Legal Corner: E-vehicles, real solutions

In recent years, electric scooters, e-bikes, golf carts, toy vehicles, and other low-speed electric vehicles (collectively “e-vehicles”) have greatly increased in popularity with both adults and children. Increased usage has caused an increase in traffic violations, safety concerns, and public complaints. While state law provides several pertinent definitions for these vehicles and toys, local governments have the authority to set rules and regulations for usage in their municipalities under C.R.S. § 42-4-111. The rising use of e-vehicles highlights the need for clear, enforceable rules that complement state law and uphold community standards.

What are they?

The state provides pertinent definitions for many of the contemplated e-vehicles in C.R.S. § 42-1-102 and the Model Traffic Code. However, while Colorado establishes general traffic rules for e-bikes and e-scooters, municipalities can fill gaps in the law.

Colorado designates three classes of electric bicycles based on top speed. C.R.S. § 42-1-102(28.5). State law includes age restrictions (no person under 16 may ride a Class 3 e-bike except as a passenger), helmet laws, and penalties for violations of manufacturing standards and classifications. There are also additional state regulations in place for e-scooters and off-highway vehicles (OHVs). C.R.S. § 42-4-221, C.R.S. § 33-14.5-108. E-scooters are defined with four elements: they must 1) weigh less than 100 pounds, 2) be equipped with handlebars and an electric motor, 3) be powered by an electric motor, and 4) have a maximum speed of 20 miles per hour when powered solely by the motor. C.R.S. § 42-1-102(28.8)(a). State law provides that local laws for e-scooters may not be more restrictive than the laws pertaining to Class 1 e-bikes. While e-bikes and e-scooters are clearly defined and classified by the state, newer technologies are only loosely regulated under state law.

State statute simply defines “toy vehicles” as “any vehicle that has wheels and is not designed for use on public highways or for off-road use.” C.R.S. § 42-1-102(103.5). This includes things like mini-bikes, stand-up scooters, go-peds, e-unicycles, and kamikaze boards. Despite the wide range of speeds and modifications that toy vehicles are capable of, they are not specifically categorized by speed or function under state law. This broad definition gives municipalities room to enact ordinances that provide more clarity in regulating toy vehicles.

What have Colorado municipalities done to address this issue?  

In October, the Town of Windsor passed Ordinance No. 2025-1728, amending Windsor’s vehicle and traffic code to regulate e-vehicles in the interest of public safety. The ordinance regulates traditional bicycles as well as e-bikes, electric scooters, low power scooters, toy vehicles, and OHVs. The ordinance establishes designated dismount zones where no person may ride any self-powered or electric assisted devices, subject to exceptions for town employees, law enforcement, fire/EMS, or town contractors acting with official duties. The town will designate the permanent dismount zones by erecting signs and can create new, temporary dismount zones as needed. This geographic policing policy is intended to ensure even coverage of enforcement officers, putting officers in a better position to problem solve when issues come up in the designated dismount zones.

Further, Windsor banned toy vehicles on public property. Unlike state law, the Windsor ordinance establishes that toy vehicles are “not designed for use on ... sidewalks” as well as public highways and off-road. While citizens are free to use toy vehicles on private property, Windsor has effectively banned their usage anywhere else in the town.

Finally, the ordinance delegates responsibility to adults for minors using e-vehicles. Under the ordinance, it is unlawful for an adult, including a parent or guardian, to allow, assist, or encourage any minor to operate an e-vehicle. The town hopes to address the safety issues of unsupervised minors on e-vehicles by extending responsibility to a minor’s parent or guardian.

Ordinance No. 2025-1728 will go into effect in late November. The town is coordinating efforts to educate the populace about the changes through social media information campaigns and printed flyers around town clearly delineating the regulations. Once the ordinance is effective, the town can issue warnings, citations, and penalties for violations.

What can municipalities do?

Local authorities may regulate the activities concerning streets and highways in their jurisdiction using reasonable police powers. C.R.S. § 42-4-111. So long as a municipality is not regulating state highway systems, a locality has general power to enact safety regulations catered to their local problems. A municipality may find it helpful to first clearly identify and define each category of e-vehicle. By establishing a clear definition for each category, a locality will be better positioned to enact rules geared to the exact problems presented by that category.

Since these regulations are in their infancy, it is unclear whether the state may attempt to further regulate e-vehicles or how effective a complete ban by a locality may be. If your municipality is interested in enacting legislation around e-vehicles, we recommend consulting with your municipal attorney and police department to decide what regulations are best suited for your locality.