Colorado § 42-5-105 - Daily record.

§ 42-5-105. Daily record.

(1) (a) It is the duty of every dealer, and of the proprietor of every garage, to keep and maintain in such person's place of business an easily accessible and permanent daily record of all secondhand or used motor vehicle equipment, attachments, accessories, and appurtenances bought, sold, traded, exchanged, dealt in, repaired, or received or disposed of in any manner or way by or through the dealer or proprietor. The record may be created, recorded, stored, or reproduced physically or electronically.

(b) The record shall be kept in a good businesslike manner in the form of invoices or in a book by the dealer or proprietor and shall contain the following:

(I) A description of any and all such articles of property of every class or kind sufficient for the ready identification thereof by a peace officer;

(II) The name and address, legibly written, of the owner, vendor, and vendee;

(III) The time and date of such transactions;

(IV) The name, address, and a copy of the identification document of the driver and the owner of a motor vehicle received for any purpose; except that a licensed motor vehicle dealer or used motor vehicle dealer is not required to obtain or retain a copy of an identification document if the dealer complies with part 1 of article 20 of title 44;

(V) The model year, make and style, and engine or vehicle identification number and state registration license number of such motor vehicle if registered; and

(VI) The purpose the motor vehicle was received and the disposition made thereof.

(c) The record shall be open and the motor vehicle shall be available at all times during regular business hours to the inspection by the department of revenue or any peace officer and available for use as evidence.

(2) It is the duty of every person offering to a dealer, or to the proprietor of a garage, for any purpose, a motor vehicle or secondhand or used motor vehicle equipment, attachment, accessory, or appurtenance to:

(a) Write or register, as legibly as possible, the full and true name and address of the person and the name and address of the owner in the record kept by such dealer or proprietor of a garage as provided for in this section; and

(b) Present a valid identification document verifiable by federal or state law enforcement. The following documents, without limitation, shall be deemed to comply with this paragraph (b):

(I) An identification document issued by the state of Colorado;

(II) An identification document issued by any other state;

(III) An identification document issued by the United States government;

(IV) A passport issued by the United States government or another jurisdiction.

(3) It is the duty of every driver, upon taking a motor vehicle to any dealer's place of business or to any garage for storage, repair, sale, trade, or any other purpose, to write or register, as legibly as possible, with ink or indelible pencil, the full and true name and address of the driver and the name and address of the owner of such motor vehicle in the record provided for in this section. Such driver shall not be required, however, to so register the same motor vehicle more than once in the same garage in any calendar year when the driver is personally known to the dealer or the proprietor of the garage to be in the rightful and lawful possession of such motor vehicle. Such driver, on request or demand of such dealer or proprietor of a garage, or his or her agent, shall produce for examination the motor vehicle state registration license certificate issued to such driver or to the owner of such motor vehicle.

(4) Any person violating any provision of this section commits a civil infraction.

Source: L. 94: Entire title amended with relocations, p. 2441, § 1, effective January 1, 1995. L. 2007: (1) and (2) amended, p. 1628, § 2, effective July 1. L. 2017: (1)(b)(IV) amended, (SB 17-240), ch. 395, p. 2067, § 56, effective July 1. L. 2018: (1)(b)(IV) amended, (SB 18-030), ch. 7, p. 143, § 23, effective October 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3319, § 747, effective March 1, 2022.

Cross references: For penalties for civil infractions, see § 18-1.3-503.

ANNOTATION

A dealer or garage is not required to record the vehicle identification number of motor vehicle parts. The statute requires this only for motor vehicles, as defined in § 42-5-101 (5). Metal Mgmt. W., Inc. v. State, 251 P.3d 1164 (Colo. App. 2010).