(1) (a) If a vehicle subject to taxation under this article 3 is not registered when required by law, the vehicle owner shall pay:
(I) A late fee of twenty-five dollars for each month or portion of a month following the expiration of the registration period, or, if applicable, the expiration of the grace period described in section 42-3-114 for which the vehicle is unregistered; except that the amount of the late fee must not exceed one hundred dollars; and
(II) In addition to the taxes and fees to register the vehicle, prorated registration taxes and fees from the date the vehicle was required by law to be registered to the date the owner applied to register the vehicle. Prorated taxes and fees are assessed for a full month for the month the owner became a resident of Colorado and for the month the owner applied for registration and a full month for each month between when the owner became a resident and when the owner applied for registration.
(b) Both the late fee and prorated registration taxes and fees imposed in this subsection (1) are due when the vehicle is registered.
(1.5) (a) Notwithstanding subsection (1) of this section, the executive director of the department shall promulgate rules that establish circumstances in addition to the circumstances described in subsection (3) of this section in which a vehicle owner is exempt from paying the late fee described in subsection (1) of this section. The rules must apply uniformly throughout the state and must include exemptions for:
(I) Acts of God and weather-related delays;
(II) Office closures and furloughs;
(III) Repealed.
(IV) Medical hardships; and
(V) Information technology failures.
(b) The executive director of the department shall also promulgate rules in accordance with article 4 of title 24, C.R.S., that allow the department or an authorized agent to reduce or waive the late fee that would otherwise be due upon the registration of a trailer that is a commercial or farm vehicle, as part of the normal operation, if the owner can establish, in accordance with criteria specified in the rules, that the trailer was idled so that it was not operated on any public highway in this state for at least a full registration period. Nothing in this paragraph (b) shall be construed to exempt the owner of an idled trailer from paying any fees imposed pursuant to this article other than the late fee before again operating the trailer on a public highway in this state or from paying any taxes imposed pursuant to this article. The owner shall provide to the department or authorized agent a sworn affidavit that states that the trailer has not been operated on the public highways during the period for which it was not registered as required and describes the nature of the business conditions that resulted in the removal of the trailer from service.
(c) The executive director of the department shall consult with the authorized agents in promulgating the rules required by subsection (1.5)(a) of this section.
(1.7) (a) Notwithstanding subsection (1) of this section, the owner of the following vehicles that are subject to taxation under this article 3 who fails to register the vehicle when required by law shall pay a late fee of ten dollars:
(I) A vehicle without motive power that weighs sixteen thousand pounds or less; or
(II) A camper trailer, trailer coach, or multipurpose trailer regardless of its weight.
(b) For purposes of this subsection (1.7), the weight of a trailer of any kind is the empty weight.
(2) Ten dollars of the late registration fee shall be retained by the department or the authorized agent who registers the motor vehicle. Each authorized agent shall remit to the department no less frequently than once a month, but otherwise at the time and in the manner required by the executive director of the department, the remainder of the late registration fees collected by the authorized agent. The executive director shall forward all late registration fees remitted by authorized agents plus the remainder of the late registration fees collected directly by the department to the state treasurer, who shall credit the fees to the highway users tax fund in accordance with section 43-4-804 (1)(e), C.R.S.
(3) The late fee described in subsection (1) of this section shall not be imposed on a vehicle subject to taxation under this article if:
(a) The person who owns the vehicle uses the vehicle in operating a commercial business and, as part of the normal operation of the business, idles the vehicle so that it is not operated on any public highway in this state for at least one full registration period. Nothing in this paragraph (a) shall be construed to exempt the owner of an idled vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article.
(b) The person who owns the vehicle is in the active military service of the United States and is serving outside the state when a registration period and grace period for renewal of registration for the vehicle end and the vehicle is not operated on any public highway of the state between the time the registration period and grace period end and the time the vehicle is reregistered. Nothing in this paragraph (b) shall be construed to exempt the owner of such a vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article.
(c) The vehicle registration expired during the period the vehicle was reported stolen.
