42-3-202. Number plates furnished to be attached - penalty.
Statute text
(1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the owner shall attach the number plates assigned to a self-propelled vehicle to the vehicle with one in the front and the other in the rear.
(II) The owner shall attach the number plate assigned to any of the following vehicles to the rear of the vehicle:
(A) A motorcycle;
(B) An autocycle;
(C) A street rod vehicle;
(D) A trailer, semitrailer, or other vehicle drawn by a motor vehicle; or
(E) Special mobile machinery.
(III) The owner shall display number plates during the current registration year, except as otherwise provided in this article 3.
(b) If the department issues a validating tab or sticker to a motor vehicle pursuant to section 42-3-201, the current month validating tab or sticker shall be displayed in the bottom left corner of the rear license plate. The current year validating tab or sticker shall be displayed in the bottom right corner of the rear license plate. The tabs or stickers shall be visible at all times.
(2) (a) (I) The owner or driver of a motor vehicle shall securely fasten the license plate to the vehicle to which it is assigned so as to prevent the plate from swinging.
(II) Except when authorized by this article 3 or rule of the department, the rear license plate must be:
(A) Horizontal at a height not less than twelve inches from the ground, measuring from the bottom of the plate;
(B) In a place and position to be clearly visible;
(C) Maintained free from foreign materials and clearly legible;
(D) At the approximate center of the vehicle measured horizontally; and
(E) Mounted on or within eighteen inches of the rear bumper.
(III) Except when authorized by this article 3, the front license plate must be:
(A) Displayed horizontally on the front of a motor vehicle in the location designated by the motor vehicle manufacturer;
(B) Maintained free from foreign materials; and
(C) Clearly legible.
(b) A person shall not operate a motor vehicle with an affixed device or a substance that causes all or a portion of a license plate to be unreadable by a system used to automatically identify a motor vehicle. Such a device includes, without limitation, a cover that distorts angular visibility; alters the color of the plate; or is smoked, tinted, scratched, or dirty so as to impair the legibility of the license plate.
(3) (a) A person who violates any provision of this section commits a class B traffic infraction.
(b) A person who violates paragraph (b) of subsection (2) of this section commits a class A traffic infraction and shall be punished by a fine of one hundred dollars.
(4) Notwithstanding subsections (1) to (3) of this section, the owner of a military vehicle may elect to not display the vehicle's assigned license plate if the license plate is physically in the military vehicle and is available for inspection to any peace officer who requests the plate.
History
Source: L. 2005: Entire article amended with relocations, p. 1108, 2, effective August 8. L. 2008: (1) amended, p. 321, 2, effective July 1. L. 2010: (4) added, (SB 10-075), ch. 169, p. 597, 2, effective August 11; (1)(a) amended, (HB 10-1172), ch. 320, p. 1491, 10, effective October 1. L. 2014: (1)(a) amended, (HB 14-1367), ch. 303, p. 1286, 3, effective July 1. L. 2015: (2)(a) amended, (SB 15-090), ch. 334, p. 1360, 2, see subsection (2) of the editor's note following this section. L. 2017: (1)(a) amended, (HB 17-1044), ch. 72, p. 229, 4, effective March 23. L. 2018: (2)(a)(II) and (2)(a)(III) amended, (SB 18-028), ch. 85, p. 685, 1, effective March 29. L. 2022: (1)(a) amended, (HB 22-1043), ch. 361, p. 2583, 9, effective January 1, 2023.
Annotations
Editor's note: (1) This section is similar to former 42-3-123 as it existed prior to 2005.
(2) Section 6(1)(b) and 6(2) of chapter 334 (SB 15-090), Session Laws of Colorado 2015, provides that changes to this section take effect only if the department of revenue receives enough gifts, grants, and donations for materials, start-up costs, and computer programming necessary to implement this act, and take effect January 1, 2016, only if the revisor of statutes receives written notice that such funds were received. The revisor of statutes received the required notice, dated February 12, 2016.
Annotations
Cross references: For the penalty for a class B traffic infraction, see 42-4-1701 (3)(a)(I).
Annotations
ANNOTATION
Annotations
Annotator's note. Since 42-3-202 is similar to 42-3-123 as it existed prior to the 2005 amendment to article 3 of title 42, which resulted in the relocation of provisions, relevant cases construing that provision and its predecessors have been included in the annotations to this section.
This section, when read with 42-3-203, applies to temporary plates. Temporary plates must be affixed in the rear and placed in accordance with this section. People v. Hayes, 2020 COA 175, 490 P.3d 1056.
Where the suspect's license plate was obstructed by dirt, in violation of this section, the troopers had a reasonable suspicion that criminal activity was occurring. Although after stopping the vehicle, the troopers could see the plates well enough to discern that they were current, the continued obstruction of the plate constituted an ongoing license plate violation and thus a reasonable purpose for the stop. Because the troopers had a reasonable suspicion and a reasonable stop, they properly initiated an investigatory stop. People v. Altman, 938 P.2d 142 (Colo. 1997).
Applied in People v. Clements, 665 P.2d 624 (Colo. 1983).