STATE OF COLORADO
DEPARTMENT OF REVENUE
State Capitol Annex
1375 Sherman Street, Room 409
Denver, Colorado 80261
(303) 866-3091
FAX (303) 866-2400

Bill Owens
Governor

M. Michael Cooke
Executive Director

Notice and Adoption of Emergency Regulation for Manufacturer’s Certificate of Origin

The Executive Director of the Colorado Department of Revenue hereby finds the immediate adoption of this rule is imperatively necessary to define and outline the process required for the issuance of a Colorado Certificate of Title to a new or used motor vehicle.

The Colorado Revised Statute § 42-6-113 requires a Manufacturer’s Certificate of Origin to be delivered by the selling dealer or distributor to the purchaser or transferee of a new motor vehicle.   However, the statute does not specifically require the Manufacturer’s Certificate of Origin to be submitted to the authorized agent to record the transfer of ownership.  Additionally, Manufacturer’s Certificate of Origin is not defined in statute.  This has created uncertainty regarding the process and requirements for establishing ownership on vehicles directly imported into the United States without a Manufacturer’s Certificate of Origin.  For vehicles imported outside the manufacturer’s normal distribution chain, dealers are unable to provide the Manufacturer’s Certificate of Origin to the purchasers. This puts the purchaser in a position where they do not have the required documents to title and register these vehicles.  Currently, there are several vehicles that have been imported into the United States and sold to Colorado auto dealers without Manufacturer’s Certificates of Origin or a certificate of title issued by the foreign country.  Colorado Certificates of Title are not being issued by the Division of Motor Vehicles until this rule has been promulgated.  

Copies of the AAMVA specifications titled MCO Printing Specifications, dated 1990, are available on the Revenue website.

This emergency rule is necessary to provide immediate information to the public, licensed motor vehicle dealers, and direct import companies regarding these requirements and allow title applications to be processed for these vehicles.  Adoption of these emergency rules is imperatively necessary to comply with State law, Certificates of Title statutes, for the preservation of the public health, safety and welfare and compliance with the requirements of § 24-4-103.  A permanent change in the regulations could be achieved no sooner than November 30, 2006 given the process for notice and promulgation of the rule change pursuant to § 24-4-103, C.R.S.  

Pursuant to § 42-6-104 C.R.S., the Executive Director of the Department of Revenue has the authority to promulgate rules and regulations regarding the issuance of certificates of title for motor vehicles.  This authority includes developing and administering the requirements for establishing ownership of a new motor vehicle.  

This rule is adopted on this 4th day of August, 2006.

This emergency rule shall be effective on this 4th day of August, 2006 and this emergency rule will expire on the 2nd day of November, 2006.

August 4, 2006

By:	_______________________________					Date:	____________
	M. Michael Cooke, Executive Director,
	Colorado Department of Revenue