DEPARTMENT OF REVENUE
Division of Motor Vehicles – Titles and Registration Section
1 CCR 204-14
Motorized Bicycles

Basis:  		The statutory basis for this regulation is 42-1-102 (55), 42-1-102(58), 42-1-102 (59), 42-1-204 and 42-3-311 CRS.

Purpose:	The following rules and regulations are promulgated to establish criteria for the issuance of motorized bicycle registration and identify the entities that are authorized to complete the registration process. 

1.0 	Definitions 
1.1	“Motorized bicycle” means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 CC, and an automatic transmission which produces a maximum design speed of not more than thirty miles an hour on a flat surface.
1.2	“Motor vehicle” in pertinent part, means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generated and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in paragraph (b) of subsection (59) of this section, wheelchairs as defined by subsection (113) of this section, or vehicles moved solely by human power.  
1.3	“Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “farm tractor” and except a motorized bicycle as define in paragraph (b) of subsection(59) of this section.    
2.0  	Agent Eligibility
2.1	Upon approval, any retail seller of a motorized bicycle may act as an agent for the Department of Revenue for the purpose of registering motorized bicycles. The following criteria must be met for consideration of approval:  
a.	Application for Motorized Bicycle Registration Agent is submitted to the Department of Revenue, Registration Section, with the following provisions acknowledged by the applicant:
1.	All monies received from the registration of motorized bicycles shall be kept in a separate fund for the benefit of the State of Colorado and, in the event of the death or insolvency of the agent, the State of Colorado shall have a preferred claim to that fund and shall not be stopped from asserting such claim by reason of the interdependency of other funds or otherwise.
2.	Agent shall keep, in a manner prescribed by the Department, a complete record of all registrations issued.
3.	Agent shall keep all registrations forms and un-issued decals at the place of business of the agent at all times.
4.	Agent shall make monthly reports and remittances to the Department of Revenue, Division of Motor Vehicles, Registration Section, for all registration fees collected monthly, on or before the 10th day of the following month on forms provided by the Department.  Failure to make monthly reports will result in the actions listed in 3.6.2 below.
5.	Agent shall pay all postage on reports and remittances to the Department.
6.	Agent shall permit employees of the Department to examine all registration documents and audit records pertaining to the sale of Motorized Bicycle Registrations.
7.	Agent shall sign under penalty of perjury in the second degree that the agent has read and understands all instructions and rules that pertain to the motorized bicycle registration process.
8.	That the agent is personally responsible for all registration forms or decals and shall maintain such items in a secure place at all times.
9.	That the agent has received an approved application and agreement from the Department.
10.	That the agent has a sales tax license issued by the Colorado Department of Revenue.
11.	That the agent shall maintain an established place of business in a location approved for such business by local zoning regulations.
3.0	Rules
3.1	An Application for Motorized Bicycle Registration Agent shall be submitted to the State Registration Section for review.  This application must include the following agent information:
a.	Applicant’s name.
b.	Applicant’s address (physical and mailing-if different).
c.	Applicant’s Sales Tax license number.
d.	Applicant’s Telephone number.
3.2	Upon review and approval by the State Registration Section, a motorized bicycle Agent number shall be issued.  This number must appear on all monthly reports and all motorized bicycle Registrations returned to the State Registration Office.
3.3	Upon issuance of a motorized bicycle agent number, the State Registration Section shall create the following:
a.	An electronic spreadsheet to log and track the dates the monthly reports for each agent are received, the amount of payment submitted, a record of all tab numbers issued to that agent and a list of all tabs that have been returned by the agent.
3.4	If a motorized bicycle agent changes their address from the original location identified in the application, a new Application for Motorized Bicycle Registration Agent form shall be required to be submitted within ten (10) days of the address change to the Registration Section.  “Address Change Only” must be indicated at the top of the application.  The assigned motorized bicycle agent number shall remain the same.
3.5	Motorized Bicycle Registration Decals
a.	Decals must be purchased by the agent from the State Registration Section.  Requests for decals shall be processed by mail or in person at: Department of Revenue, Division of Motor Vehicles, Registration Section.
