reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-104 - [Effective Until 8/7/2024] Powers and duties - rules

(1)
The chief of the Colorado state patrol shall issue such rules as the chief deems necessary to implement this article and carry out its purposes. All permanent port of entry weigh stations established under the authority of this article shall be operated at times determined by the chief so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a port of entry weigh station. All port of entry weigh stations, either permanent or mobile, shall be equipped with weighing equipment approved as to accuracy by the division of inspection and consumer services of the department of agriculture.
(2)
A port of entry officer, during the time that the officer is actually engaged in performing the officer's duties as such and while acting under proper orders or rules issued by the chief of the Colorado state patrol, shall exercise all the powers invested in peace officers in connection with directing traffic and in the enforcement of the provisions of this article 8; articles
2
,
3
, and
20
of this title 42; part 5 of article
4
of this title 42; and sections
42-4-209
,
42-4-225
(1.5),
42-4-235
,
42-4-1407
,
42-4-1409
, and
42-4-1414
; except that an officer does not have the power to serve civil writs and process and, in the exercise of the officer's duties, an officer has the authority to restrain and detain persons or vehicles and may impound any vehicle until any tax or license fee imposed by law is paid or until compliance is had with any tax or regulatory law or rule issued thereunder.
L. 94: Entire title amended with relocations, p. 2493, § 1, effective 1/1/1995. L. 2000: (2) amended, p. 1102, § 3, effective August 2; (2) amended, p. 1454, § 2, effective 7/1/2001. L. 2006: (2) amended, p. 1514, § 80, effective June 1. L. 2010: (2) amended, (HB 10 -1167), ch. 418, p. 418, § 9, effective April 15; (2) amended, (HB 10-1113), ch. 1083, p. 1083, § 3, effective July 1. L. 2012: Entire section amended, (HB 12-1019), ch. 469, p. 469, § 14, effective July 1. L. 2020: (2) amended, (HB 20 -1027), ch. 139, p. 139, § 1, effective March 20.
(1) Amendments to subsection (2) by House Bill 00-1178 and House Bill 00-1142 were harmonized, effective July 1, 2001.
(2) Amendments to subsection (2) by House Bill 10-1167 and House Bill 10-1113 were harmonized.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For rule-making procedures, see article 4 of title 24 .
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-104 - [Effective 8/7/2024] Powers and duties - rules

(1)
The chief of the Colorado state patrol shall issue such rules as the chief deems necessary to implement this article and carry out its purposes. All permanent port of entry weigh stations established under the authority of this article shall be operated at times determined by the chief so as to reasonably allow owners and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a port of entry weigh station. All port of entry weigh stations, either permanent or mobile, shall be equipped with weighing equipment approved as to accuracy by the division of inspection and consumer services of the department of agriculture.
(2)
A port of entry officer, during the time that the officer is actually engaged in performing the officer's duties as such and while acting under proper orders or rules issued by the chief of the Colorado state patrol, shall exercise all the powers invested in peace officers in connection with directing traffic and in the enforcement of the provisions of this article 8; articles
2
,
3
, and
20
of this title 42; part 5 of article
4
of this title 42; and sections
42-4-106 (5),
42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414; except that an officer does not have the power to serve civil writs and process and, in the exercise of the officer's duties, an officer has the authority to restrain and detain persons or vehicles and may impound any vehicle until any tax or license fee imposed by law is paid or until compliance is had with any tax or regulatory law or rule issued thereunder.
Amended by 2024 Ch. 207,§ 5, eff. 8/7/2024.
L. 94: Entire title amended with relocations, p. 2493, § 1, effective 1/1/1995. L. 2000: (2) amended, p. 1102, § 3, effective August 2; (2) amended, p. 1454, § 2, effective 7/1/2001. L. 2006: (2) amended, p. 1514, § 80, effective June 1. L. 2010: (2) amended, (HB 10 -1167), ch. 418, p. 418, § 9, effective April 15; (2) amended, (HB 10-1113), ch. 1083, p. 1083, § 3, effective July 1. L. 2012: Entire section amended, (HB 12-1019), ch. 469, p. 469, § 14, effective July 1. L. 2020: (2) amended, (HB 20 -1027), ch. 139, p. 139, § 1, effective March 20.
(1) Amendments to subsection (2) by House Bill 00-1178 and House Bill 00-1142 were harmonized, effective July 1, 2001.
(2) Amendments to subsection (2) by House Bill 10-1167 and House Bill 10-1113 were harmonized.
2024 Ch. 207, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For rule-making procedures, see article 4 of title 24 .
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-106 - Issuance of clearance receipts

