C.R.S. § 42-10-109 — CO Code / Title 42 / Article 10 / Section 42-10-109
42-10-109. Buyback notice
Status: in_force

42-10-109. Buyback notice. (1) If the motor vehicle is returned pursuant to section 42-10-103 (1), a manufacturer, a manufacturer's agent, or a manufacturer's authorized dealer shall, before the resale of the motor vehicle in this state:

(a) Notify the department of revenue that the motor vehicle was returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer pursuant to section 42-10-103 (1);

(b) Attach a decal to the motor vehicle that clearly and conspicuously reads "Lemon Law Buyback" on the body post to which the driver's door latches, also known as the driver's door B pillar, on the date the motor vehicle is returned and shall not remove the decal; and

(c) Apply for a lemon law buyback branded certificate of title pursuant to article 6 of this title 42 in the manufacturer's, the manufacturer's agent's, or the manufacturer's authorized dealer's name.

(2) A seller of a motor vehicle, including a manufacturer or dealer, who knows or should have known that the motor vehicle is a lemon law buyback vehicle shall clearly and conspicuously disclose that the motor vehicle is a lemon law buyback vehicle before the sale of the motor vehicle.

(3) The seller of a lemon law buyback vehicle shall not remove a lemon law buyback decal from the lemon law buyback vehicle.
C.R.S. § 42-4-409 — CO Code / Title 42 / Article 4 / Part 4 / Section 42-4-409
42-4-409. Improper representation of a diesel inspection station
Status: in_force

42-4-409. Improper representation of a diesel inspection station. (1) The executive director shall have the authority to suspend or revoke the diesel inspection license and unused certification of diesel emissions control forms held by a licensed inspection station for the following reasons:

(a) The station is not equipped as required;

(b) The station is not operating from a location for which licensure was granted;

(c) The licensed location has been altered so that it no longer qualifies as a diesel inspection station;

(d) Diesel inspections are not being performed with applicable laws, rules, or regulations of the commission or the executive director.

(2) The executive director shall also have authority to suspend or revoke the license of a diesel emissions inspector and require surrender of such license when the executive director determines that the inspector is not qualified to perform the diesel inspection or when inspections do not comply with applicable laws and the rules and regulations of the executive director or commission.
C.R.S. § 42-1-202 — CO Code / Title 42 / Article 1 / Part 2 / Section 42-1-202
42-1-202. Have charge of all divisions
Status: in_force

42-1-202. Have charge of all divisions. The supervisor shall have charge of all divisions as provided in articles 1 to 4 of this title to carry out the purposes of said articles.
C.R.S. § 42-1-215 — CO Code / Title 42 / Article 1 / Part 2 / Section 42-1-215
42-1-215. Oaths
Status: in_force

42-1-215. Oaths. The executive director of the department, the deputy director of the department, the supervisor, and the authorized agents of the department are empowered to administer oaths or affirmations as provided in articles 1 to 4 of this title.
C.R.S. § 42-7-413 — CO Code / Title 42 / Article 7 / Part 4 / Section 42-7-413
42-7-413. Motor vehicle liability policy
Status: in_force

42-7-413. Motor vehicle liability policy. (1) "Motor vehicle liability policy", as used in this article, means a policy of liability insurance issued by an insurance carrier authorized to transact business in this state to or for the benefit of the person named therein as insured, which policy shall meet the following requirements:

(a) The policy of liability insurance shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby intended to be granted.

(b) The policy of liability insurance shall insure the person named therein and any other person using or responsible for the use of said motor vehicle with the express or implied permission of said insured.

(c) The policy of liability insurance shall insure every such person on account of the maintenance, use, or operation of the motor vehicle within the continental limits of the United States or Canada against loss from the liability imposed by law; for damages, including damages for care and loss of services arising from such maintenance, use, or operation to the extent and aggregate amount, exclusive of interest and costs, with respect to each such motor vehicle, in the amounts specified in section 42-7-103 (2).

(2) When an operator's policy of liability insurance is required, it shall insure the person named therein as insured against the liability imposed by law upon the insured for bodily injury to or death of any person or damage to property to the amounts and limits set forth in paragraph (c) of subsection (1) of this section and growing out of the use or operation by the insured within the continental limits of the United States or Canada of any motor vehicle not owned by the insured.

(3) Any liability policy issued under this section need not cover any liability of the insured assumed by or imposed upon said insured under any workers' compensation law nor any liability for damage to property in charge of the insured or the insured's employees.

(4) Any such policy of liability insurance may grant any lawful coverage in excess of or in addition to the coverage specified in this section or contain any agreements, provisions, or stipulations not in conflict with the provisions of this article and not otherwise contrary to law.

(5) Any motor vehicle liability policy which by endorsement contains the provisions required under this section shall be sufficient proof of ability to respond in damages.

(6) The department may accept several policies of one or more such carriers which together meet the requirements of this section.

(7) Any binder pending the issuance of any policy of liability insurance, which binder contains or by reference includes the provisions under this section, shall be sufficient proof of ability to respond in damages.
C.R.S. § 42-20-406 — CO Code / Title 42 / Article 20 / Part 4 / Section 42-20-406
42-20-406. Violations - civil penalties - motor vehicles
Status: in_force

42-20-406. Violations - civil penalties - motor vehicles. (1) Any person who violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except for the violations enumerated in subsection (3) of this section and section 42-20-505, is subject to a civil penalty of not more than ten thousand dollars per day for each day during which the violation occurs. The penalty shall be assessed by the chief upon receipt of a complaint by any Colorado state patrol officer and after written notice and an opportunity for a hearing pursuant to section 24-4-105. Payment of a civil penalty under this section does not relieve any person from liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title 29. Any person who is assessed a penalty pursuant to this subsection (1) has the right to appeal the chief's decision by filing a notice of appeal with the court of appeals as specified in section 24-4-106 (11).

(2) Any person who commits any of the acts enumerated in subsection (3) of this section is subject to the civil penalty listed in said subsection (3). Officers of the Colorado state patrol have the authority to issue civil penalty assessments for the enumerated violations. At any time that a person is cited for a violation enumerated in subsection (3) of this section, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a civil penalty assessment notice. The notice shall be tendered by the officer of the Colorado state patrol and must contain the name and address of the person, the license number of the motor vehicle involved, if any, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of his or her receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court should the prescribed penalty not be paid within ten days. Every cited person shall execute the signed acknowledgment of his or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified in subsection (3) of this section for the violation involved at the office of the department of revenue either in person or by postmarking such payment within ten days of the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after the payment becomes due. If the person cited does not pay the prescribed penalty within ten days of the notice, the civil penalty assessment notice shall constitute a complaint to appear in court unless payment for the penalty assessment has been accepted by the department of revenue as evidenced by receipt, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint with the county court for the county in which the penalty assessment was issued. The attorney general shall represent the Colorado state patrol if so requested by the Colorado state patrol.

(3) The following penalties apply only to the transportation of nuclear materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:

(a) Any person who operates a motor vehicle without a driver's log book in his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.

(b) Any person who operates a motor vehicle without maintaining a driver's log book in current condition, in accordance with 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.

(c) Any person who enters false information in a driver's log book in violation of 49 CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.

(d) Any person who exceeds maximum driving or on duty time, as established by 49 CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.

(e) Any person who fails to produce his or her driver's log book on demand of any law enforcement official or port of entry personnel in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.

(f) Any person who fails to have a valid medical certificate in his or her possession, in accordance with 49 CFR 391.43, shall be assessed a civil penalty of one hundred dollars.

(g) Any person who operates a motor vehicle without meeting driver qualifications, as established in 49 CFR 177.800 (c) and section 42-20-501, shall be assessed a civil penalty of five hundred dollars.

(h) Any person who carries an unauthorized passenger, as defined in 49 CFR 392.60, shall be assessed a civil penalty of one hundred dollars.

(i) Any person who operates a motor vehicle while that person is declared to be out of service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of five hundred dollars.

(j) Any person who operates an unsafe vehicle, as described in 49 CFR 396.7, shall be assessed a civil penalty of one hundred fifty dollars.

(k) Any person who operates a motor vehicle without correcting defects as noted on a safety inspection report in violation of 49 CFR 396.9 shall be assessed a civil penalty of five hundred dollars.

(l) Any person who operates a motor vehicle while that vehicle is declared to be out of service, as defined in 49 CFR 396.9 (c)(2), shall be assessed a civil penalty of one thousand dollars.

(m) Any person who transports nuclear materials without proper visibility and display of placards in violation of 49 CFR 172.504 shall be assessed a civil penalty of two hundred dollars.

(n) Any person who transports nuclear materials without proper placards, as provided in 49 CFR 172.504, shall be assessed a civil penalty of five hundred dollars.

(o) Any person who displays nuclear materials placards on vehicles not transporting nuclear materials in violation of 49 CFR 172.502 shall be assessed a civil penalty of one hundred dollars.

(p) Any person who fails to have hazardous materials shipping papers in conformance with 49 CFR 177.817 shall be assessed a civil penalty of five hundred dollars.

(q) Any person who parks a motor vehicle transporting nuclear materials in violation of 49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.

(r) Any person who violates a provision of section 42-20-508 or the rules adopted pursuant thereto shall be assessed a civil penalty of five hundred dollars.

(s) Any person who improperly fills out the shipping papers required by 49 CFR 172, subpart C, shall be assessed a civil penalty of five hundred dollars.

(t) Any person who fails to report a nuclear incident, or fails to take necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed a civil penalty of five hundred dollars.

(u) Any person who supplies inaccurate information in, or who fails to comply with, the route plan required by 49 CFR 397.101 (d) shall be assessed a civil penalty of five hundred dollars.

(v) Any person who transports nuclear materials in violation of the radiation level limitations established in 49 CFR 173.441 shall be assessed a civil penalty of one thousand dollars.

(w) Any person who transports nuclear materials in excess of the maximum permissible transport index, as provided in 49 CFR 173, shall be assessed a civil penalty of one thousand dollars.
C.R.S. § 42-3-248 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-248
42-3-248. Special plates - Amyotrophic lateral sclerosis (ALS)
Status: in_force

42-3-248. Special plates - Amyotrophic lateral sclerosis (ALS). (1) Beginning the later of January 1, 2016, or when the Rocky Mountain Chapter of the ALS Association has complied with section 42-3-207 (6), the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) (a) There is hereby established the ALS license plate. The department may stop issuing the ALS license plate if three thousand license plates are not issued by July 1, 2020. A person who was issued an ALS license plate on or before July 1, 2020, may continue to use the license plate after July 1, 2020, regardless of whether the department stops issuing the special license plate.

(b) The Rocky Mountain Chapter of the ALS Association may design the special license plate, but the plate must conform to standards established by the department.

(3) A person may apply for an ALS license plate if the person pays the taxes and fees required under this section.

(4) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuance or replacement of the license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund created in section 43-4-201, C.R.S.

(5) An applicant may apply for personalized ALS license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of ALS license plates for the vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. A person who has obtained personalized ALS license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of the personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees.
C.R.S. § 42-7-506 — CO Code / Title 42 / Article 7 / Part 5 / Section 42-7-506
42-7-506. Surrender of license
Status: in_force

42-7-506. Surrender of license. (1) Any person whose license has been suspended as provided in this article 7 and has not been reinstated shall immediately return such license held by such person to the director. Any person willfully failing to comply with this requirement commits a class A traffic infraction.

(2) The director is authorized to take possession of any license upon the suspension thereof under the provisions of this article or to direct any peace officer to take possession thereof and to return the same to the office of the director.
C.R.S. § 42-4-1701 — CO Code / Title 42 / Article 4 / Part 17 / Section 42-4-1701
42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge
Status: in_force

42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (1) It is a traffic infraction for any person to violate any of the provisions of articles 1 to 3 of this title 42 and parts 1 to 3 and 5 to 19 of this article 4 unless such violation is, by articles 1 to 3 of this title 42 and parts 1 to 3 and 5 to 19 of this article 4 or by any other law of this state, declared to be a felony, misdemeanor, petty offense, civil infraction, or misdemeanor traffic offense. Such a traffic infraction constitutes a civil matter.

(2) (a) For the purposes of this part 17, "judge" shall include any county court magistrate who hears traffic infraction matters, but no person charged with a traffic violation other than a traffic infraction or class 2 misdemeanor traffic offense shall be taken before a county court magistrate.

(b) For the purposes of this part 17, "magistrate" shall include any county court judge who is acting as a county court magistrate in traffic infraction and class 2 misdemeanor traffic offense matters.

(3) (a) (I) Except as provided in subsections (4) and (5) of this section or the section creating the infraction, traffic infractions are divided into two classes which shall be subject to the following penalties which are authorized upon entry of judgment against the defendant:

Class Minimum Maximum

Penalty Penalty

A $15 penalty $100 penalty

B $15 penalty $100 penalty

(II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4, and 42-4-1307, or the section creating the offense, misdemeanor traffic offenses are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:

Class Minimum Maximum

Sentence Sentence

1 Ten days imprisonment, One year imprisonment,

or $300 fine, or both or $1,000 fine, or both

2 Ten days imprisonment, Ninety days imprisonment,

or $150 fine, or both or $300 fine, or both

(B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be required to pay restitution as required by article 18.5 of title 16, C.R.S., and may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by sub-subparagraph (A) of this subparagraph (II), subject to the conditions and restrictions of section 18-1.3-507, C.R.S.

(b) Any traffic infraction or misdemeanor traffic offense defined by law outside of articles 1 to 4 of this title shall be punishable as provided in the statute defining it or as otherwise provided by law.

(c) The department has no authority to assess any points under section 42-2-127 upon entry of judgment for any class B traffic infractions.

(4) (a) (I) Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions is fifteen dollars, and the surcharge is four dollars. These penalties and surcharges apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) of this section, is found guilty by a court of competent jurisdiction, or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections are as follows:

Section Violated Penalty Surcharge

(A) Driver's license violations:

42-2-101 $ 35.00 $ 10.00

42-2-101 (2), (3), or (5) 15.00 6.00

42-2-103 15.00 6.00

42-2-105 70.00 10.00
C.R.S. § 42-4-1811 — CO Code / Title 42 / Article 4 / Part 18 / Section 42-4-1811
42-4-1811. Penalty
Status: in_force

42-4-1811. Penalty. Unless otherwise specified in this part 18, any person who knowingly violates any of the provisions of this part 18 commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 42-4-1106 — CO Code / Title 42 / Article 4 / Part 11 / Section 42-4-1106
42-4-1106. Minimum speed in left lane - interstate 70
Status: in_force

42-4-1106. Minimum speed in left lane - interstate 70. (1) Where the average grade is six percent or more uphill for at least one mile, no person shall operate a motor vehicle in the far left lane of traffic of interstate 70 at a speed of less than the lower of ten miles per hour below the speed limit or the minimum speed set by the department of transportation, except if:

(a) Necessary to obey traffic control devices;

(b) Necessary to exit or enter interstate 70;

(c) Weather or traffic conditions require speeds slower than the speed limit necessary under section 42-4-1101; or

(d) Necessary because of a lane closure or blockage.

(2) The department of transportation shall post signs giving the public notice of this section.
C.R.S. § 42-3-118 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-118
42-3-118. Registration suspended upon theft - recovery - rules
Status: repealed

42-3-118. Registration suspended upon theft - recovery - rules.

(1) Repealed.

(2) (a) After receiving an application for a motor vehicle registration, the department or its authorized agent shall electronically verify with the department of public safety that the motor vehicle has not been reported stolen. The department or its authorized agent shall not register a motor vehicle reported stolen in the system until the vehicle is recovered by the owner. The department shall promulgate rules setting forth procedures to notify the local law enforcement agency upon discovery that a person is attempting to register a stolen motor vehicle.

