VEHICLE SERVICES SECTION
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Code of Colorado Regulations › 200 Department of Revenue › 204 Division of Motor Vehicles › 1 CCR 204-10
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RULE 1.
TEMPORARY SPECIAL EVENT LICENSE PLATES
Basis: This rule is promulgated under the authority of sections 42-1-102(24.5), 42-1-
102(41.5), 42-1-204, 42-3-220, 42-3-301, 42-4-110, and 42-4-242, C.R.S.
Purpose: The purpose of this rule is to establish criteria for the issuance of Temporary
Special Event License Plates and for the issuance and use of Temporary Special Event
License Plates for Autonomous Vehicles.
1.0
Definitions
1.1
“Autonomous Vehicle” means a vehicle with an automated driving system as
defined in section 42-1-102(7.7), C.R.S.
1.2
“Temporary Special Event” means a social gathering or activity that is temporary
in nature, not to exceed sixty (60) calendar days in any 12-month period, that
may be a one-time or an annual event having a limited or specific function,
application, or scope.
a.
An applicant that has been authorized to operate an Autonomous Vehicle
for demonstration or testing purposes as a Temporary Special Event may
operate the Autonomous Vehicle in a Temporary Special Event status for a
period greater than sixty (60) calendar days but not to exceed 12-months.
1.3
“Temporary Special Event License Plate” means a temporary special license
plate valid for a limited time that is issued to a person or group of people in
connection with a Special Event, as it is defined in section 42-1-102(102.7),
C.R.S. “Temporary Special Event License Plate” does not mean a special plate
for the purposes of section 42-3-207, C.R.S., Group Special License Plates
issued pursuant to section 42-3-208, C.R.S, Alumni License Plates issued
pursuant to section 42-3-214, C.R.S, or Distinctive Special License Plates as
defined in section 42-13-102(24.5), C.R.S.
Code of Colorado Regulations
Secretary of State
State of Colorado
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
he purposes of section 42-3-207, C.R.S., Group Special License Plates
issued pursuant to section 42-3-208, C.R.S, Alumni License Plates issued
pursuant to section 42-3-214, C.R.S, or Distinctive Special License Plates as
defined in section 42-13-102(24.5), C.R.S.
Code of Colorado Regulations
Secretary of State
State of Colorado
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2.0
Application Process
2.1
Upon request the Department will provide an information packet which shall
include: procedures for requesting a Temporary Special Event License Plate,
guidelines for design criteria, guidelines for sales tax computation, a copy of the
rules, and procedures outlining the Temporary Special Event License Plate
process.
2.2
The Department will accept an application for a Temporary Special Event License
Plate as completed by the requesting person or group of people, otherwise
known as “applicant”.
a.
The application for an Autonomous Vehicle that will be operating as a
Temporary Special Event for the purposes of demonstrations or testing will
be the same as the application process for all other Temporary Special
Events with the exception that the Temporary Special Event License Plate
designed for Autonomous Vehicle demonstration and testing will not be
customized for the Temporary Special Event and will be designed solely
by the Department.
3.0
Requirements and Process for Temporary Special Event License Plates
3.1
The Department may issue a Temporary Special Event License Plate(s) to an
applicant for vehicles or Autonomous Vehicles that meet the criteria in section 42-
3-220(1), C.R.S., and will be operated for demonstration and testing purposes in
connection with a Temporary Special Event.
3.2
An application for a Temporary Special Event License Plate should be completed
and submitted to the Department at least ninety (90) days prior to the start of the
Temporary Special Event. Only applications on forms provided by the
Department will be accepted
n section 42-
3-220(1), C.R.S., and will be operated for demonstration and testing purposes in
connection with a Temporary Special Event.
3.2
An application for a Temporary Special Event License Plate should be completed
and submitted to the Department at least ninety (90) days prior to the start of the
Temporary Special Event. Only applications on forms provided by the
Department will be accepted. Temporary Special Event application fees shall be
mailed directly to and be made payable to the Department of Revenue. A
Temporary Special Event License Plate design fee shall be mailed directly to and
be made payable to Colorado Correctional Industries.
3.3
A Temporary Special Event License Plate(s) will be issued only by the
Department and are only valid when accompanied by a Letter of Authorization for
Use of Temporary Special Event License Plates as issued by the Department for
the dates and times as authorized in the letter. Each Temporary Special Event
License Plate used for the Temporary Special Event shall have the associated
Letter of Authorization present at all times that the Temporary Special Event
License Plate is displayed on the vehicle.
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3.4
A Temporary Special Event License Plate is issued only for the time period
specifically stated on the Letter of Authorization. If the Temporary Special Event
is held annually, an application must be submitted each subsequent year.
3.5
A previously issued Temporary Special Event License Plate may be authorized
for subsequent use upon request by the applicant provided the plate is still
legible and not damaged. If the request is approved by the Department, a new
letter of authorization will be provided to the applicant. No additional fees will be
collected. The organization must comply with all other requirements
equent year.
3.5
A previously issued Temporary Special Event License Plate may be authorized
for subsequent use upon request by the applicant provided the plate is still
legible and not damaged. If the request is approved by the Department, a new
letter of authorization will be provided to the applicant. No additional fees will be
collected. The organization must comply with all other requirements.
3.6
An applicant must pay the material fee required in section 42-3-301, C.R.S., and
the Temporary Special Event application fee required in section 42-3-220,
C.R.S., for each Temporary Special Event License Plate requested. Payment of
the fees must be received by the Department prior to shipment of the Temporary
Special Event License Plate(s).
3.7
A Temporary Special Event applicant may request that the Temporary Special
Event License Plate(s) be mailed to them. The Department will not incur any
mailing costs and the applicant must prepay for shipping the Temporary Special
Event License Plate(s).
3.8
A Temporary Special Event License Plate must be designed within the formats
established by the Department. The Department shall have final approval
authority of the design and reserves the right to:
a.
Deny any application request of which the design may be considered
offensive to good taste and decency or is misleading.
b.
Make any necessary adjustments to the plate design to make it
compatible with License Plate Designs considered acceptable to Law
Enforcement, Tolling Authorities, etc.
3.9
The Department will work directly with the applicant unless the applicant has
designated a specific agent for the purpose of obtaining a Temporary Special
Event License Plate. Designation of specific agent must be provided to the
Department in writing by the applicant.
3.10 It is the responsibility of the applicant to ensure that the vehicle(s) displaying a
Temporary Special Event License Plate is maintained in a roadworthy condition.
a
he applicant unless the applicant has
designated a specific agent for the purpose of obtaining a Temporary Special
Event License Plate. Designation of specific agent must be provided to the
Department in writing by the applicant.
3.10 It is the responsibility of the applicant to ensure that the vehicle(s) displaying a
Temporary Special Event License Plate is maintained in a roadworthy condition.
a.
With the exception of an Autonomous Vehicle, a vehicle displaying a
Temporary Special Event License Plate must have the vehicle’s’ original
issued license plate and registration receipt maintained within the vehicle
any time the Temporary Special Event License Plate is displayed on the
vehicle.
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b
A vehicle that is donated by a dealer for use in the Temporary Special
Event that is not currently registered must maintain within the vehicle proof
of submittal of use tax paid by the donating dealership on the DR0100A
Retail Sales Tax Return for Occasional Sales form any time the Temporary
Special Event License Plate is displayed on the vehicle.
c.
The Temporary Special Event License Plate must be affixed and displayed
on the vehicle pursuant to section 42-3-202,. C.R.S., except that a
Temporary Special Event License Plate will not be issued or be required to
display a year and month validation tab.
3.11
Sample plates of the finished design will not be provided unless specifically
requested. Upon request, the current material fee pursuant to section 42-3-301,
C.R.S., per single plate will be charged to cover the materials used to produce
the sample plate.
3.12 Upon expiration of the Temporary Special Event, the Temporary Special Event
License Plate(s) must be removed from all motor vehicles and becomes the
property of the applicant.
a.
A Temporary Special Event Plate(s) issued to an Autonomous Vehicle
must be returned to the Department upon the expiration of the
demonstration or testing Temporary Special Event
ials used to produce
the sample plate.
3.12 Upon expiration of the Temporary Special Event, the Temporary Special Event
License Plate(s) must be removed from all motor vehicles and becomes the
property of the applicant.
a.
A Temporary Special Event Plate(s) issued to an Autonomous Vehicle
must be returned to the Department upon the expiration of the
demonstration or testing Temporary Special Event.
3.13 A Temporary Special Event License Plate may only be displayed on vehicles
during the approved Temporary Special Event dates as listed on the
Department’s authorization letter. Requests for adjustments to the Temporary
Special Event dates must be made to the Department in writing at least one
week prior to the start of the newly requested date(s).
3.14 The Department will provide the letter of authorization, sample copies of the
authorized Temporary Special Event License Plate, the completed application,
vehicle information, and the Temporary Special Event applicant’s contact
information to the local law enforcement agencies for which the Temporary
Special Event is being held. This notification will provide verification that the use
of the Temporary Special Event License Plate(s) has been approved and
authorized by the Department within the dates specified.
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3.15 A lost or stolen Temporary Special Event License Plate must be reported within
seventy-two (72) hours to the Department and to local law enforcement by the
applicant. A replacement plate will be subject to the required material fee
pursuant to section 42-3-301, C.R.S., Remanufacture and replacement of a
Temporary Special Event License Plate will not be authorized until incident report
paperwork from law enforcement is provided, including a DR2283 Lost or Stolen
License Plate/Permit Affidavit, to the Department, by the applicant, stating the
Temporary Special Event License Plate(s) were lost or stolen
he required material fee
pursuant to section 42-3-301, C.R.S., Remanufacture and replacement of a
Temporary Special Event License Plate will not be authorized until incident report
paperwork from law enforcement is provided, including a DR2283 Lost or Stolen
License Plate/Permit Affidavit, to the Department, by the applicant, stating the
Temporary Special Event License Plate(s) were lost or stolen.
NOTE: Lost or stolen configurations will be replaced with new and unique
configurations.
3.16 A dealership or manufacturer must report and make a tax return and payment to
the Department of Revenue, Taxation Division using DR0100A Retail Sales Tax
Return for Occasional Sales form for sales tax on a taxable amount as
determined by completion of the DR0100A for each vehicle that is donated for
use and display of the Temporary Special Event License Plate. The Temporary
Special Event applicant shall retain all proof of payment of the tax for compliance
purposes and the Department shall not be required to validate proof of payment
of the tax in order to authorize the Temporary Special Event.
4.0
Denied Applications and/or Revoked Temporary Special Event License
Plates
4.1
The Department reserves the right to deny any application for a Temporary
Special Event License Plate and may revoke the use of a Temporary Special
Event License Plate(s) that is in violation of section 42-3-220, C.R.S., and/or this
rule. The applicant must return all Temporary Special Event License Plates for
the Temporary Special Event to the Department for destruction within ten (10)
days of notification that the license plate(s) is revoked.
4.2
If an applicant has been denied a Temporary Special Event License Plate or has
had a Temporary Special Event License Plate revoked, the applicant may
request a hearing, in writing, within 60 days after a notice of denial is issued
ial Event License Plates for
the Temporary Special Event to the Department for destruction within ten (10)
days of notification that the license plate(s) is revoked.
4.2
If an applicant has been denied a Temporary Special Event License Plate or has
had a Temporary Special Event License Plate revoked, the applicant may
request a hearing, in writing, within 60 days after a notice of denial is issued.
Written hearing requests shall be submitted to the Department of Revenue,
Hearings Section, via email at dor_regulatoryhearings@state.co.us or by mail at
PO Box 17087, Denver, CO 80217-0087.
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4.3
The hearing shall be held virtually at the Department of Revenue, Hearing
Section. The presiding hearing officer shall be an authorized representative
designated by the Executive Director, pursuant to the Colorado Administrative
Procedures Act. The Department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
applicant requests his or her presence in writing. If the Department’s
representative is not present at the hearing, the hearing officer has the discretion
to consider any written documents and affidavits submitted by the Department.
RULE 2.
ESTABLISHING VEHICLE REGISTRATION PERIOD
Basis: This rule is promulgated under the authority of sections 42-1-204, 42-3-102, 42-
3-103, 42-3-104, 42-3-106, 42-3-107, 42-3-112, 42-3-114, 42-3-115, 42-3-116, 42-3-
201, 42-3-202, 42-3-203, 42-3-211, 42-3-301, 42-3-304, 42-3-306, 43-4-506(1)(k), 43-4-
804(1)(a)(I), 43-4-805(5)(g)(I), 42-12-301, and 42-12-401 C.R.S.
Purpose: The purpose of this rule is to establish vehicle registration periods and
methods of assessing taxes and fees.
1.0
Definitions
1.1
“Registration Expiration Date” means the expiration of the applicable registration
period required in sections 42-3-102, 42-3-114, 42-12-301, and 42-12-401,
C.R.S
42-3-306, 43-4-506(1)(k), 43-4-
804(1)(a)(I), 43-4-805(5)(g)(I), 42-12-301, and 42-12-401 C.R.S.
Purpose: The purpose of this rule is to establish vehicle registration periods and
methods of assessing taxes and fees.
1.0
Definitions
1.1
“Registration Expiration Date” means the expiration of the applicable registration
period required in sections 42-3-102, 42-3-114, 42-12-301, and 42-12-401,
C.R.S.
1.2
“Validation Tabs” means devices issued by the Department pursuant to section
42-3-201, C.R.S., that are affixed to a license plate pursuant to section 42-3-202,
C.R.S. One Validation Tab will indicate the year of the Registration Expiration
Date and one Validation Tab will indicate the month of the Registration Expiration
Date.
2.0
Evidence of Vehicle Registration Period
2.1
Evidence of a vehicle registration period is provided by the issuance of a license
plate with Validation Tabs affixed to it and the Registration Expiration Date printed
on the registration receipt. For vehicles not required to display Validation Tabs in
accordance with section 42-3-201(7), C.R.S., the Registration Expiration Date is
printed on the registration receipt.
2.2
The Department will issue Validation Tabs for each license plate required to
display Validation Tabs. Validation Tabs must be displayed on the license plate
pursuant to section 42-3-202(1)(b), C.R.S.
2.3
A vehicle must display two license plates unless exempted pursuant to sections
42-3-201(1)(a)(I) and (II), C.R.S., and must be replaced when damaged,
rendered unreadable, or when lost or stolen.
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uired to
display Validation Tabs. Validation Tabs must be displayed on the license plate
pursuant to section 42-3-202(1)(b), C.R.S.
2.3
A vehicle must display two license plates unless exempted pursuant to sections
42-3-201(1)(a)(I) and (II), C.R.S., and must be replaced when damaged,
rendered unreadable, or when lost or stolen.
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3.0
Procedure to Establish Registration Period and Method for Assessment of
Fees and Taxes
3.1
A vehicle’s registration period is established when the vehicle owner applies to
register the vehicle in Colorado.
3.2
A vehicle not previously registered in Colorado will be registered by vehicle class
for the period required by section 42-3-102, C.R.S. The Registration Expiration
Date will be the last day of the month at the end of each registration period.
3.3
Specific ownership tax will be determined in accordance with sections 42-3-106
and 42-3-107, C.R.S. Registration fees will be determined in accordance with
Title 42, articles 1, 3, and 12, and sections 43-4-506(1)(k), 43-4-804(1)(a)(I), and
43-4-805(5)(g)(I) C.R.S., and will be assessed and collected for each registration
period. Registration fees and specific ownership tax can not be exempted unless
specifically exempted pursuant to Colorado Revised Statutes.
3.4
Specific ownership taxes will be collected for the period the vehicle was owned
and located in Colorado, or when Colorado residency of the vehicle owner is
established. Consideration may be given for registrations that require bonds,
affidavits, court orders, or as determined by the Department.
3.5
Registration fees will be collected for the appropriate registration period.
a.
A vehicle’s registration expires on the last day of the month as indicated
on the registration receipt and Validation Tabs
o, or when Colorado residency of the vehicle owner is
established. Consideration may be given for registrations that require bonds,
affidavits, court orders, or as determined by the Department.
3.5
Registration fees will be collected for the appropriate registration period.
a.
A vehicle’s registration expires on the last day of the month as indicated
on the registration receipt and Validation Tabs. All registrations will be
evidenced by the issuance of license plate(s), a registration receipt, and
Validation Tabs, except for those vehicles exempted from the Validation
Tab requirement pursuant to section 42-3-201(7), C.R.S.
b.
So long as a vehicle’s registration renewal submission is received on or
before the last day of the month following the month of expiration pursuant
to section 42-3-114, C.R.S., the registration will be renewed for the
appropriate registration period following the previous registration period.
Specific ownership taxes and registration fees will be calculated and
collected for the appropriate registration period.
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c.
A vehicle’s registration renewal submission received after the last day of
the month following the month of expiration will be processed as a renewal
following the previous registration period. The specific ownership taxes
and registration fees will be collected for the registration period for that
class of vehicle. In addition, specific ownership taxes will be collected for
the period the person registering the vehicle was the owner from the date
of expiration of the previous registration to the beginning of the registration
period in addition to any late fees and prorated taxes and fees pursuant to
section 42-3-112, C.R.S.
d.
