DEPARTMENT of Revenue
Division of Motor Vehicles – Title and Registration Sections
1 CCR 204-10
RUle 12. VEHICLES abandoned ON PRIVATE PROPERTY
Basis: This regulation is promulgated under the authority of 42-1-204, C.R.S., and Part 21 of Article 4 of Title 42, C.R.S.
Purpose: The following rules and regulations are promulgated to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on private property.
1.0 Definitions.
1.1 “Abandoned Motor Vehicle” for the purposes of this regulation means any motor vehicle that:
a. Is left unattended on private property for a period of twenty-four hours or longer, or for such other period as may be established by local ordinance, without the consent of the owner or lessee of such property or the owner’s or lessee’s legally authorized agent; or
b. Is stored in an impound lot at the request of its owner or the owner’s agent and not removed from the impound lot according to the agreement with the owner or agent; or
c. Is left on private property without the property owner’s consent, towed at the request of the property owner, and not removed from the impound lot by the vehicle owner within forty-eight hours; or
d. Any motor vehicle fitted with an immobilization device that is on private property and deemed to be abandoned pursuant to section 42-4-1105(7)(c).
1.2 “Appraisal” means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by an employee of the Colorado State Patrol or of any sheriff's or police department whose appointment for such purpose has been reported by the head of the appointing agency to the executive director of the Department.
1.3 “Classified Newspaper Advertisement” means a printed advertisement that is published in a Colorado newspaper in the section of the newspaper indicating the express intent to sell a vehicle.
1.4 “Commercially Reasonable Sale” means a sale in accordance with section 42-4-2104, C.R.S,. A sale shall not be considered commercially reasonable if the vehicle’s appraisal value is of more than $350.00 and the vehicle is sold to an officer or partner of the operator that has possession of the vehicle or to any other person with a proprietary interest in such operator.
1.5 “Department” means the Department of Revenue
1.6 “Department Website” means an electronic system whereby an operator registered under section 42-4-1806(2), C.R.S., or the agent of such operator shall have access to correct information relating to any owner or lienholder of a motor vehicle towed by the operator as represented in the Department's records at the time of the inquiry.
1.7 “Licensed Motor Vehicle Dealer” means a motor vehicle dealer licensed under Article 6 of Title 12, C.R.S.
1.8 “Operator” means a person or firm who has obtained a permit from the Colorado Public Utilities Commission (PUC), Department of Regulatory Agencies as a towing carrier.
1.9 “Private Tow” A private tow shall result from the abandonment of a motor vehicle on private property in accordance with 42-4-2102(1), C.R.S.
2.0 Requirements
2.1 Timeframes - All timeframes set forth herein begin with the commencement of the tow or abandonment in the case of nonconsensual tows. Timeframes for consensual tows begin when the owner of record breaches an agreement with the operator to claim the vehicle.
2.2 Operator - All operators that tow abandoned vehicles from private property must obtain a permit from the Colorado Public Utilities Commission, Department of Regulatory Agencies and shall be registered with the Department.
a. The operator shall submit a DR 2008A Private Tow Vehicle Information Request form to the Department or may perform a record search through the Department’s website at http://ids.dor.state.co.us/ to obtain owner and lienholder information for a private tow.
b. The date noted on the DR 2008A "Date to DOR" shall be the date used to determine the date that the operator complied with notification to the Department in accordance with 42-4-2103(3), C.R.S.
c. The operator may collect the amount of the documented direct and indirect costs associated with the notification of the owner and lienholder in accordance with 4 CCR 723-6. Direct costs include, but are not limited to, the charges paid to the U.S. Postal Service for sending the notice by certified mail, return receipt requested, and reasonable fees for recovering and securing the vehicle. Indirect costs include, but are not limited to, the administrative costs of labor, equipment and supplies required to send the notice.
2.3 Law Enforcement Notification - Operators shall notify law enforcement in accordance with 42-4-2103, C.R.S.
2.4 Operator Notification of Owner/Lienholder - Operators shall notify the owner and lienholder as required by 42-4-2103, C.R.S.