(b) This subsection (2) is effective July 1, 2009.
C.R.S. § 42-11-108 — CO Code / Title 42 / Article 11 / Section 42-11-108
42-11-108. Remedies
Status: in_force

42-11-108. Remedies. The provisions of this article shall be available to any service contract holder in a civil action for any claim against a motor vehicle service contract provider. The court shall award reasonable attorney fees and costs to a prevailing party in any civil action brought to enforce the provisions of this article.
C.R.S. § 42-4-1702 — CO Code / Title 42 / Article 4 / Part 17 / Section 42-4-1702
42-4-1702. Alcohol- or drug-related traffic offenses - collateral attack
Status: in_force

42-4-1702. Alcohol- or drug-related traffic offenses - collateral attack. (1) No person against whom a judgment has been entered for DUI, DUI per se, DWAI, or UDD shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment.

(2) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (1)(a) of this section are:

(a) A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;

(b) A case in which the court entering judgment did not have jurisdiction over the person of the violator;

(c) Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a mental health disorder; or

(d) Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
C.R.S. § 42-4-313 — CO Code / Title 42 / Article 4 / Part 3 / Section 42-4-313
42-4-313. Penalties
Status: repealed

42-4-313. Penalties. (1) (a) No person shall make, issue, or knowingly use any imitation or deceptively similar or counterfeit certification of emissions control form.

(b) No person shall possess a certification of emissions control if such person knows the same is fictitious, or was issued for another motor vehicle, or was issued without an emissions inspection having been made when required.

(c) Any person who violates any provision of this subsection (1) is guilty of a class A traffic infraction.

(2) (a) No emissions inspector or emissions mechanic shall issue a certification of emissions control for a motor vehicle which does not qualify for the certification or verification issued.

(b) Any emissions inspector or emissions mechanic who issues a certification of emissions control in violation of subsection (2)(a) of this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.

(3) (a) No person shall operate a motor vehicle registered or required to be registered in this state, nor shall any person allow such a motor vehicle to be parked on public property or on private property available for public use, without such vehicle having passed any necessary emissions test. The owner of any motor vehicle that is in violation of this paragraph (a) shall be responsible for payment of any penalty imposed under this section unless such owner proves that the motor vehicle was in the possession of another person without the owner's permission at the time of the violation.

(b) (Deleted by amendment, L. 2001, p. 1025, § 11, effective June 5, 2001.)

(c) Any vehicle owner who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifty dollars payable within thirty days after conviction.

(d) Any nonowner driver who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars, payable within thirty days after conviction.

(e) The owner or driver may, in lieu of appearance, submit to the court of competent jurisdiction, within thirty days after the issuance of the notice and summons, the certification or proof of mailing specified in this subsection (3).

(f) Any fine collected pursuant to the provisions of this subsection (3) shall be retained by the jurisdiction in whose name such penalty was assessed.

(g) Nothing in this section shall be construed to limit the authority of any municipality, city, county, or city and county to adopt and enforce an ordinance or resolution pertaining to the enforcement of emissions control inspection requirements.

(h) to (j) Repealed.

(4) (a) For the emissions program, a contractor who is awarded a contract to perform emissions inspections within the emissions program area shall be held accountable to the department of public health and environment and the department of revenue. Any such contractor shall be subject to civil penalties in accordance with this section or article 7 of title 25, C.R.S., as appropriate, for any violation of applicable laws or rules and regulations of the department of revenue or the commission.

(b) (I) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive director may suspend for a period not less than six months the license of any operator or employee operating an inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or may impose an administrative fine pursuant to subparagraph (II) of this paragraph (b), or may both suspend a license and impose a fine, if any such operator or employee, inspection-only facility, fleet inspection station, or motor vehicle dealer test facility engages in any of the following:

(A) Intentionally passing a failing vehicle;

(B) Performing any test by an unlicensed inspector;

(C) Performing a test on falsified test equipment;

(D) Failing a passing vehicle;

(E) Flagrantly misusing control documents; or

(F) Engaging in a pattern of noncompliance with any regulations of the department of revenue or the commission.

(II) The contract for operation of enhanced inspection centers shall specify administrative fines to be imposed for the violations enumerated in subparagraph (I) of this paragraph (b).

(c) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive director shall impose administrative fines in amounts set by the executive director of not less than twenty-five dollars and not more than one thousand dollars against any operator or employee operating an inspection and readjustment station, an inspection-only facility, or a motor vehicle dealer test facility, or any contractor operating an enhanced inspection center or clean screen contractor that engages in two or more incidents per person, station, facility, or center, of any of the following:

(I) Test data entry violations;

(II) Test sequence violations;

(III) Emission retest procedural violations;

(IV) Vehicle emissions tag replacement test procedural violations;

(V) Performing any emissions test on noncertified equipment;

(VI) Wait-time and lane availability violations;

(VII) Physical emissions test examination violations;

(VIII) Knowingly passing failing vehicles; or

(IX) Knowingly failing passing vehicles.
C.R.S. § 42-3-269 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-269
42-3-269. Special plates - stegosaurus state fossil
Status: in_force

42-3-269. Special plates - stegosaurus state fossil. (1) On January 1, 2024, or when the department is able to issue the plates, the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) (a) There is established the stegosaurus state fossil license plate.

(b) The department shall use a design from an organization designated under subsection (3)(a) of this section, but the design must conform to department standards and be approved by the department.

(3) (a) At least once every five years, the department shall designate an organization to qualify applicants to be issued the stegosaurus state fossil license plate. The organization must:

(I) Be headquartered in Colorado;

(II) Have been in existence for at least five years;

(III) Be a nonprofit organization exempt from taxation;

(IV) Provide educational services about the science and history of dinosaurs, dinosaur fossils, and related paleontology sites in Colorado;

(V) Support the stewardship and preservation of dinosaur fossils, tracks, and other natural resources;

(VI) Manage land and paleontology sites that are registered as part of a national natural landmark; and

(VII) Have been conducting preservation, stewardship, and management of dinosaur fossils, dinosaur tracks, paleontology sites, and other natural resources for at least five years.

(b) A person may apply for a stegosaurus state fossil license plate if the person pays the taxes and fees required under this section and provides to the department or an authorized agent a certificate issued by the organization designated under subsection (3)(a) of this section confirming that the applicant has made a donation to the organization. The organization may establish a minimum donation amount to qualify for the license plate. The organization shall use each donation to provide educational programs about dinosaurs to children, families, and others and preserve dinosaur fossils, dinosaur tracks, and other significant prehistoric sites in the state.

(c) To be eligible to qualify applicants for the stegosaurus state fossil license plate, the organization designated under subsection (3)(a) of this section must file with the department an annual statement verifying that it is a nonprofit organization.

(4) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees for regular motor vehicle license plates; except that the department shall collect an additional one-time fee of twenty-five dollars for issuance or replacement of the license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund created in section 43-4-201.

(5) An applicant may apply for personalized stegosaurus state fossil license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of stegosaurus state fossil license plates for the vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. A person who has obtained personalized license plates under this subsection (5) must pay the annual fee imposed by section 42-3-211 (6)(b) to renew the personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees.
C.R.S. § 42-1-206 — CO Code / Title 42 / Article 1 / Part 2 / Section 42-1-206
42-1-206. Records open to inspection - furnishing of copies - rules
Status: repealed

42-1-206. Records open to inspection - furnishing of copies - rules. (1) (a) Except as provided in part 2 of article 72 of title 24, C.R.S., and subsection (6) of this section, all records made public records by any provision of this title and kept in the office of the department shall be open to inspection by the public during business hours under such reasonable rules relating thereto as the executive director of the department may prescribe.

(b) (I) For purposes of subsections (1) to (3) and (5) of this section, "law" means the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721 et seq., the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq., part 2 of article 72 of title 24, part 21 of article 30 of title 24, article 74 of title 24, and this section. The department shall prepare a requester release form and make the form available to the department's authorized agents. The form must include the following:

(A) A statement indicating whether the requester will use the motor vehicle or driver records or transfer or resell such records to another person for any purpose prohibited by law;

(B) A warning that any person using motor vehicle or driver records, or obtaining, reselling, or transferring these records, for purposes prohibited by law may be subject to civil or criminal penalties under federal and state law; and

(C) An affidavit of intended use that states that such requester shall not obtain, use, resell, or transfer the information for any purpose prohibited by law.

(II) The department or an authorized agent shall require any person, other than a person in interest as defined in section 24-72-202 (4), C.R.S., or a federal, state, or local government agency carrying out its official functions, requesting inspection of a motor vehicle or driver record from the department or agent individually or in bulk, to sign a requester release form and, under penalty of perjury, an affidavit of intended use prior to providing the record to such person. The department or authorized agent may allow inspection of motor vehicle and driver records only as authorized under section 24-72-204 (7), C.R.S.

(2) (a) Except as provided in subsection (6) of this section, upon written application and the payment of a fee per copy, or a record search for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident report specifically made a public record by this title and shall, if requested, certify the same. The department shall set the fee in accordance with section 42-2-114.5. The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(b) An authorized agent of the department shall not provide the service of furnishing copies of certain records to members of the public if copies of such records are available to the public directly from the department.

(3) Repealed. / (Deleted by amendment, L. 99, p. 345, § 3, effective April 16, 1999.)

(3.5) (a) The department shall not sell, permit the sale of, or otherwise release to anyone other than the person in interest any photograph, electronically stored photograph, digitized image, fingerprint, or social security number filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121 (2)(c)(I)(F) or (2)(c)(I)(H).

(b) Nothing in this subsection (3.5) shall prevent the department from sharing any information with a criminal justice agency as defined in section 24-72-302 (3); except that this subsection (3.5) does not apply to a request made for the purpose of investigating for, participating in, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325 and 8 U.S.C. sec. 1326, except as required by federal law or state law or as required to comply with a court-issued subpoena, warrant, or order.

(c) (Deleted by amendment, L. 2000, p. 1340, § 2, effective May 30, 2000.)

(d) The department of revenue shall make every effort to retrieve all copies of photographs, electronically stored photographs, or digitized images that may have been sold by the department under subsection (3), as said subsection existed prior to its repeal in 1999, of this section.

(e) Notwithstanding subsection (3.5)(a) of this section or part 3 of article 72 of title 24, the department may transmit the driver or cardholder image from its driver's license and identification card records to the driver licensing agency of any other state for the purposes of identifying driver's license applicants and violators. The department may promulgate rules to implement this provision.

(3.7) (a) The department shall establish a system to allow bulk electronic transfer of information to primary users and vendors who are permitted to receive such information pursuant to section 24-72-204 (7), C.R.S. Bulk transfers to vendors shall be limited strictly to vendors who transfer or resell such information for purposes permitted by law. Such information shall consist of the information contained in a driver's license application under section 42-2-107, a driver's license renewal application under section 42-2-118, a duplicate driver's license application under section 42-2-117, a commercial driver's license application under section 42-2-403, an identification card application under section 42-2-302, a motor vehicle title application under section 42-6-116, a motor vehicle registration application under section 42-3-113, or other official record or document maintained by the department under section 42-2-121.

(b) The department shall promulgate rules governing annual contracts with primary users and vendors for the purpose of establishing bulk electronic transfer of information to primary users and vendors pursuant to an annual affidavit and release form and shall require that the contracts include, at a minimum:

(I) A provision for a reasonable fee that encompasses all direct costs of the department related to the bulk electronic transfer of information to that primary user or vendor;

(II) A provision that prohibits any use not otherwise authorized by law;

(III) A provision that requires the primary user or vendor to specify the designated use and recipients of the information; and

(IV) A provision that prohibits any resale or transfer of the information other than as specified in the contract or in a manner that is prohibited by law.

(c) Repealed.

(d) The department shall provide bulk electronic transfer in accordance with the limitations and restrictions regarding release of information in this section as well as section 24-72-204, C.R.S. The department shall not release photographs, electronically stored photographs, digitized images, or fingerprints filed with, maintained by, or prepared by the department through bulk electronic transfer.

(e) The department shall forward all fees collected pursuant to contracts entered into with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who shall credit the same to the highway users tax fund. The general assembly shall make annual appropriations from the general fund for the costs associated with the administration of this subsection (3.7).

(f) The executive director of the department shall promulgate rules as are consistent with current law and necessary to carry out the provisions of this subsection (3.7).

(4) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(5) A person who willfully and knowingly obtains, resells, transfers, or uses information in violation of law:

(a) Is liable to any injured party for treble damages, reasonable attorney fees, and costs;

(b) Is subject to being denied access to the records by the department. The department may temporarily or permanently deny access to or place restrictions on the access of a person who violates this subsection (5).

(6) The record of conviction and actions taken by the department for violating section 18-13-122 or 44-3-901 (1)(d), held by the department of revenue, shall not be a public record after the period of revocation imposed under such sections has been concluded; except that this subsection (6) shall not prevent the department from sharing such information with a criminal justice agency as defined in section 24-72-302 (3).
C.R.S. § 42-4-2201 — CO Code / Title 42 / Article 4 / Part 22 / Section 42-4-2201
42-4-2201. Definitions
Status: in_force

42-4-2201. Definitions. As used in this part 22, unless the context otherwise requires:

(1) "Auto parts recycler" means any person that purchases motor vehicles for the purpose of dismantling and selling the components thereof and that complies with all federal, state, and local laws and regulations.

(2) "Licensed motor vehicle dealer" means a motor vehicle dealer that is licensed pursuant to part 1 of article 20 of title 44.

(3) "Operator" means a person or a firm licensed by the public utilities commission as a towing carrier.

(4) "Recycling" means:

(a) Crushing or shredding a motor vehicle to produce scrap metal that may be used to produce new products; or

(b) Dismantling a motor vehicle to remove reusable parts prior to recycling the remainder of the vehicle.

(5) "System" means the Colorado motor vehicle verification system created in section 42-4-2203.
C.R.S. § 42-2-208 — CO Code / Title 42 / Article 2 / Part 2 / Section 42-2-208
42-2-208. Computation of number of convictions
Status: in_force

42-2-208. Computation of number of convictions. With respect to persons charged as habitual offenders, in computing the number of convictions, all convictions must result from offenses occurring on or after July 1, 1973.
C.R.S. § 42-7-607 — CO Code / Title 42 / Article 7 / Part 6 / Section 42-7-607
42-7-607. Part 6 not to supersede other provisions
Status: in_force

42-7-607. Part 6 not to supersede other provisions. This part 6 shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this article.
C.R.S. § 42-6-147 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-147
42-6-147. Central registry - rules
Status: in_force

42-6-147. Central registry - rules. (1) The director shall maintain a central registry of electronic files for all certificates of title, mortgages, liens, releases of liens or mortgages, and extensions. The authorized agents shall transmit all electronic filing information to the director for maintenance of the registry. The director shall promulgate rules:

(a) To determine when an electronic signature is acceptable for the purposes of filing certificate of title documents; and

(b) As may be necessary for the administration of electronic filing of certificates of title and all related documents.

(2) The director shall develop a plan to implement electronic filing on a statewide basis. The director shall encourage participation by the counties in an electronic filing system. The director shall begin the implementation of the electronic filing system no later than July 1, 2001, and shall complete the statewide implementation of electronic filing no later than July 1, 2006. The director may grant an exclusion from participation in the electronic filing system upon application by an individual county that demonstrates reasonable cause why electronic filing would be burdensome to the county.
C.R.S. § 42-4-2401 — CO Code / Title 42 / Article 4 / Part 24 / Section 42-4-2401
42-4-2401. Definitions
Status: in_force

42-4-2401. Definitions. As used in this part 24, unless the context otherwise requires:

(1) "Event data" means records of one or more of the following categories of information concerning a motor vehicle, which records are captured by an event data recorder:

(a) Whether the vehicle's airbag deployed;

(b) Vehicle speed;

(c) Vehicle direction;

(d) Vehicle location;

(e) Vehicle steering performance or use;

(f) Vehicle brake performance or use; or

(g) Vehicle seatbelt status or use.

