§ 42-13-106 — Impounded vehicles - notice - hearing

Colorado § 42-13-106

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Disposition of Personal Property

Text

(1) Whenever a motor
vehicle is impounded and ordered held by the Colorado state patrol for a violation
of motor vehicle registration or inspection laws, said patrol shall notify the
registered owner of record of the impoundment of such vehicle and of the owner's
opportunity to request a hearing to determine the validity of the impoundment.

(2) Such notice shall be sent by certified mail to the owner of the motor
vehicle within forty-eight hours of impoundment, excluding weekends and holidays,
and shall include the following information:

(a) The address and telephone number of the Colorado state patrol;

(b) The location of storage of the motor vehicle;

(c) A description of the motor vehicle, which shall include, if available, the
make, model, license plate number, mileage, and vehicle identification number;

(d) The reason for which the motor vehicle was ordered held;

(e) A citation to this section as the basis for the hearing provided for in
subsection (1) of this section;

(f) That, if the owner fails to request a hearing or if the impoundment is
determined to be valid and the owner does not comply with the appropriate statute
within thirty days, the motor vehicle may be subject to sale; and

(g) That, in order to obtain a hearing concerning the validity of the
impoundment, the owner must request such hearing in writing in the county court of
the county in which the motor vehicle was impounded within ten days after the date
appearing on the notice.

(3) Any notice sent to the owner of a motor vehicle pursuant to this section
shall also include a form that the owner shall use when requesting a hearing in the
county court of the county in which the motor vehicle is impounded. Such form shall
include at least the following:

(a) The name and address of the owner of the impounded motor vehicle;

(b) A description of the motor vehicle as specified in paragraph (c) of
subsection (2) of this section;

(c) The reason for which the motor vehicle was ordered held;

(d) A printed citation to this section as the basis for the requested hearing;

(e) A printed statement naming the Colorado state patrol as a party to the
action;

(f) A printed statement that the hearing is requested to contest the legality
of the impoundment; and

(g) A statement to the owner of the motor vehicle that a copy of the citation
on which the impoundment was based and a copy of the notice served on the owner
by the Colorado state patrol must be attached to the form to complete the owner's
request for a hearing.

(4) Any such hearing shall be conducted within five days after the court's
receipt of the owner's request for a hearing, excluding weekends and holidays. The
clerk of the county court to which the request for hearing was made shall provide
written notice of the scheduled date, time, and location of said hearing to both the
requesting party and the Colorado state patrol, which notice shall be delivered at
least two days prior to the hearing date. The failure of the owner to request or to
attend a scheduled hearing shall satisfy the hearing requirement of this section.

(5) The sole issue of the hearing shall be the legality of the impoundment of
the motor vehicle. The burden of proof shall be on the Colorado state patrol to
establish probable cause for the impoundment.

(6) If the court determines that the impoundment was invalid, the Colorado
state patrol shall be responsible only for the costs incurred in the towing and
storage of the motor vehicle. If the court determines that the impoundment was
valid and if the owner does not comply with the appropriate statute within ten days
after the court's decision and refuses to remove the motor vehicle by means other
than under its own power on a public highway, the Colorado state patrol shall have
reasonable grounds to believe that the motor vehicle has been abandoned, and the
provisions of part 18 or 21 of article 4 of this title shall apply; except that any notice
or hearing requirements of said part 18 or 21 of article 4 of this title as to owners of
motor vehicles shall be deemed to have been met by the notice and hearing
provisions of this section. Nevertheless, the notice and hearing requirements of said
part 18 or 21 of article 4 of this title as to lienholders, other than section 42-4-1814,
shall not be deemed to have been met by the notice and hearing provisions of this
section.

(7) The provisions of this section shall not apply to removal of motor vehicles
for any purpose other than those specified in this section.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2514, � 1, effective January 1, 1995. L. 2002: (6) amended, p. 485, � 6, effective July 1.