E-Bike Laws - Colorado

The following is effective July 1, 2010:

• Requires the low-power scooter owners to have insurance upon registration and pay the motorist insurance identification fee.
• Allows Motor Vehicle Dealers or Used Motor Vehicle Dealers to act as an authorized agent of the department for the purposes of registering low-power scooters.
• Requires the owner of a low-power scooter to have complying insurance to operate the low-power scooter.

Low-Power Scooter information effective October 1, 2009

The following is effective October 1, 2009:

Creates a definition for Low-power Scooter 42-1-102(48.5)

• Self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:
• A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or
• A wattage not exceeding four thousand four hundred seventy six if powered by electricity.
• Low-power scooter shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights-of-way.

Creates a definition for Electrical Assisted Bicycle 42-1-102(28.5)

• Vehicle having two tandem wheels or two parallel wheels and one forward wheel, fully operable pedals, an electric motor not exceeding 750 watts of power and a top motor powered speed of 20 mph.

Creates a definition for Electric Personal Assistive Mobility Device (Segway) 42-1-102(28.7)

• Self-balancing, nontandem two-wheeled device, designed to transport only one person, that is powered solely by an electric propulsion system producing an average power output of no more than 750 watts.

• Modifies the definition of toy vehicle to eliminate the wheel diameter and to exclude off-highway vehicles or snowmobiles 42-1-102(103.5).
• Modifies the definition of vehicle to include an electrical assisted bicycle or electric personal assistive mobility device 42-1-102(112).
• Clarifies the definition of motorcycle to specify that it does not include low-power scooter 42-1-102(55).
• Clarifies the definition of motor vehicle to specify that it does not include low-power scooter 42-1-102(58).
• Deletes the definition of motor-driven cycle 42-1-102(56).
• Deletes the definition of motorscooter and motorbicycle 42-1-102(59)(a) and motorized bicycle 42-1-102(59)(b).
• Requires the operator of a low-power scooter to possess a valid driver’s license.
• Requires a low-power scooter to be registered by the Department of Revenue. Registration will be evidenced by a decal issued by the state office that is valid for three years.
 

