Colorado § 42-4-1802 - Definitions.

§ 42-4-1802. Definitions.

As used in this part 18, unless the context otherwise requires:

(1) "Abandoned motor vehicle" means:

(a) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, outside the limits of any incorporated town or city for a period of forty-eight hours or longer;

(b) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, within the limits of any incorporated town or city for a period longer than any limit prescribed by any local ordinance concerning the abandonment of motor vehicles or, if there is no such ordinance, for a period of forty-eight hours or longer;

(c) Any motor vehicle stored in an impound lot at the request of a law enforcement agency and not removed from the impound lot within seventy-two hours after the time the law enforcement agency notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees;

(d) A motor vehicle fitted with an immobilization device that is on public property and deemed to be abandoned pursuant to section 42-4-1105 (7)(c); or

(e) Any motor vehicle left unattended at a regional transportation district parking facility, as defined in section 32-9-119.9 (6), C.R.S., that is deemed to be abandoned pursuant to section 32-9-119.9 (4)(b), C.R.S.

(2) "Agency employee" means any employee of the department of transportation or other municipal, county, or city and county agency responsible for highway safety and maintenance.

(3) (Deleted by amendment, L. 2009, (HB 09-1279), ch. 170, p. 763, § 1, effective August 5, 2009.)

(4) "Appraisal" means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by any employee of the Colorado state patrol or of any sheriff's or police department whose appointment for such purpose has been reported by the head of the appointing agency to the executive director of the department.

(5) "Disabled motor vehicle" means any motor vehicle that is stopped or parked, either attended or unattended, upon a public right-of-way and that is, due to any mechanical failure or any inoperability because of a collision, a fire, or any other such injury, temporarily inoperable under its own power.

(6) "Impound lot" means a parcel of real property that is owned or leased by a government or operator at which motor vehicles are stored under appropriate protection.

(7) "Operator" means a person or a firm licensed by the public utilities commission as a towing carrier.

(8) "Public property" means any real property having its title, ownership, use, or possession held by the federal government; this state; or any county, municipality, as defined in section 31-1-101 (6), C.R.S., or other governmental entity of this state.

(9) "Responsible law enforcement agency" means the law enforcement agency authorizing the original tow of an abandoned motor vehicle, whether or not the vehicle is towed to another law enforcement agency's jurisdiction.

Source: L. 2002: Entire part amended with relocations, p. 468, § 1, effective July 1. L. 2006: (1)(d) added, p. 172, § 2, effective July 1. L. 2007: (1)(e) added, p. 1002, § 2, effective July 1. L. 2009: (3) and (7) amended, (HB 09-1279), ch. 170, p. 763, § 1, effective August 5.

ANNOTATION

Annotator's note. Since § 42-4-1802 is similar to § 42-4-1802 as it existed prior to the 2002 amendment to part 18 of article 4 of title 42, which resulted in the relocation of provisions, relevant cases decided under former provisions similar to that section have been included in the annotations to this section.

"Disabled" vehicle under former subsection (2). Where the lights on a vehicle fail at a point on the highway where the shoulder of the road is not wide enough to permit the parking of the vehicle off of the pavement and under circumstances rendering it dangerous to move the vehicle, the vehicle was disabled within the meaning of former subsection (2). Anderson v. Hudspeth Pine, Inc., 299 F.2d 874 (10th Cir. 1962).

Vehicle not "disabled". Where motorists stopped automobile partially on paved highway for purpose of removing frost which had entirely covered windshield, the automobile was not "disabled" within meaning of former subsection (2). Dillon v. Sterling Rendering Works, 106 Colo. 407, 106 P.2d 358 (1940).