A vehicle registration application not received within twelve months of the
Registration Expiration Date will be processed as a new registration. The
specific ownership taxes and registration fees will be collected for the
registration period for that class of vehicle
ginning of the registration
period in addition to any late fees and prorated taxes and fees pursuant to
section 42-3-112, C.R.S.
d.
A vehicle registration application not received within twelve months of the
Registration Expiration Date will be processed as a new registration. The
specific ownership taxes and registration fees will be collected for the
registration period for that class of vehicle. In addition, specific ownership
taxes will be collected for the period beginning on the date of expiration of
the previous registration and ending on the date registration is renewed,
plus any late fee and prorated taxes and fees imposed pursuant to section
42-3-112, C.R.S.
e.
If a license plate is transferred, the new registration will be issued to
correspond with the appropriate registration period beginning with the
month of application to transfer the license plates to the vehicle. Specific
ownership taxes and registration fees will be collected the month following
the month of purchase or the month following the date the vehicle was
acquired by the owner and for the registration period for that class of
vehicle. Credits will be given in accordance with section 42-3-107(25),
C.R.S., as determined by the Department, for fees and any specific
ownership taxes previously paid which remain on the vehicle’s previous
registration period.
4.0
Exceptions to Registration Periods
4.1
A vehicle issued personalized plates pursuant to section 42-3-211, C.R.S, will
have a registration period that expires on the same date the registration for the
previously issued plates was set to expire, and have period of registration in
accordance with section 42-3-102, C.R.S., from that point forward.
4.2
A vehicle issued horseless carriage license plates will have a five-year
registration period pursuant to section 42-12-301(3)(a), C.R.S.
4.3
A vehicle issued collector license plates will have a five-year registration period
beginning on the date of registration of the vehicle pursuant to section 42-12-401,
C.R.S.
gistration in
accordance with section 42-3-102, C.R.S., from that point forward.
4.2
A vehicle issued horseless carriage license plates will have a five-year
registration period pursuant to section 42-12-301(3)(a), C.R.S.
4.3
A vehicle issued collector license plates will have a five-year registration period
beginning on the date of registration of the vehicle pursuant to section 42-12-401,
C.R.S.
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4.4
Pursuant to section 42-3-102(3)(a), C.R.S., the Department may register a
vehicle that is not registered under the international registration plan at intervals
of less than one year upon payment of the appropriate registration fees and
specific ownership tax in order to allow the owner of more than one vehicle to
provide for the owner’s vehicle registrations to expire simultaneously. The owner
is permitted to select an expiration month which coincides with a current
registered vehicle in the owner’s name. Vehicles previously registered in intervals
of less than one year will be renewed for registration periods as provided in
section 42-3-102, C.R.S., and this rule.
4.5
Pursuant to section 42-3-102(1)(b)(I), C.R.S., utility trailers weighing less than
2,000 pounds may be registered in five-year intervals upon payment of five-year
registration fees and five-year specific ownership tax. A five-year registration
period is optional and shall not be required. The five-year registration period shall
be evidenced with a standard trailer regular license plate with a five-year
Validation Tab.
RULE 3.
[Repealed eff. 09/14/2015]
RULE 4.
GROSS VEHICLE WEIGHT REGISTRATIONS
Basis: The statutory bases for this rule are sections 42-1-102(17), 42-1-102(23.5), 42-
1-102(109), 42-1-201, 42-1-204, and 42-3-306(5) C.R.S.
Purpose: The purpose of this rule is to establish the information to be maintained for
vehicles subject to gross vehicle weight registration fees and to clarify the standards for
calculating registration fees
2015]
RULE 4.
GROSS VEHICLE WEIGHT REGISTRATIONS
Basis: The statutory bases for this rule are sections 42-1-102(17), 42-1-102(23.5), 42-
1-102(109), 42-1-201, 42-1-204, and 42-3-306(5) C.R.S.
Purpose: The purpose of this rule is to establish the information to be maintained for
vehicles subject to gross vehicle weight registration fees and to clarify the standards for
calculating registration fees.
1.0
Definitions
1.1
“GVW Vehicle” means a truck or truck tractor subject to annual registration fees
based on declared gross vehicle weight pursuant to section 42-3-306(5)(b),
C.R.S.
1.2
“Mileage History” means those miles traveled by a GVW vehicle during the
Registration Period Mileage Cycle.
1.3
“Registration Period Mileage Cycle” means the twelve-month period immediately
preceding the expiration date of a GVW vehicle registration.
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2.0
Registration Fee Calculation
2.1
GVW Vehicle Used in the Operations of a Common or Contract Carrier for Hire.
For purposes of this rule, a GVW Vehicle is deemed to be used in the operations
of a common or contract carrier for hire if the vehicle transported any cargo not
owned by the carrier for fifty percent or more of the total miles traveled by that
vehicle within the Registration Period Mileage Cycle pursuant to 42-3-
306(5)(b)(II), C.R.S.
a.
Whether a GVW Vehicle is used in the operations of a common or contract
carrier for hire may be established by submitting documentation at the
time of registration proving ownership of all cargo carried for the miles
traveled by that vehicle within the previous Registration Period Mileage
Cycle. Documentation may be bills of sale, manufacturing documentation,
or other documents deemed acceptable by the Department.
b.
A GVW Vehicle registered for the first time that does not have
documentation proving carrier type or mileage history will be registered as
a common or contract carrier for hire travelling ten thousand miles or
more
ehicle within the previous Registration Period Mileage
Cycle. Documentation may be bills of sale, manufacturing documentation,
or other documents deemed acceptable by the Department.
b.
A GVW Vehicle registered for the first time that does not have
documentation proving carrier type or mileage history will be registered as
a common or contract carrier for hire travelling ten thousand miles or
more. Upon registration renewal, if it is demonstrated that the GVW
Vehicle is not a common or contract carrier and/or travelled less than ten
thousand miles during the Registration Period Mileage Cycle, the
registrant may request that the Department credit the difference between
the registration fees paid and the renewal registration fees towards the
renewal registration fees. If not renewing registration, a refund of the
excess registration fee may be requested by submitting a request for
refund to the Department on form DR 2444 Statement of Fact with
supporting documentation.
2.2
Replacing a GVW Vehicle. A GVW Vehicle owner who is replacing an existing
GVW Vehicle may use the Mileage History of the GVW Vehicle being replaced as
qualification for the registration fees assessed on the new GVW Vehicle. For the
Mileage History to qualify, the existing GVW Vehicle must have been registered
and in operation for a full Registration Period Mileage Cycle.
3.0
Recordkeeping Requirements
3.1
Documentation of Mileage History. Documentation for both interstate and
intrastate travel must be maintained and must contain the following information:
a.
Beginning and ending date of each trip;
b.
Trip origin and destination;
c.
Route of travel;
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n for a full Registration Period Mileage Cycle.
3.0
Recordkeeping Requirements
3.1
Documentation of Mileage History. Documentation for both interstate and
intrastate travel must be maintained and must contain the following information:
a.
Beginning and ending date of each trip;
b.
Trip origin and destination;
c.
Route of travel;
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d.
Beginning and ending odometer or hub odometer reading of the trip;
e.
Total mileage;
f.
Mileage by jurisdiction;
g.
Vehicle Identification Number;
h.
GVW Vehicle owner’s name;
i.
Driver's printed name and signature; and
j.
A copy of the vehicle registration receipt indicating taxes paid for the
requested Registration Period Mileage Cycle
RULE 5.
FLEET REGISTRATION PROGRAMS
Basis: The statutory bases for this rule are sections 42-1-102(35), 42-1-102(36), 42-1-
204, 42-3-107(16)(f), 42-3-107(27), 42-3-113(8)(a)(II), and 42-3-125, C.R.S.
Purpose: The following rule is promulgated to establish requirements for participation in
the Colorado fleet vehicle programs.
1.0
Definitions
1.1
“Colorado Fleet Registration Program (CFRP)” means the optional program for
fleet operators, defined in section 42-1-102(35), C.R.S., to register fleet vehicles,
as defined at section 42-1-102(36), C.R.S., in a common registration expiration
month evidenced by the issuance of a Fleet License Plate.
1.2
“Colorado Standard Fleet Program (CSFP)” means the optional program for fleet
operators to register fleet vehicles in a common registration expiration month
without the issuance of a Fleet License Plate.
1.3
“Fleet License Plate” means the Colorado red and white license plate with
stacked letters “FLT” which are not required to display year and month validation
tabs.
1.4
“Fleet Number” means the number assigned by the Department to a fleet
operator that has been approved to participate in the CFRP and/or CSFP
in a common registration expiration month
without the issuance of a Fleet License Plate.
1.3
“Fleet License Plate” means the Colorado red and white license plate with
stacked letters “FLT” which are not required to display year and month validation
tabs.
1.4
“Fleet Number” means the number assigned by the Department to a fleet
operator that has been approved to participate in the CFRP and/or CSFP.
1.5
“International Registration Plan (IRP)” means the program in which vehicles are
registered under a reciprocity agreement among the states of the United States
and provinces of Canada, providing for the payment of license fees based upon
total distance operated in all jurisdictions.
2.0
Fleet Vehicle Programs and Participation Requirements
2.1
Fleet vehicle programs are as follows:
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a.
Colorado Fleet Registration Program: The CFRP program is available to
fleet operators that request a common registration expiration month for
their fleet vehicles. Under this program, each fleet vehicle must display a
Fleet License Plate. The same registration expiration month applies for all
vehicles in the fleet.
b.
Colorado Standard Fleet Program: The CSFP program is available to fleet
operators that request a common registration expiration month for their
fleet vehicles, without requiring Fleet License Plates. Under this program,
the fleet operator is required to update the Colorado registration receipt
and license plate month and year tabs on each fleet vehicle annually. The
same registration expiration month applies for all vehicles in the fleet.
2.2
A fleet operator may apply to participate in one or both of the fleet vehicle
programs. The fleet operator must meet and maintain the minimum requirement
of ten for each separate fleet vehicle program that the fleet operator is
participating in.
2.3
Vehicles registered in the CFRP or CSFP programs must be titled in the fleet
operator’s name to participate in the programs
vehicles in the fleet.
2.2
A fleet operator may apply to participate in one or both of the fleet vehicle
programs. The fleet operator must meet and maintain the minimum requirement
of ten for each separate fleet vehicle program that the fleet operator is
participating in.
2.3
Vehicles registered in the CFRP or CSFP programs must be titled in the fleet
operator’s name to participate in the programs.
2.4
The fleet operator must also provide any applicable registration documents: proof
of Colorado compliant insurance, heavy vehicle use tax, proof of emissions, and
public utility license.
3.0
Process
3.1
The fleet operator must complete the form DR 2428 Fleet Owner Request for
Participation in the Colorado Fleet Registration Program (for CFRP) and/or form
DR 2194 Fleet Owners Request for Common Registration Expiration Date (for
CSFP). The fleet operator must designate the requested registration expiration
month (including designating an alternate choice, if applicable) for the fleet
vehicles. Otherwise, the Department will assign the registration expiration month.
3.2
Upon approval, a Fleet Number will be assigned by the Department. The
Department will provide the assigned Fleet Number to the fleet operator and all
counties designated on the DR 2428 and/or DR 2194
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3.3
Upon the initial registration of fleet vehicles in a fleet registration program, the
fleet operator will be issued a registration period certificate containing “PERM” in
the expiration date field. This “PERM” registration period certificate must be
retained in each fleet vehicle as evidence of registration. Upon annual renewal,
the fleet operator will be issued a new registration period certificate to show taxes
and fees paid. However, if the original “PERM” registration period certificate is
maintained in the fleet vehicle, the new registration period certificate must be
retained but need not replace the “PERM” registration period certificate in the
vehicle
fleet vehicle as evidence of registration. Upon annual renewal,
the fleet operator will be issued a new registration period certificate to show taxes
and fees paid. However, if the original “PERM” registration period certificate is
maintained in the fleet vehicle, the new registration period certificate must be
retained but need not replace the “PERM” registration period certificate in the
vehicle.
4.0
Changes to Fleet Operator Vehicle Number, Fleet Operator Name, or
Expiration Month
4.1
If at any time a fleet operator owns or leases less than ten vehicles, then the fleet
operator’s participation in the fleet programs is subject to cancellation.
4.2
In the event of a legal name change of the fleet operator
a.
All fleet vehicle titles must be properly transferred to the fleet operator’s
new name;
b.
The fleet operator must complete the DR 2428 (for CRFP) or DR 2194 (for
CSFP) marking the form in the “name change” section, and;
c.
Once the name change is processed, the fleet operator will receive
Colorado registration receipts updated with the name change for all fleet
vehicles from the county where the fleet vehicles are registered.
4.3
A fleet operator may change the expiration month, not to exceed twelve months,
by re-submitting form DR 2428 (for CFRP) and/or form DR 2194 (for CSFP). The
fleet operator will be assigned a new Fleet Number.
5.0
IRP Vehicles Ineligible
5.1
Vehicles registered in the International Registration Plan (IRP) are not eligible to
participate in the CFRP or CSFP. A fleet operator wishing to register vehicles in
Colorado fleet vehicle program(s) must remove those vehicles from the IRP prior
to registering the vehicles in CFRP and/or CSFP.
RULE 6.
COLORADO STATE PATROL LICENSE PLATES
Basis: This regulation is promulgated under the authority of sections 42-1-204, 42-3-
104(1), 42-3-104(2), 42-3-104(3), 42-3-104(4), 42-3-201 and 42-3-207(1), C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for
the issuance of Colorado State Patrol license plates.
to registering the vehicles in CFRP and/or CSFP.
RULE 6.
COLORADO STATE PATROL LICENSE PLATES
Basis: This regulation is promulgated under the authority of sections 42-1-204, 42-3-
104(1), 42-3-104(2), 42-3-104(3), 42-3-104(4), 42-3-201 and 42-3-207(1), C.R.S.
Purpose: The following rules and regulations are promulgated to establish criteria for
the issuance of Colorado State Patrol license plates.
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1.0
Definitions
1.1
“Colorado State Patrol License Plates” – means a numbered plate issued by the
Department to items of classified personal property that are owned by the State
of Colorado, Colorado State Patrol that is designed in a manner that denotes
those items of classified personal property as Colorado State Patrol owned items
in lieu of regular Government style license plates.
1.2
“Department” – for purposes of this regulation means the Department of
Revenue, Vehicle Services Section.
2.0
Requirements
2.1
Only the Colorado State Patrol may apply for or plate their vehicles with the
Colorado State Patrol license plates. Applications for Colorado State Patrol
license plates shall be made directly to the Department of Revenue, Vehicle
Services Section in a manner as prescribed by the Department.
2.2
The Department of Revenue, Vehicle Services Section shall be the only authority
to issue Colorado State Patrol license plates and register those vehicles
therewith.
2.3
All issued Colorado State Patrol license plates are subject to material fees as
established in section 42-3-301, C.R.S. which shall be assessed at the time of
issuance or replacement of such license plates.
2.4
Motor vehicles issued and registered with Colorado State Patrol license plates
shall be exempt from all taxes, fees and ownership taxes as established in
section 42-3-104(1) and 42-3-304(3)(c), C.R.S.
2.5
Colorado State Patrol license plates shall not be issued annual validating tabs or
stickers as established in section 42-3-201(2), C.R.S
ime of
issuance or replacement of such license plates.
2.4
Motor vehicles issued and registered with Colorado State Patrol license plates
shall be exempt from all taxes, fees and ownership taxes as established in
section 42-3-104(1) and 42-3-304(3)(c), C.R.S.
2.5
Colorado State Patrol license plates shall not be issued annual validating tabs or
stickers as established in section 42-3-201(2), C.R.S.
2.6
Motor vehicles issued and registered with Colorado State Patrol license plates
shall conform to applicable insurance requirements as established in section 42-
3-105(1)(d), C.R.S. and applicable emissions requirements as established in
sections 42-4-301 through 42-4-316, C.R.S. and sections 42-4-401 through 42-4-
414, C.R.S.
2.7
Colorado State Patrol license plates shall be designed jointly between the
Department of Revenue and Colorado State Patrol with the Department of
Revenue having final design approval authority.
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2.8
Colorado State Patrol license plates shall be permitted to display the official seal
and logo of the Colorado State Patrol and shall be permitted to have a tagline
with the wording “State Patrol” which shall act as the special registration number
indicating that such vehicle is owned and operated by the State of Colorado as
established in section 42-3-104(4), C.R.S .
2.9
Plate series “CSP” shall be reserved for Colorado State Patrol license plates and
manufacturing. Manufacturing of Colorado State Patrol license plates will be
accomplished using standard manufacturing, distribution, inventory management,
accounting, and budgeting practices, policies and methodologies as established
by the Department.
RULE 7.
MOTORIST INSURANCE IDENTIFICATION DATABASE (MIIDB)
Basis: The statutory basis for this rule is Part 6, Article 4 of Title 10, section 42-1-204,
C.R.S., and section 42-7-604, C.R.S
State Patrol license plates will be
accomplished using standard manufacturing, distribution, inventory management,
accounting, and budgeting practices, policies and methodologies as established
by the Department.
