1 CCR 204-10-48 - COLORADO DEALER LICENSE PLATES

Basis: The statutory bases for this rule are sections 42-1-102(22), 42-1-204, 42-3-116, and 42-3-304, C.R.S.

Purpose: The following rule is promulgated to establish criteria for issuance or license plates authorized for use by vehicle Dealers, vehicle Wholesalers, and persons who Offer for Sale special mobile machinery (SMM).

1.0 Definitions

1.1 "Dealer" has the same meaning as set forth in section 42-1-102(22), C.R.S.

1.2 "Dealer Demonstration" means a license plate that has stacked "DMO" lettering on the Colorado blue and white graphic license plate.

1.3 "Dealer Full-Use" means a license plate that has stacked "DLR" lettering on the Colorado blue and white graphic license plate.

1.4 "Dealer In-Transit" means a license plate that has stacked "INT" lettering on the Colorado blue and white graphic license plate.

1.5 "Dealer License Plates" means the Dealer Demonstration, Dealer Full-Use, Dealer In-Transit, or SMM Dealer Demonstration license plates.

1.6 "Established Place of Business" has the same meaning as set forth in section 42-1-102(31), C.R.S.

1.7 "Legitimate Business Interest" for the purpose of Section 2.8 as referred to in section 42-3-116(6)(d)(III), C.R.S., means:

a. One or more specific and identifiable reasons that assigning a Dealer Full-Use license plate to any person serves the bona fide business interest of the Dealer or Wholesaler; and

b. Use of the plate is benefiting the bona fide business interest.

1.8 "Motorcycle Plate" means a license plate manufactured in the standard size and configuration for a motorcycle.

1.9 "Normal Business Hours" for the purpose of this rule means 7:00 a.m.- 7:00 p.m. Monday through Saturday, unless otherwise defined by the Motor Vehicle Dealer Board.

1.10 "Offered for Sale" means:

a. The title to a vehicle has been properly assigned to Dealer or Wholesaler, or if a new motor vehicle, the Dealer or Wholesaler has evidence of a manufacturer's certificate of origin for the vehicle; and

b. The vehicle is identified as available for sale on the Dealer's or Wholesaler's inventory list.

1.11 "Passenger Plate" means a standardized license plate manufactured for a Class C vehicle pursuant to section 42-3-203(1)(a), C.R.S.

1.12 "SMM Dealer" means a person who Offers to Sell special mobile machinery in the ordinary course of business.

1.13 "SMM Dealer Demonstration" means a license plate that has dual stacked "SMM" and "DMO" lettering on the Colorado blue and white license plate graphic.

1.14 "Wholesaler" has the same meaning as set forth in section 12-6-102(29), C.R.S.

2.0 Requirements

2.1 A Dealer or Wholesaler meeting all statutory and regulatory requirements may be issued Dealer License Plates.

2.2 SMM Dealers meeting all statutory and regulatory requirements may be issued SMM Dealer Demonstration license plate.

2.3 Dealer License Plates shall be issued, registered, and renewed by the County Motor Vehicle Office in the county in which the Dealer, Wholesaler, or SMM Dealer has an Established Place of Business.

2.4 Dealer License Plates shall be manufactured and offered as:

a. Dealer Demonstration- single Passenger Plate and single Motorcycle Plate.

b. Dealer In-Transit- single Passenger Plate.

c. Dealer Full-Use- single Passenger Plate and single Motorcycle Plate.

d. SMM Dealer Demonstration- single Passenger Plate.

2.5 Quantity of Dealer License Plates issued:

a. Dealer Demonstration license plates may be issued in unrestricted quantities to Dealers with the "Demo Plates: Y" indicator on the DR 2118 Dealer's License.

b. Dealer In-Transit license plates may be issued in unrestricted quantities to Dealers with a current and valid DR 2118 Dealer's License.

c. Dealer Full-Use license plates may be issued in unrestricted quantities to Dealers and Wholesalers with a valid "Full Use Plates: Y" indicator on the DR 2118 Dealer's License.

