsible law enforcement agency shall provide the buyer with a DR 2444 Statement of Fact indicating the vehicle was purchased as an abandoned vehicle and no repairs were made by the law enforcement agency.
D. The responsible law enforcement agency shall require a DR 2704 Certified VIN Inspection be completed to determine if the vehicle is roadworthy.
E. If the vehicle is roadworthy, then the buyer may apply for a Rebuilt from Salvage Certificate of Title by following the DR 2415 Title Established by Salvage Title Checklist.
F. The buyer will complete a DR 2424 Salvage Title Statement of Fact stating that the vehicle was purchased from the responsible law enforcement agency as an abandoned vehicle and that no repairs have been made.
G. If the completed DR 2704 Certified VIN Inspection indicates that the vehicle is not roadworthy, the buyer may apply for a Salvage Title or Salvage Certificate of Title using the DR 2410 Salvage Title Application.
H. The buyer may apply for a Rebuilt from Salvage Certificate of Title by repairing the vehicle and following the DR 2415 Title Established by Salvage Title Checklist.
I. After repairing the vehicle, a new DR 2704 Certified VIN Inspection is required.
J. A DR 2710 Rebuilt from Salvage Disclosure is required for all subsequent title applications and must indicate “Other – purchased as an abandoned vehicle”.
K. If the record search information obtained from the Department or through the Department Website indicates that the vehicle was Rebuilt from Salvage the responsible law enforcement agency shall request a record history from the Department to determine the cause of the initial salvage designation.
L. If reason for initial salvage designation is determined, the responsible law enforcement agency will complete the DR 2710 Rebuilt from Salvage Disclosure to provide the initial salvage designation.
M. If the reason for the initial salvage designation is indeterminate, the responsible law enforcement agency will complete the DR 2710 by marking the “other” box and stating “purchased as an abandoned vehicle, unable to obtain a salvage history, reason for salvage unknown”
4.0 Operator Registration -
All operators that tow abandoned vehicles from public property must be issued a permit through the Colorado Public Utilities Commission, and shall be registered with the Department.
5.0 Suspension/Revocation -
Upon complaint by the Department, an operator's license may be suspended or revoked by the Colorado Public Utilities Commission, or the Department may cancel the operator's registration when it is established that the operator has violated any of the provisions set forth in part 18 of Article 4 of Title 42 C.R.S.
A. An operator’s registration may be canceled and the operator may not complete searches through the Department’s website for the following reasons:
I. The operator’s PUC status has been revoked by the PUC.
2. The operator is 45 days or more past day on the payment of their monthly bill to the Department for use of the online website search application.
3. The operator has not completed their annual renewal application timely.
6.0 Electronic Search Capability -
Whenever possible, operators and the responsible law enforcement agency shall utilize the Department Website to obtain the owner and lienholder information of abandoned vehicles. Use of the Department Website shall be only for the purpose of obtaining the required information to process abandoned vehicles and in full compliance with the Driver Privacy Protection Act. Record search information shall not be provided to the buyer of an abandoned vehicle pursuant to ACT 18 USC 2721. Record search information shall be retained by the operator for a period of three years. RULE 14. ENFORCEMENT AND HEARING PROCEDURES [Recodified as 1 CCR 210-3] RULE 15. FALLEN SERVICE MEMBER LICENSE PLATES [Repealed eff. 03/02/2017] RULE 16. GROUP SPECIAL LICENSE PLATES Basis: The statutory bases for this regulation are 42-1-102(41.5), 42-1-201, 42-1-204, 42-3-207, 42-3- 208 and 42-3-301, C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for the application, responsibilities, and processes for Group Special License Plates.
1.1 “Approval Notification” means the Department certification that the non-profit has met statutory and regulatory requirements for proposal of the creation of a Group Special License Plate.
1.2 “Certificate” for the purpose of this regulation means letters, vouchers, or certificates issued by the non-profit to a person as evidence that the person has met the pre-certification qualifier for their associated Group Special License Plate.
1.3 “Department” for the purpose of this regulation means the Department of Revenue, Division of Motor Vehicles, Title and Registration Sections.
1.4 “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.
1.5 “Group Special License Plates Created Through Rule” means those Group Special License Plates created and approved for registration to motor vehicles prior to January 1, 2001. These plates include 10th Mountain Division, Air Force Commemorative, Benevolent and Protective Order of the Elks, Columbine, Denver Firefighter, Firefighters, Greyhound Lovers, Knights of Columbus, Masonic Family, Naval Reserve, Pioneer, and Raptor Education Foundation license plates.
1.6 “Group Special License Plates Created Through Statute” means those Group Special License Plates created on or after January 1, 2001 through enacting legislation.
1.7 “Non-Profit” means a tax-exempt entity described in Internal Revenue Code (IRC) Section 501(c)(3). An organization must be organized and operated exclusively for one or more of the purposes set forth in IRC Section 501(c)(3) and none of the earnings of the organization may inure to any private shareholder or individual. In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate at all in campaign activity for or against political candidates.
1.8 “Pre-Certification Qualifier” means condition(s) that must be met prior to the issuance of a Group Special License Plate. Pre-certification qualifiers may be, but are not limited to, monetary donation, membership with the non-profit, or meeting of non-profit specific criteria.
1.9 “Registered” for the purpose of this regulation means a vehicle with an unexpired registration that is currently issued the Group Special License Plate pursuant to 42-3-102 and 42-3-114, C.R.S.
1.10 “Retire” means the discontinuation of the production and issuance of the Group Special License Plate.
1.11 “Secure and Verifiable Identification” means an identification document reflected on the Department’s Form DR 2841 Secure and Verifiable ID.
2.0 Application for Creation of Group Special License Plates
2.1 Non-profits operating in the State of Colorado shall be eligible to apply for the creation of a Group Special License Plate.
2.2 Upon completion of all statutory and regulatory requirements for the proposal to create a Group Special License Plate by the non-profit an application, on the forms supplied by the Department, shall be submitted to the Public Relations Manager, Title and Registration Sections, Division of Motor Vehicles. Incomplete applications will not be accepted or retained.
A. Applications shall be signed by the non-profit affirming agreement to this regulation. In addition to the signed application, the non-profit shall submit:
2.3 Upon receipt of the Approval Notification the non-profit has the sole responsibility to obtain a bill sponsor to propose legislation. The Department shall retain the application for two years after issuance of the Approval Notification.
A. If the non-profit fails to obtain a bill sponsor within two years of issuance of the Approval Notification and desires to continue with the creation of the Group Special License Plate the non-profit shall be required to re-apply and meet all statutory and regulatory requirements in effect at that time. Requirements met with a previous application are not transferable to a new application.
3.0 Enacted Group Special License Plates Responsibilities and Processes
3.1 Group Special License Plates must be designed within the formats established by the Department who has final approval authority. The Department may deny any design proposal it considers offensive or misleading.
A. Use of corporate (for profit) logos shall not be approved for use in the design of the Group Special License Plate. If the non-profit is associated under, or is a division of a “for profit” organization the use of that “for profit” logo shall not be approved in the design. The Department shall have final approval authority on all logo designs and placement on the Group Special License Plates. Use of national symbols shall be approved at the discretion of the Department.
B. Design change requests after the design has been approved must be submitted in writing to the Department by the non-profit. Supporting documentation required may include, but is not limited to, issuance trends, current inventory levels, and costs associated with changes. If the change request is approved, the non-profit shall prepay all design costs prior to manufacture of the new design. Design changes are effective as established by the Department inventory management methodologies. Registered vehicles, as defined in this rule shall be allowed to maintain their current plate design. If approval is granted while existing inventory is in circulation and the non-profit requests new plates to be implemented immediately, the non-profit shall pay all fees associated with the recall, collection, and destruction of existing inventory.
3.2. Upon completion of the proposed Group Special License Plate design, the non-profit will receive one sample of the approved plate design. Sample plates used in the design approval process are the property of the Department. The non-profit may request up to five samples for marketing and display purposes upon payment of material fees as established in 42-3-301, C.R.S., for each plate. Sample plates shall be produced using the standard passenger size license plate with the standard sample plate numbers assigned by the Department. Non-standard plate number requests will not be accepted. Permission from the Department is required prior to use of the plate design, electronic plate images, or graphic plate images outside of usual marketing (website, newsprint etc.). The Department shall be given at least 72 hours prior notice of all news releases, interviews, or mass communications referencing the Group Special License Plate.
3.3 The Department shall determine the method used and initial supply and re-stocking of inventory.
3.4 Requests to distribute thank you notes, requests for contributions, or other propaganda with the issuance of the Group Special License Plate will not be accepted.
3.5 The non-profit shall continuously maintain non-profit status. Proof of non-profit status shall be submitted to the Department annually prior to June 1st.
A. If at any time, it is determined that the non-profit has lost status as a non-profit, at the Department’s discretion, the plate shall either be retired or the pre-certification qualifier eliminated. At that time the non-profit will cease to be associated with the Group Special License Plate.
3.6 The non-profit shall not request resident information or vehicle owner information from the Department concerning the number or expiration months of Group Special License Plates issued.
3.7 The non-profit must affirm in writing to the Department if the authority of the Group Special License Plate is transferred to a successor non-profit. Upon acceptance of the transfer of authority by the Department, the successor non-profit shall meet all statutory and regulatory requirements and shall be required to affirm in writing agreement to the established regulations in regards to Group Special License Plates.
3.8 Request for changes to certificates must be submitted in writing ensuring sufficient time to disseminate the change to all Motor Vehicle offices. Upon approval of the certificate change the Department will establish an effective date for the change. Amended certificate shall meet the requirements of Code of Colorado Regulations 1 CCR 204-10 Rule 16. Previously issued certificates that have not been presented to the Motor Vehicle office for issuance of the associated Group Special License Plate will be accepted for issuance of a Group Special License Plate.
3.9 Pursuant to the date establish within each Group Special License Plate statute, and every year thereafter on such date, there shall be the amount specified in statute for the number of motor vehicles registered with the associated Group Special License Plate. If the Group Special License Plate is registered to less than the amount specified in statute, the Department shall retire the Group Special License Plate pursuant to the Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
3.10 The Department may require an audit of the non-profit monies collected and efforts made in the name of the Group Special License Plate. This may include, but is not limited to, accounting, financial, procedures, tax, and pre-certification qualifier audits.
A. In the event that an audit results in adverse findings, the Department may require additional information to support the non-profit’s claims and may retire the Group Special License Plate pursuant to Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
3.11 If the Department retires a Group Special License Plate the retirement of the Group Special License Plate requires:
A. The discontinuation of the production and issuance of the Group Special License Plate.
B. Written notice, sent via regular certified postal mail, to the non-profit associated with the Group Special License Plate. This retirement notice shall also act as the official notice that the non-profit is no longer associated with the Group Special License Plate. Upon receipt of the retirement notice the non-profit shall:
C. A person, whose vehicle is registered with a retired Group Special License Plate, shall be permitted to continue registration with the Group Special License plate provided the registration remains current and the license plate is not damaged, lost, or stolen.
D. The non-profit is required to provide refunds to persons who were issued certificates from the non-profit within the last 13 months and who have not been issued the Group Special License Plate prior to the retirement date.
3.12 Applications for the proposal of a new Group Special License Plate will be accepted 5 years from the date of the last retirement of a Group Special License Plate by the same non-profit who will be required to meet the statutory and regulatory requirements at that time.
3.13 Non-profits associated with Group Special License Plates created through rule shall meet the requirements of this regulation unless such rule and/or other agreement that non-profit has with the Department establishes separate requirements that differ from this regulation. In any event, that such rule and/or other agreement are in place and it does not specifically address items in this regulation, this regulation shall apply and be in full effect. RULE 17. HORSELESS CARRIAGE Basis The statutory basis for this regulation is 42-1-204, 42-12-101 and 42-12-301, C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of Horseless Carriage license plate.
1.1 “Early Date of Manufacture” for the purposes of this rule means that a motor vehicle was manufactured at least fifty years before the current date of registration.
1.2 “Collector’s Item” means a motor vehicle, including a truck or truck tractor, that is of:
a. Model year 1975 or earlier;
b. Model year 1976 or later that was registered as a collector’s item prior to September 1, 2009; except that a vehicle so registered is not eligible for registration as a collector’s item upon sale or transfer to a new owner.
c. A model year at least thirty-two years old; except that, if the vehicle is being registered in the program area, as defined in section 42-4-304, C.R.S.:
1.3 “Department” for the purposes of this regulation means the Department of Revenue, Title and Registration Sections.
1.4 “Horseless Carriage” means any motor vehicle valued principally because of the vehicle’s early date of manufacture, design, or historical interest or valued as a collector’s item.
2.0 Requirements and Process
2.1 Registration of horseless carriage vehicles and issuance of a Horseless Carriage license plate shall be completed by the Department.
2.2 A Horseless Carriage license plate may be issued to motor vehicles valued principally because of the vehicles’ early date of manufacture, design, or historical interest or that is valued as a collector’s item.
2.3 All applicable title and registration fees must be paid at the time of application to the Department.
2.4 In accordance with 42-12-301(3), C.R.S., the Department shall register horseless carriage vehicles and issue Horseless Carriage license plates for a period not exceeding five years, but all such registrations and license plates shall expire on the same date regardless of the date of issue. For example any Horseless Carriage application received and processed between December 2009 through December 2014, regardless of the date within this period, will be issued a 2014 year tab and be required to renew their registration in November 2014. Collection of fees will be based on the number of years remaining at the time of issuance for registration.
a. Horseless Carriage set five year registration periods are as follows:
2.5 Vehicles registered with a Horseless Carriage license plate are required to display only one plate on the rear of the vehicle. No other plate may be affixed to the vehicle while the Horseless Carriage plate is displayed.
2.6 Vehicles registered as a Horseless Carriage and displaying a Horseless Carriage license plate are subject to limited use, and may be driven on the streets and highways only: to and from assemblies, conventions, or other meetings where such vehicles and their ownership are the primary interest of the event; on special occasions, for demonstrations and parades; on occasions when their operation on the streets and highways will not constitute a traffic hazard; and to, from, and during local, state, or national tours held primarily for the exhibition and enjoyment of such vehicles.
2.7 A lost or stolen Horseless Carriage license plate shall be reported within seventy-two (72) hours to the local law enforcement agency and to the Department using form number DR 2283 Affidavit for Lost or Stolen License Plates/Permits.
2.8 Upon the sale of a vehicle registered with a Horseless Carriage plate, the license plate will remain with the vehicle and be transferred to the new owner. Upon the new owner establishing ownership through title and registration, notice of the transfer shall be communicated, via forms established by the Department, to the Department.
3.0 Rejected Applications and Cancelled Registrations
3.1 The Department may deny issuance of a Horseless Carriage license plate for an incomplete application, if a vehicle does not meet the minimum requirements to display a Horseless Carriage license plate, or on any other of the bases set forth in article 3, title 42, C.R.S., for not registering a motor vehicle. The Department may cancel the registration of a Horseless Carriage for mis-use of the Horseless Carriage license plate, if false information was provided to secure issuance of the license plate, or as otherwise provided in article 3, title 42, C.R.S.
3.2 Applicants who have been denied issuance of a Horseless Carriage license plate or who have their Horseless Carriage registration cancelled may request a hearing, in writing, within thirty days after the notice is issued. Written hearing requests shall be submitted to the Department of Revenue, Enforcement Unit, Hearings Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214.