Source: L. 2005: Entire section amended, p. 395, � 1, effective July 1; entire article amended with relocations, p. 1094, � 2, effective August 8. L. 2009: Entire section amended, (SB 09-108), ch. 5, p. 50, � 7, effective March 2; (3)(c) added, (HB 09-1230), ch. 232, p. 1068, � 5, effective August 5. L. 2010: (1.5) added, (HB 10-1212), ch. 126, p. 419, � 1, effective April 15; (1.7) added, (HB 10-1211), ch. 323, p. 1500, � 1, effective July 1; (1.7) amended, (SB 10-198), ch. 377, p. 1771, � 1, effective July 1. L. 2017: (1.5)(c) amended, (HB 17-1107), ch. 101, p. 367, � 13, effective August 9. L. 2022: (1) and IP(1.5)(a) amended and (1.5)(a)(III) repealed, (HB 22-1254), ch. 428, p. 3027, � 3, effective January 1, 2023; (1.7) amended, (HB 22-1388), ch. 475, p. 3460, � 3, effective January 1, 2023.
Editor's note: (1) This section is similar to former � 42-3-111 as it existed prior to 2005, and portions of the former � 42-3-112 were relocated to �� 42-3-113, 42-3-209, and 42-3-210.
(2) This section was originally numbered as � 42-3-111, and the amendments to it in House Bill 05-1140 were harmonized with � 42-3-112 as it appears in House Bill 05-1107.
Cross references: For the short title (the Colorado Registration Fairness Act) in HB 22-1254, see section 1 of chapter 428, Session Laws of Colorado 2022.
42-3-113. Records of application and registration - disability of a driver - rules - report - definitions. (1) The department shall file each application received and, when satisfied that the applicant is entitled to register the vehicle, shall register the vehicle and its owner as follows:
(a) The owner and vehicle are assigned a distinct registration number. Each registration number assigned to a vehicle and its owner is designated urban if the owner resides within the limits of a city or incorporated town. Each registration number assigned to a vehicle and its owner is designated rural if the owner resides outside the limits of a city or incorporated town. The authorized agent of each county shall certify to the department as soon as possible after the end of the calendar year, but not later than May 1 of the following year, the total number of vehicles classified as urban and the total number of vehicles classified as rural.
(b) The registration shall be filed alphabetically under the name of the owner.
(c) The registration shall be filed numerically and alphabetically under the identification number and name of the vehicle.
(2) Except as provided in subsection (2.5) of this section, the department, upon registering a vehicle, shall issue to the owner two registration cards, each of which contains upon its face the following:
(a) The date issued;
(b) The registration number assigned to the owner and vehicle;
(c) The name and address of the owner;
(d) A notice, in type that is larger than the other information contained on the registration card:
(I) That motor vehicle insurance coverage is compulsory in Colorado;
(II) That noncompliance is a misdemeanor traffic offense;
(III) to (V) Repealed.
(d.5) A notice containing the minimum and maximum penalties for failing to have motor vehicle insurance coverage under section 42-4-1409;
(e) A notice that Colorado law provides for a one-month grace period after a registration is due for renewal;
(f) A description of the registered vehicle, including the identification number;
(g) If it was a new vehicle sold in this state after January 1, 1932, the date of sale by the manufacturer or dealer to the person first operating such vehicle; and
(h) Such other statements of fact as may be determined by the department, but not the owner's signature.
(2.5) Notwithstanding subsection (2) of this section, the department shall print one registration card without the owner's address and issue the card to the owner; except that, if the motor vehicle is a commercial vehicle, the department shall print both registration cards issued to the owner with the owner's address. The department shall print the following statement on each registration card that is printed without an address:
Thieves have been known to use the address from a registration card to steal from the vehicle's owner. For added security, you are encouraged to keep only this registration card in your vehicle. It does not contain your address.
