C.R.S. § 42-3-104 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-104
42-3-104. Exemptions - specific ownership tax - registration - domicile and residency - ru
Status: in_force

42-3-104. Exemptions - specific ownership tax - registration - domicile and residency - rules - definitions. (1) Only those items of classified personal property that are owned by the United States government or an agency or instrumentality thereof, by the state of Colorado or a political subdivision thereof, or by a service member either individually or jointly with a dependent shall be exempt from payment of the annual specific ownership tax imposed in this article.

(2) An item of classified personal property that is leased by the state of Colorado or a political subdivision thereof may be exempted by the department from payment of the annual specific ownership tax imposed in this article if the agreement under which such item is leased is first submitted to the department and approved by it. Such item shall remain exempt only if used and operated in strict conformance with the terms of such approved agreement.

(3) Registration is not required for the following:

(a) Vehicles owned by the United States government or by an agency thereof;

(b) Fire-fighting vehicles;

(c) Police ambulances and patrol wagons;

(d) Farm tractors and implements of husbandry designed primarily for use and used in agricultural operations;

(e) Special mobile machinery used solely on property owned or leased by the owner of such machinery and equipment and not operated on the public highways of the state, if the owner lists all of the machinery or equipment for assessment and taxation under part 1 of article 5 of title 39, C.R.S.;

(f) Special mobile machinery not operated on the highways of this state owned by a public utility and taxed under article 4 of title 39, C.R.S.;

(g) Special mobile machinery that is covered by a registration exempt certificate issued by the department in accordance with section 42-3-107 (16)(g).

(4) At the request of the appropriate authority, motor vehicles owned and operated by the state of Colorado or any agency or institution thereof or by a town, city, county, or city and county may be assigned, in lieu of the distinct registration number specified in this article, a special registration number indicating that such vehicle is owned and operated by the state of Colorado or any agency or institution thereof or by a town, city, county, or city and county, but only one such special registration number shall be assigned to each vehicle. An application for the special registration provided in this section that is made by the state of Colorado or any agency or institution thereof shall be made to the department only. An application for the special registration provided in this section that is made by any town, city, county, or city and county shall be made only to the authorized agent in the county wherein the applicant local government entity is located, and any such special registration shall be obtained directly from such authorized agent. Special registrations obtained under this subsection (4) shall be renewed annually pursuant to the requirements prescribed by the department.

(5) (a) One Class B or Class C motor vehicle weighing less than sixteen thousand pounds empty weight owned by a person who is a veteran and has established rights to benefits under the provisions of Public Law 663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, or is a veteran of the armed forces of the United States who incurred a disability and is receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected, permanent disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual blindness is exempt from the imposition of the annual specific ownership tax imposed by this article 3. Only one such Class B or Class C motor vehicle per veteran is exempt.

(b) A person who has a license plate for a veteran who has a disability or a woman veteran who has a disability, as either plate is issued under section 42-3-213, qualifies for the exemption created in this subsection (5).

(6) One Class B or Class C motor vehicle weighing less than sixteen thousand pounds empty weight owned by a natural person who, while serving in the armed forces of the United States, was incarcerated by an enemy of the United States during armed conflict with the United States or who survived the attack on Pearl Harbor shall be exempt from the imposition of the annual specific ownership tax imposed by this article. Only one such Class B or Class C motor vehicle per former prisoner of war shall be exempted. A person who survived the attack on Pearl Harbor shall be exempt from the imposition of specific ownership tax under this subsection (6) only if the person qualifies for a survivor's of the attack on Pearl Harbor license plate issued pursuant to section 42-3-213 (6).

(7) Those items of classified personal property that are owned or leased by an individual or organization that is exempt from payment of Colorado ad valorem taxes shall be exempt from imposition of the annual specific ownership tax imposed by this article.

(8) Either one Class B or one Class C motor vehicle weighing less than sixteen thousand pounds empty weight owned by a natural person who received a purple heart or medal of valor and who is authorized to use the purple heart or military valor special license plate pursuant to section 42-3-213 shall be exempt from the imposition of the annual specific ownership tax imposed by this article. Only one such Class B or Class C motor vehicle per purple heart or medal of valor recipient shall be exempted.

(9) (a) Notwithstanding that a service member has registered to vote in Colorado or paid or not paid taxes in the service member's state of residence, personal property owned by the service member, either individually or jointly with a dependent, while the service member is a resident of another state but domiciled in Colorado in compliance with military orders, shall be exempt from the imposition of the annual specific ownership tax imposed by this article.

(b) The personal property of a service member who is a resident of another state but domiciled in Colorado in compliance with military orders shall be not be deemed to be located in, be present in, or have a situs in the local jurisdiction of Colorado.

(c) A service member shall neither lose nor acquire residency or domicile in Colorado for the purpose of taxation, with regard to personal property of the service member in any tax jurisdiction of Colorado, if the domicile is in compliance with military orders.

(d) The residency of a service member shall not be established solely for the purpose of taxation. A service member shall be deemed to be a resident of Colorado when the service member is not domiciled in Colorado if the domicile is in compliance with military orders and the service member is a resident as defined by section 42-1-102 (81).

(e) For the purpose of voting in a federal, state, or local election, a service member who is in Colorado in compliance with military orders shall not:

(I) Be deemed to have lost residence or domicile in another state regardless of whether the person intends to return to the other state;

(II) Be deemed to have acquired residence or domicile in another state; or

(III) Be deemed to become a resident of another state.

(f) The executive director of the department may issue forms and promulgate rules necessary to implement this subsection (9).

(10) For the purposes of this section:

(a) "Dependent" means a service member's spouse, child, or an individual for whom the service member has provided more than one-half of the individual's support for at least one hundred eighty days immediately preceding an application for specific ownership tax exemption.

(b) "Service member" means a member of the United States armed forces.

(11) A Class A commercial vehicle that was registered in Colorado under the international registration plan, subsequently registered in another state, and then reregistered in Colorado is not subject to the specific ownership tax or registration fees during the period of time that the motor vehicle was registered in another state; except that the owner of a motor vehicle with an apportioned registration may be liable for the portion of the miles traveled in Colorado.
C.R.S. § 42-3-117 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-117
42-3-117. Nonresidents
Status: in_force

42-3-117. Nonresidents. (1) A nonresident owner, except as otherwise provided in this section, owning a foreign motor vehicle may operate or permit such vehicle to operate within this state without registering such vehicle or paying fees so long as the vehicle is currently registered in the state, country, or other place of which the owner is a resident, and the motor vehicle displays the number plate or plates issued for such vehicle in the place of residence of such owner.

(2) An owner or operator of a foreign vehicle operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise shall register such vehicle and pay the same fees as required for similar vehicles owned by residents of this state; except that a motor vehicle, truck, semitractor, truck tractor, bus, trailer, or semitrailer registered in a foreign state or country that has a registration reciprocity agreement with Colorado shall be registered in accordance with such agreement.
C.R.S. § 42-4-1411 — CO Code / Title 42 / Article 4 / Part 14 / Section 42-4-1411
42-4-1411. Use of earphones while driving
Status: in_force

42-4-1411. Use of earphones while driving. (1) (a) No person shall operate a motor vehicle while wearing earphones.

(b) For purposes of this subsection (1), "earphones" includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear or a device or portion of a device that only covers all or a portion of one ear and that is connected to a wireless, handheld telephone.

(2) Any person who violates this section commits a class B traffic infraction.

(3) Nothing in this section authorizes the holder of a commercial driver's license issued pursuant to part 4 of article 2 of this title to act in violation of any federal law or regulation relating to driving a commercial vehicle.
C.R.S. § 42-3-226 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-226
42-3-226. Special plates - share the road
Status: in_force

42-3-226. Special plates - share the road. (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 share the road special license plate. The department may stop issuing the share the road special license plate if three thousand license plates are not issued by July 1, 2011. A person may continue to use the share the road special license plate after July 1, 2011.

(b) (Deleted by amendment, L. 2009, (SB 09-175), ch. 226, p. 1028, § 5, effective July 1, 2009.)

(c) The design for the special license plate shall conform with standards established by the department and shall be subject to approval by Bicycle Colorado, Inc.

(3) (a) A person may apply for a share the road special 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 Bicycle Colorado, Inc., or a successor organization, confirming that such person meets the qualifications for the license plate established pursuant to this section.

(b) Bicycle Colorado, Inc., or a successor organization, may establish a specific level of contribution to a share the road education fund that qualifies a person to obtain special license plates under this section. Such fund shall be used to fund programs, activities, and events that educate bicyclists, motorists, law enforcement, and transportation officials on the rights and responsibilities of bicycling, safely sharing the road, and reducing bicycle crashes.

(c) Bicycle Colorado, Inc., or its successor organization, shall 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 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 share the road 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 share the road 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 share the road license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of such personalized plates. The fees under this subsection (5) are in addition to all other taxes and fees imposed for share the road license plates.
C.R.S. § 42-7-606 — CO Code / Title 42 / Article 7 / Part 6 / Section 42-7-606
42-7-606. Disclosure of insurance information - penalty
Status: in_force

42-7-606. Disclosure of insurance information - penalty. (1) Information provided by insurers and the department for inclusion in the database established pursuant to section 42-7-604 is the property of the insurer or the department, as the case may be, and may not be disclosed except as follows:

(a) The department shall verify a motor vehicle's insurance coverage upon request by any state or local government agency investigating, litigating, or enforcing such motor vehicle's compliance with the financial security requirements.

(b) The department shall disclose whether a motor vehicle has the required insurance coverage upon request by the following individuals and agencies only:

(I) The owner;

(II) The parent or legal guardian of the owner if the owner is an unemancipated minor;

(III) The legal guardian of the owner if the owner is legally incapacitated;

(IV) Any person who has power of attorney from the owner;

(V) Any person who submits a notarized release from the owner that is dated no more than ninety days before the date the request is made;

(VI) Any person suffering loss or injury in a motor vehicle accident, but only as part of an accident report authorized in part 16 of article 4 of this title; or

(VII) The office of the state auditor, for the purpose of conducting any audit authorized by law.

(2) Any person or agency who knowingly discloses information from the database for a purpose or to a person other than those authorized in this section commits a class A traffic infraction.

(3) The state shall not be liable to any person for gathering, managing, or using information in the database pursuant to this part 6.

(4) The designated agent shall not be liable to any person for performing its duties under this part 6, unless and to the extent said agent commits a willful and wanton act or omission. The designated agent shall be liable to any insurer damaged by the designated agent's negligent failure to protect the confidential and proprietary nature of the information and data disclosed by the insurer to the designated agent.

(5) The designated agent shall provide to this state an errors and omissions insurance policy covering said designated agent in an appropriate amount.

(6) No insurer shall be liable to any person for performing its duties under this part 6, unless and to the extent the insurer commits a willful and wanton act or omission.
C.R.S. § 42-4-1304 — CO Code / Title 42 / Article 4 / Part 13 / Section 42-4-1304
42-4-1304. Samples of blood or other bodily substance - duties of department of public heal
Status: in_force

42-4-1304. Samples of blood or other bodily substance - duties of department of public health and environment - rules. (1) The department of public health and environment shall establish a system for obtaining samples of blood or other bodily substance from the bodies of all pilots in command, vessel operators in command, or drivers and pedestrians fifteen years of age or older who die within four hours after involvement in a crash involving a motor vehicle, a vessel, or an aircraft. For purposes of this section, "vessel" has the meaning set forth in section 33-13-102, C.R.S. No person having custody of the body of the deceased shall perform any internal embalming procedure until a blood and urine specimen to be tested for alcohol, drug, and carbon monoxide concentrations has been taken by an appropriately trained person certified by the department of public health and environment. Whenever the driver of the vehicle cannot be immediately determined, the samples shall be obtained from all deceased occupants of the vehicle.

(2) All samples so collected shall be placed in containers of a type designed to preserve the integrity of a sample from the time of collection until it is subjected to analysis.

(3) All samples shall be tested and analyzed in the laboratories of the department of public health and environment, or in any other laboratory approved for this purpose by the department of public health and environment, to determine the amount of alcohol, drugs, and carbon monoxide contained in such samples or the amount of any other substance contained therein as deemed advisable by the department of public health and environment.

(4) The state board of health shall establish and promulgate such administrative rules and procedures as are necessary to ensure that collection and testing of samples is accomplished to the fullest extent. Such rules and procedures shall include but not be limited to the following:

(a) The certification of laboratories to ensure that the collection and testing of samples is performed in a competent manner, which may include waiving specific certification requirements for laboratories that are accredited by a nationally or internationally recognized accreditation organization that includes the scope of forensic toxicology; and

(b) The designation of responsible state and local officials who shall have authority and responsibility to collect samples for testing.

(5) All records of the results of such tests shall be compiled by the department of public health and environment and shall not be public information, but shall be disclosed on request to any interested party in any civil or criminal action arising out of the collision.

(6) All state and local public officials, including investigating law enforcement officers, have authority to and shall follow the procedures established by the department of public health and environment pursuant to this section, including the release of all information to the department of public health and environment concerning such samples and the testing thereof. The Colorado state patrol and the county coroners and their deputies shall assist the department of public health and environment in the administration and collection of such samples for the purposes of this section.

(7) The office of the highway safety coordinator, the department, the Colorado state patrol, and the division of criminal justice within the department of public safety have access to the results of the tests of samples taken as a result of a traffic crash for statistical analysis. The division of parks and wildlife has access to the results of the tests of samples taken as a result of a boating accident for statistical analysis.

(8) Failure to perform the required duties as prescribed by this section and by the administrative regulations and procedures resulting therefrom shall be deemed punishable under section 18-8-405, C.R.S.
C.R.S. § 42-6-128 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-128
42-6-128. Validity of mortgage between parties
Status: in_force

42-6-128. Validity of mortgage between parties. Nothing in this part 1 impairs the validity of a mortgage on a motor or off-highway vehicle between the parties as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence of a mortgage has acquired an interest in the motor or off-highway vehicle described in the mortgage, notwithstanding that the parties to the mortgage have failed to comply with this part 1.
C.R.S. § 42-3-109 — CO Code / Title 42 / Article 3 / Part 1 / Section 42-3-109
42-3-109. Tax for registration period
Status: in_force

42-3-109. Tax for registration period. Except as provided in sections 42-3-110, 42-3-304 (10), and 42-4-305 (5), the owner shall pay upon a purchased vehicle subject to registration under this article the prescribed fee for a twelve-month registration. In no event shall the specific ownership tax collected on any classified personal property be less than one dollar and fifty cents.
C.R.S. § 42-4-214 — CO Code / Title 42 / Article 4 / Part 2 / Section 42-4-214
42-4-214. Visual signals on service vehicles - rules - definition
Status: in_force

42-4-214. Visual signals on service vehicles - rules - definition. (1) Except as otherwise provided in this section, every authorized service vehicle must, in addition to any other equipment required by this article 4, be equipped with one or more warning lamps mounted as high as practicable, which must be capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of colors may be used as a warning lamp on an authorized service vehicle; except that an authorized service vehicle snowplow operated by a state, county, or local government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights must have sufficient intensity to be visible at five hundred feet in normal sunlight.

