Colorado Automotive Repair Licensing Law

Colorado Code · 23 sections

The following is the full text of Colorado’s automotive repair licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 13-80-103

13-80-103. General limitation of actions - one year. (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within one year after the cause of action accrues, and not thereafter:

(a)  The following tort actions: Assault, battery, false imprisonment, false

arrest, libel, and slander;

(b)  All actions for escape of prisoners;


(c)  All actions against sheriffs, coroners, police officers, firefighters, national

guardsmen, or any other law enforcement authority;

(d)  All actions for any penalty or forfeiture of any penal statutes;


(e)  All actions under the Motor Vehicle Repair Act of 1977, article 9 of title

42, C.R.S.;

(f) and (g)  Repealed.


(h)  All actions against a person alleging liability for a penalty for commission

of a class A or a class B traffic infraction, as defined in section 42-4-1701; and

(i)  All actions against a person alleging liability for a penalty for commission

of a civil infraction, as described in section 16-2.3-101.

Source: L. 86: Entire article R&RE, p. 696, � 1, effective July 1; (1)(f) added, p.

707, � 3, effective July 1. L. 87: (1)(f) amended and (1)(g) added, p. 538, � 11, effective July 1; (1)(f) amended and (1)(g) added, p. 567, � 3, effective July 1; (1)(h) added, p. 1495, � 2, effective July 1. L. 94: (1)(e) and (1)(h) amended, p. 2550, � 34, effective January 1, 1995. L. 2000: (1)(f) repealed, p. 3, � 5, effective July 1, 2001. L. 2017: (1)(g) repealed, (SB 17-294), ch. 264, p. 1391, � 28, effective May 25. L. 2022: (1)(i) added, (HB 22-1229), ch. 68, p. 340, � 7, effective March 1.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1986. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act adding subsection (1)(i) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

C.R.S. § 25-7-129.5

25-7-129.5. Motor vehicle emissions assistance fund - division to provide grants - gifts, grants, or donations - definition. (1) As used in this section, fund means the motor vehicle emissions assistance fund created in subsection (2) of this section.

(2)  The motor vehicle emissions assistance fund is created in the state

treasury. The fund consists of money credited to the fund pursuant to section 25-7-129 (2)(a)(V)(A), any other money that the general assembly may appropriate or transfer to the fund, and any gifts, grants, and donations received under subsection (5) of this section.

(3) (a)  The state treasurer shall credit all interest and income derived from

the deposit and investment of money in the fund to the fund.

(b)  At the end of each state fiscal year, no more than two hundred fifty

thousand dollars that is unexpended and unencumbered remains in the fund.

(c)  At the end of each state fiscal year, the state treasurer shall credit any

unexpended and unencumbered money in excess of two hundred fifty thousand dollars remaining in the fund to the community impact cash fund created in section 25-7-129 (1).

(4)  Beginning in the state fiscal year 2025-26, the division may expend

money from the fund to provide grants for:

(a)  Paying emissions inspection fees required by part 3 of article 4 of title 42,

or rules adopted by the commission under part 3 of article 4 of title 42, for motor vehicles registered to individuals participating in an established and recognized public assistance program; or

(b)  Adjustments or emissions-related repairs that are necessary and

sufficient to receive a certification of emissions compliance under part 3 of article 4 of title 42 and rules adopted under part 3 of article 4 of title 42 if the adjustments or repairs are performed by:

(I)  A registered repair facility or technician, as defined in section 42-4-304

(21); or

(II)  A motor vehicle repair facility registered with the secretary of state and

in compliance with article 9 of title 42 or registered with the division pursuant to rules adopted by the commission.

(c)  To qualify for a grant under subsection (4)(b) of this section, a motor

vehicle owner must:

(I)  Own a motor vehicle that is required to be registered in the program area

and either:

(A)  Participate in an established and recognized public assistance program;

or

(B)  Demonstrate qualifying repair expenditures that meet or exceed the

limits established to comply with section 42-4-310 (1)(d)(VI); or

(II)  Own a motor vehicle that has been identified as a high emitter and

participate in a voluntary study conducted by the division.

(d)  Subsection (4)(c)(II) of this section does not require the division to pay a

motor vehicle owner to participate in a voluntary study.

(5)  The division may seek, accept, and expend gifts, grants, or donations

from private or public sources for the purposes set forth in this section. The state treasurer shall credit any gifts, grants, or donations received by the division to the fund.

(6)  Money in the fund is continuously appropriated to the division to

accomplish the purposes set forth in this section.

Source: L. 2025: Entire section added, (SB 25-321), ch. 387, p. 2177, � 7,

effective June 3.

C.R.S. § 38-20-106.5

38-20-106.5. Motor vehicle repair garages - restoration of liens. (1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and which has released the motor vehicle upon receipt of payment for such repairs in the form of a check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation shall be entitled to the restoration of the lien if the check, draft, or order is not honored for full payment or is dishonored upon its presentment and if the maker, issuer, or drawer fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment or dishonor, to pay the check, draft, or order. In the event such motor vehicle repair garage has released the motor vehicle upon an open account, the motor vehicle repair garage shall be entitled to restoration of the lien if the total amount as agreed upon by the parties is not paid when due as agreed upon by the parties and if the debtor fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment, to pay the amount due. Restoration of such lien shall entitle the motor vehicle repair garage to regain possession of the motor vehicle. In regaining possession, the motor vehicle repair garage may proceed without judicial process if this can be done without breach of the peace or may proceed by action.

(2)  Notice, as used in subsection (1) of this section, means notice given to

the person entitled thereto, either in person or in writing. Such notice in writing shall be conclusively presumed to have been given when deposited by registered or certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such person at his address as it appears on the invoice or such check, draft, or order or, in the case of an open account, as it appears on the account records of the motor vehicle repair garage. Any notice regarding an open account may only be given subsequent to nonpayment.

Source: L. 77: Entire section added, p. 1924, � 2, effective January 1, 1978. L.

81: Entire section amended, p. 1820, � 1, effective July 1.

C.R.S. § 42-4-304

42-4-304. Definitions relating to motor vehicle inspection and readjustment program - rules. As used in sections 42-4-301 to 42-4-316.5, unless the context otherwise requires:

(1)  AIR program or program means the automobile inspection and

readjustment program until replaced as provided in sections 42-4-301 to 42-4-316, the basic emissions program, and the enhanced emissions program established pursuant to sections 42-4-301 to 42-4-316.

(2)  Basic emissions program means the inspection and readjustment

program, established pursuant to the federal act, in the counties set forth in paragraph (b) of subsection (20) of this section.

(3) (a)  Certification of emissions control means one of the following

certifications, to be issued to the owner of a motor vehicle which is subject to the automobile inspection and readjustment program to indicate the status of inspection requirement compliance of said vehicle:

(I)  Certification of emissions waiver, indicating that the emissions of other

than chlorofluorocarbons from the vehicle do not comply with the applicable emissions standards and criteria after inspection, adjustment, and emissions-related repairs in accordance with section 42-4-310.

(II)  Certification of emissions compliance, indicating that the emissions

from said vehicle comply with applicable emissions and opacity standards and criteria at the time of inspection or after required adjustments or repairs.

(b) (I)  The certification of emissions control will be issued to the vehicle

owner at the time of sale or transfer except as provided in section 42-4-310 (1)(a)(I). The certification of emissions control will be in effect for twenty-four months for 1982 and newer model vehicles. 1981 and older model vehicles and all vehicles inspected by the fleet-only air inspection stations shall be issued certifications of emissions control valid for twelve months.

(II)  Except as provided in section 42-4-309, the executive director shall

establish a biennial inspection schedule for 1982 and newer model vehicles, an annual inspection schedule for 1981 and older model vehicles, and a five-year inspection schedule for a 1976 or newer motor vehicle registered as a collector's item.

(c)  Repealed.


(d)  Subject to section 42-4-310 (4), the certification of emissions control

shall be obtained by the seller and transferred to the new owner at the time of vehicle sale or transfer.

(e)  For purposes of this subsection (3), sale or transfer shall not include a

change only in the legal ownership as shown on the vehicle's documents of title, whether for purposes of refinancing or otherwise, that does not entail a change in the physical possession or use of the vehicle.

(3.5)  Clean screen program means the remote sensing system or other

emission profiling system established and operated pursuant to sections 42-4-305 (12), 42-4-306 (23), 42-4-307 (10.5), and 42-4-310 (5).

(4)  Commission means the air quality control commission, created in

section 25-7-104, C.R.S.

(5)  Contractor means a person, partnership, entity, or corporation that is

awarded a contract by the division, in consultation with the executive director and in accordance with the Procurement Code, articles 101 to 112 of title 24, and section 42-4-306, to provide inspection services for vehicles required to be inspected in accordance with section 42-4-310 within the enhanced emissions program area, as set forth in subsection (9) of this section; to operate enhanced inspection centers necessary to perform inspections; and to operate the clean screen program within the program area.

(6)  Division means the division of administration in the department of

public health and environment.

(7)  Emissions inspector means:


(a)  An individual trained and licensed in accordance with section 42-4-308 to

inspect motor vehicles at an inspection-only facility, fleet inspection station, or motor vehicle dealer test facility subject to the enhanced emissions program set forth in this part 3; or

(b)  An individual employed by an enhanced inspection center who is

authorized by the contractor to inspect motor vehicles subject to the enhanced emissions program set forth in this part 3 and subject to the direction of said contractor.

(8)  Emissions mechanic means an individual licensed in accordance with

section 42-4-308 to inspect and adjust motor vehicles subject to the automobile inspection and readjustment program until such program is replaced as provided in sections 42-4-301 to 42-4-316 and to the basic emissions program after such replacement.

(8.5)  Enhanced emissions inspection means a motor vehicle emissions

inspection conducted pursuant to the enhanced emissions program, including a detection of high emissions by remote sensing, an identification of high emitters, a clean screen inspection, or an inspection conducted at an enhanced inspection center.

(9) (a)  Enhanced emissions program means the emissions inspection

program established pursuant to the federal requirements set forth in the federal performance standards, 40 CFR 51, subpart S, in the locations set forth in paragraph (c) of subsection (20) of this section.

(b)  (Deleted by amendment, L. 2009, (SB 09-003), ch. 322, p. 1714, � 1,

effective June 1, 2009.)

(10)  Enhanced inspection center means a strategically located, single- or

multi-lane, high-volume, inspection-only facility operated in the enhanced emissions program area by a contractor not affiliated with any other automotive-related service, which meets the requirements of sections 42-4-305 and 42-4-306, which is equipped to enable vehicle exhaust gas and evaporative and chlorofluorocarbon emissions inspections, and which the owner or operator is authorized to operate by the executive director as an inspection-only facility.

(11)  Environmental protection agency means the federal environmental

protection agency.

(12)  Executive director means the executive director of the department of

revenue or the designee of such executive director.

(13)  Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et

seq., as in effect on November 15, 1990, and any federal regulation promulgated pursuant to said act.

(14)  Federal requirements means regulations of the environmental

protection agency pursuant to the federal act.

(15)  Fleet inspection station means a facility which meets the requirements

of section 42-4-308, which is equipped to enable appropriate emissions inspections as prescribed by the commission and which the owner or operator is licensed to operate by the executive director as an inspection station for purposes of emissions testing on vehicles pursuant to section 42-4-309.

(15.5)  Repealed.


(16)  Inspection and readjustment station means:


(a)  Repealed.


(b) (I)  A facility within the basic emissions program area as defined in

subsection (20) of this section which meets the requirements of section 42-4-308, which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and any necessary adjustments and repairs to be performed, and which facility the owner or operator is licensed by the executive director to operate as an inspection and readjustment station.

(II)  This paragraph (b) is effective January 1, 1994.


(17) (a)  Inspection-only facility means a facility operated by an independent

owner-operator within the enhanced program area as defined in subsection (20) of this section which meets the requirements of section 42-4-308 and which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and which facility the operator is licensed to operate by the executive director as an inspection-only facility. Such inspection-only facility shall be authorized to conduct inspections on model year 1981 and older vehicles.

(b)  This subsection (17) is effective January 1, 1995.


