1999
BY REPRESENTATIVE Swenson;
also SENATORS Arnold and Weddig.
CONCERNING THE REGULATION OF TOWING CARRIERS THAT
TOW ABANDONED VEHICLES FROM PRIVATE PROPERTY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 4013109,
Colorado Revised Statutes, is amended to read:
4013109. Suspension or
revocation of permit procedure. The
commission, at any time, upon complaint by any interested party,
or upon its own motion, by order duly entered, after hearing upon
notice to the holder of any permit issued under this article,
when it has been established to the satisfaction of the commission
that such holder has violated any of the provisions hereof or
any of the terms and conditions of such permit, or has exceeded
the authority granted by such permit, or has violated or refused
to observe any of the proper orders, rules, or regulations of
the commission, OR HAS VIOLATED ANY OF THE PROVISIONS SET FORTH
IN PART 18 OF ARTICLE 4 OF TITLE 42, C.R.S., may revoke, suspend,
alter, or amend any such permit. The holder of such permit shall
have all the rights of hearing, review, and appeal as to such
order or ruling of the commission as are provided by law. No
appeal from or review of any order or ruling of the commission
shall be construed so as to supersede or suspend such order or
ruling, except upon order of a proper court obtained for such
purpose.
SECTION 2. 4241805
(2), (3) (b) (III), and (4) and the introductory portion to 4241805
(5), Colorado Revised Statutes, are amended to read:
4241805. Abandonment of
motor vehicles private tow. (2) Any
operator having in his or her possession any abandoned motor vehicle
from a private tow shall immediately notify THE DEPARTMENT, the
sheriff, or the sheriff's designee, of the county in which the
motor vehicle is located or the chief of police, or the chief's
designee, of the municipality in which the motor vehicle is located
as to the name of the operator and the location of the impound
lot where the vehicle is located and a description of the abandoned
motor vehicle, including the make, model, color, and year, the
number, issuing state, and expiration date of the license plate,
and the vehicle identification number. Upon such notification,
the law enforcement agency SHALL ASSIGN THE VEHICLE A CASE NUMBER
AND shall ascertain, if possible, whether or not the vehicle has
been reported stolen and, if so reported, such agency shall recover
and secure the motor vehicle and notify its rightful owner and
terminate the abandonment proceedings under this part 18. The
responsible law enforcement agency shall have the right to recover
from the owner its reasonable costs to recover and secure the
vehicle.
(3) (b) The report shall contain
the following information:
(III) A description of the abandoned motor
vehicle, including the make, model, color, and year, the number,
issuing state, and expiration date of the license plate, OR ANY
OTHER INDICIA OF THE MOTOR VEHICLE'S STATE OF ORIGIN, and the
vehicle identification number and a list of the names and addresses
of any known drivers.
(4) Upon its receipt of such report, the department shall search its records, THE RECORDS OF THE ISSUING STATE IF THE VEHICLE IS NOT REGISTERED IN COLORADO, or make other inquires to ascertain, if possible, the lastknown owner of record of the abandoned motor vehicle and any lienholder as those persons are represented in department records. In the event the vehicle is determined by the department not to be registered in the state of Colorado, the report required by this section shall state that no Colorado title record exists regarding the vehicle. Within ten working days of such receipt, the department shall complete its search and shall transmit such report, together with all relevant information thereon, to the operator.
(5) Within five working days of the receipt
of such report from the department, the operator shall notify
by certified mail or by personal delivery to the owner of record
and any lienholder, INCLUDING AN OUTOFSTATE OWNER
OF RECORD AND LIENHOLDER. THE OPERATOR SHALL MAKE ALL REASONABLE
EFFORTS TO ASCERTAIN THE ADDRESS OF THE OWNER OF RECORD AND WHETHER
THERE ARE ANY LIENHOLDERS ON THE VEHICLE. The operator shall
send a copy of the notice by certified mail or by personal delivery
to the responsible law enforcement agency in which the abandoned
motor vehicle is located. Such notice shall contain the following
information:
SECTION 3. 4241806
(2), Colorado Revised Statutes, is amended to read:
4241806. Appraisal of abandoned
motor vehicles sale. (2) (a) Private
tow abandoned motor vehicles or motor vehicles abandoned in an
impound lot subsequent to a private tow shall be appraised and
sold by the operator in a commercially reasonable manner at a
public or private sale held not less than thirty days nor more
than sixty days after the date the notice required by section
4241805 (5) was mailed. SUCH SALE SHALL BE MADE THROUGH
A MOTOR VEHICLE DEALER OR WHOLESALER, OR WHOLESALE MOTOR VEHICLE
AUCTION DEALER LICENSED IN ACCORDANCE WITH SECTION 126108,
C.R.S., OR THROUGH A CLASSIFIED NEWSPAPER ADVERTISEMENT PUBLISHED
IN AT LEAST ONE LEGAL NEWSPAPER IN COLORADO; EXCEPT THAT THIS
REQUIREMENT FOR SUCH SALE SHALL NOT APPLY TO THE SALE OF A VEHICLE
PURSUANT TO SUBSECTION (3) OF THIS SECTION. FOR PURPOSES OF THIS
SUBSECTION (2), A SALE SHALL NOT BE CONSIDERED COMMERCIALLY REASONABLE
IF 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.