(2) "Event data recorder" means a device or feature that is installed by the manufacturer of a motor vehicle for the purpose of capturing or transmitting retrievable event data.

(3) "Owner" means:

(a) A person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle, regardless of whether the person lends, rents, or creates a security interest in the vehicle;

(b) A person entitled to possession of a motor vehicle as the purchaser under a security agreement; or

(c) A person entitled to possession of a vehicle as lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception.

(4) "Owner's agent" means a natural person authorized by the owner within the last thirty days or the owner's representative as defined by section 13-20-702 (3).
C.R.S. § 42-4-708 — CO Code / Title 42 / Article 4 / Part 7 / Section 42-4-708
42-4-708. Moving heavy equipment at railroad grade crossing
Status: in_force

42-4-708. Moving heavy equipment at railroad grade crossing. (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.

(2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.

(3) Before making a crossing described in subsection (1) of this section, the person operating or moving the vehicle or equipment:

(a) Shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad;

(b) While stopped, shall listen and look in both directions along the track for any approaching train, for on-track equipment, or for signals indicating the approach of a train or on-track equipment; and

(c) Shall not proceed until the crossing can be made safely.

(4) Before making a crossing described in subsection (1) of this section, the person moving or operating the vehicle or equipment shall ensure that no warning is being given, whether by automatic signal or crossing gates or a flagperson or otherwise, of the immediate approach of a railroad train or on-track equipment.

(5) Subsection (3) of this section does not apply at any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt", which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section.

(6) Any person who violates any provision of this section commits a class B traffic infraction.
C.R.S. § 42-4-305 — CO Code / Title 42 / Article 4 / Part 3 / Section 42-4-305
42-4-305. Powers and duties of executive director - automobile inspection and readjustment
Status: repealed

42-4-305. Powers and duties of executive director - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules. (1) (a) The executive director is authorized to issue, deny, cancel, suspend, or revoke licenses for, and shall furnish instructions to, inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers. The executive director shall provide all necessary forms for inspection and readjustment stations, inspection-only facilities, and fleet inspection stations. Motor vehicle dealer test facilities and enhanced inspection centers shall purchase necessary inspection forms from the vendor or vendors identified by the executive director. Said inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers shall be responsible for the issuance of certifications of emissions control. The executive director is authorized to furnish forms and instructions and issue or deny licenses to, or cancel, suspend, or revoke licenses of, emissions inspectors and emissions mechanics. The initial biennial fee for an inspection and readjustment station license, an inspection-only facility license, a fleet inspection station license, a motor vehicle dealer test facility license, and an enhanced inspection center authorization shall be thirty-five dollars, and the biennial renewal fee shall be twenty dollars. The initial biennial fee for issuance of an emissions inspector license or an emissions mechanic license shall be fifteen dollars, and the biennial renewal fee shall be ten dollars. The fee for each transfer of an emissions inspector license or an emissions mechanic license shall be ten dollars. The moneys received from such fees shall be deposited to the credit of the AIR account in the highway users tax fund, and such moneys shall be expended by the department of revenue only for the administration of the inspection and readjustment program upon appropriation by the general assembly.

(b) Notwithstanding the amount specified for any fee in paragraph (a) of this subsection (1), the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(2) The executive director shall supervise the activities of licensed inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, authorized enhanced inspection centers, licensed emissions inspectors, and licensed emissions mechanics and shall cause inspections to be made of such stations, facilities, centers, inspectors, and mechanics and appropriate records for compliance with licensing requirements.

(3) The executive director shall require the surrender of any license issued under section 42-4-308 upon cancellation, suspension, or revocation action taken for a violation of any of the provisions of sections 42-4-301 to 42-4-316 or of any of the regulations promulgated pursuant thereto. In any such actions affecting licenses, the executive director may conduct hearings as a result of which such action is to be taken. Any such hearing may be conducted by a hearing officer appointed at the request of the executive director in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., which shall govern the conduct of such hearings and action on said licenses, except as provided in section 42-4-312 (4).

(4) The executive director shall promulgate rules and regulations consistent with those of the commission for the administration and operation of inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers and for the issuance, identification, and use of certifications of emissions control and shall promulgate such rules and regulations as may be necessary to the effectiveness of the automobile inspection and readjustment program.

(5) The executive director shall promulgate rules and regulations which require that each licensed inspection and readjustment station, inspection-only facility, or enhanced inspection center post in a clearly legible fashion in a conspicuous place in such station, facility, or center the fee charged by such station, facility, or center for performing an emissions inspection and, within the basic program area, the fee charged by any such inspection and readjustment station for performing the adjustments and any repairs required for the issuance of a certification of emissions waiver.

(6) (a) The executive director shall promulgate such rules and regulations as may be necessary to implement an ongoing quality assurance program to discover, correct, and prevent fraud, waste, and abuse and to determine whether proper procedures are being followed, whether the emissions test equipment is calibrated as specified, and whether other problems exist which would impede the success of the program.

(b) (I) The department shall conduct overt performance audits as follows:

(A) At least twice per year at each inspection and readjustment station, inspection-only facility, and motor vehicle dealer test facility;

(B) At least twice per year at each fleet inspection station;

(C) At least twice per year for each test lane at each enhanced inspection center.

(II) In addition to regularly scheduled overt performance audits, the department may perform additional risk-based overt performance audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.

(c) (I) The department shall conduct covert audits using unmarked motor vehicles at least once per year per number of inspectors at each inspection-only facility and enhanced inspection center;

(II) In addition to regularly scheduled covert audits, the department may perform additional risk-based covert audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.

(d) Record audits to review the performance of inspection-only facilities, motor vehicle dealer test facilities, and enhanced inspection centers, including compliance with record-keeping and reporting requirements, shall be performed on a monthly basis.

(e) (I) The department shall perform equipment audits to verify quality control and calibration of the required test equipment as follows:

(A) At least twice per year at each inspection and readjustment station;

(B) At least twice per year on each test lane at each inspection-only facility, motor vehicle dealer test facility, and enhanced inspection center, to be performed contemporaneously with the overt performance audit;

(C) At least twice per year at each fleet inspection station.

(II) In addition to regularly scheduled equipment audits, the department may perform additional risk-based equipment audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.

(f) The executive director shall transfer quality assurance activity results to the department of public health and environment at least quarterly.

(7) The executive director shall implement and enforce the emissions test requirements as prescribed in section 42-4-310 by utilizing a registration denial-based enforcement program as required in the federal act including an electronic data transfer of inspection data through the use of a computer modem or similar technology for vehicle registration and program enforcement purposes. All inspection data generated at licensed inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers shall be provided to the department of public health and environment on a timely basis.

(8) The executive director shall, by regulation, establish a method for the owners of motor vehicles which are exempt pursuant to section 42-4-304 (20) from the AIR program to establish their entitlement to such exemption. No additional fee or charge for establishing entitlement to such exemption shall be collected by the department.

(9) The executive director shall be responsible for the issuance of certifications of emissions waiver as prescribed by section 42-4-310 and shall be responsible for the resolution of all formal public complaints concerning test results or test requirements in the most convenient and cost-effective manner possible.

(10) (a) The executive director and the department of public health and environment are authorized to enter into a contract or service agreement with a contractor to provide inspection services at enhanced inspection centers for vehicles within the enhanced program area required to be inspected pursuant to section 42-4-310. Any such contract or service agreement shall include such terms and conditions as are necessary to ensure that the contractor shall operate enhanced inspection centers in accordance with the requirements of this article and the federal act, shall include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract, and shall be in accordance with regulations adopted by the commission and the department of revenue. Any such contract or service agreement shall include provisions specifying that inspection and readjustment stations, inspection-only facilities, fleet inspection stations, and motor vehicle dealer test facilities shall have complete access to electronic data transfer of inspection data through computer services of the contractor at a cost equal to that of enhanced inspection centers.

(b) Upon the approval of the executive director and the department of public health and environment, the contractor shall provide inspection services for vehicles within the enhanced program area required to be inspected pursuant to section 42-4-310.

(11) Repealed.

(12) The executive director shall promulgate rules, consistent with those of the commission, as necessary for implementation, enforcement, and quality assurance and for procedures and policies that allow data collected from the clean screen program to be matched with vehicle ownership information and for the information to be transferred to authorized agents. The rules must set forth the procedures for the executive director to inform authorized agents of the emission inspection status of vehicles up for registration renewal.
C.R.S. § 42-4-203 — CO Code / Title 42 / Article 4 / Part 2 / Section 42-4-203
42-4-203. Unsafe vehicles - spot inspections
Status: in_force

42-4-203. Unsafe vehicles - spot inspections. (1) Uniformed police officers, at any time upon reasonable cause, may require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection and such test with reference thereto as may be appropriate. The fact that a vehicle is an older model vehicle shall not alone constitute reasonable cause. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment, the officer may give a written notice and issue a summons to the driver. Said notice shall require that such vehicle be placed in safe condition and properly equipped or that its equipment be placed in proper repair and adjustment, the particulars of which shall be specified on said notice.

(2) In the event any such vehicle is, in the reasonable judgment of such police officer, in such condition that further operation would be hazardous, the officer may require, in addition to the instructions set forth in subsection (1) of this section, that the vehicle be moved at the operator's expense and not operated under its own power or that it be driven to the nearest garage or other place of safety.

(3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1) of this section or mailed pursuant to paragraph (b) of subsection (4) of this section shall comply therewith and shall secure a certification upon such notice by a law enforcement officer that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this article. Said certification shall be returned to the owner or driver for presentation in court as provided for in subsection (4) of this section.

(4) (a) (I) Except as provided for in subparagraph (II) or subparagraph (III) of this paragraph (a), any owner receiving written notice and a summons pursuant to this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars, payable within thirty days after conviction.

(II) If the owner repairs the unsafe condition or installs or adjusts the required equipment within thirty days after issuance of the notice and summons and presents the certification required in subsection (3) of this section to the court of competent jurisdiction, the owner shall be punished by a fine of five dollars.

(III) If the owner submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the owner has disposed of the vehicle for junk parts or immobilized the vehicle and also submits to the court the registration and license plates for the vehicle, the owner shall be punished by a fine of five dollars. If the owner wishes to relicense the vehicle in the future, the owner must obtain the certification required in subsection (3) of this section.

(b) (I) Except as provided for in subparagraph (II) of this paragraph (b), any nonowner driver receiving written notice and a summons pursuant to this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars, payable within thirty days after conviction.

(II) If the driver submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the driver was not the owner of the car at the time the summons was issued and that the driver mailed, within five days of issuance thereof, a copy of the notice and summons by certified mail to the owner of the vehicle at the address on the registration, the driver shall be punished by a fine of five dollars.

(c) Upon a showing of good cause that the required repairs or adjustments cannot be made within thirty days after issuance of the notice and summons, the court of competent jurisdiction may extend the period of time for installation or adjustment of required equipment as may appear justified.

(d) The owner may, in lieu of appearance, submit to the court of competent jurisdiction, within thirty days after the issuance of the notice and summons, the certification specified in subsection (3) of this section and the fine of five dollars.
C.R.S. § 42-4-301 — CO Code / Title 42 / Article 4 / Part 3 / Section 42-4-301
42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of
Status: in_force

42-4-301. Legislative declarations - enactment of enhanced emissions program not waiver of state right to challenge authority to require specific loaded mode transient dynamometer technology in automobile emissions testing. (1) The general assembly hereby finds and declares that sections 42-4-301 to 42-4-316 are enacted pursuant to, and that the program created by said sections is designed to meet, the requirements of the federal "Clean Air Act", as amended by the federal "Clean Air Act Amendments of 1990", 42 U.S.C. sec. 7401 et seq., as the same is in effect on November 15, 1990.

(2) (a) The general assembly further finds and declares that:

(I) The provisions of sections 42-4-301 to 42-4-316 related to the enhanced emissions program are enacted to comply with administrative requirements of rules and regulations of the federal environmental protection agency;

(II) Insofar as such rules and regulations require the use of loaded mode transient dynamometer technology utilizing a system commonly known as the IM 240 in motor vehicle emissions testing, the general assembly finds that reliable scientific data questions the effectiveness of such technology to measure motor vehicle emissions at the high altitude of the Denver metropolitan area;

(III) Less costly automobile emission testing systems may be available which are as effective or more effective at a lower cost to consumers than the loaded mode transient dynamometer test required by the federal environmental protection agency.

(b) (I) The general assembly, therefore, declares that the enactment of sections 42-4-301 to 42-4-316 in no way forecloses or limits the rights of the general assembly or any other appropriate entity of the state of Colorado to retain legal counsel as provided by law to request the federal environmental protection agency to consider alternative automobile emission inspection technology which may relieve Colorado of the requirements of the federal rules and regulations or change such rules and regulations to require a different technology in automobile emissions testing at a substantial savings in cost to consumers and jobs for Coloradans employed in the testing of motor vehicles for emissions compliance.

(II) If the federal agency refuses to alter its policies related to this issue, the general assembly hereby declares that it or any other appropriate entity of the state of Colorado does not waive the right to bring appropriate legal action in a court of competent jurisdiction to determine the validity of the federal environmental protection agency's authority to require the use of the loaded mode transient dynamometer test for automobile emissions inspection commonly known as the IM 240 when such requirement may be in excess of the federal agency's authority under the federal "Clean Air Act Amendments of 1990".
C.R.S. § 42-7-601 — CO Code / Title 42 / Article 7 / Part 6 / Section 42-7-601
42-7-601. Short title
Status: repealed

42-7-601. Short title. (1) This part 6 shall be known and may be cited as the "Motorist Insurance Identification Database Program Act".

(2) Repealed.
C.R.S. § 42-7-502 — CO Code / Title 42 / Article 7 / Part 5 / Section 42-7-502
42-7-502. Action against nonresident - reciprocity with other states
Status: in_force

42-7-502. Action against nonresident - reciprocity with other states. (1) All of the provisions of this article shall apply to any person who is not a resident of this state, and if such nonresident has been convicted of an offense which would require the suspension or revocation of the license of a resident, or if such nonresident has failed to satisfy a judgment within thirty days after the same became final which would require suspension or revocation under this article in respect to a resident, then in either such event such nonresident shall not operate any motor vehicle in this state, and the director shall not issue to such nonresident any license unless and until such nonresident gives proof of financial responsibility and satisfies any such judgment as is required with respect to a resident of this state.

(2) The director shall transmit a certified copy of any record of any such conviction of a nonresident to the motor vehicle commissioner or state officer performing the functions of a commissioner in the state in which such nonresident resides and shall likewise forward to such officer a certified record of any unsatisfied judgment rendered against such nonresident which requires suspension of such nonresident's driving privileges in this state.

(3) When a nonresident's operating privilege is suspended pursuant to section 42-7-301, the director shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (4) of this section.

(4) Upon receipt of certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident or for failure to deposit security and furnish a statement evidencing that the resident is insured under an automobile liability insurance policy or bond or for failure to file and maintain proof of financial responsibility, under circumstances which would require the director to suspend a nonresident's operating privilege had the accident occurred in this state, the director shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of compliance with the law of such other state relating to the deposit of such security and until such resident furnishes the statement evidencing automobile liability insurance or a bond, or, as the case may be, files proof of financial responsibility, if required by such law.
C.R.S. § 42-4-240 — CO Code / Title 42 / Article 4 / Part 2 / Section 42-4-240
42-4-240. Low-speed electric vehicle equipment requirements
Status: in_force

42-4-240. Low-speed electric vehicle equipment requirements. A low-speed electric vehicle shall conform with applicable federal manufacturing equipment standards. Any person who operates a low-speed electric vehicle in violation of this section commits a class B traffic infraction.
C.R.S. § 42-2-138 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-138
42-2-138. Driving under restraint - penalty - definitions
Status: in_force

42-2-138. Driving under restraint - penalty - definitions. (1) (a) Except as provided in subsection (1.5) of this section, any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a class A traffic infraction.