Source:  CO Department OF Revenue - E-BIke Law

HB 1026

First Regular Session Sixty-seventh General Assembly STATE OF COLORADO
INTRODUCED HOUSE BILL 09-1026
LLS NO. 09-0092.01 Jery Payne
HOUSE SPONSORSHIP Marostica, Fischer, McFadyen, Rice, Vaad
SENATE SPONSORSHIP
Williams, Spence
House Committees Senate Committees
Transportation & Energy
101 102 103 104
A BILL FOR AN ACT CONCERNING THE APPLICATION OF VEHICLE LAWS TO LOW-POWER
VEHICLES THAT OPERATE WITH LESS THAN FOUR WHEELS IN CONTACT WITH THE GROUND, AND, IN CONNECTION THEREWITH, DEFINING “LOW-POWER SCOOTER”.
Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)
Transportation Legislation Review Committee. Replaces the current categories of self-propelled vehicles of “motor-driven cycle”, “motorscooter”, and “motorized bicycle” with “motorcycle” and “low-power scooter”. Applies substantially similar requirements to such
Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.
Shading denotes HOUSE amendment.
vehicles. Defines “low-power scooter” as a vehicle with less than 4 wheels, no manual clutch, and a power capacity not exceeding either 50cc or 4,476 watts. Conforms the definitions of “motorcycle” and “toy vehicle” to categorize the vehicles.
Requires a powersports category of license to sell a low-power scooter. Requires the driver of a low-power scooter to carry insurance, effective July 1, 2010. Prohibits the operation of a low-power scooter at over 40 miles per hour. Imposes the following penalties for exceeding 40 miles per hour:
! 1-4 miles per hour over is $56 and 0 points; ! 5-9 miles per hour over is $85 and 2 points; ! More than 9 miles per hour over is $116 and 4 points. Clarifies that the drug and alcohol driving offenses apply to all
vehicles, including low-power scooters, farm tractors, and off-highway vehicles.
1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. 10-4-601 (6), Colorado Revised Statutes, is 3 amended to read: 4 10-4-601. Definitions. As used in this part 6, unless the context 5 otherwise requires: 6 (6) “Motor vehicle” means any vehicle of a type required to be 7 registered and licensed under the laws of this state and that is designed to 8 be propelled by an engine or motor; except that “motor vehicle” does not 9 include minibikes, snowmobiles, bicycles with motor or engine attached,
10 any vehicle designed primarily for use off the road or on rails, or 11 motorscooters A “MOTOR VEHICLE” AND A “LOW-POWER SCOOTER”, as 12 BOTH TERMS ARE defined in section 42-1-102, C.R.S.; EXCEPT THAT 13 “MOTOR VEHICLE” DOES NOT INCLUDE A TOY VEHICLE, SNOWMOBILE, 14 OFF-HIGHWAY VEHICLE, OR VEHICLE DESIGNED PRIMARILY FOR USE ON 15 RAILS.
16 SECTION 2. 10-4-635 (4) (a), Colorado Revised Statutes, is 17 amended to read:
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1 10-4-635. Medical payments coverage - disclosure - definitions. 2 (4) This section shall not apply to: 3 (a) A person obtaining an automobile liability or motor vehicle 4 policy insuring against loss resulting from the ownership, maintenance, 5 or use of a motorcycle, motorscooter, motorbicycle, motorized bicycle 6 LOW-POWER SCOOTER, or toy vehicle, as defined in section 42-1-102, 7 C.R.S., a snowmobile, as defined in section 33-14-101, C.R.S., or any 8 vehicle designed primarily for use off the road or on rails;
9 SECTION 3. 12-6-502 (10), Colorado Revised Statutes, is 10 amended to read: 11 12-6-502. Definitions. As used in this part 5, unless the context 12 otherwise requires:
13 (10) “Powersports vehicle” means any of the following: 14 (a) An off-highway vehicle; 15 (b) A personal watercraft; or 16 (c) A snowmobile; OR
17 (d) A LOW-POWER SCOOTER, AS DEFINED IN SECTION 42-1-102, 18 C.R.S. 19 SECTION 4. 14-10-122 (1.5) (d) (II), Colorado Revised Statues, 20 is amended to read:
21 14-10-122. Modification and termination of provisions for 22 maintenance, support, and property disposition - automatic lien - 23 repeal. (1.5) (d) Lien on motor vehicles. (II) For purposes of this 24 subsection (1.5), “motor vehicle” means any self-propelled vehicle that 25 is designed primarily for travel on the public highways and that is 26 generally and commonly used to transport persons and property over the 27 public highways, trailers, semitrailers, and trailer coaches, without motive
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1 power; that has a net equity value based upon the loan value identified for 2 such vehicle in the national automobile dealers’ association car guide of 3 not less than five thousand dollars at the time of the filing of the notice of 4 lien and that meets such additional conditions as the state board of human 5 services may establish by rule; and on which vehicle a lien already exists 6 that is filed for public record and noted accordingly on the owner’s 7 certificate of title. “Motor vehicle” does not include motorized bicycles, 8 as defined in section 42-1-102 (59) (b), C.R.S. LOW-POWER SCOOTERS, AS 9 DEFINED IN SECTION 42-1-102, C.R.S.; vehicles that operate only upon
10 rails or tracks laid in place on the ground or that travel through the air or 11 that derive their motive power from overhead electric lines; farm tractors, 12 farm trailers, and other machines and tools used in the production, 13 harvesting, and care of farm products; and mobile machinery, 14 self-propelled construction equipment, or industrial machinery not 15 designed primarily for highway transportation. “Motor vehicle” does not 16 include a vehicle that has a net equity value based upon the loan value 17 identified for such vehicle in the national automobile dealers’ association 18 car guide of less than five thousand dollars at the time of the filing of the 19 notice of lien and does not include a vehicle that is not otherwise 20 encumbered by a lien or mortgage that is filed for public record and noted 21 accordingly on the owner’s certificate of title.
22 SECTION 5. 25-12-106 (1) (a) and (1) (b), Colorado Revised 23 Statutes, are amended to read: 24 25-12-106. Noise restrictions - sale of new vehicles. (1) Except 25 for such vehicles as are designed exclusively for racing purposes, no 26 person shall sell or offer for sale a new motor vehicle or any 27 self-propelled vehicle designed for off-highway use and for which
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1 registration as a motor vehicle is not required which produces a maximum 2 noise exceeding the following noise limit, at a distance of fifty feet from 3 the center of the lane of travel or fifty feet or more from a vehicle 4 designed for off-highway use, under test procedures established by the 5 department of revenue:
6 (a) Any motorcycle including a motor-driven cycle, manufactured 7 onorafterJuly1,1971,andbeforeJanuary1,1973 ....... 88db(A); 8 (b) Any motorcycle including a motor-driven cycle, manufactured 9 onorafterJanuary1,1973 .......................... 86db(A);
10 SECTION 6. The introductory portion to 25-12-107 (1) (a), 11 Colorado Revised Statutes, is amended to read: 12 25-12-107. Powers of local authorities. (1) Counties or 13 municipalities may adopt resolutions or ordinances prohibiting the 14 operation of motor vehicles within their respective jurisdictions which 15 produce noise in excess of the sound levels in decibels, measured on the 16 “A” scale on a standard sound level meter having characteristics 17 established by the American National Standards Institute, Publication 18 S1.4 - 1971, and measured at a distance of fifty feet from the center of the 19 lane of travel, or fifty feet or more from a vehicle designed for 20 off-highway use and within the speed limits specified in this section: 21 (a) Any motor vehicle with a manufacturer’s gross vehicle weight 22 rating of six thousand pounds or more, any combination of vehicles towed 23 by such motor vehicle, and any motorcycle other than a motor-driven 24 cycle LOW-POWER SCOOTER:
25 SECTION 7. 42-1-102 (55), (56), (58), (59), (103.5), and (112), 26 Colorado Revised Statutes, are amended, and the said 42-1-102 is further 27 amended BY THE ADDITION OF A NEW SUBSECTION, to read:
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42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires:
(48.5) (a) “LOW-POWER SCOOTER” MEANS A SELF-PROPELLED VEHICLE WITH NOT MORE THAN THREE WHEELS IN CONTACT WITH THE GROUND, NO MANUAL CLUTCH, AND EITHER OF THE FOLLOWING:
(I) A CYLINDER CAPACITY NOT EXCEEDING FIFTY CUBIC CENTIMETERS IF POWERED BY INTERNAL COMBUSTION; OR
(II) AWATTAGENOTEXCEEDINGFOURTHOUSANDFOURHUNDRED SEVENTY-SIX IF POWERED BY ELECTRICITY.
(b) “LOW-POWER SCOOTER” SHALL NOT INCLUDE A TOY VEHICLE, WHEELCHAIR, OR PERSONAL MOBILITY DEVICE.
(55) “Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground; except any such vehicle as may be included within the term THAT THE TERM DOES NOT INCLUDE A farm tractor and except a motorized bicycle as defined in paragraph (b) of subsection (59) of this section OR LOW-POWER SCOOTER.
(56) “Motor-driven cycle” means every motorcycle, including every motorscooter, with a motor which produces not to exceed six brake-horsepower and every bicycle with motor attached, but not trail bikes, minibikes, go-carts, golf carts, and similar vehicles which are not designed for or approved by the department for use on the public roads or highways and not motorized bicycles as defined in paragraph (b) of subsection (59) of this section.
(58) “Motor vehicle” means any self-propelled vehicle which THAT is designed primarily for travel on the public highways and which THAT is generally and commonly used to transport persons and property over the public highways; but EXCEPT THAT the term does not include
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1 motorized bicycles as defined in paragraph (b) of subsection (59) of this 2 section LOW-POWER SCOOTERS, wheelchairs, as defined by subsection 3 (113) of this section, or vehicles moved solely by human power. “Motor 4 vehicle” includes a neighborhood electric vehicle operated pursuant to 5 section 42-4-111 (1) (aa). For the purposes of the offenses described in 6 sections 42-2-128, 42-4-1301, and 42-4-1401 for farm tractors and 7 off-highway vehicles, as defined in section 33-14.5-101 (3), C.R.S., 8 operated on streets and highways, “motor vehicle” includes a farm tractor 9 or an off-highway vehicle which THAT is not otherwise classified as a