RULE 7.
MOTORIST INSURANCE IDENTIFICATION DATABASE (MIIDB)
Basis: The statutory basis for this rule is Part 6, Article 4 of Title 10, section 42-1-204,
C.R.S., and section 42-7-604, C.R.S.
Purpose: The purpose of this rule is to establish reporting requirements for insurers that
issue insurance policies under Part 6, Article 4 of Title 10 in order to maintain the
Motorist Insurance Identification Database (MIIDB).
1.0
Definitions
1.1
“Designated Agent” means an agent that contracts with the Department as
defined in section 42-7-603(3), C.R.S.
1.2
“Secure File Transfer Protocol” (SFTP) means a process for securely exchanging
files between the insurer’s system and the Designated Agent’s system.
1.3
“Policy” means an automobile insurance policy as defined in section 10-4-
601(10), C.R.S.
2.0
Insurer Reporting Requirements
2.1
An insurer shall report motor vehicle Policy information required under section
10-4-615(2), C.R.S., to the Department’s Designated Agent as provided by
sections 10-4-615(1)(a) and (b) and 10-4-615(3), C.R.S.
2.2
Each insurer with any policies in place for the preceding six months shall provide
such policy information every week for the immediately preceding week. Such
information shall be reported no later than seven working days after the last date
of the week reported on.
2.3
The information required in 2.1 above shall be reported and provided in a form or
manner acceptable to the Designated Agent using the SFTP. An insurer must
register with the Designated Agent and complete the required registration found
at: https://apps.colorado.gov/driveinsured/registration.html.
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ate
of the week reported on.
2.3
The information required in 2.1 above shall be reported and provided in a form or
manner acceptable to the Designated Agent using the SFTP. An insurer must
register with the Designated Agent and complete the required registration found
at: https://apps.colorado.gov/driveinsured/registration.html.
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2.4
Error Reporting
a.
The Designated Agent will make error reports available to insurers using
the SFTP.
b.
Each insurer shall retrieve error reports and develop an error correction
process for Policy information that is rejected and returned.
c.
Each insurer must correct rejected and returned Policy information and
resubmit corrected Policy information using the form or manner required in
paragraph 2.3 above. Until it is corrected, a rejected Policy may result in
the vehicle record being disclosed as uninsured to law enforcement upon
request for insurance status.
d.
Each insurer is responsible for any costs incurred in complying with the
MIIDB program.
3.0
Vehicles Exempt From MIIDB Reporting Requirements
3.1
The following motor vehicles are exempt from MIIDB reporting requirements:.
a.
A motor vehicle that is a commercial motor vehicle defined in 42-1-
102(17.5), C.R.S.
b.
A motor vehicle designed as a special use truck pursuant to 42-3-306(9),
C.R.S., and Rule 33, 1 CCR 204-10.
c.
A motor vehicle registered in the commercial fleet program pursuant to 42-
3-107(27), C.R.S., and Rule 5, 1 CCR 204-10.
d.
A motor vehicle registered in a rental program pursuant to 42-3-107(11),
42-3-107(12), and 42-3-107(16), C.R.S., and Rule 30, 1 CCR 204-10.
e.
A motor vehicle owned by the State of Colorado or any agency or
institution there of or by a town, city, county, or city and county pursuant to
42-3-104(4), C.R.S., and Rule 28, 1 CCR 204-10.
f.
A motor vehicle registered with a gross vehicle weight rating pursuant to
42-1-102(23.5) and 42-3-306(5)(b), C.R.S., and Rule 4, 1 CCR 204-10.
g
12), and 42-3-107(16), C.R.S., and Rule 30, 1 CCR 204-10.
e.
A motor vehicle owned by the State of Colorado or any agency or
institution there of or by a town, city, county, or city and county pursuant to
42-3-104(4), C.R.S., and Rule 28, 1 CCR 204-10.
f.
A motor vehicle registered with a gross vehicle weight rating pursuant to
42-1-102(23.5) and 42-3-306(5)(b), C.R.S., and Rule 4, 1 CCR 204-10.
g.
A motor vehicle registered as a farm vehicle pursuant to 42-3-306(4),
C.R.S.
h.
A bus registered pursuant to 42-1-102(88) and 42-3-306(2)(c), C.R.S.
i.
A motor vehicle registered with a Commercial Call Letter license plate
pursuant to 42-3-210, C.R.S.
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j.
A vehicle that does not meet the definition of a motor vehicle under 10-4-
601(6) and 42-1-102(580, C.R.S. This includes Trailers defined in 42-1-
102(14), 42-1-102(60.3), 42-1-102(105), 42-1-105(106), and 42-1-
102(111), C.R.S., and Special Mobile Machinery defined in 42-1-
102(93.5), C.R.S.
3.2
The following registration records with license plates that are registered to a
person and not a motor vehicle are exempt from MIIDB reporting requirements:
a.
Dealer Demonstration, Dealer Full-Use, Dealer In-Transit, and SMM
Dealer Demonstration license plates issued pursuant to 42-3-116, C.R.S.,
and Rule 48, 1 CCR 204-10.
b.
Depot license plates issued pursuant to 42-3-116, C.R.S., and Rule 9, 1
CCR 204-10.
c.
Manufacturer license plates issued pursuant to 42-3-116, C.R.S.
d.
Transporter license plates issued pursuant to 42-3-116, C.R.S., and Rule
35, 1 CCR 204-10.
RULE 8.
DEALER TITLE
Basis: The statutory bases for this rule are 42-6-102(2), 42-6-104, 42-6-111(2), 42-6-
137(6), and 42-6-138(4), C.R.S.
Purpose: The purpose of this rule is to establish requirements for a motor vehicle
dealer or wholesaler for providing proof of ownership and for the processing of
certificates of title
ense plates issued pursuant to 42-3-116, C.R.S., and Rule
35, 1 CCR 204-10.
RULE 8.
DEALER TITLE
Basis: The statutory bases for this rule are 42-6-102(2), 42-6-104, 42-6-111(2), 42-6-
137(6), and 42-6-138(4), C.R.S.
Purpose: The purpose of this rule is to establish requirements for a motor vehicle
dealer or wholesaler for providing proof of ownership and for the processing of
certificates of title.
1.0
Definitions
1.1
“Agent” means an individual authorized by a dealer or wholesaler to act on behalf
of that dealer or wholesaler.
1.2
“Assigned” means a certificate of title or MCO that is signed by a seller and
accompanied by the Colorado dealer’s bill of sale for motor vehicle to evidence
the chain of ownership progression to the dealer or wholesaler.
1.3
“Manufacturer's Certificate of Origin” or “MCO” has the same meaning as
Colorado Code of Regulation 1 CCR 204-10 Rule 22. Manufacturer’s Certificate
of Origin – Requirements and Use.
1.4
“Working Day” means the daily period beginning at 8:00 a.m. and ending at 5:00
p.m. Monday through Friday, with the exception of those days designated as
official State of Colorado holidays by statute or Executive Order of the Governor,
or where a county operates under alternative posted hours.
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1.5
“Secure and Verifiable Identification” means a document issued by a state or
federal jurisdiction or recognized by the United States Government and that is
verifiable by federal or state law enforcement, intelligence, or the Homeland
Security Agency.
1.6
“Letter of Authorization” means an authorization on a dealer's or wholesaler's
letterhead from a designated representative of a dealer or wholesaler to the
Department authorizing a specific person to act as an Agent for the dealer or the
wholesaler
cognized by the United States Government and that is
verifiable by federal or state law enforcement, intelligence, or the Homeland
Security Agency.
1.6
“Letter of Authorization” means an authorization on a dealer's or wholesaler's
letterhead from a designated representative of a dealer or wholesaler to the
Department authorizing a specific person to act as an Agent for the dealer or the
wholesaler.
1.7
“Third Party Provider” means an electronic vehicle or special mobile machinery
registration, lien, or titling service provider that is approved by the Department to
perform the registration, lien, and titling functions set forth in articles 1 to 6 of Title
42, as defined in 42-1-102(102.8), C.R.S.
2.0
Proof of Ownership Requirements
2.1
A Colorado dealer or wholesaler must maintain the following proof of ownership
for each vehicle in their possession:
a.
If the vehicle is a used vehicle with a Colorado certificate of title:
1.
A Colorado certificate of title Assigned to the dealer or wholesaler;
and,
2.
Odometer disclosure if required.
b.
If the vehicle is a used vehicle with an out-of-state certificate of title:
1.
The out-of-state certificate of title Assigned to the dealer or
wholesaler; and,
2.
Odometer disclosure if required; and,
3.
Colorado Dealer's Out-of-State Vehicle Information Disclosure; and,
4.
Colorado verification of vehicle identification number.
c.
A new vehicle Assigned by MCO to a dealer or wholesaler:
1.
MCO Assigned or re-Assigned to a franchised dealer or wholesaler;
and,
2.
Odometer disclosure if required.
3.
A dealer or wholesaler shall not hold a MCO unless that dealer or
wholesaler is franchised to sell that specific make of vehicle as
indicated on the MCO.
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er.
c.
A new vehicle Assigned by MCO to a dealer or wholesaler:
1.
MCO Assigned or re-Assigned to a franchised dealer or wholesaler;
and,
2.
Odometer disclosure if required.
3.
A dealer or wholesaler shall not hold a MCO unless that dealer or
wholesaler is franchised to sell that specific make of vehicle as
indicated on the MCO.
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d.
A new vehicle Assigned or re-Assigned with its MCO from an out-of-state
franchised dealer or wholesaler to a franchised Colorado dealer or
wholesaler:
1.
MCO re-Assigned to the franchised dealer or wholesaler; and,
2.
Odometer disclosure if required; and,
3.
A dealer or wholesaler shall not hold a MCO unless that dealer or
wholesaler is franchised to sell that specific make of vehicle as
indicated on the MCO.
e.
A vehicle with incomplete or insufficient certificate of title shall be marked
“Not for Sale” and withheld from any public offering.
3.0
Requirements for Obtaining Certificate of Title in One Working Day
3.1
A dealer or wholesaler may obtain a “dealer resale” certificate of title in the
licensed name of the dealer or wholesaler within one Working Day after
application, at the Department of Revenue, by making a “3 Dealer Title”
appointment at the Lakewood office; limited to one appointment per company per
day. A maximum of 3 dealer titles will be processed in this manner per company
per day. The required documents, as outlined in section 4.0 below, and payment
of the statutorily required fee are required.
3.2
A dealer or wholesaler may obtain 3 “dealer resale” certificates of title per
company per day in the licensed name of the dealer or wholesaler at their county
motor vehicle office, through appointment or walk-in, based on that county’s
transaction policies.
3.3
A dealer or wholesaler requesting the Department issue a certificate of title to an
Agent must provide a Letter of Authorization, listing the names of all persons who
will be acting as Agents on their behalf
itle per
company per day in the licensed name of the dealer or wholesaler at their county
motor vehicle office, through appointment or walk-in, based on that county’s
transaction policies.
3.3
A dealer or wholesaler requesting the Department issue a certificate of title to an
Agent must provide a Letter of Authorization, listing the names of all persons who
will be acting as Agents on their behalf. Letters of Authorization will be kept on file
at the Department. It shall be the responsibility of the dealer or wholesaler to
notify the Department of any changes in Agents. A person attempting to obtain a
Dealer Resale certificate of title that is not listed on the dealer’s or wholesaler’s
Letter of Authorization will not be permitted to receive the certificate of title. If the
dealer, wholesaler, or Agent fails to pick up the certificate of title after one
Working Day the Department may choose to hold the certificate of title until it is
picked up or mail it to the dealer or wholesaler.
3.4
The Agent shall be required to present Secure and Verifiable Identification at the
time of application and upon receipt of a certificate of title. The Agent shall sign a
receipt verifying receipt of the certificate of title.
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3.5
An Agent representing more than one dealer or wholesaler must have a Letter of
Authorization from each dealer or wholesaler for which the Agent is an authorized
Agent in order to obtain a certificate of title on behalf of that dealer or wholesaler.
4.0
Requirements for Acceptance of Applications for Dealer Resale Certificate
of Title
4.1
An application for dealer resale certificate of title will only be accepted when:
a.
The supporting ownership document is a MCO properly Assigned to a
dealer or wholesaler or re-Assigned to a dealer or wholesaler; or,
b.
The supporting ownership document is a certificate of title properly
Assigned to a dealer or wholesaler; or,
c
cceptance of Applications for Dealer Resale Certificate
of Title
4.1
An application for dealer resale certificate of title will only be accepted when:
a.
The supporting ownership document is a MCO properly Assigned to a
dealer or wholesaler or re-Assigned to a dealer or wholesaler; or,
b.
The supporting ownership document is a certificate of title properly
Assigned to a dealer or wholesaler; or,
c.
The supporting ownership document is a salvage certificate of title for a
vehicle that has been made roadworthy, as defined in section 42-6-
102(15), C.R.S., and is being submitted for a dealer resale certificate of
title in the dealer's or wholesaler's name.
4.2
An application for a dealer resale certificate of title must be free and clear of all
liens and encumbrances.
4.3
An application for a dealer resale certificate of title must be complete and contain
all required documents listed in section 2.0 Proof of Ownership Requirements
above.
4.4
The Department may limit dealer resale certificate of title applications to three
applications per dealer, wholesaler or Agent per Working Day. Additional
applications above the maximum limit of three may not be processed in one
Working Day.
5.0
Dealer Resale Certificate of Title Application Processing Timeframes
5.1
Dealer titles shall be processed as listed in sections 3.1 and 3.2.
5.2
Processing is contingent upon an application meeting requirements, receiving
payment, passing Department auditing of the application and documents, and
extraordinary circumstances beyond the control of the Department.
5.3
Dealer resale titles may also be dropped off at (or mailed to) the state or county
offices; dropped off dealer titles will be available for pickup within 5 Working
Days.
5.4
Dealer resale titles obtained through a Third Party Provider are not subject to the
timeframes referenced in this section 5.0.
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ontrol of the Department.
5.3
Dealer resale titles may also be dropped off at (or mailed to) the state or county
offices; dropped off dealer titles will be available for pickup within 5 Working
Days.
5.4
Dealer resale titles obtained through a Third Party Provider are not subject to the
timeframes referenced in this section 5.0.
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21
5.5
A dealer or wholesaler may request overnight mail service of a dealer resale
certificate of title. If overnight mail service is requested the dealer or wholesaler
must provide the state or county with a pre-paid return envelope. Otherwise, the
agency will mail any dealer resale certificate of title that is not picked up or
overnight mailed by first class mail to the dealer or wholesaler.
5.6
A dealer resale certificate of title that is not picked up by the dealer, wholesaler,
or Agent within 8 Working Days of submitting the application will be mailed to the
dealer or wholesaler. If mailing instructions are not provided to the state or county
with the application, the dealer resale certificate of title will be destroyed, and the
dealer or wholesaler will be required to apply for a duplicate title.
6.0
Duplicate Certificates of Title
6.1
Only licensed Colorado dealers or wholesalers may, at the Department's
discretion, obtain duplicate certificates of title directly from the Department.
6.2
A dealer or wholesaler may obtain a duplicate certificate of title for a vehicle that
has been “traded-in” to them, but the owner has lost, misplaced, or accidentally
destroyed the certificate of title.
6.3
The dealer or wholesaler must provide a power of attorney from the previous
owner and the vehicle must be in the dealer's or wholesaler’s possession before
an application for a duplicate certificate of title will be accepted.
6.4
A duplicate certificate of title showing an active recorded lien will not be provided
to a dealer or wholesaler
d, or accidentally
destroyed the certificate of title.
6.3
The dealer or wholesaler must provide a power of attorney from the previous
owner and the vehicle must be in the dealer's or wholesaler’s possession before
an application for a duplicate certificate of title will be accepted.
6.4
A duplicate certificate of title showing an active recorded lien will not be provided
to a dealer or wholesaler. If a proper lien release is submitted with a duplicate
certificate of title application, the satisfied lien will be removed from the vehicle
record and a duplicate certificate of title will be provided to the dealer or
wholesaler.
7.0
Payment
7.1
An application for a dealer resale certificate of title will not be processed until all
statutorily required fees are paid.
7.2
A check returned for insufficient funds will require any and all future payments by
that dealer or wholesaler to be made by cash or certified funds.
7.3
Refunds will be processed at the discretion of the Department.
8.0
Appeals
8.1
If a dealer or wholesaler has been denied issuance of a dealer resale certificate
of title or a duplicate title, the dealer or wholesaler may request a hearing, in
writing, within 60 days after the date of the notice of denial. Written hearing
requests shall be submitted to the Department of Revenue, Hearings Division.
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22
8.2
The hearing shall be held at the Department of Revenue, Hearings Division. The
presiding hearing officer shall be an authorized representative designated by the
Executive Director. The Department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
dealer or wholesaler requests his or her presence in writing. If the Department’s
representative is not present at the hearing, the hearing officer has the discretion
to consider any written documents and affidavits submitted by the Department.
