Sale of Electrical Assisted Bicycles Requirements

The act:

• Requires that a seller of an electrical assisted bicycle must make certain disclosures to the purchaser regarding the characteristics of the electrical assisted bicycle;
• Requires that, on or after January 1, 2027, a manufacturer or distributor of a new electrical assisted bicycle must label each electrical assisted bicycle with the highest class or each of the classes in which the electrical assisted bicycle is capable of operation;
• Prohibits a person from selling or offering to sell a vehicle that is not an electrical assisted bicycle if the vehicle is falsely labeled as an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act".
• Prohibits a person from advertising, offering for sale, or selling a vehicle that is not an electrical assisted bicycle by using certain words associated with electrical assisted bicycles without providing a disclosure that the vehicle is not in fact an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act".
• Requires that a lithium-ion battery or a second-use lithium-ion battery (battery) that is part of or intended for use in an electrical assisted bicycle must be certified by an accredited testing laboratory for compliance with certain battery standards and that the certification or name of the accredited testing laboratory must be included on the packaging or documentation for the battery or on the battery itself; and
• Clarifies that a multiple mode electrical assisted bicycle must meet all the requirements applicable to each respective class of electrical assisted bicycle for which the multiple mode electrical assisted bicycle provides for operation.

Currently, "electrical assisted bicycle" is defined as having to conform to one of 3 classes based on the highest achievable speed and type of motor of the electrical assisted bicycle. The act amends the existing definition of "electrical assisted bicycle" to clarify that the following vehicles are not an electrical assisted bicycle:

• A vehicle that is modified so that it no longer meets the requirements for any electrical assisted bicycle class; or
• A vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured so as not to meet all the requirements of an electrical assisted bicycle class.

The act also defines "multiple mode electrical assisted bicycle" to account for electrical assisted bicycles that are capable of switching between different classes.

(Note: This summary applies to this bill as enacted.)