BY SENATORS Arnold, Chlouber, Congrove, Norton, and Powers;
also REPRESENTATIVE Reeser.
CONCERNING AN EXEMPTION FROM EMISSION INSPECTION
REQUIREMENTS FOR THE SALE OF A MOTOR VEHICLE IF SUFFICIENT NOTICE
IS PROVIDED TO THE PURCHASER.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 424304
(3) (d), Colorado Revised Statutes, is amended to read:
424304. Definitions relating
to automobile inspection and readjustment program. As
used in sections 424301 to 424316, unless
the context otherwise requires:
(3) (d) On and after January 1, 1995,
the certification of emissions control shall be obtained by the
seller and transferred to the new owner at the time of vehicle
sale or transfer. THIS PARAGRAPH (d) DOES NOT APPLY TO THE SALE
OF A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE
TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT
OF REVENUE IF THE SELLER OF THE MOTOR VEHICLE PROVIDES A WRITTEN
NOTICE TO THE PURCHASER PURSUANT TO THE REQUIREMENTS OF SECTION
424310 (4).
SECTION 2. 424310
(1) (a) (I), (1) (b) (II) (B), and (1) (b) (II) (C), Colorado
Revised Statutes, are amended, and the said 424310
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
424310. Periodic emissions
control inspection required. (1) (a) (I) Effective
October 1, 1989, no motor vehicle which
THAT is required to be registered in the program area shall be
sold, registered for the first time, or reregistered unless such
vehicle has a valid certification of emissions compliance, emissions
waiver, or emissions exemption, or, beginning January 1, 1995,
if such vehicle has an emissions exemption or certificate of emissions
control and verification of emissions test, certification as required
by the appropriate county. The provisions of this paragraph (a)
shall not apply to motor vehicle transactions at wholesale between
motor vehicle dealers licensed pursuant to article 6 of title
12, C.R.S. THIS SUBPARAGRAPH (I) DOES NOT APPLY TO THE SALE OF
A MOTOR VEHICLE WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF
REVENUE IF THE SELLER OF THE MOTOR VEHICLE PROVIDES A WRITTEN
NOTICE TO THE PURCHASER PURSUANT TO THE REQUIREMENTS OF SUBSECTION
(4) OF THIS SECTION. IF A MOTOR VEHICLE IS EXEMPTED FROM THE
REQUIREMENT FOR OBTAINING A CERTIFICATION OF EMISSIONS CONTROL
PRIOR TO SALE BECAUSE IT IS INOPERABLE OR OTHERWISE CANNOT BE
TESTED, THE NEW OWNER OF THE MOTOR VEHICLE IS REQUIRED TO OBTAIN
A CERTIFICATION OF EMISSIONS CONTROL FOR SUCH MOTOR VEHICLE BEFORE
REGISTERING IT IN THE PROGRAM AREA.
(b) (II) (B) 1982 and newer
model motor vehicles required pursuant to this section to have
a certification of emissions control shall be inspected at the
time of the sale or transfer of any such vehicle and, prior to
registration renewal, shall be issued a certification of emissions
control which
THAT shall be valid for twentyfour months except as provided
under section 424309. THIS SUBSUBPARAGRAPH
(B) DOES NOT APPLY TO THE SALE OF A MOTOR VEHICLE WHICH IS INOPERABLE
OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED
BY THE DEPARTMENT OF REVENUE IF THE SELLER OF THE MOTOR VEHICLE
PROVIDES A WRITTEN NOTICE TO THE PURCHASER PURSUANT TO THE REQUIREMENTS
OF SUBSECTION (4) OF THIS SECTION.
(C) 1981 and older model motor vehicles
required pursuant to this section to have a certification of emissions
control shall be inspected at the time of the sale or transfer
of any such vehicle and, prior to registration renewal, shall
be issued a certification of emissions control which
THAT shall be valid for twelve months. THIS SUBSUBPARAGRAPH
(C) DOES NOT APPLY TO THE SALE OF A MOTOR VEHICLE WHICH IS INOPERABLE
OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED
BY THE DEPARTMENT OF REVENUE IF THE SELLER OF THE MOTOR VEHICLE
PROVIDES A WRITTEN NOTICE TO THE PURCHASER PURSUANT TO THE REQUIREMENTS
OF SUBSECTION (4) OF THIS SECTION.
(4) (a) THE SELLER OF A MOTOR VEHICLE
WHICH IS INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE
WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF REVENUE IS NOT
REQUIRED TO OBTAIN A CERTIFICATION OF EMISSIONS CONTROL PRIOR
TO THE SALE OF THE VEHICLE IF THE SELLER PROVIDES A WRITTEN NOTICE
TO THE PURCHASER PRIOR TO COMPLETION OF THE SALE THAT CLEARLY
INDICATES THE FOLLOWING:
(I) THE VEHICLE DOES NOT CURRENTLY COMPLY
WITH THE EMISSIONS REQUIREMENTS FOR THE PROGRAM AREA;
(II) THE SELLER DOES NOT WARRANT THAT
THE VEHICLE WILL COMPLY WITH EMISSIONS REQUIREMENTS; AND
(III) THE PURCHASER IS RESPONSIBLE FOR
COMPLYING WITH EMISSIONS REQUIREMENTS PRIOR TO REGISTERING THE
VEHICLE IN THE EMISSIONS PROGRAM AREA.
(b) THE DEPARTMENT SHALL PREPARE A FORM
TO COMPLY WITH THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION
(4) AND SHALL MAKE SUCH FORM AVAILABLE TO DEALERS AND OTHER PERSONS
WHO ARE SELLING MOTOR VEHICLES WHICH ARE INOPERABLE OR OTHERWISE
CANNOT BE TESTED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
THE DEPARTMENT OF REVENUE.
(c) IF A MOTOR VEHICLE IS EXEMPTED FROM
THE REQUIREMENT FOR OBTAINING A CERTIFICATION OF EMISSIONS CONTROL
PRIOR TO SALE BECAUSE IT IS INOPERABLE OR OTHERWISE CANNOT BE
TESTED, THE NEW OWNER OF THE MOTOR VEHICLE IS REQUIRED TO OBTAIN
A CERTIFICATION OF EMISSIONS CONTROL FOR SUCH MOTOR VEHICLE BEFORE
REGISTERING IT IN THE PROGRAM AREA.
SECTION 3. Effective
date applicability. This act shall take
effect upon passage and shall apply to motor vehicle transactions
occurring on or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO