Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0365.01 Jery Payne x2157 HOUSE BILL 16-1029 HOUSE SPONSORSHIP Becker J., SENATE SPONSORSHIP Cooke, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning authorization to drive a kei vehicle on public roadways if the kei vehicle is registered with the state. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Transportation Legislation Review Committee. The bill authorizes a person to drive a kei vehicle on a roadway if it is registered with the division of motor vehicles. A person must be licensed to drive a kei vehicle. The registration costs $15, specific ownership tax is $3, and the kei vehicle is issued a license plate. Kei vehicles must follow the rules of the road and cannot be driven on limited-access highways or roads with a speed limit that is greater than 55 miles per hour. Kei vehicles must have insurance. To be used on the road, a kei vehicle must have, in good working order: Brakes; Headlamps and tail lights; Turn signals; A windshield and windshield wipers; Rear-view mirrors; and Seatbelts. The bill provides for titling kei vehicles as off-highway vehicles. The bill also clarifies that a dealer in kei vehicles has to be licensed, but current dealers are exempt. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-1-102, add (45.3) as follows: 42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires: (45.3) (a) "Kei vehicle" means a vehicle, including a truck or van, that: (I) Is powered by an internal combustion engine with a displacement of one thousand cubic centimeters or less or an electrical motor of fifty-six thousand watts or less; (II) Is sixty-seven inches or less in width; (III) Has an empty weight of two thousand pounds or less; (IV) Travels on four or more tires; (V) Has a top speed of approximately fifty-five miles per hour; (VI) Is equipped with a compartment that is at least twenty-four inches by fifty inches or a bed for hauling; (VII) Has an enclosed passenger cab; and (VIII) Is not sold in the United States for operation on roadways. (b) "Kei vehicles" are also known as "kei trucks", "microtrucks", "minitrucks", and "utility transportation vehicles". (c) A kei vehicle is not a motor vehicle. SECTION 2. In Colorado Revised Statutes, 42-1-210, amend (1) (a) as follows: 42-1-210. County clerk and recorders and manager of revenue or other appointed official as agents - legislative declaration - fee. (1) (a) The county clerk and recorder in each county in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and, in the city and county of Denver, the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of motor vehicles are hereby designated as the authorized agents of the department for the administration of the provisions of articles 3 and 6 of this title relating to registrations of motor vehicles in such counties; and for the enforcement of the provisions of section 42-6-139 relating to the registering and titling of motor vehicles in such counties; and for the enforcement of the provisions of section 38-29-120, C.R.S., relating to the titling of manufactured homes; but any such authorized agent in a county has the power to appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor vehicle licenses and shall retain for the purpose of defraying such expenses, including mailing, a sum equal to four dollars per paid motor vehicle registration, and kei vehicle registration, registration requiring a metallic plate, plates, individual temporary registration number plates, or validation tab or sticker as provided in section 42-3-201. This fee of four dollars shall apply to every registration of a motor vehicle that is designed primarily to be operated or drawn on any highway of this state or kei vehicle, except such vehicles as are specifically exempted from payment of any registration fee by the provisions of article 3 of this title, and shall be in addition to the annual registration fee prescribed by law for such vehicle. The fee of four dollars, when collected by the department, shall be credited to the same fund as registration fees collected by the department. The county clerk and recorders, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of motor vehicles in the city and county of Denver so designated as the authorized agents of the department, as provided in this section, shall serve as such authorized agents under the provisions of this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title. SECTION 3. In Colorado Revised Statutes, 42-1-211, amend (2) as follows: 42-1-211. Colorado state titling and registration system. (2) There is hereby created the Colorado state titling and registration account in the highway users tax fund for the purpose of providing funds for the development and operation of the Colorado state titling and registration