3.3 The hearing shall be held at the Department of Revenue, Enforcement Unit, Hearing Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The Department’s representative need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the applicant at the time the written request for hearing is submitted. If the Department’s representative is not present at the hearing, any written documents and affidavits submitted by the Department may be considered at the discretion of the hearing officer. RULE 18. SATISFACTORY EVIDENCE OF VEHICLE OWNERSHIP Basis: The statutory bases for this regulation are sections 42-1-204, 42-6-106(1)(d), 42-6-106(1)(e), 42- 6-107, 42-6-109, 42-6-110, 42-6-113, 42-6-114, 42-6-115, and 42-6-119, C.R.S. Purpose: The following rules and regulations are promulgated to establish the process for proving vehicle ownership for the purpose of issuing a certificate of title.
1.1 “Current Registration” means a vehicle registration card or other document that demonstrates the vehicle is currently registered.
1.2 “Foreign Jurisdiction” means any state, other than the State of Colorado, or any country other than the United States, or sovereign nation.
2.0 Satisfactory Evidence of Vehicle Ownership
2.1 The Department may accept the following documents as evidence of vehicle ownership:
a. A certificate of title issued by the State of Colorado or a Foreign Jurisdiction transferred as provided in section 42-6-110, C.R.S.;
b. A Current Registration for the vehicle listing the applicant’s name if issued by a Foreign Jurisdiction that does not issue a title for that vehicle type;
c. A bill of sale for a vehicle not previously required to be titled or registered in the State of Colorado;
d. A bill of sale for a vehicle from a Foreign Jurisdiction if the Department verifies that the jurisdiction does not issue a title for or register that vehicle type;
e. A Current Registration issued by the U.S. Armed Services;
f. A copy of a court order describing the vehicle by year, make, and Vehicle Identification Number (VIN), and directing the Department to issue a Colorado certificate of title to the applicant, or a judgment for possession obtained through a civil proceeding pursuant to section 42-6-114, C.R.S.;
g. A completed DR 2409 Statement of Assembly of Homemade Trailer and Assignment of Trailer I.D. Number if the trailer is a homemade vehicle as defined in section 42-5-201(4), C.R.S.; or h. Other evidence deemed by the Department to be satisfactory evidence of vehicle ownership.
2.2 If an applicant does not have the Colorado certificate of title and the Colorado record has been purged, any of the following documents listing the applicant’s name, submitted together with a completed DR 2116 Motor Vehicle Bill of Sale For a Purged Colorado Record, may be considered satisfactory evidence of proof of vehicle ownership:
a. Colorado registration;
b. Colorado registration renewal card;
c. Photocopy of the Colorado certificate of title;
d. A certified copy of the Colorado motor vehicle record; or e. Other documentation deemed by the Department to be satisfactory evidence of vehicle ownership.
2.3 Any document provided as evidence of vehicle ownership must include the VIN, vehicle year, vehicle make, and the applicant’s name listed as the owner, buyer, or transferee.
2.4 The Department will not accept documents that do not contain all elements required to prove authenticity (e.g., certification, notary, acceptable transfers, assignments, etc…).
2.5 An applicant who cannot provide satisfactory proof of vehicle ownership documents must satisfy all requirements set forth in section 42-6-115, C.R.S., and 1 CCR 204-10. Rule 19. Bonding for Colorado Certificate of Title.
RULE 19. BONDING FOR COLORADO CERTIFICATE OF TITLE Basis: The statutory bases for this regulation are 42-6-104, 42-6-107(1)(b), 42-6-115, 42-6-116, and 42- 6-117, C.R.S.
Purpose: The following rule is promulgated to clarify documents required and processes relating to bonding for a Colorado certificate of title when satisfactory evidence of vehicle proof of ownership cannot be provided by an applicant.
1.1 “Certified VIN Inspection” means a vehicle identification number (VIN) inspection conducted by a Peace Officers Standards and Training (P.O.S.T.) certified inspector completed on forms provided by the Department.
1.2 “Secure Form” means a form produced through a secure printing process or other secure process which deters counterfeiting and/or unauthorized reproduction and allows alterations to be visible to the naked eye.
2.0 Bonding for Title
2.1 An applicant that is unable to provide satisfactory evidence of proof of ownership of a vehicle shall be required to perform the bonding for title requirements listed in 42-6-115, C.R.S., in order to obtain a Colorado certificate of title.
2.2 A Colorado certificate of title will be issued upon successful completion of the requirements listed in this subsection 2.0 below. The applicant must:
a. Provide a Certified VIN Inspection. The Certified VIN Inspection must not be over one year old at the time of application.
b. Obtain and provide a title record search. The title record search may not be older than one-year from the date of application; and
c. Provide proof of an attempt to contact all owner(s) and lienholder(s) identified on the title record search(es) through certified or registered mail. The proof of attempted contact must include the following:
d. Provide a lien release for all active liens indicated on the title record search(es). Lien releases must be on the lienholder’s letterhead, unless the lienholder is an individual, and must include the vehicle year, make, VIN, titled owner’s name(s), agent’s signature, date of lien release, and must be signed under penalty of perjury in the second degree as defined in 18-8-503, C.R.S. The lien release must be a signed original or signed duplicate of the mortgage or copy thereof, certified by the holder of the mortgage or the holder’s agent to be a true copy of the signed original mortgage.
e. Provide the reasonable appraised value of the vehicle pursuant to 42-6-115(3)(a), C.R.S. The appraisal must be for the current condition of the vehicle at the time of application for a Colorado certificate of title. The appraisal must describe the vehicle by the VIN, year, and make, and must be established as listed by one of the following:
f. Provide proof of a surety bond for twice the appraised value shown on the appraisal, unless exempted pursuant to 42-6-115(3)(b), C.R.S.
2.3 If the vehicle record search(es) completed in paragraph 2.2b above indicates the vehicle is salvage, then the applicant must complete the rebuilt from salvage processes contained in Code of Colorado Regulations 1 CCR 204-10 Rule 31. Salvage and Rebuilt From Salvage Certificate of Title Requirements.
2.4 The applicant must disclose at the time of application for Colorado certificate of title the vehicle’s odometer reading on the Secure Form DR 2173 Motor Vehicle Bill Of Sale provided by the Department for vehicles with model years of less than ten years.
2.5 If the vehicle is a trailer weighing 2,000 pounds or less, and the applicant provides a form DR 2697 Certification of Equipment Compliance for Homemade and In Lieu of Bond Trailers, and the applicant completes the form DR 2908 In Lieu Of Bonding For Trailer 2000 Pounds or Less Checklist, as necessary, then the applicant is deemed to have provided evidence of ownership satisfactory to the director for purposes of this rule and is not required to purchase a surety bond.
3.0 Application Rejection Appeals
3.1 Applicants who have been denied issuance of a Colorado certificate of title may request a hearing, in writing, within thirty days after the denial notice is issued. Written hearing requests shall be submitted to the Department of Revenue, Enforcement Unit, Hearings Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214 3.2 The hearing shall be held at the Department of Revenue, Enforcement Unit, Hearing Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The Department’s representative need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the applicant at the time the written request for hearing is submitted. If the Department’s representative is not present at the hearing, any written documents and affidavits submitted by the Department may be considered at the discretion of the hearing officer. RULE 20. LICENSE PLATE RETIREMENT BASIS: The statutory bases for this regulation are sections 42-1-204, 42-3-207(1) (b) (II), 42-3-212(7), 42-3-214(7), 42-3-221(6), 42-3-222(6), 42-3-223(6), 42-3-224(2)(a), 42-3-225(2)(b), 42-3-226(2)(a), 42-3- 227(6), 42-3-228(6), 42-3-229(2)(a), 42-3-230(6), 42-3-231(6)(a), 42-3-232(6)(a), 42-3-233(6), 42-3- 234(6)(a), 42-3-237(6), 42-3-238(2)(a), 42-3-239(2)(a), 42-3-240(2)(a), 42-3-241(2)(a), 42-3-242(2)(a), 42-3-243(2)(a), 42-3-244(2)(a), 42-3-245(2)(a), 42-3-246(2)(a) and 42-3-247(2)(a), C.R.S. PURPOSE: The purpose of this regulation is to establish a process to retire Group Special License Plates, Optional License Plates, and Alumni License Plates.
1.1 “Issued” – means a defined license plate has been assigned to a vehicle that is registered or the registration is within the one-month grace period provided in 42-3-114, C.R.S.
1.2 “Retirement” – for the purpose of this regulation means the discontinuation of the production and issuance of the Group Special, Optional, or Alumni license plate.
1.3 “Sponsoring Organization” – means the group applying for creation of the Group Special License Plate, or the alumni association applying for creation of the Alumni License Plate.
2.0 Requirements
2.1 A Group Special License Plate, Optional License Plate, or Alumni License Plate is subject to retirement if the minimum number of license plates, based on the date established in the respective statute for the special plate, have not been issued.
2.2 A Group Special License Plate may be retired based on adverse audit findings as a result of an audit performed pursuant to 1 CCR 204-140 Rule 16. Group Special License Plate paragraph 3.10.
3.0 Process
3.1 Annually, the Department will perform a statewide query for license plates scheduled to be evaluated for retirement to determine the total number of license plates issued under each respective statute.
3.2 If the query result indicates that the license plate has been issued to the minimum number of vehicles specified by statute, no further action is required.
3.3 If the query result indicates that the license plate has not been issued to the minimum number of vehicles required by statute, the plate is subject to retirement and the process below will be followed.
A. A complete list of vehicles registered with the license plate identified for retirement will be generated to identify the license plate number, county of residence, name and address of all registered owners.
B. At the time the above list is generated, registration and plating systems will be programmed to prohibit new manufacturing, shipping, issuing, or replacement of the plate.
C. The Department will not refund membership fees and/or donations collected by the sponsoring organization, nor apply them as a credit toward the registration fees charged for new or replacement license plates.
3.4 Sponsoring organizations may verify the number of Group Special, Optional, or Alumni license plates issued by accessing the monthly report posted to the Departments’ website.
3.5 Sponsoring organizations may appeal the Department’s decision to retire a license plate by requesting a hearing, in writing, within thirty days of mailing of the notice of retirement. Written hearing requests shall be submitted to the Department of Revenue, Hearings Division, 1881 Pierce Street, Room #106, Lakewood, CO 80214.
RULE 21. MANUFACTURER LICENSE PLATES [Repealed eff. 06/14/2016] RULE 22. MANUFACTURER’S CERTIFICATE OF ORIGIN - REQUIREMENTS AND USE Basis: The statutory bases for this rule are 42-6-104 and 42-6-113, C.R.S. Purpose: The purpose of this rule is to define the requirements for a Manufacturer’s Certificate of Origin and its use to obtain a Colorado certificate of title.
1.1 “Bill of Sale” or “BOS” means a document furnished by a vehicle seller to the vehicle buyer specifying the items and containing the information required by 42-6-113, C.R.S. For the purposes of a Licensed Colorado Dealer, the bill of sale shall be on the Departments secure form DR 2173 Motor Vehicle Bill of Sale or DR 2407 Dealer’s Bill of Sale for a Motor Vehicle.
1.2 “Dealer” or “Licensed Colorado Dealer” means the same as defined in 42-6-102(2), C.R.S.
1.3 “Manufacturer” means the same as defined in 42-6-102(8), C.R.S.
1.4 “Manufacturer Representative” means the same as defined in 12-6-102(11.5) and 12+6-102(14), C.R.S.
1.5 “Manufacturer’s Certificate of Origin” or “MCO” means a secure document issued by a Manufacturer which establishes ownership of the New Vehicle or OHV prior to the New Vehicle or OHV being titled. MCO may be referred to by certain manufacturers as “Manufacturer’s Statement of Origin” or “MSO”, when referred to as MSO it shall have the same meaning as MCO.
1.6 “New Vehicle” means the same as defined in 42-6-102(11), C.R.S.
1.7 “Off-Highway Vehicle” or “OHV” means the same as defined in 42-6-102(11.5), C.R.S.
1.8 “Used Vehicle” means the same as defined in 42-6-102(22), C.R.S.
2.0 Manufacturer’s Certificate of Origin Standards and Requirements
2.1 A Manufacturer’s Certificate of Origin (MCO) shall adhere to the specification for printing standards published by the American Association of Motor Vehicle Administrators (AAMVA). The MCO shall contain the security features and standard requirements below:
a. Security Features
viii. Consecutively Numbered – documents that contain a control/serial number which is consecutively numbered for control purposes.
b. Document Size – shall be seven inches by eight inches.
c. Paper Stock – sixty 60 pound offset or equivalent durability.
d. Construction – unless otherwise specified by the Department, the forms should be constructed and fan folded for use on high-speed pin-fed computer printer and/or continuous typewriters.
e. Layout – test matter space of 1/10 inches horizontal and 1/16 inches deep characters 2.2 The MCO is required to convey ownership of a New Vehicle or OHV and must contain the information below utilizing the appropriate American National Standards Institute (ANSI) standards that provide the criteria for character set and print quality for optical character recognition. Information printed, if required, shall use the National Crime Information Center (NCIC) codes and abbreviations published in the NCIC Codes Manual.
a. Date the MCO was issued;
b. Invoice number indicating ownership transferred from the manufacturer;
c. The New Vehicle’s or OHV’s;
viii. Number of cylinders;
2.3 The MCO must contain the clauses below:
a. A clause that certifies that the New Vehicle or OHV as described on the MCO is the property of the Manufacturer identified and the date it has been transferred to the distributor or Dealer as identified on the face of the MCO.
b. A clause that certifies that the MCO represents that this was the first transfer to the distributor or Dealer of the New Vehicle or OHV described on the MCO in ordinary trade and commerce. A Manufacturer’s Representative for the Manufacturer must sign acknowledging this clause.
2.4 The Dealer shall provide secure printing and storage facilities for MCO and BOS in the Dealer’s possession.
3.0 New Vehicle Title Requirements
3.1 The MCO shall be duly transferred from the last Dealer who had possession of the New Vehicle or OHV to the purchaser or transferee. All transfer assignments on the MCO shall include disclosure of the odometer reading, if required, at the time of sale or transfer of the New Vehicle or OHV. A Dealer who has had the New Vehicle or OHV in their possession subsequent to the Manufacturer must complete the assignment on the back of the MSO.
3.2 Upon the sale or transfer of a New Vehicle or OHV by the last Dealer who had possession of the New Vehicle or OHV, the last Dealer shall make, execute, and deliver to the purchaser or transferee a sufficient Bill of Sale (BOS) and MCO specific to the New Vehicle or OHV that was sold or transferred. For the purposes of this Rule 22, “sufficient” means a fully completed BOS.
3.3 The Dealer shall, within the time limits required in 42-6-112, C.R.S., facilitate the delivery of the MCO together with the BOS and other documents required by Article 6 of Title 42 to the County Clerk and Recorder of the county where the purchaser or transferee is a resident, pursuant to 42- 6-134 and 42-6-139, C.R.S.
3.4 If a Dealer that sells or transfers a New Vehicle or OHV fails to provide a MCO for the New Vehicle or OHV, the purchaser or transferee must bond for the title pursuant to 42-6-115, C.R.S., and Code of Colorado Regulations 1 CCR 204-10 Rule 19. Bonding for Colorado Certificate of Title, before a title can be issued.
