CATPA Insurance Assessment FAQs

Have questions regarding insurance assessments? Check out the FAQs below, if this doesn’t answer your question, please reach out to the CATPA staff.

What is the Colorado Auto Theft Prevention Authority (CATPA)?

In 2003, the Colorado General Assembly created in the Department of Public Safety, the automobile theft prevention authority (CRS42-5-112). Under the authority, a law enforcement agency or other qualified applicant may apply for grants to assist in improving and supporting automobile theft prevention programs for the enforcement or prosecution of automobile theft crimes through statewide planning and coordination.

What vehicles are exempt from the CATPA fee?

1. Vehicles or vehicle combinations with a declared gross weight of more than twenty-six thousand pounds. {§10-4-617(5), C.R.S.,

2. Toy vehicle, snowmobile, off-highway vehicle, or a vehicle designed primarily for use on rails. {§10-4-601(6), C.R.S.}

3. Policies issued under an assigned risk plan established under section §10-4-412 C.R.S. {§10-4-608(1)(a), C.R.S.}

4. Policies, except as authorized by section §10-4-624, arising out of a motor vehicle rental agreement or any self-insurance thereof; {§10-4-608(1)(c), C.R.S.}

5. Policies covering a garage, automobile sales agency, repair shop, service station, or public parking place operation hazard; {§10-4-608(1)(d), C.R.S.}

6. Policies issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance, or use of a motor vehicle on the premises of such insured, or on the ways immediately adjoining such premises. {§10-4-608(1)(e), C.R.S.}

7. Electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection 41-1-102(58)(b), C.R.S., wheelchairs, or vehicles moved solely by human power. {§41-1-102(58)(a)}

8. A motor vehicle of the private passenger or station wagon type that is used as a public or livery conveyance for passengers or rented to others pursuant to the terms of a motor vehicle rental agreement.{§10-4-601(10), C.R.S.}

9. A farm tractor or an off-highway vehicle, except for the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, when operated on streets and highways. {§41-1-102(58)(c)}

Did the assessment fee originally apply to 4 or more vehicles?

Yes, originally the assessment fee only applied to polices for 4 or more vehicles. However, the statute changed in 2017, where 10-4-608 (1)b, C.R.S was repealed and now the fee applies to all insured motor vehicles unless otherwise exempted.

Which vehicles must be counted?

All the vehicles that meet the requirements of Colorado Revised Statute 10-4-601(6) and 10-4-717 (5) must be included when calculating the assessment due. Once the insurer collects the premium for any vehicle meeting the requirements, the fee is fully earned and non-refundable.

What about non-admitted carriers and fleet vehicles?

Vehicles insured by non-admitted carriers must be counted. There are no statutory provisions that would exempt non-admitted carriers from complying with part 6 of article 4 of Title 10.

Regarding Fleet Vehicles, they are not exempted from the CATPA Fee.

Colorado law does not exempt fleet vehicles from the CATPA fee collected pursuant to section §10-4-617, C.R.S. The CATPA Office has viewed applicability for exemptions and inclusion of the CATPA fee to be consistent with the plain language of section §10-4-617 (1), C.R.S. which states “Each insurer that issues a policy pursuant to this part 6 shall biannually pay a fee to the automobile theft prevention board, created pursuant to section 42-5-112, C.R.S., for the support of the automobile theft prevention authority.”

The applicable definition of a policy can be found in §10-4-601(10), C.R.S. which states “Policy” means an automobile insurance policy providing coverage for all or any of the following coverages: Collision, comprehensive, bodily injury liability, property damage liability, medical payments, and uninsured motorist coverage, or a combination automobile policy providing bodily injury liability, property damage liability, medical payments, uninsured motorist, and physical damage coverage, delivered or issued for delivery in this state, insuring a single individual, or husband and wife, or family members residing in the same household, as named insured, and under which the insured vehicles therein designated are of the following types only: (a) A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers nor rented to others pursuant to the terms of a motor vehicle rental agreement; or (b) Any other four-wheel motor vehicle with a load capacity of fifteen hundred pounds or less that is not used in the occupation, profession, or business of the insured.

The applicable definition of a motor vehicle can be found at 10-4-601(6) which states “Motor vehicle” means a “motor vehicle” and a “low-power scooter”, as both terms are defined in section 42-1-102, C.R.S.; except that “motor vehicle” does not include a toy vehicle, snowmobile, off-highway vehicle, or vehicle designed primarily for use on rails. Under 42-1-102(58) a “Motor vehicle”: (a) Means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection (58)(b) of this section, wheelchairs, or vehicles moved solely by human power; (b) Includes a low-power scooter for the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1; and (c) Does not include a farm tractor or an off-highway vehicle, except for the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, when operated on streets and highways.

The applicable definitions regarding a fleet vehicle can be found in §42-1-102(35), C.R.S. which states a “Fleet operator” means any resident who owns or leases ten or more motor vehicles, trailers, or pole trailers and who receives from the department a registration period certificate in accordance with article 3 of this title. Additionally, §42-1-102(36), C.R.S. states a “Fleet vehicle” means any motor vehicle, trailer, or pole trailer owned or leased by a fleet operator and registered pursuant to section 42-3-125.

Applying these definitions, all insurers who issue at least one “policy” pursuant to Colorado law must pay the CATPA fee. That fee is calculated using the number of “motor vehicles” insured. So while a policy on a fleet vehicle might not fall within the definition of “policy,” a fleet vehicle does count as a “motor vehicle” for purposes of calculating the CATPA fee.

In 2017, the legislature made amendments to section §10-4-608, C.R.S. governing exemptions to part 6 of title 10, article 4. Specifically, §10-4-608(1)(b), C.R.S. was repealed. Previously, that provision allowed that part 6 of article 4 of title 10 did not apply to a policy “insuring more than four automobiles.” While the term fleet vehicle was not used in the specific CATPA statutes (sections §10-4-617, §42-5-113, and §42-5-112, C.R.S.), in the past some partners may have considered the now repealed exemption for policies insuring more than four automobiles to include fleet vehicles as commonly understood.

Because the legislation removed this specific exemption, it appears that the provisions of title 10, article 4 and part 6 apply to policies for fleet vehicles.

How is the calculation performed?

All vehicles weighing 26,000 lbs. or less that have been insured on the previous July 1 are assessed at the rate of $1.00 per vehicle.

How is the assessment paid?

The assessment is divided into two payments of 50% each, due on January 1st and July 1st of each year. Assessment can be paid either by an ACH transfer or by check. If sending a check, it should be made payable to: Colorado Department of Public Safety – CATPA and mailed to Colorado Auto Theft Prevention Authority, 710 Kipling Street, Suite 106, Lakewood CO 80215.

Are the assessments reviewed?

Yes. On or before February 1st of each year, the CATPA Board will compare the list of insurers who paid the biannual fee with the list compiled by the Division of Insurance of all insurance companies licensed to insure motor vehicles in the state and shall notify the commissioner of the Division of Insurance of any insurer’s failure to report and/or pay the fee.

Is the insurer required to disclose the assessment to its insured?

If the insurer intends to recoup the fee from its insured, it is best practice to disclose this fee to the Colorado consumer, as 10-4-617 (4)(b), C.R.S requires the insurer shall not raise its premiums based on the fee.

Are trailers exempt from the CAPTA applicable fee?

No, trailers are not exempt from the CATPA Applicable Fee. Please see Statute 42-7-103 paragraph 8 for the definition of what the CATPA Applicable fee applies too.

Are the dealer plates issues to a dealership, for which an insurer provides automobile coverage associated to the plate under an auto dealership policy (not an automobile policy), subject to the CATPA fee assessment even though the dealer plate it not permanently affixed to any particular vehicle?