10 motor vehicle. 11 (59) (a) “Motorscooter” and “motorbicycle” mean every motor 12 vehicle designed to travel on not more than three wheels in contact with 13 the ground, except any such vehicle as may be included within the term 14 “farm tractor” as defined in this section and any motorized bicycle as 15 defined in paragraph (b) of this subsection (59), which motor vehicle is 16 powered by an engine of not to exceed six brake-horsepower. 17 (b) “Motorized bicycle” means a vehicle having two or three 18 wheels, a cylinder capacity not exceeding 50 cc, and an automatic 19 transmission which produces a maximum design speed of not more than 20 thirty miles per hour on a flat surface. 21 (103.5) (a) “Toy vehicle” means any vehicle whether or not 22 home-built by the user, that has wheels with an outside diameter of not 23 more than fourteen inches and is not designed approved, or intended for 24 use on public roadways or highways OR FOR OFF-ROAD USE. 25 (b) “Toy vehicle” includes, but is not limited to, gas-powered or 26 electric-powered vehicles commonly known as mini bikes, “pocket” 27 bikes, kamikaze boards, go-peds, and stand-up scooters.
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(c) “TOYVEHICLE"DOESNOTINCLUDEOFF-HIGHWAYVEHICLESOR SNOWMOBILES.
(112) “Vehicle” means any device which THAT is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes any bicycle, but such term does not include any wheelchair as defined by subsection (113) of this section, or any off-highway vehicle, snowmobile, any farm tractor, or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved by muscular power or moved exclusively over stationary rails or tracks or designed to move primarily through the air.
SECTION 8. 42-2-103 (2), Colorado Revised Statutes, is amended to read:
42-2-103. Motorcycles - low-power scooters - driver’s license required. (2) (a) An operator of a motorized bicycle LOW-POWER SCOOTER shall possess a valid driver’s license or minor driver’s license.
(b) No motorized bicycle LOW-POWER SCOOTER shall be operated on any interstate system as described in section 43-2-101 (2), C.R.S., except where a bicycle may be operated on such interstate system, on any limited-access road of the state highway system as described in section 43-2-101 (1), C.R.S., or on any sidewalk, unless such operation is specifically designated. Motorized bicycles LOW-POWER SCOOTERS may be operated upon roadways, except as provided in this section, and in bicycle lanes included within such roadways.
SECTION 9. 42-2-106 (1), Colorado Revised Statutes, is amended to read:
42-2-106. Instruction permits and temporary licenses.
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1 (1) (a) (I) A person who is sixteen years of age or older and who, except 2 for the person’s lack of instruction in operating a motor vehicle OR 3 motorcycle, or motor-driven cycle, would otherwise be qualified to obtain 4 a license under this article may apply for a temporary instruction permit 5 in accordance with sections 42-2-107 and 42-2-108. The department 6 shall issue a permit entitling an applicant, who is sixteen years of age or 7 older but under eighteen years of age, while having the permit in the 8 applicant’s immediate possession, to drive a motor vehicle OR motorcycle 9 or motor-driven cycle upon the highways when accompanied by the
10 parent, stepparent, grandparent with power of attorney, or guardian or 11 foster parent, who signed the affidavit of liability pursuant to section 12 42-2-108 (1) (a), who holds a valid Colorado driver’s license, and who 13 occupies the front seat in close proximity to the driver or, in the case of 14 a motorcycle, or motor-driven cycle, under the immediate proximate 15 supervision of a licensed driver, who holds a valid Colorado driver’s 16 license and is twenty-one years of age or older, authorized under this 17 article to drive a motorcycle. or motor-driven cycle. In addition, the 18 parent, stepparent, grandparent with power of attorney, or guardian or 19 foster parent, who is authorized pursuant to this section to supervise the 20 minor driver while the minor is driving, may allow the minor, while 21 having the permit in the applicant’s immediate possession, to drive with 22 an individual who holds a valid driver’s license and is twenty-one years 23 of age or older for additional driving experience, but such additional 24 driving experience shall not count toward the requirement established in 25 section 42-2-104. The permit shall expire three years after issuance. The 26 department shall issue a permit entitling the applicant, who is eighteen 27 years of age or older, while having the permit in the applicant’s immediate
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1 possession, to drive a motor vehicle OR motorcycle or motor-driven cycle 2 upon the highways when accompanied by a driver, who holds a valid 3 Colorado driver’s license and is twenty-one years of age or older, who 4 occupies the front seat of the motor vehicle, or if the vehicle is a 5 motorcycle or motor-driven cycle, under the immediate proximate 6 supervision of a driver, who is authorized under this article to drive a 7 motorcycle. or motor-driven cycle. The permit shall expire three years 8 after issuance.
9 (II) If the parent, stepparent, grandparent with power of attorney, 10 or guardian or foster parent, who signed the affidavit of liability pursuant 11 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s 12 license, the parent, stepparent, grandparent with power of attorney, or 13 guardian or foster parent may appoint an alternate permit supervisor. An 14 alternate permit supervisor shall hold a valid Colorado driver’s license and 15 be twenty-one years of age or older or, if the vehicle is a motorcycle, or 16 motor-driven cycle, is authorized under this article to drive a motorcycle. 17 or motor-driven cycle. A minor who is issued a permit under this 18 paragraph (a) may drive a motor vehicle, including a motorcycle, or 19 motor-driven cycle, under the supervision of the alternate permit 20 supervisor if the minor has the permit in the minor’s immediate possession 21 and the alternate permit supervisor occupies the front seat of the motor 22 vehicle or, if the vehicle is a motorcycle, or motor-driven cycle, is in close 23 proximity to the driver.
24 (III) If the parent, stepparent, grandparent with power of attorney, 25 or guardian or foster parent, who signed the affidavit of liability pursuant 26 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s license 27 but holds a valid driver’s license from another state and is authorized to
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1 drive a motor vehicle OR motorcycle or motor-driven cycle and has proper 2 military identification, then the applicant, while having the permit in the 3 applicant’s immediate possession, shall be authorized to drive a motor 4 vehicle, including a motorcycle, or motor-driven cycle, under the 5 supervision of the parent, stepparent, grandparent with power of attorney, 6 or guardian or foster parent, who cosigned the application for the minor’s 7 instruction permit, if the parent, stepparent, grandparent with power of 8 attorney, or guardian or foster parent occupies the front seat of the motor 9 vehicle or, if the vehicle is a motorcycle, or motor-driven cycle, is in close
10 proximity to the driver while the minor is driving. 11 (b) (I) A minor who is fifteen years of age or older and has 12 completed a department-approved driver education course within the last 13 six months may apply for a minor’s instruction permit, pursuant to 14 sections 42-2-107 and 42-2-108. Upon presentation of a written or 15 printed statement signed by the parent, stepparent, grandparent with 16 power of attorney, or guardian or foster parent and the instructor of the 17 driver education course that the minor has passed an approved driver 18 education course, the department shall issue the permit entitling the 19 applicant, while having the permit in the applicant’s immediate 20 possession, to drive a motor vehicle, including a motorcycle, or 21 motor-driven cycle, under the supervision of the parent, stepparent, 22 grandparent with power of attorney, or guardian or foster parent, who 23 cosigned the application for the minor’s instruction permit, if the parent, 24 stepparent, grandparent with power of attorney, or guardian or foster 25 parent holds a valid Colorado driver’s license and occupies the front seat 26 of the motor vehicle or, if the vehicle is a motorcycle, or motor-driven 27 cycle, is authorized under this article to drive a motorcycle or
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1 motor-driven cycle and is in close proximity to the driver while the minor 2 is driving. In addition, the parent, stepparent, grandparent with power of 3 attorney, or guardian or foster parent, who is authorized pursuant to this 4 section to supervise the minor driver while the minor is driving, may 5 allow the minor, while having the permit in the applicant’s immediate 6 possession, to drive with an individual who holds a valid driver’s license 7 and is twenty-one years of age or older for additional driving experience, 8 but such additional driving experience shall not count toward the 9 requirement established in section 42-2-104. The permit shall also entitle
10 the applicant to drive a motor vehicle, including a motorcycle, or 11 motor-driven cycle that is marked to indicate that it is a motor vehicle 12 used for instruction and that is properly equipped for instruction, upon the 13 highways when accompanied by or under the supervision of an approved 14 driver education instructor who holds a valid Colorado driver’s license. 15 Driver education instructors giving instruction in motorcycle safety shall 16 have a valid motorcycle driver’s license from Colorado and shall have 17 successfully completed an instruction program in motorcycle safety 18 approved by the department. The permit shall expire three years after 19 issuance.
