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LEGISLATIVE STATUTES
Title 33, Article 14.5
Off-Highway Vehicles
Effective July 1, 2008
33-6-124 - Use of a motor vehicle or aircraft
(4) (a) Except as otherwise provided in paragraph (d) of this subsection (4), it is unlawful for a person to operate a motor vehicle on any federal public land, trail, or road unless the federal public land, trail, or road is signed or otherwise authorized for such use. Enforcement of this section within an administrative unit of federal public land shall not commence until the controlling land management agency identifies whether a route is available for motorized travel by maps, route markers, or signs that are available to the public and provide information to determine whether the route is authorized. Except for violations occurring within a federal wilderness area, a person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and, if the person was engaged in the act of hunting, fishing, trapping, or a related activity at the time of the unlawful activity, by a penalty of ten license suspension points. A person who violates this paragraph (a) within a federal wilderness area is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and, if the person was engaged in the act of hunting, fishing, trapping, or a related activity at the time of the unlawful act, by a penalty of fifteen license suspension points.
(b) A person who, without authorization, removes, defaces, or destroys any sign that is located on federal public land that affects whether motor vehicle travel is authorized that was installed by the controlling land management agency or installs a sign located on federal public land that affects whether motor vehicle travel is authorized is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and, if the person was engaged in the act of hunting, fishing, or trapping, or a related activity at the time of the unlawful activity, by a penalty of five suspension points.
(c) A peace officer may enforce this subsection (4).
33-14.5-101 - Definitions.
As used in this article, unless the context otherwise requires:
(1) "Dealer" means a person engaged in the business of selling off-highway vehicles at wholesale or retail in this state.
(2) "Direct services" includes, but is not limited to, the activities and expenses associated with 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.
(3) "Off-highway vehicle" means any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. "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) Military vehicles;
(d) Golf carts;
(e) Vehicles designed and used to carry disabled persons;
(f) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or
(g) Vehicles registered pursuant to article 3 of title 42, C.R.S.
(4) "Off-highway vehicle route" means any road, trail, or way owned or managed by the state or any agency or political subdivision thereof or the United States for off-highway vehicle travel.
(5) "Owner" means any person, other than a lienholder, having a property interest in an off-highway vehicle and entitled to the use and possession thereof.
(6) "Possession" means physical custody of an off-highway vehicle by any person or by any owner of a motor vehicle or trailer on or in which an off-highway vehicle is placed for the purpose of transport.
(7) "Staging area" means any parking lot, trail head, or other location to or from which any 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.
33-14.5-102 - Off-highway vehicle registration - fees - applications - requirements - exemptions.
(1) (a) On and after April 1, 1990, except as provided in subsection (6) of this section, no person shall operate, nor have in his possession at any staging area, any off-highway vehicle within the state unless such off-highway vehicle has been registered and numbered in accordance with the provisions of this article. The division is authorized to assign identification numbers and register off-highway vehicles.
(b) The division shall employ off-highway vehicle agents, including dealers and licensing agents serving as such for the division of wildlife, for off-highway vehicle registration pursuant to the provisions of section 33-12-104. Upon receiving a registration application, an agent shall collect the fee specified pursuant to section 33-10-111 (5) and issue a temporary registration and shall forward the application to the division, which shall issue the registration. An agent may retain a commission of not in excess of one dollar, as authorized by the division, for each registration issued. Any off-highway dealer is authorized to issue a temporary registration when a person purchases an off-highway vehicle from such dealer.
(2) (a) Every dealer shall require a purchaser of an off-highway vehicle to complete a registration application and pay the registration fee before the vehicle leaves the dealer's premises, except for those off-highway vehicles purchased for use exclusively outside of this state.
(b) Each off-highway vehicle owned by a lessor for rental purposes shall be registered pursuant to this article upon the payment of a registration fee, as provided in paragraph (a) of subsection (3) of this section.
(3) (a) For each year, or portion thereof, beginning April 1 and ending the following March 31, the original and each renewal registration fee by an owner shall be the fee specified pursuant to section 33-10-111 (5).
(b) The fee for the replacement of a lost, mutilated, or destroyed registration certificate shall be the fee specified in section 33-12-101.
(4) (a) For each year, or portion thereof, beginning April 1 and ending the following March 31, for which such registration is made, the registration fee for all off-highway vehicles owned by a dealer or manufacturer and operated solely for demonstration or testing purposes shall be a fee specified pursuant to section 33-10-111 (5).