(2) The warning lamps authorized in subsection (1) of this section shall be activated by the operator of an authorized service vehicle only when the vehicle is operating upon the roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from the duty of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are required by this article. Service vehicles authorized to operate also as emergency vehicles shall also be equipped to comply with signal requirements for emergency vehicles.

(3) Whenever an authorized service vehicle is performing its service function and is displaying lights as authorized in subsection (1) of this section, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such service vehicle and, in the case of highway and traffic maintenance equipment engaged in work upon the highway, shall comply with the instructions of section 42-4-712.

(4) On or after January 1, 1978, only authorized service vehicles shall be equipped with the warning lights authorized in subsection (1) of this section.

(5) The department of transportation shall determine by rule which types of vehicles render an essential public service when operating on or along a roadway and warrant designation as authorized service vehicles under specified conditions, including, without limitation, vehicles that sell or apply chains or other equipment to motor vehicles necessary to enable compliance with section 42-4-106.

(6) (a) Any person who violates any provision of this section commits a class B traffic infraction; except that a person commits a class A traffic infraction if the person passes an authorized service vehicle snowplow that is operated by a state, county, or local government, displaying lights as authorized in subsection (1) of this section, and performing its service function in echelon formation with one or more other such snowplows.

(b) As used in this subsection (6), unless the context otherwise requires, "echelon formation" means a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead.
C.R.S. § 42-9-103 — CO Code / Title 42 / Article 9 / Section 42-9-103
42-9-103. Applicability
Status: in_force

42-9-103. Applicability. The provisions of sections 42-9-104, 42-9-105, and 42-9-106 shall not apply where the total cost of the labor and parts is one hundred dollars or less.
C.R.S. § 42-4-1303 — CO Code / Title 42 / Article 4 / Part 13 / Section 42-4-1303
42-4-1303. Records - prima facie proof
Status: in_force

42-4-1303. Records - prima facie proof. Official records of the department of public health and environment relating to certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state, and copies thereof, attested by the executive director of the department of public health and environment or the director's deputy and accompanied by a certificate bearing the official seal for said department that the executive director or the director's deputy has custody of said records, shall be admissible in all courts of record and shall constitute prima facie proof of the information contained therein. The department seal required under this section may also consist of a rubber stamp producing a facsimile of the seal stamped upon the document.
C.R.S. § 42-4-1608 — CO Code / Title 42 / Article 4 / Part 16 / Section 42-4-1608
42-4-1608. Accident report forms
Status: in_force

42-4-1608. Accident report forms. (1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.

(2) Every required accident report shall be made on a form approved by the department, where such form is available.
C.R.S. § 42-13-106 — CO Code / Title 42 / Article 13 / Section 42-13-106
42-13-106. Impounded vehicles - notice - hearing
Status: in_force

42-13-106. Impounded vehicles - notice - hearing. (1) Whenever a motor vehicle is impounded and ordered held by the Colorado state patrol for a violation of motor vehicle registration or inspection laws, said patrol shall notify the registered owner of record of the impoundment of such vehicle and of the owner's opportunity to request a hearing to determine the validity of the impoundment.

(2) Such notice shall be sent by certified mail to the owner of the motor vehicle within forty-eight hours of impoundment, excluding weekends and holidays, and shall include the following information:

(a) The address and telephone number of the Colorado state patrol;

(b) The location of storage of the motor vehicle;

(c) A description of the motor vehicle, which shall include, if available, the make, model, license plate number, mileage, and vehicle identification number;

(d) The reason for which the motor vehicle was ordered held;

(e) A citation to this section as the basis for the hearing provided for in subsection (1) of this section;

(f) That, if the owner fails to request a hearing or if the impoundment is determined to be valid and the owner does not comply with the appropriate statute within thirty days, the motor vehicle may be subject to sale; and

(g) That, in order to obtain a hearing concerning the validity of the impoundment, the owner must request such hearing in writing in the county court of the county in which the motor vehicle was impounded within ten days after the date appearing on the notice.

(3) Any notice sent to the owner of a motor vehicle pursuant to this section shall also include a form that the owner shall use when requesting a hearing in the county court of the county in which the motor vehicle is impounded. Such form shall include at least the following:

(a) The name and address of the owner of the impounded motor vehicle;

(b) A description of the motor vehicle as specified in paragraph (c) of subsection (2) of this section;

(c) The reason for which the motor vehicle was ordered held;

(d) A printed citation to this section as the basis for the requested hearing;

(e) A printed statement naming the Colorado state patrol as a party to the action;

(f) A printed statement that the hearing is requested to contest the legality of the impoundment; and

(g) A statement to the owner of the motor vehicle that a copy of the citation on which the impoundment was based and a copy of the notice served on the owner by the Colorado state patrol must be attached to the form to complete the owner's request for a hearing.

(4) Any such hearing shall be conducted within five days after the court's receipt of the owner's request for a hearing, excluding weekends and holidays. The clerk of the county court to which the request for hearing was made shall provide written notice of the scheduled date, time, and location of said hearing to both the requesting party and the Colorado state patrol, which notice shall be delivered at least two days prior to the hearing date. The failure of the owner to request or to attend a scheduled hearing shall satisfy the hearing requirement of this section.

(5) The sole issue of the hearing shall be the legality of the impoundment of the motor vehicle. The burden of proof shall be on the Colorado state patrol to establish probable cause for the impoundment.

(6) If the court determines that the impoundment was invalid, the Colorado state patrol shall be responsible only for the costs incurred in the towing and storage of the motor vehicle. If the court determines that the impoundment was valid and if the owner does not comply with the appropriate statute within ten days after the court's decision and refuses to remove the motor vehicle by means other than under its own power on a public highway, the Colorado state patrol shall have reasonable grounds to believe that the motor vehicle has been abandoned, and the provisions of part 18 or 21 of article 4 of this title shall apply; except that any notice or hearing requirements of said part 18 or 21 of article 4 of this title as to owners of motor vehicles shall be deemed to have been met by the notice and hearing provisions of this section. Nevertheless, the notice and hearing requirements of said part 18 or 21 of article 4 of this title as to lienholders, other than section 42-4-1814, shall not be deemed to have been met by the notice and hearing provisions of this section.

(7) The provisions of this section shall not apply to removal of motor vehicles for any purpose other than those specified in this section.
C.R.S. § 42-4-104 — CO Code / Title 42 / Article 4 / Part 1 / Section 42-4-104
42-4-104. Adoption of traffic control manual
Status: in_force

42-4-104. Adoption of traffic control manual. The department of transportation shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this article for use upon highways within this state. Such uniform system shall correlate with and insofar as possible conform to the system set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other related standards issued or endorsed by the federal highway administrator. For compliance with this section, the said department shall either publish and distribute a state manual and specifications approved by the transportation commission or shall, by the issuance of a traffic control manual supplement approved by the transportation commission, adopt the said national manual and other related standards subject to such exceptions, additions, and adaptations as are necessary for lawful and uniform application in this state. Said state manual or supplement shall be made available to all municipal and county road authorities and to other concerned agencies in the state.
C.R.S. § 42-4-510 — CO Code / Title 42 / Article 4 / Part 5 / Section 42-4-510
42-4-510. Permits for excess size and weight and for manufactured homes - penalty - rules
Status: repealed

42-4-510. Permits for excess size and weight and for manufactured homes - penalty - rules - definitions. (1) (a) The department of transportation, the Colorado state patrol with respect to highways under its jurisdiction, or any local authority with respect to highways under its jurisdiction may, upon application in writing and good cause being shown therefor, issue a single trip, a special, or an annual permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which said party is responsible; except that permits for the movement of any manufactured home shall be issued as provided in subsection (2) of this section.

(b) (I) The application for any permit must specifically describe the vehicle and load to be operated or moved; the particular highways for which the permit to operate is requested; whether the permit is for a single trip, a special, or an annual operation; and the time of such movement. All state permits are issued in the discretion of the department of transportation, subject to rules adopted by the transportation commission in accordance with this section and section 42-4-511. Except as provided in section 42-4-513, all local permits are issued in the discretion of the local authority pursuant to ordinances or resolutions adopted in accordance with section 42-4-511. Any ordinances or resolutions of local authorities must not conflict with this section.

(II) An overweight permit issued pursuant to this section shall be available for overweight divisible loads if:

(A) The vehicle has a quad axle grouping and the maximum gross weight of the vehicle does not exceed one hundred ten thousand pounds; or

(B) The vehicle is operated in combination with a trailer or semitrailer, the trailer has two or three axles, and the maximum gross weight of the vehicle does not exceed ninety-seven thousand pounds; and

(C) The owner and operator of the motor vehicle are in compliance with the federal "Motor Carrier Safety Improvement Act of 1999", Pub.L. 106-159, as amended, as applicable to commercial vehicles; and

(D) The vehicle complies with rules promulgated by the department of transportation concerning the distribution of the load upon the vehicle's axles.

(III) A permit issued pursuant to this paragraph (b) shall not authorize the operation or movement of a motor vehicle on the interstate highway in violation of federal law.

(IV) An applicant for a permit must provide the department of transportation, the Colorado state patrol, or the local authority with acceptable third-party documentation establishing the gross weight of the load if the permit application is for a vehicle and load combination weighing at least two hundred thousand pounds and less than five hundred thousand pounds. The driver shall carry the documentation in the vehicle during the permitted move and produce, upon request, the documentation for any state agency or law enforcement personnel. Acceptable third-party documentation includes:

(A) A manufacturer's certification of the weight of the load;

(B) A certified weight ticket from a certified public scale;

(C) A clearance certification from a law enforcement agency that has weighed the vehicle and load; or

(D) A third-party bill of lading that clearly indicates the weight of the load.

(c) (I) A single trip or annual permit shall be issued pursuant to this section for a self-propelled fixed load crane that exceeds legal weight limits if it does not exceed the weight limits authorized by the department of transportation. A boom trailer or boom dolly shall not be permitted unless the boom trailer or boom dolly is attached to the crane in a manner and for the purpose of distributing load to meet the weight requirements established by the department. A self-propelled fixed load crane may be permitted with counterweights when a boom trailer or boom dolly is used if the counterweights do not exceed the manufacturer's rated capacity of the self-propelled fixed load crane and do not cause the vehicle to exceed permitted axle or gross weight limits. A permit issued pursuant to this paragraph (c) shall not authorize movement on interstate highways if not approved by federal law.

(II) For the purposes of this paragraph (c), "self-propelled fixed load crane" means a self-powered mobile crane designed with equipment or parts permanently attached to the body of the crane. A self-propelled fixed load crane includes, without limitation, the crane's shackles and slings.

(d) For the purposes of this section, section 42-4-511, and any rule promulgated under this section or section 42-4-511, a load of fluid milk products carried by a vehicle is deemed to not be a divisible load.

(1.5) (a) The department of transportation may, upon application in writing or electronically made and good cause being shown therefor, issue an annual fleet permit authorizing the applicant to operate or move any two or more vehicles owned by the applicant of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any highway.

(b) The application for any annual fleet permit shall specifically describe the vehicles, loads, and estimated number of loads to be operated or moved and the particular highways for which the permit to operate is requested, as defined by rules of the department of transportation. Permits issued pursuant to this subsection (1.5) shall not authorize the operation of vehicles that exceed the maximum dimensions allowed for vehicles operating under annual permits issued pursuant to the rules of the department pertaining to transport permits for the movement of extra-legal vehicles or loads.

(c) The department shall provide the option to a company filing for a permit under this subsection (1.5) to file an express consent waiver that enables the company to designate a company representative to be a party of interest for a violation of this section. The appearance of the company representative in a court hearing without the operator when the operator has signed such waiver shall not be deemed the practice of law in violation of article 93 of title 13.

(1.7) (a) The department of transportation may issue super-load permits for:

(I) A combination vehicle with a weight of five hundred thousand pounds or more that occupies two lanes to haul the load; or

(II) An unladen combination vehicle with an expandable dual-lane transport trailer that occupies two lanes.

(b) (I) The department of transportation may place restrictions on the use of a permit. A person shall obey the restrictions contained in a permit.

(II) (A) The department of transportation may refuse to issue a permit to a person who has been held by an administrative law judge to have disobeyed permit restrictions or to have violated this section or rules promulgated under this section in a hearing held in accordance with article 4 of title 24, C.R.S.

(B) The department shall create a system that tracks the compliance of permit holders and use the system to determine if a permit holder has a pattern of noncompliance. The department shall promulgate rules establishing standards to deny permits to persons who show a pattern of noncompliance, which standards include the length of time a permit is denied based upon the number and type of noncomplying events.

(III) The department of transportation shall include in a super-load permit a speed restriction, not to exceed twenty-five miles per hour on the highway and ten miles per hour on structures; except that the department of transportation may modify the speed restriction when necessary for safety or to prevent structural damage.

(c) When filing an application, an applicant for a super-load permit shall provide the department of transportation with documentation, acceptable to the department of transportation, from a third party establishing the gross weight of the load. The driver shall carry the documentation in the vehicle during the permitted move and produce, upon request, the documentation for any state agency or law enforcement personnel.

(d) The department of transportation may refuse to issue a super-load permit under this section for an unladen combination vehicle unless the applicant breaks the load down to the smallest dimensions possible. The department of transportation may refuse to issue a super-load permit under this section for an unladen vehicle unless the applicant renders the dual lane trailer into legal loads.

(e) The department of transportation, Colorado state patrol, or port of entry shall inspect the load of a super-load permit holder, at the permit holder's expense, at the nearest point where the shipment enters the state, at a location specified by the department of transportation, or at the load's point of origin to ensure compliance with the permit requirements and safety statutes and rules, including:

(I) Height, width, and length;

(II) Number of axles;

(III) Date of move;

(IV) Correct route;

(V) Documentation of load weight;

(VI) Use of signs and pilot cars; and

(VII) Weight, if the vehicle can be weighed within two hours.

(f) The department of transportation shall notify the port of entry of the permit's issuance and the location and date of the move.

(g) Repealed.

(2) (a) An authentication of paid ad valorem taxes, after notification of such movement to the county treasurer, may serve as a permit for movement of manufactured homes on public streets or highways under the county's jurisdiction. An authentication of paid ad valorem taxes from the county treasurer of the county from which the manufactured home is to be moved, after notification of such movement has been provided to the county assessor of the county to which the manufactured home is to be moved, pursuant to section 39-5-205, C.R.S., may also serve as a permit for the movement of manufactured homes from one adjoining county to an adjoining county on streets and highways under local jurisdiction. The treasurer shall issue along with the authentication of paid ad valorem taxes a transportable manufactured home permit. The treasurer may establish and collect a fee, which shall not exceed ten dollars, for issuing the authentication of paid ad valorem taxes and the transportable manufactured home permit. Such transportable manufactured home permit shall be printed on an eleven inch by six inch fluorescent orange card and shall contain the following information: The name and address of the owner of the mobile home; the name and address of the mover; the transport number of the mover, a description of the mobile home including the make, year, and identification or serial number; the county authentication number; and an expiration date. The expiration date shall be set by the treasurer, but in no event shall the expiration date be more than thirty days after the date of issue of the permit. Such transportable manufactured home permit shall be valid for a single trip only. The transportable manufactured home permit shall be prominently displayed on the rear of the mobile home during transit of the mobile home. Peace officers and local tax and assessment officials may request, and upon demand shall be shown, all moving permits, tax receipts, or certificates required by this subsection (2). Nothing in this section shall require a permit from a county treasurer for the movement of a new manufactured home. For the purposes of this section, a new manufactured home is one in transit under invoice or manufacturer's statement of origin which has not been previously occupied for residential purposes.

