A Bill for an Act
Page 1, Line 101Concerning the regulation of vehicle immobilization
Page 1, Line 102companies.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill amends the statutes requiring a permit to boot a vehicle to broaden the permit requirement to include any application, without the appropriate consent, of a device intended to prevent the normal operation of a motor vehicle.
Under current law, a permit holder may be denied a permit to boot a vehicle upon application when the permit holder or owner has been convicted of a felony within the last 5 years. The bill allows the public utilities commission (commission) to suspend, revoke, or refuse to renew a permit to immobilize a vehicle for felonies and immobilization-related offenses. An applicant must disclose each person that is a principal owner in the vehicle immobilization company (company) in an application.
The commission is authorized to deny an application for or suspend, revoke, or refuse to renew a permit of a company based on a determination that it is not in the public interest for the company to possess a permit. The determination is subject to appeal. Possession of a permit is rebuttably presumed to be not in the public interest if a company has willfully and repeatedly failed to comply with the relevant law.
The bill adds the following new duties for companies:
- Before immobilizing a vehicle, the company must document the vehicle's condition and the reason for the immobilization. Standards are set for the documentation, including taking photographs.
- Upon demand by an authorized or interested person, the company must provide copies of the photographs, and if the company does not provide the photographs and a vehicle is damaged, it creates a rebuttable presumption that the company damaged the vehicle or did not have authority to immobilize the vehicle;
- When an immobilization device is being removed from a vehicle, a company must provide adequate lighting to inspect the vehicle for damage;
- A company shall display its name, the permit number, and a phone number of the company on each company vehicle used in immobilization. Standards are set for the display.
- The representative of a company must have business identification visibly worn at all times while immobilizing a vehicle or accepting payment;
- If a vehicle has been immobilized by a company, another company must not immobilize the vehicle;
- If a company applies more than one immobilization device to a vehicle, the company may not charge more than once for the removal of all the immobilization devices;
- A company must provide, upon request, evidence of the company's commercial liability insurance coverage;
- A company must immediately accept payment and release the vehicle if offered in cash or by valid major credit card;
- Upon request, a company must disclose accepted forms of payment;
- A company must provide an itemized bill showing each charge and the rate for each fee incurred as a result of an immobilization and any fee that caused the immobilization; and
- A company may not pay money or provide other valuable consideration for the privilege of immobilizing vehicles.
- The immobilization is ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; or
- The company has received permission for each individual immobilization, within the 24 hours immediately preceding the immobilization, from a specified person. The company must retain the permission for 3 years.
- Notice of the parking regulations; and
- Notice that a violation of the regulations subjects the vehicle to immobilization at the vehicle owner's expense.
- The restriction or prohibition on parking;
- The times of the day and days that the restriction is applicable, but, if the restriction applies 24 hours per day, 7 days per week, the sign must say "Authorized Parking Only";
- Notice that violating the regulation subjects the violating vehicle to be immobilized at the vehicle owner's expense; and
- The name and telephone number of the company authorized to perform immobilization on the private property.
A company is prohibited from immobilizing a vehicle on private property unless:
A property owner with tenants must give each tenant adequate notice of parking regulations as outlined in the bill. A company may not immobilize a vehicle in a parking space or common parking area without the company or property owner giving 24 hours' written notice at least 24 hours before immobilizing the vehicle, unless the vehicle owner or operator has received 2 or more previous notices for parking inappropriately in the same manner. Standards are set for the notice.
If a vehicle parks 3 or more times in the same inappropriate manner, the company or property owner need not give the notice, but the company must place a notice on the immobilized vehicle that contains the phone number of the company, the normal operating hours of the company, and the phone number to contact the company outside of normal operating hours.
To immobilize a vehicle on private property normally used for parking, the following must be provided upon entering the private property:
Unless the immobilization is based on an order given by a peace officer, a company may not immobilize a vehicle on private property because the vehicle's registration has expired.
For a company to immobilize a vehicle, the property owner must have posted signage that meets the size, visibility, and placement standards of the bill and contains the following information:
A company may not patrol or monitor property to enforce parking restrictions on behalf of a property owner.
If a company has immobilized a vehicle on private property, the company must give a written notice of the person's ability to make a complaint to the commission in accordance with the standards of the bill.
A company must release a motor vehicle either within 120 minutes after being contacted outside the company's normal business hours or within 90 minutes during the company's normal business hours. A company must immediately release a vehicle without charge to a towing carrier when evidence is presented that the towing carrier has authorization to conduct a nonconsensual tow or law-enforcement-directed tow. A company must immediately release an immobilized vehicle if the person retrieving the vehicle pays at least 15% of the fees, not to exceed $60, and the person signs a form affirming that the authorized or interested person owes the company payment for the appropriate fees.
A company must charge a reduced release charge set by the commission and immediately release the vehicle if the vehicle is released after an employee of or agent of the company starts to immobilize the vehicle but before the agent or employee leaves the private property.