(18)  Motor vehicle, as applicable to the AIR program, includes only a motor

vehicle that is operated with four wheels or more on the ground, self-propelled by a spark-ignited engine burning gasoline, gasoline blends, gaseous fuel, blends of liquid gasoline and gaseous fuels, alcohol, alcohol blends, or other similar fuels, having a personal property classification of A, B, or C pursuant to section 42-3-106, and for which registration in this state is required for operation on the public roads and highways or which motor vehicle is owned or operated or both by a nonresident who meets the requirements set forth in section 42-4-310 (1)(c). Motor vehicle does not include kit vehicles; vehicles registered pursuant to section 42-12-301 or 42-3-306 (4); vehicles registered pursuant to section 42-12-401 that are of model year 1975 or earlier or that have two-stroke cycle engines manufactured prior to 1980; or vehicles registered as street-rods pursuant to section 42-3-201.

(19) (a)  Motor vehicle dealer test facility means a stationary or mobile

facility which is operated by a state trade association for motor vehicle dealers which is licensed to operate by the executive director as a motor vehicle dealer test facility to conduct emissions inspections.

(b) (I)  Inspections conducted pursuant to section 42-4-309 (3) by a motor

vehicle dealer test facility shall only be conducted on used motor vehicles inventoried or consigned in this state for retail sale by a motor vehicle dealer that is licensed pursuant to part 1 of article 20 of title 44 and that is a member of the state trade association operating the motor vehicle dealer test facility.

(II)  [Editor's note: This version of subsection (19)(b)(II) is effective until July

1, 2027.] Inspection procedures used by a motor vehicle dealer test facility pursuant to this paragraph (b) shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules and regulations of the commission.

(II)  [Editor's note: This version of subsection (19)(b)(II) is effective July 1,

1. For the applicability of this subsection (19)(b)(II) on or after January 1, 2028, see the editor's note following this section.] Except as provided in section 42-4-310 (2)(a)(II), inspection procedures used by a motor vehicle dealer test facility pursuant to this subsection (19)(b) must include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules of the commission.

   (20) (a) Program area means the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver, excluding the following areas and subject to paragraph (d) of this subsection (20):

   (I) That portion of Adams county that is east of Kiowa creek (Range sixty-two west, townships one, two, and three south) between the Adams-Arapahoe county line and the Adams-Weld county line;

   (II) That portion of Arapahoe county that is east of Kiowa creek (Range sixty-two west, townships four and five south) between the Arapahoe-Elbert county line and the Arapahoe-Adams county line;

   (III) That portion of El Paso county that is east of the following boundary, defined on a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton highway (El Paso county route 463) to Falcon highway, then west on Falcon highway (El Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county route 405) to Judge Orr road, then west on Judge Orr road (El Paso county route 108) to Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county line;

   (IV) That portion of Larimer county that is west of the boundary defined on a north-to-south axis by Range seventy-one west and north of the boundary defined on an east-to-west axis by township five north, that portion that is west of the boundary defined on a north-to-south axis by range seventy-three west, and that portion that is north of the boundary latitudinal line 40 degrees, 42 minutes, 47.1 seconds north;

   (V) That portion of Weld county that is north of the boundary defined on an east-to-west axis by Weld county road 78; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 43 and north of the boundary defined on an east-to-west axis by Weld county road 62; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 49, south of the boundary defined on an east-to-west axis by Weld county road 62 and north of the boundary defined on an east-to-west axis by Weld county road 46; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 27, south of the boundary defined on an east-to-west axis by Weld county road 46 and north of the boundary defined on an east-to-west axis by Weld county road 36; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 19, south of the boundary defined on an east-to-west axis by Weld county road 36 and north of the boundary defined on an east-to-west axis by Weld county road 20; and that portion that is east of the boundary defined on a north-to-south axis by Weld county road 39 and south of the boundary defined on an east-to-west axis by Weld county road 20.

   (b) Effective January 1, 2010, the basic emissions program area shall consist of the county of El Paso, as described in paragraph (a) of this subsection (20).

   (c) (I) Effective January 1, 2010, the enhanced emissions program area shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver as described in paragraph (a) of this subsection (20) and subject to paragraph (d) of this subsection (20). Notwithstanding any other provision of this section, vehicles registered in the counties of Larimer and Weld shall not be required to obtain a certificate of emissions control prior to July 1, 2010, in order to be registered or reregistered.

   (II) (Deleted by amendment, L. 2003, p. 1357, � 1, effective August 6, 2003.)

   (III) Only those counties included in the basic emissions program area pursuant to paragraph (b) of this subsection (20) that violate national ambient air quality standards for carbon monoxide or ozone as established by the environmental protection agency may, on a case-by-case basis, be incorporated into the enhanced emissions program by final order of the commission.

   (d) The commission shall review the boundaries of the program area and may, by rule promulgated on or before December 31, 2011, adjust such boundaries to exclude particularly identified regions from either the basic program area, the enhanced area, or both, based on an analysis of the applicable air quality science and the effects of the program on the population living in such regions.

   (21) Registered repair facility or technician means an automotive repair business which has registered with the division, agrees to have its emissions-related cost effectiveness monitored based on inspection data, and is periodically provided performance statistics for the purpose of improving emissions-related repairs. Specific repair effectiveness information shall subsequently be provided to motorists at the time of inspection failure.

   (22) State implementation plan or SIP means the plan required by and described in section 110 (a) of the federal act.

   (23) Technical center means any facility operated by the division or its designee to support AIR program activities including but not limited to licensed emissions inspectors or emissions mechanics, motorists, repair technicians, or small business technical assistance.

   (23.5) Vehicle means a motor vehicle as defined in subsection (18) of this section.

   (24) Verification of emissions test means a certificate to be attached to a motor vehicle's windshield verifying that the vehicle has been issued a valid certification of emissions control.

   Source: L. 94: (17) amended, p. 1647, � 84, effective May 31; (6) amended, p. 2809, � 582, effective July 1; entire title amended with relocations, p. 2274, � 1, effective January 1, 1995. L. 95: (5) and (9) amended, p. 953, � 8, effective May 25. L. 96: (18) amended, p. 441, � 6, effective July 1. L. 98: (3)(d) amended, p. 230, � 1, effective April 10; (3.5) added, p. 891, � 1, effective May 26. L. 2001: (5) amended and (8.5) added, p. 1013, � 2, effective June 5. L. 2003: (3)(e) added, p. 1589, � 6, effective May 2; (3)(b)(I) amended, p. 1602, � 1, effective August 6; (3)(d) amended, p. 2186, � 1, effective August 6; IP(20)(a), (20)(c)(I), and (20)(c)(II) amended and (20)(d) added, p. 1357, � 1, effective August 6. L. 2005: (3)(b)(I) and (18) amended, p. 1173, � 11, effective August 8. L. 2006: (15.5) and (23.5) added, p. 1025, � 2, effective July 1; (18) amended, p. 1411, � 2, effective July 1, 2007. L. 2009: (2), (3)(c), (9), (18), and (20) amended, (SB 09-003), ch. 322, p. 1714, � 1, effective June 1. L. 2010: (18) amended, (SB 10-212), ch. 412, p. 2038, � 17, effective July 1. L. 2011: (3)(c) repealed and (18) amended, (SB 11-031), ch. 86, p. 245, �� 8, 9, effective August 10. L. 2012: (15.5) repealed, (SB 12-034), ch. 107, p. 363, � 2, effective August 8. L. 2013: (3)(b) amended, (HB 13-1300), ch. 316, p. 1709, � 138, effective August 7; (3)(b)(II) amended, (HB 13-1071), ch. 370, p. 2161, � 3, effective August 7. L. 2017: (19)(b)(I) amended, (SB 17-240), ch. 395, p. 2065, � 51, effective July 1. L. 2018: (19)(b)(I) amended, (SB 18-030), ch. 7, p. 141, � 17, effective October 1. L. 2025: IP and (5) amended, (SB 25-321), ch. 387, p. 2172, � 1, effective August 6; (19)(b)(II) amended, (HB 25-1281), ch. 176, p. 736, � 4, effective July 1, 2027.

   Editor's note: (1) This section is similar to former � 42-4-307 as it existed prior to 1994.

   (2) Subsection (17) was originally numbered as � 42-4-307 (16.5), and the amendments to it in Senate Bill 94-206 were harmonized with Senate Bill 94-001; amendments to subsection (6) in House Bill 94-1029 were harmonized with Senate Bill 94-001.

   (3) Subsection (16)(a)(II)(C) provided for the repeal of subsection (16)(a), effective July 1, 1995. (See L. 94, p. 2274.)

   (4) Amendments to subsection (3)(b)(II) by House Bill 13-1071 and House Bill 13-1300 were harmonized.

   (5) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado 2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.

   Cross references: For the legislative declaration contained in the 2001 act amending subsection (5) and enacting subsection (8.5), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (15.5) and (23.5), see section 1 of chapter 225, Session Laws of Colorado 2006.

C.R.S. § 42-4-306

42-4-306. Powers and duties of commission - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules - repeal. (1) The commission shall develop and evaluate motor vehicle inspection and readjustment programs for the enhanced program area and basic program area and may promulgate such regulations as may be necessary to implement and maintain the necessary performance of said programs consistent with the federal act.

(2)  The commission shall develop and formulate training and qualification

programs for state-employed motor vehicle emissions compliance officers to include annual auditor proficiency evaluations.

(3) (a) (I) (A)  The commission shall promulgate rules and regulations for the

training, testing, and licensing of emissions inspectors and emissions mechanics and the licensing of inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and the authorization of enhanced inspection centers; the standards and specifications for the approval, operation, calibration, and certification of exhaust gas and evaporative emissions measuring instrumentation or test analyzer systems; and the procedures and practices to ensure the proper performance of inspections, adjustments, and required repairs.

(B)  Specifications adopted by the commission for exhaust gas measuring

instrumentation in the program areas shall conform to the federal act and federal requirements, including electronic data transfer, and may include bar code capabilities.

(C)  Upon the adoption of specifications for measuring instruments and test

analyzer systems, the division, in consultation with the executive director, may invite bids for the procurement of instruments that meet federal requirements or guidelines and the standards of the federal act. The invitation for bids for test analyzer systems for the basic emissions program and the inspection-only facilities in the enhanced emissions program must include the requirements for data collection and electronic transfer of data as established by the commission, service and maintenance requirements for such instruments for the period of the contract, requirements for replacement or loan instruments in the event that the purchased or leased instruments do not function, and the initial purchase or lease price.

(II)  Points of no greater than five percent shall be assigned to those

respondents that make the greatest use of Colorado goods, services, and the participation of small business. Licensed inspection and readjustment stations, inspection-only facilities, fleet inspection stations, and motor vehicle dealer test facilities, if applicable, which are required to purchase commission-approved test analyzer systems shall purchase them pursuant to the bid procedure of the department of personnel.

(III)  Mobile test analyzer systems for motor vehicle dealer test facilities shall

comply with commission specifications developed pursuant to subparagraph (I) of this paragraph (a).

(b) (I)  For the enhanced emissions program, the commission shall develop

system design standards, performance standards, and contractor requirements. Upon the adoption of such criteria, the division in consultation with the executive director may, according to procedures and protocol established in the Procurement Code, articles 101 to 112 of title 24, C.R.S., enter into a contract for the design, construction, equipment, maintenance, and operation of enhanced inspection centers to serve affected motorists. The criteria for the award of such contract shall include, but shall not be limited to, such criteria as the contractor's qualifications and experience in providing emissions inspection services, financial and personnel resources available for start-up, technical or management expertise, and capacity to satisfy such requirements for the life of the contract.

(II)  Inspection procedures, equipment calibration and maintenance, and data

storage and transfer shall comply with federal requirements and may include bar code capability. The system shall provide reasonable convenience to the public.

(III)  Points of no greater than five percent shall be assigned to those

respondents who make the greatest use of Colorado goods, services, and participation of small businesses.

(IV)  A contract for inspection services must have a term determined by the

division and is subject to rebidding under this subsection (3)(b).

(V) (A)  Notwithstanding any contrary provision in the Procurement Code,

articles 101 to 112 of title 24, or this article 4, a contract for inspection services may be renewed for a term as determined by the division; except that inspection fees are determined under section 42-4-311 (6).

(B)  The commission shall have rule-making authority to implement any

environmental protection agency-approved alternative emissions inspection services or technologies, including on-board diagnostics, so long as such inspection technologies provide SIP credits equal to or greater than those currently in the SIP.

(VI)  Upon the division making a recommendation or during the renewal of a

contract, the commission may adopt a rule to set or adjust the inspection fees as described in section 42-4-311 (4)(a)(I) or (6)(a). The commission shall request supporting documentation or financial analyses from the contractor to inform the commission's decision. If the commission raises the fee, the division shall make a report to the transportation legislation review committee created in section 43-2-145 during the scheduled interim meetings that follow the fee change, but not less then sixty days following adoption of the rule. The report must:

(A)  List the fees being changed and the amounts of the changes;


(B)  Provide an explanation for the changes and an analysis of why the

changes are needed.

(4) (a)  The commission shall develop a program to train and examine all

applicants for an emissions inspector or emissions mechanic license. Training of emissions inspectors who are employed at enhanced inspection centers within the enhanced emissions program area shall be administered by the contractor subject to the commission's oversight. Emissions mechanic training shall be performed by instructors certified in accordance with commission requirements. Training classes shall be funded by tuition charged to the participants unless private or federal funds are available for such training. The qualifications and licensing examination for emissions inspectors, excluding such inspectors at enhanced inspection centers, who shall be authorized by and under the direction of the contractor, shall include a test of the applicant's knowledge of the technical and legal requirements for emissions testing, knowledge of data and emissions testing systems, and an actual demonstration of the applicant's ability to perform emissions inspection procedures.

(b)  Emissions inspector and emissions mechanic licenses shall expire two

years after issuance. The commission shall establish technical standards for renewing emissions inspector and emissions mechanic licenses to include requirements for retraining on a biennial schedule.

(c)  The commission shall establish minimum performance criteria for

licensed emissions inspectors and emissions mechanics.

(5)  The commission shall perform its duties, as provided in sections 42-4-301

to 42-4-316, with the cooperation and aid of the division.

(6) (a)  The commission shall develop and adopt, and may from time to time

revise, regulations providing inspection procedures for detection of tampering with emissions-related equipment and on-board diagnostic systems and emissions standards for vehicle exhaust and evaporative gases, the detection of chlorofluorocarbons, and smoke opacity, as prescribed in section 42-4-412, with which emissions standards vehicles inspected in accordance with section 42-4-310 would be required to comply prior to issuance of certification of emissions compliance. Such inspection procedures and emissions standards shall be proven cost-effective and air pollution control-effective on the basis of detailed research conducted by the department of public health and environment in accordance with section 25-7-130, C.R.S., and shall be designed to assure compliance with the federal act, federal requirements, and the state implementation plan. Emissions standards shall be established for carbon monoxide, exhaust and evaporative hydrocarbons, oxides of nitrogen, and chlorofluorocarbons.

(b) (I)  The commission shall adopt regulations which provide standards for

motor vehicles and shall adopt by December 1 of each subsequent year standards for motor vehicles of one additional model year.

(II)  Standards for carbon monoxide, exhaust and evaporative hydrocarbons,

and oxides of nitrogen shall be no more stringent than those established pursuant to the federal act and federal requirements. The cut-points established for such standards prior to December 1, 1998, shall not be increased until on or after January 1, 2000.

(c)  Repealed.


(d)  Test procedures may authorize emissions inspectors or emissions

mechanics to refuse testing of a vehicle that would be unsafe to test or that cannot physically be inspected, as specified by the commission; except that refusal to test a vehicle for such reasons shall not excuse or exempt such vehicle from compliance with all applicable requirements of this part 3.

(7) (a)  The commission shall by regulation require the owner of a motor

vehicle for which a certification of emissions control is required to obtain such certification. Such regulation shall provide:

(I)  That a certification of emissions compliance be issued for the vehicle if, at

the time of inspection or, after completion of required adjustments or repairs, the exhaust and evaporative gases and visible emissions from said vehicle comply with the applicable emissions standards adopted pursuant to subsection (6) of this section, and that applicable emissions control equipment and diagnostic systems are intact and operable, and, for model year 1995 and later vehicles, compliance with each applicable emissions-related recall campaign, or remedial action, as defined by the federal act, has been demonstrated.

(II) (A)  That a certification of emissions waiver be issued for the motor vehicle

if, at the time of inspection, the exhaust gas or evaporative emissions from said vehicle do not comply with the applicable emissions standards but said vehicle is adjusted or repaired by a registered repair technician or at a registered repair facility within the enhanced program area, or at a licensed inspection and repair station within the basic program area, whichever is appropriate, to motor vehicle manufacturer specifications and repair procedures as provided by regulation of the commission.

(B)  Such specifications shall require that such motor vehicles be retested for

exhaust gas emissions and evaporative emissions, if applicable, after such adjustments or repairs are performed, but, except as provided in section 42-4-310 (1)(d), no motor vehicle shall be required to receive additional repairs, maintenance, or adjustments beyond such specifications or repairs following such retest as a condition for issuance of a certification of emissions waiver.

(C)  A time extension not to exceed the period of one inspection cycle may be

granted in accordance with commission regulation to obtain needed repairs on a vehicle in the case of economic hardship when waiver requirements pursuant to commission regulation have not been met, but such extension may be granted only once per vehicle.

(D)  Notwithstanding any provisions of this section, a temporary certificate of

emissions control may be issued by state AIR program personnel for vehicles required to be repaired, if such repairs are delayed due to unavailability of needed parts.

(E)  The results of the initial test, retests, and final test shall be given to the

owner of the motor vehicle.

(F)  The issuance of temporary certificates shall be entered into the main

computer database for the AIR program through the use of electronic records.

(G)  The commission is authorized to reduce the emissions-related repair

expenditure limit established in section 42-4-310 (1)(d)(III) for hydrocarbons and oxides of nitrogen if applicable federal requirements are met, and the environmental protection agency has approved a maintenance plan submitted by the state to ensure continued compliance with such federal requirements.

(b) (I)  The commission shall by regulation provide that no vehicle shall be

issued a certificate of emissions compliance or waiver if emissions control equipment and diagnostic or malfunction indicator systems, including microprocessor control systems, are not present, intact, and operational, if repairs were not appropriate and did not address the reason for the emissions failure, or if the vehicle emits visible smoke.

(II)  The commission shall provide by regulation that no model year 1995 or

later vehicle shall be issued a certificate of emissions control unless compliance with each applicable emissions-related recall campaign or remedial action, as defined in the federal act, has been demonstrated.

(8) (a)  The commission may exempt motor vehicles of any make, model, or

model year from the periodic inspection requirements of section 42-4-310.

(b)  Pursuant to section 42-4-310 (1), the commission may increase the

effective duration of certifications of emissions compliance issued for new motor vehicles without inspection.

(c)  Notwithstanding any other provision of this subsection (8), the

commission shall adopt rules requiring inspections of motor vehicles that are:

(I)  Registered in Colorado and outside the program area;


(II)  Regularly operated inside the program area;


(III)  Identified as producing excess emissions under the clean screen

program; and

(IV) (A)  Within the two-year vehicle inspection cycle; or


(B)  Exempt from periodic inspection in accordance with rules adopted under

subsection (8)(a) of this section.

(9) (a) (I)  The commission shall continuously evaluate the entire AIR program

to ensure compliance with the state implementation plan and federal law. Such evaluation shall be based on continuing research conducted by the department of public health and environment in accordance with section 25-7-130, C.R.S. Such evaluation shall include assessments of the cost-effectiveness and air pollution control-effectiveness of the program.

(II)  The commission shall establish on a case-by-case basis and pursuant to

final order any area of a county included in the basic emissions program area pursuant to section 42-4-304 (2) which shall be incorporated into the enhanced emissions program because it violates national ambient air quality standards on or after January 1, 1996, as established by the environmental protection agency.

(b)  Such evaluation shall include a determination of the number of motor

vehicles that fail to meet the applicable emissions standards after the adjustments and repairs required by subsection (7) of this section are made. If the commission finds that a significant number of motor vehicles do not meet the applicable emissions standards after such adjustments or repairs are made, the commission shall develop recommendations designed to improve the air pollution control-effectiveness of the program in a cost-effective manner.

(c)  The evaluation shall also include an assessment of the methods of

controlling or reducing exhaust gas emissions from motor vehicles of the model year 1981 or a later model year that are equipped with microprocessor-based emissions control systems and on-board diagnostic systems. Such evaluation shall include, if necessary for such motor vehicles, the development of more accurate alternative procedures to include the adjustments and repairs specified in subparagraph (II) of paragraph (a) of subsection (7) of this section, and such alternative procedures may require the replacement of inoperative or malfunctioning emissions control components. Such alternative procedures shall be designed to achieve control of emissions from such motor vehicles which is equivalent to or greater than the control performance level provided by performance standards established pursuant to the federal act.

(d)  Such evaluation shall also include an annual assessment of in-use vehicle

emissions performance levels by random testing of a representative sample of at least one-tenth of one percent of the vehicles subject to the enhanced emissions program requirements.

(10)  The commission shall develop and implement, and shall revise as

necessary, inspection procedures to detect tampering, poor maintenance, mis-fueling, and contamination of emissions control systems to include proper operation of on-board diagnostic systems.

(11) (a)  The commission, with the cooperation of the department of public

health and environment, the department of revenue, the contractor, and the owners or operators of the inspection and readjustment stations, inspection-only facilities, and motor vehicle dealer test facilities, shall implement an ongoing project designed to inform the public concerning the operation of the program and the benefits to be derived from such program.

(b) (I)  The commission shall, as part of such project and with the cooperation

of the department of public health and environment, the department of revenue, the contractor, and the owners or operators of the inspection and readjustment stations and inspection-only facilities prepare and cause the distribution of consumer protection information for the benefit of the owners of vehicles required to be inspected pursuant to section 42-4-310.

(II)  This information shall include an explanation of the program, the owner's

responsibilities under the program, the procedures to be followed in performing the inspection, the adjustments and repairs required for vehicles to pass inspection, cost expenditure limits pursuant to section 42-4-310 (1)(d) for such adjustments or repairs, the availability of diagnostic information to aid repairs, and a listing of registered repair facilities and technicians, and the package may include information on other aspects of the program as the commission determines to be appropriate.

(c)  In addition to distribution of such information, the commission shall

actively seek the assistance of the electronic and print media in communicating such information to the public and shall utilize such other means and manners of disseminating the information as are likely to effectuate the purpose of the program.

(12) (a)  The commission, with the cooperation of the executive director of the

department of public health and environment, shall conduct or cause to be conducted research concerning the presence of pollutants in the ambient air, which research shall include continuous monitoring of ambient air quality and modeling of sources concerning their impacts on air quality. Such research shall identify pollutants in the ambient air which originate from motor vehicle exhaust gas emissions and shall identify, quantify, and evaluate the ambient air quality benefit derived from the automobile inspection and readjustment program, from the federal new motor vehicle exhaust emissions standards, and from changes in vehicle miles traveled due to economic or other factors. Each such evaluation shall be reported separately to assess the air pollution control-effectiveness and cost-effectiveness of the pollution control strategy.

(b)  Repealed.


(13) (a)  The commission shall identify motor vehicle populations contributing

significantly to ambient pollution inventories by utilizing mobile source computer models approved by the environmental protection agency. The commission shall develop and implement more stringent or frequent, or both, inspection criteria for those vehicles with significant pollution contributions.

(b) [Editor's note: Subsection (13)(b) is effective April 1, 2027. (see editor's

note following this section)]

(I) The commission may adopt rules to identify motor vehicles with excess emissions that regularly operate within the program area. The rules must require that motor vehicles identified as having excess emissions comply with the emissions and maintenance requirements of this part 3 and are subject to enforcement under rules adopted by the commission.

(II)  Motor vehicles operating in the program area that failed an enhanced

emissions inspection and are subsequently registered outside the program area must comply with the emissions and maintenance requirements of this part 3 and are subject to enforcement under rules adopted by the commission.

(III) (A)  This subsection (13)(b) is effective April 1, 2027.


(B)  This subsection (13)(b)(III) is repealed, effective July 1, 2027.


(14) (a)  Consistent with section 42-4-305, the commission shall promulgate

technical rules and regulations governing quality control and audit procedures to be performed by the department of revenue as provided in section 42-4-305. Such regulations shall address all technical aspects of program oversight and quality assurance to include covert and overt performance audits and state implementation plan compliance.

