DEPARTMENT of Revenue
Division of Motor Vehicles – Title and Registration Sections
1 CCR 204-10
RUle 12. VEHICLES OBTAINING RECORDS for abandoned ON PRIVATE PROPERTY MOTOR VEHICLES
Basis: This regulation rule is promulgated under the authority of section 42-1-204, C.R.S., Part 18 of Article 4 of Title 42, and Part 21 of Article 4 of Title 42, C.R.S.
Purpose: The following This rules and regulations are is promulgated to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on private property for obtaining records and accessing the Department Website for Abandoned Motor Vehicles.
1.0 Definitions
1.1 “Abandoned Motor Vehicle” for the purpose of this rule includes either or both abandoned motor vehicle on private property defined in section 42-4-2102(1), C.R.S., and abandoned motor vehicle on public property defined in section 42-4-1802(1), C.R.S., as the context of the rule requires.
1.2 “Department Website” means the Colorado Department of Revenue, Title and Registration Section website for acquiring ownership or lienholder information for abandoned vehicles.
1.3 “National Database” means an electronic system that allows the Department to obtain motor vehicle identification numbers, vehicle registration numbers, license plate numbers, and owner(s) and lienholder(s) name and contact information from the motor vehicle records of other states.
1.4 “Operator” has the same meaning as defined in sections 42-4-1802(7) and 42-4-2102(5), C.R.S.
1.5 “Private Tow” means the removal of an Abandoned Motor Vehicle on private property by an Operator pursuant to section 42-4-2103, C.R.S.
1.6 “Public Tow” means the removal of an Abandoned Motor Vehicle on public property in accordance with section 42-4-1803, C.R.S.
1.7 “Towing Law Enforcement Agency” means a law enforcement agency that performs a Public Tow under its own authority.
2.0 Operator and Towing Law Enforcement Agency Registration, Department Website, and National Database
2.1 Only Operators and Towing Law Enforcement Agencies registered with the Department may utilize the Department Website. To register, an Operator must submit a DR 2099 Tow Carrier Registration form, and a Towing Law Enforcement Agency must submit a DR 2586 Law Enforcement Registration form.
2.2 Operators and Towing Law Enforcement Agencies must renew their Department Website registration annually, as directed in the Department’s renewal notification.
2.3 An Operator must attempt to obtain the motor vehicle owner(s) and lienholder(s), name and contact information by submitting a DR 2489A Motor Vehicle Requestor Release Affidavit of Intended Use form with payment to the Department, or by performing a record search through the Department Website.
2.4 An Operator will be invoiced monthly for each Colorado record search completed through the Department Website.
2.5 An accurately completed DR 2008 Public Tow Vehicle Information Request form and DR 2008A Private Tow Vehicle Information Request form submitted with the title application filed upon sale of the motor vehicle is prima facie proof that the owner/lienholder notification and search requirements are satisfied.
2.6 The Department may cancel an Operator’s registration and access to the Department Website pursuant to sections 42-4-1806(2)(b), 42-4-2105(2)(b), C.R.S., and for any violation of Part 18 of Article 4 of Title 42 or Part 21 of Article 4 of Title 42, C.R.S., or this Rule, including but not limited to the following:
a. The Operator’s permit to operate as a towing carrier has been suspended, cancelled, or revoked by the Department of Regulatory Agencies, Public Utilities Commission.
b. Being forty-five days or more past due on a monthly payment to the Department for use of the Department Website.
c. Obtaining or using records for any purpose not authorized by this rule or Colorado Revised Statutes.
d. Failing to timely file an annual registration renewal for access to the Department Website.
3.0 Abandoned Motor Vehicle Record Search
3.1 A Colorado record search must be performed on all Abandoned Motor Vehicles, regardless of whether the vehicle has Colorado license plates, by submitting a DR 2489A Motor Vehicle Requestor Release Affidavit of Intended Use form or by using the Department Website.
3.2 A National Database record search must be performed if:
a. The Colorado record search results in “no record found”.
b. The Abandoned Motor Vehicle displays visual indicators that it is an out-of-state motor vehicle (e.g., another state’s license plate or registration number).
3.3 A National Database record search is performed by completing the DR 2489A Motor Vehicle Requestor Release Affidavit of Intended form with payment. An Operator may request the National Database record search at the same time as the Colorado record search if payment for both is remitted at the same time. Where the Colorado record search results in a motor vehicle record found, the Department will not perform a National Database search and will not refund the payment for the National Database record search.
4.0 Operator Access to Department Website and Records Cancelled - Hearing
4.1 Access Cancelled Due to Department of Regulatory Agencies, Public Utilities Commission Actions.
a. The Department will notify and cancel an Operator’s access to the Department Website immediately upon receiving a final decision notice that the Operator’s towing carrier license issued by the Department of Regulatory Agencies, Public Utilities Commission has been cancelled in accordance with sections 24-4-104 and 24-4-105, C.R.S.
b. An Operator whose access to the Department Website or records is cancelled may request a hearing, in writing, within thirty days after the notice of cancellation is issued. Written hearing requests must be submitted to the Department of Revenue, Hearings Division.
c. The hearing will be held at the Department of Revenue, Hearings Division. 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 Operator 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.
d. The sole issue at hearing will be whether the Department of Regulatory Agencies, Public Utilities Commission issued a final decision revoking the Operator’s towing carrier license.
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 claim the vehicle before the end of the notification period, the operator may execute a commercially reasonable sale. The operator may set the sales price to any value that he/she determines.
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,