reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-212 - Provisions cumulative

The provisions of this part 2 shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
Renumbered from C.R.S. § 12-6-212 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-212 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-213 - Damages

In addition to the criminal and civil penalties provided in this part 2, any person who is injured in his or her business or property by any other person or corporation or association or partnership, by reason of any thing forbidden or declared to be unlawful by this part 2, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount of controversy, and to recover twofold the damages sustained by him or her, and the costs of suit. When it appears to the court before which any proceedings under this part 2 are pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending or not.
Renumbered from C.R.S. § 12-6-213 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-213 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-214 - Repeal of part

This part 2 is repealed, effective September 1, 2027. Before its repeal, this part 2 is scheduled for review in accordance with section
24-34-104
.
Renumbered from C.R.S. § 12-6-214 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Added by 2017 Ch. 395,§ 4, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-214 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 3 - SUNDAY CLOSING LAW (§§ 44-20-301 — 44-20-304) › Section 44-20-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Motor vehicle" means every self-propelled vehicle intended primarily for use and operation on the public highways and every vehicle intended primarily for operation on the public highways that is not driven or propelled by its own power, but which is designed either to be attached to or become a part of a self-propelled vehicle; it does not include farm tractors and other machines and tools used in the production, harvesting, and care of farm products.
Renumbered from C.R.S. § 12-6-301 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-301 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 3 - SUNDAY CLOSING LAW (§§ 44-20-301 — 44-20-304) › Section 44-20-302 - Sunday closing

No person, firm, or corporation, whether owner, proprietor, agent, or employee, shall keep open, operate, or assist in keeping open or operating any place or premises or residences, whether open or closed, for the purpose of selling, bartering, or exchanging or offering for sale, barter, or exchange any motor vehicle, whether new, used, or secondhand, on the first day of the week commonly called Sunday. This part 3 shall not apply to the opening of an establishment or place of business on the first day of the week for other purposes, such as the sale of petroleum products, tires, or automobile accessories, or for the purpose of operating and conducting a motor vehicle repair shop, or for the purpose of supplying such services as towing or wrecking. The provisions of this part 3 shall not apply to the opening of an establishment or place of business on the first day of the week for the purpose of selling, bartering, or exchanging or offering for sale, barter, or exchange any boat, boat trailer, snowmobile, or snowmobile trailer.
Renumbered from C.R.S. § 12-6-302 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-302 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 3 - SUNDAY CLOSING LAW (§§ 44-20-301 — 44-20-304) › Section 44-20-303 - Penalties

Any person, firm, partnership, or corporation who violates any of the provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or the court, in its discretion, may suspend or revoke the Colorado motor vehicle dealer's license issued under the provisions of part 1 of this article 20, or by such fine and imprisonment and suspension or revocation.
Renumbered from C.R.S. § 12-6-303 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 94, § 2, effective October 1.
This section is similar to former § 12-6-303 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 3 - SUNDAY CLOSING LAW (§§ 44-20-301 — 44-20-304) › Section 44-20-304 - Repeal of part

This part 3 is repealed, effective September 1, 2027. Before its repeal, this part 3 is scheduled for review in accordance with section
24-34-104
.
Renumbered from C.R.S. § 12-6-304 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Added by 2017 Ch. 395,§ 5, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 94, § 2, effective October 1.
This section is similar to former § 12-6-304 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-401 - Legislative declaration

