§ 42-9-112. Criminal Penalties

1. [ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Except as provided in subsection (2) of this section, any motor vehicle repair facility or any employee of such facility that fails to provide a completed written or oral estimate as required under section 42-9-104 (2), or an invoice as required under section 42-9-108, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than two thousand dollars per violation. No portion of the minimum fine for repeat offenders shall be suspended.

   (1) [ Editor’s note: This version of subsection (1) is effective March 1, 2022. ] Except as provided in subsection (2) of this section, any motor vehicle repair facility or any employee of such facility that fails to provide a completed written or oral estimate as required under section 42-9-104 (2) or an invoice as required under section 42-9-108 or violates the provisions of section 42-9-105 commits a petty offense.

2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Except as otherwise provided in subsection (4) of this section, any motor vehicle repair facility or any employee of such facility who violates section 42-9-111 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars per violation. No portion of the minimum fine for repeat offenders shall be suspended.

   (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] Except as otherwise provided in subsection (4) of this section, any motor vehicle repair facility or any employee of such facility who violates section 42-9-111 commits a petty offense. No portion of the minimum fine for repeat offenders shall be suspended.

   (2.5) [ Editor’s note: This version of subsection (2.5) is effective until March 1, 2022. ] Any motor vehicle repair facility or any employee of such facility who violates any provision of this article other than the provisions for which penalties are provided in subsections (1), (2), and (4) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars per violation.

   (2.5) [ Editor’s note: This version of subsection (2.5) is effective March 1, 2022. ] Any motor vehicle repair facility or any employee of such facility who violates any provision of this article 9 other than the provisions for which penalties are provided in subsections (1), (2), and (4) of this section commits a petty offense.

   (2.7) A violation of this article shall also constitute a deceptive trade practice in violation of the “Colorado Consumer Protection Act”, article 1 of title 6, C.R.S., and shall subject the motor vehicle repair facility or any employee of such facility to the remedies or penalties contained in article 1 of title 6.

3. (Deleted by amendment, L. 97, p. 863 , § 11, effective May 21, 1997.)
4. [ Editor’s note: This version of subsection (4) is effective until March 1, 2022.] Any motor vehicle repair facility or any employee of such facility who violates the provisions of section 42-9-111 (1)(j) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two thousand five hundred dollars and not more than five thousand dollars per violation, or imprisonment in the county jail for up to one year, or both.

   (4) [ Editor’s note: This version of subsection (4) is effective March 1, 2022. ] Any motor vehicle repair facility or any employee of such facility who violates the provisions of section 42-9-111 (1)(j) commits a petty offense.

Source: L. 94: Entire title amended with relocations, p. 2506, § 1, effective January 1, 1995. L. 95: Entire section amended, p. 578, § 7, effective January 1, 1996. L. 97: Entire section amended, p. 863, § 11, effective May 21. L. 2002: (2) and (2.5) amended and (4) added, p. 196, § 2, effective July 1. L. 2021: (1), (2), (2.5), and (4) amended, (SB 21-271), ch. 462, p. 3323, § 769, effective March 1, 2022.

Editor’s note:

1. This section is similar to former § 42-11-109 as it existed prior to 1994.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For penalties for petty offenses, see § 18-1.3-503.