A company must retain evidence of giving the notices and disclosures required in the bill for 3 years and provide the evidence to the commission or an enforcement official upon request.
Generally, the bill does not apply to an immobilization ordered by a peace officer or technician directed by a peace officer, an immobilization in a parking space that serves a business if the parking space is on commercial real estate, or an immobilization ordered by a municipality, county, or city and county.
A violation of the bill is generally a deceptive trade practice and is subject to enforcement by the attorney general's office or a district attorney.
Page 4, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 4, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 4, Line 3(a) Fair and just enforcement of parking regulations is an essential
Page 4, Line 4component of maintaining the order and integrity of public spaces and
Page 5, Line 1residential communities, fostering a sense of responsibility and respect among all community members;
Page 5, Line 2(b) Vehicle immobilization practices, when improperly applied or
Page 5, Line 3enforced, can create undue burdens on consumers, particularly those who may face financial or personal challenges;
Page 5, Line 4(c) Improper immobilization can undermine public trust in the
Page 5, Line 5system and, at times, may result in the disproportionate penalization of individuals for minor or unintentional infractions;
Page 5, Line 6(d) Vehicle immobilization practices and related fees
Page 5, Line 7disproportionately affect low-income individuals and marginalized
Page 5, Line 8communities, exacerbating existing social and economic disparities, and
Page 5, Line 9in these instances, individuals often lack access to legal recourse, and the
Page 5, Line 10resulting financial strain may hinder their ability to secure basic necessities, such as housing, healthcare, or transportation;
Page 5, Line 11(e) Clear and transparent communication regarding parking
Page 5, Line 12regulations, including proper signs and timely notices, is crucial to
Page 5, Line 13ensuring that consumers are fully informed of their rights and
Page 5, Line 14responsibilities and are given reasonable opportunities to rectify minor violations without the threat of excessive penalties or hardship;
Page 5, Line 15(f) The state must ensure that vehicle immobilization practices are
Page 5, Line 16carried out in a manner that upholds the dignity of all individuals, protects
Page 5, Line 17consumers from unnecessary financial strain, and promotes fairness by
Page 5, Line 18providing avenues for dispute resolution and mitigation of penalties where appropriate;
Page 5, Line 19(g) Vehicle immobilization companies and property owners must
Page 5, Line 20be held accountable to the highest ethical standards, with a commitment
Page 5, Line 21to transparency, honesty, and fairness in the provision of services. This
Page 6, Line 1includes clear, itemized billing, proper safeguards to prevent abuse, and
Page 6, Line 2accountability for any damages or mistakes that may arise from the immobilization process.
Page 6, Line 3(h) A fair and just system for addressing vehicle immobilization
Page 6, Line 4disputes is integral to maintaining public confidence in the regulatory
Page 6, Line 5framework. Consumers must have access to effective mechanisms for
Page 6, Line 6challenging fees, seeking timely release of immobilized vehicles, and receiving a fair hearing for their cases.
Page 6, Line 7(i) Vehicle immobilization should not be a mechanism for unjustly
Page 6, Line 8enriching private companies or imposing financial hardship on vulnerable
Page 6, Line 9individuals. Kickbacks, improper financial incentives, or the pursuit of
Page 6, Line 10unfair profits at the expense of consumers undermine the integrity of the system and erode public trust.
Page 6, Line 11(j) This legislation is intended to create a fair, transparent, and
Page 6, Line 12equitable framework for vehicle immobilization that balances the need for
Page 6, Line 13effective enforcement with the protection of consumers' rights, ensuring
Page 6, Line 14that no person is unfairly penalized or unduly burdened by the system; and
Page 6, Line 15(k) By establishing clear guidelines for vehicle immobilization,
Page 6, Line 16providing transparency, and offering opportunities for consumers to
Page 6, Line 17address minor infractions in a reasonable and timely manner, this
Page 6, Line 18legislation promotes the values of fairness and justice, strengthening the
Page 6, Line 19trust between the public and those entrusted with enforcement responsibilities.
Page 6, Line 20(2) Therefore, the general assembly declares that:
Page 6, Line 21(a) Ensuring the fair and just implementation of vehicle
Page 6, Line 22immobilization practices is a matter of paramount importance to the
Page 7, Line 1well-being of Colorado's communities, and enacts this legislation to
Page 7, Line 2promote equity, transparency, and accountability in the enforcement of parking regulations; and
Page 7, Line 3(b) Fairness, accountability, and ethical conduct must guide every aspect of the enforcement process.
Page 7, Line 4SECTION 2. In Colorado Revised Statutes, 40-10.1-101, amend (11), (14), and (22); and add (8.5) as follows:
Page 7, Line 540-10.1-101. Definitions. As used in this article 10.1, unless the context otherwise requires:
Page 7, Line 6(8.5) "Immobilize", "immobilization", or "immobilizing"
Page 7, Line 7means the application without the consent of an authorized or
Page 7, Line 8interested person of a device intended to prevent the normal operation of a motor vehicle.