(1)
The general assembly hereby declares that:
(a)
The sale and distribution of powersports vehicles affects the public interest, and a significant factor of inducement in making a sale of a powersports vehicle is the trust and confidence of the purchaser in the dealer from whom the purchase is made and the expectancy that the dealer will remain in business to provide service for the vehicle;
(b)
The proper sale and service of a powersports vehicle are important to consumer safety, and the manufacturers and distributors of powersports vehicles have an obligation to the public not to terminate or refuse to continue their franchise agreements with retail powersports vehicle dealers unless the powersports vehicle manufacturer or distributor has first established good cause for termination of any such agreement, to the end that there shall be no diminution of locally available service;
(c)
The licensing and supervision of powersports vehicle dealers by the motor vehicle dealer board are necessary for the protection of consumers, and therefore, the sale of powersports vehicles by unlicensed dealers or salespersons, or by licensed dealers or salespersons who have demonstrated unfitness, should be prevented; and
(d)
Consumer education concerning the rules of the powersports vehicle industry, the considerations when purchasing a powersports vehicle, and the role, functions, and actions of the motor vehicle dealer board are necessary for the protection of the public and for maintaining the trust and confidence of the public in the motor vehicle dealer board.
Renumbered from C.R.S. § 12-6-501 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 94, § 2, effective October 1.
This section is similar to former § 12-6-501 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-403 - Motor vehicle dealer board

Powersports vehicle dealers, used powersports vehicle dealers, powersports vehicle manufacturers, distributors, and manufacturer representatives, and powersports vehicle salespersons shall be subject to the jurisdiction of the board.
Renumbered from C.R.S. § 12-6-503 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 98, § 2, effective October 1.
This section is similar to former § 12-6-503 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-406 - Records as evidence

Copies of all records and papers in the office of the board, director, or executive director, duly authenticated under the hand and seal of the board, director, or executive director, shall be received in evidence in all cases equally and with like effect as the original.
Renumbered from C.R.S. § 12-6-506 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 31, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 104, § 2, effective October 1.
This section is similar to former § 12-6-506 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-407 - Attorney general to advise and represent

(1)
The attorney general shall represent the board, director, and executive director and shall give opinions on questions of law relating to the interpretation of this part 4 or arising out of the administration thereof and shall appear for and on behalf of the board, director, and executive director in all actions brought by or against them, whether under this part 4 or otherwise.
(2)
The board may request the attorney general to make civil investigations and enforce rules of the board in cases of civil violations and to bring and defend civil suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the board.
Renumbered from C.R.S. § 12-6-507 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 32, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 104, § 2, effective October 1.
This section is similar to former § 12-6-507 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-409 - Temporary powersports vehicle dealer license

(1)
(a)
If a licensed powersports vehicle dealer has entered into a written agreement to sell a dealership to a purchaser and the purchaser has been awarded a new franchise, the board may issue a temporary powersports vehicle dealer's license to the purchaser or prospective purchaser. The director shall issue the temporary license only after the board has received the applications for both a temporary powersports vehicle dealer's license and a powersports vehicle dealer's license, the appropriate application fee for the powersports vehicle dealer's application, evidence of a passing score of the written examination described in section
44-20-415
, and evidence that the franchise has been awarded to the applicant by the powersports vehicle manufacturer.
(b)
A temporary powersports vehicle dealer's license authorizes the licensee to act as a powersports vehicle dealer and subjects the licensee to this article 20 and to all rules adopted by the executive director or the board. A temporary powersports vehicle dealer's license is effective for up to sixty days or until the board acts on the licensee's application for a powersports vehicle dealer's license, whichever is sooner.
(2)
For the purpose of enabling an out-of-state dealer to sell powersports vehicles on a temporary basis during specifically identified events, the director may issue, upon direction by the board, a temporary powersports vehicle dealer's license that is effective for thirty days. The temporary licensee is subject to the rules adopted by the executive director or the board.
Renumbered from C.R.S. § 12-6-509 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 34, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 106, § 2, effective October 1.
This section is similar to former § 12-6-509 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-410 - Display, form, custody, and use of licenses

(1)
The board and the executive director shall prescribe the form of the license to be issued by the executive director, and shall imprint on each license the seal of their offices. The executive director shall mail the license to the business address where the powersports vehicle salesperson is licensed. Each powersports vehicle salesperson shall keep a copy of the license at the salesperson's place of employment for inspection by employers, consumers, the director, the executive director, or the board. A powersports vehicle dealer or wholesaler shall display conspicuously the person's license in the person's place of business.
(2)
Each license issued under this part 4 is separate and distinct. It is a violation of this part 4 for a person to exercise any of the privileges granted under a license that the person does not hold, or for a licensee to knowingly allow such an exercise of privileges.
Renumbered from C.R.S. § 12-6-510 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 35, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 106, § 2, effective October 1.
This section is similar to former § 12-6-510 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-412 - Bond of licensee

