C.R.S. § 42-6-101 Short title
42-6-101. Short title. This part 1 shall be known and may be cited as the "Certificate of Title Act".
Certificates of Title - Used Motor Vehicle Sales
C.R.S. tit. 42, art. 6
in effectC.R.S. § 42-6-102 Definitions
42-6-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "All-terrain vehicle" means a three- or four-wheeled vehicle that travels on low-pressure tires with a seat that is straddled by the rider and with handlebars for steering control.
(1.5) "Authorized agent" has the same meaning as set forth in section 42-1-102 (5).
(1.7) "Brand" means a permanent designation or marking on a motor vehicle's title, associated with the vehicle identification number, that conveys information about the value of the vehicle or indicates that the vehicle:
(a) Is a salvage vehicle;
(b) Is rebuilt from salvage;
(c) Is nonrepairable;
(d) Is flood damaged;
(e) Has had its odometer tampered with;
(f) Has a designation placed on the title by another jurisdiction; or
(g) Is a lemon law buyback vehicle, as defined in section 42-10-101 (1.5).
(2) "Dealer" means any person, firm, partnership, corporation, or association licensed under the laws of this state to engage in the business of buying, selling, exchanging, or otherwise trading in motor vehicles.
(3) "Department" means the department of revenue acting directly or through a duly authorized officer, agent, or third-party provider.
(4) "Director" means the executive director of the department of revenue.
(5) (a) "Electronic record" means a record generated, created, communicated, received, sent, or stored by electronic means.
(b) Repealed.
(5.5) "Electronic signature" has the same meaning as set forth in section 24-71-101.
(6) "File" means the creation of or addition to an electronic record maintained for a certificate of title by the director or an authorized agent.
(6.1) "Flood damaged" means a motor vehicle was submerged in water to the point that rising water has reached over the doorsill and entered the passenger compartment and damaged electrical, computer, or mechanical components.
(6.3) "Historical military vehicle" means a vehicle of any size or weight that is valued for historical purposes, that was manufactured for use by any nation's armed forces, and that is maintained in a condition that represents its military design and markings.
(6.4) "Junk" means a vehicle that is incapable of operating on roads and is no longer a vehicle because it has been destroyed, dismantled, or changed. These vehicles may not be issued a certificate of title, and any title secured in the purchase of such a vehicle is to be surrendered to the department, which shall cancel the vehicle identification number and remove the vehicle from the motor vehicle system.
(6.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin.
(7) "Lien" means a security interest in a motor vehicle under article 9 of title 4, C.R.S., and this article.
(8) "Manufacturer" means a person, firm, partnership, corporation, or association engaged in the manufacture of new motor vehicles, trailers, or semitrailers.
(9) "Mortgage" or "chattel mortgage" means a security agreement as defined in section 4-9-102 (76), C.R.S.
(10) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on the public highways and is generally and commonly used to transport persons and property over the public highways, including autocycles, trailers, semitrailers, and trailer coaches, without motive power. "Motor vehicle" does not include the following:
(a) A low-power scooter or an electric scooter, as both terms are defined in section 42-1-102;
(b) A vehicle that operates only upon rails or tracks laid in place on the ground or that travels through the air or that derives its motive power from overhead electric lines;
(c) A farm tractor, farm trailer, and any other machines and tools used in the production, harvesting, and care of farm products; or
low-power scooter or an electric scooter, as both terms are defined in section 42-1-102;
(b) A vehicle that operates only upon rails or tracks laid in place on the ground or that travels through the air or that derives its motive power from overhead electric lines;
(c) A farm tractor, farm trailer, and any other machines and tools used in the production, harvesting, and care of farm products; or
(d) Special mobile machinery or industrial machinery not designed primarily for highway transportation.
(11) "New vehicle" means a motor vehicle being transferred for the first time from a manufacturer or importer, or dealer or agent of a manufacturer or importer, to the end user or customer. A motor vehicle that has been used by a dealer for the purpose of demonstration to prospective customers shall be considered a "new vehicle" unless such demonstration use has been for more than one thousand five hundred miles. Motor vehicles having a gross vehicle weight rating of sixteen thousand pounds or more shall be exempt from this definition.
(11.2) "Nonrepairable" means a motor vehicle that:
(a) Is incapable of safe operation on the road and that has no resale value except as scrap or as a source of parts; or
(b) The owner has designated as scrap or as a source of parts.
(11.3) "Nonrepairable title" means a title document issued by the director or authorized agent to indicate ownership of a nonrepairable vehicle.
(11.5) (a) "Off-highway vehicle" means a self-propelled vehicle that is:
(I) Designed to travel on wheels or tracks in contact with the ground;
(II) Designed primarily for use off of the public highways; and
(III) Generally and commonly used to transport persons for recreational purposes.
(b) (I) Except as described in subsection (11.5)(b)(II) of this section, "off-highway vehicle" includes vehicles commonly known as all-terrain vehicles, snowmobiles, and surplus military vehicles but does not include:
(A) Toy vehicles;
(B) Vehicles designed and used primarily for travel on, over, or in the water;
(C) Historical military vehicles;
(D) Golf carts or golf cars;
(E) Vehicles designed and used to carry persons with disabilities;
(F) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or
(G) Motor vehicles.
(II) "Off-highway vehicle" does not include a surplus military vehicle that is owned or leased by a municipality, county, or fire protection district, as defined in section 32-1-103 (7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires.
(11.7) "Off-highway vehicle dealer" means both of the following as defined in section 44-20-402:
(a) A powersports vehicle dealer; and
(b) A used powersports vehicle dealer.
(12) "Owner" means a person or firm in whose name the title to a motor vehicle is registered.
(13) "Person" means natural persons, associations of persons, firms, limited liability companies, partnerships, or corporations.
(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
le dealer.
(12) "Owner" means a person or firm in whose name the title to a motor vehicle is registered.
(13) "Person" means natural persons, associations of persons, firms, limited liability companies, partnerships, or corporations.
(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
(15) "Roadworthy" means a condition in which a motor vehicle has sufficient power and is fit to operate on the roads and highways of this state after visual inspection by appropriate law enforcement authorities. In order to be roadworthy, such vehicle, in accord with its design and use, shall have all major parts and systems permanently attached and functioning and shall not be repaired in such a manner as to make the vehicle unsafe. For purposes of this subsection (15), "major parts and systems" shall include, but not be limited to, the body of a motor vehicle with related component parts, engine, transmission, tires, wheels, seats, exhaust, brakes, and all other equipment required by Colorado law for the particular vehicle.
(15.5) (a) "Rolling chassis" means that:
(I) For a motorcycle, the motorcycle has a frame, a motor, front forks, a transmission, and wheels;
(II) For a motor vehicle that is not a motorcycle, the motor vehicle has a frame, a body, a suspension, an axle, a steering mechanism, and wheels.
(b) Nothing in this subsection (15.5) shall be construed to require any listed parts to be operable, in working order, or roadworthy.
(16) "Salvage certificate of title" means a document issued under the authority of the director to indicate ownership of a salvage vehicle.
(17) (a) (I) "Salvage vehicle" means:
(A) A flood-damaged vehicle;
(B) A vehicle branded as a salvage vehicle by another state; or
(C) A vehicle that is damaged by collision, fire, flood, accident, trespass, or other occurrence, excluding hail damage or theft, to the extent that the vehicle is determined to be a total loss by the insurer or other person acting on behalf of the owner or that the cost of repairing the vehicle to a roadworthy condition and for legal operation on the highways exceeds the vehicle's retail fair market value immediately prior to the damage, as determined by the person who owns the vehicle at the time of the occurrence or by the insurer or other person acting on behalf of the owner.
(II) "Salvage vehicle" does not include an off-highway vehicle.
(b) In assessing whether a vehicle is a "salvage vehicle" under this section, the retail fair market value shall be determined by reference to sources generally accepted within the insurance industry including price guide books, dealer quotations, computerized valuation services, newspaper advertisements, and certified appraisals, taking into account the condition of the vehicle prior to the damage. When assessing the repairs, the assessor shall consider the actual retail cost of the needed parts and the reasonable and customary labor rates for needed labor.
(c) "Salvage vehicle" does not include a vehicle that qualifies as a collector's item, horseless carriage, or street rod vehicle under article 12 of this title at the time of damage.
(18) (a) "Signature" means either a written signature or an electronic signature.
the assessor shall consider the actual retail cost of the needed parts and the reasonable and customary labor rates for needed labor.
(c) "Salvage vehicle" does not include a vehicle that qualifies as a collector's item, horseless carriage, or street rod vehicle under article 12 of this title at the time of damage.
(18) (a) "Signature" means either a written signature or an electronic signature.
(b) "Electronic signature" has the same meaning as set forth in section 24-71-101.
(18.5) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice off of the public highways and supported by skis, belts, or cleats. "Snowmobile" does not include machinery used for the grooming of snowmobile trails or ski slopes.
(19) "State" includes the territories and the federal districts of the United States.
(20) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design that has been modified for safe road use, including, but not limited to, modifications of the drive train, suspension, and brake systems, modifications to the body through the use of materials such as steel or fiberglass, and modifications to any other safety or comfort features.
(20.5) "Surplus military vehicle" means a self-propelled vehicle that was:
(a) Purchased for nonmilitary use; and
(b) Built for the United States armed forces.
(21) "Transfer by inheritance" means the transfer of ownership after the death of an owner by means of a will, a written statement, a list as described in section 15-11-513, C.R.S., or upon lawful descent and distribution upon the death intestate of the owner of the vehicle.
(22) "Used vehicle" means a motor vehicle that has been sold, bargained, exchanged, or given away, or has had the title transferred from the person who first took title from the manufacturer or importer, dealer, or agent of the manufacturer or importer, or has been so used as to have become what is commonly known as a secondhand motor vehicle. A motor vehicle that has been used by a dealer for the purpose of demonstration to prospective customers shall be considered a "used vehicle" if such demonstration use has been for more than one thousand five hundred miles.
(23) "Vehicle" means any motor vehicle as defined in subsection (10) of this section.
C.R.S. § 42-6-103 Application
42-6-103. Application. (1) Except as provided in subsection (2) of this section, this part 1 applies to motor vehicles and off-highway vehicles.
(2) This part 1 does not apply to an off-highway vehicle that:
(a) Was first sold or transferred before July 1, 2014, until the off-highway vehicle is sold or transferred to a powersports vehicle dealer after July 1, 2014; or
(b) Is used exclusively for agricultural purposes on private land.
C.R.S. § 42-6-104 Administration - rules
42-6-104. Administration - rules. The director is charged with the duty of administering this part 1. For that purpose the director is vested with the power to make such reasonable rules and require the use of such forms and procedures as are reasonably necessary for the efficient administration of this part 1.
C.R.S. § 42-6-105 Authorized agents
42-6-105. Authorized agents. (Repealed)
C.R.S. § 42-6-106 Certificates of registration - plates
42-6-106. Certificates of registration - plates. (1) No certificate of registration or license plates shall be issued for a motor vehicle by the director or an authorized agent except in the following cases:
(a) The applicant exhibits to the director or the authorized agent, or the director or the authorized agent has on file, an official Colorado certificate of title for such vehicle in which it appears that the applicant is the owner of the vehicle sought to be registered and licensed.
(b) The applicant submits satisfactory evidence to the director or the authorized agent that an official Colorado certificate of title to such motor vehicle has been issued or is on file or from which it otherwise appears that the applicant is the owner of the vehicle sought to be registered and licensed. Any evidence submitted to the director or the authorized agent may be maintained in a paper or electronic version.
(c) The applicant applies for an official certificate of title for such motor vehicle pursuant to section 42-6-116.
(d) A member of the armed forces of the United States has purchased a vehicle in a foreign country and registered such vehicle in accordance with the directives of the department of defense of the United States government and is unable to supply proof of ownership in the form customarily required by this state and evidence of ownership is supplied by submitting an executed document prescribed by the secretary of defense concerning the vehicle and authenticated by an officer of the armed forces who has authority to administer oaths under 10 U.S.C. sec. 936.
(e) (I) The vehicle is a commercial vehicle that is registered as part of a fleet based in Colorado and is leased from the owner of such vehicle;
(II) The owner of the commercial vehicle is not a resident of Colorado; and
(III) The applicant applies for apportioned registration pursuant to article 3 of this title and provides the following to the director or authorized agent:
(A) A copy of a current registration or a copy of a current title for such vehicle from a foreign jurisdiction; and
(B) A copy of a lease agreement between the owner and the applicant.
C.R.S. § 42-6-107 Certificates of title - contents - rules
42-6-107. Certificates of title - contents - rules. (1) (a) (I) The department or authorized agent shall mail or deliver certificates of title to motor or off-highway vehicles issued under this part 1 to the applicant, except as provided in section 42-6-124, and the director shall retain and appropriately index and file information appearing and concerning the issuance of the certificates of title. The certificates may be electronic records in compliance with rules adopted by the director.
(II) In addition to other information that the director may by rule require, the certificates of title must contain the make and model of the motor or off-highway vehicle described in the record, if the information is available, together with the motor and any other serial number of the vehicle, and a description of any other marks or symbols placed upon the vehicle by the vehicle manufacturer for identification purposes.
(III) If a vehicle shows a brand in the vehicle's title history, or if the vehicle is subject to a brand, the department shall place the appropriate brand on the certificate of title. If the vehicle has multiple brands, the department shall place the most recent brand on the certificate of title and the notice "other brands exist". If the brand is from a certificate of title issued in another jurisdiction, the brand must be carried forward to the Colorado certificate of title along with the name of the jurisdiction originating the brand. On and after January 1, 2027, the appropriate brand is "Lemon Law Buyback" if a motor vehicle is a lemon law buyback vehicle, as defined in section 42-10-101 (1.5).
(IV) The year listed on the certificate of title of a kit vehicle is the year of manufacture of the kit from which the vehicle was assembled, as indicated in the manufacturer's statement of origin.
(b) (I) Except as otherwise provided in subsection (1)(b)(II) of this section, the department may require those vehicle-related entities specified by regulation to verify information concerning a vehicle through the physical inspection of the vehicle. The information required to be verified by a physical inspection must include the vehicle identification number or numbers, the make of vehicle, the vehicle model, the type of vehicle, the year of manufacture of the vehicle, the type of fuel used by the vehicle, and other information as may be required by the department. For the purposes of this subsection (1)(b), "vehicle-related entity" means an authorized agent or designated employee of the agent, a Colorado law enforcement officer, a licensed Colorado dealer, a licensed inspection and readjustment station, or a licensed diesel inspection station.
(II) The department shall not require a physical inspection as a condition for issuance of a certificate of title for a vehicle if:
(A) The applicant for a certificate of title for the vehicle presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new; or
(B) At the time of application, the vehicle is currently titled in another county of the state.
nt for a certificate of title for the vehicle presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new; or
(B) At the time of application, the vehicle is currently titled in another county of the state.
(2) The department or authorized agent shall include in the electronic record of the certificate or the paper version of the certificate a description of every lien on the motor or off-highway vehicle that appears in the application for the certificate of title or is unreleased upon a prior certificate of title for the vehicle, including the date of the lien, the original amount secured by the vehicle, the named lienee, and the county in which the lien appears of record if it is of public record. The department or authorized agent shall number certificates and electronic records consecutively by counties, beginning with number one. The certificate of title filed with the authorized agent is prima facie evidence of the contents of the record and that the person in whose name the certificate is registered is the lawful owner of the vehicle. Except as provided in section 42-6-118, the certificate remains effective after filing until the vehicle described in the record is sold or ownership is otherwise transferred.
C.R.S. § 42-6-108 Identification number - title - street rod vehicles
42-6-108. Identification number - title - street rod vehicles. (Repealed)
C.R.S. § 42-6-108.5 Rebuilder's certificate of title
42-6-108.5. Rebuilder's certificate of title. (Repealed)
C.R.S. § 42-6-109 Sale or transfer of vehicle - program
42-6-109. Sale or transfer of vehicle - program. (1) Except as provided in section 42-6-113, a person shall not sell or otherwise transfer a motor or off-highway vehicle to a purchaser or transferee without delivering to the purchaser or transferee a certificate of title to the vehicle duly transferred in the manner prescribed in section 42-6-110. Except as provided in subsection (2) of this section, the certificate of title may be in an electronic format. Except as provided in section 42-6-115, a purchaser or transferee does not acquire any right, title, or interest in and to a motor or off-highway vehicle purchased by the purchaser or transferee unless and until he or she obtains from the transferor the certificate of title duly transferred in accordance with this part 1. A lienholder may request either a paper or electronic version of a certificate of title.
(2) Except as provided in section 42-6-115, a paper copy of a certificate of title is necessary for a transaction in which:
(a) Either party to the transaction is located outside Colorado; or
(b) The purchaser pays for a motor or off-highway vehicle entirely with cash.
(3) (a) Beginning January 1, 2019, the department shall implement a voluntary program for an owner of a motor vehicle to notify the department or an authorized agent after ownership of the motor vehicle is transferred to another person in accordance with subsections (1) and (2) of this section.
(b) A report of ownership transfer is properly filed if the report is made in a manner, which may include by electronic means, approved by the department and received by the department or authorized agent within five business days after the transfer of ownership, and includes the following:
(I) The date and time of sale or transfer;
(II) The full name of the owner of the motor vehicle before the transfer;
(III) The vehicle identification number of the motor vehicle; and
(IV) An affidavit, signed under penalty of perjury, that the requirements for the transfer of ownership in subsections (1) and (2) of this section have been satisfied.
(c) The department shall:
(I) Provide or approve one or more methods for reporting the transfer of ownership;
(II) Notify, with the owner's registration renewal information, the owner of a motor vehicle of the option to report the transfer of ownership of a motor vehicle;
(III) Notify the public of the option to report a transfer of ownership of a motor vehicle;
(IV) Place instructions on each certificate of title document issued on or after August 8, 2018, for reporting the transfer of ownership of a motor vehicle; and
(V) Forward a copy of the report to each lienholder of record.
(d) (I) If an owner reports a bona fide transfer of ownership of a motor vehicle in accordance with this section, the owner is not liable in or subject to any civil or criminal action brought against the following after the motor vehicle was transferred:
(A) The operator of the motor vehicle, arising from the use of the motor vehicle; and
(B) The motor vehicle.
(II) This subsection (3)(d) does not apply to a civil or criminal action if the action is brought against the owner for the owner's:
(A) Negligence in permitting the purchaser to drive the motor vehicle at the time of sale;
(B) Failure to comply with any law governing the sale of the motor vehicle;
(C) Negligence in selling the motor vehicle;
(D) Material misstatement or omission about the condition of the motor vehicle; or
(E) Failure to make any disclosure required by law.
(e) A report filed under this subsection (3) does not extinguish or impair the rights of any lienholder.
motor vehicle at the time of sale;
(B) Failure to comply with any law governing the sale of the motor vehicle;
(C) Negligence in selling the motor vehicle;
(D) Material misstatement or omission about the condition of the motor vehicle; or
(E) Failure to make any disclosure required by law.
(e) A report filed under this subsection (3) does not extinguish or impair the rights of any lienholder.
(f) This subsection (3) does not require the owner who transfers a motor vehicle to another person to report the sale to the department in accordance with this subsection (3).
(4) (a) A record covered by this article 6, including a certificate of title, a document necessary to issue a certificate of title, or a signature on the record or document may not be denied legal effect, validity, or enforceability solely because it is in the form of an electronic record, document, or signature. Except as otherwise provided in this article 6, if a rule of law requires a record to be in writing or provides consequences if it is not, an electronic record satisfies that rule of law.
(b) For a record, document, or signature to be legally effective, valid, or enforceable, a person need not obtain a written power of attorney solely because the record, document, or signature is in an electronic form.
(c) This subsection (4) applies to and in a court of law.
(d) This subsection (4) does not require the department to implement a system to electronically accept records, documents, or signatures.
C.R.S. § 42-6-110 Certificate of title - transfer - department records - rules - definition
42-6-110. Certificate of title - transfer - department records - rules - definition. (1) Upon the sale or transfer of a motor or off-highway vehicle for which a certificate of title has been issued or filed, the person in whose name the certificate of title is registered, if the person is not a dealer, shall execute a formal transfer of the vehicle described in the certificate. The person in whose name the certificate of title is registered or the person's agent or attorney shall affirm the sale or transfer, accompanied by a written declaration that the statement is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or transferee, within sixty days thereafter, shall present the certificate, together with an application for a new certificate of title, to the director or one of the authorized agents, accompanied by the fee required in section 42-6-137 to be paid for the filing of a new certificate of title; except that, if no title can be found and the motor vehicle is not roadworthy, the purchaser or transferee may wait until twenty-four months after the motor vehicle was purchased to apply for a certificate of title.
(1.5) (a) If an insurer, as defined in section 10-1-102 (13), a salvage pool authorized by an insurer, or an authorized agent of an insurer is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty days following oral or written acceptance by the owner of an offer of settlement of a total loss, that insurer, salvage pool, or agent may request, on a form provided by the department and signed under penalty of perjury, the department to issue a salvage or nonrepairable title for the vehicle. The request must include information declaring that the insurer, salvage pool, or agent has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title and must include the fee for a duplicate title. The form requesting a salvage or nonrepairable title is the only evidence required to obtain a salvage or nonrepairable title.
(b) Upon receiving the fee for a duplicate title and the certificate of ownership, other evidence of title, or a properly executed request described in paragraph (a) of this subsection (1.5), the department shall issue the salvage or nonrepairable title for the vehicle.
