1 CCR 204-10-51 - COLORADO DIGITAL LICENSE PLATES

Basis: The statutory bases for this rule are sections 42-3-201 and 42-3-202, C.R.S.

Purpose: The following rule is promulgated to establish criteria for the issuance and use of a digital license plate.

1.0 Definitions

1.1 "AAMVA" means American Association of Motor Vehicle Administrators.

1.2 "CCi" means Colorado Correctional Industries.

1.3 "Customer" means a person who is requesting the issuance of a Digital License Plate.

1.4 "Department" means the Colorado Department of Revenue.

1.5 "Digital License Plate" means an electronic display that is mounted on a vehicle in the place of and that serves the function of a number plate issued by the Department.

1.6 "Issuance" means a vehicle registration transaction creating a license plate with a vehicle registered pursuant to sections 42-3-201 and 42-3-202, C.R.S.

1.7 "Vendor" means a natural person as defined in section 42-1-102 (69), C.R.S., estate, trust, firm, copartnership, association, corporation, the Department or business entity who issues Digital License Plates. For the purpose of this regulation, Vendor does not pertain to the definition of a vendor in section 42-1-102 (112.5), C.R.S.

2.0 Vendor Application Process

2.1 Upon request by Digital License Plate vendors, the Department will provide an information packet which will include: an application to offer Digital License Plates within the State of Colorado, guidelines and requirements for Colorado license plates, and information regarding completing and evidencing satisfactory testing. As part of the application process, Vendors are required to demonstrate how their Digital License Plate meets the minimum requirements set forth in Section 3.0.

2.2 Testing requirements include the Digital License Plate description, the testing conditions/environment, and a description of Digital License Plate variations that were tested including all configurations, messages, and identifying figures. The visibility test is to be conducted at all times of day, both seated inside and standing outside of a vehicle at a minimum of 100 feet in daylight, pursuant to section 42-3-201(8)(a), C.R.S. The Automated License Plate Reader test is to be conducted at all times of day, from 25 foot, 35 foot, and 50 foot ranges, tilted from 10-15 degrees horizontally, and 24-60 degrees vertically. The configuration must be readable, by the Automated License Plate Reader, at a minimum of 25 feet at all times at all angles. The identifying figure for persons with disabilities identifying plates must conform to the Americans with Disabilities Act (ADA) requirements for size and placement.

2.3 Tests will be conducted by Department partner agencies including Colorado State Patrol and Colorado tolling authorities. A prospective Vendor will send Digital License Plates for testing to each of the participating partner agencies and tolling authorities including Colorado State Patrol, E-470, Colorado Transportation Investment Office, and Northwest Parkway. Partner agencies will test against the testing requirements and then provide written approval or denial to the Department.

2.4 Vendors meeting the Digital License Plate minimum requirements are required to contract with the Department in order to issue Digital License Plates.

2.5 The Digital License Plate Vendor is responsible for training Customers on the proper display and use of their Digital License Plate.

3.0 Digital License Plate Requirements

3.1 Digital License Plates must be manufactured to meet the following standards:

a. Visibility: the registration configuration number and expiration date must be clearly visible at all times at a minimum distance of one hundred (100') feet in normal sunlight.

b. Font: must be Colorado Gothic (owned by CCi). Permission for use will be granted by CCi.

c. Color: must be white background with black lettering, or black background with white lettering. The background can include grayscale. The design of the Department issued physical plate on the front of the vehicle and the design of the Digital License Plate on the rear of the vehicle must match, including validating tab or sticker if required, except for any personalized message in 3.3. License plates that have been retired are ineligible for Digital License Plates.

d. Dimensions of the Digital License Plate frame must be 12" x 6".

e. Readability: Digital License Plates must be tested and readable by license plate readers or cameras used by law enforcement, parking, and tolling authorities

3.2 Customers with disability identifying plates are permitted to display the identifying figure on the Digital License Plate according to section 42-3-204, C.R.S. Customers must show their Department issued physical license plate to the Vendor to prove eligibility for the identifying figure.

3.3 Customers may personalize their Digital License Plate from a selection of approved messages supplied by the Vendor and approved by the Department. The personalized message must be centered at the bottom of the plate and "Colorado" must be centered at the top of the plate. Customers are not permitted to customize their messages beyond the selection of messages supplied by the Vendor.

a. The Vendor allows for Customers to seek approval for their personalized messages and the Vendor will use an internal vetting process using the same parameters recommended by AAMVA. Once the Vendor has completed their internal process, they will then send those messages to the Department for approval in accordance with Department procedure. If the Department approves the message, the Department will inform the Vendor that the Customer will be able to use the approved message(s).

Guideline criteria for unacceptable messages:

* Profanity

* Any sexual content

* References to drugs and/or drug-use

* References to violence

* Violate copyright and/or protected material

* Hate Speech

* Has a negative connotation to a specific group

* Misrepresents a law enforcement entity

3.4 A Customer must register their vehicle according to section 42-3-201, C.R.S., and receive two Department issued physical license plates and a registration receipt. The Digital License Plate may only be displayed on vehicles with a current and valid Colorado registration and Department issued physical license plate.