The fee is not assessed based on the dealer plates; it is assessed based on vehicles insured. Therefore, any vehicle owned by and for sale by an “automobile sales agency” would be exempted.

When does a new company need to start filing the CATPA assessment forms if it is licensed to insurance in the beginning of January?

The company would begin reporting in August of the year it was licensed to insure.

Does the fee apply only to vehicles garaged in Colorado?

No, the fee applies to the number of insured motor vehicles.

The CATPA fee is not limited to vehicles garaged in Colorado, (with the understanding that the term “garaged” is used to mean where a car is usually parked), but is based on the number of issued policies under §10-4-617 (1), C.R.S. which states “Each insurer that issues a policy pursuant to this part 6 shall biannually pay a fee to the automobile theft prevention board, created pursuant to section 42-5-112, C.R.S., for the support of the automobile theft prevention authority.” In short, if the insurance company issued a policy for a motor vehicle, then it would be subject to the CATPA fee unless other exceptions noted above apply.

Consistent with the position stated above, we believe the CATPA fee is calculated based on the number of insured motor vehicles. The state of registration is not material to the calculation of the CATPA fee. If a motor vehicle is insured by an insurer under their Colorado certificate of authority, then that motor vehicle counts towards the fee. We would agree that the number of vehicles you have rated with the Colorado Auto premium should be those identified with a fee.

With this understanding, the CATPA fee is not limited to vehicles garaged in Colorado, (with the understanding that the term “garaged” is used to mean where a car is usually parked), but is based on the number of insured motor vehicles under §10-4-617 (1), C.R.S. which states “The amount of the fee shall be equal to one dollar multiplied by the number of motor vehicles insured by the insurer as of July 1 of each year, divided by two.” In short, if the insurance company insures a motor vehicle, then it would be subject to the CATPA fee unless other exceptions apply.

Does the assessment fee apply to excess and surplus carriers in Colorado or only admitted carriers in Colorado?

C.R.S. 10-4-117 (3) indicates that the term “insurer” is defined in C.R.S. 10-1-102 (13), which is “. . . every person engaged in as principal, indemnitor, surety, or contractor in the business of making contracts of insurance.” Based on this definition, yes, excess and surplus lines insurers are subject to C.R.S. 10-4-117.

How is CATPA funded?

The CATPA Statute allows for the use of General Fund money for the CATPA program. In addition, the Department of Public Safety is authorized to accept gifts, grants and donations from private or public sources for this fund. The fund also includes moneys deposited from insurance fees pursuant to section 10-4-617, CRS. Each insurer that issues a policy pursuant part 6 or part 7 of this article shall biannually pay a fee to CATPA. The amount of the fee shall be equal to one dollar multiplied by the number of motor vehicles insured by the insurer as of July 1st of each year, divided by two.

Which motor vehicles are subject to the assessment?

All insured vehicles, both private and commercial, with a declared gross weight of 26,000 lbs. or less must be included in calculating the biannual assessment.

Does the motor vehicle have to be licensed in Colorado?

The CATPA fee is calculated based on the number of insured motor vehicles. The State of registration is not material to the calculation of the CATPA fee. If a motor vehicle is insured by an insurer under their Colorado Certificate of Authority, than that motor vehicle counts towards the fee. Generally, the number of vehicles rated with the Colorado auto premium should be those identified with the fee.

If the insurer does not write premium in the state of Colorado for commercial auto, but has subsidiaries that are licensed, does the insurer need to report?

Yes, and a separate form needs to be completed for each licensed subsidiary.

What if an insurer is not licensed in Colorado and insures no vehicles?

The insurer does not need to report.

Failure to pay the required assessments in a timely manner will result in what actions?

The Commissioner of Insurance will notify the insurer of the fee requirements. If the insurer fails to pay the fee within fifteen days after receiving the notices, the Commissioner may suspend the insurer’s certificate of authority or impose a civil penalty or not more than one hundred twenty percent of the amount due or both.

