1 Colo. Code Regs. § 205-2, Regulation 44-20-409(2)

Current through Register Vol. 47, No. 22, November 25, 2024

Regulation Regulation 44-20-409(2)

1. For purposes of this regulation, an "out-of-state powersports vehicle dealer" means a powersports vehicle dealer or used powersports vehicle dealer that is not a resident of Colorado and that is not licensed in Colorado as a powersports vehicle dealer or as a used powersports vehicle dealer.

2. An out-of-state powersports vehicle dealer may sell a powersports vehicle to a consumer only at the following specific events:

A) the Colorado State Fair;

B) the National Western Stock Show; and,

C) the annual Colorado RV, Sports and Travel Show.

3. If an out-of-state powersports vehicle dealer intends to sell a powersports vehicle to a consumer at a specific event other than those listed above, then the out-of-state powersports vehicle dealer must obtain the board's permission to apply for a temporary license for that specific event. To obtain the board's permission, the out-of-state powersports vehicle dealer must submit a written petition to the executive secretary of the board at least ninety days prior to the specific event so that the executive secretary can docket the board's review of the petition. At the review, the board will consider only the written petition.

4. An out-of-state powersports vehicle dealer temporary license is issued for thirty consecutive calendar days related to the specific event designated in the application for an out-of-state powersports vehicle temporary license.

5. An out-of-state powersports vehicle dealer may not obtain more than three out-of-state powersports vehicle dealer temporary licenses in a calendar year.

6. In order to sell a powersports vehicle to a consumer at a specific event, an out-of-state powersports vehicle dealer must apply for an out-of-state powersports vehicle dealer temporary license. An out-of-state powersports vehicle dealer must not engage in any sales activity at a specific event until the board approves the out-of-state powersports vehicle dealer temporary license.

7. By no later than fourteen calendar days prior to the specific event designated in the application, an out-of-state powersports vehicle dealer must submit a completed application form for an out-of-state powersports vehicle dealer temporary license related to the specific event. The board shall reject for filing any application for an out-of-state powersports vehicle dealer temporary license that is not accompanied by both a remittance in the full amount of the fee for the license and by the bond required for the license. The board may reject for filing any application that does not completely satisfy the requirements of the application form and its instructions.

8. In the event that an out-of-state powersports vehicle dealer intends to sell a new powersports vehicle to a consumer in Colorado, then an out-of-state powersports vehicle dealer shall provide written evidence that each manufacturer, whose vehicles the out-of-state powersports vehicle dealer intends to sell at the specific event, has authorized the out-of-state powersports vehicle dealer to sell the manufacturer's vehicles at the specific event.

9. An out-of-state powersports vehicle dealer must make an out-of-state powersports vehicle dealer temporary license readily-available for inspection by any person at the specific event during the entire time that the out-of-state powersports vehicle dealer is present at the event.

10. An out-of-state powersports vehicle dealer operating in Colorado pursuant to an out-of-state powersports vehicle dealer temporary license has agreed to do business under applicable Colorado law and regulations. Therefore, an out-of-state powersports vehicle dealer has both the same rights and the same responsibilities as a licensed Colorado powersports vehicle dealer.

1 CCR 205-2, Regulation 44-20-409(2)

43 CR 24, December 25, 2020, effective 11/17/2020

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 03, February 10, 2022, effective 3/17/2022

45 CR 14, July 25, 2022, effective 8/15/2022