Colorado Dealers,

On Friday, April 3, 2020, the Motor Vehicle Dealer Board met in an emergency rulemaking session to promulgate rules related to the enforcement of Governor Polis’ Executive Order and the Colorado Department of Public Health and Environment’s Public Health Order 20-24.

The unanimously adopted rule (attached to this memo) largely follows guidelines set last week by the state of New Mexico, yet follows initial limits set by the Public Health Order (PHO).  It is expected this will be effective during the time time the PHO is in place, until the next meeting of the Motor Vehicle Dealer Board, unless further action is taken by the Dealer Board in that time.  It will be codified at 1-CCR-205-10, 44-20-102(22)-E.  The Powersports version will be codified as Regulation 44-20-402(17)-E.

The rule holds that showrooms need to be closed.  On-line and remote transactions are acceptable, and consumers may come by appointment only to conduct paperwork related to those electronic deals.  When a consumer comes to take delivery/sign paperwork, every possible cleaning and mitigation measure available should be taken.  This includes distancing of 6 feet or greater, service areas used for consumer transactions are properly sanitized, or that the delivery occur at a consumer’s home.

If you joined CADA’s conference call last week and adopted the best practices described in that call, this rule should not require any substantial revisions to your process.  If anything, this order permits the by appointment only standard, which was previously unclear.  Do note, that these appointments should only be used for the purpose of papering electronic or remote sales, and not to launch new efforts to sell in person.  In person sales remain prohibited under the Public Health Order.  This regulation only opens the option to obtain those signatures that state law requires to be in person (Power of Attorney and Dealer Bill of Sale), as well as verification of identity.

The actions of the Board today create another option for dealers and represent a step in the right direction towards allowing sales during this time.  If you have any questions, please call Tim Jackson at 303-282-1448 or Matthew Groves at 303-282-1449.

 

View the FULL memo here