CHAPTER 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES
§ 6801. OHV registration -- Required.
(a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has
been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway
except as hereinafter specifically provided. No person shall sell an OHV without furnishing the buyer a bill of sale.
(b) Proof of such registration shall be available for inspection upon demand by any peace, environmental protection or law-enforcement
officer; however, the operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained
under this chapter, such registration having been legally issued at a time prior to the operator's arrest.
(c) Snowmobiles are excluded from this chapter.
61 Del. Laws, c. 142, § 6; 66 Del. Laws, c. 222, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this
title in such form and in such manner as the Department shall prescribe and shall state the name and address of every owner
and be signed by at least 1 owner. Upon receipt of the application and the appropriate fee as provided in § 6803 of this title,
such OHV shall be registered and a registration number decal assigned which shall be affixed to the OHV in such manner as
provided in § 6805 of this title. In the event that an off-highway vehicle sought to be registered or reregistered does not,
after inspection and testing, comply with the provisions respecting equipment established by this chapter or by the regulations
of the Department promulgated pursuant to this chapter, the Department may deny the issuance of a registration certificate.
61 Del. Laws, c. 142, § 6.;
§ 6803. OHV registration -- Fees.
(a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant
to subsection (b) of this section, shall be $6 for 3 years. The fee for a duplicate registration certificate shall be $2.
The fee for a duplicate registration number decal shall be $2. The fee for a transfer of registration certificate shall be
$2. All fees shall be waived for OHVs owned and used by the United States, or other state or of this State or political subdivision
thereof.
(b) OHVs owned by a licensed OHV dealer, as specified in § 6809 of this title, and operated for demonstration or testing purposes
are exempt from a registration fee.
61 Del. Laws, c. 142, § 6.;
§ 6804. OHV registration -- Renewal of registration.
Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon
payment of the same registration fees provided in § 6803 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6805. OHV registration -- Procedure.
(a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant
a registration certificate stating the registration number, the name and address of the owner and such other information as
the Department deems necessary. The Department shall also issue 1 registration number decal per OHV. Such number decal shall
contain reference to the State and the registration number and shall be of such size and displayed in such manner as prescribed
by the Department. Records of the Department made or kept pursuant to this chapter shall be public records except as otherwise
provided.
(b) Upon receipt of the required fee and an application form prescribed by it, the Department shall issue to the applying
dealer or manufacturer 10 registration number decals with additional decals being available for a fee of $2 per decal.
(c) If a registration certificate or decal is lost or destroyed, the owner may apply for a duplicate on forms provided for
by the Department accompanied by a fee of $2. Upon receipt of a proper application and the required fee, the Department shall
issue a duplicate registration certificate or number decal to the owner.
61 Del. Laws, c. 142, § 6.;
§ 6806. Surrender of registration certificate.
(a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an
interest therein transferred either wholly or in part to another person or if the owner's address no longer conforms to the
address appearing on the registration certificate. The notice shall consist of a surrender of the registration certificate
on which the proper information shall be noted or written notice to the Department that the registration certificate has been
stolen.
(b) When surrender of the certificate is because the OHV has been destroyed or abandoned or has been stolen, the Department
shall cancel the certificate and enter such fact in its records. If the surrender is because of a change of address of the
owner, the new address shall be recorded by the Department and a registration certificate bearing such information shall be
returned to the owner. The transferee of a vehicle registered under this chapter, within 15 days after acquiring it, shall
apply to the Department for transfer to the transferee of the registration certificate issued to the OHV, giving the transferee's
name, address and the number of the vehicle and pay the Department a fee of $2. Upon receipt of the application and fee, the
Department shall transfer the registration certificate issued for the OHV to the new owner. Unless the application is made
and the fee paid within 15 days, the vehicle shall be deemed to be without a registration certificate and no person shall
operate the OHV until a certificate is issued.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6807. Out-of-state OHV registration.
The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated
by a resident of a state or county where registration is not required. The fee for this decal shall be $6.
61 Del. Laws, c. 142, § 6.;
§ 6808. Age requirements.
No application for an original certificate of registration shall be accepted by the Department from any person under 18 years
of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.
61 Del. Laws, c. 142, § 6.;
§ 6809. OHV dealer license required.
OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations
as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for 3 years.
OHV dealer licenses are not transferable and may be revoked for violation of such rules and regulations as may be specified
for that privilege. OHV dealers shall be required to carry personal liability insurance in an amount at least equal to that
required of dealers under no-fault insurance provisions or as otherwise specified by the Department.
61 Del. Laws, c. 142, § 6.;
§ 6810. Exceptions and exemptions to OHV registration.
(a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions
of this chapter.
(b) Registration is not required for an OHV which is operated exclusively in a special event upon a special area location
of limited duration which is conducted according to a prearranged schedule under a permit from the governmental unit having
jurisdiction.
(c) No registration hereunder shall be required for the following described off-highway vehicles:
(1) OHVs covered by a valid registration of another state or country and which have not been within this State for more than
15 consecutive days.
(2) OHVs being operated by a resident of a state or country which does not require off-highway vehicle registration and which
have been issued a 1-year permit sticker as provided for in § 6807 of this title.
61 Del. Laws, c. 142, § 6.;
§ 6811. Vehicle identification number.
(a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body
members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identification
number shall be entered on the registration certificate issued by the Department to the OHV owner.
(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable
by the penalties in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 63; 76 Del. Laws, c. 295, § 1.;
§ 6812. Special vehicles.
