Code of Colorado Regulations
200 - Department of Revenue
204 - Division of Motor Vehicles
1 CCR 204-10 - VEHICLE SERVICES SECTION
26 - PHYSICAL INSPECTION OF A VEHICLE
Current through Register Vol. 47, No. 17, September 10, 2024
Basis: This rule is promulgated under the authority of sections 42-1-204, 42-3-105(1)(c)(I), 42-5-202, 42-5-204, 42-5-207, 42-6-107(1)(b), 42-6-117(2), 42-6-119, and 42-12-202, C.R.S.
Purpose: The purpose of this rule is to provide clarification of the requirements for a Physical Inspection of a vehicle in order to obtain a Colorado certificate of title and/or registration.
1.0 Definitions
1.1 "Certified VIN Inspection" means completion, by an Inspector, of a Physical Inspection and a computer check of the state and national compilations of wanted and stolen vehicles or commercial vehicles pursuant to section 42-5-202(3), C.R.S.
1.2 "Colorado Assigned ID" means the assignment of a special vehicle identification number pursuant to section 42-12-202, C.R.S.
1.3 "Inspector" has the same meaning as set forth in section 42-5-201(5), C.R.S.
1.4 "Manufacturer's Certificate of Origin" ("MCO") or "Manufacturer's Statement of Origin" ("MSO") means a secure document issued by a manufacturer that provides ownership of a new vehicle prior to the new vehicle being titled.
1.5 "Physical Inspection" means a visual inspection either by a Certified VIN Inspection or Regular VIN Inspection of a vehicle that must verify the vehicles information required in section 42-3-105(1)(c)(I), C.R.S.
1.6 "Regular VIN Inspection" means the completion of a Physical Inspection by either an Inspector or a Vehicle-Related Entity.
1.7 "Unreadable" means an odometer that cannot be made to function so that the mileage recording can be displayed. The term "Unreadable" may not be used in place of the actual odometer mileage on forms DR 2698 Verification of Vehicle Identification Number or DR 2704 Colorado Certified VIN Inspection when the odometer cannot be obtained due to locked vehicles or lost keys. When the term "Unreadable" is used on the forms DR 2698 Verification of Vehicle Identification Number or DR 2704 Colorado Certified VIN Inspection the odometer reading must not reflect an actual mileage on the Colorado certificate of title.
1.8 "Vehicle-Related Entity" has the same meaning as set forth in sections 42-3-105(1)(c)(II) and 42-6-107(1)(b), C.R.S., and shall also include at the discretion of the Department, out of state law enforcement entities, other states emissions inspection stations, military police, and military commanding officers.
1.9 "VIN" means "Vehicle Identification Number" and has the same meaning as set forth in sections 42-5-101(11) and 42-5-201(13), C.R.S.
2.0 Physical Inspection Requirements
2.1 Certified VIN Inspection
2.2 Regular VIN Inspection
3.0 Waive Vehicle Being Physically Located in Colorado Requirements
3.1 A person may request the Department to waive the vehicle being physically located in the State of Colorado for a Regular VIN Inspection when circumstances prevent the owner from having the vehicle physically located in the State of Colorado for a Physical Inspection. If the Department approves, the owner may be required to complete and provide proof of Physical Inspection from an Inspector or Vehicle-Related Entity in the jurisdiction or country that the vehicle is physically located. Circumstances that may prevent the owner from having the vehicle physically located in the State of Colorado maybe, but are not limited to:
4.0 Inspector and Vehicle-Related Entity Hearing and Determination Requirements
4.1 If an Inspector or Vehicle-Related Entity denies a vehicle owner access to a Physical Inspection or if an Inspector deems a vehicle to not be roadworthy and the owner disputes that claim, the Inspector's or Vehicle-Related Entity's agency must provide the vehicle owner notice of an opportunity for a hearing pursuant to sections 24-4-104 and 24-4-105, C.R.S.
4.2 An Inspector and Vehicle-Related Entity must satisfy the requirements of sections 24-4-104 and 24-4-105, C.R.S., regarding all applications for Physical Inspections and decisions completed by the Inspector or Vehicle-Related Entity in connection with this rule.
4.3 The vehicle owner may request a hearing, in writing, within 60 days after the notice of denial is issued. Written hearing requests shall be submitted to the Department of Revenue, Hearings Division.
4.4 The hearing shall be held at the Department of Revenue, Hearings Division. The presiding hearing officer, designated by the Executive Director, shall conduct the hearing pursuant to the State Administrative Procedures Act, section 24-4-105, C.R.S. The Department's representative need not be present at the hearing unless the presiding hearing officer requires his or her presence or the applicant 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, relevant to the matter.