20 (II) If the parent, stepparent, grandparent with power of attorney, 21 or guardian or foster parent, who signed the affidavit of liability pursuant 22 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s 23 license, the parent, stepparent, grandparent with power of attorney, or 24 guardian or foster parent may appoint an alternate permit supervisor. An 25 alternate permit supervisor shall hold a valid Colorado driver’s license and 26 be twenty-one years of age or older or, if the vehicle is a motorcycle, or 27 motor-driven cycle, is authorized under this article to drive a motorcycle.
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1 or motor-driven cycle. A minor who is issued a permit under this 2 paragraph (b) may drive a motor vehicle, including a motorcycle, or 3 motor-driven cycle, under the supervision of the alternate permit 4 supervisor if the minor has the permit in the minor’s immediate possession 5 and the alternate permit supervisor occupies the front seat of the motor 6 vehicle or, if the vehicle is a motorcycle, or motor-driven cycle, is in close 7 proximity to the driver.
8 (III) If the parent, stepparent, grandparent with power of attorney,
9 or guardian or foster parent, who signed the affidavit of liability pursuant 10 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s license 11 but holds a valid driver’s license from another state and is authorized to 12 drive a motor vehicle OR motorcycle or motor-driven cycle and has proper 13 military identification, then the applicant, while having the permit in the 14 applicant’s immediate possession, shall be authorized to drive a motor 15 vehicle, including a motorcycle, or motor-driven cycle, under the 16 supervision of the parent, stepparent, grandparent with power of attorney, 17 or guardian or foster parent, who cosigned the application for the minor’s 18 instruction permit, if the parent, stepparent, grandparent with power of 19 attorney, or guardian or foster parent occupies the front seat of the motor 20 vehicle or, if the vehicle is a motorcycle, or motor-driven cycle, is in close 21 proximity to the driver while the minor is driving.
22 (c) A person sixteen years of age or older who, except for his or 23 her lack of instruction in operating a motorcycle or motor-driven cycle, 24 would otherwise be qualified to obtain a driver’s license under this article 25 to drive a motorcycle or motor-driven cycle may apply for a temporary 26 instruction permit, pursuant to sections 42-2-107 and 42-2-108. The 27 department shall issue the permit entitling the applicant, while having the
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1 permit in the applicant’s immediate possession, to drive a motorcycle or 2 motor-driven cycle upon the highways while under the immediate 3 supervision of a licensed driver, who holds a valid Colorado driver’s 4 license and is twenty-one years of age or older, authorized under this 5 article to drive a motorcycle. or motor-driven cycle. The permit shall 6 expire three years after issuance.
7 (d) (I) A minor fifteen and one-half years of age but less than 8 sixteen years of age who has completed a four-hour prequalification 9 driver awareness program approved by the department may apply for a
10 minor’s instruction permit pursuant to sections 42-2-107 and 42-2-108. 11 Upon presenting a written or printed statement signed by the parent, 12 stepparent, grandparent with power of attorney, or guardian or foster 13 parent of the applicant and documentation that the minor completed the 14 driver awareness program, the department shall issue a permit entitling 15 the applicant, while having the permit in the applicant’s immediate 16 possession, to drive a motor vehicle, including a motorcycle, or 17 motor-driven cycle, under the supervision of the parent, stepparent, 18 grandparent with power of attorney, or guardian or foster parent, who 19 cosigned the application for the minor’s instruction permit, if the parent, 20 stepparent, grandparent with power of attorney, or guardian or foster 21 parent holds a valid Colorado driver’s license and occupies the front seat 22 of the motor vehicle or, if the vehicle is a motorcycle, or motor-driven 23 cycle, is authorized under this article to drive a motorcycle or 24 motor-driven cycle and is in close proximity to the driver while he or she 25 is driving. In addition, the parent, stepparent, grandparent with power of 26 attorney, or guardian or foster parent, who is authorized pursuant to this 27 section to supervise the minor driver while the minor is driving, may
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1 allow the minor, while having the permit in the applicant’s immediate 2 possession, to drive with an individual who holds a valid driver’s license 3 and is twenty-one years of age or older for additional driving experience, 4 but such additional driving experience shall not count toward the 5 requirement established in section 42-2-104. The permit shall expire 6 three years after issuance.
7 (II) If the parent, stepparent, grandparent with power of attorney, 8 or guardian or foster parent, who signed the affidavit of liability pursuant 9 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s
10 license, the parent, stepparent, grandparent with power of attorney, or 11 guardian or foster parent may appoint an alternate permit supervisor. An 12 alternate permit supervisor shall hold a valid Colorado driver’s license and 13 be twenty-one years of age or older or, if the vehicle is a motorcycle, or 14 motor-driven cycle, is authorized under this article to drive a motorcycle. 15 or motor-driven cycle. A minor who is issued a permit under this 16 paragraph (d) may drive a motor vehicle, including a motorcycle, or 17 motor-driven cycle, under the supervision of the alternate permit 18 supervisor if the minor has the permit in the minor’s immediate possession 19 and the alternate permit supervisor occupies the front seat of the motor 20 vehicle or, if the vehicle is a motorcycle, or motor-driven cycle is in close 21 proximity to the driver.
22 (III) If the parent, stepparent, grandparent with power of attorney, 23 or guardian or foster parent, who signed the affidavit of liability pursuant 24 to section 42-2-108 (1) (a), does not hold a valid Colorado driver’s license 25 but holds a valid driver’s license from another state and is authorized to 26 drive a motor vehicle OR motorcycle or motor-driven cycle and has proper 27 military identification, then the applicant, while having the permit in the
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applicant’s immediate possession, shall be authorized to drive a motor vehicle, including a motorcycle, or motor-driven cycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor’s instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, or motor-driven cycle, is in close proximity to the driver while the minor is driving.
(e) Repealed.
(f) Notwithstanding paragraphs (a) to (d) of this subsection (1), a temporary instruction permit to operate a commercial motor vehicle as defined in section 42-2-402 shall expire one year after issuance.
SECTION 10. 42-2-127 (5) (f), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS to read:
42-2-127. Authority to suspend license - to deny license - type of conviction - points. (5) Point system schedule: Type of conviction Points
(f) Speeding:
(VI) ONE TO FOUR MILES PER HOUR OVER THE MAXIMUM LAWFUL SPEED LIMIT OF FORTY MILES PER HOUR DRIVING A LOW-POWER SCOOTER ........................................................0
(VII) FIVE TO NINE MILES PER HOUR OVER THE MAXIMUM LAWFUL SPEED LIMIT OF FORTY MILES PER HOUR DRIVING A LOW-POWER SCOOTER ........................................................2
(VIII) GREATER THAN NINE MILES PER HOUR OVER THE MAXIMUM LAWFUL SPEED LIMIT OF FORTY MILES PER HOUR DRIVING A LOW-POWER
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SCOOTER ...............................................4 SECTION 11. 42-3-301 (2) (a) (VIII), Colorado Revised Statutes,
is amended to read:
42-3-301. License plate cash fund - license plate fees.
(2) (a) The fees imposed pursuant to subsection (1) of this section shall be set in an amount necessary to recover only the costs of the production and distribution of any license plates, decals, or validating tabs issued pursuant to this article and shall be:
(VIII) Twenty-five cents per motorized bicycle LOW-POWER SCOOTER decal issued pursuant to this section;
SECTION 12. 42-3-304 (4), (5), and (6) (a), Colorado Revised Statutes, are amended to read:
42-3-304. Registration fees - passenger and passenger-mile taxes - clean screen fund. (4) Upon registration, the owner of each motorcycle or motorscooter shall pay a surcharge of four dollars, which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.
(5) In lieu of registering each vehicle separately, a dealer in motorcycles motorscooters, or motorbicycles shall pay to the department an annual registration fee of twenty-five dollars for the first license plate issued pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each additional license plate so issued up to and including five such plates, and a fee of ten dollars for each license plate so issued in excess of five.
(6) In lieu of registering each vehicle separately:
(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in motorcycles, motorscooters, and motorbicycles, shall pay to the
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department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate so issued up to and including five, and a fee of ten dollars for each license plate so issued in excess of five; and
SECTION 13. 42-3-305 (2) (a), Colorado Revised Statutes, is amended to read:
42-3-305. Registration fees - passenger and passenger-mile taxes - fee schedule for years of TABOR surplus revenue - applicability. (2) Fees for the annual registration of passenger-carrying motor vehicles shall be as follows:
