C.R.S. Section 42-4-1804
Report of abandoned motor vehicles

  • owner’s opportunity to request hearing

(1)

Intentionally left blank —Ed.

(a)

Upon having an abandoned motor vehicle towed, the responsible law enforcement agency shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and, if so reported, such agency shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this part 18. The responsible law enforcement agency and the towing carrier shall have the right to recover from the owner their reasonable costs and fees for recovering and securing the motor vehicle. Nothing in this section shall be construed to authorize fees for services that were not provided or that were provided by another person or entity.

(b)

As soon as possible, but in no event later than ten working days after having an abandoned motor vehicle towed, the responsible law enforcement agency shall report the same to the department by first-class or certified mail, by personal delivery, or by internet communication. The report shall be on a form prescribed and supplied by the department.

(c)

The report shall contain the following information:

(I)

The fact of possession, including the date possession was taken, the location of storage of the abandoned motor vehicle and the location from which it was towed, the identity of the responsible law enforcement agency, and the business address, telephone number, and name and signature of a representative from the responsible law enforcement agency;

(II)

If applicable, the identity of the operator possessing the abandoned motor vehicle, together with the operator’s business address and telephone number and the carrier number assigned by the public utilities commission; and

(III)

A description of the abandoned motor vehicle, including the make, model, color, and year, the number, issuing state, and expiration date of the license plate, and the vehicle identification number.

(2)

Intentionally left blank —Ed.

(a)

Upon receipt of a report made under subsection (1) or (6) of this section, the department shall search its records to ascertain the last-known owner of record for the abandoned motor vehicle and any lienholder as those persons are represented in department records.

(b)

If the vehicle is not registered with the department, the department shall conduct a title search with an entity that:

(I)

Has a national database;

(II)

May retrieve records based on both the vehicle identification number and vehicle registration number (license plate number); and

(III)

Provides the following information: The vehicle identification number, the vehicle registration number, the owner’s name and contact information, and the lienholder’s name and contact information.

(c)

Within ten working days after receipt of a report made under subsection (1) or (6) of this section, the department shall complete its search and shall transmit the report, together with all relevant information, to the responsible law enforcement agency or tow operator.

(3)

The responsible law enforcement agency, upon its receipt of the report required under subsection (2) of this section, shall determine, from all available information and after reasonable inquiry, whether the abandoned motor vehicle has been reported stolen, and, if so reported, such agency shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this part 18. The responsible law enforcement agency and the operator shall have the right to recover from the owner their reasonable costs to recover and secure the motor vehicle.

(4)

Intentionally left blank —Ed.

(a)

If the responsible law enforcement agency does not use an operator to store the motor vehicle, the responsible law enforcement agency, within ten working days after the receipt of the report from the department required in subsection (2) of this section, shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim of any lien under section 42-4-1806. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from where it was towed, and that, unless claimed within thirty calendar days after the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale.

(b)

If the responsible law enforcement agency uses an operator to store the motor vehicle, the responsible law enforcement agency, within ten working days after the receipt of the report from the department required in subsection (2) of this section, shall notify by first-class mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of the report and the claim of any lien under section 42-4-1806. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from where it was towed, and that, unless claimed within thirty calendar days after the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale.

(c)

The responsible law enforcement agency shall include in the notices sent pursuant to either paragraph (a) or (b) of this subsection (4) a statement informing the owner of record of the opportunity to request a hearing concerning the legality of the towing of the abandoned motor vehicle, and the responsible law enforcement agency to contact for that purpose.

(d)

If an owner or lienholder requests a hearing, the owner or lienholder shall make the request in writing to the responsible law enforcement agency within ten days after the notice was sent, as determined by the postmark. Such hearing, if requested, shall be conducted pursuant to section 24-4-105, C.R.S., if the responsible law enforcement agency is the Colorado state patrol. If a local political subdivision is the responsible law enforcement agency, such hearing shall be conducted pursuant to local hearing procedures. If it is determined at the hearing that the motor vehicle was illegally towed upon request from a law enforcement agency, all towing charges and storage fees assessed against the vehicle shall be paid by such law enforcement agency.

(5)

The department shall maintain department-approved notice forms satisfying the requirements of subsection (4) of this section and shall make them available for use by local law enforcement agencies.
(6)(a)(I) Except as provided in subparagraph (II) of this paragraph (a), an operator or its agent shall, no less than two days, but no more than ten days after a motor vehicle has been towed, determine who the owner is and if there is a lienholder and send a notice by certified mail, return receipt requested, to the last address of the owner and any lienholder as determined from records of the department or from a national search performed by the department.

