As used in this part 4, unless the context otherwise
requires:
(1) ANSI/SVIA-1-2001 means the American national standards institute's, or
its successor organization's, provisions for four-wheel all-terrain vehicles,
equipment configuration, and performance requirements, developed by the
specialty vehicle institute of America, or its successor organization.
(2) Board means the motor vehicle dealer board.
(3) Consumer means a purchaser, renter, or lessee of a powersports
vehicle that is primarily used for business, personal, family, or household purposes.
Consumer does not include a purchaser of powersports vehicles primarily for
resale.
(4) Custom trailer means a vehicle that is not driven or propelled by its own
power and is designed to be attached to, become a part of, or be drawn by a motor
vehicle and that is uniquely designed and manufactured for a specific purpose or
customer. Custom trailer does not include manufactured housing, farm tractors,
and other machines and tools used in the production, harvest, and care of farm
products.
(5) Director means the director of the auto industry division created in
section 44-20-105.
(6) Franchise means the authority to sell or service and repair powersports
vehicles of a designated line-make granted through a sales, service, and parts
agreement with a manufacturer, distributor, or manufacturer representative.
(6.5) [ Editor's note: Subsection (6.5) is effective July 1, 2027. For the
applicability of this subsection (6.5) on or after January 1, 2028, see the editor's
note following this section. ] Kei off-road 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 an enclosed passenger cab;
(f) Was imported into the United States; and
(g) Does not meet the requirements of section 42-1-102 (45.3)(h).
(7) Line-make means a group or series of powersports vehicles that have
the same brand identification or brand name, based upon the powersports vehicle
manufacturer's trademark, trade name, or logo.
(8) New powersports vehicle mean a powersports vehicle that has been
transferred on a manufacturer's statement of origin and for which an ownership
registration card has been submitted by the original owner to the powersports
vehicle manufacturer.
(9) Off-highway vehicle means any self-propelled vehicle that is designed
to travel on wheels or tracks in contact with the ground, designed primarily for use
off of the public highways, and generally and commonly used to transport persons
for recreational purposes. Off-highway vehicle does not include the following:
(a) Military vehicles;
(b) Golf carts;
(c) Vehicles designed and used to carry persons with disabilities; and
(d) Vehicles designed and used specifically for agricultural, logging, or
mining purposes.
(10) Personal watercraft means a motorboat that is designed to be
operated by a person sitting, standing, or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside the vessel, and that is designed
primarily for use off of the public highways, and that uses either of the following as
the primary source of motive power:
(a) An inboard motor powering a water jet pump; or
(b) An outboard motor-driven propeller.
(11) Powersports vehicle means any of the following:
(a) An off-highway vehicle;
(b) [ Editor's note: This version of subsection (11)(b) is effective until July 1,
2027. ] A personal watercraft; or
(b) [ Editor's note: This version of subsection (11)(b) is effective July 1, 2027.
For the applicability of this subsection (11)(b) on or after January 1, 2028, see the
editor's note following this section. ] A personal watercraft;
(c) [ Editor's note: This version of subsection (11)(c) is effective until July 1,
2027. ] A snowmobile.
(c) [ Editor's note: This version of subsection (11)(c) is effective July 1, 2027.
For the applicability of this subsection (11)(c) on or after January 1, 2028, see the
editor's note following this section. ] A snowmobile; or
(d) [ Editor's note: Subsection (11)(d) is effective July 1, 2027. For the
applicability of this subsection (11)(d) on or after January 1, 2028, see the editor's
note following this section. ] A kei off-road vehicle.
(12) Powersports vehicle dealer means a person who, for commission or
with intent to make a profit or gain of money or other thing of value, sells, leases,
exchanges, rents with option to purchase, offers, or attempts to negotiate a sale,
lease, or exchange of an interest in new or new and used powersports vehicles or
who is engaged wholly or in part in the business of selling or leasing new or new
and used powersports vehicles, whether or not the powersports vehicles are owned
by the person. The sale or lease of ten or more new or new and used powersports
vehicles or the offering for sale or lease of more than ten new or new and used
powersports vehicles at the same address or telephone number in any one calendar
year shall be prima facie evidence that a person is engaged in the business of
selling or leasing new or new and used powersports vehicles. Powersports vehicle
dealer includes an owner of real property who allows more than ten new or new
and used powersports vehicles to be offered for sale or lease on the property
during one calendar year unless the property is leased to a licensed powersports
vehicle dealer. Powersports vehicle dealer does not include:
(a) Receivers, trustees, administrators, executors, guardians, or other
persons appointed by or acting under the judgment or order of any court;
(b) Public officers while performing their official duties;
(c) Employees of persons enumerated in the definition of powersports
vehicle dealer when engaged in the specific performance of their duties as
employees;
(d) A wholesaler or anyone selling powersports vehicles solely to
wholesalers; or
(e) A wholesale motor vehicle auctioneer.
