Motorized Scooters & Mopeds

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Low Power Scooter

Laws and Regulations

The Colorado Legislature has laws which govern and provide definitions of how Law Enforcement can enforce laws. In these definitions, Officials must make decisions about what is legal and the action they can take. The City of Loveland has adopted the states version of the low power scooter legislation into the Loveland Model Traffic Code.  If you would like further information or interpretation, please contact your local Law Enforcement Department or local Court and refer to the attached State of Colorado’s website for House Bill 09-1026. 

State Bill 

The intent of the below information is provided for reference only and is not binding in any way. It is a requirement, and recommended that all drivers in the State of Colorado become acquainted with, understand and adhere to all motor vehicles laws.

On July 1, 2010 the State of Colorado revised, modified and finalized the legislation as it pertains to low power scooters, previously known as mopeds (motorized bicycle) and/or motorscooters. This was a two step process, which initially began on July 1, 2009, when the bill was announced with the upcoming changes. This was done in order to provide the motoring public the time and resources necessary to adequately familiarize themselves with the many changes reference low power scooters.  

It is HIGHLY recommended commuters operating low power scooters in any municipality acquaint themselves with any additional restrictions or modifications within that cities municipal ordinance.  


House Bill 09-1029 Highlights

Low Power Scooters 

The Transportation Legislation Review Committee replaced the current categories of self-propelled vehicles of "motor-driven cycle", "motorscooter", and "motorized bicycle" with "motorcycle" and "low-power scooter". It also applied substantially similar requirements to such vehicles.

The definition of a "low-power scooter" is a vehicle with less than 4 wheels, no manual clutch, and a power capacity not exceeding either 50cc or 4,476 watts. The house bill modifies the definitions of "motorcycle" and "toy vehicle" in order to categorize the vehicles as well. It requires a powersports category of license to sell a low-power scooter.

Most importantly, the legislation requires the driver of a low-power scooter to carry insurance, effective July 1, 2010. It also prohibits the operation of a low-power scooter over 40 miles per hour and imposes fines and penalty assessment points. The legislation additionally clarifies that the drug and alcohol driving offenses apply to all vehicles, including low-power scooters, farm tractors, and off-highway vehicles.  

Definitions

Per Colorado Revised Statute (CRS)

42-1-102 Definitions 

(10) Bicycle

A vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than 14” in diameter.

(28.5) Electrical assisted bicycle

A 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.

(28.7) Electric Personal Assistive Mobility Device or "EPAMD"

a self-balancing, non-tandem 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. 

(48.5)(a) Low-Power Scooter
A 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:
(I) A cylinder capacity not exceeding 50 cubic centimeters if powered by internal combustion; or
(II) A wattage not exceeding 4,476 if powered by electricity.
(b) 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.
(48.6) Low Speed Electric Vehicle
(a) Is self-propelled utilizing electricity as its primary propulsion method;
(b) Has at least three wheels in contact with the ground;
(c) Does not use handlebars to steer; and
(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a   seventeen-character vehicle identification number as provided in 49 CFR 565.
 (55) Motorcycle
A motor vehicle that uses handlebars to steer and that is designed to travel on not more than three wheels in contact with the ground; except that the term does not include a farm tractor or low-power scooter.
(58) Motor vehicle
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 low-power scooters, wheelchairs, or vehicles moved solely by human power. For the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway vehicles, as defined in section 33-14.5-101 (3), C.R.S., operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle. 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, "motor vehicle" includes a low-power scooter.”
(103.5)(a) Toy Vehicle
Any vehicle that has wheels and is not designed for use on public highways or for off-road use.
(b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters.
(c) "Toy vehicle" does not include off-highway vehicles or snowmobiles.
(112) Vehicle
A device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air. 

 CRS 42-3-103 Registration Required
 
Every low-power scooter sold in this state shall have an identification number stamped on its frame, which number shall be recorded upon registration. A low-power scooter shall be registered with the department, which registration shall be evidenced by a number decal that is securely affixed to the low-power scooter frame in a conspicuous place. Registration shall be valid for a period of three years, and the fee for such registration shall be $5. 
 