Page 7, Line 10(11) "Motor vehicle" or "vehicle" means any automobile, truck,
Page 7, Line 11tractor, motor bus, or other self-propelled vehicle or
anytherebyPage 7, Line 12(14) "Permit" means the permit issued to a contract carrier under
Page 7, Line 13part 2 of this article 10.1,
orPage 7, Line 14this article 10.1, or to a vehicle immobilization company under part 8 of this article 10.1.
Page 7, Line 15(22) (a) "Vehicle
bootingPage 7, Line 16private
corporation, partnership, or sole proprietor in the business ofPage 7, Line 17
immobilizing a motor vehicle through use of a bootPage 7, Line 18(b) "Vehicle immobilization company" does not include a
Page 7, Line 19municipality, a county, a city and county, or other political subdivision of the state.
Page 8, Line 1SECTION 3. In Colorado Revised Statutes, amend part 8 of article 10.1 of title 40 as follows:
Page 8, Line 240-10.1-801. Permit requirements - fund. (1) (a)
EffectivePage 8, Line 3
January 1, 2020,Page 8, Line 4vehicle
bootingPage 8, Line 5first having obtained a permit from the commission in accordance with this article 10.1.
Page 8, Line 6(b) A person may apply for a permit under this part 8 to the
Page 8, Line 7commission in the form and with the information as the commission requires. Permits are valid for one year after the date of issuance.
Page 8, Line 8(2) (a) (I) The commission may deny an application for or
Page 8, Line 9suspend, revoke, or refuse to renew a permit issued under this part
Page 8, Line 108 of a person who has, within the immediately preceding five years, been
Page 8, Line 11convicted of,
orPage 8, Line 12immobilization-related offense. The commission may also deny an
Page 8, Line 13application
under this part 8Page 8, Line 14
thebootingPage 8, Line 15a determination that the vehicle
bootingPage 8, Line 16of its owners, principals, officers, members, partners, or directors has not
Page 8, Line 17satisfied a civil penalty arising out of
anyPage 8, Line 18(II) A vehicle immobilization company that applies for a
Page 8, Line 19permit or that applies to renew a permit shall disclose to the
Page 8, Line 20commission each person that is an owner of, principal of, officer
Page 8, Line 21of, member of, partner of, or director of the vehicle
Page 8, Line 22immobilization company in accordance with rules adopted by the commission.
Page 9, Line 1(b) The commission may deny an application for or suspend,
Page 9, Line 2revoke, or refuse to renew a permit of a vehicle immobilization
Page 9, Line 3company based on a determination that it is not in the public
Page 9, Line 4interest for the vehicle immobilization company to possess a
Page 9, Line 5permit. The determination is subject to appeal in accordance
Page 9, Line 6with commission rules. A vehicle immobilization company's
Page 9, Line 7possession of a permit is rebuttably presumed to be not in the
Page 9, Line 8public interest if the vehicle immobilization company has willfully and repeatedly failed to comply with this article 10.1.
Page 9, Line 9(3) (a) Except as otherwise provided in subsection (2) of this
Page 9, Line 10section and section 40-10.1-112 (4), the commission shall issue a permit
Page 9, Line 11to a vehicle
bootingPage 9, Line 12application and the filing of proof of workers' compensation insurance
Page 9, Line 13coverage in accordance with the "Workers' Compensation Act of
Page 9, Line 14Colorado", articles 40 to 47 of title 8, and with the financial responsibility
Page 9, Line 15requirements of this title 40 and may attach to the permit and to the
Page 9, Line 16exercise of the rights granted by the permit any restrictions, terms, and
Page 9, Line 17conditions, including altering the rates and charges of the applicant, as are
Page 9, Line 18reasonably deemed necessary for the protection of the property of the public.
Page 9, Line 19(b) If a vehicle
bootingPage 9, Line 20article 10.1, any other applicable provision of law, or
anyPage 9, Line 21rule adopted or commission order
of the commissionPage 9, Line 22article 10.1 and as a result is ordered by a court or by the commission to
Page 9, Line 23pay a fine or civil penalty that the vehicle
bootingPage 9, Line 24company subsequently fails to pay in full within the time prescribed for
Page 10, Line 1payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then:
Page 10, Line 2(I) The vehicle
bootingimmediately;Page 10, Line 3(II) The vehicle
bootingPage 10, Line 4principals, officers, members, partners, and directors, and any other entity
Page 10, Line 5owned or operated by one or more of those owners, principals, officers,
Page 10, Line 6members, partners, or directors, may be disqualified from obtaining or
Page 10, Line 7renewing any operating authority under this title 40 for a period of five
Page 10, Line 8years after the date on which the fine or civil penalty was due. The period
Page 10, Line 9of disqualification
pursuant toPage 10, Line 10in addition to, and not in lieu of, and does not affect any other penalty or
Page 10, Line 11period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4).
