(1) The following persons need not obtain a Colorado driver's license:
(a) Any person who operates a federally owned military motor vehicle while serving in the armed forces of the United States;
(b) Any person who temporarily drives or operates any road machine, farm tractor, or other implement of husbandry on a highway;
(c) Any nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to such nonresident by his or her state or country of residence. A nonresident who is at least sixteen years of age and whose state or country of residence does not require the licensing of drivers may operate a motor vehicle as a driver for not more than ninety days in any calendar year, if said nonresident is the owner of the vehicle driven and if the motor vehicle so operated is duly registered in such nonresident's state or country of residence and such nonresident has in his or her immediate possession a registration card evidencing such ownership and registration in his or her own state or country.
(d) A nonresident on active duty in the armed forces of the United States if that person has in his or her possession a valid driver's license issued by such nonresident's state of domicile or, if returning from duty outside the United States, has a valid driver's license in his or her possession issued by the armed forces of the United States in foreign countries, but such armed forces license shall be valid only for a period of forty-five days after the licensee has returned to the United States;
(e) The spouse of a member of the armed forces of the United States who is accompanying such member on military or naval assignment to this state, who has a valid driver's license issued by another state, and whose right to drive has not been suspended or revoked in this state;
(f) Any nonresident who is temporarily residing in Colorado for the principal purpose of furthering such nonresident's education, is at least sixteen years of age, has a valid driver's license from his or her state of residence, and is considered a nonresident for tuition purposes by the educational institution at which such nonresident is furthering his or her education.
(2) Any person who has in his or her possession a valid driver's license issued by such person's previous state of residence shall be exempt, for thirty days after becoming a resident of the state of Colorado, from obtaining a license, as provided in section 42-2-101.
Source: L. 94: Entire title amended with relocations, p. 2115, § 1, effective January 1, 1995.
Notes of Decisions
Cited in
8
cases, 1975–2017 · leading case:
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
· cites it 4× “In light of the requirement that new residents obtain a Colorado driving license within thirty days of residence, see § 42-2-102(2), C.R.S.2009, it would have been reasonable to inquire whether Silva was in the country legally.”
Colorado Dep't of Revenue, Motor Veh. Div. v. Smith, 640 P.2d 1143 (Colo. 1982).
· cites it 3× “While the record is unclear whether the respondents had in fact changed their residence to another state, this question is not before us as the respondents were not charged for failure to comply with section 42-2-102, C.R.S. 1973. 2 . Thus, the proscription in section 42-7 —…”
United States v. Rubio-Sepulveda, 237 F. Supp. 3d 1116 (D. Colo. 2017).
· cites it 2× “§ 42-2-102 , “any person who has in his or her possession a valid driver’s license issued by such person’s previous state of residence shall be exempt, for thirty days after becoming a resident of the' state of Colorado, from obtaining a license.”
Bd. of Cty. Com. Cty. of Logan v. Vandemoer, 205 P.3d 423 (Colo. Ct. App. 2008).
· cites it 2× “2007 (exempting implements of husbandry from commercial vehicle regulations); § 42-2-102(l)(b), C.R.S.2007 (persons temporarily operating implements of husbandry on the highway do not need to obtain a driver’s license); § 42-4-202(2), C.”
People v. Meredith, 763 P.2d 562 (Colo. 1988).
· cites it 2× “(1984), provides: (I) No person except those expressly exempted in section 42-2-102, shall drive any motor vehicle upon a highway in this state unless such person has a valid license prepared and issued by the department under this article.”
United States v. Rogers, 865 F. Supp. 718 (D. Colo. 1994).
“§ 42-2-102(l)(c). If that license were not valid, then the exemption would not be applicable.”
— Colo. Rev. Stat. § 42-2-102(2) — 1 case
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
“In light of the requirement that new residents obtain a Colorado driving license within thirty days of residence, see § 42-2-102(2), C.R.S.2009, it would have been reasonable to inquire whether Silva was in the country legally.”
— Colo. Rev. Stat. § 42-2-102(l)(b) — 1 case
Bd. of Cty. Com. Cty. of Logan v. Vandemoer, 205 P.3d 423 (Colo. Ct. App. 2008).
“2007 (exempting implements of husbandry from commercial vehicle regulations); § 42-2-102(l)(b), C.R.S.2007 (persons temporarily operating implements of husbandry on the highway do not need to obtain a driver’s license); § 42-4-202(2), C.”
— Colo. Rev. Stat. § 42-2-102(l)(c) — 1 case
United States v. Rogers, 865 F. Supp. 718 (D. Colo. 1994).
“§ 42-2-102(l)(c). If that license were not valid, then the exemption would not be applicable.”
— Colo. Rev. Stat. § 42-2-102(l)(d) — 1 case
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