§ 42-1-102 — Definitions
This text of Colorado § 42-1-102 (Definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Text
As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
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As used in articles 1 to 4 of this title 42, unless the
context otherwise requires:
(1) Acceleration lane means a speed-change lane, including tapered areas,
for the purpose of enabling a vehicle entering a roadway to increase its speed to a
rate at which it can more safely merge with through traffic.
(1.5) Accredited testing laboratory means a testing laboratory that is
recognized by the federal occupational safety and health administration or an
independent laboratory that has been certified by an accrediting body to the
standard ISO 17025 or standard ISO 17065 of the International Organization for
Standardization.
(2) Administrator means the property tax administrator.
(3) Alley means a street or highway intended to provide access to the rear
or side of lots or buildings in urban areas and not intended for the purpose of
through vehicular traffic.
(4) Apportioned registration means registration of a vehicle pursuant to a
reciprocal agreement under which the fees paid for registration of such vehicle are
ultimately divided among the several jurisdictions in which the vehicle travels,
based upon the number of miles traveled by the vehicle in each jurisdiction or upon
some other agreed criterion.
(4.5) Appurtenance means a piece of equipment that is affixed or attached
to a motor vehicle or trailer and is used for a specific purpose or task, including
awnings, support hardware, and extractable equipment. Appurtenance does not
include any item or equipment that is temporarily affixed or attached to the exterior
of a motor vehicle for the purpose of transporting such vehicle.
(5) Authorized agent means the county clerk and recorder in each county
in the state of Colorado, the clerk and recorder in the city and county of Broomfield,
and the manager of revenue or such other official of the city and county of Denver
as may be appointed by the mayor to perform functions related to the registration
of, titling of, or filing of liens on motor vehicles, wheeled trailers, semitrailers,
trailer coaches, special mobile machinery, off-highway vehicles, and manufactured
homes.
(6) Authorized emergency vehicle means such vehicles of the fire
department, police vehicles, ambulances, and other special-purpose vehicles as are
publicly owned and operated by or for a governmental agency to protect and
preserve life and property in accordance with state laws regulating emergency
vehicles; said term also means the following if equipped and operated as
emergency vehicles in the manner prescribed by state law:
(a) Privately owned vehicles as are designated by the state motor vehicle
licensing agency necessary to the preservation of life and property; or
(b) Privately owned tow trucks approved by the public utilities commission to
respond to vehicle emergencies.
(7) Authorized service vehicle means such highway or traffic maintenance
vehicles as are publicly owned and operated on a highway by or for a governmental
agency the function of which requires the use of service vehicle warning lights as
prescribed by state law and such other vehicles having a public service function,
including, but not limited to, public utility vehicles and tow trucks, as determined by
the department of transportation under section 42-4-214 (5). Some vehicles may be
designated as both an authorized emergency vehicle and an authorized service
vehicle.
(7.5) (a) Autocycle means a three-wheeled motor vehicle in which the
driver and each passenger ride in a fully or partly enclosed seating area that is
equipped with safety belts for all occupants that constitute a safety belt system, as
defined in section 42-4-237 (1)(b).
(b) As used in this subsection (7.5), partly enclosed seating area means a
seating area that is entirely or partly surrounded on the sides by the frame or body
of a vehicle but is not fully enclosed.
(7.7) Automated driving system means hardware and software that are
collectively capable, without any intervention or supervision by a human operator,
of performing all aspects of the dynamic driving task for a vehicle on a part-time or
full-time basis, described as levels 4 and 5 automation in SAE International's
standard J3016, as it existed in September 2016.
(8) Automobile means any motor vehicle.
(8.5) BAC means either:
(a) A person's blood alcohol content, expressed in grams of alcohol per one
hundred milliliters of blood as shown by analysis of the person's blood; or
(b) A person's breath alcohol content, expressed in grams of alcohol per two
hundred ten liters of breath as shown by analysis of the person's breath.
(9) Base jurisdiction means the state, province, or other jurisdiction which
receives, apportions, and remits to other jurisdictions moneys paid for registration
of a vehicle pursuant to a reciprocal agreement governing registration of vehicles.
(10) Bicycle means a vehicle propelled by human power applied to pedals
upon which a person may ride having two tandem wheels or two parallel wheels and
one forward wheel, all of which are more than fourteen inches in diameter.
(10.3) Bicycle lane means a portion of the roadway that has been
designated by striping, signage, or pavement markings for the exclusive use of
bicyclists and other authorized users of bicycle lanes. Bicycle lane includes an
intersection if the bicycle lane is marked on opposite sides of the intersection.
(10.5) Bulk electronic transfer means the mass electronic transfer of files,
updated files, or portions thereof, in the same form as those files exist within the
department.
(11) Business district means the territory contiguous to and including a
highway when within any six hundred feet along such highway there are buildings in
use for business or industrial purposes, including but not limited to motels, banks,
office buildings, railroad stations, and public buildings which occupy at least three
hundred feet of frontage on one side or three hundred feet collectively on both
sides of the highway.