The owner of a specially constructed or reconstructed OHV may make application, accompanied by the required fees, in such
form as may be prescribed by the Department, for a special vehicle identifying number. The owner shall furnish such information
as will satisfy the Department that the person is the owner, whereupon the Department shall assign a special vehicle identification
number for the vehicle. The owner shall cause said number to be affixed as directed by the Department. Such special number
shall be regarded as the permanent vehicle identification number of said vehicle.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs.
(a) A dealer shall maintain in safe operating condition an OHV offered for rent or lease by the dealer. The dealer, the dealer's
agents or employees shall explain the operation of the OHV being rented or leased and if the dealer, the dealer's agent or
employee believes that person to whom the OHV is to be rented or leased is not competent to operate the OHV with personal
safety or safety to others, the dealer shall refuse to rent or lease such OHV.
(b) The Department shall require such insurance and compliance with such additional rules and regulations regarding rental
or lease of OHVs as it may deem necessary.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6814. Operation of OHVs -- Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.
(a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State
except under the following conditions:
(1) An OHV may be pushed across or along such public way provided such OHV is in neutral or that the power train is otherwise
disengaged, and further provided that such use shall be in conformance with Chapter 41 of this title.
(2) An OHV may be operated on a street or highway located within this State for a special event of limited duration, conducted
according to a prearranged schedule only under permit from the governmental unit having jurisdiction.
(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties
in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 65 Del. Laws, c. 112, §§ 1, 2; 65 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 2.;
§ 6815. Operation of OHVs -- Excessive rate of speed.
A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
61 Del. Laws, c. 142, § 6.;
§ 6816. Operation of OHVs -- While under the influence of intoxicating liquor or controlled substances.
A person shall not operate an OHV while under the influence of intoxicating liquor or controlled substances as defined in
§ 4177 of this title. A violation of this section shall be an unclassified misdemeanor with the penalties set forth in § 6831
of this title.
61 Del. Laws, c. 142, § 6; 77 Del. Laws, c. 60, § 17.;
§ 6817. Operation of OHVs -- Without lights.
A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and
lighted taillight.
61 Del. Laws, c. 142, § 6.;
§ 6818. Operation of OHVs -- Without brakes.
A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement
of and to stop and to hold such OHV.
61 Del. Laws, c. 142, § 6.;
§ 6819. Operation of OHVs -- In a manner causing damage or disturbance.
(a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative
resources, or endanger, disturb or annoy other persons or property. Disturbance or annoyance of other persons shall be presumed
if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining
party. However, nothing in this subsection shall be construed as prohibiting the operation of OHV's at a race track designed
for the lawful racing of said vehicles.
(b) The operator of the OHV shall be held liable for any damage to private property, including, but not limited to, damage
to trees, shrubs or growing crops, injury to living creatures or damage through OHV operation in a manner so as to maliciously
create erosive or other ecological damage to private property. However, if the operator is a minor, the parents or legal guardian
of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability,
caused by the minor in the operation of the OHV.
(c) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 424, § 1; 69 Del. Laws, c. 219, §§ 1, 2.;
§ 6820. Operation of OHVs -- Without spark arrestor type muffler.
(a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order
and in constant operation, from which noise emission under 60% of the maximum RPM, measured at 50 feet at right angles from
the vehicle path on a constant speed pass, by measurement does not exceed 88 DBA on a sound level meter which meets the requirements
of ANSI-514197, using procedure and ancillary equipment therein described. During the test procedure, the ambient sound including
wind effects due to sources other than the OHV being measured shall be at least 10 DBA lower than the anticipated level of
the test OHV. A vehicle subject to this chapter, manufactured or assembled after January 1, 1978, and used, sold or offered
for sale in this State shall conform to the noise emission levels of this chapter unless preempted by federal E.P.A. legislation.
(b) Competition vehicles shall be exempted from this section only while in competition.
61 Del. Laws, c. 142, § 6.;
§ 6821. Operation of OHVs -- On property.
(a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission
of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in
control of the property.
(b) Penalties. --
(1) A person who violates subsection (a) of this section shall be subject to the following penalties:
a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may
be suspended by the court.
b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days
from date of conviction. A subsequent offense, before being punishable as such, shall have been committed within 24 months
after commission of the first offense.
c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV
owner or, if the fine is appealed, once the owner has complied with the court's decision or the court decides the owner and/or
operator is not guilty of the offense under subsection (a) of this section. The owner will not be responsible for impoundment
costs if found not guilty by the court.
(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation
of this section.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 305, § 1.;
§ 6822. Operation of OHVs -- In violation of traffic controllers or traffic-control devices.
A person shall not operate an OHV in violation of instructions of any person authorized to direct, control or regulate traffic
or in violation of any official traffic-control device applicable thereto.
61 Del. Laws, c. 142, § 6.;
§ 6823. Operation of OHVs -- Helmets.
A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet
on their heads, with the chin straps properly fastened, meeting American National Standards Institute (ANSI) Z-90.1, 1966-1971
specifications or specifications as may be subsequently revised by the American National Standards Institute.
61 Del. Laws, c. 142, § 6.;
§ 6824. Operation of OHVs -- By minors, incompetent persons or persons under mental or physical disabilities.
(a) A person less than 12 years of age may operate an OHV only if:
(1) The person is under the direct supervision of a person who is at least 18 years of age; or
(2) The person is on land owned by or under the control of the person's parent or legal guardian.
(b) Persons 12 years of age and older may operate an OHV without adult supervision provided such use is in compliance with
all other provisions of this chapter.
(c) A parent or legal guardian shall not permit a child under the age of 12 to operate an OHV except under the direct supervision
of an adult.
(d) The owner of an OHV shall not permit:
(1) The vehicle to be operated by a person under the age of 12 except under direct adult supervision.