2.5 Sale of Abandoned Vehicle
a. If the owner or lienholder of a motor vehicle that was abandoned on private property does not respond to the certified notice, the operator may execute a commercially reasonable sale.
b. The sale must occur not less than 30 and not more than 60 days from the postmark date the notice was mailed pursuant to 42-4-2103(4), C.R.S., or the date the operator receives notice that no record exists for such vehicle.
c. The vehicle shall be appraised by a licensed Colorado motor vehicle dealer or a law enforcement officer.
d. The vehicle shall be sold to a licensed motor vehicle dealer, wholesaler, a wholesale motor vehicle auction dealer or through a classified newspaper advertisement.
e. When the sale is through a classified newspaper advertisement, a copy of the advertisement and proof of publication shall be submitted with the title application. The classified newspaper advertisement must identify that the vehicle is for sale, and contain the vehicle year, make, the last 6 characters of the vehicle identification number, identity of the operator, and provide operator contact information.
f. If an operator conducts a commercially reasonable sale but fails to sell the motor vehicle, the operator may continue to collect daily storage fees for such vehicle actually accrued for up to one hundred twenty days.
2.6 Bond Title Application - If no owner of record is found by the Department through Department records or through the Department's website and the vehicle is less than five years old, including the current year models, the purchaser shall apply for a bonded title in accordance with 42-4-2104 (3), C.R.S. and the procedure outlined in the DR 2922 Title or Salvage Title Established by Surety Bond Checklist.
2.7 Proceeds of Sale - All proceeds from the sale of a motor vehicle abandoned on private property shall be applied in accordance with 42-4-2108, C.R.S., Operators are required to complete Section C entitled "Report of Sale of an Abandoned Vehicle" on the DR 2173 Motor Vehicle Bill of Sale at the time of sale.
3.0 Operator Registration - All operators that tow abandoned vehicles from private property must be issued a permit by the Colorado Public Utilities Commission, Department of Regulatory Agencies and shall be registered with the Department.
4.0 Electronic Search Capability - Whenever possible, operators shall utilize the Department’s website to obtain the owner and lienholder information of abandoned vehicles. Use of the Department’s website shall only be for the purpose of obtaining the required information to process abandoned vehicles and in full compliance with the Driver Privacy Protection Act. Record search information shall not be provided to the buyer of an abandoned vehicle pursuant to 18 USC 2721. Record search information shall be retained by the operator for a period of three years.
5.0 Suspension/Revocation - An operator's permit may be altered, amended, suspended, revoked, or the subject of an order to cease and desist by the Colorado Public Utilities Commission, Department of Regulatory Agencies, or the Department may cancel the operator's registration when it is established that the operator has violated any of the provisions set forth in part 21 of Article 4 of Title 42, C.R.S.
a. An operator’s registration and access to the Department’s website may be canceled and an operator may not complete searches through the Department’s website for the following reasons:
I. If negative action has been taken by the Colorado Public Utilities Commission against an operator's permit; or,
2. The operator is 45 days or more past due on the payment of their monthly bill to the Department for use of the online Department’s website search application: or,
3. The operator has not completed their annual renewal application with the Department by the deadline specified by the Department.
b. Operators’ who have had their registration and access to the Department’s website cancelled by the Department may request a hearing, in writing, within thirty days after the cancellation is issued. Written hearing requests shall be submitted to the Department of Revenue, Enforcement Unit, Hearings Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214.
c. The hearing shall be held at the Department of Revenue, Enforcement Unit, Hearing Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214. The presiding hearing officer shall be an authorized representative designated by the Executive Director. The Department’s representative need not be present at the hearing unless his or her presence is required by the presiding officer, or requested by the applicant at the time the written request for hearing is submitted. If the Department’s representative is not present at the hearing, any written documents and affidavits submitted by the Department may be considered at the discretion of the hearing officer.