Page 10, Line 12(c) A vehicle
bootingPage 10, Line 13vehicles are subject to inspection by the commission and by authorized
Page 10, Line 14personnel of the Colorado state patrol, which agency shall promptly
Page 10, Line 15report to the commission concerning any violations revealed by an inspection.
Page 10, Line 16(4) The commission may
promulgatePage 10, Line 17and reasonable to implement this part 8,
includingPage 10, Line 18and drop fees, and rules requiring a vehicle immobilization
Page 10, Line 19company to maintain and file with the commission evidence of
Page 10, Line 20financial responsibility and proof of the continued validity of the financial responsibility.
Page 10, Line 21(5) There is
herebyPage 10, Line 22cash fund, referred to in this
sectionPage 11, Line 1consisting of any fee revenue collected by the commission pursuant to
Page 11, Line 2this part 8 and
transmitted to the state treasurer for creditPage 11, Line 3the state treasurer into the fund and any other money that the general
Page 11, Line 4assembly may appropriate or transfer to the fund. The money in the fund
Page 11, Line 5is continuously appropriated to the commission for its implementation of
Page 11, Line 6this part 8. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
Page 11, Line 740-10.1-802. Vehicle immobilization company document
Page 11, Line 8vehicle's condition and reason for immobilization - adequate
Page 11, Line 9illumination. (1) Before a vehicle immobilization company
Page 11, Line 10immobilizes a vehicle, the company shall document the vehicle's condition and the reason for the immobilization by:
Page 11, Line 11(a) Taking at least one photograph with a resolution of at
Page 11, Line 12least two thousand pixels by at least two thousand pixels that
Page 11, Line 13shows the vehicle immobilization device and the entire portion of the vehicle to which it is attached; and
Page 11, Line 14(b) Taking at least one photograph that shows the reason for the vehicle being immobilized. The photograph must:
Page 11, Line 15(I) Show the position of the vehicle in relation to the reason, including any sign, that the vehicle was immobilized; and
Page 11, Line 16(II) Be rendered in a resolution of at least two thousand pixels by at least two thousand pixels.
Page 11, Line 17(2) (a) Upon demand by an authorized or interested person,
Page 11, Line 18the vehicle immobilization company shall provide copies of the
Page 11, Line 19photographs required to be taken by subsection (1) of this section to the authorized or interested person.
Page 11, Line 20(b) (I) A rebuttable presumption that a vehicle
Page 12, Line 1immobilization company damaged a vehicle is created by evidence that:
Page 12, Line 2(A) The vehicle immobilization company has failed to
Page 12, Line 3produce photographs of the vehicle's condition in compliance with subsection (2)(a) of this section; and
Page 12, Line 4(B) The vehicle has suffered damage.
Page 12, Line 5(II) A vehicle immobilization company's failure to produce
Page 12, Line 6a photograph of the reason for the immobilization in compliance
Page 12, Line 7with subsection (2)(a) of this section creates a rebuttable
Page 12, Line 8presumption that the vehicle immobilization company did not have authorization to immobilize a vehicle.
Page 12, Line 1040-10.1-803. Vehicle immobilization company must display
Page 12, Line 11name. (1) (a) A vehicle immobilization company shall display the
Page 12, Line 12name of the company, the permit number, and a phone number of the company on each company vehicle used in immobilization.
Page 12, Line 13(b) The display required in subsection (1)(a) of this section must be displayed:
Page 12, Line 14(I) On each side of the company vehicle in plain view; and
Page 12, Line 15(II) When immobilizing a vehicle, driving to immobilize a
Page 12, Line 16vehicle, or driving from immobilizing a vehicle, but the display need not be permanently affixed to the company vehicle.
Page 12, Line 17(c) The lettering on the display required in subsection (1)(a) of this section must be:
Page 12, Line 18(I) Legible during daylight hours from a minimum distance of fifty feet; and
Page 12, Line 19(II) At least three inches tall.
Page 13, Line 1(2) The representative of a vehicle immobilization
Page 13, Line 2company shall have business identification visibly worn at all times while immobilizing a vehicle or accepting payment.
Page 13, Line 340-10.1-804. Immobilization - multiple devices.If a vehicle
Page 13, Line 4has been immobilized by a vehicle immobilization company,
Page 13, Line 5another vehicle immobilization company shall not immobilize
Page 13, Line 6the vehicle until the first immobilization device has been
Page 13, Line 7removed. If a vehicle immobilization company applies more than
Page 13, Line 8one immobilization device to a vehicle, the company shall not
Page 13, Line 9charge more than once for the removal of all the immobilization devices.
