Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0460.01 MCV SENATE BILL 97­159

STATE OF COLORADO

BY SENATOR Weddig

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING THE IMMOBILIZATION OF MOTOR VEHICLES BECAUSE OF FAILURE TO COMPLY WITH LEGAL REQUIREMENTS, AND, IN CONNECTION THEREWITH, AUTHORIZING A LAW ENFORCEMENT AGENCY TO IMMOBILIZE A VEHICLE IF THE OPERATOR FAILS TO PRODUCE PROOF OF INSURANCE AND A VALID DRIVER'S LICENSE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Authorizes a peace officer to immobilize a motor vehicle if:

$ The operator of the vehicle fails to produce evidence of a complying automobile insurance policy or certificate of self­insurance;

$ The operator of the vehicle fails to produce a valid driver's license;

$ The operator of such vehicle has previously been convicted of an automobile insurance violation; and

$ The immobilization is practical under the circumstances and does not pose a risk to safety.

If a vehicle is immobilized, requires the law enforcement agency to leave the vehicle immobilized for 48 hours or until the vehicle is released to the owner or owner's representative. Allows release only if the owner or owner's representative produces evidence of a complying automobile insurance policy or certificate of self­insurance and a valid driver's license. Imposes a $50 fee for removal of the immobilizing device. Makes the unauthorized removal of an immobilizing device or the unauthorized movement of a motor vehicle that has been immobilized a class 3 misdemeanor.

Authorizes the law enforcement agency to tow an immobilized vehicle as an abandoned vehicle if the owner or the owner's representative does not obtain release of the vehicle within 48 hours. Requires the law enforcement agency to mail a notice to the vehicle owner if a vehicle is towed. Allows release of the vehicle to the owner or owner's representative after towing only if such owner or representative produces evidence of a complying automobile insurance policy or certificate of self­insurance and a valid driver's license and pays for any towing and storage charges. Authorizes the law enforcement agency to sell the vehicle as an abandoned vehicle if the owner or the owner's representative does not obtain release of the vehicle within 30 days after the date of the law enforcement agency's notice to the owner.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 42­4­1409 (3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:

42­4­1409. Compulsory insurance ­ penalty. (3) (a)  When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self­insurance in full force and effect as required by sections 10­4­705 and 10­4­716, C.R.S.

(b) (I)  IF THE OPERATOR OF A MOTOR VEHICLE FAILS TO PROVIDE EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (3) AND FAILS TO PROVIDE A VALID DRIVER'S LICENSE, THE PEACE OFFICER MAY IMMOBILIZE THE MOTOR VEHICLE IF THE PEACE OFFICER DETERMINES THAT:

(A)  THE OPERATOR HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER PARAGRAPH (a) OF THIS SUBSECTION (3) OR UNDER SUBSECTION (1) OR (2) OF THIS SECTION; AND

(B)  IMMOBILIZATION IS PRACTICAL UNDER THE CIRCUMSTANCES AND DOES NOT POSE A RISK TO THE SAFETY OF THE OCCUPANTS OF THE VEHICLE OR TO OTHER MEMBERS OF THE PUBLIC.

(II)  IF A VEHICLE IS IMMOBILIZED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), THE LAW ENFORCEMENT AGENCY SHALL LEAVE THE MOTOR VEHICLE IMMOBILIZED FOR A PERIOD OF FORTY­EIGHT HOURS OR UNTIL THE AGENCY RELEASES THE VEHICLE TO THE OWNER OR THE OWNER'S REPRESENTATIVE, WHICHEVER OCCURS FIRST; EXCEPT THAT SUCH FORTY­EIGHT HOUR PERIOD IS EXTENDED PURSUANT TO SECTION 2­4­108 (2), C.R.S., IF THE DEADLINE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY AND EXCEPT THAT THE LAW ENFORCEMENT AGENCY MAY TOW THE VEHICLE PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH (b) PRIOR TO THE EXPIRATION OF SUCH PERIOD IF CIRCUMSTANCES REQUIRE THAT SUCH VEHICLE BE REMOVED. THE LAW ENFORCEMENT AGENCY MAY NOT RELEASE THE MOTOR VEHICLE TO THE OWNER OR THE OWNER'S REPRESENTATIVE DURING THE PERIOD OF IMMOBILIZATION UNLESS THE OWNER OR THE OWNER'S REPRESENTATIVE PRODUCES EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 10­4­705 AND 10­4­716, C.R.S., AND A VALID DRIVER'S LICENSE. IN ADDITION TO ANY OTHER PENALTY INCURRED BY THE OPERATOR, A FEE OF FIFTY DOLLARS IS IMPOSED FOR THE COST OF REMOVAL OF THE IMMOBILIZING DEVICE. THE OWNER OR THE OWNER'S REPRESENTATIVE IS REQUIRED TO PAY SUCH FEE PRIOR TO REMOVAL OF THE IMMOBILIZING DEVICE.

(III)  A PERSON, OTHER THAN A PERSON AUTHORIZED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY, WHO TAKES ANY OF THE FOLLOWING ACTIONS IS GUILTY OF A CLASS 3 MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­106, C.R.S.:

(A)  REMOVING OR ATTEMPTING TO REMOVE AN IMMOBILIZING DEVICE THAT IS PLACED ON A MOTOR VEHICLE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b); OR

(B)  MOVING OR ATTEMPTING TO MOVE A MOTOR VEHICLE THAT HAS BEEN IMMOBILIZED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (b) BEFORE THE LAW ENFORCEMENT AGENCY RELEASES THE VEHICLE TO THE OWNER OR THE OWNER'S REPRESENTATIVE.

