HOUSE BILL 971262
BY REPRESENTATIVES McElhany, Lamborn, and Smith;
also SENATORS Ament, Bishop, Mutzebaugh, Perlmutter,
and Powers.
CONCERNING THE MILEAGE AT WHICH A MOTOR VEHICLE IS
DEEMED TO BE A USED MOTOR VEHICLE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 426102
(8) and (16), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
are amended to read:
426102. Definitions.
As used in this part 1, unless the context otherwise requires:
(8) "New vehicle" means any
motor vehicle being transferred for the first time from a manufacturer
or importer, or dealer or agent of a manufacturer or importer,
and which motor vehicle had previously not been used and is what
is commonly known as a new motor vehicle. A motor vehicle which
THAT has been used by a dealer solely for the purpose of demonstration
to prospective customers shall be considered a "new vehicle"
unless such demonstration use has been for more than two
hundred ONE THOUSAND FIVE HUNDRED
miles. Motor vehicles having a gross vehicle weight rating of
sixteen thousand pounds or more shall be exempt from this definition.
(16) "Used vehicle" means any
motor vehicle which
THAT has been sold, bargained, exchanged, or given away, or the
title thereto transferred from the person who first took title
thereto from the manufacturer or importer, dealer, or agent of
the manufacturer or importer, or so used as to have become what
is commonly known as a secondhand motor vehicle. A motor vehicle
which
THAT has been used by a dealer for the purpose of demonstration
to prospective customers shall be considered a "used vehicle"
if such demonstration use has been for more than two
hundred ONE THOUSAND FIVE HUNDRED
miles.
SECTION 2. 426201
(8), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
426201. Definitions.
As used in this part 2, unless the context otherwise requires:
(8) "Used motor vehicle" means
every selfpropelled motor vehicle having a gross weight
of less than sixteen thousand pounds which
THAT has been sold, bargained for, exchanged, given away, leased,
loaned, or driven as a "company executive car" or the
title to which has been transferred from the person who first
acquired it from the manufacturer or importer and it is so used
as to have become what is commonly known as "secondhand"
within the ordinary meaning thereof. A previously untitled motor
vehicle which
THAT has been driven by the dealer for more than two
hundred ONE THOUSAND FIVE HUNDRED
miles, excluding mileage incurred in the transit of the motor
vehicle from the manufacturer to the dealer or from another dealer
to the dealer, shall be considered a "used motor vehicle".
This shall not apply to any automobile manufactured before January
1, 1942.
SECTION 3. Effective
date applicability. (1) This act shall take
effect at 12:01 a.m. on the day following the expiration of the
ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to any existing motor vehicle with a mileage of less than one
thousand five hundred miles on the applicable effective date of
this act and to any motor vehicle manufactured on or after said
date.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO