C.R.S. Section 44-20-402
Definitions


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.

(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)

A personal watercraft; or

(c)

A snowmobile.

(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.

Source: Section 44-20-402 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑20‑101
Legislative declaration
44‑20‑102
Definitions
44‑20‑103
Motor vehicle dealer board - creation
44‑20‑104
Board - oath - meetings - powers and duties - rules
44‑20‑105
Auto industry division - creation - powers and duties of executive director and director
44‑20‑106
Records as evidence
44‑20‑107
Attorney general to advise and represent
44‑20‑108
Classes of licenses
44‑20‑109
Temporary motor vehicle dealer license
44‑20‑110
Display, form, custody, and use of licenses
44‑20‑111
Fees - disposition - expenses - expiration of licenses
44‑20‑112
Bond of licensee
44‑20‑113
Motor vehicle salesperson’s bond
44‑20‑114
Buyer agent bonds
44‑20‑115
Notice of claims honored against bond
44‑20‑116
Testing licensees
44‑20‑117
Filing of written warranties
44‑20‑118
Application - prelicensing education - fingerprint-based criminal history record check - rules
44‑20‑119
Notice of change of address or status
44‑20‑120
Principal place of business - requirements
44‑20‑121
Licenses - grounds for denial, suspension, or revocation
44‑20‑122
Procedure for denial, suspension, or revocation of license - judicial review
44‑20‑123
Sales activity following license denial, suspension, or revocation - unlawful act - penalty
44‑20‑124
Unlawful acts
44‑20‑125
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules
44‑20‑126
Independent control of dealer - definitions
44‑20‑127
Successor under existing franchise agreement - duties of manufacturer
44‑20‑128
Penalty
44‑20‑129
Fines - disposition - unlicensed sales
44‑20‑130
Drafts not honored for payment - penalties
44‑20‑131
Right of action for loss
44‑20‑132
Contract disputes - venue - choice of law
44‑20‑133
Disposition of fees - auto dealers license fund - created
44‑20‑134
Advertisement - inclusion of dealer name
44‑20‑135
Audit reimbursement limitations - dealer claims
44‑20‑136
Reimbursement for right of first refusal
44‑20‑137
Payout exemption to execution
44‑20‑138
Site control extinguishes
44‑20‑139
Modification voidable
44‑20‑140
Termination appeal
44‑20‑141
Stop-sale directives - used motor vehicles - definitions
44‑20‑141.5
Fulfillment and compensation for warranty and recall obligations - definitions
44‑20‑141.6
Fulfillment of warranty and recall obligations - recreational vehicles - definitions
44‑20‑142
Repeal of part
44‑20‑201
Definitions
44‑20‑202
Exclusive finance agreements void - when
44‑20‑203
Threat prima facie evidence of violation
44‑20‑204
Threat by agent as evidence of violation
44‑20‑205
Offering consideration to eliminate competition
44‑20‑206
Accepting consideration to eliminate competition
44‑20‑207
Recipient of consideration shall not buy mortgages
44‑20‑208
Quo warranto action
44‑20‑209
Violation by foreign corporation - penalty
44‑20‑210
Penalty
44‑20‑211
Contract void
44‑20‑212
Provisions cumulative
44‑20‑213
Damages
44‑20‑214
Repeal of part
44‑20‑301
Definitions
44‑20‑302
Sunday closing
44‑20‑303
Penalties
44‑20‑304
Repeal of part
44‑20‑401
Legislative declaration
44‑20‑402
Definitions
44‑20‑403
Motor vehicle dealer board
44‑20‑404
Board - powers and duties - rules
44‑20‑405
Powers and duties of executive director and director
44‑20‑406
Records as evidence
44‑20‑407
Attorney general to advise and represent
44‑20‑408
Classes of licenses
44‑20‑409
Temporary powersports vehicle dealer license
44‑20‑410
Display, form, custody, and use of licenses
44‑20‑411
Fees - disposition - expenses - expiration of licenses
44‑20‑412
Bond of licensee
44‑20‑413
Powersports vehicle salesperson’s bond
44‑20‑414
Notice of claims honored against bond
44‑20‑415
Testing licensees
44‑20‑416
Filing of written warranties
44‑20‑417
Application - fingerprint-based criminal history record check - rules
44‑20‑418
Notice of change of address or status
44‑20‑419
Principal place of business - requirements - exceptions
44‑20‑420
Licenses - grounds for denial, suspension, or revocation
44‑20‑421
Procedure for denial, suspension, or revocation of license - judicial review
44‑20‑422
Sales activity following license denial, suspension, or revocation - unlawful act - penalty
44‑20‑423
Unlawful acts
44‑20‑424
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules
44‑20‑425
Independent control of dealer - definitions
44‑20‑426
Successor under existing franchise agreement - duties of powersports vehicle manufacturer
44‑20‑427
Audit reimbursement limitations - dealer claims
44‑20‑428
Reimbursement for disapproving sale
44‑20‑429
Penalty
44‑20‑430
Fines - disposition - unlicensed sales
44‑20‑431
Drafts or checks not honored for payment - penalties
44‑20‑432
Right of action for loss
44‑20‑433
Contract disputes - venue - choice of law
44‑20‑434
Advertisement - inclusion of dealer name
44‑20‑435
Payout exemption to execution
44‑20‑436
Site control extinguishes
44‑20‑437
Modification voidable
44‑20‑438
Termination appeal
44‑20‑439
Stop-sale directives - used powersports vehicles - definitions
44‑20‑439.5
Fulfillment and compensation for warranty and recall obligations - definitions
44‑20‑440
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 44-20-402’s source at colorado​.gov