RULE 9
irector. The Department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
dealer or wholesaler requests his or her presence in writing. If the Department’s
representative is not present at the hearing, the hearing officer has the discretion
to consider any written documents and affidavits submitted by the Department.
RULE 9.
DEPOT LICENSE PLATES
Basis: The statutory bases for this rule are sections 42-1-204, 42-3-116, and 42-3-301,
C.R.S.
Purpose: The following is promulgated to establish criteria for the issuance and use of
Depot License Plates.
1.0
Definitions
1.1
“Dealer” – means a Colorado licensed dealership as defined in Code of Colorado
Regulation 1 CCR 204-10 Rule 48. Colorado Dealer License Plates.
1.2
“Depot License Plate(s)” also referred to as “Depot Tags” – means a numbered
license plate issued by the Department that has the stacked “DPT” lettering on
the Colorado blue and white graphic license plate.
2.0
Requirements
2.1
A Dealer requesting Depot License Plates must complete and submit to the
Department form DR 2521 Depot Plate Application, together with a copy of the
Dealer’s license and required fees.
2.2
A Dealer can obtain one Depot License Plate per mechanic or service technician
employed by the Dealer. Upon application or renewal, the owner or authorized
representative of the Dealer must certify the number of mechanics or service
technicians currently employed by the Dealer.
2.3
Applications, issuance, renewals, and replacements may be conducted via mail
(including U.S. Postal Service, FedEx, UPS, DHL, etc.). The Dealer must provide
a self-addressed, postage-paid envelope for Depot License Plates if requesting
delivery by mail services. Depot License Plates cannot be mailed to a non-
Colorado address.
2.4
Use of Depot License Plates is limited to the purposes described in section 42-3-
116(4)(a), C.R.S.
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rvice, FedEx, UPS, DHL, etc.). The Dealer must provide
a self-addressed, postage-paid envelope for Depot License Plates if requesting
delivery by mail services. Depot License Plates cannot be mailed to a non-
Colorado address.
2.4
Use of Depot License Plates is limited to the purposes described in section 42-3-
116(4)(a), C.R.S.
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23
3.0
Lost or Stolen Depot License Plates
3.1
A Dealer must report lost or stolen Depot License Plates within seventy-two (72)
hours to the local law enforcement agency and to the Department using form DR
2283 Lost or Stolen License Plates/Permits Affidavit.
4.0
Surrender of Depot License Plates
4.1
A Dealer whose dealer license is suspended, denied, revoked, or expired, or
otherwise ceases to operate must surrender to the Department all Depot License
Plates in its possession within seventy-two (72) hours.
4.2
The Department will not refund any portion of the original fees paid when Depot
License Plates are surrendered.
RULE 10.
OBTAINING TITLE FOR A MOTOR VEHICLE ABANDONED AT A
MOTOR VEHICLE REPAIR FACILITY
Basis: The statutory bases for this rule are 38-20-116, 42-1-204, 42-6-102, 42-6-104,
42-6-115(3)(a), 42-6-116, 42-6-136, 42-6-136.5, 42-6-137, and 42-9-102, C.R.S.
Purpose: The purpose of this rule is to establish requirements for obtaining a Colorado
certificate of title for a motor vehicle that has been abandoned at a Motor Vehicle Repair
Facility.
1.0
Definitions
1.1
“Abandoned Motor Vehicle” for the purposes of this rule means the same as it is
defined in 38-20-116(2.5)(b), C.R.S.
1.2
“Last Good Faith Effort” for the purpose of this rule means notifying the vehicle
owner as required pursuant to 38-20-116(2), C.R.S.
1.3
“Motor Vehicle Repair Facility” means the same as it is defined in 42-9-102(3),
C.R.S.
1.4
“Work Day” for the purposes of this rule means Monday through Friday, excluding
Colorado State Government recognized holidays.
1.5
“Work Order” means the same as it is defined in 42-9-102(6), C.R.S
for the purpose of this rule means notifying the vehicle
owner as required pursuant to 38-20-116(2), C.R.S.
1.3
“Motor Vehicle Repair Facility” means the same as it is defined in 42-9-102(3),
C.R.S.
1.4
“Work Day” for the purposes of this rule means Monday through Friday, excluding
Colorado State Government recognized holidays.
1.5
“Work Order” means the same as it is defined in 42-9-102(6), C.R.S.
2.0
Requirements
2.1
A Motor Vehicle Repair Facility in possession of an Abandoned Motor Vehicle
may obtain a Colorado certificate of title in its name by completing the steps
below. The below steps are the recommended order of completion, the Motor
Vehicle Repair Facility may complete the steps in any order, but all steps must be
completed before the Motor Vehicle Repair Facility can obtain a Colorado
certificate of title in its name.
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24
a.
Complete a title record search pursuant to 38-20-116(2.5)(c)(III), C.R.S.
i.
If the Abandoned Motor Vehicle is a motor vehicle registered in
Colorado, submit form DR 2489A Motor Vehicle Record Requestor
Release And An Affidavit of Intended Use and attach thereto a copy
of the Work Order.
1.
A certified Vehicle Identification Number (VIN) inspection
may be submitted in lieu of a Work Order when the Work
Order is not available.
ii.
If the Abandoned Motor Vehicle is registered in another jurisdiction,
a title and lien search from the other jurisdiction is required. The
results of that search shall be submitted with the application for a
Colorado certificate of title.
b.
Notify the owner(s) and all lienholders in accordance with subsection 38-
20-116(2.5)(c)(IV), C.R.S.
c.
Complete a certified VIN inspection pursuant to 38-20-116(2.5)(c)(II)(A)
and (B), C.R.S. on form DR 2704 Colorado Certified VIN Inspection.
d.
Establish the retail fair market value of the Abandoned Motor Vehicle
pursuant to section 38-20-116(2.5)(c)(I), C.R.S.
e.
Purchase a surety bond pursuant to 42-6-115(3)(a) and 38-20-
116(2.5)(c)(V), C.R.S
ce with subsection 38-
20-116(2.5)(c)(IV), C.R.S.
c.
Complete a certified VIN inspection pursuant to 38-20-116(2.5)(c)(II)(A)
and (B), C.R.S. on form DR 2704 Colorado Certified VIN Inspection.
d.
Establish the retail fair market value of the Abandoned Motor Vehicle
pursuant to section 38-20-116(2.5)(c)(I), C.R.S.
e.
Purchase a surety bond pursuant to 42-6-115(3)(a) and 38-20-
116(2.5)(c)(V), C.R.S.
f.
Disclose current or previous salvage information.
i.
If the Colorado certificate of title record search indicates the
Abandoned Motor Vehicle is branded as salvage, the DR 2704
Colorado Certified VIN Inspection form must indicate that the
Abandoned Motor Vehicle is “Not Roadworthy”.
1.
If an Abandoned Motor Vehicle previously having a salvage
brand has been repaired to a roadworthy condition, the
Motor Vehicle Repair Facility may apply for a Colorado
rebuilt from salvage certificate of title by completing the
requirements listed in form DR 2415 Rebuilt Title Established
by Salvage Title Checklist and completing form DR 2424
Salvage Title Statement of Fact indicating what repairs were
made to the Abandoned Motor Vehicle to bring it to a
roadworthy condition as defined in section 42-6-102(15),
C.R.S.
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25
a.
After making repairs to bring the branded salvage
Abandoned Motor Vehicle to a roadworthy condition,
a new form DR 2704 Colorado Certified VIN
Inspection must be submitted with the application for
Colorado certificate of title.
2.
If the salvage branded Abandoned Motor Vehicle is not
repaired to a roadworthy condition, the Motor Vehicle Repair
Facility may apply for a salvage branded title using form DR
2410 Application for Salvage Title or Nonrepairable Title.
3
ehicle to a roadworthy condition,
a new form DR 2704 Colorado Certified VIN
Inspection must be submitted with the application for
Colorado certificate of title.
2.
If the salvage branded Abandoned Motor Vehicle is not
repaired to a roadworthy condition, the Motor Vehicle Repair
Facility may apply for a salvage branded title using form DR
2410 Application for Salvage Title or Nonrepairable Title.
3.
If the Colorado certificate of title record search indicates that
the Abandoned Motor Vehicle was branded as “Previous
Salvage (Rebuilt from Salvage)” and the form DR 2704
indicates that the Abandoned Motor Vehicle is roadworthy,
the Motor Vehicle Repair Facility must request a salvage
history on the Abandoned Motor Vehicle from the
Department.
a.
Upon determination of the reason for the vehicle
being branded salvage, the Motor Vehicle Repair
Facility must complete form DR 2710 Branded Title
Disclosure Statement.
b.
If the reason for the vehicle being branded salvage is
indeterminate, the Motor Vehicle Repair Facility must
complete form DR 2710 Branded Title Disclosure
Statement, marking the “Other” box on the form and
must write “Purchased as an abandoned vehicle,
unable to obtain a salvage history, reason for salvage
unknown” in the space provided to the right of the
“Other” box.
g.
Complete form DR 2438 Storage Lien Bond Statement Guide or form DR
2444 Statement of Fact, providing the information required pursuant to
section 38-20-116(c)(VI), C.R.S.
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e “Purchased as an abandoned vehicle,
unable to obtain a salvage history, reason for salvage
unknown” in the space provided to the right of the
“Other” box.
g.
Complete form DR 2438 Storage Lien Bond Statement Guide or form DR
2444 Statement of Fact, providing the information required pursuant to
section 38-20-116(c)(VI), C.R.S.
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26
2.2
After completion of all steps in paragraph 2.1 above, the Motor Vehicle Repair
Facility may apply for a Colorado certificate of title or salvage branded title. The
application and related forms must be filed in the name of the Motor Vehicle
Repair Facility, and in the county where the Motor Vehicle Repair Facility is
located. The County Clerk and Recorder will issue the Colorado certificate of title
in the Motor Vehicle Repair Facilities name using the previous title code of “BOS
REP” (Bill of Sale Repair Facility) and assess the appropriate fees pursuant to
42-6-137, C.R.S.
a.
An Abandoned Motor Vehicle with a retail fair market value of less than
$200.00 can be sold only for the purposes of junking, scrapping, or
dismantling. No certificate of title will be issued. The sale must be
executed in accordance with subsection 38-20-116(2.5)(c)(VII)(B), C.R.S.
2.3
After the Motor Vehicle Repair Facility has obtained a Colorado certificate of title
for the Abandoned Motor Vehicle, the vehicle must be sold in a commercially
reasonably manner pursuant to section 38-20-116(d)(I), C.R.S.
3.0
Agents Acting on Behalf of the Motor Vehicle Repair Facility
3.1
An agent may obtain title to an Abandoned Motor Vehicle in a Motor Vehicle
Repair Facility’s name upon presenting a Power of Attorney or Permission Letter
authorizing the agent to act on the Motor Vehicle Repair Facility’s behalf
vehicle must be sold in a commercially
reasonably manner pursuant to section 38-20-116(d)(I), C.R.S.
3.0
Agents Acting on Behalf of the Motor Vehicle Repair Facility
3.1
An agent may obtain title to an Abandoned Motor Vehicle in a Motor Vehicle
Repair Facility’s name upon presenting a Power of Attorney or Permission Letter
authorizing the agent to act on the Motor Vehicle Repair Facility’s behalf.
3.2
The Permission Letter listed in paragraph 3.1 must include the make, model,
model year, and VIN of the Abandoned Motor Vehicle; the business name,
address, and telephone number of the Motor Vehicle Repair Facility; and a
statement that “[Name of Motor Vehicle Repair Facility] hereby authorizes
[agent’s name] to act on my behalf in processing the title application for the
above-referenced motor vehicle.” The permission letter must be either (1) signed
under penalty of perjury or (2) notarized.
RULE 11.
EMERGENCY VEHICLE AUTHORIZATION
Basis: The statutory bases for this rule are 24-4-104, 24-4-105, 42-1-102(6), 42-1-204,
42-4-108(5), 42-4-213, and 42-4-238, C.R.S.
Purpose: The following rule is promulgated to establish the application, maintenance,
and revocation procedures for Authorized Emergency Vehicle designation for a privately
owned vehicle.
1.0
Definitions
1.1
“Applicant” means the owner and/or operator of a vehicle seeking designation of
that vehicle as an Authorized Emergency Vehicle.
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e: The following rule is promulgated to establish the application, maintenance,
and revocation procedures for Authorized Emergency Vehicle designation for a privately
owned vehicle.
1.0
Definitions
1.1
“Applicant” means the owner and/or operator of a vehicle seeking designation of
that vehicle as an Authorized Emergency Vehicle.
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27
1.2
“Approve” means certification from an Authorizer that an emergency vehicle
designation is necessary to the preservation of life or property or to the execution
of emergency governmental functions.
1.3
“Authorized Emergency Vehicle” means those vehicles so designated in 42-1-
102(6)(a) and (b), C.R.S.
1.4
“Authorizer” means a Chief of Police, Sheriff, Fire Chief, Commanders of the
Colorado State Patrol, a chief executive officer of an ambulance service, or their
designees. For purposes of privately owned tow trucks, “Authorizer” means the
Colorado Public Utilities Commission.
1.5
“Authorizing Agency” means a fire department, police department, ambulance
service or, for the purposes of privately owned tow trucks, “Authorizing Agency”
means the Colorado Public Utilities Commission.
1.6
“Emergency Vehicle Decal,” or often referred to as “Red Dot Sticker”, means the
window decal issued by the Department signifying that a vehicle has been
designated an Authorized Emergency Vehicle.
1.7
“Tow Truck” means the same as in subsection 40-10.1-101(21), C.R.S.
2.0
Application Requirements
2.1
An Applicant requesting designation of a vehicle as an Authorized Emergency
Vehicle must complete the Applicant Information section of the form DR 2490
Emergency Vehicle Authorization Application (“DR 2490”). The Applicant must
then submit the DR 2490 to the Authorizing Agency from which the Applicant
seeks certification that the Applicant’s vehicle is necessary to the preservation of
life or property or to the execution of emergency governmental functions
rized Emergency
Vehicle must complete the Applicant Information section of the form DR 2490
Emergency Vehicle Authorization Application (“DR 2490”). The Applicant must
then submit the DR 2490 to the Authorizing Agency from which the Applicant
seeks certification that the Applicant’s vehicle is necessary to the preservation of
life or property or to the execution of emergency governmental functions.
2.2
The Department will not designate a vehicle an Authorized Emergency Vehicle
unless the Department determines that the vehicle is necessary to the
preservation of life or property or to the execution of emergency governmental
functions.
2.3
An Authorizer and Applicant cannot be the same individual. An Authorizer who
applies for an Emergency Vehicle Authorization must obtain a certification from
another Authorizer within his or her Authorizing Agency or from a different
Authorizing Agency.
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2.4
If the Authorizing Agency deems that designation of the Applicant’s vehicle is
necessary to the preservation of life or property or to the execution of emergency
governmental functions, the Authorizer will complete the Authorization by Law
Enforcement, Fire Chief, Ambulance Service Director section of the DR 2490 and
submit the DR 2490 to the Department.
a.
For the purposes of privately owned tow trucks, the Colorado Public
Utilities Commission will complete the Authorization by Law Enforcement,
Fire Chief, Ambulance Service Director section of the DR 2490 and submit
the DR 2490 to the Department.
2.5
If the Authorizing Agency does not deem that designation of the Applicant’s
vehicle is necessary to the preservation of life or property or to the execution of
emergency governmental functions, the Authorizer will record this designation on
the DR 2490 and mail or deliver it to the Department. The Department will review
the designation and retain the DR 2490 pursuant to the Departments retention
schedule
Authorizing Agency does not deem that designation of the Applicant’s
vehicle is necessary to the preservation of life or property or to the execution of
emergency governmental functions, the Authorizer will record this designation on
the DR 2490 and mail or deliver it to the Department. The Department will review
the designation and retain the DR 2490 pursuant to the Departments retention
schedule.
2.6
The Authorizing Agency must mail or deliver the completed DR 2490 to the
Department. The Department will not accept an application unless submitted by
an Authorizing Agency.
2.7
If it determines that a designation is necessary to the preservation of life or
property or to the execution of emergency governmental functions, the
Department will designate the vehicle an Authorized Emergency Vehicle. The
Department will provide an Emergency Vehicle Decal and two copies of the
approved DR 2490 to the Authorizing Agency. To ensure protection of the public
and to preserve public safety, the Department will only provide the Emergency
Vehicle Decal and copies of the approved DR 2490 to the Authorizing Agency.
2.8
The Authorizing Agency will ensure that the Emergency Vehicle Decal is affixed
to the inside lower driver’s side corner of the front windshield of the Authorized
Emergency Vehicle listed on the corresponding DR 2490.
2.9
One copy of the approved DR 2490 must be kept in the Authorized Emergency
Vehicle at all times. The second copy of the approved DR 2490 must be retained
by the Authorizing Agency as long as the Authorized Emergency Vehicle
operates under the authority of the Authorizing Agency.