All owners and operators of motor vehicles subject to the payment of fees, licenses, or taxes imposed by the laws of this state, including foreign vehicles, that have not been properly certificated or permitted by the public utilities commission or that have not been approved by the department of revenue for monthly or periodic payment of such fees, licenses, or taxes shall be issued a clearance receipt at a port of entry weigh station only after such fees, licenses, or taxes that may be due are paid or compliance is had with regulatory acts. A clearance receipt issued under this section shall specify the date upon which issued and amounts of fees, licenses, or taxes to be paid. The receipt shall be valid only for the dates and trips specified thereon and for the length of time specified thereon. The Colorado state patrol, through the port of entry weigh stations, may also issue permits for oversize and overweight commercial hauls pursuant to rules and regulations governing such hauls established by the department of transportation. Failure to secure such clearance receipt shall subject the owner or operator to a penalty of double the amount of any tax, license, or fee due that shall be in addition to and distinct from the penalty provided for in section
42-8-109
.
L. 94: Entire title amended with relocations, p. 2494, § 1, effective 1/1/1995. L. 98: Entire section amended, p. 1096, § 9, effective June 1. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 470, § 16, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-107 - Construction and rights-of-way

Within thirty days after receiving notification from the chief of the Colorado state patrol, the department of transportation shall make available without charge to the Colorado state patrol such rights-of-way upon or adjacent to the public highways of this state as are needed for the construction or reconstruction of port of entry weigh stations. If such rights-of-way are not available, the department of transportation shall acquire such rights-of-way as are needed to carry out the purposes of this article out of money in the state highway fund provided for right-of-way acquisition. If possible, the construction, reconstruction, and maintenance of port of entry weigh stations shall be accomplished with forces of the department of transportation within thirty days after notification by the chief of the Colorado state patrol requesting such work.
L. 94: Entire title amended with relocations, p. 2495, § 1, effective 1/1/1995. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 471, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 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.
L. 94: Entire title amended with relocations, p. 2495, § 1, effective 1/1/1995. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 471, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-109 - Fines and penalties

(1)
Any person who drives a vehicle or owns a vehicle in violation of the provisions of section
42-8-105 (1) to (5)
or
42-8-106
commits a class 2 misdemeanor traffic offense.
(2)
Notwithstanding the provisions of section
42-1-217
, all fines and penalties imposed under this article shall be transmitted to the state treasurer, who shall credit the same to the state highway fund; except that, fifty percent of any fine or penalty imposed under this article for a violation occurring within the corporate limits of a city, town, or city and county or outside the corporate limits of a city, town, or city and county, which violation is cited by a law enforcement officer of such city, town, county, or city and county, shall be transmitted to the treasurer or chief financial officer of such city, town, county, or city and county, and the remaining fifty percent shall be transmitted to the state treasurer, who shall credit the same to the state highway fund.
(3)
In addition to the penalties imposed pursuant to subsection (1) of this section, the chief of the Colorado state patrol shall, upon the conviction of any owner or operator or of any agent, officer, or employee, after a third offense within one calendar year, notify the public utilities commission of such conviction, and the commission may suspend any license or permit for a period not to exceed six months or revoke all such certificates and permits issued to the owner or operator of such vehicles by the public utilities commission. Such certificate or permit can be suspended or revoked only after due notice and hearing and for good cause shown. The chief shall file a complaint with the public utilities commission, and the commission must hold a hearing within thirty days after filing of a complaint by the chief. If at the hearing the commission finds that the facts as stated in the complaint by the chief are substantially correct, the commission may immediately revoke all intrastate certificates and permits issued by it to such violator.
(4)
(Deleted by amendment, L. 96, p. 386, § 4, effective April 17, 1996.)
L. 94: Entire title amended with relocations, p. 2495, § 1, effective 1/1/1995. L. 96: Entire section amended, p. 386, § 4, effective April 17. L. 2012: (3) amended, (HB 12-1019), ch. 135, p. 471, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Article 8 - PORT OF ENTRY WEIGH STATIONS (§§ 42-8-101 — 42-8-111) › Section 42-8-110 - Expenses of administration appropriated from the highway users tax fund

