Parent Penalties Minor Using Electric Bicycle

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0515.01 Renee Leone x2695 HOUSE BILL 26-1125
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING THE ASSESSMENT OF PENALTIES AGAINST A PARENT101
WHEN A MINOR VIOLATES LA WS CONCERNING THE USAGE OF102
CERTAIN ELECTRIC VEHICLES , AND , IN CONNECTION103
THEREWITH, AUTHORIZING THE ASSESSMENT OF PENALTIES104
AGAINST A PARENT FOR A MINOR 'S IMPROPER USAGE OF AN105
ELECTRICAL ASSISTED BICYCLE , ELECTRIC MOTORCYCLE ,106
ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD.107
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
HOUSE SPONSORSHIP
Bradley,
SENATE SPONSORSHIP
Carson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill creates penalties to be assessed against a parent or
guardian who permits their minor child or ward to operate an electrical
assisted bicycle, electric motorcycle, electric scooter, or electric
skateboard (electric vehicle) if the minor child or ward operates the
electric vehicle in a manner that violates certain laws concerning the
usage of such electric vehicles, including laws regarding age requirements
for different classes of such electric vehicles, how to safely and properly
operate such electric vehicles on roadways or pathways, and required
safety gear.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-1-102, add (28.6)2
as follows:3
42-1-102. Definitions.4
As used in articles 1 to 4 of this title 42, unless the context5
otherwise requires:6
(28.6) (a) "E LECTRIC MOTORCYCLE" MEANS AN OFF -HIGHWAY7
MOTORCYCLE THAT:8
(I) I S POWERED EXCLUSIVELY BY AN ELECTRIC MOTOR AND9
BATTERY;10
(II) IS EQUIPPED FROM THE MANUFACTURER WITH FOOT PEGS; AND11
(III) DOES NOT HAVE AN OPTION FOR PEDAL-ASSISTED POWER.12
(b) "ELECTRIC MOTORCYCLE" INCLUDES AN ELECTRIC DIRT BIKE.13
SECTION 2. In Colorado Revised Statutes, 42-4-1412, add (16)14
as follows:15
42-4-1412. Operation of bicycles, electric scooters, and other16
human-powered vehicles - legislative declaration - definitions.17
(16) (a) Legislative declaration. THE GENERAL ASSEMBLY FINDS18
AND DECLARES THAT:19
(I) OVER THE LAST SEVERAL YEARS, COLORADO HAS EXPERIENCED20
HB26-1125-2-
AN INCREASE IN THE USE OF ELECTRICAL ASSISTED BICYCLES , ELECTRIC1
MOTORCYCLES, ELECTRIC SCOOTERS , AND ELECTRIC SKATEBOARDS BY2
MINORS ON PUBLIC ROADWAYS, SIDEWALKS, AND TRAILS;3
(II) E XISTING COLORADO LAW RESTRICTS THE OPERATION OF4
THESE TYPES OF ELECTRIC VEHICLES BY MINORS BASED ON AGE, HELMET5
USE, GEAR COMPLIANCE, AND LOCATION;6
(III) L AW ENFORCEMENT OFTEN LACKS MEANINGFUL7
ENFORCEMENT TOOLS WHEN MINORS VIOLATE THE RESTRICTIONS PLACED8
ON THE OPERATION OF THESE TYPES OF ELECTRIC VEHICLES;9
(IV) PARENTS AND GUARDIANS FREQUENTLY PURCHASE, CONTROL,10
STORE, OR MAINTAIN SUCH ELECTRIC VEHICLES AND ARE BEST POSITIONED11
TO PREVENT UNLAWFUL OPERATION OF THESE TYPES OF ELECTRIC12
VEHICLES BY MINORS;13
