Littleton officials are weighing new regulations for electric bicycles as cities and counties across the metro Denver area increasingly grapple with safety concerns involving e-bikes, electric motorcycles and other motorized vehicles that often fall into gray areas of Colorado law.

The proposal comes as a growing number of communities, including Centennial, Aurora and Douglas County, have adopted local ordinances aimed at addressing what officials describe as “gaps” and “loopholes” in state law that have failed to keep pace with the growing trend.

Under Colorado law, e-bikes are divided into three classes based on speed and function. All legally recognized e-bikes must have operational pedals and are subject to specific rules governing where they can be ridden, applicable age restrictions and safety requirements.

Local governments retain authority to adopt additional traffic regulations.

However, officials across the metro area say the vehicles generating the most complaints and safety concerns are often not traditional e-bikes at all.

When Centennial adopted stricter regulations this week, town officials emphasized that many problematic vehicles are legally classified under other categories, including off-highway vehicles and low-powered scooters, rather than e-bikes.

“It’s not necessarily the Class 1, 2 or 3 bikes that are the issue,” Centennial Assistant City Manager Eric Eddy told the council when presenting the ordinance. “It is the things that are not included in the state’s three-category system or regulated in other ways.”

Off-highway vehicles include vehicles such as all-terrain vehicles, dirt bikes and dune buggies, although officials note today’s concerns increasingly revolve around electric versions of those vehicles.

Douglas County officials said those gaps became evident during a recent traffic case involving a teenager operating an off-road vehicle.

“We had a specific incident where a young teen on one of the off-road vehicles was in an accident here in Douglas County,” Douglas County Sheriff’s Cmdr. Alan Stanton told commissioners in June when discussing their ordinance. “We found out through that charging that there was a loophole where the state law does not recognize an OHV under careless driving.”

According to Stanton, current penalties often do little to deter unsafe behavior.

“Off-highway vehicles are not allowed on the roadway at all, ever. They’re off-road only,” Stanton said. “But if you were on the roadway, it is a $50 fine only. That doesn’t change behavior.”

Officials throughout the region have stated that Colorado’s statutory framework has struggled to keep up with a rapidly expanding marketplace where increasingly powerful electric vehicles can be purchased online and operated in neighborhoods, on trails and sometimes on public roadways.

“I think the important factor to push out again is that the law right now in the Colorado state law does not adequately cover the changes in society,” Stanton told commissioners in June. “It is very easy for anyone to pick up items off Amazon and other places and the regulations just have not kept up with the items that are on the roadway.”

In response, local governments have increasingly adopted ordinances intended to supplement state law. These ordinances often feature larger penalties and allow police to hold parents culpable. 

Aurora enacted regulations last year that prohibit dirt bikes and off-highway vehicles throughout the city, including on public property, trails, sidewalks, roadways and parks. The ordinance also allows fines against parents or guardians who knowingly permit minors to operate those vehicles in violation of city rules.

Douglas County adopted similar provisions this year, establishing penalties for careless and reckless driving involving those vehicles. Under county regulations, parents or guardians who allow minors to unlawfully operate low-powered scooters or off-highway vehicles can face fines ranging from $250 to $1,000.

Littleton’s proposal is more narrowly focused on e-bikes, but, according to city documents, the proposal similarly attempts to address gaps in state law. 

If approved, the ordinance would create a new section of city traffic regulations specifically governing electrically assisted bicycles.

Among the most significant changes is a requirement that all e-bike operators, riders and passengers under age 18 wear a helmet meeting certain standards. Helmets would be required to be properly fastened whenever the bicycle is in motion.

Current Colorado law only requires helmets for riders younger than 18 operating Class 3 e-bikes, which can provide pedal assistance up to 28 mph. No statewide helmet requirement currently exists for Class 1 or Class 2 e-bikes, according to Littleton documents.

In addition, parents or legal guardians could be cited if they knowingly allow a minor under 18 to operate an e-bike on public property in violation of city regulations.

The Littleton City Council is expected to review the proposal during next week’s study session. Any ordinance would still require formal introduction, a public hearing and final council approval before taking effect.