Current
through Register Vol. 47, No. 5, March 10, 2024
Basis: The statutory bases for this rule are
38-20-116,
42-1-204,
42-6-102,
42-6-104,
42-6-115(3)(a),
42-6-116,
42-6-136,
42-6-136.5,
42-6-137, and
42-9-102, C.R.S.
Purpose: The purpose of this rule is to
establish requirements for obtaining a Colorado certificate of title for a
motor vehicle that has been abandoned at a Motor Vehicle Repair
Facility.
1.1
"Abandoned Motor Vehicle" for the purposes of this rule means the same as it is
defined in
38-20-116 (2.5)(b),
C.R.S.
1.2 "Last Good Faith Effort"
for the purpose of this rule means notifying the vehicle owner as required
pursuant to
38-20-116(2),
C.R.S.
1.3 "Motor Vehicle Repair
Facility" means the same as it is defined in
42-9-102(3),
C.R.S.
1.4 "Work Day" for the
purposes of this rule means Monday through Friday, excluding Colorado State
Government recognized holidays.
1.5
"Work Order" means the same as it is defined in
42-9-102(6),
C.R.S.
2.1 A
Motor Vehicle Repair Facility in possession of an Abandoned Motor Vehicle may
obtain a Colorado certificate of title in its name by completing the steps
below. The below steps are the recommended order of completion, the Motor
Vehicle Repair Facility may complete the steps in any order, but all steps must
be completed before the Motor Vehicle Repair Facility can obtain a Colorado
certificate of title in its name.
a. Complete
a title record search pursuant to
38-20-116 (2.5)(c)(III), C.R.S.
i. If the Abandoned Motor Vehicle is a motor
vehicle registered in Colorado, submit form DR 2489A Motor Vehicle Record
Requestor Release And An Affidavit of Intended Use and attach thereto a copy of
the Work Order.
1. A certified Vehicle
Identification Number (VIN) inspection may be submitted in lieu of a Work Order
when the Work Order is not available.
ii. If the Abandoned Motor Vehicle is
registered in another jurisdiction, a title and lien search from the other
jurisdiction is required. The results of that search shall be submitted with
the application for a Colorado certificate of title.
b. Notify the owner(s) and all lienholders in
accordance with subsection
38-20-116 (2.5)(c)(IV),
C.R.S.
c. Complete a certified VIN
inspection pursuant to
38-20-116 (2.5)(c)(II)(A) and (B),
C.R.S. on form DR 2704 Colorado Certified VIN Inspection.
d. Establish the retail fair market value of
the Abandoned Motor Vehicle pursuant to section
38-20-116 (2.5)(c)(I),
C.R.S.
e. Purchase a surety bond
pursuant to
42-6-115(3)(a)
and 38-20-116 (2.5)(c)(V),
C.R.S.
f. Disclose current or
previous salvage information.
i. If the
Colorado certificate of title record search indicates the Abandoned Motor
Vehicle is branded as salvage, the DR 2704 Colorado Certified VIN Inspection
form must indicate that the Abandoned Motor Vehicle is "Not Roadworthy".
1. If an Abandoned Motor Vehicle previously
having a salvage brand has been repaired to a roadworthy condition, the Motor
Vehicle Repair Facility may apply for a Colorado rebuilt from salvage
certificate of title by completing the requirements listed in form DR 2415
Rebuilt Title Established by Salvage Title Checklist and completing form DR
2424 Salvage Title Statement of Fact indicating what repairs were made to the
Abandoned Motor Vehicle to bring it to a roadworthy condition as defined in
section 42-6-102(15),
C.R.S.
a. After making repairs to bring the
branded salvage Abandoned Motor Vehicle to a roadworthy condition, a new form
DR 2704 Colorado Certified VIN Inspection must be submitted with the
application for Colorado certificate of title.
2. If the salvage branded Abandoned Motor
Vehicle is not repaired to a roadworthy condition, the Motor Vehicle Repair
Facility may apply for a salvage branded title using form DR 2410 Application
for Salvage Title or Nonrepairable Title.
3. If the Colorado certificate of title
record search indicates that the Abandoned Motor Vehicle was branded as
"Previous Salvage (Rebuilt from Salvage)" and the form DR 2704 indicates that
the Abandoned Motor Vehicle is roadworthy, the Motor Vehicle Repair Facility
must request a salvage history on the Abandoned Motor Vehicle from the
Department.
a. Upon determination of the
reason for the vehicle being branded salvage, the Motor Vehicle Repair Facility
must complete form DR 2710 Branded Title Disclosure Statement.
b. If the reason for the vehicle being
branded salvage is indeterminate, the Motor Vehicle Repair Facility must
complete form DR 2710 Branded Title Disclosure Statement, marking the "Other"
box on the form and must write "Purchased as an abandoned vehicle, unable to
obtain a salvage history, reason for salvage unknown" in the space provided to
the right of the "Other" box.
g. Complete form DR 2438 Storage Lien Bond
Statement Guide or form DR 2444 Statement of Fact, providing the information
required pursuant to section
38-20-116(c)(VI),
C.R.S.
2.2 After
completion of all steps in paragraph 2.1 above, the Motor Vehicle Repair
Facility may apply for a Colorado certificate of title or salvage branded
title. The application and related forms must be filed in the name of the Motor
Vehicle Repair Facility, and in the county where the Motor Vehicle Repair
Facility is located. The County Clerk and Recorder will issue the Colorado
certificate of title in the Motor Vehicle Repair Facilities name using the
previous title code of "BOS REP" (Bill of Sale Repair Facility) and assess the
appropriate fees pursuant to
42-6-137, C.R.S.
a. An Abandoned Motor Vehicle with a retail
fair market value of less than $200.00 can be sold only for the purposes of
junking, scrapping, or dismantling. No certificate of title will be issued. The
sale must be executed in accordance with subsection
38-20-116 (2.5)(c)(VII)(B),
C.R.S.
2.3 After the
Motor Vehicle Repair Facility has obtained a Colorado certificate of title for
the Abandoned Motor Vehicle, the vehicle must be sold in a commercially
reasonably manner pursuant to section
38-20-116(d)(I),
C.R.S.
3.0
Agents Acting on
Behalf of the Motor Vehicle Repair Facility
3.1 An agent may obtain title to an Abandoned
Motor Vehicle in a Motor Vehicle Repair Facility's name upon presenting a Power
of Attorney or Permission Letter authorizing the agent to act on the Motor
Vehicle Repair Facility's behalf.
3.2 The Permission Letter listed in paragraph
3.1 must include the make, model, model year, and VIN of the Abandoned Motor
Vehicle; the business name, address, and telephone number of the Motor Vehicle
Repair Facility; and a statement that "[Name of Motor Vehicle Repair Facility]
hereby authorizes [agent's name] to act on my behalf in processing the title
application for the above-referenced motor vehicle." The permission letter must
be either (1) signed under penalty of perjury or (2) notarized.