(V) A SSIGNING CIVIL RESPONSIBILITY TO PARENTS AND14
GUARDIANS WHO PERMIT UNLAWFUL OPERATION OF THESE TYPES OF15
ELECTRIC VEHICLES BY MINORS:16
(A) IMPROVES SAFETY FOR MINORS;17
(B) REDUCES RISK FOR DRIVERS OF MOTOR VEHICLES AND OTHER18
ROADWAY USERS; AND19
(C) ALIGNS WITH EXISTING COLORADO LAW REGULATING THE USE20
OF CERTAIN ELECTRIC VEHICLES BY MINORS; AND21
(VI) THIS SUBSECTION (16) IS INTENDED TO BE CIVIL IN NATURE,22
NARROWLY TAILORED , AND FOCUSED ON PROMOTING SAFE AND23
RESPONSIBLE USE OF ELECTRICAL ASSISTED BICYCLES , ELECTRIC24
MOTORCYCLES, ELECTRIC SCOOTERS , AND ELECTRIC SKATEBOARDS BY25
MINORS.26
(b) (I) A PARENT OR GUARDIAN COMMITS A CIVIL INFRACTION, AND27
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MAY BE PUNISHED PURSUANT TO SECTION 18-1.3-503 (1.6), IF THE PARENT1
OR GUARDIAN PERMITS THEIR MINOR CHILD OR WARD TO OPERATE AN2
ELECTRICAL ASSISTED BICYCLE , ELECTRIC MOTORCYCLE , ELECTRIC3
SCOOTER, OR ELECTRIC SKATEBOARD:4
(A) IN VIOLATION OF THIS SECTION; OR5
(B) IN VIOLATION OF SECTION 42-4-221 (2), (6), OR (7), IF A POLICE6
OFFICER DETERMINES THAT THE VI OLATION COULD HAVE RESULTED IN7
SERIOUS BODILY INJURY, AS DEFINED IN SECTION 18-1-901 (3)(p), TO THE8
MINOR CHILD OR WARD OR TO ANOTHER INDIVIDUAL.9
(II) F OR A FIRST VIOLATION OF SUBSECTION (16)(b)(I) OF THIS10
SECTION, A POLICE OFFICER SHALL:11
(A) ASSESS AGAINST THE PARENT OR GUARDIAN A PENALTY OF12
NOT MORE THAN ONE HUNDRED DOLLARS PURSUANT TO SECTION13
18-1.3-503 (1.6); OR14
(B) I SSUE THE PARENT OR GUARDIAN A WRITTEN WARNING OR15
SAFETY NOTICE.16
(III) FOR A SECOND VIOLATION OF SUBSECTION (16)(b)(I) OF THIS17
SECTION WITHIN TWO YEARS AFTER THE FIRST VIOLATION , A POLICE18
OFFICER SHALL ASSESS AGAINST THE PARENT OR GUARDIAN A PENALTY OF19
NOT MORE THAN TWO HUNDRED DOLLARS.20
(IV) F OR A THIRD OR SUBSEQUENT VIOLATION OF SUBSECTION21
(16)(b)(I) OF THIS SECTION WITHIN TWO YEARS AFTER THE FIRST22
VIOLATION, A POLICE OFFICER SHALL:23
(A) A SSESS AGAINST THE PARENT OR GUARDIAN A PENALTY OF24
NOT MORE THAN THREE HUNDRED DOLLARS; AND25
(B) IMPOSE ADDITIONAL REASONABLE COMPLIANCE CONDITIONS26
THAT THE POLICE OFFICER HAS AUTHORITY TO IMPOSE AND THAT THE LAW27
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ENFORCEMENT AGENCY HAS AUTHORITY TO IMPOSE AND THE CAPACITY TO1
ENFORCE.2
(c) (I) FOR THE PURPOSES OF SUBSECTION (16)(b) OF THIS SECTION,3
A PARENT OR GUARDIAN IS PRESUMED TO HAVE PERMITTED THEIR MINOR4
CHILD OR WARD TO OPERATE AN ELECTRICAL ASSISTED BICYCLE, ELECTRIC5
MOTORCYCLE, ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD IF:6
(A) THE ELECTRICAL ASSISTED BICYCLE, ELECTRIC MOTORCYCLE,7
ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD USED BY THE MINOR CHILD8
OR WARD WAS PURCHASED BY OR IS OWNED BY OR REGISTERED TO THE9
PARENT OR GUARDIAN;10
(B) THE ELECTRICAL ASSISTED BICYCLE, ELECTRIC MOTORCYCLE,11
ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD IS PRIMARILY STORED AT12