(1)
To be issued a wholesaler's license, powersports vehicle dealer's license, or used powersports vehicle dealer's license, an applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section
11-35-101
or a good and sufficient bond with a corporate surety duly licensed to do business within the state, approved as to form by the attorney general, and conditioned that the applicant not practice fraud or violate any of the provisions of this part 4 related to fraud or any rule promulgated by the board under this part 4 related to fraud. A powersports vehicle dealer or used powersports vehicle dealer need not furnish an additional bond, savings account, deposit, or certificate of deposit under this section if the dealer furnishes a bond, savings account, deposit, or certificate of deposit under section
44-20-112
.
(2)
(a)
The purpose of the bond procured by the applicant in accordance with subsection (1) of this section and section
44-20-413
is to provide for the reimbursement for any loss or damage suffered by any retail consumer caused by fraud or by a violation of this part 4 related to fraud by a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer. For a wholesale transaction, the bond is available to each party to the transaction; except that, if a retail consumer is involved, the consumer has priority to recover from the bond. The amount of the bond must be fifty thousand dollars for each wholesaler applicant, powersports vehicle dealer applicant, and used powersports vehicle dealer applicant. The aggregate liability of the surety for all transactions does not exceed the amount of the bond, regardless of the number of claims or claimants.
(b)
No corporate surety is required to make a payment to any person making a claim under the bond until a final determination of fraud has been made by the board or by a court of competent jurisdiction.
(3)
Bonds required pursuant to this section shall be renewed annually when the bondholder's license is renewed. Bonds may be renewed through a continuation certificate issued by the surety.
(4)
Nothing in this part 4 shall interfere with the authority of the courts to administer and conduct an interpleader action for claims against a licensee's bond.
Amended by 2020 Ch. 225,§ 5, eff. 9/14/2020.
Renumbered from C.R.S. § 12-6-512 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 108, § 2, effective October 1.
This section is similar to former § 12-6-512 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-413 - Powersports vehicle salesperson's bond

(1)
To be issued a powersports vehicle salesperson's license, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section
11-35-101
or a good and sufficient bond in the amount of fifteen thousand dollars with a corporate surety duly licensed to do business within the state, approved as to form by the attorney general, and conditioned that the applicant perform in good faith as a powersports vehicle salesperson without fraud and without violating a provision of this part 4 related to fraud or any rule promulgated by the board under this part 4 related to fraud. The board shall implement a psychometrically valid and reliable salesperson exam that measures the minimum level of competence necessary to practice. A powersports vehicle salesperson need not furnish an additional bond, savings account, deposit, or certificate of deposit under this section if the salesperson furnishes a bond, savings account, deposit, or certificate of deposit under section
44-20-113
.
(2)
No corporate surety is required to make a payment to any person claiming under the bond until a final determination of fraud has been made by the board or by a court of competent jurisdiction.
(3)
Bonds required under this section shall be renewed annually when the bondholder's license is renewed. Bonds may be renewed through a continuation certificate issued by the surety.
Amended by 2020 Ch. 225,§ 6, eff. 9/14/2020.
Renumbered from C.R.S. § 12-6-513 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 109, § 2, effective October 1.
This section is similar to former § 12-6-513 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-414 - Notice of claims honored against bond

(1)
A corporate surety that has provided a bond to a licensee pursuant to section
44-20-412
or
44-20-413
shall provide notice to the board and director of any claim that is honored against the bond within thirty days after the claim is honored.
(2)
A notice provided by a corporate surety pursuant to subsection (1) of this section must be in the form required by the director, subject to approval by the board, and must include the name of the licensee, the name and address of the claimant, the amount of the honored claim, and the nature of the claim against the licensee.
Renumbered from C.R.S. § 12-6-514 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 37, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 109, § 2, effective October 1.
This section is similar to former § 12-6-514 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-415 - Testing licensees

