CAPSS  Compliance Pathway
Colorado Automobile/Powersport Support Services, LLC 
June 2014
Colorado Flag2     
 
  
Greetings! 
 Highlights in this newsletter include:
  
Titling of off-highway vehicles is on track to begin July 1st.  The Colorado Titles and Registration Section has provided the information needed by dealers to conform with Senate Bill 13-280. 

The new License Fee Schedule is out for the fiscal year beginning July 1, 2014.  The fees have been reduced.  Dealer license renewals are now $391, sales person renewals are $88, and original sales person license applications are $116. 

The governor signed House Bill 14-1299 on April 18, 2014, and it becomes effective August 6, 2014, for title branding which begins January 1, 2015.  This bill includes provisions regarding Salvage, Flood Damage, Junk, and Non-repairable brands. 
  
Thank you for your continued support of CAPSS!

Mary Marvin & Connie Hatch
CAPSS LLC

 
Senate Bill 13-280 
Titles for Off-Highway Vehicles - Dealers
 
 
The following information is provided by the Colorado Department of Revenue, Bulletin 14-05.
 
Senate Bill 13-280 Titling Off Highway Vehicles, effective July 1, 2014, creates the ability for Off Highway Vehicles and Snowmobiles to be titled.
 
Senate Bill 13-280 applies only to titling of OHV, registration of OHV is still completed through Colorado Parks and Wildlife.  For more information regarding OHV registration, please visit:  http://cpw.state.co.us/buyapply/Pages/RegistrationsOHV.aspx
 
An Off-Highway Vehicle (OHV), C.R.S. 42-6-102 (11.5) is defined 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,
  • Off-Highway Vehicles do 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

 

 

 A snowmobile, C.R.S. 42-6-102 (18.5) is defined as:

  • A self-propelled vehicle primarily designed or altered for travel on snow or ice off of the public highways and supported by skis, belts, or cleats
  • Snowmobile does not include machinery used for the grooming of snowmobile trails or ski slopes  

OHV Titling Required Documents:

 

  • Proof of ownership:

 Manufacturer Certificate of Origin/Manufacturer Statement of Origin

or

Certificate of Title

or

Current Parks and Wildlife OHV registration

or

If in dealers inventory prior to July 1, 2014, a Statement of Fact (form DR 2444) for each OHV.  In the statement section write or type: "Prior to July 1, 2014, the off-highway vehicle detailed above was held as inventory by: 

  • Dealer Name
  • Address
  • City, CO zip
  • Phone Number

 Completed DR 2395 Title/Registration Application

 

 

All current titling laws, processes, and procedures apply.

  • Dealers have 30 days to deliver title to customers
  • Owner's address of residence is used unless the OHV is permanently maintained at a different address.  Businesses will use the address where the vehicle is principally operated and maintained
  • OHV may not be issued salvage titles, C.R.S. 42-6-117(a)(II)

Dealer purchases/trades from an individual on or after July 1, 2014:

  • C.R.S. 42-6-148 requires an individual to obtain title prior to selling an OHV to a dealer

 Dealers may obtain title on behalf of the customer by Power of Attorney (Form DR 2174 or DR 2175).  After the title has been established in the individual's name, the dealer may make the assignment by POA on the title.

  • Obtaining title is optional for private party to private party sales

Establishing Ownership by Bond

  • Dealers/customers unable to provide acceptable proof of ownership documents may obtain title by following the bond process outlined in the Title or Salvage Title Established by Surety Bond Checklist (Form DR 2922).
  • Exceptions to the Purchase of the Surety Bond

 No surety bond is required if any of the following apply

  • OHV is 25 years or older (A certified VIN inspection and notarized bill of sale within 24 months of purchase are required).
  • Off-Highway vehicle was moved to Colorado from a state not issuing certificates of title for off-highway vehicles;
  • Off-Highway vehicle is used and held as inventory by a powersports dealer
  • Off-Highway vehicle was owned by an agency of the United States or another state or a political subdivision thereof
  • Off-Highway vehicle was owned by an agricultural producer and used strictly for agricultural purposes
  • Off-Highway vehicle was owned exclusively for the purpose of being operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption does not apply unless the agency exercising jurisdiction over the land specifically authorizes the organized competitive or noncompetitive event or
  •  Off-Highway vehicle was used by a dealer, manufacturer, or authorized designee for an off-highway vehicle operator education or safety program

 

Lien Filing:

 

Liens may be filed on off-highway vehicles in the same manner as motor vehicles

 

  • Liens are valid for ten years
  • Titles will be mailed to the lienholder
  • Liens may be extended for successive three year periods

Lien Verification:

 