(c) As used in this subsection (1.5), "authorized agent of an insurer" means a person who has been authorized on forms promulgated by the department to be an agent of the insurer for the purpose of disposing of a vehicle that has been declared a total loss.
(1.7) (a) The department shall allow an insurer, as defined in section 10-1-102 and that is regulated under title 10, an agent of the insurer, a salvage pool that is licensed as a used motor vehicle dealer, a motor vehicle dealer licensed under article 20 of title 44, a used motor vehicle dealer licensed under article 20 of title 44, or any person approved by the department to use the electronic systems created in section 42-4-2103 (3)(c)(III) to access owner and lienholder information of a motor vehicle in the department's records if:
(I) The motor vehicle is the subject of an insurance claim being processed by the insurer;
(II) The motor vehicle is possessed by a salvage pool;
(III) The access is related to a motor vehicle transaction with a motor vehicle dealer or used motor vehicle dealer; or
(IV) The access is authorized by section 24-72-204 (7).
(b) The department shall ensure that the information available to the insurer, the insurer's agent, the salvage pool, a motor vehicle dealer, a used motor vehicle dealer, or a person approved by the department is correct and is limited to the information needed to verify and contact the owner and lienholder of the motor vehicle.
dealer; or
(IV) The access is authorized by section 24-72-204 (7).
(b) The department shall ensure that the information available to the insurer, the insurer's agent, the salvage pool, a motor vehicle dealer, a used motor vehicle dealer, or a person approved by the department is correct and is limited to the information needed to verify and contact the owner and lienholder of the motor vehicle.
(c) The department may charge the insurer, the insurer's agent, the salvage pool, a motor vehicle dealer, a used motor vehicle dealer, or a person approved by the department a fee in an amount not to exceed the lesser of five dollars or the direct and indirect costs of implementing this subsection (1.7). The department shall deposit the fee in the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(d) The department may promulgate rules establishing standards for verifying:
(I) The identity of the person accessing the records; and
(II) That the access is authorized by section 24-72-204 (7).
(e) In allowing access to the electronic system under this subsection (1.7), the department shall ensure that the addresses of program participants under part 21 of article 30 of title 24 are not released.
(2) A person who violates subsection (1) of this section commits a class A traffic infraction.
C.R.S. § 42-6-110.5 Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions
42-6-110.5. Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions. (1) (a) On and after August 10, 2016, the division shall make available a beneficiary designation form that allows the owner or joint owners of a vehicle to arrange for the transfer of the vehicle's title to a named beneficiary upon the death of the owner or upon the death of all joint owners of the vehicle. At a minimum, the form must include fields for the following information:
(I) The manufacturer, model, year, and vehicle identification number of the vehicle;
(II) The name of the owner or every joint owner of the vehicle;
(III) The words "transfer on death to", or the abbreviation "TOD", followed by the name of the beneficiary; and
(IV) The signature of the owner of the vehicle or of each joint owner of the vehicle.
(V) Repealed.
(b) The division shall make beneficiary designation forms available:
(I) In each office of the division that is open to the public for conducting business relating to motor vehicles and drivers' licenses; and
(II) On the division's public website.
(2) (a) Upon the death of the owner, or of the last surviving joint owner, of a vehicle for which a beneficiary designation form has been properly executed, as described in subsection (1)(a) of this section, the beneficiary shall present the form to the division and request a new title of ownership of the vehicle in the beneficiary's name. The form must be accompanied by:
(I) Proof of the death of the vehicle's owner or proof of the death of the last surviving joint owner of the vehicle; and
(II) The fee for an application for a certificate of title, as described in section 42-6-137 (1).
(b) Upon the presentation of a properly executed beneficiary designation form and accompanying documents, as described in subsection (2)(a) of this section, the division, subject to any security interest, shall issue a new certificate of title to the beneficiary. For the purposes of this subsection (2)(b), the division may rely on a death certificate, record, or report that constitutes prima facie evidence of death.
(2.4) The personal representative, as defined in section 15-10-201 (39), of the estate of a deceased vehicle owner is not liable for obtaining a new certificate of title or for transferring title to the vehicle if the personal representative does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.
(2.6) A successor, as defined in section 15-10-201 (51), of a decedent, or a person acting on behalf of a successor, is not liable for obtaining a new certificate of title or transferring title to the vehicle by an affidavit executed in accordance with section 15-12-1201 if the person does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.
(3) During the lifetime of the owner of a vehicle for which a beneficiary designation form has been properly executed or before the death of the last surviving joint owner of such a vehicle:
(a) The signature or consent of the beneficiary is not required for any transaction relating to the vehicle; and
not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.
(3) During the lifetime of the owner of a vehicle for which a beneficiary designation form has been properly executed or before the death of the last surviving joint owner of such a vehicle:
(a) The signature or consent of the beneficiary is not required for any transaction relating to the vehicle; and
(b) The owner or surviving joint owners of the vehicle may revoke the beneficiary designation form or change the beneficiary of the beneficiary designation form at any time by:
(I) Selling the vehicle with proper assignment and delivery of the certificate of title to another person; or
(II) Properly executing a subsequent beneficiary designation form that designates a new beneficiary.
(4) Upon the death of the owner or upon the death of the last surviving joint owner of a vehicle for which a beneficiary designation form has been properly executed, the interest of the beneficiary in the vehicle is subject to any contract of sale, assignment, or ownership or security interest to which the owner or joint owners of the vehicle were subject during their lifetime.
(5) Except as provided in paragraph (b) of subsection (3) of this section, the designation of a beneficiary in a beneficiary designation form may not be changed or revoked by will or by any other instrument or by a change in circumstances.
(6) The transfer on death of a vehicle pursuant to this section is a nonprobate transfer pursuant to the "Colorado Probate Code", articles 10 to 17 of title 15.
(7) As used in this section, unless the context otherwise requires:
(a) "Beneficiary" means one or more specifically named persons or entities designated to receive title to a vehicle upon the death of the preceding owner or joint owners.
(b) "Beneficiary designation form" means a form that indicates the intention of a present owner or joint owners of a vehicle to transfer ownership of the vehicle to a named beneficiary upon the death of the owner or last surviving joint owner of the vehicle.
(c) "Division" means the division of motor vehicles in the department of revenue.
(d) "Joint owner" means an individual who owns a vehicle with one or more other individuals as joint tenants with rights of survivorship. "Joint owner" does not include an individual who owns a vehicle with one or more other individuals as tenants in common.
(e) "Owner" means an individual who owns a vehicle.
(f) "Vehicle" includes any motor vehicle, motorcycle, motor home, trailer, or other item for which a certificate of title is issued by the division.
C.R.S. § 42-6-111 Sale to dealers - certificate need not issue
42-6-111. Sale to dealers - certificate need not issue. (1) Upon the sale or transfer to a dealer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, the dealer shall transfer and file the certificate of title to the motor or off-highway vehicle; except that, so long as the vehicle remains in the dealer's possession and at the dealer's place of business for sale and for no other purpose, the dealer need not procure or file a new certificate of title as is otherwise required in this part 1.
(2) If a motor or off-highway vehicle dealer wishes to obtain a new certificate of title, the dealer may present the old certificate of title to the director with the fee imposed by section 42-6-137 (6), whereupon the director shall issue a new certificate of title to the dealer within one working day after application. This subsection (2) does not apply to a motor or off-highway vehicle subject to a lien.
(3) (a) A wholesale motor vehicle auction dealer who does not buy, sell, or own the motor vehicles transferred at auction shall disclose the identity of the wholesale motor vehicle auction dealer, the date of the auction, and the license number of the auction on a form and in a manner prescribed by the executive director. A wholesale motor vehicle auction dealer does not become an owner by reason of such disclosure nor as a result solely of the guarantee of title, guarantee of payment, or reservation of a security interest.
(b) A wholesale motor vehicle auction dealer may buy or sell motor vehicles at wholesale in such dealer's own name and, in such instances, shall comply with the provisions of this part 1 applicable to dealers, including licensing.
C.R.S. § 42-6-112 Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty
42-6-112. Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty. (1) A dealer of motor or off-highway vehicles shall, within thirty days after the sale, deliver or facilitate the delivery of the certificate of title to a purchaser or the holder of a chattel mortgage on the motor or off-highway vehicle subject to section 42-6-109.
(2) A person who violates this section commits a class A traffic infraction.
C.R.S. § 42-6-113 New vehicles - bill of sale - certificate of title - rental businesses - rules
42-6-113. New vehicles - bill of sale - certificate of title - rental businesses - rules. (1) Upon the sale or transfer by a dealer of a new motor or off-highway vehicle, the dealer shall, upon delivery, make, execute, and deliver to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of origin.
(2) The bill of sale must:
(a) Be affirmed by a statement signed by the dealer, containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.;
(b) Be in such form as the director may require; and
(c) Contain, in addition to other information that the director may by rule require, the make and model of the motor or off-highway vehicle, the identification number placed upon the vehicle by the manufacturer for identification purposes, the manufacturer's suggested retail price, and the date of the sale or transfer, together with a description of any mortgage or lien on the vehicle that secures any part of the purchase price.
(3) Upon presentation of the bill of sale and the manufacturer's certificate of origin, the director or an authorized agent shall file a new certificate of title for the vehicle described in the bill of sale. A dealer shall transfer a new motor or off-highway vehicle used by a dealer for demonstration in accordance with this section.
(4) Notwithstanding subsection (3) of this section, the department may, upon presentation of a manufacturer's invoice, issue a business that rents motor vehicles or special mobile machinery a certificate of title for a new motor vehicle or special mobile machinery if the business submits a signed affidavit or a title application attesting that the motor vehicle or special mobile machinery is new and has not been issued a certificate of title and that the business is entitled to be issued a certificate of title for the motor vehicle or special mobile machinery. Upon request of the department, the business shall make available a scanned image of the front of the manufacturer's certificate of origin for up to one percent of the registered vehicles of the business for any given month.
C.R.S. § 42-6-114 Transfers by bequest, descent, or law
42-6-114. Transfers by bequest, descent, or law. Upon the transfer of ownership of a motor or off-highway vehicle by inheritance or by operation of law, as in proceedings in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale, or if the vehicle is sold to satisfy storage or repair charges or repossessed to satisfy a secured debt, the director or the authorized agent may issue, upon the surrender of any available certificate of title and presentation of such proof of ownership as the director may reasonably require or a court order, a new certificate of title on behalf of the new owner and dispose of the certificate as in other cases.
C.R.S. § 42-6-115 Furnishing bond for certificates
42-6-115. Furnishing bond for certificates. (1) (a) If the applicant for a certificate of title to a motor or off-highway vehicle is unable to provide the director or the authorized agent with a certificate of title duly transferred to the applicant or other evidence of ownership satisfactory to the director as specified in rules established under section 42-6-104, the director or the authorized agent may file a certificate of title for the vehicle if the applicant furnishes the director or the authorized agent with a statement, in a form specified by the director, that contains:
(I) A recital of the facts and circumstances by which the applicant acquired the ownership and possession of the vehicle;
(II) The source of the title to the vehicle; and
(III) Other information as the director may require to determine:
(A) Whether any liens are attached to the motor vehicle;
(B) The date of the liens;
(C) The amount secured by the vehicle;
(D) Where the liens are of record; and
(E) The right of the applicant to have a certificate of title filed on behalf of the applicant.
(b) The statement specified in paragraph (a) of this subsection (1) must contain or be accompanied by a written declaration that it is made under penalty of perjury in the second degree, as defined in section 18-8-503, C.R.S., and must accompany the application for the certificate as required in section 42-6-116.
(c) The director or the authorized agent may maintain any evidence submitted to the director or the authorized agent in a paper or electronic version.
(d) Upon receipt of an application by the owner of a motor or off-highway vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy of the mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 42-6-122, and 42-6-123 concerning the lien or mortgage.
(2) If the director or the authorized agent finds that the applicant is the same person to whom a certificate of title for the vehicle has previously been issued or filed and to whom a license was issued for the year during which the application for the certificate of title is made and that a certificate of title should be filed on behalf of the applicant, the director or authorized agent may file the certificate.
(3) (a) Except as provided by paragraph (b) of this subsection (3) or section 42-12-402, the department or an authorized agent shall not file a certificate of title under this section until the applicant furnishes evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or a good and sufficient bond with a corporate surety, to the state, in an amount fixed by the director, not less than twice the reasonable value of the vehicle determined as of the time of application. The applicant and the applicant's surety shall hold harmless any person who suffers loss or damage by reason of the filing of a certificate under this section.
rements of section 11-35-101, C.R.S., or a good and sufficient bond with a corporate surety, to the state, in an amount fixed by the director, not less than twice the reasonable value of the vehicle determined as of the time of application. The applicant and the applicant's surety shall hold harmless any person who suffers loss or damage by reason of the filing of a certificate under this section.
(b) (I) If a vehicle is twenty-five years old or older, the applicant has had a certified vehicle identification number inspection performed on the vehicle, and the applicant presents a bill of sale within twenty-four months after the sale with the title application, the applicant need not furnish surety under this subsection (3). To be excepted from the surety requirement, an applicant must submit an affidavit to the department that is sworn to under penalty of perjury and that states that the required documents submitted are true and correct.
(II) An applicant need not furnish surety under this subsection (3) for an off-highway vehicle if the applicant submits an affidavit under penalty of perjury attesting to ownership of the vehicle and if the vehicle:
(A) Was moved to Colorado from a state not issuing certificates of title for off-highway vehicles;
(B) Is used and held as inventory by a powersports dealer;
(C) Was owned by an agency of the United States or another state or a political subdivision thereof;
(D) Was owned by an agricultural producer and used strictly for agricultural purposes;
(E) Was owned exclusively for the purpose of being operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption does not apply unless the agency exercising jurisdiction over the land specifically authorizes the organized competitive or noncompetitive event; or
(F) Was used by a dealer, manufacturer, or authorized designee for an off-highway vehicle operator education or safety program.
(4) If any person suffers loss or damage by reason of the filing of the certificate of title as provided in this section, the person has a right of action against the applicant and the surety on the applicant's bond against either of whom the person damaged may proceed independently of the other.
C.R.S. § 42-6-116 Applications for filing of certificates of title - rules
42-6-116. Applications for filing of certificates of title - rules. (1) If a person who desires or who is entitled to a filing of a certificate of title to a motor or off-highway vehicle is required to apply to the director or the authorized agent, the applicant shall apply upon a form provided by the director in which appears a description of the motor or off-highway vehicle including the make and model, the manufacturer's number, and a description of any other distinguishing mark, number, or symbol placed on the vehicle by the vehicle manufacturer for identification purposes, as may be required by the director by rule adopted in accordance with article 4 of title 24, C.R.S. The application must show the name and correct address of the owner determined pursuant to section 42-6-139, a class A, class B, class C, class D, or class F vehicle owner's personal identification number as provided on a state-issued driver's license or assigned by the department, and the applicant's source of title and must include a description of all known mortgages and liens upon the motor or off-highway vehicle, the holder of the lien, the amount originally secured, and the name of the county and state if the owner holds a certificate of title or the state if the owner does not hold a certificate of title where the mortgage, lien, or financing statement is recorded or filed. The application must be verified by a statement signed by the applicant and must contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.
(2) Upon receipt of an application by the owner of a motor or off-highway vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy of the mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 42-6-122, and 42-6-123 concerning the lien or mortgage.
C.R.S. § 42-6-117 Filing of certificate
42-6-117. Filing of certificate. (1) The director or the authorized agent shall use reasonable diligence to ascertain whether the facts stated in an application and other documents submitted to the director or the authorized agent are true. In appropriate cases, the director or authorized agent may require the applicant to furnish additional information regarding ownership of the vehicle and the right to file on behalf of the applicant a certificate of title for the vehicle. The director or the authorized agent may refuse to file a certificate of title to such vehicle if the director or the authorized agent determines that the applicant is not entitled to such certificate.
(2) No certificate of title may be filed for a vehicle required to have its vehicle identification number inspected pursuant to section 42-5-202 unless a vehicle identification number inspection form has been transmitted to the director or the authorized agent showing the number recorded from the vehicle or the number assigned to the vehicle under section 42-12-202.
(3) At the request of the title owner, lienholder, or mortgagee, a paper copy of a filed certificate of title may be issued by the director or the authorized agent.
C.R.S. § 42-6-118 Amended certificate
42-6-118. Amended certificate. If the owner of a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed replaces any part of the motor or off-highway vehicle on which appears the identification number or symbol described in the certificate of title and the identification number or symbol no longer appears on the motor or off-highway vehicle, or incorporates the part containing the identification number or symbol into another motor or off-highway vehicle, the owner shall immediately apply to the director or an authorized agent for an assigned identification number and an amended filing of a certificate of title to the vehicle.
C.R.S. § 42-6-119 Certificates for vehicles registered in other states
42-6-119. Certificates for vehicles registered in other states. (1) When a resident of the state acquires the ownership of a motor or off-highway vehicle for which a certificate of title has been issued by a state other than Colorado, the person acquiring the vehicle shall apply to the director or an authorized agent for the filing of a certificate of title as in other cases.
(2) If a dealer acquires the ownership of a motor or off-highway vehicle by lawful means and the vehicle is titled under the laws of a state other than Colorado, the dealer need not file a Colorado certificate of title for the vehicle so long as the vehicle remains in the dealer's possession and at the dealer's place of business solely for the purpose of sale.
(3) Upon the sale by a dealer of a motor or off-highway vehicle, the certificate of title to which was issued in a state other than Colorado, the dealer shall, within thirty days after the sale, deliver or facilitate the delivery to the purchaser the certificate of title, duly and properly endorsed or assigned to the purchaser, with a statement by the dealer containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and setting forth the following:
(a) That the dealer, by the execution of the affidavit, warrants to the purchaser and all persons who claim through the named purchaser that, at the time of the sale, transfer, and delivery by the dealer, the vehicle described was free and clear of all liens and mortgages except as might appear in the certificate of title;
(b) That the vehicle is not a stolen vehicle; and
(c) That the dealer had good, sure, and adequate title to, and full authority to sell and transfer, the vehicle.
(4) (a) Except as otherwise provided in subsection (4)(b) of this section, if the purchaser of the vehicle completes and includes the vehicle identification number inspection form as part of the application for filing of a Colorado certificate of title to the vehicle and accompanies the application with the affidavit required by subsection (3) of this section and the duly endorsed or assigned certificate of title from a state other than Colorado, a Colorado certificate of title may be filed in the same manner as upon the sale or transfer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed. Upon the filing by the director or the authorized agent of the certificate of title, the director or the authorized agent may dispose of the certificate of title and shall record the certificate of title as provided in section 42-6-124.
(b) If an applicant for the filing of a Colorado certificate of title for a vehicle for which another state has issued a certificate of title presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new, the applicant need not include a vehicle identification number inspection form as part of the application.
C.R.S. § 42-6-120 Security interests upon vehicles
42-6-120. Security interests upon vehicles. (1) Except as provided in this section and sections 42-6-130 and 42-6-148, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel mortgages, as defined in section 42-6-102 (9), do not apply to motor or off-highway vehicles. A mortgage or refinancing of a mortgage intended by the parties to the mortgage or refinancing to encumber or create a lien on a motor vehicle, or to be perfected as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, must be filed for public record. The department or authorized agent shall note the fact of filing on the owner's certificate of title or bill of sale substantially in the manner provided in section 42-6-121.
(2) This section and section 42-6-121 do not apply to a mortgage or security interest upon a vehicle or motor vehicle held for sale or lease that constitutes inventory as defined in section 4-9-102, C.R.S. The perfection of mortgages or security interests, and the rights of the parties, are governed by article 9 of title 4, C.R.S.
(3) Notwithstanding any provision of law to the contrary, in the case of motor vehicles, off-highway vehicles, or trailers, a lease transaction does not create a sale or security interest solely because it permits or requires the rental price to be adjusted either upward or downward under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle, off-highway vehicle, or trailer.
(4) The rights of a buyer, lessee, or lien creditor that arise after a mortgage attaches to a motor or off-highway vehicle and before perfection under this article are determined by section 4-9-317, C.R.S.
C.R.S. § 42-6-121 Filing of mortgage - rules
42-6-121. Filing of mortgage - rules. (1) The holder of a chattel mortgage on a motor or off-highway vehicle desiring to secure the rights provided for in this part 1 and to have the existence of the mortgage and the fact of the filing of the mortgage noted in the filing of the certificate of title to the encumbered vehicle must present the signed original or signed duplicate of the mortgage or copy of the mortgage and the certificate of title or application for certificate of title to the vehicle encumbered to the authorized agent of the director in the county or city and county in which the mortgagor of the vehicle resides or where the vehicle is located. The holder may file either with paper documents or electronically. The mortgage or refinancing of a loan secured by a mortgage must state the name and address of the debtor; the name and address of the mortgagee or name of the mortgagee's assignee; the make, vehicle identification number, and year of manufacture of the mortgaged vehicle; and the date and amount of the loan secured by the mortgage. An owner of a motor or off-highway vehicle applying for a certificate of title under section 42-6-115, 42-6-116, or 42-6-119 is deemed to have filed under this section on behalf of the mortgage or lienholder.
(2) (a) Upon the receipt of the electronic, original, or duplicate mortgage and certificate of title or application for certificate of title, the authorized agent, if satisfied that the vehicle described in the mortgage is the same as that described in the certificate of title or filed title, shall file within the director's authorized agent's motor and off-highway vehicle database:
(I) Notice of the mortgage or lien, in which appears the day on which the mortgage was received for filing;
(II) The name and address of the mortgagee named and the name and address of the holder of the mortgage, if the holder is not the named mortgagee;
(III) The amount secured by the vehicle;
(IV) The date of the mortgage;
(V) The day and year on which the mortgage was filed; and
(VI) Any other information regarding the filing of the mortgage in the office of the director's authorized agent as may be required by the director by rule.
(b) The director's authorized agent shall electronically transmit, when the director's authorized agent uses an electronic filing system, the certificate of title, application for certificate of title, and mortgage information to the database of the director for maintenance of a central registry of motor and off-highway vehicle title information pursuant to section 42-6-147.
(3) A mortgage is deemed to be a signed original or a signed duplicate if the signature appearing on a certificate of title or application for certificate of title was affixed personally by the mortgagor or the mortgagor's attorney-in-fact, in ink, in carbon, or by any other means.
(4) For purposes of liens created pursuant to section 14-10-122 (1.5), C.R.S., the lien shall contain the information set forth in this section as well as any additional information required in section 14-10-122 (1.5)(f), C.R.S.
(5) The lien or mortgage shall be perfected pursuant to section 42-6-120 on the date all documents required by subsection (1) of this section, including, without limitation, the signed original or signed duplicate of the mortgage or a copy containing the information required by subsection (1) of this section, are received by the authorized agent and payment is tendered on the fee imposed by section 42-6-137 (2).
C.R.S. § 42-6-122 Disposition of mortgages by agent - rules
42-6-122. Disposition of mortgages by agent - rules. (1) The authorized agent, upon receipt of the mortgage, shall file the mortgage in the agent's office, appropriately indexed and cross-indexed:
(a) Under one or more of the following headings in accordance with the rules adopted by the director:
(I) Make or vehicle identification number of motor or off-highway vehicles mortgaged;
(II) Names of owners of mortgaged motor or off-highway vehicles as they appear on the certificates of title thereto;
(III) The numbers of the certificates of title for motor or off-highway vehicles mortgaged;
(IV) The numbers or other identification marks assigned to registration certificates issued upon the registration of mortgaged vehicles;
(b) Under the name of the mortgagee, the holder of the mortgage, or the owner of the vehicle; or
(c) Under such other system as the director may devise and determine to be necessary for the efficient administration of this part 1.
(2) All records of mortgages affecting motor or off-highway vehicles are public and may be inspected and copied, as is provided by law respecting public records affecting real property. A duly certified copy of the department's electronic record of the mortgage or lien is admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the mortgage or lien.
C.R.S. § 42-6-123 Disposition after mortgaging
42-6-123. Disposition after mortgaging. After a mortgage on a motor or off-highway vehicle has been filed in the authorized agent's office, the authorized agent shall mail, deliver, or electronically transfer to the director the certificate of title or other evidence of ownership satisfactory to the director as specified in rules adopted under section 42-6-104 that the authorized agent has filed in the record. The director shall maintain completed electronic records transferred by the authorized agent. The director shall issue a new certificate of title containing, in addition to the other matters required to be set forth in certificates of title, a description of the mortgage and all information respecting the mortgage and the filing of the mortgage that appear in the certificate of the authorized agent, and the director or the director's authorized agent shall then dispose of the new certificate of title containing the notation as provided in section 42-6-124. When a motor or off-highway vehicle is subject to an electronic mortgage or lien, the certificate of title for the motor or off-highway vehicle is considered to be physically held by the mortgagee or lienholder for all legal purposes, including compliance with state or federal odometer disclosure requirements.
C.R.S. § 42-6-124 Disposition of certificates of title
42-6-124. Disposition of certificates of title. (1) The director shall dispose of a certificate of title issued by the director or the authorized agent in the following manner:
(a) If the certificate of title that is filed by the authorized agent is maintained in an electronic format within the director's and the authorized agent's motor and off-highway vehicle databases as required by the standards established pursuant to article 71.3 of title 24, C.R.S., the certificate of title shall be disposed of in accordance with paragraphs (b) and (c) of this subsection (1).
(b) If it appears, from the records in the director's or the authorized agent's office and from an examination of the certificate of title, that the motor or off-highway vehicle described in the certificate of title is not subject to a mortgage filed after August 1, 1949, or if the vehicle is encumbered by a mortgage filed in any county of a state other than Colorado, the director or authorized agent shall deliver the certificate of title to the person who appears to be the owner of the vehicle or mail the certificate to the owner of the vehicle at his or her address as it appears in the application, the certificate of title, or other records in the director's or the authorized agent's office.
(c) If it appears, from the records in the office of the director or the authorized agent and from the certificate of title, that the motor or off-highway vehicle described in the certificate of title is subject to one or more mortgages filed after August 1, 1949, the director or the authorized agent shall electronically maintain or deliver the certificate of title issued by the director to the mortgagee named in the certificate of title or the holder of the certificate of title whose mortgage was first filed in the office of an authorized agent.
C.R.S. § 42-6-125 Release of mortgages - rules
42-6-125. Release of mortgages - rules. (1) Upon the payment or discharge of the undertaking secured by a mortgage on a motor or off-highway vehicle that has been filed for record under section 42-6-121, the legal holder, on a form approved by the director, shall notify the director or authorized agent of the discharge of the obligation and release of the mortgage securing the obligation and set forth in the notice the facts concerning the right of the holder to release the mortgage as the director may require by rule. The lienholder shall include in the notice of satisfaction and release a signed affirmation, noted in the certificate of title on file with the director or the authorized agent, that contains or is accompanied by a notarized declaration or a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503. Thereupon, the holder of the released mortgage shall dispose of the certificate of title as follows:
(a) If the motor or off-highway vehicle is encumbered by a mortgage filed under section 42-6-121 after the date on which the released mortgage was filed for record, the holder of the certificate of title shall deliver the certificate to the person shown to be the holder of the mortgage noted on the title filed earliest after the filing of the released mortgage, or to the person or agent of the person shown to be the assignee or other legal holder of the mortgage, or shall mail the certificate to the mortgagee or holder at the address appearing on the mortgage. If the certificate is returned unclaimed, the holder shall mail the certificate to the director.
(b) If it appears from an examination of the certificate of title that there are no other outstanding mortgages against the motor or off-highway vehicle upon the release of the mortgage as provided in this section, the holder of the mortgage shall deliver the certificate of title to the owner of the vehicle or shall mail the title to the owner at his or her address, and, if for any reason the certificate of title is not delivered to the owner or is returned unclaimed, the holder shall immediately mail the certificate to the director.
(c) The director's authorized agent shall note in the electronic record of the lien the satisfaction and release of the lien or mortgage and shall file a notice of the satisfaction and release in accordance with section 42-6-122.
(2) (a) (I) Except when a lienholder can show extenuating circumstances, within fifteen calendar days after a lien or mortgage on a motor or off-highway vehicle is paid and satisfied, a lienholder shall release the lien or mortgage as required by subsection (1) of this section.
(II) As used in this subsection (2), "extenuating circumstances" means a situation where access to the title is impaired, making good faith compliance with this subsection (2) impossible within the time frame required by this paragraph (a). "Extenuating circumstances" does not include intentional or negligent acts by a lienholder that result in delay beyond the time frame required in this subsection (2).
(b) Any person aggrieved by a violation of this subsection (2) may bring a civil action in a court of competent jurisdiction to bring about compliance with this subsection (2) and for any damages arising from the violation.
(3) Mortgage or lien satisfactions may be electronically transmitted to the department's authorized agent as authorized by rules of the director. When electronic transmission of mortgages or liens or mortgage or lien satisfactions is used, a certificate of title need not be issued until the last mortgage or lien is satisfied and a clear certificate of title is issued to the owner of the motor or off-highway vehicle under section 42-6-126.
C.R.S. § 42-6-126 New certificate upon release of mortgage
42-6-126. New certificate upon release of mortgage. (1) (a) Upon the satisfaction of the debt and release of a mortgage on a motor or off-highway vehicle filed for record as required by section 42-6-121:
(I) The owner of the vehicle encumbered by the mortgage, the purchaser from or transferee of the owner as appears on the certificate of title, or the holder of a mortgage that was junior to the mortgage released, upon the receipt of the certificate of title, as provided in section 42-6-125, shall deliver the title to the authorized agent, who shall transmit the title to the director; or
(II) The lienholder shall notify the authorized agent of the satisfaction of the debt and release of the mortgage, setting forth any facts concerning the right of the holder to release the mortgage as the director may require. The lienholder shall sign a satisfaction and release that is affirmed by a statement containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. Upon receiving a valid satisfaction and release, the director or authorized agent shall note the release of the lien and shall issue a certificate of title for the motor vehicle, omitting all reference to the mortgage.
(b) Upon the receipt by the director of a statement of mortgage release, the director shall:
(I) Note on the records in the director's office to show the release of the lien of the mortgage;
(II) Issue a new certificate of title to the motor or off-highway vehicle, omitting all reference to the released mortgage; and
(III) Dispose of the new certificate of title in the manner prescribed in other cases unless directed otherwise.
(2) For certificates of title that are maintained in an electronic format, any release of lien, mortgage, or encumbrance shall be filed prior to the issuance of a new certificate of title. In the event the holder of the lien, mortgage, or other encumbrance has filed bankruptcy or is no longer in business, the person seeking issuance of a new certificate of title reflecting the release of the lien, mortgage, or other encumbrance, which has been maintained electronically, shall either post a bond with the director in a reasonable amount determined by the director or shall wait until the period of the lien, mortgage, or other encumbrance expires.
C.R.S. § 42-6-127 Duration of lien of mortgage - extensions - rules
42-6-127. Duration of lien of mortgage - extensions - rules. (1) The lien of a mortgage or refinancing of a mortgage filed in the manner prescribed in section 42-6-121 or 42-6-129 shall remain valid and enforceable for a period of ten years after the filing of the certificate in the office of the director's authorized agent or until the discharge of the mortgage on the vehicle, if the discharge occurs sooner, except in the case of trailer coaches; truck tractors; multipurpose trailers, if known when filed; and motor homes, that are subject to the provisions of subsection (3) of this section. During the ten-year period or any extension of such period, the lien of the mortgage may be extended for successive three-year periods upon the holder of the mortgage presenting to the director's authorized agent of the county where the mortgage is filed or in the county where the owner resides a certification of extension of chattel mortgage, subscribed by the holder of the mortgage and acknowledged by the holder before an officer authorized to acknowledge deeds to real property, in which shall appear a description of the mortgage on the vehicle, to what extent it has been discharged or remains unperformed, and such other information respecting the mortgage as may be required by appropriate rule of the director to enable the director's authorized agent to properly record the extension.