All persons applying for a wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license under this part 4 shall be examined for their knowledge of the powersports vehicle laws of the state of Colorado and the rules promulgated pursuant to this part 4. If the applicant is a corporation, the managing officer shall take the examination, and, if the applicant is a partnership, all the general partners shall take the examination. No license shall be issued except upon successful passing of the examination. This section shall not apply to a motor vehicle dealer, used motor vehicle dealer, or motor vehicle salesperson licensed pursuant to part 1 of this article 20.
Renumbered from C.R.S. § 12-6-515 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 109, § 2, effective October 1.
This section is similar to former § 12-6-515 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-416 - Filing of written warranties

A licensed powersports vehicle manufacturer shall file with the director all written warranties and changes in written warranties the manufacturer makes on powersports vehicles or parts thereof. A licensed powersports vehicle manufacturer shall file with the director a copy of the delivery and preparation obligations of a powersports vehicle manufacturer's dealer, and these warranties and obligations constitute the powersports vehicle dealer's only responsibility for product liability as between the powersports vehicle dealer and the powersports vehicle manufacturer. Any mechanical, body, or parts defects arising from express or implied warranties of the powersports vehicle manufacturer constitute the powersports vehicle manufacturer's product or warranty liability, and the powersports vehicle manufacturer shall reasonably compensate any authorized powersports vehicle dealer who performs work to rectify a powersports vehicle manufacturer's product or warranty defects.
Renumbered from C.R.S. § 12-6-516 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 110, § 2, effective October 1.
This section is similar to former § 12-6-516 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-419 - Principal place of business - requirements - exceptions

(1)
The building or structure required to be located on a principal place of business shall have electrical service and adequate sanitary facilities.
(2)
(a)
A room in a hotel, rooming house, or apartment building or a part of any single or multiple unit dwelling house must not be used as a principal place of business unless:
(I)
The entire ground floor of the hotel, rooming house, apartment building, or dwelling house is devoted principally to and occupied for commercial purposes; and
(II)
The office of the dealer is located on the ground floor of the hotel, rooming house, apartment building, or dwelling house.
(b)
It is not a violation of this part 4 or any rule promulgated under this part 4 for a powersports vehicle dealer or used powersports vehicle dealer to:
(I)
Deliver a powersports vehicle to a customer for a test drive at a location that is away from the dealer's principal place of business;
(II)
Deliver documents for a customer to sign at a location that is away from the dealer's principal place of business;
(III)
Deliver documents to, or obtain documents from, a customer at a location that is away from the dealer's principal place of business; or
(IV)
Deliver a powersports vehicle to a customer at a location that is away from the dealer's principal place of business.
(3)
Nothing in this section shall be construed to exempt a powersports vehicle dealer or used powersports vehicle dealer from local zoning ordinances.
Amended by 2023 Ch. 44, § 1, eff. 8/7/2023.
Renumbered from C.R.S. § 12-6-519 and amended by 2018 Ch. 7, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 114, § 2, effective October 1.
This section is similar to former § 12-6-519 as it existed prior to 2018.
2023 Ch. 44, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-421 - Procedure for denial, suspension, or revocation of license - judicial review

