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Colorado Statutes, Title 42

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Title 42, Vehicles and Traffic

0 chapters · 787 sections in this title.

All chapters in Title 42787 Ch 4292 Ch 3114 Ch 298 Ch 652 Ch 749 Ch 2045 Ch 132 Ch 516 Ch 916 Ch 1216 Ch 811 Ch 1010 Ch 119 Ch 139

52 sections·Filtered byTitle 42✕Ch 6✕

Colo. Rev. Stat. § 42-6-101 Short title
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This part 1 shall be known and may be cited as the "Certificate of Title Act". Source: L. 94: Entire title amended with relocations, p. 2448, § 1, effective January 1, 1995. ANNOTATION Law reviews. For article, "Certificate of Title Law Effective August 1st", see 26 Dicta 175 (19…
Colo. Rev. Stat. § 42-6-102 Definitions
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As used in this part 1, unless the context otherwise requires: (1) "All-terrain vehicle" means a three- or four-wheeled vehicle that travels on low-pressure tires with a seat that is straddled by the rider and with handlebars for steering control. (1.5) "Authorized agent" has the…
Colo. Rev. Stat. § 42-6-103 Application
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(1) Except as provided in subsection (2) of this section, this part 1 applies to motor vehicles and off-highway vehicles. (2) This part 1 does not apply to an off-highway vehicle that: (a) Was first sold or transferred before July 1, 2014, until the off-highway vehicle is sold or…
Colo. Rev. Stat. § 42-6-104 Administration - rules
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The director is charged with the duty of administering this part 1. For that purpose the director is vested with the power to make such reasonable rules and require the use of such forms and procedures as are reasonably necessary for the efficient administration of this part 1. S…

Colo. Rev. Stat. § 42-6-106 Certificates of registration - plates

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(1) No certificate of registration or license plates shall be issued for a motor vehicle by the director or an authorized agent except in the following cases: (a) The applicant exhibits to the director or the authorized agent, or the director or the authorized agent has on file, …

Colo. Rev. Stat. § 42-6-107 Certificates of title - contents - rules

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(1) (a) (I) The department or authorized agent shall mail or deliver certificates of title to motor or off-highway vehicles issued under this part 1 to the applicant, except as provided in section 42-6-124, and the director shall retain and appropriately index and file informatio…

Colo. Rev. Stat. § 42-6-109 Sale or transfer of vehicle - program

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(1) Except as provided in section 42-6-113, a person shall not sell or otherwise transfer a motor or off-highway vehicle to a purchaser or transferee without delivering to the purchaser or transferee a certificate of title to the vehicle duly transferred in the manner prescribed …

Colo. Rev. Stat. § 42-6-110 Certificate of title - transfer - department records - rules - definition

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(1) Upon the sale or transfer of a motor or off-highway vehicle for which a certificate of title has been issued or filed, the person in whose name the certificate of title is registered, if the person is not a dealer, shall execute a formal transfer of the vehicle described in t…

Colo. Rev. Stat. § 42-6-110.5 Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions

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(1) (a) On and after August 10, 2016, the division shall make available a beneficiary designation form that allows the owner or joint owners of a vehicle to arrange for the transfer of the vehicle's title to a named beneficiary upon the death of the owner or upon the death of all…

Colo. Rev. Stat. § 42-6-111 Sale to dealers - certificate need not issue

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(1) Upon the sale or transfer to a dealer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, the dealer shall transfer and file the certificate of title to the motor or off-highway vehicle; except that, so long as the vehicle remains in t…

Colo. Rev. Stat. § 42-6-112 Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty

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(1) A dealer of motor or off-highway vehicles shall, within thirty days after the sale, deliver or facilitate the delivery of the certificate of title to a purchaser or the holder of a chattel mortgage on the motor or off-highway vehicle subject to section 42-6-109. (2) A person …

Colo. Rev. Stat. § 42-6-113 New vehicles - bill of sale - certificate of title - rental businesses - rules

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(1) Upon the sale or transfer by a dealer of a new motor or off-highway vehicle, the dealer shall, upon delivery, make, execute, and deliver to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of origin. (2) The bill of sale must: (a) Be af…

Colo. Rev. Stat. § 42-6-114 Transfers by bequest, descent, or law

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Upon the transfer of ownership of a motor or off-highway vehicle by inheritance or by operation of law, as in proceedings in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale, or if the vehicle is sold to satisfy storage or repair charges or reposses…

Colo. Rev. Stat. § 42-6-115 Furnishing bond for certificates

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(1) (a) If the applicant for a certificate of title to a motor or off-highway vehicle is unable to provide the director or the authorized agent with a certificate of title duly transferred to the applicant or other evidence of ownership satisfactory to the director as specified i…

Colo. Rev. Stat. § 42-6-116 Applications for filing of certificates of title - rules