(3) A notice for renewal of registration shall include a notice, in type that is larger than the other information contained in the notice, that specifies that motor vehicle insurance coverage is compulsory in Colorado, that noncompliance is a misdemeanor traffic offense, that the minimum penalty for such offense is a five-hundred-dollar fine, and that the maximum penalty for such offense is one year's imprisonment and a one-thousand-dollar fine.
(4) The department shall notify all registered owners of the provisions and requirements of subsections (2) and (3) of this section.
(5) The department shall not require the owner to sign the registration card.
(6) The registration card issued for a vehicle required to be registered under this article shall, at all times while the vehicle is being operated upon a highway, be in the possession of the driver or carried in the vehicle and subject to inspection by any peace officer.
(7) Within thirty days after moving from an address listed upon a vehicle registration, a person shall notify the county of residence in which the vehicle is to be registered.
(8) (a) As used in this subsection (8):
(I) Eligible vehicle means a motor vehicle that has a valid certificate of registration issued by the department of revenue to a person whose address of record is within the boundaries of the program area, as defined in section 42-4-304 (20). The term eligible vehicle does not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, including demonstration vehicles, motor vehicles used for motor vehicle manufacturer product evaluations or tests, law enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.
(II) Program area fleet means a person who owns ten or more eligible vehicles. In determining the number of vehicles owned or operated by a person for purposes of this subsection (8), all motor vehicles owned, operated, leased, or otherwise controlled by such person shall be treated as owned by such person.
(b) (I) Upon the registration of an eligible vehicle, the owner shall report on forms provided by the department:
(A) The types of fuel used by such vehicle; and
(B) Whether such vehicle is dual-fueled or dedicated to one fuel.
(II) The forms provided by the department shall include spaces for the following fuels: Gasoline, diesel, propane, electricity, natural gas, methanol or M85, ethanol or E85, biodiesel, and other.
(c) Upon registration of a vehicle that is a part of a program area fleet, the owner shall report on forms provided by the department that such vehicle is owned by a program area fleet and shall list the owner's tax identification number.
(d) Within a reasonable period of time and upon the request of a political subdivision or the state of Colorado or any institution of the state or the state's political subdivisions, the department shall provide a report listing the owners of eligible vehicles that use fuels other than gasoline or diesel, listing the fuel type of each such eligible vehicle, and identifying whether or not such eligible vehicles are part of a program area fleet.
(9) Except for vehicles owned by a trust created for the benefit of a person with a disability, for purposes of enforcing disabled parking privileges granted pursuant to section 42-4-1208, the department, when issuing a registration card under this section, shall clearly indicate on the card if an owner of a vehicle is a person with a disability as defined in section 42-3-204. If the vehicle is owned by more than one person and the registration reflects that joint ownership, the department shall clearly indicate on the registration card which of the owners are persons with disabilities and which of the owners are not.
(9.5) (a) Upon completion of the application created pursuant to subsection (9.5)(b) of this section, when registering or renewing the registration of a vehicle pursuant to this section, the department shall collect information that the owner of a vehicle voluntarily discloses about the disability of a person who is either authorized to drive, or a regular passenger of, the registered vehicle for a person who has a disability as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and the disability interferes with the person's ability to effectively communicate with a peace officer. The department shall make this information immediately available to a peace officer who queries information about the registered vehicle.
(b) (I) The department shall promulgate a rule creating an application and renewal form that is signed by a professional, under penalty of perjury, to affirm that the driver or regular passenger of a vehicle has a disability and the disability interferes with the person's ability to effectively communicate with a peace officer and setting out the penalties for affirming before verifying that the person has a disability that interferes with the person's ability to effectively communicate with a peace officer.
(II) As used in this subsection (9.5)(b), professional means a physician licensed to practice medicine under article 240 of title 12 or practicing medicine under section 12-240-107 (3)(i), a physician assistant licensed under section 12-240-113, a mental health professional licensed or certified under article 245 of title 12, an advanced practice registered nurse registered under section 12-255-111, a person with a master's degree in rehabilitation counseling, or a physician, physician assistant, mental health professional, or advanced practice registered nurse authorized to practice professionally by another state that shares a common border with Colorado.
