2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › CERTIFICATES OF TITLE (§§ 42-6-101 — 42-6-206) › Article 6 - CERTIFICATES OF TITLE - USED MOTOR VEHICLE SALES (§§ 42-6-101 — 42-6-206) › Part 1 - CERTIFICATES OF TITLE (§§ 42-6-101 — 42-6-148) › Section 42-6-110 - Certificate of title - transfer - department records - rules - definition

(1)
Upon the sale or transfer of a motor or off-highway vehicle for which a certificate of title has been issued or filed, the person in whose name the certificate of title is registered, if the person is not a dealer, shall execute a formal transfer of the vehicle described in the certificate. The person in whose name the certificate of title is registered or the person's agent or attorney shall affirm the sale or transfer, accompanied by a written declaration that the statement is made under the penalties of perjury in the second degree, as defined in section
18-8-503
, C.R.S. The purchaser or transferee, within sixty days thereafter, shall present the certificate, together with an application for a new certificate of title, to the director or one of the authorized agents, accompanied by the fee required in section
42-6-137
to be paid for the filing of a new certificate of title; except that, if no title can be found and the motor vehicle is not roadworthy, the purchaser or transferee may wait until twenty-four months after the motor vehicle was purchased to apply for a certificate of title.
(1.5)
(a)
If an insurer, as defined in section
10-1-102 (13)
, a salvage pool authorized by an insurer, or an authorized agent of an insurer is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty days following oral or written acceptance by the owner of an offer of settlement of a total loss, that insurer, salvage pool, or agent may request, on a form provided by the department and signed under penalty of perjury, the department to issue a salvage or nonrepairable title for the vehicle. The request must include information declaring that the insurer, salvage pool, or agent has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title and must include the fee for a duplicate title. The form requesting a salvage or nonrepairable title is the only evidence required to obtain a salvage or nonrepairable title.
(b)
Upon receiving the fee for a duplicate title and the certificate of ownership, other evidence of title, or a properly executed request described in paragraph (a) of this subsection (1.5), the department shall issue the salvage or nonrepairable title for the vehicle.
(c)
As used in this subsection (1.5), "authorized agent of an insurer" means a person who has been authorized on forms promulgated by the department to be an agent of the insurer for the purpose of disposing of a vehicle that has been declared a total loss.
(1.7)
(a)
The department shall allow an insurer, as defined in section
10-1-102
and that is regulated under title 10, an agent of the insurer, a salvage pool that is licensed as a used motor vehicle dealer, a motor vehicle dealer licensed under article
20
of title
44
, a used motor vehicle dealer licensed under article
20
of title
44
, or any person approved by the department to use the electronic systems created in section
42-4-2103 (3)(c)(III)
to access owner and lienholder information of a motor vehicle in the department's records if:
(I)
The motor vehicle is the subject of an insurance claim being processed by the insurer;
(II)
The motor vehicle is possessed by a salvage pool;
(III)
The access is related to a motor vehicle transaction with a motor vehicle dealer or used motor vehicle dealer; or
(IV)
The access is authorized by section
24-72-204 (7)
.
(b)
The department shall ensure that the information available to the insurer, the insurer's agent, the salvage pool, a motor vehicle dealer, a used motor vehicle dealer, or a person approved by the department is correct and is limited to the information needed to verify and contact the owner and lienholder of the motor vehicle.
(c)
The department may charge the insurer, the insurer's agent, the salvage pool, a motor vehicle dealer, a used motor vehicle dealer, or a person approved by the department a fee in an amount not to exceed the lesser of five dollars or the direct and indirect costs of implementing this subsection (1.7). The department shall deposit the fee in the Colorado DRIVES vehicle services account created in section
42-1-211 (2)
.
(d)
The department may promulgate rules establishing standards for verifying:
(I)
The identity of the person accessing the records; and
(II)
That the access is authorized by section
24-72-204 (7)
.
(e)
In allowing access to the electronic system under this subsection (1.7), the department shall ensure that the addresses of program participants under part 21 of article
30
of title
24
are not released.
(2)
A person who violates subsection (1) of this section commits a class A traffic infraction.
Amended by 2022 Ch. 135, § 19, eff. 7/1/2022.
Amended by 2021 Ch. 462, § 752, eff. 3/1/2022.
Amended by 2021 Ch. 260, § 1, eff. 9/7/2021.
Amended by 2018 Ch. 297, § 8, eff. 7/1/2019.
Amended by 2018 Ch. 131, § 1, eff. 4/12/2018.
Amended by 2017 Ch. 309, § 1, eff. 8/9/2017.
Amended by 2014 Ch. 122, § 4, eff. 8/6/2014.
Amended by 2013 Ch. 407, § 7, eff. 6/5/2013 and applicable to acts committed on or after 7/1/2014.
L. 94: Entire title amended with relocations, p. 2453, § 1, effective 1/1/1995. L. 2000: (1) amended, p. 1658, § 5, effective 7/1/2001. L. 2005: Entire section amended, p. 812, § 8, effective August 8. L. 2009: (1) amended, (SB 09-107), ch. 606, p. 606, § 1, effective August 5. L. 2013: (1) amended, (SB 13-280), ch. 2381, p. 2381, § 7, effective June 5. L. 2014: (1.5) added, (HB 14-1100), ch. 434, p. 434, § 4, effective August 6. L. 2017: (1.7) added, (SB 17-251), ch. 1671, p. 1671, § 1, effective August 9. L. 2018: IP(1.7)(a), (1.7)(b), and (1.7)(c) amended, (SB 18-183), ch. 856, p. 856, § 1, effective April 12; (1.7) amended, (HB 18-1299), ch. 1812, p. 1812, § 8, effective 7/1/2019. L. 2021: (1.5)(a) amended and (1.5)(c) added, (HB 21-1291), ch. 1522, p. 1522, § 1, effective September 7; (2) amended, (SB 21-271), ch. 3320, p. 3320, § 752, effective 3/1/2022.
(1) This section is similar to former § 42-6-109 as it existed prior to 1994, and the former § 42-6-110 was relocated to §
42-6-111
.
(2) Amendments to subsection (1.7) by HB 18-1299 and SB 18-183 were harmonized, effective July 1, 2019.
(3) 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).
2021 Ch. 260, was passed without a safety clause. See Colo. Const. art. V, § 1(3).