4.0 Imported New Vehicle or OHV
4.1 An application for a Colorado certificate of title for a New Vehicle or OHV imported into the United States (U.S.) through legal means with a foreign MCO must include the following documents in order to establish ownership and prove compliance with the Environmental Protection Agency (EPA), Department of Transportation (DOT), and Department of Homeland Security U.S. Customs and Border Protection (CBP) import vehicle requirements. The foreign MCO and other documents must be translated into English.
a. U.S. DOT certification that the New Vehicle or OHV meets all safety standards required in the United States.
b. Application for Final Admission of Non-Conforming Imported Vehicle or Engine issued by the EPA with the resulting EPA issued Certificate of Conformity.
c. Entry Summary issued by the CBP and the Release of Bond Letter.
d. BOS or invoice from the New Vehicle or OHV importer to the Dealer.
e. Completed Department BOS with the applicants’ disclosure of the New Vehicle or OHV mileage. Pursuant to Federal Odometer Law 49 CFR 580.5 the odometer indicator will be “Actual”. If the New Vehicle or OHV is inoperable or the odometer reading is unknown the odometer indicator will be “Not Actual”.
f. Completed Department form DR 2698 Verification of the Vehicle Identification Number.
4.2 An application for a Colorado certificate of title for a New Vehicle or OHV imported into the U.S. through legal means that does not have a foreign MCO or foreign country title must include the documents identified above in paragraph 4.1 and the applicant must bond for a Colorado certificate of title pursuant to 42-6-115, C.R.S., and Code of Colorado Regulations 1 CCR 204-10 Rule 19. Bonding for Colorado Certificate of Title.
RULE 23. SPECIAL MOBILE MACHINERY RENTALS Basis: The statutory bases for this regulation are 42-1-204 and 42-3-107(16), C.R.S. Purpose: The purpose of this regulation is to provide guidelines, clarify documents required, and provide processes to SMM owners for the collection of specific ownership tax for special mobile machinery that is rented or leased.
1.1 “2% Rental Specific Ownership Tax (SOT)” means the SMM owner elected alternate method for payment of special mobile machinery (SMM) SOT.
1.2 “Commercial Fleet License Plate” means the Colorado red and white graphic license plate that contains the stacked letters “FLT”. Commercial Fleet license plates do not display validation year and month tabs.
1.3 “Department” means the Department of Revenue of this state acting directly or through its duly authorized officers and agents.
1.4 “DR 0160” means the document issued by the Department of Revenue Division of Taxation approving the collection of sales tax on rentals or leases for the SMM owner.
1.5 “DR 0440” means the form used to apply to the Department of Revenue Division of Taxation for approval to collect sales tax on rentals or leases.
1.6 “DR 2091” means the required authorization request provided to the County Motor Vehicle office for the SMM owner to participate in the SMM 2% Rental program.
1.7 “DR 2428” means the form requesting participation, and upon execution, authorization to participate in the SMM 2% Rental Fleet program. Upon approval the DR 2428 shall have the SMM owners’ assigned fleet number placed upon it.
1.8 “DR 2671” means the required SMM Rental Equipment Monthly Tab Report. The DR 2671 serves as the SMM owners’ remittance form for SMM participating in the SMM 2% Rental program and the SMM 2% Rental Fleet program.
1.9 “DR 2689” means the application completed by the SMM owner to provide information required to title, register, or perform a suspended title transaction by the County Motor Vehicle office.
1.10 “Lease” for the purpose of this regulation means the granting of use to operate SMM under an agreement with the SMM owner.
1.11 “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.
1.12 “New Special Mobile Machinery (SMM)” means SMM that has not been previously titled or registered to the current SMM owner in the State of Colorado.
1.13 “Operate” means to pull, haul, or drive SMM over the highways or the use of SMM for its intended purpose (e.g., digging ditches, road repairs etc.).
1.14 “Owner” for the purpose of this regulation means an equipment dealer regularly engaged in the sale or rental of special mobile machinery and who rents or leases such equipment to another person in which the owner has not held an interest for at least thirty days.
1.15 “Registration Period Certificate” means the DR 2428 form completed and executed by the Colorado Department of Revenue, Division of Motor Vehicles, Title and Registration Sections.
1.16 “Rental” for the purpose of this regulation means the granting of use to operate SMM under an agreement with the SMM owner.
1.17 “Registered” means the SMM has been issued a number plate(s), validating tab or sticker, certificates, or identifying decal or a combination of number plate(s), validating tab or sticker, certificates, or identifying decal as determined by the Department evidencing the annual SMM requirements have been met pursuant to section 3 of title 42 of the Colorado Revised Statutes.
1.18 “SMM License Plate” means the Colorado green and white graphic license plate that contains the stacked letters “SMM”. SMM license plates shall display validation year and month tabs.
1.19 “Special Mobile Machinery (SMM)” means machinery that is pulled, hauled, or driven over a highway and is either:
a. A vehicle or equipment that is not designed primarily for the transportation of persons or cargo over the public highways; or b. 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.
c. SMM includes vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.
1.20 “Specific Ownership Tax (SOT)” means the annual tax, in lieu of ad valorem taxes, imposed on personal property by section 6 of article X of the State Constitution.
2.0 SMM 2% Rental Programs
a. A SMM owner who meets all of the statutory and regulatory requirements for participation in the SMM 2% rental program may elect to participate in the SMM 2% Rental program. A SMM owner who meets the statutory and regulatory requirements for both the SMM 2% Rental program and the SMM 2% Rental Fleet program may elect to participate in either program, but shall not be required to participate in either program.
b. SMM 2% Rental Program Eligibility
c. SMM 2% Rental Fleet Program Eligibility
2.1 A SMM owner qualifying and electing to participate in either the SMM 2% Rental program or the SMM 2% Rental Fleet program must meet all the requirements for that program in section 3.0 of this regulation before payment of SOT under 42-3-107(16), C.R.S., is granted.
3.0 SMM Rental Programs Participation and Processes
3.1 SMM 2% Rental program participation and registration shall be completed as listed below:
a. The SMM owner shall submit the DR 0440 form to the Colorado Department of Revenue Division of Taxation. Upon approval and receipt of the DR 0160, the SMM owner shall attached the DR 0160 to the DR 2091 and complete the processes below.
b. The SMM owner shall apply to the County Motor Vehicle office in the county where the SMM owners principal place of business is located by submitting a DR 2091 form with DR 0160 attached.
c. Upon county approval to participate in the SMM 2% Rental program the County Motor Vehicle office shall provide instructions for reporting and submitting of SOT for SMM to the SMM owner. The SMM owner shall be required to furnish the County Motor Vehicle office with a list of all SMM that the SMM owner has elected to place into the SMM 2% Rental program with supporting ownership documents.
d. A SMM rental identifying decal shall be issued to SMM that is registered and participating in the SMM 2% Rental program. The SMM rental identifying decal shall expire concurrently with the registration of the SMM. The SMM rental identifying decal shall only denote participation in the SMM 2% Rental program and shall not be evidence of registration, or permit operation of, the SMM. Evidence of registration of the SMM shall be completed by the issuance of, and affixing to the SMM the below:
e. The County Motor Vehicle office will issue an SMM Rental identifying decal and SMM license plate or SMM ownership identifying decal for each item of SMM placed into the SMM 2% Rental program by the SMM owner. The SMM rental identifying decal shall be hole punched in the appropriate areas to indicate the month and year of expiration. The SMM rental identifying decal shall be valid in every Colorado County where the SMM is operated.
f. The SMM rental identifying decal shall be affixed to each item of SMM in a clearly visible location.
g. The SMM owner shall collect the 2% SOT upon the rental or lease of the SMM from the person or entity that is renting or leasing the SMM. The SMM owner shall remit the 2% SOT collected to the County Motor Vehicle office.
h. No later than the twentieth day of each month the SMM owner must submit the DR 2671 together with taxes collected for the preceding month to each county where the SMM was being operated and to the county where the SMM is registered in for the month or portion of the month the DR 2671 is being reported.
i. The SMM owner shall include on the DR 2671 all SMM with assigned SMM rental identifying decal that were not rented or leased during the reporting period.
j. The SMM owner shall include on the DR 2671 any SMM authorized to participate in the SMM 2% Rental program that were sold, and indicate the name and address, if the address is available, of the purchaser. The SMM owner shall remove the SMM rental identifying decal, SMM ownership identifying decal, and SMM license plate upon delivery of the SMM to the purchaser.
k. The DR 2671 shall be submitted to the County Motor Vehicle office that issued the SMM rental identifying decal, and to each County Motor Vehicle office for which the DR 2671 reflects the SMM being operated in during that monthly reporting period.
l. No later than the twentieth day of each month the SMM owner must submit the DR 0100 Colorado Retail Sales Tax Return simultaneously with a copy of the DR 2671 to the Colorado Department of Revenue Division of Taxation following the instructions on the DR 0100 for submittal requirements.
m. No credit, reimbursement or refund shall be granted for payment of 2% Rental SOT.
n. Failure to submit the DR 2671 in a period of sixty days shall be grounds for the termination of such SMM owners’ right to participate in the SMM 2% Rental program. If the SMM owner fails to remit SOT received from a renter or lessee during such sixty-day period the county may collect such delinquent taxes in the manner authorized in 42-3- 107(21), C.R.S.
3.2 SMM 2% Rental Fleet program participation and registration shall be completed as listed below:
a. A SMM owner that meets the requirements and elects to participate in the SMM 2% Rental Fleet program must first be approved to participate in the SMM 2% Rental program as detailed above in section 3.1 of this regulation.
b. A SMM owner that meets the requirements and elects to participate in the SMM 2% Rental Fleet program shall apply to the Title and Registration Sections, Division of Motor Vehicles, Department of Revenue using the DR 2428 form for assignment of a fleet number.
c. SMM registered in the SMM 2% Rental Fleet program must be titled and registered in the SMM owners name as declared on the DR 2428.
d. The SMM owner must declare one common expiration month, and alternate expiration months, during which the registrations for all SMM registered in the SMM owner SMM 2% Rental Fleet registrations will expire. The county in which the SMM will be registered shall be permitted to elect, from the months declared by the SMM owner, the month during which SMM registrations expire.
e. SMM 2% Rental Fleet program registration.
3.3 Ownership of SMM shall be established by submitting the document required in Code of Colorado Regulation 1 CCR 204-10 Rule 18. Acceptable Evidence of Vehicle Proof of Ownership.
a. A SMM owner that is unable to provide acceptable evidence of vehicle proof of ownership should be permitted to register the SMM by completing a suspended title transaction with the County Motor Vehicle office. The SMM owner shall complete and provide to the County Motor Vehicle Office the DR 2689 form prior to the suspended title transaction being performed. The suspended title transaction shall permit registration and operation of the SMM, but shall not issue a Colorado Certificate of Title to the SMM owner until such time the SMM owner provides acceptable evidence of vehicle proof of ownership. The suspended title transaction shall be completed using the DR 2689. Additional documents, forms, or a VIN verification shall not be required.
b. Upon successful completion of the suspended title transaction the County Motor Vehicle Office shall register the SMM and issue to the SMM owner a registration receipt and identifying decals and/or license plates.
RULE 24. PERSONS WITH DISABILITIES PARKING PRIVILEGES PLACARD FEE [Repealed eff. 03/17/2015] RULE 25. PERSONS WITH DISABILITIES PARKING PRIVILEGES Basis: The statutory bases for this regulation are 42-1-204 and 42-3-204, C.R.S. Purpose: The following rule is promulgated to clarify that an application and renewal form created pursuant to section 42-3-204, C.R.S., is required for the issuance, renewal, and replacement of a person with disabilities parking privileges license plate and/or placard.
1.0 Form Required
1.1 A person applying for the issuance, renewal, or replacement of a persons with disabilities parking privileges license plate and/or placard shall file with the Department a current form DR 2219 Parking Privileges Application.
RULE 26. PHYSICAL INSPECTION OF MOTOR VEHICLES Basis: The statutory bases for this regulation are 42-1-204, 42-3-105(1)(c)(I), and 42-6-107(1)(b), C.R.S. Purpose: The purpose of this regulation is to establish criteria for the performance of physical inspections on motor vehicles.
1.1 “Department” means the Colorado Department of Revenue, Title and Registration Sections.
1.2 “Inspection and Physical Inspection” means the physical verification of the vehicles:
a. Vehicle identification number or numbers; and, b. Make; and, c. Model; and, d. Type of vehicle; and, e. Year of manufacturer; and, f. Primary body color; and, g. Type of fuel used by the vehicle; and, h. Odometer reading; and, i. Other information required by the Department.
1.3 “Manufacturer’s Certificate of Origin” means the document provided by the manufacturer which sets forth the manufacturer’s vehicle description and 17 digit vehicle identification number and chain of ownership. This document must accompany the first retail customer’s title application to establish a Colorado Certificate of Title.
1.4 “Motor Vehicle” means any self-propelled vehicle that is designed primarily for travel on the public highways and is generally and commonly used to transport persons and property over the public highways, including trailers, semitrailers, and trailer coaches, without motive power. “Motor vehicle” does not include the following:
a. A low-power scooter, as defined in section 42-1-102, C.R.S.; or, b. A vehicle that operates only upon rails or tracks laid in place on the ground or that travels through the air or that derives its motive power from overhead electric lines; or, c. A farm tractor, farm trailer, and any other machines and tools used in the production, harvesting, and care of farm products; or, d. Special mobile machinery or industrial machinery not designed primarily for highway transportation.
1.5 “Vehicle” means any motor vehicle as defined in 42-6-102(10), C.R.S.
2.0 Requirements
2.1 Vehicles required to be titled or registered in Colorado shall be required to provide proof of vehicle inspection prior to issuance of a Colorado certificate of title and/or registration pursuant to C.R.S 42-6-119 (4) if:
a. The vehicle was previously titled and/or registered in another state or country; or, b. The vehicle has a Manufacturer’s Certificate of Origin assigned to an out-of-state dealer.
2.2 Inspections shall be completed on forms approved by the Department.
2.3 Inspection of vehicles shall be completed by:
a. Colorado law enforcement officers; or, b. Licensed new or used Colorado motor vehicle dealer; or, c. Licensed Colorado inspection and readjustment station; or d. Licensed Colorado diesel inspection station; or, e. Colorado County Clerk and Recorder or their designated employee; or, f. Any other vehicle related entity designated by the Department.
1.1 “Department” for the purpose of this regulation means the Department of Revenue, Division of Motor Vehicles, Title and Registration Sections.
1.2 “Donated” means a gift, free of charge.
1.3 “Government Agency” means an entity of the state, local, county, municipal, or special district as defined in Titles 24, 29, 30, 31 and 32 of the Colorado Revised Statutes or that may be designated at tax exempt pursuant to the Department of Revenue, Division of Taxation Publication FYI Sales 63 Government Purchases Exemptions document.
1.4 “Government License Plate” means the permanent license plate that has stacked “GVT” lettering on the Colorado green and white graphic license plate. The Government License Plate may be issued as a single license plate or a set of license plates.
1.5 “Leased” means a vehicle that is subject to the terms of a lease agreement with corresponding payments.
1.6 “Loaned” means a vehicle that will be returned to the original owner and no transfer of ownership will take place.
1.7 “Motorcycle Regular License Plate” means the permanent Colorado green and white graphic license plate manufactured smaller than regular license plates to allow mounting on to motorcycles.
2.0 General Requirements
2.1 All vehicles owned by a Government Agency shall be titled, and for those which are required to be registered, shall be titled and registered pursuant to Title 42, C.R.S., and this regulation.
a. An entity may seek a determination that it qualifies as a Government Agency as follows:
2.2 Title and registration transactions on vehicles owned by a Government Agency, unless exempted from registration pursuant to 42-3-104(3), C.R.S., shall be completed by:
a. The Department for vehicles owned by the State of Colorado.
b. The County Motor Vehicle office for the county, or the city and county, when a vehicle is owned by a county or a city and county.
c. The County Motor Vehicle office of the county in which a local, municipal or special district is located when a vehicle is owned by a local, municipal, or special district.