(b)  To ensure compliance with the state implementation plan and federal

requirements the commission shall promulgate technical rules and regulations to address motor vehicle fleet and motor vehicle dealer inspection protocol and quality control and audit procedures.

(15)  The commission shall provide for additional enforcement of the

inspection programs by encouraging the adoption of local ordinances and active participation by local law enforcement personnel, parking control, and code enforcement officers against vehicles suspected to be out of compliance with inspection requirements.

(16) (a) (I)  The commission shall promulgate rules and regulations governing

the issuance of emissions-related repair waivers consistent with section 42-4-310.

(II)  Within the enhanced program area waivers shall only be issued by

authorized state personnel and enhanced inspection center personnel specifically authorized by the executive director.

(b)  The issuance of all waivers shall be controlled and accountable to the

main computer database for the AIR program by electronic record to ensure that maximum allowable waiver rate limits for both program types, as defined by the federal act, are not exceeded.

(17)  For the enhanced emissions program, the commission shall promulgate

rules and regulations establishing a network of enhanced inspection centers and inspection-only facilities within the enhanced emissions program area consistent with the following:

(a) (I)  Owners, operators, and employees of enhanced inspection centers and

independent inspection-only facilities within the enhanced program area are prohibited from engaging in any motor vehicle repair, service, parts sales, or the sale or leasing of motor vehicles and are prohibited from referring vehicle owners to particular providers of motor vehicle repair services; except that minor repair of components damaged by center or facility personnel during inspection at the center or facility, such as the reconnection of hoses, vacuum lines, or other measures pursuant to commission regulation that require no more than five minutes to complete, may be undertaken at no charge to the vehicle owner or operator if authorized.

(II)  The operation of a motor vehicle dealer test facility shall not be

considered to be engaging in any motor vehicle repair service, parts sales, or the sale or leasing of motor vehicles by a member of the state trade association operating such motor vehicle dealer test facility.

(b)  Owners, operators, and employees of enhanced inspection centers shall

ensure motorists and other affected parties reasonable convenience. Inspection services shall be available prior to, during, and after normal business hours on weekdays, and at least five hours on a weekend day.

(c)  Owners, operators, and employees of enhanced inspection centers shall

take appropriate actions, such as opening additional lanes, to avoid exceeding average motorist wait times of greater than fifteen minutes by designing optimized single- or multi-lane high-volume throughput systems.

(d)  Owners or operators of enhanced inspection centers may develop, and

are encouraged to develop, and implement alternate strategies including but not limited to off-peak pricing to reduce end-of-the-month wait times.

(e)  The network of enhanced inspection centers shall be located to provide

adequate coverage and convenience. At a minimum, the number of enhanced inspection centers shall be equivalent to the network that existed on January 1, 2000, and the hours of operation shall be determined by the contract.

(f)  Within the enhanced emissions program area the commission shall

provide for the operation of licensed inspection-only facilities. Applicable facility and inspector licensing, inspection procedures, and criteria shall be pursuant to rule and regulation of the commission and compliance with federal requirements. Inspection-only facilities shall be authorized to provide inspection services for all classes of motor vehicles as defined in section 42-4-304 (18) of the model year 1981 and older. Inspection-only owners or operators, or both, shall comply with paragraph (a) of this subsection (17).

(18)  For the basic emissions program, inspection stations within the basic

emissions program area which are licensed in accordance with section 42-4-308 may conduct inspections or provide motor vehicle repairs as well as offer emissions inspection services.

(19)  The commission shall give at least sixty days' notice to the executive

director prior to conducting any rule-making hearing pursuant to this article, except where the commission finds that an emergency exists under section 24-4-103 (6), C.R.S. The executive director shall participate as a party in any such hearing. Prior to promulgating any rule under this article, the commission shall consider the potential budgetary and personnel impacts any such rule may have on the department of revenue.

(20) (a)  The commission shall develop and maintain a small business

technical assistance program through the automobile inspection and repair program to provide information and to aid automotive businesses and technicians. As an element of this program, the commission shall develop a voluntary program for the training of registered repair technicians, to be funded by tuition charged to the participants, unless federal or private funds are made available for such training.

(b)  For the enhanced emissions program, the commission shall provide for

the voluntary registration of repair facilities and repair technicians within the enhanced emissions program area. Emissions-related repair effectiveness shall be monitored and periodically reported to participating facilities and technicians. Technical assistance shall be provided to those repair technicians and repair facilities needing improvement in repair effectiveness. The commission shall require that emissions-related repair effectiveness information regarding registered repair facilities be made available to the public.

(21) (a)  The commission shall investigate and develop other supplemental or

alternative motor vehicle related emissions reduction strategies, including but not limited to cash for clunkers, which may complement or enhance the performance of the AIR program. Such strategies must be creditable under the state implementation plan and be proven cost-effective.

(b)  (Deleted by amendment, L. 2002, p. 870, � 5, effective August 7, 2002.)


(22)  The commission shall develop rules and regulations with respect to

emissions inspection procedures and standards of motor vehicles which operate on alternative motor fuels including but not limited to compressed natural gas, liquid petroleum gas, methanol, and ethanol. Such rules and regulations shall be developed for both the basic emissions program and the enhanced emissions program. The commission shall evaluate whether dual fuel motor vehicles should be inspected on both fuels and whether such vehicles shall be charged for one or two inspections.

(23) (a)  The commission shall promulgate rules governing the operation of

the clean screen program. Such rules shall authorize the division to commence the clean screen program in the basic emissions program area commencing as expeditiously as possible. Such rules shall authorize the division to extend, if feasible, the clean screen program to other parts of the state upon request of the lead air quality planning agencies for each respective area. Such rules shall govern operation of the clean screen program pursuant to the contract or service agreement entered into under section 42-4-307 (10.5). Such rules shall determine the percentage of the vehicle fleet targeted for the clean screen program, which percentage shall develop a target of the eligible vehicle fleet that meets air quality needs. Such rules shall specify emission levels for vehicles in the same manner as for other vehicles in the emissions program. The commission may, upon written request of the Pikes Peak area council of governments, exclude the El Paso county portion of the basic emissions program area from the clean screen program if the department of public health and environment receives written notification from the Pikes Peak area council of governments to such effect by June 1, 2001.

(b)  The rules promulgated pursuant to paragraph (a) of this subsection (23)

may also authorize the division to commence the clean screen program in the enhanced emissions program area commencing January 1, 2002, or as soon thereafter as is practical. The clean screen program may be implemented in the enhanced emissions program area only if the commission makes such a determination on or after July 1, 2001.

Source: L. 94: (17)(f) amended, p. 1647, � 85, effective May 31; (6), (9)(a)(I),

(11)(a), (11)(b)(I), and (12) amended, p. 2810, � 584, effective July 1; entire title amended with relocations, p. 2283, � 1, effective January 1, 1995. L. 95: (11)(b)(II) amended, p. 954, � 9, effective May 25; (3)(a)(II) amended, p. 667, � 108, effective July 1. L. 98: (3)(a)(I)(C), (3)(b)(IV), and (6)(b)(II) amended and (23) added, p. 892, � 3, effective May 26. L. 2001: (3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) amended and (3)(b)(V) added, p. 1013, � 3, effective June 5. L. 2002: (9)(a)(I), (9)(b), (9)(c), and (21)(b) amended, p. 870, � 5, effective August 7. L. 2003: (8) amended, p. 1602, � 2, effective August 6. L. 2016: (6)(c) and (12)(b) repealed, (SB 16-189), ch. 210, p. 797, � 119, effective June 6. L. 2025: (3)(a)(I)(C), (3)(b)(IV), (3)(b)(V)(A), and (13) amended and (3)(b)(VI) and (8)(c) added, (SB 25-321), ch. 387, p. 2172, � 2, effective June 3 (see editor's note).

Editor's note: (1)  This section is similar to former � 42-4-309 as it existed

prior to 1994.

(2)  Amendments to subsections (6), (9)(a)(I), (11)(a), (11)(b)(I), and (12) by House

Bill 94-1029 and amendments to subsection (17)(f) by Senate Bill 94-206 were harmonized with Senate Bill 94-001.

(3)  Section 11 of chapter 387 (SB 25-321), Session Laws of Colorado 2025,

provides that the act changing this section takes effect June 3, 2025. Subsection (13)(b)(III)(A) provides that subsection (13)(b) takes effect April 1, 2027.

Cross references: For the legislative declaration contained in the 2001 act

amending subsections (3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) and enacting subsection (3)(b)(V), see section 1 of chapter 278, Session Laws of Colorado 2001.

C.R.S. § 42-4-309

42-4-309. Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts with licensed inspection-only entities - rules. (1) (a) Any person in whose name twenty or more motor vehicles, required to be inspected, are registered in this state or to whom said number of vehicles are leased for a period of not less than six continuous months and who operates a motor vehicle repair garage or shop adequately equipped and manned, as required by section 42-4-308 and the rules and regulations issued pursuant thereto, may be licensed to perform said inspections as a fleet inspection station. Said inspections shall be made by licensed emissions inspectors or emissions mechanics. Such stations shall be subject to all licensing regulations and supervision applicable to inspection and readjustment stations. Fleet inspection stations shall inspect fleet vehicles in accordance with applicable requirements pursuant to rules and regulations promulgated by the commission. No person licensed pursuant to this section may conduct emissions inspections on motor vehicles owned by employees of such person or the general public, but only on those vehicles owned or operated by the person subject to the fleet inspection requirements. Any such motor vehicles are not eligible for a certificate of emissions waiver and shall be inspected annually. The commission shall promulgate such rules as may be necessary to establish non-loaded mode static idle inspection procedures, standards, and criteria under this section.

(b)  Each fleet operator licensed or operating within the enhanced program

area who is also licensed to operate a fleet inspection station shall assure that a representative sample of one-half of one percent or one vehicle, whichever is greater, of such operator's vehicle fleet is inspected annually at an inspection-only facility or enhanced inspection center. An analysis of the data gathered from any such inspection shall be performed by the department of public health and environment and provided to the department of revenue to determine compliance by such fleet with the self-inspection requirements of this section. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if such certification was issued when the vehicle was new.

(2) (a)  As an alternative to subsection (1) of this section, any person having

twenty or more vehicles registered in this state that are required to be inspected pursuant to section 42-4-310 may contract for periodic inspection services with a contractor or an inspection-only facility. Such inspections shall be in compliance with non-fleet vehicle requirements as specified in this part 3 and shall be performed by an authorized or licensed emissions inspector who shall be subject to all requirements and oversight as applicable.

(b)  Upon retail sale of any vehicle subject to fleet inspection to a party other

than a fleet operator, such vehicle shall be inspected at an authorized enhanced inspection center, licensed inspection-only facility, or licensed inspection and readjustment station, as applicable. A certificate of emissions compliance shall be required as a condition of the retail sale of any such vehicle.

(3) (a)  Any person licensed as a motor vehicle dealer pursuant to part 1 of

article 20 of title 44 in whose name twenty or more motor vehicles are registered or inventoried or consigned for retail sale in this state that are required to be inspected shall comply with the requirements of section 42-4-310 for the issuance of a certificate of emissions compliance at the time of the retail sale of the vehicle.

(b)  [Editor's note: This version of subsection (3)(b) is effective until July 1,

2027.] Within the enhanced emissions program, motor vehicle dealers licensed pursuant to part 1 of article 20 of title 44 may contract for used motor vehicle inspection services by a licensed motor vehicle dealer test facility. Pursuant to rules of the commission, inspection procedures shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests.

(b)  [Editor's note: This version of subsection (3)(b) is effective July 1, 2027.

For the applicability of this subsection (3)(b) on or after January 1, 2028, see the editor's note following this section.] Within the enhanced emissions program, motor vehicle dealers licensed pursuant to part 1 of article 20 of title 44 may contract for used motor vehicle inspection services by a licensed motor vehicle dealer test facility. Except as provided in section 42-4-310 (2)(a)(II) and pursuant to rules of the commission, inspection procedures must include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests.

(c)  1981 and older model vehicles held in inventory and offered for retail sale

by a used vehicle dealer may be inspected by a licensed inspection-only facility.

(d)  Within the basic emissions program, any person licensed as a motor

vehicle dealer pursuant to part 1 of article 20 of title 44 may be licensed to conduct inspections pursuant to subsections (1) and (2) of this section.