(b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five years after the first conviction thereunder, in addition to any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's license or extended any driving privilege in this state for a period of three years after such second or subsequent conviction.

(c) This subsection (1) shall apply only to violations committed on or after July 1, 1974.

(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, the person shall be punished by a fine of not less than five hundred dollars nor more than three thousand dollars.

(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly authenticated copy of the record of the defendant's former convictions and judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense committed in another state from any court of record or a certified copy of the record of any denial or revocation of the defendant's driving privilege under section 42-2-126 (3) from the department shall be prima facie evidence of the convictions, judgments, denials, or revocations and may be used in evidence against the defendant. Identification photographs and fingerprints that are part of the record of the former convictions, judgments, denials, or revocations and the defendant's incarceration after sentencing for any of the former convictions, judgments, denials, or revocations shall be prima facie evidence of the identity of the defendant and may be used in evidence against the defendant.

(e) Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of this subsection (1) within five years after the first conviction thereunder, in addition to the penalty prescribed in said subparagraph (I), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's license or extended any driving privilege in this state for a period of four years after such second or subsequent conviction.

(f) Upon a verdict or judgment of guilt for a violation of subsection (1)(a) or (1)(d) of this section, the court shall require the offender to immediately surrender the offender's driver's license, minor driver's license, temporary driver's license, or instruction permit issued by this state, another state, or a foreign country. The court shall forward to the department a notice of the verdict or judgment of guilt on the form prescribed by the department, together with the offender's surrendered license or permit. Any person who violates the provisions of this subsection (1)(f) by failing to surrender his or her license or permit to the court commits a class 2 misdemeanor traffic offense.

(1.5) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or a nonresident, is under restraint for an outstanding judgment is guilty of a class A traffic infraction as defined in section 42-4-1701 (3).

(2) (a) In a prosecution for a violation of this section, the fact of the restraint may be established by certification that a notice was mailed by first-class mail pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice to the last-known address of the defendant, or by personal service of such notice upon the defendant.

(b) In a prosecution for a violation of this section, the fact of restraint in another state may be established by certification that notice was given in compliance with such state's law.

(2.5) A municipality may enforce violations of subsection (1.5) of this section in municipal court. A municipal court shall not waive or reduce the three-point penalty.

(3) The department, upon receiving a record of conviction or accident report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained. If it appears that said offense was committed while the license or operating privilege of such person was restrained for a reason other than an outstanding judgment, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notify the district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section.

(4) For purposes of this section, the following definitions shall apply:

(a) "Knowledge" means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person's license or privilege to drive was under restraint. "Knowledge" does not mean knowledge of a particular restraint or knowledge of the duration of restraint.

(b) "Restraint" or "restrained" means any denial, revocation, or suspension of a person's license or privilege to drive a motor vehicle in this state or another state.

(5) It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver's license issued subsequent to the restraint that is the basis of the violation.
C.R.S. § 42-9-111 — CO Code / Title 42 / Article 9 / Section 42-9-111
42-9-111. Prohibited acts - definitions
Status: in_force

42-9-111. Prohibited acts - definitions. (1) A motor vehicle repair facility or any employee or contract laborer of the facility shall not:

(a) Charge for repairs which have not been consented to by the customer or charge for repairs in excess of amounts allowed by this article;

(b) Represent that repairs are necessary when such is not a fact;

(c) Represent that repairs have been performed when such is not a fact;

(d) Represent that a motor vehicle or motor vehicle part being diagnosed is in dangerous condition when such is not a fact;

(e) Perform emissions repairs to bring motor vehicles into compliance with the provisions of sections 42-4-301 to 42-4-316 when such repairs are not indicated by the identified emissions failure;

(f) Fail to issue an invoice as required by section 42-9-108;

(g) Fail to give notice as required by section 42-9-105;

(h) Require a customer to sign a work order that does not state the repairs that are requested by the customer;

(i) Fail to state the motor vehicle odometer reading, unless such reading is unfeasible due to the condition of the odometer; or

(j) (I) Install or reinstall, as part of a vehicle inflatable restraint system, any device that causes the motor vehicle's diagnostic systems to fail to warn that:

(A) The motor vehicle is equipped with a counterfeit supplemental restraint system component;

(B) The motor vehicle is equipped with a nonfunctional airbag; or

(C) No airbag is installed.

(II) For purposes of subsection (1)(j)(I) of this section, an installation or reinstallation does not occur until the work is completed and the motor vehicle is returned to the customer, or title is transferred.

(2) As used in this section:

(a) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

(b) "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.

(c) "Nonfunctional airbag" means a replacement airbag that:

(I) Was previously deployed or damaged;

(II) Has an electric fault that is detected by the motor vehicle's diagnostic systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

(III) Includes a part or object, including a supplemental restraint system component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(IV) Is prohibited from being sold or leased in accordance with 49 U.S.C. sec. 30120 (j).

(d) "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 CFR 571.208. A supplemental restraint system includes:

(I) Each airbag installed in accordance with the motor vehicle manufacturer's design; and

(II) All components required to ensure that an airbag operates as designed in the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle.
C.R.S. § 42-2-506 — CO Code / Title 42 / Article 2 / Part 5 / Section 42-2-506
42-2-506. Identification documents - individuals temporarily lawfully present
Status: in_force

42-2-506. Identification documents - individuals temporarily lawfully present. (1) An individual who is temporarily present in the United States may apply for an identification document pursuant to this section. The department shall issue an identification document if the individual:

(a) Qualifies for the document applied for except for qualifications that conflict with this section; and

(b) Produces documents that satisfy the department that the individual is lawfully present in the United States.
C.R.S. § 42-13-101 — CO Code / Title 42 / Article 13 / Section 42-13-101
42-13-101. Scope and effect of article - exception to provisions
Status: in_force

42-13-101. Scope and effect of article - exception to provisions. This article shall apply to all personal property acquired or held by a law enforcement agency in the course of motor vehicle law enforcement or related highway duties and under circumstances supporting a reasonable belief that such property was abandoned, lost, stolen, or otherwise illegally possessed, including property left in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search and seizure, and unclaimed property used as evidence in any criminal trial, except for such other personal property as shall be disposed of in a different manner in accordance with other Colorado statutes.
C.R.S. § 42-3-228 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-228
42-3-228. Special plates - Colorado carbon fund
Status: in_force

42-3-228. Special plates - Colorado carbon fund. (1) The department shall issue Colorado carbon fund special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) The Colorado carbon fund may design the Colorado carbon fund special license plates. The design for the special license plates shall conform with standards established by the department and shall be subject to the department's approval.

(3) A person may apply for the Colorado carbon fund special license plates if the person pays the taxes and fees required under this section and provides to the department or an authorized agent a certificate, issued by natural capitalism solutions, a 501 (c)(3) nonprofit organization, or any successor organization, confirming that such person has made to the Colorado carbon fund, or its successor, the donation required to qualify for the special license plates.

(4) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees specified for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuance or replacement of each such license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the same to the highway users tax fund created in section 43-4-201, C.R.S.

(5) An applicant may apply for personalized Colorado carbon fund special license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue such personalized license plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of Colorado carbon fund special license plates for the vehicle upon payment of the fee imposed by section 42-3-211 (6)(a) and upon turning in the existing license plates to the department. A person who has obtained personalized Colorado carbon fund special license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of such personalized license plates. The fees under this subsection (5) are in addition to all other taxes and fees imposed for personalized Colorado carbon fund special license plates.

(6) The department may stop issuing the Colorado carbon fund special license plate if three thousand license plates are not issued by July 1, 2016. A person who was issued a Colorado carbon fund special license plate on or before July 1, 2016, may continue to use the plate after July 1, 2016.
C.R.S. § 42-2-144 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-144
42-2-144. Reporting by certified level II alcohol and drug education and treatment program
Status: in_force

42-2-144. Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver's license - rules. (1) The department shall require all providers of level II alcohol and drug education and treatment programs certified by the behavioral health administration in the department of human services pursuant to section 42-4-1301.3 to provide quarterly reports to the department about each person who is enrolled and who has filed proof of such enrollment with the department as required by section 42-2-126 (4)(d)(II).

(2) A person determined not to be in compliance with level II alcohol and drug education and treatment pursuant to subsection (1) of this section shall be sent a letter from the department notifying the person of such noncompliance, any administrative remedies that may be taken against the person's privilege to drive, and the time period the person has to comply with the requirements for level II alcohol and drug education and treatment before administrative remedies will be exercised against the person's driving privilege.

(3) The department may promulgate rules necessary for the implementation of this section.
C.R.S. § 42-4-227 — CO Code / Title 42 / Article 4 / Part 2 / Section 42-4-227
42-4-227. Windows unobstructed - certain materials prohibited - windshield wiper requireme
Status: in_force

42-4-227. Windows unobstructed - certain materials prohibited - windshield wiper requirements. (1) (a) (I) Except as otherwise provided in this paragraph (a), no person shall operate a motor vehicle registered in Colorado on which any window, except the windshield, is composed of, covered by, or treated with any material or component that presents an opaque, nontransparent, or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The windshield shall allow at least seventy percent light transmittance.

(II) Notwithstanding subparagraph (I) of this paragraph (a), the windows to the rear of the driver, including the rear window, may allow less than twenty-seven percent light transmittance if the front side windows and the windshield on such vehicles allow at least seventy percent light transmittance.

(III) A law enforcement vehicle may have its windows, except the windshield, treated in such a manner so as to allow less than twenty-seven percent light transmittance only for the purpose of providing a valid law enforcement service. A law enforcement vehicle with such window treatment shall not be used for any traffic law enforcement operations, including operations concerning any offense in this article. For purposes of this subparagraph (III), "law enforcement vehicle" means a vehicle owned or leased by a state or local law enforcement agency. The treatment of the windshield of a law enforcement vehicle is subject to the limits described in paragraph (b) of this subsection (1).

(b) Notwithstanding any provision of paragraph (a) of this subsection (1), nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following:

(I) The bottom edge of the material extends no more than four inches measured from the top of the windshield down;

(II) The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;

(III) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material.

(c) Nothing in this subsection (1) shall be construed to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines.

(d) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance.

(e) Nothing in this subsection (1) shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed.

(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(3) (a) Except as provided in paragraph (b) of this subsection (3), any person who violates any provision of this section commits a class B traffic infraction.

(b) Any person who installs, covers, or treats a windshield or window so that the windshield or window does not meet the requirements of subsection (1)(a) of this section commits a class A traffic infraction.

(4) This section shall apply to all motor vehicles; except that subsection (2) of this section shall not apply to low-speed electric vehicles.
C.R.S. § 42-3-245 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-245
42-3-245. Special plates - wildlife sporting
Status: in_force

42-3-245. Special plates - wildlife sporting. (1) Beginning the earlier of January 1, 2013, or when the department is able to issue the plates, the department shall issue special license plates to qualified applicants under this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight; except that the department shall not issue the license plate until the proponents comply with section 42-3-207 (6).

(2) (a) There is hereby established the wildlife sporting license plate. The department may stop issuing the license plate if a total of three thousand license plates are not issued by July 1, 2017. A person who was issued a license plate on or before July 1, 2017, may continue to use the license plate after July 1, 2017, regardless of whether the department stops issuing the special license plate.

(b) The division of parks and wildlife may design the special license plate in consultation with sportsmen's advisory groups. The plate must conform with standards established by the department.

(3) A person may apply for a wildlife sporting license plate if the person pays the taxes and fees required under this section.

(4) (a) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees specified for regular motor vehicle license plates; except that the department shall collect the following fees:

(I) A one-time, twenty-five-dollar fee for issuance or replacement of the license plate, which fee the department shall transmit to the state treasurer, who shall credit the same to the highway users tax fund created in section 43-4-201, C.R.S.;

(II) A one-time, ten-dollar fee for issuance or replacement of the wildlife sporting license plate, which fee the department shall transmit to the state treasurer, who shall credit the same to the wildlife cash fund created in section 33-1-112, C.R.S.; and

(III) An annual twenty-five-dollar renewal fee, which the department shall transmit to the state treasurer, who shall credit the same to the wildlife cash fund created in section 33-1-112, C.R.S.; except that the department and its authorized agents may retain the portion of the fee necessary to offset implementing this subparagraph (III), up to a maximum of two dollars.

(b) The division of parks and wildlife shall use the money from fees paid under subparagraphs (II) and (III) of paragraph (a) of this subsection (4) for the following purposes:

(I) Providing grants to create and enhance shooting ranges and areas throughout Colorado to increase public recreational shooting opportunities, including hunter education, marksmanship training, and youth shooting;

(II) Providing grants to local and county governments, park and recreation departments, water districts, angling organizations, and others for projects to improve fishing opportunities in Colorado.

(5) An applicant may apply for personalized wildlife sporting license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of wildlife sporting license plates for the vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. A person who has obtained personalized wildlife sporting license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of the personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees.
C.R.S. § 42-6-120 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-120
42-6-120. Security interests upon vehicles
Status: in_force

42-6-120. Security interests upon vehicles. (1) Except as provided in this section and sections 42-6-130 and 42-6-148, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel mortgages, as defined in section 42-6-102 (9), do not apply to motor or off-highway vehicles. A mortgage or refinancing of a mortgage intended by the parties to the mortgage or refinancing to encumber or create a lien on a motor vehicle, or to be perfected as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, must be filed for public record. The department or authorized agent shall note the fact of filing on the owner's certificate of title or bill of sale substantially in the manner provided in section 42-6-121.

(2) This section and section 42-6-121 do not apply to a mortgage or security interest upon a vehicle or motor vehicle held for sale or lease that constitutes inventory as defined in section 4-9-102, C.R.S. The perfection of mortgages or security interests, and the rights of the parties, are governed by article 9 of title 4, C.R.S.

(3) Notwithstanding any provision of law to the contrary, in the case of motor vehicles, off-highway vehicles, or trailers, a lease transaction does not create a sale or security interest solely because it permits or requires the rental price to be adjusted either upward or downward under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle, off-highway vehicle, or trailer.

(4) The rights of a buyer, lessee, or lien creditor that arise after a mortgage attaches to a motor or off-highway vehicle and before perfection under this article are determined by section 4-9-317, C.R.S.
C.R.S. § 42-3-225 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-225
42-3-225. Special plates - Italian-American heritage
Status: in_force

42-3-225. Special plates - Italian-American heritage. (1) Beginning January 1, 2008, the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) (a) There is hereby established the Italian-American heritage special license plate, which shall be issued to any person who pays the taxes and fees required under this section.

(b) The department may stop issuing the Italian-American heritage special license plate if at least three thousand plates are not issued by July 1, 2016. A person who was issued an Italian-American heritage special license plate on or before July 1, 2016, may continue to use the plate after July 1, 2016.

(c) The Italian-American heritage special license plate shall be designed:

(I) To celebrate Italian-American heritage; and

(II) In accordance with standards established by the department and be subject to the department's approval.

(3) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees specified for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuance or replacement of each such license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the same to the highway users tax fund created in section 43-4-201, C.R.S.