(b) All applications for permits to move manufactured homes over state highways shall comply with the following special provisions:

(I) Each such application shall be for a single trip, a special permit, an annual permit, or, subject to the requirements of paragraph (a) of subsection (1.5) of this section, an annual fleet permit. The application shall be accompanied by a certificate or other proof of public liability insurance in amounts of not less than one hundred thousand dollars per person and three hundred thousand dollars per accident for all manufactured homes moved within this state by the permit holder during the effective term of the permit. Each application for a single trip permit shall be accompanied by an authentication of paid ad valorem taxes on the used manufactured home.

(II) Holders of permits shall keep and maintain, for not less than three calendar years, records of all manufactured homes moved in whole or in part within this state, which records shall include the plate number of the towing vehicle; the year, make, serial number, and size of the unit moved, together with date of the move; the place of pickup; and the exact address of the final destination and the county of final destination and the name and address of the landowner of the final destination. These records shall be available upon request within this state for inspection by the state of Colorado or any of its ad valorem taxing governmental subdivisions.

(III) Holders of permits shall obtain an authentication of paid ad valorem taxes through the date of the move from the owner of a used manufactured home or from the county treasurer of the county from which the used manufactured home is being moved. Permit holders shall notify the county treasurer of the county from which the manufactured home is being moved of the new exact address of the final destination and the county of final destination of the manufactured home and the name and address of the landowner of the final destination, and, if within the state, the county treasurer shall forward copies of the used manufactured home tax certificate to the county assessor of the destination county. County treasurers may compute ad valorem manufactured home taxes due based upon the next preceding year's assessment prorated through the date of the move and accept payment of such as payment in full.

(IV) No owner of a manufactured home shall move the manufactured home or provide for the movement of the manufactured home without being the holder of a paid ad valorem tax certificate and a transportable manufactured home permit thereon, and no person shall assist such an owner in the movement of such owner's manufactured home, including a manufactured home dealer. Except as otherwise provided in this paragraph (b), a permit holder who moves any manufactured home within this state shall be liable for all unpaid ad valorem taxes thereon through the date of such move if movement is made prior to payment of the ad valorem taxes due on the manufactured home moved.

(V) In the event of an imminent natural or man-made disaster or emergency, including, but not limited to, rising waters, flood, or fire, the owner, owner's representative or agent, occupant, or tenant of a manufactured home or the mobile home park owner or manager, lienholder, or manufactured home dealer is specifically exempted from the need to obtain a permit pursuant to this section and may move the endangered manufactured home out of the danger area to a temporary or new permanent location and may move such manufactured home back to its original location without a permit or penalty or fee requirement. Upon any such move to a temporary location as a result of a disaster or emergency, the person making the move or such person's agent or representative shall notify the county assessor in the county to which the manufactured home has been moved, within twenty days after such move, of the date and circumstances pertaining to the move and the temporary or permanent new location of the manufactured home. If the manufactured home is moved to a new permanent location from a temporary location as a result of a disaster or emergency, a permit for such move shall be issued but no fee shall be assessed.

(3) The department of transportation, the Colorado state patrol, or any local authority is authorized to issue or withhold a permit, as provided in this section, and, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations, surfaces, or structures and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any highway or highway structure.

(4) The original or a copy of every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit; except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or an authorized agent of the authority that granted a permit may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be carried in the vehicle or combination of vehicles to which it refers. No person shall violate any of the terms or conditions of such permit.

(5) The department of transportation or the Colorado state patrol shall, unless such action will jeopardize distribution of federal highway funds to the state, authorize the operation or movement of a vehicle or combination of vehicles on the interstate highway system of Colorado at a maximum weight of eighty-five thousand pounds.

(6) No vehicle having a permit under this section shall be remodeled, rebuilt, altered, or changed except in such a way as to conform to those specifications and limitations established in sections 42-4-501 to 42-4-507 and 42-4-1407.

(7) Any person who has obtained a valid permit for the movement of any oversize vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same not more than three illuminated flashing yellow signals as warning devices.

(8) (a) The department of transportation shall have a procedure to allow those persons who are transporting loads from another state into Colorado and who would require a permit under the provisions of this section to make advance arrangements by telephone or other means of communication for the issuance of a permit if the load otherwise complies with the requirements of this section.

(b) The Colorado state patrol shall have available for issuance at each fixed port of entry weigh station permits for extralegal vehicles or loads; except that special permits for extralegal vehicles or loads that are considered extraordinary in dimensions or weight, or both, and that require additional safety precautions while in transit shall be issued only by the department of transportation. A port of entry may issue such special permits if authorized to do so by the department of transportation and under such rules as the department of transportation may establish, and may deliver from a fixed port of entry weigh station any permit issued by the department of transportation.

(c) Repealed.

(9) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to such person's place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5.

(10) The Colorado state patrol, the personnel in any port of entry weigh station, and local law enforcement officials shall verify the validity of permits issued under this section whenever feasible. Upon determination by any of such officials or by any personnel of a county assessor's or county treasurer's office indicating that a manufactured home has been moved without a valid permit, the district attorney shall investigate and prosecute any alleged violation as authorized by law.

(11) (a) The department of transportation or the Colorado state patrol may charge permit applicants permit fees as follows:

(I) For overlength, overwidth, and overheight permits on loads or vehicles which do not exceed legal weight limits:

(A) Annual permit, two hundred fifty dollars;

(B) Single trip permit, fifteen dollars;

(II) For overlength, including front or rear overhang, annual fleet permits on loads or vehicles which do not exceed legal weight limits, one thousand five hundred dollars plus fifteen dollars per fleet vehicle. For purposes of this subparagraph (II), "fleet" means any group of two or more vehicles owned by one person. This subparagraph (II) shall only apply for public utility vehicles and loads.

(III) For overweight permits for vehicles or loads exceeding legal weight limits up to two hundred thousand pounds:

(A) Annual permit, four hundred dollars;

(B) Single trip permit, fifteen dollars plus five dollars per axle;

(C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any group of two or more vehicles owned by one person. This sub-subparagraph (C) shall apply only to longer vehicle combinations as defined in section 42-4-505.

(IV) Special permits for structural, oversize, or overweight moves requiring extraordinary action or moves involving weight in excess of two hundred thousand pounds, one hundred twenty-five dollars for a permit for a single trip, including a super-load permit issued under subsection (1.7) of this section; except that a super-load permit fee is four hundred dollars;

(V) The fee for an annual fleet permit issued pursuant to subsection (1.5) or (2) of this section is three thousand dollars for a fleet of from two to ten vehicles plus three hundred dollars for each additional vehicle in the fleet;

(VI) For overweight permits for vehicles that have a quad axle grouping for divisible vehicles or loads exceeding legal weight limits issued pursuant to subsection (1)(b)(II)(A) of this section:

(A) Annual permit, five hundred dollars; and

(B) Single trip permit, thirty dollars plus ten dollars per axle;

(C) Repealed.

(D) (Deleted by amendment, L. 2009, (HB 09-1318), ch. 316, p. 1704, § 2, effective January 1, 2010.)

(VII) For overweight permits for vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(II)(B) of this section:

(A) Annual permit, five hundred dollars;

(B) Six-month permit, two hundred fifty dollars; and

(C) Single-trip permit, fifteen dollars plus ten dollars per axle;

(D) Repealed.

(VIII) For annual fleet overweight permits for fleets of vehicles that have a quad axle grouping, fleets of vehicle combinations with a trailer that has two or three axles, and fleets of both vehicles that have a quad axle grouping and vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(II) of this section, two thousand dollars plus thirty-five dollars per vehicle to be permitted.

(b) Any local authority may impose a fee, in addition to but not to exceed the amounts required in subparagraphs (I) and (III) of paragraph (a) of this subsection (11), as provided by the applicable local ordinance or resolution; and, in the case of a permit under subparagraph (IV) of paragraph (a) of this subsection (11), the amount of the fee shall not exceed the actual cost of the extraordinary action.

(12) (a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section, any ordinance or resolution of a local authority, or any standards or rules or regulations promulgated pursuant to this section, except the provisions of subsection (2)(b)(IV) of this section, commits a class 2 misdemeanor.

(b) Any person who violates the provisions of subsection (2)(b)(IV) of this section commits a petty offense.

(c) The department of transportation with regard to any state permit and the local authority with regard to a local permit may, after a hearing under section 24-4-105, C.R.S., revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of a local authority, or any standards or rules promulgated pursuant to this section.

(d) A driver or holder of a permit issued pursuant to subsection (1.7) of this section who fails to comply with the terms of the permit or subsection (1.7) of this section commits a class 2 misdemeanor.

(e) In addition to any other penalty, a carrier using a permit subject to subsection (1)(b)(IV) of this section that fails to have the documentation described in subsection (1)(b)(IV) of this section is subject to a penalty of one dollar per pound in excess of the gross weight authorized by the permit. A court shall transfer a penalty collected pursuant to this subsection (12)(e) to the state treasurer, who shall credit the penalty to the statewide bridge and tunnel enterprise special revenue fund, created in section 43-4-805 (3).
C.R.S. § 42-1-231 — CO Code / Title 42 / Article 1 / Part 2 / Section 42-1-231
42-1-231. Kiosk program
Status: repealed

42-1-231. Kiosk program. (1) An authorized agent may conduct a kiosk program using a private provider to provide services concerning any function the authorized agent performs under article 2, 3, or 6 of this title 42, not including part 5 of article 2 of this title 42. The kiosk program may include mobile telephone and web solutions to provide services. An authorized agent shall:

(a) Allow a resident in the county's jurisdiction to use a kiosk in another county for any purpose authorized under this section; and

(b) Allow a resident of another county to use a kiosk in the county's jurisdiction for any purpose authorized under this section.

(2) (a) The authorized agent may use a competitive bid process to select the private provider.

(b) The authorized agent may assess a convenience fee, as negotiated between the authorized agent and the private provider, for the services provided in the kiosk program. The authorized agent may authorize the private provider to retain a portion or all of the convenience fee.

(3) (a) The department may accept financial assistance from an authorized agent or a private party to implement this program, so long as the financial assistance is directly related to the kiosk program and does not stipulate a condition that conflicts with state law.

(b) Repealed.

(c) (I) The department shall transfer any money accepted under this subsection (3) to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211. The department shall use any money accepted under this subsection (3) to implement this section.

(II) Repealed.

(4) To implement this program, the authorized agent and the department shall coordinate with each other to ensure that the program will operate successfully and in accordance with state law.

(5) Any private provider participating in the kiosk program is not excluded from any competitive bid process associated with motor vehicle registration, issuing certificates of title, or issuing driver's licenses.

(6) To be qualified to be a private provider, a person must:

(a) Meet the security requirements established by rule by the office of information technology; and

(b) Operate in accordance with a service-level agreement with the authorized agent.

(7) (a) The private provider shall not retain the information obtained from a transaction authorized under this section for any purpose other than the purposes of this section and as required in the service-level agreement with the authorized agent.

(b) The private provider shall not transfer to another person or use or copy information obtained from a transaction authorized under this section for any purpose other than the purposes of this section and as required in the service-level agreement with the authorized agent.
C.R.S. § 42-4-2103 — CO Code / Title 42 / Article 4 / Part 21 / Section 42-4-2103
42-4-2103. Abandonment and nonconsensual towing of motor vehicles - private property - rule
Status: repealed

42-4-2103. Abandonment and nonconsensual towing of motor vehicles - private property - rules. (1) (a) Motor vehicles abandoned at repair shops shall be removed as set forth in section 38-20-116 (2.5), C.R.S.

(b) No person shall abandon any motor vehicle upon private property other than his or her own. Any owner or lessee, or the owner's or lessee's agent authorized in writing, may have an abandoned motor vehicle removed from his or her property by having it towed and impounded by an operator. Motor vehicles abandoned upon the property of a motor vehicle recycler may be recycled in accordance with part 22 of this article if the vehicle's appraisal value is less than three hundred fifty dollars.

(2) (a) (I) Any operator possessing a motor vehicle that was abandoned on private property shall notify, within thirty minutes, the department, the sheriff, or the sheriff's designee, of the county in which the motor vehicle is located or the chief of police, or the chief's designee, of the municipality in which the motor vehicle is located. The notice must include:

(A) The name of the operator;

(B) The location of the storage facility where the vehicle is located; and

(C) A description of the abandoned motor vehicle, including the make, model, color, and year; the number, issuing state, and expiration date of the license plate; and the vehicle identification number.

(II) An operator is deemed to have complied with subsection (2)(a)(I) of this section if:

(A) The operator gave the location of the storage facility to the law enforcement agency when obtaining authorization for the tow; or

(B) The operator made two or more attempts, within the thirty minutes required in subsection (2)(a)(I) of this section, to notify the responsible law enforcement agency but was unsuccessful for reasons beyond the control of the operator.

(b) Upon receiving the notice required in subsection (2)(a) of this section, the law enforcement agency that receives the notice shall:

(I) Assign the vehicle a tow report number immediately;

(II) Enter the vehicle and the fact that it has been towed in the Colorado crime information center computer system; and

(III) Ascertain, if possible, whether the vehicle has been reported stolen, and, if so, the agency shall:

(A) Recover and secure the motor vehicle;

(B) Notify its rightful owner; and

(C) Terminate the abandonment proceedings under this part 21.

(c) Upon the release of the vehicle to the owner or lienholder, the operator shall notify the responsible law enforcement agent, who shall adjust or delete the entry in the Colorado crime information center computer system. The responsible law enforcement agency and operator have the right to recover from the owner their reasonable fees for recovering and securing the vehicle. Nothing in this section authorizes fees for services that were not provided or that were provided by another person or entity.

(3) (a) Not more than ten days after a motor vehicle has been towed, an operator shall report the motor vehicle tow to the department by first-class or certified mail, by personal delivery, or by internet communication. The report must be on a form prescribed and supplied by the department.

(b) The report shall contain the following information:

(I) The fact of possession, including the date possession was taken, the location of storage of the abandoned motor vehicle and the location from which it was towed, the tow report number, and the identity of the law enforcement agency determining that the vehicle was not reported stolen;

(II) The identity of the operator possessing the abandoned motor vehicle, together with the operator's business address and telephone number and the carrier number assigned by the public utilities commission; and

(III) A description of the abandoned motor vehicle, including the make, model, color, and year, the number, issuing state, and expiration date of the license plate, or any other indicia of the motor vehicle's state of origin, and the vehicle identification number.

(c) (I) (A) Not more than ten days after a motor vehicle has been towed, an operator or its agent shall determine who the owner is and whether there is a lienholder and notify the owner and any lienholder by sending a notice by certified mail, return receipt requested, to the address of the owner and any lienholder as determined from records of the department or from the national search performed by the department in accordance with subsection (3)(c)(IV) of this section. An operator should wait twenty-four hours after the tow to notify the owner and any lienholder and send the notice as soon as reasonably practical after the twenty-four hours. An operator shall not charge more than seventy-five dollars to send the notice.