system, including: Operations performed under article 6 of this title; the registration of kei vehicles; and to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604. Moneys received from the fees imposed by section 38-29-138 (1), (2), (4), and (5), C.R.S., and sections 42-1-206 (2) (a), 42-3-107 (22), 42-3-213 (1) (b) (IV), 42-6-137 (1), (2), (4), (5), and (6), and 42-3-304 (18) (d) 42-3-213 (1) (b) (IV), 42-3-304 (18) (d), 42-3-315, and 42-6-137 (1), (2), (4), (5), and (6), as well as any moneys received through gifts, grants, and donations to the account from private or public sources for the purposes of this section, shall be credited by the state treasurer to the Colorado state titling and registration account. The general assembly shall appropriate annually the moneys in the Colorado state titling and registration account for the purposes of this subsection (2). If any unexpended and unencumbered moneys remain in the account at the end of a fiscal year, the balance remains in the fund and is not transferred to the general fund or any other fund. SECTION 4. In Colorado Revised Statutes, 42-2-103, add (2.5) as follows: 42-2-103. Motorcycles - low-power scooters - kei vehicles - driver's license required. (2.5) A person shall not drive a kei vehicle on a roadway unless the person possesses a valid driver's license. SECTION 5. In Colorado Revised Statutes, 42-3-103, add (6) as follows: 42-3-103. Registration required - exemptions - rules. (6) (a) A person shall not drive a kei vehicle on a roadway unless the owner registers the kei vehicle with the department or the kei vehicle is being used as authorized by section 33-14.5-108, C.R.S. The registration expires annually if ownership of the kei vehicle is not transferred to another person or upon transfer if ownership of the kei vehicle is transferred to another person. (b) A kei vehicle is not subject to any motor vehicle registration fee unless the fee is expressly authorized for a kei vehicle by article 3 of this title. (c) When registering a kei vehicle, the owner shall, in accordance with section 42-3-105, show proof of insurance or sign a statement of nonuse. (d) A violation of this subsection (6) is a class B traffic infraction. SECTION 6. In Colorado Revised Statutes, 42-3-107, add (29) as follows: 42-3-107. Taxable value of classes of property - rate of tax - when and where payable - department duties - apportionment of tax collections - definitions - rules - repeal. (29) The annual specific ownership tax for a kei vehicle is the same as for class C personal property. SECTION 7. In Colorado Revised Statutes, 42-3-201, amend (1) (a) (I) (E) and (1) (a) (I) (F); and add (1) (a) (I) (G) as follows: 42-3-201. Number plates furnished - style - periodic reissuance - tabs - rules. (1) (a) (I) The department shall issue to every owner whose vehicle is registered two number plates; except that the department shall issue one number plate for the following: (E) An item of special mobile machinery; or (F) An autocycle; or (G) A kei vehicle. SECTION 8. In Colorado Revised Statutes, 42-3-202, amend (1) (a) as follows: 42-3-202. Number plates to be attached. (1) (a) The owner shall attach the number plates assigned to a self-propelled vehicle, other than a motorcycle, autocycle, kei vehicle, or street rod vehicle, to the vehicle with one in the front and the other in the rear. The owner shall attach the number plate assigned to a motorcycle, autocycle, kei vehicle, street rod vehicle, trailer, semitrailer, other vehicle drawn by a motor vehicle, or special mobile machinery to the rear of the vehicle. The owner shall display number plates during the current registration year, except as otherwise provided in this article. SECTION 9. In Colorado Revised Statutes, 42-3-203, amend (3) (a) (I) and (3) (b) as follows: 42-3-203. Standardized plates - rules. (3) (a) (I) The department may issue individual temporary registration number plates and certificates good for a period not to exceed sixty days upon application by an owner of a motor vehicle or kei vehicle, or the owner's agent, and the payment of a registration fee of two dollars, one dollar and sixty cents to be retained by the authorized agent or department issuing the plates and certificates and the remainder to be remitted monthly to the department to be transmitted to the state treasurer for credit to the highway users tax fund. (b) The department may issue to licensed motor vehicle dealers and powersports vehicle dealers temporary registration number plates and certificates in blocks of twenty-five upon payment of a fee of six dollars and twenty-five cents for each block of twenty-five. The department shall transmit any money it receives from this sale to the state treasurer for credit to the highway users tax fund and allocation