(2) The vehicle to be operated by a person who is incompetent to operate such vehicle because of mental or physical disability
or because of being under the influence of intoxicating liquor or controlled substance as defined by § 4177 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6825. Identification of persons operating OHVs upon public or private property.
Any person operating an OHV upon public or private property shall stop and give identification upon the request of the person
in control of the property and shall promptly comply with such restriction as may be imposed or remove the OHV from the premises
if requested to do so.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6826. Safety education program.
(a) The Department shall implement a comprehensive OHV information and safety education program which shall include the preparation
and dissemination of information and safety advice to the public.
(b) In implementing a program which is established pursuant to this section, the Department shall cooperate with private organizations
and associations, private and public corporations, the Department of Education, state and local parks and recreation departments,
local governmental units and local and county law-enforcement agencies.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 65, § 27.;
§ 6827. Accidents.
(a) The operator of an OHV involved in an accident resulting in an injury to another person or in a death shall immediately
report such accident by the quickest available means of communication, to a State Police officer or the local law-enforcement
officer for New Castle County or the municipality wherein the accident occurred.
(b) The operator of an OHV involved in an accident resulting in damage to private property, except that of the operator, shall
notify the owner of said property within 48 hours of the occurrence of such accident.
(c) Accidents resulting only in injury to the operator and/or damage to the operator's personal equipment need not be reported.
(d) The operator of an OHV involved in an accident upon either public or private property, resulting in injury to or death
of any person, shall immediately stop and remain at the scene of such accident and shall render to any person injured in the
accident reasonable assistance in securing medical aid or transportation for the injured person or persons.
(e) This section shall not apply to accidents involving competition vehicles damaged while engaging in special or competition
events.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6828. Enforcement of chapter.
Any peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce
this chapter.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6829. Registration numbers or numbered decals as prima facie evidence.
In a proceeding for a violation of this chapter involving prohibited operation and conduct, the registration number or numbered
decal displayed on an OHV shall constitute prima facie evidence that the owner of the vehicle was the person operating the
vehicle at the time of the offense, unless the OHV committing the violation was in fact a stolen vehicle at the time of the
violation.
61 Del. Laws, c. 142, § 6.;
§ 6830. Unlawful for operators of OHVs to disobey command to stop.
It shall be unlawful for any operator of an OHV to willfully disobey a signal to bring such OHV to a stop when such signal
is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed police, peace or environmental
protection officer acting in the lawful performance of duty. A violation of this section shall be an unclassified misdemeanor
with the penalties set forth in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 18.;
§ 6831. Penalties.
A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise
provided for in this chapter.
(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the
time of conviction.
(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway
vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6
months, at the expense of the owner, of the OHV at the time of conviction.
(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting
in the lawful performance of duty may have an OHV towed and impounded if that law-enforcement officer has probable cause to
believe that the OHV was used in violation of this chapter.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 62; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 3.;
§ 6832. Jurisdiction.
The Courts of the Justices of the Peace shall have jurisdiction over violations of this chapter except that the Family Court
shall have jurisdiction over violations of this chapter when such violation is committed by any person under the age of 18
years of age.
61 Del. Laws, c. 142, § 6.;
§ 6833. Conflicts with other statutes.
Should any provision of this chapter conflict with other statutes, the provisions or requirements of this chapter shall apply.
61 Del. Laws, c. 142, § 6.;
§ 6834. Rules and regulations.
The Secretary of Transportation may adopt and enforce such rules and regulations concerning off-highway vehicles and designate
such agencies as may be necessary to carry out this chapter, provided such rules and regulations are not contrary to this
chapter.
61 Del. Laws, c. 142, § 6; 74 Del. Laws, c. 110, § 113.;
CHAPTER 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES
§ 6801. OHV registration -- Required.
(a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has
been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway
except as hereinafter specifically provided. No person shall sell an OHV without furnishing the buyer a bill of sale.
(b) Proof of such registration shall be available for inspection upon demand by any peace, environmental protection or law-enforcement
officer; however, the operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained
under this chapter, such registration having been legally issued at a time prior to the operator's arrest.
(c) Snowmobiles are excluded from this chapter.
61 Del. Laws, c. 142, § 6; 66 Del. Laws, c. 222, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this
title in such form and in such manner as the Department shall prescribe and shall state the name and address of every owner
and be signed by at least 1 owner. Upon receipt of the application and the appropriate fee as provided in § 6803 of this title,
such OHV shall be registered and a registration number decal assigned which shall be affixed to the OHV in such manner as
provided in § 6805 of this title. In the event that an off-highway vehicle sought to be registered or reregistered does not,
after inspection and testing, comply with the provisions respecting equipment established by this chapter or by the regulations
of the Department promulgated pursuant to this chapter, the Department may deny the issuance of a registration certificate.
61 Del. Laws, c. 142, § 6.;
§ 6803. OHV registration -- Fees.
(a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant
to subsection (b) of this section, shall be $6 for 3 years. The fee for a duplicate registration certificate shall be $2.
The fee for a duplicate registration number decal shall be $2. The fee for a transfer of registration certificate shall be
$2. All fees shall be waived for OHVs owned and used by the United States, or other state or of this State or political subdivision
thereof.
(b) OHVs owned by a licensed OHV dealer, as specified in § 6809 of this title, and operated for demonstration or testing purposes
are exempt from a registration fee.
61 Del. Laws, c. 142, § 6.;
§ 6804. OHV registration -- Renewal of registration.
Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon
payment of the same registration fees provided in § 6803 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6805. OHV registration -- Procedure.