(a) Motorcycles, motorscooters, and motorbicycles, two dollars and twenty-five cents;
SECTION 14. 42-3-306 (2) (a), Colorado Revised Statutes, is amended to read:
42-3-306. Registration fees - passenger and passenger-mile taxes - fee schedule for years in which TABOR surplus revenue is insufficient. (2) Fees for the annual registration of passenger-carrying motor vehicles shall be as follows:
(a) Motorcycles, motorscooters, and motorbicycles, three dollars;
SECTION 15. 42-3-310 (4), Colorado Revised Statutes, is amended to read:
42-3-310. Additional registration fees - apportionment of fees.
(4) Two dollars and fifty cents of each annual vehicle registration fee imposed by sections 42-3-304 to 42-3-306, exclusive of the annual registration fees prescribed for motorcycles, motorscooters, motorbicycles, trailer coaches, mobile machinery and self-propelled construction equipment, and trailers having an empty weight of two
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1 thousand pounds or less and exclusive of a registration fee paid for a 2 fractional part of a year, shall not be transmitted to the department but 3 shall be paid over by the authorized agent, as collected, to the county 4 treasurer, who shall credit the same to an account entitled “apportioned 5 vehicle registration fees”. On the tenth day of each month, the county 6 treasurer shall apportion the balance in such account existing on the last 7 day of the immediately preceding month between the county and the cities 8 and incorporated towns located within the boundaries of the county on the 9 basis of the record of rural and urban registrations that indicates the place
10 of residence of each vehicle owner. 11 SECTION 16. 42-3-311, Colorado Revised Statutes, is amended 12 to read: 13 42-3-311. Low-power scooter registration - fee. (1) Every 14 motorized bicycle LOW-POWER SCOOTER sold in this state shall have an 15 identification number stamped on its frame, which number shall be 16 recorded upon registration. Motorized bicycles A LOW-POWER SCOOTER 17 shall be registered with the department, and such registration WHICH 18 REGISTRATION shall be evidenced by a number decal that is securely 19 affixed to the motorized bicycle LOW-POWER SCOOTER frame in a 20 conspicuous place. Registration shall be valid for a period of three years, 21 and the fee for such registration shall be five dollars. Retail sellers of 22 motorized bicycles LOW-POWER SCOOTERS shall retain one dollar from 23 each such fee, and four dollars of each such fee shall be forwarded 24 monthly to the department for deposit in the state treasury to the credit of 25 the highway users tax fund. 26 (2) The general assembly shall make appropriations from the fund 27 for the expenses of the administration of this section, and any fees
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1 credited to the fund pursuant to this subsection (1) OF THIS SECTION in 2 excess of the amount of the appropriations shall be allocated and 3 expended as specified in section 43-4-205 (5.5) (f), C.R.S. The 4 department shall promulgate rules authorizing retail sellers of motorized 5 bicycles LOW-POWER SCOOTERS to be agents of the department for such 6 registration.
7 SECTION 17. 42-4-109 (1), (2), (3), (4), (5), (6), (6.5), and (7), 8 Colorado Revised Statutes, are amended to read: 9 42-4-109. Low-power scooters, animals, skis, skates, and toy
10 vehicles on highways. (1) Every A person riding a motorized bicycle 11 LOW-POWER SCOOTER upon a roadway where motorized bicycle 12 LOW-POWER SCOOTER travel is permitted shall be granted all of the rights 13 and shall be subject to all of the duties and penalties applicable to the 14 driver of a vehicle as set forth in this article except those provisions of 15 this article which THAT, by their very nature, can have no application. 16 Said riders shall also comply with special rules set forth in this section 17 and in section 42-4-220 (1) (b) and (1) (c) and, when using streets and 18 highways within incorporated cities and towns, shall be subject to local 19 ordinances regulating the operation of motorized bicycles as provided in 20 section 42-4-111. Whenever the word “vehicle” is used in any of the 21 driving rules set forth in this article that are applicable to motorized 22 bicycle riders, such term shall include motorized bicycles.
23 (2) A person riding a motorized bicycle LOW-POWER SCOOTER 24 shall not ride other than upon or astride a permanent and regular seat 25 attached thereto. 26 (3) No motorized bicycle LOW-POWER SCOOTER shall be used to 27 carry more persons at one time than the number for which it is designed
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1 and equipped. 2 (4) No person riding upon any motorized bicycle LOW-POWER 3 SCOOTER, coaster, roller skates, sled, or toy vehicle shall attach the same 4 or himself or herself to any vehicle upon a roadway. 5 (5) Every A person operating a motorized bicycle LOW-POWER 6 SCOOTER upon a roadway shall ride as close to the right side of the 7 roadway as practicable, exercising due care when passing a standing 8 vehicle or one proceeding in the same direction. 9 (6) Persons riding motorized bicycles LOW-POWER SCOOTERS upon
10 a roadway shall not ride more than two abreast except on lanes or parts 11 of roadways set aside for the exclusive use of bicycles. 12 (6.5) A person under the age of eighteen years may not operate or 13 carry a passenger who is under eighteen years of age on a motorized 14 bicycle on a highway in this state LOW-POWER SCOOTER unless the person 15 and the passenger are wearing protective helmets in accordance with the 16 provisions of section 42-4-1502 (4.5).
17 (7) For the sake of uniformity and bicycle and motorized bicycle 18 LOW-POWER SCOOTER safety throughout the state, the department in 19 cooperation with the department of transportation shall prepare and make 20 available to all local jurisdictions for distribution to bicycle and motorized 21 bicycle LOW-POWER SCOOTER riders therein a digest of state regulations 22 explaining and illustrating the rules of the road, equipment requirements, 23 and traffic control devices that are applicable to such riders and their 24 bicycles or motorized bicycles LOW-POWER SCOOTERS. Local authorities 25 may supplement this digest with a leaflet describing any additional 26 regulations of a local nature that are applicable APPLY within their 27 respective jurisdictions.
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SECTION 18. 42-4-111 (1) (z), Colorado Revised Statutes, is amended to read:
42-4-111. Powers of local authorities. (1) The provisions of this article shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, except those streets and highways which are parts of the state highway system which are subject to the provisions of section 43-2-135, C.R.S., from:
(z) Regulating the operation of motorized bicycles LOW-POWER SCOOTERS, consistent with the provisions of this article; except that local authorities shall be prohibited from establishing any requirements for the registration and licensing of motorized bicycles LOW-POWER SCOOTERS;
SECTION 19. 42-4-205 (1), (2), and (3), Colorado Revised Statutes, are amended to read:
42-4-205. Head lamps on motor vehicles. (1) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in sections 42-4-202 and 42-4-204 to 42-4-231 and part 3 of this article where applicable. thereto.
(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which THAT shall comply with the requirements and limitations of sections 42-4-202 and 42-4-204 to 42-4-231 and part 3 of this article where applicable. thereto.
(3) Every head lamp upon every motor vehicle, including every motorcycle, and motor-driven cycle shall be located at a height measured
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1 from the center of the head lamp of not more than fifty-four inches nor 2 less than twenty-four inches, to be measured as set forth in section 3 42-4-204 (3). 4 SECTION 20. 42-4-206 (5), Colorado Revised Statutes, is 5 amended to read:
6 42-4-206. Tail lamps and reflectors. (5) Every new motor 7 vehicle sold and operated on and after January 1, 1958, upon a highway 8 shall carry on the rear, whether as a part of the tail lamps or separately, 9 two red reflectors; except that every motorcycle and every motor-driven
10 cycle shall carry at least one reflector meeting the requirements of this 11 section, and vehicles of the type mentioned in section 42-4-207 shall be 12 equipped with reflectors as required in those sections applicable thereto. 13 SECTION 21. 42-4-208 (2) and (3), Colorado Revised Statutes, 14 are amended to read:
15 42-4-208. Stop lamps and turn signals. (2) No person shall sell 16 or offer for sale or operate on the highways any motor vehicle registered 17 in this state and manufactured or assembled after January 1, 1958, unless 18 it is equipped with at least two stop lamps meeting the requirements of 19 section 42-4-215 (1); except that a motorcycle or motor-driven cycle 20 manufactured or assembled after said date shall be equipped with at least 21 one stop lamp meeting the requirements of section 42-4-215 (1).
22 (3) No person shall sell or offer for sale or operate on the 23 highways any motor vehicle, trailer, or semitrailer registered in this state 24 and manufactured or assembled after January 1, 1958, and no person shall 25 operate any motor vehicle, trailer, or semitrailer on the highways when 26 the distance from the center of the top of the steering post to the left 27 outside limit of the body, cab, or load of such motor vehicle exceeds
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1 twenty-four inches, unless it is equipped with electrical turn signals 2 meeting the requirements of section 42-4-215 (2). This subsection (3) 3 shall not apply to any motorcycle or motor-driven cycle LOW-POWER 4 SCOOTER.
5 SECTION 22. 42-4-210 (2), Colorado Revised Statutes, is 6 amended to read: 7 42-4-210. Lamps on parked vehicles. (2) Whenever a vehicle 8 is parked or stopped upon a roadway or shoulder adjacent thereto, 9 whether attended or unattended, during the hours between sunset and
