CRS 42-3-202 – Driving Without License Plates in Colorado

CRS 42-3-202 is the Colorado statute requiring the owner of a motor vehicle to attach a front and back license plate and display validation tabs on the rear license plate. Failure to do either act is a class B traffic infraction.

42-3-202 states that “the owner shall attach the number plates assigned to a self-propelled vehicle, other than a motorcycle, autocycle, or street rod vehicle, to the vehicle with one in the front and the other in the rear.”

Examples of unlawful acts

• an owner putting a rear license plate on but failing to put a front one on.
• ignoring new plates from the Colorado DMV and refusing to put them on a vehicle.
• not affixing a validating tab or sticker to the rear plate of a car.

Legal Defenses

Traffic lawyers can contest a no license plate charge with a legal defense. A few common defenses include the accused showing that he/she:

• was not the owner of the vehicle,
• was driving a vehicle exempt from the law, and/or
• owned a military vehicle.

Penalties

A violation of this Colorado law is charged as a class B infraction. This is opposed to a class A traffic infraction, a misdemeanor, or a felony.

The offense is punishable by a fine of up to one hundred dollars. No points get assessed on the offender’s driver’s license.

Our Colorado personal injury lawyers will highlight the following in this article:

• 1. What is an offense under CRS 42-3-202?
• 2. Are there defenses?
  • 2.1 Not the owner of the car
  • 2.2 An exempt car
  • 2.3 Military vehicle
• 3. What are the penalties for not having plates?
• 4. Can violating this statute result in other charges?
• 5. Does having no plates affect a personal injury lawsuit?
• 6. Are there laws related to this statute?
  • 6.1 Operating an excessively wide vehicle – CRS 42-4-502
  • 6.2 Operating an overweight vehicle – CRS 42-4-508
  • 6.3 Jaywalking – CRS 42-4-801

1. What is an offense under CRS 42-3-202?

According to Colorado Revised Statutes 42-3-202, the owner of a motor vehicle must attach both a front and rear license plate to his/her auto.¹

The law also states that owners must attach validation tabs or stickers to the rear license plate at the bottom of the plate.²

An owner of a vehicle receives two license plates and two validation tabs at the time of vehicle registration. All such items are issued by the state’s Division of Motor Vehicles of the Colorado Department of Revenue.

2. Are there defenses?

Traffic lawyers can answer the following questions regarding defenses under this statute.

1. is it a defense if a person was not the owner of the vehicle?
2. are certain vehicles exempt from this license plate law?
3. what about military vehicles?

2.1 Not the owner of the subject car

Recall that this statute only applies to the owners of vehicles. They are the ones that bear the responsibility of attaching license plates. Therefore, an accused could try to escape liability by saying that he/she was not the car’s owner.

2.2 An exempt car

This statute exempts Certain vehicles from the front and rear license plate requirements. Examples include:

• motorcycles,
• autocycles, and
• street rods.

Therefore, an accused can always show that he/she was driving one of these vehicles.

2.3 Military vehicle

Similarly, military vehicle owners are exempt from this law, provided that they carry a plate inside the car. A defense, then, is for a person to show that he owned a military vehicle.

3. What are the penalties for not having plates

An owner of a vehicle that fails to attach front and back plates is guilty of a class B traffic infraction.

The offense is punishable by a $100 fine. The DMV does not place any points on the offender’s driver’s license.

4. Can violating this statute result in other charges?

Operating a vehicle with no plates can lead to other charges, like Colorado DUI or speeding.

This is because once police stop a person for a traffic offense, they can charge that person for any crime or charge for which they have probable cause to believe the driver committed.

5. Does having no plates affect a personal injury lawsuit?

Violating these laws can lead to a court finding that a driver is negligent per se in a personal injury case.

This, though, does not necessarily mean that the driver would be liable for any accident or injuries alleged in the suit. A plaintiff would still have to prove that the driver was in fact negligent.

6. Are there laws related to this statute?

The following are laws related to this statute:

1. operating an excessively wide vehicle – CRS 42-4-502,
2. operating an overweight vehicle – CRS 42-4-508, and
3. jaywalking – CRS 42-4-801.

6.1 Operating an excessively wide vehicle – CRS 42-4-502

CRS 42-4-502 is the Colorado statute that makes it a traffic offense for a driver of a motor vehicle to operate an excessively wide vehicle, or one that is wider than eight feet six inches. Note that some exceptions to this law do apply.

6.2 Operating an overweight vehicle – CRS 42-4-508

CRS 42-4-508 is the Colorado law that sets forth the legal weight limits for certain vehicles and combinations of vehicles. Driving a vehicle above a specific weight limit is a misdemeanor traffic offense.

6.3 Jaywalking – CRS 42-4-801

CRS 42-4-801 is the Colorado regulation that makes it an offense for a pedestrian to disobey any official traffic control device that is specifically applicable to the pedestrian. This includes a device informing whether to cross a street or not.

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Legal References:

1. CRS 42-3-202(1)(a). The language of the code section reads as follows:

   (1)(a) The owner shall attach the number plates assigned to a self-propelled vehicle, other than a motorcycle or street rod vehicle, to the vehicle with one in the front and the other in the rear. The owner shall attach the number plate assigned to a motorcycle, street rod vehicle, trailer, semitrailer, other vehicle drawn by a motor vehicle, or special mobile machinery to the rear of the vehicle. 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.

2. CRS 42-3-202(1)(b).