Section 42-6-146 - Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty(1) If a mortgagee, lienholder, or the mortgagee's or lienholder's assignee or the agent of either repossesses a motor or off-highway vehicle because of default in the terms of a secured debt, the repossessor shall notify, either orally or in writing, a law enforcement agency, as provided in this section, of the repossession, the name of the owner, the name of the repossessor, and the name of the mortgagee, lienholder, or assignee. The notification must be made at least one hour before, if possible, and in any event no later than one hour after, the repossession occurs. If the repossession takes place in an incorporated city or town, the repossessor shall notify the police department, town marshal, or other local law enforcement agency of the city or town. If the repossession takes place in the unincorporated area of a county, the repossessor shall notify the county sheriff.(2) A repossessor who violates subsection (1) of this section commits a petty offense.(3) If a motor or off-highway vehicle being repossessed is subject to the "Uniform Commercial Code - Secured Transactions", article 9 of title 4, C.R.S., the repossession is governed by section 4-9-629, C.R.S.(4) As used in this section, the term "repossessor" means the party who physically takes possession of the motor or off-highway vehicle and drives, tows, or transports the vehicle for delivery to the mortgagee, lienholder, or assignee or the agent of the mortgagee, lienholder, or assignee.Amended by 2021 Ch. 462, § 758, eff. 3/1/2022.Amended by 2013 Ch. 407, § 38, eff. 6/5/2013 and applicable to acts committed on or after 7/1/2014.L. 94: Entire title amended with relocations, p. 2469, § 1, effective 1/1/1995. L. 2001: (3) amended, p. 1448, § 47, effective July 1. L. 2002: (2) amended, p. 1564, § 377, effective October 1. L. 2005: Entire section amended, p. 825, § 35, effective August 8. L. 2013: (1), (3), and (4) amended, (SB 13-280), ch. 2395, p. 2395, § 38, effective June 5. L. 2021: (2) amended, (SB 21-271), ch. 3321, p. 3321, § 758, effective 3/1/2022.(1) This section is similar to former § 42-6-143 as it existed prior to 1994.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For penalties for petty offenses, see § 18-1.3-503 . (2) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.