(c) The department shall not charge a fee for collecting or making this information available to peace officers.
(d) An owner of a vehicle may choose to no longer have the information regarding a disability available to a peace officer who queries the vehicle registration. At an owner's request, the department shall remove the disability information attached to the owner's vehicle registration. The department shall not retain any disability information for an owner who chooses to remove disability information from the owner's vehicle registration.
(e) By January 15, 2023, and each year thereafter, the department shall report to the house of representatives health and insurance committee and transportation and local government committee and the senate health and human services committee and transportation and energy committee, or their successor committees, on the percentage of persons registering a vehicle who have disclosed disability information in accordance with this subsection (9.5) in the previous calendar year.
(10) (a) Whenever a person asks the department or any other state department or agency for the name or address of the owner of a motor vehicle registered under this section, the department or agency shall require the person to disclose if the purpose of the request is to determine the name or address of a person suspected of a violation of a state or municipal law detected through the use of an automated vehicle identification system as described in section 42-4-110.5. If the purpose of the request is to determine the name or address of such a suspect, the department or agency shall release such information only if the county or municipality for which the request is made complies with section 42-4-110.5.
(b) No person who receives the name or address of the registered owner of a motor vehicle from the department or from a person who receives the information from the department shall release such information to a county or a municipality unless the county or municipality complies with state laws concerning the use of automated identification devices.
(11) The department shall not place an expiration date on the registration card for a Class A commercial trailer or semitrailer registered in Colorado.
Source: L. 2005: (2) amended, p. 395, � 2, effective July 1; entire article amended with relocations, p. 1095, � 2, effective August 8. L. 2010: (7) amended, (HB 10-1045), ch. 317, p. 1480, � 5, effective July 1, 2011. L. 2012: (11) added, (HB 12-1038), ch. 276, p. 1456, � 4, effective June 8. L. 2013: (2)(d)(III) and (2)(d)(IV) repealed, (2)(d.5) added, and (2)(e) and (3) amended, (SB 13-081), ch. 114, p. 389, � 1, effective April 8. L. 2014: IP(2), (2)(h), (5), (7), and (8)(a)(I) amended, (2)(d)(V) repealed, and (2.5) added, (SB 14-131), ch. 388, p. 1942, � 2, effective July 1. L. 2017: IP(1) and (1)(a) amended, (HB 17-1107), ch. 101, p. 368, � 14, effective August 9. L. 2021: (9.5) added, (HB 21-1014), ch. 406, p. 2697, � 4, effective July 1, 2022. L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2106, � 326, effective August 6.
Editor's note: (1) This section is similar to former � 42-3-112 as it existed prior to 2005, and portions of the former � 42-3-113 were relocated to �� 42-3-201 and 42-3-301.
(2) Subsection (2) was originally numbered as � 42-3-112 (2), and the amendments to it in House Bill 05-1140 were harmonized with � 42-3-113 (2) as it appears in House Bill 05-1107.
Cross references: For the legislative declaration in the 2012 act adding subsection (11), see section 1 of chapter 276, Session Laws of Colorado 2012. For the legislative declaration in HB 21-1014, see section 1 of chapter 406, Session Laws of Colorado 2021.
42-3-113.5. Electronic vehicle registration and titling - electronic transmission of vehicle lien information - authority - rules - cash fund - gifts, grants, and donations - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1289), ch. 380, p. 2224, � 3, effective June 5; (1), (2)(a), and (2)(c) amended, (SB 13-280), ch. 407, p. 2396, � 41, effective June 5. L. 2014: (2)(b) repealed, (HB 14-1363), ch. 302, p. 1276, � 47, effective May 31. L. 2018: (3) added by revision, (HB 18-1299), ch. 297, pp. 1811, 1815, �� 5, 15.
Editor's note: (1) This section was relocated to � 42-1-234 in 2019.
(2) Subsection (3) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, pp. 1811, 1815.)