Colorado § 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.)

Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1, 1995. L. 2000: Entire section amended, p. 1669, § 27, effective July 1, 2001. L. 2002: (1) amended, p. 1563, § 375, effective October 1; (3) amended, p. 635, § 1, effective January 1, 2003. L. 2004: (3) amended, p. 931, § 1, effective July 1. L. 2005: Entire section amended, p. 819, § 25, effective August 8. L. 2013: (1) amended, (SB 13-280), ch. 407, p. 2392, § 31, effective June 5. L. 2014: Entire section amended, (HB 14-1100), ch. 122, p. 434, § 5, effective August 6. L. 2021: (1)(d) amended, (SB 21-271), ch. 462, p. 3320, § 754, effective March 1, 2022.

Editor's note: This section is similar to former § 42-6-134 as it existed prior to 1994, and the former § 42-6-136 was relocated to § 42-6-138.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Annotator's note. Since § 42-6-136 is similar to § 42-6-134 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included in the annotations to this section.

Legislative intent. The general assembly amended this section in 1976 in an effort to thwart the use of a vehicular theft device known as the "salvage switch". Colorado Auto & Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo. 1980).

Section is not invalid as improper delegation of legislative authority to the department of revenue. Colorado Auto & Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo. 1980).

"Salvage" connotes the secondary or scrap value of a motor vehicle stemming from a state of damage or disrepair that renders the vehicle unsuitable for its originally intended use on the public highways in the absence of major alteration or repair. Colorado Auto & Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo. 1980).

"Sold or otherwise disposed of as salvage" is sufficiently definite so as to provide notice to potential wrongdoers of the proscribed conduct and to protect against discriminatory enforcement. Colorado Auto & Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo. 1980).