(2) Upon receipt of a mortgage extension, the authorized agent shall make and complete the electronic record of the extension as the director by rule may require within the director's or the authorized agent's motor and off-highway vehicle database and shall note the fact of the extension of the mortgage on the certificate of title, which may be filed electronically. Thereafter, the authorized agent shall return the certificate to the person shown on the certificate to be entitled to the certificate. If any mortgage other than one on a trailer coach; truck tractor; multipurpose trailer, if known when filed; or motor home has been filed for record and noted on the certificate of title and has not been released or extended within ten years after the date when the mortgage was filed in the office of the authorized agent, the person shown by the records in the director's office to be the owner of the motor or off-highway vehicle described in the certificate of title, upon filing an application, may request that the authorized agent remove references to the mortgages shown on the records. The authorized agent shall remove all reference to mortgages shown in the authorized agent's records to have been of record in the office of the authorized agent for more than ten years without being released or extended.
(3) The duration of the lien of any mortgage on a trailer coach, as defined in section 42-1-102 (106), a truck tractor, as defined in section 42-1-102 (109), a multipurpose trailer, as defined in section 42-1-102 (60.3), or a motor home, as defined in section 42-1-102 (57), shall be for the full term of the mortgage, but the lien of the mortgage may be extended beyond the original term of the mortgage for successive three-year periods by following the procedure prescribed in subsection (1) of this section during the term of the mortgage or any extension thereof.
C.R.S. § 42-6-128 Validity of mortgage between parties
42-6-128. Validity of mortgage between parties. Nothing in this part 1 impairs the validity of a mortgage on a motor or off-highway vehicle between the parties as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence of a mortgage has acquired an interest in the motor or off-highway vehicle described in the mortgage, notwithstanding that the parties to the mortgage have failed to comply with this part 1.
C.R.S. § 42-6-129 Second or other junior mortgages
42-6-129. Second or other junior mortgages. (1) On and after July 1, 1977, a person who takes a junior mortgage on a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed may file the mortgage for public record and have the existence of the mortgage noted or filed on the certificate of title with like effect as in other cases, as required by this section.
(2) The junior mortgagee or the holder of the mortgage shall file the mortgage as required by section 42-6-121 with the authorized agent of the county where the mortgagor of the motor or off-highway vehicle resides or where the vehicle is located with a written request to have the existence of the mortgage noted or filed on the certificate of title records of the authorized agent pertaining to the vehicle covered by the junior mortgage. Upon the filing of the mortgage, the authorized agent shall note in the record of the vehicle the day and hour when the mortgage was received by the agent, shall make and deliver a receipt for the mortgage to the person filing the mortgage, and shall file the mortgage as required under section 42-6-122. If there is more than one mortgage or lien on the motor or off-highway vehicle, the department's authorized agent may electronically transmit the mortgage or lien to the first mortgage or lienholder and notify the first mortgage or lienholder of any additional mortgages or liens.
(3) The director's authorized agent, by registered mail, return receipt requested, shall make a written demand on the holder of the certificate of title, addressed to such person at the person's address as the same may appear in said written request, that such certificate be delivered to the authorized agent for the purpose of having noted on the certificate such second or junior mortgage. Within fifteen days after the receipt of such demand, the person holding such certificate shall either mail or deliver the same to such director's authorized agent or, if the person no longer has possession of the certificate, shall so notify the agent and, if the person knows, shall likewise inform the agent where and from whom such certificate may be procured. Upon the receipt of such certificate, the director's authorized agent shall complete an application for a new title and record the number thereof on the mortgage, as in the case of a first mortgage, and shall, as in the case of a first mortgage, issue and file a new certificate of title on which record the existence of all mortgages on the motor vehicle, including such second or junior mortgage, have been noted.
(4) If a person lawfully in possession of a certificate of title to a motor or off-highway vehicle, upon whom demand is made for the delivery to the authorized agent, fails to deliver or mail the certificate of title to the authorized agent, the person is liable to the holder of the junior mortgage for all damage sustained by reason of the omission.
C.R.S. § 42-6-130 Priority of secured interests
42-6-130. Priority of secured interests. The liens or mortgages filed for record or noted on a certificate of title to a motor or off-highway vehicle, as provided in section 42-6-121, take priority in the same order that they were filed with the authorized agent; except that the priority of a purchase-money security interest, as defined in section 4-9-103, C.R.S., is determined in accordance with sections 4-9-317 (e) and 4-9-324 (a), C.R.S.
C.R.S. § 42-6-131 Mechanic's, warehouse, and other liens
42-6-131. Mechanic's, warehouse, and other liens. Nothing in this part 1 impairs the rights of lien claimants arising under a mechanic's lien or the lien of a warehouse or other person claimed for repairs on or storage of a motor or off-highway vehicle when a mechanic's lien or storage lien originated prior to a mortgage or lien on the motor or off-highway vehicle being filed for record and the vehicle has remained continuously in the possession of the person claiming the mechanic's lien or lien for storage.
C.R.S. § 42-6-132 Existing mortgages not affected
42-6-132. Existing mortgages not affected. (Repealed)
C.R.S. § 42-6-133 Foreign mortgages and liens
42-6-133. Foreign mortgages and liens. A mortgage or lien on a motor or off-highway vehicle filed for record in a state other than Colorado is not valid and enforceable against the rights of subsequent purchasers for value, creditors, lienholders, or mortgagees having no actual notice of the existence of the mortgage or lien. If the certificate of title for the vehicle bears any notation adequate to apprise a purchaser, creditor, lienholder, or mortgagee of the existence of a mortgage or lien at the time a third party acquires a right in the motor vehicle, the mortgage or lien and the rights of the holder of the mortgage or lien are enforceable in this state as though the mortgage were filed in Colorado and noted on the certificate of title or noted in the record of the authorized agent for the vehicle under section 42-6-121.
C.R.S. § 42-6-134 Where application for certificates of title made
42-6-134. Where application for certificates of title made. Except as otherwise provided in this part 1, a person shall apply for recording of a certificate of title upon the sale or transfer of a motor or off-highway vehicle with the authorized agent of the county where the vehicle will be registered for operation. If the certificate of title application is made through a third-party provider, the applicant need not be physically present in the county where the vehicle will be registered if the third-party provider applies for a certificate of title in the county where the vehicle will be registered.
C.R.S. § 42-6-135 Lost certificates of title
42-6-135. Lost certificates of title. (1) If data is lost transmitting an application for a certificate of title and accompanying documentation, which may be transmitted by the authorized agent to the director and upon an appropriate application of the owner or other person entitled to such certificate of title, such certificate of title may be reissued or recorded bearing such notations respecting existing unreleased mortgages or liens on the vehicle as indicated by the director's or authorized agent's records. Such certificate of title shall be issued without charge.
(2) If the title owner, lienholder, or mortgagee of a certificate of title loses, misplaces, or accidentally destroys a certificate of title to a motor or off-highway vehicle that the person holds as described in the certificate of title, upon application, the director or the authorized agent may issue a duplicate copy of the recorded certificate of title as in other cases.
(3) (a) Upon the issuance of a copy of the recorded certificate of title as provided for in this section, the director or the authorized agent shall note on the copy every mortgage shown to be unreleased and the lien that is in effect as disclosed by the records of the director or authorized agent and shall dispose of such certificate as in other cases.
(b) Upon the payment or discharge of the debt secured by a mortgage on a motor vehicle that has been filed for record in the manner prescribed in section 42-6-121, the lienholder shall notify the authorized agent of the satisfaction and release of the mortgage, setting forth any facts concerning the right of the holder to release the mortgage as the director may require. The satisfaction and release shall be affirmed by a statement signed by the lienholder noted in the certificate of title and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. Upon receiving a valid satisfaction and release, the director or authorized agent shall note the release of the lien and shall issue a certificate of title for the motor vehicle, omitting all reference to the mortgage.
C.R.S. § 42-6-136 Surrender and cancellation of certificate - penalty for violation
42-6-136. Surrender and cancellation of certificate - penalty for violation. (1) (a) The owner of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, upon the destruction or dismantling of the vehicle or upon its being changed so that it is no longer a motor or off-highway vehicle, shall surrender the certificate of title to the vehicle to the director or the authorized agent or notify the director or the authorized agent on director-approved forms indicating the loss, destruction, or dismantling. Upon receiving the surrendered certificate of title or the notice of loss, destruction, or dismantling, the director or authorized agent shall classify the vehicle as junk.
(b) The department shall not issue a certificate of title to a vehicle classified as junk. The holder of a lien or mortgage secured by the vehicle's title for the purchase shall surrender the title to the department. The department shall cancel the title and remove the vehicle identification number from the motor vehicle database.
(c) Upon the owner's procuring the consent of the holders of unreleased mortgages or liens noted on or recorded as part of the certificate of title, the director or authorized agent shall cancel the certificate.
(d) A person who violates this section commits a petty offense and shall be punished as provided in section 18-1.3-503.
(2) (a) When a motor vehicle owner determines that a motor vehicle for which a Colorado certificate of title has been issued is nonrepairable, the owner of the vehicle shall apply for a nonrepairable title. To be issued a nonrepairable title, an applicant must provide the director with evidence of ownership that satisfies the director of the applicant's right to have a nonrepairable title filed in the applicant's favor. If a motor vehicle is nonrepairable, the director or authorized agent shall issue the vehicle a nonrepairable title.
(b) Upon the owner's procuring the consent of the holder of an unreleased mortgage or lien noted on the certificate of title, the director or authorized agent shall cancel the vehicle's registration.
(3) (Deleted by amendment, L. 2014.)
C.R.S. § 42-6-136.5 Salvage title
42-6-136.5. Salvage title. (1) Upon the sale or transfer of a motor vehicle for which a current Colorado certificate of title has been issued or filed and that has become a salvage vehicle, the purchaser or transferee shall apply for a salvage certificate of title. The owner of the vehicle may apply for a salvage certificate of title before the sale or transfer of the vehicle. To be issued a salvage title, an owner applying for a salvage certificate of title must provide the director with evidence of ownership that satisfies the director of the applicant's right to have a salvage certificate of title filed in the applicant's favor.
(2) (a) An owner of a salvage motor vehicle that has been made roadworthy who applies for a certificate of title as provided in section 42-6-116 shall include the information regarding the vehicle as the director may require by rule. To be issued a salvage title, the owner must provide to the director evidence of ownership that satisfies the director that the applicant is entitled to file a certificate of title. The director shall place a designation in a conspicuous place in the record when a salvage vehicle has been made roadworthy. The director shall include the words "REBUILT FROM SALVAGE" and shall make the designation a permanent part of the certificate of title for the vehicle, so that the phrase appears on all subsequent certificates of title for the vehicle.
(b) (I) An owner of a salvage motor vehicle that has been made roadworthy who applies for a certificate of title in accordance with section 42-6-116 shall include a certified VIN inspection in accordance with section 42-5-202 by a certified VIN inspector.