THE RESIDENCE OF THE PARENT OR GUARDIAN; OR13
(C) THE PARENT OR GUARDIAN KNEW OR REASONABLY SHOULD14
HAVE KNOWN THAT THE MINOR CHILD OR WARD WAS OPERATING THE15
ELECTRICAL ASSISTED BICYCLE , ELECTRIC MOTORCYCLE , ELECTRIC16
SCOOTER, OR ELECTRIC SKATEBOARD.17
(II) A PARENT OR GUARDIAN MAY REBUT THE PRESUMPTION18
DESCRIBED IN SUBSECTION (16)(c)(I) OF THIS SECTION IF THE PARENT OR19
GUARDIAN CAN DEMONSTRATE THAT:20
(A) THE ELECTRICAL ASSISTED BICYCLE, ELECTRIC MOTORCYCLE,21
ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD WAS TAKEN BY THE MINOR22
CHILD OR WARD WITHOUT THE PARENT'S OR GUARDIAN'S PERMISSION;23
(B) R EASONABLE STEPS WERE TAKEN TO PREVENT THE MINOR24
CHILD'S OR WARD 'S ACCESS TO THE ELECTRICAL ASSISTED BICYCLE ,25
ELECTRIC MOTORCYCLE, ELECTRIC SCOOTER, OR ELECTRIC SKATEBOARD;26
(C) THE ELECTRICAL ASSISTED BICYCLE, ELECTRIC MOTORCYCLE,27
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ELECTRIC SCOOTER , OR ELECTRIC SKATEBOARD WAS COMPLIANT AND1
APPROPRIATE FOR THE MINOR CHILD OR WARD AT THE TIME OF PURCHASE2
OR REGISTRATION AND ANY MODIFICATION MADE TO THE VEHICLE THAT3
MAKES THE MINOR CHILD'S OR WARD'S USE OF THE VEHICLE A VIOLATION4
OF THIS SECTION WAS MADE WITHOUT THE PARENT 'S OR GUARDIAN 'S5
KNOWLEDGE; OR6
(D) T HE MINOR CHILD OR WARD CIRCUMVENTED ACCESS7
CONTROLS OR SAFEGUARDS THE PARENT OR GUARDIAN BELIEVED TO BE IN8
PLACE WITHOUT THE PARENT'S OR GUARDIAN'S CONSENT.9
(d) THIS SUBSECTION (16) IS NOT INTENDED TO:10
(I) CREATE CRIMINAL LIABILITY; OR11
(II) ALTER THE REGULATION OF ADULT OPERATION OF ELECTRICAL12
ASSISTED BICYCLES, ELECTRIC MOTORCYCLES , ELECTRIC SCOOTERS , OR13
ELECTRIC SKATEBOARDS.14
(e) Definitions. AS USED IN THIS SUBSECTION (16), UNLESS THE15
CONTEXT OTHERWISE REQUIRES:16
(I) "G UARDIAN" MEANS AN INDIVIDUAL WHO IS ENTRUSTED BY17
LAW WITH THE CARE OF A MINOR.18
(II) "M INOR" OR "MINOR CHILD" MEANS AN INDIVIDUAL UNDER19
EIGHTEEN YEARS OLD.20
(III) "WARD" MEANS AN INDIVIDUAL FOR WHOM A GUARDIAN HAS21
BEEN APPOINTED.22
SECTION 3. Act subject to petition - effective date -23
applicability. (1) This act takes effect at 12:01 a.m. on the day following24
the expiration of the ninety-day period after final adjournment of the25
general assembly (August 12, 2026, if adjournment sine die is on May 13,26
2026); except that, if a referendum petition is filed pursuant to section 127
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(3) of article V of the state constitution against this act or an item, section,1
or part of this act within such period, then the act, item, section, or part2
will not take effect unless approved by the people at the general election3
to be held in November 2026 and, in such case, will take effect on the4
date of the official declaration of the vote thereon by the governor.5
(2) This act applies to conduct occurring on or after the applicable6
effective date of this act.7
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