(12) Calendar year means the twelve calendar months beginning January 1
and ending December 31 of any year.
(13) Camper coach means an item of mounted equipment, weighing more
than five hundred pounds, which when temporarily or permanently mounted on a
motor vehicle adapts such vehicle for use as temporary living or sleeping
accommodations.
(14) Camper trailer means a wheeled vehicle having an overall length of
less than twenty-six feet, without motive power, which is designed to be drawn by a
motor vehicle over the public highways and which is generally and commonly used
for temporary living or sleeping accommodations.
(15) Chauffeur means every person who is employed for the principal
purpose of operating a motor vehicle and every person who drives a motor vehicle
while in use as a public or common carrier of persons or property.
(16) Classified personal property means any personal property which has
been classified for the purpose of imposing thereon a graduated annual specific
ownership tax.
(16.5) Colorado DRIVES is an acronym that stands for Colorado driver's
license, record, identification, and vehicle enterprise solution and means the driver
and vehicle services information technology system that the department uses to
provide driver, identification, and vehicle title and registration services to Colorado
residents.
(17) Commercial carrier means any owner of a motor vehicle, truck, laden
or unladen truck tractor, trailer, or semitrailer used in the business of transporting
persons or property over the public highways for profit, hire, or otherwise in any
business or commercial enterprise.
(17.5) Commercial vehicle means a vehicle used to transport cargo or
passengers for profit, hire, or otherwise to further the purposes of a business or
commercial enterprise. This subsection (17.5) shall not apply for purposes of
sections 42-4-235 and 42-4-707 (1).
(18) Controlled-access highway means every highway, street, or roadway in
respect to which owners or occupants of abutting lands and other persons have no
legal right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over such
highway, street, or roadway.
(19) Convicted or conviction means:
(a) A plea of guilty or nolo contendere;
(b) A verdict of guilty;
(c) An adjudication of delinquency under title 19, C.R.S.;
(d) The payment of a penalty assessment under section 42-4-1701 if the
summons states clearly the points to be assessed for the offense; and
(e) As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402:
(I) An unvacated adjudication of guilt or a determination by an authorized
administrative hearing that a person has violated or failed to comply with the law;
(II) An unvacated forfeiture of bail or collateral deposited to secure the
person's appearance in court;
(III) The payment of a fine or court cost or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated, suspended, or
probated; or
(IV) A deferred sentence.
(20) Court means any municipal court, county court, district court, or any
court having jurisdiction over offenses against traffic regulations and laws.
(21) Crosswalk means that portion of a roadway ordinarily included within
the prolongation or connection of the lateral lines of sidewalks at intersections or
any portion of a roadway distinctly indicated for pedestrian crossing by lines or
other marking on the surface.
(22) Dealer means every person engaged in the business of buying, selling,
or exchanging vehicles of a type required to be registered under articles 1 to 4 of
this title and who has an established place of business for such purpose in this
state.
(23) Deceleration lane means a speed-change lane, including tapered
areas, for the purpose of enabling a vehicle that is to make an exit to turn from a
roadway to slow to the safe speed on the ramp ahead after it has left the
mainstream of faster-moving traffic.
(23.5) Declared gross vehicle weight means the combined weight of the
vehicle or combination vehicle and its cargo when operated on the public highways
of this state. Such weight shall be declared by the vehicle owner at the time the
vehicle is registered. Accurate records shall be kept of all miles operated by each
vehicle over the public highways of this state by the owner of each vehicle.
(24) Department means the department of revenue acting directly or
through a duly authorized officer, agent, or third-party provider.
(24.3) Discharged LGBT veteran has the same meaning as set forth in
section 28-5-100.3.
(24.5) Distinctive special license plate means a special license plate that is
issued to a person because such person has an immutable characteristic or special
achievement honor. Such special achievement honor shall not include a common
achievement such as graduating from an institution of higher education. Such
special achievement shall include honorable service in the armed forces of the
United States. Distinctive special license plate shall include a license plate that is
issued to a person or the person's family to honor such person's service in the
armed forces.
(25) Divided highway means a highway with separated roadways usually
for traffic moving in opposite directions, such separation being indicated by
depressed dividing strips, raised curbings, traffic islands, or other physical barriers
so constructed as to impede vehicular traffic or otherwise indicated by standard
pavement markings or other official traffic control devices as prescribed in the
state traffic control manual.
(26) Drive-away transporter or tow-away transporter means every person
engaged in the transporting of vehicles which are sold or to be sold and not owned
by such transporter, by the drive-away or tow-away methods, where such vehicles
are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount
methods, or by any lawful combination thereof.
(27) Driver means every person, including a minor driver under the age of
twenty-one years, who drives or is in actual physical control of a vehicle.
(27.3) DUI means driving under the influence, as defined in section 42-4-1301 (1)(f), and use of the term shall incorporate by reference the offense described
in section 42-4-1301 (1)(a).
(27.5) DUI per se means driving with a BAC of 0.08 or more, and use of the
term shall incorporate by reference the offense described in section 42-4-1301
(2)(a).