2.3 Vehicles owned by the United States government are not subject to registration requirements pursuant to 42-3-104(3)(a), C.R.S. If a United States government agency elects to obtain a State of Colorado title and registration they shall meet all titling and registration requirements in Title 42, C.R.S., prior to titling and registering their vehicles. Title and registration transactions shall be performed by the Department.
2.4 Vehicles owned by a foreign government or a consul or other official representative of a foreign government duly recognized by the Department of State of the United States government are not subject to this regulation and shall be titled pursuant to Article 6 of Title 42, C.R.S., and this regulation and registered pursuant to 42-3-304(3)(b), C.R.S.
2.5 Vehicles specifically exempted from registration in 42-3-104(3), C.R.S., shall not be required to be registered by a Government Agency. The vehicles shall be titled pursuant to Article 6 of Title 42, C.R.S., and this regulation. If a Government Agency chooses to register vehicles exempted from registration in 42-3-104(3), C.R.S., then all registration requirements in Article 3 of Title 42, C.R.S., and this regulation apply..
2.6 Unless statutorily exempt, a Government Agency shall pay all registration fees and taxes in Title 42, C.R.S. for vehicles owned by them.
2.7 A Government Agency that enters into agreements with a non-Government Agency (e.g., road maintenance contractors) may not grant or transfer their Government Agency title and registration entitlements to the non-Government Agency owned vehicles. This includes, but may not be limited to, exemptions of taxes and fees and use of Government License Plates.
3.0 Titling
3.1 All vehicles owned by a Government Agency and requiring titles shall be titled pursuant to Article 6 of Title 42, C.R.S., and this regulation.
3.2 All titling requirements must be met prior to issuance of a State of Colorado certificate of title.
3.3 The name and address placed on the certificate of title for vehicles owned by a Government Agency shall be as listed below. The Department may waive the name and address requirements on a case by case basis. To request a waiver, the Government Agency must submit a written request for waiver to the Department:
a. Vehicles owned by the State of Colorado
b. Vehicles owned by counties or city and county
c. Vehicles owned by local, municipal, or special districts
3.4 If a Government Agency’s vehicles are titled with a different name or address then as listed in paragraph 3.3 above prior to the effective date of this regulation, then a Government Agency has the discretion whether or not to change the vehicles title name and/or address. If a Government Agency elects to change the vehicles title name and/or address, they must pay all applicable fees in Article 6 of Title 42, C.R.S.
4.0 Registration and License Plates
4.1 All vehicles owned by a Government Agency, and which are required to be registered, shall be registered pursuant to Article 3 of Title 42, C.R.S., and this regulation.
4.2 Proof of emissions compliance shall be required pursuant to Part 3 and Part 4, Article 4 of Title 42, C.R.S., for each Government Agency owned vehicle registered in an emissions program area.
a. The legal address where the vehicle is principally operated or permanently maintained shall determine if the vehicle is registered in an emissions program area.
4.3 Government Agency owned vehicles shall be issued, and be required to display, the Government License Plate.
a. A Government Agency may elect to be issued a non-Government License Plate. If the Government Agency elects to be issued a non-Government License Plate, then the Government Agency is no longer exempt from payment of taxes and fees, and must pay all statutorily required taxes and fees. The Government Agency, and the vehicle they are plating, must meet all requirements for issuance of a non-Government License Plate including, but not limited to: vehicle type qualifications (e.g., special mobile machinery); pre-qualifications (e.g., donations to the license plate non-profit sponsor); and, vehicle weight restrictions (e.g., tractor/trailer). If a month validation tab or sticker is issued for the elected license plate, then the Government Agency must affix the tab or sticker to the license plate pursuant to 42-3-202(1)(b), C.R.S.
b. Motorcycles owned by a Government Agency shall be issued a Motorcycle Regular License Plate. A Motorcycle Regular License Plate issued to a Government Agency owned motorcycle shall not be required to be issued or display year and month validation tabs.
c. Vehicles owed by the Colorado State Patrol shall not be required to be issued or display the Government License Plate or Motorcycle Regular License Plate. Colorado State Patrol vehicles may be issued and display Colorado State Patrol license plates pursuant to Code of Colorado Regulations 1 CCR 204-10 Rule 6. Colorado State Patrol License Plates.
4.4 Government License Plates shall not be issued or be required to display year and month validation tabs.
4.5 A Government Agency shall renew its vehicle registration(s) annually.
5.0 Donated, Loaned or Leased Vehicles
5.1 Vehicles donated to a Government Agency shall be titled and registered, unless exempted from registration pursuant to 42-3-104(3), C.R.S., as listed below:
a. The dealer donating a vehicle must apply for a new title through the County Motor Vehicle office in the dealership’s name.
b. The dealer must pay title fees for the new title, and sales tax. A copy of forms DR 0100A Retail Sales Tax Return for Occasional Sales and DR 0025 Statement of Sales Taxes Paid on Loaner Motor Vehicles will be accepted as proof of sales tax paid.
c. The dealer shall assign the new title over to the Government Agency to which the vehicle is donated. The purchase price on the assigned title must state “Donated” and be entered into the Colorado State Title and Registration System as “0”.
d. The Government Agency shall apply for a certificate of title, registration, and Government License Plate through the Department.
e. Unless statutorily exempt, the Government Agency shall pay the registration fees and taxes for the donated vehicle.
f. The Government Agency shall provide proof of emissions compliance pursuant to Part 3 and Part 4, Article 4 of Title 42, C.R.S., for each vehicle donated to the Government Agency that is being registered in an emissions program area.
5.2 Vehicles loaned to a Government Agency shall be titled and registered, unless exempted from registration pursuant to 42-3-104(3), C.R.S., as listed below:
a. If a vehicle is loaned to a Government Agency for over 30-days and the Government Agency elects to be issued and display Government License Plates on the vehicle then:
b. If a vehicle is loaned to a Government Agency for over 30-days and the Government Agency elects to be issued and display non-Government License Plates on the vehicle:
5.3 Vehicles leased to a Government Agency shall be titled and registered as listed below:
a. If the Government Agency requests to be exempt from registration fees and taxes, the lease agreement must be submitted to the Department for approval prior to the vehicle being titled and registered pursuant to 42-3-104(2) and 42-3-304(3)(c) C.R.S.
b. The lessor must apply for a new title in the lessor’s name through the County Motor Vehicle office and the Government Agency must be listed as the lessee.
c. The Government Agency may apply for Government License Plates through the Department or apply for non-Government License Plates at the County Motor Vehicle office.
d. Unless statutorily exempt, the Government Agency shall pay the title and registration fees and taxes required.
e. The Government Agency shall provide proof of emissions compliance pursuant to Part 3 and Part 4, Article 4 of Title 42, C.R.S., for each vehicle leased to the Government Agency that is being registered in an emissions program area. RULE 29. RESERVING PERSONALIZED LICENSE PLATES [Repealed eff. 06/14/2015] RULE 30. RULES AND REGULATIONS CONCERNING THE PAYMENT OF SPECIFIC OWNERSHIP TAXES ON VEHICLES DESIGNATED AS CLASS B OR CLASS C PERSONAL PROPERTY WHICH ARE RENTED TO OTHERS Basis: The statutory bases for this regulation are 42-1-204, 42-3-107(11) and 42-3-107 (12) CRS. Definitions 1. Owner - Any person, firm, corporation, or other business entity who owns vehicles which are based in Colorado for rental purposes and whose primary business is the rental of such vehicles for periods of less than forty-five days, including renewals. Requirements of Vehicle Rental Companies 1. Only vehicles rented for periods of less than forty-five (45) days may pay specific ownership tax by the 2% payment method. Lease vehicles may not be included in this program.
2. The owner shall submit the completed forms for Authorization Request and the Permit to Collect Sales Tax on a Rental or Lease Basis, to the authorized agent in the county where the vehicles are rented.
3. The Authorization Request shall include the name of the vehicle owner and the name of the rental company if they are different. The name of the rental company shown on the Authorization Request must be the same as it appears on the form, Permit to Collect Sales Tax.
4. The owner shall renew the Authorization Request annually. Failure to renew the Authorization Request annually will result in the cancellation of the owner's right to pay specific ownership tax by this method. Cancellation will require specific ownership tax to be paid by the regular procedure as defined in 42-3-107 (8) & (10).
5. The owner, upon receiving authorization approval from the County Motor Vehicle Office, shall collect from the user of a rental vehicle the specific ownership tax in an amount equivalent to 2% of the amount of the rental payment, or portion thereof, which is subject to the imposition of sales tax pursuant to the provisions of Part 1 of Article 26 of Title 39, C.R.S. Such specific ownership tax shall be collected on all vehicles owned by the owner which are rented from a place of business in Colorado.
6. Any owner collecting ownership tax using the 2% method shall title and register vehicles in the county where the vehicles are initially assigned for rental.
7. The owner shall, no later than the twentieth (20th) day of each month, submit the Monthly Vehicle Rental Report, together with the remittance of all taxes collected for the preceding month, to the County Motor Vehicle Office in the county where the vehicles are rented. In addition, the owner shall submit a copy of the Monthly Vehicle Rental Report and the Combined Retail Sales Tax Return, to the Colorado Department of Revenue, Taxpayer Service Division, 1375 Sherman St., Denver, CO 80261.
8. The owner shall indicate monthly on the Monthly Vehicle Rental Report, all rental vehicles of the owner, rented from a place of business in Colorado, regardless of whether those vehicles were rented during the preceding month.
9. The owner shall report monthly, all vehicles that were sold, either by them or through consignment to an auction company, and indicate name and address of purchaser.
10. No credit shall be allowed for 2% specific ownership taxes previously submitted.
11. If the owner is found to have failed to remit the specific ownership taxes within the established time frames, or to comply with these rules and regulations, the County Clerk shall cancel the owner's right to collect taxes in this manner as defined in 42-3-107 (11) (d), and may collect delinquent taxes as defined in 42-3-107 (20).
12. In addition, failure by the owner to pay taxes as required by law may also subject the owner to a penalty as required in C.R.S. 42-3-111.
13. Any owner that is cancelled from this program may no longer pay ownership taxes by the 2% method anywhere in Colorado and will be required to pay specific ownership taxes by the regular procedure as defined in 42-3-107 (8) & (10).
RULE 31. SALVAGE AND REBUILT FROM SALVAGE CERTIFICATE OF TITLE REQUIREMENTS Basis: The statutory bases for this regulation are 38-20-116(2.5), 42-6-102 (10), (15), (16), (17), and (23), 42-6-104, 42-6-110, 42-6-116 and 42-6-136.5, and 42-6-206, C.R.S. Purpose: The following rule is promulgated to establish the information required to be submitted to the Department regarding salvage vehicles in connection with an application for a salvage certificate of title.
1.1 “Rebuilt From Salvage” means a salvage vehicle as defined in section 42-6-102(17), C.R.S., that has been repaired to a roadworthy condition as defined in section 42-6-102(15), C.R.S.
1.2 “Rebuilt From Salvage Certificate of Title” means a Colorado Certificate of Title that contains the designation “Rebuilt from Salvage” in a conspicuous place on the title in accordance with section 42-6-136.5(2)(a), C.R.S.
1.3 “Repair Shop” means a “motor vehicle repair facility” as defined in section 42-9-102(3), C.R.S.
2.0 Salvage Vehicle Determination
2.1 A vehicle is determined to be a salvage vehicle as set forth in section 42-6-102 (17)(a)(I)(C), C.R.S.
3.0 Salvage Title Requirements
3.1 Applicants for a salvage certificate of title may apply to the director or one of the authorized agents, as defined in section 42-6-102(1.5) and (4), C.R.S., using Form DR 2410 Application for Salvage or Nonrepairable Title.
a. The application includes the estimated cost of repairs to restore the vehicle to a roadworthy condition pursuant to section 42-6-102(17)(a)(I)(C), C.R.S.
3.2 Purchasers or transferees of a salvage vehicle, other than transactions that are not subject to taxation pursuant to section 39-26-104, C.R.S., must apply for title pursuant to section 42-6-110, C.R.S.
a. If an insurance company acquires a vehicle that has been declared a salvage vehicle, as defined in section 42-6-102(17), C.R.S., the insurance company must apply for a salvage certificate of title before transferring ownership of the vehicle.
b. If the owner retains a vehicle upon settlement of a claim with an insurance company and the vehicle has been declared a salvage vehicle, as defined in section 42-6-102(17), C.R.S., the owner must apply for a salvage certificate of title in the owner's name within sixty days.
c. A Repair Shop may apply for a salvage certificate of title for an abandoned motor vehicle as defined in section 38-20-116(2.5), C.R.S., that also qualifies as a salvage vehicle if the retail fair market value of the vehicle is greater than two hundred dollars.
4.0 Rebuilt from Salvage Title Requirements
4.1 Applicants for a rebuilt from salvage certificate of title shall follow the Form DR 2415 Title Established by Salvage Title Checklist and submit all required documentation listed on that form. RULE 32. SPECIAL LICENSE PLATE SURCHARGE Basis: This regulation is promulgated under the authority of §42-1-204 and §42-3-312 C.R.S. Purpose: The following rule and regulation is promulgated to clarify transaction types requiring the collection of the special license plate surcharge.
1.1 “Issuance” means providing a license plate when, registering a new license plate to a motor vehicle, conducting a license plate replacement transaction, conducting a personalized license plate reissuance or personalized license plate conversion transaction.
1.2 “License plate replacement” means the issuance of a new license plate due to damage, theft or loss of one or both of the license plates registered to the vehicle.
1.3 “Personalized license plate reissuance” means the issuance of a new personalized license plate that is a duplicate of the original.
1.4 “Personalized license plate conversion” means the issuance of a new personalized license plate to meet the request of the registered owner to transfer the unique, personalized configuration to a different plate type.
2.0 Requirements
2.1 The issuance fee created in §42-3-312 C.R.S. shall be collected for all transactions included in the definition of issuance for the plates types specified in §42-3-312 C.R.S. RULE 33. SPECIAL USE TRUCKS Basis: This regulation is promulgated under the authority of 42-1-102(108), 42-1-204, 42-3- 305(5)(c), 42-3-305(9)(d), (f), (g) & (h), 42-3-306(5)(c) and 42-3-306(9)(d), (f), (g) & (h) C.R.S. Purpose: The following rules and regulations are promulgated to designate vehicles as special use trucks for the purpose of vehicle registration.
1.1 “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.
1.2 “Department” means the Department of Revenue, Division of Motor Vehicles.
2.0 Requirements
2.1 The following single vehicle types, utilized for their designed special purpose, are designated as Special Use Trucks by the executive director of the department.
a. Mobile mixing concrete trucks b. Trash compactors c. Roll-off trash trucks d. Trucks used specifically to haul only recyclable materials e. Roll-off trucks used specifically to haul only recyclable materials f. Trucks used specifically to pump concrete, commercially known as “concrete pumpers” g. Beverage canister and delivery trucks with roll-up sides h. Vehicles specially constructed for towing, wrecking, and repairing that is not otherwise used for transporting cargo i. Operator-owned vehicles transporting racehorses that are operator-owned, to and from the stud or to and from a racing meet in Colorado j. Veterinary mobile unit trucks k. Mobile blood donation/collection vehicles l. Mobile medical testing and screen vehicles 2.2 These trucks will be registered and the appropriate registration fees collected pursuant to 42-3- 305(5)(c) and 42-3-306(5)(c) C.R.S.
