Colorado § 42-3-105 - Application for registration - tax - definitions.

§ 42-3-105. Application for registration - tax - definitions.

(1) (a) Application for the registration of a vehicle required to be registered under this article shall be made by the owner or the owner's agent and, if applicable, simultaneously with the application for certificate of title, as required by this section. The application for registration, which shall be in writing and signed by the owner of the vehicle or the owner's duly authorized agent, shall include:

(I) The name of the applicant;

(II) The name and correct address of the owner determined pursuant to section 42-6-139, designating the county, school district, and city or town within the limits of which the owner resides;

(III) A description of the motor vehicle in a form required by the department;

(IV) The purpose for which the vehicle is used;

(V) Whether the vehicle is a commercial vehicle;

(VI) The notice described in subsection (2) of this section;

(VII) Whether the applicant requests that the department should, if it approves the application, mail to the owner the license plate required under this article; and

(VIII) Any other pertinent information as required by the department, including but not limited to a class B, class C, class D, or class F vehicle owner's or registrant's personal identification number as provided on a state-issued driver's license or assigned by the department.

(b) An application for new registration of a vehicle shall include the primary body color of the motor vehicle. A motor vehicle registration application submitted in person to an authorized agent or department office for a previously registered motor vehicle shall include the primary body color of the motor vehicle.

(c) (I) Except as provided in subsection (1)(c)(I.5) of this section, the department may require those vehicle-related entities specified by rule to verify information concerning any vehicle through the physical inspection of the vehicle. The information required to be verified by a physical inspection must include:

(A) The vehicle identification number or numbers;

(B) The make of vehicle;

(C) The vehicle model;

(D) The type of vehicle;

(E) The year of manufacture of such vehicle;

(F) The primary body color of such vehicle;

(G) The type of fuel used by such vehicle; and

(H) Repealed.

(I) Such other information as required by the department.

(I.5) The department shall not require a physical inspection as a condition for registration of a vehicle if:

(A) The applicant for a new registration 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 registered in another county of the state.

(II) For the purposes of this subsection (1)(c), "vehicle-related entity" means an authorized agent, designated employee of an authorized agent, any Colorado law enforcement officer, any licensed Colorado dealer, any licensed inspection and readjustment station, or any licensed diesel inspection station.

(d) (I) The department or its authorized agents shall not register a motor vehicle or low-power scooter unless the applicant has a complying motor vehicle insurance policy pursuant to part 6 of article 4 of title 10, C.R.S., or a certificate of self-insurance in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S. The requirements of this paragraph (d) apply only to motor vehicles classified as Class C personal property under section 42-3-106 (2)(c), to light trucks that do not exceed sixteen thousand pounds empty weight, to sports utility vehicles that are classified as Class B personal property under section 42-3-106 (2)(b), or to low-power scooters. The applicant shall provide the department or its authorized agents with the proof of insurance certificate or insurance identification card provided to the applicant by the applicant's insurer pursuant to section 10-4-604.5, C.R.S., or provide proof of insurance in such other media as is authorized by the department. Nothing in this paragraph (d) shall be interpreted to preclude the department from electronically transmitting insurance information to designated agents pursuant to section 42-7-604 for the purpose of ensuring compliance with mandatory insurance requirements.

(II) Any person who knowingly provides fraudulent information or documents pursuant to subsection (1)(d)(I) of this section to obtain registration of a motor vehicle or low-power scooter commits a class 2 misdemeanor and is subject to the civil penalties provided under section 42-6-139 (4).

(e) The department shall establish a set of standard color descriptions for use in identifying the primary body color of a motor vehicle. An application that specifies the primary body color shall use the standard color descriptions of the department to identify the primary body color of the motor vehicle.

(f) The owner of a motor vehicle that is required to be registered under this article need not comply with subparagraph (I) of paragraph (d) of this subsection (1) if such owner signs and submits to the department in compliance with this paragraph (f) a written statement of nonuse. Such written statement of nonuse shall include:

(I) The name, date of birth, driver's license number, and address of the motor vehicle's owner;

(II) The make, year, and vehicle identification number of the motor vehicle;

(III) The time period during which such vehicle will not be operated and a statement that the owner is neither operating such vehicle nor permitting any other person to operate such vehicle during the time period stated; and

(IV) Proof that the owner currently has insurance coverage under subparagraph (I) of paragraph (d) of this subsection (1).

(2) Upon applying for registration, the owner of a motor vehicle or low-power scooter shall receive a written notice printed on the application for registration in type that is larger than the other information contained on the application for registration. The department shall advise the applicant in the notice that motor vehicle insurance or operator's coverage is compulsory in Colorado, that noncompliance is a misdemeanor traffic offense, that the minimum penalty is a five-hundred-dollar fine, that the maximum penalty is one year's imprisonment and a one-thousand-dollar fine, and that the owner is required as a condition of registering the vehicle to either:

(a) Sign a statement of nonuse under paragraph (f) of subsection (1) of this section; or

(b) Provide proof of insurance under paragraph (d) of subsection (1) of this section.

(3) The owner of such vehicle or the owner's agent shall, upon filing the application for registration, pay such fees as are prescribed by sections 42-3-304 to 42-3-306, together with the annual specific ownership tax on the motor vehicle, trailer, semitrailer, or trailer coach for which the license is to be issued.

