Colorado § 42-9-102 - Definitions.

§ 42-9-102. Definitions.

As used in this article 9, unless the context otherwise requires:

(1) "Auto parts recycler" means any person who purchases motor vehicles for the purpose of dismantling and selling the components thereof and who complies with all federal, state, and local regulations. "Auto parts recycler" includes a vehicle dismantler.

(1.2) "Customer" means the owner, the agent of the owner, or a family member, employee, or any other person whose use of the vehicle is authorized by the owner.

(1.5) "Estimate" means a written or oral assessment that describes structural damage to or mechanical needs of a motor vehicle. The estimate shall include total estimated costs of repair, excluding sales taxes and towing charges, together with a statement as to whether any parts to be installed are new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt.

(1.6) "Inflatable restraint system" has the same meaning as is set forth in 49 CFR sec. 507.208 S4.1.5.1 (b).

(1.7) "Invoice" means the final statement for services rendered.

(2) (a) "Motor vehicle" means every self-propelled vehicle intended primarily for use and operation on the public highways.

(b) The term does not include:

(I) Trucks and truck tractors having a gross vehicle weight of more than eight thousand five hundred pounds;

(II) Farm tractors and other machines and tools used in the production, harvesting, and care of farm products; or

(III) Motorcycles or autocycles.

(3) "Motor vehicle repair facility" means any natural person, partnership, corporation, trust, association, or group of persons associated in fact although not a legal entity which, with intent to make a profit or a gain of money or other thing of value, engages in the business or occupation of performing repairs on a motor vehicle, including repairs on body parts. The term "motor vehicle repair facility" includes a motor vehicle repair garage.

(4) "Necessary" means essential to a desired or projected end as stated by the customer or indispensable to avoid loss or damage.

(5) "Repairs on a motor vehicle" or "repairs" includes maintenance, diagnosis, repairs, service, and parts replacement but does not include washing the vehicle or adding gasoline or oil to the vehicle.

(6) "Work order" means a document that a customer signs to authorize repairs. "Work order" may include an estimate.

Source: L. 94: Entire title amended with relocations, p. 2500, § 1, effective January 1, 1995. L. 97: (3) amended and (1.5), (1.7), and (6) added, p. 857, § 1, effective May 21; (1) amended and (1.2) and (1.6) added, p. 796, § 2, effective August 6. L. 2022: IP and (2) amended, (HB 22-1043), ch. 361, p. 2588, § 29, effective January 1, 2023.

Editor's note: (1) This section is similar to former § 42-11-102 as it existed prior to 1994.

(2) Subsection (1.6) was originally numbered as (1.5) in House Bill 97-1098 but was renumbered on revision for ease of location.

ANNOTATION

"Customer" means owner but does not unambiguously include a transferee or subsequent owner. The inclusion of such owners in the term "customer" would not be consistent with the use of that word elsewhere in the Motor Vehicle Repair Act. Frisone v. Deane Automotive Center, Inc., 942 P.2d 1215 (Colo. App. 1996).

The word "motor vehicle" includes a vehicle sold for use on the highway or normally used on the highway. The statutory definition does not limit the definition to vehicles that are not currently legal to drive on the roadway. Sanchez v. Rains Precision Motorsports, 2025 COA 40, 570 P.3d 1078.

The word "repairs" covers replacing parts that are not working correctly. Even if a new part is intended to increase performance, replacing a part that is not working correctly is a repair. Sanchez v. Rains Precision Motorsports, 2025 COA 40, 570 P.3d 1078.

"[P]arts replacement" is not restricted to exclude aftermarket parts. Sanchez v. Rains Precision Motorsports, 2025 COA 40, 570 P.3d 1078.