As used in this article 14.5, unless the context otherwise requires:
(1) "All-terrain vehicle" has the meaning set forth in section 42-6-102.
(1.5) "Dealer" means a person engaged in the business of selling off-highway vehicles at wholesale or retail in this state.
"Direct services" includes, but is not limited to, the activities and expenses associatedwith law enforcement, capital equipment, rescue and first aid equipment, off-highway vehicle facilities, and division and contract services related to clearing parking lots and providing trail maintenance.
"Off-highway vehicle" means any self-propelled vehicle that is designed to travel onwheels or tracks in contact with the ground, designed primarily for use off of the public highways, and generally and commonly used to transport persons for recreational purposes. Except as described in subsection (3)(h) of this section, "off-highway vehicle" includes surplus military vehicles as defined in section 42-6-102. "Off-highway vehicle" does not include the following:
(a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles; (c) Repealed.
Golf carts;
Vehicles designed and used to carry individuals with disabilities;
Vehicles designed and used specifically for agricultural, logging, or mining purposes;
Vehicles registered pursuant to article 3 of title 42; or
A surplus military vehicle, as defined in section 42-6-102 (20.5), that is owned orleased by a municipality, county, or fire protection district, as defined in section 32-1-103 (7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires.
"Off-highway vehicle route" means any road, trail, or way owned or managed by thestate or any agency or political subdivision thereof or the United States for off-highway vehicle travel.
"Owner" means any person, other than a lienholder, having a property interest in anoff-highway vehicle and entitled to the use and possession thereof.
"Possession" means physical custody of an off-highway vehicle by any person or byany owner of a motor vehicle or trailer on or in which an off-highway vehicle is placed for the purpose of transport.
"Staging area" means any parking lot, trail head, or other location to or from whichany off-highway vehicle is transported by truck, trailer, or other motor vehicle so that it may be placed into operation or removed from operation. "Staging area" does not include any location to which an off-highway vehicle is transported primarily for the purpose of service, maintenance, repair, storage, or sale.
Source: L. 89: Entire article added, p. 1361, § 1, effective April 1, 1990. L. 95: (4) amended, p. 340, § 7, effective July 1. L. 2014: (3)(e) amended, (SB 14-118), ch. 250, p. 986, § 23, effective August 6. L. 2018: (1) amended and (1.5) added, (HB 18-1103), ch. 80, p. 670, § 4, effective August 8. L. 2019: IP and IP(3) amended and (3)(c) repealed, (SB 19-054), ch. 364, p. 3358, § 2, effective July 1. L. 2020: IP(3), (3)(f), and (3)(g) amended and (3)(h) added, (SB 20056), ch. 285, p. 1388, § 2, effective July 13.
Cross references: (1) For additional definitions applicable to this article 14.5, see § 3310-102.
(2) For the legislative declaration in HB 18-1103, see section 1 of chapter 80, Session Laws of Colorado 2018.