2.6 Prior to initial issuance of an SMM Dealer Demonstration license plate the SMM Dealer will be assigned a SMM Dealer number that begins with "S" by the County Motor Vehicle Office. This SMM Dealer number shall be used for the issuance, renewal, and reporting of SMM Dealer Demonstration license plates registered under that "S" number. This SMM Dealer number shall be retained by the SMM Dealer and be used for all SMM transactions with regard to SMM Dealer Demonstration license plates.

2.7 Fees for Dealer License Plates shall be paid upon issuance and renewal as listed below:

a. Dealer Demonstration and Dealer In-Transit license plates fees must be paid as required by sections 42-3-304(6), 42-3-301, and 42-1-210, C.R.S.

b. Dealer Full-Use license plates fees must be paid as required by sections 42-3-116(6)(b)(II), 42-3-301, and 42-1-210, C.R.S

c. SMM Dealer Demonstration license plates fees must be paid as required by sections 42-3-116(7)(b)(II), 42-3-301, and 42-1-210, C.R.S.

2.8 Dealer License Plates can be used only as follows:

a. A Dealer Demonstration license plate:

1. May be displayed on a vehicle Offered for Sale by a Dealer; and

2. May be displayed on a vehicle operated by a prospective buyer for demonstration drive purposes during Normal Business Hours when a dealership employee is in the vehicle with the prospective buyer or

3. May be displayed on a vehicle operated by a prospective buyer for demonstration drives purposes outside of Normal Business Hours when a dealership employee is not in the vehicle with the prospective buyer; provided that:

A. The Dealer must provide the prospective buyer a letter authorizing him/her to operate the vehicle with a Dealer Demonstration license plate after Normal Business Hours;

B. The authorization letter must include the name and address of the prospective buyer, Dealer Demonstration license plate number, dates of the demonstration drive, vehicle make, vehicle model, and vehicle identification number; and

C. The authorization letter must be kept in the vehicle when operating and must be presented to law enforcement upon request.

b. A Dealer In-Transit license plate:

1. May be displayed on a vehicle operated intra-state or inter-state that is Offered for Sale, consigned to be sold, or owned by a Dealer.

2. May be displayed on a vehicle operated from point of purchase to the point of storage, or from the point of storage to the point of sale;

3. May be displayed on a vehicle operated for demonstration purposes only during Normal Business Hours when a dealership employee is in the vehicle with a prospective buyer.

c. A Dealer Full-Use license plate:

1. May be displayed only on vehicles Offered for Sale by a Dealer or Wholesaler.

2. May be displayed on a vehicle owned by the Dealer or Wholesaler while used by any of the persons listed in section 42-3-116(6)(d), C.R.S. The DR 2574 Colorado Registration Receipt issued with the Dealer Full-Use license plate must be maintained in the vehicle displaying the Dealer Full-Use license plate along with documents demonstrating the Dealer or Wholesaler's ownership.

d. A SMM Dealer Demonstration license plate:

1. May be displayed on special mobile machinery:

A. Offered for Sale by a SMM Dealer; and

B. Being demonstrated for purposes of a sale.

2.9 Dealers and Wholesalers issued Dealer Full-Use license plates must maintain a record of all Dealer Full-Use license plates issued to them. Such record must include the name, address, and phone number of the individual currently authorized to use the Dealer Full-Use license plates.

2.10 All Dealer License Plates must be returned within ten days to the Department if:

a. Through either a voluntary or an involuntary action, the Dealer, Wholesaler, or SMM Dealer ceases to be a Dealer, Wholesaler, or SMM Dealer; or

b. Upon revocation of the Dealer's DR 2118 Dealer's License by the Motor Vehicle Dealer Board.

2.11 A Dealer, Wholesaler, or SMM Dealer that changes ownership or legal status (e.g., changes from a corporation to a limited liability company, etc.) must immediately return all Dealer License Plates to the County Motor Vehicle Office that issued the plates and apply for new Dealer License Plates.

