Sale of Electrical Assisted Bicycles Requirements
House Bill 25-1197 updates Colorado law governing electrical assisted bicycles (e-bikes) sold in the state. It expands labeling and disclosure requirements for sellers, including requiring disclosure of motor wattage, maximum speed, and class designation, and for class 3 or multiple-mode e-bikes, a warning that operation by persons under 16 is unlawful. For multiple-mode e-bikes, the bill requires labels to identify the highest class or classes the bike can operate as, and it clarifies that such bikes must meet the requirements applicable to each class they can perform as.
The bill also targets misrepresentation in the marketplace. It prohibits selling or advertising non-e-bikes as e-bikes, including the use of terms like “electric bike” or “e-bike” without a prominent written disclosure that the vehicle is actually a motor vehicle and may be subject to motor vehicle laws and insurance limitations. Violations of these advertising and labeling rules are treated as deceptive trade practices under the Colorado Consumer Protection Act, and the bill adds a corresponding deceptive trade practice provision to state law.
A major safety component of the bill is its battery standard requirement. It bars the manufacture, sale, lease, or rental of lithium-ion batteries or second-use lithium-ion batteries intended for e-bikes unless they are certified by an accredited testing laboratory under UL 2849, EN 15194, or another standard approved by the Division of Fire Prevention and Control. If certified, the certification or lab identification must be displayed on packaging or directly on the bike or battery at the time of sale, with an exception for secondhand sales and rentals.
The bill amends Colorado’s definitions section to define terms such as “multiple mode electrical assisted bicycle,” “lithium-ion battery,” “second-use lithium-ion battery,” and “accredited testing laboratory,” and it narrows the definition of e-bike to exclude vehicles that are modified or designed to be easily reconfigured so they no longer meet e-bike requirements. The act applies prospectively to conduct occurring on or after its effective date.
Overall sentiment appears generally favorable, with strong committee support and passage through both chambers, though the House and Senate floor votes show some opposition. The main points of contention likely center on the compliance burden for sellers and manufacturers, the reach of the deceptive trade practice provisions, and the battery certification mandate, which could affect e-bike retailers, online marketplaces, and companies selling converted or multi-mode products.
HB1197 amends Colorado Revised Statutes sections 42-4-221, 42-1-102, and 6-1-105 to impose new sale, labeling, disclosure, and battery-safety requirements for electrical assisted bicycles and related batteries. It creates new statutory definitions, expands what must be disclosed to consumers, prohibits false e-bike labeling and misleading advertising, and makes violations of the advertising provisions a deceptive trade practice under the Colorado Consumer Protection Act. The bill also affects manufacturers, distributors, retailers, online sellers, and rental or secondhand markets for e-bikes and lithium-ion batteries.
The bill appears to have broad legislative support, advancing through committee on unanimous or near-unanimous votes and passing both chambers, though not without opposition on the floor. The vote margins suggest general agreement with the consumer-protection and safety goals, while the dissent indicates some lawmakers were concerned about regulatory burden, implementation costs, or the scope of the new restrictions. No committee transcript was provided, so the available record shows support overall with some notable minority resistance.
The likely points of contention are the new compliance obligations for sellers and manufacturers, especially the requirement to disclose technical specifications, warn about age restrictions, and certify lithium-ion batteries through accredited labs. Another area of concern is the prohibition on marketing non-e-bikes with e-bike terminology, which could affect retailers and online marketplaces selling mopeds, scooters, or other motorized vehicles. The treatment of multiple-mode e-bikes and the exclusion of bikes that can be easily reconfigured out of compliance may also raise questions for manufacturers and consumers about product design, enforcement, and whether the bill sweeps too broadly.