(II) To pass the VIN inspection required by this paragraph (b), the applicant must stamp a motor vehicle with a salvage brand using the words "REBUILT FROM SALVAGE" with each letter being not less than one-fourth inch in height. The brand must be placed in the following locations:
(A) In a motorcycle, on the frame in a visible location;
(B) In a class A manufactured motor home, on the main entrance door jamb;
(C) In a trailer, adjacent to the public vehicle identification number; and
(D) In all other motor vehicles, on the body post to which the driver's door latches, also known as the driver's door B pillar.
(c) (I) Except as provided in subsection (2)(c)(II) of this section, a person commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 if the person:
(A) Intentionally removes or alters a salvage brand; or
(B) Possesses a motor vehicle without retitling the vehicle with a salvage brand for forty-five days after learning that the motor vehicle's salvage brand may have been removed or altered.
(II) A person may remove or alter a salvage brand if necessary to legitimately repair a motor vehicle. To qualify for this exception, the person must provide evidence of the repair to the investigating law enforcement authority. The evidence must include pre-repair and post-repair photographs of the affected motor vehicle part and the salvage brand and a signed affidavit describing the repairs. Upon repair, or subsequent repair, the person or owner must restamp the vehicle.
C.R.S. § 42-6-137 Fees
42-6-137. Fees. (1) (a) Upon filing with the authorized agent an application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be in addition to the fees for the registration of such motor vehicle. If the additional fee of seven dollars and twenty cents is collected by a third-party provider, as defined in section 42-1-102, the provider shall collect and remit the fee to the department, who shall transmit the fee to the authorized agent.
(b) Repealed.
(2) Upon the receipt by an authorized agent of a mortgage for filing under section 42-6-121, 42-6-125, or 42-6-129, the filer shall pay the authorized agent the fees that are imposed by law for the filing of like instruments in the office of the county clerk and recorder and, in addition, a fee of seven dollars and twenty cents for the issuance or recording of the certificate of title and the notation of the existence of the mortgage. If the additional fee of seven dollars and twenty cents is collected by a third-party provider, as defined in section 42-1-102, the provider shall collect and remit the fee to the department, who shall transmit the fee to the authorized agent.
(3) Upon application to the authorized agent to have noted or recorded on a certificate of title the extension of a mortgage described in the certificate of title and noted or recorded on the certificate, such authorized agent shall receive a fee of one dollar and fifty cents.
(4) Upon the release and satisfaction of a mortgage and upon application to the authorized agent for the notation on the certificate of title pursuant to section 42-6-125, such authorized agent shall be paid a fee of seven dollars and twenty cents.
(5) For the issuance of a copy of a recorded certificate of title, except as may be otherwise provided in this part 1, the authorized agent shall be paid a fee of eight dollars and twenty cents. If the department assigns a new identifying number to any motor vehicle, the fee charged for such assignment shall be three dollars and fifty cents.
(6) Upon filing with the director or authorized agent an application for a certificate of title, a motor or off-highway vehicle dealer who applies to receive a certificate of title shall pay to the director or authorized agent a fee of twenty-five dollars.
(7) An authorized agent shall, if possible, provide the following recording of titles on the same day as the date of request by an applicant:
(a) A title issued because of a transfer of a motor or off-highway vehicle currently titled in Colorado;
(b) A title issued for a new motor or off-highway vehicle upon filing of a manufacturer's statement of origin without liens; and
(c) Any other title issued or recorded by the director or the authorized agent. The director and authorized agents shall take into account the best service for citizens in the most cost-effective manner, the use of electronic issuance of titles, and consideration of the business plan for issuing titles at county offices.
(8) Notwithstanding the amount specified for any fee in this section, the director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 42-6-138 Disposition of fees
42-6-138. Disposition of fees. (1) (a) All fees received by the authorized agent under section 42-6-137 (1)(a), (2), or (4) or 38-29-138 (1)(a), (2), or (4) upon application for a certificate of title, shall be disposed of as follows: Four dollars shall be retained by the authorized agent and disposition made as provided by law; three dollars and twenty cents shall be credited to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(b) Repealed.
(2) The authorized agent shall dispose of all fees collected under section 42-6-137 (5) or 38-29-138 (5) as follows:
(a) For a copy of a recorded certificate of title, six dollars and fifty cents shall be retained by the authorized agent and disposition made as provided by law; and one dollar and seventy cents shall be credited to the Colorado DRIVES vehicle services account created in section 42-1-211 (2); and
(b) For assignment of a new identifying number to a motor or off-highway vehicle or manufactured home, the authorized agent shall retain two dollars and fifty cents and dispose of it as provided by law and shall credit one dollar to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). The department shall credit all fees it collects under section 42-6-137 (1)(a), (4), or (5) or 38-29-138 (1)(a), (4), or (5) to the Colorado DRIVES vehicle services account.
(3) The authorized agent shall retain all fees paid under section 42-6-137 (3) for the extension of a mortgage or lien on a motor or off-highway vehicle filed in the authorized agent's office to defray the cost of the extension or release and shall dispose of the fees as provided by law; except that the authorized agent shall dispose of fees for this service that are paid in the city and county of Denver in the same manner as fees retained by the agent that were paid for filing an application for a certificate of title.
(4) (a) The department shall credit the fee paid by a motor or off-highway vehicle dealer pursuant to section 42-6-137 (6) for issuance of a certificate of title to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(b) Of the fees received by an authorized agent in accordance with section 42-6-137 (6), the authorized agent shall:
(I) Retain twenty-one dollars and eighty cents; and
(II) Transmit three dollars and twenty cents to the state treasurer, who shall credit the amount to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).
C.R.S. § 42-6-139 Registration and title application - where made
42-6-139. Registration and title application - where made. (1) (a) For purposes of this section, a person's residence is the person's principal or primary home or place of abode, to be determined in the same manner as residency for voter registration purposes as provided in sections 1-2-102 and 31-10-201, C.R.S.; except that, in applying the terms of those sections, "voter registration" is replaced with "motor vehicle registration" or "off-highway vehicle registration" as a circumstance to be taken into account in determining the principal or primary home or place of abode.
(b) A person's residence for the purposes of titling an off-highway vehicle is the same as determined by paragraph (a) of this subsection (1).
(2) (a) Except as may be otherwise provided by rule of the director, it is unlawful for a person who is a resident of the state to register, obtain a license for, or procure a certificate of title to a motor vehicle at any address other than:
(I) For a motor vehicle owned by a business and operated primarily for business purposes, the address where the vehicle is principally operated and maintained; or
(II) For a motor vehicle to which subparagraph (I) of this paragraph (a) does not apply, the address of the owner's residence; except that, if a motor vehicle is permanently maintained at an address other than the address of the owner's residence, the vehicle shall be registered at the address where the vehicle is permanently maintained.
(b) Except as may be otherwise provided by rule of the director, it is unlawful for a person who is a resident of the state to procure a certificate of title to an off-highway vehicle at an address other than:
(I) For an off-highway vehicle owned by a business and operated primarily for business purposes, the address where the vehicle is principally operated and maintained; or
(II) For an off-highway vehicle to which subparagraph (I) of this paragraph (b) does not apply, the address of the owner's residence; except that, if an off-highway vehicle is permanently maintained at an address other than the address of the owner's residence, the vehicle must be registered at the address where the vehicle is permanently maintained.
(3) A person who knowingly violates any of the provisions of subsection (2) of this section, section 42-3-103 (4)(a), or section 42-6-140 or any rule of the director promulgated pursuant to this part 1 commits a petty offense.
(4) In addition to any other applicable penalty, a person who violates subsection (2) of this section, section 42-3-103 (4)(a), or section 42-6-140 is subject to a civil penalty of five hundred dollars. The violation is determined by, assessed by, and paid to the municipality or county where the motor or off-highway vehicle is or should have been registered, subject to judicial review pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure.
(5) A person subject to the penalties imposed by this section continues to be liable for unpaid registration fees, specific ownership taxes, or other taxes and fees concerning the registration of a vehicle owed by such person.
C.R.S. § 42-6-140 Registration upon becoming resident
42-6-140. Registration upon becoming resident. Within ninety days after becoming a resident of Colorado, the owner of a motor vehicle shall apply for a Colorado certificate of title, a license, and registration for the vehicle that is registered, that is licensed, or for which a certificate of title is issued in another state. Any person who violates the provisions of this section is subject to the penalties provided in sections 42-6-139 and 43-4-804 (1)(d), C.R.S.
C.R.S. § 42-6-141 Director's records to be public
42-6-141. Director's records to be public. Records in the director's office pertaining to the title to a motor or off-highway vehicle are public records subject to section 42-1-206. This includes records regarding ownership of and mortgages or liens on a vehicle for which a Colorado certificate of title has been issued.
C.R.S. § 42-6-142 Penalties
42-6-142. Penalties. (1) A person shall not sell, transfer, or in any manner dispose of a motor or off-highway vehicle in this state without complying with this part 1.
(2) A person who violates subsection (1) of this section for which no other penalty is expressly provided commits a petty offense.
C.R.S. § 42-6-143 Altering or using altered certificate
42-6-143. Altering or using altered certificate. A person who causes to be altered or forged a certificate of title issued by the director pursuant to this part 1, or a written transfer of a title, or any other notation placed on the title by the director or under the director's authority concerning a mortgage or lien or who uses or attempts to use any such certificate to transfer the vehicle, knowing it to be altered or forged, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 42-6-144 False oath
42-6-144. False oath. A person who applies for a certificate of title, written transfer of a title, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition required to be made or taken under any of the provisions of this article, and who, upon such application, transfer, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition, swears or affirms willfully and falsely in a matter material to any issue, point, or subject matter in question, in addition to any other penalties provided in this article, is guilty of perjury in the second degree, as defined in section 18-8-503, C.R.S.
C.R.S. § 42-6-145 Use of vehicle identification numbers in applications - rules
42-6-145. Use of vehicle identification numbers in applications - rules. (1) (a) A person required to apply for a certificate of title or registration of a motor vehicle shall use the identification number placed upon the motor vehicle by the manufacturer or the special vehicle identification number assigned to the motor vehicle by the department pursuant to section 42-12-202. The department shall not issue a certificate of title or registration card unless it uses the identification number of the motor vehicle.
(b) A person required to apply for a certificate of title for an off-highway vehicle shall use the identification number placed upon the vehicle by the manufacturer or the special vehicle identification number assigned to the off-highway vehicle by the department. The department shall not issue a certificate of title unless it uses the identification number of the off-highway vehicle; except that, if the vehicle does not have a conforming identification number or is a duplicate, the department shall assign a special identification number for the certificate of title and require the owner to place the number on the vehicle.
(2) The identification number provided for in this section shall be accepted in lieu of any motor number or serial number provided for in this title.
(3) (a) After receiving an application for a certificate of title, the department or its authorized agent shall electronically verify with the department of public safety that the motor vehicle has not been reported stolen. The department shall not register a motor vehicle reported stolen in the system until the vehicle is recovered by the owner.