(B) If the department conducts a national title search in accordance with subparagraph (IV) of this paragraph (c), each day elapsing between the department being notified and the department returning information on the motor vehicle as a result of the search does not count against the tow operator's ten-day deadline to contact the motor vehicle's owner or any lienholder. This sub-subparagraph (B) does not affect daily storage fees.

(C) The notice must include the information required by the report set forth in paragraph (b) of this subsection (3).

(D) The cost of complying with this subsection (3)(c) is a cost of towing. The tow operator shall send the notice to the owner and lienholder within five days after receiving the information from the department in accordance with subsection (3)(c)(I)(A) of this section.

(II) The operator is not entitled to recover any daily storage fees from the day the vehicle is towed until the day the operator sends the owner and any lienholder the notice required in subsection (3)(c)(I) of this section; except that the operator may charge for the first twenty-four hours of storage in accordance with section 40-10.1-405 (1)(c)(I).

(III) The department shall implement an electronic system whereby an operator registered under section 42-4-1806 (2) or the agent of such operator shall have access to correct information relating to any owner and lienholder of a vehicle towed by the operator as represented in the department records. The department shall ensure that the information available to an operator or its agent is correct and is limited solely to that information necessary to contact the owner and lienholder of such vehicle.

(IV) If the tow operator determines in accordance with this subsection (3) that the department does not have a current record for a motor vehicle, the tow operator shall notify the department in writing, including electronically. Upon receiving the notice, the department shall conduct a title search with an entity that:

(A) Has a national database;

(B) May retrieve records based on both the vehicle identification number and vehicle registration number on the license plate; and

(C) Provides the following information: The vehicle identification number, the vehicle registration number, the owner's name and contact information, and the lienholder's name and contact information.

(V) Within ten working days after receiving the written notice that no record exists under subparagraph (IV) of this paragraph (c), the department shall complete its search and shall transmit all relevant information to the responsible law enforcement agency or tow operator. This ten-day period does not decrease the number of days a tow operator has to notify the owner or lienholder in accordance with this paragraph (c).

(VI) The department may charge the tow operator a fee in an amount not to exceed the lesser of five dollars or the direct and indirect costs of implementing this paragraph (c).

(4) Within three days after the receipt of the records set forth in subsection (3)(c) of this section from the department, the operator shall notify by certified mail the owner of record, including an out-of-state owner of record. The operator shall make a reasonable effort to ascertain the address of the owner of record. The notice must contain the following information:

(a) That the identified motor vehicle has been reported abandoned to the department;

(b) Repealed.

(c) The location of the motor vehicle and the location from which it was towed; and

(d) That, unless claimed within thirty calendar days after the date the notice was sent, as determined from the postmark on the notice, the motor vehicle is subject to sale.

(5) The department shall maintain department-approved notice forms satisfying the requirements of subsection (4) of this section and shall make them available for use by operators and local law enforcement agencies.
C.R.S. § 42-4-1813 — CO Code / Title 42 / Article 4 / Part 18 / Section 42-4-1813
42-4-1813. Local regulations
Status: in_force

42-4-1813. Local regulations. (1) The state or any county, municipality as defined in section 31-1-101 (6), C.R.S., or other governmental entity of the state may execute a contract or contracts for the removal, storage, or disposal of abandoned motor vehicles within the area of its authority to effectuate the provisions of this part 18.

(2) The provisions of this part 18 may be superseded by ordinance or resolution of a municipality, as defined in section 31-1-101, C.R.S., or any county that sets forth procedures for the removal, storage, and disposal of abandoned or illegally parked motor vehicles on public property; except that such ordinance or resolution shall not deprive an operator of a lien attached and perfected under this part 18.
C.R.S. § 42-4-505 — CO Code / Title 42 / Article 4 / Part 5 / Section 42-4-505
42-4-505. Longer vehicle combinations - rules
Status: in_force

42-4-505. Longer vehicle combinations - rules. (1) (a) Notwithstanding any other provision of this article to the contrary, the department of transportation, in the exercise of its discretion, may issue permits for the use of longer vehicle combinations. An annual permit for such use may be issued to each qualified carrier company. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination; except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or an authorized agent of the department of transportation may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in each vehicle. The fee for the permit shall be two hundred fifty dollars per year.

(b) Notwithstanding the amount specified for the 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 the fee 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 the fee 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 the fee as provided in section 24-75-402 (4), C.R.S.

(c) The department shall provide the option to a company filing for a permit under this section to file an express consent waiver that enables the company to designate a company representative to be a party of interest for a violation of this section. The appearance of the company representative in a court hearing without the operator when the operator has signed such waiver shall not be deemed the practice of law in violation of article 93 of title 13.

(2) The permits shall allow operation, over designated highways, of the following vehicle combinations of not more than three cargo units and neither fewer than six axles nor more than nine axles:

(a) An unladen truck tractor, a semitrailer, and two trailers. A semitrailer used with a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approximately equal lengths not to exceed twenty-eight feet six inches in length.

(b) An unladen truck tractor, a semitrailer, and a single trailer. A semitrailer used with a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approximately equal lengths not to exceed forty-eight feet in length. Notwithstanding any other restriction set forth in this section, such combination may have up to eleven axles when used to transport empty trailers.

(c) An unladen truck tractor, a semitrailer, and a single trailer, one trailer of which is not more than forty-eight feet long, the other trailer of which is not more than twenty-eight feet six inches long. A semitrailer used with a converter dolly shall be considered a trailer. The shorter trailer shall be operated as the rear trailer.

(d) A truck and single trailer, having an overall length of not more than eighty-five feet, the truck of which is not more than thirty-five feet long and the trailer of which is not more than forty feet long. For the purposes of this paragraph (d), a semitrailer used with a converter dolly shall be considered a trailer.

(3) (a) The long combinations are limited to interstate highway 25, interstate highway 76, interstate highway 70 west of its intersection with state highway 13 in Garfield county, interstate highway 70 east of its intersection with U.S. 40 and state highway 26, the circumferential highways designated I-225 and I-270, and state highway 133 in Delta county from mile marker 8.9 to mile marker 9.7. The department of transportation shall promulgate rules to provide carriers with reasonable ingress to and egress from such designated highway segments.

(b) Upon action by the congress of the United States to lift the freeze imposed by the federal "Intermodal Surface Transportation Efficiency Act of 1991", Pub.L. 102-240, as amended, concerning the use of longer vehicle combinations, either by the total freeze being lifted by congress or by the approval of pilot projects to expand the use of longer vehicle combinations by the states, the department of transportation shall undertake a process to evaluate both interstate and state highways for possible authorization by the department of additional highway segments for inclusion by the general assembly in paragraph (a) of this subsection (3). During the review process, the department shall solicit input from all relevant stakeholders and shall work within existing statutory and regulatory guidelines. The department shall commence the review process within ninety days after action by congress that would allow expansion of the longer vehicle combination route network in Colorado.

(4) The department of transportation shall promulgate rules and regulations governing the issuance of the permits, including, but not limited to, selection of carriers, driver qualifications, equipment selection, hours of operation, and safety considerations; except that they shall not include hazardous materials subject to regulation by the provisions of article 20 of this title.

(5) Any person who violates any provision of this section commits a class B traffic infraction.
C.R.S. § 42-4-302 — CO Code / Title 42 / Article 4 / Part 3 / Section 42-4-302
42-4-302. Commencement of basic emissions program - authority of commission
Status: in_force

42-4-302. Commencement of basic emissions program - authority of commission. Notwithstanding the provisions of sections 42-4-301 to 42-4-316, if the commission is unable to implement the basic emissions program by January 1, 1994, the commission by rule and regulation shall establish the date for the commencement of said program as soon as practicable after January 1, 1994, and the provisions of sections 42-4-301 to 42-4-316 applicable to the basic emissions program shall be effective on and after the date determined by the commission by rule and regulation. Until such date, emission inspection activity in El Paso, Larimer, and Weld counties shall comply with the requirements applicable to inspection and readjustment stations in sections 42-4-301 to 42-4-316, and El Paso, Larimer, and Weld counties shall be deemed to continue to be included in the inspection and readjustment program until implementation of the basic emissions program by the commission pursuant to this section.
C.R.S. § 42-4-1409 — CO Code / Title 42 / Article 4 / Part 14 / Section 42-4-1409
42-4-1409. Compulsory insurance - penalty - legislative intent
Status: repealed

42-4-1409. Compulsory insurance - penalty - legislative intent. (1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.

(2) No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.

(3) (a) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low-power scooter shall present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.

(b) As used in this section, "evidence of a complying policy or certificate of self-insurance in full force and effect" includes the presentation of such a policy or certificate upon a cell phone or other electronic device.

(4) (a) Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a class 1 misdemeanor traffic offense. The minimum fine imposed by section 42-4-1701 (3)(a)(II)(A) shall be mandatory, and the defendant shall be punished by a minimum mandatory fine of not less than five hundred dollars. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained. Nothing in this paragraph (a) shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine.

(b) Upon a second or subsequent conviction under this section within a period of five years following a prior conviction under this section, in addition to any imprisonment imposed pursuant to section 42-4-1701 (3)(a)(II)(A), the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars, and the court shall not suspend such minimum fine. The court or the court collections' investigator may establish a payment schedule for a person convicted of the provisions of subsection (1), (2), or (3) of this section, and the provisions of section 16-11-101.6, C.R.S., shall apply. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained.

(c) In addition to the penalties prescribed in paragraphs (a) and (b) of this subsection (4), any person convicted pursuant to this section may, at the discretion of the court, be sentenced to perform not less than forty hours of community service, subject to the provisions of section 18-1.3-507, C.R.S.

(5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of this section.

(6) A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation. The court clerk's office may dismiss the charge if it verifies that the person had a valid policy in effect at the time of the alleged violation using the uninsured motorist identification database created in section 42-7-602.

(7) Repealed.

(8) (Deleted by amendment, L. 2003, p. 2648, § 7, effective July 1, 2003.)

(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect, as described in paragraph (b) of subsection (3) of this section:

(a) The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator's policy or certificate of self-insurance; and

(b) The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device.

(9) It is the intent of the general assembly that the money collected as fines imposed pursuant to subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public highways. The general assembly determines that law enforcement agencies that patrol and maintain the public safety on public highways are supervising the public highways. The general assembly further determines that an authorized agent is supervising the public highways through his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance pursuant to section 42-3-105 (1)(d). Therefore, of the money collected from fines pursuant to subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law enforcement agency that issued the ticket for a violation of this section. The remaining fifty percent of the money collected from fines for violations of subsection (4)(a) or (4)(b) of this section shall be transmitted to the authorized agent for the county in which the violation occurred.
C.R.S. § 42-2-121 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-121
42-2-121. Records to be kept by department - admission of records in court
Status: in_force

42-2-121. Records to be kept by department - admission of records in court. (1) The department shall file every completed application for a license received by it and shall maintain suitable indexes containing in alphabetical order:

(a) All applications denied and on each thereof note the reasons for such denial;

(b) All applications granted; and

(c) The name of every licensee whose license has been suspended or revoked by the department and after each such name note the reasons for such action in each case.

(2) (a) The department shall also file all accident reports, abstracts of court records of convictions received by it under the laws of this state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith, maintain a driver's history by making suitable notations in order that an individual record of each licensee showing the convictions of such licensee, the departmental actions, and the traffic accidents in which the licensee has been involved, except those accidents not resulting in a conviction and those traffic violations which occur outside of the boundaries of this state, shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.

(b) The department shall also keep a separate file of all abstracts of court records of dismissals of DUI, DUI per se, DWAI, and UDD charges and all abstracts of records in cases where the original charges were for DUI, DUI per se, DWAI, and UDD and the convictions were for nonalcohol- or nondrug-related traffic offenses. This file shall be made available only to criminal justice agencies, as defined in section 24-72-302 (3), C.R.S.

(c) (I) The following records and documents filed with, maintained by, or prepared by the department are official records and documents of the state of Colorado:

(A) Accident reports;

(B) Abstracts of court records of convictions received by the department under the laws of the state of Colorado;

(C) Records of and documents relating to departmental actions pertaining to the driving privileges of any person concerning licensing, restrictions, probationary conditions, suspensions, revocations, denials, cancellations, or reinstatements of such driving privileges;

(D) Records of and documents relating to the status of any person's privilege to drive a vehicle in the state of Colorado on a specific date or dates;

(E) Drivers' histories;

(F) Records of and documents relating to the identification of persons, including, but not limited to, photographs, fingerprints, handwriting, physical features, physical characteristics, dates of birth, and addresses;

(G) Records of and documents relating to the ownership, registration, transfer, and licensing of vehicles;

(H) All other records and documents required by law or rule and regulation to be kept by the department;

(I) Written summaries and data compilations, if prepared by the department from records and documents filed with, maintained by, or prepared by the department, as defined in sub-subparagraphs (A) to (H) of this subparagraph (I);

(J) Written guidelines, procedures, policies, and rules and regulations of the department.

(II) In any trial or hearing, all official records and documents of the state of Colorado, as defined in subparagraph (I) of this paragraph (c), shall be admissible in all municipal, county, and district courts within the state of Colorado without further foundation, shall be statutory exceptions to rule 802 of the Colorado rules of evidence, and shall constitute prima facie proof of the information contained therein, if such record or document is accompanied by a certificate stating that the executive director of the department or the executive director's appointee has custody of such record or document and is accompanied by and attached to a cover page which:

(A) Specifies the number of pages, exclusive of such cover page, which constitutes the record or document being submitted; and

(B) Bears the signature of the executive director of the department or the executive director's appointee attesting to the genuineness of such record or document; and

(C) Bears the official seal of the department or a stamped or printed facsimile of such seal.

(III) For purposes of subparagraph (II) of this paragraph (c), "official records and documents" shall include any mechanically or electronically reproduced copy, photograph, or printout of any record or document or any portion of any record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c). The department may also permit the electronic transmission of information for direct recording in the department's records and systems. Information transmitted by an electronic means that is approved by the department constitutes an official record for the purposes of this section whether or not an original source document for such information exists or ever existed.

(III.5) The certificate and cover page and its contents required by subparagraph (II) of this paragraph (c) may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department or of the executive director's appointee and an electronic reproduction of the official seal of the department, shall be admissible in court as provided in subparagraph (II) of this paragraph (c).

(IV) For purposes of subparagraph (II) of this paragraph (c), a record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c) to be an official record or document, if such official record or document includes all of those portions of such record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that such official record or document contains all that is relevant to such trial or hearing.

(d) Notwithstanding the provisions of paragraph (a) of this subsection (2), the department shall not maintain records of convictions of traffic offenses defined in this title for which no points are assessed pursuant to section 42-2-127 (5) other than convictions pursuant to sections 42-2-134, 42-2-138, 42-2-206, and 42-7-422.

(e) Records or documents filed with, maintained by, or prepared by another state that are equivalent to the records maintained in Colorado under paragraph (a) of this subsection (2) shall be admissible in a trial or hearing in accordance with this section.

(3) The department seal required under subsection (2) of this section and under section 42-1-205 may also consist of a rubber stamp producing a facsimile of the seal stamped upon the document.