Page 13, Line 1040-10.1-805. Immobilization requirements and limitations -
Page 13, Line 11notice to vehicle owner or operator required. (1) (a) A vehicle
Page 13, Line 12immobilization company shall not immobilize a vehicle on private property unless:
Page 13, Line 13(I) The immobilization is expressly ordered or authorized
Page 13, Line 14by a court order, an administrative order, or a peace officer or by operation of law; or
Page 13, Line 15(II) The vehicle immobilization company has received
Page 13, Line 16documented permission, which must not be automated or
Page 13, Line 17preapproved, for each individual immobilization, within the
Page 13, Line 18twenty-four hours immediately preceding the immobilization,
Page 13, Line 19from the following person that must document the permission by
Page 13, Line 20signing the form created in accordance with subsection (1)(b)(I) of this section:
Page 13, Line 21(A) The owner of or leaseholder of the private property;
Page 13, Line 22except that, if the owner or leaseholder would earn income
Page 14, Line 1from the immobilization, the vehicle immobilization company
Page 14, Line 2shall not perform the immobilization but may authorize another vehicle immobilization company to perform the immobilization;
Page 14, Line 3(B) A person subject to the "Colorado Common Interest
Page 14, Line 4Ownership Act", article 33.3 of title 38, if the private property
Page 14, Line 5is located within the boundaries of the person's area of operation; or
Page 14, Line 6(C) An employee of a person described in subsection
Page 14, Line 7(1)(a)(II)(A) or (1)(a)(II)(B) of this section or an employee of a
Page 14, Line 8property management company retained to collect rent and
Page 14, Line 9perform residential services; except that the employee who has
Page 14, Line 10a financial interest in or relationship with the vehicle
Page 14, Line 11immobilization company or a parking lot management company
Page 14, Line 12that earns income from managing or controlling parking or
Page 14, Line 13permission to park or that earns income from immobilizations shall not grant permission to authorize the immobilization.
Page 14, Line 14(b) (I) The commission shall create a form that implements subsection (1)(a)(II) of this section.
Page 14, Line 15(II) The vehicle immobilization company must retain for
Page 14, Line 16three years after the immobilization the signed form required by
Page 14, Line 17subsection (1)(a)(II) of this section and, upon request, provide the signed form to the authorized or interested person.
Page 14, Line 18(2) A property owner with tenants shall issue each tenant
Page 14, Line 19a written document containing any applicable parking
Page 14, Line 20regulations before the regulations are adopted or amended or before the person agrees to be a tenant.
Page 14, Line 21(3) (a) Except as provided in subsection (3)(d) of this
Page 15, Line 1section, a vehicle immobilization company shall not immobilize
Page 15, Line 2a vehicle in a parking space or common parking area without the
Page 15, Line 3vehicle immobilization company or property owner giving the
Page 15, Line 4vehicle owner or operator twenty-four hours' written notice,
Page 15, Line 5unless the vehicle owner or operator has received a previous notice for parking inappropriately in the same manner.
Page 15, Line 6(b) The vehicle immobilization company or property owner
Page 15, Line 7shall provide the notice required in subsection (3)(a) of this
Page 15, Line 8section by placing a written notice on the windshield of the
Page 15, Line 9vehicle at least twenty-four hours before immobilizing the vehicle.
Page 15, Line 10(c) The notice required in subsection (3)(a) of this section must state clearly:
Page 15, Line 11(I) That the vehicle will be immobilized if the vehicle remains parked inappropriately;
Page 15, Line 12(II) A description of the inappropriate parking that has caused the notice to be given;
Page 15, Line 13(III) The date and time the vehicle will be immobilized if it
Page 15, Line 14is not moved to appropriate parking or the inappropriate parking has not been corrected; and
Page 15, Line 15(IV) That continuing to park inappropriately in the same
Page 15, Line 16manner may lead to the vehicle being immobilized without notice.
Page 15, Line 17(d) (I) A vehicle immobilization company or property
Page 15, Line 18owner need not give the notice required in subsection (3)(a) of
Page 15, Line 19this section before immobilizing the vehicle if the vehicle
Page 15, Line 20immobilization company gives the notice required in subsection(3)(d)(II) of this section and if:
Page 16, Line 1(A) The vehicle is parked a second or subsequent time in
Page 16, Line 2the same inappropriate manner that caused it to receive previous notices;
Page 16, Line 3(B) The vehicle is parked in or effectively obstructing a fire hydrant or a designated and marked fire zone;
Page 16, Line 4(C) The vehicle is parked in violation of section 42-4-1208
Page 16, Line 5(4) or in reserved parking for people with disabilities without
Page 16, Line 6displaying an identifying placard or an identifying plate, as
Page 16, Line 7those terms are defined in section 42-3-204 (1)(f) and (1)(g), that
Page 16, Line 8is currently valid or has been expired for no more than sixty days;
Page 16, Line 9(D) The immobilization is expressly ordered or authorized
Page 16, Line 10by a court order, an administrative order, or a peace officer or by operation of law;
Page 16, Line 11(E) The vehicle significantly blocks a driveway or
Page 16, Line 12roadway enough to effectively obstruct a person's access to the driveway or roadway;
Page 16, Line 13(F) The vehicle is parked in an individually designated, rented, or purchased parking space of a resident; or
Page 16, Line 14(G) The vehicle is parked in a parking lot marked for the
Page 16, Line 15exclusive use of residents; except that the notice required in
Page 16, Line 16subsection (3)(a) of this section is required for parking spaces that are designated as visitor parking.
Page 16, Line 17(II) To immobilize a vehicle under subsection (3)(d)(I) of
Page 16, Line 18this section, the vehicle immobilization company must place a
Page 16, Line 19notice on the immobilized vehicle that contains the phone
Page 17, Line 1number of the company, the normal operating hours of the
Page 17, Line 2company, and the phone number to contact the company outside of normal operating hours.
Page 17, Line 3(e) For purposes of this subsection (3), a vehicle is parked inappropriately when it is parked in a manner that:
Page 17, Line 4(I) Violates the procedures necessary to obtain authorization to park in the lot or space;
Page 17, Line 5(II) Fails to comply with the property owner's signs or the agreements of the tenants; or
Page 17, Line 6(III) Violates a statute, rule, ordinance, or resolution of the state or a political subdivision of the state.
Page 17, Line 7(4) (a) A vehicle immobilization company shall not
Page 17, Line 8immobilize a vehicle on private property normally used for parking unless:
Page 17, Line 9(I) Notice of the parking regulations was provided to the
Page 17, Line 10vehicle operator upon entering the private property and parking the vehicle; and
Page 17, Line 11(II) Notice that a vehicle parked in violation of the
Page 17, Line 12regulations is subject to immobilization at the vehicle owner's
Page 17, Line 13expense was provided to the vehicle operator upon entering the private property and parking the vehicle.
Page 17, Line 14(b) A property owner with tenants shall provide the
Page 17, Line 15notice described in this subsection (4) by issuing each tenant a
Page 17, Line 16written document containing the applicable parking regulations
Page 17, Line 17before the regulations are adopted or amended or before the person agrees to be a tenant.
Page 17, Line 18(5) Unless the immobilization is based on an order given by
Page 18, Line 1a peace officer, a vehicle immobilization company shall not
Page 18, Line 2immobilize a vehicle on private property because the rear license
Page 18, Line 3plate of the vehicle or the record obtained using the system
Page 18, Line 4described in section 42-4-2103 (3)(c)(III) indicates that the vehicle's registration has expired.
Page 18, Line 5(6) A vehicle immobilization company shall not immobilize
Page 18, Line 6a vehicle because the vehicle is inoperable if the vehicle is owned
Page 18, Line 7by a resident and is parked in the resident's designated, rented,
Page 18, Line 8or purchased parking space or driveway or in a mobile home lot that is leased or owned by the resident.
Page 18, Line 940-10.1-806. Signage required to immobilize a vehicle -
Page 18, Line 10effective date. (1) In order for a vehicle immobilization company
Page 18, Line 11to immobilize a vehicle, the property owner must have posted signage that:
Page 18, Line 12(a) Is not less than two square feet in size;
(b) Has lettering not less than one inch in height;
Page 18, Line 13(c) Has lettering that contrasts sharply in color with the
Page 18, Line 14background on which the letters are placed and contrasts sharply with the structure the signs are placed on;
Page 18, Line 15(d) Contains the following information in the order listed below:
Page 18, Line 16(I) The restriction or prohibition on parking;
Page 18, Line 17(II) The times of the day and days that the restriction is
Page 18, Line 18applicable, but, if the restriction applies twenty-four hours per
Page 18, Line 19day, seven days per week, the sign must say "Authorized Parking Only";
Page 18, Line 20(III) Notice that violating the regulation subjects the
Page 19, Line 1violating vehicle to be immobilized at the vehicle owner's expense; and
Page 19, Line 2(IV) The name and telephone number of the vehicle
Page 19, Line 3immobilization company authorized to perform immobilizations on the private property;
Page 19, Line 4(e) Is printed in English and Spanish;
(f) Is permanently mounted both:
Page 19, Line 5(I) At each entrance to the private property so that the
Page 19, Line 6sign faces outward toward the street and is visible before and upon entering the private property; and
Page 19, Line 7(II) Inside the private property so that the sign faces outward toward the parking area;
Page 19, Line 8(g) Is not obstructed from view or placed in a manner that prevents direct visibility;
Page 19, Line 9(h) Is not placed higher than ten feet or lower than three feet from the surface closest to the sign's placement;
Page 19, Line 10(i) Has the same number of signs as the number of
Page 19, Line 11lampposts if the parking area has more than ten freestanding lampposts on the property, and:
Page 19, Line 12(I) A sign is posted on each lamppost; or
Page 19, Line 13(II) A sign is posted upright in conspicuous locations evenly distributed across the parking area.
