1. (1) No collision damage waiver subject to this part 2 shall contain an exclusion from the waiver for damages caused by the ordinary negligence of the lessee. Any such exclusion in violation of this section will be void and is a deceptive trade practice under this article. This section shall not be deemed to prohibit an exclusion from the waiver for damages caused by the lessee by:

   1. (a) Willful and wanton conduct or misconduct;
   2. (b) Intoxication by alcohol or use of controlled substances as defined in section 42-4-1301, C.R.S.;
   3. (c) Participation in a speed contest;
   4. (d) Carrying persons or property for hire, or pushing or towing anything;
   5. (e) Use of the vehicle while committing a misdemeanor or felony or other criminal act;
   6. (f) Use of the vehicle by an unauthorized driver, which includes any person not specifically authorized by the rental agreement;
   7. (g) Supplying information which is false concerning the rental transaction with intent to defraud the lessor;
   8. (h) Use of the vehicle outside the continental United States, unless specifically authorized by the rental agreement; and
   9. (i) Any instance whereby, during the rental of such rental motor vehicle, the speedometer or odometer is tampered with or disconnected.

Source: L. 89: Entire part added, p. 362, § 1, effective January 1, 1990. L. 94: (1)(b) amended, p. 2544, § 15, effective January 1, 1995.