RULE 34. DEALER ISSUED TEMPORARY REGISTRATION PERMITS Basis: The statutory bases for this rule are 24-72.1-102, 42-1-204 and 42-3-203, C.R.S. Purpose: The following rule is promulgated to establish criteria for the issuance of Temporary Registration Permits by Licensed Colorado Motor Vehicle Dealers 1.1 “Licensed Colorado Motor Vehicle Dealer” or “Dealer” means the same as defined in section 42- 6-102(2), C.R.S.
1.2 “Mounting Boards” means the Department approved device that a printed Temporary Registration Permit is affixed to.
1.3 “Temporary Registration Permit” or “Temporary Registration Number Plate and Certificate” means the Department approved form that is printed when performing a Temporary Registration Permit Issuance transaction on the Approved Vendor System that when affixed to a Mounting Board and mounted to a vehicle provides evidence that the vehicle has been issued a temporary registration.
1.4 “Approved Vendor System” means the Department approved vendor hosted system provided to a Dealer for the performance of Temporary Registration Permit transactions.
1.5 “Secure and Verifiable Identification” or “SVID” means an identification document issued by a state or federal jurisdiction or recognized by the United States Government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies.
2.0 Requirements
2.1 Dealer issued Temporary Registration Permits must be processed and issued through the Approved Vendor System. A Dealer must register its dealership and each individual authorized user in the Approved Vendor System. A Dealer must not issue Temporary Registration Permits unless registered in the Approved Vendor System.
2.2 A Dealer whose license is inactive, suspended, or revoked must not issue Temporary Registration Permits.
2.3 A Temporary Registration Permit is only valid if issued through the Approved Vendor System and affixed to a Mounting Board.
2.4 Dealers must purchase Mounting Boards directly from a Department authorized Mounting Board vendor(s). A Dealer must only use Department approved Mounting Boards for affixing Temporary Registration Permits.
2.5 Upon the sale of a motor vehicle, the Dealer shall:
a. Perform the Temporary Registration Permit issuance transaction in the Approved Vendor System;
b. Print the Temporary Registration Permit generated by the Approved Vendor System;
c. Print the Colorado registration receipt generated by the Approved Vendor System ;
d. Affix the printed Temporary Registration Permit to a Mounting Board;
e. Affix the Mounting Board with the Temporary Registration Permit according to statute; and f. Provide the printed Colorado registration receipt to the purchaser.
2.6 A Dealer must verify the purchaser(s) SVID prior to the issuance of a Temporary Registration Permit.
2.7 If the Temporary Registration Permit and/or Mounting Board are damaged during issuance, the Dealer may issue a corrected Temporary Registration Permit through the Approved Vendor System. The Dealer must destroy the original Temporary Registration Permit and Mounting Board to render it unreadable and unusable.
2.8 A Temporary Registration Permit is valid for up to sixty (60) days from the date of sale/issuance. A Temporary Registration Permit cannot not expire on a Saturday, Sunday, or legal holiday. If the sixtieth day falls on a Saturday, Sunday, or legal holiday, the Temporary Registration Permit will expire on the first weekday prior to the Saturday, Sunday, or legal holiday.
2.9 A Temporary Registration Permit is not renewable, but when circumstances outlined in section 42-3-203(3)(d), C.R.S., are met, the Dealer may issue a second Temporary Registration Permit pursuant to the requirements in this rule.
2.10 A Dealer must not place hand written markings, stickers, items, decorations, decals, or other markings on the printed Temporary Registration Permit and/or Mounting Board. Mounting frames must not obstruct any portion of or otherwise render the Temporary Registration Permit unreadable pursuant to in section 42-3-202(2)(b), C.R.S.
2.11 A Dealer must not alter the printing of the Temporary Registration Permit by resizing it, rotating it, or by any other alteration. Altering the printing of the Temporary Registration Permit will render it invalid.
2.12 A Temporary Registration Permit must not be issued to vehicles sold as “Tow Away” or to vehicles that are not roadworthy. A Temporary Registration Permit must not be used to demonstrate, transport, or deliver vehicles.
2.13 Dealers must ensure that the Approved Vendor System is secure and accessible only by authorized users. Dealers must meet all training and system requirements to use the Approved Vendor System.
2.14 Dealers are required to select a payment plan with the Approved Vendor System vendor and must pay the vendor based on the payment plan selected. Dealers who fail to timely pay the vendor will be denied access to the Approved Vendor System.
2.15 Mounting Boards must be kept in a secure location. Dealers must file a police report with local law enforcement within twenty-four (24) hours of discovering that a Mounting Board(s) has been lost or stolen. A copy of the police report must be supplied to the Department.
2.16 All Mounting Boards must be surrendered immediately to the Department of Revenue, Enforcement Business Group, Auto Industry Division, when a Dealer’s license has been suspended or revoked.
2.17 After notice and hearing conducted pursuant to 24-4-104 and 24-4-105, C.R.S., a Dealer found to have violated this rule may have its privilege of issuing Temporary Registration Permits suspended or revoked.
RULE 35. TRANSPORTER LICENSE PLATES Basis: The statutory bases for this rule are 42-1-204, 42-3-116(1), and 42-3-304(7)(a), C.R.S. Purpose: The purpose of this rule is to establish criteria for the issuance, renewal, and to regulate the use of Transporter License Plates.
1.1 “Financial Institution” means a bank, savings bank, savings and loan association, industrial bank, industrial loan company, credit union, or bank or savings association holding company organized under federal law or the laws of any state, the District of Columbia, a territory or protectorate of the United States, or an operating subsidiary or affiliate of such entities.
1.2 “Repair Activity” means “Repairs on a Motor Vehicle” or “Repairs” as those terms are defined in 42-9-102(5), C.R.S.
1.3 “Repair Facility” means “Motor Vehicle Repair Facility” as that term is defined in 42-9-102(3), C.R.S.
1.4 “Transporter Tag(s)” or “Transporter License Plate(s)” means the numbered license plate issued by the Department on the Colorado blue and white license plate graphic with the stacked lettering “TRP”.
2.0 Issuance and Renewal Requirements
2.1 An applicant requesting a Transporter License Plate or renewal must submit to the Department:
a. A form DR 2222 Transporter Plate Application;
b. The documentation or other evidence identified in paragraphs 2.2 a. through 2.2 i. below proving that the applicant meets the requirement to be issued a Transporter License Plate; and c. The fees required in 42-3-301(1)(a) and 42-3-304(7)(a), C.R.S.
2.2 A Transporter License Plate will only be issued and renewed to:
a. A Dealer or auctioneer that provides a valid license issued by the Colorado Department of Revenue, Auto Industry Division.
b. A manufacturer that provides a valid license issued by the Colorado Department of Revenue, Auto Industry Division.
c. A Distributor, as defined in 12-6-102(5), C.R.S., that provides a valid license issued by the Colorado Department of Revenue, Auto Industry Division.
d. A Dealer of special mobile machinery that provides: (1) a valid Colorado Sales Tax License; and (2) a business license or other proof that the Dealer is engaged in the sale of special mobile machinery in the ordinary course of business.
e. A Government agency that is acting in the capacity of disposing, auctioning, or movement of vehicles previously owned by the Government.
f. A Repair Facility that provides a current executed written agreement proving that it is engaged in Repair Activity for a State of Colorado licensed dealer and a valid Colorado Sales Tax License.
g. A drive-away or tow-away transporter that provides: (1) a valid Colorado Sales Tax License; and, (2) a current executed written agreement proving that it is providing drive- away or tow-away services for a person listed in this subsection 2.2; or (3) other proof demonstrating that it is providing drive-away or tow-away services for a lawful purpose.
h. A Financial Institution that provides to the Department a copy of its certificate of charter or other documentation proving its authority to do business in the State of Colorado.
i. A repossessor that provides proof of a bond filed with and drawn in favor of the State of Colorado Attorney General pursuant to 4-9-629(b), C.R.S.
2.3 The Department will not mail or otherwise deliver a Transporter License Plate to an out of state address.
3.0 Lost or Stolen Transporter License Plate
3.1 A person who has been issued a Transporter License Plate shall report the loss or theft of a plate to local law enforcement and the Department within seventy-two (72) hours. A lost or stolen Transporter License Plate will be replaced upon receipt by the Department of a form DR 2283 Lost or Stolen License Plate/Permit Affidavit along with a filed police report. The fees required in 42-3-301(1)(a) and 42-3-304(7)(a), C.R.S., must be paid at the time of replacement.
4.0 Surrender of Transporter License Plate
4.1 If a person who has been issued a Transporter License Plate no longer meets the requirements in paragraph 2.2, that person shall surrender all Transporter License Plates to the Department within seventy-two (72) hours. The Department will not refund any portion of the fees paid for the Transporter License Plate(s).
5.0 Denial and Enforcement
5.1 Providing false information on an application may result in criminal charges pursuant to 18-8-503, C.R.S., and/or denial of the application and cancellation of the registration of all Transporter License Plate(s) issued to the person providing such false information.
5.2 Any violation of Title 42 pertaining to Transporter License Plates or this Rule may result in cancellation of the registration of the Transporter License Plate(s) issued to the person engaged in such violation.
6.0 Application Rejection or Loss of Transporter License Plates Appeals
6.1 Applicants who have been denied issuance or persons subject to loss of one or more Transporter License Plate(s) may request a hearing, in writing, within thirty days of receiving notice of the pending action. The request for hearing shall be submitted to the Department of Revenue, Hearings Division. If a hearing is not requested, within thirty days, the Transporter License Plate(s) in question may be suspended. If so, the plate shall be surrendered to the Department of Revenue, Division of Motor Vehicles, Title and Registration Section within ten days of the date of notice of the suspension at the cost of person/business subject to the loss.
6.2 The hearing shall be held at the Department of Revenue, Hearings Division. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The law enforcement officer or Department Investigator who submits the documents and affidavit related to the action in question need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the person/business subject to the loss at the time the written request for hearing is submitted. If the law enforcement officer or investigator is not present at the hearing, the hearing officer may use the written documents and affidavit submitted by the officer or investigator.
RULE 36. AUCTIONED REGISTRATION NUMBERS Basis: The statutory bases for this regulation are 42-1-204 title 42, article 1, part 4, 42-3-201, 42-3-202, 42-3-203 and 42-3-211, C.R.S.
Purpose: The following rules and regulations are promulgated to establish requirements for reserving registration numbers requested by the License Plate Auction Group (LPAG), for placing auctioned registration numbers on license plates, and registering license plates with auctioned registration numbers to vehicles.
1.1 “Alternative Materials” means a material that is not currently used in the manufacture of license plates, but that was previously used. Alternative materials may include, but are not limited to, porcelain, steel, or a grade of aluminum other than a grade currently being used. Alternative materials must be pre-approved by the Department.
1.2 “Design Standards” or “Security Features” means the standards established in 42-3-201, 42-3- 202 and 42-3-203, C.R.S.
1.3 “Non-Standard Numbering” means any registration number that is not consistent with the Colorado standard issued numbering system, including single character registration numbers.
1.4 “Reserved for Auction” means a registration number to be reserved for the License Plate Auction Group in motor vehicle and manufacturing systems to prevent the manufacturing, issuance, registration, renewal or any other transaction from being performed on the registration number unless and until the registration number is released by the License Plate Auction Group.
1.5 “Standard Numbering” means three numbers and three alphas (###AAA) or three alphas and three numbers (AAA###), that may or may not be separated by a dash “-”.
2.0 Requirements
2.1 The Department shall reserve a registration number for auction upon receipt of a request from the License Plate Auction Group unless:
a. The registration number has been approved for issuance, and payment has been pending, for less than 13-months; or b. Payment has been made, the personalized plate has been manufactured, but the owner has not registered it to his/her vehicle for 13 months; or c. The registration number is currently issued.
2.2 When an owner of a currently registered registration number relinquishes ownership to the License Plate Auction Group for auction pursuant to 42-1-403(5)(k), C.R.S., the owner must provide the license plate containing the relinquished registration number to the Department. Upon receipt of the license plate containing the relinquished registration number, the Department will destroy, recycle, or otherwise permanently dispose of the license plate and reserve the registration number for future auction.
2.3 The Department will not issue a license plate with a registration number purchased at auction until the buyer of that registration number completes all title and registration requirements to register a vehicle, including payment of all taxes and fees.
2.4 The right to use auctioned registration numbers shall be solely held by the buyer of the auctioned registration number, and not by all owners listed on the vehicle record to which the auctioned registration number is registered.
2.5 All auctioned registration numbers with non-standard numbering will result in the license plate logo being removed regardless of the number of digits.
RULE 37. VEHICLES CLASSIFIED AS FARM TRUCKS AND FARM TRUCK TRACTORS [Repealed eff. 08/30/2016] RULE 38. YEAR OF MANUFACTURE LICENSE PLATES Basis: This regulation is promulgated under the authority of 42-1-204, 42-3-120 and 42-3-219(1)(b)CRS. Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of Year of Manufacture license plates.
1.1 “Year of Manufacture License Plates” - means a license plate that is original, embossed with the year of original issue, that does not exceed seven legible characters in which the embossed year is contemporaneous with the year of manufacture of the vehicle upon which it is registered.
1.2 “Secondary Registration” - means the motor vehicle that the Year of Manufacture license plates are authorized for shall have a primary registration as established 42-3-102 through 42-3-126 CRS and 42-3-201 through 42-3-312 CRS.
1.3 “Home Made” or “Shop Made” - means a license plate that was not produced via standard license plate manufacturing processes using a metal dye stamping press machine.
1.4 “Department” - for purposes of this regulation means the Department of Revenue, State Registrations Section.
2.0 Requirements
2.1 Registration of motor vehicles with Year of Manufacture license plates shall be a secondary registration.
2.2 A Year of Manufacture license plates secondary registration application shall only be authorized for license plates that were manufactured at least thirty years ago, embossed with the year of original issue, are legible, and are issued contemporaneously with the year of manufacture of the vehicle upon which they are displayed, may not exceed seven characters and shall be submitted on forms and via procedures as determined by the Department.
2.3 Year of Manufacture license plates may not be home made or shop made. The Department shall not manufacture Year of Manufacture license plates. The registrant is responsible for providing the original license plate.
2.4 Year of Manufacture license plates shall not be authorized for use or secondarily registered if such plate conflicts with any current and/or past plate numbering combinations.
2.5 Year of Manufacture license plates shall only be authorized for use to the registrant(s) that are listed as owner(s) on the primary registration for the motor vehicle.
2.6 Year of Manufacture license plates shall be displayed on the motor vehicle as established in 42- 3-202 CRS with the primary registration license plate and registration receipt being maintained within the motor vehicle at all times the Year of Manufacture license plate is being displayed. Use of Year of Manufacture license plates shall be as established in 42-3-219(5) 2.7 Lost or stolen Year of Manufacture license plates shall be reported within seventy-two (72) hours to the local law enforcement agency and the Department of Revenue, Division of Motor Vehicles, Registration Section using form number DR2283 Affidavit for Lost or Stolen License Plates/Permits.
2.8 The Department may revoke or suspend the use of Year of Manufacture license plates and cancel the registration thereof for mis-use, false information on the application, when the primary registration is no longer valid, and/or discovery of use of a home made or shop made plate. Registrants subject to loss of use of Year of Manufacture license plates or canceled registration may request a hearing, in writing within thirty days of receiving notice of the pending action. Written hearing request shall be submitted to the Department of Revenue, Enforcement Unit, Hearing Section. If a hearing is not requested, within thirty days, the Year of Manufacture license plates shall be surrendered to the Department of Revenue, Registration Section within ten days of the date of notice of the loss or cancellation at the cost of the registrant.
