Section 33-14.5-102 - Off-highway vehicle registration - nonresident-owned or -operated off-highway vehicle permits - fees - applications - requirements - exemptions - rules(1)(a) Except as provided in subsection (6) of this section, and except as provided for nonresident-owned and -operated off-highway vehicles in subsection (9) of this section, no person shall operate, nor have in his or her possession at any staging area, any off-highway vehicle within the state unless such off-highway vehicle has been registered and numbered in accordance with the provisions of this article. The division is authorized to assign identification numbers and register off-highway vehicles.(b) The division shall employ off-highway vehicle agents, including dealers and licensing agents serving as such for the division, for off-highway vehicle registration pursuant to section 33-12-104. Upon receiving a registration application, an agent shall collect the fee specified by the commission by rule and issue a temporary registration and shall forward the application to the division, which shall issue the registration. An agent may retain a commission not in excess of one dollar, as authorized by the division, for each registration issued. Any dealer is authorized to issue a temporary registration when a person purchases an off-highway vehicle from the dealer.(2)(a) Every dealer shall require a purchaser of an off-highway vehicle to complete a registration application and pay the registration fee before the vehicle leaves the dealer's premises, except for those off-highway vehicles purchased for use exclusively outside of this state.(b) Each off-highway vehicle owned by a lessor for rental purposes shall be registered pursuant to this article upon the payment of a registration fee, as provided in paragraph (a) of subsection (3) of this section.(3)(a) For each year, or portion of the year, beginning April 1 and ending the following March 31, the original and each renewal registration fee to be paid by an owner must be in the amount specified by the commission by rule.(b) The fee for the replacement of a lost, mutilated, or destroyed registration certificate shall be the fee specified in section 33-12-101.(4)(a) For each year, or portion of the year, beginning April 1 and ending the following March 31, for which the registration is made, the registration fee for all off-highway vehicles owned by a dealer or manufacturer and operated solely for demonstration or testing purposes must be in an amount specified by the commission by rule.(b) Dealer and manufacturer registrations are not transferable and shall be distinguished from the registration required for owners.(5) A registration certificate shall be issued without the payment of a fee for any off-highway vehicle owned by the state of Colorado or a political subdivision thereof upon application therefor.(6) No registration under this article is required for any:(a) Off-highway vehicle owned by any agency of the United States or another state or a political subdivision thereof when such ownership is clearly displayed on such vehicle;(b) Off-highway vehicle owned by a resident of another state or country if such off-highway vehicle is covered by a valid license or registration of such other state or country and such off-highway vehicle has not been within this state for more than thirty consecutive days;(c) Off-highway vehicle used strictly for agricultural purposes;(d) Off-highway vehicle used strictly on private property;(e) Off-highway vehicle operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;(f) Off-highway vehicle used by a dealer or manufacturer, or an authorized designee thereof, for off-highway vehicle operator education or safety programs.(7) Any person who operates an off-highway vehicle in violation of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.(8) Any dealer who does not comply with subsection (2)(a) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.(9)(a) Notwithstanding the provisions of subsections (1) to (8) of this section, on and after April 1, 2000, no person shall operate, nor have in his or her possession at any staging area, any nonresident-owned or -operated off-highway vehicle within the state of Colorado unless such off-highway vehicle is covered by a valid license or registration of another state or country and such nonresident-owned or -operated off-highway vehicle has not been within this state for more than thirty consecutive days, or such nonresident-owned or -operated off-highway vehicle has been issued a permit pursuant to this subsection (9).(b) The division is hereby authorized to issue permits to nonresident-owned or -operated off-highway vehicles.(c)(I) Nonresident off-highway vehicle permits shall be sold by the agents designated pursuant to section 33-12-104, and the fee to be paid for the permits must be in the amount provided by the commission by rule.(II) Nonresident off-highway vehicle permits shall be valid for one year or until the following March 31, whichever comes first.(III) The fee for the replacement of a lost, mutilated, or destroyed nonresident off-highway vehicle permit shall be the fee specified in section 33-12-101 for replacement of passes and registrations.(d) Nonresident off-highway vehicle permits shall be displayed as required by the division.(e) The following nonresident off-highway vehicles shall be exempt from the requirements of this subsection (9): (I) Vehicles owned by the United States or another state or political subdivision thereof if such ownership is clearly displayed on such vehicles;(II) Vehicles operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;(III) Vehicles used strictly on private property.(f) Any person who violates this subsection (9) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of one hundred dollars.Amended by 2021 Ch. 462, § 588, eff. 3/1/2022.Amended by 2019 Ch. 423, § 31, eff. 7/1/2019.Amended by 2018 Ch. 71, § 7, eff. 8/8/2018.L. 89: Entire article added, p. 1362, § 1, effective 4/1/1990. L. 95: (6)(b) and (7) amended and (8) added, p. 341, § 8, effective July 1. L. 96: (1)(b), (3)(a), and (4)(a) amended, p. 783, § 9, effective May 23. L. 99: (1)(a) amended and (9) added, p. 887, § 1, effective August 4. L. 2003: (7) and (8) amended, p. 1951, § 36, effective May 22. L. 2011: (1)(b) amended, (SB 11-208), ch. 1392, p. 1392, § 21, effective July 1. L. 2018: (1)(b), (3)(a), (4)(a), and (9)(c)(I) amended, (HB 18-1139), ch. 635, p. 635, § 7, effective August 8. L. 2019: (7) and (9)(f) amended, (HB 19-1026), ch. 3700, p. 3700, § 31, effective July 1. L. 2021: (7), (8), and (9)(f) amended, (SB 21-271), ch. 3270, p. 3270, § 588, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 18-1139, see section 1 of chapter 71, Session Laws of Colorado 2018. For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.