(1) (a) A person required to apply for a certificate of title or registration of a motor vehicle shall use the identification number placed upon the motor vehicle by the manufacturer or the special vehicle identification number assigned to the motor vehicle by the department pursuant to section 42-12-202. The department shall not issue a certificate of title or registration card unless it uses the identification number of the motor vehicle.
(b) A person required to apply for a certificate of title for an off-highway vehicle shall use the identification number placed upon the vehicle by the manufacturer or the special vehicle identification number assigned to the off-highway vehicle by the department. The department shall not issue a certificate of title unless it uses the identification number of the off-highway vehicle; except that, if the vehicle does not have a conforming identification number or is a duplicate, the department shall assign a special identification number for the certificate of title and require the owner to place the number on the vehicle.
(2) The identification number provided for in this section shall be accepted in lieu of any motor number or serial number provided for in this title.
(3) (a) After receiving an application for a certificate of title, the department or its authorized agent shall electronically verify with the department of public safety that the motor vehicle has not been reported stolen. The department shall not register a motor vehicle reported stolen in the system until the vehicle is recovered by the owner.
(b) The department shall promulgate rules setting forth procedures to notify the local law enforcement agency upon discovery that a person is attempting to obtain a certificate of title for a stolen motor vehicle.
(c) This subsection (3) is effective July 1, 2009.
Source: L. 94: Entire title amended with relocations, p. 2468, � 1, effective January 1, 1995. L. 2000: (1) amended, p. 1648, � 41, effective June 1. L. 2005: Entire section amended, p. 825, � 34, effective August 8. L. 2008: (3) added, p. 1025, � 3, effective August 5. L. 2011: (1) amended, (SB 11-031), ch. 86, p. 248, � 18, effective August 10. L. 2013: (1) amended, (SB 13-280), ch. 407, p. 2395, � 37, effective June 5.
Editor's note: This section is similar to former � 42-6-142 as it existed prior to 1994.
42-6-146. Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty. (1) If a mortgagee, lienholder, or the mortgagee's or lienholder's assignee or the agent of either repossesses a motor or off-highway vehicle because of default in the terms of a secured debt, the repossessor shall notify, either orally or in writing, a law enforcement agency, as provided in this section, of the repossession, the name of the owner, the name of the repossessor, and the name of the mortgagee, lienholder, or assignee. The notification must be made at least one hour before, if possible, and in any event no later than one hour after, the repossession occurs. If the repossession takes place in an incorporated city or town, the repossessor shall notify the police department, town marshal, or other local law enforcement agency of the city or town. If the repossession takes place in the unincorporated area of a county, the repossessor shall notify the county sheriff.
(2) A repossessor who violates subsection (1) of this section commits a petty offense.
(3) If a motor or off-highway vehicle being repossessed is subject to the Uniform Commercial Code - Secured Transactions, article 9 of title 4, C.R.S., the repossession is governed by section 4-9-629, C.R.S.
(4) As used in this section, the term repossessor means the party who physically takes possession of the motor or off-highway vehicle and drives, tows, or transports the vehicle for delivery to the mortgagee, lienholder, or assignee or the agent of the mortgagee, lienholder, or assignee.
Source: L. 94: Entire title amended with relocations, p. 2469, � 1, effective January 1, 1995. L. 2001: (3) amended, p. 1448, � 47, effective July 1. L. 2002: (2) amended, p. 1564, � 377, effective October 1. L. 2005: Entire section amended, p. 825, � 35, effective August 8. L. 2013: (1), (3), and (4) amended, (SB 13-280), ch. 407, p. 2395, � 38, effective June 5. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3321, � 758, effective March 1, 2022.
Editor's note: This section is similar to former � 42-6-143 as it existed prior to 1994.
Cross references: (1) For penalties for petty offenses, see � 18-1.3-503.
(2) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.