(27.7) DWAI means driving while ability impaired, as defined in section 42-4-1301 (1)(g), and use of the term shall incorporate by reference the offense
described in section 42-4-1301 (1)(b).
(27.8) (a) Dynamic driving task means all of the following aspects of
driving:
(I) Operational aspects, including steering, braking, accelerating, and
monitoring the vehicle and the roadway; and
(II) Tactical aspects, including responding to events, determining when to
change lanes, turning, using signals, and other related actions.
(b) Dynamic driving task does not include strategic aspects, including
determining destinations or way points, of driving.
(28) Effective date of registration period certificate means the month in
which a fleet owner must register all fleet vehicles.
(28.5) (a) Electrical assisted bicycle means a vehicle having two or three
wheels, fully operable pedals, and an electric motor not exceeding seven hundred
fifty watts of power. Electrical assisted bicycles are further required to conform to
certain classes as follows:
(I) Class 1 electrical assisted bicycle means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches a speed of twenty miles
per hour.
(II) Class 2 electrical assisted bicycle means an electrical assisted bicycle
equipped with a motor that provides assistance regardless of whether the rider is
pedaling but ceases to provide assistance when the bicycle reaches a speed of
twenty miles per hour.
(III) Class 3 electrical assisted bicycle means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches a speed of twenty-eight
miles per hour.
(b) Electrical assisted bicycle does not include:
(I) A vehicle that is modified so that it no longer meets the requirements for
any class of electrical assisted bicycle; or
(II) A vehicle that is designed, manufactured, or intended by the
manufacturer or seller to be easily configured so as not to meet the requirements
of an electrical assisted bicycle, whether by a mechanical switch or button, by
changing a setting in software controlling the drive system, by use of an online
application, or through other means intended by the manufacturer or seller.
(28.7) Electric personal assistive mobility device or EPAMD means a self-balancing, nontandem two-wheeled device, designed to transport only one person,
that is powered solely by an electric propulsion system producing an average
power output of no more than seven hundred fifty watts.
(28.8) (a) Electric scooter means a device:
(I) Weighing less than one hundred pounds;
(II) With handlebars and an electric motor;
(III) That is powered by an electric motor; and
(IV) That has a maximum speed of twenty miles per hour on a paved level
surface when powered solely by the electric motor.
(b) Electric scooter does not include an electrical assisted bicycle, EPAMD,
motorcycle, or low-power scooter.
(29) Empty weight means the weight of any motor vehicle or trailer or any
combination thereof, including the operating body and accessories, as determined
by weighing on a scale approved by the department.
(30) Essential parts means all integral parts and body parts, the removal,
alteration, or substitution of which will tend to conceal the identity or substantially
alter the appearance of the vehicle.
(31) Established place of business means the place actually occupied
either continuously or at regular periods by a dealer or manufacturer where such
dealer's or manufacturer's books and records are kept and a large share of his or
her business transacted.
(31.5) Exceptions processing means the procedures the department uses
to assist persons who are unable for reasons beyond their control to present all the
necessary documents required by the department and must rely on alternative
documents to establish identity, date of birth, or United States citizenship in lieu of
lawful presence in the United States.
(32) Explosives and hazardous materials means any substance so defined
by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389.
(33) Farm tractor means every implement of husbandry designed and used
primarily as a farm implement for drawing plows and mowing machines and other
implements of husbandry.
(34) Flammable liquid means any liquid which has a flash point of seventy
degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup
test device.
(35) Fleet operator means any resident who owns or leases ten or more
motor vehicles, trailers, or pole trailers and who receives from the department a
registration period certificate in accordance with article 3 of this title.
(36) Fleet vehicle means any motor vehicle, trailer, or pole trailer owned or
leased by a fleet operator and registered pursuant to section 42-3-125.
(37) Foreign vehicle means every motor vehicle, trailer, or semitrailer
which is brought into this state otherwise than in the ordinary course of business by
or through a manufacturer or dealer and which has not been registered in this state.
(38) Fullmount means a vehicle which is mounted completely on the frame
of the first vehicle or last vehicle in a saddlemount combination.
(39) Garage means any public building or place of business for the storage
or repair of automobiles.
(39.5) Golf car means a self-propelled vehicle not designed primarily for
operation on roadways and that has:
(a) A design speed of less than twenty miles per hour;
(b) At least three wheels in contact with the ground;
(c) An empty weight of not more than one thousand three hundred pounds;
and
(d) A carrying capacity of not more than four persons.
(40) Graduated annual specific ownership tax means an annual tax
imposed in lieu of an ad valorem tax upon the personal property required to be
classified by the general assembly pursuant to the provisions of section 6 of article
X of the state constitution.
(41) Gross dollar volume means the total contracted cost of work
performed or put in place in a given county by the owner or operator of special
mobile machinery.
(41.5) Group special license plate means a special license plate that is not
a distinctive plate and is issued to a group of people because such people have a
common interest or affinity.
(41.7) Repealed.
(42) High occupancy vehicle lane means a lane designated pursuant to the
provisions of section 42-4-1012 (1).
(43) Highway means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel or the entire width of every way declared to be a public
highway by any law of this state.
(43.3) Human operator means a natural person in the vehicle with
immediate access to controls for steering, braking, and acceleration.
(43.5) Immediate family means a person who is related by blood, marriage,
or adoption.
(44) (a) On and after July 1, 2000, implement of husbandry means every
vehicle that is designed, adapted, or used for agricultural purposes. It also includes
equipment used solely for the application of liquid, gaseous, and dry fertilizers.
Transportation of fertilizer, in or on the equipment used for its application, shall be
deemed a part of application if it is incidental to such application. It also includes
hay balers, hay stacking equipment, combines, tillage and harvesting equipment,
agricultural commodity handling equipment, and other heavy movable farm
equipment primarily used on farms or in a livestock production facility and not on
the highways. Trailers specially designed to move such equipment on highways
shall, for the purposes of part 5 of article 4 of this title, be considered as
component parts of such implements of husbandry.
(b) Effective July 1, 2013, for purposes of this section, implements of
husbandry includes personal property valued by the county assessor as
silvicultural.
(44.5) Inoperable vehicle means a vehicle that is not roadworthy, as
defined in section 42-6-102 (15).
(45) Intersection means the area embraced within the prolongation of the
lateral curb lines or, if none, then the lateral boundary lines of the roadways of two
highways which join one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways joining at any other angle
may come in conflict. Where a highway includes two roadways thirty feet or more
apart, every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection. In the event such intersecting
highway also includes two roadways thirty feet or more apart, every crossing of two
roadways of such highways shall be regarded as a separate intersection. The
junction of an alley with a street or highway does not constitute an intersection.
(45.3) [ Editor's note: Subsection (45.3) is effective July 1, 2027. For the
applicability of this subsection (45.3) on or after January 1, 2028, see the editor's
note following this section. ] Kei vehicle means a vehicle that:
(a) Is powered by an internal combustion engine with a displacement of one
thousand cubic centimeters or less or an electrical motor of fifty-six thousand
watts or less;
(b) Is sixty-seven inches or less in width;
(c) Is one hundred forty inches or less in length;
(d) Travels on four or more tires in contact with the ground;
(e) Has a top speed of at least fifty miles per hour;
(f) Has an enclosed passenger cab;
(g) Was imported into the United States; and
(h) (I) Was twenty-five years old or older when imported into the United
States; or
(II) Is twenty-five years old or older and was previously issued a title in the
United States.
(45.5) Kit vehicle means a passenger-type motor vehicle assembled, by
other than a licensed manufacturer, from a manufactured kit that includes a
prefabricated body and chassis and is accompanied by a manufacturer's statement
of origin.
(46) Lane means the portion of a roadway for the movement of a single line
of vehicles.
(47) Laned highway means a highway the roadway of which is divided into
two or more clearly marked lanes for vehicular traffic.
(47.3) Last-known address means:
(a) For notifications regarding motor vehicles, the most recent mailing
address provided on a vehicle registration or vehicle registration mailing address
change notification provided in accordance with section 42-3-113 or the corrected
address as reported by an address correction service licensed by the United States
postal service;
(b) For notifications regarding driving privileges, driver's licenses, or
identification cards when there is a driver's license or identification card on file with
the department, the most recent of either:
(I) The mailing address provided by an applicant for a driver's license or
identification card;
(II) The mailing address stated on an address change notification provided to
the department pursuant to subsection (47.3)(a) of this section; or
(III) The corrected address as reported by an address correction service
licensed by the United States postal service;
(c) For notifications regarding driving privileges or identification cards when
there is no driver's license or identification card on file with the department, the
most recent address shown on any other record on file with the department
pursuant to this article 1 and as may be corrected by an address correction service
licensed by the United States postal service.
(47.5) Lien means a security interest in a motor or off-highway vehicle
under article 9 of title 4, C.R.S., and this article.
(47.7) Lithium-ion battery means a rechargeable battery with an organic
solvent electrolyte and positive and negative electrodes that utilize an intercalation
compound in which lithium is stored.
(48) Local authorities means every county, municipal, and other local
board or body having authority to adopt local police regulations under the
constitution and laws of this state.
(48.5) (a) Low-power scooter means a self-propelled vehicle designed
primarily for use on the roadways with not more than three wheels in contact with
the ground, no manual clutch, and either of the following:
(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by
internal combustion; or
(II) A wattage not exceeding four thousand four hundred seventy-six if
powered by electricity.
(b) Low-power scooter does not include a toy vehicle, bicycle, electrical
assisted bicycle, electric scooter, wheelchair, or any device designed to assist
people with mobility impairments who use pedestrian rights-of-way.
(48.6) Low-speed electric vehicle means a vehicle that:
(a) Is self-propelled utilizing electricity as its primary propulsion method;
(b) Has at least three wheels in contact with the ground;
(c) Does not use handlebars to steer; and
(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a
seventeen-character vehicle identification number as provided in 49 CFR 565.