(IV)  IF THE OWNER OF A VEHICLE THAT HAS BEEN IMMOBILIZED OR SUCH OWNER'S REPRESENTATIVE HAS NOT PROVIDED THE EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE AND A VALID DRIVER'S LICENSE WITHIN FORTY­EIGHT HOURS AFTER IMMOBILIZATION, THE MOTOR VEHICLE MAY BE DEEMED TO BE AN ABANDONED VEHICLE. THE LAW ENFORCEMENT AGENCY MAY TOW SUCH ABANDONED VEHICLE UNDER THE REQUIREMENTS OF PART 18 OF THIS ARTICLE AND, IF SUCH VEHICLE IS TOWED, SHALL PROVIDE NOTICE TO THE OWNER PURSUANT TO SECTION 42­4­1804 (4). THE LAW ENFORCEMENT AGENCY MAY NOT RELEASE SUCH VEHICLE TO THE OWNER OR THE OWNER'S REPRESENTATIVE UNLESS THE OWNER OF SUCH VEHICLE OR SUCH OWNER'S REPRESENTATIVE PRODUCES EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 10­4­705 AND 10­4­716, C.R.S., AND A VALID DRIVER'S LICENSE AND PAYS ANY TOWING AND STORAGE CHARGES INCURRED UNDER PART 18 OF THIS ARTICLE. IF THE OWNER OF A VEHICLE OR SUCH OWNER'S REPRESENTATIVE HAS NOT PRODUCED SUCH EVIDENCE AND MADE SUCH PAYMENT WITHIN THIRTY DAYS AFTER THE DATE OF SUCH NOTICE, THE LAW ENFORCEMENT AGENCY MAY SELL SUCH VEHICLE UNDER THE REQUIREMENTS OF SECTION 42­4­1806.

(V)  THE PROCEDURES PROVIDED BY THIS PARAGRAPH (b) ARE INTENDED TO ENSURE THAT MOTOR VEHICLES ARE NOT OPERATED WITHOUT A COMPLYING POLICY OF INSURANCE OR CERTIFICATE OF SELF­INSURANCE AND DO NOT AFFECT THE PENALTIES IMPOSED FOR A VIOLATION UNDER THIS SECTION OR FOR ANY OTHER TRAFFIC VIOLATION COMMITTED BY THE OWNER OR OPERATOR OF A MOTOR VEHICLE.

SECTION 2. 42­4­1802 (1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­4­1802. Definitions. As used in this part 18, unless the context otherwise requires:

(1) "Abandoned motor vehicle" means:

(e)  ANY MOTOR VEHICLE THAT IS IMMOBILIZED FOR LACK OF INSURANCE AND LACK OF A VALID DRIVER'S LICENSE UNDER SECTION 42­4­1409 (3) (b) AND THAT REMAINS IMMOBILIZED FOR MORE THAN FORTY­EIGHT HOURS BECAUSE OF THE FAILURE OF THE OWNER OF THE VEHICLE OR THE OWNER'S REPRESENTATIVE TO PRODUCE EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 10­4­705 AND 10­4­716, C.R.S., AND A VALID DRIVER'S LICENSE; EXCEPT THAT SUCH FORTY­EIGHT HOUR PERIOD IS EXTENDED PURSUANT TO SECTION 2­4­108 (2), C.R.S., IF THE DEADLINE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

SECTION 3. 42­4­1804 (4), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:

42­4­1804. Report of abandoned motor vehicles ­ owner's opportunity to request hearing ­ public tow. (4)  The responsible law enforcement agency, within five working days of the receipt of the report from the department required in subsection (2) of this section, shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim, if any, of a lien under section 42­4­1807 and shall send a copy of such notice to the operator. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from which it was towed, and that, unless claimed within thirty calendar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale. IF A MOTOR VEHICLE IS DEEMED TO BE ABANDONED BECAUSE OF THE FAILURE OF THE OWNER OR THE OWNER'S REPRESENTATIVE TO OBTAIN RELEASE OF THE VEHICLE WITHIN FORTY­EIGHT HOURS AFTER THE VEHICLE WAS IMMOBILIZED UNDER SECTION 42­4­1409 (3) (b), SUCH NOTICE SHALL INFORM THE OWNER OF RECORD THAT THE VEHICLE WILL NOT BE RELEASED UNLESS THE OWNER OR THE OWNER'S REPRESENTATIVE PRODUCES EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF­INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 10­4­705 AND 10­4­716, C.R.S., AND A VALID DRIVER'S LICENSE. Such notice shall also inform the owner of record of the opportunity to request a hearing concerning the legality of the towing of the abandoned motor vehicle, and the responsible law enforcement agency to contact for that purpose. Such request shall be made in writing to the responsible law enforcement agency within ten days of the postmarked date of sending such notice. Such hearing, if requested, shall be conducted pursuant to the provisions of section 24­4­105, C.R.S., if the responsible law enforcement agency is the Colorado state patrol. If a local political subdivision is the responsible law enforcement agency, such hearing shall be conducted pursuant to local hearing procedures. In the event it is determined at the hearing that the motor vehicle was illegally towed, all towing charges and storage fees assessed against the vehicle shall be forgiven.

SECTION 4. 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 offenses committed on or after the applicable effective date of this act.