(4)  Nothing in this section shall preclude a fleet or motor vehicle dealer test

facility from participating in the basic or enhanced emissions program pursuant to this part 3 with the requirements of such program being determined by the county of residence or operation.

(5) (a)  Motor vehicle dealers selling any vehicle to be registered in the

enhanced program area shall comply with the enhanced program requirements.

(b)  Motor vehicle dealers selling any vehicle to be registered in the basic

program area shall comply with the basic program requirements.

(c)  If used motor vehicles for sale have been inspected by a motor vehicle

dealer test facility, the motor vehicle dealer shall comply with the standards and requirements established for motor vehicle dealer test facilities.

(6) (a)  On and after June 1, 1996, a motor vehicle dealer or a used motor

vehicle dealer licensed pursuant to part 1 of article 20 of title 44 that sells any vehicle subject to the enhanced emissions program may comply with sections 42-4-304 (3)(d) and 42-4-310 by providing the consumer of the vehicle a voucher purchased by the dealer from the contractor for the centralized enhanced emissions program, with or without charge to the consumer, up to the maximum amount charged for an emissions inspection at an enhanced inspection center. The voucher shall cover the cost of an emissions inspection of the vehicle at an enhanced inspection center and shall entitle the consumer to such an emissions inspection.

(b)  If a vehicle inspected with a voucher as authorized in this subsection

(6)(b) fails a test at an enhanced inspection center and is returned to the dealer within five business days after its purchase, the dealer, at its option, shall repair the motor vehicle to pass the emissions test, pay the consumer to obtain from a third party any repairs needed to pass the emissions test, or repurchase the vehicle at the vehicle's purchase price. After such payment, repair, or repurchase, a dealer is no longer liable to the consumer for compliance with the requirements of the enhanced emissions program.

(c)  The voucher to be delivered at time of sale shall set forth the conditions

described in paragraph (b) of this subsection (6) on a form prescribed by the department of revenue.

(7)  A motor vehicle dealer shall have a motor vehicle inspected annually

pursuant to section 42-4-310, but shall not be required to have such vehicle inspected more than once a year.

Source: L. 94: (1)(b) amended, p. 2812, � 587, effective July 1; entire title

amended with relocations, p. 2296, � 1, effective January 1, 1995. L. 96: (6) added, p. 1352, � 1, effective June 1. L. 2003: (1)(b) amended and (7) added, p. 1603, � 3, effective August 6. L. 2017: (3)(a), (3)(b), (3)(d), and (6)(a) amended, (SB 17-240), ch. 395, p. 2066, � 52, effective July 1. L. 2018: (3)(b) amended, (HB 18-1375), ch. 274, p. 1724, � 88, effective May 29; (3)(a), (3)(b), (3)(d), and (6)(a) amended, (SB 18-030), ch. 7, p. 141, � 18, effective October 1. L. 2022: (6)(b) amended, (SB 22-179), ch. 485, p. 3527, � 7, effective August 10. L. 2025: (3)(b) amended, (HB 25-1281), ch. 176, p. 736, � 5, effective July 1, 2027.

Editor's note: (1)  This section is similar to former � 42-4-311 as it existed prior

to 1994, and the former � 42-4-309 was relocated to � 42-4-306.

(2)  Amendments to subsection (1)(b) by House Bill 94-1029 were harmonized

with Senate Bill 94-001.

(3)  Amendments to subsection (3)(b) by HB 18-1375 and SB 18-030 were

harmonized.

(4)  Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado

2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.

C.R.S. § 42-7-406

42-7-406. Proof required under certain conditions. (1) Whenever the director revokes the license of any person pursuant to section 42-2-125 or 42-2-126, or cancels any license pursuant to section 42-2-122 because of the licensee's inability to operate a motor vehicle because of physical or mental incompetence, or cancels any probationary license pursuant to section 42-2-127, the director shall not issue to or continue in effect for any such person any new or renewal of license until permitted under the motor vehicle laws of this state, and not then until and unless such person files or has filed and maintains proof of financial responsibility as provided in this article 7; except that persons whose licenses are canceled pursuant to section 42-2-122 (2.5) or revoked for a first offense pursuant to section 42-2-125 (1)(g.5) or a first offense pursuant to section 42-2-126 (3)(b) or (3)(e) are not be required to file proof of financial responsibility in order to be relicensed.

(1.5) (a)  Whenever the director revokes the license of a person under section

42-2-126 (3)(a), (3)(c), or (3)(d) for a second or subsequent offense and such person was driving the same vehicle in two or more of such offenses but did not own such vehicle, the director shall mail a notice to the owner of the vehicle pursuant to section 42-2-119 (2). In such notice, the director shall inform the owner that:

(I)  The operator of the motor vehicle owned by the owner has been involved

in multiple alcohol-related driving violations while operating the owner's vehicle;

(II)  Because of the risks to the public connected with the use of the vehicle in

alcohol-related driving violations, it is necessary for the motor vehicle owner to establish proof of financial responsibility;

(III)  Within thirty days after the date of mailing of the notice, the owner is

required to file proof of financial responsibility for the future pursuant to the requirements of section 42-7-408 or to request a hearing regarding the applicability of this requirement to the owner;

(IV)  The vehicle owner is entitled to a hearing and judicial review pursuant to

section 42-7-201;

(V)  If the owner has not filed proof of financial responsibility or requested a

hearing within thirty days after the date of mailing of the notice, the department will suspend the driver's license or nonresident operating privilege of the owner.

(b)  If proof of financial responsibility for the future is required under this

subsection (1.5), such proof shall be maintained for a period of three years as required by section 42-7-408 (1)(b).

(c)  This subsection (1.5) does not apply to a motor vehicle that is:


(I)  Rented from a person, firm, corporation, or other business entity whose

primary business is the rental of motor vehicles; or

(II)  Rented or loaned from a person, firm, corporation, or other business

entity whose primary business is operation as a motor vehicle repair facility and who is providing such motor vehicle to the person while a motor vehicle is being repaired.

(2) (a)  Whenever the director suspends the license of any person under

section 42-2-127, the director shall not issue a probationary license to such person, nor shall the director at the termination of such person's period of suspension reinstate, reissue, renew, or issue a new license to such person unless such person furnishes the director evidence of insurance to show that the person is then insured, unless such person has deposited or deposits money or securities as provided in section 42-7-418.

(b)  Evidence of insurance required pursuant to this subsection (2) does not

require the use of the form known as the SR-22 or any substantially similar form.

Source: L. 94: Entire title amended with relocations, p. 2481, � 1, effective

January 1, 1995. L. 95: Entire section amended, p. 709, � 5, effective May 23. L. 97: (1) amended, p. 1536, � 1, effective July 1; (1) amended, p. 1388, � 9, effective July 1; (1) amended, p. 1469, � 16, effective July 1. L. 98: (1) amended, p. 1436, � 9, effective July 1; (1.5) added, p. 1241, � 7, effective July 1. L. 99: (1) amended, p. 392, � 4, effective July 1. L. 2002: (1) amended, p. 1586, � 20, effective July 1. L. 2003: (1) amended, p. 1905, � 6, effective July 1. L. 2008: (1) and IP(1.5)(a) amended, p. 254, � 24, effective July 1. L. 2009: (1) amended, (HB 09-1266), ch. 347, p. 1821, � 15, effective August 5. L. 2021: (1) amended, (HB 21-1314), ch. 460, p. 3101, � 17, effective January 1, 2022.

Editor's note: Amendments to subsection (1) by House Bill 97-1003, House

Bill 97-1125, and House Bill 97-1301 were harmonized.

Cross references: For the legislative declaration contained in the 1998 act

enacting subsection (1.5), see section 1 of chapter 295, Session Laws of Colorado 1998.

C.R.S. § 42-8-111

42-8-111. Cooperative agreements with contiguous states for operations of ports of entry - rules. (1) In addition to any other powers granted by law, the chief of the Colorado state patrol is hereby authorized to negotiate and enter into cooperative agreements with the designated representatives of contiguous states for the operations of ports of entry at the borders between Colorado and such contiguous states.

(2)  An agreement with a contiguous state or contiguous states for the

operation of ports of entry at the borders between Colorado and such contiguous state or states entered into under the provisions of this section may include, but shall not be limited to, the following provisions:

(a)  The joint operation of ports of entry by Colorado and a contiguous state

or contiguous states;

(b)  A grant of authority to the port of entry employees and officials of

Colorado and to the port of entry employees and officials of each other state which is a party to such agreement to:

(I)  Collect any fees, taxes, and penalties which are imposed by other states

which are parties to such agreement on behalf of such states and to remit such fees, taxes, and penalties to such states; and

(II)  Take actions to enforce the laws of other states that are parties to the

agreement, including, but not limited to, the monitoring of licenses and other credential usage, the enforcement of tax restraint, distraint, or levy orders, the issuance of civil citations, and the conduct of any necessary equipment inspections. Port of entry personnel shall have and maintain the authority to enforce the provisions of section 42-4-1414 regarding the prohibition on the use of dyed fuel on Colorado highways.

(c)  The assignment of Colorado ports of entry employees and officials at

jointly operated ports of entry outside of Colorado and the assignment of ports of entry employees and officials of contiguous states at ports of entry within Colorado; and

(d)  The allowance of such access to the data bases of Colorado and other

states which are parties to such agreement by the employees and officials of each state as is necessary to enforce the laws of each such state and to operate under the terms of such agreement.

(3)  Any agreement entered into under the provisions of this section shall

contain provisions which express the understanding that any employees and officials of any other state who are assigned to jointly operated ports of entry, who enforce the laws of Colorado under the terms of such agreement, or who otherwise act under the terms of such agreement shall not be compensated by Colorado and shall not be considered to be employees or officials of Colorado for the purposes of any employee rights or benefits.

(4)  The chief of the Colorado state patrol is hereby authorized to appoint

employees and officials of a contiguous state as agents of the Colorado state patrol with the powers to enforce the laws of Colorado under the terms of cooperative agreements entered into under the provisions of this section.

(5)  The chief of the Colorado state patrol may promulgate such rules as are

necessary for the implementation of the provisions of this section.

Source: L. 94: Entire title amended with relocations, p. 2496, � 1, effective

January 1, 1995. L. 2000: (4) amended, p. 1655, � 52, effective June 1. L. 2010: (2)(b)(II) amended, (HB 10-1113), ch. 244, p. 1084, � 4, effective July 1. L. 2012: (1), (4), and (5) amended, (HB 12-1019), ch. 135, p. 472, � 20, effective July 1.

MOTOR VEHICLE REPAIRS

ARTICLE 9

Motor Vehicle Repair Act

Law reviews: For article, Analysis of the 1995 Amendment to the Motor

Vehicle Repair Act of 1977, see 25 Colo. Law. 43 (Dec. 1996).

C.R.S. § 42-9-101

42-9-101. Short title. This article shall be known and may be cited as the Motor Vehicle Repair Act of 1977.

Source: L. 94: Entire title amended with relocations, p. 2500, � 1, effective

January 1, 1995.

Editor's note: This section is similar to former � 42-11-101 as it existed prior to

1994.

C.R.S. § 42-9-102

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.

C.R.S. § 42-9-104

42-9-104. When consent and estimate required - original transaction - disassembly. (1) (a) No repairs on a motor vehicle shall be performed by a motor vehicle repair facility unless the facility obtains the written consent of the customer.

(b)  The required written consent is waived by the customer only when the

motor vehicle has been towed to the motor vehicle repair facility or the customer has left the motor vehicle with the motor vehicle repair facility outside of normal business hours or when the customer has signed a waiver in compliance with paragraph (b) of subsection (2) of this section. The waiver established by this paragraph (b) for any vehicle that is towed to a motor vehicle repair facility or left with the motor vehicle repair facility outside of normal business hours is limited to a maximum of one hundred dollars for all labor and parts.

(c)  When the customer has not given the motor vehicle repair facility written

consent to perform repairs, no repairs shall be performed unless the facility first communicates orally to the customer the written estimate of the total cost of such repairs and the customer then consents to the required repairs. A record of such communication and consent shall be made on the work order by the motor vehicle repair facility and shall include the date, time, manner of consent, telephone number called, if any, and the names of the persons giving and receiving such consent. If more than one such communication occurs between the motor vehicle repair facility and the customer, a record of the telephone number need not be made for each subsequent communication if the telephone number is the same as on the initial consent.