2.9 The hearing shall be held at the Department of Revenue, Enforcement Unit, Hearing Section. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The law enforcement officer or Department investigator who submits the documents and affidavit related to the action in question need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the registrant at the time the written request for hearing is submitted. If the law enforcement officer or investigator is not present at the hearing, the written documents and affidavit submitted by the officer or investigator may be used by the hearing officer.
RULE 39. CANCEL RECORD Basis: The statutory bases for this regulation are 38-20-116(2.5), 38-29-118, 42-4-1805 (2), 42-4-1810, 42-4-2104, 42-4-2109, 42-4-2201, 42-4-2202, 42-6-102, 42-6-104, 42-6-115, 42-6-136 and 42-9-102 C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for the notification to the Department upon a motor vehicle or vehicle being sold or disposed of as salvage.
1.1 “Auto parts recycler” means any person who purchases motor vehicles for the purpose of dismantling and selling the components thereof and who complies with all federal, state, and local regulations. “Auto parts recycler” includes a vehicle dismantler.
1.2 “Business Day” means any day other than Saturday, Sunday, or a state of Colorado or federal legal holiday.
1.3 “Cancel Record” means the motor vehicle record, registration and Colorado Certificate of Title will be cancelled in the Colorado State Title and Registration System and no subsequent Colorado Certificate of Title or registration will be issued.
1.4 “Department” means the Colorado Department of Revenue, Title and Registration Sections.
1.5 “Director-Approved Form” means a properly assigned Certificate of Title, DR 2173 Motor Vehicle Bill of Sale, DR 2407 Dealer’s Bill of Sale, invoice or electronic invoice in a Department approved format.
1.6 “Licensed Motor Vehicle Dealer” means a motor vehicle dealer that is licensed pursuant to Part 1 of Article 6 of title 12, C.R.S.
1.7 “Motor Vehicle” means any self-propelled vehicle that is designed primarily for travel on the public highways and is generally and commonly used to transport persons and property over the public highways, including trailers, semitrailers, and trailer coaches, without motive power. “Motor vehicle” does not include the following:
(a) A low-power scooter, as defined in section 42-1-102;
(b) A vehicle that operates only upon rails or tracks laid in place on the ground or that travels through the air or that derives its motive power from overhead electric lines;
(c) A farm tractor, farm trailer, and any other machines and tools used in the production, harvesting, and care of farm products; or (d) Special mobile machinery or industrial machinery not designed primarily for highway transportation.
1.8 “Notification” means the submission of a director-approved form to the Department, by the owner, with indication such as 'JUNK’, 'SCRAP’ or 'PARTS ONLY’ and includes the date, signature and printed name of the owner and company name (if applicable) declaring the vehicle as salvage.
1.9 “Operator” means a person or a firm licensed by the public utilities commission as a towing carrier.
1.10 “Owner” means a person or firm in whose name the title to a motor vehicle is registered. 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.
1.11 “Parts Only” means a vehicle sold as a source of component and body parts for the purpose of using the component and body parts to repair or restore another vehicle.
1.12 “Recycling” means crushing or shredding a motor vehicle to produce scrap metal that may be used to produce new products or dismantling a motor vehicle to remove reusable parts prior to recycling the remainder of the vehicle.
1.13 “Salvage” means the secondary or scrap value of a motor vehicle stemming from a state of damage or disrepair that renders the vehicle unsuitable for its originally intended use on the public highways in the absence of major alteration or repair. Salvage includes the scrapping, junking, disposal or sale of a vehicle for parts only.
2.0 Requirements
2.1 An owner, licensed motor vehicle dealer, auto parts recycler or operator must provide notification to the Department for all motor vehicles being sold or disposed of as salvage within 10 business days of determining that the motor vehicle will be sold or disposed of as salvage.
2.2 Notification must be submitted by the owner on the director-approved form.
2.3 Upon receipt of a “Notification”, the Department shall modify the record to indicate the record is in “Cancel Record” status.
2.4 Motor vehicles abandoned at a Repair Shop with a retail fair market value of less than $200.00 shall only be sold for the purposes of junking, scrapping, or dismantling.
a. Sale by the repair shop shall be executed and delivered to the purchaser on a bill of sale.
2.5 Motor vehicles abandoned on public or private property with an appraised value of less than $350.00 shall only be sold for the purposes of junking, scrapping, or dismantling.
a. Sale by the responsible law enforcement agency or tow operator shall be executed and delivered to the purchaser on a bill of sale.
Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of low-power scooter temporary registrations, identify the entities that are authorized to complete the temporary registration process and the process for the registration agent application.
1.1 “Department” for this regulation means the State Registration Section, Division of Motor Vehicles, Department of Revenue.
1.2 “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:
A. A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or B. A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.
1.3 “Motor vehicle” in pertinent part, means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generated and commonly used to transport persons and property over the public highways, except that the term does not include low-power scooters, wheelchairs, or vehicles moved solely by human power.
1.4 “Motorcycle” means a motor vehicle that uses handlebars to steer and that is designed to travel on not more than three wheels in contact with the ground; except that the term does not include a farm tractor or low-power scooter.
1.5 “Registration Agent” means a motor vehicle dealer or used motor vehicle dealer licensed under article 6 of title 42 of the Colorado Revised Statutes that has been approved by the Department to act as an authorized agent of the Department for the purposes of compliance with 42-3-105(4)(a) C.R.S. and collection of fees required for the registration of low-power scooters.
2.0 Low-Power Scooter Registration Agent Eligibility
2.1 Upon application and approval, any licensed Colorado motor vehicle dealer, used motor vehicle dealer, or power sport dealer that engages in the selling of low-power scooters may act as a registration agent for the Department for the purpose of temporarily registering low-power scooters.
A. The DR 2228 Low-Power Scooter Registration Agent Application shall be submitted to the Department for approval.
B. Motor vehicle dealers, used motor vehicle dealers or power sport dealers that are engaged in the selling of low-power scooters are not required to be a low-power scooter registration agent. Customers should be directed to the Department for the registration of the low-power scooter purchased from a dealer that is not a low power scooter registration agent.
C. A valid Colorado motor vehicle dealers license, used motor vehicle dealers license or power sport dealers license is required.
3.0 Low-Power Scooter Registration Agent Application and Approval Rules
3.1 A DR 2228 Low-Power Scooter Registration Agent Application shall be submitted to the Department for approval.
3.2 Upon approval by the Department, a low-power scooter registration agent number shall be issued. This number must appear on all monthly reports and all low-power scooter temporary registrations submitted to the Department.
3.3 Upon issuance of a low-power scooter registration agent number, the Department shall create the following:
A. An electronic spreadsheet to log and track the dates the monthly reports for each registration agent are received, the amount of payments submitted, a record of all decal numbers issued to that registration agent and a list of all decals that have been returned by the registration agent.
3.4 If a registration agent changes their address from the original location identified in the application and/or changes their business name, a DR 2228 Low-Power Scooter Registration Agent Application shall be submitted within ten (10) days of the address change to the Department. “Address Change Only” must be indicated at the top of the application. The assigned low-power scooter registration agent number shall remain the same.
3.5 Upon request the registration agent shall provide a copy of the approved DR 2228 Low-Power Scooter Registration Agent Application as proof of authorization to register low-power scooters and collect the associated fees on behalf of the Department.
3.6 Low-Power Scooter Decals
A. Decals must be purchased by the registration agent from the Department. Requests for decals shall be completed on the DR 2183 Low-Power Scooter Monthly Report and Request for Decals/Forms. Requests for decals may be processed by mail or in person at the address indicated on the DR 2183.
B. Low-power scooter registration agents shall not be permitted to purchase excess decals above their allowable months of supply based on historical issuance trends determined by the Department.
C. No refunds will be granted for returned decals. Damaged decals must be returned to the Department. Damaged decals shall be replaced upon payment of the applicable low- power scooter decal fee.
D. Decals that are lost or stolen must be reported to the local, county or state law enforcement within 72-hours from the date it was determined that the decals were lost or discovered stolen. A copy of the police report must be submitted to the Department. The Department shall replace the missing decals upon payment of the applicable low-power scooter decal fees.
E. A low-power scooter decal is valid for a period of three (3) years from the date of issuance. Standard license plates shall not be issued to any vehicle that is defined as a low-power scooter.
3.7 Monthly Reports
A. A registration agent shall complete and submit DR 2183 Low-Power Scooter Monthly Report and Request for Decals/Form to the Department at the address on the form by the 10th of every month. In the event that the registration agent did not issue decals for any given month, the DR 2183 shall be submitted indicating zero (0) under the section identified as “Decal Numbers Sold”.
B. Any low-power scooter registration agent who does not submit their monthly reports, as listed above, shall lose the authority to issue decals on behalf of the Department. This authority may be considered for reinstatement only when all monthly reports have been submitted and brought current to the Department.
3.8 Renewal of low-power scooter registrations shall be completed by the Department.
3.9 Low-power scooter registrations shall be submitted directly to the Department and must include the following:
A. A completed DR 2579 Low-Power Scooter Registration Agent Temporary Registration form.
B. Photocopy of the proof of ownership including, but not limited to, a Manufacturer’s Statement of Origin, invoice, notarized bill of sale, or receipt. The applicant’s name must be consistent on the proof of ownership.
C. Appropriate registration fees as indicated on the application.
D. Proof that the applicant’s Secure and Verifiable Identification has been verified using the Secure and Verifiable Identification section on the DR 2579 or by using the DR 2841 Secure and Verifiable ID and DR 2842 Supplemental Secure and Verifiable Identification Information and Attestation Clause forms.
E. Proof of insurance as listed in section 3.11 of this regulation.
F. Registration agent shall hole punch the expire month and expire year on the decal prior to issuing the decal to the customer. The expire month and expire year shall match the expire month and expire year on the DR 2579.
3.10 Upon receipt of the DR 2579 Low-Power Scooter Registration Agent Temporary Registration Application from the registration agent the Department shall validate the form and ensure compliance with statute, rules and regulations. The registration agent shall provide a photocopy of the DR 2579 to the owner to evidence registration. The registration agent shall instruct the owner of the registration process.
A. The Department shall complete the low-power scooter registration in the Colorado State Title and Registration System. Upon finalization of the transaction a DR 2574 Registration Receipt will be printed and mailed directly to the low-power scooter owner. Upon receipt of the DR 2574 the low-power scooter owner shall replace the agent issued DR 2579 with the DR 2574. The DR 2574 shall be the owners’ proof of valid registration.
B. If the vehicle listed on the DR 2579 does not meet the statutory definition of a low-power scooter the registration agent will be notified by the Department. The Department shall also send notice to the applicant requiring return of the decal. The applicant will be instructed to resolve any refund of fees paid with the agent directly.
3.11 Insurance
A. A low-power scooter shall not be registered until the applicant has a complying motor vehicle insurance policy pursuant to part 6 of article 4 of title 10, C.R.S., or a certificate of self-insurance is in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S.
B. The applicant shall provide the department or the registration agent with the proof of insurance certificate or insurance identification card provided to the applicant by the applicant’s insurer pursuant to section 10-4-604.5, C.R.S., or provide proof of insurance in such other media as is authorized by the Department.
C. Any person who knowingly provides fraudulent information or insurance documents to obtain registration of a low-power scooter is guilty of a misdemeanor and is subject to the criminal and civil penalties provided under section 42-6-139(3) and (4) C.R.S.
3.12 In the event that a registration agent chooses to no longer act as a registration agent, all decals must be returned to the Department with a notice on the business letterhead within ten (10) business days from the notice. This notice shall serve as notification to the Department that this business shall no longer act as a registration agent for the Department in this capacity. All remaining DR 2579’s and DR 2183’s that have not been submitted to the Department previously shall be submitted at that time. No refunds shall be issued. The registration agent shall submit to the Department all retained low-power scooter temporary registrations.
4.0 Low-Power Scooter Record Maintenance
4.1 Records shall be maintained listing each low-power scooter decal with the names of the person(s) registered to such decal, to be used upon inquiry from law enforcement or the registered owner.
4.2 Notices of monthly report delinquency shall be sent to the registration agent(s) if the monthly reports are more than two months negligent.
4.3 If a registration agent fails to respond to a letter of monthly report delinquency, a notice shall be placed in the registration agent’s file to discontinue the issuance of decals until all monthly reports have been submitted to the Department at which time the Department will re-evaluate the registration agent’s authority to issue low-power scooter temporary registrations and decals on behalf of the Department.
RULE 41. LICENSE PLATE DESTRUCTION, RECYCLING AND DISPOSAL Basis: This regulation is promulgated under the authority of 42-1-204, 42-3-201(6)(a) and 42-3-201(6)(b) C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for the destruction, recycling and/or disposal of license plates.
1.1 “Scrap Plate” means any license plate that has either been voluntarily surrendered or acquired in the ordinary course of business with the intent of the license plate being canceled in motor vehicle systems, destroyed, recycled or permanently disposed of.
1.2 “Voluntarily Surrendered” means given to the department or its authorized agents by the license plate owner or the owner’s agent.
1.3 “Ordinary Course of Business” means but is not limited to the receipt of a plate that is voluntarily surrendered, found, damaged, directed to be destroyed per an enforcement action or turned in by a non-owner to the State or its authorized agents.
1.4 “Destroyed, Recycled and/or Permanently Disposed” means a method of destruction that renders the material unusable as a license plate.
1.5 “Department” means the Department of Revenue, Division of Motor Vehicles.
2.0 Requirements
2.1 License plates that are voluntarily surrendered or acquired in the ordinary course of business shall be destroyed, recycled or permanently disposed of in a manner approved by the department.
2.2 License plates that have been voluntarily surrendered by the owner or owner’s agent shall be canceled at the time the plates are surrendered.
2.3 License plates acquired in the ordinary course of business shall be canceled in motor vehicle system within 24 hours of receipt.
2.4 Scrap license plates surrendered shall be destroyed, recycled, or permanently disposed of. Reselling, reusing, giving or gifting of scrap plates is prohibited.
2.5 The department, through Correctional Industries, shall provide a plate scrapping program in which the department or its authorized agents may surrender license plates to be destroyed, recycled or disposed of.
2.6 Unless Correctional Industries is used to recycle plates, any authorized agent that receives scrap plates or desires to conduct disposal, recycling or destruction of license plates shall apply to State Registrations, 1881 Pierce St., Lakewood, CO 80214 for approval detailing the disposal, recycling or destruction activities of license plates. At a minimum, this application will be on the entity’s letterhead and shall describe in detail:
a. Means of receiving and storing the scrap plates to include such details as security, accountability and personnel (i.e. motor vehicle supervisor, motor vehicle clerk, janitorial staff) that would have access to the plates.
b. Timeline for completion of destruction disposal, recycling, or disposal.
c. Destruction, recycling or disposal method to be used.
d. Agreements with any scrap yard, junkyard, recycler, metals dealer or any other entity use to destroy, recycle or dispose license plates. This should detail evidence of receipt for scrap plates, evidence of destruction, recycling or disposal.
e. The name of the person responsible for administration of program and their contact information.
2.7 Unless Correctional Industries is used to recycle plates, it is the responsibility of the authorized agent to ensure compliance of the rules and statutes pertaining to the destruction, recycle or disposal of license plates with the junk yard, scrap yard, recycler or metals dealer that they have scrap plate agreements with.