b.	No refunds are offered for returned decals.  Damaged decals must be returned to the State Registration Section.
c.	Decals that are lost or stolen must be reported to the local, county or state law enforcement within 72-hours from the date it was determined that the decals were lost or discovered stolen.  A copy of the police report or case number must be submitted to the State Registration Section.  At that time, the State Registration Section shall replace the missing decals.  A fee not to exceed the normal cost of purchase of decals shall be charged for replacement of lost or stolen decals.
d.	A motorized bicycle registration decal is valid for a period of three (3) years.  Standard license plates shall not be issued to any vehicle that is classified as a motorized bicycle by definition.
 3.5	Monthly Reports
a.	Monthly reports must be received from the agent by the 10th of every month.  In the event that the agent did not issue decals that month, the monthly report shall be recorded by indicating zero (0) under the section identified as “Decal Numbers Sold”.
b.	Any motorized bicycle agent who does not submit their monthly reports, as listed above, shall lose the authority to issue decals on behalf of the Department of Revenue.  This authority may be considered for reinstatement only when all monthly reports have been submitted to the State Registration Section.  
3.6	Renewals of motorized bicycle registrations shall be made to the State Registration Section or an authorized motorized bicycle dealer.  Renewal requests must be clearly marked as such on the application. 
3.7	Initial motorized bicycle registrations that are submitted directly to the State Registration Section must include the following:
a.	A completed DR2579 Application for Motorized Bicycle Registration form.
b.	A completed and notarized Affidavit of Cylinder Capacity, if the vehicle does not have operable pedals.
c.	Proof of ownership including, but not limited to, a Manufacturer’s Statement of Origin, invoice, notarized bill of sale, or receipt.
d.	Appropriate registration fees as indicated on the application.
e.	Proof by the agent that the applicants Secure and Verifiable Identification has been verified using the DR 2841 Secure and Verifiable ID and DR 2842 Supplemental Secure and Verifiable Identification Information and Attestation Clause forms. 
f.	Registrations received that do not include the completed DR 2842 will be returned to the agent for correction.  If the agent is unable to obtain Secure and Verifiable Identification the agent will be responsible for recalling and canceling the registration.  All violations of this nature, or failure to obtain Secure and Verifiable Identification may result in the revocation of the agent’s authority to sell decals on behalf of the Department.  
3.8  	Vehicles that do not meet the requirements of a motorized bicycle in accordance with CRS 42-1-102 (59) (b) may be registered as a motorcycle, if the vehicle meets the statutory requirements of a motorcycle per CRS 42-1-102 (55).  
3.9	Insurance 
a.	Motor vehicle insurance is not required for a motorized bicycle.
3.10	In the event that a motorized bicycle agent chooses to no longer act as an agent for the Department of Revenue in registering motorized bicycles, all decals must be returned to the State Registration Section with a notice on the business letterhead within ten (10) business days from the notice.  This notice shall serve as notification to the Department that this business shall no longer act as an agent for the Department in this capacity.  All remaining decals that have not been submitted to the Department previously shall be submitted at that time.  No refunds are permitted.  
4.0	Motorized Bicycle Agent and Motorized Bicycle File Maintenance
4.1	Upon receipt of monthly reports from motorized bicycle agents, the State Registration Section shall update the tracking records to include:
a.	The date the monthly report was received.
b.	The month being reported.
c.	The amount of monies remitted to the State.
d.	The decal numbers issued.
e.	Decal numbers that were lost or stolen (if applicable), and the police report/law enforcement case number.
f.	Decal numbers that were returned to the State Registration Section (If applicable).
4.2	Records shall be maintained listing each motorized bicycle decal with the person(s) registered to such decal, to be used upon inquiry from law enforcement or the registered owner.

4.3	Notices of monthly report delinquency shall be sent to the agent(s) in question if the monthly reports are more than two months negligent.

4.4	Should an agent fail to respond to a letter of monthly report delinquency, a 
	notice shall be placed in the agent’s file to discontinue the issuance of decals until all monthly reports have been submitted to the department at which time the department will re-evaluate the agents authority to issue motorized bicycle registrations and decals on behalf of the department.