(3.5) (a) A person registering a motor vehicle that is not a commercial vehicle and is a passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle may decline to pay the keep Colorado wild pass fee assessed pursuant to section 33-12-108 (4)(b). Nonpayment of the pass fee does not affect a person's ability to register a motor vehicle.

(b) As used in this subsection (3.5), unless the context otherwise requires:

(I) "Keep Colorado wild pass" has the meaning set forth in section 33-12-108 (3)(d).

(II) "Light-weight truck" has the meaning set forth in section 33-12-108 (3)(e).

(III) "Pass fee" has the meaning set forth in section 33-12-108 (3)(i).

(4) (a) A motor vehicle dealer or used motor vehicle dealer licensed under article 6 of this title may act as an authorized agent of the department for the purposes of compliance with this section and collection of fees required for the registration of low-power scooters required by this article. When the owner of the low-power scooter complies with this section, the dealer shall forward to the department an affidavit swearing that the owner has insurance, the statement required by subsection (2) of this section, and the fees required by part 3 of this article for the registration of a low-power scooter.

(b) Notwithstanding any provision of law to the contrary, in a civil action for damages or indemnification resulting from the operation of a motor vehicle, a motor vehicle dealer, used motor vehicle dealer, or employee thereof shall not be liable for an act or omission arising as a result of the dealer or employee performing the functions of an agent pursuant to this subsection (4).

(c) Upon finding a pattern of failure to comply with the requirements of paragraph (a) of this subsection (4), the department may withdraw a motor vehicle dealer's or used motor vehicle dealer's authorization to act as an agent of the department.

Source: L. 2005: Entire article amended with relocations, p. 1076, § 2, effective August 8; (1)(a) amended, p. 693, § 1, effective January 1, 2007. L. 2006: (1)(a)(II) and (1)(d)(I) amended, pp. 1509, 1510, §§ 65, 66, 67, effective June 1; (1)(d)(I) amended, p. 1015, § 11, effective July 1. L. 2007: (1)(a)(VIII) amended, p. 496, § 2, effective August 3. L. 2008: (2) amended, p. 1917, § 142, effective August 5. L. 2009: (1)(d) and (2) amended and (4) added, (HB 09-1026), ch. 281, p. 1266, § 27, effective July 1, 2010. L. 2014: (2) amended, (SB 14-131), ch. 388, p. 1941, § 1, effective July 1. L. 2017: IP(1)(c)(I) amended and (1)(c)(I.5) added, (HB 17-1105), ch. 44, p. 129, § 1, effective March 16; (1)(c)(II) amended, (HB 17-1107), ch. 101, p. 367, § 11, effective August 9. L. 2018: (1)(c)(I)(G) amended and (1)(c)(I)(H) repealed, (SB 18-102), ch. 77, p. 661, § 2, effective August 8. L. 2021: (3.5) added, (SB 21-249), ch. 273, p. 1589, § 6, effective September 7; (1)(d)(II) amended, (SB 21-271), ch. 462, p. 3303, § 719, effective March 1, 2022.

Editor's note: (1) Amendments to subsection (1)(a) by House Bill 05-1107 and House Bill 05-1019 were harmonized, effective January 1, 2007.

(2) Amendments to subsection (1)(d)(I) by House Bill 06-1178 and House Bill 06-1391 were harmonized.

(3) Section 137 of Senate Bill 09-292 changed the effective date of subsections (1)(d), (2), and (4) from October 1, 2009, to July 1, 2010.

Cross references: For the legislative declaration in SB 18-102, see section 1 of chapter 77, Session Laws of Colorado 2018.

ANNOTATION

Annotator's note. Since § 42-3-105 is similar to § 42-3-105 as it existed prior to the 2005 amendment to article 3 of title 42, which resulted in the relocation of provisions, relevant cases construing former provisions similar to that section have been included in the annotations to this section.

The purpose of the act is to make automobile titles more safe and certain, to protect those who deal therein and to obviate the necessity of relying upon circumstantial evidence as to the ownership thereof. Blevins v. Truitt, 134 Colo. 88, 299 P.2d 1100 (1956).

The purpose of requiring the name of the owner in the registration of a motor vehicle is for the proper identification of the registrant; it follows that a person is more readily identified by the name he habitually uses, and a regulation which requires an applicant to use a first name rather than an initial, which would actually hinder identification, contravenes the legislative intent and is unlawful. Blevins v. Truitt, 134 Colo. 88, 299 P.2d 1100 (1956).

Director of revenue not authorized to require registration in name not regularly used. This section authorizing the director of revenue to make regulations governing the registration of motor vehicles, including the name and address of the owner and "any other information required by the department", does not authorize adoption of a regulation defining "name of owner" so as to require registration in a name other than that regularly used by the applicant. Blevins v. Truitt, 134 Colo. 88, 299 P.2d 1100 (1956).

Payment of specific ownership tax tied to filing of registration application. While § 42-3-123 does not in so many words mention "specific ownership tax", it does provide for "registration". And this section provides that the owner, upon filing an application for "registration", shall pay, among other fees, the "annual specific ownership tax on the vehicle for which the license is to issue". So, payment of the specific ownership tax is thereby necessarily tied into the act of filing an application for registration. Bd. of County Comm'rs v. E. J. Rippy & Sons, 161 Colo. 261, 421 P.2d 461 (1966).