Subchapter XII. Operation of Bicycles and Other Human-Powered Vehicles; Operation of Electric Personal Assistive Mobility
Devices
§ 4192. Responsibility of parent or guardian.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate
any of the provisions of this subchapter.
21 Del. C. 1953, § 4190; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4193. Applicability of traffic laws.
Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable
to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those
provisions of this title which by their nature can have no application.
21 Del. C. 1953, § 4191; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4194. Passengers and trailers.
(a) No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except
that an adult rider may carry a child securely attached to the person in a backpack or sling.
(b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.
21 Del. C. 1953, § 4192; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 60; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4195. Clinging to vehicles.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached
to any vehicle upon a highway.
21 Del. C. 1953, § 4193; 53 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4196. Position on roadway.
(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under
the conditions then existing shall ride as close as practicable to the right-hand edge of the roadway except under any of
the following circumstances:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction;
(2) When preparing for a left turn at an intersection or into a private road or driveway; or
(3) When reasonably necessary to avoid conditions including, but not limited to fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along
the right-hand edge of roadway. For purposes of this section, a "substandard width lane" is a lane that is too narrow for
a bicycle and a vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a 1-way highway with 2 or more marked traffic lanes and a posted speed limit of less
than 30 miles per hour may ride as near the left-hand edge of such roadway as practicable.
(c) Persons riding bicycles upon a roadway shall not ride more than 2 abreast except on paths or parts of roadways set aside
for the exclusive use of bicycles. Persons riding 2 abreast shall not impede the normal and reasonable movement of traffic
and, on a laned roadway, shall ride within a single lane.
21 Del. C. 1953, § 4194; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4197. Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at least 1 hand on the handlebars at all times.
21 Del. C. 1953, § 4195; 54 Del. Laws, c. 54, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198. Left turns.
(a) A person riding a bicycle intending to turn left shall follow a course described in § 4152 of this title or in subsection
(b) of this section.
(b) A person riding a bicycle intending to turn left shall approach the turn as close as practicable to the right edge of
the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway
edges the bicyclist shall stop, as much as practicable out of the way of traffic. After stopping, the bicyclist shall yield
to any traffic proceeding in either direction along the roadway the bicyclist has been using. After yielding, and complying
with any official traffic-control device or police officer regulating traffic on the highway along which the bicyclist intends
to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding subsections (a) and (b) of this section, the Department or local authorities in their respective jurisdictions
may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled
by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required
by such devices.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4198A. Turn and stop signals.
(a) A person operating a bicycle shall give hand and arm signals as follows:
(1) Left turn. -- Left hand and arm extended horizontally and to the left side of the bicycle.
(2) Right turn. -- Right hand and arm extended horizontally and to the right side of the bicycle or the left hand and arm
extended upward.
(3) Stop or decrease speed. -- Left hand and arm extended downward from the left side of the bicycle.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100
feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by
hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 384, § 2.;
§ 4198B. Bicycles on sidewalks and crosswalks.
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the
right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such
use of bicycles is prohibited by official traffic-control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and
along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
66 Del. Laws, c. 167, § 2.;
§ 4198C. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is
allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location
where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor
vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.
66 Del. Laws, c. 167, § 2.;
§ 4198D. Bicycle racing.
(a) Bicycle racing on the highways is prohibited by § 4172 of this title except as authorized in this section.
(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities
in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which
assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference
with traffic flow which would seriously inconvenience other highway users.
(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from
compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety
of all highway users.
66 Del. Laws, c. 167, § 2.;
§ 4198E. Inspecting bicycles.
A uniformed police officer may at any time, upon reasonable cause to believe that a bicycle is unsafe or not equipped as required
by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit
the bicycle to an inspection and such test with reference thereto as may be appropriate.
66 Del. Laws, c. 167, § 2.;
§ 4198F. Lamps and other equipment on bicycles.
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible
from a distance of at least 500 feet to the front.
(b) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600
feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
(c) Every bicycle when in use at nighttime shall be equipped with reflective material of sufficient size and reflectivity
to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle or,
in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.
(d) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (a)-(c)
of this section.
(e) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet
from a speed of 10 miles per hour on dry, level, clean pavement.
21 Del. C. 1953, § 4196; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198G. Bicycle identifying number.
A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying
number permanently stamped or cast on its frame.
66 Del. Laws, c. 167, § 2.;
§ 4198H. Use of earplugs and headsets restricted.
(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears.
(b) A prosthetic device which aids the hard-of-hearing is not an earplug or a headset under this section.
66 Del. Laws, c. 167, § 2.;
§ 4198I. Human-powered vehicles defined.
"Human-powered vehicles" shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals
and which the driver normally rides astride. Adult cycles are included but all children's cycles are excluded as are all
toys and all vehicles of whatever nature that require the driver to place a foot or other object on the ground to cause motion.
