1 CCR 204-10-26 - PHYSICAL INSPECTION OF A VEHICLE
Basis: This rule is promulgated under the authority of sections 42-1-204, 42-3-105(1)(c)(I), 42-5-202, 42-5-204, 42-5-207, 42-6-107(1)(b), 42-6-117(2), 42-6-119, and 42-12-202, C.R.S.
Purpose: The purpose of this rule is to provide clarification of the requirements for a Physical Inspection of a vehicle in order to obtain a Colorado certificate of title and/or registration.
1.0
Definitions
1.1 "Certified VIN Inspection" means
completion, by an Inspector, of a Physical Inspection and a computer check of
the state and national compilations of wanted and stolen vehicles or commercial
vehicles pursuant to section
42-5-202(3),
C.R.S.
1.2 "Colorado Assigned ID"
means the assignment of a special vehicle identification number pursuant to
section 42-12-202, C.R.S.
1.3 "Inspector" has the same meaning as set
forth in section
42-5-201(5),
C.R.S.
1.4 "Manufacturer's
Certificate of Origin" ("MCO") or "Manufacturer's Statement of Origin" ("MSO")
means a secure document issued by a manufacturer that provides ownership of a
new vehicle prior to the new vehicle being titled.
1.5 "Physical Inspection" means a visual
inspection either by a Certified VIN Inspection or Regular VIN Inspection of a
vehicle that must verify the vehicles information required in section
42-3-105(1)(c)(I),
C.R.S.
1.6 "Regular VIN Inspection"
means the completion of a Physical Inspection by either an Inspector or a
Vehicle-Related Entity.
1.7
"Unreadable" means an odometer that cannot be made to function so that the
mileage recording can be displayed. The term "Unreadable" may not be used in
place of the actual odometer mileage on forms DR 2698 Verification of Vehicle
Identification Number or DR 2704 Colorado Certified VIN Inspection when the
odometer cannot be obtained due to locked vehicles or lost keys. When the term
"Unreadable" is used on the forms DR 2698 Verification of Vehicle
Identification Number or DR 2704 Colorado Certified VIN Inspection the odometer
reading must not reflect an actual mileage on the Colorado certificate of
title.
1.8 "Vehicle-Related Entity"
has the same meaning as set forth in sections
42-3-105(1)(c)(II)
and
42-6-107(1)(b),
C.R.S., and shall also include at the discretion of the Department, out of
state law enforcement entities, other states emissions inspection stations,
military police, and military commanding officers.
1.9 "VIN" means "Vehicle Identification
Number" and has the same meaning as set forth in sections
42-5-101(11) and
42-5-201(13),
C.R.S.
2.0
Physical
Inspection Requirements
2.1
Certified VIN Inspection
a. A Certified VIN
Inspection must be completed before a vehicle can be titled and/or registered
in Colorado when it meets the requirements in section
42-5-202, C.R.S., or when it meets
one of the below situations:
i. The vehicle is
required to follow a bonding for title procedure to establish
Ownership.
ii. The vehicle is
homemade, rebuilt and/or reconstructed, built from a kit, or built from
multiple vehicles.
iii. The vehicle
is a street rod pursuant to section
42-12-203(2),
C.R.S.
iv. The vehicle's VIN has
been removed, changed, altered, obliterated, or is required to be replaced with
a Colorado Assigned ID.
v. The
vehicle is a homemade trailer, a trailer requiring an assigned trailer
identification tag, in lieu of bond for a trailer less than 2,000 pounds, a
trailer from jurisdictions that do not title or register trailers that are
being titled and/or registered in Colorado.
vi. The vehicle is a salvage vehicle being
made roadworthy pursuant to sections
42-6-102(15) and
42-6-136.5(2),
C.R.S.
vii. The vehicle is subject
to a public tow pursuant to Title 42 Section 4 Part 18, C.R.S., or a private
tow Title 42 Section 4 Part 21, C.R.S.
b. Certified VIN Inspection Requirements
i. Must be completed on the form DR 2704
Colorado Certified VIN Inspection.
ii. Must be completed by a P.O.S.T. certified
Inspector.
iii. Must validate the
VIN and the vehicles related information required in sections
42-3-105(1)(c)(I)
and
42-6-107(1)(b),
C.R.S.
iv. Must include a stolen
vehicle validation check to be completed by the Inspector pursuant to section
42-5-202(3),
C.R.S.
v. Must include a
certification that the vehicle is roadworthy pursuant to section
42-6-102(15),
C.R.S.
vi. The vehicle must be
physically located in Colorado.
vii. Is assessed fees pursuant to section
42-5-204(1)(a),
C.R.S.
