Colorado Code § 43-4-804

Highway safety projects - surcharges and fees - crediting of money to highway users tax fund - definition
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(1) The following surcharges, fees, and fines shall be
collected and credited to the highway users tax fund created in section 43-4-201 (1)(a) and
allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205
(6.3):
(a) (I) A road safety surcharge, which, except as otherwise provided in subsections
(1)(a)(III) and (1)(a)(VI) of this section, is imposed for any registration period that commences
on or after July 1, 2009, upon the registration of any vehicle for which a registration fee must be
paid pursuant to part 3 of article 3 of title 42 and is also imposed upon any item of special
mobile machinery that is covered by a registration exempt certificate issued by the department of
revenue in accordance with section 42-3-107 (16)(g). Except as otherwise provided in
subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the amount of the surcharge is:
(A) Sixteen dollars for a motorcycle, as defined in section 42-1-102 (55); a trailer coach,
as defined in section 42-1-102 (106); an autocycle, as defined in section 42-1-102 (7.5); or any
vehicle that weighs two thousand pounds or less;
(B) Twenty-three dollars for any vehicle that weighs more than two thousand pounds but
not more than five thousand pounds;
(C) Twenty-eight dollars for any vehicle that weighs more than five thousand pounds but
not more than ten thousand pounds;
(D) Thirty-seven dollars for any vehicle that is a passenger bus or that weighs more than
ten thousand pounds but not more than sixteen thousand pounds; and
(E) Thirty-nine dollars for any vehicle that weighs more than sixteen thousand pounds.
(II) The road safety surcharge shall be imposed when a vehicle is registered as required
by article 3 of title 42 or, for an item of special mobile machinery that is covered by a
registration exempt certificate issued by the department of revenue in accordance with section
42-3-107 (16)(g), at the time set forth in section 42-3-107 (16)(g)(III). Each authorized agent
shall remit to the department of revenue no less frequently than once a month, but otherwise at
the time and in the manner required by the executive director of the department of revenue, all
road safety surcharges collected by the authorized agent. The executive director of the
department of revenue shall forward all road safety surcharges remitted by authorized agents
plus any road safety surcharges collected directly by the department of revenue to the state
treasurer, who shall credit the surcharges to the highway users tax fund.
(III) The road safety surcharge shall not be imposed on any rental vehicle on which a
daily vehicle rental fee is imposed pursuant to paragraph (b) of this subsection (1).
(IV) The amount of the road safety surcharge imposed on any vehicle that is an item of
Class A personal property, as defined in section 42-3-106 (2)(a), C.R.S., shall be the product of
the amount of the surcharge imposed based on the weight of the vehicle pursuant to
subparagraph (I) of this paragraph (a) and the percentage of the item's total apportioned
registration apportioned to Colorado.
(V) The amount of the road safety surcharge imposed pursuant to this paragraph (a) shall
be one-half of the amount specified in subparagraph (I) of this paragraph (a) for any vehicle that
is a truck or truck tractor that is owned by a farmer or rancher and is used commercially only:
(A) To transport to market or place of storage raw agricultural products actually
produced or livestock actually raised by the farmer or rancher in farming or ranching operations;
or
(B) To transport commodities or livestock purchased by the farmer or rancher for
personal use in the farmer's or rancher's farming or ranching operations.
(VI) The road safety surcharge shall not be imposed on any vehicle for which the
department of revenue has issued a horseless carriage special license plate pursuant to section
42-12-301, C.R.S.
(VII) Each vehicle registration fee invoice shall list the road safety surcharge separately
from all other vehicle registration fees or surcharges imposed.
(VIII) For any registration period that begins on or after January 1, 2022, but before
January 1, 2024, the amount of each road safety surcharge imposed pursuant to subsection
(1)(a)(I) of this section is reduced by eleven dollars and ten cents.
(b) (I) (A) Except as otherwise provided in subsections (1)(b)(III) and (1)(b)(IV) of this
section, a daily vehicle rental fee is imposed on all short-term vehicle rentals at the rate of two
dollars per day; except that a subsequent renewal of a short-term vehicle rental is exempt from
the fee to the extent that the renewal extends the total rental period beyond thirty days. The
rental invoice shall list the daily vehicle rental fee separately as a Colorado road safety program
fee. On and after July 1, 2022, a car sharing program, as defined in section 6-1-1202 (4), shall
collect the daily vehicle rental fee for any short-term vehicle rental of twenty-four hours or
longer that is enabled by the car sharing program.
(B) As used in this subsection (1)(b), "short-term vehicle rental" means the rental of any
motor vehicle, as defined in section 42-1-102 (58), with a gross vehicle weight rating of twenty-
six thousand pounds or less that is rented within Colorado for a period of not more than thirty
days.