66 Del. Laws, c. 167, § 2.;
§ 4198J. Bicycling on highways under influence of drugs or alcohol.
(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) Whoever is convicted of a violation of subsection (a) of this section shall, for the 1st offense be fined not less than
$150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not
less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within 2 years of the prior
offense.
(c) No violation of this section shall be entered on a driver's motor vehicle record.
70 Del. Laws, c. 265, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198K. Helmet requirements.
(a) A person under 18 years of age shall not operate or ride as a passenger upon any bicycle unless that person is wearing
an approved, properly fitted and fastened bicycle helmet. This requirement shall apply to a person who rides upon a bicycle
while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. For purposes of this section,
an approved helmet means a bicycle helmet which conforms to the following standards:
(1) A bicycle helmet that was manufactured prior to March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM),
or the Snell Memorial Foundation;
(2) A bicycle helmet that was manufactured on or after March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the Consumer Products Safety Commission.
(b) Any parent or guardian who fails to cause the parent's or guardian's child to wear a bicycle helmet, as provided herein,
shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased
or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation.
(d) The requirements of this section shall apply at all times while a bicycle is being operated on any property open to the
public or used by the public for pedestrian and vehicular purposes.
(e) Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory
negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure
to wear a bicycle helmet be admissible as evidence in the trial of any civil action.
(f) It is an affirmative defense to a violation of the helmet requirements of this section that the violator is a member of
a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices
of the violator's church or religious denomination, are against the wearing of a helmet.
70 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 2; 76 Del. Laws, c. 289, §§ 1-5.;
§ 4198L. Exemption for bicycle-mounted police officers.
Bicycle-mounted police officers, while responding to an emergency or during the pursuit of an actual or suspected violator
of the law, are exempt from the obligations under this subchapter.
70 Del. Laws, c. 384, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198M. Mopeds and tripeds.
(a) Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor
shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated
on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.
(b) No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title.
The licensee shall have such license in the licensee's immediate possession at all times when operating a moped or triped.
(c) Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any
path set aside for the exclusive use of bicycles.
(d) Mopeds or tripeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The
registration and reregistration fee for mopeds or tripeds shall be $5 for a 3-year registration period. Upon registration
of a moped or triped, the Division of Motor Vehicles shall issue a decal or a distinctive number plate to be affixed to the
moped or triped as indication of registration.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 208, § 1; 74 Del. Laws, c. 282, § 2.;
§ 4198N. Operation of motorized skateboards and scooters.
(a) Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. -- Motorized skateboards or scooters
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) A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or
scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance
with this chapter.
(2) A motorized skateboard or scooter 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.
(3) A person who violates this subsection shall be subject to the following penalties:
a. For the first offense, a fine of not less than $25 nor more than $115.
b. For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(b) Upon other property; penalty for violation. -- A person shall not operate a motorized skateboard or scooter 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. A person who violates this
subsection shall be subject to the following penalties:
(1) For the first offense, a fine of not less than $25 nor more than $115.
(2) For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(3) In addition, restitution shall be made for value of any damage to real or personal property that results from a violation
of this subsection.
(c) Careless operation or excessive rate of speed. -- A person shall not operate a motorized skateboard or scooter in a careless
or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard
to actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
(d) While under the influence or with a prohibited alcohol content. -- A person shall not operate a motorized skateboard or
scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this
title.
(1) When such operation is upon private property with the express permission of the person in control of the property or such
operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions
of this section shall apply.
(2) The provisions of this subsection, subsections (j) or (l) of this section or any other statute to the contrary notwithstanding,
all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of
a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as
defined in § 4177 of this title when such operation is upon private property without the express permission of the person
in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way
thereof located within this State.
(e) In a manner causing damage or disturbance. --
(1) A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person
or in a manner to endanger, disturb or annoy another person. 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 motorized skateboards or scooters
at a track or park designed for the lawful operation of said devices.
(2) The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person.
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 motorized
skateboard or scooter.
(3) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
(f) Unlawful for operators of motorized skateboard or scooters to disobey command to stop. -- It shall be unlawful for any
operator of a motorized skateboard or scooter to wilfully disobey a signal to bring such motorized skateboard or scooter to
a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed
law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty.
(g) By minors, incompetent persons or persons under mental or physical disabilities. --
(1) A person less than 12 years of age may operate a motorized skateboard or scooter only if:
a. The person is under the direct supervision of a person who is at least 18 years of age; or
b. The person is on land owned by or under the control of the person's parent or legal guardian.
(2) Persons 12 years of age and older may operate a motorized skateboard or scooter without adult supervision provided such
use is in compliance with all other provisions of this chapter.