2.10 An Authorized Emergency Vehicle designation is valid the lesser of two (2) years
from the date the Department’s designation is issued or until the Department
revokes the designation. Renewal of the designation is not automatic; the
Authorizing Agency must complete, certify, and submit a new DR 2490 complying
with all the requirements of this Rule.
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ency Vehicle designation is valid the lesser of two (2) years
from the date the Department’s designation is issued or until the Department
revokes the designation. Renewal of the designation is not automatic; the
Authorizing Agency must complete, certify, and submit a new DR 2490 complying
with all the requirements of this Rule.
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29
2.11
An Authorizing Agency may request that the Department revoke an Authorized
Emergency Vehicle designation by completing and submitting to the Department
the Revocation Action Notification portion of a copy of the previously approved
DR 2490.
a.
The Department has the sole authority to revoke an Authorized
Emergency Vehicle designation.
b.
If the Department revokes the Authorized Emergency Vehicle designation.
The Authorizing Agency will ensure the Emergency Vehicle Decal is
removed from the vehicle.
3.0
Denial and Revocation of an Authorized Emergency Vehicle Designation
3.1
An Applicant whose application for an Authorized Emergency Vehicle designation
has been denied may request a hearing, in writing, within sixty days after a notice
of denial. Written hearing requests shall be submitted to the Department of
Revenue, Hearings Division.
3.2
An Authorizing Agency that has Approved an Applicant’s Authorized Emergency
Vehicle designation that is denied by the Department may request a hearing, in
writing, within sixty days, after a notice of denial. Written hearing request shall be
submitted to the Department of Revenue, hearing Division.
3.3
The Department may revoke an Authorized Emergency Vehicle designation as
provided in subsection 3.4 of this rule if the Department determines that the
Authorized Emergency Vehicle designation is no longer necessary to the
preservation of life or property or to the execution of emergency governmental
functions. An Applicant that has had his/her Authorized Emergency Vehicle
designation revoked may request a hearing, in writing, within sixty days after a
notice of revocation
vided in subsection 3.4 of this rule if the Department determines that the
Authorized Emergency Vehicle designation is no longer necessary to the
preservation of life or property or to the execution of emergency governmental
functions. An Applicant that has had his/her Authorized Emergency Vehicle
designation revoked may request a hearing, in writing, within sixty days after a
notice of revocation. Written hearing requests shall be submitted to the
Department of Revenue, Hearings Division.
3.4
An Authorizing Agency that has its request to revoke an Authorized Emergency
Vehicle designation denied by the Department may request a hearing, in writing,
within sixty days after a notice of revocation. Written hearing requests shall be
submitted to the Department of Revenue, Hearings Division.
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30
3.5
Any hearing conducted under this rule will be held at the Department of
Revenue, Hearings Division. The hearing officer will be an authorized
representative designated by the Executive Director. The Department’s
representative need not be present at the hearing unless his or her presence is
required by the presiding officer, or requested by the applicant, or requested by
the respondent in a revocation action. If the Department’s representative is not
present at the hearing, any written documents and affidavits submitted by the
Department may be considered at the discretion of the hearing officer.
3.6
All proceedings will be conducted in accordance with the State Administrative
Procedure Act, Article 4 of Title 24, C.R.S.
4.0
Privately Owned Tow Truck Authorization
4.1
Privately owned Tow Trucks must obtain emergency vehicle authorization from
the Colorado Public Utilities Commission. No other Authorizer or Authorizing
Agency may approve Tow Trucks as Authorized Emergency Vehicles.
RULE 12
3.6
All proceedings will be conducted in accordance with the State Administrative
Procedure Act, Article 4 of Title 24, C.R.S.
4.0
Privately Owned Tow Truck Authorization
4.1
Privately owned Tow Trucks must obtain emergency vehicle authorization from
the Colorado Public Utilities Commission. No other Authorizer or Authorizing
Agency may approve Tow Trucks as Authorized Emergency Vehicles.
RULE 12.
OBTAINING RECORDS FOR ABANDONED MOTOR VEHICLES
Basis: The statutory bases for this rule are 42-1-204, C.R.S., Part 18 of Article 4 of Title
42, and Part 21 of Article 4 of Title 42, C.R.S.
Purpose: The purpose of this rule is to provide procedures for obtaining records and
accessing the Department Website for Abandoned Motor Vehicles.
1.0
Definitions
1.1
“Abandoned Motor Vehicle” for the purpose of this rule includes an abandoned
motor vehicle on private property defined in section 42-4-2102(1), C.R.S., and/or
an abandoned motor vehicle on public property defined in section 42-4-1802(1),
C.R.S., as the context of the rule requires.
1.2
“Department Website” means the Colorado Department of Revenue, Title and
Registration Section website, https://dmvpartner.colorado.gov, for acquiring
ownership or lienholder information for abandoned vehicles.
1.3
“National Database” means an electronic system that allows the Department to
obtain the name and contact information or motor vehicle owners’ and
lienholders’ from the motor vehicle records of other states.
1.4
“Operator” has the same meaning as defined in sections 42-4-1802(7) and 42-4-
2102(5), C.R.S.
1.5
“Private Tow” means the removal of an Abandoned Motor Vehicle on private
property by an Operator pursuant to section 42-4-2103, C.R.S.
CODE OF COLORADO REGULATIONS
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ion or motor vehicle owners’ and
lienholders’ from the motor vehicle records of other states.
1.4
“Operator” has the same meaning as defined in sections 42-4-1802(7) and 42-4-
2102(5), C.R.S.
1.5
“Private Tow” means the removal of an Abandoned Motor Vehicle on private
property by an Operator pursuant to section 42-4-2103, C.R.S.
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31
1.6
“Public Tow” means the removal of an Abandoned Motor Vehicle on public
property in accordance with section 42-4-1803, C.R.S.
1.7
“Towing Law Enforcement Agency” means a law enforcement agency that is
authorized to perform a Public Tow under its own authority.
2.0
Operator and Towing Law Enforcement Agency Registration, Department
Website, and National Database
2.1
Operators and Towing Law Enforcement Agencies must be registered with the
Department in order to use the Department Website. To register, Operators and
Towing Law Enforcement Agency users must submit a signed end-user’s license
agreement (EULA) provided by the Department.
2.2
Operators and Towing Law Enforcement Agencies must renew their Department
Website registration annually, as directed on the Website.
2.3
An Operator must attempt to obtain the names and contact information of motor
vehicle owners’ and lienholders’ name and contact information by submitting a
DR 2489A Motor Vehicle Requestor Release Affidavit of Intended Use form with
payment to the Department, or by performing a record search through the
Department Website.
2.4
An Operator must establish a pre-paid account on the Department Website. The
cost to search the National Database will be deducted from funds in the account.
An Operator must maintain a sufficient balance on their account within the
Department Website in order to complete Colorado record searches
m with
payment to the Department, or by performing a record search through the
Department Website.
2.4
An Operator must establish a pre-paid account on the Department Website. The
cost to search the National Database will be deducted from funds in the account.
An Operator must maintain a sufficient balance on their account within the
Department Website in order to complete Colorado record searches.
2.5
An accurately completed DR 2008 Public Tow Vehicle Information Request form
and DR 2008A Private Tow Vehicle Information Request form submitted with a
title application that is filed upon sale of the motor vehicle constitutes prima facie
proof that the owner/lienholder notification and search requirements are satisfied.
2.6
The Department may cancel or suspend an Operator’s registration and access to
the Department Website pursuant to sections 42-4-1806(2)(b), 42-4-2105(2)(b),
C.R.S., and for any violation of Part 18 of Article 4 of Title 42 or Part 21 of Article
4 of Title 42, C.R.S., or this Rule, including but not limited to the following:
a.
The Operator’s permit to operate as a towing carrier has been suspended,
cancelled, or revoked by the Department of Regulatory Agencies, Public
Utilities Commission;
b.
The Operator obtains and uses records for any purpose not authorized by
this Rule or the Colorado Revised Statutes; or
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32
c.
The Operator fails to complete an EULA annually on the Department
Website.
3.0
Abandoned Motor Vehicle Record Search
3.1
A Colorado record search must be performed on all Abandoned Motor Vehicles,
regardless of whether the vehicle has Colorado license plates, by submitting a
DR 2489A Motor Vehicle Requestor Release Affidavit of Intended Use form or by
using the Department Website.
3.2
A National Database record search must be performed if:
a.
The Colorado record search results in “no record found”; or
b
d Search
3.1
A Colorado record search must be performed on all Abandoned Motor Vehicles,
regardless of whether the vehicle has Colorado license plates, by submitting a
DR 2489A Motor Vehicle Requestor Release Affidavit of Intended Use form or by
using the Department Website.
3.2
A National Database record search must be performed if:
a.
The Colorado record search results in “no record found”; or
b.
The Abandoned Motor Vehicle displays visual indicators that it is an out-of-
state motor vehicle (e.g., another state’s license plate or registration
number).
3.3
A National Database record search is performed by requesting a search through
the Department Website or, if an Operator requests a search in person or by
mail, by submitting a DR 2489A Motor Vehicle Requestor Release Affidavit of
Intended Use form with payment to the Department.
a.
If an Operator requests a search in person or by mail, it may request a
National Database and Colorado record search at the same time as long
as the Operator remits payment for both. If a motor vehicle record is
located through a Colorado search, the Department will not perform a
National Database search and will not refund the payment for the National
Database record search.
4.0
Operator Access to Department Website and Records Cancelled - Hearing
4.1
Access Cancelled Due to Department of Regulatory Agencies, Public Utilities
Commission Actions.
a.
The Department will cancel or suspend an Operator’s access to the
Department Website immediately upon receiving notice of a final decision
that the Operator’s towing carrier license issued by the Department of
Regulatory Agencies, Public Utilities Commission has been cancelled in
accordance with sections 24-4-104 and 24-4-105, C.R.S.
b.
An Operator whose access to the Department Website or records is
cancelled or suspended may request a hearing, in writing, within sixty
days after the date of notice of cancellation or suspension is issued.
Written hearing requests must be submitted to the Department of
Revenue, Hearings Division.
Utilities Commission has been cancelled in
accordance with sections 24-4-104 and 24-4-105, C.R.S.
b.
An Operator whose access to the Department Website or records is
cancelled or suspended may request a hearing, in writing, within sixty
days after the date of notice of cancellation or suspension is issued.
Written hearing requests must be submitted to the Department of
Revenue, Hearings Division.
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33
c.
The hearing will be held at the Department of Revenue, Hearings Division.
The presiding hearing officer shall be an authorized representative
designated by the Executive Director. The Department’s representative
need not be present at the hearing unless his or her presence is required
by the presiding officer, or requested by the Operator at the time the
written request for hearing is submitted. If the Department’s representative
is not present at the hearing, any written documents and affidavits
submitted by the Department may be considered at the discretion of the
hearing officer.
RULE 13.
[Repealed eff. 07/30/2017]
RULE 14.
ENFORCEMENT AND HEARING PROCEDURES [Recodified as 1 CCR
210-3 eff. 04/01/2015]
RULE 15.
[Repealed eff. 03/02/2017]
Rule 16.
GROUP SPECIAL LICENSE PLATES
Basis: The statutory bases for this rule are 42-1-102(41.5), 42-1-204, 42-3-207, 42-3-
208 and 42-3-301, C.R.S.
Purpose: The purpose of this rule is to establish criteria for the application,
responsibilities, and processes for group special license plates.
1.0
Definitions
1.1
“Approval Notification” means written notification by the Executive Director of the
Department of Revenue to a Nonprofit confirming that the Nonprofit has complied
with the statutory and regulatory requirements necessary to seek legislative
action to authorize a new group special license plate
or the application,
responsibilities, and processes for group special license plates.
1.0
Definitions
1.1
“Approval Notification” means written notification by the Executive Director of the
Department of Revenue to a Nonprofit confirming that the Nonprofit has complied
with the statutory and regulatory requirements necessary to seek legislative
action to authorize a new group special license plate.
1.2
“Certificate” for the purpose of this rule means a Department approved-letter,
voucher, or other document issued by a Nonprofit to a person as evidence that
the person is qualified to receive a group special license plate. A Certificate may
be in electronic or digital format instead of paper, if approved by the Department.
1.3
“Group Special License Plate Created through Rule” means the Air Force
Commemorative, Columbine, Firefighters, Greyhound Lovers, Pioneer, and
Raptor Education Foundation license plates.
1.4
“Group Special License Plate Created through Statute” means a group special
license plate created on or after January 1, 2001 through its authorizing
legislation.
1.5
“Nonprofit” means an entity that is a section 501(c)(3) corporation under the
Internal Revenue Code or an entity holding charitable nonprofit status with the
Colorado Secretary of State.
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34
1.6
“Pre-Certification Qualifier” means a condition(s) that must be met in order to
qualify for issuance of a group special license plate by the Department.
1.7
“Registered” for the purpose of this rule means a vehicle with an unexpired
registration as provided in sections 42-3-102 and 42-3-114, C.R.S., that is
currently issued the group special license plate, unless the context otherwise
requires.
1.8
“Retire” or “Retirement” means the discontinuation of the production of the group
special license plate.
1.9
“Secure and Verifiable Identification” means an identification document listed on
form DR 2841 Secure and Verifiable ID
ed
registration as provided in sections 42-3-102 and 42-3-114, C.R.S., that is
currently issued the group special license plate, unless the context otherwise
requires.
1.8
“Retire” or “Retirement” means the discontinuation of the production of the group
special license plate.
1.9
“Secure and Verifiable Identification” means an identification document listed on
form DR 2841 Secure and Verifiable ID.
2.0
Application for Approval to Seek Creation of Group Special License Plates
2.1
Any Nonprofit may apply for an Approval Notification authorizing the Nonprofit to
seek legislation to create a group special license plate.
2.2
A Nonprofit that has satisfied all statutory and regulatory requirements for
proposing the creation of a group special license plate must apply using an
application supplied by the Department to the Vehicle Services Section, Division
of Motor Vehicles. Incomplete applications will not be accepted or retained.
a.
Applications must be signed by the Nonprofit’s designated representative.
In addition to the signed application, the Nonprofit must submit:
1.
Petition sheets with the names, addresses of residence, date
signed, and signatures of at least three thousand (3,000) Colorado
registered vehicle owners who have committed to purchase the
proposed group special license plate. Petition sheets must be
submitted in either paper, electronic, or digital format, as required
by the Department. Petitions are not transferable between
applications for different group special license plates. Petition
signatures are valid for two years from the date signed prior to
being submitted with the application to the Department. Petition
sheets are valid for two consecutive legislative sessions from the
date submitted with the application to the Department. At the sole
discretion of the Department, a nonprofit may be granted additional
time that petitions are valid.
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Division of Motor Vehicles
rs from the date signed prior to
being submitted with the application to the Department. Petition
sheets are valid for two consecutive legislative sessions from the
date submitted with the application to the Department. At the sole
discretion of the Department, a nonprofit may be granted additional
time that petitions are valid.
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35
A.
With prior approval of the Department, a Nonprofit may use
electronic or digital methods to obtain commitments to
purchase the group special license plate. A Nonprofit
requesting electronic or digital methods must submit a plan
on how these methods will be used to obtain commitments
including, but not limited to: how the methods would show
that commitments meet the requirements of Colorado
Revised Statutes and this Rule; how the methods will protect
personal identifying information; and include samples or
actual electronic or digital methods sites (i.e., websites,
emails etc.). Electronic or digital signatures obtained prior to
the Department’s approval are invalid and will not be
counted toward the 3,000-signature requirement.
B.
Electronic or digital methods may include, but are not limited
to, web petitions or electronic mail.
2.
Proof of Nonprofit status by submitting a current letter from the
Internal Revenue Service confirming section 501(c)(3) status or a
document from the Colorado Secretary of State confirming the
Nonprofit is holding charitable nonprofit status.
3.
A sample Certificate (paper, electronic, or digital) with a written
description of security features (serialization, watermarks,
holograms, etc.) incorporated into the Certificate. The Nonprofit
must provide a sample Certificate to the Department for approval
before the Nonprofit can issue Certificates to qualified individuals. A
Nonprofit may not issue a Certificate prior to the effective date of
the enabling legislation
er, electronic, or digital) with a written
description of security features (serialization, watermarks,
holograms, etc.) incorporated into the Certificate. The Nonprofit
must provide a sample Certificate to the Department for approval
before the Nonprofit can issue Certificates to qualified individuals. A
Nonprofit may not issue a Certificate prior to the effective date of
the enabling legislation. An individual’s name on a Certificate must
be identical to that listed on the individual’s Secure and Verifiable
Identification. Certificates are not transferable and are valid for
issuance and registration of one set (single if a motorcycle) of
group special license plates. The Department will destroy the
Certificate upon issuing the group special license plate. The
Certificate must contain an area in which the Nonprofit may place a
Department system generated serial number/PIN.
4.
Proof that the Nonprofit has the legal right to use all logos, designs,
colors and other intellectual property in the proposed design of the
group special license plate.
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36
5.
Proof that payment for the design was submitted by check or
money order directly to Colorado Correctional Industries. The
design fee becomes non-refundable upon the receipt of the
Approval Notification from the Department.