(b) Dealer and manufacturer registrations are not transferable and shall be distinguished from the registration required for owners.
(5) A registration certificate shall be issued without the payment of a fee for any off-highway vehicle owned by the state of Colorado or a political subdivision thereof upon application therefore.
(6) No registration under this article is required for any:
(a) Off-highway vehicle owned by any agency of the United States or another state or a political subdivision thereof when such ownership is clearly displayed on such vehicle;
(b) Off-highway vehicle owned by a resident of another state or country if such off-highway vehicle is covered by a valid license or registration of such other state or country and such off-highway vehicle has not been within this state for more than thirty consecutive days;
(c) Off-highway vehicle used strictly for agricultural purposes;
(d) Off-highway vehicle used strictly on private property;
(e) Off-highway vehicle operated in an organized competitive or non-competitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;
(f) Off-highway vehicle used by a dealer or manufacturer, or an authorized designee thereof, for off-highway vehicle operator education or safety programs.
(7) Any person who operates an off-highway vehicle in violation of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars.
(8) Any dealer who does not comply with paragraph (a) of subsection (2) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars.
(9)(a)Notwithstanding the provisions of subsections (1) to (8) of this section, on and after April 1, 2000, no person shall operate, nor have in his or her possession at any staging area, any nonresident-owned or -operated off-highway vehicle within the state of Colorado unless such off-highway vehicle is covered by a valid license or registration of another state or country and such nonresident-owned or-operated off-highway vehicle has not been within this state for more than thirty consecutive days, or such nonresident-owned or -operated off-highway vehicle has been issued a permit pursuant to this subsection (9).
(b)The division is hereby authorized to issue permits to nonresident-owned or -operated off-highway vehicles.
(c)(I)Nonresident off-highway vehicle permits shall be sold by the agents designated pursuant to section 33-12-104, and the fee for said permits shall be the fee provided pursuant to section 33-10-111(5).
(II)Nonresident off-highway vehicle permits shall be valid for one year or until the following March 31, whichever comes first.
(III)The fee for the replacement of a lost, mutilated, or destroyed nonresident off-highway vehicle permit shall be the fee specified in section 33-12-101 for replacement of passes and registrations.
(d)Nonresident off-highway vehicle permits shall be displayed as required by the division.
(e)The following nonresident off-highway vehicles shall be exempt from the requirements of this subsection (9):
(I)Vehicles owned by the United States or another state or political subdivision thereof if such ownership is clearly displayed on such vehicles.
(II)Vehicles operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorized the organized competitive or noncompetitive event;
(III)Vehicles used strictly on private property.
(f)Any person who violates the provisions of this subsection (9) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of thirty-five dollars.
33-14.5-103 - Proof of ownership for registration purposes.
(1) The division shall require proof of ownership for an off-highway vehicle prior to the initial registration required under this article, but such proof shall not be dependent upon any certificate of title, and no certificate of title shall be issued by the division.
(2) The division shall keep a record of the manufacturer's numbers of all off-highway vehicles registered pursuant to this article and shall provide the department of revenue with a copy of said record monthly. The department of revenue shall maintain a computerized list of such record in order to aid in the recovery of stolen off-highway vehicles.
33-14.5-104 - Issuance of registration.
(1) (a) Upon the receipt of a sufficient application for registration of an off-highway vehicle, as required by section 33-14.5-102, the division shall assign a distinctive number to the vehicle and shall enter upon its records the registration of such off-highway vehicle under the distinctive number assigned to it pursuant to this section.
(b) A number assigned to an off-highway vehicle at the time of its original registration shall remain with the off-highway vehicle until such off-highway vehicle is destroyed, abandoned, or permanently removed from the state or until such registration number is changed or terminated by the division.
(2) The division shall, upon assignment of such number, issue and deliver to the owner a registration in such form as the division shall prescribe. In the event of the loss, mutilation, or destruction of any registration, the owner of the registered off-highway vehicle shall file a statement containing such facts as the division shall require for the issuance of a replacement registration, together with the fee specified in section 33-12-101.
(3) At the time of the original registration and at the time of each annual renewal thereof, the division shall issue to said registrant a validation decal indicating the distinctive number assigned to such vehicle, as provided in subsection (1) of this section, and the validity of the current registration and the expiration date thereof, which validation decal shall be affixed to
the off-highway vehicle in such manner as the division may prescribe. Notwithstanding the fact that an off-highway vehicle has been assigned an identifying number, it shall not be considered as validly registered within the meaning of this article unless a validation decal and current registration have been issued.
(4) In the event that an off-highway vehicle sought to be registered or reregistered does not comply with the provisions respecting equipment established by the regulations of the division, the division may deny the issuance of a current registration.
(5) The registration number assigned to an off-highway vehicle shall be displayed on the vehicle at all times in such manner as the division may, by regulation, prescribe.
(6) Every person, while operating an off-highway vehicle in this state which is required to be registered under this article, shall have on his person or in the off-highway vehicle the registration therefore and shall, upon demand of any peace officer authorized to enforce this article, produce for inspection the registration for such off-highway vehicle.
(7) Any person who violates either subsection (5) or subsection (6) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of twenty-five dollars.
33-14.5-105 - Transfer or other termination of ownership.
(1) If there is a change of ownership of an off-highway vehicle for which a registration has been issued, the new owner shall apply for a new registration from a dealer employed as a licensing agent or from the division. Such application shall set forth the original number issued and shall be accompanied by the old registration properly signed by the previous owner and by the required fee for registration, pursuant to section 33-10-111 (5).
(2) In the event that an off-highway vehicle was purchased through a dealer, such application must be accompanied by a dealer's form, as prescribed by the division, numbered, completed, and signed by the dealer or his agent and by the new owner.
33-14.5-106 - Off-highway vehicle recreation fund - creation- use of moneys.
(1) All fees collected from the registration of off-highway vehicles and all fees collected from the sale of off-highway use permits, plus all interest earned on such moneys shall be credited to the off-highway vehicle recreation fund, which fund is hereby created, and shall be used for the administration of this article, for information and awareness on the availability of off-highway vehicle recreational opportunities, for the promotion of off-highway vehicle safety,
for the establishment and maintenance of off-highway vehicle routes, parking areas, and facilities, and for the purchase or lease of private land for the purposes of access to public land for uses consistent with the provisions of this article; however, any moneys collected in excess of four dollars per original or renewal registration shall be used exclusively for direct services
and not administrative costs. The general assembly shall make annual appropriations from the off-highway vehicle recreation fund for the purposes enumerated in this subsection (1).
(2) All moneys collected for fines imposed pursuant to the provisions of this article shall be distributed as follows:
(a) One-half of such amount collected shall be transferred to the state treasurer for credit to the general fund; and
(b) One-half of such amount collected shall be distributed as follows:
(I) If the citing officer is a parks and recreation officer, such amount shall be transferred to the state treasurer and credited to the off-highway vehicle recreation fund; or
(II) If the citing officer is a district wildlife manager or special district wildlife manager, such amount shall be transferred to the state treasurer and credited to the wildlife cash fund; or
(III) If the citing officer is any other peace officer, such amount shall be transferred to the treasurer of the local jurisdiction in which the violation occurred to be credited to the appropriate fund.
33-14.5-107 - Rules and regulations authorized.
(1) The board shall adopt rules and regulations in the manner provided by article 4 of title 24, C.R.S., concerning the following:
(a) Registration of off-highway vehicles and display of registration numbers;
(b) Procedures and requirements to implement and administer the off-highway use permit program, including guidelines in connection with the exemptions there from;
(c) Formulation, in cooperation with appropriate federal agencies, of guidelines for uniform maps and signs for use by the state, counties, cities, city and counties, and towns to control, direct, or regulate the operation and use of off-highway vehicles;
(d) The use of off-highway vehicles, but such regulations shall not be inconsistent with the provisions of this article in any way.
33-14.5-108 - Off-highway vehicle operation prohibited on streets, roads, and highways.
(1) No off-highway vehicle may be operated on the public streets, roads, or highways of this state except in the following cases:
(a) When a street, road, or highway is designated open by the state or any agency or political subdivision thereof;
(b) When crossing streets or when crossing roads, highways, or railroad tracks in the manner provided in section 33-14-112;
(c) When traversing a bridge or culvert;
(d) During special off-highway vehicle events lawfully conducted pursuant to the authority granted to local political subdivisions in this article;
(e) During emergency conditions declared by the proper state or local authority;
(f) When local political subdivisions have authorized by ordinance or resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road which is part of the state highway system may be so designated;
(g) When using an off-highway vehicle for agricultural purposes;
(h) (I) When the United States or any agency thereof authorizes by any means such operation on lands under its jurisdiction.
