(1) (a) Unless the owner has obtained a certificate of title for an off-highway vehicle under this article, a person shall not sell the offhighway vehicle and a vehicle dealer shall not purchase the off-highway vehicle; except that the dealer may purchase an off-highway vehicle without a certificate of title if the vehicle has never been titled and was originally purchased in:
Colorado before July 1, 2014; or
A foreign jurisdiction that does not or did not issue certificates of title to offhighway vehicles when purchased.
(b) If an off-highway vehicle dealer purchases an off-highway vehicle without a certificate of title, the dealer shall before finalizing the purchase require the seller to sign an affidavit that:
Is made under penalty of perjury;
States whether the vehicle is subject to a lien interest, and if there is a lienholder, thename of the lienholder;
States that the seller owns the off-highway vehicle;
Indicates how long the seller has owned the off-highway vehicle; and
Contains a warning to the seller that falsifying the affidavit is perjury because theaffidavit is submitted to a public official.
Upon being contacted by a powersports vehicle dealer, a law enforcement agencyshall check the Colorado crime information center computer system to ascertain if the offhighway vehicle has been reported stolen. If the off-highway vehicle has been stolen, the agency shall recover and secure the vehicle and notify its rightful owner. Upon the release of the offhighway vehicle to the owner or lienholder, the agency shall adjust or delete the entry in the Colorado crime information center computer system.
To obtain a title for an off-highway vehicle that an off-highway vehicle dealer purchased without a certificate of title, the dealer must present to the department an affidavit as described in paragraph (b) of this subsection (1), signed by the seller from whom the offhighway vehicle dealer acquired the off-highway vehicle.
A sale or purchase made in violation of this subsection (1) is void.
A current off-highway vehicle registration issued under article 14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title under this part 1 if the off-highway vehicle was first purchased in Colorado before July 1, 2014, and has been registered for at least one year.
Until an off-highway vehicle is issued a certificate of title, the attachment, recording,perfection, priority, renewal, extension, modification, releasing, termination, foreclosure, and any other aspect of a security interest in an off-highway vehicle is governed by the "Uniform Commercial Code", title 4, C.R.S.
Source: L. 2013: Entire section added, (SB 13-280), ch. 407, p. 2396, § 39, effective June 5. L. 2016: (1) and (2) amended, (SB 16-010), ch. 69, p. 175, § 2, effective August 10.