1 Colo. Code Regs. § 204-10-22

Current through Register Vol. 47, No. 11, June 10, 2024
Rule 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.

1.0Definitions
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.
2.0Manufacturer'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.
3.0New 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.
4.0Imported 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.

1 CCR 204-10-22

37 CR 15, August 10, 2014, effective 8/30/2014
37 CR 22, November 25, 2014, effective 12/15/2014
37 CR 24, December 25, 2014, effective 1/14/2015
38 CR 04, February 25, 2015, effective 3/17/2015
38 CR 13, July 10, 2015, effective 7/30/2015
38 CR 16, August 25, 2015, effective 9/14/2015
38 CR 22, November 25, 2015, effective 12/15/2015
38 CR 23, December 10, 2015, effective 1/14/2016
39 CR 01, January 10, 2016, effective 1/30/2016
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 09, May 10, 2016, effective 5/30/2016
39 CR 10, May 25, 2016, effective 6/14/2016
39 CR 12, June 25, 2016, effective 7/30/2016
39 CR 15, August 10, 2016, effective 8/30/2016
39 CR 16, August 25, 2016, effective 9/14/2016
39 CR 23, December 10, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 3/2/2017
40 CR 13, July 10, 2017, effective 7/30/2017
40 CR 16, August 25, 2017, effective 9/14/2017
40 CR 19, October 10, 2017, effective 10/30/2017
40 CR 22, November 25, 2017, effective 12/15/2017
41 CR 02, January 25, 2018, effective 2/14/2018
41 CR 03, February 10, 2018, effective 3/2/2018
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 08, April 25, 2018, effective 5/15/2018
41 CR 09, May 10, 2018, effective 5/30/2018
41 CR 10, May 25, 2018, effective 6/14/2018
41 CR 15, August 10, 2018, effective 8/30/2018
41 CR 17, September 10, 2018, effective 9/30/2018
41 CR 19, October 10, 2018, effective 10/30/2018
41 CR 22, November 25, 2018, effective 12/15/2018
42 CR 03, February 10, 2019, effective 3/2/2019
42 CR 08, April 10, 2019, effective 5/15/2019
42 CR 10, May 25, 2019, effective 6/14/2019
42 CR 11, June 10, 2019, effective 6/30/2019
42 CR 14, July 25, 2019, effective 8/14/2019
43 CR 01, January 10, 2020, effective 1/30/2020
43 CR 04, February 25, 2020, effective 3/16/2020
43 CR 06, March 25, 2020, effective 4/14/2020
43 CR 07, April 10, 2020, effective 5/1/2020
43 CR 12, June 25, 2020, effective 7/16/2020
43 CR 18, September 25, 2020, effective 10/15/2020
44 CR 13, July 10, 2021, effective 7/31/2021
45 CR 01, January 10, 2022, effective 1/30/2022
45 CR 07, April 10, 2022, effective 7/1/2022
46 CR 05, March 10, 2023, effective 4/3/2023
46 CR 07, April 10, 2023, effective 4/30/2023