3.5 The registration configuration number and validating tab or sticker, if required, displayed on the Digital License Plate must match the registration information supplied by the Department.

3.6 Customers who wish to obtain a Digital License Plate from a Vendor must provide a signed DR2489A "Motor Vehicle Requestor Release Affidavit of Intended Use" authorizing the Vendor to inquire about the Colorado issued registration.

3.7 The Digital License Plate must be displayed on the rear of the vehicle and the Department issued physical license plate must be displayed on the front of the vehicle. Customers must meet the plate display and placement requirements in section 42-3-202(2), C.R.S.

3.8 To indicate the vehicle registration requirements have been met and are current, the Department issued physical license plate must be kept in the vehicle at all times, when the Digital License Plate is displayed, in a readily accessible location and presented to law enforcement on request.

3.9 The Vendor may display an "Amber Alert" or similar official alerts on the Digital License Plate of a vehicle that is the subject of authorized official alerts at the request of law enforcement.

3.10 The Vendor will update the Digital License Plate to display "Invalid" when notified by the Department that the Customer's registration is expired or canceled. The registration number must be visible while the Invalid message is displayed for law enforcement and license plate readers. The Vendor is required to cancel any Digital License Plate at the request of the Department.

3.11 If the Digital License Plate ceases to display the registration configuration number and validating tab or sticker, if required, for any reason including, but not limited to, hardware or software limitations, expired subscription, or physical damage, the Customer must display the Department issued physical license plate on the rear of the vehicle and meet the plate display and placement requirements in section 42-3-202(2), C.R.S.

3.12 The Department may revoke authority for a Customer to use a Digital License Plate if the Digital License Plate is obscured from view. The Customer must maintain a valid subscription with the Vendor to display the Digital License Plate configuration. Failure to maintain a valid subscription could subject the Customer to revocation of the authority to use a Digital License Plate.

3.13 Fees for Digital License Plates will not be remitted to or collected by the Department and are in addition to the material fees for Department issued physical license plates issued by the Department. Fees for the Digital License Plate are determined by the Vendor. These fees are not subject to exemption by the Department.

3.14 The Vendor must maintain a secure record of all Digital License Plates issued and such records must include the name, phone number, and registration configuration number of the owner currently issued a Digital License Plate. The Vendor must provide records to the Department upon request as outlined in the terms of the contract.

3.15 Vendor records are subject to the Driver's Privacy Protection Act of 1994, codified at 18 U.S.C. §§ 2721 to 2725, the Colorado Privacy Act, codified at §§ 6-1-1301 to 1313, C.R.S., and the Colorado Privacy Act Rules, 4 CCR 904-3. The Vendor is required to ensure data privacy and security. Violations will result in revocation of the Vendor's issuance authority and may include criminal and civil penalties. Data or records shall not be sold or distributed to unauthorized parties for any reason.

3.16 The Department incorporates by reference the Colorado Privacy Act Rules, 4 CCR 904-3 (July 1, 2023). Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. The Department will maintain electronic copies of the complete texts of the adopted codes and standards, which are available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials and/or obtain certified copies of the adopted regulations for a reasonable fee by contacting the Vehicle Services Section Director at the Department, 1881 Pierce Street, Lakewood, CO, 80214 and/or The State Depository Libraries. Copies of the regulations are available from the issuing agency, the Colorado Department of Law, located at 1300 Broadway, 10th Fl., Denver, CO, 80203, or online at the Colorado Department of Law's website at https://coag.gov/resources/colorado-privacy-act/ or the Colorado Secretary of State's Office website at coloradosos.gov.

3.17 The Vendor shall not share geolocation data with the Department or any other party notwithstanding law enforcement requests.

3.18 The Vendor must provide detailed reports as requested by the Department to assist with auditing, inquiries, and reconciliation each year, or as otherwise needed by the Department. All reports will be provided in a format as required by the Department. Reports may include, but are not limited to:

a. Report of Digital License Plates issued to Colorado Customers including the registration configuration number of the owner currently issued a Digital License Plate.

b. Report of Customers who have lapsed their subscriptions to the Vendor's service.

c. Report of Customers who have reestablished their subscriptions to the Vendor's service.

d. Report of Vendor outages of service when they occur.

e. Notification of any data or privacy breach or investigation of potential data breach.

4.0 Appeals

4.1 If a Vendor is denied an application to issue Digital License Plates, they 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, via email at dor_regulatoryhearings@state.co.us or by mail at PO Box 17087, Denver, CO 80217-0087.

4.2 The hearing shall be held virtually with the Department of Revenue, Hearings 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 Vendor 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 204-10-51

47 CR 20, October 25, 2024, effective 12/31/2024