42-3-113. Records of application and registration.

(1) The department shall file each application received and, when satisfied that the applicant is entitled to register the vehicle, shall register the vehicle and the owner of such vehicle as follows:

(a) The owner and vehicle shall be assigned a distinct registration number, referred to in this article as the "registration number". Each registration number assigned to a vehicle and its owner shall be designated "urban" if the owner resides within the limits of a city or incorporated town. Each registration number assigned to a vehicle and its owner shall be designated "rural" if the owner resides outside the limits of a city or incorporated town. The county clerk and recorder of each county shall certify to the department as soon as possible after the end of the calendar year, but not later than May 1 of the following year, the total number of vehicles classified as "urban" and the total number of vehicles classified as "rural".

(b) The registration shall be filed alphabetically under the name of the owner.

(c) The registration shall be filed numerically and alphabetically under the identification number and name of the vehicle.

(2) The department, upon registering a vehicle, shall issue to the owner a registration card, which shall contain upon its face the following:

(a) The date issued;

(b) The registration number assigned to the owner and vehicle;

(c) The name and address of the owner;

(d) A notice, in type that is larger than the other information contained on the registration card:

(I) That motor vehicle insurance coverage is compulsory in Colorado;

(II) That noncompliance is a misdemeanor traffic offense;

(III) That the minimum penalty for such offense is a one-hundred-dollar fine;

(IV) That the maximum penalty for such offense is one year's imprisonment and a one-thousand-dollar fine;

(V) That such owner shall be required upon receipt of the registration card to sign the affirmation clause on such card that states:

(e) A notice that Colorado law provides for a thirty-day grace period after a registration is due for renewal;

(f) A description of the registered vehicle, including the identification number;

(g) If it was a new vehicle sold in this state after January 1, 1932, the date of sale by the manufacturer or dealer to the person first operating such vehicle; and

(h) Such other statements of fact as may be determined by the department.

(3) A notice for renewal of registration shall include a notice, in type that is larger than the other information contained in the notice, that specifies that motor vehicle insurance coverage is compulsory in Colorado, that noncompliance is a misdemeanor traffic offense, that the minimum penalty for such offense is a one-hundred-dollar fine, and that the maximum penalty for such offense is one year's imprisonment and a one-thousand-dollar fine.

(4) The department shall notify all registered owners of the provisions and requirements of subsection (2) and (3) of this section.

(5) The owner, upon receiving the registration card, shall sign the usual signature or name of such owner with pen and ink in the space provided upon the face of such card.

(6) The registration card issued for a vehicle required to be registered under this article shall, at all times while the vehicle is being operated upon a highway, be in the possession of the driver or carried in the vehicle and subject to inspection by any peace officer.

(7) Within thirty days after moving from an address or changing the name of the owner listed upon a vehicle registration, a person shall notify the department in writing of the person's old and new address or old and new name and of the registration number of all registrations then held by such person.

(8) (a) As used in this subsection (8):

(I) "Eligible vehicle" means a motor vehicle that has a valid certificate of registration issued by the department of revenue to a person whose address of record on such certificate is within the boundaries of the program area, as defined in section 42-4-304 (20). The term "eligible vehicle" shall not include motor vehicles held for lease or rental to the general public, motor vehicles held for sale by motor vehicle dealers, including demonstration vehicles, motor vehicles used for motor vehicle manufacturer product evaluations or tests, law enforcement and other emergency vehicles, or nonroad vehicles, including farm and construction vehicles.

(II) "Program area fleet" means a person who owns ten or more eligible vehicles. In determining the number of vehicles owned or operated by a person for purposes of this subsection (8), all motor vehicles owned, operated, leased, or otherwise controlled by such person shall be treated as owned by such person.

(b) (I) Upon the registration of an eligible vehicle, the owner shall report on forms provided by the department:

(A) The types of fuel used by such vehicle; and

(B) Whether such vehicle is dual-fueled or dedicated to one fuel.

(II) The forms provided by the department shall include spaces for the following fuels: Gasoline, diesel, propane, electricity, natural gas, methanol or M85, ethanol or E85, biodiesel, and other.

(c) Upon registration of a vehicle that is a part of a program area fleet, the owner shall report on forms provided by the department that such vehicle is owned by a program area fleet and shall list the owner's tax identification number.

(d) Within a reasonable period of time and upon the request of a political subdivision or the state of Colorado or any institution of the state or the state's political subdivisions, the department shall provide a report listing the owners of eligible vehicles that use fuels other than gasoline or diesel, listing the fuel type of each such eligible vehicle, and identifying whether or not such eligible vehicles are part of a program area fleet.

(9) Except for vehicles owned by a trust created for the benefit of a person with a disability, for purposes of enforcing disabled parking privileges granted pursuant to section 42-4-1208, the department, when issuing a registration card under this section, shall clearly indicate on the card if an owner of a vehicle is a person with a disability as defined in section 42-3-204. If the vehicle is owned by more than one person and the registration reflects that joint ownership, the department shall clearly indicate on the registration card which of the owners are persons with disabilities and which of the owners are not.

(10) (a) Whenever a person asks the department or any other state department or agency for the name or address of the owner of a motor vehicle registered under this section, the department or agency shall require the person to disclose if the purpose of the request is to determine the name or address of a person suspected of a violation of a state or municipal law detected through the use of an automated vehicle identification system as described in section 42-4-110.5. If the purpose of the request is to determine the name or address of such a suspect, the department or agency shall release such information only if the county or municipality for which the request is made complies with section 42-4-110.5.

(b) No person who receives the name or address of the registered owner of a motor vehicle from the department or from a person who receives the information from the department shall release such information to a county or a municipality unless the county or municipality complies with state laws concerning the use of automated identification devices.

Source: L. 2005: (2) amended, p. 395, § 2, effective July 1; entire article amended with relocations, p. 1095, § 2, effective August 8.

Editor's note: (1) Prior to 1994, this section was numbered as 42-3-111.

(2) This section was formerly contained in section 42-3-112, and portions of the former section 42-3-113 were relocated to sections 42-3-201 and 42-3-301 in 2005. For a detailed comparison, see the table located in the back of the index.

(3) Subsection (2) was originally numbered as 42-3-112 (2), and the amendments to it in House Bill 05-1140 were harmonized with section 42-3-113 (2) as it appears in House Bill 05-1107.

Annotator's note. Since § 42-3-113 is similar to § 42-3-112 as it existed prior to the 2005 amendment to article 3 of title 42, which resulted in the relocation of provisions, a relevant case construing that provision has been included in the annotations to this section.

Subsection (10) (formerly subsection (14)) supersedes conflicting provisions of municipal ordinances. Regulation of automated vehicle identification systems to enforce traffic laws is a matter of mixed local and state concern. In the event of conflict, state law prevails. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002).