10 sunrise and there is not sufficient light to reveal any person or object 11 within a distance of one thousand feet upon such highway, such vehicle 12 so parked or stopped shall be equipped with one or more operating lamps 13 meeting the following requirements: At least one lamp shall display a 14 white or amber light visible from a distance of five hundred feet to the 15 front of the vehicle, and the same lamp or at least one other lamp shall 16 display a red light visible from a distance of five hundred feet to the rear 17 of the vehicle, and the location of said lamp or lamps shall always be such 18 that at least one lamp or combination of lamps meeting the requirements 19 of this section is installed as near as practicable to the side of the vehicle 20 which THAT is closer to passing traffic. This subsection (2) shall not 21 apply to a motor-driven cycle LOW-POWER SCOOTER.
22 SECTION 23. 42-4-211 (4), Colorado Revised Statutes, is 23 amended to read: 24 42-4-211. Lamps on farm equipment and other vehicles and 25 equipment. (4) Every farm tractor and every self-propelled unit of farm 26 equipment or implement of husbandry equipped with an electric lighting 27 system shall, at all times mentioned in section 42-4-204, be equipped with
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1 two single-beam head lamps meeting the requirements of section 2 42-4-216 or 42-4-218, respectively, or, as an alternative, section 42-4-220 3 (2) and at least one red lamp visible from a distance of not less than five 4 hundred feet to the rear; but every such self-propelled unit of farm 5 equipment other than a farm tractor shall have two such red lamps or, as 6 an alternative, one such red lamp and two red reflectors visible from all 7 distances within six hundred feet to one hundred feet when directly in 8 front of lawful upper beams of head lamps.
9 SECTION 24. The introductory portion to 42-4-216 (1) and 10 42-4-216 (2), Colorado Revised Statutes, are amended to read: 11 42-4-216. Multiple-beam road lights. (1) Except as provided 12 in this article, the head lamps or the auxiliary driving lamp or the 13 auxiliary passing lamp or combination thereof on motor vehicles, other 14 than motorcycles or motor-driven cycles LOW-POWER SCOOTERS, shall be 15 so arranged that the driver may select at will between distributions of 16 light projected to different elevations, and such lamps may, in addition, 17 be so arranged that such selection can be made automatically, subject to 18 the following limitations:
19 (2) Every A new motor vehicle, other than a motorcycle or 20 motor-driven cycle, registered in this state after July 1, 1955, which 21 LOW-POWER SCOOTER, THAT has multiple-beam road-lighting equipment, 22 shall be equipped with a beam indicator, which shall be lighted whenever 23 the uppermost distribution of light from the head lamps is in use and shall 24 not otherwise be lighted. Said indicator shall be so designed and located 25 that when lighted it will be readily visible without glare to the driver of 26 the vehicle so equipped.
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1 are amended to read: 2 42-4-220. Low-power scooters - lighting equipment - 3 department control - use and operation. (1) (a) Every motorized 4 bicycle A LOW-POWER SCOOTER when in use at the times specified in 5 section 42-4-204 shall be equipped with a lamp on the front which THAT 6 shall emit a white light visible from a distance of at least five hundred 7 feet to the front and with a red reflector on the rear, of a type approved by 8 the department, which THAT shall be visible from all distances from fifty 9 feet to three hundred feet to the rear when directly in front of lawful
10 upper beams of head lamps on a motor vehicle. A lamp emitting a red 11 light visible from a distance of five hundred feet to the rear may be used 12 in addition to the red reflector. 13 (b) No person shall operate a motorized bicycle LOW-POWER 14 SCOOTER unless it is equipped with a bell or other device capable of 15 giving a signal audible for a distance of at least one hundred feet; except 16 that a motorized bicycle LOW-POWER SCOOTER shall not be equipped with 17 nor shall any person use upon a motorized bicycle LOW-POWER SCOOTER 18 a siren or whistle.
19 (c) Every motorized bicycle A LOW-POWER SCOOTER shall be 20 equipped with a brake which THAT will enable the operator to make the 21 braked wheels skid on dry, level, clean pavement. 22 (2) The head lamp or head lamps upon every motor-driven cycle 23 may be of the single-beam or multiple-beam type but in either event shall 24 comply with the requirements and limitations as follows:
25 (a) Every said head lamp or head lamps on a motor-driven cycle 26 shall be of sufficient intensity to reveal a person or a vehicle at a distance 27 of not less than one hundred feet when the motor-driven cycle is operated
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at any speed less than twenty-five miles per hour, and at a distance of not less than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five miles or more per hour, and at a distance of not less than three hundred feet when the motor-driven cycle is operated at a speed of thirty-five or more miles per hour.
(b) In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps, the upper beam shall meet the minimum requirements set forth in paragraph (a) of this subsection (2) and shall not exceed the limitations set forth in section 42-4-216 (1) (a), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section 42-4-216 (1) (b).
(c) In the event the motor-driven cycle is equipped with a single-beam lamp, said lamp shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.
SECTION 26. 42-4-223 (1) (b), Colorado Revised Statutes, is amended to read:
42-4-223. Brakes. (1) Brake equipment required:
(b) Every motorcycle motorized bicycle, and bicycle with motor attached AND LOW-POWER SCOOTER, when operated upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot.
SECTION 27. 42-4-224 (3), Colorado Revised Statutes, is amended to read:
42-4-224. Horns or warning devices. (3) No bicycle or motorized bicycle LOW-POWER SCOOTER shall be equipped with nor shall
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any person use upon a bicycle or motorized bicycle any SUCH VEHICLE A siren or whistle.
SECTION 28. 42-4-232 (1), Colorado Revised Statutes, is amended to read:
42-4-232. Minimum safety standards for motorcycles and low-power scooters. (1) No person shall operate any motorcycle or motor-driven cycle LOW-POWER SCOOTER on any public highway in this state unless such person and any passenger thereon is wearing goggles or eyeglasses with lenses made of safety glass or plastic; EXCEPT THAT THIS SUBSECTION (1) SHALL NOT APPLY TO A PERSON WEARING A HELMET CONTAINING EYE PROTECTION MADE OF SAFETY GLASS OF PLASTIC.
SECTION 29. 42-4-237 (1) (a), Colorado Revised Statutes, is amended to read:
42-4-237. Safety belt systems - mandatory use - exemptions - penalty. (1) As used in this section:
(a) “Motor vehicle” means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, motorscooters, motorbicycles, motorized bicycles LOW-POWER SCOOTERS, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.
SECTION 30. 42-4-1101 (8), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
42-4-1101. Speed limits. (8) (g) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO PERSON SHALL DRIVE A LOW-POWER SCOOTER ON A ROADWAY AT A SPEED IN EXCESS OF FORTY MILES PER
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1 HOUR. STATE AND LOCAL AUTHORITIES SHALL NOT AUTHORIZE 2 LOW-POWER SCOOTERS TO EXCEED FORTY MILES PER HOUR ON A 3 ROADWAY. 4 SECTION 31. 42-4-1301 (1) (a), (1) (b), (1) (c), (1) (f), (1) (g), 5 (1) (h), (1) (i), (2) (a), (2) (a.5) (I), (2) (c), (6) (a) (I), (6) (a) (II), (6) (b), 6 (6) (i) (I), and (6) (i) (II), Colorado Revised Statutes, are amended to read: 7 42-4-1301. Driving under the influence - driving while 8 impaired - driving with excessive alcoholic content - definitions - 9 penalties. (1) (a) It is a misdemeanor for any person who is under the
10 influence of alcohol or one or more drugs, or a combination of both 11 alcohol and one or more drugs, to drive any vehicle A MOTOR VEHICLE, 12 VEHICLE, OR LOW-POWER SCOOTER in this state. 13 (b) It is a misdemeanor for any person who is impaired by alcohol 14 or by one or more drugs, or by a combination of alcohol and one or more 15 drugs, to drive any vehicle A MOTOR VEHICLE, VEHICLE, OR LOW-POWER 16 SCOOTER in this state.
17 (c) It is a misdemeanor for any person who is an habitual user of 18 any controlled substance defined in section 12-22-303 (7), C.R.S., to 19 drive any vehicle A MOTOR VEHICLE, VEHICLE, OR LOW-POWER SCOOTER 20 in this state.
21 (f) “Driving under the influence” means driving a MOTOR vehicle, 22 VEHICLE, OR LOW-POWER SCOOTER when a person has consumed alcohol 23 or one or more drugs, or a combination of alcohol and one or more drugs, 24 which alcohol alone, or one or more drugs alone, or alcohol combined 25 with one or more drugs THAT affects the person to a degree that the 26 person is substantially incapable, either mentally or physically, or both 27 mentally and physically, to exercise clear judgment, sufficient physical
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1 control, or due care in the safe operation of a vehicle. 2 (g) “Driving while ability impaired” means driving a MOTOR 3 vehicle, VEHICLE, OR LOW-POWER SCOOTER when a person has consumed 4 alcohol or one or more drugs, or a combination of both alcohol and one 5 or more drugs, which alcohol alone, or one or more drugs alone, or 6 alcohol combined with one or more drugs, THAT affects the person to the 7 slightest degree so that the person is less able than the person ordinarily 8 would have been, either mentally or physically, or both mentally and 9 physically, to exercise clear judgment, sufficient physical control, or due