(II)

If the department conducts a national title search in accordance with paragraph (b) of subsection (2) of this section, each day elapsing between the department being notified and the department returning information on the motor vehicle as a result of the search does not count against the tow operator’s ten-day deadline to contact the motor vehicle’s owner or any lienholder. This subparagraph (II) does not affect daily storage fees.

(III)

The cost of complying with this paragraph (a) is a cost of towing; except that the total of all costs of complying with this section shall not exceed one hundred fifty dollars. To comply with this subsection (6), the notice to the owner and lienholder must be sent within five days after the operator receives the information from the department and must contain the following information:

(A)

The fact of possession, including the date possession was taken, the location of storage of the motor vehicle, and the location from which it was towed;

(B)

The identity of the operator possessing the abandoned motor vehicle, together with the operator’s business address and telephone number and the carrier number assigned by the public utilities commission; and

(C)

A description of the motor vehicle, including the make, model, color, and year and the number, issuing state, and expiration date of the license plate, or any other indicia of the motor vehicle’s state of origin.

(b)

The operator shall not be entitled to recover any daily storage fees from the day the vehicle is towed until the day the owner and lienholder are notified, unless the operator reasonably attempts to notify the owner and lienholder by the date specified in paragraph (a) of this subsection (6). Sending a notice by certified mail, return receipt requested, to the owner and the lienholder as represented in department records shall be deemed a reasonable attempt to notify the owner and the lienholder. Failure to notify the owner and the lienholder due to the receipt of erroneous information from the department or a failure of the law enforcement agency to comply with this section shall not cause the loss of such storage fees accrued from the date the vehicle is towed until the owner and the lienholder receive such notice.

Source: Section 42-4-1804 — Report of abandoned motor vehicles - owner’s opportunity to request hearing, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42–4–101
Short title
42–4–102
Legislative declaration
42–4–103
Scope and effect of article - exceptions to provisions
42–4–104
Adoption of traffic control manual
42–4–105
Local traffic control devices
42–4–106
Who may restrict right to use highways - definitions - rules
42–4–107
Obedience to police officers
42–4–108
Public officers to obey provisions - exceptions for emergency vehicles
42–4–109
Low-power scooters, animals, skis, skates, and toy vehicles on highways
42–4–109.5
Low-speed electric vehicles
42–4–109.6
Class B low-speed electric vehicles - effective date - rules
42–4–110
Provisions uniform throughout state - legislative declaration
42–4–110.5
Automated vehicle identification systems - legislative declaration - exceptions to liability - penalty - limits on use of photographs and video - definitions
42–4–111
Powers of local authorities
42–4–112
Noninterference with the rights of owners of realty
42–4–113
Appropriations for administration of article
42–4–114
Removal of traffic hazards
42–4–116
Restrictions for minor drivers - definitions
42–4–117
Personal mobility devices
42–4–118
Establishment of wildlife crossing zones - report
42–4–201
Obstruction of view or driving mechanism - hazardous situation
42–4–202
Unsafe vehicles - penalty - identification plates
42–4–203
Unsafe vehicles - spot inspections
42–4–204
When lighted lamps are required
42–4–205
Head lamps on motor vehicles - penalty
42–4–206
Tail lamps and reflectors - penalty
42–4–207
Clearance and identification
42–4–208
Stop lamps and turn signals - penalty
42–4–209
Lamp or flag on projecting load
42–4–210
Lamps on parked vehicles
42–4–211
Lamps on farm equipment and other vehicles and equipment
42–4–212
Spot lamps and auxiliary lamps
42–4–213
Audible and visual signals on emergency vehicles
42–4–214
Visual signals on service vehicles - rules - definition
42–4–215
Signal lamps and devices - additional lighting equipment
42–4–216
Multiple-beam road lights - penalty
42–4–217
Use of multiple-beam lights
42–4–218
Single-beam road-lighting equipment
42–4–219
Number of lamps permitted
42–4–220
Low-power scooters - lighting equipment - department control - use and operation
42–4–221
Bicycle, electric scooter, and personal mobility device equipment
42–4–222
Volunteer firefighters - volunteer ambulance attendants - special lights and alarm systems
42–4–223
Brakes - penalty
42–4–224
Horns or warning devices - definition
42–4–225
Mufflers - prevention of noise
42–4–226
Mirrors - exterior placements
42–4–227
Windows unobstructed - certain materials prohibited - windshield wiper requirements
42–4–228
Restrictions on tire equipment
42–4–229
Safety glazing material in motor vehicles
42–4–230
Emergency lighting equipment - who must carry
42–4–231
Parking lights
42–4–232
Minimum safety standards for motorcycles, autocycles, and low-power scooters
42–4–233
Alteration of suspension system
42–4–234
Slow-moving vehicles - display of emblem
42–4–235
Minimum standards for commercial vehicles - motor carrier safety fund - created - definitions - rules - penalties
42–4–236
Child restraint systems required - definitions - exemptions
42–4–237
Safety belt systems - mandatory use - exemptions - penalty - definitions
42–4–238
Blue and red lights - illegal use or possession
42–4–239
Misuse of a wireless telephone - definitions - penalty - preemption
42–4–240
Low-speed electric vehicle equipment requirements
42–4–241
Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage - definition
42–4–242
Automated driving systems - safe harbor
42–4–301
Legislative declarations - enactment of enhanced emissions program not waiver of state right to challenge authority to require specific loaded mode transient dynamometer technology in automobile emissions testing
42–4–302
Commencement of basic emissions program - authority of commission
42–4–304
Definitions relating to motor vehicle inspection and readjustment program
42–4–305
Powers and duties of executive director - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules
42–4–306
Powers and duties of commission - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program
42–4–307
Powers and duties of the department of public health and environment - division of administration - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program
42–4–307.5
Clean screen authority - enterprise - revenue bonds
42–4–307.7
Vehicle emissions testing - remote sensing
42–4–308
Inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - contractor - emissions inspectors - emissions mechanics - requirements
42–4–309
Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts with licensed inspection-only entities
42–4–310
Periodic emissions control inspection required
42–4–311
Operation of inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - enhanced inspection centers
42–4–312
Improper representation as emissions inspection and readjustment station - inspection-only facility - fleet inspection station - motor vehicle dealer test facility - enhanced inspection center
42–4–313
Penalties
42–4–314
Automobile emissions control systems - tampering - operation of vehicle
42–4–315
Warranties
42–4–316
AIR program - demonstration of compliance with ambient air quality standards and transportation conformity
42–4–316.5
Termination of vehicle emissions testing program
42–4–401
Definitions
42–4–402
Administration of inspection program
42–4–403
Powers and duties of the commission
42–4–404
Powers and duties of the executive director of the department of public health and environment
42–4–405
Powers and duties of executive director
42–4–406
Requirement of certification of emissions control for registration - testing for diesel smoke opacity compliance
42–4–407
Requirements for a diesel emission-opacity inspection - licensure as diesel emissions inspection station - licensure as emissions inspector
42–4–408
Operation of diesel inspection station
42–4–409
Improper representation of a diesel inspection station
42–4–410
Inclusion in the diesel inspection program
42–4–411
Applicability of this part to heavy-duty diesel fleets of nine or more
42–4–412
Air pollution violations
42–4–413
Visible emissions from diesel-powered motor vehicles unlawful - penalty
42–4–414
Heavy-duty diesel fleet inspection and maintenance program - penalty - rules
42–4–501
Size and weight violations - penalty
42–4–502
Width of vehicles
42–4–503
Projecting loads on passenger vehicles - penalty
42–4–504
Height and length of vehicles
42–4–505
Longer vehicle combinations - rules
42–4–506
Trailers and towed vehicles
42–4–507
Wheel and axle loads
42–4–508
Gross weight of vehicles and loads - definition
42–4–509
Vehicles weighed - excess removed
42–4–510
Permits for excess size and weight and for manufactured homes - rules - definitions
42–4–511
Permit standards - state and local
42–4–511.2
Authority for cooperative agreements with regional states on excess size or weight vehicles - regulations
42–4–512
Liability for damage to highway
42–4–601
Department to sign highways, where
42–4–602
Local traffic control devices
42–4–603
Obedience to official traffic control devices
42–4–604
Traffic control signal legend
42–4–605
Flashing signals
42–4–606
Display of unauthorized signs or devices
42–4–607
Interference with official devices
42–4–608
Signals by hand or signal device
42–4–609
Method of giving hand and arm signals
42–4–610
Unauthorized insignia
42–4–611
Paraplegic persons or persons with disabilities - distress flag
42–4–612
When signals are inoperative or malfunctioning - penalty
42–4–613
Failure to pay toll established by regional transportation authority
42–4–614
Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations
42–4–615
School zones - increase in penalties for moving traffic violations
42–4–616
Wildlife crossing zones - increase in penalties for moving traffic violations
42–4–617
Steep downhill grade zones - increase in penalties and surcharges for speeding violations - definitions
42–4–701
Vehicles approaching or entering intersection
42–4–702
Vehicle turning left
42–4–703
Entering through highway - stop or yield intersection
42–4–704
Vehicle entering roadway
42–4–705
Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle
42–4–706
Obedience to railroad signal
42–4–707
Certain vehicles must stop at railroad grade crossings - definitions
42–4–708
Moving heavy equipment at railroad grade crossing
42–4–709
Stop when traffic obstructed
42–4–710
Emerging from or entering alley, driveway, or building
42–4–711
Driving on mountain highways
42–4–712
Driving in highway work area
42–4–713
Yielding right-of-way to transit buses - definitions
42–4–714
Bicyclist or other authorized user in bicycle lane
42–4–715
Yielding right-of-way in roundabouts - definitions
42–4–801
Pedestrian obedience to traffic control devices and traffic regulations
42–4–802
Pedestrians’ right-of-way in crosswalks
42–4–803
Crossing at other than crosswalks
42–4–805
Pedestrians walking or traveling in a wheelchair on highways
42–4–806
Driving through safety zone prohibited
42–4–807
Drivers to exercise due care
42–4–808
Drivers and pedestrians, other than persons in wheelchairs, to yield to individuals with disabilities
42–4–901
Required position and method of turning
42–4–902
Limitations on turning around
42–4–903
Turning movements and required signals
42–4–1001
Drive on right side - exceptions
42–4–1002
Passing oncoming vehicles
42–4–1003
Overtaking a vehicle on the left
42–4–1004
When overtaking on the right is permitted
42–4–1005
Limitations on overtaking on the left
42–4–1006
One-way roadways and rotary traffic islands
42–4–1007
Driving on roadways laned for traffic
42–4–1008
Following too closely
42–4–1008.5
Crowding or threatening bicyclist
42–4–1009
Coasting prohibited
42–4–1010
Driving on divided or controlled-access highways
42–4–1011
Use of runaway vehicle ramps
42–4–1012
High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes - penalty
42–4–1013
Passing lane - definitions - penalty
42–4–1101
Speed limits
42–4–1102
Altering of speed limits - department to study rural state highways and increase speed limits - definitions
42–4–1103
Minimum speed regulation
42–4–1104
Speed limits on elevated structures
42–4–1105
Speed contests - speed exhibitions - aiding and facilitating - immobilization of motor vehicle - definitions
42–4–1106
Minimum speed in left lane - interstate 70
42–4–1201
Starting parked vehicle
42–4–1202
Parking or abandonment of vehicles
42–4–1203
Ski areas to install signs
42–4–1204
Stopping, standing, or parking prohibited in specified places - penalty
42–4–1205
Parking at curb or edge of roadway
42–4–1206
Unattended motor vehicle - definitions
42–4–1207
Opening and closing vehicle doors
42–4–1208
Reserved parking for persons with disabilities - applicability - rules
42–4–1209
Owner liability for parking violations
42–4–1210
Designated areas on private property for authorized vehicles
42–4–1211
Limitations on backing
42–4–1212
Pay parking access for persons with disabilities
42–4–1213
Parking in electric motor vehicle charging stations - definition
42–4–1301
Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties
42–4–1301.1
Expressed consent for the taking of blood, breath, urine, or saliva sample - testing - fund - rules - repeal
42–4–1301.3
Alcohol and drug driving safety program - definition
42–4–1301.4
Useful public service - definitions - local programs - assessment of costs
42–4–1302
Stopping of suspect
42–4–1303
Records - prima facie proof
42–4–1304
Samples of blood or other bodily substance - duties of department of public health and environment - rules
42–4–1305