(1)
The denial, suspension, or revocation of licenses issued under this part 4 shall be in accordance with the provisions of sections
24-4-104
and
24-4-105
; except that the discovery available under rule 26 (b)(2) of the Colorado rules of civil procedure is available in any proceeding.
(2)
The board shall appoint an administrative law judge pursuant to part 10 of article
30
of title
24
to conduct any hearing concerning the licensing or discipline of a wholesaler, powersports vehicle dealer, used powersports vehicle dealer, powersports vehicle manufacturer, powersports vehicle manufacturer representative, or powersports vehicle distributor; except that the board may, upon a unanimous vote of the members present when the vote is taken, conduct the hearing in lieu of appointing an administrative law judge.
(3)
(a)
The board shall assign a hearing concerning the licensing or discipline of a powersports vehicle salesperson to the executive director, who shall appoint an officer to conduct a hearing.
(b)
Hearings conducted before an administrative law judge shall be in accordance with the rules of procedure of the office of administrative courts. Hearings conducted before an officer appointed by the executive director shall be in accordance with the rules of procedure established by the executive director.
(4)
The board may summarily suspend a licensee required to post a bond under this article 20 if the licensee does not have a bond in full force and effect as required by this article 20. The suspension shall become effective upon the earlier of the licensee receiving notice of the suspension or within three days after the notice of suspension is mailed to a licensee's last-known address on file with the board. The notice may be effected by certified mail or personal delivery.
(5)
The court of appeals shall have initial jurisdiction to review all final actions and orders that are subject to judicial review of the board. The proceedings shall be conducted in accordance with section
24-4-106(11)
.
Renumbered from C.R.S. § 12-6-521 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 118, § 2, effective October 1.
This section is similar to former § 12-6-521 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-425 - Independent control of dealer - definitions

(1)
Except as otherwise provided in this section, no powersports vehicle manufacturer shall own, operate, or control any powersports vehicle dealer or used powersports vehicle dealer in Colorado.
(2)
Notwithstanding subsection (1) of this section, the following activities are not prohibited:
(a)
Operation of a powersports vehicle dealer for a temporary period, not to exceed twelve months, during the transition from one owner or operator to another independent owner or operator; except that the executive director may extend the period, not to exceed twenty-four months, upon a showing by the manufacturer or distributor of the need to operate the dealership for such time to achieve a transition from an owner or operator to another independent third-party owner or operator;
(b)
Ownership or control of a powersports vehicle dealer while the dealer is being sold under a bona fide contract or purchase option to the operator of the dealer;
(c)
Participation in the ownership of the powersports vehicle dealer solely for the purpose of providing financing or a capital loan that will enable the dealer to become the majority owner of the dealer in less than seven years; and
(d)
Operation of a powersports vehicle dealer if the powersports vehicle manufacturer has no other franchised dealers of the same line-make in this state.
(3)
As used in this section:
(a)
"Control" means to possess, directly, the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, or otherwise; except that "control" does not include the relationship between a powersports vehicle manufacturer and a powersports vehicle dealer under a franchise agreement.
(b)
"Operate" means to directly or indirectly manage a powersports vehicle dealer.
(c)
"Own" means to hold any beneficial ownership interest of one percent or more class of equity interest in a powersports vehicle dealer, whether as a shareholder, partner, limited liability company member, or otherwise. To "hold" an ownership interest means to have possession of, title to, or control of the ownership interest, either directly or through a fiduciary or agent.
(d)
"Powersports vehicle manufacturer" means a powersports vehicle manufacturer, distributor, or manufacturer representative.
Renumbered from C.R.S. § 12-6-525 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 128, § 2, effective October 1.
This section is similar to former § 12-6-525 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-427 - Audit reimbursement limitations - dealer claims

(1)
(a)
A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a powersports vehicle dealer for nine months after the date the claim was submitted.
(b)
A manufacturer, distributor, or manufacturer representative shall not require documentation for warranty, sales, or incentive claims or audit warranty, sales, or incentive claims of a powersports vehicle dealer more than fifteen months after the date the claim was submitted, nor shall the manufacturer require a charge back, reimbursement, or credit against a future transaction arising out of an audit or request for documentation arising more than nine months after the date the claim was submitted.
(2)
The powersports vehicle dealer shall have nine months after making a sale or providing service to submit warranty, sales, or incentive claims to the manufacturer, distributor, or manufacturer representative.
(3)
Subsection (1) of this section shall not limit any action for fraud instituted in a court of competent jurisdiction.
(4)
A powersports vehicle dealer may request a determination from the executive director, within thirty days, that a charge back, reimbursement, or credit required violates subsection (1) of this section. If a determination is requested within the thirty-day period, then the charge back, reimbursement, or credit shall be stayed pending the decision of the executive director. If the executive director determines after a hearing that the charge back, reimbursement, or credit violates subsection (1) of this section, the charge back, reimbursement, or credit shall be void.
Renumbered from C.R.S. § 12-6-526.5 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 130, § 2, effective October 1.
This section is similar to former § 12-6-526.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-428 - Reimbursement for disapproving sale