(4) An applicant may apply for personalized Italian-American heritage special license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue such plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of Colorado Italian-American heritage license plates for the vehicle upon paying the fee imposed by section 42-3-211 (6) and upon turning in such existing plates to the department. A person who has obtained personalized Italian-American heritage special license plates under this subsection (4) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of such personalized plates. The fees under this subsection (4) are in addition to all other taxes and fees imposed for the Italian-American heritage special license plates.
C.R.S. § 42-13-104 — CO Code / Title 42 / Article 13 / Section 42-13-104
42-13-104. Deposit of proceeds
Status: in_force

42-13-104. Deposit of proceeds. Proceeds from the sale of property at public auction, less reimbursement of the law enforcement agency for the reasonable expenses of custody and handling thereof, shall be deposited in the treasury of the county, city and county, city, town, or state of which government the law enforcement agency is a branch.
C.R.S. § 42-6-119 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-119
42-6-119. Certificates for vehicles registered in other states
Status: in_force

42-6-119. Certificates for vehicles registered in other states. (1) When a resident of the state acquires the ownership of a motor or off-highway vehicle for which a certificate of title has been issued by a state other than Colorado, the person acquiring the vehicle shall apply to the director or an authorized agent for the filing of a certificate of title as in other cases.

(2) If a dealer acquires the ownership of a motor or off-highway vehicle by lawful means and the vehicle is titled under the laws of a state other than Colorado, the dealer need not file a Colorado certificate of title for the vehicle so long as the vehicle remains in the dealer's possession and at the dealer's place of business solely for the purpose of sale.

(3) Upon the sale by a dealer of a motor or off-highway vehicle, the certificate of title to which was issued in a state other than Colorado, the dealer shall, within thirty days after the sale, deliver or facilitate the delivery to the purchaser the certificate of title, duly and properly endorsed or assigned to the purchaser, with a statement by the dealer containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and setting forth the following:

(a) That the dealer, by the execution of the affidavit, warrants to the purchaser and all persons who claim through the named purchaser that, at the time of the sale, transfer, and delivery by the dealer, the vehicle described was free and clear of all liens and mortgages except as might appear in the certificate of title;

(b) That the vehicle is not a stolen vehicle; and

(c) That the dealer had good, sure, and adequate title to, and full authority to sell and transfer, the vehicle.

(4) (a) Except as otherwise provided in subsection (4)(b) of this section, if the purchaser of the vehicle completes and includes the vehicle identification number inspection form as part of the application for filing of a Colorado certificate of title to the vehicle and accompanies the application with the affidavit required by subsection (3) of this section and the duly endorsed or assigned certificate of title from a state other than Colorado, a Colorado certificate of title may be filed in the same manner as upon the sale or transfer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed. Upon the filing by the director or the authorized agent of the certificate of title, the director or the authorized agent may dispose of the certificate of title and shall record the certificate of title as provided in section 42-6-124.

(b) If an applicant for the filing of a Colorado certificate of title for a vehicle for which another state has issued a certificate of title presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new, the applicant need not include a vehicle identification number inspection form as part of the application.
C.R.S. § 42-2-407 — CO Code / Title 42 / Article 2 / Part 4 / Section 42-2-407
42-2-407. Licensing of testing units and driving testers - hearings - regulations
Status: in_force

42-2-407. Licensing of testing units and driving testers - hearings - regulations. (1) Commercial driver's license driving tests may be performed only by employees of the department or by commercial driver's license driving testers who are employed by commercial driver's license testing units, under contract with a commercial driver's license testing unit, or under contract with a statewide association working with transit agencies.

(2) The department is hereby authorized to issue, deny, suspend, or revoke licenses for the operation of commercial driver's license testing units. The department shall furnish all necessary instructions and forms to such testing units.

(3) The department is hereby authorized to issue, deny, suspend, or revoke licenses for commercial driver's license driving testers. The department shall furnish all necessary instructions and forms to such driving testers.

(4) The department shall supervise the activities of testing units and driving testers. The department shall provide for the inspection of testing units. Testing units shall be open for business at reasonable hours to allow inspection of the operations of such testing units.

(5) Testing units shall keep records as required by the department and shall make such records available to the department for inspection.

(6) The department shall require the surrender of the license of any commercial driver's license testing unit or commercial driver's license driving tester upon the suspension or revocation of such license.

(7) Any person aggrieved by the denial of issuance, denial of renewal, suspension, or revocation of a testing unit license or driving tester license shall be entitled to a hearing. Hearings held under this subsection (7) shall be conducted by a hearing officer before the department. Such hearing shall be held within thirty days after a written request for a hearing is received by the department. Such hearing shall be held before a hearing officer of the department and shall be held at the district office of the department which is nearest to the residence of the licensee, unless the hearing officer and the licensee agree that such hearing may be held at some other district office. Such hearing officer may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, records, and papers at such hearing. The aggrieved person shall not perform any act under the license pending the outcome of such hearing.

(8) (a) The department shall adopt regulations for the administration and operation of commercial driver's license testing units and the conduct of commercial driver's license driving testers.

(b) In order to address the critical shortage of transit drivers that is limiting the ability of transit agencies to offer robust services, as soon as practicable after May 26, 2022, the rules must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester that is under contract with the testing unit or with a statewide association working with transit agencies.
C.R.S. § 42-20-105 — CO Code / Title 42 / Article 20 / Part 1 / Section 42-20-105
42-20-105. Enforcement
Status: in_force

42-20-105. Enforcement. (1) The provisions of parts 1, 2, and 3 of this article relating to the transportation of hazardous materials by motor vehicle may only be enforced by an enforcement official.

(2) Any enforcement official shall have the authority to issue penalty assessments for the misdemeanor traffic offenses specified in sections 42-20-204 (1) and 42-20-305 (2). At any time that a person is cited for a violation of any of the offenses specified, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a penalty assessment notice. Such notice shall be tendered by the enforcement official and shall contain the name and address of such person, the license number of the motor vehicle involved, if any, the number of such person's driver's license, the nature of the violation, the amount of the penalty prescribed for such violation, the date of the notice, a place for such person to execute a signed acknowledgment of receipt of the penalty assessment notice, a place for such person to execute a signed acknowledgment of guilt for the cited violation, and such other information as may be required by law to constitute such notice as a summons and complaint to appear in court should the prescribed penalty not be paid within twenty days. Every cited person shall execute the signed acknowledgment of receipt of the penalty assessment notice. The acknowledgment of guilt shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the specified penalty at the office of the department of revenue, either in person or by postmarking such payment within twenty days after the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after such payment becomes due. If the person cited does not pay the prescribed penalty within twenty days of the notice, the penalty assessment notice shall constitute a summons and complaint to appear in the county court of the county in which the penalty assessment was issued at a time and place specified by the notice, unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt.

(3) All enforcement officials may, at their discretion and in lieu of issuing the penalty assessments pursuant to subsection (2) of this section, issue warning citations to persons who violate the provisions of part 1, 2, or 3 of this article.

(4) Enforcement of any law relating to the fixed-site storage or use of hazardous materials shall not be affected by the provisions of part 1, 2, or 3 of this article.
C.R.S. § 42-2-601 — CO Code / Title 42 / Article 2 / Part 6 / Section 42-2-601
42-2-601. Definitions
Status: in_force

42-2-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Commercial driving instructor" means an individual who has been employed by a commercial driving school.

(2) "Commercial driving school" means any business or any person who, for compensation, provides or offers to provide instruction in the operation of a motor vehicle, with the exceptions of secondary schools and institutions of higher education offering programs approved by the department of education and private occupational schools offering programs approved by the private occupational school division. The term shall not include any motorcycle operator safety training program established pursuant to section 43-5-502.

(3) "Department" means the department of revenue.
C.R.S. § 42-3-258 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-258
42-3-258. Special plates - Colorado nurses - definition
Status: in_force

42-3-258. Special plates - Colorado nurses - definition. (1) Beginning the earlier of January 15, 2022, or when the department is able to issue the plates, the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) (a) There is hereby established the Colorado nurses license plate.

(b) The nurses foundation that satisfies all applicable requirements may design the Colorado nurses license plate, but the license plate must conform with standards established by the department.

(c) For the purposes of this section, the department shall utilize signatures collected by the Stephen T. Marchello Scholarship Foundation to satisfy the requirement described in section 42-3-207 (6) and shall apply those signatures to the application for a special group license plate by the Colorado Nurses Association.

(3) (a) A person may apply for a Colorado nurses license plate if the person pays the taxes and fees required under this section and provides to the department or an authorized agent a certificate issued by the nurses foundation confirming that the applicant has made a donation to the nurses foundation in an amount that the nurses foundation may determine but that may not exceed one hundred dollars.

(b) The nurses foundation shall file with the department an annual statement verifying that it is a nonprofit organization unless the department stops issuing the Colorado nurses license plate.

(c) For each donation that the nurses foundation receives in association with the sale of a Colorado nurses license plate, the nurses foundation shall use a portion of the donation to provide scholarships to nurses from minority populations.

(4) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuance or replacement of the license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund created in section 43-4-201.

(5) An applicant may apply for personalized Colorado nurses license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of Colorado nurses license plates for the vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. A person who has obtained personalized Colorado nurses license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of the personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees.

(6) As used in this section, unless the context otherwise requires, "nurses foundation" means a Colorado-based nurses foundation that is dedicated to advancing nursing through scholarship, leadership development, and nurse recognition.
C.R.S. § 42-2-508 — CO Code / Title 42 / Article 2 / Part 5 / Section 42-2-508
42-2-508. Fees - operations - rule
Status: repealed

42-2-508. Fees - operations - rule. (1) The department may promulgate a rule imposing an additional fee for issuance of a document issued under this part 5 to cover the direct and indirect cost of implementing this part 5. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fees to the state treasurer, who shall credit the fees to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(2) (a) Repealed.

(b) By July 1, 2020, the department shall issue identification documents under this part 5 in an efficient manner at ten or more offices, including offices operating before July 1, 2020, that are geographically distributed throughout the state.
C.R.S. § 42-7-510 — CO Code / Title 42 / Article 7 / Part 5 / Section 42-7-510
42-7-510. Insurance or bond required
Status: in_force

42-7-510. Insurance or bond required. (1) An owner of a truck that is subject to the registration fee imposed pursuant to section 42-3-306 (5)(b) or (7) and that is not subject to article 10.1 of title 40, C.R.S., before operating or permitting the operation of the vehicle upon a public highway in this state, shall have in each vehicle a motor vehicle liability policy or a certificate evidencing the policy issued by an insurance carrier or insurer authorized to do business in Colorado, or a copy of a valid certificate of self-insurance issued pursuant to section 10-4-624, C.R.S., or a surety bond issued by a company authorized to do a surety business in Colorado in the sum of fifty thousand dollars for damages to property of others; the sum of one hundred thousand dollars for damages for or on account of bodily injury or death of one person as a result of any one accident; and, subject to such limit as to one person, the sum of three hundred thousand dollars for or on account of bodily injury to or death of all persons as a result of any one accident.

(2) (a) Every owner of a motor vehicle designed and used for the nonemergency transportation of individuals with disabilities as defined in paragraph (b) of this subsection (2), before operating or permitting the operation of such vehicle upon any public highway in this state, shall file with the department a certificate evidencing a motor vehicle liability insurance policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado or a surety bond issued by a company authorized to do a surety business in the state of Colorado with a minimum sum of fifty thousand dollars for damages to property of others; a minimum sum of one hundred thousand dollars for damages for or on account of bodily injury or death of one person as a result of any one accident; and, subject to such limit as to one person, a minimum sum of three hundred thousand dollars for or on account of bodily injury to or death of all persons as a result of any one accident.

(b) As used in this subsection (2), a "motor vehicle designed and used for the nonemergency transportation of individuals with disabilities" means any motor vehicle designed to facilitate the loading of individuals with physical disabilities confined to a wheelchair except vehicles owned by the United States government, vehicles owned and operated by any special transportation district, or privately owned vehicles when such privately owned vehicles are used by the owner to transport the owner or members of the owner's family who are confined to a wheelchair.

(3) Any person who violates any provision of this section commits a class A traffic infraction. If any violation of this section is committed on behalf of a partnership or corporation, any director, officer, partner, or high managerial agent thereof who authorized, ordered, permitted, or otherwise participated in, by commission or omission, such violation is also a class A traffic infraction.
C.R.S. § 42-4-405 — CO Code / Title 42 / Article 4 / Part 4 / Section 42-4-405
42-4-405. Powers and duties of executive director
Status: repealed

42-4-405. Powers and duties of executive director. (1) The executive director is authorized to issue, deny, cancel, suspend, or revoke licensure for, and shall furnish instructions and all necessary forms to, diesel emissions inspection stations and inspectors. Fees for such licenses shall be established by regulations promulgated by the executive director.

(2) The executive director shall supervise the activities of licensed diesel emissions inspection stations and inspectors and shall cause inspections to be made of such stations and records and such inspectors for compliance with licensure requirements. The accuracy of a licensed station's smoke opacity meters shall be inspected not less than once every sixty days.

(3) The executive director shall require the surrender of any license which has been issued upon the cancellation, suspension, or revocation of the license for a violation of any of the provisions or of any of the regulations of the diesel emissions inspection program established pursuant to this part 4.

(4) The executive director shall adopt regulations for the administration and operation of diesel emissions inspection stations and for the issuance, identification, and use of certifications of emissions control and shall adopt such rules and regulations as may be necessary to improve the effectiveness of the diesel emissions inspection program.

(5) (a) On and after January 1, 1991, the executive director shall hold hearings annually concerning the maximum inspection fee in order to ascertain whether such fee provides fair compensation for performing diesel emission-opacity inspections and represents an equitable charge to the consumer for such inspection.

(b) Repealed.
C.R.S. § 42-4-2403 — CO Code / Title 42 / Article 4 / Part 24 / Section 42-4-2403
42-4-2403. Applicability
Status: in_force

42-4-2403. Applicability. This part 24 applies to motor vehicles manufactured on or after May 1, 2007.
C.R.S. § 42-3-236 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-236
42-3-236. Taxicab license plates - taxicabs
Status: repealed

42-3-236. Taxicab license plates - taxicabs. (1) The taxicab license plate is hereby established. The plate consists of black letters on a yellow background and features the words "Colorado" across the top and "taxicab" across the bottom of the plate.

(2) A person that is authorized to provide taxicab service or large-market taxicab service under article 10.1 of title 40 shall register a motor vehicle used for taxicab purposes under this article 3 and display taxicab license plates on the vehicle. Upon registration, the department shall issue taxicab license plates for the vehicle in accordance with this section. The department shall not issue a taxicab license plate unless the person either submits a verification document or the public utilities commission electronically verifies the authorization as provided in section 40-10.1-207.

(3) Repealed.

(4) A person shall not operate a motor vehicle with a taxicab license plate or temporary taxicab license plate unless the motor vehicle to which the plates are attached is required by subsection (2) of this section to bear taxicab license plates.

(5) If the person who owns the motor vehicle with taxicab license plates is not the person under whose authority the motor vehicle operates under article 10.1 of title 40, the person with the authority may request that the department require the plate to be replaced. Within thirty days after receiving the request, the department shall require the owner of the motor vehicle to return the taxicab license plate and be issued a new license plate. The owner of the motor vehicle shall surrender the taxicab license plate to the department within ten days after receiving notice from the department unless the owner of the motor vehicle obtains authority to operate a taxicab under part 2 or 7 of article 10.1 of title 40, either directly or as an agent, and either the person submits a verification document or the public utilities commission electronically verifies the authorization as provided in section 40-10.1-207.

(6) A person who violates this section commits a class B traffic infraction, punishable by a fine of seventy-five dollars.

(7) This section is effective January 1, 2012.
C.R.S. § 42-4-603 — CO Code / Title 42 / Article 4 / Part 6 / Section 42-4-603
42-4-603. Obedience to official traffic control devices
Status: in_force

42-4-603. Obedience to official traffic control devices. (1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this article unless otherwise directed by a police officer subject to the exceptions in this article granted the driver of an authorized emergency vehicle.

(2) No provision of this article for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.

(3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this article, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.

(4) Any official traffic control device placed pursuant to the provisions of this article and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this article unless the contrary is established by competent evidence.