Page 19, Line 14(2) The signage required by this section may be combined with the signage required in section 40-10.1-405.
Page 19, Line 15(3) (a) This section is effective January 1, 2026.
(b) This subsection (3) is repealed, effective July 2, 2026.
Page 19, Line 1640-10.1-807. Patrolling prohibited.A vehicle immobilization
Page 20, Line 1company shall not patrol or monitor property to enforce parking restrictions on behalf of a property owner.
Page 20, Line 240-10.1-808. Insurance must be provided.In connection with
Page 20, Line 3an immobilization, a vehicle immobilization company shall
Page 20, Line 4provide, upon request, evidence of the vehicle immobilization
Page 20, Line 5company's commercial liability insurance coverage, including
Page 20, Line 6motor vehicle liability coverage, to an authorized or interested person.
Page 20, Line 740-10.1-809. Payment requirements - itemized bills. (1) (a) A
Page 20, Line 8vehicle immobilization company shall immediately accept
Page 20, Line 9payment if offered in cash or by valid major credit card. Upon
Page 20, Line 10payment, the vehicle immobilization company shall release the vehicle to an authorized or interested person.
Page 20, Line 11(b) A vehicle immobilization company shall disclose
Page 20, Line 12accepted forms of payment, including those forms required to be accepted in accordance with subsection (1)(a) of this section.
Page 20, Line 13(2) A vehicle immobilization company shall provide to an
Page 20, Line 14authorized or interested person an itemized bill showing each
Page 20, Line 15charge and the rate for each fee incurred as a result of an immobilization and any fee that caused the immobilization.
Page 20, Line 1640-10.1-810. Release requirements - notice - private property
Page 20, Line 17- release for nonconsensual tow. (1) If a vehicle immobilization
Page 20, Line 18company has immobilized a vehicle on private property, the
Page 20, Line 19vehicle immobilization company shall give the authorized or
Page 20, Line 20interested person that is having the vehicle released a written
Page 20, Line 21notice of the person's ability to make a complaint to the
Page 20, Line 22commission. The notice:
Page 21, Line 1(a) Must be written in a conspicuous typeface and font on the invoice, receipt, and bill for releasing the vehicle; and
Page 21, Line 2(b) Must not be in a typeface or font that is smaller than
Page 21, Line 3the other numbers or words on the invoice, receipt, or bill, as applicable.
Page 21, Line 4(2) A vehicle immobilization company shall release the motor vehicle to an authorized or interested person either:
Page 21, Line 5(a) Within one hundred twenty minutes after being
Page 21, Line 6contacted by the authorized or interested person outside of the vehicle immobilization company's normal business hours; or
Page 21, Line 7(b) Within ninety minutes after being contacted by the
Page 21, Line 8authorized or interested person during the vehicle immobilization company's normal business hours.
Page 21, Line 9(3) A vehicle immobilization company shall immediately
Page 21, Line 10release a vehicle and remove the immobilization device without
Page 21, Line 11charge to a towing carrier when evidence is presented that the
Page 21, Line 12towing carrier has authorization to conduct a nonconsensual tow or law-enforcement-directed tow.
Page 21, Line 13(4) (a) A vehicle immobilization company may remotely
Page 21, Line 14release an immobilization device from a vehicle. The vehicle
Page 21, Line 15immobilization company shall retrieve the immobilization device within one hundred twenty minutes after releasing it.
Page 21, Line 16(b) The driver of a remotely released vehicle shall move
Page 21, Line 17the immobilization device from the road so that it is not a
Page 21, Line 18hazard to vehicles or pedestrians unless the driver has a
Page 21, Line 19physical limitation that makes moving the device unreasonably
Page 21, Line 20difficult or impossible. The owner or operator need not return
Page 22, Line 1the device to the vehicle immobilization company or a location specified by the vehicle immobilization company.
Page 22, Line 240-10.1-811. Partial-payment release - partial charge - form
Page 22, Line 3required. (1) (a) A vehicle immobilization company shall immediately release an immobilized vehicle if:
Page 22, Line 4(I) The authorized or interested person pays at least sixty
Page 22, Line 5dollars of the amount owed to the vehicle immobilization company for the immobilization;
Page 22, Line 6(II) The authorized or interested person is not a lienholder or insurance company; and
Page 22, Line 7(III) The authorized or interested person complies with subsection (1)(b) of this section.
Page 22, Line 8(b) (I) For an authorized or interested person to retrieve
Page 22, Line 9a vehicle without paying the vehicle immobilization company the
Page 22, Line 10total amount owed to the company, the authorized or
Page 22, Line 11interested person must sign a form affirming that the
Page 22, Line 12authorized or interested person owes the company payment for
Page 22, Line 13fees that comply with this article 10.1 or article 20 of title 38.