(48.8) Manufactured home means any preconstructed building unit or
combination of preconstructed building units, without motive power, where such
unit or units are manufactured in a factory or at a location other than the residential
site of the completed home, which is designed and commonly used for occupancy
by persons for residential purposes, in either temporary or permanent locations,
and which unit or units are not licensed as a vehicle.
(49) Manufacturer means any person, firm, association, corporation, or
trust, whether resident or nonresident, who manufactures or assembles new and
unused motor vehicles of a type required to be registered under articles 1 to 4 of
this title.
(50) Manufacturer's suggested retail price means the retail price of such
motor vehicle suggested by the manufacturer plus the retail price suggested by the
manufacturer for each accessory or item of optional equipment physically attached
to such vehicle prior to the sale to the retail purchaser.
(51) Markings means all lines, patterns, words, colors, or other devices,
except signs, set into the surface of, applied upon, or attached to the pavement or
curbing or to objects within or adjacent to the roadway, conforming to the state
traffic control manual and officially placed for the purpose of regulating, warning,
or guiding traffic.
(52) Metal tires means all tires the surface of which in contact with the
highway is wholly or partly of metal or other hard, nonresilient material.
(52.5) Military vehicle means a vehicle of any size or weight that is valued
for historical purposes, that was manufactured for use by any nation's armed
forces, and that is maintained in a condition that represents its military design and
markings.
(53) Minor driver's license means the license issued to a person who is at
least sixteen years of age but who has not yet attained the age of twenty-one
years.
(54) (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, � 1,
effective October 1, 2010.)
(55) (a) Motorcycle means a motor vehicle that:
(I) Uses handlebars connected to the front wheel or wheels to steer;
(II) Has a seat the rider sits astride; and
(III) Is designed to travel on not more than three wheels in contact with the
ground.
(b) Motorcycle does not include a farm tractor, low-speed electric vehicle,
or low-power scooter.
(56) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, � 22,
effective October 1, 2009.)
(57) Motor home means a vehicle designed to provide temporary living
quarters and which is built into, as an integral part of or a permanent attachment to,
a motor vehicle chassis or van.
(58) Motor vehicle:
(a) [ Editor's note: This version of subsection (58)(a) is effective until July 1,
2027. ] Means any self-propelled vehicle that is designed primarily for travel on the
public highways and that is generally and commonly used to transport persons and
property over the public highways, a low-speed electric vehicle, or an autocycle;
except that the term does not include electrical assisted bicycles, electric scooters,
low-power scooters except as provided in subsection (58)(b) of this section,
wheelchairs, or vehicles moved solely by human power;
(a) [ Editor's note: This version of subsection (58)(a) is effective July 1, 2027.
For the applicability of this subsection (58)(a) on or after January 1, 2028, see the
editor's note following this section. ] Means a self-propelled vehicle that is
designed primarily for travel on the public highways and that is generally and
commonly used to transport persons and property over the public highways, a low-speed electric vehicle, a kei vehicle, or an autocycle; except that the term does not
include electrical assisted bicycles, electric scooters, low-power scooters except
as provided in subsection (58)(b) of this section, wheelchairs, or vehicles moved
solely by human power;
(b) Includes a low-power scooter for the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1; and
(c) Does not include a farm tractor or an off-highway vehicle, except for the
purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1,
and 42-4-1401, when operated on streets and highways.
(59) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, � 22,
effective October 1, 2009.)
(60) Mounted equipment means any item weighing more than five hundred
pounds that is permanently mounted on a vehicle, including mounting by means
such as welding or bolting the equipment to a vehicle.
(60.1) Multifunction school activity bus means a motor vehicle that is
designed and used specifically for the transportation of school children to or from a
school-related activity, whether the activity occurs within or outside the territorial
limits of a school district and whether or not the activity occurs during school hours.
A multifunction school activity bus must comply with all federal motor vehicle
safety standards and regulations applicable to school buses, except any standard
or regulation requiring the installation of official traffic control devices.
(60.2) Multiple mode electrical assisted bicycle means an electrical
assisted bicycle equipped with switchable or programmable modes that provide for
operation as two or more of a class 1, class 2, or class 3 electrical assisted bicycle
in conformance with the definition under this section for each respective class.
(60.3) Multipurpose trailer means a wheeled vehicle, without motive power,
that is designed to be drawn by a motor vehicle over the public highways. A
multipurpose trailer is generally and commonly used for temporary living or
sleeping accommodation and transporting property wholly upon its own structure
and is registered as a vehicle.
(60.5) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, � 4,
effective August 5, 2009.)
(61) Noncommercial or recreational vehicle means a truck, or unladen truck
tractor, operated singly or in combination with a trailer or utility trailer or a motor
home, which truck, or unladen truck tractor, or motor home is used exclusively for
personal pleasure, enjoyment, other recreational purposes, or personal or family
transportation of the owner, lessee, or occupant and is not used to transport cargo
or passengers for profit, hire, or otherwise to further the purposes of a business or
commercial enterprise.