Open alcoholic beverage container - motor vehicle - prohibited
42–4–1305.5
Open marijuana container - motor vehicle - prohibited
42–4–1306
Colorado task force on drunk and impaired driving - creation - legislative declaration
42–4–1307
Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal
42–4–1308
Study of devices capable of assessing drug impairment of motorists - report - definition - repeal
42–4–1401
Reckless driving - penalty
42–4–1402
Careless driving - penalty
42–4–1402.5
Vulnerable road user - prohibition - violations and penalties - definition
42–4–1403
Following fire apparatus prohibited
42–4–1404
Crossing fire hose
42–4–1405
Riding in trailers
42–4–1406
Foreign matter on highway prohibited - penalty - definitions
42–4–1407
Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables
42–4–1407.5
Splash guards - when required - definition
42–4–1408
Operation of motor vehicles on property under control of or owned by parks and recreation districts
42–4–1409
Compulsory insurance - penalty - legislative intent
42–4–1410
Proof of financial responsibility required - suspension of license
42–4–1410.5
Providing false evidence of proof of motor vehicle insurance - penalty
42–4–1411
Use of earphones while driving
42–4–1412
Operation of bicycles, electric scooters, and other human-powered vehicles
42–4–1412.5
Statewide regulation of certain persons approaching intersections who are not operating motor vehicles - status of existing local ordinance or resolution - legislative declaration - definitions
42–4–1413
Eluding or attempting to elude a police officer
42–4–1414
Use of dyed fuel on highways prohibited
42–4–1415
Radar jamming devices prohibited - penalty
42–4–1416
Failure to present a valid transit pass or coupon - fare inspector authorization - definitions
42–4–1501
Traffic laws apply to persons operating motorcycles and autocycles - special permits
42–4–1502
Motorcycles and autocycles - protective helmet
42–4–1503
Operating motorcycles and autocycles on roadways laned for traffic
42–4–1504
Clinging to other vehicles - penalty
42–4–1601
Accidents involving death or personal injuries - duties
42–4–1602
Accident involving damage - duty
42–4–1603
Duty to give notice, information, and aid
42–4–1604
Duty upon striking unattended vehicle or other property
42–4–1605
Duty upon striking highway fixtures or traffic control devices
42–4–1606
Duty to report accidents
42–4–1607
When driver unable to give notice or make written report
42–4–1608
Accident report forms
42–4–1609
Coroners to report
42–4–1610
Reports by interested parties confidential
42–4–1611
Tabulation and analysis of reports
42–4–1612
Accidents in state highway work areas
42–4–1701
Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal
42–4–1702
Alcohol- or drug-related traffic offenses - collateral attack
42–4–1703
Parties to a crime
42–4–1704
Offenses by persons controlling vehicles
42–4–1705
Person arrested to be taken before the proper court
42–4–1706
Juveniles - convicted - arrested and incarcerated - provisions for confinement
42–4–1707
Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and misdemeanor traffic offenses - release - registration
42–4–1708
Traffic infractions - proper court for hearing, burden of proof - appeal - collateral attack
42–4–1709
Penalty assessment notice for traffic infractions - violations of provisions by officer - driver’s license - definition
42–4–1710
Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty assessment notice - procedures
42–4–1711
Compliance with appearance
42–4–1712
Procedure prescribed not exclusive
42–4–1713
Conviction record inadmissible in civil action
42–4–1714
Traffic violation not to affect credibility of witness
42–4–1715
Convictions, judgments, and charges recorded - public inspection
42–4–1716
Notice to appear or pay fine - failure to appear - penalty - definition
42–4–1717
Conviction - attendance at driver improvement school - rules
42–4–1718
Electronic transmission of data - standards
42–4–1719
Violations - commercial driver’s license - compliance with federal regulation
42–4–1801
Legislative declaration
42–4–1802
Definitions
42–4–1803
Abandonment of motor vehicles - public property
42–4–1804
Report of abandoned motor vehicles - owner’s opportunity to request hearing
42–4–1805
Appraisal of abandoned motor vehicles - sale
42–4–1806
Liens upon towed motor vehicles
42–4–1807
Perfection of lien
42–4–1808
Foreclosure of lien
42–4–1809
Proceeds of sale
42–4–1810
Transfer and purge of certificates of title
42–4–1811
Penalty
42–4–1812
Exemptions
42–4–1813
Local regulations
42–4–1814
Violation of motor vehicle registration or inspection laws - separate statutory provision
42–4–1901
School buses - equipped with supplementary brake retarders
42–4–1902
School vehicle drivers - special training required
42–4–1903
School buses - stops - signs - passing
42–4–1904
Regulations for school buses - regulations on discharge of passengers - penalty - exception - definition
42–4–2001
Maximum hours of service - ready-mix concrete truck operators
42–4–2101
Legislative declaration
42–4–2102
Definitions
42–4–2103
Abandonment and nonconsensual towing of motor vehicles - private property - rules
42–4–2104
Appraisal of abandoned motor vehicles - sale
42–4–2105
Liens upon towed motor vehicles
42–4–2106
Perfection of lien
42–4–2107
Sale of abandoned vehicle
42–4–2108
Proceeds of sale
42–4–2109
Transfer and purge of certificates of title
42–4–2110
Penalty
42–4–2201
Definitions
42–4–2202
Transfer for recycling
42–4–2203
Vehicle verification system - fees - rules
42–4–2204
Theft discovered - duties - liability
42–4–2301
Comprehensive education
42–4–2401
Definitions
42–4–2402
Event data recorders
42–4–2403
Applicability
42–4–2501
Educational materials - updating of driving manual
Green check means up to date. Up to date

Current through Fall 2024

§ 42-4-1804’s source at colorado​.gov