2.2
Regular VIN Inspection
a. A Regular VIN
Inspection must be completed before a vehicle can be titled and/or registered
in Colorado when:
i. The vehicle was
previously titled and/or registered in another jurisdiction and the owner is
seeking to obtain a Colorado title and/or registration unless the vehicle meets
the requirements and the vehicle owner can provide the documents required under
sections 42-3-105(1)(c)(I),
42-3-107(1)(b),
and 42-6-119(4)(b),
C.R.S.
ii. To process a new title
when a title correction is needed due to error caused by a manufacturer,
dealer, lienholder, or an owner when the Department is unable to validate the
VIN using documents and evidence provided as part of the research of the
error.
iii. A document provided to
title and/or register the vehicle cannot be validated without requiring the
vehicle to have a Physical Inspection.
iv. The Department cannot determine if the
vehicle is physically located in Colorado.
b. Regular VIN Inspection Requirements
i. Must be completed on a form DR 2698
Verification of Vehicle Identification Number.
ii. May be completed by either a
Vehicle-Related Entity or an Inspector.
iii. Must validate the VIN and vehicle
related information required in sections
42-3-105(1)(c)(I)
and
42-6-107(1)(b),
C.R.S.
iv. The vehicle must be
physically located in Colorado.
v.
Can be assessed a fee as determined by the Vehicle-Related Entity or Inspector
performing the Physical Inspection pursuant to section
42-5-202 (2.5), C.R.S.
3.0
Waive Vehicle
Being Physically Located in Colorado Requirements
3.1 A person may request the Department to
waive the vehicle being physically located in the State of Colorado for a
Regular VIN Inspection when circumstances prevent the owner from having the
vehicle physically located in the State of Colorado for a Physical Inspection.
If the Department approves, the owner may be required to complete and provide
proof of Physical Inspection from an Inspector or Vehicle-Related Entity in the
jurisdiction or country that the vehicle is physically located. Circumstances
that may prevent the owner from having the vehicle physically located in the
State of Colorado maybe, but are not limited to:
a. The vehicle is owned by a person serving
with the U.S. Armed Forces that is a Colorado resident and is on orders in
another jurisdiction or country and his/her vehicle is physically with him/her
in the other jurisdiction or country.
b. The vehicle is owned by a person that is a
student of a college or university that is a Colorado resident and is in
another jurisdiction or country and his/her vehicle is physically with him/her
in the other jurisdiction or country.
4.0
Inspector and Vehicle-Related
Entity Hearing and Determination Requirements
4.1 If an Inspector or Vehicle-Related Entity
denies a vehicle owner access to a Physical Inspection or if an Inspector deems
a vehicle to not be roadworthy and the owner disputes that claim, the
Inspector's or Vehicle-Related Entity's agency must provide the vehicle owner
notice of an opportunity for a hearing pursuant to sections
24-4-104 and
24-4-105, C.R.S.
4.2 An Inspector and Vehicle-Related Entity
must satisfy the requirements of sections
24-4-104 and
24-4-105, C.R.S., regarding all
applications for Physical Inspections and decisions completed by the Inspector
or Vehicle-Related Entity in connection with this rule.
4.3 The vehicle owner may request a hearing,
in writing, within 60 days after the notice of denial is issued. Written
hearing requests shall be submitted to the Department of Revenue, Hearings
Division.
4.4 The hearing shall be
held at the Department of Revenue, Hearings Division. The presiding hearing
officer, designated by the Executive Director, shall conduct the hearing
pursuant to the State Administrative Procedures Act, section
24-4-105, C.R.S. The Department's
representative need not be present at the hearing unless the presiding hearing
officer requires his or her presence or the applicant requests his or her
presence in writing. If the Department's representative is not present at the
hearing, the hearing officer has the discretion to consider any written
documents and affidavits submitted by the Department, relevant to the
matter.
Notes
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