2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Article 4 - REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Part 18 - VEHICLES ABANDONED ON PUBLIC PROPERTY (§§ 42-4-1801 — 42-4-1814) › Section 42-4-1805 - Appraisal of abandoned motor vehicles - sale

(1)
(a)
Abandoned motor vehicles or motor vehicles abandoned in an impound lot subsequent to a tow from public property shall be appraised by a law enforcement officer or an independent motor vehicle dealer and sold by the responsible law enforcement agency at a public or private sale held not less than thirty days nor more than sixty days after the date the notice required by section
42-4-1804 (4)
was mailed.
(b)
Subject to section
42-4-1804
, the operator may continue to charge for daily storage fees until the responsible law enforcement agency complies with this section.
(2)
If the appraised value of an abandoned motor vehicle sold pursuant to this section is three hundred fifty dollars or less, the sale shall be made only for the purpose of junking, scrapping, or dismantling such motor vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a Colorado certificate of title. The responsible law enforcement agency making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section
42-4-1804 (2)
, to the person purchasing such motor vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The responsible law enforcement agency making the sale shall promptly submit a report of sale, with a copy of the bill of sale, to the department and shall deliver a copy of such report of sale to the purchaser of the motor vehicle. Upon receipt of any report of sale with supporting documents on any sale made pursuant to this subsection (2), the department shall purge the records for such vehicle as provided in section
42-4-1810 (1)(b)
and shall not issue a new certificate of title for such vehicle. Any certificate of title issued in violation of this subsection (2) shall be void.
(3)
If the appraised value of an abandoned motor vehicle sold pursuant to this section is more than three hundred fifty dollars, the sale may be made for any intended use by the purchaser. The responsible law enforcement agency making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section
42-4-1804 (2)
, and an application for a Colorado certificate of title signed by a legally authorized representative of the responsible law enforcement agency conducting the sale, to the person purchasing such motor vehicle. The purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon application and proof of compliance with the applicable provisions of the "Certificate of Title Act", part 1 of article
6
of this title, within fourteen days after the sale; except that, if such vehicle is less than five years old, including the current year model, and if the department does not provide the name of an owner of record to the law enforcement agency, the purchaser shall apply for a bonded title and the department shall issue such bonded title upon the applicant meeting the qualifications for such title pursuant to rules promulgated by the department.
(4)
(a)
Transferring the title of a motor vehicle to an operator to satisfy a debt created pursuant to this part 18 shall not be deemed to be the sale of a motor vehicle.
(b)
Nothing in this section requires an operator to be licensed pursuant to part 1 of article
20
of title
44
for purposes of conducting activities under this part 18.
Amended by 2018 Ch. 7, § 20, eff. 10/1/2018.
Amended by 2017 Ch. 395, § 54, eff. 7/1/2017.
L. 2002: Entire part amended with relocations, p. 473, § 1, effective July 1. L. 2003: (3) amended, p. 555, § 1, effective March 7. L. 2004: (1) amended, p. 612, § 3, effective 1/1/2005. L. 2009: Entire section amended, (HB 09 -1279), ch. 170, p. 765, § 4, effective August 5. L. 2017: (4)(b) amended, (SB 17-240), ch. 395, p. 2066, § 54, effective July 1. L. 2018: (4)(b) amended, (SB 18-030), ch. 7, p. 142, § 20, effective October 1.
This section is similar to former § 42-4-1806 as it existed prior to 2002, and the former § 42-4-1805 was relocated to §
42-4-2103
.