6.
A list of Pre-Certification Qualifiers required by the Nonprofit. If
there are no Pre-Certification Qualifiers, the Nonprofit must provide
a written statement that the Nonprofit will not require Pre-
Certification Qualifiers for persons to be issued the group special
license plate.
A.
If a monetary donation is required, the Nonprofit must
provide a document that demonstrates that the use of those
funds meets statutory and regulatory requirements.
2.3
Upon receipt of the Approval Notification, the Nonprofit is solely responsible for
obtaining a bill sponsor to propose legislation
t require Pre-
Certification Qualifiers for persons to be issued the group special
license plate.
A.
If a monetary donation is required, the Nonprofit must
provide a document that demonstrates that the use of those
funds meets statutory and regulatory requirements.
2.3
Upon receipt of the Approval Notification, the Nonprofit is solely responsible for
obtaining a bill sponsor to propose legislation. The Department will retain the
application for two consecutive legislative sessions from the date of the Approval
Notification.
a.
If the Nonprofit fails to obtain a bill sponsor within two years of issuance of
the Approval Notification, and it desires to continue to seek creation of the
group special license plate, the Nonprofit must re-apply, submit a new
application, documents and petition signatures, and meet all statutory and
regulatory requirements in effect at that time. Applications, documents,
and other materials previously submitted to satisfy the application
requirements are not transferable to the new application.
3.0
Enacted Group Special License Plates Responsibilities and Processes
3.1
A group special license plate must be designed within the parameters
established by the Department. The Department may deny any design violating
such parameters.
a.
A group special license plate design shall not include a logo or other
image copyrighted, trademarked, registered, or otherwise commonly
associated with a for-profit entity, whether or not the Nonprofit is a division
of or otherwise associated with the for-profit entity. Use of symbols not
subject to trademark, copyright, or other legal protection may be approved
if such use does not violate the parameters established by the
Department. The Department shall have final approval authority on all logo
designs and placement on the group special license plate.
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e associated with the for-profit entity. Use of symbols not
subject to trademark, copyright, or other legal protection may be approved
if such use does not violate the parameters established by the
Department. The Department shall have final approval authority on all logo
designs and placement on the group special license plate.
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37
b.
Design change requests after the design has been approved must be
submitted in writing to the Department by the Nonprofit. The Department
may require supporting documentation, including, but not limited to,
issuance trends, current inventory levels, and costs associated with
changes. If the change request is approved, the Nonprofit shall prepay all
design costs directly to Colorado Department of Corrections Division of
Correctional Industries prior to production of the new design. Design
changes are effective upon approval by the Department. If approval is
granted while existing inventory is available and the Nonprofit requests
that the new plates be issued prior to the sale of such inventory, the
Nonprofit shall pay all costs associated with the recall, collection, and
destruction of existing inventory. Registered vehicle owners may continue
to use their current group special license plate regardless of any
subsequent design change, provided such plate will not be replaced if the
inventory is destroyed, exhausted, or the Department has determined not
to issue additional plates.
3.2.
Upon completion of the proposed group special license plate design, the
Nonprofit will receive one sample of the approved plate design. Sample plates
used in the design approval process are the property of the Department. The
Nonprofit may request up to five samples for marketing and display purposes
upon payment of material fees for each sample plate, as established in section
42-3-301, C.R.S
.2.
Upon completion of the proposed group special license plate design, the
Nonprofit will receive one sample of the approved plate design. Sample plates
used in the design approval process are the property of the Department. The
Nonprofit may request up to five samples for marketing and display purposes
upon payment of material fees for each sample plate, as established in section
42-3-301, C.R.S. Sample plates will be produced using the standard passenger
size license plate with the standard sample plate numbers assigned by the
Department. Requests for non-standard sample plate numbers will not be
accepted. The Department must be given at least one business day in advance
notice from the Nonprofit of all news releases, interviews, or mass
communications that reference the group special license plate.
3.3
Group special license plates are produced through a print on demand process,
which does not require pre-stocking of inventory. However, the Department may
utilize methods other than print on demand if the Department deems it
appropriate.
3.4
The Department will not distribute thank you notes, requests for contributions, or
other materials on behalf of the Nonprofit.
3.5
The Nonprofit must continuously maintain its Nonprofit status. A letter from the
Internal Revenue Service confirming section 501(c)(3) status or a document from
the Colorado Secretary of State’s Office confirming that the Nonprofit is holding
charitable nonprofit status must be submitted to the Department annually on or
before June 1st.
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rofit must continuously maintain its Nonprofit status. A letter from the
Internal Revenue Service confirming section 501(c)(3) status or a document from
the Colorado Secretary of State’s Office confirming that the Nonprofit is holding
charitable nonprofit status must be submitted to the Department annually on or
before June 1st.
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38
a.
If at any time it is determined that an entity no longer has Nonprofit status,
the group special license plate will be Retired pursuant to Code of
Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
Upon Retirement, the entity must cease seeking any donation authorized
pursuant to its respective authorizing statute, and must cease to associate
itself in any way with the group special license plate.
3.6
If a Nonprofit has Pre-Certification Qualifiers, it may enter into systems
maintained by the Department information for each individual who has been
approved for the receipt of a group special license plate and, for each, record the
system generated serial number/PIN on the Certificate. If the Nonprofit enters the
system generated serial number/PIN on the Certificate, the Department may use
the serial number/PIN to authenticate the Certificate.
3.7
The Nonprofit must notify the Department in writing if its authority regarding the
group special license plate is transferred to a successor Nonprofit, as provided in
the group special license plate’s respective authorizing statute. The successor
Nonprofit must meet all statutory and regulatory requirements.
3.8
A Nonprofit may request changes to its Certificate. Requests must be submitted
in writing, and any change must be approved by the Department before the
Nonprofit can issue the new Certificate. Any changes must meet the
requirements of this rule. Upon approval, the Department will work with the
Nonprofit to establish an effective date upon which the Non-Profit may begin to
issue the new Certificate
A Nonprofit may request changes to its Certificate. Requests must be submitted
in writing, and any change must be approved by the Department before the
Nonprofit can issue the new Certificate. Any changes must meet the
requirements of this rule. Upon approval, the Department will work with the
Nonprofit to establish an effective date upon which the Non-Profit may begin to
issue the new Certificate. After the effective date of the new Certificate, only a
new Certificate will be accepted by the Department; provided, however, that the
Department will accept an old Certificate if it was issued by the Nonprofit prior to
the effective date of the new Certificate.
3.9
If a group special license plate’s respective authorizing statute provides that the
Department “may” stop issuing the group special license plate if the group
special license plate has not met the minimum issuance requirement, the
Department may Retire the group special license plate or may continue to issue
the plate until the existing inventory is exhausted. If the Department elects to
Retire the group special license plate, the plate will be Retired pursuant to
subsection 3.12 of this rule and Code of Colorado Regulations 1 CCR 204-10
Rule 20. License Plate Retirement.
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39
3.10 If a group special license plate’s respective authorizing statute provides that the
Department “shall” retire the plate if the plate has not met its minimum issuance
requirement as provided in that statute, then the group special license plate will
be Retired pursuant to the group special license plate’s respective authorizing
statute and Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate
Retirement.
3.11
The Department may audit the Nonprofit associated with a group special license
plate. The audit may include, but is not limited to, accounting, financial, tax, and
Pre-Certification Qualifiers.
a
oup special license plate will
be Retired pursuant to the group special license plate’s respective authorizing
statute and Code of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate
Retirement.
3.11
The Department may audit the Nonprofit associated with a group special license
plate. The audit may include, but is not limited to, accounting, financial, tax, and
Pre-Certification Qualifiers.
a.
If the Department determines that the Nonprofit has violated its respective
authorizing statute, or no longer qualifies as a Nonprofit under this rule,
the Department may require additional information or at the Department’s
discretion may Retire the group special license plate pursuant to Code of
Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
b.
If the Department requires additional information, and such information is
not provided or does not change the Department’s determination that the
Nonprofit has violated its respective authorizing statute, or that the
Nonprofit no longer qualifies as a Nonprofit under this rule, the
Department may Retire the group special license plate pursuant to Code
of Colorado Regulations 1 CCR 204-10 Rule 20. License Plate
Retirement.
c.
Upon Retirement, the Nonprofit must cease seeking any donation
authorized pursuant to the group special license plate’s respective
authorizing statute.
3.12 If the Department Retires a group special license plate:
a.
The Department will immediately cease producing the group special
license plate and may stop issuing the plate prior to exhausting the plate’s
inventory.
b.
The Department will provide written notice of Retirement, via certified mail,
to the Nonprofit associated with the group special license plate. This
notice will be mailed to the last address provided by the Nonprofit in
writing to the Department. This notice shall also act as official notice that
the Nonprofit can no longer associate itself with the group special license
plate. Upon receipt of the Retirement notice, the Nonprofit must:
1
e of Retirement, via certified mail,
to the Nonprofit associated with the group special license plate. This
notice will be mailed to the last address provided by the Nonprofit in
writing to the Department. This notice shall also act as official notice that
the Nonprofit can no longer associate itself with the group special license
plate. Upon receipt of the Retirement notice, the Nonprofit must:
1.
Immediately cease collecting donations and issuing Certificates.
CODE OF COLORADO REGULATIONS
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40
2.
Within 72 hours, remove any reference to the Nonprofit’s Pre-
Certification Qualifier, if applicable, for the group special license
plate from the Nonprofit’s website, newsprint, or other publicly
accessible media.
c.
A person whose vehicle is Registered with a Retired group special license
plate may continue to register with the group special license plate so long
as the license plate is not damaged, lost, or stolen. The Department will
not replace a Retired group special license plate if the inventory is
destroyed, exhausted, or the Department has determined not to issue
additional plates.
3.13 Nonprofits associated with Group Special License Plates Created through Rule
must meet the requirements of this rule except as otherwise provided herein
and/or pursuant to a contract between the Nonprofit and the Department that
establishes requirements that differ from this rule.
3.14 A Nonprofit associated with a Group Special License Plate Created through
Statute must meet the requirements of its respective authorizing statute and this
rule.
3.15 An Approval Notification issued by the Department does not constitute an
agreement to create the proposed group special license plate nor support
legislation that would create the proposed group special license plate. The
Department will designate a Nonprofit as directed in the enacting legislation
through
Statute must meet the requirements of its respective authorizing statute and this
rule.
3.15 An Approval Notification issued by the Department does not constitute an
agreement to create the proposed group special license plate nor support
legislation that would create the proposed group special license plate. The
Department will designate a Nonprofit as directed in the enacting legislation.
4.0
Denial and Retirement Appeals
4.1
If a Nonprofit’s application for a group special license plate has been denied, it
may request a hearing, in writing, within 60 days after the date of the notice of
denial. Written hearing requests shall be submitted to the Department of
Revenue Hearings Section.
4.2
The hearing shall be held at the Department of Revenue, Hearing Section. The
presiding hearing officer shall be an authorized representative designated by the
Executive Director. The Department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
Sponsoring Organization requests his or her presence in writing. If the
Department’s representative is not present at the hearing, the hearing officer has
the discretion to consider any written documents and affidavits submitted by the
Department.
4.3
A group special license plate will be Retired pursuant to Code of Colorado
Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
CODE OF COLORADO REGULATIONS
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Division of Motor Vehicles
writing. If the
Department’s representative is not present at the hearing, the hearing officer has
the discretion to consider any written documents and affidavits submitted by the
Department.
4.3
A group special license plate will be Retired pursuant to Code of Colorado
Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
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1 CCR 204-10
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41
RULE 17.
HORSELESS CARRIAGE
Basis The statutory bases for this rule are 42-1-204 and 42-12-301, C.R.S.
Purpose: The purpose of this rule is to establish criteria for the application for a
horseless carriage registration.
1.0
Requirements
1.1
In accordance with 42-12-301(3), C.R.S., the department shall register horseless
carriage vehicles and issue horseless carriage license plates every five years for
a period not exceeding five years; all horseless carriage registrations and license
plates shall expire on the same date regardless of the date of issue. For
example, any horseless carriage application received and processed between
December 2019 through December 2024, regardless of the date within this
period, will be issued a 2024 year validation tab and be required to renew the
registration in November 2024. Collection of fees and specific ownership tax will
be based on the number of years remaining within that five year period at the
time of application for horseless carriage registration.
a.
Horseless carriage set five year registration periods are as follows:
1.
January 2015 – December 2019
2.
January 2020 – December 2024
3.
January 2025 – December 2030
1.2
An owner desiring a horseless carriage license plate for a qualified motor vehicle
must submit form DR 2905 Horseless Carriage Plates Application to the
department.
1.3
A vehicle registered with a horseless carriage license plate will be issued only
one plate, which must be displayed on the rear of the vehicle. No other license
plate may be affixed to the vehicle while the horseless carriage license plate is
displayed
orseless carriage license plate for a qualified motor vehicle
must submit form DR 2905 Horseless Carriage Plates Application to the
department.
1.3
A vehicle registered with a horseless carriage license plate will be issued only
one plate, which must be displayed on the rear of the vehicle. No other license
plate may be affixed to the vehicle while the horseless carriage license plate is
displayed.
1.4
A lost or stolen horseless carriage license plate shall be reported within seventy-
two (72) hours to the local law enforcement agency and to the department using
form DR 2283 Affidavit for Lost or Stolen License Plates/Permits.
1.5
In accordance with 42-12-301(6), C.R.S., upon the sale or transfer of a motor
vehicle registered with a horseless carriage license plate, the license plate will
remain with the vehicle and be transferred to the new owner. The new owner
shall title the vehicle to establish ownership.
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42
2.0
Appeals
2.1
If a person has been denied a horseless carriage registration, the person may
request a hearing, in writing, within 60 days after the date of notice of denial.
Written hearing requests shall be submitted to the Department of Revenue,
Hearings Division.
2.2
The hearing shall be held at the Department of Revenue, Hearings Division. The
presiding hearing officer shall be an authorized representative designated by the
Executive Director. The department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
person requesting the hearing requests his or her presence in writing. If the
department’s representative is not present at the hearing, the hearing officer has
the discretion to consider any written documents and affidavits submitted by the
department.
RULE 18
he department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
person requesting the hearing requests his or her presence in writing. If the
department’s representative is not present at the hearing, the hearing officer has
the discretion to consider any written documents and affidavits submitted by the
department.
RULE 18.
SATISFACTORY EVIDENCE OF VEHICLE OWNERSHIP
Basis: The statutory bases for this regulation are sections 42-1-204, 42-6-104, 42-6-
106, 42-6-107, 42-6-109, 42-6-110, 42-6-113, 42-6-114, 42-6-115, and 42-6-119, C.R.S.
Purpose: The following rule is promulgated to establish the process for proving vehicle
ownership for the purpose of issuing a Colorado certificate of title.
1.0
Definitions
1.1
“Registration” means a vehicle registration card or other document that
demonstrates the vehicle has been registered in the applicant’s name.
1.2
“Foreign Jurisdiction” means any state, other than the State of Colorado, or any
country other than the United States, or sovereign nation.
1.3
“Purged Colorado Record” means a record that is no longer active or accessible
in motor vehicle system.
1.4
“Suspense Title” means the issuance of a Colorado registration to a vehicle titled
in a Foreign Jurisdiction when the vehicle cannot be titled in Colorado.
2.0
Satisfactory Evidence of Vehicle Ownership
2.1
The Department may accept the following documents as evidence of vehicle
ownership:
a.
A certificate of title issued by the State of Colorado or a Foreign
Jurisdiction that has been properly transferred.
CODE OF COLORADO REGULATIONS
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ed
in a Foreign Jurisdiction when the vehicle cannot be titled in Colorado.
2.0
Satisfactory Evidence of Vehicle Ownership
2.1
The Department may accept the following documents as evidence of vehicle
ownership:
a.
A certificate of title issued by the State of Colorado or a Foreign
Jurisdiction that has been properly transferred.
CODE OF COLORADO REGULATIONS
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43
1.
A copy or electronic printout of a title from a Foreign Jurisdiction is
satisfactory for a Suspense Title transaction when the title is held
by a lien holder.
2.
A Registration issued by a Foreign Jurisdiction that has issued a
title and the title is held by a lien holder.
b.
A Registration for the vehicle listing the applicant’s name if issued by a
Foreign Jurisdiction that does not issue a title for that vehicle type;
c.
A bill of sale for a vehicle not previously required to be titled or registered
in the State of Colorado;
d.
A bill of sale from a Foreign Jurisdiction if that jurisdiction does not issue a
title for or register that vehicle type;
e.
A bill of sale that notates “parts only” if applying for a Colorado
nonrepairable title;
f.
A Registration issued by the U.S. Armed Services;
g.
A copy of a court order describing the vehicle by year, make, and Vehicle
Identification Number (VIN), and directing the Department to issue a
Colorado certificate of title to the applicant, or a judgment for possession
obtained through a civil proceeding;
h.
A completed DR 2409 Statement of Assembly of Homemade Trailer and
Assignment of Trailer I.D. Number if the trailer is a homemade vehicle as
defined in section 42-5-201(4), C.R.S.;
i.