(62) Nonresident means every person who is not a resident of this state.
(63) Off-highway vehicle shall have the same meaning as set forth in
section 33-14.5-101 (3), C.R.S.
(64) Official traffic control devices means all signs, signals, markings, and
devices, not inconsistent with this title, placed or displayed by authority of a public
body or official having jurisdiction, for the purpose of regulating, warning, or
guiding traffic.
(65) Official traffic control signal means any device, whether manually,
electrically, or mechanically operated, by which traffic is alternately directed to
stop and to proceed.
(66) Owner means a person who holds the legal title of a vehicle; or, if a
vehicle is the subject of an agreement for the conditional sale or lease thereof with
the right of purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee or
lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional
vendee or lessee or mortgagor shall be deemed the owner for the purpose of
articles 1 to 4 of this title. The term also includes parties otherwise having lawful
use or control or the right to use or control a vehicle for a period of thirty days or
more.
(67) Park or parking means the standing of a vehicle, whether occupied
or not, other than very briefly for the purpose of and while actually engaged in
loading or unloading property or passengers.
(68) Pedestrian means any person afoot or any person using a wheelchair.
(68.5) (a) Persistent drunk driver means any person who:
(I) Has been convicted of or had his or her driver's license revoked for two or
more alcohol-related driving violations;
(II) Continues to drive after a driver's license or driving privilege restraint has
been imposed for one or more alcohol-related driving offenses;
(III) Drives a motor vehicle while the amount of alcohol in such person's
blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams
of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per
two hundred ten liters of breath at the time of driving or within two hours after
driving; or
(IV) Refuses to take or complete, or to cooperate in the completing of, a test
of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).
(b) Nothing in this subsection (68.5) shall be interpreted to affect the
penalties imposed under this title for multiple alcohol- or drug-related driving
offenses, including, but not limited to, penalties imposed for violations under
sections 42-2-125 (1)(g) and (1)(i) and 42-2-202 (2).
(69) Person means a natural person, estate, trust, firm, copartnership,
association, corporation, or business entity.
(69.5) Plug-in electric motor vehicle means:
(a) A motor vehicle that has received an acknowledgment of certification
from the federal internal revenue service that the vehicle qualifies for the plug-in
electric drive vehicle credit set forth in 26 U.S.C. sec. 30D, as amended, or any
successor statute; or
(b) Any motor vehicle that can be recharged from an external source of
electricity and that uses electricity stored in a rechargeable battery pack to propel
or contribute to the propulsion of the vehicle's drive wheels.
(70) Pneumatic tires means all tires inflated with compressed air.
(71) Pole, pipe trailer, or dolly means every vehicle of the trailer type
having one or more axles not more than forty-eight inches apart and two or more
wheels used in connection with a motor vehicle solely for the purpose of
transporting poles or pipes and connected with the towing vehicle both by chain,
rope, or cable and by the load without any part of the weight of said dolly resting
upon the towing vehicle. All the registration provisions of articles 1 to 4 of this title
shall apply to every pole, pipe trailer, or dolly.
(72) Police officer means every officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
(72.2) Power takeoff equipment means equipment that is attached to a
motor vehicle and is powered by the motor that powers the locomotion of the motor
vehicle.
(72.5) Primary user means an organization that collects bulk data for the
purpose of in-house business use.
(72.7) Principal office means the office in this state designated by a fleet
owner as its principal place of business.
(73) Private road or driveway means every road or driveway not open to
the use of the public for purposes of vehicular travel.
(74) Repealed.
(75) Railroad sign or signal means any sign, signal, or device erected by
authority of a public body or official or by a railroad and intended to give notice of
the presence of railroad tracks or the approach of a railroad train.
(76) Reciprocal agreement or reciprocity means an agreement among
two or more states, provinces, or other jurisdictions for coordinated, shared, or
mutual enforcement or administration of laws relating to the registration,
operation, or taxation of vehicles and other personal property in interstate
commerce. The term includes without limitation the international registration plan
and any successor agreement providing for the apportionment, among participating
jurisdictions, of vehicle registration fees or taxes.
(77) Reconstructed vehicle means any vehicle which has been assembled
or constructed largely by means of essential parts, new or used, derived from other
vehicles or makes of vehicles of various names, models, and types or which, if
originally otherwise constructed, has been materially altered by the removal of
essential parts or by the addition or substitution of essential parts, new or used,
derived from other vehicles or makes of vehicles.
(78) Registration period or registration year means any consecutive
twelve-month period.
(79) Registration period certificate means the document issued by the
department to a fleet owner, upon application of a fleet owner, which states the
month in which registration is required for all motor vehicles owned by the fleet
owner.
(80) Residence district means the territory contiguous to and including a
highway not comprising a business district when the frontage on such highway for a
distance of three hundred feet or more is mainly occupied by dwellings or by
dwellings and buildings in use for business.