For the purpose of administering this article and for the operation, maintenance, and future construction of the port of entry weigh stations established pursuant to this article, there shall be appropriated from the highway users tax fund for each fiscal year such moneys as the general assembly may determine, upon presentation of a budget for that purpose in form and content in accordance with the provisions for submission of budget requests by state agencies.
L. 94: Entire title amended with relocations, p. 2496, § 1, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-101 - Short title

This article shall be known and may be cited as the "Motor Vehicle Repair Act of 1977".
L. 94: Entire title amended with relocations, p. 2500, § 1, effective 1/1/1995.
This section is similar to former § 42-11-101 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-102 - Definitions

As used in this article 9, unless the context otherwise requires:
(1)
"Auto parts recycler" means any person who purchases motor vehicles for the purpose of dismantling and selling the components thereof and who complies with all federal, state, and local regulations. "Auto parts recycler" includes a vehicle dismantler.
(1.2)
"Customer" means the owner, the agent of the owner, or a family member, employee, or any other person whose use of the vehicle is authorized by the owner.
(1.5)
"Estimate" means a written or oral assessment that describes structural damage to or mechanical needs of a motor vehicle. The estimate shall include total estimated costs of repair, excluding sales taxes and towing charges, together with a statement as to whether any parts to be installed are new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt.
(1.6)
"Inflatable restraint system" has the same meaning as is set forth in
49 CFR sec. 507.208
S4.1.5.1 (b).
(1.7)
"Invoice" means the final statement for services rendered.
(2)
(a)
"Motor vehicle" means every self-propelled vehicle intended primarily for use and operation on the public highways.
(b)
The term does not include:
(I)
Trucks and truck tractors having a gross vehicle weight of more than eight thousand five hundred pounds;
(II)
Farm tractors and other machines and tools used in the production, harvesting, and care of farm products; or
(III)
Motorcycles or autocycles.
(3)
"Motor vehicle repair facility" means any natural person, partnership, corporation, trust, association, or group of persons associated in fact although not a legal entity which, with intent to make a profit or a gain of money or other thing of value, engages in the business or occupation of performing repairs on a motor vehicle, including repairs on body parts. The term "motor vehicle repair facility" includes a motor vehicle repair garage.
(4)
"Necessary" means essential to a desired or projected end as stated by the customer or indispensable to avoid loss or damage.
(5)
"Repairs on a motor vehicle" or "repairs" includes maintenance, diagnosis, repairs, service, and parts replacement but does not include washing the vehicle or adding gasoline or oil to the vehicle.
(6)
"Work order" means a document that a customer signs to authorize repairs. "Work order" may include an estimate.
Amended by 2022 Ch. 361, § 29, eff. 1/1/2023.
L. 94: Entire title amended with relocations, p. 2500, § 1, effective 1/1/1995. L. 97: (3) amended and (1.5), (1.7), and (6) added, p. 857, § 1, effective May 21; (1) amended and (1.2) and (1.6) added, p. 796, § 2, effective August 6.
(1) This section is similar to former § 42-11-102 as it existed prior to 1994.
(2) Subsection (1.6) was originally numbered as (1.5) in House Bill 97-1098 but was renumbered on revision for ease of location.
2022 Ch. 361, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 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.
L. 94: Entire title amended with relocations, p. 2501, § 1, effective 1/1/1995.
This section is similar to former § 42-11-102.5 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-107 - Used, reconditioned, or rebuilt parts

The motor vehicle repair facility shall specify in the original estimate whether any parts to be installed are new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt and then shall obtain the consent of the customer before any new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt parts are installed in the motor vehicle. If such consent is oral, the motor vehicle repair facility shall make a record of such consent on the work order and shall include the date, time, and manner of consent. The telephone number called, if any, and the name of the person giving and receiving the consent, if different than the original customer, shall be recorded on the work order. The motor vehicle repair facility shall adjust the original estimate for new parts to reflect the altered cost if used, reconditioned, or rebuilt parts are authorized and installed.
L. 94: Entire title amended with relocations, p. 2504, § 1, effective 1/1/1995. L. 95: Entire section amended, p. 577, § 4, effective 1/1/1996. L. 97: Entire section amended, p. 862, § 5, effective May 21.
This section is similar to former § 42-11-104 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-108 - Invoice