and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S. The department may promulgate rules creating a system for the dealer to: (I) Print on the temporary plates the temporary registration number, vehicle identification number, and other information required by the department; and (II) Print temporary registration certificates with the information required by the department. SECTION 10. In Colorado Revised Statutes, 42-3-301, amend (1) (a) as follows: 42-3-301. License plate cash fund - license plate fees. (1) (a) In addition to the payment of any fees for motor vehicle registration or for the issuance of license plates, decals, or validating tabs, each owner of a motor vehicle or kei vehicle issued a license plate, decal, or validating tab for a motor vehicle pursuant to under this article shall also pay a fee to cover the direct costs of such the plates, decals, or tabs. The amount of the fee imposed pursuant to this section shall be as specified in paragraph (b) of subsection (2) of this section. SECTION 11. In Colorado Revised Statutes, add 42-3-315 as follows: 42-3-315. Kei vehicle registration fee. The owner shall pay a fifteen-dollar fee to register a kei vehicle with the department. The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado state titling and registration account created in section 42-1-211 (2). SECTION 12. In Colorado Revised Statutes, add 42-4-109.7 as follows: 42-4-109.7. Kei vehicles - rules. (1) A person driving a kei vehicle upon a roadway has all of the rights and is subject to all of the duties of a driver of a motor vehicle under articles 1 to 4 of this title except those provisions of this article that by their nature have no application. Unless the statute setting forth a penalty for violation of a duty specifies that the penalty applies to a kei vehicle, a violation of any duty imposed under articles 1 to 4 of this title is a class B traffic infraction. (2) (a) (I) Except as prohibited by this section and section 42-3-103, a person may drive a kei vehicle on a roadway that has a speed limit of fifty-five miles per hour or less. (II) Prohibiting a person from driving a kei vehicle on a roadway does not prohibit the person from driving across the roadway at an at-grade intersection with an authorized roadway. (b) A person shall not drive a kei vehicle on a limited-access highway. (3) A violation of this section is a class B traffic infraction. SECTION 13. In Colorado Revised Statutes, add 42-4-242 as follows: 42-4-242. Equipment - kei vehicles. (1) A person shall not drive a kei vehicle on a roadway unless the vehicle is equipped with the following in good working order: (a) Brakes that enable the operator to make the wheels skid on dry, level, and clean pavement; (b) A head lamp aimed and sufficiently intense to reveal persons and vehicles at night at a distance of one hundred feet ahead on a straight, level road; (c) Two tail lights that emit a red light when the head lamps are lighted and that are: (I) Visible from a distance of five hundred feet to the rear; (II) Mounted on the rear of the vehicle on the same level and as widely spaced laterally as practicable; and (III) Located at a height of not more than seventy-two inches nor less than twenty inches off the ground; (d) Lamps on the front and rear of the vehicle that indicate an intention to turn either to the right or to the left by flashing the lamp on and off and that: (I) Are located on the same level and as widely spaced laterally as practicable; (II) Display a white or amber light on the front; and (III) Display red, orange, or amber light on the rear; (e) Safety glazing material at the front of the vehicle so as to serve as a windshield and as eye protection for the driver; (f) A device controlled by the driver of the vehicle for cleaning moisture from the windshield; (g) A mirror that reflects to the driver an unobstructed view of the roadway for at least two hundred feet behind the rear of the vehicle; (h) Safety belts for each passenger of the vehicle; and (i) A horn. (2) A violation of this section is a class B traffic infraction. SECTION 14. In Colorado Revised Statutes, 42-4-1409, amend (2), (3) (a), and (5) as follows: 42-4-1409. Compulsory insurance - penalty - legislative intent. (2) No A person shall operate not drive a motor vehicle, kei vehicle, or low-power scooter on the a public highways of this state roadway without a complying policy or certificate of self-insurance in full force and effect as required by law. (3) (a) When an accident occurs or when requested to do so following any lawful a traffic contact or during any a traffic investigation by a peace officer, an owner or operator the driver of a motor vehicle, kei vehicle, or low-power scooter shall immediately present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (5) Testimony of the failure of any an owner or operator of a motor vehicle, kei vehicle, or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute is prima facie evidence at a trial concerning a violation charged under subsection (1) or (2) of this section that such the owner or operator of a motor vehicle violated subsection (1) or (2) of this section. SECTION 15. In Colorado Revised Statutes, 42-6-102, amend (6.5), (11.5) (a) (III), and (11.5) (b) introductory portion; and add (6.6) as follows: 42-6-102. Definitions. As used in this part 1, unless the context otherwise requires: (6.