42-3-311 Low-Power Scooter registration
 
Every low-power scooter sold in this state shall have an identification number stamped on its frame, which number shall be recorded upon registration. A low-power scooter shall be registered with the department, which registration shall be evidenced by a number decal that is securely affixed to the low-power scooter frame in a conspicuous place. Registration shall be valid for a period of three years, and the fee for such registration shall be $5.

42-4-109.6(4) Class B Low Speed Electric Vehicle
A low-speed electric vehicle that is capable of traveling at greater than 25 mph, but less than 40 mph.
42-4-1409 Compulsory Insurance – penalty – legislative intent
(1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law. (Owner and/or Operator does not have coverage.)
(2) No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law. (Operator, not owner, has coverage, but not in possession.)
(3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle or low-power scooter shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (Owner and operator has coverage, but not in possession.)

Loveland Municipal Code 12.44.030
Restrictions for horses and motorized vehicles - Penalties

(B) "No person having in his possession or under his control and horse or motorized vehicle,..."
"...shall permit the horse or motorized vehicle to enter upon those areas of the recreational trail system which are not contiguous with and part of the public street system."

(B) "No person having in his possession or under his control and horse or motorized vehicle,..." "...shall permit the horse or motorized vehicle to enter upon those areas of the recreational trail system which are not contiguous with and part of the public street system."

In summary
Low Power Scooters requirements:

1) Operator needs to have a valid driver license. (Driving under restraint will have the same penalties as if operating a motor vehicle.)
2) The operator (owner or not) of the scooter must have current insurance.
3) The scooter needs to be registered and have a registration sticker placed in plain view, to include an identification number stamped on the frame. Similar to a VIN (Vehicle Identification Number).
4) Operation of a scooter is not allowed on the interstate and must not exceed a speed of 40 mph and must ride on the right side portion of the roadway.
5) Operator/occupant are required to use eye protection and any operator/occupant under the age of 18 shall use a safety helmet. (No matter the age, a safety helmet is HIGHLY RECOMMENDED.)
6) Graduated Driver License (GDL) operators shall adhere to driver license restrictions (Occupancy).
7) Maximum occupancy is dependent upon the manufacturer’s design. Refer to owner’s manual for further details. If the design is operator only, no occupants are permitted.
8) Operator/occupants must adhere to all traffic laws and equipment requirements.
 
REMEMBER, YOUR SAFETY IS PARAMOUNT! PAY ATTENTION AND NEVER ASSUME OTHER DRIVER INTENTIONS. YOU CONTROL HOW YOU DRIVE, NOT HOW EVERYONE ELSE DOES!!

1) Operator needs to have a valid driver license. (Driving under restraint will have the same penalties as if operating a motor vehicle.) 2) The operator (owner or not) of the scooter must have current insurance. 3) The scooter needs to be registered and have a registration sticker placed in plain view, to include an identification number stamped on the frame. Similar to a VIN (Vehicle Identification Number). 4) Operation of a scooter is not allowed on the interstate and must not exceed a speed of 40 mph and must ride on the right side portion of the roadway. 5) Operator/occupant are required to use eye protection and any operator/occupant under the age of 18 shall use a safety helmet. (No matter the age, a safety helmet is HIGHLY RECOMMENDED.) 6) Graduated Driver License (GDL) operators shall adhere to driver license restrictions (Occupancy). 7) Maximum occupancy is dependent upon the manufacturer’s design. Refer to owner’s manual for further details. If the design is operator only, no occupants are permitted. 8) Operator/occupants must adhere to all traffic laws and equipment requirements.   REMEMBER, YOUR SAFETY IS PARAMOUNT! PAY ATTENTION AND NEVER ASSUME OTHER DRIVER INTENTIONS. YOU CONTROL HOW YOU DRIVE, NOT HOW EVERYONE ELSE DOES!!