(2) (a) (I)  Except as provided in paragraph (b) of this subsection (2), no repairs

shall be performed by a motor vehicle repair facility unless said facility first submits in writing or, where allowed by this section, orally communicates to the customer an estimate of the total cost of any such repairs. The written estimate shall include the expected completion date of such repairs. A copy of the completed written estimate of the total cost of repair shall be provided to the customer.

(II) (A)  Except as provided in sub-subparagraph (B) of this subparagraph (II),

storage charges may accrue, beginning on the fourth day, if the customer has not picked up the motor vehicle within three days, exclusive of Saturday, Sunday, any legal holiday, and any days the repair facility is closed for business, after notification of the completion of authorized repairs or if the customer failed to authorize repairs to be performed within three days, exclusive of Saturday, Sunday, any legal holiday, and any days the repair facility is closed for business, after the date of communication of an estimate.

(B)  Storage charges shall be assessed in accordance with section 38-20-109,

C.R.S., if the facility chooses to sell the customer's property in accordance with article 20 of title 38, C.R.S.

(C)  The amounts that a customer may be charged for storage charges shall

be conspicuously printed on the separate written authorization provided to the customer.

(III)  The work order provided to the customer shall state conspicuously that,

except for body shop repair parts and exchanged or warranty parts that shall only be presented to the customer for examination and not returned, and except for inflatable restraint system components, the customer is entitled to the return of the replaced parts if the customer so requests at the time of consenting to or authorizing the repairs.

(IV)  The work order, or a legible copy thereof, shall be retained by the motor

vehicle repair facility for at least three years.

(b)  A customer may waive the right to receive any estimate, either written or

oral, prior to authorizing repairs by signing the customer's name and the date below the following statement that shall be in bold type: I DO NOT WISH TO RECEIVE ANY ESTIMATE, EITHER WRITTEN OR ORAL, TO WHICH I AM ENTITLED BY LAW, BEFORE REPAIRS ARE AUTHORIZED. The signing of such waiver does not constitute an authorization of repairs, which shall be a separate statement.

(c) (I)  In the event that it is necessary to disassemble, or partially

disassemble, a motor vehicle or a motor vehicle part in order to provide the customer with an estimate for required repairs, the written estimate required in paragraph (a) of this subsection (2) shall show the cost of reassembly in the event that the customer elects not to proceed with the repairs of the motor vehicle or motor vehicle part. The estimate shall also include the total cost of labor and parts to replace those expendable items that are normally destroyed by such disassembly. No act of disassembly that would prevent the restoration of the same unit to its former condition may be undertaken unless the motor vehicle repair facility has fully informed the customer of that fact in writing on the work order and the customer consents to the disassembly.

(II)  Any estimate of required repairs given after a disassembly shall comply

with the requirements of paragraph (a) of this subsection (2); except that such written estimate may then be communicated orally to the customer. A record of such communication shall be made on the work order by the motor vehicle repair facility, including the date, time, manner of communication, telephone number called, if any, and names of persons giving and receiving such consent. If more than one such communication occurs between the motor vehicle repair facility and the customer, a record of the telephone number need not be made for each subsequent communication if the telephone number is the same as on the initial consent.

(d)  Towing charges are excluded from the written or oral estimate and

consent requirements of this section.

Source: L. 94: Entire title amended with relocations, p. 2501, � 1, effective

January 1, 1995. L. 95: (1)(b) and (2)(a) amended, p. 575, � 1, effective January 1, 1996. L. 97: Entire section amended, p. 858, � 2, effective May 21; (2)(a)(III) amended, p. 797, � 3, effective August 6.

Editor's note: (1)  This section is similar to former � 42-11-103 as it existed

prior to 1994.

(2)  Amendments to subsection (2)(a)(III) by House Bill 97-1098 and House

Bill 97-1105 were harmonized.

C.R.S. § 42-9-105

42-9-105. When consent and estimate required - additional repairs - changed completion date. (1) Except when an estimate has been waived pursuant to section 42-9-104 (2)(b), no charge shall be made for labor and parts in excess of the estimate, plus ten percent thereof or twenty-five dollars, whichever is less, without the consent of the customer to the additional charge before performance of the labor or installation of the parts not included in the estimate. Consent by the customer to additional charges may be written or oral. In either case, a record of such consent shall be made on the work order by the motor vehicle repair facility and shall include the date, time, manner of consent, telephone number called, if any, and names of the persons giving and receiving the consent. If more than one such communication occurs between the motor vehicle repair facility and the customer, a record of the telephone number need not be made for each subsequent communication if the telephone number is the same as on the initial consent.

(2) (a)  The customer shall be notified in writing on the work order of any

changes in the expected completion date of the repairs and of the new expected completion date. Such notification may be communicated to the customer orally, but such communication, written or oral, shall be made no more than twenty-four hours after the original completion date, exclusive of Saturday, Sunday, and any legal holiday. If communicated orally, a record of such communication shall be made on the work order by the motor vehicle repair facility and shall include the date, time, telephone number called, if any, and names of the persons giving and receiving such communication. If the name of the person receiving such communication is different than the original customer, the name and telephone number called, if any, shall be recorded on the work order.

(b)  No additional changes in the completion date shall be made unless the

consent of the customer to the additional change is obtained. If the required consent is given orally, the motor vehicle repair facility shall make a record of such consent on the work order and shall include the date, time, manner of consent, and the names of the persons giving and receiving such consent.

(c)  If the motor vehicle repair facility fails to notify the customer of the

change in the completion date or if the customer refuses to consent to an additional change in the completion date, the contract may be canceled at the option of either the customer or the motor vehicle repair facility. Once the contract has been canceled in this manner, the motor vehicle repair facility shall be required to reassemble the motor vehicle in substantially the same condition in which it was delivered to the motor vehicle repair facility without cost to the customer unless the customer has been previously notified as to the impracticality of such reassembly; except that the customer shall be required to pay for any repairs already completed as specified in section 42-9-106 (3)(a).

Source: L. 94: Entire title amended with relocations, p. 2502, � 1, effective

January 1, 1995. L. 95: (2)(a) and (2)(c) amended, p. 576, � 2, effective January 1, 1996. L. 97: Entire section amended, p. 860, � 3, effective May 21.

Editor's note: This section is similar to former � 42-11-103.1 as it existed prior

to 1994.

C.R.S. § 42-9-106

42-9-106. Amounts over estimate - storage charges - cancellation of authorized repairs. (1) Except when an estimate has been waived pursuant to section 42-9-104 (2)(b), if the charge for labor and parts is over the original estimate or any subsequent estimate by ten percent thereof or twenty-five dollars, whichever is less, and unless further oral or written consent is given by the customer pursuant to section 42-9-105 (1), the motor vehicle repair facility shall return the motor vehicle to the customer upon the payment of the amount of the original estimate or any subsequent estimate plus ten percent thereof or twenty-five dollars, whichever is less, and the motor vehicle repair facility shall not be entitled to a lien for said excess pursuant to section 38-20-106, C.R.S.

(2)  No charge shall be made for storage of the motor vehicle unless the

motor vehicle is not picked up by the customer within three days, exclusive of Saturday, Sunday, legal holidays, and any days the repair facility is closed for business, after the customer is notified that the repairs have been completed and the customer was notified, as required by section 42-9-104 (2)(a), that such storage charges would accrue. Storage charges may accrue pursuant to a written agreement, separate from any other repair document, between the motor vehicle repair facility and the customer. The written authorization, in bold type, shall state the following:

Storage Fee Policy

A storage fee may not be charged unless a written agreement, separate from any other repair document, for an amount is reached. A storage fee may be charged, beginning on the fourth day, if a motor vehicle is not removed within three days after the customer is notified that repairs have been completed, excluding Saturdays, Sundays, legal holidays, and any days the repair facility is closed for business.

The motor vehicle repair facility shall make a record of the notice of completion on the work order. The record shall include the date and time of the notice of completion, the manner of communication of the notice, the telephone number called, if any, and the name of the person receiving the notice.

(3) (a)  If the customer cancels previously authorized repairs prior to their

completion, the motor vehicle repair facility shall be entitled to charge the customer for repairs, including labor and parts, which have already been performed so long as said charge does not exceed the original estimate or any subsequent estimate for the repairs already performed.

(b)  In requesting the return of the motor vehicle subsequent to the

cancellation of previously authorized repairs, the customer shall specify whether it should be reassembled in substantially the same condition in which it was delivered to the motor vehicle repair facility or in such a lesser condition of assembly as the customer shall designate. Reassembly shall be completed by the motor vehicle repair facility within three days of the customer's request, excluding Saturday, Sunday, any legal holiday, and any days the repair facility is closed for business.

(c)  All charges for reassembly, whether or not the requested repairs are

completed, shall be included in the original estimate or in any subsequent estimate.

(4)  Nothing in this section shall require a motor vehicle repair facility to give

an estimate if such facility does not agree to perform the requested repairs.

(5)  Payment by the customer of any amount in excess of those allowed by

this article or for unauthorized repairs is not a waiver of any of the rights granted by this article to the customer, nor shall such payment be construed as consent to additional repairs or excess charges.

(6)  All written estimates and other information required by this section shall

be recorded on or attached to the invoice described in section 42-9-108.

Source: L. 94: Entire title amended with relocations, p. 2503, � 1, effective

January 1, 1995. L. 95: (2) amended, p. 576, � 3, effective January 1, 1996. L. 97: (1), (2), (3)(a), (3)(b), and (4) amended, p. 861, � 4, effective May 21.

Editor's note: This section is similar to former � 42-11-103.5 as it existed prior

to 1994.

C.R.S. § 42-9-107

42-9-107. Used, reconditioned, or rebuilt parts. The motor vehicle repair facility shall specify in the original estimate whether any parts to be installed are new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt and then shall obtain the consent of the customer before any new original equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt parts are installed in the motor vehicle. If such consent is oral, the motor vehicle repair facility shall make a record of such consent on the work order and shall include the date, time, and manner of consent. The telephone number called, if any, and the name of the person giving and receiving the consent, if different than the original customer, shall be recorded on the work order. The motor vehicle repair facility shall adjust the original estimate for new parts to reflect the altered cost if used, reconditioned, or rebuilt parts are authorized and installed.

Source: L. 94: Entire title amended with relocations, p. 2504, � 1, effective

January 1, 1995. L. 95: Entire section amended, p. 577, � 4, effective January 1, 1996. L. 97: Entire section amended, p. 862, � 5, effective May 21.

Editor's note: This section is similar to former � 42-11-104 as it existed prior

to 1994.

C.R.S. § 42-9-108

42-9-108. Invoice. (1) All repairs done by a motor vehicle repair facility shall be recorded on a customer's invoice. A legible copy of the customer's invoice shall be given to the customer when the motor vehicle is returned to the customer. The original or a legible copy of the customer's invoice shall be retained for at least three years by the motor vehicle repair facility.

(2)  The customer's invoice shall include the following:


(a)  The name and address of the customer;


(b)  The year, make, odometer reading on the date the motor vehicle was

brought in for repairs, and license number of the motor vehicle;

(c)  The date the motor vehicle was received for repairs;


(d)  An itemization of each part added to or replaced in the motor vehicle; a

description of each part by name and identifying number; clear identification of which parts are used, reconditioned, or rebuilt; and the charges levied for each part added or replaced;

(e)  The amount charged for labor, the full name or employee number of each

mechanic or repairer who in whole or in part performed repairs, and the identification of the specific stage of repair for which each mechanic or repairer named was partially or wholly responsible;

(f)  An itemized statement of all additional charges, including storage, service

and handling, and taxes;

(g)  An identification of any repairs subcontracted to another repair facility;


(h)  The legible initials of the person filling out any portion of the invoice not

specified in this subsection (2); and

(i)  A copy of any warranty issued by the motor vehicle repair facility setting

forth the terms and conditions of such warranty.

(3)  Itemization of a particular part is not required on the customer's invoice if

no charge is levied for that part.

(4)  Miscellaneous designations such as shop supplies, paint and paint

supplies, and shop materials may be used on the customer's invoice.

(5)  Designation of mechanics, repairers, parts, or labor is not required on the

customer's invoice if the customer has been given a flat-rate price, if such repairs are customarily done and billed on a flat-rate price basis and agreed upon by the customer, and if such flat rates are conspicuously posted by the motor vehicle repair garage or otherwise made available to the customer prior to rendering the estimate.