(1)
All repairs done by a motor vehicle repair facility shall be recorded on a customer's invoice. A legible copy of the customer's invoice shall be given to the customer when the motor vehicle is returned to the customer. The original or a legible copy of the customer's invoice shall be retained for at least three years by the motor vehicle repair facility.
(2)
The customer's invoice shall include the following:
(a)
The name and address of the customer;
(b)
The year, make, odometer reading on the date the motor vehicle was brought in for repairs, and license number of the motor vehicle;
(c)
The date the motor vehicle was received for repairs;
(d)
An itemization of each part added to or replaced in the motor vehicle; a description of each part by name and identifying number; clear identification of which parts are used, reconditioned, or rebuilt; and the charges levied for each part added or replaced;
(e)
The amount charged for labor, the full name or employee number of each mechanic or repairer who in whole or in part performed repairs, and the identification of the specific stage of repair for which each mechanic or repairer named was partially or wholly responsible;
(f)
An itemized statement of all additional charges, including storage, service and handling, and taxes;
(g)
An identification of any repairs subcontracted to another repair facility;
(h)
The legible initials of the person filling out any portion of the invoice not specified in this subsection (2); and
(i)
A copy of any warranty issued by the motor vehicle repair facility setting forth the terms and conditions of such warranty.
(3)
Itemization of a particular part is not required on the customer's invoice if no charge is levied for that part.
(4)
Miscellaneous designations such as "shop supplies", "paint and paint supplies", and "shop materials" may be used on the customer's invoice.
(5)
Designation of mechanics, repairers, parts, or labor is not required on the customer's invoice if the customer has been given a flat-rate price, if such repairs are customarily done and billed on a flat-rate price basis and agreed upon by the customer, and if such flat rates are conspicuously posted by the motor vehicle repair garage or otherwise made available to the customer prior to rendering the estimate.
L. 94: Entire title amended with relocations, p. 2504, § 1, effective 1/1/1995. L. 97: (1), (2)(g), and (2)(h) amended and (2)(i) added, p. 862, § 6, effective May 21.
This section is similar to former § 42-11-105 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-108.5 - Warranty completion date

When a motor vehicle is returned under a warranty issued by the repair facility, the facility shall give the customer a written notice that specifies that the work is under warranty and that provides the customer with a completion date for the repair, as required by section
42-9-104
.
L. 95: Entire section added, p. 577, § 5, effective 1/1/1996. L. 97: Entire section amended, p. 863, § 7, effective May 21.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-108.7 - Motor vehicle repair facility warranties

If a motor vehicle repair facility issues a motor vehicle repair facility warranty, such warranty shall appear with the invoice and shall set forth all terms and conditions of such warranty. The facility warranty shall be limited to the terms and conditions set forth in such warranty.
L. 97: Entire section added, p. 863, § 8, effective May 21.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-109 - Return of replaced parts

Except for body shop repair parts, inflatable restraint system components, and parts that the motor vehicle repair facility is required to return to the manufacturer or distributor under a manufacturer warranty or exchange arrangement, the motor vehicle repair facility shall return replaced parts to the customer at the time of the completion of the repairs if the customer so requests at the time of consenting to or authorizing the repairs. A motor vehicle repair facility is not authorized to return any components of an inflatable restraint system to the consumer.
L. 94: Entire title amended with relocations, p. 2505, § 1, effective 1/1/1995. L. 97: Entire section amended, p. 863, § 9, effective May 21; entire section amended, p. 797, § 4, effective August 6.
(1) This section is similar to former § 42-11-106 as it existed prior to 1994.
(2) Amendments to this section by House Bill 97-1098 and House Bill 97-1105 were harmonized.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-109.5 - Inflatable restraint systems - replacement