A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or the transfer of assets. Payment of attorney fees and expenses is not required if the claimant has failed to submit an accounting of attorney fees and expenses within twenty days after the receipt of the manufacturer's or dealer's written request for an accounting. An expense accounting may be requested by the manufacturer or distributor before exercising its right of first refusal.
Renumbered from C.R.S. § 12-6-526.7 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 131, § 2, effective October 1.
This section is similar to former § 12-6-526.7 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-429 - Penalty

(1)
Except as provided in subsection (2) of this section, a person who willfully violates this part 4 commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(2)
(a)
A person who willfully violates section
44-20-423 (2)
by acting as a powersports vehicle manufacturer, powersports vehicle distributor, or powersports vehicle manufacturer representative without proper authorization commits a petty offense.
(b)
A person who willfully violates section
44-20-423 (2)
by acting as a wholesaler, powersports vehicle dealer, used powersports vehicle dealer, or powersports vehicle salesperson without proper authorization commits a petty offense.
Amended by 2021 Ch. 462, § 788, eff. 3/1/2022.
Renumbered from C.R.S. § 12-6-527 and amended by 2018 Ch. 7, § 2, eff. 10/1/2018.
Amended by 2017 Ch. 366, § 5, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18 -030), ch. 131, p. 131, § 2, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3328, p. 3328, § 788, effective 3/1/2022.
(1) This section is similar to former § 12-6-527 as it existed prior to 2018.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-430 - Fines - disposition - unlicensed sales

Of any fine collected for a violation of section
44-20-423(2)
, half is awarded to the law enforcement agency that investigated and issued the citation for the violation and half is credited to the auto dealers license fund created in section
44-20-133
.
Renumbered from C.R.S. § 12-6-528 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2018 Ch. 28,§ 3, eff. 8/8/2018.
L. 2018: Entire section amended, (HB 18-1105), ch. 28, p. 329, § 3, effective August 8; entire article added with relocations, (SB 18-030), ch. 7, p. 132, § 2, effective October 1.
(1) This section is similar to former § 12-6-528 as it existed prior to 2018.
(2) This section was numbered as § 12-6-528 in HB 18-1105. That section was harmonized with and relocated to this section as this section appears in SB 18-030.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-431 - Drafts or checks not honored for payment - penalties

(1)
If a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and fails to honor the draft or check, then the license of the licensee shall be subject to suspension pursuant to section
44-20-420
. The license suspension shall be effective upon the date of a final decision against the licensee. A licensee whose license has been suspended pursuant to this subsection (1) shall not be eligible for reinstatement of the license and shall not be eligible to apply for another license issued under this part 4 unless it is demonstrated to the board that the unpaid draft or check has been paid in full and that any fine imposed on the licensee pursuant to subsection (2) of this section has been paid in full.
(2)
A wholesaler, powersports vehicle dealer, or used powersports vehicle dealer that issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and who fails to honor the draft or check, causing loss to a third party, commits a misdemeanor and shall be punished by a fine of two thousand five hundred dollars. Any fine collected for a violation of this subsection (2) shall be awarded to the law enforcement agency that investigated and issued the citation for the violation.
Renumbered from C.R.S. § 12-6-529 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 132, § 2, effective October 1.
This section is similar to former § 12-6-529 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-432 - Right of action for loss

