C.R.S. Section 40-10.1-406
Failure to comply

(1)

No fees.

(a)

If a towing carrier fails to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, the towing carrier:

(I)

Shall not charge or retain any fees or charges for the services performed with respect to the vehicle; and

(II)

Shall return to the authorized or interested person any fees it collected with respect to the vehicle.

(b)

It is an affirmative defense in any action to collect towing fees that:

(I)

The vehicle was towed nonconsensually; and

(II)

The towing carrier failed to comply with section 40-10.1-405.

(2)

Attorney fees.
An authorized or interested person seeking reimbursement for damages may recover from the towing carrier reasonable attorney fees if:

(a)

The vehicle was towed nonconsensually;

(b)

A court holds that:

(I)

The towing carrier failed to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, and this failure caused damages, including economic damages, to the vehicle owner or lienholder; or

(II)

The towing carrier damaged a vehicle while connecting it to a towing vehicle, while possessing the vehicle, or while returning the vehicle to an authorized or interested person; and

(c)

The authorized or interested person demanded reimbursement for the suffered damages and the towing carrier refused to reimburse the authorized or interested person for the damages.

(3)

Damages recovered for party in interest.
In a court action arising from a nonconsensual tow, any authorized or interested person may recover the damages suffered by another authorized or interested person from a towing carrier if the person who recovers the damages reimburses the other authorized or interested person for the damages suffered by the authorized or interested person. A court may issue an order implementing this subsection (3).

Source: Section 40-10.1-406 — Failure to comply, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑10.1‑101
Definitions 40‑10.1‑102
Powers of commission 40‑10.1‑103
Subject to control by commission 40‑10.1‑104
Compliance 40‑10.1‑105
Transportation not subject to regulation 40‑10.1‑106
Commission to make rules and prescribe rates 40‑10.1‑107
Financial responsibility - filing 40‑10.1‑108
Commission to make safety rules 40‑10.1‑109
Motor carrier compliance with safety rules 40‑10.1‑110
Record check - rules 40‑10.1‑111
Filing, issuance, and annual fees - fee setting by the commission 40‑10.1‑112
Commission may take action against certificate or permit 40‑10.1‑113
Penalty for violations 40‑10.1‑114
Penalty for violation of article 40‑10.1‑115
Jurisdiction of courts 40‑10.1‑116
Commission to notify local authorities - procedure 40‑10.1‑117
Limited regulation of transportation network companies 40‑10.1‑118
Certificated taxi carrier parity report - recommendations - legislative declaration - repeal 40‑10.1‑201
Certificate required 40‑10.1‑202
Permit required - legislative declaration 40‑10.1‑203
Rules for issuance of certificate - standing to protest - judicial review - legislative declaration 40‑10.1‑204
Temporary authority 40‑10.1‑205
Transfer of certificate or permit 40‑10.1‑206
Rates - limitations 40‑10.1‑207
Taxicab license plates - rules 40‑10.1‑301
Definitions 40‑10.1‑302
Permit requirements 40‑10.1‑303
Livery license plates - rules 40‑10.1‑304
Revocation of permit for failure to pay fine 40‑10.1‑401
Permit requirements 40‑10.1‑402
Verification of authority - notice of requirement for designated license plates - rules 40‑10.1‑403
Towing task force - creation - rules - report - repeal 40‑10.1‑404
Repeal of part - subject to review 40‑10.1‑405
Nonconsensual tows - rights of owners, operators, and lienholders - rules 40‑10.1‑406
Failure to comply 40‑10.1‑407
Records - rules 40‑10.1‑408
Kickbacks prohibited 40‑10.1‑409
Violators subject to penalties 40‑10.1‑410
Towing rules 40‑10.1‑501
Definitions 40‑10.1‑502
Permit requirements - issuance by ports of entry 40‑10.1‑503
Enforcement of carrier’s lien 40‑10.1‑504
Advertising 40‑10.1‑505
Contracts for service 40‑10.1‑506
Delivery and storage of household goods 40‑10.1‑507
Binding arbitration 40‑10.1‑508
Revocation of permit for failure to pay fine 40‑10.1‑509
Outreach - fund 40‑10.1‑601
Short title 40‑10.1‑602
Definitions 40‑10.1‑603
Limited regulation 40‑10.1‑604
Registration - financial responsibility of transportation network companies - primary liability insurance - insurance protection against uninsured motorists 40‑10.1‑605
Operational requirements - rules 40‑10.1‑606
Permit required for transportation network companies - annual permit fee - penalty for violation - rules - repeal 40‑10.1‑607
Fees - transportation network company fund - creation 40‑10.1‑607.5
Fees - enterprise per ride fees - collection - distribution of fee proceeds - enterprise per ride fees fund - rules - definitions 40‑10.1‑608
Rules 40‑10.1‑609
Reporting requirements - rules 40‑10.1‑701
Legislative declaration 40‑10.1‑702
Large-market taxicab service - permit required - rules 40‑10.1‑703
Large-market taxicab service license plates - rules 40‑10.1‑704
Permit revocation 40‑10.1‑705
Rates - limitations - rules 40‑10.1‑801
Permit requirements - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 40-10.1-406’s source at colorado​.gov