(5) Any person who violates any provision of this section commits a class A traffic infraction.
C.R.S. § 42-3-261 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-261
42-3-261. Special plates - Delta Sigma Theta Sorority - short title
Status: in_force

42-3-261. Special plates - Delta Sigma Theta Sorority - short title. (1) The short title of this section is the "Delta Sigma Theta Sorority License Plate Act".

(2) Beginning the earlier of January 1, 2023, or when the department is able to issue the plates, the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(3) (a) There is hereby established the Delta Sigma Theta Sorority license plate.

(b) The department shall use a design that conforms to department standards.

(4) A person may apply for the Delta Sigma Theta Sorority license plate if the person pays the taxes and fees required under this section and provides to the department or an authorized agent evidence sufficient to demonstrate that the applicant is a member of the Delta Sigma Theta Sorority.

(5) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees for regular motor vehicle license plates; except that the department shall collect an additional one-time fee of twenty-five dollars for issuance or replacement of the license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund created in section 43-4-201.

(6) An applicant may apply for personalized Delta Sigma Theta Sorority license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of Delta Sigma Theta Sorority license plates for the vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. A person who has obtained personalized license plates under this subsection (6) must pay the annual fee imposed by section 42-3-211 (6)(b) to renew the personalized plates. The fees under this subsection (6) are in addition to all other applicable taxes and fees.
C.R.S. § 42-2-130 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-130
42-2-130. Mandatory surrender of license or permit for drug convictions
Status: repealed

42-2-130. Mandatory surrender of license or permit for drug convictions. (Repealed)
C.R.S. § 42-20-112 — CO Code / Title 42 / Article 20 / Part 1 / Section 42-20-112
42-20-112. Reimbursement of local governments
Status: in_force

42-20-112. Reimbursement of local governments. (1) A public entity, political subdivision of the state, or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous materials abandonment or a hazardous materials spill.

(2) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.

(3) Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.
C.R.S. § 42-4-118 — CO Code / Title 42 / Article 4 / Part 1 / Section 42-4-118
42-4-118. Establishment of wildlife crossing zones - report
Status: repealed

42-4-118. Establishment of wildlife crossing zones - report. (1) The department of transportation created in section 43-1-103, C.R.S., in consultation with both the Colorado state patrol created pursuant to section 24-33.5-201, C.R.S., and the division of parks and wildlife created pursuant to section 33-9-104, C.R.S., in the department of natural resources, may establish areas within the public highways of the state as wildlife crossing zones.

(2) (a) If the department of transportation establishes an area within a public highway of the state as a wildlife crossing zone, the department of transportation may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616; and

(II) Establishing a lower speed limit for the portion of the highway that lies within the zone.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary, the department of transportation shall not establish a lower speed limit for more than one hundred miles of the public highways of the state that have been established as wildlife crossing zones.

(3) (a) The department of transportation may establish an area within the federal highways of the state as a wildlife crossing zone if the department of transportation receives authorization from the federal government.

(b) If the department of transportation establishes an area within the federal highways of the state as a wildlife crossing zone pursuant to paragraph (a) of this subsection (3), the department of transportation may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616; and

(II) Establishing a lower speed limit for the portion of the highway that lies within the zone.

(4) If the department of transportation erects a new wildlife crossing zone sign pursuant to subsection (2) or (3) of this section, it shall ensure that the sign indicates, in conformity with the state traffic control manual, that increased traffic penalties are in effect within the wildlife crossing zone. For the purposes of this section, it shall be sufficient that the sign states "increased penalties in effect".

(5) In establishing a lower speed limit within a wildlife crossing zone, the department of transportation shall give due consideration to factors including, but not limited to, the following:

(a) The percentage of traffic accidents that occur within the area that involve the presence of wildlife on the public highway;

(b) The relative levels of traffic congestion and mobility in the area; and

(c) The relative numbers of traffic accidents that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway.

(6) As used in this section, unless the context otherwise requires, "wildlife" shall have the same meaning as "big game" as set forth in section 33-1-102 (2), C.R.S.

(7) Repealed.

(8) Notwithstanding any other provision of this section, the department of transportation shall not establish any area of any interstate highway as a wildlife crossing zone.
C.R.S. § 42-6-117 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-117
42-6-117. Filing of certificate
Status: in_force

42-6-117. Filing of certificate. (1) The director or the authorized agent shall use reasonable diligence to ascertain whether the facts stated in an application and other documents submitted to the director or the authorized agent are true. In appropriate cases, the director or authorized agent may require the applicant to furnish additional information regarding ownership of the vehicle and the right to file on behalf of the applicant a certificate of title for the vehicle. The director or the authorized agent may refuse to file a certificate of title to such vehicle if the director or the authorized agent determines that the applicant is not entitled to such certificate.

(2) No certificate of title may be filed for a vehicle required to have its vehicle identification number inspected pursuant to section 42-5-202 unless a vehicle identification number inspection form has been transmitted to the director or the authorized agent showing the number recorded from the vehicle or the number assigned to the vehicle under section 42-12-202.

(3) At the request of the title owner, lienholder, or mortgagee, a paper copy of a filed certificate of title may be issued by the director or the authorized agent.
C.R.S. § 42-10-101 — CO Code / Title 42 / Article 10 / Section 42-10-101
42-10-101. Definitions
Status: in_force

42-10-101. Definitions. As used in this article 10, unless the context otherwise requires:

(1) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle that is used for personal, family, or household purposes; any person to whom the motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for the motor vehicle; and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

(1.5) "Lemon law buyback vehicle" means a motor vehicle that was repurchased by or returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer for inability to conform the motor vehicle to the manufacturer's warranty in accordance with this article 10 or with any other state or federal motor vehicle warranty law.

(2) "Motor vehicle" means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section 42-1-102 (57), vehicles designed to travel on three or fewer wheels in contact with the ground, or a motor vehicle that has been modified for commercial use.

(2.5) "Safety-based nonconformity" means a nonconformity that:

(a) Results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven; or

(b) Creates a risk of fire or explosion.

(3) "Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
C.R.S. § 42-3-118.5 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-118.5
42-3-118.5. Inoperable vehicle - rules
Status: in_force

42-3-118.5. Inoperable vehicle - rules. (1) An owner of an inoperable vehicle that is not driven on roadways and is undergoing maintenance, repair, restoration, rebuilding, or renovation shall pay the annual specific ownership tax on the vehicle as provided in section 42-3-106.

(2) Upon payment of the specific ownership tax for a vehicle described in subsection (1) of this section, the department shall issue to the owner of the vehicle a license plate, sticker, decal, or other evidence of the payment as may be prescribed by the executive director of the department by rule. When the license plate or other evidence of payment is affixed to the vehicle, the owner of that vehicle may store the vehicle on private property for the purposes of maintenance, repair, restoration, rebuilding, or renovation.
C.R.S. § 42-20-201 — CO Code / Title 42 / Article 20 / Part 2 / Section 42-20-201
42-20-201. Hazardous materials transportation permit required
Status: in_force

42-20-201. Hazardous materials transportation permit required. Except as otherwise provided in this part 2, no transportation of hazardous materials by motor vehicle which requires placarding under 49 CFR 172 or 173 shall take place in, to, from, or through this state until the department of transportation issues a permit, in accordance with the provisions of this part 2, authorizing the applicant to operate or move upon the public roads of this state a motor vehicle or a combination of motor vehicles which carries hazardous materials. This part 2 does not apply to motor vehicles owned by the federal government, motor vehicles when used to transport to or from the farm or ranch site products used for agricultural production, or farm machinery which is exempted from registration requirements by section 42-3-103, unless such vehicles are used in furtherance of any commercial business other than agriculture. This part 2 applies to motor vehicles owned by the state or any political subdivision thereof; except that such vehicles are exempt from the fees provided in section 42-20-202. The requirements of this part 2 are in addition to, and not in substitution for, any other provisions of law.
C.R.S. § 42-4-1611 — CO Code / Title 42 / Article 4 / Part 16 / Section 42-4-1611
42-4-1611. Tabulation and analysis of reports
Status: in_force

42-4-1611. Tabulation and analysis of reports. The department shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents and in such a way that the information may be of value to the department of transportation in eliminating roadway hazards. The statistical information shall be issued in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 42-3-121 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-121
42-3-121. Violation of registration provisions - penalty
Status: in_force

42-3-121. Violation of registration provisions - penalty. (1) It is unlawful to commit any of the following acts:

(a) To operate or permit the operation, upon a highway, of a motor vehicle subject to registration under this article or to possess or control a trailer coach or trailer that is not registered and does not display the number plates issued for such vehicle or trailer coach for the current year, except for trailer coaches or trailers owned by a licensed dealer or licensed manufacturer while being held for sale or resale or while operated on the streets or highways with dealer plates or depot tags authorized pursuant to section 42-3-116;

(b) To display or permit to be displayed, to have in possession, or to offer for sale a certificate of title, validation tab or sticker, or registration number plate knowing the same to be fictitious or to have been stolen, canceled, revoked, suspended, or altered;

(c) To lend to or knowingly permit the use by one not entitled thereto a certificate of title, registration card, or registration number plate issued to the lending or permitting person;

(d) To fail or refuse to surrender to the department, upon demand, a certificate of title, registration card, or registration number plate that has been suspended, canceled, or revoked;

(e) To use a false name or address, to knowingly make a false statement, or to knowingly conceal a material fact in an application for the registration, renewal registration, or duplicate registration of a motor vehicle;

(f) To use or permit the use of a noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in a business or commercial enterprise;

(g) To use or permit the use of a truck or truck tractor registered as a collector's item pursuant to section 42-12-401 (1)(c) to transport cargo or passengers for profit or hire or in a business or commercial enterprise;

(h) To drive or permit to be driven a truck or truck tractor registered as a collector's item pursuant to section 42-12-401 (1)(c) for any purpose other than those purposes allowed in section 42-12-401 (1)(c).

(2) (a) A person who violates paragraph (a) or (c) of subsection (1) of this section commits a class B traffic infraction.

(b) A person who violates paragraph (b), (d), or (e) of subsection (1) of this section commits a class 2 misdemeanor traffic offense.

(c) A person who violates paragraph (f) or (g) of subsection (1) of this section commits a class B traffic infraction.
C.R.S. § 42-4-1301.2 — CO Code / Title 42 / Article 4 / Part 13 / Section 42-4-1301.2
42-4-1301.2. Refusal of test - effect on driver's license - revocation - reinstatement
Status: repealed

42-4-1301.2. Refusal of test - effect on driver's license - revocation - reinstatement. (Repealed)
C.R.S. § 42-4-2101 — CO Code / Title 42 / Article 4 / Part 21 / Section 42-4-2101
42-4-2101. Legislative declaration
Status: in_force

42-4-2101. Legislative declaration. The general assembly hereby declares that the purpose of this part 21 is to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on private property.
C.R.S. § 42-3-101 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-101
42-3-101. Legislative declaration
Status: in_force

42-3-101. Legislative declaration. (1) The general assembly declares that its purpose in enacting this article is to implement by law the purpose and intent of section 6 of article X of the state constitution, wherein it is provided that "The general assembly shall enact laws classifying motor vehicles and also wheeled trailers, semitrailers, trailer coaches, and mobile and self-propelled construction equipment, prescribing methods of determining the taxable value of such property, and requiring payment of a graduated annual specific ownership tax thereon, which tax shall be in lieu of all ad valorem taxes upon such property; ...".

(2) The general assembly further declares that it intends to classify in this article the personal property so specified, to prescribe methods by which the taxable value of such classified property shall be determined, to require payment of a graduated annual specific ownership tax upon each item of such classified personal property, and to provide for the administration and collection of such tax, and for the apportionment and distribution of the revenue derived therefrom.
C.R.S. § 42-8-103 — CO Code / Title 42 / Article 8 / Section 42-8-103
42-8-103. Ports of entry - operation by Colorado state patrol
Status: in_force

42-8-103. Ports of entry - operation by Colorado state patrol.

(1) (Deleted by amendment, L. 2012.)

(2) The chief of the Colorado state patrol shall be responsible for establishing and operating port of entry weigh stations at such points along the public highways of this state as are determined to be necessary to carry out the purposes of this article. The chief shall authorize permanent port of entry weigh stations and mobile port of entry weigh stations to be established and operated by the Colorado state patrol. The location or relocation of the stationary or mobile port of entry weigh stations shall be determined by the chief.
C.R.S. § 42-3-219 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-219
42-3-219. Special registration of collector's items
Status: repealed

42-3-219. Special registration of collector's items. (Repealed)
C.R.S. § 42-6-204 — CO Code / Title 42 / Article 6 / Part 2 / Section 42-6-204
42-6-204. Private civil action
Status: in_force

42-6-204. Private civil action. (1) Any person who, with intent to defraud, violates any requirement imposed under this part 2 shall be liable in an amount equal to the sum of:

(a) Three times the amount of actual damages sustained or three thousand dollars, whichever is greater; and

(b) In the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.

(2) An action to enforce any liability created under subsection (1) of this section must be brought within the time period prescribed in section 13-80-102, C.R.S.

(3) There shall be no liability under this section if a judgment has been entered in federal court pursuant to section 409 of the "Motor Vehicle Information and Cost Savings Act", Public Law 92-513.
C.R.S. § 42-6-115 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-115
42-6-115. Furnishing bond for certificates
Status: in_force

42-6-115. Furnishing bond for certificates. (1) (a) If the applicant for a certificate of title to a motor or off-highway vehicle is unable to provide the director or the authorized agent with a certificate of title duly transferred to the applicant or other evidence of ownership satisfactory to the director as specified in rules established under section 42-6-104, the director or the authorized agent may file a certificate of title for the vehicle if the applicant furnishes the director or the authorized agent with a statement, in a form specified by the director, that contains:

(I) A recital of the facts and circumstances by which the applicant acquired the ownership and possession of the vehicle;

(II) The source of the title to the vehicle; and

(III) Other information as the director may require to determine:

(A) Whether any liens are attached to the motor vehicle;

(B) The date of the liens;

(C) The amount secured by the vehicle;

(D) Where the liens are of record; and

(E) The right of the applicant to have a certificate of title filed on behalf of the applicant.

(b) The statement specified in paragraph (a) of this subsection (1) must contain or be accompanied by a written declaration that it is made under penalty of perjury in the second degree, as defined in section 18-8-503, C.R.S., and must accompany the application for the certificate as required in section 42-6-116.

(c) The director or the authorized agent may maintain any evidence submitted to the director or the authorized agent in a paper or electronic version.

(d) Upon receipt of an application by the owner of a motor or off-highway vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy of the mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 42-6-122, and 42-6-123 concerning the lien or mortgage.

(2) If the director or the authorized agent finds that the applicant is the same person to whom a certificate of title for the vehicle has previously been issued or filed and to whom a license was issued for the year during which the application for the certificate of title is made and that a certificate of title should be filed on behalf of the applicant, the director or authorized agent may file the certificate.

(3) (a) Except as provided by paragraph (b) of this subsection (3) or section 42-12-402, the department or an authorized agent shall not file a certificate of title under this section until the applicant furnishes evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or a good and sufficient bond with a corporate surety, to the state, in an amount fixed by the director, not less than twice the reasonable value of the vehicle determined as of the time of application. The applicant and the applicant's surety shall hold harmless any person who suffers loss or damage by reason of the filing of a certificate under this section.

(b) (I) If a vehicle is twenty-five years old or older, the applicant has had a certified vehicle identification number inspection performed on the vehicle, and the applicant presents a bill of sale within twenty-four months after the sale with the title application, the applicant need not furnish surety under this subsection (3). To be excepted from the surety requirement, an applicant must submit an affidavit to the department that is sworn to under penalty of perjury and that states that the required documents submitted are true and correct.

