Colorado § 42-7-502 - Action against nonresident - reciprocity with other states.

§ 42-7-502. Action against nonresident - reciprocity with other states.

(1) All of the provisions of this article shall apply to any person who is not a resident of this state, and if such nonresident has been convicted of an offense which would require the suspension or revocation of the license of a resident, or if such nonresident has failed to satisfy a judgment within thirty days after the same became final which would require suspension or revocation under this article in respect to a resident, then in either such event such nonresident shall not operate any motor vehicle in this state, and the director shall not issue to such nonresident any license unless and until such nonresident gives proof of financial responsibility and satisfies any such judgment as is required with respect to a resident of this state.

(2) The director shall transmit a certified copy of any record of any such conviction of a nonresident to the motor vehicle commissioner or state officer performing the functions of a commissioner in the state in which such nonresident resides and shall likewise forward to such officer a certified record of any unsatisfied judgment rendered against such nonresident which requires suspension of such nonresident's driving privileges in this state.

(3) When a nonresident's operating privilege is suspended pursuant to section 42-7-301, the director shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (4) of this section.

(4) Upon receipt of certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle crash or for failure to deposit security and furnish a statement evidencing that the resident is insured under an automobile liability insurance policy or bond or for failure to file and maintain proof of financial responsibility, under circumstances which would require the director to suspend a nonresident's operating privilege had the crash occurred in this state, the director shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of compliance with the law of such other state relating to the deposit of such security and until such resident furnishes the statement evidencing automobile liability insurance or a bond, or, as the case may be, files proof of financial responsibility, if required by such law.

Source: L. 94: Entire title amended with relocations, p. 2488, § 1, effective January 1, 1995. L. 2026: (4) amended, (HB 26-1237), ch. 117, p. 494, § 86, effective August 12.

ANNOTATION

Law reviews. For article, "A Decade of Colorado Law: Conflict of Laws, Security, Contracts and Equity", see 23 Rocky Mt. L. Rev. 247 (1951). For comment on Warwick v. District Court, 129 Colo. 300, 269 P.2d 704, appearing below, see 31 Dicta 439 (1954).

Annotator's note. Since this section is similar to repealed CSA, C. 16, § 48(1), a relevant case construing CSA, C. 16, § 48(1), has been included in the annotations to this section.

The reason for this section obviously is for the protection of persons within the border who may have reason to enforce liability upon the person so entering the state and using the highways thereof. Such a provision is not necessary, and does not apply to a person entering the state for the purpose of residing here in connection with an employment within the state, as obtains from the facts herein disclosed. For all purposes here material, the person so situated and residing within the state is in the same class as lifelong residents, and if such person is involved in an accident in this state and leaves the state shortly thereafter, it is immaterial. Warwick v. District Court, 129 Colo. 300, 269 P.2d 704 (1954).

Nonresident subject to act and secretary of state is his attorney for service of process. The provisions of this section were intended to, and do, clearly indicate that whenever a resident of some other state crosses the border line into this state, whether on a drive across the country, or for a short sojourn, he has subjected himself to the provisions of the statute, and by such entry made the secretary of state his true and lawful attorney upon whom service may be had if the person is involved in any accident or collision upon the public highway while operating a motor vehicle thereon. If the time involved is only one hour or less in crossing a corner of the state, or into and out thereof, such appointment is in full force and effect. Warwick v. District Court, 129 Colo. 300, 269 P.2d 704 (1954).