(3) A parent or legal guardian shall not permit a child under the age of 12 to operate a motorized skateboard or scooter except
under the direct supervision of an adult.
(4) The owner of a motorized skateboard or scooter shall not permit:
a. The device to be operated by a person under the age of 12 except under direct adult supervision.
b. The device 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 alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of
this title.
(h) Helmet requirements. --
(1) A person under 18 years of age shall not operate or ride as a passenger upon any motorized skateboard or scooter unless
that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K
of this title.
(2) Any parent or legal guardian who fails to cause that parent or legal guardian's child to wear a helmet, as provided in
this subsection, shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(3) The court may dismiss all charges pursuant to this subsection upon presentation of evidence that a violator hereof has
purchased or obtained a helmet that meets or exceeds the standards set forth in this subsection subsequent to the violation.
(4) The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated
on any property open to the public or used by the public for pedestrian and vehicular purposes.
(5) Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence
in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear
a helmet be admissible as evidence in the trial of any civil action.
(i) Any person or business selling a new, unused motorized scooter, as defined in § 101(33) of this title, must obtain a signed,
witnessed statement from the purchaser stating that the purchaser is aware that motorized scooters cannot be operated on Delaware
public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than
3 years from the date of sale.
(j) Enforcement of section. -- Any law-enforcement, peace, police or environmental protection officer, acting in the lawful
performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation
of this section, it may forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard
or scooter unless the operator or owner is found not guilty of the offense charged.
(k) Penalties when not otherwise specified in this section. -- Any person convicted of violation of any provision of this
section shall be fined not less than $25 nor more than $300. The penalties set forth in this subsection shall apply unless
a specific penalty for an offense specified in a provision of this section is otherwise provided in this section.
(l) Jurisdiction. -- The Courts of the Justices of the Peace shall have original jurisdiction over violations of this section
except that the Family Court shall have jurisdiction over violations of this section when such violation is committed by any
person under the age of 18 years of age.
(m) Conflicts with other statutes. -- Should any provision of this section conflict with other statutes, the provisions or
requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding,
nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other
provision of this Code.
(n) Rules and regulations. -- The Secretary of Safety and Homeland Security and/or the Secretary of Transportation may adopt
and enforce such rules and regulations concerning motorized skateboards or scooters and designate such agencies as may be
necessary to carry out this section, provided such rules and regulations are not contrary to this section.
(o) Notwithstanding the provisions of this section, any municipality with a population in excess of 50,000 may implement ordinances,
regulating the use of motorized skateboard or scooters, inconsistent with or in addition to the provisions of this section.
74 Del. Laws, c. 282, § 3; 76 Del. Laws, c. 289, §§ 6, 7.;
§ 4198O. Operation of electric personal assistive mobility devices (EPAMD)
(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except
the following:
(1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way
to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and
passing any pedestrian.
(2) An EPAMD may be operated on a public highway only:
a. While making a direct crossing of a highway in a marked or unmarked crosswalk;
b. Where no sidewalk is available; or
c. When so directed by a traffic control device or by a peace officer.
(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;
(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make
a direct crossing of the highway in a marked crosswalk;
(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted
and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title;
(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the
EPAMD; and
(7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.
(c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator
to bring the device to a controlled stop, and if the EPAMD is operated between one-half hour after sunset and one-half hour
before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front
of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors
on the operator's person.
(d) No proof of financial responsibility is required for the operation of an EPAMD.
(e)(1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning
for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30
days for the third or subsequent offense.
(2) Any person convicted of a violation of paragraph (a)(7) of this section shall for the first offense be fined not less
than $150 nor more than $1,150 and for subsequent offenses be fined not less than $400 nor more than $1500 or be imprisoned
not less than 10 days nor more than 30 days, or both.
73 Del. Laws, c. 346, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 3.;
Subchapter XII. Operation of Bicycles and Other Human-Powered Vehicles; Operation of Electric Personal Assistive Mobility
Devices
§ 4192. Responsibility of parent or guardian.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate
any of the provisions of this subchapter.
21 Del. C. 1953, § 4190; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4193. Applicability of traffic laws.
Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable
to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those
provisions of this title which by their nature can have no application.
21 Del. C. 1953, § 4191; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4194. Passengers and trailers.
(a) No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except
that an adult rider may carry a child securely attached to the person in a backpack or sling.
(b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.
21 Del. C. 1953, § 4192; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 60; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4195. Clinging to vehicles.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached
to any vehicle upon a highway.
21 Del. C. 1953, § 4193; 53 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4196. Position on roadway.
(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under
the conditions then existing shall ride as close as practicable to the right-hand edge of the roadway except under any of
the following circumstances:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction;
(2) When preparing for a left turn at an intersection or into a private road or driveway; or
(3) When reasonably necessary to avoid conditions including, but not limited to fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along
the right-hand edge of roadway. For purposes of this section, a "substandard width lane" is a lane that is too narrow for
a bicycle and a vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a 1-way highway with 2 or more marked traffic lanes and a posted speed limit of less
than 30 miles per hour may ride as near the left-hand edge of such roadway as practicable.