Source: L. 94: Entire title amended with relocations, p. 2504, � 1, effective

January 1, 1995. L. 97: (1), (2)(g), and (2)(h) amended and (2)(i) added, p. 862, � 6, effective May 21.

Editor's note: This section is similar to former � 42-11-105 as it existed prior

to 1994.

C.R.S. § 42-9-108.7

42-9-108.7. Motor vehicle repair facility warranties. If a motor vehicle repair facility issues a motor vehicle repair facility warranty, such warranty shall appear with the invoice and shall set forth all terms and conditions of such warranty. The facility warranty shall be limited to the terms and conditions set forth in such warranty.

Source: L. 97: Entire section added, p. 863, � 8, effective May 21.

C.R.S. § 42-9-109

42-9-109. Return of replaced parts. Except for body shop repair parts, inflatable restraint system components, and parts that the motor vehicle repair facility is required to return to the manufacturer or distributor under a manufacturer warranty or exchange arrangement, the motor vehicle repair facility shall return replaced parts to the customer at the time of the completion of the repairs if the customer so requests at the time of consenting to or authorizing the repairs. A motor vehicle repair facility is not authorized to return any components of an inflatable restraint system to the consumer.

Source: L. 94: Entire title amended with relocations, p. 2505, � 1, effective

January 1, 1995. L. 97: Entire section amended, p. 863, � 9, effective May 21; entire section amended, p. 797, � 4, effective August 6.

Editor's note: (1)  This section is similar to former � 42-11-106 as it existed

prior to 1994.

(2)  Amendments to this section by House Bill 97-1098 and House Bill 97-1105 were harmonized.

C.R.S. § 42-9-109.5

42-9-109.5. Inflatable restraint systems - replacement. (1) (a) A motor vehicle repair garage may replace an inflatable restraint system only with an inflatable restraint system that is newly manufactured or an inflatable restraint system salvaged and sold by a vehicle dismantler or auto parts recycler.

(b)  A motor vehicle repair garage is not required to install a salvaged

inflatable restraint system and may do so only upon obtaining specific written authorization from the customer. A motor vehicle repair garage installing a salvaged inflatable restraint system shall include the phrase salvaged inflatable restraint system prominently on the face of the invoice. A motor vehicle repair garage may not use other terms, including but not limited to used or as is, to describe a salvaged inflatable restraint system on an invoice.

(2) (a)  If a vehicle dismantler or auto parts recycler sells a salvaged

inflatable restraint system, the vehicle dismantler or auto parts recycler shall state the following information on the invoice:

(I)  The date of sale of the salvaged inflatable restraint system;


(II)  The vehicle identification number of the vehicle from which the inflatable

restraint system was salvaged; and

(III)  The part number of the salvaged inflatable restraint system, if such

number is available.

(b)  A vehicle dismantler or auto parts recycler shall maintain the bill of sale

for any sale of a salvaged inflatable restraint system for at least three years after the date of the sale.

Source: L. 97: Entire section added, p. 797, � 5, effective August 6.

C.R.S. § 42-9-111

42-9-111. Prohibited acts - definitions. (1) A motor vehicle repair facility or any employee or contract laborer of the facility shall not:

(a)  Charge for repairs which have not been consented to by the customer or

charge for repairs in excess of amounts allowed by this article;

(b)  Represent that repairs are necessary when such is not a fact;


(c)  Represent that repairs have been performed when such is not a fact;


(d)  Represent that a motor vehicle or motor vehicle part being diagnosed is

in dangerous condition when such is not a fact;

(e)  Perform emissions repairs to bring motor vehicles into compliance with

the provisions of sections 42-4-301 to 42-4-316 when such repairs are not indicated by the identified emissions failure;

(f)  Fail to issue an invoice as required by section 42-9-108;


(g)  Fail to give notice as required by section 42-9-105;


(h)  Require a customer to sign a work order that does not state the repairs

that are requested by the customer;

(i)  Fail to state the motor vehicle odometer reading, unless such reading is

unfeasible due to the condition of the odometer; or

(j) (I)  Install or reinstall, as part of a vehicle inflatable restraint system, any

device that causes the motor vehicle's diagnostic systems to fail to warn that:

(A)  The motor vehicle is equipped with a counterfeit supplemental restraint

system component;

(B)  The motor vehicle is equipped with a nonfunctional airbag; or


(C)  No airbag is installed.


(II)  For purposes of subsection (1)(j)(I) of this section, an installation or

reinstallation does not occur until the work is completed and the motor vehicle is returned to the customer, or title is transferred.

(2)  As used in this section:


(a)  Airbag means a motor vehicle inflatable occupant restraint system

device that is part of a supplemental restraint system.

(b)  Counterfeit supplemental restraint system component means a

replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.

(c)  Nonfunctional airbag means a replacement airbag that:


(I)  Was previously deployed or damaged;


(II)  Has an electric fault that is detected by the motor vehicle's diagnostic

systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

(III)  Includes a part or object, including a supplemental restraint system

component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(IV)  Is prohibited from being sold or leased in accordance with 49 U.S.C. sec.

30120 (j).

(d)  Supplemental restraint system means a passive inflatable motor

vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 CFR 571.208. A supplemental restraint system includes:

(I)  Each airbag installed in accordance with the motor vehicle manufacturer's

design; and

(II)  All components required to ensure that an airbag operates as designed in

the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle.

Source: L. 94: Entire title amended with relocations, p. 2506, � 1, effective

January 1, 1995. L. 95: (1)(f) to (1)(h) added, p. 577, � 6, effective January 1, 1996. L. 97: IP(1) and (1)(h) amended and (1)(i) added, p. 863, � 10, effective May 21. L. 2002: (1)(h) and (1)(i) amended and (1)(j) added, p. 196, � 1, effective July 1. L. 2021: IP(1) and (1)(j) amended and (2) added, (HB 21-1193), ch. 148, p. 866, � 2, effective September 7.

Editor's note: This section is similar to former � 42-11-108 as it existed prior

to 1994.

C.R.S. § 42-9-112

42-9-112. Criminal penalties. (1) Except as provided in subsection (2) of this section, any motor vehicle repair facility or any employee of such facility that fails to provide a completed written or oral estimate as required under section 42-9-104 (2) or an invoice as required under section 42-9-108 or violates the provisions of section 42-9-105 commits a petty offense.

(2)  Except as otherwise provided in subsection (4) of this section, any motor

vehicle repair facility or any employee of such facility who violates section 42-9-111 commits a petty offense. No portion of the minimum fine for repeat offenders shall be suspended.

(2.5)  Any motor vehicle repair facility or any employee of such facility who

violates any provision of this article 9 other than the provisions for which penalties are provided in subsections (1), (2), and (4) of this section commits a petty offense.

(2.7)  A violation of this article shall also constitute a deceptive trade practice

in violation of the Colorado Consumer Protection Act, article 1 of title 6, C.R.S., and shall subject the motor vehicle repair facility or any employee of such facility to the remedies or penalties contained in article 1 of title 6.

(3)  (Deleted by amendment, L. 97, p. 863, � 11, effective May 21, 1997.)


(4)  Any motor vehicle repair facility or any employee of such facility who

violates the provisions of section 42-9-111 (1)(j) commits a petty offense.

Source: L. 94: Entire title amended with relocations, p. 2506, � 1, effective

January 1, 1995. L. 95: Entire section amended, p. 578, � 7, effective January 1, 1996. L. 97: Entire section amended, p. 863, � 11, effective May 21. L. 2002: (2) and (2.5) amended and (4) added, p. 196, � 2, effective July 1. L. 2021: (1), (2), (2.5), and (4) amended, (SB 21-271), ch. 462, p. 3323, � 769, effective March 1, 2022.

Editor's note: This section is similar to former � 42-11-109 as it existed prior

to 1994.

Cross references: For penalties for petty offenses, see � 18-1.3-503.

C.R.S. § 42-9-113

42-9-113. Civil penalties. In any civil action for the enforcement of this article, the court may award reasonable attorney fees and costs to the prevailing party, and a customer shall be entitled to treble damages for failure of any motor vehicle repair facility or any employee of such facility to comply with this article, except for clerical errors or omissions; but in no event shall such damages be less than two hundred fifty dollars. The customer shall first make written demand for the customer's damages from the motor vehicle repair facility by certified mail at least ten days prior to the filing of any such action, exclusive of Saturday, Sunday, and any legal holiday. Such action shall be brought within the time period prescribed in section 13-80-103, C.R.S.

Source: L. 97: Entire section added, p. 864, � 12, effective May 21.

ARTICLE 9.5

Vehicle Protection Products

42-9.5-101.  Short title. This article shall be known and may be cited as the

Vehicle Protection Products Act.

Source: L. 2004: Entire article added, p. 745, � 1, effective July 1.


42-9.5-102.  Definitions. As used in this article, unless the context otherwise

requires:

(1)  Incidental costs means expenses incurred by the warranty holder that

concern the failure of the vehicle protection product and that are specified in the vehicle protection product warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.

(2)  Vehicle protection product means a vehicle protection device, system,

or service that:

(a)  Is installed on or applied to a vehicle;


(b)  Is designed to prevent loss or damage to a vehicle from a specific cause;


(c)  Includes a written warranty by a warrantor stating that, if the vehicle

protection product fails to prevent loss or damage to a vehicle from a specific cause, the warranty holder shall be paid specified incidental costs by the warrantor as a result of such failure; and

(d)  Comes with a warranty reimbursement insurance policy covering the

warrantor's liability from such product.

(3)  Vehicle protection product warrantor or warrantor means a person

who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer.

(4)  Warranty means an express warranty and shall not include an

insurance policy.

(5)  Warranty reimbursement insurance policy means a policy of insurance

issued to the vehicle protection product warrantor to pay, on behalf of the warrantor, all covered contractual obligations incurred by the warrantor under the vehicle protection product warranty.

Source: L. 2004: Entire article added, p. 745, � 1, effective July 1.


42-9.5-103.  Vehicle protection products. (1)  A warranty contract

accompanying a vehicle protection product that is sold or offered for sale shall:

(a)  Identify in the contract the warrantor, the seller, the warranty holder, and

the terms of the sale;

(b)  Conspicuously state that the obligations of the warrantor are guaranteed

under a warranty reimbursement insurance policy;

(c)  Conspicuously state that, if the payment due under the terms of the

warranty is not provided by the warrantor within sixty days after proof of loss has been filed by the warranty holder pursuant to the terms of the warranty, the warranty holder may file a claim for reimbursement directly with the warranty reimbursement insurance company;

(d)  Conspicuously state the name and address of the warranty

reimbursement insurance company;

(e)  Conspicuously state: This agreement is a product warranty and is not

insurance.;

(f)  Guarantee the warrantor's product with a warranty reimbursement

insurance policy; and

(g)  Authorize the warranty holder to file a claim directly with the warranty

reimbursement insurance company if the payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed pursuant to the terms of the warranty.

Source: L. 2004: Entire article added, p. 746, � 1, effective July 1.


42-9.5-104.  Warranty reimbursement insurance policies. (1)  A warranty

reimbursement insurance policy shall state that the warranty reimbursement insurance company will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums that the warrantor is legally obligated to pay, or will provide the service that the warrantor is legally obligated to perform, according to the warrantor's contractual obligations under the vehicle protection product warranty.

(2)  A warranty reimbursement insurance policy shall state that, if the

payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.

Source: L. 2004: Entire article added, p. 747, � 1, effective July 1.


42-9.5-105.  Warranties - insurance. A vehicle protection warranty that

complies with this section shall not be deemed to be insurance and shall be exempt from regulation as insurance pursuant to title 10, C.R.S.

Source: L. 2004: Entire article added, p. 747, � 1, effective July 1.


42-9.5-106.  Applicability. This article shall not apply to contracts regulated

by article 11 of this title, which concerns motor vehicle service contract insurance.

Source: L. 2004: Entire article added, p. 747, � 1, effective July 1.

ARTICLE 10

Motor Vehicle Warranties

C.R.S. § 44-20-102

44-20-102. Definitions. As used in this part 1, and in part 4 of this article 20, unless the context or section 44-20-402 otherwise requires:

(1)  Advertise or advertisement means any commercial message in any

newspaper, magazine, leaflet, flyer, or catalog, on radio, television, or a public address system, in direct mail literature or other printed material, on any interior or exterior sign or display, in any window display, on a computer display, or in any point-of-transaction literature or price tag that is delivered or made available to a customer or prospective customer in any manner; except that the term does not include materials required to be displayed by federal or state law.

