1 Colo. Code Regs. § 204-10-40

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 1 CCR 204-10-40 - Low-Power Scooter

Basis: The statutory bases for this rule are sections 42-1-102 (48.5), 42-1-204, 42-2-103(2), 42-3-105(1)(d), 42-3-105(2), 42-3-105(4), 42-3-301, 42-3-311, and 42-3-304(18)(d), C.R.S.

Purpose: The purpose of this rule is to establish criteria for a Registration Agent to register a low-power scooter.

1.0Definitions

1.1 "Dealer" means a motor vehicle dealer, used motor vehicle dealer or power sport dealer licensed under Article 20 of Title 44, C.R.S.

1.2 "Registration Agent" means a Dealer that has been approved by the Department to act as an authorized agent of the Department for the purposes of compliance with 42-3-105(4) and 42-3-311, C.R.S. and the collection of fees required for the registration of a low-power scooter.

2.0Registration Agent Eligibility

2.1 A Dealer that engages in the selling of low-power scooters that desires to register low-power scooters that the Dealer has sold must apply with the Department to be approved to be a Registration Agent for the Department.

a. A Dealer that is engaged in the selling of low-power scooters that does not desire to be a Registration Agent is not required to be a Registration Agent. A customer purchasing a low-power scooter from a Dealer that is not an authorized Registration Agent should be directed to the Department for the registration of the low-power scooter purchased from the Dealer that is not a Registration Agent.

3.0Registration Agent Responsibilities

3.1 A Dealer that desires to be a Registration Agent must submit a form DR 2228 Low-Power Scooter Registration Agent Application to the Department for approval.

3.2 Upon approval, the Dealer will be issued a Registration Agent number. The Registration Agent number is in addition to any dealer license number issued to the Dealer and must appear on all correspondence with the Department, monthly reports and all low-power scooter registrations submitted to the Department.

3.3 If a Registration Agent changes their Dealership location address from the location address identified in the original approved form DR 2228 Low-Power Scooter Registration Agent Application, a new form DR 2228 must be submitted within ten (10) business days of the address change from when the Dealer is physically located at the new address to the Department. "Address Change Only" must be indicated at the top of the application. The assigned Registration Agent number will remain the same.

3.4 If a Registration Agent changes their business name, a new form DR 2228 must be submitted within ten (10) business days of the name change to the Department. "Name Change Only" must be indicated at the top of the application. The assigned Registration Agent number may be changed and the Registration Agent may be issued a new Registration Agent number at the discretion of the Department.

3.5 Upon request, of the Department, by any Dealer regulatory agency or governing body, by law enforcement, or by a customer, the Registration Agent must provide a copy of the Department approved form DR 2228 as proof of authorization to register low-power scooters and collect the associated fees on behalf of the Department.

3.6 Authorization to be an approved Registration Agent and register low-power scooters and collect the associated fees on behalf of the Department is immediately revoked if the Registration Agent ceases to be a Dealer, either by its own actions or due to actions taken by a Dealer regulatory agency or governing body or upon negative audit findings initiated by the Department.

3.7 Low-Power Scooter Decals

a. Low-power scooter decals must be purchased by Registration Agent from the Department. Requests for low-power scooter decals must be completed on the form DR 2183 Low-Power Scooter Monthly Report and Request for Decals/Forms. Requests for low-power scooter decals may be processed by mail or in person at the address indicated on the DR 2183.

b. A Registration Agent shall not be permitted to purchase excess low-power scooter decals above their allowable months of supply based on historical issuance trends determined by the Department.

c. No refunds will be granted for returned or expired low-power scooter decals. Damaged low-power scooter decals must be returned to the Department. Damaged low-power scooter decals shall be replaced upon payment of the applicable fees by the Registration Agent.

d. Low-power scooter decals that are lost or stolen must be reported to law enforcement within 72-hours from the date it was determined that the low-power scooter decals were lost or discovered stolen. A copy of the report to law enforcement listing all the serial numbers of the lost or stolen low-power scooter decals must be submitted to the Department. The Department will replace the missing low-power scooter decals upon payment of the applicable fees by the Registration Agent.

e. A low-power scooter decal and registration period is valid for a period of three (3) years from the date of issuance. A license plate will not be issued to a low-power scooter.

f. The Department reserves the right to audit Registration Agent low-power scooter decal inventory at any time. Registration Agent will be provided with audit instructions and details. Failure to follow these rules and procedures may result in revocation of the ability to operate as a Registration Agent.

