1 Colo. Code Regs. § 205-1, Regulation 44-20-109(2)

Current through Register Vol. 47, No. 20, October 25, 2024

Regulation Regulation 44-20-109(2)

1. For purposes of this regulation, "out-of-state motor vehicle dealer" means a motor vehicle dealer or used motor vehicle dealer that is not a resident of Colorado and that is not licensed in Colorado as a motor vehicle dealer or used motor vehicle dealer.

2. This regulation does not apply to an out-of-state motor vehicle dealer that buys or sells a motor vehicle at an auction conducted by a licensed Wholesale Motor Vehicle Auction Dealer in Colorado.

3. An out-of-state motor vehicle dealer may sell a motor vehicle to a consumer only at the following specific events:

A) the Colorado State Fair;

B) the National Western Stock Show; and,

C) the annual Colorado RV, Sports and Travel Show.

4. If an out-of-state motor vehicle dealer intends to sell a motor vehicle to a consumer at a specific event other than those listed above, then the out-of-state motor vehicle dealer must obtain the board's permission to apply for a temporary license for that specific event. To obtain the board's permission, the out-of-state motor vehicle dealer must submit a written petition to the executive secretary of the board at least ninety days prior to the specific event so that the executive secretary can docket the board's review of the petition. At the review, the board will consider only the written petition.

5. An out-of-state motor vehicle dealer temporary license is issued for thirty consecutive calendar days related to the specific event designated in the application for an out-of-state motor vehicle temporary license.

6. An out-of-state motor vehicle dealer may not obtain more than three out-of-state motor vehicle dealer temporary licenses in a calendar year.

7. In order to sell a motor vehicle to a consumer at a specific event, an out-of-state motor vehicle dealer must apply for an out-of-state motor vehicle dealer temporary license. An out-of-state motor vehicle dealer must not engage in any sales activity at a specific event until the board approves the out-of-state motor vehicle dealer temporary license.

8. By no later than fourteen calendar days prior to the specific event designated in the application, an out-of-state motor vehicle dealer must submit a completed application form for an out-of-state motor vehicle dealer temporary license related to the specific event. The board shall reject for filing any application for an out-of-state motor vehicle dealer temporary license that is not accompanied by both a remittance in the full amount of the fee for the license and by the bond required for the license. The board may reject for filing any application that does not completely satisfy the requirements of the application form and its instructions.

9. In the event that an out-of-state motor vehicle dealer intends to sell a new motor vehicle to a consumer in Colorado, then an out-of-state motor vehicle dealer shall provide written evidence that each manufacturer, whose vehicles the out-of-state motor vehicle dealer intends to sell at the specific event, has authorized the out-of-state motor vehicle dealer to sell the manufacturer's vehicles at the specific event.

10. An out-of-state motor vehicle dealer must make an out-of-state motor vehicle dealer temporary license readily-available for inspection by any person at the specific event during the entire time that the out-of-state motor vehicle dealer is present at the event.

11. An out-of-state motor vehicle dealer operating in Colorado pursuant to an out-of-state motor vehicle dealer temporary license has agreed to do business under applicable Colorado law and regulations. Therefore, an out-of-state motor vehicle dealer has both the same rights and the same responsibilities as a licensed Colorado motor vehicle dealer.

1 CCR 205-1, Regulation 44-20-109(2)

41 CR 20, October 25, 2018, effective 11/14/2018

41 CR 22, November 25, 2018, effective 12/15/2018

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 24, December 25, 2020, effective 11/17/2020

45 CR 03, February 10, 2022, effective 3/17/2022

45 CR 14, July 25, 2022, effective 8/15/2022