Can the assessment be paid in full rather than biannually?

The statute states the assessment shall be paid on or before January 1st and July 1st of each year. The assessment may be paid in full on or before January 1st of each year. It is the responsibility of the insurance company to submit the payment by the due dates. No invoice will be sent prior to the due dates.

How should the fee be disclosed to the consumer?

There are no statutory directives for the method of disclosure. However, the Division of Insurance would expect the insurer would list the fee on the insured’s policy declaration page, the billing notice or both.

What is the intent with regards to the language listed on the CATPA reporting for "Policies covering a garage, automobile sales agency, repair shop, service station, or a public place operation hazard"?

This exemption is addressing any vehicles that might be in the care, custody or control of the garage, repair shop or service station. This does not exempt vehicles that are owned by the business and included on a commercial automobile policy.

The assessment form may be submitted through email, but requires a signature on the form. If the form is submitted via email, can the filler use an electronic signature or type their name in as a substitute for a signature?

Yes, the filer can use an electronic signature or type in the name on the signature line and then e-mail the form to the CATPA office.

Are surplus lines exempt from the CATPA applicable fee?

If surplus lines are supplemental to the primary policy on a motor vehicle, where the primary policy has already been assessed with the CATPA Applicable Fee, then these surplus lines would be exempt from the CATPA Fee. In other words, the CATPA Applicable Fee cannot be assessed twice for the same vehicle.

Specifically does the surcharge apply to ISO public auto classes of vehicles?

The fee applies to the number of insured motor vehicles.

This exception is from the definition of a ‘policy’ as defined in §10-4-601(10), C.R.S., where a ‘policy’ would include “A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers nor rented to others pursuant to the terms of a motor vehicle rental agreement.” In short, if the insurance company issued a policy for a motor vehicle, then it would be subject to the CATPA fee unless other exceptions noted above apply.

Regarding the classification of vehicles, Colorado statutes do not specifically address the use of Verisk/ISO classifications. CATPA recognizes there are various interpretations used in the industry for vehicle classifications, mainly originating from the International Organization for Standardization (ISO) 3833:1977 “Road vehicles – Types – Terms and Definitions” (https://www.iso.org/standards.html). We are aware of the Verisk/ISO Automobile Classifications, however, it is outside our realm to interpret those classifications and adjoining automobile symbols. To assist you, here are the guidelines you should apply to the various classifications, considering all insured motor vehicles are applicable to the CATPA fee unless exempted from:

1. Vehicles or vehicle combinations with a declared gross weight of more than twenty-six thousand pounds. {§10-4-617(5), C.R.S.,

2. Toy vehicle, snowmobile, off-highway vehicle, or a vehicle designed primarily for use on rails. {§10-4-601(6), C.R.S.}

3. Policies issued under an assigned risk plan established under section §10-4-412 C.R.S. {§10-4-608(1)(a), C.R.S.}

4. Policies, except as authorized by section §10-4-624, arising out of a motor vehicle rental agreement or any self-insurance thereof; {§10-4-608(1)(c), C.R.S.}

5. Policies covering a garage, automobile sales agency, repair shop, service station, or public parking place operation hazard; {§10-4-608(1)(d), C.R.S.}

6. Policies issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance, or use of a motor vehicle on the premises of such insured, or on the ways immediately adjoining such premises. {§10-4-608(1)(e), C.R.S.}

7. Electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection 41-1-102(58)(b), C.R.S., wheelchairs, or vehicles moved solely by human power. {§41-1-102(58)(a)}

8. A motor vehicle of the private passenger or station wagon type that is used as a public or livery conveyance for passengers or rented to others pursuant to the terms of a motor vehicle rental agreement.{§10-4-601(10), C.R.S.}

9. A farm tractor or an off-highway vehicle, except for the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, when operated on streets and highways. {§41-1-102(58)(c)}