Colorado § 42-4-2202 - Transfer for recycling.

§ 42-4-2202. Transfer for recycling.

(1) No person who is not a licensed motor vehicle dealer shall purchase or otherwise receive a motor vehicle to recycle the vehicle, unless:

(a) The seller or transferor is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer;

(b) The seller or transferor provides a completed bill of sale on a form prescribed by the department of revenue; or

(c) The receiver or purchaser complies with subsection (2) of this section.

(2) (a) A person other than a licensed motor vehicle dealer who purchases or otherwise receives a motor vehicle for the purpose of recycling the vehicle shall keep the vehicle for seven business days before recycling unless the seller or transferor:

(I) Is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer; or

(II) If the purchaser or transferee is an operator selling an abandoned motor vehicle pursuant to part 18 or 21 of this article or a licensed motor vehicle dealer or used motor vehicle dealer, provides a completed bill of sale on a form prescribed by the department of revenue.

(b) During the seven-day waiting period:

(I) The motor vehicle, the bill of sale, a copy of the system inquiry results, and, if applicable, the daily record required pursuant to section 42-5-105 shall be open at all times during regular business hours to inspection by the department of revenue or any peace officer; and

(II) The receiver or purchaser shall submit the vehicle identification number to the system.

(3) Any person who violates this section commits a petty offense.

Source: L. 2006: Entire part added, p. 205, § 3, effective July 1. L. 2007: Entire part amended, p. 1627, § 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3317, § 742, effective March 1, 2022.

Cross references: For penalties for petty offenses, see § 18-1.3-503.

ANNOTATION

Statute is not impermissibly vague in all of its applications. Metal Mgmt. W., Inc. v. State, 251 P.3d 1164 (Colo. App. 2010).

Definition of motor vehicle in § 42-1-102 (58) is controlling and the alternative definition in § 42-5-101 (5) is not. Metal Mgmt. W., Inc. v. State, 251 P.3d 1164 (Colo. App. 2010).

In the context of the motor vehicle recycling statutes, the definition of a motor vehicle contained in § 42-1-102 (58) connotes any motor vehicle that is or was self-propelled. Metal Mgmt. W., Inc. v. State, 251 P.3d 1164 (Colo. App. 2010).