10 care in the safe operation of a vehicle. 11 (h) Pursuant to section 16-2-106, C.R.S., in charging the offense 12 of DUI, it shall be sufficient to describe the offense charged as “drove a 13 MOTOR vehicle under the influence of alcohol or drugs or both” OR 14 “DROVE A VEHICLE OR LOW-POWER SCOOTER UNDER THE INFLUENCE OF 15 ALCOHOL OR DRUGS OR BOTH”. 16 (i) Pursuant to section 16-2-106, C.R.S., in charging the offense 17 of DWAI, it shall be sufficient to describe the offense charged as “drove 18 a MOTOR vehicle while impaired by alcohol or drugs or both” OR AS 19 “DROVE A VEHICLE OR LOW-POWER SCOOTER WHILE IMPAIRED BY 20 ALCOHOL OR DRUGS OR BOTH”. 21 (2) (a) It is a misdemeanor for any person to drive any A MOTOR 22 vehicle, VEHICLE, OR LOW-POWER SCOOTER in this state when the person’s 23 BAC is 0.08 or more at the time of driving or within two hours after 24 driving. During a trial, if the state’s evidence raises the issue, or if a 25 defendant presents some credible evidence, that the defendant consumed 26 alcohol between the time that the defendant stopped driving and the time 27 that testing occurred, such issue shall be an affirmative defense, and the
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1 prosecution must establish beyond a reasonable doubt that the minimum 2 0.08 blood or breath alcohol content required in this paragraph (a) was 3 reached as a result of alcohol consumed by the defendant before the 4 defendant stopped driving.
5 (a.5) (I) It is a class A traffic infraction for any person under 6 twenty-one years of age to drive any A MOTOR vehicle, VEHICLE, OR 7 LOW-POWER SCOOTER in this state when the person’s BAC, as shown by 8 analysis of the person’s breath, is at least 0.02 but not more than 0.05 at 9 the time of driving or within two hours after driving. The court, upon
10 sentencing a defendant pursuant to this subparagraph (I), may, in addition 11 to any penalty imposed under a class A traffic infraction, order that the 12 defendant perform up to twenty-four hours of useful public service, 13 subject to the conditions and restrictions of section 18-1.3-507, C.R.S., 14 and may further order that the defendant submit to and complete an 15 alcohol evaluation or assessment, an alcohol education program, or an 16 alcohol treatment program at such defendant’s own expense.
17 (c) Pursuant to section 16-2-106, C.R.S., in charging the offense 18 of DUI per se, it shall be sufficient to describe the offense charged as 19 “drove a MOTOR vehicle with excessive alcohol content” OR AS “DROVE 20 A VEHICLE OR LOW-POWER SCOOTER WITH EXCESSIVE ALCOHOL 21 CONTENT”.
22 (6) (a) In any prosecution for DUI or DWAI, the defendant’s BAC 23 at the time of the commission of the alleged offense or within a 24 reasonable time thereafter gives rise to the following presumptions or 25 inferences:
26 (I) If at such time the defendant’s BAC was 0.05 or less, it shall 27 be presumed that the defendant was not under the influence of alcohol
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1 and that the defendant’s ability to operate a MOTOR vehicle, VEHICLE, OR 2 LOW-POWER SCOOTER was not impaired by the consumption of alcohol. 3 (II) If at such time the defendant’s BAC was in excess of 0.05 but 4 less than 0.08, such fact gives rise to the permissible inference that the 5 defendant’s ability to operate a MOTOR vehicle, VEHICLE, OR LOW-POWER 6 SCOOTER was impaired by the consumption of alcohol, and such fact may 7 also be considered with other competent evidence in determining whether 8 or not the defendant was under the influence of alcohol.
9 (b) The limitations of this subsection (6) shall not be construed as 10 limiting the introduction, reception, or consideration of any other 11 competent evidence bearing upon the question of whether or not the 12 defendant was under the influence of alcohol or whether or not the 13 defendant’s ability to operate a MOTOR vehicle, VEHICLE, OR LOW-POWER 14 SCOOTER was impaired by the consumption of alcohol.
15 (i) (I) Following the lawful contact with a person who has been 16 driving a MOTOR vehicle, VEHICLE, OR LOW-POWER SCOOTER, and when 17 a law enforcement officer reasonably suspects that a person was driving 18 a MOTOR vehicle, VEHICLE, OR LOW-POWER SCOOTER while under the 19 influence of or while impaired by alcohol, the law enforcement officer 20 may conduct a preliminary screening test using a device approved by the 21 executive director of the department of public health and environment 22 after first advising the driver that the driver may either refuse or agree to 23 provide a sample of the driver’s breath for such preliminary test; except 24 that, if the driver is under twenty-one years of age, the law enforcement 25 officer may, after providing such advisement to the person, conduct such 26 preliminary screening test if the officer reasonably suspects that the 27 person has consumed any alcohol.
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(II) The results of this preliminary screening test may be used by a law enforcement officer in determining whether probable cause exists to believe such person was driving a MOTOR vehicle, VEHICLE, OR LOW-POWER SCOOTER in violation of this section and whether to administer a test pursuant to section 42-4-1301.1 (2).
SECTION 32. 42-4-1401 (1), Colorado Revised Statutes, is amended to read:
42-4-1401. Reckless driving - penalty. (1) Any A person who drives any A motor vehicle, bicycle, or motorized bicycle LOW-POWER SCOOTER in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle LOW-POWER SCOOTER shall not be subject to the provisions of section 42-2-127.
SECTION 33. 42-4-1402 (1), Colorado Revised Statutes, is amended to read:
42-4-1402. Careless driving - penalty. (1) Any A person who drives any A motor vehicle, bicycle, or motorized bicycle LOW-POWER SCOOTER in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle LOW-POWER SCOOTER shall not be subject to the provisions of section 42-2-127.
SECTION 34. 42-4-1409 (1), (2), (3), (5), and (7), Colorado Revised Statutes, are amended to read:
42-4-1409. Compulsory insurance - penalty - legislative intent.
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1 (1) No owner of a motor vehicle OR LOW-POWER SCOOTER required to be 2 registered in this state shall operate the vehicle or permit it to be operated 3 on the public highways of this state when the owner has failed to have a 4 complying policy or certificate of self-insurance in full force and effect 5 as required by law.
6 (2) No person shall operate a motor vehicle OR LOW-POWER 7 SCOOTER on the public highways of this state without a complying policy 8 or certificate of self-insurance in full force and effect as required by law. 9 (3) When an accident occurs, or when requested to do so
10 following any lawful traffic contact or during any traffic investigation by 11 a peace officer, no owner or operator of a motor vehicle OR LOW-POWER 12 SCOOTER shall fail to present to the requesting officer immediate evidence 13 of a complying policy or certificate of self-insurance in full force and 14 effect as required by law.
15 (5) Testimony of the failure of any owner or operator of a motor 16 vehicle OR LOW-POWER SCOOTER to present immediate evidence of a 17 complying policy or certificate of self-insurance in full force and effect 18 as required by law, when requested to do so by a peace officer, shall 19 constitute prima facie evidence, at a trial concerning a violation charged 20 under subsection (1) or (2) of this section, that such owner or operator of 21 a motor vehicle violated subsection (1) or (2) of this section.
22 (7) The owner of a motor vehicle OR LOW-POWER SCOOTER, upon 23 receipt of an affirmation of insurance as described in section 42-3-113 (2) 24 and (3), shall sign and date such affirmation in the space provided. 25 SECTION 35. 42-4-1701 (4) (a) (I) (L), Colorado Revised 26 Statutes, is amended to read:
27 42-4-1701. Traffic offenses and infractions classified - -34- HB09-1026
1 penalties - penalty and surcharge schedule. (4) (a) (I) Except as 2 provided in paragraph (c) of subsection (5) of this section, every person 3 who is convicted of, who admits liability for, or against whom a judgment 4 is entered for a violation of any provision of this title to which the 5 provisions of paragraph (a) or (b) of subsection (5) of this section apply 6 shall be fined or penalized, and have a surcharge levied thereon pursuant 7 to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., in 8 accordance with the penalty and surcharge schedule set forth in 9 sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or
10 surcharge is specified in the schedule, the penalty for class A and class B 11 traffic infractions shall be fifteen dollars, and the surcharge shall be four 12 dollars. These penalties and surcharges shall apply whether the defendant 13 acknowledges the defendant’s guilt or liability in accordance with the 14 procedure set forth by paragraph (a) of subsection (5) of this section or is 15 found guilty by a court of competent jurisdiction or has judgment entered 16 against the defendant by a county court magistrate. Penalties and 17 surcharges for violating specific sections shall be as follows:
18 Section Violated 19 (L) Speeding violations: 20 42-4-1101 (1) or (8) (b) (1 to 4 miles 21 per hour over the reasonable and 22 prudent speed or over the maximum 23 lawful speed limit of 75 miles 24 per hour) 25 42-4-1101 (1) or (8) (b) (5 to 9 miles 26 per hour over the reasonable and 27 prudent speed or over the maximum
Penalty
$ 30.00
Surcharge
$ 6.00
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HB09-1026
1 lawful speed limit of 75 miles 2 per hour) 3 42-4-1101 (1) or (8) (b) (10 to 19 miles 4 per hour over the reasonable and 5 prudent speed or over the maximum 6 lawful speed limit of 75 miles 7 per hour) 8 42-4-1101 (1) or (8) (b) (20 to 24 miles 9 per hour over the reasonable and
10 prudent speed or over the maximum 11 lawful speed limit of 75 miles 12 per hour) 13 42-4-1101(8) (g) (1 TO 4 MILES PER 14 HOUR OVER THE MAXIMUM LAWFUL 15 SP