(II) A person who collects the daily vehicle rental fee imposed by subsection (1)(b)(I) of
this section and who pays specific ownership tax on the vehicles rented in the manner specified
in either section 42-3-107 (11) or (12), or both, shall, no later than the twentieth day of each
month, submit to the department of revenue a report, using forms furnished by the department of
revenue, of daily vehicle rental fees collected for the preceding month and shall include with the
report the remittance of all such fees. A person who collects the daily vehicle rental fee imposed
by subsection (1)(b)(I) of this section but does not pay specific ownership tax on the vehicles in
the manner specified in either section 42-3-107 (11) or (12), or both, shall submit the report and
the remittance of fees collected in the same manner or in such other manner as the executive
director of the department of revenue may prescribe by rules promulgated in accordance with
article 4 of title 24. The executive director of the department of revenue shall forward all daily
vehicle rental fees collected, together with all congestion impact fees imposed by the
transportation enterprise pursuant to section 43-4-806 (7.6) collected, to the state treasurer and
shall identify the amounts of each fee being forwarded. The state treasurer shall credit the daily
vehicle rental fees imposed pursuant to subsection (1)(b)(I)(A) of this section to the highway
users tax fund and shall credit the congestion impact fees imposed by the transportation
enterprise pursuant to section 43-4-806 (7.6) to the transportation special fund as required by
section 43-4-806 (7.6)(b).
(III) Because vehicle sharing is an alternative to personal vehicle ownership that reduces
the number of vehicle miles traveled on the highways of the state by encouraging the use of
transit and reducing the number of trips made in privately owned vehicles and thereby benefits
the state by reducing traffic congestion, greenhouse gas emissions, and the amount of wear and
tear on the highways, the daily vehicle rental fee imposed pursuant to this paragraph (b) shall not
be imposed on any vehicle rented pursuant to a vehicle sharing arrangement if:
(A) Under the terms of the arrangement, an organization provides passenger vehicles for
the use of members of the organization who have paid a membership fee to the organization and
charges an additional fee for each use of a passenger vehicle;
(B) A member of the organization is not required to enter into a separate written
agreement with the organization each time the member reserves and uses a passenger vehicle;
(C) The average paid usage period for all passenger vehicles provided by the
organization during the prior calendar year was six hours or less;
(D) At least three-quarters of all passenger vehicle rentals made by the organization
during the prior calendar year in each municipality or county in which the organization does
business were made to members of the organization who maintain a residence within the city or
county;
(E) Fuel and full insurance coverage are included in the member usage rates; and
(F) Passenger vehicles provided by the organization are stationed in self-serve locations
throughout the county or municipality in which the organization does business.
(IV) (A) For short-term vehicle rentals beginning during state fiscal year 2022-23 and
for short-term vehicle rental periods beginning during any subsequent state fiscal year, the
department of revenue shall annually adjust the amount of the daily vehicle rental fee for
inflation. The department of revenue shall calculate the inflation adjusted amount of the short-
term vehicle rental fee for each state fiscal year and shall publish the amount no later than the
May 1 of the calendar year in which the state fiscal year begins.
(B) As used in this subsection (1)(b)(IV), "inflation" means the average annual
percentage change in the United States department of labor, bureau of labor statistics, consumer
price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable
predecessor or successor index, for the five years ending on the last December 31 before a state
fiscal year for which an inflation adjustment to the short-term vehicle rental fee is to be made
begins.
(c) (I) A supplemental oversize and overweight vehicle surcharge in an amount equal to
the amount of the fee charged pursuant to section 42-4-510 (11)(a), C.R.S., by the department or
the Colorado state patrol for the issuance of the single trip permit; except that the surcharge shall
not be imposed on a vehicle if the single trip permit fee was imposed pursuant to section 42-4-
510 (11)(a)(VI)(B), C.R.S.
(II) The agency issuing an oversize or overweight vehicle single trip permit shall collect
the supplemental oversize and overweight vehicle surcharge at the same time as it collects the
single trip permit fee. The agency shall forward all supplemental oversize and overweight
vehicle surcharges to the department, and the executive director of the department shall forward
the supplemental surcharges to the state treasurer, who shall credit the surcharges to the highway
users tax fund.
(d) (I) A supplemental unregistered vehicle fine imposed in addition to the fine imposed
pursuant to section 42-6-139 (3), C.R.S., upon conviction of a misdemeanor for knowingly
failing to register a vehicle within ninety days of becoming a resident of this state as required by
section 42-3-103 (4)(a), C.R.S.
(II) The supplemental unregistered vehicle fine shall be collected at the same time as the
fine imposed pursuant to section 42-6-139 (3), C.R.S. The amount of the supplemental
unregistered vehicle fine shall be twenty-five dollars for each month or portion of a month that
the vehicle remained unregistered following the ninety-day period during which initial
registration was required; except that the amount of the supplemental unregistered vehicle fine
shall not exceed one hundred dollars. All supplemental unregistered vehicle fines shall be
forwarded to the state treasurer, who shall credit the fines to the highway users tax fund.
(e) Late registration fees required to be credited to the highway users tax fund pursuant
to section 42-3-112 (2), C.R.S.

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