(II) No action is required to be taken by the United States pursuant to this paragraph (h) to authorize the use of off-highway vehicles on lands under the jurisdiction of the United States.
(2) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars.
33-14.5-109 - Required equipment - off-highway vehicles.
(1) No off-highway vehicle shall be operated upon public land unless it is equipped with the following:
(a) At least one lighted head lamp and one lighted tail lamp, each having the minimum candlepower prescribed by regulation of the division while being operated between the hours of sunset and sunrise;
(b) Brakes and a muffler and spark arrester which conform to the standards prescribed by regulation of the division, which shall be applicable in all cases except for off-highway vehicles being operated in organized competitive events held on private lands with the permission of the landowner, lessee, or custodian of the land, on public lands and waters under the jurisdiction of the division with its permission, or on other public lands with the consent of the public agency owning the land.
(2) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars.
33-14.5-110 - Regulation by political subdivisions.
(1) Any county, city and county, city, or town acting by its governing body may regulate the operation of off-highway vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice thereof if such regulation is not inconsistent with the
provisions of this article and the rules and regulations promulgated pursuant thereto.
(2) No county, city and county, city or town acting by its governing body may adopt an ordinance which imposes a fee for the use of public land or water under the jurisdiction of any agency of the state or for the use of any access thereto owned by the county, city and county, city, or town; nor shall it require an off-highway vehicle to be licensed or registered in such political subdivision.
33-14.5-111 - Enforcement - federal, state, and local cooperation.
(1) Every parks and recreation officer, every peace officer of this state and its political subdivisions, and every person commissioned by the division has the authority to enforce the provisions of this article.
(2) The division is authorized to enter into cooperative agreements with federal land management agencies for the purpose of regulating off-highway vehicle use on federal lands.
33-14.5-112 - Off-highway use permit - fees - applications - requirements - exemptions.
(1) (a) No later than January 1, 1990, the division of parks and recreation shall devise a plan for implementation of the off-highway use permit program.
(b) On and after January 1, 1991, the owner of every vehicle required to be registered pursuant to article 3 of title 42, C.R.S., and the owner or operator of every motor vehicle and off-highway vehicle from another state or country, when such vehicle is being used for recreational travel upon designated off-highway vehicle routes, shall obtain and display on such vehicle an off-highway use permit.
(2) Off-highway use permits shall be sold by the agents referred to in section 33-12-104, and the fee for said permits shall be the fee provided pursuant to section 33-10-111 (5).
(3) Off-highway use permits, when issued on April 1, shall be valid for a one-year period, which runs from April 1 through the following March 31. All permits issued during the year at any time after April 1 shall expire on the following March 31.
(4) Off-highway use permits shall be displayed as required by the division.
(5) The following vehicles shall be exempt from the requirements of this section:
(a) Vehicles owned by the United States or another state or political subdivision thereof if such ownership is clearly displayed on such vehicles;
(b) Vehicles operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;
(c) Vehicles operated on public land for purposes other than recreational use, which purposes shall include but not be limited to logging, mining, grazing of livestock, firewood-cutting, and the taking of trees for noncommercial purposes.
(6) Any person who violates paragraph (b) of subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars.
33-14.5-113 - Notice of accident.
(1) The operator of an off-highway vehicle involved in an accident resulting in property damage of fifteen hundred dollars or more or injuries resulting in hospitalization or death, or some person acting for the operator, or the owner of the off-highway vehicle having knowledge of the accident shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff's office of the county wherein the accident occurred, or the office of the police department of the municipality wherein the accident occurred.
(2) Any law enforcement agency receiving a report of accident under this section shall forward a copy thereof to the division, which shall compile statistics annually based upon such reports.
(3) Within forty-eight hours after an accident involving an off-highway vehicle, the accident shall be reported to the Denver office of the division. The report shall be made on forms furnished by the division and shall be made by the owner or operator of the vehicle or someone acting for the owner or operator.
(4) Any person who violates subsection (1) or (3) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of seventy-five dollars.