Comments

May 0209:48 pm
Nathaniel said:

This is really great info! Thanks a bunch!

May 0311:34 am
Skooter said:

What is the requirement for lighting on electric bikes in colorado?  Same as regular bicycle?

May 0303:22 pm
Justin said:

Thanks for posting this! So electrical-assisted bicycles end up in the legal gray area as all bikes? Sometimes a vehicle, sometimes a pedestrian.

May 0303:47 pm
Dean said:

We have not read anything that would make us think bicycle light laws do not apply to e-bike light laws.  Our understanding of Colorado Bicycle Safety Laws defining headlamps is…..

When bicycling from sundown to sunrise or when weather or other conditions cause poor visibility, your bicycle must be equipped with a rear red reflector and reflectors on both sides that can be seen for 600 feet in a car’s headlamps. You must also have a white front headlight that can be seen for at least 500 feet from the front of the bicycle.
Aside from night time, the most hazardous times to ride are dawn, dusk, and during storms. These are the times when you are least visible. Riding at these times requires all the lighting and safety equipment of night time riding. If you do not have this equipment or your lights are dim, it is best to wait for full light or for the storm to pass.

Aug 0501:49 pm
Robert Comey said:

A couple of things to keep in mind regarding Electrically Assisted Bicycles (EAB’s) in Colorado:
1.Local jurisdictions may either allow, prohibit or permit the use of the electrical assist on paths and sidewalks intended for “normal” bicycle operation,
2.All safety equipment (eg. reflectors) required on an unpowered bicycle are required on EAB’s,
3. Operational parameters such as stopping distance under power must not exceed that of unpowered bicycles,
4. It would appear that restrictions provided under Colorado law on EAB’s apply only to the use of the electric assist and not the bike, i.e. the “behavior” and not the “bike”. (Any comments from Pitkin County on this?)
5. Unless EAB’s are specifically prohibited, they may be operated where No Motor Vehicle or No Motorized Equipment signs are posted, because of the fact that they are in a class entirely their own (at least on any path that received federal funds for construction).

I would love some feedback here.

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