(1)
(a)
A motor vehicle repair garage may replace an inflatable restraint system only with an inflatable restraint system that is newly manufactured or an inflatable restraint system salvaged and sold by a vehicle dismantler or auto parts recycler.
(b)
A motor vehicle repair garage is not required to install a salvaged inflatable restraint system and may do so only upon obtaining specific written authorization from the customer. A motor vehicle repair garage installing a salvaged inflatable restraint system shall include the phrase "salvaged inflatable restraint system" prominently on the face of the invoice. A motor vehicle repair garage may not use other terms, including but not limited to "used" or "as is", to describe a salvaged inflatable restraint system on an invoice.
(2)
(a)
If a vehicle dismantler or auto parts recycler sells a salvaged inflatable restraint system, the vehicle dismantler or auto parts recycler shall state the following information on the invoice:
(I)
The date of sale of the salvaged inflatable restraint system;
(II)
The vehicle identification number of the vehicle from which the inflatable restraint system was salvaged; and
(III)
The part number of the salvaged inflatable restraint system, if such number is available.
(b)
A vehicle dismantler or auto parts recycler shall maintain the bill of sale for any sale of a salvaged inflatable restraint system for at least three years after the date of the sale.
L. 97: Entire section added, p. 797, § 5, effective August 6.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-110 - Exemption - antique motor vehicles

This article does not apply to repairs of any motor vehicle twenty-five or more years old or of any motor vehicle that is a collector's item as defined in section
42-12-101
.
L. 94: Entire title amended with relocations, p. 2505, § 1, effective 1/1/1995. L. 2011: Entire section amended, (SB 11 -031), ch. 86, p. 248, § 19, effective August 10.
This section is similar to former § 42-11-107 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-112 - Criminal penalties

(1)
Except as provided in subsection (2) of this section, any motor vehicle repair facility or any employee of such facility that fails to provide a completed written or oral estimate as required under section
42-9-104 (2)
or an invoice as required under section
42-9-108
or violates the provisions of section
42-9-105
commits a petty offense.
(2)
Except as otherwise provided in subsection (4) of this section, any motor vehicle repair facility or any employee of such facility who violates section
42-9-111
commits a petty offense. No portion of the minimum fine for repeat offenders shall be suspended.
(2.5)
Any motor vehicle repair facility or any employee of such facility who violates any provision of this article 9 other than the provisions for which penalties are provided in subsections (1), (2), and (4) of this section commits a petty offense.
(2.7)
A violation of this article shall also constitute a deceptive trade practice in violation of the "Colorado Consumer Protection Act", article
1
of title
6
, C.R.S., and shall subject the motor vehicle repair facility or any employee of such facility to the remedies or penalties contained in article
1
of title
6
.
(3)
(Deleted by amendment, L. 97, p. 863, § 11, effective May 21, 1997.)
(4)
Any motor vehicle repair facility or any employee of such facility who violates the provisions of section
42-9-111 (1)(j)
commits a petty offense.
Amended by 2021 Ch. 462, § 769, eff. 3/1/2022.
L. 94: Entire title amended with relocations, p. 2506, § 1, effective 1/1/1995. L. 95: Entire section amended, p. 578, § 7, effective 1/1/1996. L. 97: Entire section amended, p. 863, § 11, effective May 21. L. 2002: (2) and (2.5) amended and (4) added, p. 196, § 2, effective July 1. L. 2021: (1), (2), (2.5), and (4) amended, (SB 21-271), ch. 3323, p. 3323, § 769, effective 3/1/2022.
(1) This section is similar to former § 42-11-109 as it existed prior to 1994.
(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).
For penalties for petty offenses, see § 18-1.3-503 .
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9 - MOTOR VEHICLE REPAIR ACT (§§ 42-9-101 — 42-9-113) › Section 42-9-113 - Civil penalties

In any civil action for the enforcement of this article, the court may award reasonable attorney fees and costs to the prevailing party, and a customer shall be entitled to treble damages for failure of any motor vehicle repair facility or any employee of such facility to comply with this article, except for clerical errors or omissions; but in no event shall such damages be less than two hundred fifty dollars. The customer shall first make written demand for the customer's damages from the motor vehicle repair facility by certified mail at least ten days prior to the filing of any such action, exclusive of Saturday, Sunday, and any legal holiday. Such action shall be brought within the time period prescribed in section
13-80-103
, C.R.S.
L. 97: Entire section added, p. 864, § 12, effective May 21.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-101 - Short title

This article shall be known and may be cited as the "Vehicle Protection Products Act".
L. 2004: Entire article added, p. 745, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Incidental costs" means expenses incurred by the warranty holder that concern the failure of the vehicle protection product and that are specified in the vehicle protection product warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(2)
"Vehicle protection product" means a vehicle protection device, system, or service that:
(a)
Is installed on or applied to a vehicle;
(b)
Is designed to prevent loss or damage to a vehicle from a specific cause;
(c)
Includes a written warranty by a warrantor stating that, if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, the warranty holder shall be paid specified incidental costs by the warrantor as a result of such failure; and
(d)
Comes with a warranty reimbursement insurance policy covering the warrantor's liability from such product.
(3)
"Vehicle protection product warrantor" or "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. "Warrantor" does not include an authorized insurer.
(4)
"Warranty" means an express warranty and shall not include an insurance policy.
(5)
"Warranty reimbursement insurance policy" means a policy of insurance issued to the vehicle protection product warrantor to pay, on behalf of the warrantor, all covered contractual obligations incurred by the warrantor under the vehicle protection product warranty.
L. 2004: Entire article added, p. 745, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-103 - Vehicle protection products

(1)
A warranty contract accompanying a vehicle protection product that is sold or offered for sale shall:
(a)
Identify in the contract the warrantor, the seller, the warranty holder, and the terms of the sale;
(b)
Conspicuously state that the obligations of the warrantor are guaranteed under a warranty reimbursement insurance policy;
(c)
Conspicuously state that, if the payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed by the warranty holder pursuant to the terms of the warranty, the warranty holder may file a claim for reimbursement directly with the warranty reimbursement insurance company;
(d)
Conspicuously state the name and address of the warranty reimbursement insurance company;
(e)
Conspicuously state: "This agreement is a product warranty and is not insurance.";
(f)
Guarantee the warrantor's product with a warranty reimbursement insurance policy; and
(g)
Authorize the warranty holder to file a claim directly with the warranty reimbursement insurance company if the payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed pursuant to the terms of the warranty.
L. 2004: Entire article added, p. 746, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-104 - Warranty reimbursement insurance policies

(1)
A warranty reimbursement insurance policy shall state that the warranty reimbursement insurance company will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums that the warrantor is legally obligated to pay, or will provide the service that the warrantor is legally obligated to perform, according to the warrantor's contractual obligations under the vehicle protection product warranty.
(2)
A warranty reimbursement insurance policy shall state that, if the payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.
L. 2004: Entire article added, p. 747, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-105 - Warranties - insurance

A vehicle protection warranty that complies with this section shall not be deemed to be insurance and shall be exempt from regulation as insurance pursuant to title 10, C.R.S.
L. 2004: Entire article added, p. 747, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 9.5 - VEHICLE PROTECTION PRODUCTS (§§ 42-9.5-101 — 42-9.5-106) › Section 42-9.5-106 - Applicability

This article shall not apply to contracts regulated by article
11
of this title, which concerns motor vehicle service contract insurance.
L. 2004: Entire article added, p. 747, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-101 - [Effective Until 8/7/2024] Definitions

As used in this article, unless the context otherwise requires:
(1)
"Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(2)
"Motor vehicle" means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section
42-1-102 (57)
or vehicles designed to travel on three or fewer wheels in contact with the ground.
(3)
"Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
L. 94: Entire title amended with relocations, p. 2506, § 1, effective 1/1/1995.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-101 - [Effective 8/7/2024] Definitions

As used in this article 10, unless the context otherwise requires:
(1)
"Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle that is used for personal, family, or household purposes; any person to whom the motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for the motor vehicle; and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
(1.5)
"Lemon law buyback vehicle" means a motor vehicle that was repurchased by or returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer for inability to conform the motor vehicle to the manufacturer's warranty in accordance with this article 10 or with any other state or federal motor vehicle warranty law.
(2)
"Motor vehicle" means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section
42-1-102 (57)
, vehicles designed to travel on three or fewer wheels in contact with the ground, or a motor vehicle that has been modified for commercial use.
(2.5)
"Safety-based nonconformity" means a nonconformity that:
(a)
Results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven; or
(b)
Creates a risk of fire or explosion.
(3)
"Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
Amended by 2024 Ch. 450,§ 1, eff. 8/7/2024, app. to motor vehicles sold or leased on or after 8/7/2024.
L. 94: Entire title amended with relocations, p. 2506, § 1, effective 1/1/1995.
2024 Ch. 450, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-102 - [Effective Until 8/7/2024] Repairs to conform vehicle to warranty

If a motor vehicle does not conform to a warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of such warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
L. 94: Entire title amended with relocations, p. 2507, § 1, effective 1/1/1995.
This section is similar to former § 42-12-102 as it existed prior to 1994, and the former § 42-10-102 was relocated to §
8-20-802
.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-102 - [Effective 8/7/2024] Repairs to conform vehicle to warranty