(c) Persons riding bicycles upon a roadway shall not ride more than 2 abreast except on paths or parts of roadways set aside
for the exclusive use of bicycles. Persons riding 2 abreast shall not impede the normal and reasonable movement of traffic
and, on a laned roadway, shall ride within a single lane.
21 Del. C. 1953, § 4194; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4197. Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at least 1 hand on the handlebars at all times.
21 Del. C. 1953, § 4195; 54 Del. Laws, c. 54, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198. Left turns.
(a) A person riding a bicycle intending to turn left shall follow a course described in § 4152 of this title or in subsection
(b) of this section.
(b) A person riding a bicycle intending to turn left shall approach the turn as close as practicable to the right edge of
the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway
edges the bicyclist shall stop, as much as practicable out of the way of traffic. After stopping, the bicyclist shall yield
to any traffic proceeding in either direction along the roadway the bicyclist has been using. After yielding, and complying
with any official traffic-control device or police officer regulating traffic on the highway along which the bicyclist intends
to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding subsections (a) and (b) of this section, the Department or local authorities in their respective jurisdictions
may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled
by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required
by such devices.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4198A. Turn and stop signals.
(a) A person operating a bicycle shall give hand and arm signals as follows:
(1) Left turn. -- Left hand and arm extended horizontally and to the left side of the bicycle.
(2) Right turn. -- Right hand and arm extended horizontally and to the right side of the bicycle or the left hand and arm
extended upward.
(3) Stop or decrease speed. -- Left hand and arm extended downward from the left side of the bicycle.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100
feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by
hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 384, § 2.;
§ 4198B. Bicycles on sidewalks and crosswalks.
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the
right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such
use of bicycles is prohibited by official traffic-control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and
along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
66 Del. Laws, c. 167, § 2.;
§ 4198C. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is
allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location
where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor
vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.
66 Del. Laws, c. 167, § 2.;
§ 4198D. Bicycle racing.
(a) Bicycle racing on the highways is prohibited by § 4172 of this title except as authorized in this section.
(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities
in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which
assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference
with traffic flow which would seriously inconvenience other highway users.
(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from
compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety
of all highway users.
66 Del. Laws, c. 167, § 2.;
§ 4198E. Inspecting bicycles.
A uniformed police officer may at any time, upon reasonable cause to believe that a bicycle is unsafe or not equipped as required
by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit
the bicycle to an inspection and such test with reference thereto as may be appropriate.
66 Del. Laws, c. 167, § 2.;
§ 4198F. Lamps and other equipment on bicycles.
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible
from a distance of at least 500 feet to the front.
(b) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600
feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
(c) Every bicycle when in use at nighttime shall be equipped with reflective material of sufficient size and reflectivity
to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle or,
in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.
(d) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (a)-(c)
of this section.
(e) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet
from a speed of 10 miles per hour on dry, level, clean pavement.
21 Del. C. 1953, § 4196; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198G. Bicycle identifying number.
A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying
number permanently stamped or cast on its frame.
66 Del. Laws, c. 167, § 2.;
§ 4198H. Use of earplugs and headsets restricted.
(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears.
(b) A prosthetic device which aids the hard-of-hearing is not an earplug or a headset under this section.
66 Del. Laws, c. 167, § 2.;
§ 4198I. Human-powered vehicles defined.
"Human-powered vehicles" shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals
and which the driver normally rides astride. Adult cycles are included but all children's cycles are excluded as are all
toys and all vehicles of whatever nature that require the driver to place a foot or other object on the ground to cause motion.
66 Del. Laws, c. 167, § 2.;
§ 4198J. Bicycling on highways under influence of drugs or alcohol.
(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) Whoever is convicted of a violation of subsection (a) of this section shall, for the 1st offense be fined not less than
$150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not
less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within 2 years of the prior
offense.
(c) No violation of this section shall be entered on a driver's motor vehicle record.
70 Del. Laws, c. 265, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198K. Helmet requirements.
(a) A person under 18 years of age shall not operate or ride as a passenger upon any bicycle unless that person is wearing
an approved, properly fitted and fastened bicycle helmet. This requirement shall apply to a person who rides upon a bicycle
while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. For purposes of this section,
an approved helmet means a bicycle helmet which conforms to the following standards:
(1) A bicycle helmet that was manufactured prior to March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM),
or the Snell Memorial Foundation;
(2) A bicycle helmet that was manufactured on or after March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the Consumer Products Safety Commission.
