1 CCR 204-10-22 - MANUFACTURER'S CERTIFICATE OF ORIGIN - REQUIREMENTS AND USE
Basis: The statutory bases for this rule are 42-6-104 and 42-6-113, C.R.S.
Purpose: The purpose of this rule is to define the requirements for a Manufacturer's Certificate of Origin and its use to obtain a Colorado certificate of title.
1.0
Definitions
1.1 "Bill of Sale" or "BOS" means a document
furnished by a vehicle seller to the vehicle buyer specifying the items and
containing the information required by
42-6-113, C.R.S. For the purposes
of a Licensed Colorado Dealer, the bill of sale shall be on the Departments
secure form DR 2173 Motor Vehicle Bill of Sale or DR 2407 Dealer's Bill of Sale
for a Motor Vehicle.
1.2 "Dealer"
or "Licensed Colorado Dealer" means the same as defined in
42-6-102(2),
C.R.S.
1.3 "Manufacturer" means the
same as defined in
42-6-102(8),
C.R.S.
1.4 "Manufacturer
Representative" means the same as defined in
12-6-102 (11.5) and 12+6-102(14),
C.R.S.
1.5 "Manufacturer's
Certificate of Origin" or "MCO" means a secure document issued by a
Manufacturer which establishes ownership of the New Vehicle or OHV prior to the
New Vehicle or OHV being titled. MCO may be referred to by certain
manufacturers as "Manufacturer's Statement of Origin" or "MSO", when referred
to as MSO it shall have the same meaning as MCO.
1.6 "New Vehicle" means the same as defined
in 42-6-102(11),
C.R.S.
1.7 "Off-Highway Vehicle" or
"OHV" means the same as defined in
42-6-102 (11.5), C.R.S.
1.8 "Used Vehicle" means the same as defined
in 42-6-102(22),
C.R.S.
2.0
Manufacturer's
Certificate of Origin Standards and Requirements
2.1 A Manufacturer's Certificate of Origin
(MCO) shall adhere to the specification for printing standards published by the
American Association of Motor Vehicle Administrators (AAMVA). The MCO shall
contain the security features and standard requirements below:
a. Security Features
i. Paper
1.
Sensitized Security Paper- paper that is reactive to chemicals commonly used to
alter documents.
2. Non-Optical
Brightener Paper- paper without added optical brighteners which will not
fluoresce under ultraviolent light.
ii. Engraved Border- a border produced from
engraved artwork, which shall appear on the front of the MCO.
iii. Copy Deterrent
1. Prismatic- rainbow printing which is used
as a deterrent to color copying, and/or
2. Copy Void Pantograph- the word "void"
appears when the document is copied.
iv. Complex Colors- colors, which are
developed by a mixture of two or more colors (red, yellow or blue) and black if
required.
v. Erasable Fluorescent
Background Inks- fluoresces under ultraviolent light and reacts to any attempt
to erase in such a manner as to be immediately detectable.
vi. Background Security Design- a repetitious
design consisting of a pattern, which hinders counterfeiting efforts.
vii. Microline- a line of small alpha
characters in capital letters which requires a magnifying glass to
read.
viii. Consecutively Numbered-
documents that contain a control/serial number which is consecutively numbered
for control purposes.
ix. Security
Image or Marking
1. Security Thread- with or
without watermark.
2. Intaglio
Print- with or without latent image.
b. Document Size- shall be seven inches by
eight inches.
c. Paper Stock- sixty
60 pound offset or equivalent durability.
d. Construction- unless otherwise specified
by the Department, the forms should be constructed and fan folded for use on
high-speed pin-fed computer printer and/or continuous typewriters.
e. Layout- test matter space of 1/10 inches
horizontal and 1/16 inches deep characters
2.2 The MCO is required to convey ownership
of a New Vehicle or OHV and must contain the information below utilizing the
appropriate American National Standards Institute (ANSI) standards that provide
the criteria for character set and print quality for optical character
recognition. Information printed, if required, shall use the National Crime
Information Center (NCIC) codes and abbreviations published in the NCIC Codes
Manual.
a. Date the MCO was issued;
b. Invoice number indicating ownership
transferred from the manufacturer;
c. The New Vehicle's or OHV's;
i. Vehicle Identification Number
(VIN);
ii. Year of
manufacture;
iii. Make;
iv. Body type;
v. Shipping weight;
vi. Horsepower;
vii. Gross vehicle weight rating
(GVWR);
viii. Number of
cylinders;
ix. Series;
x. Model; and xi. Major and minor
colors.
