This bill was signed by the Governor on June 5, 2013.  SB 13-280 concerns the issuance of titles for off-highway vehicles and is explained below in part.  Off-highway vehicles have been defined in this legislation as a 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 highway; and
• Generally and commonly used to transport persons for recreational purposes

Off-highway vehicles include vehicles known as all-terrain vehicles and snowmobiles, but does not include:

• Toy vehicles
• Vehicles designed and used primarily for travel on, over, or in the water
• Military vehicles
• Golf carts or golf cars
• Vehicles designed and used to carry persons with disabilities
• Vehicles designed and used specifically for agricultural, logging, or mining purposes
• Motor vehicles

This legislation does not apply to off-highway vehicles that were first sold or transferred before July 1, 2014, until the off-highway vehicle is sold or transferred to a powersports vehicle dealer after July 1, 2014.

The Department of Revenue will be providing job aids that detail procedures for dealers, consumers and county clerks when titling off-highway vehicles.  As soon as these are published, we will be providing that information!

DOR has provided the following information:

• Titling will not be required if an off-highway vehicle is used exclusively for agriculture purposes on private land
• It is estimated an additional 40,000 new off-highway permits will be issued by Colorado State Parks & Wildlife this year
• It is estimated an additional 3,320 snowmobiles will be registered annually
• Total off-highway vehicle registrations in Colorado for 2014 is expected to be 378,762
• DOR expects 80% of these off-highway vehicles will be titled 

The title must contain the make and model of the off-highway vehicle together with the motor and any other serial number of the vehicle, and a description of any other marks or symbols placed on the vehicle by the manufacturer for identification purposes.  The title shall include a description of every lien on the off-highway vehicle that appears in the application for title.

No person shall sell or transfer an off-highway vehicle without delivering a certificate of title duly transferred.  Upon the sale or transfer, a dealer of an off-highway vehicle for which a title has been issued, the dealer need not procure or file for a new title as long as the vehicle remains in the dealer's possession and at the dealer's place of business.  However, if a dealer wishes to obtain a new title, he may present the old title and a new title shall be issued to the dealer within one working day.

A dealer of off-highway vehicles shall, within 30 days after the sale, deliver or facilitate delivery of the title to the purchaser or holder of a chattel mortgage.  Upon the sale of a new off-highway vehicle, the dealer shall deliver to the purchaser a sufficient bill of sale and the Manufacturer Certificate of Origin.

For purpose of application of title and registration, the purchase shall register the off-highway vehicle at the person's residence except that, if an off-highway vehicle is permanently maintained at an address other than the address of the owner's residence, the vehicle must be registered at the address where the vehicle is permanently maintained.

Off-highway vehicle sales.  Unless the owner has obtained a title for an off-highway vehicle, a person shall not sell the off-highway vehicle and an off-highway vehicle dealer shall not purchase the off-highway vehicle.  A sale or purchase made in violation of this section is void.

After July 1, 2014, individuals can obtain a title by providing proof of a current Off-Highway Vehicle registration from Colorado Parks & Wildlife to their County Clerk's Office.  Dealers can obtain titles to units in their inventory by presenting a DR 2444 - Statement of Fact, for each unit to the County Clerk's Office.  Department of Revenue will be providing the wording for the Statement of Facts in the Job Aids, which are not yet available.

Colorado State Statute states:  It is unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway, any vehicle which is in such unsafe condition as to endanger any person, and is not at all times equipped with such lamps and other equipment in proper condition and adjustment. 

• Lights, lamps and reflectors
• Signal lights
• Head lights
• Brakes
• Tires
• Suspension system
• Horn
• Muffler
• Windows
• Mirrors
• Safety items - air bags, seat belts  (if these were original equipment for that vehicle)

A motor vehicle dealer's license may be revoked or suspended for selling to a retail customer a motor vehicle which is not equipped or in proper condition and adjustment as required by the statutes mentioned above.

Mastery Exam Seminar:

• In-person seminars.  The Mastery Exam is administered after the class at no extra charge.  Register at www.capsscolorado.com
• We are currently rebuilding our On-Demand Mastery Exam Seminar with another vendor to alleviate problems with different browsers.  We hope to have this new webinar class available sometime in May.  Check our website for further information.  www.capsscolorado.com  

NOTE:  If you are a dealer or wholesaler applicant, you may need the Pre-Licensing Certification course which is an 8-hour course.  Click here for more info:  Pre-Licensing Seminar