(b) EXCEPT AS PROVIDED IN PARAGRAPH (c)
OF THIS SUBSECTION (2), NO OPERATOR SHALL SELL A MOTOR VEHICLE
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2) IF THE OWNER
OF RECORD NOTIFIES THE OPERATOR OF THE OWNER'S INTENT TO CLAIM
THE VEHICLE BY CERTIFIED MAIL OR IN PERSON WITHIN THIRTY CALENDAR
DAYS FROM THE DATE THE NOTICE REQUIRED BY SECTION 4241805
(5) WAS MAILED.
(c) AN OPERATOR WHO RECEIVES NOTIFICATION
FROM AN OWNER PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2)
MAY PROCEED WITH THE SALE OF SUCH VEHICLE IF:
(I) SUCH NOTIFICATION CONTAINS THE OWNER'S
WRITTEN CONSENT FOR THE OPERATOR TO SELL THE VEHICLE; OR
(II) THE OWNER WHO MADE SUCH NOTIFICATION
FAILS TO REDEEM THE VEHICLE WITHIN THIRTY CALENDAR DAYS FROM THE
DATE THE NOTICE REQUIRED BY SECTION 4241805 (5) WAS
MAILED.
(d) NOTHING IN THIS SECTION SHALL PROHIBIT
AN OPERATOR FROM SELLING A MOTOR VEHICLE PURSUANT TO PARAGRAPH
(a) OF THIS SUBSECTION (2) IN THE EVENT THE OPERATOR RECEIVES
NO NOTIFICATION DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION
(2).
(e) NOTHING IN THIS SECTION SHALL REQUIRE
THAT AN OPERATOR MUST BE A LICENSED DEALER PURSUANT TO ARTICLE
6 OF TITLE 12, C.R.S., FOR PURPOSES OF SELLING A MOTOR VEHICLE
PURSUANT TO THIS PART 18.
SECTION 4. 4241807,
Colorado Revised Statutes, is amended to read:
4241807. Liens upon towed
motor vehicles. (1) Whenever
an operator WHO IS REGISTERED WITH THE DEPARTMENT IN ACCORDANCE
WITH SUBSECTION (2) OF THIS SECTION recovers, removes, or stores
a motor vehicle upon instructions from the owner of record thereof
or any other legally authorized person in control of such motor
vehicle, from the owner or lessee of real property upon which
a motor vehicle is illegally parked or the owner's or lessee's
agent authorized in writing, or from any duly authorized law enforcement
agency or peace officer who has determined that such motor vehicle
is an abandoned motor vehicle, such operator shall have a possessory
lien upon such motor vehicle and its attached accessories or equipment
for all costs of recovery, towing, and storage as authorized in
section 4241810 (2) (a). Such lien shall be a first
and prior lien on the motor vehicle, and such lien shall be satisfied
before all other charges against such motor vehicle.
(2) (a) NO OPERATOR SHALL HAVE A
POSSESSORY LIEN UPON A MOTOR VEHICLE DESCRIBED IN SUBSECTION (1)
OF THIS SECTION UNLESS SAID OPERATOR IS REGISTERED WITH THE DEPARTMENT.
SUCH REGISTRATION SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE LOCATION OF THE OPERATOR'S TOW
BUSINESS;
(II) THE HOURS OF OPERATION OF THE OPERATOR'S
TOW BUSINESS;
(III) THE LOCATION OF THE IMPOUND LOT
WHERE VEHICLES MAY BE CLAIMED BY THE OWNER OF RECORD; AND
(IV) ANY INFORMATION RELATING TO A VIOLATION
OF ANY PROVISION CONTAINED IN THIS PART 18 OR OF ANY OTHER STATE
LAW OR RULE RELATING TO THE OPERATION, THEFT, OR TRANSFER OF MOTOR
VEHICLES.
(b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
MAY CANCEL THE REGISTRATION OF ANY OPERATOR IF THE EXECUTIVE DIRECTOR
FINDS, AFTER AFFORDING THE OPERATOR DUE NOTICE AND AN OPPORTUNITY
TO BE HEARD, THAT THE OPERATOR HAS VIOLATED ANY OF THE PROVISIONS
SET FORTH IN THIS PART 18.
SECTION 5. 4241810
(2) (a), Colorado Revised Statutes, is amended to read:
4241810. Proceeds of sale.
(2) (a) The proceeds shall first satisfy the
operator's charges as follows: The OPERATOR'S REASONABLE AND DOCUMENTED
COSTS ARISING FROM THE SALE OF THE MOTOR VEHICLE PURSUANT TO SECTION
4241806 (2) (a) AND THE cost of towing the abandoned
motor vehicle with a maximum charge of
fifty dollars; the mileage for tows of greater than twentyfive
miles one way, to be computed at the rate of one dollar per mile
for each mile in excess of twentyfive miles one way; and
the storage of the abandoned motor vehicle to be charged at the
rate of four dollars per day for a maximum of sixty days
THAT IS SPECIFIED IN RULES PROMULGATED BY THE PUBLIC UTILITIES
COMMISSION THAT GOVERN NONCONSENSUAL TOWS BY TOWING CARRIERS.
In the case of an abandoned motor vehicle weighing in excess
of ten thousand pounds, the provisions of this paragraph (a) shall
not apply and the operator's charges shall be determined by negotiated
agreement between the operator and the responsible law enforcement
agency.
SECTION 6. Effective date. This
act shall take effect July 1, 2000.
SECTION 7.nbsp; 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.
____________________________ ____________________________
Russell George Ray Powers
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Bill Owens
GOVERNOR OF THE STATE OF COLORADO