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And Traffic Regulation 1071 Ch. 270 Motor Vehicles and Traffic Regulation 1071 CHAPTER 270 _______________ MOTOR VEHICLES AND TRAFFIC REGULATION _______________ HOUSE BILL 05-1107 BY REPRESENTATIVE(S) Larson, Berens, and Ragsdale; also SENATOR(S) Williams and Evans. AN ACT CONCERNING THE RECODIFICATION OF STATUTES GOVERNING THE REGISTRATION OF MOTOR VEHICLES, AND, IN CONNECTION THEREWITH, CLARIFYING, HARMONIZING, MODERNIZING, AND SUBSTANTIVELY AMENDING SUCH STATUTES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-1-102 (36), Colorado Revised Statutes, is amended, and the said 42-1-102 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 42-1-102. Definitions - repeal. As used in articles 1 to 4 of this title, unless the context otherwise requires: (23.5) "DECLARED GROSS VEHICLE WEIGHT" MEANS THE COMBINED WEIGHT OF THE VEHICLE OR COMBINATION VEHICLE AND ITS CARGO WHEN OPERATED ON THE PUBLIC HIGHWAYS OF THIS STATE. SUCH WEIGHT SHALL BE DECLARED BY THE VEHICLE OWNER AT THE TIME THE VEHICLE IS REGISTERED. ACCURATE RECORDS SHALL BE KEPT OF ALL MILES OPERATED BY EACH VEHICLE OVER THE PUBLIC HIGHWAYS OF THIS STATE BY THE OWNER OF EACH VEHICLE. (36) "Fleet vehicle" means any motor vehicle, trailer, or pole trailer owned or leased by a fleet operator and registered pursuant to section 42-3-143 42-3-125. (101.5) "STREET ROD VEHICLE" MEANS A VEHICLE MANUFACTURED IN 1948 OR EARLIER WITH A BODY DESIGN THAT HAS BEEN MODIFIED FOR SAFE ROAD USE. SECTION 2. Article 3 of title 42, Colorado Revised Statutes, is amended, WITH THE RELOCATION OF PROVISIONS, to read: ))))) Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. 1072 Motor Vehicles and Traffic Regulation Ch. 270 ARTICLE 3 Registration, Taxation, and License Plates PART 1 REGISTRATION AND TAXATION 42-3-101. Legislative declaration. (1) The general assembly declares that its purpose in enacting this article and amendments thereto is to implement by law the purpose and intent of section 6 of article X of the state constitution, as adopted in the general election held on November 8, 1966, and amended in the general election held November 2, 1976, wherein it is provided among other things, that "The general assembly shall enact laws classifying motor vehicles and also wheeled trailers, semitrailers, trailer coaches, and mobile and self-propelled construction equipment, prescribing methods of determining the taxable value of such property, and requiring payment of a graduated annual specific ownership tax thereon, which tax shall be in lieu of all ad valorem taxes upon such property;". (2) It THE GENERAL ASSEMBLY further declares that it intends to classify in this article the personal property so specified, to prescribe methods by which the taxable value of such classified property shall be determined, to require payment of a graduated annual specific ownership tax upon each item of such classified personal property, and to provide for the administration and collection of such tax, and for the apportionment and distribution of the revenue derived therefrom. 42-3-102. Periodic registration. (1) The department may establish by rule a periodic vehicle registration program whereby certain vehicles shall be registered at: (a) Twelve-month intervals, commencing January 1, 1978. IN WHICH CASE the registration of such vehicles shall expire on the last day of the month of each twelve-month registration period; (b) Five-year intervals upon payment of a five-year registration fee and a ANY five-year specific ownership tax if applicable commencing January 1, 2002 THAT MAY BE DUE. An owner of any of the following motor vehicles may elect a five-year registration pursuant to this paragraph (b), which registration shall expire on the last day of the last month of each five-year registration period: (I) A utility trailer; or (II) Mobile machinery. (c) (Deleted by amendment, L. 2002, p. 813, § 4, effective May 30, 2002.) (2) (a) Except for motor vehicles of model year 1981 or older and except for motorcycles of any model year, the department may register motor vehicles at two-year intervals upon payment of a two-year registration fee and a two-year specific ownership tax. The owner of a motor vehicle that is eligible as determined by the department for two-year registration may elect a two-year registration pursuant to this subsection (2), which registration shall expire on the last day of the last month of each two-year registration period. Ch. 270 Motor Vehicles and Traffic Regulation 1073 (b) This subsection (2) shall not apply to class A property that is registered through the international registration plan. Such vehicles shall continue to be registered every twelve months. 42-3-103. Registration required - exemptions. (1) (a) WITHIN SIXTY DAYS AFTER PURCHASE, every owner of a motor vehicle, trailer, semitrailer, or vehicle except a bicycle or other human-powered vehicle, which THAT is primarily designed to be operated or drawn upon any highway of this state or any owner of a trailer coach or of mobile machinery whether or not it is operated on the highways, except such vehicles as are specifically exempted by section 42-3-104, shall within forty-five days after the purchase of any of the vehicles described in this subsection (1), apply to the department and shall obtain registration therefor, except when an owner is permitted to operate a vehicle under the special provisions of this article relating to lienholders, manufacturers, dealers, nonresidents, and fleet owners. Any REGISTER SUCH VEHICLE WITH THE DEPARTMENT. A person who violates any provision of this subsection (1) commits a class B traffic infraction. (b) THIS SUBSECTION (1) SHALL NOT APPLY TO THE FOLLOWING: (I) A BICYCLE OR OTHER HUMAN-POWERED VEHICLE; (II) VEHICLES SPECIFICALLY EXEMPTED BY SECTION 42-3-104; AND (III) ANY VEHICLE WHOSE OWNER IS PERMITTED TO OPERATE IT UNDER PROVISIONS OF THIS ARTICLE CONCERNING LIENHOLDERS, MANUFACTURERS, DEALERS, NONRESIDENTS, AND FLEET OWNERS. (2) An owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise shall register such vehicle and pay the same fees and tax therefor as are required in subsection (1) of this section BY THIS ARTICLE with reference to like vehicles. This provision shall not be construed so as to require registration or reregistration in this state of any motor vehicle, including trucks and buses, trailers, semitrailers, or trailer coaches, where such vehicle, truck, bus, trailer, semitrailer, or trailer coach THAT is used in interstate commerce, but registration or reregistration shall be required in accordance with or to the extent that reciprocity exists between the state of Colorado and any A foreign country or another state, a territory, or a possession of the United States. (3) Every nonresident including any foreign corporation, carrying on PERSON WHO OPERATES A business within this state and owning OWNS and operating OPERATES in such business any motor vehicle, trailer, semitrailer, or trailer coach within this state shall be required to register each such vehicle and pay the same fees and tax therefor as are required with reference to like vehicles owned by residents of this state. This provision shall not be construed so as to require registration or reregistration in this state of any motor vehicle, including trucks and buses, trailers, or trailer coaches, where such vehicle TRAILER, OR TRAILER COACH THAT is used in interstate commerce, but registration or reregistration shall be required in accordance with or to the extent that reciprocity exists between the state of Colorado and any A foreign country or another state, a territory, or a possession of the United States. 1074 Motor Vehicles and Traffic Regulation Ch. 270 (4) (a) When any owner or operator or any occupant of a vehicle, as specified in subsection (1) of this section, which is or has been duly registered for the current year in another state or country of which such owner, operator, or occupant has been a resident becomes a resident of this state as defined in section 42-1-102, the said owner shall, irrespective of such previous registration, apply to the department and obtain registration for such vehicle in this state within thirty days after becoming a resident of Colorado. Any WITHIN THIRTY DAYS AFTER BECOMING A RESIDENT OF COLORADO, AN OWNER OF A MOTOR VEHICLE REQUIRED TO BE REGISTERED BY SUBSECTION (1) OF THIS SECTION SHALL REGISTER SUCH VEHICLE WITH THE DEPARTMENT, IRRESPECTIVE OF SUCH VEHICLE BEING REGISTERED WITHIN ANOTHER STATE OR COUNTRY. A person who violates any provision of this paragraph (a) is subject to the penalties provided in section 42-6-139. (b) WITHIN FORTY-FIVE DAYS AFTER THE OWNER HAS RETURNED TO THE UNITED STATES, the provisions of this title relative to the registration of motor vehicles and the display of number plates shall not apply to motor vehicles having registrations REGISTERED WITH and displaying plates issued by the armed forces of the United States in foreign countries for vehicles owned by military or naval personnel. but said exemption shall be valid only for a period of forty-five days after the owner thereof has returned to the United States. (c) (I) Notwithstanding the provisions of paragraph (a) of this subsection (4) and section 42-1-102 (62) and (81), the following nonresidents A NONRESIDENT shall be exempt from the provisions
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