A Colorado Parks and Wildlife Registration for an off-highway vehicle.
j.
Other evidence deemed by the Department to be satisfactory evidence of
vehicle ownership
for possession
obtained through a civil proceeding;
h.
A completed DR 2409 Statement of Assembly of Homemade Trailer and
Assignment of Trailer I.D. Number if the trailer is a homemade vehicle as
defined in section 42-5-201(4), C.R.S.;
i.
A Colorado Parks and Wildlife Registration for an off-highway vehicle.
j.
Other evidence deemed by the Department to be satisfactory evidence of
vehicle ownership.
2.2
If an applicant does not have the Colorado certificate of title and the Colorado
record has been purged, any of the following documents listing the applicant’s
name, submitted together with a completed DR 2116 Motor Vehicle Bill of Sale
For a Purged Colorado Record, may be considered satisfactory evidence of proof
of vehicle ownership:
a.
Colorado Registration;
b.
Colorado Registration renewal card;
c.
Photocopy of the Colorado certificate of title;
d.
A copy of the Colorado motor vehicle record; or
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44
e.
Other documentation deemed by the Department to be satisfactory
evidence of vehicle ownership.
2.3
Any document provided as evidence of vehicle ownership must include the
vehicle’s VIN, model year, make, and the applicant’s name listed as the owner,
buyer, or transferee.
2.4
The Department will not accept documents that do not contain all elements that
may be required to prove authenticity (e.g., certification, notary, acceptable
transfers, assignments, etc…).
2.5
An applicant who cannot provide satisfactory evidence of vehicle ownership
documents must satisfy all requirements as required in section 42-6-115, C.R.S.,
and Code of Colorado Regulation 1 CCR 204-10. Rule 19. Bonding for Colorado
Certificate of Title.
3.0
Appeals
3.1
If an applicant’s documents have been denied as unsatisfactory evidence of
vehicle ownership, the applicant may request a hearing, in writing, within 60 days
after a notice of denial is issued. Written hearing requests shall be submitted to
the Department of Revenue, Hearings Section
,
and Code of Colorado Regulation 1 CCR 204-10. Rule 19. Bonding for Colorado
Certificate of Title.
3.0
Appeals
3.1
If an applicant’s documents have been denied as unsatisfactory evidence of
vehicle ownership, the applicant may request a hearing, in writing, within 60 days
after a notice of denial is issued. Written hearing requests shall be submitted to
the Department of Revenue, Hearings Section.
3.2
The hearing shall be held at the Department of Revenue, Hearing Section. The
presiding hearing officer, designated by the Executive Director, shall conduct the
hearing pursuant to the State Administrative Procedures Act, section 24-4-105,
C.R.S. The Department’s representative need not be present at the hearing
unless the presiding hearing officer requires his or her presence or the applicant
requests his or her presence in writing. If the Department’s representative is not
present at the hearing, the hearing officer has the discretion to consider any
written documents and affidavits submitted by the Department.
RULE 19.
BONDING FOR COLORADO CERTIFICATE OF TITLE
Basis: The statutory bases for this rule are 42-6-104, 42-6-107(1)(b), 42-6-115, 42-6-
116, and 42-6-117, C.R.S.
Purpose: The purpose of this rule is to clarify documents required and processes for
bonding for a Colorado certificate of title when satisfactory evidence of vehicle proof of
ownership cannot be provided by an applicant.
1.0
Definitions
1.1
“Certified VIN Inspection” means a vehicle identification number (VIN) inspection
conducted by a Peace Officers Standards and Training (P.O.S.T.) certified
inspector completed on forms provided by the Department.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
itle when satisfactory evidence of vehicle proof of
ownership cannot be provided by an applicant.
1.0
Definitions
1.1
“Certified VIN Inspection” means a vehicle identification number (VIN) inspection
conducted by a Peace Officers Standards and Training (P.O.S.T.) certified
inspector completed on forms provided by the Department.
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45
1.2
“Secure Form” means a form produced through a secure printing process or
other secure process which deters counterfeiting and/or unauthorized
reproduction and allows alterations to be visible to the naked eye.
2.0
Bonding for Title
2.1
An applicant that is unable to provide satisfactory evidence of proof of ownership
of a vehicle pursuant to Code of Colorado Regulation 1 CCR 204-10 Rule 18,
Satisfactory Evidence Of Vehicle Ownership, shall be required to perform the
bonding for title requirements listed in 42-6-115, C.R.S., in order to obtain a
Colorado certificate of title.
2.2
A Colorado certificate of title will be issued upon successful completion of the
requirements listed in 42-6-115, C.R.S., and this rule. The applicant must:
a.
Provide a Certified VIN Inspection. The Certified VIN Inspection must not
be over one year old at the time of bonding for title application.
b.
Obtain and provide a title record search. The title record search may not
be older than one-year from the date of bonding for title application; and
i.
Vehicles titled and registered in the State of Colorado must have a
Colorado title record search completed using form DR2489A Motor
Vehicle Requestor Release Affidavit Of Intended Use or via the
myDMV “Request Vehicle Record/Title History Search” transaction
option.
ii.
If no Colorado record is found, a national title and lien record
search must be completed.
c.
Provide proof of an attempt to contact all owner(s) and lienholder(s)
identified on the title record search(es) through certified or registered mail.
The proof of attempted contact must include the following:
i
nded Use or via the
myDMV “Request Vehicle Record/Title History Search” transaction
option.
ii.
If no Colorado record is found, a national title and lien record
search must be completed.
c.
Provide proof of an attempt to contact all owner(s) and lienholder(s)
identified on the title record search(es) through certified or registered mail.
The proof of attempted contact must include the following:
i.
A copy of the letter sent to all owner(s) and lienholder(s). The letter
must contain:
1.
The vehicle year, make, and VIN;
2.
The applicant’s intent (e.g., retain the vehicle, sell the
vehicle); and
3.
The applicant’s contact information.
4.
The letter to the lienholder shall also include:
A)
The date of the lien(s);
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46
B)
The amount secured by the vehicle; and
C)
Where the liens are of public record.
ii.
One of the following documents demonstrating mailing of the letter
with the U.S. Postal Service or other commercial mailing entity
(e.g., FedEx, UPS, DHL):
1.
Certified receipt; or
2.
Domestic Return Receipt – U.S. Postal Form PS 3811; or
3.
Undeliverable notification; or
4.
Electronic proof of delivery.
d.
Provide a lien release for all active liens indicated on the title record
search(es). Lien releases must be on the lienholder’s letterhead, unless
the lienholder is an individual, and must include the vehicle year, make,
VIN, titled owner’s name(s), agent’s signature, date of lien release, and
must be notarized or signed under penalty of perjury in the second degree
as defined in 18-8-503, C.R.S. The lien release must be a signed original
or signed duplicate of the mortgage or copy thereof, certified by the holder
of the mortgage or the holder’s agent to be a true copy of the signed
original mortgage.
i
ear, make,
VIN, titled owner’s name(s), agent’s signature, date of lien release, and
must be notarized or signed under penalty of perjury in the second degree
as defined in 18-8-503, C.R.S. The lien release must be a signed original
or signed duplicate of the mortgage or copy thereof, certified by the holder
of the mortgage or the holder’s agent to be a true copy of the signed
original mortgage.
i.
If an attempt is made to secure a lien release and the lienholder is
not available or has failed to respond, the applicant must provide
one of the following documents demonstrating mailing the letter to
the lienholder’s last known address with the U.S. Postal Service or
other commercial mailing entity (e.g., FedEx, UPS, DHL):
1.
Certified receipt; or
2.
Domestic Return Receipt – U.S. Postal Form PS 3811; or
3.
Undeliverable notification.
e.
Provide the reasonable appraised value of the vehicle pursuant to 42-6-
115(3)(a), C.R.S. The appraisal must be for the current condition of the
vehicle at the time of bonding for title application. The appraisal must
describe the vehicle by the VIN, year, and make, and must be established
as listed by one of the following:
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47
i.
An appraisal from a Colorado licensed motor vehicle dealer or used
motor vehicle dealer that is signed by the dealer, dated, and states
the dealership’s license number. If the appraisal is not on the
dealer’s letterhead, the appraisal must be notarized and signed
under penalty of perjury,; or
ii.
A current value obtained from Kelley Blue Book. When using the
current value from the Kelley Blue Book, the form DR 2444
Statement of Fact is also required stating that the applicant desires
to use the amount listed as the current retail market value. The
applicant must circle or mark that amount on the Kelley Blue Book
printout; or
iii.
A Current value from the National Automobile Dealers Association
(N.A.D.A.) Official Used Car Guide
ue Book. When using the
current value from the Kelley Blue Book, the form DR 2444
Statement of Fact is also required stating that the applicant desires
to use the amount listed as the current retail market value. The
applicant must circle or mark that amount on the Kelley Blue Book
printout; or
iii.
A Current value from the National Automobile Dealers Association
(N.A.D.A.) Official Used Car Guide. When using the current value
from NADA, the form DR 2444 Statement of Fact is also required
stating that the applicant desires to use the amount listed as the
current retail market value. The applicant must circle or mark that
amount on the NADA printout.
f.
Provide proof of a surety bond for twice the appraised value shown on the
appraisal, unless exempted pursuant to 42-6-115(3)(b), C.R.S.
2.3
If the vehicle record search(es) completed in paragraph 2.2b above indicates the
vehicle is salvage, then the applicant must complete the rebuilt from salvage
requirements listed on form DR 2415 Rebuilt Title Established By Salvage Title
Checklist.
2.4
The applicant must disclose at the time of bonding for title the vehicle’s odometer
reading on the Secure Form DR 2173 Bill of Sale for Motor Vehicle provided by
the Department for vehicles with model years of less than twenty years beginning
with model year 2011 on January 1, 2021.
2.5
If the vehicle is a trailer weighing 2,000 pounds or less, and the applicant
provides a form DR 2697 Certification of Equipment Compliance for Homemade
and In Lieu of Bond Trailers, and the applicant completes the form DR 2908 In
Lieu Of Bond For Trailer 2000 Pounds or Less Checklist, as necessary, then the
applicant is deemed to have provided sufficient evidence of ownership
satisfactory to the director for purposes of this rule and is not required to
purchase a surety bond.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
e
and In Lieu of Bond Trailers, and the applicant completes the form DR 2908 In
Lieu Of Bond For Trailer 2000 Pounds or Less Checklist, as necessary, then the
applicant is deemed to have provided sufficient evidence of ownership
satisfactory to the director for purposes of this rule and is not required to
purchase a surety bond.
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48
3.0
Appeals
3.1
Applicants who have been denied issuance of a Colorado certificate of title upon
submitting a bonding for title application the applicant may request a hearing, in
writing, within 60 days after the date of notice of denial. Written hearing requests
shall be submitted to the Department of Revenue, via email at
dor_regulatoryhearings@state.co.us or by mail at PO Box 17807, Denver, CO
80217-0087. Applicants must include and provide with the request for hearing
their full name, mailing address, email address, the Vehicle Identification Number
(VIN) of the vehicle in question, and a copy of the denial letter received from the
DMV.
3.2
The hearing shall be held virtually at the Department of Revenue, Hearings
Division. The presiding hearing officer shall be an authorized representative
designated by the Executive Director. The department’s representative need not
be present at the hearing unless the presiding hearing officer requires his or her
presence or the person requesting the hearing requests his or her presence in
writing. If the department’s representative is not present at the hearing, the
hearing officer has the discretion to consider any written documents and
affidavits submitted by the department.
RULE 20
he department’s representative need not
be present at the hearing unless the presiding hearing officer requires his or her
presence or the person requesting the hearing requests his or her presence in
writing. If the department’s representative is not present at the hearing, the
hearing officer has the discretion to consider any written documents and
affidavits submitted by the department.
RULE 20.
LICENSE PLATE RETIREMENT
Basis: The statutory bases for this rule are sections 42-1-204, 42-3-207, 42-3-212(7),
42-3-214(7), 42-3-221(6), 42-3-222(6), 42-3-223(6), 42-3-224(2)(a), 42-3-225(2)(b), 42-
3-226(2)(a), 42-3-227(6), 42-3-228(6), 42-3-229(2)(a), 42-3-230(6), 42-3-231(6)(a), 42-
3-232(6)(a), 42-3-233(6), 42-3-234(6)(a), 42-3-237(6), 42-3-238(2)(a), 42-3-239(2)(a),
42-3-240(2)(a), 42-3-241(2)(a), 42-3-242(2)(a), 42-3-243(2)(a), 42-3-244(2)(a), 42-3-
245(2)(a), 42-3-246(2)(a), 42-3-247(2)(a), 42-3-248(2)(a), 42-3-249(2)(a), 42-3-
250(2)(a), 42-3-251(2)(a), and 42-3-252(3)(a), C.R.S.
Purpose: The purpose of this rule is to establish criteria for the Retirement of Specialty
License Plates.
1.0
Definitions
1.1
“Alumni License Plate” means a Specialty License Plate issued to recognize an
alumni association of a private or public college or university that is located within
Colorado pursuant to 42-3-214, C.R.S.
1.2
“Certificate” for the purpose of this rule means a Department approved-letter,
voucher, or other document issued by a Sponsoring Organization to a person as
evidence that the person is qualified to receive a Specialty License Plate. A
Certificate may be issued in electronic or digital format instead of paper, if
approved by the Department.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
e” for the purpose of this rule means a Department approved-letter,
voucher, or other document issued by a Sponsoring Organization to a person as
evidence that the person is qualified to receive a Specialty License Plate. A
Certificate may be issued in electronic or digital format instead of paper, if
approved by the Department.
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49
1.3
“Distinctive Group Special License Plate” means a Specialty License Plate
created though statute that is neither an Alumni License Plate; a Group Special
License Plate; nor a “Distinctive Special License Plate” as defined in 42-1-
102(24.5), C.R.S.
1.4
“Group Special License Plate” means a Specialty License Plate that is either a
“Group Special License Plate Created through Rule” or “Group Special License
Plate Created through Statute” as those terms are defined in Code of Colorado
Regulations 1-CCR-204-10, Rule 16. Group Special License Plates.
1.5
“Nonprofit” means an entity that is a 501(c)(3) corporation under the Internal
Revenue Code or an entity holding charitable nonprofit status with the Colorado
Secretary of State.
1.6
“Pre-Certification Qualifier” means a condition(s) that must be met in order to
qualify for issuance of a Specialty License Plate.
1.7
“Registered” for the purpose of this rule means a vehicle with an unexpired
registration as provided in sections 42-3-102 and 42-3-114, C.R.S., that is
currently issued a Specialty License Plate, unless the context requires otherwise.
1.8
“Retire” or “Retirement” means the discontinuation of the production, issuance,
and registration of the Specialty License Plate, except for Distinctive Special
License Plates.
1.9
“Specialty License Plate” for the purpose of this rule means an Alumni License
Plate, a Distinctive Special License Plate, a Distinctive Group Special License
Plate, or a Group Special License Plate
quires otherwise.
1.8
“Retire” or “Retirement” means the discontinuation of the production, issuance,
and registration of the Specialty License Plate, except for Distinctive Special
License Plates.
1.9
“Specialty License Plate” for the purpose of this rule means an Alumni License
Plate, a Distinctive Special License Plate, a Distinctive Group Special License
Plate, or a Group Special License Plate.
1.10 “Sponsoring Organization” means an alumni association that has an Alumni
License Plate or a Nonprofit that has a Group Special License Plate or a
Distinctive Group Special License Plate.
2.0
Requirements
2.1
A Specialty License Plate is subject to Retirement when:
a.
The Specialty License Plate’s respective authorizing statute requires that a
minimum number of plates shall be issued by a specified date and the
Sponsoring Organization has not met that requirement, except for a
Distinctive Special License Plate; or
CODE OF COLORADO REGULATIONS
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50
b.
The Specialty License Plate’s respective authorizing statute identifies a
minimum number of plates to be issued by a specified date, but does not
require that the minimum be met, and the Sponsoring Organization has
not met that requirement, the Department may Retire the Specialty
License Plate as determined by the Department, except for a Distinctive
Special License Plate; or
c.
The Specialty License Plate is subject to Retirement under any other
applicable rule or statute.
3.0
Retirement Process
3.1
Upon the occurrence of any event that would initiate Retirement of a Specialty
License Plate, the Department will provide notice and a right to request a hearing
pursuant to sections 24-4-104 and 24-4-105, C.R.S., to the Sponsoring
Organization.
3.2
The hearing shall be held at the Department of Revenue, Hearings Section. The
presiding hearing officer will be an authorized representative designated by the
Executive Director
event that would initiate Retirement of a Specialty
License Plate, the Department will provide notice and a right to request a hearing
pursuant to sections 24-4-104 and 24-4-105, C.R.S., to the Sponsoring
Organization.
3.2
The hearing shall be held at the Department of Revenue, Hearings Section. The
presiding hearing officer will be an authorized representative designated by the
Executive Director. The Department’s representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or the
Sponsoring Organization requests his or her presence in writing. If the
Department’s representative is not present at the hearing, the hearing officer has
the discretion to consider any written documents and affidavits submitted by the
Department.