(b) Any parent or guardian who fails to cause the parent's or guardian's child to wear a bicycle helmet, as provided herein,
shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased
or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation.
(d) The requirements of this section shall apply at all times while a bicycle is being operated on any property open to the
public or used by the public for pedestrian and vehicular purposes.
(e) Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory
negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure
to wear a bicycle helmet be admissible as evidence in the trial of any civil action.
(f) It is an affirmative defense to a violation of the helmet requirements of this section that the violator is a member of
a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices
of the violator's church or religious denomination, are against the wearing of a helmet.
70 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 2; 76 Del. Laws, c. 289, §§ 1-5.;
§ 4198L. Exemption for bicycle-mounted police officers.
Bicycle-mounted police officers, while responding to an emergency or during the pursuit of an actual or suspected violator
of the law, are exempt from the obligations under this subchapter.
70 Del. Laws, c. 384, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198M. Mopeds and tripeds.
(a) Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor
shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated
on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.
(b) No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title.
The licensee shall have such license in the licensee's immediate possession at all times when operating a moped or triped.
(c) Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any
path set aside for the exclusive use of bicycles.
(d) Mopeds or tripeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The
registration and reregistration fee for mopeds or tripeds shall be $5 for a 3-year registration period. Upon registration
of a moped or triped, the Division of Motor Vehicles shall issue a decal or a distinctive number plate to be affixed to the
moped or triped as indication of registration.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 208, § 1; 74 Del. Laws, c. 282, § 2.;
§ 4198N. Operation of motorized skateboards and scooters.
(a) Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. -- Motorized skateboards or scooters
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) A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or
scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance
with this chapter.
(2) A motorized skateboard or scooter 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.
(3) A person who violates this subsection shall be subject to the following penalties:
a. For the first offense, a fine of not less than $25 nor more than $115.
b. For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(b) Upon other property; penalty for violation. -- A person shall not operate a motorized skateboard or scooter 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. A person who violates this
subsection shall be subject to the following penalties:
(1) For the first offense, a fine of not less than $25 nor more than $115.
(2) For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(3) In addition, restitution shall be made for value of any damage to real or personal property that results from a violation
of this subsection.
(c) Careless operation or excessive rate of speed. -- A person shall not operate a motorized skateboard or scooter in a careless
or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard
to actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
(d) While under the influence or with a prohibited alcohol content. -- A person shall not operate a motorized skateboard or
scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this
title.
(1) When such operation is upon private property with the express permission of the person in control of the property or such
operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions
of this section shall apply.
(2) The provisions of this subsection, subsections (j) or (l) of this section or any other statute to the contrary notwithstanding,
all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of
a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as
defined in § 4177 of this title when such operation is upon private property without the express permission of the person
in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way
thereof located within this State.
(e) In a manner causing damage or disturbance. --
(1) A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person
or in a manner to endanger, disturb or annoy another person. 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 motorized skateboards or scooters
at a track or park designed for the lawful operation of said devices.
(2) The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person.
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 motorized
skateboard or scooter.
(3) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
(f) Unlawful for operators of motorized skateboard or scooters to disobey command to stop. -- It shall be unlawful for any
operator of a motorized skateboard or scooter to wilfully disobey a signal to bring such motorized skateboard or scooter to
a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed
law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty.
(g) By minors, incompetent persons or persons under mental or physical disabilities. --
(1) A person less than 12 years of age may operate a motorized skateboard or scooter only if:
a. The person is under the direct supervision of a person who is at least 18 years of age; or
b. The person is on land owned by or under the control of the person's parent or legal guardian.
(2) Persons 12 years of age and older may operate a motorized skateboard or scooter without adult supervision provided such
use is in compliance with all other provisions of this chapter.
(3) A parent or legal guardian shall not permit a child under the age of 12 to operate a motorized skateboard or scooter except
under the direct supervision of an adult.
(4) The owner of a motorized skateboard or scooter shall not permit:
a. The device to be operated by a person under the age of 12 except under direct adult supervision.
b. The device 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 alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of
this title.
(h) Helmet requirements. --
(1) A person under 18 years of age shall not operate or ride as a passenger upon any motorized skateboard or scooter unless
that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K
of this title.
(2) Any parent or legal guardian who fails to cause that parent or legal guardian's child to wear a helmet, as provided in
this subsection, shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(3) The court may dismiss all charges pursuant to this subsection upon presentation of evidence that a violator hereof has
purchased or obtained a helmet that meets or exceeds the standards set forth in this subsection subsequent to the violation.
(4) The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated
on any property open to the public or used by the public for pedestrian and vehicular purposes.
(5) Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence
in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear
a helmet be admissible as evidence in the trial of any civil action.