2.8 A log, as determined by the Department, shall be maintained by the authorized agent of all plates destroyed, recycled, or disposed of. The log shall be submitted to the Department quarterly or upon the Department’s request.
RULE 42. SPECIAL MOBILE MACHINERY SPECIFIC OWNERSHIP TAX CREDIT FOR OUT-OF- STATE USE UNDER CONTRACTUAL AGREEMENTS Basis: This regulation is promulgated under the authority of 42-1-204 and 42-3-107(17)(a) through 42-3- 107(17)(e) C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for the prorated specific ownership tax credit for special mobile machinery that is operated outside of the State of Colorado under a written contract and has received verification of such via the Colorado Port of Entry.
1.1 “Owner” means an owner, as defined in 42-1-102(66) C.R.S. that owns an item of special mobile machinery. The term includes any person authorized to act on the owner’s behalf and for the purpose of this rule shall mean the same named owner on the SMM registration receipt and SMM Specific Ownership Tax Credit Voucher.
1.2 “Prorated Specific Ownership Tax” means the prorated special mobile machinery specific ownership tax assessed pursuant to 42-3-107(17) C.R.S. and for the purpose of this rule may be referred to as “credit”.
1.3 “Special Mobile Machinery (SMM)” means “Mobile machinery” or “self-propelled construction equipment” as defined in C.R.S. 42-1-102(54) and “Mounted equipment” as defined in C.R.S. 42- 1-102(60).
1.4 “Month” for the purpose of this rule means calendar month (e.g. February, December etc.) without consideration to the number of calendar days within each month.
2.0 Requirements
2.1 An owner that operates special mobile machinery (SMM) outside of the State of Colorado under a written service contract may apply to receive credit of not less than one or more than ten months of the prorated specific ownership tax for the month(s) within the registration period that the SMM was operated outside the State of Colorado under such written contract.
2.2 Credit shall not be granted for SMM that is no longer in service, no longer owned by the owner applying for credit or that is no longer required to be registered in Colorado.
2.3 Credit shall only be granted when the following conditions are validated by the Colorado Port of Entry. Such validation will be evidenced by issuance of a SMM Specific Ownership Tax Credit Voucher to the owner by the Colorado Port of Entry.
A. The owner is an established business in Colorado, as shown by registration with the Colorado Secretary of State or Department of Revenue as required by law; and, B. The SMM is currently registered in the State of Colorado as evidenced by a Colorado Registration Receipt; and, C. The owner demonstrates to the Colorado Port of Entry that the SMM was operated outside the State of Colorado under a written contract to perform a service. Such written contract shall demonstrate the terms of the owner’s service and shall be signed by the owner. Such written contract shall demonstrate in months, as defined by this rule, the length of time the SMM was operated outside the State of Colorado. Partial month(s) credit shall not be granted.
2.4 An owner of SMM that is registered in Colorado that applies for credit shall submit the required written contract and supporting documents to the Colorado Port of Entry.
2.5 SMM Specific Ownership Tax Credit Vouchers shall only be valid when presented by the SMM owner at the County Motor Vehicle office where the SMM is registered and upon registration renewal of such SMM. Credit transactions may not be completed through mail or online registration renewal processes.
2.6 SMM Specific Ownership Tax Credit Vouchers shall only apply to the renewal of the SMM listed on the credit voucher.
2.7 SMM Specific Ownership Tax Credit Vouchers shall be valid for the next twelve-month registration period of the SMM. If the owner elects not to have the credit applied upon the next twelve-month registration of the SMM, the owner waives all rights to applying and receiving the credit.
2.8 The department may validate the SMM Specific Ownership Tax Credit Voucher or any information within.
2.9 Credit shall be calculated for a period of not less than one month or more than ten months.
2.10 Refund shall not be given for unused credit. If the credit exceeds the specific ownership tax being collected for the subsequent twelve-month registration period no refund of the remaining credit balance will be given.
2.11 SMM Specific Ownership Tax Credit Vouchers are non-transferable and may not be re-assigned.
2.12 The SMM Specific Ownership Tax Credit Voucher and credit shall only be applied upon payment of taxes and fees required by Title 42 of the Colorado Revised Statute for the SMM listed on the SMM Specific Ownership Tax Credit Voucher.
RULE 43. STOLEN MOTOR VEHICLES Basis: The statutory bases for this regulation are 42-3-118(2) (a) and 42-6-145(3)(b) C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for the notification of local law enforcement upon discovery that a person is attempting to obtain a certificate of title or register a stolen motor vehicle and for insurance companies to obtain title upon recovery of a stolen motor vehicle.
1.1 “Authorized Agents” means the officer of a county or city and county designated by law to issue a certificate of title and annual registration to vehicles and to collect any registration or license fee imposed thereon by law.
1.2 “Department” means the Department of Revenue, Title and Registration Sections.
2.0 Requirements
2.1 If a person attempts to obtain a certificate of title or register a motor vehicle that has been reported as stolen, the Department or its authorized agents shall notify local law enforcement.
2.2 If local law enforcement is unavailable or is unable to respond immediately the Department or its authorized agent shall contact the Motor Vehicle Investigations Unit of the Department of Revenue.
3.0 Insurance Companies
3.1 Insurance companies applying for title to transfer ownership of an unrecovered stolen motor vehicle from the insured owner to the insurance company upon settlement of the theft claim must apply to the Colorado Department of Revenue using the DR 2593 State of Colorado Application for Title or Salvage Title Unrecovered Theft Only. Applications may be submitted in person at Colorado Department of Revenue, Division of Motor Vehicles, Title Section, 1881 Pierce Street. Lakewood CO 80214 or by mail to Colorado Department of Revenue, Motor Vehicle Title Section, Denver, CO 80261-0016.
3.2 If the owner of a stolen motor vehicle had not obtained a certificate of title to the motor vehicle in their name at the time the vehicle was stolen the owner is required to provide the following documents to the County Motor Vehicle Office where they reside and must pay all applicable sales tax or to show proof that all taxes were paid:
A. A copy of the police report to indicate the vehicle was reported stolen.
B. A letter from the insurance company that is requesting a title in the owners’ name.
C. The title transferred properly to the applicant and all required supporting documents.
3.3 The vehicle owner shall apply for a title at the Department using the DR 2593 Application for Title of Salvage Title Unrecovered Theft Only. All supporting documents including the registration receipt showing proof that sales tax was paid must be submitted. A copy of the registration receipt to the owner may be obtained at the County Motor Vehicle Office. RULE 44. LATE FEE EXEMPTION Basis: This regulation is promulgated under the authority of 42-1-204 and 42-3-112, C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for exempting the late fee on vehicles that are subject to taxation and are not registered when required by law.
1.1 “Act of God” means an unforeseen and uncontrollable natural event that is outside of human control, including but not limited to hurricane, lightning fire, flood, tornado, typhoon, and earthquake, that prevents an individual from utilizing available methods provided for the titling, registration, temporary registration permit, or renewal of vehicle registrations.
1.2 “Commercial Vehicle Trailer” means a non-motorized vehicle used to transport cargo for profit, hire, or otherwise to further the purposes of a business or commercial enterprise, including a utility trailer, multipurpose trailer, camper trailer, or trailer coach.
1.3 “Department” means the Department of Revenue of this state acting directly or through its duly authorized officers and agents.
1.4 “Farm Vehicle Trailer” means a non-motorized vehicle that meets the requirements pursuant to C.R.S. 42-3-306(4)(a) and is pulled by a motorized vehicle.
1.5 “Furlough” means a mandated closure of a government office in the state, county, or city in which the registrant resides.
1.6 “Information Technology Failure” means a problem with the Colorado State Title and Registration System (CSTARS) that prevents the authorized agent(s) or the Department from being able to perform a title, registration, temporary registration permit, or renewal transaction.
1.7 “Late Fee” means the fee authorized by C.R.S. 42-3-112(1).
1.8 “Late Fee Exemption” means the waiver of the late fee.
1.9 “Medical Hardship” means certification by a medical professional of medical care, treatment, service and/or medical incapacitation that prevented a person from utilizing available methods provided for completing the titling, registration, temporary registration permit, or renewal of vehicle registrations within statutory time requirements for a vehicle for which the person is a named owner.
1.10 “Medical Professional” means a Colorado physician licensed to practice in this state, a commissioned medical officer, a podiatrist, or an advanced practice nurse.
1.11 “Motor Vehicle Office” means any county or state motor vehicle office.
1.12 “Office Closure” means a closure of a motor vehicle office during normal business hours.
1.13 “Temporary Registration Permit” means a temporary number plate, tag, or certificate registered to a vehicle pursuant to C.R.S. 42-3-203(3)(a) and (b).
1.14 “Weather-Related Delay” means the postponement of service availability that prevents the motor vehicle office from completing the titling, registration, temporary registration permit, or renewal of vehicle registrations as determined by the Executive Director of the Department or a county commissioner.
2.0 Requirements
The following requirements shall apply to each title, registration, temporary registration permit, or renewal transaction in which the late fee exemption is granted. Persons requesting a late fee exemption must meet the requirements of this rule. For multiple vehicles, the requirements must be met for each specific vehicle.
2.1 Commercial Vehicle Trailers
A. The DR 2505 Late Fee Exemption/Reduction Request affidavit will be required attesting that the commercial vehicle trailer was idled and was not operated on any public highway in Colorado for at least a full registration period.
B. The late fee will be exempted or reduced upon the presentation of the completed DR 2505 Late Fee Exemption/Redemption Request affidavit at the time of titling, registration or renewal of vehicle registrations.
2.2 Farm Vehicle Trailers
A. The DR 2505 Late Fee Exemption/Reduction Request affidavit will be required attesting that the farm vehicle trailer was idled and was not operated on any public highway in Colorado for at least a full registration period.
B. The late fee will be exempted or reduced upon the presentation of the completed DR 2505 Late Fee Exemption/Redemption Request affidavit at the time of titling, registration or renewal of vehicle registrations.
2.3 Medical Hardship
A. The DR 2538 Medical Hardship Late Fee Exemption Affidavit will be required from the vehicle owner attesting that a medical hardship has prevented the applicant from completing a title, registration or renewal transaction on his or her vehicle resulting in the assessment of the late fee. The printed name, the license number and signature of the medical professional must be included on the DR 2538.
B. The late fee will be exempted upon the presentation of the DR 2538 Medical Hardship Late Fee Exemption Affidavit at the time of titling, registration or renewal of vehicle registrations.
2.4 Upon confirmation or determination by the Department that one of the below events has occurred, the Department shall issue an electronic correspondence to the affected county or counties authorizing the exemption of the late fee for 10 calendar days from the last day of the event.
A. Act of God B. Furlough C. Information Technology Failure D. Office Closure E. Weather-Related Delay If one or more offices are closed in a county due to a weather-related delay, the late fee will be exempted for all the offices in that county.
2.5 If a county is unable to complete a title, registration, temporary registration permit, or renewal transaction without modification by the Department and the Department offices are closed , the late fee may be exempted.
2.6 The Department will maintain a log documenting late fee exemption events and such log shall be available to the counties through electronic means.
2.7 The Department will make a determination of the exemption of the late fee on a case by case basis for circumstances not included in this regulation and those exemptions must be pre- approved by the Department.
2.8 When a late fee exemption is denied, the customer must pay the late fee and may submit a request for further review on forms required by the Department within 30 days from the payment date of the late fee to the Executive Director of the Department of Revenue.
A. The request for review must include the customer’s contact information including name and address and all facts related to the situation that prevented the customer from the timely titling, registration, temporary registration permit, or renewal of the vehicle registration.
B. The Executive Director may refund previously collected late fees after a review of the submitted forms and the information contained therein.
2.9 Late fees accrued prior to the effective date of this rule are due and shall not be exempted.
2.10 Nothing in this rule shall be construed to exempt the owner of a vehicle from paying any taxes or fees imposed pursuant to article 3 of title 42, C.R.S. other than the late fee. RULE 45. ALUMNI LICENSE PLATES Basis: The statutory bases for this regulation are 42-1-201, 42-1-204, 42-3-214 and 42-3-301 C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for the application, responsibilities, and processes for Alumni License Plates.
1.1 “Alumni License Plate” means a special license plate that is not a distinctive plate and is issued to recognize an Alumni Association of a private or public college or university that is located within Colorado.
1.2 “Approval Notification” means the Department certification that the Alumni Association has met statutory and regulatory requirement for the creation of an Alumni License Plate.
1.3 “Certificate” for the purpose of this regulation means letters, vouchers, or certificates issued by the Alumni Association as evidence that a person has met the pre-certification qualifier for their associated Alumni License Plate.
1.4 “College or University” means an institution of higher education that offers at least a bachelor degree in an educational program and that is accredited by a nationally recognized accrediting agency or association.
1.5 “Department” for the purpose of this regulation means the Department of Revenue, Division of Motor Vehicles, Title and Registration Sections.
1.6 “Pre-Certification Qualifier” means condition(s) that must be met prior to the issuance of an Alumni License Plate. Pre-certification qualifiers may be, but are not limited to, monetary donation, membership with the Alumni Association, or meeting of the Alumni Association specific criteria.
1.7 “Registered” for the purpose of this regulation means a vehicle with an unexpired registration that is currently issued the Alumni License Plate pursuant to 42-3-102 and 42-3-114, C.R.S 1.8 “Retire” means the discontinuation of the issuance of the Alumni License Plate.
1.9 “Secure and Verifiable Identification” means an identification document reflected on the Department’s Form DR 2841 Secure and Verifiable ID.
2.0 Application for Creation of Alumni License Plates
2.1 An Alumni Association that meets the requirements of 42-3-214 C.R.S and this regulation is eligible to apply for the creation of Alumni License Plates.
2.2 An Alumni Association that operates under the umbrella of a parent college or university shall not be permitted to create an Alumni License Plate and shall be considered to have a plate already created under that parent college or university for which they are associated with. If the proposing Alumni Association is able to demonstrate their independence as a separate college or university from their parent college or university then creation of the Alumni License Plate shall be pursuant to these regulations and upon approval of Department.
2.3 Upon completion of all statutory and regulatory requirements by the Alumni Association for the proposal to create an Alumni License Plate an application, on the forms supplied by the Department, shall be submitted to the Registration and License Plate Program Manager, Division of Motor Vehicles. Incomplete applications will not be accepted or retained.
A. Applications shall be signed by the Alumni Association affirming agreement to this regulation. In addition to the signed application, the Alumni Association shall submit:
2.4 All deadlines and instructions shall be followed by the Alumni Association upon receipt of the approval notification.
3.0 Approved Alumni License Plates Responsibilities and Processes
3.1 Alumni License Plates must be designed within the formats established by the Department. The Department has final approval authority and may deny any design proposal it considers offensive or misleading.
A. Design changes requested after the design has been approved must be submitted in writing to the Department by the Alumni Association. Supporting documentation required may include, but is not limited to, issuance trends, current inventory levels, and costs associated with changes. If the change request is approved, the Alumni Association shall prepay all design costs prior to manufacture of the new design. Design changes are effective as established by the Department inventory management methodologies. Registered vehicles, as defined in this rule, shall be allowed to maintain their current plate design. If approval is granted while existing inventory is in circulation and the Alumni Association requests that new plates be implemented immediately, the Alumni Association shall pay all fees associated with the recall, collection, and destruction of existing inventory.