(4) (a) The department shall place a confidentiality notice on any driver's license application form under section 42-2-107, driver's license renewal application under section 42-2-118, duplicate driver's license application under section 42-2-117, commercial driver's license application under section 42-2-404, identification card application form under section 42-2-302, motor vehicle title application form under section 42-6-116, or motor vehicle registration application form under section 42-3-113. The department shall indicate in such notice that, unless the person waives his or her confidentiality, the information contained in the person's motor vehicle or driver record shall not be used for any purpose other than a purpose authorized by law.

(b) The department shall prepare a confidentiality waiver form and shall provide the form to the designated agents of the department. The department and the designated agents shall make such form available to any person on request. The department and the designated agents shall be the sole distributors of such form. The form shall contain instructions for filing the form with the department.

(I) to (IV) (Deleted by amendment, L. 2000, p. 1341, § 3, effective May 30, 2000.)

(c) Any person executing a waiver under this subsection (4) that information in motor vehicle or driver records may be used for any purpose shall provide the information requested by the department in the confidentiality waiver form and file the form directly with the department. The department shall process such forms and shall notify the designated agents regarding which motor vehicle and driver records are subject to confidentiality waivers.

(d) A confidentiality waiver expires upon a request by the person to rescind the confidentiality waiver or upon the renewal of the motor vehicle or driver record; except that a confidentiality waiver form filed in connection with a motor vehicle registration application shall remain in force until the motor vehicle is transferred or the person requests that the confidentiality waiver be rescinded.

(e) The department shall make reasonable efforts to ensure that confidential records are not visible or accessible to the public and shall establish procedures to protect the contents of the records against inadvertent disclosure.

(5) (a) Upon application by a person, the department shall expunge all records concerning a conviction of a person for UDD with a BAC of at least 0.02 but not more than 0.05 and any records concerning an administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) if:

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

(II) Such person is over twenty-one years of age and any department action regarding the offense or administrative determination has been concluded;

(III) The person has not been convicted for any other DUI, DUI per se, DWAI, or UDD offense that was committed while such person was under twenty-one years of age and is not subject to any other administrative determination resulting in a revocation under section 42-2-126 for any other occurrence while such person was under twenty-one years of age;

(IV) 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;

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

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

(b) Upon receiving a request for expungement, the department may delay consideration of the request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense under section 42-4-1301 committed while the person was under twenty-one years of age and that there is no additional administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) for actions taken while the person was under twenty-one years of age.

(6) The department shall electronically transmit the name, address, telephone number, date of birth, and gender of each individual who has volunteered to donate organs or tissue upon death on an instructional permit, a minor driver's license, a driver's license, an identification card, or any other license application received by it to the organ and tissue donor registry authorized in section 15-19-220.
C.R.S. § 42-8-108 — CO Code / Title 42 / Article 8 / Section 42-8-108
42-8-108. Cooperation among departments
Status: in_force

42-8-108. Cooperation among departments. The governor of Colorado shall require the chief of the Colorado state patrol, the chief engineer of the department of transportation, the commissioner of agriculture, the director of the division of commerce and development, and the chair of the public utilities commission to cooperate to the fullest extent possible to the end that port of entry weigh stations established under authority of this article shall serve the broadest possible functions.
C.R.S. § 42-1-211 — CO Code / Title 42 / Article 1 / Part 2 / Section 42-1-211
42-1-211. Driver's license, record, identification, and vehicle enterprise solution
Status: repealed

42-1-211. Driver's license, record, identification, and vehicle enterprise solution. (1) The department is hereby authorized to coordinate the management of a statewide system, referred to as Colorado DRIVES. The department shall provide the necessary hardware, software, and support and training to aid the authorized agents in the performance of their duties.

(1.5) and (1.7) Repealed.

(1.9) (a) In accordance with section 24-21-521 (2), the department of revenue and the department of state shall allow for the exchange of information on legal names and signatures between the systems used by the department of revenue and the notary public filing system maintained by the department of state for the purpose of electronic filing of notary applications and renewals.

(b) For purposes of this subsection (1.9), "systems used by the department of revenue" means Colorado DRIVES.

(2) There is hereby created the Colorado DRIVES vehicle services account in the highway users tax fund for the purpose of providing funds for the development and operation of Colorado DRIVES, including operations performed under articles 2, 3, 4, 6, 7, and 12 of this title 42, to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604, and to purchase and issue license plates, decals, and validating tabs in accordance with article 3 of this title 42. Money received from the fees imposed by sections 38-29-138 (1), (2), (4), and (5), 42-1-206 (2)(a), 42-1-210 (1)(a)(II), 42-1-231, 42-1-233 (3)(b), 42-2-107 (1)(a)(I), 42-2-114 (2)(b), (2)(c)(I), (2)(c)(II), (2)(e), and (4)(a), 42-2-114.5 (1), 42-2-117 (1), 42-2-118 (1)(b)(I)(C) and (1.5)(b), 42-2-133 (2), 42-2-306 (2), 42-2-406 (1), (2), (3)(d), and (6), 42-2-508 (1), 42-3-107 (22), 42-3-213 (1)(b)(IV), 42-3-304 (18)(d)(I)(B), 42-3-306 (14), 42-3-312, 42-3-313 (2)(c)(I), 42-6-110 (1.7)(c), 42-6-137 (1), (2), (4), (5), and (6), and 42-6-138 (1)(a), (2), and (4) and any money received through gifts, grants, and donations to the account from private or public sources for the purposes of this section, shall be credited by the state treasurer to the Colorado DRIVES vehicle services account. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado DRIVES vehicle services account to the account. The general assembly shall appropriate annually the money in the account for the purposes of this subsection (2). If any unexpended and unencumbered money remains in the account at the end of a fiscal year, the balance remains in the account and is not transferred to the general fund or any other fund.

(3) Repealed.

(4) (a) There is hereby created the Colorado DRIVES county governance committee. The committee consists of the following nine members:

(I) Six authorized agents appointed by the executive director of the department of revenue based on recommendations of an association representing authorized agents, which agents have the following qualifications:

(A) Two authorized agents from a category I or category II county as established in section 30-2-102 (1)(a) and (1)(b);

(B) Two authorized agents from a category III or category IV county as established in section 30-2-102 (1)(c) and (1)(d);

(C) Two authorized agents from a category V or category VI county as established in section 30-2-102 (1)(e) and (1)(f);

(II) Two employees of the department of revenue, appointed by the executive director of the department of revenue; and

(III) One employee of the governor's office of information technology who is familiar with the division of motor vehicle systems and process and who is appointed by the executive director of the governor's office of information and technology.

(b) Notwithstanding subsections (4)(a)(I)(A) to (4)(a)(I)(C) of this section, the executive director of the department of revenue may appoint, at the discretion of the executive director, an authorized agent to represent a category of county that the authorized agent is not from if an authorized agent from that category of county is not recommended or available for appointment or for other reasons as determined by the executive director.

(c) An act of the committee is void unless a majority of the appointed members has voted in favor of the act.

(d) The committee has the following powers and duties:

(I) To approve the annual operation budget proposal for the appropriations for the following categories of Colorado DRIVES:

(A) Personal services;

(B) Operating expenses;

(C) County office asset maintenance; and

(D) County office improvements;

(II) To fix the time when and place where meetings are held; and

(III) To establish subcommittees and working groups to report to the committee.

(5) and (6) Repealed.

(7) (Deleted by amendment, L. 2001, p. 815, § 3, effective July 1, 2001.)

(8) Repealed.
C.R.S. § 42-7-609 — CO Code / Title 42 / Article 7 / Part 6 / Section 42-7-609
42-7-609. Report
Status: in_force

42-7-609. Report. The department of revenue shall submit a report, in consultation with the division of insurance, regarding the effectiveness of the motorist insurance database, including without limitation the department's recommendations on whether the program should be continued and on whether enforcement mechanisms should be instituted or changed. The report shall be submitted to the house business affairs and labor committee of the general assembly by January 1, 2008.
C.R.S. § 42-3-247 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-247
42-3-247. Special plates - emergency medical services (EMS)
Status: in_force

42-3-247. Special plates - emergency medical services (EMS). (1) Beginning the earlier of January 1, 2015, 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 EMS license plate. The department may stop issuing the EMS license plate if three thousand license plates are not issued by July 1, 2019. A person who was issued an EMS license plate on or before July 1, 2019, may continue to use the license plate after July 1, 2019, regardless of whether the department stops issuing the special license plate.

(b) The emergency medical services association of Colorado may design the special license plate, but the plate must conform with standards established by the department.

(3) (a) A person may apply for an EMS 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 emergency medical services association of Colorado, or its successor organization, confirming that the applicant has donated ten dollars to the emergency medical services association of Colorado.

(b) The emergency medical services association of Colorado, or its successor organization, shall file with the department an annual statement verifying that it is a nonprofit organization unless the department stops issuing the license plate.

(4) The amount of the taxes and fees for special license plates under this section are 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 EMS 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 EMS 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 EMS 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. § 42-2-306 — CO Code / Title 42 / Article 2 / Part 3 / Section 42-2-306
42-2-306. Fees - disposition
Status: repealed

42-2-306. Fees - disposition. (1) The department shall charge and collect the following fees:

(a) (I) (Deleted by amendment, L. 2007, p. 1572, § 5, effective July 1, 2007.)

(II) Except as provided in subparagraph (III.5) of this paragraph (a), a fee as determined by the department under section 42-2-114.5 for an identification card or renewal of an identification card.

(III) Repealed.

(III.5) The department shall not charge a fee to an applicant who is:

(A) Sixty years of age or older;

(B) Referred by a county department of human or social services pursuant to section 25.5-4-205 (3), 26-2-106 (3), or 26-5-101 (3)(o); or

(C) Referred by the department of corrections, the division of youth services, or a county jail.

(IV) and (V) Repealed.

(b) A fee as determined by the department under section 42-2-114.5 to cover the costs incurred for the reissuance of an identification card that has been canceled or denied under section 42-2-302 (3), or to verify the identity of the applicant.

(2) Fees collected under this section shall be remitted monthly to the state treasurer, who shall deposit the fee in the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
C.R.S. § 42-4-1704 — CO Code / Title 42 / Article 4 / Part 17 / Section 42-4-1704
42-4-1704. Offenses by persons controlling vehicles
Status: in_force

42-4-1704. Offenses by persons controlling vehicles. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
C.R.S. § 42-4-1307 — CO Code / Title 42 / Article 4 / Part 13 / Section 42-4-1307
42-4-1307. Penalties for traffic offenses involving alcohol and drugs - legislative declara
Status: repealed

42-4-1307. Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that, for the purposes of sentencing as described in section 18-1-102.5, C.R.S., each sentence for a conviction of a violation of section 42-4-1301 shall include:

(a) A period of imprisonment, which, for a repeat offender, shall include a mandatory minimum period of imprisonment and restrictions on where and how the sentence may be served; and

(b) For a second or subsequent offender, a period of probation. The imposition of a period of probation upon the conviction of a first-time offender shall be subject to the court's discretion as described in paragraph (c) of subsection (3) and paragraph (c) of subsection (4) of this section. The purpose of probation is to help the offender change his or her behavior to reduce the risk of future violations of section 42-4-1301. If a court imposes imprisonment as a penalty for a violation of a condition of his or her probation, the penalty shall constitute a separate period of imprisonment that the offender shall serve in addition to the imprisonment component of his or her original sentence.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Approved ignition interlock device" has the same meaning as set forth in section 42-2-132.5.

(a.7) "Continuous alcohol monitoring" means monitoring the alcohol content in a person by using a device or instrument that is attached to the person and designed to automatically test the alcohol content in the person by contact with the person's skin at least once every one-half hour regardless of the person's location, and which detects the presence of alcohol in a person and whether a person attempts to tamper with, obstruct, or remove the device.

(b) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for an offense or adjudication for an offense that would constitute a criminal offense if committed by an adult. "Conviction" also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(c) "Driving under the influence" or "DUI" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(d) "Driving while ability impaired" or "DWAI" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(e) "UDD" shall have the same meaning as provided in section 42-1-102 (109.7).

(3) First offenses - DUI and DUI per se. (a) Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DUI or DUI per se shall be punished by:

(I) Imprisonment in the county jail for at least five days but no more than one year, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3;

(II) A fine of at least six hundred dollars but no more than one thousand dollars, and the court shall have discretion to suspend the fine; and

(III) At least forty-eight hours but no more than ninety-six hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (3), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DUI or DUI per se when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c) In addition to any penalty described in paragraph (a) of this subsection (3), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(4) First offenses - DWAI. (a) Except as otherwise provided in subsections (5) and (6) of this section, a person who is convicted of DWAI shall be punished by:

(I) Imprisonment in the county jail for at least two days but no more than one hundred eighty days, the minimum period of which shall be mandatory; except that the court may suspend the mandatory minimum period if, as a condition of the suspended sentence, the offender undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined to be appropriate by the alcohol and drug evaluation that is required pursuant to section 42-4-1301.3; and

(II) A fine of at least two hundred dollars but no more than five hundred dollars, and the court shall have discretion to suspend the fine; and

(III) At least twenty-four hours but no more than forty-eight hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of such service.

(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this subsection (4), and except as described in paragraphs (a) and (b) of subsection (5) and paragraph (a) of subsection (6) of this section, a person who is convicted of DWAI when the person's BAC was 0.20 or more at the time of driving or within two hours after driving shall be punished by imprisonment in the county jail for at least ten days but not more than one year; except that the court shall have the discretion to employ the sentencing alternatives described in section 18-1.3-106, C.R.S.

(c) In addition to any penalty described in paragraph (a) of this subsection (4), the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.

(5) Second offenses. (a) Except as otherwise provided in subsection (6) of this section, a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has a prior conviction of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), shall be punished by:

(I) Imprisonment in the county jail for at least ten consecutive days but no more than one year; except that the court shall have discretion to employ the sentencing alternatives described in section 18-1.3-106. During the mandatory ten-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that the person receives credit for any time that the person served in custody for the violation prior to the person's conviction.

(II) A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(III) At least forty-eight hours but no more than one hundred twenty hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of the service; and

(IV) A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b) If a person is convicted of DUI, DUI per se, or DWAI and the violation occurred less than five years after the date of a previous violation for which the person was convicted of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106, C.R.S., during the minimum period of imprisonment described in subparagraph (I) of paragraph (a) of this subsection (5); except that a court may allow the person to participate in a program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(IV), or (1)(a)(V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(I) Continuing a position of employment that the person held at the time of sentencing for said violation;

(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(c) Repealed.

(6) Third and subsequent offenses. (a) Except as provided in section 42-4-1301 (1)(a), (1)(b), and (2)(a), a person who is convicted of DUI, DUI per se, or DWAI who, at the time of sentencing, has two or more prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), vehicular assault pursuant to section 18-3-205 (1)(b), aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d) shall be punished by:

(I) Imprisonment in the county jail for at least sixty consecutive days but no more than one year. During the mandatory sixty-day period of imprisonment, the person is not eligible for deductions of the person's sentence pursuant to section 17-26-109, or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a person receives credit for any time that the person served in custody for the violation prior to the person's conviction. During the mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106; except that the person may participate in a work release program pursuant to section 18-1.3-106 (1)(a)(II), (1)(a)(III), (1)(a)(III.5), (1)(a)(IV), or (1)(a)(V), or community corrections placement pursuant to section 18-1.3-301 (4)(a) or (4)(b), only if the program is available through the county in which the person is imprisoned and only for the purpose of:

(A) Continuing work that the person held at the time of sentencing for said violation;

(B) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

(C) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV).