(i) Any person or business selling a new, unused motorized scooter, as defined in § 101(33) of this title, must obtain a signed,
witnessed statement from the purchaser stating that the purchaser is aware that motorized scooters cannot be operated on Delaware
public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than
3 years from the date of sale.
(j) Enforcement of section. -- Any law-enforcement, peace, police or environmental protection officer, acting in the lawful
performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation
of this section, it may forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard
or scooter unless the operator or owner is found not guilty of the offense charged.
(k) Penalties when not otherwise specified in this section. -- Any person convicted of violation of any provision of this
section shall be fined not less than $25 nor more than $300. The penalties set forth in this subsection shall apply unless
a specific penalty for an offense specified in a provision of this section is otherwise provided in this section.
(l) Jurisdiction. -- The Courts of the Justices of the Peace shall have original jurisdiction over violations of this section
except that the Family Court shall have jurisdiction over violations of this section when such violation is committed by any
person under the age of 18 years of age.
(m) Conflicts with other statutes. -- Should any provision of this section conflict with other statutes, the provisions or
requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding,
nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other
provision of this Code.
(n) Rules and regulations. -- The Secretary of Safety and Homeland Security and/or the Secretary of Transportation may adopt
and enforce such rules and regulations concerning motorized skateboards or scooters and designate such agencies as may be
necessary to carry out this section, provided such rules and regulations are not contrary to this section.
(o) Notwithstanding the provisions of this section, any municipality with a population in excess of 50,000 may implement ordinances,
regulating the use of motorized skateboard or scooters, inconsistent with or in addition to the provisions of this section.
74 Del. Laws, c. 282, § 3; 76 Del. Laws, c. 289, §§ 6, 7.;
§ 4198O. Operation of electric personal assistive mobility devices (EPAMD)
(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except
the following:
(1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way
to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and
passing any pedestrian.
(2) An EPAMD may be operated on a public highway only:
a. While making a direct crossing of a highway in a marked or unmarked crosswalk;
b. Where no sidewalk is available; or
c. When so directed by a traffic control device or by a peace officer.
(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;
(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make
a direct crossing of the highway in a marked crosswalk;
(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted
and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title;
(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the
EPAMD; and
(7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.
(c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator
to bring the device to a controlled stop, and if the EPAMD is operated between one-half hour after sunset and one-half hour
before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front
of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors
on the operator's person.
(d) No proof of financial responsibility is required for the operation of an EPAMD.
(e)(1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning
for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30
days for the third or subsequent offense.
(2) Any person convicted of a violation of paragraph (a)(7) of this section shall for the first offense be fined not less
than $150 nor more than $1,150 and for subsequent offenses be fined not less than $400 nor more than $1500 or be imprisoned
not less than 10 days nor more than 30 days, or both.
73 Del. Laws, c. 346, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 3.;
Subchapter XII. Operation of Bicycles and Other Human-Powered Vehicles; Operation of Electric Personal Assistive Mobility
Devices
§ 4192. Responsibility of parent or guardian.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate
any of the provisions of this subchapter.
21 Del. C. 1953, § 4190; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4193. Applicability of traffic laws.
Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable
to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those
provisions of this title which by their nature can have no application.
21 Del. C. 1953, § 4191; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4194. Passengers and trailers.
(a) No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except
that an adult rider may carry a child securely attached to the person in a backpack or sling.
(b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.
21 Del. C. 1953, § 4192; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 60; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4195. Clinging to vehicles.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached
to any vehicle upon a highway.
21 Del. C. 1953, § 4193; 53 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4196. Position on roadway.
(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under
the conditions then existing shall ride as close as practicable to the right-hand edge of the roadway except under any of
the following circumstances:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction;
(2) When preparing for a left turn at an intersection or into a private road or driveway; or
(3) When reasonably necessary to avoid conditions including, but not limited to fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along
the right-hand edge of roadway. For purposes of this section, a "substandard width lane" is a lane that is too narrow for
a bicycle and a vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a 1-way highway with 2 or more marked traffic lanes and a posted speed limit of less
than 30 miles per hour may ride as near the left-hand edge of such roadway as practicable.
(c) Persons riding bicycles upon a roadway shall not ride more than 2 abreast except on paths or parts of roadways set aside
for the exclusive use of bicycles. Persons riding 2 abreast shall not impede the normal and reasonable movement of traffic
and, on a laned roadway, shall ride within a single lane.
21 Del. C. 1953, § 4194; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4197. Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at least 1 hand on the handlebars at all times.
21 Del. C. 1953, § 4195; 54 Del. Laws, c. 54, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198. Left turns.
(a) A person riding a bicycle intending to turn left shall follow a course described in § 4152 of this title or in subsection
(b) of this section.
