(1) If a vehicle subject to taxation under this article is not registered when required by law, the vehicle owner shall pay a late fee of twenty-five dollars for each month or portion of a month following the expiration of the registration period, or, if applicable, the expiration of the grace period described in section 42-3114 for which the vehicle is unregistered; except that the amount of the late fee shall not exceed one hundred dollars. The late fee shall be due when the vehicle is registered.
(1.5) (a) Notwithstanding the provisions of subsection (1) of this section, the executive director of the department shall promulgate rules in accordance with article 4 of title 24, C.R.S., that establish circumstances in addition to the circumstances described in subsection (3) of this section in which a vehicle owner shall be exempted from paying the late fee described in said subsection (1). The rules shall apply uniformly throughout the state and shall include, but shall not be limited to, exemptions for:
Acts of God and weather-related delays;
Office closures and furloughs;
Temporary registration number plates, tags, or certificates that have expired;(IV) Medical hardships; and
(V) Information technology failures.
The executive director of the department shall also promulgate rules in accordancewith article 4 of title 24, C.R.S., that allow the department or an authorized agent to reduce or waive the late fee that would otherwise be due upon the registration of a trailer that is a commercial or farm vehicle, as part of the normal operation, if the owner can establish, in accordance with criteria specified in the rules, that the trailer was idled so that it was not operated on any public highway in this state for at least a full registration period. Nothing in this paragraph (b) shall be construed to exempt the owner of an idled trailer from paying any fees imposed pursuant to this article other than the late fee before again operating the trailer on a public highway in this state or from paying any taxes imposed pursuant to this article. The owner shall provide to the department or authorized agent a sworn affidavit that states that the trailer has not been operated on the public highways during the period for which it was not registered as required and describes the nature of the business conditions that resulted in the removal of the trailer from service.
The executive director of the department shall consult with the authorized agents inpromulgating the rules required by subsection (1.5)(a) of this section.
(1.7) Notwithstanding the provisions of subsection (1) of this section, on and after July 1, 2010, the amount of the late fee payable by the owner of a vehicle without motive power that weighs sixteen thousand pounds or less or a camper trailer or a multipurpose trailer regardless of its weight, that is subject to taxation under this article, and that is not registered when required by law shall be ten dollars. For purposes of this subsection (1.7), the weight of a trailer of any kind is the empty weight.
Ten dollars of the late registration fee shall be retained by the department or theauthorized agent who registers the motor vehicle. Each authorized agent shall remit to the department no less frequently than once a month, but otherwise at the time and in the manner required by the executive director of the department, the remainder of the late registration fees collected by the authorized agent. The executive director shall forward all late registration fees remitted by authorized agents plus the remainder of the late registration fees collected directly by the department to the state treasurer, who shall credit the fees to the highway users tax fund in accordance with section 43-4-804 (1)(e), C.R.S.
The late fee described in subsection (1) of this section shall not be imposed on avehicle subject to taxation under this article if:
The person who owns the vehicle uses the vehicle in operating a commercial business and, as part of the normal operation of the business, idles the vehicle so that it is not operated on any public highway in this state for at least one full registration period. Nothing in this paragraph (a) shall be construed to exempt the owner of an idled vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article.
The person who owns the vehicle is in the active military service of the United Statesand is serving outside the state when a registration period and grace period for renewal of registration for the vehicle end and the vehicle is not operated on any public highway of the state between the time the registration period and grace period end and the time the vehicle is reregistered. Nothing in this paragraph (b) shall be construed to exempt the owner of such a vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article.
The vehicle registration expired during the period the vehicle was reported stolen.
Source: L. 2005: Entire section amended, p. 395, § 1, effective July 1; entire article amended with relocations, p. 1094, § 2, effective August 8. L. 2009: Entire section amended, (SB 09-108), ch. 5, p. 50, § 7, effective March 2; (3)(c) added, (HB 09-1230), ch. 232, p. 1068, § 5, effective August 5. L. 2010: (1.5) added, (HB 10-1212), ch. 126, p. 419, § 1, effective April 15; (1.7) added, (HB 10-1211), ch. 323, p. 1500, § 1, effective July 1; (1.7) amended, (SB 10198), ch. 377, p. 1771, § 1, effective July 1. L. 2017: (1.5)(c) amended, (HB 17-1107), ch. 101, p. 367, § 13, effective August 9.
Editor's note: (1) This section is similar to former § 42-3-111 as it existed prior to 2005, and portions of the former § 42-3-112 were relocated to §§ 42-3-113, 42-3-209, and 42-3210.
(2) This section was originally numbered as § 42-3-111, and the amendments to it in House Bill 05-1140 were harmonized with § 42-3-112 as it appears in House Bill 05-1107.