(a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant
a registration certificate stating the registration number, the name and address of the owner and such other information as
the Department deems necessary. The Department shall also issue 1 registration number decal per OHV. Such number decal shall
contain reference to the State and the registration number and shall be of such size and displayed in such manner as prescribed
by the Department. Records of the Department made or kept pursuant to this chapter shall be public records except as otherwise
provided.
(b) Upon receipt of the required fee and an application form prescribed by it, the Department shall issue to the applying
dealer or manufacturer 10 registration number decals with additional decals being available for a fee of $2 per decal.
(c) If a registration certificate or decal is lost or destroyed, the owner may apply for a duplicate on forms provided for
by the Department accompanied by a fee of $2. Upon receipt of a proper application and the required fee, the Department shall
issue a duplicate registration certificate or number decal to the owner.
61 Del. Laws, c. 142, § 6.;
§ 6806. Surrender of registration certificate.
(a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an
interest therein transferred either wholly or in part to another person or if the owner's address no longer conforms to the
address appearing on the registration certificate. The notice shall consist of a surrender of the registration certificate
on which the proper information shall be noted or written notice to the Department that the registration certificate has been
stolen.
(b) When surrender of the certificate is because the OHV has been destroyed or abandoned or has been stolen, the Department
shall cancel the certificate and enter such fact in its records. If the surrender is because of a change of address of the
owner, the new address shall be recorded by the Department and a registration certificate bearing such information shall be
returned to the owner. The transferee of a vehicle registered under this chapter, within 15 days after acquiring it, shall
apply to the Department for transfer to the transferee of the registration certificate issued to the OHV, giving the transferee's
name, address and the number of the vehicle and pay the Department a fee of $2. Upon receipt of the application and fee, the
Department shall transfer the registration certificate issued for the OHV to the new owner. Unless the application is made
and the fee paid within 15 days, the vehicle shall be deemed to be without a registration certificate and no person shall
operate the OHV until a certificate is issued.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6807. Out-of-state OHV registration.
The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated
by a resident of a state or county where registration is not required. The fee for this decal shall be $6.
61 Del. Laws, c. 142, § 6.;
§ 6808. Age requirements.
No application for an original certificate of registration shall be accepted by the Department from any person under 18 years
of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.
61 Del. Laws, c. 142, § 6.;
§ 6809. OHV dealer license required.
OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations
as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for 3 years.
OHV dealer licenses are not transferable and may be revoked for violation of such rules and regulations as may be specified
for that privilege. OHV dealers shall be required to carry personal liability insurance in an amount at least equal to that
required of dealers under no-fault insurance provisions or as otherwise specified by the Department.
61 Del. Laws, c. 142, § 6.;
§ 6810. Exceptions and exemptions to OHV registration.
(a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions
of this chapter.
(b) Registration is not required for an OHV which is operated exclusively in a special event upon a special area location
of limited duration which is conducted according to a prearranged schedule under a permit from the governmental unit having
jurisdiction.
(c) No registration hereunder shall be required for the following described off-highway vehicles:
(1) OHVs covered by a valid registration of another state or country and which have not been within this State for more than
15 consecutive days.
(2) OHVs being operated by a resident of a state or country which does not require off-highway vehicle registration and which
have been issued a 1-year permit sticker as provided for in § 6807 of this title.
61 Del. Laws, c. 142, § 6.;
§ 6811. Vehicle identification number.
(a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body
members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identification
number shall be entered on the registration certificate issued by the Department to the OHV owner.
(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable
by the penalties in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 63; 76 Del. Laws, c. 295, § 1.;
§ 6812. Special vehicles.
The owner of a specially constructed or reconstructed OHV may make application, accompanied by the required fees, in such
form as may be prescribed by the Department, for a special vehicle identifying number. The owner shall furnish such information
as will satisfy the Department that the person is the owner, whereupon the Department shall assign a special vehicle identification
number for the vehicle. The owner shall cause said number to be affixed as directed by the Department. Such special number
shall be regarded as the permanent vehicle identification number of said vehicle.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs.
(a) A dealer shall maintain in safe operating condition an OHV offered for rent or lease by the dealer. The dealer, the dealer's
agents or employees shall explain the operation of the OHV being rented or leased and if the dealer, the dealer's agent or
employee believes that person to whom the OHV is to be rented or leased is not competent to operate the OHV with personal
safety or safety to others, the dealer shall refuse to rent or lease such OHV.
(b) The Department shall require such insurance and compliance with such additional rules and regulations regarding rental
or lease of OHVs as it may deem necessary.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6814. Operation of OHVs -- Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.
(a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State
except under the following conditions:
(1) An OHV may be pushed across or along such public way provided such OHV is in neutral or that the power train is otherwise
disengaged, and further provided that such use shall be in conformance with Chapter 41 of this title.
(2) An OHV may be operated on a street or highway located within this State for a special event of limited duration, conducted
according to a prearranged schedule only under permit from the governmental unit having jurisdiction.
(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties
in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 65 Del. Laws, c. 112, §§ 1, 2; 65 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 2.;
§ 6815. Operation of OHVs -- Excessive rate of speed.
A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
61 Del. Laws, c. 142, § 6.;
§ 6816. Operation of OHVs -- While under the influence of intoxicating liquor or controlled substances.
A person shall not operate an OHV while under the influence of intoxicating liquor or controlled substances as defined in
§ 4177 of this title. A violation of this section shall be an unclassified misdemeanor with the penalties set forth in § 6831
of this title.
61 Del. Laws, c. 142, § 6; 77 Del. Laws, c. 60, § 17.;
§ 6817. Operation of OHVs -- Without lights.
A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and
lighted taillight.
61 Del. Laws, c. 142, § 6.;
§ 6818. Operation of OHVs -- Without brakes.
A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement
of and to stop and to hold such OHV.
61 Del. Laws, c. 142, § 6.;
§ 6819. Operation of OHVs -- In a manner causing damage or disturbance.
(a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative
resources, or endanger, disturb or annoy other persons or property. Disturbance or annoyance of other persons shall be presumed
if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining
party. However, nothing in this subsection shall be construed as prohibiting the operation of OHV's at a race track designed
for the lawful racing of said vehicles.
(b) The operator of the OHV shall be held liable for any damage to private property, including, but not limited to, damage
to trees, shrubs or growing crops, injury to living creatures or damage through OHV operation in a manner so as to maliciously
create erosive or other ecological damage to private property. However, if the operator is a minor, the parents or legal guardian
of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability,
caused by the minor in the operation of the OHV.
(c) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 424, § 1; 69 Del. Laws, c. 219, §§ 1, 2.;
§ 6820. Operation of OHVs -- Without spark arrestor type muffler.
(a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order
and in constant operation, from which noise emission under 60% of the maximum RPM, measured at 50 feet at right angles from
the vehicle path on a constant speed pass, by measurement does not exceed 88 DBA on a sound level meter which meets the requirements
of ANSI-514197, using procedure and ancillary equipment therein described. During the test procedure, the ambient sound including
wind effects due to sources other than the OHV being measured shall be at least 10 DBA lower than the anticipated level of
the test OHV. A vehicle subject to this chapter, manufactured or assembled after January 1, 1978, and used, sold or offered
for sale in this State shall conform to the noise emission levels of this chapter unless preempted by federal E.P.A. legislation.
(b) Competition vehicles shall be exempted from this section only while in competition.
61 Del. Laws, c. 142, § 6.;
§ 6821. Operation of OHVs -- On property.
(a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission
of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in
control of the property.
(b) Penalties. --
(1) A person who violates subsection (a) of this section shall be subject to the following penalties:
a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may
be suspended by the court.
b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days
from date of conviction. A subsequent offense, before being punishable as such, shall have been committed within 24 months
after commission of the first offense.
c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV
owner or, if the fine is appealed, once the owner has complied with the court's decision or the court decides the owner and/or
operator is not guilty of the offense under subsection (a) of this section. The owner will not be responsible for impoundment
costs if found not guilty by the court.
(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation
of this section.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 305, § 1.;
§ 6822. Operation of OHVs -- In violation of traffic controllers or traffic-control devices.
A person shall not operate an OHV in violation of instructions of any person authorized to direct, control or regulate traffic
or in violation of any official traffic-control device applicable thereto.
61 Del. Laws, c. 142, § 6.;
§ 6823. Operation of OHVs -- Helmets.
A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet
on their heads, with the chin straps properly fastened, meeting American National Standards Institute (ANSI) Z-90.1, 1966-1971
specifications or specifications as may be subsequently revised by the American National Standards Institute.
61 Del. Laws, c. 142, § 6.;
§ 6824. Operation of OHVs -- By minors, incompetent persons or persons under mental or physical disabilities.
(a) A person less than 12 years of age may operate an OHV only if:
(1) The person is under the direct supervision of a person who is at least 18 years of age; or
(2) The person is on land owned by or under the control of the person's parent or legal guardian.
(b) Persons 12 years of age and older may operate an OHV without adult supervision provided such use is in compliance with
all other provisions of this chapter.
(c) A parent or legal guardian shall not permit a child under the age of 12 to operate an OHV except under the direct supervision
of an adult.
(d) The owner of an OHV shall not permit:
(1) The vehicle to be operated by a person under the age of 12 except under direct adult supervision.
(2) The vehicle to be operated by a person who is incompetent to operate such vehicle because of mental or physical disability
or because of being under the influence of intoxicating liquor or controlled substance as defined by § 4177 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6825. Identification of persons operating OHVs upon public or private property.
Any person operating an OHV upon public or private property shall stop and give identification upon the request of the person
in control of the property and shall promptly comply with such restriction as may be imposed or remove the OHV from the premises
if requested to do so.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6826. Safety education program.
(a) The Department shall implement a comprehensive OHV information and safety education program which shall include the preparation
and dissemination of information and safety advice to the public.
(b) In implementing a program which is established pursuant to this section, the Department shall cooperate with private organizations
and associations, private and public corporations, the Department of Education, state and local parks and recreation departments,
local governmental units and local and county law-enforcement agencies.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 65, § 27.;
§ 6827. Accidents.
(a) The operator of an OHV involved in an accident resulting in an injury to another person or in a death shall immediately
report such accident by the quickest available means of communication, to a State Police officer or the local law-enforcement
officer for New Castle County or the municipality wherein the accident occurred.
(b) The operator of an OHV involved in an accident resulting in damage to private property, except that of the operator, shall
notify the owner of said property within 48 hours of the occurrence of such accident.
(c) Accidents resulting only in injury to the operator and/or damage to the operator's personal equipment need not be reported.
(d) The operator of an OHV involved in an accident upon either public or private property, resulting in injury to or death
of any person, shall immediately stop and remain at the scene of such accident and shall render to any person injured in the
accident reasonable assistance in securing medical aid or transportation for the injured person or persons.
(e) This section shall not apply to accidents involving competition vehicles damaged while engaging in special or competition
events.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6828. Enforcement of chapter.
Any peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce
this chapter.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6829. Registration numbers or numbered decals as prima facie evidence.
In a proceeding for a violation of this chapter involving prohibited operation and conduct, the registration number or numbered
decal displayed on an OHV shall constitute prima facie evidence that the owner of the vehicle was the person operating the
vehicle at the time of the offense, unless the OHV committing the violation was in fact a stolen vehicle at the time of the
violation.
61 Del. Laws, c. 142, § 6.;
§ 6830. Unlawful for operators of OHVs to disobey command to stop.
It shall be unlawful for any operator of an OHV to willfully disobey a signal to bring such OHV to a stop when such signal
is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed police, peace or environmental
protection officer acting in the lawful performance of duty. A violation of this section shall be an unclassified misdemeanor
with the penalties set forth in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 18.;
§ 6831. Penalties.
A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise
provided for in this chapter.
(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the
time of conviction.
(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway
vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6
months, at the expense of the owner, of the OHV at the time of conviction.
(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting
in the lawful performance of duty may have an OHV towed and impounded if that law-enforcement officer has probable cause to
believe that the OHV was used in violation of this chapter.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 62; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 3.;
§ 6832. Jurisdiction.
The Courts of the Justices of the Peace shall have jurisdiction over violations of this chapter except that the Family Court
shall have jurisdiction over violations of this chapter when such violation is committed by any person under the age of 18
years of age.
61 Del. Laws, c. 142, § 6.;
§ 6833. Conflicts with other statutes.
Should any provision of this chapter conflict with other statutes, the provisions or requirements of this chapter shall apply.
61 Del. Laws, c. 142, § 6.;
§ 6834. Rules and regulations.
The Secretary of Transportation may adopt and enforce such rules and regulations concerning off-highway vehicles and designate
such agencies as may be necessary to carry out this chapter, provided such rules and regulations are not contrary to this
chapter.
61 Del. Laws, c. 142, § 6; 74 Del. Laws, c. 110, § 113.;
CHAPTER 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES
§ 6801. OHV registration -- Required.
(a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has
been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway
except as hereinafter specifically provided. No person shall sell an OHV without furnishing the buyer a bill of sale.
(b) Proof of such registration shall be available for inspection upon demand by any peace, environmental protection or law-enforcement
officer; however, the operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained
under this chapter, such registration having been legally issued at a time prior to the operator's arrest.
(c) Snowmobiles are excluded from this chapter.
61 Del. Laws, c. 142, § 6; 66 Del. Laws, c. 222, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this
title in such form and in such manner as the Department shall prescribe and shall state the name and address of every owner
and be signed by at least 1 owner. Upon receipt of the application and the appropriate fee as provided in § 6803 of this title,
such OHV shall be registered and a registration number decal assigned which shall be affixed to the OHV in such manner as
provided in § 6805 of this title. In the event that an off-highway vehicle sought to be registered or reregistered does not,
after inspection and testing, comply with the provisions respecting equipment established by this chapter or by the regulations
of the Department promulgated pursuant to this chapter, the Department may deny the issuance of a registration certificate.
61 Del. Laws, c. 142, § 6.;
§ 6803. OHV registration -- Fees.
(a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant
to subsection (b) of this section, shall be $6 for 3 years. The fee for a duplicate registration certificate shall be $2.
The fee for a duplicate registration number decal shall be $2. The fee for a transfer of registration certificate shall be
$2. All fees shall be waived for OHVs owned and used by the United States, or other state or of this State or political subdivision
thereof.
(b) OHVs owned by a licensed OHV dealer, as specified in § 6809 of this title, and operated for demonstration or testing purposes
are exempt from a registration fee.
61 Del. Laws, c. 142, § 6.;
§ 6804. OHV registration -- Renewal of registration.
Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon
payment of the same registration fees provided in § 6803 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6805. OHV registration -- Procedure.
(a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant
a registration certificate stating the registration number, the name and address of the owner and such other information as
the Department deems necessary. The Department shall also issue 1 registration number decal per OHV. Such number decal shall
contain reference to the State and the registration number and shall be of such size and displayed in such manner as prescribed
by the Department. Records of the Department made or kept pursuant to this chapter shall be public records except as otherwise
provided.
(b) Upon receipt of the required fee and an application form prescribed by it, the Department shall issue to the applying
dealer or manufacturer 10 registration number decals with additional decals being available for a fee of $2 per decal.
(c) If a registration certificate or decal is lost or destroyed, the owner may apply for a duplicate on forms provided for
by the Department accompanied by a fee of $2. Upon receipt of a proper application and the required fee, the Department shall
issue a duplicate registration certificate or number decal to the owner.
61 Del. Laws, c. 142, § 6.;
§ 6806. Surrender of registration certificate.
(a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an
interest therein transferred either wholly or in part to another person or if the owner's address no longer conforms to the
address appearing on the registration certificate. The notice shall consist of a surrender of the registration certificate
on which the proper information shall be noted or written notice to the Department that the registration certificate has been
stolen.
(b) When surrender of the certificate is because the OHV has been destroyed or abandoned or has been stolen, the Department
shall cancel the certificate and enter such fact in its records. If the surrender is because of a change of address of the
owner, the new address shall be recorded by the Department and a registration certificate bearing such information shall be
returned to the owner. The transferee of a vehicle registered under this chapter, within 15 days after acquiring it, shall
apply to the Department for transfer to the transferee of the registration certificate issued to the OHV, giving the transferee's
name, address and the number of the vehicle and pay the Department a fee of $2. Upon receipt of the application and fee, the
Department shall transfer the registration certificate issued for the OHV to the new owner. Unless the application is made
and the fee paid within 15 days, the vehicle shall be deemed to be without a registration certificate and no person shall
operate the OHV until a certificate is issued.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6807. Out-of-state OHV registration.
The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated
by a resident of a state or county where registration is not required. The fee for this decal shall be $6.
61 Del. Laws, c. 142, § 6.;
§ 6808. Age requirements.
No application for an original certificate of registration shall be accepted by the Department from any person under 18 years
of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.
61 Del. Laws, c. 142, § 6.;
§ 6809. OHV dealer license required.
OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations
as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for 3 years.
OHV dealer licenses are not transferable and may be revoked for violation of such rules and regulations as may be specified
for that privilege. OHV dealers shall be required to carry personal liability insurance in an amount at least equal to that
required of dealers under no-fault insurance provisions or as otherwise specified by the Department.
61 Del. Laws, c. 142, § 6.;
§ 6810. Exceptions and exemptions to OHV registration.
(a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions
of this chapter.
(b) Registration is not required for an OHV which is operated exclusively in a special event upon a special area location
of limited duration which is conducted according to a prearranged schedule under a permit from the governmental unit having
jurisdiction.
(c) No registration hereunder shall be required for the following described off-highway vehicles:
(1) OHVs covered by a valid registration of another state or country and which have not been within this State for more than
15 consecutive days.
(2) OHVs being operated by a resident of a state or country which does not require off-highway vehicle registration and which
have been issued a 1-year permit sticker as provided for in § 6807 of this title.
61 Del. Laws, c. 142, § 6.;
§ 6811. Vehicle identification number.
(a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body
members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identification
number shall be entered on the registration certificate issued by the Department to the OHV owner.
(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable
by the penalties in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 63; 76 Del. Laws, c. 295, § 1.;
§ 6812. Special vehicles.
The owner of a specially constructed or reconstructed OHV may make application, accompanied by the required fees, in such
form as may be prescribed by the Department, for a special vehicle identifying number. The owner shall furnish such information
as will satisfy the Department that the person is the owner, whereupon the Department shall assign a special vehicle identification
number for the vehicle. The owner shall cause said number to be affixed as directed by the Department. Such special number
shall be regarded as the permanent vehicle identification number of said vehicle.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs.
(a) A dealer shall maintain in safe operating condition an OHV offered for rent or lease by the dealer. The dealer, the dealer's
agents or employees shall explain the operation of the OHV being rented or leased and if the dealer, the dealer's agent or
employee believes that person to whom the OHV is to be rented or leased is not competent to operate the OHV with personal
safety or safety to others, the dealer shall refuse to rent or lease such OHV.
(b) The Department shall require such insurance and compliance with such additional rules and regulations regarding rental
or lease of OHVs as it may deem necessary.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6814. Operation of OHVs -- Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.
(a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State
except under the following conditions:
(1) An OHV may be pushed across or along such public way provided such OHV is in neutral or that the power train is otherwise
disengaged, and further provided that such use shall be in conformance with Chapter 41 of this title.
(2) An OHV may be operated on a street or highway located within this State for a special event of limited duration, conducted
according to a prearranged schedule only under permit from the governmental unit having jurisdiction.
(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties
in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 65 Del. Laws, c. 112, §§ 1, 2; 65 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 2.;
§ 6815. Operation of OHVs -- Excessive rate of speed.
A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
61 Del. Laws, c. 142, § 6.;
§ 6816. Operation of OHVs -- While under the influence of intoxicating liquor or controlled substances.
A person shall not operate an OHV while under the influence of intoxicating liquor or controlled substances as defined in
§ 4177 of this title. A violation of this section shall be an unclassified misdemeanor with the penalties set forth in § 6831
of this title.
61 Del. Laws, c. 142, § 6; 77 Del. Laws, c. 60, § 17.;
§ 6817. Operation of OHVs -- Without lights.
A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and
lighted taillight.
61 Del. Laws, c. 142, § 6.;
§ 6818. Operation of OHVs -- Without brakes.
A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement
of and to stop and to hold such OHV.
61 Del. Laws, c. 142, § 6.;
§ 6819. Operation of OHVs -- In a manner causing damage or disturbance.
(a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative
resources, or endanger, disturb or annoy other persons or property. Disturbance or annoyance of other persons shall be presumed
if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining
party. However, nothing in this subsection shall be construed as prohibiting the operation of OHV's at a race track designed
for the lawful racing of said vehicles.
(b) The operator of the OHV shall be held liable for any damage to private property, including, but not limited to, damage
to trees, shrubs or growing crops, injury to living creatures or damage through OHV operation in a manner so as to maliciously
create erosive or other ecological damage to private property. However, if the operator is a minor, the parents or legal guardian
of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability,
caused by the minor in the operation of the OHV.
(c) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 424, § 1; 69 Del. Laws, c. 219, §§ 1, 2.;
§ 6820. Operation of OHVs -- Without spark arrestor type muffler.
(a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order
and in constant operation, from which noise emission under 60% of the maximum RPM, measured at 50 feet at right angles from
the vehicle path on a constant speed pass, by measurement does not exceed 88 DBA on a sound level meter which meets the requirements
of ANSI-514197, using procedure and ancillary equipment therein described. During the test procedure, the ambient sound including
wind effects due to sources other than the OHV being measured shall be at least 10 DBA lower than the anticipated level of
the test OHV. A vehicle subject to this chapter, manufactured or assembled after January 1, 1978, and used, sold or offered
for sale in this State shall conform to the noise emission levels of this chapter unless preempted by federal E.P.A. legislation.
(b) Competition vehicles shall be exempted from this section only while in competition.
61 Del. Laws, c. 142, § 6.;
§ 6821. Operation of OHVs -- On property.
(a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission
of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in
control of the property.