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin. "Kei vehicle" has the meaning set forth in section 42-1-102. (6.6) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin. (11.5) (a) "Off-highway vehicle" means a self-propelled vehicle that is: (III) Generally and commonly used to transport persons for recreational or occupational purposes. (b) "Off-highway vehicle" includes vehicles commonly known as all-terrain vehicles, kei vehicles, and snowmobiles but does not include: SECTION 16. In Colorado Revised Statutes, 42-6-148, amend (2) as follows: 42-6-148. Off-highway vehicles - sales. (2) (a) A current off-highway vehicle registration issued under article 14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title under this part 1. (b) If a kei vehicle does not have a manufacturer's vehicle identification number, the department may issue a certificate of title based upon: (I) A manufacturer's statement of origin; (II) A physical inspection in accordance with section 42-6-107 (1) (b); (III) A bill of sale; or (IV) (A) A manufacturer's certificate, importer's certificate, or export certificate for a kei vehicle; and (B) An affidavit by the owner affirming ownership. SECTION 17. In Colorado Revised Statutes, 10-4-601, amend (6) and (10) introductory portion; and add (5.3) as follows: 10-4-601. Definitions. As used in this part 6, unless the context otherwise requires: (5.3) "Kei vehicle" has the meaning set forth in section 42-1-102, C.R.S. (6) "Motor vehicle" or "automobile" means a motor vehicle, and a low-power scooter, or a kei vehicle as both terms are each term is defined in section 42-1-102, C.R.S.; except that "motor vehicle" or "automobile" does not include a toy vehicle, kei vehicle, snowmobile, other off-highway vehicle, or vehicle designed primarily for use on rails. (10) "Policy" means an automobile a motor vehicle insurance policy providing coverage for all or any of the following coverages: Collision, comprehensive, bodily injury liability, property damage liability, medical payments, and uninsured motorist coverage, or a combination automobile motor vehicle policy providing bodily injury liability, property damage liability, medical payments, uninsured motorist, and physical damage coverage, delivered or issued for delivery in this state, insuring a single individual, or husband and wife, married spouses, or family members residing in the same household, as the named insured, and under which the insured vehicles therein designated in the policy are of the following types only: SECTION 18. In Colorado Revised Statutes, 12-6-502, amend (10); and add (5.7) as follows: 12-6-502. Definitions. As used in this part 5, unless the context otherwise requires: (5.7) "Kei vehicle" has the meaning set forth in section 42-1-102, C.R.S. (10) "Powersports vehicle" means any of the following: (a) An off-highway vehicle; (b) A personal watercraft; or (c) A snowmobile; or (d) A kei vehicle. SECTION 19. In Colorado Revised Statutes, 12-6-523, amend (2) as follows: 12-6-523. Unlawful acts. (2) (a) Except as provided by subsection (b) of this subsection (2), it is unlawful for a person to act as a wholesaler, powersports vehicle dealer, used powersports vehicle dealer, powersports vehicle manufacturer, powersports vehicle distributor, powersports vehicle manufacturer representative, or powersports vehicle salesperson unless the person has been duly licensed under the provisions of this part 5. (b) A person who was in the business of selling kei vehicles before July 1, 2015, may continue to sell kei vehicles so long as the person continues to operate the business. SECTION 20. In Colorado Revised Statutes, 33-14.5-101, amend (3) introductory portion, (3) (d), and (3) (g) as follows: 33-14.5-101. Definitions. As used in this article, unless the context otherwise requires: (3) "Off-highway vehicle" means any a self-propelled vehicle which that is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. "Off-highway vehicle" does not include: the following: (d) Golf carts cars; (g) Motor vehicles registered pursuant to under article 3 of title 42, C.R.S. SECTION 21. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to registrations made and offenses committed on or after January 1, 2017.