If a motor vehicle has a Safety-based nonconformity or does not conform to a warranty and the consumer reports the nonconformity to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles of the motor vehicle's operation or within two years following the date of the original delivery of the motor vehicle to a consumer, whichever occurs earlier, the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer shall make such repairs as are necessary to conform the motor vehicle to the warranty, notwithstanding the fact that the repairs are made after the expiration of the period.
Amended by 2024 Ch. 450,§ 2, eff. 8/7/2024, app. to motor vehicles sold or leased on or after 8/7/2024.
L. 94: Entire title amended with relocations, p. 2507, § 1, effective 1/1/1995.
This section is similar to former § 42-12-102 as it existed prior to 1994, and the former § 42-10-102 was relocated to §
8-20-802
.
2024 Ch. 450, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-104 - [Effective Until 8/7/2024] Affirmative defenses

(1)
It shall be an affirmative defense to any claim under this article that:
(a)
An alleged nonconformity does not substantially impair the use and market value of a motor vehicle; or
(b)
A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.
L. 94: Entire title amended with relocations, p. 2508, § 1, effective 1/1/1995.
This section is similar to former § 42-12-104 as it existed prior to 1994, and the former § 42-10-104 was relocated to §
8-20-804
.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-104 - [Effective 8/7/2024] Affirmative defenses

(1)
It is an affirmative defense to any claim under this article 10 that:
(a)
An alleged nonconformity does not substantially impair the safety of or use and market value of a motor vehicle, as applicable; or
(b)
A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.
Amended by 2024 Ch. 450,§ 4, eff. 8/7/2024, app. to motor vehicles sold or leased on or after 8/7/2024.
L. 94: Entire title amended with relocations, p. 2508, § 1, effective 1/1/1995.
This section is similar to former § 42-12-104 as it existed prior to 1994, and the former § 42-10-104 was relocated to §
8-20-804
.
2024 Ch. 450, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-105 - Limitations on other rights and remedies

Nothing in this article shall in any way limit the rights or remedies which are otherwise available to a consumer under any other state law or any federal law. Nothing in this article shall affect the other rights and duties between the consumer and a seller, lessor, or lienholder of a motor vehicle or the rights between any of them. Nothing in this article shall be construed as imposing a liability on any authorized dealer with respect to a manufacturer or creating a cause of action by a manufacturer against its authorized dealer; except that failure by an authorized dealer to properly prepare a motor vehicle for sale, to properly install options on a motor vehicle, or to properly make repairs on a motor vehicle, when such preparation, installation, or repairs would have prevented or cured a nonconformity, shall be actionable by the manufacturer.
L. 94: Entire title amended with relocations, p. 2508, § 1, effective 1/1/1995.
This section is similar to former § 42-12-105 as it existed prior to 1994, and the former § 42-10-105 was relocated to §
8-20-805
.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-106 - Applicability of federal procedures

If a manufacturer has established or participates in an informal dispute settlement procedure which substantially complies with the provisions of part 703 of title 16 of the code of federal regulations, as from time to time amended, the provisions of section
42-10-103 (1)
concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
L. 94: Entire title amended with relocations, p. 2509, § 1, effective 1/1/1995.
This section is similar to former § 42-12-106 as it existed prior to 1994, and the former § 42-10-106 was relocated to §
8-20-806
.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › MOTOR VEHICLE REPAIRS (§§ 42-9-101 — 42-11-109) › Article 10 - MOTOR VEHICLE WARRANTIES (§§ 42-10-101 — 42-10-110) › Section 42-10-107 - [Effective Until 8/7/2024] Statute of limitations

Any action brought to enforce the provisions of this article shall be commenced within six months following the expiration date of any warranty term or within one year following the date of the original delivery of a motor vehicle to a consumer, whichever is the earlier date; except that the statute of limitations shall be tolled during the period the consumer has submitted to arbitration under section
42-10-106
.
L. 94: Entire title amended with relocations, p. 2509, § 1, effective 1/1/1995.
This section is similar to former § 42-12-107 as it existed prior to 1994, and the former § 42-10-107 was relocated to §
8-20-807
.
This section is set out more than once due to postponed, multiple, or conflicting amendments.