2.3
The MCO must contain the clauses below:
a. A
clause that certifies that the New Vehicle or OHV as described on the MCO is
the property of the Manufacturer identified and the date it has been
transferred to the distributor or Dealer as identified on the face of the
MCO.
b. A clause that certifies
that the MCO represents that this was the first transfer to the distributor or
Dealer of the New Vehicle or OHV described on the MCO in ordinary trade and
commerce. A Manufacturer's Representative for the Manufacturer must sign
acknowledging this clause.
2.4 The Dealer shall provide secure printing
and storage facilities for MCO and BOS in the Dealer's possession.
3.0
New Vehicle Title
Requirements
3.1 The MCO
shall be duly transferred from the last Dealer who had possession of the New
Vehicle or OHV to the purchaser or transferee. All transfer assignments on the
MCO shall include disclosure of the odometer reading, if required, at the time
of sale or transfer of the New Vehicle or OHV. A Dealer who has had the New
Vehicle or OHV in their possession subsequent to the Manufacturer must complete
the assignment on the back of the MSO.
3.2 Upon the sale or transfer of a New
Vehicle or OHV by the last Dealer who had possession of the New Vehicle or OHV,
the last Dealer shall make, execute, and deliver to the purchaser or transferee
a sufficient Bill of Sale (BOS) and MCO specific to the New Vehicle or OHV that
was sold or transferred. For the purposes of this Rule 22, "sufficient" means a
fully completed BOS.
3.3 The Dealer
shall, within the time limits required in
42-6-112, C.R.S., facilitate the
delivery of the MCO together with the BOS and other documents required by
Article 6 of Title 42 to the County Clerk and Recorder of the county where the
purchaser or transferee is a resident, pursuant to
42-6-134 and
42-6-139, C.R.S.
3.4 If a Dealer that sells or transfers a New
Vehicle or OHV fails to provide a MCO for the New Vehicle or OHV, the purchaser
or transferee must bond for the title pursuant to
42-6-115, C.R.S., and Code of
Colorado Regulations 1 CCR 204-10 Rule 19. Bonding for Colorado Certificate of
Title, before a title can be issued.
4.0
Imported New Vehicle or
OHV
4.1 An application for a
Colorado certificate of title for a New Vehicle or OHV imported into the United
States (U.S.) through legal means with a foreign MCO must include the following
documents in order to establish ownership and prove compliance with the
Environmental Protection Agency (EPA), Department of Transportation (DOT), and
Department of Homeland Security U.S. Customs and Border Protection (CBP) import
vehicle requirements. The foreign MCO and other documents must be translated
into English.
a. U.S. DOT certification that
the New Vehicle or OHV meets all safety standards required in the United
States.
b. Application for Final
Admission of Non-Conforming Imported Vehicle or Engine issued by the EPA with
the resulting EPA issued Certificate of Conformity.
c. Entry Summary issued by the CBP and the
Release of Bond Letter.
d. BOS or
invoice from the New Vehicle or OHV importer to the Dealer.
e. Completed Department BOS with the
applicants' disclosure of the New Vehicle or OHV mileage. Pursuant to Federal
Odometer Law 49 CFR
580.5 the odometer indicator will be
"Actual". If the New Vehicle or OHV is inoperable or the odometer reading is
unknown the odometer indicator will be "Not Actual".
f. Completed Department form DR 2698
Verification of the Vehicle Identification Number.
4.2 An application for a Colorado certificate
of title for a New Vehicle or OHV imported into the U.S. through legal means
that does not have a foreign MCO or foreign country title must include the
documents identified above in paragraph 4.1 and the applicant must bond for a
Colorado certificate of title pursuant to
42-6-115, C.R.S., and Code of
Colorado Regulations 1 CCR 204-10 Rule 19. Bonding for Colorado Certificate of
Title.
Notes
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