Impending Changes to Colorado Scooter Law

With the passage and signing of Colorado House Bill HB09-1026 on May 20, 2009, changes are coming to Colorado statutes governing scooters that have under a 50 cc engine size. The effective date of these changes depends upon the Section of the Colorado Revised Statute. Sections 1, 26, 29, and 53 take effect July 1, 2010, and the remaining Sections take effect October 1, 2009. Those owning scooters under a 50 cc engine size or selling scooters in Colorado for profit should familiarize themselves now to prepare for these upcoming changes.

All of the changes introduced by House Bill 09-1026 can reviewed at http://www.statesurge.com/bills/462126-hb09-1026-colorado Only the changes pertaining to 'low power scooters' are included and edited in this document. This is not a legal document and does not cover all aspects of HB09-1026. You are advised to consult with your local authorities or legal advisor regarding the legal aspects of these Colorado Revised Statutes.

What are the major changes for under 50 cc scooters in Colorado?
• Scooters previously classified as 'motorized bicycles' or a 'motor-driven cycle' will now be classified as 'low-power scooters'.
• The definition of a low-power scooter has changed. The maximum wheel size diameter and the thirty miles per hour maximum designed speed have been removed as part of the definition of a scooter.
• There are now defined penalties for speeding on a low power scooter. Low power scooters are not to exceed forty miles per hour on a roadway.
• Low power scooters must have liability insurance.
• People selling low power scooters must have a powersports vehicle distributor license.
• There are defined drug and alcohol penalties for low power scooter operators.

What defines a low-power scooter under the new statutes?
In Section 22, 42-1-102 of Colorado Revised Statutes the characteristics of a low power scooter changed from the old definition. Low power scooters are still self-propelled, have no more than three wheels, and do not have a manual clutch. An internal combustion engine not exceeding 50 cc or electric power not exceeding 4476 Watts can now power a 'low-power scooter'. Toy vehicles still cannot be classified as a 'low-power scooter'. A motorcycle cannot be a 'low-power' scooter.

What about that really fast scooter down the street?
It's probably classified as a motorcycle and is not a low power scooter. Inquire about its engine size and whether it has a manual transmission.

What are the insurance requirements for a low-power scooter?
Insurance requirements and penalties are covered in Section 27, 42-3-105 and Section 60, 42-4-1409 of the new Colorado Revised Statutes. Low-power scooters must now carry a motor vehicle insurance policy in order to be registered and operated in Colorado. A certificate of self-insurance in full force will also comply with state requirements. In the event of an accident, signed and dated proof of insurance will need to be presented.

What are the Driver's License requirements for a low power scooter in Colorado?
Driver's License requirements are covered in Section 23, 42-2-103 and Section 24, 42-2-106 of the new Colorado Revised Statutes. Operating a low power scooter requires the operator to have a valid driver's license or minor driver's license. This requirement has not changed from previous statutes. One does not need a motorcycle endorsement to operate a low power scooter. There are additional requirements if the operator is a new driver or is between the ages of sixteen and eighteen.

Where is it legal to ride a low power scooter?
Low power scooters are allowed on most Colorado roadways. Per Section 23, 42-2-103 of Colorado Revised Statues, low-power scooters are allowed only on interstate systems that allow bicycles upon them. They may be operated in bicycle lanes. Consult with local authorities for additional regulations to these Colorado Revised Statutes.

Can I ride a low power scooter on the sidewalk?
No. As stated in Colorado Revised Statutes Section 52, 42-4-710, only bicycles, electric assisted bicycles, and human powered vehicles are allowed on sidewalks.

Can I ride a low power scooter on a bike path?
Motorized vehicles are generally not allowed on bike paths. Consult bike path signage and local authorities.

What fees do I have to pay?
These fees have not changed from previous applicable fees. It costs five dollars to register a low-power scooter per Section 34, 42-3-311 of Colorado Revised Statutes. You will be issued a decal that will be valid for three years.

How do I register my scooter in Colorado?
Low power scooters are registered with the Colorado Department of Revenue. There is no change from previous statutes.

Can I put a siren or whistle on my low power scooter?
Per Section 47, 42-4-224 of Colorado Revised Statues, low power scooters cannot be equipped with sirens and whistles.

Any other required equipment for a low power scooter?
Under Section 44, 42-4-220 of Colorado Revised Statutes, low power scooters are required to meet headlight requirements, a rear lamp, an audible signal device, and a brake. The headlamp should 'emit a white light visible from a distance of at least five hundred feet'. Low power scooters are required to have either a rear red reflector visible from fifty feet or a red taillight visible from five hundred feet.

Low power scooters are also required to have an audible device capable of being heard for a distance of one hundred feet and a brake capable of making 'braked wheels skid on dry, level, clean pavement'.

What's the speed limit for a low power scooter on a roadway?
Previous statutes stated that motorized bicycles were designed not to exceed thirty miles per hour on a flat roadway. Section 54, 42-4-1101 of Colorado Revised Statutes states that low power scooters are not to be driven 'at a speed in excess of forty miles per hour' on a roadway.

What are the penalties for speeding on a low power scooter?
Previously there were no defined penalties for speeding on a scooter. In Section 25, 42-2-127 of Colorado Revised Statutes new sub-paragraphs were added to include penalties for speeding over the forty mile per hour maximum speed. There are no conviction points when speeding one to four miles over the maximum lawful speed. Up to four conviction points can be given when speeding in excess of the forty mile per hour maximum.

Are there penalties associated for careless and reckless driving on a low power scooter?
Yes. Consult for the Colorado Revised Statutes for the detailed changes to regulations.

Are there penalties associated with intoxication or drug use and operating a low power scooter?
Yes. Read Section 56, 42-4-1301 of Colorado Revised Statutes very carefully at the sited source. It's very lengthy.

Do I have to wear a helmet?
There is not a mandatory helmet law in Colorado for adults. Under Section 63, 42-4-1502 of Colorado Revised Statutes, there are regulations for operators and passengers under eighteen years of age. Operators and riders under eighteen years of age must wear a protective motorcycle helmet.

What powers do local authorities have over low power scooters?
This is somewhat of a gray area. Under Section 36, 42-4-111 of Colorado Revised Statutes, local authorities can pass additional local regulations but these regulations cannot change Colorado Revised Statutes regarding requirements for registration or licensing of low power scooters.

Do these revisions affect scooters that have always been classified as motorcycles?
No. It's still a motorcycle and must still meet all applicable motorcycle statutes.

If you have any questions regarding these changes, consult with your local authorities. They will have literature to help explain local and state regulations.

Sources:

http://www.statebillinfo.com/sbi/index.cfm?fuseaction=Bills.Versions&session=09&mode=0&sortby=3&filter=b&page=1&id=11238

http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/35F59CD5C414110487257537001BBD1D?Open&file=HB1026_00.pdf

http://www.statesurge.com/bills/462126-hb09-1026-colorado

http://www.colorado.gov/cs/Satellite/CGA-LegislativeCouncil/CLC/1251588112665