2.12 Lost or stolen Dealer License Plates must be reported within seventy-two hours to local law enforcement and to the County Motor Vehicle Office that issued the Dealer License Plates. A copy of the police report must be attached to the DR 2283 Lost or Stolen License Plate/Permit Affidavit when submitted to the County Motor Vehicle Office.

2.13 Secure and verifiable identification is required for issuance and replacement of Dealer License Plates. Dealers, Wholesalers, and SMM Dealers must provide the Department a list of all personnel authorized to conduct Dealer License Plate transactions with the Department on the Dealer's, Wholesaler's, or SMM Dealer's behalf.

3.0 Appeals

3.1 If a Dealer, Wholesaler, or SMM Dealer has been denied a Dealer License Plate, it may request a hearing, in writing, within 60 days after a notice of denial is issued. Written hearing requests shall be submitted to the Department of Revenue, Hearings Section.

3.2 The hearing shall be held at the Department of Revenue, Hearing Section. 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 Dealer, Wholesaler, or SMM Dealer 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.

Notes

1 CCR 204-10-48

37 CR 15, August 10, 2014, effective 8/30/2014 37 CR 22, November 25, 2014, effective 12/15/2014 37 CR 24, December 25, 2014, effective 1/14/2015 38 CR 04, February 25, 2015, effective 3/17/2015 38 CR 13, July 10, 2015, effective 7/30/2015 38 CR 16, August 25, 2015, effective 9/14/2015 38 CR 22, November 25, 2015, effective 12/15/2015 38 CR 23, December 10, 2015, effective 1/14/2016 39 CR 01, January 10, 2016, effective 1/30/2016 39 CR 03, February 10, 2016, effective 3/1/2016 39 CR 09, May 10, 2016, effective 5/30/2016 39 CR 10, May 25, 2016, effective 6/14/2016 39 CR 12, June 25, 2016, effective 7/30/2016 39 CR 15, August 10, 2016, effective 8/30/2016 39 CR 16, August 25, 2016, effective 9/14/2016 39 CR 23, December 10, 2016, effective 12/30/2016 40 CR 03, February 10, 2017, effective 3/2/2017 40 CR 13, July 10, 2017, effective 7/30/2017 40 CR 16, August 25, 2017, effective 9/14/2017 40 CR 19, October 10, 2017, effective 10/30/2017 40 CR 22, November 25, 2017, effective 12/15/2017 41 CR 02, January 25, 2018, effective 2/14/2018 41 CR 03, February 10, 2018, effective 3/2/2018 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 08, April 25, 2018, effective 5/15/2018 41 CR 09, May 10, 2018, effective 5/30/2018 41 CR 10, May 25, 2018, effective 6/14/2018 41 CR 15, August 10, 2018, effective 8/30/2018 41 CR 17, September 10, 2018, effective 9/30/2018 41 CR 19, October 10, 2018, effective 10/30/2018 41 CR 22, November 25, 2018, effective 12/15/2018 42 CR 03, February 10, 2019, effective 3/2/2019 42 CR 08, April 10, 2019, effective 5/15/2019 42 CR 10, May 25, 2019, effective 6/14/2019 42 CR 11, June 10, 2019, effective 6/30/2019 42 CR 14, July 25, 2019, effective 8/14/2019 43 CR 01, January 10, 2020, effective 1/30/2020 43 CR 04, February 25, 2020, effective 3/16/2020 43 CR 06, March 25, 2020, effective 4/14/2020 43 CR 07, April 10, 2020, effective 5/1/2020 43 CR 12, June 25, 2020, effective 7/16/2020 43 CR 18, September 25, 2020, effective 10/15/2020 44 CR 13, July 10, 2021, effective 7/31/2021 45 CR 01, January 10, 2022, effective 1/30/2022 45 CR 07, April 10, 2022, effective 7/1/2022 46 CR 05, March 10, 2023, effective 4/3/2023 46 CR 07, April 10, 2023, effective 4/30/2023