  • If a Colorado title exists, request a title search using Motor Vehicle Search Request (Form DR 2489A)
  • If a Colorado title does not exist, verify through the Uniform Commercial Code (UCC)

OHV Taxes and fees:

 

Taxes and fees are the same as with Motor Vehicles

  • Dealer collects any taxes that are in common with the dealer's address and the buyer's address
  • Dealer titles processing timeframe and fees:

Title and Registration Section  -  $25.00

 

In Person:  Vehicle Services Unit, 1881 Pierce Street, Lakewood, CO  8014

 

By Mail:  Title and Registration Section, PO Box 173350, Denver, CO 80217-3350

 

County Office  -  $7.20

 

 

 

Dealer Brochure with procedures:   Dealer Brochure 

 

Please contact the Title and Registration Sections with any questions:  303-205-5608.

 

 

Training Webinars are being offered as scheduled:

  • June 23, 2014    10-11:00am
  • June 27, 2014    2-3:00pm
  • June 30, 2014    10am

Follow these steps to join these webinars:

 Dial +1 (312) 878-3081

Access Code:  476-040-814

Audio PIN: Shown after joining the meeting

Meeting ID:  476-040-814

GoToMeeting

Online Meetings Made Easy

Not at your computer?  Click the link to join this meeting from your iPhone, iPad, or Android device via the GoToMeeting app.

 

Please contact Debbie Davis at debbie.davis@state.co.us for additional trainings if desired. 

 

 

 

 

 

 

License Fee Schedule
The following fees are effective for the fiscal year July 1, 2014 - June 30, 2015:

 

Original Dealer/Wholesaler/Buyer Agent/Wholesale Auctions - fee $479

 

Original Powersports Dealer - fee $479

 

Renewal Dealer/Wholesaler/Buyer Agent/Wholesale Auction - fee $391

 

Renewal Powersports Dealer - fee $391

 

Original Salesperson - fee $116

 

Renewal Salesperson - fee $88

 

Additional/Multiples - fee $88

 

Transfer Salesperson - fee $88

 

Off-Premise Permits - fee $300

 

Additional Location - fee $200

 

Address Change:  fee $116

 

Ownership Change - fee $116

 

Name Change - fee $116

 

For a complete list of fees:  Colorado License Fee Schedule 

 

 


 

Title Branding
The Governor signed House Bill 14-1299 on April 18, 2014, which becomes effective August 6, 2014, for title branding beginning January 1, 2015.
 
The new Colorado State Statute defines the following:
A brand means a permanent designation or marking on a motor vehicle's title, associated with the vehicle identification number, that conveys information about the value of the vehicle or indicates that the vehicle
  • is a salvage vehicle
  • is rebuilt from salvage
  • is non-repairable
  • is flood damaged
  • has had its odometer tampered with, or
  • has a designation placed on the title by another jurisdiction

 

Flood Damaged - means a motor vehicle was submerged in water to the point that rising water has reached over the doorsill and entered the passenger compartment and damaged electrical, computer, or mechanical components.

Junk - means a vehicle is incapable of operating on roads and is no longer a vehicle because it has been destroyed, dismantled, or changed.  These vehicles may not be issued a certificate of title, and any title secured in the purchase of such a vehicle is to be surrendered to the department, which shall cancel the vehicle identification number and remove the vehicle from the motor vehicle system.

Non-repairable - means a motor vehicle that:
  • is incapable of safe operation on the road and that has no resale value except as scrap or as a source of parts, or
  • the owner has designated as scrap or as a source of parts

Non-repairable Title - means a title document issued by the director or authorized agent to indicate ownership of a non-repairable vehicle.

 

Salvage vehicle - means:

  • a flood-damaged vehicle
  • a vehicle branded as a salvage vehicle by another state, or
  • a vehicle that is damaged by collision, fire, flood, accident, trespass, or other occurrence, excluding hail damage, to the extent that the cost of repairing the vehicle to a roadworthy condition and for legal operation on the highways exceeds the vehicle's retail fair market value immediately prior to the damage, as determined by the person who owns the vehicle at the time of the occurrence or by records in compliance with rules adopted by the director

If a vehicle shows a brand in its title history, or if the vehicle is subject to a brand, the department shall place the appropriate brand on the certificate of title. If the vehicle has multiple brands, the department shall place the most recent brand on the certificate of title and the notice: "other brands exist".  If the brand is from a certificate of title issued in another jurisdiction, the brand must be carried forward to the Colorado Certificate of Title, along with the name of the jurisdiction originating the brand.