3.2 Upon completion of the proposed Alumni License Plate design the Alumni Association will receive on sample of the approved plate design. Sample plates used in the design approval process are the property of the Department. The Alumni Association may request up to five samples for marketing and display purposes upon payment of material fees as established in 42-3-301, C.R.S., for each plate. Sample plates shall be produced using the standard passenger size license plate with the standard sample plate numbers assigned by the Department. Non-standard plate number requests will not be accepted. Permission from the Department is required prior to use of the plate design, electronic plate images, or graphic plate images outside of usual marketing (website, newsprint etc.). The Department shall be given at least 72 hours prior notice of all news releases, interviews, or mass communications referencing the Alumni License Plate.
3.3 The Department shall determine the method used and initial supply and restocking of inventory.
3.4 Requests for the Department to distribute thank you notes, requests for contributions, or other propaganda with the issuance of the Alumni License Plate will not be accepted.
3.5 The Alumni Association shall not request resident information or vehicle owner information from the Department concerning the number or expiration months of Alumni License Plates issued.
3.6 The Alumni Association must affirm in writing to the Department when the authority of the Alumni License Plate is transferred to a successor Alumni Association. Upon acceptance of the transfer of authority by the Department, the successor Alumni Association shall meet all statutory and regulatory requirements and shall be required to affirm in writing agreement to the established regulations in regards to the Alumni License Plate.
3.7 Request for changes to certificates must be submitted in writing ensuring sufficient time to disseminate the change to all Motor Vehicle offices. Upon approval of the certificate change, the Department will establish an effective date. Amended certificate shall meet the requirement of Code of Colorado Regulations 1 CCR 204-10 Rule 45. Previously issued certificates that have not been presented to the Motor Vehicle office for issuance of the associated Alumni License Plate will be accepted for issuance of the Alumni License Plate.
3.8 Pursuant to the date established on the approval notification, and every year thereafter on such date, there shall be the amount specified in statute that number of motor vehicles registered with the associated Alumni License Plate. If the Alumni License Plate is registered to less than the amount specified in statute, the Department shall retire the Alumni License Plate pursuant to the Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
3.9 The Department may require an audit of the Alumni Association monies collected and efforts made in the name of the Alumni License Plate. This may include, but is not limited to, accounting, financial, procedures, tax, and pre-certification qualifier audits.
A. In the event that an audit results in adverse findings, the Department may require additional information to support the Alumni Association’s claims and may retire the Alumni License Plate pursuant to Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
3.10 If the Department retires an Alumni License Plate the retirement of the Alumni License Plate requires:
A. The discontinuation of the issuance of the Alumni License Plate.
B. Written notice, sent via regular certified postal mail, to the Alumni Association associated with the Alumni License Plate. This retirement notice shall also act as the official notice that the Alumni Association is no longer associated with the Alumni License Plate. Upon receipt of the retirement notice, the Alumni Association shall:
D. The Alumni Association is required to provide refunds to persons who were issued certificates from the Alumni Association within the last 13 months and who have not been issued the Alumni License Plate prior to the retirement date. 1 A person who has received a certificate from the Alumni Association that has been approved for a personalized plate and has not been issued the personalized plate prior to the retirement date shall be permitted to register their vehicle with the Alumni License Plate provided that issuance and registration is completed within 13 months of the personalized plate approval date.
3.11 Applications for the proposal of a new Alumni License Plate will be accepted 5 years from the date of the last retirement of an Alumni License Plate by the same Alumni Association who will be required to meet the statutory and regulatory requirements at that time.
3.12 Alumni Associations with Alumni License Plates created prior to this regulation shall meet the requirements of this regulation unless such Alumni Association has a separate agreement with the Department that establishes separate requirements that differ from this regulation. In any event, that such other agreement is in place and it does not specifically address items in this regulation, this regulation shall apply and be in full effect. RULE 46. APPLICATION FOR REGISTRATION – PROOF OF INSURANCE [Repealed eff. 09/14/2015] RULE 47. EXPIRED TEMPORARY REGISTRATION PERMITS Basis: This regulation is promulgated under the authority of 42-1-204 and 42-3-112, C.R.S. Purpose: The following rules and regulations are promulgated to establish criteria for exempting the late fee on vehicles that have an expired temporary registration permit, that are subject to taxation and are not registered when required by law.
1.1 “Expired Temporary Registration Permit” means a temporary registration permit that is no longer valid.
1.2 “Temporary Registration Permit” for the purposes of this rule means a temporary registration permit that has been issued by the Department, its authorized agents or dealers licensed by the Department of Revenue. A temporary registration permit is valid through the date displayed on the temporary registration permit.
2.0 Requirements
2.1 Late fees assessed pursuant to 42-3-112(1) C.R.S. shall be waived on all expired temporary registration permits.
RULE 48. COLORADO DEALER LICENSE PLATES Basis: The statutory bases for this regulation are sections 42-1-102(22), 42-1-204, 42-3-116, and 42-3- 304, C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for issuance and use of dealer license plates.
1.1 “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 Title 42 of the C.R.S., who has an established place of business for such purpose in this state and who is authorized by the issuance of a DR 2118 Dealer’s License from the Department of Revenue, Enforcement Business Group, Auto Industry Division. Dealer for the purpose of this regulation shall also include motor vehicle wholesale businesses, vehicle auction businesses, manufacturers, and all persons selling vehicles under a class of dealer license issued pursuant to Article 6 of Title 12 or Title 42 of the C.R.S.
1.2 “Dealer Demonstration” means the Dealer Demonstration license plate that has stacked “DMO” lettering on the Colorado blue and white graphic license plate.
1.3 “Dealer Full Use” means the Dealer Full Use license plate that has stacked “DLR” lettering on the Colorado blue and white graphic license plate.
1.4 “Dealer In-Transit” means the Dealer In-Transit license plate that has stacked “INT” lettering on the Colorado blue and white graphic license plate.
1.5 “Dealer License Plates” means the Dealer Demonstration, Dealer Full Use, Dealer In-Transit, or SMM Dealer Demonstration license plate.
1.6 “Department” means the Department of Revenue of this state acting directly or through its duly authorized officers and agents.
1.7 “Established Place of Business” means the place actually occupied either continuously or on a regular basis by a dealer where such dealer’s books and records are kept and a majority of his or her business is transacted.
1.8 “Legitimate Business Interest” means:
A. One or more specific and identifiable reasons as to why the use of a dealership vehicle by a person serves the bona fide business needs of the dealership; and B. Use of the vehicle is benefiting the bona fide business need.
1.9 “Motorcycle License Plate” means a license plate manufactured as standard motorcycle size and configuration.
1.10 “Motor Vehicle” means a motor vehicle as defined in section 42-1-102(58), C.R.S.
1.11 “Normal Business Hours” for the purpose of this regulation means 7:00 a.m. – 7:00 p.m. Monday through Saturday or as defined by the Motor Vehicle Dealer Board.
1.12 “Offered for Sale” means a vehicle that meets the following requirements:
A. The title to the vehicle has been properly assigned to the dealership, or if a new motor vehicle, evidence of a manufacturer’s certificate of origin for the vehicle; and B. The vehicle is identified on the dealership inventory list maintained by the dealership for sale.
1.13 “Passenger Plate” means a license plate manufactured as standard passenger vehicle size and configuration.
1.14 “Registration Expiration Date” means the expiration of the applicable registration period required in section 42-3-102, C.R.S.
1.15 “SMM Dealer” means a person who sells special mobile machinery in the ordinary course of business.
1.16 “SMM Dealer Demonstration” means the SMM Dealer Demonstration license plate that has dual stacked “SMM” and “DMO” lettering on the Colorado blue and white license plate graphic.
1.17 “Special Mobile Machinery” or “SMM” means special mobile machinery as defined in section 42- 1-102(93.5), C.R.S.
1.18 “Vehicle” means a vehicle as defined in section 42-1-102(112), C.R.S.
2.0 Requirements
2.1 Dealers meeting all statutory and regulatory requirements may be issued dealer license plates.
2.2 SMM Dealers meeting all statutory and regulatory requirements may be issued SMM Dealer Demonstration license plates.
2.3 Dealer license plates shall be issued, registered, and renewed by the County Motor Vehicle Office in the county in which the dealer or SMM Dealer has an established place of business.
2.4 Dealer license plates shall be manufactured and offered as:
A. Dealer Demonstration – single passenger plate and single motorcycle plate.
B. Dealer In-Transit – single passenger plate.
C. Dealer Full Use – single passenger plate and single motorcycle plate.
D. SMM Dealer Demonstration – single passenger plate.
2.5 Issuance of dealer license plates shall be:
A. Dealer Demonstration license plates may be Issued in unrestricted quantities to:
B. Dealer In-Transit license plates may be issued in unrestricted quantities to:
C. Dealer Full Use license plates may be issued in unrestricted quantities to:
D. SMM Dealer Demonstration license plates may be issued in unrestricted quantities to:
2.6 Fees for dealer license plates shall be paid upon issuance and renewal as listed below:
A. Dealer Demonstration and Dealer In-Transit license plates shall pay the fees as required by sections 42-3-304(6), 42-3-301, and 42-1-210, C.R.S.
B. Dealer Full Use license plates shall pay the fees as required by sections 42-3- 116(6)(b)(II), 42-3-301, and 42-1-210, C.R.S C. SMM Dealer Demonstration license plates shall pay the fees as required by sections 42- 3-116(7)(b)(II), 42-3-301, and 42-1-210, C.R.S.
2.7 Use and display of dealer license plates shall be as listed below:
A. Dealer Demonstration License Plates:
B. Dealer In-Transit License Plates:
C. Dealer Full Use License Plates:
D. SMM Dealer Demonstration License Plates:
2.8 The registered name of a dealer may only be changed upon approval from the Department of Revenue, Enforcement Business Group, Auto Industry Division.
2.9 Dealers and SMM Dealers shall maintain a record of all dealer license plates issued to them which shall include the name, address, and phone number of the individual currently authorized to use the dealer license plate.
2.10 All dealer license plates shall be immediately surrendered to the Department, at the cost of the dealer or SMM dealer, whenever:
A. Through either a voluntary or an involuntary action, the dealer or SMM dealer ceases to be a dealer or SMM dealer.
B. Upon suspension or revocation of the dealer’s DR 2118 Dealer’s License by the Motor Vehicle Dealer Board.
2.11 A change of dealership or SMM dealer operating entity status requires the issuance of new dealer license plates. Dealer license plates are not transferable between entities.
2.12 Lost or stolen dealer license plates must be reported within seventy-two hours to local law enforcement and to the County that issued the dealer license plates. A copy of the police report must be attached to the DR 2283 Lost or Stolen License Plate / Permit Affidavit when submitted to the County.
2.13 Secure and verifiable identification shall be required for issuance and replacement of dealer license plates. Dealers and SMM Dealers shall provide letters to the Department listing all personnel authorized to conduct dealer license plate transactions with the Department on the dealer’s or SMM dealer’s behalf.
RULE 50. SLOW MOVING VEHICLES 1. All machinery and equipment, including implements of husbandry, horse drawn vehicles, farm tractors, road machinery, road graders, and every vehicle which has a maximum speed that does not exceed 25 miles per hour or every vehicle capable of speeds in excess of 25 miles per hour but which in its normal operational use is moved at less than 25 miles per hour on the highway, shall display a “Slow Moving Vehicle” emblem complying with the specifications set forth in Section 7 of this regulation.
2. All road construction or maintenance machinery when engaged in actual construction or maintenance work guarded by a flagman or clearly visible warning signs need not display the “Slow Moving Vehicle” emblem.
3. All machinery, equipment and vehicles displaying such Slow Moving Vehicle emblem, when being transported or moved on the highways at speeds in excess of 25 miles per hour, shall have the Slow Moving Vehicle emblem removed or covered when being so moved or transported.
4. Any combination of slow moving vehicles, i.e., tractor-trailers, shall display the “Slow Moving Vehicle” emblem on the rearmost unit of the combination.
5. The Slow Moving Vehicle emblem shall be mounted as near the center as possible on the rear of the vehicle at a height of not less than 2 feet nor more than 6 feet from the ground to the bottom edge of the emblem. Such emblem will be mounted with a point of the triangle at the top and shall be mounted in a plane perpendicular to the direction of travel.
6. The requirements for such emblem shall be in addition to any other lighting devices required by law.
7. Specifications for SLOW MOVING VEHICLE Emblem.
A. Description:
B. Performance Requirements:
(Lr) (d2)
mill-galvanized or coated sheet steel with the surface clean and receptive to a durable bond. The backing material shall be free of burrs. NOTE: These requirements are minimal and do not preclude the use of materials having superior performance.
C. Test Procedures:
8. All “Slow Moving Vehicle” emblems must be approved for use and sale in the State of Colorado by the Department of Revenue. Such approval shall be accomplished through the A.A.M.V.A. Equipment Approval Section, Washington, D.C.
FIG. 1 - IDENTIFICATION EMBLEM _________________________________________________________________________ Editor’s Notes History Rule 41 eff. 03/30/2010.
Rule 2 recodified from 1 CCR 204-9; Rules 1, 3, 5-38 and 40 recodified from 1 CCR 204-14; and Rule 4 recodified from 1 CCR 204-15 eff. 04/01/2010.
Rules 44, 47 emer. rules eff. 09/01/2010.
Rule 1 eff. 09/14/2010.
Rules 2, 40 eff. 09/30/2010.
Rules 23, 42, 46 eff. 11/14/2010.
Rules 34, 44, 4 eff. 12/15/2010.
Rules 4, 16, 43, 45 eff. 12/30/2010.
Rules 12, 13 eff. 02/14/2011.
Rules 5, 48 eff. 03/02/2011. Rules 7, 18, 19, 36 repealed eff. 03/02/2011. Rule 2 eff. 03/17/2011.
Rule 25 emer. rule eff. 12/23/2011.
Rules 16, 23, 37 eff. 01/14/2012.
Rule 25 eff. 04/14/2012.
Rule 48 eff. 06/30/2012.
Rules 18, 19 eff. 01/14/2013.
Rule 23 eff. 01/30/2013.
Rules 15, 17, 25 eff. 06/30/2013.
Rules 31, 39 eff. 07/30/2013.
Rule 26 eff. 08/14/2013.
Rule 2 eff. 09/14/2013.
Rule 11 eff. 10/15/2013.
Rule 8 eff. 12/30/2013.
Rules 17, 28 eff. 06/30/2014.
Rule 36 emer. rule eff. 08/21/2014.
Rule 12 eff. 08/30/2014.
Rule 50 recodified from 1 CCR 204-5 eff. 12/05/2014.
Rule 36 eff. 12/15/2014.
Rule 7 recodified from 1 CCR 204-21 eff. 01/14/2015.
Rule 24 repealed eff. 03/17/2015.
Rule 14 recodified as 1 CCR 210-3 eff. 04/01/2015.
Rule 29 repealed eff. 06/14/2015.
Rules 20, 25 eff. 07/30/2015. Rule 27 repealed eff. 07/30/2015. Rules 3, 46 repealed eff. 09/14/2015.
Rule 18 eff. 11/14/2015.
Rule 31 eff. 12/15/2015.
Rule 4 eff. 01/14/2016.
Rule 5 eff. 01/30/2016.
Rule 9 eff. 03/01/2016.
Rule 10 eff. 05/30/2016.
Rule 11 eff. 06/14/2016. Rule 21 repealed eff. 06/14/2016. Rules 19, 22 eff. 07/30/2016.
Rule 37 repealed eff. 08/30/2016.
Rule 35 eff. 09/14/2016.
Rule 34 eff. 12/30/2016.
Rule 15 repealed eff. 03/02/2017.