(81) Resident means any person who owns or operates any business in this
state or any person who has resided within this state continuously for a period of
ninety days or has obtained gainful employment within this state, whichever shall
occur first.
(82) Right-of-way means the right of one vehicle operator or pedestrian to
proceed in a lawful manner in preference to another vehicle operator or pedestrian
approaching under such circumstances of direction, speed, and proximity as to give
rise to danger of collision unless one grants precedence to the other.
(83) Road means any highway.
(84) Road tractor means every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any load thereon
independently or any part of the weight of a vehicle or load so drawn.
(85) Roadway means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder
even though such sidewalk, berm, or shoulder is used by persons riding bicycles or
other human-powered vehicles and exclusive of that portion of a highway
designated for exclusive use as a bicycle path or reserved for the exclusive use of
bicycles, human-powered vehicles, or pedestrians. In the event that a highway
includes two or more separate roadways, roadway refers to any such roadway
separately but not to all such roadways collectively.
(85.5) Roughed-in road means an area of ground that has been cut with the
intention to make a highway but which has not been improved enough to make the
area qualify as a highway.
(86) Saddlemount combination means a combination of vehicles in which a
truck or laden or unladen truck tractor tows one or more additional trucks or laden
or unladen truck tractors and in which each such towed truck or laden or unladen
truck tractor is connected by a saddle to the frame or fifth wheel of the vehicle
immediately in front of such truck or laden or unladen truck tractor. For the
purposes of this subsection (86), saddle means a mechanism which connects the
front axle of a towed vehicle to the frame or fifth wheel of a vehicle immediately in
front of such towed vehicle and which functions like a fifth wheel kingpin
connection. A saddlemount combination may include one fullmount.
(87) Safety zone means the area or space officially set aside within a
highway for the exclusive use of pedestrians and which is so plainly marked or
indicated by proper signs as to be plainly visible at all times while set apart as a
safety zone.
(88) School bus means a motor vehicle that is designed and used
specifically for the transportation of school children to or from a public or private
school or a school-related activity, whether the activity occurs within or outside the
territorial limits of a school district and whether or not the activity occurs during
school hours. A school bus must comply with all federal motor vehicle safety
standards and regulations applicable to school buses.
(88.5) (a) School vehicle means a motor vehicle, including, but not limited
to, a school bus or multifunction school activity bus, that is owned by or under
contract to a public or private school and operated for the transportation of school
children to or from school or a school-related activity.
(b) School vehicle does not include:
(I) Informal or intermittent arrangements, such as sharing of actual gasoline
expense or participation in a car pool, for the transportation of school children to or
from a public or private school or a school-related activity; or
(II) A motor vehicle that is owned by or under contract to a child care center,
as defined in section 26-6-903 or 26.5-5-303, and that is used for the
transportation of children who are served by the child care center.
(88.7) Second-use lithium-ion battery means a lithium-ion battery that has
been assembled, refurbished, repaired, repurposed, or reconditioned using cells
removed from used batteries.
(89) Semitrailer means any wheeled vehicle, without motor power,
designed to be used in conjunction with a laden or unladen truck tractor so that
some part of its own weight and that of its cargo load rests upon or is carried by
such laden or unladen truck tractor and that is generally and commonly used to
carry and transport property over the public highways.
(90) Sidewalk means that portion of a street between the curb lines or the
lateral lines of a roadway and the adjacent property lines intended for the use of
pedestrians.
(90.5) (a) Signature means either a written signature or an electronic
signature.
(b) Electronic signature has the same meaning as set forth in section 24-71-101.
(91) Snowplow means any vehicle originally designed for highway snow
and ice removal or control or subsequently adapted for such purposes which is
operated by or for the state of Colorado or any political subdivision thereof.
(92) Solid rubber tires means every tire made of rubber other than a
pneumatic tire.
(93) Specially constructed vehicle means any vehicle which has not been
originally constructed under a distinctive name, make, model, or type by a generally
recognized manufacturer of vehicles.
(93.5) (a) Special mobile machinery means machinery that is pulled,
hauled, or driven over a highway and is either:
(I) A vehicle or equipment that is not designed primarily for the
transportation of persons or cargo over the public highways; or
(II) A motor vehicle that may have been originally designed for the
transportation of persons or cargo over the public highways, and has been
redesigned or modified by the addition of mounted equipment or machinery, and is
only incidentally operated or moved over the public highways.
(b) Special mobile machinery includes vehicles commonly used in the
construction, maintenance, and repair of roadways, the drilling of wells, and the
digging of ditches.
(94) Stand or standing means the halting of a vehicle, whether occupied
or not, other than momentarily for the purpose of and while actually engaged in
receiving or discharging passengers.
(95) State means a state, territory, organized or unorganized, or district of
the United States.
(96) State motor vehicle licensing agency means the department of
revenue.
(97) State traffic control manual means the most recent edition of the
Manual on Uniform Traffic Control Devices for Streets and Highways, including
any supplement thereto, as adopted by the transportation commission.