(1)
A person has a right of action against the licensed powersports vehicle dealer, used powersports vehicle dealer, or the dealer's powersports salespersons if the person suffers loss or damage by reason of fraud practiced on the person by a dealer or one of the dealer's salespersons acting on the dealer's behalf or within the scope of the employment or suffers loss or damage by reason of the violation by the dealer or salesperson of any provision of this part 4 related to fraud that is designated by the board by rule, whether or not the violation is the basis for denial, suspension, or revocation of a license. The right of a person to recover for loss or damage as provided in this subsection (1) against the dealer or salesperson is not limited to the amount of their respective bonds.
(2)
If a person suffers any loss or damage by reason of any unlawful act under section
44-20-423(1)(a)
, the person shall have a right of action against the powersports vehicle manufacturer, distributor, or manufacturer representative. In a court action wherein a powersports vehicle manufacturer, distributor, or manufacturer representative has been found liable in damages to any person under this part 4, the amount of damages so determined shall be trebled and shall be recoverable by the person so damaged. Any person so damaged shall also be entitled to recover reasonable attorney fees.
(3)
If a licensee suffers loss or damage by reason of an unlawful act under section
44-20-423(1)
, the licensee shall have a right of action against the powersports vehicle manufacturer, distributor, or manufacturer representative. In a court action wherein a powersports vehicle manufacturer, distributor, or manufacturer representative has been found liable in damages to a licensee under this part 4, the licensee so damaged shall also be entitled to recover reasonable attorney fees.
(4)
A person who suffers loss or damages resulting from fraud may bring a separate action against, and recover from the surety on the bond of, the licensed powersports vehicle dealer, used powersports vehicle dealer, or powersports salesperson if:
(a)
The licensed dealer or salesperson has not reimbursed the person for the loss or damages; and
(b)
After either:
(I)
The board issued a final agency order with a finding of fraud by a licensed dealer or salesperson; or
(II)
A court entered judgment upon a claim of fraud by a licensed dealer or salesperson.
Amended by 2020 Ch. 225,§ 7, eff. 9/14/2020.
Renumbered from C.R.S. § 12-6-530 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 132, § 2, effective October 1.
This section is similar to former § 12-6-530 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-433 - Contract disputes - venue - choice of law

(1)
In the event of a dispute between a powersports vehicle dealer and a powersports vehicle manufacturer under a franchise agreement, notwithstanding any provision of the agreement to the contrary:
(a)
At the option of the powersports vehicle dealer, venue shall be proper in the county or judicial district where the dealer resides or has its principal place of business; and
(b)
Colorado law shall govern, both substantively and procedurally.
Renumbered from C.R.S. § 12-6-531 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 133, § 2, effective October 1.
This section is similar to former § 12-6-531 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-434 - Advertisement - inclusion of dealer name

No powersports vehicle dealer or used powersports vehicle dealer or an agent of a dealer shall advertise an offer for the sale, lease, or purchase of a powersports vehicle that creates the false impression that the vehicle is being offered by a private party or that does not contain the name of the dealer or the word "dealer" or, if the name is contained in the offer and does not clearly reflect that the business is a dealer, both the name of the dealer and the word "dealer".
Renumbered from C.R.S. § 12-6-532 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 133, § 2, effective October 1.
This section is similar to former § 12-6-532 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 4 - POWERSPORTS VEHICLES (§§ 44-20-401 — 44-20-440) › Section 44-20-435 - Payout exemption to execution

A powersports vehicle dealer's right to receive payments from a manufacturer or distributor required by section
44-20-423(1)(l) and (1)(r)
is not liable to attachment or execution and may not otherwise be seized, taken, appropriated, or applied in a legal or equitable process or by operation of law to pay the debts or liabilities of the manufacturer or distributor. This section shall not prohibit a secured creditor from exercising rights accrued pursuant to a security agreement if the right arose as a result of the manufacturer or distributor voluntarily creating a security interest before paying existing debts or liabilities of the manufacturer or distributor. This section shall not prohibit a manufacturer or distributor from withholding a portion of the payments necessary to cover an amount of money owed to the manufacturer or distributor as an offset to the payments if the manufacturer or distributor provides the motor vehicle dealer written notice thereof.
Renumbered from C.R.S. § 12-6-534 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 133, § 2, effective October 1.
This section is similar to former § 12-6-534 as it existed prior to 2018.