(II) An applicant need not furnish surety under this subsection (3) for an off-highway vehicle if the applicant submits an affidavit under penalty of perjury attesting to ownership of the vehicle and if the vehicle:

(A) Was moved to Colorado from a state not issuing certificates of title for off-highway vehicles;

(B) Is used and held as inventory by a powersports dealer;

(C) Was owned by an agency of the United States or another state or a political subdivision thereof;

(D) Was owned by an agricultural producer and used strictly for agricultural purposes;

(E) Was owned exclusively for the purpose of being operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption does not apply unless the agency exercising jurisdiction over the land specifically authorizes the organized competitive or noncompetitive event; or

(F) Was used by a dealer, manufacturer, or authorized designee for an off-highway vehicle operator education or safety program.

(4) If any person suffers loss or damage by reason of the filing of the certificate of title as provided in this section, the person has a right of action against the applicant and the surety on the applicant's bond against either of whom the person damaged may proceed independently of the other.
C.R.S. § 42-9.5-105 — CO Code / Title 42 / Article 9.5 / Section 42-9.5-105
42-9.5-105. Warranties - insurance
Status: in_force

42-9.5-105. Warranties - insurance. A vehicle protection warranty that complies with this section shall not be deemed to be insurance and shall be exempt from regulation as insurance pursuant to title 10, C.R.S.
C.R.S. § 42-2-202 — CO Code / Title 42 / Article 2 / Part 2 / Section 42-2-202
42-2-202. Habitual offenders - frequency and type of violations
Status: in_force

42-2-202. Habitual offenders - frequency and type of violations. (1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section; except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense. The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.

(2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

(I) DUI, DUI per se, or DWAI;

(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;

(III) Driving a motor vehicle upon a highway while such person's license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138 (1);

(IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;

(V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or motor vehicle theft, as such offenses are described in title 18;

(VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.

(b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of this subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of this state regulating the operation of motor vehicles. For purposes of this paragraph (b), the term "municipality" means any home rule or statutory city or town, a territorial charter city, or a city and county.

(3) A person is also an habitual offender if such person has ten or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of four or more points each or eighteen or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of three or less points each in the operation of a motor vehicle, which convictions are required to be reported to the department and result in the assessment of points under section 42-2-127, including any violations specified in subsection (2) of this section.

(4) For the purpose of this section, the term "conviction" has the meaning specified in section 42-2-127 (6) and includes entry of judgment for commission of a traffic infraction as set forth in section 42-4-1701.
C.R.S. § 42-6-113 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-113
42-6-113. New vehicles - bill of sale - certificate of title - rental businesses - rules
Status: in_force

42-6-113. New vehicles - bill of sale - certificate of title - rental businesses - rules. (1) Upon the sale or transfer by a dealer of a new motor or off-highway vehicle, the dealer shall, upon delivery, make, execute, and deliver to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of origin.

(2) The bill of sale must:

(a) Be affirmed by a statement signed by the dealer, containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.;

(b) Be in such form as the director may require; and

(c) Contain, in addition to other information that the director may by rule require, the make and model of the motor or off-highway vehicle, the identification number placed upon the vehicle by the manufacturer for identification purposes, the manufacturer's suggested retail price, and the date of the sale or transfer, together with a description of any mortgage or lien on the vehicle that secures any part of the purchase price.

(3) Upon presentation of the bill of sale and the manufacturer's certificate of origin, the director or an authorized agent shall file a new certificate of title for the vehicle described in the bill of sale. A dealer shall transfer a new motor or off-highway vehicle used by a dealer for demonstration in accordance with this section.

(4) Notwithstanding subsection (3) of this section, the department may, upon presentation of a manufacturer's invoice, issue a business that rents motor vehicles or special mobile machinery a certificate of title for a new motor vehicle or special mobile machinery if the business submits a signed affidavit or a title application attesting that the motor vehicle or special mobile machinery is new and has not been issued a certificate of title and that the business is entitled to be issued a certificate of title for the motor vehicle or special mobile machinery. Upon request of the department, the business shall make available a scanned image of the front of the manufacturer's certificate of origin for up to one percent of the registered vehicles of the business for any given month.
C.R.S. § 42-21-105 — CO Code / Title 42 / Article 21 / Section 42-21-105
42-21-105. Vehicle value protection agreements - contractual liability insurance policies
Status: in_force

42-21-105. Vehicle value protection agreements - contractual liability insurance policies. (1) A provider shall guarantee the provider's obligations by an insurance policy, issued by an insurer, that pays the contract holder if the provider fails to perform the obligations in accordance with the vehicle value protection agreement.

(2) To comply with this section, an insurance policy required in subsection (1) of this section must provide that:

(a) If the provider fails to perform its obligations under the vehicle value protection agreement, the contractual liability insurer will pay all covered amounts that the provider is legally obligated to pay according to the agreement; and

(b) The contract holder may file directly with the insurer for reimbursement if the payment due under the terms of the vehicle value protection agreement is not made by the provider within sixty days after proof of loss or trade-in of the covered vehicle has been filed in accordance with the terms of the agreement.
C.R.S. § 42-5-202 — CO Code / Title 42 / Article 5 / Part 2 / Section 42-5-202
42-5-202. Vehicle identification number inspection
Status: in_force

42-5-202. Vehicle identification number inspection. (1) No bonded title vehicle, homemade vehicle, rebuilt vehicle, reconstructed vehicle, or vehicle assembled from a kit shall be sold in the state of Colorado or issued a Colorado certificate of title unless the seller or owner of such vehicle has had its vehicle identification number inspected and recorded by an inspector on the inspection form approved by the department of revenue.

(2) No bonded title commercial vehicle, homemade commercial vehicle, rebuilt commercial vehicle, reconstructed commercial vehicle, or commercial vehicle assembled from a kit shall be issued a Colorado certificate of title unless an inspector inspects the vehicle identification number and records the number on the inspection form approved by the department of revenue.

(2.5) The department is authorized to perform a vehicle identification number inspection on any motor vehicle subject to this article that the department determines is necessary or convenient in carrying out its duties pursuant to this article and to charge and receive an inspection fee pursuant to section 42-5-204 for such inspection.

(3) The inspections required by this section include a physical inspection of the vehicle or commercial vehicle and a computer check of the state and national compilations of wanted and stolen vehicles or commercial vehicles. If the inspector determines that the vehicle identification number has not been removed, changed, altered, or obliterated and that it is not the identification number of a wanted or stolen vehicle or commercial vehicle, the inspection form shall be transmitted to the executive director of the department of revenue, who shall then act upon the application for a Colorado certificate of title for such vehicle or commercial vehicle.

(4) If the inspector determines that the vehicle identification number has been removed, changed, altered, or obliterated or if the inspector has good and sufficient reason to believe that the vehicle or commercial vehicle is wanted or was stolen in the state of Colorado or another state, the inspector shall proceed according to the provisions of part 1 of this article.
C.R.S. § 42-4-805 — CO Code / Title 42 / Article 4 / Part 8 / Section 42-4-805
42-4-805. Pedestrians walking or traveling in a wheelchair on highways
Status: in_force

42-4-805. Pedestrians walking or traveling in a wheelchair on highways. (1) Pedestrians walking or traveling in a wheelchair along and upon highways where sidewalks are not provided shall walk or travel only on a road shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor road shoulder is available, any pedestrian walking or traveling in a wheelchair along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, in the case of a two-way roadway, shall walk or travel only on the left side of the roadway facing traffic that may approach from the opposite direction; except that any person lawfully soliciting a ride may stand on either side of such two-way roadway where there is a view of traffic approaching from both directions.

(2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. For the purposes of this subsection (2), "roadway" means that portion of the road normally used by moving motor vehicle traffic.

(3) It is unlawful for any person who is under the influence of alcohol or of any controlled substance, as defined in section 18-18-102 (5), C.R.S., or of any stupefying drug to walk or be upon that portion of any highway normally used by moving motor vehicle traffic.

(4) This section applying to pedestrians shall also be applicable to riders of animals.

(5) Any city or town may, by ordinance, regulate the use by pedestrians of streets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 42-4-110 and 42-4-111, but no ordinance regulating such use of streets and highways in a manner differing from this section shall be effective until official signs or devices giving notice thereof have been placed as required by section 42-4-111 (2).

(6) No person shall solicit a ride on any highway included in the interstate system, as defined in section 43-2-101 (2), C.R.S., except at an entrance to or exit from such highway or at places specifically designated by the department of transportation; or, in an emergency affecting a vehicle or its operation, a driver or passenger of a disabled vehicle may solicit a ride on any highway.

(7) Pedestrians shall only be picked up where there is adequate road space for vehicles to pull off and not endanger and impede the flow of traffic.

(8) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 42-4-213 or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle and shall leave the roadway and remain off the same until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. This subsection (8) shall not relieve the driver of an authorized emergency vehicle from the duty to use due care as provided in sections 42-4-108 (4) and 42-4-807.

(9) Any person who violates any provision of this section commits a class B traffic infraction.
C.R.S. § 42-3-309 — CO Code / Title 42 / Article 3 / Part 3 / Section 42-3-309
42-3-309. Permit to be secured - records kept - penalties
Status: in_force

42-3-309. Permit to be secured - records kept - penalties. (1) Every owner or operator of a motor vehicle operated over any public highway of this state who is required to pay the passenger-mile tax imposed by sections 42-3-304 and 42-3-306 shall apply to the department and secure a passenger-mile tax permit and shall keep and maintain true and correct records of the operations of such motor vehicles, including the number of miles operated and the number of passengers carried, in such form as to reflect the actual activity of all such motor vehicles and as may be prescribed by the department and the public utilities commission. Such owner or operator shall preserve all such records for a period of four years. The passenger-mile tax permit shall remain effective until the owner advises the department of a change in ownership or a discontinuance of business or until such owner has failed to file tax reports and pay any applicable passenger-mile tax for four successive tax periods.

(2) For failure to apply for and secure a permit, the executive director of the department may impose a penalty in an amount equal to twenty-five percent of any tax found to be due and payable or twenty-five dollars, whichever is greater.

(3) Failure or refusal of an owner or operator to keep and maintain such records shall, upon certification by the department to the public utilities commission, be cause for suspension or revocation of a certificate of public convenience and necessity or a contract carrier permit.

(4) (a) If an examination of the financial responsibility of an owner or operator of a motor vehicle subject to the payment of the passenger-mile tax indicates that a financial guarantee in the form of cash, a certified check, a bank money order, a bond, or a negotiable certificate of deposit issued by a commercial bank doing business in this state and acceptable to the executive director is necessary to guarantee payment of the tax, the owner or operator may be required to deposit such guarantee with the department in an amount no greater than twice the amount of tax estimated by the executive director to become due and payable each tax period. If the deposit is in cash or a negotiable certificate of deposit, it shall be subject to forfeiture upon failure of the owner or operator to comply with sections 42-3-304 to 42-3-308, this section, article 10.1 of title 40, or the rules of the department or the public utilities commission; if it is a surety bond, it shall be conditioned upon the insured's faithful compliance with all applicable statutes and rules.

(b) Failure or refusal of an owner or operator to provide or to continue in effect the guarantee when required in paragraph (a) of this subsection (4) shall, upon certification by the department to the public utilities commission, be cause for denial, suspension, or revocation of a certificate of public convenience and necessity or a contract carrier permit.

(c) All cash, certified checks, bank money orders, negotiable certificates of deposit, and surety bonds deposited in compliance with this section shall be delivered into the custody of the state treasurer and held by the state treasurer subject to further order of the department. If an owner or operator ceases operations, the deposit or any balance thereof shall be returned to the owner or operator after all taxes, penalties, fees, and charges owed by such owner or operator pursuant to this article have been paid.

(5) The following penalties shall be imposed if a person negligently or knowingly includes an error in records required by subsection (1) of this section and such error is contained in a previously filed statement under section 42-3-308:

(a) Twenty-five percent of the deficiency assessed; and

(b) Interest of one-half of one percent per month on the deficiency assessed, which shall be in addition to the interest due under section 39-21-109, C.R.S.
C.R.S. § 42-4-1712 — CO Code / Title 42 / Article 4 / Part 17 / Section 42-4-1712
42-4-1712. Procedure prescribed not exclusive
Status: in_force

42-4-1712. Procedure prescribed not exclusive. The foregoing provisions of this article shall govern all police officers in making arrests without a warrant or issuing citations for violations of this article, for offenses or infractions committed in their presence, but the procedure prescribed in this article shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade.
C.R.S. § 42-4-410 — CO Code / Title 42 / Article 4 / Part 4 / Section 42-4-410
42-4-410. Inclusion in the diesel inspection program
Status: in_force

42-4-410. Inclusion in the diesel inspection program. (1) (a) Any home rule city, town, or county shall be included in the diesel inspection program set forth in this part 4 upon request by the governing body of such local government to the department of revenue and the department of public health and environment.

(b) When such a request is made, the departments and governing body shall agree to a start-up date for the diesel inspection program in such areas. Such a date shall be administratively practical and agreed to by the departments.

(c) On or after the dates agreed to pursuant to paragraph (b) of this subsection (1), diesel vehicles which are registered in the area shall be inspected and shall be required to comply with the provisions of this part 4 and rules and regulations adopted pursuant thereto as if such area was included in the program area.

(2) The executive directors of the departments of revenue and health and the commission shall perform all functions and exercise all phases related to the diesel emissions inspection program that they are otherwise required to perform under this part 4 in areas included in the program pursuant to this section.
C.R.S. § 42-7-102 — CO Code / Title 42 / Article 7 / Part 1 / Section 42-7-102
42-7-102. Legislative declaration
Status: in_force

42-7-102. Legislative declaration. (1) The general assembly is acutely aware of the toll in human suffering and loss of life, limb, and property caused by negligence in the operation of motor vehicles in our state. Although it recognizes that this basic problem can be and is being dealt with by direct measures designed to protect our people from the ravages of irresponsible drivers, the general assembly is also very much concerned with the financial loss visited upon innocent traffic accident victims by negligent motorists who are financially irresponsible. In prescribing the sanctions and requirements of this article, it is the policy of this state to induce and encourage all motorists to provide for their financial responsibility for the protection of others, and to assure the widespread availability to the insuring public of insurance protection against financial loss caused by negligent financially irresponsible motorists.

(2) (a) The general assembly hereby finds that motor vehicle accidents cause a substantial economic impact in lost wages, medical bills, and property destruction exacerbated by the following:

(I) Some negligent motorists are uninsured or flee the scene of an accident.

(II) Negligent motorists often attempt to avoid financial responsibility by means such as fleeing the state, concealing their whereabouts, or failing to update the address on their driver's license with the department of revenue, thereby frustrating service of process and preventing the innocent victim from accessing either the negligent driver's liability insurance policy or the uninsured motorist coverage the victim has purchased.

(III) When innocent traffic accident victims cannot access either the negligent driver's automobile liability policy or their own uninsured motorist coverage, the burden of the uncompensated losses are borne by the taxpayer in the form of taxes for medicaid, by trauma facilities in the form of uncompensated hospital-related costs, and by the innocent victim.

(b) (I) The state of Colorado encourages the widespread availability of uninsured or underinsured motorist insurance by requiring every motor vehicle liability policy delivered or issued in this state to contain uninsured motorist coverage unless the named insured rejects such coverage in writing.

(II) Because insurance benefits have been paid for by either the negligent driver or the innocent victim for the purpose of compensating the innocent victim for injuries or losses, the general assembly declares that it is necessary to simplify the process for an innocent victim to access the negligent driver's liability insurance policy or his or her own uninsured motorist coverage in order to prevent the burden from being borne by the taxpayer or the health-care system.