 

If an insurer or a salvage pool authorized by an insurer is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty days following oral or written acceptance by the owner of an offer of settlement of a total loss, that insurer or salvage pool may request the department to issue a salvage or non-repairable title for the vehicle.  The request must include information declaring that the insurer or salvage pool has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title, and must include the fee for a duplicate title.  The form requesting a salvage or non-repairable title is the only evidence required to obtain a salvage or non-repairable title.

 

The owner of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, upon the destruction or dismantling of the vehicle, or upon its being changed so that it is no longer a motor or off-highway vehicle, or upon its being sold or otherwise disposed of as salvage, shall surrender the certificate of title to the vehicle to be canceled.  Upon receiving the surrendered certificate or the notice of loss, destruction, or dismantling, the director shall classify the vehicle as junk.  The holder of a lien or mortgage secured by the vehicle's title for the purchase shall surrender the title to the department.  The department shall cancel the title and remove the vehicle identification number from the motor vehicle database.

 

When a motor vehicle owner determines that a motor vehicle, for which a Colorado certificate of title has been issued, is non-repairable, the owner of the vehicle shall apply for a non-repairable title.  To be issued a non-repairable title, an applicant must provide the director with evidence of ownership that satisfies the director of the applicant's right to have a non-repairable title filed in the applicant's favor.  If a motor vehicle is non-repairable, the director shall issue the vehicle a non-repairable title.

 

House Bill 14-1299 was also signed by the Governor on April 25, 2014.  This legislation has removed the six year limitation on applying for a salvage brand.

 

Upcoming Training Seminars

Mastery Exam Seminar:
We guide you through the confusing rules and regulations that you must know to pass the state's exam.  We also offer practice exams, which test your content knowledge and refine your test taking skills in preparation for the exam. We offer
  • 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 July.  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

 

 
Getting the Car Deal Rolling:  This seminar concentrates on how to complete the basic car deal paperwork involved in a sales transaction.  It includes an introduction to the required sales documents for motor vehicles and power sport sales, and to title transfer documents.  This seminar is uniquely formatted for the novice dealer/and or title clerk.   

 

 
Title Document Training:  This seminar includes basic title documents for incoming and outgoing title transfer, various title forms, applications for title, how and why to do a VIN inspection, title assignments, odometer disclosures, secure and verifiable identification and more.

 

 

The Well-Informed Dealer - Do You Think You Know It All?  Are you complying with the Federal Truth-in-Mileage Act?  Do you know what damage disclosure is required to be furnished to your customer?  If you did not know the vehicle you sold was previously salvaged, do you have to buy the vehicle back?   What charges can be added to an advertised price?  This seminar covers numerous items required for compliance of industry's rules and regulations, including OFAC,  Red Flags, and FTC Privacy Notices.  Dealers taking this class will be prepared for a compliance inspection by the Auto Industry Division.  

 

 

To register for any of these seminars, go to www.capsscolorado.com.   To schedule a class at your dealership, call Mary Marvin (Front Range) 303-478-2538; or Connie Hatch (Western Slope) 970-209-7499.
QUESTIONS ?
Do you have questions regarding odometer laws, salvage vehicles, repossessions, or more?  Benefits of your membership include phone consultations - so don't hesitate to pick up the phone and ask those questions.  Not a member?  Call now to join, only $125 a year!

Our newsletters will advise you of form updates by the state, legislative changes, and other items of interest, including compliance tips for your review.

We also offer continuing education to dealers and their employees.  We strive to give you the best education at reasonable prices.  Classes are offered on the Front Range (Lakewood) and the Western Slope (Montrose) as well as occasional classes in other parts of the state.

For more about our seminars, check out the Upcoming Training Seminars section of this newsletter, or check out web site on-line at www.capsscolorado.com.

And give us a call for all your form and supply needs!

If you have ideas on how we can better support you, please contact us! 


 Odometer
 
 
In This Issue
Off-Highway Vehicles
License Fee Schedule
Title Branding
Upcoming Training
  
  
  
  
  
  
  
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ABOUT US

CAPSS is a company owned and operated by experienced former investigators of the Colorado Department of Revenue, Auto Industry Division.  Connie Hatch retired as a Field Investigator, after 27 years of state service.   Mary Marvin retired as a Supervisor Investigator, after 32 years of state service.

For two years, Mary and Connie contracted with CIADA to provide training for their members.   Now they have moved on to better serve all dealers and wholesalers in the State of Colorado.

Contact us if we can serve you!


Front Range:  
Mary Marvin 
303.478.2538                                

Western Slope:  
Connie Hatch 
970.209.7499 
 
 
 Colorado Automobile/Powersport Support Services, LLC
CAPSS
 
 
 
Contact us if we can serve you!
 
Front Range:   Mary Marvin  (303) 478-2538    Western Slope:   Connie Hatch  (970) 209-7499 
CAPSS LLC