Page 22, Line 14Knowingly providing false information on the form is unlawful.
Page 22, Line 15Signing the form does not prohibit an authorized or interested
Page 22, Line 16person from filing a complaint with the commission or pursuing
Page 22, Line 17other remedies. The vehicle immobilization company may use the
Page 22, Line 18form to take reasonable actions to collect the debt.
Page 22, Line 19Reasonable actions include initiating a court action or using a collection agency.
Page 22, Line 20(II) The commission shall:
Page 22, Line 21(A) Create the form;
Page 23, Line 1(B) Title the form: "Immobilized Vehicle Release Notice with Payment Owed"; and
Page 23, Line 2(C) Provide the form on the commission's website for vehicle immobilization companies to retrieve and use.
Page 23, Line 3(c) To release a vehicle in accordance with subsection
Page 23, Line 4(1)(a) of this section, a vehicle immobilization company shall not
Page 23, Line 5require a person to undergo an approval process, other than
Page 23, Line 6signing the form created pursuant to subsection (1)(b) of this section.
Page 23, Line 7(2) (a) A vehicle immobilization company shall charge a
Page 23, Line 8reduced release charge in an amount set by the commission to
Page 23, Line 9release a vehicle if the vehicle is released after an employee of
Page 23, Line 10or agent of the vehicle immobilization company starts to
Page 23, Line 11immobilize the vehicle but before the agent or employee leaves the private property.
Page 23, Line 12(b) If approached by an authorized or interested person
Page 23, Line 13before the vehicle is immobilized on private property, the vehicle
Page 23, Line 14immobilization company shall notify the authorized or
Page 23, Line 15interested person that the company is required to release the
Page 23, Line 16vehicle upon request of the authorized or interested person and
Page 23, Line 17payment of the charge described in subsection (2)(a) of this section.
Page 23, Line 18(c) Upon request by the authorized or interested person
Page 23, Line 19and payment of the charge described in subsection (2)(a) of this
Page 23, Line 20section, the vehicle immobilization company shall immediately stop an immobilization in progress on private property.
Page 23, Line 2140-10.1-812. Records.A vehicle immobilization company
Page 24, Line 1shall retain evidence, including photographs of the relevant
Page 24, Line 2signs and of the vehicle, of giving the notices and disclosures
Page 24, Line 3required in sections 40-10.1-802, 40-10.1-805, and 40-10.1-806 for
Page 24, Line 4three years after the date of completion of an immobilization
Page 24, Line 5and provide the evidence to the commission or an enforcement official upon request.
Page 24, Line 640-10.1-813. Applicability - exceptions. (1) Sections 40-10.1-802 to 40-10.1-812 do not apply to:
Page 24, Line 7(a) An immobilization ordered by a peace officer or
Page 24, Line 8technician directed by a peace officer in the course and scope of the officer's or technician's duties;
Page 24, Line 9(b) An immobilization in a parking space that serves a
Page 24, Line 10business if the parking space is on commercial real estate, as defined in section 38-22.5-102 (2);
Page 24, Line 11(c) An immobilization ordered by a municipality, a county,
Page 24, Line 12or a city and county or performed by an agent of, contractor
Page 24, Line 13of, or employee of a municipality, a county, or a city and county; or
Page 24, Line 14(d) An immobilization in a parking space that is on
Page 24, Line 15federally leased land and that is used for commercial parking purposes.
Page 24, Line 1640-10.1-814. Kickbacks prohibited.A vehicle immobilization
Page 24, Line 17company shall not pay money or provide other valuable consideration for the privilege of immobilizing vehicles.
Page 24, Line 1840-10.1-815. Rules.The commission may adopt rules as necessary and reasonable to implement this part 8.
Page 24, Line 1940-10.1-816. Violators subject to penalties.An immobilization
Page 25, Line 1in violation of sections 40-10.1-802 to 40-10.1-812 or section
Page 25, Line 240-10.1-814 by a vehicle immobilization company is a deceptive
Page 25, Line 3trade practice under section 6-1-105 (1)(iiii) and is subject to
Page 25, Line 4enforcement by the attorney general's office or a district attorney.
Page 25, Line 5SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:
Page 25, Line 66-1-105. Unfair or deceptive trade practices - definitions.
Page 25, Line 7(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 25, Line 8(iiii) Is a vehicle immobilization company and immobilizes
Page 25, Line 9a vehicle in violation of sections 40-10.1-802 to 40-10.1-812 or section 40-10.1-814.
Page 25, Line 10SECTION 5. Applicability. This act applies to violations committed on or after the effective date of this act.
Page 25, Line 11SECTION 6. Safety clause. The general assembly finds,
Page 25, Line 12determines, and declares that this act is necessary for the immediate
Page 25, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 25, Line 14the support and maintenance of the departments of the state and state institutions.