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(1) If a person who desires or who is entitled to a filing of a certificate of title to a motor or off-highway vehicle is required to apply to the director or the authorized agent, the applicant shall apply upon a form provided by the director in which appears a description of th…

Colo. Rev. Stat. § 42-6-117 Filing of certificate

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(1) The director or the authorized agent shall use reasonable diligence to ascertain whether the facts stated in an application and other documents submitted to the director or the authorized agent are true. In appropriate cases, the director or authorized agent may require the a…

Colo. Rev. Stat. § 42-6-118 Amended certificate

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If the owner of a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed replaces any part of the motor or off-highway vehicle on which appears the identification number or symbol described in the certificate of title and the identificatio…

Colo. Rev. Stat. § 42-6-119 Certificates for vehicles registered in other states

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(1) When a resident of the state acquires the ownership of a motor or off-highway vehicle for which a certificate of title has been issued by a state other than Colorado, the person acquiring the vehicle shall apply to the director or an authorized agent for the filing of a certi…

Colo. Rev. Stat. § 42-6-120 Security interests upon vehicles

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(1) Except as provided in this section and sections 42-6-130 and 42-6-148, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel mortgages, as defined in section 42-6-102 (9), do…

Colo. Rev. Stat. § 42-6-121 Filing of mortgage - rules

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(1) The holder of a chattel mortgage on a motor or off-highway vehicle desiring to secure the rights provided for in this part 1 and to have the existence of the mortgage and the fact of the filing of the mortgage noted in the filing of the certificate of title to the encumbered …

Colo. Rev. Stat. § 42-6-122 Disposition of mortgages by agent - rules

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(1) The authorized agent, upon receipt of the mortgage, shall file the mortgage in the agent's office, appropriately indexed and cross-indexed: (a) Under one or more of the following headings in accordance with the rules adopted by the director: (I) Make or vehicle identification…

Colo. Rev. Stat. § 42-6-123 Disposition after mortgaging

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After a mortgage on a motor or off-highway vehicle has been filed in the authorized agent's office, the authorized agent shall mail, deliver, or electronically transfer to the director the certificate of title or other evidence of ownership satisfactory to the director as specifi…

Colo. Rev. Stat. § 42-6-124 Disposition of certificates of title

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(1) The director shall dispose of a certificate of title issued by the director or the authorized agent in the following manner: (a) If the certificate of title that is filed by the authorized agent is maintained in an electronic format within the director's and the authorized ag…

Colo. Rev. Stat. § 42-6-125 Release of mortgages - rules

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(1) Upon the payment or discharge of the undertaking secured by a mortgage on a motor or off-highway vehicle that has been filed for record under section 42-6-121, the legal holder, on a form approved by the director, shall notify the director or authorized agent of the discharge…

Colo. Rev. Stat. § 42-6-126 New certificate upon release of mortgage

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(1) (a) Upon the satisfaction of the debt and release of a mortgage on a motor or off-highway vehicle filed for record as required by section 42-6-121: (I) The owner of the vehicle encumbered by the mortgage, the purchaser from or transferee of the owner as appears on the certifi…

Colo. Rev. Stat. § 42-6-127 Duration of lien of mortgage - extensions - rules

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(1) The lien of a mortgage or refinancing of a mortgage filed in the manner prescribed in section 42-6-121 or 42-6-129 shall remain valid and enforceable for a period of ten years after the filing of the certificate in the office of the director's authorized agent or until the di…

Colo. Rev. Stat. § 42-6-128 Validity of mortgage between parties

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Nothing in this part 1 impairs the validity of a mortgage on a motor or off-highway vehicle between the parties as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence of a mortgage has acquired an interest in the motor or off-highway vehi…

Colo. Rev. Stat. § 42-6-129 Second or other junior mortgages

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(1) On and after July 1, 1977, a person who takes a junior mortgage on a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed may file the mortgage for public record and have the existence of the mortgage noted or filed on the certificat…

Colo. Rev. Stat. § 42-6-130 Priority of secured interests

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The liens or mortgages filed for record or noted on a certificate of title to a motor or off-highway vehicle, as provided in section 42-6-121, take priority in the same order that they were filed with the authorized agent; except that the priority of a purchase-money security int…

Colo. Rev. Stat. § 42-6-131 Mechanic's, warehouse, and other liens

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Nothing in this part 1 impairs the rights of lien claimants arising under a mechanic's lien or the lien of a warehouse or other person claimed for repairs on or storage of a motor or off-highway vehicle when a mechanic's lien or storage lien originated prior to a mortgage or lien…

Colo. Rev. Stat. § 42-6-133 Foreign mortgages and liens

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A mortgage or lien on a motor or off-highway vehicle filed for record in a state other than Colorado is not valid and enforceable against the rights of subsequent purchasers for value, creditors, lienholders, or mortgagees having no actual notice of the existence of the mortgage …

Colo. Rev. Stat. § 42-6-134 Where application for certificates of title made

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Except as otherwise provided in this part 1, a person shall apply for recording of a certificate of title upon the sale or transfer of a motor or off-highway vehicle with the authorized agent of the county where the vehicle will be registered for operation. If the certificate of …

Colo. Rev. Stat. § 42-6-135 Lost certificates of title

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(1) If data is lost transmitting an application for a certificate of title and accompanying documentation, which may be transmitted by the authorized agent to the director and upon an appropriate application of the owner or other person entitled to such certificate of title, such…

Colo. Rev. Stat. § 42-6-136 Surrender and cancellation of certificate - penalty for violation

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(1) (a) The owner of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, upon the destruction or dismantling of the vehicle or upon its being changed so that it is no longer a motor or off-highway vehicle, shall surrender the certificate of t…

Colo. Rev. Stat. § 42-6-136.5 Salvage title

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(1) Upon the sale or transfer of a motor vehicle for which a current Colorado certificate of title has been issued or filed and that has become a salvage vehicle, the purchaser or transferee shall apply for a salvage certificate of title. The owner of the vehicle may apply for a …

Colo. Rev. Stat. § 42-6-137 Fees

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(1) (a) Upon filing with the authorized agent an application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be in addition to the fees for the registration of such motor vehicle. If the additional fee of seven…

Colo. Rev. Stat. § 42-6-138 Disposition of fees

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(1) (a) All fees received by the authorized agent under section 42-6-137 (1)(a), (2), or (4) or 38-29-138 (1)(a), (2), or (4) upon application for a certificate of title, shall be disposed of as follows: Four dollars shall be retained by the authorized agent and disposition made …

Colo. Rev. Stat. § 42-6-139 Registration and title application - where made

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(1) (a) For purposes of this section, a person's residence is the person's principal or primary home or place of abode, to be determined in the same manner as residency for voter registration purposes as provided in sections 1-2-102 and 31-10-201, C.R.S.; except that, in applying…

Colo. Rev. Stat. § 42-6-140 Registration upon becoming resident

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Within ninety days after becoming a resident of Colorado, the owner of a motor vehicle shall apply for a Colorado certificate of title, a license, and registration for the vehicle that is registered, that is licensed, or for which a certificate of title is issued in another state…

Colo. Rev. Stat. § 42-6-141 Director's records to be public

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Records in the director's office pertaining to the title to a motor or off-highway vehicle are public records subject to section 42-1-206. This includes records regarding ownership of and mortgages or liens on a vehicle for which a Colorado certificate of title has been issued. S…

Colo. Rev. Stat. § 42-6-142 Penalties

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(1) A person shall not sell, transfer, or in any manner dispose of a motor or off-highway vehicle in this state without complying with this part 1. (2) A person who violates subsection (1) of this section for which no other penalty is expressly provided commits a petty offense. S…

Colo. Rev. Stat. § 42-6-143 Altering or using altered certificate

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A person who causes to be altered or forged a certificate of title issued by the director pursuant to this part 1, or a written transfer of a title, or any other notation placed on the title by the director or under the director's authority concerning a mortgage or lien or who us…

Colo. Rev. Stat. § 42-6-144 False oath

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A person who applies for a certificate of title, written transfer of a title, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition required to be made or taken under any of the provisions of this article, and who, upon such application, transfe…

Colo. Rev. Stat. § 42-6-145 Use of vehicle identification numbers in applications - rules

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(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 purs…

Colo. Rev. Stat. § 42-6-146 Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty

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(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…

Colo. Rev. Stat. § 42-6-147 Central registry - rules

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(1) The director shall maintain a central registry of electronic files for all certificates of title, mortgages, liens, releases of liens or mortgages, and extensions. The authorized agents shall transmit all electronic filing information to the director for maintenance of the re…

Colo. Rev. Stat. § 42-6-148 Off-highway vehicles - sales

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(1) (a) Unless the owner has obtained a certificate of title for an off-highway vehicle under this article, a person shall not sell the off-highway vehicle and a vehicle dealer shall not purchase the off-highway vehicle; except that the dealer may purchase an off-highway vehicle …

Colo. Rev. Stat. § 42-6-201 Definitions

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As used in this part 2, unless the context otherwise requires: (1) "Owner" means the person who holds the legal title of a motor vehicle, but, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right to purchase upon th…

Colo. Rev. Stat. § 42-6-202 Prohibited acts - penalty

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(1) It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed any device which causes an odometer to register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage drive…

Colo. Rev. Stat. § 42-6-204 Private civil action

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(1) Any person who, with intent to defraud, violates any requirement imposed under this part 2 shall be liable in an amount equal to the sum of: (a) Three times the amount of actual damages sustained or three thousand dollars, whichever is greater; and (b) In the case of any succ…