(I.5) In a jurisdiction that does not have a work release program or other reasonable substitution for a work release program, such as an alternative sentence served in community corrections pursuant to the provisions of section 18-1.3-301 (4)(a) or (4)(b), the court may sentence the offender to home detention as provided in section 18-1.3-106 but only if the court finds that an alternative sentence of home detention is necessary to address the individual circumstances of the case and fulfill the statutory purposes of sentencing as provided in section 18-1-102.5, and when a sentence to home detention will not undermine the seriousness of the offense.

(II) A fine of at least six hundred dollars but no more than one thousand five hundred dollars, and the court shall have discretion to suspend the fine;

(III) At least forty-eight hours but no more than one hundred twenty hours of useful public service, and the court shall not have discretion to suspend the mandatory minimum period of performance of the service; and

(IV) A period of probation of at least two years, which period shall begin immediately upon the commencement of any part of the sentence that is imposed upon the person pursuant to this section, and a suspended sentence of imprisonment in the county jail for one year, as described in subsection (7) of this section; except that the court shall not sentence the defendant to probation if the defendant is sentenced to the department of corrections, but shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this section. The defendant shall complete all court-ordered programs pursuant to paragraph (b) of subsection (7) of this section before the completion of his or her period of parole.

(b) Repealed.

(c) Notwithstanding any other provision of law, if the defendant satisfies the conditions described in subparagraphs (I) and (II) of this paragraph (c), the court may include as a condition of probation a requirement that the defendant participate in alcohol treatment. If the defendant's assessed treatment need is for residential treatment, the court may make residential alcohol treatment a condition of probation and may place the offender in a community corrections program that can provide the appropriate level of treatment. This paragraph (c) applies only if:

(I) At the time of sentencing, the person has two prior convictions of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., or vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S.; and

(II) The first of the person's two prior convictions was based on a violation that occurred not more than seven years before the violation for which the person is being sentenced.

(d) Offenders placed in community corrections as an alternative sentence pursuant to the provisions of this section must remain in residential placement for any mandatory time period of their sentence as required by the provisions of this section.

(6.5) Felony offenses. (a) A person who commits a felony DUI, DUI per se, or DWAI offense shall be sentenced in accordance with the provisions of section 18-1.3-401 and this subsection (6.5).

(b) If the court sentences the defendant to a term of probation as provided by section 18-1.3-202, the court shall order as a condition of probation one of the following:

(I) Require the defendant to serve at least ninety days but not more than one hundred eighty days imprisonment in the county jail. During the mandatory ninety-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106.

(II) Require the defendant to serve at least one hundred twenty days but not more than two years of imprisonment in the county jail through participation in a program pursuant to section 18-1.3-106 (1)(a)(II) or (1)(a)(IV) if the program is available through the county in which the defendant is imprisoned and only for the purposes of continuing a position of employment that the defendant held at the time of sentencing for the violation or for continuing attendance at an educational institution at which the defendant was enrolled at the time of sentencing for the violation. During the mandatory one-hundred-twenty-day period of imprisonment, the defendant is not eligible for deductions of his or her sentence pursuant to section 17-26-109 or for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. During this mandatory period of imprisonment, the court does not have discretion to employ any other sentencing alternatives described in section 18-1.3-106; except that a court may grant permission for a defendant to leave the jail to obtain medical treatment, pursuant to section 18-1.3-106 (1)(a)(V).

(c) Additionally, if the court sentences the defendant to a term of probation as provided by section 18-1.3-202, then, as a condition of probation, the court shall:

(I) Require the defendant to complete at least forty-eight hours but not more than one hundred twenty hours of useful public service, which may not be suspended; and

(II) Sentence the defendant in accordance with subsection (7)(b) of this section, including requiring the person to submit to continuous alcohol monitoring for at least ninety days as described in subsection (7)(b)(VI)(B) of this section.

(d) Notwithstanding the provisions of subsection (6.5)(a) of this section, before the imposition of any sentence to the department of corrections for a felony DUI, DUI per se, or DWAI offense, at sentencing or at resentencing after a revocation of probation or a community corrections sentence, the court shall consider all the factors described in subsection (6.5)(e) of this section.

(e) If the court sentences the defendant to the department of corrections for a felony DUI, DUI per se, or DWAI offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment. Additionally, the court shall consider whether all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been exhausted, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.

(6.7) Notwithstanding any other provisions of this section, if a judge finds there are exceptional circumstances which would make incarceration in a jail a substantial and imminent risk to the health or safety of an offender, or, when so advised by the sheriff, to the health, safety, or security of the jail operations or persons in the jail, the court shall make findings on the record of the exceptional circumstances and may employ any alternative sentences, including home detention. If an offender requests the court find exceptional circumstances based on the risk to the offender's health or safety, the offender shall expressly waive any confidentiality as to the medical or other health information that establishes the basis for the exceptional circumstances.

(7) Probation-related penalties. When a person is sentenced to a period of probation pursuant to subsection (5)(a)(IV) or (6)(a)(IV) of this section:

(a) The court shall impose a sentence to one year of imprisonment in the county jail, which sentence shall be suspended, and against which sentence the person shall not receive credit for any period of imprisonment to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;

(b) The court:

(I) Shall include, as a condition of the person's probation, a requirement that the person complete a level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3 (3)(c)(IV), at the person's own expense;

(II) May impose an additional period of probation for the purpose of monitoring the person or ensuring that the person continues to receive court-ordered alcohol or substance abuse treatment, which additional period shall not exceed two years;

(III) May require that the person commence the alcohol and drug driving safety education or treatment program described in subparagraph (I) of this paragraph (b) during any period of imprisonment to which the person is sentenced;

(IV) May require the person to appear before the court at any time during the person's period of probation;

(V) May require the person to use an approved ignition interlock device during the period of probation at the person's own expense;

(VI) (A) May require a person sentenced for a second offense pursuant to subsection (5)(a)(IV) of this section to submit to continuous alcohol monitoring using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person's residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(B) Shall require a person sentenced for a third or subsequent offense pursuant to subsection (6)(a)(IV) of this section to submit to continuous alcohol monitoring for at least ninety days using technology or devices available to the court for that purpose; except that the court shall not require continuous alcohol monitoring if the court finds that requiring monitoring is not in the best interests of justice, and the court enters that finding in the record, or if the person's residence is in an area where the person cannot reasonably acquire a continuous alcohol monitoring device; and

(VII) May impose such additional conditions of probation as may be permitted by law.

(c) (I) The court may impose all or part of the suspended sentence described in subparagraph (IV) of paragraph (a) of subsection (5) of this section or subparagraph (IV) of paragraph (a) of subsection (6) of this section at any time during the period of probation if the person violates a condition of his or her probation. During the period of imprisonment, the person shall continue serving the probation sentence with no reduction in time for the sentence to probation. A cumulative period of imprisonment imposed pursuant to this paragraph (c) shall not exceed one year. In imposing a sentence of imprisonment pursuant to paragraph (a) of this subsection (7), the court shall consider the nature of the violation, the report or testimony of the probation department, the impact on public safety, the progress of the person in any court-ordered alcohol and drug driving safety education or treatment program, and any other information that may assist the court in promoting the person's compliance with the conditions of his or her probation.

(II) Any imprisonment imposed upon a person by the court pursuant to paragraph (a) of this subsection (7) must be imposed in a manner that promotes the person's compliance with the conditions of his or her probation and not merely as a punitive measure.

(d) The prosecution, the person, the person's counsel, or the person's probation officer may petition the court at any time for an early termination of the period of probation, which the court may grant upon a finding of the court that:

(I) The person has successfully completed a level II alcohol and drug driving safety education or treatment program pursuant to subparagraph (I) of paragraph (b) of this subsection (7);

(II) The person has otherwise complied with the terms and conditions of his or her probation; and

(III) Early termination of the period of probation will not endanger public safety.

(8) Ignition interlock devices. In sentencing a person pursuant to this section, courts are encouraged to require the person to use an approved ignition interlock device as a condition of bond, probation, and participation in programs pursuant to section 18-1.3-106, C.R.S.

(9) Previous convictions. (a) For the purposes of subsections (5) and (6) of this section, a person is deemed to have a previous conviction for DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d), if the person has been convicted under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute the offense of DUI, DUI per se, DWAI, vehicular homicide pursuant to section 18-3-106 (1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015, or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d).

(b) (I) For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a person's previous convictions shall be established when:

(A) The prosecuting attorney and the person stipulate to the existence of the prior conviction or convictions;

(B) The prosecuting attorney presents to the court a copy of the person's driving record provided by the department of revenue or by a similar agency in another state, which record contains a reference to the previous conviction or convictions; or

(C) The prosecuting attorney presents an authenticated copy of the record of the previous conviction or judgment from a court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States.

(II) The court shall not proceed to immediate sentencing if the prosecuting attorney and the person have not stipulated to previous convictions or if the prosecution has requested an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial.

(10) Additional costs and surcharges. In addition to the penalties prescribed in this section:

(a) Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to the costs imposed by section 24-4.1-119 (1)(c), C.R.S., relating to the crime victim compensation fund;

(b) Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs to reduce the number of persistent drunk drivers. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the amount collected to the persistent drunk driver cash fund created in section 42-3-303.

(c) Persons convicted of DUI, DUI per se, DWAI, and UDD are subject to a surcharge of twenty-five dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the Colorado brain injury trust fund created pursuant to section 26-1-309;

(d) (I) Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one dollar but no more than ten dollars for programs to fund efforts to address alcohol and substance abuse problems among persons in rural areas. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent. Any moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the same to the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), C.R.S.

(II) This paragraph (d) is repealed, effective September 1, 2025, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

(e) Persons convicted of DUI, DUI per se, DWAI, vehicular assault as described in section 18-3-205 (1)(b), or vehicular homicide as described in section 18-3-106 (1)(b) shall pay a data-analysis surcharge of two dollars to be transmitted to the state treasurer, who shall deposit money collected for the surcharge in the substance-affected driving data-analysis cash fund created in section 24-33.5-520. Except in the case of an indigent defendant, the court has no discretion to waive this surcharge.

(10.5) The costs and surcharges described in subsection (10) of this section do not apply to a person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or the person's parent, guardian, or legal custodian.

(11) Restitution. As a condition of any sentence imposed pursuant to this section, the sentenced person shall be required to make restitution in accordance with the provisions of section 18-1.3-205, C.R.S.

(12) Victim impact panels. (a) In addition to any other penalty provided by law, the court may sentence a person convicted of DUI, DUI per se, DWAI, or UDD to attend in person and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the person shall not exceed fifty dollars.

(b) On July 1, 2017, and on each July 1 thereafter, the maximum fee established in paragraph (a) of this subsection (12) is adjusted by the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

(13) Alcohol and drug evaluation and supervision costs. (a) In addition to any fines, fees, or costs levied against a person convicted of DUI, DUI per se, DWAI, or UDD, the judge shall assess each such person for the cost of the presentence or postsentence alcohol and drug evaluation and supervision services.

(b) A person required to submit to continuous alcohol monitoring shall pay the costs of monitoring unless the court determines that the person is unable to pay the costs. If the court determines that the person is unable to pay the costs of continuous alcohol monitoring, the judicial district's probation department shall pay the costs of monitoring. The court shall presume that a person represented by court-appointed counsel is unable to pay for monitoring services.

(14) Public service penalty. In addition to any other penalties prescribed in this part 13, the court shall assess an amount, not to exceed one hundred twenty dollars, upon a person required to perform useful public service.

(15) If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to section 42-2-206 (1)(b)(I)(A) or (1)(b)(I)(B), as that crime existed before August 5, 2015:

(a) The court shall convict and sentence the offender for each offense separately;

(b) The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in this section;

(c) The provisions of section 18-1-408, C.R.S., shall not apply to the sentences imposed for either conviction;

(d) Any probation imposed for a conviction under section 42-2-206 may run concurrently with any probation required by this section; and

(e) The department shall reflect both convictions on the defendant's driving record.
C.R.S. § 42-6-124 — CO Code / Title 42 / Article 6 / Part 1 / Section 42-6-124
42-6-124. Disposition of certificates of title
Status: in_force

42-6-124. Disposition of certificates of title. (1) The director shall dispose of a certificate of title issued by the director or the authorized agent in the following manner:

(a) If the certificate of title that is filed by the authorized agent is maintained in an electronic format within the director's and the authorized agent's motor and off-highway vehicle databases as required by the standards established pursuant to article 71.3 of title 24, C.R.S., the certificate of title shall be disposed of in accordance with paragraphs (b) and (c) of this subsection (1).

(b) If it appears, from the records in the director's or the authorized agent's office and from an examination of the certificate of title, that the motor or off-highway vehicle described in the certificate of title is not subject to a mortgage filed after August 1, 1949, or if the vehicle is encumbered by a mortgage filed in any county of a state other than Colorado, the director or authorized agent shall deliver the certificate of title to the person who appears to be the owner of the vehicle or mail the certificate to the owner of the vehicle at his or her address as it appears in the application, the certificate of title, or other records in the director's or the authorized agent's office.

(c) If it appears, from the records in the office of the director or the authorized agent and from the certificate of title, that the motor or off-highway vehicle described in the certificate of title is subject to one or more mortgages filed after August 1, 1949, the director or the authorized agent shall electronically maintain or deliver the certificate of title issued by the director to the mortgagee named in the certificate of title or the holder of the certificate of title whose mortgage was first filed in the office of an authorized agent.
C.R.S. § 42-3-304 — CO Code / Title 42 / Article 3 / Part 3 / Section 42-3-304
42-3-304. Registration fees - passenger-mile taxes - clean screen fund - pilot program - r
Status: repealed

42-3-304. Registration fees - passenger-mile taxes - clean screen fund - pilot program - report - rules - definitions. (1) (a) In addition to other fees specified in this section, an applicant shall pay a motorist insurance identification fee in an amount determined by paragraph (d) of subsection (18) of this section when applying for registration or renewal of registration of a motor vehicle under this article.

(b) The following vehicles are exempt from the motorist insurance identification fee:

(I) Vehicles that are exempt from registration fees under this section or are owned by persons who have qualified as self-insured pursuant to section 10-4-624, C.R.S.

(II) Repealed.

(c) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May 1, 2009.)

(2) With respect to passenger-carrying motor vehicles, the weight used in computing annual registration fees shall be that weight published by the manufacturer in approved manuals, and, in case of a dispute over the weight of such vehicle, the actual weight determined by weighing such vehicle on a certified scale, as provided in section 35-14-122 (6), C.R.S., shall be conclusive. With respect to all other vehicles, the weight used in computing annual registration fees shall be the empty weight, determined by weighing such vehicle on a certified scale or in the case of registration fees imposed pursuant to section 42-3-306 (5), the declared gross vehicle weight of the vehicle declared by the owner at the time of registration.

