§ 42-4-2105 — Liens upon towed motor vehicles

Colorado § 42-4-2105

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Regulation of Vehicles and Traffic

Text

(1) (a) In accordance with the
attachment schedule in subsection (1)(b) of this section, an operator who is
registered with the department in accordance with subsection (2) of this section
recovers, removes, or stores a motor vehicle upon instructions from the owner of
record or any other legally authorized person in control of the motor vehicle, or
from the owner or lessee of real property upon which a motor vehicle is illegally
parked or abandoned or the owner's or lessee's agent authorized in writing, the
operator has a possessory lien, subject to the provisions of section 42-4-2103 (3),
upon the motor vehicle for all the costs and fees for recovering, towing, and storage
as authorized in section 42-4-2108. The lien is a first and prior lien on the motor
vehicle, and is satisfied before all other charges against the motor vehicle.

(b) The lien granted in subsection (1)(a) of this section attaches to the motor
vehicle in accordance with the following schedule:

(I) If the operator recovered, removed, or stored the motor vehicle upon
instructions from the owner of record or any other legally authorized person in
control of the motor vehicle, the lien attaches to the motor vehicle when the
operator takes possession of the motor vehicle; or

(II) If the operator recovered, removed, or stored the motor vehicle upon
instructions of the owner or lessee of real property upon which a motor vehicle was
illegally parked or abandoned or upon the owner's or lessee's agent authorized in
writing, the lien attaches to the motor vehicle thirty days after the postmarked date
the notice was mailed in accordance with section 42-4-2103 (4) or the date the
operator received notice that no record exists for the motor vehicle.

(2) (a) No operator shall have a possessory lien upon a motor vehicle
described in subsection (1) of this section unless said operator is registered with the
department. Such registration shall include the following information:

(I) The location of the operator's tow business;

(II) The hours of operation of the operator's tow business;

(III) The location of the impound lot where vehicles may be claimed by the
owner of record; and

(IV) Any information relating to a violation of any provision contained in this
part 21 or of any other state law or rule relating to the operation, theft, or transfer
of motor vehicles.

(b) The executive director of the department may cancel the registration of
any operator if an administrative law judge finds, after affording the operator due
notice and an opportunity to be heard, that the operator has violated any of the
provisions set forth in this part 21.

(3) If the operator obtains personal property from an abandoned vehicle that
has been towed pursuant to this part 21 and if the serial or identification number of
such property has been visibly altered or removed, the operator shall destroy or
discard such property within five days after disposing of the vehicle pursuant to
sections 42-4-2104 and 42-4-2107.

Legislative History

Source: L. 2002: Entire part added with relocated provisions, p. 481, � 2, effective July 1. L. 2022: (1) and (3) amended, (HB 22-1314), ch. 416, p. 2933, � 3, effective August 10.