As used in this part 4, unless the context otherwise requires:
"ANSI/SVIA-1-2001" means the American national standards institute's, or its successor organization's, provisions for four-wheel all-terrain vehicles, equipment configuration, and performance requirements, developed by the specialty vehicle institute of America, or its successor organization.
"Board" means the motor vehicle dealer board.
"Consumer" means a purchaser, renter, or lessee of a powersports vehicle that isprimarily used for business, personal, family, or household purposes. "Consumer" does not include a purchaser of powersports vehicles primarily for resale.
"Custom trailer" means a vehicle that is not driven or propelled by its own power andis designed to be attached to, become a part of, or be drawn by a motor vehicle and that is uniquely designed and manufactured for a specific purpose or customer. "Custom trailer" does not include manufactured housing, farm tractors, and other machines and tools used in the production, harvest, and care of farm products.
"Director" means the director of the auto industry division created in section 44-20105.
"Franchise" means the authority to sell or service and repair powersports vehicles ofa designated line-make granted through a sales, service, and parts agreement with a manufacturer, distributor, or manufacturer representative.
"Line-make" means a group or series of powersports vehicles that have the samebrand identification or brand name, based upon the powersports vehicle manufacturer's trademark, trade name, or logo.
"New powersports vehicle" mean a powersports vehicle that has been transferred ona manufacturer's statement of origin and for which an ownership registration card has been submitted by the original owner to the powersports vehicle manufacturer.
"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. "Off-highway vehicle" does not include the following:
Military vehicles;
Golf carts;
Vehicles designed and used to carry persons with disabilities; and
Vehicles designed and used specifically for agricultural, logging, or mining purposes.
"Personal watercraft" means a motorboat that is designed to be operated by a personsitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and that is designed primarily for use off of the public highways, and that uses either of the following as the primary source of motive power: (a) An inboard motor powering a water jet pump; or (b) An outboard motor-driven propeller.
"Powersports vehicle" means any of the following:
(a) An off-highway vehicle; (b) A personal watercraft; or (c) A snowmobile.
(12) "Powersports vehicle dealer" means a person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, leases, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used powersports vehicles or who is engaged wholly or in part in the business of selling or leasing new or new and used powersports vehicles, whether or not the powersports vehicles are owned by the person. The sale or lease of ten or more new or new and used powersports vehicles or the offering for sale or lease of more than ten new or new and used powersports vehicles at the same address or telephone number in any one calendar year shall be prima facie evidence that a person is engaged in the business of selling or leasing new or new and used powersports vehicles. "Powersports vehicle dealer" includes an owner of real property who allows more than ten new or new and used powersports vehicles to be offered for sale or lease on the property during one calendar year unless the property is leased to a licensed powersports vehicle dealer. "Powersports vehicle dealer" does not include:
Receivers, trustees, administrators, executors, guardians, or other persons appointedby or acting under the judgment or order of any court;
Public officers while performing their official duties;
Employees of persons enumerated in the definition of "powersports vehicle dealer"when engaged in the specific performance of their duties as employees;
A wholesaler or anyone selling powersports vehicles solely to wholesalers; or(e) A wholesale motor vehicle auctioneer.
"Powersports vehicle distributor" means a person, resident or nonresident, who, inwhole or in part, sells or distributes new powersports vehicles to powersports vehicle dealers or who maintains powersports vehicle distributor representatives.
"Powersports vehicle manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new powersports vehicles.
"Powersports vehicle manufacturer representative" means a representative employed by a person who manufactures or assembles powersports vehicles for the purpose of making or promoting the sale of the person's powersports vehicles or for supervising or contacting its dealers or prospective dealers.
"Powersports vehicle salesperson" means a natural person who, for a salary, commission, or compensation of any kind, is employed either directly or indirectly, regularly or occasionally, by a powersports vehicle dealer to sell, lease, purchase, or exchange or to negotiate for the sale, lease, purchase, or exchange of powersports vehicles.
"Principal place of business" means a site or location for which the powersportsvehicle dealer is licensed, sufficiently designated to admit of definite description, with space thereon or contiguous thereto adequate to permit the display of one or more new or used powersports vehicles, and including a permanent enclosed building or structure to accommodate the office of the dealer and to provide a safe place to keep the books and other records of the business of the dealer, at which site or location the principal portion of the dealer's business shall be conducted and the books and records thereof kept and maintained; except that a dealer may keep its books and records at an off-site location in Colorado after notifying the board in writing of the location at least thirty days in advance. Motor vehicle and used motor vehicle dealers shall be authorized to offer both motor vehicles and powersports vehicles from the same principal place of business. In the case of motor vehicle dealers, the principal place of business shall be at the address set forth in the dealer's sales agreement.
"Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off of the public highways. "Snowmobile" shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes.
"Used powersports vehicle" means a powersports vehicle that is not a new powersports vehicle.
"Used powersports vehicle dealer" means any person who, for commission or withintent to make a profit or gain of money or other thing of value, sells, exchanges, leases, or offers an interest in used powersports vehicles, or attempts to negotiate a sale or lease of new and used powersports vehicles or who is engaged wholly or in part in the business of selling used powersports vehicles, whether or not the used powersports vehicles are owned by the person. The sale of ten or more used powersports vehicles or the offering for sale of more than ten used powersports vehicles at the same address or telephone number in any one calendar year shall be prima facie evidence that a person is engaged in the business of selling used powersports vehicles. "Used powersports vehicle dealer" includes an owner of real property who allows more than ten used powersports vehicles to be offered for sale on the property during one calendar year unless the property is leased to a licensed used powersports vehicle dealer. "Used powersports vehicle dealer" does not include:
Receivers, trustees, administrators, executors, guardians, or other persons appointedby or acting under the judgment or order of any court;
Public officers while performing their official duties;
Employees of used powersports vehicle dealers when engaged in the specific performance of their duties;
Anyone selling powersports vehicles solely to wholesalers;
Mortgagees or secured parties as to powersports vehicles constituting collateral on amortgage or security agreement, if the mortgagees or secured parties shall not realize for their own account from the sales any money in excess of the outstanding balance secured by the mortgage or security agreement, plus costs of collection; or (f) A motor vehicle auctioneer.
(21) "Wholesaler" means a person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, or offers or attempts to negotiate a sale, lease, or exchange of an interest in a new or new and used powersports vehicle solely to powersports vehicle dealers or used powersports vehicle dealers.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 95, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-502 as it existed prior to 2018.
Cross references: For additional definitions applicable to this part 4, see § 44-20-102.