(2)  Board means the motor vehicle dealer board.


(3)  Business incidental thereto means a business owned by the motor

vehicle dealer or used motor vehicle dealer related to the sale of motor vehicles, including motor vehicle part sales, motor vehicle repair, motor vehicle recycling, motor vehicle security interest assignment, and motor vehicle towing.

(4) (a)  Buyer agent means any person required to be licensed pursuant to

this part 1 who is retained or hired by a consumer for a fee or other thing of value to assist, represent, or act on behalf of the consumer in connection with the purchase or lease of a motor vehicle.

(b) (I)  Buyer agent does not include a person whose business includes the

purchase of motor vehicles primarily for resale or lease; except that nothing in this subsection (4) prohibits a buyer agent from assisting a consumer regarding the disposal of a trade-in motor vehicle that is incident to the purchase or lease of a vehicle if the buyer agent does not advertise the sale of, or sell, the vehicle to the general public, directs interested dealers and wholesalers to communicate their offers directly to the consumer or to the consumer via the buyer agent, does not handle or transfer titles or funds between the consumer and the purchaser, receives no compensation from a dealer or wholesaler purchasing a consumer's vehicle, and identifies himself or herself as a buyer agent to dealers and wholesalers interested in the consumer's vehicle.

(II)  A buyer agent licensed under this part 1 shall not be employed by or

receive a fee from a person whose business includes the purchase of motor vehicles primarily for resale or lease, a motor vehicle manufacturer, a motor vehicle dealer, or a used motor vehicle dealer.

(5)  Coerce means to compel or attempt to compel by threatening,

retaliating, or exerting economic force or by not performing or complying with any terms or provisions of the franchise or agreement; except that recommendation, exposition, persuasion, urging, or argument do not constitute coercion.

(6)  Consumer means a purchaser or lessee of a motor vehicle used for

business, personal, family, or household purposes. Consumer does not include a purchaser of motor vehicles primarily for resale.

(7) (a)  Custom trailer means any motor vehicle that is not driven or

propelled by its own power and is designed to be attached to, become a part of, or be drawn by a motor vehicle and that is uniquely designed and manufactured for a specific purpose or customer.

(b)  Custom trailer does not include manufactured housing, farm tractors,

and other machines and tools used in the production, harvest, and care of farm products.

(8)  Director means the director of the auto industry division created in

section 44-20-105.

(9)  Distributor means a person, resident or nonresident, who, in whole or in

part, sells or distributes new motor vehicles to motor vehicle dealers or who maintains distributor representatives.

(10)  Fire truck means a vehicle intended for use in the extermination of

fires, with features that may include a fire pump, a water tank, an aerial ladder, an elevated platform, or any combination thereof.

(11)  Franchise means the authority to sell or service and repair motor

vehicles of a designated line-make granted through a sales, service, and parts agreement with a manufacturer, distributor, or manufacturer representative.

(12)  Good faith means the duty of each party to any franchise and all

officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party. Recommendation, endorsement, exposition, persuasion, urging, or argument shall not be deemed to constitute a lack of good faith.

(12.5)  [Editor's note: Subsection (12.5) is effective July 1, 2027. For the

applicability of this subsection (12.5) on or after January 1, 2028, see the editor's note following this section.] Kei road vehicle means a kei vehicle as defined in section 42-1-102 (45.3).

(13)  Line-make means a group or series of motor vehicles that have the

same brand identification or brand name, based upon the manufacturer's trademark, trade name, or logo.

(14)  Manufacturer means any person, firm, association, corporation, or

trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles; except that manufacturer does not include:

(a)  A person who only manufactures utility trailers that weigh less than two

thousand pounds and does not manufacture any other type of motor vehicle; and

(b)  A person, other than a manufacturer operating a motor vehicle dealer in

accordance with section 44-20-126, who is a licensed dealer selling motor vehicles that the person has manufactured.

(15)  Manufacturer representative means a representative employed by a

person who manufactures or assembles motor vehicles for the purpose of making or promoting the sale of its motor vehicles or for supervising or contacting its dealers or prospective dealers.

(16)  [Editor's note: This version of subsection (16) is effective until July 1,

2027.] Motor vehicle means every vehicle intended primarily for use on the public highways that is self-propelled and every vehicle intended primarily for operation on the public highways that is not self-propelled but is designed to be attached to, become a part of, or be drawn by a self-propelled vehicle, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. Motor vehicle includes a low-power scooter or autocycle as either is defined in section 42-1-102.

(16)  [Editor's note: This version of subsection (16) is effective July 1, 2027.

For the applicability of this subsection (16) on or after January 1, 2028, see the editor's note following this section.] Motor vehicle means every vehicle intended primarily for use on the public highways that is self-propelled and every vehicle intended primarily for operation on the public highways that is not self-propelled but is designed to be attached to, become a part of, or be drawn by a self-propelled vehicle, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. Motor vehicle includes a kei road vehicle or a low-power scooter or autocycle as either is defined in section 42-1-102.

(17)  Motor vehicle auctioneer means any person, not otherwise required to

be licensed pursuant to this part 1, who is engaged in the business of offering to sell, or selling, used motor vehicles owned by persons other than the auctioneer at public auction only. Any auctioning of motor vehicles by an auctioneer must be incidental to the primary business of auctioning goods.

(18)  Motor vehicle dealer means a person who, for commission or with

intent to make a profit or gain of money or other thing of value, sells, leases, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used motor vehicles or who is engaged wholly or in part in the business of selling or leasing new or new and used motor vehicles, whether or not the motor vehicles are owned by the person. The sale or lease of three or more new or new and used motor vehicles or the offering for sale or lease of more than three new or new and used motor vehicles at the same address or telephone number in any one calendar year is prima facie evidence that a person is engaged in the business of selling or leasing new or new and used motor vehicles. Motor vehicle dealer includes an owner of real property who allows more than three new or new and used motor vehicles to be offered for sale or lease on the property during one calendar year unless the property is leased to a licensed motor vehicle dealer. Motor vehicle dealer does not include:

(a)  Receivers, trustees, administrators, executors, guardians, or other

persons appointed by or acting under the judgment or order of any court;

(b)  Public officers while performing their official duties;


(c)  Employees of a motor vehicle dealer when engaged in the specific

performance of their duties as employees;

(d)  A wholesaler or anyone selling motor vehicles solely to wholesalers;


(e)  Any person engaged in the selling of a fire truck; or


(f)  A motor vehicle auctioneer.


(19)  Motor vehicle salesperson means a natural person who, for a salary,

commission, or compensation of any kind, is employed either directly or indirectly, regularly or occasionally, by a motor vehicle dealer or used motor vehicle dealer to sell, lease, purchase, or exchange or to negotiate for the sale, lease, purchase, or exchange of motor vehicles.

(20)  New motor vehicle means a motor vehicle that has been transferred

on a manufacturer's statement of origin and that has sufficiently low mileage to be considered new, as determined by the board.

(21)  Person means any natural person, estate, trust, limited liability

company, partnership, association, corporation, or other legal entity, including a registered limited liability partnership.

(22)  Principal place of business means a site or location devoted

exclusively to the business for which the motor vehicle dealer or used motor vehicle dealer is licensed, and businesses incidental thereto, sufficiently designated to admit of definite description, with adequate contiguous space to permit the display of one or more new or used motor vehicles, with a permanent enclosed building or structure large enough to accommodate the office of the dealer and to provide a safe place to keep the books and other records of the business of the dealer, at which site or location the principal portion of the dealer's business shall be conducted and the books and records thereof kept and maintained; except that a dealer may keep its books and records at an off-site location in Colorado after notifying the board in writing of the location at least thirty days in advance.

(23)  Recreational vehicle means a camping trailer, fifth wheel trailer, motor

home, recreational park trailer, travel trailer, or truck camper, all as defined in section 24-32-902, or multipurpose trailer, as defined in section 42-1-102.

(24)  Sales, service, and parts agreement means an agreement between a

manufacturer, distributor, or manufacturer representative and a motor vehicle or powersports dealer authorizing the dealer to sell and service a line-make of motor or powersports vehicles or imposing any duty on the dealer in consideration for the right to have or competitively operate a franchise, including any amendments or additional related agreements thereto. Each amendment, modification, or addendum that materially affects the rights, responsibilities, or obligations of the contracting parties creates a new sales, service, and parts agreement.

(25)  Site control provision means an agreement that applies to real

property owned or leased by a franchisee and that gives a motor vehicle or powersports vehicle manufacturer, distributor, or manufacturer representative the right to:

(a)  Control the use and development of the real property;


(b)  Require the franchisee to establish or maintain an exclusive dealership

facility at the real property; or

(c)  Restrict the franchisee from transferring, selling, leasing, developing, or

changing the use of the real property.

(26)  Used motor vehicle dealer means a person who, for commission or

with intent to make a profit or gain of money or other thing of value, sells, exchanges, leases, or offers an interest in used motor vehicles, or attempts to negotiate a sale, exchange, or lease of used motor vehicles, or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not the motor vehicles are owned by the person. The sale of three or more used motor vehicles or the offering for sale of more than three used motor vehicles at the same address or telephone number in any one calendar year is prima facie evidence that a person is engaged in the business of selling used motor vehicles. Used motor vehicle dealer includes an owner of real property who allows more than three used motor vehicles to be offered for sale on the property during one calendar year unless the property is leased to a licensed used motor vehicle dealer. Used motor vehicle dealer does not include:

(a)  Receivers, trustees, administrators, executors, guardians, or other

persons appointed by or acting under the judgment or order of any court;

(b)  Public officers while performing their official duties;


(c)  Employees of a used motor vehicle dealer when engaged in the specific

performance of their duties as employees;

(d)  A wholesaler or anyone selling motor vehicles solely to wholesalers;


(e)  Mortgagees or secured parties as to sales in any one year of not more

than twelve motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagees or secured parties do not realize for their own account any money in excess of the outstanding balance secured by the mortgage or security agreement, plus costs of collection;

(f)  A person who only sells or exchanges no more than four motor vehicles

that are collector's items under part 3 or 4 of article 12 of title 42;

(g)  A motor vehicle auctioneer; or


(h)  An operator, as defined in section 42-4-2102 (5), who sells a motor

vehicle pursuant to section 42-4-2104.

(27)  Wholesale motor vehicle auction dealer means a person or firm that

provides auction services in wholesale transactions in which the purchasers are motor vehicle dealers licensed by this state or any other jurisdiction or in consumer transactions of government vehicles at a time and place that does not conflict with a wholesale motor vehicle auction conducted by that licensee.

(28)  Wholesaler means a person who, for commission or with intent to

make a profit or gain of money or other thing of value, sells, exchanges, or offers or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used motor vehicles solely to motor vehicle dealers or used motor vehicle dealers.

Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p.

42, � 2, effective October 1. L. 2025: (12.5) added and (16) amended, (HB 25-1281), ch. 176, p. 739, � 9, effective July 1, 2027.

Editor's note: (1)  This section is similar to former � 12-6-102 as it existed prior

to 2018.

(2)   Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado

2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.

C.R.S. § 44-20-302

44-20-302. Sunday closing. No person, firm, or corporation, whether owner, proprietor, agent, or employee, shall keep open, operate, or assist in keeping open or operating any place or premises or residences, whether open or closed, for the purpose of selling, bartering, or exchanging or offering for sale, barter, or exchange any motor vehicle, whether new, used, or secondhand, on the first day of the week commonly called Sunday. This part 3 shall not apply to the opening of an establishment or place of business on the first day of the week for other purposes, such as the sale of petroleum products, tires, or automobile accessories, or for the purpose of operating and conducting a motor vehicle repair shop, or for the purpose of supplying such services as towing or wrecking. The provisions of this part 3 shall not apply to the opening of an establishment or place of business on the first day of the week for the purpose of selling, bartering, or exchanging or offering for sale, barter, or exchange any boat, boat trailer, snowmobile, or snowmobile trailer.

Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p.

93, � 2, effective October 1.

Editor's note: This section is similar to former � 12-6-302 as it existed prior to

2018.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)