3.3
If the proceedings result in Retirement of the Specialty License Plate, the
Department will issue a final agency order retiring the license plate. The final
agency order will act as official notice that the Sponsoring Organization is no
longer associated with the plate and, upon receipt of the order, the Sponsoring
Organization must:
a.
Within 72 hours, cease issuing Certificates, if applicable;
b.
Within 72 hours, remove any reference to the Sponsoring Organization’s
Pre-Certification Qualifier, if applicable, for the Specialty License Plate
from the Sponsoring Organization’s website, newsprint, or other publicly
accessible media; and
c.
Immediately cease any representation in any form, whether active or
passive, that suggests that meeting a Pre-Certification Qualifier could
qualify a person for the issuance of a Specialty License Plate.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
the Specialty License Plate
from the Sponsoring Organization’s website, newsprint, or other publicly
accessible media; and
c.
Immediately cease any representation in any form, whether active or
passive, that suggests that meeting a Pre-Certification Qualifier could
qualify a person for the issuance of a Specialty License Plate.
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51
3.4
The Department will inform all Registered owners of the Retirement. A person
whose vehicle is Registered with a Retired Specialty License Plate may continue
registration with the license plate so long as the license plate is not damaged,
lost, stolen, voluntarily surrendered to the Department, or the owner allows the
vehicle’s registration to which the Specialty License Plate is issued to expired.
The Department will not replace a Retired license plate if the license plate is
destroyed, lost, stolen, voluntarily surrendered to the Department or any other
circumstance.
RULE 21.
[Repealed eff. 06/14/2016]
RULE 22.
MANUFACTURER’S CERTIFICATE OF ORIGIN - REQUIREMENTS
AND USE
Basis: The statutory bases for this rule are 42-6-104 and 42-6-113, C.R.S.
Purpose: The purpose of this rule is to define the requirements for a Manufacturer’s
Certificate of Origin and its use to obtain a Colorado certificate of title.
1.0
Definitions
1.1
“Bill of Sale” or “BOS” means a document furnished by a vehicle seller to the
vehicle buyer specifying the items and containing the information required by 42-
6-113, C.R.S. For the purposes of a Licensed Colorado Dealer, the bill of sale
shall be on the Departments secure form DR 2173 Motor Vehicle Bill of Sale or
DR 2407 Dealer’s Bill of Sale for a Motor Vehicle.
1.2
“Dealer” or “Licensed Colorado Dealer” means the same as defined in 42-6-
102(2), C.R.S.
1.3
“Manufacturer” means the same as defined in 42-6-102(8), C.R.S.
1.4
“Manufacturer Representative” means the same as defined in 12-6-102(11.5) and
12+6-102(14), C.R.S
of sale
shall be on the Departments secure form DR 2173 Motor Vehicle Bill of Sale or
DR 2407 Dealer’s Bill of Sale for a Motor Vehicle.
1.2
“Dealer” or “Licensed Colorado Dealer” means the same as defined in 42-6-
102(2), C.R.S.
1.3
“Manufacturer” means the same as defined in 42-6-102(8), C.R.S.
1.4
“Manufacturer Representative” means the same as defined in 12-6-102(11.5) and
12+6-102(14), C.R.S.
1.5
“Manufacturer’s Certificate of Origin” or “MCO” means a secure document issued
by a Manufacturer which establishes ownership of the New Vehicle or OHV prior
to the New Vehicle or OHV being titled. MCO may be referred to by certain
manufacturers as “Manufacturer’s Statement of Origin” or “MSO”, when referred
to as MSO it shall have the same meaning as MCO.
1.6
“New Vehicle” means the same as defined in 42-6-102(11), C.R.S.
1.7
“Off-Highway Vehicle” or “OHV” means the same as defined in 42-6-102(11.5),
C.R.S.
1.8
“Used Vehicle” means the same as defined in 42-6-102(22), C.R.S.
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52
2.0
Manufacturer’s Certificate of Origin Standards and Requirements
2.1
A Manufacturer’s Certificate of Origin (MCO) shall adhere to the specification for
printing standards published by the American Association of Motor Vehicle
Administrators (AAMVA). The MCO shall contain the security features and
standard requirements below:
a.
Security Features
i.
Paper
1.
Sensitized Security Paper – paper that is reactive to
chemicals commonly used to alter documents.
2.
Non-Optical Brightener Paper – paper without added optical
brighteners which will not fluoresce under ultraviolent light.
ii.
Engraved Border – a border produced from engraved artwork,
which shall appear on the front of the MCO.
iii.
Copy Deterrent
1.
Prismatic – rainbow printing which is used as a deterrent to
color copying, and/or
2.
Copy Void Pantograph – the word “void” appears when the
document is copied.
iv
htener Paper – paper without added optical
brighteners which will not fluoresce under ultraviolent light.
ii.
Engraved Border – a border produced from engraved artwork,
which shall appear on the front of the MCO.
iii.
Copy Deterrent
1.
Prismatic – rainbow printing which is used as a deterrent to
color copying, and/or
2.
Copy Void Pantograph – the word “void” appears when the
document is copied.
iv.
Complex Colors – colors, which are developed by a mixture of two
or more colors (red, yellow or blue) and black if required.
v.
Erasable Fluorescent Background Inks – fluoresces under
ultraviolent light and reacts to any attempt to erase in such a
manner as to be immediately detectable.
vi.
Background Security Design – a repetitious design consisting of a
pattern, which hinders counterfeiting efforts.
vii.
Microline – a line of small alpha characters in capital letters which
requires a magnifying glass to read.
viii.
Consecutively Numbered – documents that contain a control/serial
number which is consecutively numbered for control purposes.
ix.
Security Image or Marking
1.
Security Thread – with or without watermark.
2.
Intaglio Print – with or without latent image.
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53
b.
Document Size – shall be seven inches by eight inches.
c.
Paper Stock – sixty 60 pound offset or equivalent durability.
d.
Construction – unless otherwise specified by the Department, the forms
should be constructed and fan folded for use on high-speed pin-fed
computer printer and/or continuous typewriters.
e.
Layout – test matter space of 1/10 inches horizontal and 1/16 inches deep
characters
2.2
The MCO is required to convey ownership of a New Vehicle or OHV and must
contain the information below utilizing the appropriate American National
Standards Institute (ANSI) standards that provide the criteria for character set
and print quality for optical character recognition
d/or continuous typewriters.
e.
Layout – test matter space of 1/10 inches horizontal and 1/16 inches deep
characters
2.2
The MCO is required to convey ownership of a New Vehicle or OHV and must
contain the information below utilizing the appropriate American National
Standards Institute (ANSI) standards that provide the criteria for character set
and print quality for optical character recognition. Information printed, if required,
shall use the National Crime Information Center (NCIC) codes and abbreviations
published in the NCIC Codes Manual.
a.
Date the MCO was issued;
b.
Invoice number indicating ownership transferred from the manufacturer;
c.
The New Vehicle’s or OHV’s;
i.
Vehicle Identification Number (VIN);
ii.
Year of manufacture;
iii.
Make;
iv.
Body type;
v.
Shipping weight;
vi.
Horsepower;
vii.
Gross vehicle weight rating (GVWR);
viii.
Number of cylinders;
ix.
Series;
x.
Model; and
xi.
Major and minor colors.
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2.3
The MCO must contain the clauses below:
a.
A clause that certifies that the New Vehicle or OHV as described on the
MCO is the property of the Manufacturer identified and the date it has
been transferred to the distributor or Dealer as identified on the face of the
MCO.
b.
A clause that certifies that the MCO represents that this was the first
transfer to the distributor or Dealer of the New Vehicle or OHV described
on the MCO in ordinary trade and commerce. A Manufacturer’s
Representative for the Manufacturer must sign acknowledging this clause.
2.4
The Dealer shall provide secure printing and storage facilities for MCO and BOS
in the Dealer’s possession.
3.0
New Vehicle Title Requirements
3.1
The MCO shall be duly transferred from the last Dealer who had possession of
the New Vehicle or OHV to the purchaser or transferee. All transfer assignments
on the MCO shall include disclosure of the odometer reading, if required, at the
time of sale or transfer of the New Vehicle or OHV
nting and storage facilities for MCO and BOS
in the Dealer’s possession.
3.0
New Vehicle Title Requirements
3.1
The MCO shall be duly transferred from the last Dealer who had possession of
the New Vehicle or OHV to the purchaser or transferee. All transfer assignments
on the MCO shall include disclosure of the odometer reading, if required, at the
time of sale or transfer of the New Vehicle or OHV. A Dealer who has had the
New Vehicle or OHV in their possession subsequent to the Manufacturer must
complete the assignment on the back of the MSO.
3.2
Upon the sale or transfer of a New Vehicle or OHV by the last Dealer who had
possession of the New Vehicle or OHV, the last Dealer shall make, execute, and
deliver to the purchaser or transferee a sufficient Bill of Sale (BOS) and MCO
specific to the New Vehicle or OHV that was sold or transferred. For the
purposes of this Rule 22, “sufficient” means a fully completed BOS.
3.3
The Dealer shall, within the time limits required in 42-6-112, C.R.S., facilitate the
delivery of the MCO together with the BOS and other documents required by
Article 6 of Title 42 to the County Clerk and Recorder of the county where the
purchaser or transferee is a resident, pursuant to 42-6-134 and 42-6-139, C.R.S.
3.4
If a Dealer that sells or transfers a New Vehicle or OHV fails to provide a MCO
for the New Vehicle or OHV, the purchaser or transferee must bond for the title
pursuant to 42-6-115, C.R.S., and Code of Colorado Regulations 1 CCR 204-10
Rule 19. Bonding for Colorado Certificate of Title, before a title can be issued.
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, C.R.S.
3.4
If a Dealer that sells or transfers a New Vehicle or OHV fails to provide a MCO
for the New Vehicle or OHV, the purchaser or transferee must bond for the title
pursuant to 42-6-115, C.R.S., and Code of Colorado Regulations 1 CCR 204-10
Rule 19. Bonding for Colorado Certificate of Title, before a title can be issued.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
55
4.0
Imported New Vehicle or OHV
4.1
An application for a Colorado certificate of title for a New Vehicle or OHV
imported into the United States (U.S.) through legal means with a foreign MCO
must include the following documents in order to establish ownership and prove
compliance with the Environmental Protection Agency (EPA), Department of
Transportation (DOT), and Department of Homeland Security U.S. Customs and
Border Protection (CBP) import vehicle requirements. The foreign MCO and
other documents must be translated into English.
a.
U.S. DOT certification that the New Vehicle or OHV meets all safety
standards required in the United States.
b.
Application for Final Admission of Non-Conforming Imported Vehicle or
Engine issued by the EPA with the resulting EPA issued Certificate of
Conformity.
c.
Entry Summary issued by the CBP and the Release of Bond Letter.
d.
BOS or invoice from the New Vehicle or OHV importer to the Dealer.
e.
Completed Department BOS with the applicants’ disclosure of the New
Vehicle or OHV mileage. Pursuant to Federal Odometer Law 49 CFR
580.5 the odometer indicator will be “Actual”. If the New Vehicle or OHV is
inoperable or the odometer reading is unknown the odometer indicator will
be “Not Actual”.
f.
Completed Department form DR 2698 Verification of the Vehicle
Identification Number.
he Dealer.
e.
Completed Department BOS with the applicants’ disclosure of the New
Vehicle or OHV mileage. Pursuant to Federal Odometer Law 49 CFR
580.5 the odometer indicator will be “Actual”. If the New Vehicle or OHV is
inoperable or the odometer reading is unknown the odometer indicator will
be “Not Actual”.
f.
Completed Department form DR 2698 Verification of the Vehicle
Identification Number.
4.2
An application for a Colorado certificate of title for a New Vehicle or OHV
imported into the U.S. through legal means that does not have a foreign MCO or
foreign country title must include the documents identified above in paragraph
4.1 and the applicant must bond for a Colorado certificate of title pursuant to 42-
6-115, C.R.S., and Code of Colorado Regulations 1 CCR 204-10 Rule 19.
Bonding for Colorado Certificate of Title.
RULE 23.
SPECIAL MOBILE MACHINERY RENTALS
Basis: The statutory bases for this regulation are sections 42-1-204 and 42-3-107(16),
C.R.S.
Purpose: The purpose of this regulation is to provide guidelines, clarify documents
required, and provide processes to SMM Owners for the collection of Specific
Ownership Tax for Special Mobile Machinery that is rented or leased.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
56
1.0
Definitions
1.1
“2% Rental Specific Ownership Tax” (SOT) means the owner-elected, alternate
method for payment of Special Mobile Machinery SOT.
1.2
“Adjustment” means the correction or modification of an account balance, which
can include a negative or positive amount, to reflect the current status of an
account.
1.3
“Authorized System” means the Department’s approved web-based portal and its
infrastructure allowing SMM Owners to perform 2% Rental reporting and
additional functions for the SMM 2% Rental Registration Exempt Program.
1.4
“Commercial Fleet License Plate” means the Colorado red and white graphic
license plate that contains the stacked letters “FLT”. Commercial Fleet license
plates do not display validation year and month tabs
Department’s approved web-based portal and its
infrastructure allowing SMM Owners to perform 2% Rental reporting and
additional functions for the SMM 2% Rental Registration Exempt Program.
1.4
“Commercial Fleet License Plate” means the Colorado red and white graphic
license plate that contains the stacked letters “FLT”. Commercial Fleet license
plates do not display validation year and month tabs.
1.5
“Department” means the Department of Revenue of this state acting directly or
through its duly authorized officers and agents.
1.6
“DR 0160” means the document issued by the Department of Revenue Division
of Taxation approving the collection of sales tax on rentals or leases for the SMM
Owner.
1.7
“DR 0440” means the form used to apply to the Department of Revenue Division
of Taxation for approval to collect sales tax on rentals or leases.
1.8
“DR 2091” means the required authorization request provided to the County
Motor Vehicle office for the SMM Owner to participate in the SMM 2% Rental
program.
1.9
“DR 2101” means the required authorization request provided to the Department
for an SMM 2% Rental company to authorize electronic filing access.
1.10 “DR 2428” means the form requesting participation, and upon execution,
authorization to participate in the SMM 2% Rental Fleet program. Upon approval,
the DR 2428 shall have the SMM Owner’s assigned fleet number placed upon it.
1.11
“DR 2671” means the required SMM Rental Equipment Monthly Tab Report. The
DR 2671 serves as the SMM Owner’s remittance form for SMM participating in
the SMM 2% Rental program, the SMM 2% Rental Fleet program, and the SMM
2% Rental Registration Exempt program.
1.12 “DR 2689” means the application completed by the SMM Owner to provide
information required to title, register, or perform a suspended title transaction by
the County Motor Vehicle office.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
m for SMM participating in
the SMM 2% Rental program, the SMM 2% Rental Fleet program, and the SMM
2% Rental Registration Exempt program.
1.12 “DR 2689” means the application completed by the SMM Owner to provide
information required to title, register, or perform a suspended title transaction by
the County Motor Vehicle office.
CODE OF COLORADO REGULATIONS
1 CCR 204-10
Division of Motor Vehicles
57
1.13 “DR 2192” means the required authorization request to participate in the SMM
2% Rental Registration Exempt program provided to the Department.
1.14 “DR 2851” means the required SMM Annual Statement for SMM Owners
participating in the SMM 2% Rental Registration Exempt program. The DR 2851
serves as the SMM Owner’s inventory of equipment, and calculates annual fees
due upon initial application or annual renewal for the SMM 2% Rental
Registration Exempt Program.
1.15 “Lease” for the purpose of this regulation means the granting of use to operate
SMM under an agreement with the SMM Owner.
1.16 “Mounted Equipment” means any item weighing more than five hundred pounds
that is permanently mounted on a vehicle including mounting by means such as
welding or bolting the equipment to a vehicle.
1.17 “New Special Mobile Machinery” (SMM) means SMM that has not been
previously titled or Registered to the current SMM Owner in the State of
Colorado.
1.18 “Operate” means to pull, haul, or drive SMM over the highways or the use of
SMM for its intended purpose (e.g. digging ditches, road repairs, etc.).
1.19 “Owner” for the purpose of this regulation means an equipment dealer regularly
engaged in the sale or rental of Special Mobile Machinery and who rents or
leases such equipment to another person or business in which the Owner has
not held an interest for at least thirty (30) days.
1.20 “Registration Period Certificate” means the DR 2428 form completed and
executed by the Colorado Department of Revenue, Division of Motor Vehicles,
Vehicle Services Program
ment dealer regularly
engaged in the sale or rental of Special Mobile Machinery and who rents or
leases such equipment to another person or business in which the Owner has
not held an interest for at least thirty (30) days.
1.20 “Registration Period Certificate” means the DR 2428 form completed and
executed by the Colorado Department of Revenue, Division of Motor Vehicles,
Vehicle Services Program.
1.21 “Rental” for the purpose of this regulation means the granting of use to operate
SMM under an agreement wit
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