(b) Penalties. --
(1) A person who violates subsection (a) of this section shall be subject to the following penalties:
a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may
be suspended by the court.
b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days
from date of conviction. A subsequent offense, before being punishable as such, shall have been committed within 24 months
after commission of the first offense.
c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV
owner or, if the fine is appealed, once the owner has complied with the court's decision or the court decides the owner and/or
operator is not guilty of the offense under subsection (a) of this section. The owner will not be responsible for impoundment
costs if found not guilty by the court.
(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation
of this section.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 305, § 1.;
§ 6822. Operation of OHVs -- In violation of traffic controllers or traffic-control devices.
A person shall not operate an OHV in violation of instructions of any person authorized to direct, control or regulate traffic
or in violation of any official traffic-control device applicable thereto.
61 Del. Laws, c. 142, § 6.;
§ 6823. Operation of OHVs -- Helmets.
A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet
on their heads, with the chin straps properly fastened, meeting American National Standards Institute (ANSI) Z-90.1, 1966-1971
specifications or specifications as may be subsequently revised by the American National Standards Institute.
61 Del. Laws, c. 142, § 6.;
§ 6824. Operation of OHVs -- By minors, incompetent persons or persons under mental or physical disabilities.
(a) A person less than 12 years of age may operate an OHV only if:
(1) The person is under the direct supervision of a person who is at least 18 years of age; or
(2) The person is on land owned by or under the control of the person's parent or legal guardian.
(b) Persons 12 years of age and older may operate an OHV without adult supervision provided such use is in compliance with
all other provisions of this chapter.
(c) A parent or legal guardian shall not permit a child under the age of 12 to operate an OHV except under the direct supervision
of an adult.
(d) The owner of an OHV shall not permit:
(1) The vehicle to be operated by a person under the age of 12 except under direct adult supervision.
(2) The vehicle to be operated by a person who is incompetent to operate such vehicle because of mental or physical disability
or because of being under the influence of intoxicating liquor or controlled substance as defined by § 4177 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6825. Identification of persons operating OHVs upon public or private property.
Any person operating an OHV upon public or private property shall stop and give identification upon the request of the person
in control of the property and shall promptly comply with such restriction as may be imposed or remove the OHV from the premises
if requested to do so.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6826. Safety education program.
(a) The Department shall implement a comprehensive OHV information and safety education program which shall include the preparation
and dissemination of information and safety advice to the public.
(b) In implementing a program which is established pursuant to this section, the Department shall cooperate with private organizations
and associations, private and public corporations, the Department of Education, state and local parks and recreation departments,
local governmental units and local and county law-enforcement agencies.
61 Del. Laws, c. 142, § 6; 73 Del. Laws, c. 65, § 27.;
§ 6827. Accidents.
(a) The operator of an OHV involved in an accident resulting in an injury to another person or in a death shall immediately
report such accident by the quickest available means of communication, to a State Police officer or the local law-enforcement
officer for New Castle County or the municipality wherein the accident occurred.
(b) The operator of an OHV involved in an accident resulting in damage to private property, except that of the operator, shall
notify the owner of said property within 48 hours of the occurrence of such accident.
(c) Accidents resulting only in injury to the operator and/or damage to the operator's personal equipment need not be reported.
(d) The operator of an OHV involved in an accident upon either public or private property, resulting in injury to or death
of any person, shall immediately stop and remain at the scene of such accident and shall render to any person injured in the
accident reasonable assistance in securing medical aid or transportation for the injured person or persons.
(e) This section shall not apply to accidents involving competition vehicles damaged while engaging in special or competition
events.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6828. Enforcement of chapter.
Any peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce
this chapter.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1.;
§ 6829. Registration numbers or numbered decals as prima facie evidence.
In a proceeding for a violation of this chapter involving prohibited operation and conduct, the registration number or numbered
decal displayed on an OHV shall constitute prima facie evidence that the owner of the vehicle was the person operating the
vehicle at the time of the offense, unless the OHV committing the violation was in fact a stolen vehicle at the time of the
violation.
61 Del. Laws, c. 142, § 6.;
§ 6830. Unlawful for operators of OHVs to disobey command to stop.
It shall be unlawful for any operator of an OHV to willfully disobey a signal to bring such OHV to a stop when such signal
is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed police, peace or environmental
protection officer acting in the lawful performance of duty. A violation of this section shall be an unclassified misdemeanor
with the penalties set forth in § 6831 of this title.
61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 18.;
§ 6831. Penalties.
A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise
provided for in this chapter.
(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the
time of conviction.
(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway
vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6
months, at the expense of the owner, of the OHV at the time of conviction.
(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting
in the lawful performance of duty may have an OHV towed and impounded if that law-enforcement officer has probable cause to
believe that the OHV was used in violation of this chapter.
61 Del. Laws, c. 142, § 6; 68 Del. Laws, c. 9, § 62; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 295, § 3.;
§ 6832. Jurisdiction.
The Courts of the Justices of the Peace shall have jurisdiction over violations of this chapter except that the Family Court
shall have jurisdiction over violations of this chapter when such violation is committed by any person under the age of 18
years of age.
61 Del. Laws, c. 142, § 6.;
§ 6833. Conflicts with other statutes.
Should any provision of this chapter conflict with other statutes, the provisions or requirements of this chapter shall apply.
61 Del. Laws, c. 142, § 6.;
§ 6834. Rules and regulations.
The Secretary of Transportation may adopt and enforce such rules and regulations concerning off-highway vehicles and designate
such agencies as may be necessary to carry out this chapter, provided such rules and regulations are not contrary to this
chapter.
61 Del. Laws, c. 142, § 6; 74 Del. Laws, c. 110, § 113.;