3.8 Monthly Reports

a. Registration Agent must complete and submit form DR 2183 Low-Power Scooter Monthly Report and Request for Decals/Form to the Department at the address on the form by the 10^th of every month. In the event that the 10^th is a Saturday, Sunday or State holiday the DR 2183 must be submitted on the next business day following the Saturday, Sunday or State Holiday. In the event that the Registration Agent did not issue low-power scooter decals for any given month, the DR 2183 shall be submitted indicating zero (0) under the section identified as "Decal Numbers Sold".

b. A Registration Agent who does not submit the monthly reports, as listed above, shall lose the authority to issue low-power scooter decals on behalf of the Department and authorization to be an approved Registration Agent and to register low-power scooters and collect the associated fees on behalf of the Department will be revoked. Upon revocation notice from the Department, the Dealer must immediately cease acting as a Registration Agent and provide any low-power scooter deals that have not been issued to the Department.

3.9 Upon a Registration Agent completing a low-power scooter registration the Registration Agent must:

a. Submit to the Department:

i. The completed form DR 2579 Low-Power Scooter Registration Agent Temporary Registration form.

ii. Photocopy of the proof of ownership including, but not limited to, a Manufacturer's Statement of Origin, invoice, notarized bill of sale, or receipt. The owner's/applicant's name must be consistent on the proof of ownership.

iii. Appropriate registration fees as indicated on the DR 2579.

iv. Proof that the owner's/applicant's secure and verifiable identification has been verified using the Secure and Verifiable Identification section on the form DR 2579 or by using the form DR 2841 Secure and Verifiable ID and form DR 2842 Supplemental Secure and Verifiable Identification Information and Attestation Clause forms.

v. Proof of insurance.

b. Provide to the low-power scooter owner/applicant:

i. A photocopy of the proof of ownership as listed under 3.9 a. ii. Above.

ii. A photocopy of the form DR 2579 Low-Power Scooter Registration Agent Temporary Registration form to evidence the registration of the low-power scooter.

iii. The low-power scooter decal issued to evidence the registration of the low-power scooter listed on the DR 2579. The Registration Agent shall hole punch the expire month and expire year on the low-power scooter decal prior to issuing the low-power scooter decal to the customer. The expire month and expire year must match the expire month and expire year on the DR 2579.

iii. Instructions that upon acceptance of the documents and items provided to the Department from the Registration Agent that the Department will complete the registration transaction in Department systems and upon completion of the registration transaction will mail to the low-power scooter owner/applicant a registration receipt that will replace the copy of the DR 2579 provided.

iv. Instructions that renewal of the low-power scooter registration can only be completed by the Department. Prior to expiration of the current registration period the owner will receive renewal notice with instructions from the Department.

v. Instructions that replacement of a lost, damaged or stolen low-power scooter decal can only be completed by the Department by contacting the Department directly.

3.10 If the Department is unable to validate the low-power scooter or any of the documents or forms provided by the Registration Agent or the Department determines that the vehicle submitted does not meet the definition of low-power scooter or that the insurance provide is not valid the Department will reject the application back to the Registration Agent for resolution with the owner/applicant.

3.11 Insurance

a. A low-power scooter will not be registered until the applicant has a complying motor vehicle insurance policy pursuant to Part 6 of Article 4 of Title 10, C.R.S., or a certificate of self-insurance is in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S.

b. The applicant must provide the Department or the Registration Agent with the proof of insurance certificate or insurance identification card provided to the applicant by the applicant's insurer pursuant to section 10-4-604.5, C.R.S., or provide proof of insurance in such other media as is authorized by the Department.

3.12 In the event that a Registration Agent chooses to no longer act as a Registration Agent, all low-power scooter decals must be returned to the Department with a notice on the Dealer's letterhead. This notice shall serve as notification to the Department that this Dealer will no longer act as a Registration Agent for the Department. All remaining DR 2579's and DR 2183's that have not been submitted to the Department previously shall be submitted at that time.

3.13 At no time will a Registration Agent register or issue a low-power scooter decal to a vehicle that does not meet the definition of low-power scooter in section 42-1-102 (48.5), C.R.S. This includes but is not limited to, a motorcycle defined in section 42-1-102(55), C.R.S., a toy vehicle defined in section 42-1-102 (103.5), C.R.S., a bicycle defined in section 42-1-102(10), C.R.S., or an off-highway vehicle defined in section 42-1-102(63), C.R.S.

a. If a Registration Agent is unsure if a vehicle meets the definition of a low-power scooter it should not register the vehicle and direct the owner/applicant to the Department for a determination.

b. A Registration Agent that knowingly registers a vehicle as a low-power scooter that does not meet the definition of a low-power scooter is required to make reasonable efforts to recover the low-power scooter decal and registration from the owner/applicant and at the discretion of the Department may have their authorization to be a Registration Agent revoked.

4.0Appeals

4.1 If a Dealer is denied application to be a Registration Agent or if a Dealer's Registration Agent status is revoked, the Dealer may request a hearing, in writing, within sixty days after the date of notice of denial. Written hearing requests shall be submitted to the Department of Revenue, Hearings Division.

4.2 The hearing shall be held at the Department of Revenue, Hearing Division. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The Department's representative need not be present at the hearing unless the presiding hearing officer requires his or her presence or the person requesting the hearing 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.

1 CCR 204-10-40

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