Colorado § 42-7-103 - Definitions.

§ 42-7-103. Definitions.

As used in this article 7, unless the context otherwise requires:

(1) Repealed.

(2) "Automobile liability policy" or "bond" means a liability policy or bond subject, if the crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one crash and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one crash, and, if the crash has resulted in injury to or destruction of property, to a limit of not less than fifteen thousand dollars because of injury to or destruction of property of others in any one crash.

(3) "Conviction" means conviction in any court of record or municipal court, and such conviction shall include a plea of guilty, a plea of nolo contendere accepted by the court, the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court which forfeiture has not been vacated, and the acceptance and payment of a penalty assessment under the provisions of section 42-4-1701 or under the similar provisions of any town or city ordinance.

(3.5) "Crash" means a motor vehicle collision or incident occurring on public or private property within the state, including events involving motor vehicles, vulnerable road users as defined in section 42-4-1402.5 (1), or other transportation devices.

(4) "Department" means the department of revenue acting directly or through its duly authorized officers and agents.

(5) "Director" means the executive director of the department of revenue.

(6) "Driver" means every person who is in actual physical control of a motor vehicle upon a highway.

(6.5) (a) "Evidence of insurance" means proof given by the insured in person to the department that the insured has a complying policy in full force and effect. Proof may be made through presentation of a copy of such complying policy or a card issued to the insured as evidence that a complying policy is in full force and effect. A card issued to the insured as evidence that a complying policy is in full force and effect may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.

(b) For purposes of this subsection (6.5), "complying policy" means a policy of insurance as required by part 6 of article 4 of title 10, C.R.S.

(7) "License" means any license, temporary instruction permit, or temporary license issued under laws of this state pertaining to the licensing of persons to operate motor vehicles, or, with respect to any person not licensed, the term means any operating privilege or privileges to apply for such license.

(8) (a) "Motor vehicle" means a vehicle that is self-propelled, including trailers and semitrailers designed for use with such vehicles and every vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(b) "Motor vehicle" does not include an electric scooter, as defined in section 42-1-102.

(9) "Motor vehicle liability policy", "operators' policy of liability insurance", or "financial responsibility bond" means a policy or bond certified as proof of financial responsibility for the future.

(10) "Nonresident" means every person who is not a resident of this state.

(11) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the nonresident of a motor vehicle.

(12) "Owner" means a person who holds the legal title of the vehicle; or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this article.

(13) "Person" means every natural person, firm, partnership, association, or corporation.

(14) (a) "Proof of financial responsibility for the future", also referred to in this article 7 as proof of financial responsibility, means proof of ability to respond in damages for liability, on account of crashes occurring after the effective date of said proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in any one crash, and, subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one crash, and in the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one crash.

(b) For purposes of this title, the form known as the "SR-22" furnished to the department may be used as proof of financial responsibility in compliance with this article.

(15) "State" means any state of the United States, the District of Columbia, or any province of Canada.

(16) (a) "Transportation contract" means a contract, agreement, or understanding, whether written or oral, express or implied, between a motor carrier and another party regarding:

(I) The transportation of property by motor vehicle for compensation or hire;

(II) Entrance on property for the purpose of loading, unloading, or transporting property by motor vehicle for compensation or hire; or

(III) Access or services incidental or related to an activity described in subparagraph (I) or (II) of this paragraph (a).

(b) "Transportation contract" does not include:

(I) A contract, subcontract, or agreement that concerns or affects transportation involving a railroad;

(II) The uniform intermodal interchange and facilities access agreement administered by the intermodal association of North America; or

(III) Any other agreement providing for the interchange, use, or possession of an intermodal chassis or container or other intermodal equipment.

Source: L. 94: Entire title amended with relocations, p. 2473, § 1, effective January 1, 1995. L. 95: (6.5) added and (14) amended, p. 708, § 3, effective May 23; (6.5) amended, p. 1215, § 1, effective July 1. L. 2004: (6.5)(b) amended, p. 794, § 4, effective May 21. L. 2013: (6.5)(a) amended, (HB 13-1159), ch. 101, p. 322, § 3, effective August 7. L. 2014: (16) added, (HB 14-1065), ch. 63, p. 283, § 1, effective March 24. L. 2019: IP and (8) amended, (HB 19-1221), ch. 271, p. 2565, § 17, effective May 23. L. 2026: (1) repealed, (2) and (14)(a) amended, and (3.5) added, (HB 26-1237), ch. 117, p. 489, § 76, effective August 12.

ANNOTATION

Subsection (12) of this section concerning motor vehicles shows the purpose of declaring that a person who owns the legal title to a vehicle shall be deemed the owner. Registration can only be issued to the owner and in the event certain things occur, then the registration is to be cancelled and registration plates suspended, unless the owner makes a showing of beneficial responsibility, gives bond, or procures necessary insurance. Ferguson v. Hurford, 132 Colo. 507, 290 P.2d 229 (1955) (decided under repealed § 13-7-1, C.R.S. 1963).

Family car doctrine inapplicable. Where defendant holds the automobile's title jointly with her husband, and the defendant is not the head of the household, bare legal title alone is insufficient to justify the application of the family car doctrine. Lee v. Degler, 169 Colo. 226, 454 P.2d 937 (1969).

Section 10-4-319 (now § 10-4-609) incorporates the minimum limits for bodily injury or death as set forth in this article. Nationwide Mut. Ins. Co. v. Hillyer, 32 Colo. App. 163, 509 P.2d 810 (1973).

Loss of consortium not separate injury required to be insured. Nothing in § 10-4-319 (now § 10-4-609) and this section suggests that the General Assembly considered loss of consortium to be a separate bodily injury which must be insured against in all insurance policies. Arguello v. State Farm Mut. Auto. Ins. Co., 42 Colo. App. 372, 599 P.2d 266 (1979).

Subsection (2) of this section and § 10-4-609 (1), when read together, clearly establish the intent of the General Assembly to provide a mechanism by means of which an insured might purchase insurance coverage for protection against loss caused by the conduct of a negligent and financially irresponsible motorist. Kral v. Am. Hardware Mut. Ins. Co., 784 P.2d 759 (Colo. 1989).

Insurance coverage is not based on the number of uninsured or underinsured tortfeasors causing an accident, nor must an insurer provide separate uninsured and underinsured coverage for every driver involved in an accident with its insured. Farmers Ins. Exch. v. Star, 952 P.2d 809 (Colo. App. 1997).

When considered together, subsection (3) of this section and § 10-4-609 reflect a clear legislative purpose to place an injured party having uninsured motorist coverage in the same position as if the uninsured motorist had been insured. Any agreement to reduce the amount of benefits an insured might receive under an uninsured motorist clause of an insurance contract must be viewed in light of this legislative intent. Kral v. Am. Hardware Mut. Ins. Co., 784 P.2d 759 (Colo. 1989).

Provision in insurance policy that allowed the insurer to set off benefits received from workers' compensation was, in effect, the reduction of uninsured motorist coverage in contravention of the established minimums, and this result was contrary to public policy. Nationwide Mut. Ins. Co. v. Hillyer, 32 Colo. App. 163, 509 P.2d 810 (1973).

An "SR-22" submitted in the name of the vehicle owner's son, along with a standard liability insurance policy in the owner's name, does not constitute proof of financial responsibility for the future; subsection (14) is clear and unambiguous. Zelenoy v. Colo. Dept. of Rev., 192 P.3d 538 (Colo. App. 2008).

PART 2

ADMINISTRATION