(3) No fee shall be payable for the annual registration of a vehicle when:

(a) The owner of such vehicle is a veteran who in an application for registration shows that the owner has established such owner's rights to benefits under the provisions of Public Law 663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, or is a veteran of the armed forces of the United States who incurred a disability and who is, at the date of such application, receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected, permanent disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The exemption provided in this paragraph (a) shall apply to the original qualifying vehicle and to any vehicle subsequently purchased and owned by the same veteran but shall not apply to more than one vehicle at a time.

(b) The application for registration shows that the owner of such vehicle is a foreign government or a consul or other official representative of a foreign government duly recognized by the department of state of the United States government. License plates for the vehicles qualifying for the exemption granted in this paragraph (b) shall be issued only by the department and shall bear such inscription as may be required to indicate their status.

(c) The owner of such vehicle is the state or a political or governmental subdivision thereof; but any such vehicle that is leased, either by the state or any political or governmental subdivision thereof, shall be exempt from payment of an annual registration fee only if the agreement under which it is leased has been first submitted to the department and approved, and such vehicle shall remain exempt from payment of an annual registration fee only so long as it is used and operated in strict conformity with such approved agreement.

(d) The owner of such vehicle is a former prisoner of war being issued special plates pursuant to section 42-3-213 (3) or is the surviving spouse of a former prisoner of war retaining the special plates that were issued to such former prisoner of war pursuant to section 42-3-213 (3).

(e) The owner of such vehicle is the recipient of a purple heart being issued special plates pursuant to section 42-3-213 (2).

(f) The owner of such vehicle is a recipient of a medal of honor issued special plates pursuant to section 42-3-213 (7).

(g) The owner of the vehicle is a recipient of a medal of valor and is issued special license plates pursuant to section 42-3-213 (10).

(h) The owner of the vehicle survived the attack on Pearl Harbor and is issued special license plates pursuant to section 42-3-213 (6).

(4) Upon registration, the owner of each motorcycle shall pay a surcharge of four dollars, which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.

(5) In lieu of registering each vehicle separately, a dealer in motorcycles or autocycles shall pay to the department an annual registration fee of twenty-five dollars for the first license plate issued pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each additional license plate issued up to and including five plates, and a fee of ten dollars for each license plate issued in excess of five.

(6) In lieu of registering each vehicle separately:

(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in motorcycles or autocycles, shall pay to the department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate issued up to and including five, and a fee of ten dollars for each license plate issued in excess of five; and

(b) A manufacturer of motor vehicles shall pay to the department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate so issued up to and including five, and a fee of ten dollars for each additional license plate issued.

(7) (a) Every drive-away or tow-away transporter shall apply to the department for the issuance of license plates that may be transferred from one vehicle or combination to another vehicle or combination for delivery without further registration. The annual fee payable for the issuance of such plates shall be thirty dollars for the first set and ten dollars for each additional set. No transporter shall permit such license plates to be used upon a vehicle that is not in transit, or upon a work or service vehicle, including a service vehicle utilized regularly to haul vehicles, or by any other person.

(b) Each such transporter shall keep a written record of all vehicles transported, including the description thereof and the names and addresses of the consignors and consignees, and a copy of such record shall be carried in every driven vehicle; except that, when a number of vehicles are being transported in convoy, such copy, listing all the vehicles in the convoy, may be carried in only the lead vehicle in the convoy.

(c) This subsection (7) shall not apply to a nonresident engaged in interstate or foreign commerce if such nonresident is in compliance with the in-transit laws of the state of his or her residence and if such state grants reciprocal exemption to Colorado residents. The department may enter into reciprocal agreements with any other state or states containing such reciprocal exemptions or may issue written declarations as to the existence of any such reciprocal agreements.

(8) (a) Subsections (5), (6)(a), and (7) of this section shall not apply to a motor vehicle, trailer, or semitrailer operated by a dealer or transporter for such dealer's or transporter's private use or to a motor vehicle bearing full-use dealer plates issued pursuant to section 42-3-116 (6)(d).

(b) Paragraph (b) of subsection (6) of this section shall only apply to a motor vehicle if owned and operated by a manufacturer, a representative of a manufacturer, or a person so authorized by the manufacturer. A motor vehicle bearing manufacturer plates shall be of a make and model of the current or a future year and shall have been manufactured by or for the manufacturer to which such plates were issued.

(9) In addition to the registration fees imposed by section 42-3-306 (4)(a), the following additional registration fee shall be imposed on such vehicles:

(a) For farm trucks less than seven years old, twelve dollars;

(b) For farm trucks seven years old but less than ten years old, ten dollars;

(c) For farm trucks ten years old or older, seven dollars.

(10) (a) In addition to the registration fees imposed by section 42-3-306 (5)(a) and (13), for motor vehicles described in section 42-3-306 (5)(a) and (13), the following additional registration fee shall be imposed:

(I) For light trucks and recreational vehicles less than seven years old, twelve dollars;

(II) For light trucks and recreational vehicles seven years old but less than ten years old, ten dollars;

(III) For light trucks and recreational vehicles ten years old or older, seven dollars.

(b) In addition to the registration fees imposed by section 42-3-306 (5)(b), (5)(c), or (12)(b), an additional registration fee of ten dollars shall be assessed.

(c) The department shall adopt rules that allow a vehicle owner or a vehicle owner's agent to apply for apportioned registration for a vehicle that is used in interstate commerce and that qualifies for the registration fees provided in section 42-3-306 (5). In establishing the amount of such apportioned registration, such rules shall take into account the length of time such item may be operated in Colorado or the number of miles such item may be driven in Colorado. The apportioned registration, if based upon the length of time such item may be operated in Colorado, shall be valid for a period of between two and eleven months. Such rules shall also allow for extensions of apportioned registration periods. During such rule-making, the department shall confer with its authorized agents regarding enhanced communications with the authorized agents and the coordination of enforcement efforts.

(11) The additional fees collected pursuant to section 42-3-306 (2)(b)(II) and subsection (9) of this section and paragraphs (a) and (b) of subsection (10) of this section shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund to be allocated pursuant to section 43-4-205 (6)(b), C.R.S.

(12) An owner or operator that desires to make an occasional trip into this state with a truck, truck tractor, trailer, or semitrailer that is registered in another state shall obtain a permit from the public utilities commission as provided in article 10.1 of title 40, C.R.S. This subsection (12) does not apply to the vehicles of a public utility that are temporarily in this state to assist in the construction, installation, or restoration of utility facilities used in serving the public.

(13) In addition to the annual registration fees prescribed in this section for vehicles with a seating capacity of more than fourteen and operated for the transportation of passengers for compensation, the owner or operator of every such vehicle operated over the public highways of this state shall pay a passenger-mile tax equal to one mill for each passenger transported for a distance of one mile. The tax shall be credited to the highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and allocated and expended as specified in section 43-4-205 (5.5)(d), C.R.S. The tax assessed by this subsection (13) shall not apply to passenger service rendered within the boundaries of a city, city and county, or incorporated town by a company engaged in the mass transportation of persons by buses or trolley coaches.

(14) (a) The owner or operator of special mobile machinery having an empty weight not in excess of sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register such vehicle under section 42-3-306 (5)(a).

(b) The owner or operator of special mobile machinery with an empty weight exceeding sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register the vehicle under section 42-3-306 (5)(b).

(15) The owner of special mobile machinery, except that mentioned in sections 42-1-102 (44) and 42-3-104 (3), that is not registered for operation on the highway shall pay a fee of one dollar and fifty cents, which shall not be subject to any quarterly reduction.

(16) Nothing in this section shall be construed to prevent a farmer or rancher from occasionally exchanging transportation with another farmer or rancher when the sole consideration involved is the exchange of personal services and the use of vehicles.

(17) (a) (I) The owner shall present to the authorized agent a certified scale ticket showing the weight of a truck if the truck:

(A) Is subject to the registration fee imposed in section 42-3-306 (5);

(B) Weighs more than four thousand five hundred pounds but not more than ten thousand pounds; and

(C) Has been modified, including mounting equipment other than recreational equipment, and the modifications change the truck's weight by three hundred pounds or more.

(II) The owner of a truck shall present to the authorized agent a manufacturer's certificate of origin, a certificate of title, a certified scale ticket, or other approved document or system, as any of these options is required or authorized by rule, if the truck:

(A) Is subject to the registration fee imposed in section 42-3-306 (5);

(B) Weighs more than four thousand five hundred pounds but not more than ten thousand pounds; and

(C) Has not been modified to change the truck's weight by three hundred pounds or more.

(b) The department shall furnish appropriate identification, by means of tags or otherwise, to indicate that a vehicle registered under this section is not subject to clearance by a port of entry weigh station.

(18) (a) In addition to any other fee imposed by this section, the owner shall pay, at the time of registration, a fee of fifty cents on every item of Class A, B, or C personal property required to be registered pursuant to this article. Such fee shall be transmitted to the state treasurer, who shall credit the same to a special account within the highway users tax fund, to be known as the AIR account, and such moneys shall be used, subject to appropriation by the general assembly, to cover the direct costs of the motor vehicle emissions activities of the department of public health and environment in the presently defined nonattainment area, and to pay for the costs of the commission in performing its duties under section 25-7-106.3, C.R.S. In the program areas within counties affected by this article, the authorized agent shall impose and retain an additional fee of up to seventy cents on every such registration to cover reasonable costs of administration of the emissions compliance aspect of vehicle registration. The department of public health and environment may accept and expend grants, gifts, and moneys from any source for the purpose of implementing its duties and functions under this section or section 25-7-106.3, C.R.S.

(b) In addition to any other fee imposed by this section, at the time of registration of any motor vehicle in the program area subject to inspection and not exempt from registration, the owner shall pay a fee of one dollar and fifty cents. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account within the highway users tax fund, and such moneys shall be expended only to cover the costs of administration and enforcement of the automobile inspection and readjustment program by the department of revenue and the department of public health and environment, upon appropriation by the general assembly. For such purposes, the revenues attributable to one dollar of such fee shall be available for appropriation to the department of revenue, and the revenues attributable to the remaining fifty cents of such fee shall be available for appropriation to the department of public health and environment.

(c) There shall be established two separate subaccounts within the AIR account, one for the revenues available for appropriation to the department of public health and environment pursuant to paragraphs (a) and (b) of this subsection (18) and one for the revenues available for appropriation to the department of revenue pursuant to paragraph (b) of this subsection (18) and section 42-4-305. After the state treasurer transfers moneys in the department of revenue subaccount to the department of revenue equal to the amount appropriated to the department of revenue from the AIR account for the fiscal year, the state treasurer shall transfer from the balance in the department of revenue subaccount to the department of public health and environment subaccount any amount needed to cover appropriations made to the department of public health and environment from the AIR account for that fiscal year for the administration and enforcement of the automobile inspection and readjustment program. Transfers from the department of revenue subaccount to the department of public health and environment subaccount shall be made on a monthly basis after the transfers to the department of revenue equal to the department of revenue's appropriation for that fiscal year have been made. The state treasurer shall not transfer to the department of public health and environment an amount that exceeds the amount of the appropriation made to the department of public health and environment from the AIR account for the fiscal year. Any transfer made pursuant to this paragraph (c) shall be subject to any limits imposed or appropriations made by the general assembly for other purposes and any limitations imposed by section 18 of article X of the state constitution.

(d) (I) (A) Repealed.

(B) In addition to any other fee imposed by this section, the owner, in order to register a motor vehicle or low-power scooter, must pay a motorist insurance identification fee. The department shall annually adjust the fee based upon appropriations made by the general assembly for the operation of the motorist insurance identification database program. The department shall transmit the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). This subsection (18)(d)(I)(B) takes effect July 1, 2019.

(II) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May 1, 2009; (HB 09-1026), ch. 281, p. 1268, § 30, effective July 1, 2010.)

(19) (a) If the air quality control commission determines pursuant to section 42-4-306 (23)(b) to implement an expanded clean screen program in the enhanced emissions program area, on and after the specific dates determined by the commission for each of the following subparagraphs:

(I) In addition to any other fee imposed by this section, authorized agents, acting as agents for the clean screen authority, shall collect at the time of registration an emissions inspection fee in an amount determined by section 42-4-311 (6)(a) on every motor vehicle that the department of revenue has determined from data provided by its contractor to have been clean screened; except that the motorist need not pay the emissions inspection fee if the authorized agent determines that a valid certification of emissions compliance has already been issued for the vehicle being registered indicating that the vehicle passed the applicable emissions test at an enhanced inspection center, inspection and readjustment station, motor vehicle dealer test facility, or fleet inspection station.

(II) Authorized agents may retain three and one-third percent of the fee so collected to cover the agent's expenses in the collection and remittance of the fee. County treasurers shall, no later than ten days after the last business day of each month, remit the remainder of the fee to the clean screen authority created in section 42-4-307.5. The clean screen authority shall transmit the fee to the state treasurer, who shall deposit the remainder in the clean screen fund, which fund is hereby created. The clean screen fund is a pass-through trust account to be held in trust solely for the purposes and the beneficiaries specified in this subsection (19). Money in the clean screen fund is not fiscal year spending of the state for purposes of section 20 of article X of the state constitution and is a custodial fund that is not subject to appropriation by the general assembly. Interest earned from the deposit and investment of money in the clean screen fund shall be credited to the clean screen fund, and the clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly. The clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 06-1302, enacted at the second regular session of the sixty-fifth general assembly.

(III) The clean screen authority shall transmit moneys from the clean screen fund monthly to the contractor in accordance with the fees determined by section 42-4-311 (6)(a) within one week after receipt by the authority from the department of revenue of a notification of the number of registrations of clean-screened vehicles during the previous month.

(IV) Repealed.

(b) In specifying dates for the implementation of the clean screen program pursuant to paragraph (a) of this subsection (19), the commission may specify different dates for the enhanced and basic emissions program areas.

(c) This subsection (19) shall not apply to El Paso county if the commission has excluded such county from the clean screen program pursuant to section 42-4-306 (23)(a).

(d) Any moneys remaining in the clean screen fund upon termination of the AIR program shall revert to the AIR account established in paragraph (a) of subsection (18) of this section.

(20) In addition to any other fee imposed by this section, there shall be collected, at the time of registration, a fee of ten dollars on every light- and heavy-duty diesel-powered motor vehicle in the program area registered pursuant to this article in Colorado. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account in the highway users tax fund, and such moneys shall be used, subject to appropriation by the general assembly, to cover the costs of the diesel-powered motor vehicle emissions control activities of the departments of public health and environment and revenue.

(21) In order to promote an effective emergency medical network and thus the maintenance and supervision of the highways throughout the state, in addition to any other fees imposed by this section, there shall be assessed an additional fee of two dollars at the time of registration of any motor vehicle. Such fee shall be transmitted to the state treasurer, who shall credit the same to the emergency medical services account created by section 25-3.5-603, C.R.S., within the highway users tax fund.

(22) In addition to any other fees imposed by this section, the authorized agent may collect and retain, and an applicant for registration shall pay at the time of registration, a reasonable fee, as determined from time to time by the authorized agent, that approximates the direct and indirect costs incurred, not to exceed five dollars, by the authorized agent in shipping and handling those license plates that the applicant has, pursuant to section 42-3-105 (1)(a), requested that the department mail to the owner.