(c) Therefore, the general assembly declares that the policy of Colorado is that all motor vehicle liability policies shall require policyholders of an automobile liability policy to appoint their insurance carrier as an agent for the purpose of service of process in certain limited instances in accordance with section 42-7-414 (3), and to deem a defendant to be uninsured for purposes of uninsured or underinsured motorist coverage if the court deems service on the defendant's insurance company to be ineffective or insufficient.
C.R.S. § 42-20-302 — CO Code / Title 42 / Article 20 / Part 3 / Section 42-20-302
42-20-302. Application for route designation - procedure - approval
Status: in_force

42-20-302. Application for route designation - procedure - approval. (1) Petitions for new route designations or for a change in an existing route designation may be submitted to the patrol no more than once a year:

(a) By a county, with respect to any public road maintained by the county, upon approval of the petition by the board of county commissioners of such county;

(b) By a town, city, or city and county, with respect to any public road located within such town, city, or city and county, including any portion of a county primary road designated pursuant to section 43-2-110 (1.5), C.R.S., that is subsequently annexed by a town or city, upon approval of the petition by the governing body of such town, city, or city and county;

(c) By the department of transportation, with respect to any public road maintained by the state, except for any public road located within a town, city, or city and county, upon approval of the petition by the transportation commission;

(d) By a public highway authority created pursuant to part 5 of article 4 of title 43 with respect to any public highway, as defined in section 43-4-503 (12), that it maintains, either directly or indirectly through a concession agreement or other agreement with a third party, upon approval of the petition by the board of directors of the public highway authority; or

(e) By any governmental entity that is a partner in a public-private partnership with respect to any highway, road, or street that it maintains, either directly or indirectly through a concession agreement or other agreement with a private partner, upon approval by the governing body of the governmental entity.

(2) A county, town, city, or city and county, with approval of the patrol, may adopt and enforce regulations or ordinances concerning the parking of motor vehicles, if such regulations and ordinances, as enforced or applied, do not prohibit or exclude motor vehicles carrying hazardous materials from the enforcing jurisdiction and do not unreasonably limit parking on or near the designated routes through the enforcing jurisdiction or for pickup and delivery.

(3) The petition shall describe specifically the designation sought, shall identify any local business or industry which is known to be significantly reliant on hazardous materials transportation and which would be affected by the designation, and shall include any other information which is necessary for the patrol to act upon the petition and which is required by rule and regulation of the patrol.

(4) Upon the filing of a complete petition with the patrol, the patrol shall give adequate public notice of such petition, including at least the following:

(a) Notification by certified mail to the governing body of any county, town, city, or city and county which would be affected by the route designation; and

(b) Publication in a newspaper having general circulation in each affected community once each week for three consecutive weeks.

(5) If the petitioner is not the department of transportation, the patrol shall provide a copy of the petition to the department of transportation for its review and comment.

(6) No sooner than thirty days after the requirements of subsections (3) and (4) of this section have been met and after reasonable notice to the petitioner, to the department of transportation, and to any persons requesting such notice, the patrol shall hold an informal public conference on the petition. At such conference, representatives of the petitioner and the department of transportation and any interested persons shall be afforded the opportunity to comment on the petition, and the petitioner shall have the opportunity to amend the petition. The patrol shall approve the designation if there is no opposition to the petition and if the requirements of subsection (8) of this section have been met.

(7) If there is opposition to the petition at the informal public conference and no agreement can be reached, the patrol shall hold a formal public hearing and act on the petition in accordance with the provisions of article 4 of title 24, C.R.S.

(8) No route designation shall be approved by the patrol unless it finds that:

(a) The routes available for the transportation of hazardous materials by motor vehicle:

(I) Are feasible, practicable, and not unreasonably expensive for such transportation;

(II) Are continuous within a jurisdiction and from one jurisdiction to another;

(III) Provide greater safety to the public than other feasible routes; and

(IV) Do not unreasonably burden interstate or intrastate commerce;

(b) The designation is not arbitrary or intended by the petitioner merely to divert the transportation of hazardous materials to other communities;

(c) Reasonable provision is made for signs along the affected public roads giving adequate notice of the designation to the public, to affected industry, and to transporters of hazardous materials. Such signs shall not be required in jurisdictions where the governmental authority has provided the patrol with professional quality maps which indicate the route designations in that jurisdiction.

(d) The designation will not interfere with the pickup or delivery of hazardous materials; and

(e) The designation is consistent with all applicable federal laws and regulations.

(9) Any town, city, city and county, or county may request the department of transportation to submit a petition to the patrol for a route designation on any highway maintained by the state within the jurisdiction of said local entity.

(10) The patrol shall make a final decision to approve or deny any petition for a route designation within six months of the filing of the petition.

(11) (a) The patrol shall base the approval or denial of a petition to exempt crude oil upon due consideration of the factors listed in subsection (8) of this section.

(b) The patrol shall approve route designations for gasoline, diesel fuel, and liquefied petroleum gas requested by petitioning authorities under section 42-20-301 (1) where the designations follow routes approved by the patrol for other hazardous materials under this section.
C.R.S. § 42-8-104 — CO Code / Title 42 / Article 8 / Section 42-8-104
42-8-104. Powers and duties - rules
Status: in_force

42-8-104. Powers and duties - rules. (1) The chief of the Colorado state patrol shall issue such rules as the chief deems necessary to implement this article and carry out its purposes. All permanent port of entry weigh stations established under the authority of this article shall be operated at times determined by the chief so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a port of entry weigh station. All port of entry weigh stations, either permanent or mobile, shall be equipped with weighing equipment approved as to accuracy by the division of inspection and consumer services of the department of agriculture.

(2) A port of entry officer, during the time that the officer is actually engaged in performing the officer's duties as such and while acting under proper orders or rules issued by the chief of the Colorado state patrol, shall exercise all the powers invested in peace officers in connection with directing traffic and in the enforcement of the provisions of this article 8; articles 2, 3, and 20 of this title 42; part 5 of article 4 of this title 42; and sections 42-4-106 (5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414; except that an officer does not have the power to serve civil writs and process and, in the exercise of the officer's duties, an officer has the authority to restrain and detain persons or vehicles and may impound any vehicle until any tax or license fee imposed by law is paid or until compliance is had with any tax or regulatory law or rule issued thereunder.
C.R.S. § 42-4-1715 — CO Code / Title 42 / Article 4 / Part 17 / Section 42-4-1715
42-4-1715. Convictions, judgments, and charges recorded - public inspection
Status: in_force

42-4-1715. Convictions, judgments, and charges recorded - public inspection. (1) (a) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this article or any other law regulating the operation of vehicles on highways.

(b) (I) Upon application by a person, the court shall expunge all records concerning a conviction of the person for UDD with a BAC of at least 0.02 but not more than 0.05 if:

(A) Such person presents a request for expungement to the court and provides all information required by the court to process such request;

(B) Such person is over twenty-one years of age and the court action regarding the offense has been concluded;

(C) The person has not been convicted for any other offense under section 42-4-1301 that was committed while such person was under twenty-one years of age;

(D) Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party;

(E) Such person has never held a commercial driver's license as defined in section 42-2-402; and

(F) Such person was not operating a commercial motor vehicle as defined in section 42-2-402.

(II) Upon receiving a request for expungement, the court may delay consideration of such request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense of DUI, DUI per se, DWAI, or UDD committed while the person was under twenty-one years of age.

(2) (a) Subject to paragraph (b) of this subsection (2), within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating this article or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made, the conviction was had, or bail was forfeited shall prepare and forward to the department an abstract of the record of the court covering every case in which the person had a judgment entered against him or her, was convicted, or forfeited bail, which abstract shall be certified by the preparer to be true and correct.

(b) For the holder of a commercial driver's license as defined in section 42-2-402 or an offense committed by a person operating a commercial motor vehicle as defined in section 42-2-402, within five days after conviction of a person upon a charge of violating this article or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the person was convicted shall prepare and forward to the department an abstract of the record of the court covering every case in which the person was convicted, which abstract shall be certified by the preparer to be true and correct.

(3) Said abstract must be made upon a form furnished by the department and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture.

(4) (a) Every court of record shall also forward a like report to the department:

(I) Upon the conviction of any person of vehicular homicide or any other felony in the commission of which a vehicle was used; and

(II) Upon the dismissal of a charge for DUI, DUI per se, DWAI, or UDD or if the original charge was for DUI, DUI per se, DWAI, or UDD and the conviction was for a nonalcohol- or nondrug-related traffic offense.

(b) (Deleted by amendment, L. 2008, p. 475, § 6, effective July 1, 2008.)

(5) The department shall keep all abstracts received under this section, as well as a record of penalty assessments received, at the main office, and the same shall be public records and subject to the provisions of section 42-1-206.
C.R.S. § 42-3-217.5 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-217.5
42-3-217.5. Special plates - breast cancer awareness - retirement
Status: repealed

42-3-217.5. Special plates - breast cancer awareness - retirement. (1) There is hereby established the breast cancer awareness special license plate. The department shall issue breast cancer special license plates to applicants for passenger cars, trucks, or motorcycles that do not exceed sixteen thousand pounds empty weight.

(2) The department shall work with interested parties to design the breast cancer awareness special license plate. The design for the special license plate shall conform with standards established by the department.

(3) (a) A person may apply for a breast cancer awareness special license plate if the person pays the taxes and fees required under this section.

(b) The amount of the taxes and fees for special license plates issued under this section is the same as the amount of the taxes and fees specified for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuing or replacing each such special license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-201, C.R.S.

(c) In addition to the taxes and fees specified in paragraph (b) of this subsection (3), a person applying for a new or replacement breast cancer awareness special license plate shall pay a surcharge of twenty-five dollars. A person applying on or before June 30, 2012, to renew a breast cancer awareness special license plate shall have the option to pay the twenty-five dollar surcharge but shall not be required to pay the surcharge in order to renew the special plate. On or after July 1, 2012, a person applying to renew a breast cancer awareness special license plate shall pay the twenty-five dollar surcharge required by this paragraph (c). The department shall transmit the surcharge to the state treasurer, who shall credit the surcharge to the breast and cervical cancer prevention and treatment fund created in section 25.5-5-308 (8)(a), C.R.S.

(4) Any renewal of a special license plate issued under this section shall be handled in the same manner as other license plates under the provisions of section 42-3-113 or, for personalized plates, under the provisions of section 42-3-211.

(5) An applicant may apply for personalized breast cancer awareness special plates. If the applicant complies with the requirements of section 42-3-211, the department may issue such plates upon payment of the additional fee required by section 42-3-211 (6) for personalized license plates. If the applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of breast cancer awareness special license plates for the vehicle upon paying the fee imposed by section 42-3-211 (6) and upon turning in such existing plates to the department. A person who has obtained personalized license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) to renew such plates. The fees imposed by this subsection (5) shall be in addition to all other taxes and fees imposed for breast cancer awareness special license plates.

(6) and (7) Repealed.
C.R.S. § 42-13-103 — CO Code / Title 42 / Article 13 / Section 42-13-103
42-13-103. Sale of unclaimed property
Status: in_force

42-13-103. Sale of unclaimed property. If the identity or location of the owner or person entitled to possession of the property has not been ascertained within six months after the law enforcement agency obtains possession of the property described in section 42-13-101, the sheriff, chief of police, or chief of the Colorado state patrol or a designated representative within the law enforcement agency shall effectuate the sale of such property for cash to the highest bidder at a public auction, notice of which, including time, place, and a brief description of such property, shall be published at least once in a newspaper of general circulation in the county wherein such official has authority or jurisdiction or, in the case of the Colorado state patrol, in the county wherein said public auction is to be held at least ten days prior to such auction.
C.R.S. § 42-3-259 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-259
42-3-259. Electric vehicle license plates
Status: in_force

42-3-259. Electric vehicle license plates. (1) The electric vehicle license plate is hereby established. On or after January 1, 2022, the department shall design the plate to indicate that the motor vehicle to which the plate is attached is an electric motor vehicle.

(2) (a) Upon registering an electric motor vehicle, the department shall issue electric vehicle license plates for the motor vehicle unless the owner elects to use different license plates in accordance with subsection (2)(b) of this section. An owner that is issued the plates shall display the plates on the electric motor vehicle in accordance with section 42-3-202.

(b) The owner of the electric motor vehicle may elect to use different license plates issued under this article 3 or the rules promulgated under this article 3, not including the license plates issued in accordance with section 42-3-203. If this article 3 or the rules promulgated under this article 3 require different license plates to be issued for a motor vehicle, the department shall issue the different license plates for the motor vehicle. If an electric motor vehicle is not issued electric vehicle license plates, the owner shall use the decal issued in section 42-3-304 (25) to identify the electric motor vehicle.

(3) Except as provided in section 42-3-304 (25), the amount of the taxes and fees for the electric vehicle license plates issued under this section is the same as the amount of the taxes and fees for regular motor vehicle license plates.

(4) An owner may apply for personalized electric vehicle license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue the plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of electric vehicle license plates for the electric motor vehicle upon paying the fee required by section 42-3-211 (6)(a) and upon turning in the existing plates to the department. An owner that has obtained personalized license plates under this subsection (4) must pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of the personalized plates. The fees under this subsection (4) are in addition to all other applicable taxes and fees.
C.R.S. § 42-3-127 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-127
42-3-127. Sale of special mobile machinery
Status: in_force

42-3-127. Sale of special mobile machinery. A person who sells special mobile machinery in the ordinary course of business shall notify in writing the buyer of the machinery that the machinery is required to be registered under this article. A person who violates this section commits a class B traffic infraction for each item of special mobile machinery sold without such a notice.
C.R.S. § 42-4-2501 — CO Code / Title 42 / Article 4 / Part 25 / Section 42-4-2501
42-4-2501. Educational materials - updating of driving manual
Status: in_force

42-4-2501. Educational materials - updating of driving manual. (1) The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, shall produce for the general public educational materials concerning legal requirements and safe practices for approaching controlled intersections as a pedestrian or while operating a low-speed conveyance, as defined in section 42-4-1412.5 (4)(b).

(2) The division of motor vehicles in the department shall include in updates to the "Colorado Driver Handbook" updated information regarding legal requirements and safe practices for approaching controlled intersections that reflects changes to prior law made by House Bill 22-1028, enacted in 2022.
C.R.S. § 42-2-101 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-101
42-2-101. Licenses for drivers required - penalty - definition
Status: in_force

42-2-101. Licenses for drivers required - penalty - definition. (1) Except as otherwise provided in part 4 of this article for commercial drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver's or minor driver's license or an instruction permit by the department under this article.

(2) No person shall drive any motor vehicle upon a highway in this state if such person's driver's or minor driver's license has been expired for one year or less and such person has not been issued another such license by the department or by another state or country subsequent to such expiration.

(3) No person shall drive any motor vehicle upon a highway in this state unless such person has in his or her immediate possession a current driver's or minor driver's license or an instruction permit issued by the department under this article.

(4) No person who has been issued a currently valid driver's or minor driver's license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person has not been issued the correct type or general class of license or permit.

(5) No person who has been issued a currently valid driver's or minor driver's license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such person's immediate possession.

(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance, exhibits to the court a currently valid driver's or minor driver's license.

(7) A charge of a violation of subsection (5) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance, exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost, stolen, or destroyed.

(8) The conduct of a driver of a motor vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:

(a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by this section; or

(b) The applicable conditions for exemption, as set forth in section 42-2-102, exist.

(9) The issue of justification or exemption is an affirmative defense. As used in this subsection (9), "affirmative defense" means that, unless the state's evidence raises the issue involving the particular defense, the defendant, to raise the issue, shall present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, then the liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the traffic infraction.

(10) Any person who violates any provision of subsection (1) or (4) of this section commits a class A traffic infraction. Any person who violates any provision of subsection (2), (3), or (5) of this section commits a class B traffic infraction.

(11) Notwithstanding any law to the contrary, a second or subsequent conviction under subsection (1) or (4) of this section, when a person receiving such conviction has not subsequently obtained a valid Colorado driver's license or the correct type or general class of license, shall result in the assessment by the department of six points against the driving privilege of the person receiving such second or subsequent conviction.