(13) Powersports vehicle distributor means a person, resident or
nonresident, who, in whole or in part, sells or distributes new powersports vehicles
to powersports vehicle dealers or who maintains powersports vehicle distributor
representatives.
(14) Powersports vehicle manufacturer means any person, firm,
association, corporation, or trust, resident or nonresident, who manufactures or
assembles new powersports vehicles.
(15) Powersports vehicle manufacturer representative means a
representative employed by a person who manufactures or assembles powersports
vehicles for the purpose of making or promoting the sale of the person's
powersports vehicles or for supervising or contacting its dealers or prospective
dealers.
(16) Powersports vehicle salesperson means a natural person who, for a
salary, commission, or compensation of any kind, is employed either directly or
indirectly, regularly or occasionally, by a powersports vehicle dealer to sell, lease,
purchase, or exchange or to negotiate for the sale, lease, purchase, or exchange of
powersports vehicles.
(17) Principal place of business means a site or location for which the
powersports vehicle dealer is licensed, sufficiently designated to admit of definite
description, with space thereon or contiguous thereto adequate to permit the
display of one or more new or used powersports vehicles, and including a
permanent enclosed building or structure to accommodate the office of the dealer
and to provide a safe place to keep the books and other records of the business of
the dealer, at which site or location the principal portion of the dealer's business
shall be conducted and the books and records thereof kept and maintained; except
that a dealer may keep its books and records at an off-site location in Colorado
after notifying the board in writing of the location at least thirty days in advance.
Motor vehicle and used motor vehicle dealers shall be authorized to offer both
motor vehicles and powersports vehicles from the same principal place of business.
In the case of motor vehicle dealers, the principal place of business shall be at the
address set forth in the dealer's sales agreement.
(18) Snowmobile means a self-propelled vehicle primarily designed or
altered for travel on snow or ice when supported in part by skis, belts, or cleats and
designed primarily for use off of the public highways. Snowmobile shall not
include machinery used strictly for the grooming of snowmobile trails or ski slopes.
(19) Used powersports vehicle means a powersports vehicle that is not a
new powersports vehicle.
(20) Used powersports vehicle dealer means any person who, for
commission or with intent to make a profit or gain of money or other thing of value,
sells, exchanges, leases, or offers an interest in used powersports vehicles, or
attempts to negotiate a sale or lease of new and used powersports vehicles or who
is engaged wholly or in part in the business of selling used powersports vehicles,
whether or not the used powersports vehicles are owned by the person. The sale of
ten or more used powersports vehicles or the offering for sale of more than ten
used powersports vehicles at the same address or telephone number in any one
calendar year shall be prima facie evidence that a person is engaged in the
business of selling used powersports vehicles. Used powersports vehicle dealer
includes an owner of real property who allows more than ten used powersports
vehicles to be offered for sale on the property during one calendar year unless the
property is leased to a licensed used powersports vehicle dealer. Used
powersports vehicle dealer does not include:
(a) Receivers, trustees, administrators, executors, guardians, or other
persons appointed by or acting under the judgment or order of any court;
(b) Public officers while performing their official duties;
(c) Employees of used powersports vehicle dealers when engaged in the
specific performance of their duties;
(d) Anyone selling powersports vehicles solely to wholesalers;
(e) Mortgagees or secured parties as to powersports vehicles constituting
collateral on a mortgage or security agreement, if the mortgagees or secured
parties shall not realize for their own account from the sales any money in excess of
the outstanding balance secured by the mortgage or security agreement, plus
costs of collection; or
(f) A motor vehicle auctioneer.
(21) Wholesaler means a person who, for commission or with intent to make
a profit or gain of money or other thing of value, sells, exchanges, or offers or
attempts to negotiate a sale, lease, or exchange of an interest in a new or new and
used powersports vehicle solely to powersports vehicle dealers or used
powersports vehicle dealers.