(23) Repealed.

(24) In addition to any other fee imposed by this section, at the time of registration, the owner shall pay a fee of one dollar on every item of Class A, B, or C personal property required to be registered by this article. Notwithstanding section 43-4-203, the department shall transmit the fee to the state treasurer, who shall credit it to the peace officers standards and training board cash fund, created in section 24-31-303 (2)(b); except that authorized agents may retain five percent of the fee collected to cover the agents' expenses in the collection and remittance of the fee. All of the money in the fund that is collected under this subsection (24) shall be used by the peace officers standards and training board for the purposes specified in section 24-31-310.

(25) (a) In addition to any other fee imposed by this section, for registration periods beginning during state fiscal years prior to state fiscal year 2022-23, each authorized agent shall annually collect a fee of fifty dollars at the time of registration on every electric motor vehicle. For registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall continue to collect the fee, and the amount of the fee for registration periods beginning during any given state fiscal year is the amount of the fee collected for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation-adjusted amount of the fee for registration periods beginning during each state fiscal year and shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins. The authorized agent shall transmit the fee to the state treasurer, who shall credit thirty dollars, adjusted for inflation, of each fee to the highway users tax fund created in section 43-4-201, and twenty dollars, adjusted for inflation, of each fee to the electric vehicle grant fund created in section 24-38.5-103.

(a.5) (I) In addition to any other fee imposed by this section, including the fee imposed by subsection (25)(a) of this section, for registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect an electric motor vehicle road usage equalization fee at the time of registration on every battery electric motor vehicle as specified in subsections (25)(a.5)(II) and (25)(a.5)(III) of this section and on every plug-in hybrid electric motor vehicle as specified in subsections (25)(a.5)(IV) and (25)(a.5)(V) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (6.8).

(II) For registration periods beginning during state fiscal years 2022-23 through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is as follows:

Fiscal Year Fee

2022-23 $4

2023-24 $8

2024-25 $12

2025-26 $16

2026-27 $26

2027-28 $36

2028-29 $51

2029-30 $66

2030-31 $81

2031-32 $96

(III) For registration periods beginning during state fiscal year 2032-33 or during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is the amount of the fee for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(IV) For registration periods beginning during state fiscal years 2022-23 through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is:

Fiscal Year Fee

2022-23 $3

2023-24 $5

2024-25 $8

2025-26 $11

2026-27 $13

2027-28 $16

2028-29 $19

2029-30 $21

2030-31 $24

2031-32 $27

(V) For registration periods beginning during state fiscal year 2032-33 or during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(a.6) Because the electric motor vehicle fee imposed pursuant to subsection (25)(a) of this section and the electric motor vehicle road usage equalization fee imposed pursuant to subsection (25)(a.5) of this section are intended to equalize the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines, and because motor fuel charges are paid throughout the year rather than at the time of annual motor vehicle registration, the department shall implement a pilot program to allow fees imposed pursuant to this subsection (25) to be paid on an automated prorated quarterly basis. After evaluating the success of the pilot program after the second year of implementation, the department shall make the pilot program permanent unless there is compelling evidence that the pilot program has not been successful. The department may promulgate rules to implement this subsection (25)(a.6).

(a.7) (I) In lieu of any other fee imposed by this subsection (25), for registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect a commercial electric motor vehicle road usage equalization fee in the amount specified in subsection (25)(a.7)(II) or (25)(a.7)(III) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it as specified in subsection (25)(a.7)(IV) of this section.

(II) For registration periods beginning during state fiscal year 2022-23, the amount of the commercial electric motor vehicle road usage equalization fee is:

(A) Fifty dollars for a commercial electric motor vehicle that weighs more than ten thousand pounds but not more than sixteen thousand pounds;

(B) One hundred dollars for a commercial electric motor vehicle that weighs more than sixteen thousand pounds but not more that twenty-six thousand pounds; and

(C) One hundred fifty dollars for a commercial electric motor vehicle that weighs more than twenty-six thousand pounds.

(III) For registration periods beginning during state fiscal year 2023-24 or during any subsequent state fiscal year, the amount of the commercial electric motor vehicle road usage equalization fee is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the commercial electric motor vehicle road usage equalization fee for a commercial electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(IV) The state treasurer shall credit fee revenue collected pursuant to this subsection (25)(a.7) as follows:

(A) Seventy percent to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (6.8); and

(B) Thirty percent to the state highway fund created in section 43-1-219 for the purpose of funding freight-related projects that ease effective, efficient, and safe freight transport.

(a.8) During the 2026 legislative interim, the Colorado energy office, the department of transportation, and the department of public health and environment, after consulting with the community access enterprise created in section 24-38.5-303 (1), the clean fleet enterprise created in section 25-7.5-103 (1)(a), the clean transit enterprise created in section 43-4-1203 (1)(a), and the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a), shall jointly complete a written report and present the report at a hearing of the transportation legislation review committee created in section 43-2-145 (1)(a). The report shall detail progress on all projects completed or undertaken using funding provided pursuant to Senate Bill 21-260, enacted in 2021, identify other projects expected to be completed in the next five years, specifically document the use of general fund money provided pursuant to Senate Bill 21-260, enacted in 2021, and make recommendations as to whether additional general fund money should be provided for similar uses in light of current economic conditions, inflation, and other project completion cost factors, and available state revenue. The report shall also include the joint recommendations of the office and the departments as to whether, beginning in state fiscal year 2027-28 or a later state fiscal year, the amount of any or all of the fees imposed by this subsection (25) should be adjusted or, due to increased use of such motor vehicles, fees should also be imposed on hydrogen fuel cell motor vehicles that are powered by electricity produced from a fuel cell that uses hydrogen gas as fuel to ensure that the goal of equalizing the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines continues to be realized. When developing their recommendations regarding the fees, the office and the departments shall take into account, at a minimum, the most recent available reliable data on current average fuel efficiency and current fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, the United States light-duty and commercial motor vehicle fleets, and the most recent available reliable projections of future average fuel efficiency and future fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, for the United States light-duty and commercial motor vehicle fleets. To the extent feasible based on the data available, analysis of commercial motor vehicle fleet data shall account separately for different categories or weight classes of commercial motor vehicles.

(a.9) As used in this subsection (25), unless the context otherwise requires:

(I) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.

(II) "Commercial electric motor vehicle" means an electric motor vehicle that is a commercial vehicle.

(III) "Electric motor vehicle" means a battery electric motor vehicle and a plug-in hybrid electric motor vehicle.

(IV) "Inflation" means the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an annual inflation adjustment to the amount of any fee imposed pursuant to this subsection (25) is to be made begins.

(V) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.

(b) The department of revenue shall create an electric vehicle decal, which an authorized agent shall give to each person that pays the fees charged under subsections (25)(a), (25)(a.5), and (25)(a.7) of this section and that is not issued an electric vehicle license plate under section 42-3-259 for the electric motor vehicle. The decal must be attached to the upper right-hand corner of the front windshield on the motor vehicle for which it was issued. If there is a change of vehicle ownership, the decal is transferable to the new owner.

(c) Repealed.
C.R.S. § 42-4-715 — CO Code / Title 42 / Article 4 / Part 7 / Section 42-4-715
42-4-715. Yielding right-of-way in roundabouts - definitions
Status: in_force

42-4-715. Yielding right-of-way in roundabouts - definitions. (1) As used in this section:

(a) "Large vehicle" means a truck, bus, emergency vehicle, or recreational vehicle that generally has a total length of more than thirty-five feet or a total width of more than ten feet.

(b) "Roundabout" means a circular intersection or junction in which road traffic flows almost continuously in one direction around a central island.

(2) (a) When entering, exiting, or driving in the circulatory lanes in a roundabout, a person driving a vehicle shall:

(I) Yield the right-of-way to the driver of a large vehicle that is entering, exiting, or driving in the circulatory lanes in a roundabout at the same time or so closely as to present an immediate hazard; and

(II) Slow down or yield to the other vehicle as required by subsection (2)(a)(I) of this section.

(b) This subsection (2) does not require a person who is entering, exiting, or driving in the circulatory lanes in a roundabout to yield the right-of-way to the driver of a large vehicle that is approaching, but has not yet entered, the roundabout.

(c) This subsection (2) does not require a person who is driving a vehicle that is entering, exiting, or driving in the circulatory lanes in a roundabout to yield the right-of-way to a large vehicle that is driving behind the person's vehicle and allow the large vehicle to pass the person's vehicle.

(3) If two vehicles that are large vehicles enter, exit, or drive in the circulatory lanes in a roundabout at the same time or so closely as to present an immediate hazard, the driver on the right shall yield the right-of-way to the driver on the left and shall slow down or yield to the driver on the left.

(4) A person who violates this section commits a class A traffic infraction.
C.R.S. § 42-3-212 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-212
42-3-212. Issuance of optional plates authorized - retirement
Status: in_force

42-3-212. Issuance of optional plates authorized - retirement. (1) The department may issue optional license plates for passenger cars or trucks not over sixteen thousand pounds empty weight.

(2) Optional license plates shall have a background consisting of a graphic design representing the state flag of Colorado and shall consist of numbers or letters approved in accordance with rules of the department.

(3) An applicant may apply for personalized optional license plates. If the applicant complies with 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 optional license plates for the vehicle upon paying the fee imposed by section 42-3-211 (6)(a) and upon turning in such existing plates to the department as required by the department. A person who has obtained personalized optional license plates under this subsection (3) shall pay the annual fee imposed by section 42-3-211 (6)(b) to renew such plates. The fees imposed by this subsection (3) shall be in addition to all other taxes and fees imposed for optional license plates.

(4) The amount of the taxes and fees for optional license plates shall be the same as the amount of the taxes and fees specified for regular motor vehicle plates plus an additional annual fee of twenty-five dollars. The additional fee shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5)(b), C.R.S.

(5) All applications for optional license plates shall be made directly to the department.

(6) The executive director of the department may prepare any special forms and issue any rules necessary to implement this section.

(7) The optional license plates authorized by this section shall be retired unless such plates have been issued for at least three thousand vehicles by July 1, 2007.
C.R.S. § 42-2-134 — CO Code / Title 42 / Article 2 / Part 1 / Section 42-2-134
42-2-134. Foreign license invalid during suspension
Status: in_force

42-2-134. Foreign license invalid during suspension. No resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this article shall operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article.
C.R.S. § 42-2-403 — CO Code / Title 42 / Article 2 / Part 4 / Section 42-2-403
42-2-403. Department authority - rules - federal requirements
Status: in_force

42-2-403. Department authority - rules - federal requirements. (1) The department shall develop, adopt, and administer a procedure for licensing drivers of commercial motor vehicles in accordance with applicable federal law governing commercial motor vehicle safety and any rules promulgated thereunder. The department is hereby specifically authorized to adopt and effectuate, whether by rule, policy, or administrative custom or practice, any licensing sanction imposed by federal statutes or rules governing commercial motor vehicle safety.

(2) (a) The department shall promulgate such rules and regulations as are necessary for the implementation of this part 4. Such rules and regulations shall govern all aspects of licensing commercial drivers, including, but not limited to, testing procedures, license issuance procedures, out-of-service regulations, denial procedures, including suspensions, revocations, cancellations and denials, records maintenance, reporting requirements, and cooperation with the commercial driver's license information system.

(b) The department, with the advice of the commissioner of education, shall develop testing and license issuance procedures for school bus drivers who are employed by any Colorado school district.

(c) (I) In addition to any other requirements, an application for a commercial driver's license shall state that:

(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, cancellation or denial of the applicant's driver's license, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and

(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.

(II) The applicant shall verify the statements required by this paragraph (c) by the applicant's signature on the application.

(d) The department may not consider the following with regard to an application from a person for a commercial driver's license:

(I) A conviction for UDD;

(II) A license revocation imposed under section 42-2-126 (3)(b) if the person was under twenty-one years of age at the time of the offense and such person drove a motor vehicle while such person's BAC was at least 0.02 but not more than 0.05; or

(III) A license revocation imposed under section 42-2-126 (3)(e) if the person was under twenty-one years of age at the time of the offense and such person drove a commercial motor vehicle while such person's BAC was at least 0.02 but less than 0.04.

(e) With regard to every person who holds or applies for a commercial driver's license in this state, the department shall maintain, for at least three years, records of such person's application and of any convictions, disqualifications, and licensing actions for violation of state or local laws relating to motor vehicle traffic control, other than parking violations, committed while the person was operating a commercial motor vehicle or that would affect the person's commercial driving privilege, and shall make such records available to the specified persons and entities as follows:

(I) To law enforcement officers, courts, prosecutors, administrative adjudicators, and motor vehicle licensing authorities in Colorado or any other state, all information on all such persons;

(II) To the federal secretary of transportation, all information on all such persons;

(III) To the individual to whom such information pertains, all such information pertaining to that individual;

(IV) To the motor carrier employer or prospective motor carrier employer of the individual to whom such information pertains, all such information pertaining to that individual.

(2.5) Any application for the issuance or renewal of a license pursuant to this section shall include the applicant's social security number as required in section 14-14-113, C.R.S.

(3) Nothing in this part 4 shall be construed to prevent the state of Colorado from complying with federal requirements in order to qualify for funds under the federal "Commercial Motor Vehicle Safety Act of 1986" or other applicable federal law.

(4) (a) Any male United States citizen or immigrant who applies for a commercial driver's license, or a renewal of any such license, and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (4) to the selective service system. The applicant's submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his signature serves as consent to registration with the selective service system, if so required by federal law.

(5) Notwithstanding any law or rule to the contrary, upon presentation of satisfactory evidence by an applicant, the department:

(a) Shall consider the training, education, or experience obtained by an applicant as a member of the United States armed forces or reserves, the National Guard of any state, the military reserves of any state, or the naval militia of any state; and

(b) May credit the training, education, or experience toward the qualifications to receive a license, certification, or registration.

(6) The department shall require initial applicants for the type of commercial driver's license that authorizes a person to operate a combination vehicle (class A under 49 CFR 383.153) to successfully pass training, when attending a commercial driving school certified for approval by the private occupational schools division in the department of higher education, on the recognition, prevention, and reporting of human trafficking.
C.R.S. § 42-3-262 — CO Code / Title 42 / Article 3 / Part 2 / Section 42-3-262
42-3-262. Special plates - Colorado rotary - fees - definition
Status: in_force

42-3-262. Special plates - Colorado rotary - fees - definition. (1) Beginning on or before 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.

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

(b) The department shall use a design for the Colorado rotary license plate from the rotary districts of Colorado, but the design must conform to department standards and be approved by the department.

(3) A person qualifies for Colorado rotary license plates if the person pays the taxes and fees required under this section and provides to the department a certificate issued by a rotary district of Colorado confirming that the person is a member in good standing.

(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 special license plates. 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) A qualified applicant may apply to the department for personalized Colorado rotary 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 qualified applicant complies with section 42-3-211, except as provided in this subsection (5). If a qualified 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 rotary 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) shall pay the annual fee imposed in 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, "rotary district of Colorado" means the district of 5440, 5450, or 5470 within the Rotary International organization.