Current through Register Vol. 47, No. 17, September 10, 2024
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.
1.1
"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.
2.0
Registration
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.
3.0
Registration 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
10th of every month. In the event that the
10th 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.
4.1 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.