(98) Steam and electric trains includes:
(a) Railroad, which means a carrier of persons or property upon cars, other
than street cars, operated upon stationary rails;
(b) Railroad train, which means a steam engine, electric, or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars;
(c) Streetcar, which means a car other than a railroad train for transporting
persons or property upon rails principally within a municipality.
(99) Stinger-steered means a semitrailer combination configuration
wherein the fifth wheel is located on a drop frame located behind and below the
rearmost axle of the power unit.
(100) Stop or stopping means, when prohibited, any halting, even
momentarily, of a vehicle, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or
official traffic control device.
(101) Stop line or limit line means a line which indicates where drivers
shall stop when directed by an official traffic control device or a police officer.
(101.5) Street rod vehicle means a vehicle manufactured in 1948 or earlier
with a body design that has been modified for safe road use.
(102) Supervisor means the executive director of the department of
revenue or head of a group, division, or subordinate department appointed by the
executive director in accordance with article 35 of title 24, C.R.S.
(102.5) Surge brakes means a system whereby the brakes of a trailer are
actuated as a result of the forward pressure of the trailer against the tow vehicle
during deceleration.
(102.7) Temporary special event license plate means a special license plate
valid for a limited time period that is issued to a person or group of people in
connection with a special event. Temporary special event license plate does not
mean a special plate for the purposes of section 42-3-207.
(102.8) Third-party provider means an electronic vehicle or special mobile
machinery registration, lien, or titling service provider that is approved by the
department to perform the registration, lien, and titling functions set forth in
articles 1 to 6 of this title 42.
(103) Through highway means every highway or portion thereof on which
vehicular traffic is given preferential right-of-way and at the entrances to which
other vehicular traffic from intersecting highways is required by law to yield the
right-of-way to vehicles on such through highway in obedience to a stop sign, yield
sign, or other official traffic control device when such signs or devices are erected
as provided by law.
(103.5) (a) Toy vehicle means any vehicle that has wheels and is not
designed for use on public highways or for off-road use.
(b) Toy vehicle includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, pocket bikes, kamikaze boards,
go-peds, and stand-up scooters.
(c) Toy vehicle does not include electric scooters, off-highway vehicles, or
snowmobiles.
(104) Traffic means pedestrians, ridden or herded animals, and vehicles,
streetcars, and other conveyances either singly or together while using any
highway for the purposes of travel.
(105) Trailer means any wheeled vehicle, without motive power, which is
designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its
own structure and that is generally and commonly used to carry and transport
property over the public highways. The term includes, but is not limited to,
multipurpose trailers as defined in subsection (60.3) of this section.
(106) Trailer coach means a wheeled vehicle having an overall length,
excluding towing gear and bumpers, of not less than twenty-six feet, without
motive power, that is designed and generally and commonly used for occupancy by
persons for residential purposes, in temporary locations, and that may occasionally
be drawn over the public highways by a motor vehicle and is licensed as a vehicle.
(107) Transporter means every person engaged in the business of
delivering vehicles of a type required to be registered under articles 1 to 4 of this
title from a manufacturing, assembling, or distributing plant to dealers or sales
agents of a manufacturer.
(108) Truck means any motor vehicle equipped with a body designed to
carry property and which is generally and commonly used to carry and transport
property over the public highways.
(109) Truck tractor - laden or laden truck tractor means any motor
vehicle carrying cargo that is generally and commonly designed and used to draw,
and is drawing, a semitrailer or trailer and its cargo load over the public highways.
(109.5) Truck tractor - unladen or unladen truck tractor means any motor
vehicle not carrying cargo that is generally used to draw a semitrailer or trailer and
its cargo load over the public highways.
(109.7) UDD means underage drinking and driving, and use of the term
shall incorporate by reference the offense described in section 42-4-1301 (2)(d).
(110) Used vehicle means every motor vehicle which has been sold,
bargained for, exchanged, or given away, or has had the title transferred from the
person who first acquired it from the manufacturer or importer, and has been so
used as to have become what is commonly known as secondhand within the
ordinary meaning thereof.
(111) Utility trailer means any wheeled vehicle weighing two thousand
pounds or less, without motive power, which is designed to be drawn by a motor
vehicle and which is generally and commonly used to carry and transport personal
effects, articles of household furniture, loads of trash and rubbish, or not to exceed
two horses over the public highways.
(112) Vehicle means a device that is capable of moving itself, or of being
moved, from place to place upon wheels or endless tracks. Vehicle includes a
bicycle, electrical assisted bicycle, electric scooter, or EPAMD, but does not include
a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of
husbandry designed primarily or exclusively for use and used in agricultural
operations or any device moved exclusively over stationary rails or tracks or
designed to move primarily through the air.
(112.5) Vendor means an organization that collects bulk data for the
purpose of reselling the data.
(113) Wheelchair means a motorized or nonmotorized wheeled device
designed for use by a person with a physical disability.
Legislative History
Nearby Sections
15
Cite This Page — Counsel Stack
Colorado § 42-1-102, Counsel Stack Legal Research, https://law.counselstack.com/statute/co/42/42-1-102.