(b) The department shall promulgate rules setting forth procedures to notify the local law enforcement agency upon discovery that a person is attempting to obtain a certificate of title for a stolen motor vehicle.
(c) This subsection (3) is effective July 1, 2009.
C.R.S. § 42-6-146 Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty
42-6-146. Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty. (1) If a mortgagee, lienholder, or the mortgagee's or lienholder's assignee or the agent of either repossesses a motor or off-highway vehicle because of default in the terms of a secured debt, the repossessor shall notify, either orally or in writing, a law enforcement agency, as provided in this section, of the repossession, the name of the owner, the name of the repossessor, and the name of the mortgagee, lienholder, or assignee. The notification must be made at least one hour before, if possible, and in any event no later than one hour after, the repossession occurs. If the repossession takes place in an incorporated city or town, the repossessor shall notify the police department, town marshal, or other local law enforcement agency of the city or town. If the repossession takes place in the unincorporated area of a county, the repossessor shall notify the county sheriff.
(2) A repossessor who violates subsection (1) of this section commits a petty offense.
(3) If a motor or off-highway vehicle being repossessed is subject to the "Uniform Commercial Code - Secured Transactions", article 9 of title 4, C.R.S., the repossession is governed by section 4-9-629, C.R.S.
(4) As used in this section, the term "repossessor" means the party who physically takes possession of the motor or off-highway vehicle and drives, tows, or transports the vehicle for delivery to the mortgagee, lienholder, or assignee or the agent of the mortgagee, lienholder, or assignee.
C.R.S. § 42-6-147 Central registry - rules
42-6-147. Central registry - rules. (1) The director shall maintain a central registry of electronic files for all certificates of title, mortgages, liens, releases of liens or mortgages, and extensions. The authorized agents shall transmit all electronic filing information to the director for maintenance of the registry. The director shall promulgate rules:
(a) To determine when an electronic signature is acceptable for the purposes of filing certificate of title documents; and
(b) As may be necessary for the administration of electronic filing of certificates of title and all related documents.
(2) The director shall develop a plan to implement electronic filing on a statewide basis. The director shall encourage participation by the counties in an electronic filing system. The director shall begin the implementation of the electronic filing system no later than July 1, 2001, and shall complete the statewide implementation of electronic filing no later than July 1, 2006. The director may grant an exclusion from participation in the electronic filing system upon application by an individual county that demonstrates reasonable cause why electronic filing would be burdensome to the county.
C.R.S. § 42-6-148 Off-highway vehicles - sales
42-6-148. Off-highway vehicles - sales. (1) (a) Unless the owner has obtained a certificate of title for an off-highway vehicle under this article, a person shall not sell the off-highway vehicle and a vehicle dealer shall not purchase the off-highway vehicle; except that the dealer may purchase an off-highway vehicle without a certificate of title if the vehicle has never been titled and was originally purchased in:
(I) Colorado before July 1, 2014; or
(II) A foreign jurisdiction that does not or did not issue certificates of title to off-highway vehicles when purchased.
(b) If an off-highway vehicle dealer purchases an off-highway vehicle without a certificate of title, the dealer shall before finalizing the purchase require the seller to sign an affidavit that:
(I) Is made under penalty of perjury;
(II) States whether the vehicle is subject to a lien interest, and if there is a lienholder, the name of the lienholder;
(III) States that the seller owns the off-highway vehicle;
(IV) Indicates how long the seller has owned the off-highway vehicle; and
(V) Contains a warning to the seller that falsifying the affidavit is perjury because the affidavit is submitted to a public official.
(c) Upon being contacted by a powersports vehicle dealer, a law enforcement agency shall check the Colorado crime information center computer system to ascertain if the off-highway vehicle has been reported stolen. If the off-highway vehicle has been stolen, the agency shall recover and secure the vehicle and notify its rightful owner. Upon the release of the off-highway vehicle to the owner or lienholder, the agency shall adjust or delete the entry in the Colorado crime information center computer system.
(d) To obtain a title for an off-highway vehicle that an off-highway vehicle dealer purchased without a certificate of title, the dealer must present to the department an affidavit as described in paragraph (b) of this subsection (1), signed by the seller from whom the off-highway vehicle dealer acquired the off-highway vehicle.
(e) A sale or purchase made in violation of this subsection (1) is void.
(2) A current off-highway vehicle registration issued under article 14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title under this part 1 if the off-highway vehicle was first purchased in Colorado before July 1, 2014, and has been registered for at least one year.
(3) Until an off-highway vehicle is issued a certificate of title, the attachment, recording, perfection, priority, renewal, extension, modification, releasing, termination, foreclosure, and any other aspect of a security interest in an off-highway vehicle is governed by the "Uniform Commercial Code", title 4, C.R.S.
C.R.S. § 42-6-201 Definitions
42-6-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Owner" means the person who holds the legal title of a motor vehicle, but, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right to purchase upon the performance of the conditions stated in the agreement and with an immediate right to possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee, or mortgagor shall be deemed the owner.
(2) "Person" means an individual, firm, association, corporation, or partnership.
(3) "Private sale" means a sale or transfer of a used motor vehicle between two persons neither of whom is a used motor vehicle dealer.
(4) "Retail used motor vehicle sale" means a sale or transfer of a used motor vehicle from a used motor vehicle dealer to a person other than a used motor vehicle dealer.
(5) "Sale" means that the buyer of the used motor vehicle has paid the purchase price or, in lieu thereof, has signed a purchase contract or security agreement and has taken physical possession or delivery of the used motor vehicle.
(6) "Sale between used motor vehicle dealers" means a sale or transfer of a used motor vehicle from one used motor vehicle dealer to another.
(7) "Sale from an owner other than a used motor vehicle dealer to a used motor vehicle dealer" means any sale, trade-in, or other transfer of a used motor vehicle from a person other than a used motor vehicle dealer to a used motor vehicle dealer.
(8) "Used motor vehicle" means every self-propelled motor vehicle having a gross weight of less than sixteen thousand pounds that has been sold, bargained for, exchanged, given away, leased, loaned, or driven as a "company executive car" or the title to which has been transferred from the person who first acquired it from the manufacturer or importer and it is so used as to have become what is commonly known as "secondhand" within the ordinary meaning thereof. A previously untitled motor vehicle that has been driven by the dealer for more than one thousand five hundred miles, excluding mileage incurred in the transit of the motor vehicle from the manufacturer to the dealer or from another dealer to the dealer, shall be considered a "used motor vehicle". This shall not apply to any automobile manufactured before January 1, 1942.
(9) "Used motor vehicle dealer" means any licensed motor vehicle dealer, used motor vehicle dealer, or wholesaler as defined by section 44-20-102.
C.R.S. § 42-6-202 Prohibited acts - penalty
42-6-202. Prohibited acts - penalty. (1) It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed any device which causes an odometer to register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
(2) It is unlawful for any person or the person's agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.
(3) It is unlawful for any person, with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.
(4) Nothing in this part 2 shall prevent the service, repair, or replacement of an odometer, if the mileage indicated thereon remains the same as before the service, repair, or replacement. When the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero, and a notice in writing shall be attached to the left door frame of the vehicle by the owner or the owner's agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed is unlawful.
(5) It is unlawful for any transferor to fail to comply with 49 U.S.C. sec. 32705 and any rule concerning odometer disclosure requirements or to knowingly give a false statement to a transferee in making any disclosure required by such law.
(6) (a) A person who violates subsection (1), (2), or (5) of this section commits a class 2 misdemeanor.
(b) A person who violates subsection (3) of this section commits a petty offense.
C.R.S. § 42-6-203 Penalty - repeal
42-6-203. Penalty - repeal. (Repealed)
C.R.S. § 42-6-204 Private civil action
42-6-204. Private civil action. (1) Any person who, with intent to defraud, violates any requirement imposed under this part 2 shall be liable in an amount equal to the sum of:
(a) Three times the amount of actual damages sustained or three thousand dollars, whichever is greater; and
(b) In the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.
(2) An action to enforce any liability created under subsection (1) of this section must be brought within the time period prescribed in section 13-80-102, C.R.S.
(3) There shall be no liability under this section if a judgment has been entered in federal court pursuant to section 409 of the "Motor Vehicle Information and Cost Savings Act", Public Law 92-513.
C.R.S. § 42-6-205 Consumer protection
42-6-205. Consumer protection. All provisions of section 6-1-708, C.R.S., concerning deceptive trade practices in the sale of motor vehicles shall apply to the sale of used motor vehicles.
C.R.S. § 42-6-206 Disclosure requirements upon transfer of ownership of a salvage vehicle - rules - definitions
42-6-206. Disclosure requirements upon transfer of ownership of a salvage vehicle - rules - definitions. (1) Prior to sale of a vehicle rebuilt from salvage to a prospective purchaser for the purpose of selling or transferring ownership of such vehicle, the owner shall prepare a disclosure affidavit stating that the vehicle was rebuilt from salvage. The disclosure affidavit shall also contain a statement of the owner stating the nature of the damage which resulted in the determination that the vehicle is a salvage vehicle. The words "rebuilt from salvage" shall appear in bold print at the top of each such affidavit.
(2) Any person who sells a vehicle rebuilt from salvage for the purpose of transferring ownership of such vehicle shall:
(a) Provide a copy of a disclosure affidavit prepared in accordance with the provisions of subsection (1) of this section to each prospective purchaser; and
(b) Obtain a signed statement from each such purchaser clearly stating that the purchaser has received a copy of the disclosure affidavit and has read and understands the provisions contained therein.
(3) (a) Any person who purchases a vehicle rebuilt from salvage who was not provided with a copy of a disclosure affidavit prepared in accordance with the provisions of subsection (1) of this section and who, subsequent to sale, discovers that the vehicle purchased was rebuilt from salvage shall be entitled to a full and immediate refund of the purchase price from the prior owner.
(b) In the event a person is entitled to a refund under this subsection (3), the prior owner shall be required to make an immediate refund of the full purchase price to the purchaser. A signed statement from the purchaser prepared in accordance with the provisions of paragraph (b) of subsection (2) of this section shall relieve the prior owner of the obligation to make such refund.
(4) (a) Except as provided in subsection (4)(b) of this section, any owner, seller, or transferor of a vehicle rebuilt from salvage who fails to comply with the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine for a first offense not to exceed one thousand five hundred dollars and a fine of five thousand dollars for each subsequent offense.
(b) A person who violates subsection (2)(a) of this section commits a class 2 misdemeanor.
(5) The executive director of the department of revenue shall prescribe rules and regulations for the purpose of implementing the provisions of this section.
(6) As used in this section, unless the context otherwise requires:
(a) "Sale" means any sale or transfer of a vehicle rebuilt from salvage.
(b) "Salvage vehicle" shall have the same meaning as set forth in section 42-6-102 (17).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.docxFetched: 10/6/2026