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Colorado Colorado State Web Page re New Title Law for OHV's

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Question though...

 

It states in the very first paragraph "creates the ability for OHV and snowmobiles to be titled". Nothing in there is stating it as being mandated and we are forced into titling any of our toys. To me it just sounds like an option to do so, correct? I personally think everyone is over thinking this whole thing. Nothing is being forced down our throats that I can see concerning this. If we dont want a title, then there is no need for one. If we do want a title, they have given us that ability as stated in the paragraph quoted.

 

Am I not seeing something here?

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I think the requirement to title your OHV is only optional for people who owned OHV's prior to July 1, 2014.

 

Look up Colorado Revised Statute 42-6-103.  It says:

 

42-6-103 Application (link provided)

(1) Except as provided in subsection (2) of this section, this part 1 applies to motor vehicles and off-highway vehicles.

(2) This part 1 does not apply to an off-highway vehicle that:

(a) Was first sold or transferred before July 1, 2014, until the off-highway vehicle is sold or transferred to a powersports vehicle dealer after July 1, 2014; or

(b.) Is used exclusively for agricultural purposes on private land.

 

I read the above language to say that if the OHV was sold/purchased after 7/1, then you must title it.  Paragraph (1) clearly says it applies to OHV's and paragraph (2) are the exceptions to that general rule.  This language DOES NOT make it optional for OHV's sold/purchased after 7/1/2014. 

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For more clarity that a title is required for purchases after 7/1/2014, look at this language from our state's new law (its clear):

 

(Link provided)  This requires you to give a title upon sale, because the "purchaser or transferee does not acquire any right, title, or interest in and to a motor or off-highway vehicle purchased by the purchaser or transferee unless and until he or she obtains from the transferor the certificate of title..."

 

42-6-109. Sale or transfer of vehicle
 

(1) Except as provided in section 42-6-113, a person shall not sell or otherwise transfer a motor or off-highway vehicle to a purchaser or transferee without delivering to the purchaser or transferee a certificate of title to the vehicle duly transferred in the manner prescribed in section 42-6-110. Except as provided in subsection (2) of this section, the certificate of title may be in an electronic format. Except as provided in section 42-6-115, a purchaser or transferee does not acquire any right, title, or interest in and to a motor or off-highway vehicle purchased by the purchaser or transferee unless and until he or she obtains from the transferor the certificate of title duly transferred in accordance with this part 1. A lienholder may request either a paper or electronic version of a certificate of title.

(2) Except as provided in section 42-6-115, a paper copy of a certificate of title is necessary for a transaction in which:
(a) Either party to the transaction is located outside Colorado; or
(b.) The purchaser pays for a motor or off-highway vehicle entirely with cash.

 

 

Also, I read 42-6-110 as requiring purchaser to apply for a title within 60 days (see italics and underlined text below) or face a $500 fine (see para. (2) below).

 

42-6-110. Certificate of title - transfer

(1) Upon the sale or transfer of a motor or off-highway vehicle for which a certificate of title has been issued or filed, the person in whose name the certificate of title is registered, if the person is not a dealer, shall execute a formal transfer of the vehicle described in the certificate. The person in whose name the certificate of title is registered or the person's agent or attorney shall affirm the sale or transfer, accompanied by a written declaration that the statement is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or transferee, within sixty days thereafter, shall present the certificate, together with an application for a new certificate of title, to the director or one of the authorized agents, accompanied by the fee required in section 42-6-137 to be paid for the filing of a new certificate of title; except that, if no title can be found and the motor vehicle is not roadworthy, the purchaser or transferee may wait until twenty-four months after the motor vehicle was purchased to apply for a certificate of title.

(2) A person who violates subsection (1) of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

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