(b) A person riding a bicycle intending to turn left shall approach the turn as close as practicable to the right edge of
the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway
edges the bicyclist shall stop, as much as practicable out of the way of traffic. After stopping, the bicyclist shall yield
to any traffic proceeding in either direction along the roadway the bicyclist has been using. After yielding, and complying
with any official traffic-control device or police officer regulating traffic on the highway along which the bicyclist intends
to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding subsections (a) and (b) of this section, the Department or local authorities in their respective jurisdictions
may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled
by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required
by such devices.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.;
§ 4198A. Turn and stop signals.
(a) A person operating a bicycle shall give hand and arm signals as follows:
(1) Left turn. -- Left hand and arm extended horizontally and to the left side of the bicycle.
(2) Right turn. -- Right hand and arm extended horizontally and to the right side of the bicycle or the left hand and arm
extended upward.
(3) Stop or decrease speed. -- Left hand and arm extended downward from the left side of the bicycle.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100
feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by
hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.
66 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 384, § 2.;
§ 4198B. Bicycles on sidewalks and crosswalks.
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the
right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such
use of bicycles is prohibited by official traffic-control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and
along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
66 Del. Laws, c. 167, § 2.;
§ 4198C. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is
allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location
where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor
vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.
66 Del. Laws, c. 167, § 2.;
§ 4198D. Bicycle racing.
(a) Bicycle racing on the highways is prohibited by § 4172 of this title except as authorized in this section.
(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities
in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which
assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference
with traffic flow which would seriously inconvenience other highway users.
(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from
compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety
of all highway users.
66 Del. Laws, c. 167, § 2.;
§ 4198E. Inspecting bicycles.
A uniformed police officer may at any time, upon reasonable cause to believe that a bicycle is unsafe or not equipped as required
by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit
the bicycle to an inspection and such test with reference thereto as may be appropriate.
66 Del. Laws, c. 167, § 2.;
§ 4198F. Lamps and other equipment on bicycles.
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible
from a distance of at least 500 feet to the front.
(b) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600
feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
(c) Every bicycle when in use at nighttime shall be equipped with reflective material of sufficient size and reflectivity
to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle or,
in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.
(d) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (a)-(c)
of this section.
(e) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet
from a speed of 10 miles per hour on dry, level, clean pavement.
21 Del. C. 1953, § 4196; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 2.;
§ 4198G. Bicycle identifying number.
A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying
number permanently stamped or cast on its frame.
66 Del. Laws, c. 167, § 2.;
§ 4198H. Use of earplugs and headsets restricted.
(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears.
(b) A prosthetic device which aids the hard-of-hearing is not an earplug or a headset under this section.
66 Del. Laws, c. 167, § 2.;
§ 4198I. Human-powered vehicles defined.
"Human-powered vehicles" shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals
and which the driver normally rides astride. Adult cycles are included but all children's cycles are excluded as are all
toys and all vehicles of whatever nature that require the driver to place a foot or other object on the ground to cause motion.
66 Del. Laws, c. 167, § 2.;
§ 4198J. Bicycling on highways under influence of drugs or alcohol.
(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) Whoever is convicted of a violation of subsection (a) of this section shall, for the 1st offense be fined not less than
$150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not
less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within 2 years of the prior
offense.
(c) No violation of this section shall be entered on a driver's motor vehicle record.
70 Del. Laws, c. 265, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198K. Helmet requirements.
(a) A person under 18 years of age shall not operate or ride as a passenger upon any bicycle unless that person is wearing
an approved, properly fitted and fastened bicycle helmet. This requirement shall apply to a person who rides upon a bicycle
while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. For purposes of this section,
an approved helmet means a bicycle helmet which conforms to the following standards:
(1) A bicycle helmet that was manufactured prior to March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM),
or the Snell Memorial Foundation;
(2) A bicycle helmet that was manufactured on or after March 11, 1999, shall meet or exceed the minimum bicycle helmet safety
standards set by the Consumer Products Safety Commission.
(b) Any parent or guardian who fails to cause the parent's or guardian's child to wear a bicycle helmet, as provided herein,
shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased
or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation.
(d) The requirements of this section shall apply at all times while a bicycle is being operated on any property open to the
public or used by the public for pedestrian and vehicular purposes.
(e) Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory
negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure
to wear a bicycle helmet be admissible as evidence in the trial of any civil action.
(f) It is an affirmative defense to a violation of the helmet requirements of this section that the violator is a member of
a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices
of the violator's church or religious denomination, are against the wearing of a helmet.
70 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 2; 76 Del. Laws, c. 289, §§ 1-5.;
§ 4198L. Exemption for bicycle-mounted police officers.
Bicycle-mounted police officers, while responding to an emergency or during the pursuit of an actual or suspected violator
of the law, are exempt from the obligations under this subchapter.
70 Del. Laws, c. 384, § 3; 74 Del. Laws, c. 282, § 2.;
§ 4198M. Mopeds and tripeds.
(a) Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor
shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated
on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.
(b) No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title.
The licensee shall have such license in the licensee's immediate possession at all times when operating a moped or triped.
(c) Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any
path set aside for the exclusive use of bicycles.
(d) Mopeds or tripeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The
registration and reregistration fee for mopeds or tripeds shall be $5 for a 3-year registration period. Upon registration
of a moped or triped, the Division of Motor Vehicles shall issue a decal or a distinctive number plate to be affixed to the
moped or triped as indication of registration.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 208, § 1; 74 Del. Laws, c. 282, § 2.;
§ 4198N. Operation of motorized skateboards and scooters.
(a) Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. -- Motorized skateboards or scooters
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) A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or
scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance
with this chapter.
(2) A motorized skateboard or scooter 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.
(3) A person who violates this subsection shall be subject to the following penalties:
a. For the first offense, a fine of not less than $25 nor more than $115.
b. For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(b) Upon other property; penalty for violation. -- A person shall not operate a motorized skateboard or scooter 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. A person who violates this
subsection shall be subject to the following penalties:
(1) For the first offense, a fine of not less than $25 nor more than $115.
(2) For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall
be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by
the court.
(3) In addition, restitution shall be made for value of any damage to real or personal property that results from a violation
of this subsection.
(c) Careless operation or excessive rate of speed. -- A person shall not operate a motorized skateboard or scooter in a careless
or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard
to actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance.
(d) While under the influence or with a prohibited alcohol content. -- A person shall not operate a motorized skateboard or
scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this
title.
(1) When such operation is upon private property with the express permission of the person in control of the property or such
operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions
of this section shall apply.
(2) The provisions of this subsection, subsections (j) or (l) of this section or any other statute to the contrary notwithstanding,
all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of
a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as
defined in § 4177 of this title when such operation is upon private property without the express permission of the person
in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way
thereof located within this State.
(e) In a manner causing damage or disturbance. --
(1) A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person
or in a manner to endanger, disturb or annoy another person. 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 motorized skateboards or scooters
at a track or park designed for the lawful operation of said devices.
(2) The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person.
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 motorized
skateboard or scooter.
(3) The owner of such private property may recover from the person responsible nominal damages of not less than the amount
of damage or injury.
(f) Unlawful for operators of motorized skateboard or scooters to disobey command to stop. -- It shall be unlawful for any
operator of a motorized skateboard or scooter to wilfully disobey a signal to bring such motorized skateboard or scooter to
a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed
law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty.
(g) By minors, incompetent persons or persons under mental or physical disabilities. --
(1) A person less than 12 years of age may operate a motorized skateboard or scooter only if:
a. The person is under the direct supervision of a person who is at least 18 years of age; or
b. The person is on land owned by or under the control of the person's parent or legal guardian.
(2) Persons 12 years of age and older may operate a motorized skateboard or scooter without adult supervision provided such
use is in compliance with all other provisions of this chapter.
(3) A parent or legal guardian shall not permit a child under the age of 12 to operate a motorized skateboard or scooter except
under the direct supervision of an adult.
(4) The owner of a motorized skateboard or scooter shall not permit:
a. The device to be operated by a person under the age of 12 except under direct adult supervision.
b. The device 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 alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of
this title.
(h) Helmet requirements. --
(1) A person under 18 years of age shall not operate or ride as a passenger upon any motorized skateboard or scooter unless
that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K
of this title.
(2) Any parent or legal guardian who fails to cause that parent or legal guardian's child to wear a helmet, as provided in
this subsection, shall be fined for the 1st offense $25, and for each subsequent offense, $50.
(3) The court may dismiss all charges pursuant to this subsection upon presentation of evidence that a violator hereof has
purchased or obtained a helmet that meets or exceeds the standards set forth in this subsection subsequent to the violation.
(4) The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated
on any property open to the public or used by the public for pedestrian and vehicular purposes.
(5) Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence
in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear
a helmet be admissible as evidence in the trial of any civil action.
(i) Any person or business selling a new, unused motorized scooter, as defined in § 101(33) of this title, must obtain a signed,
witnessed statement from the purchaser stating that the purchaser is aware that motorized scooters cannot be operated on Delaware
public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than
3 years from the date of sale.
(j) Enforcement of section. -- Any law-enforcement, peace, police or environmental protection officer, acting in the lawful
performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation
of this section, it may forthwith be seized and taken into custody by the peace officer or officers having knowledge of the
facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard
or scooter unless the operator or owner is found not guilty of the offense charged.
(k) Penalties when not otherwise specified in this section. -- Any person convicted of violation of any provision of this
section shall be fined not less than $25 nor more than $300. The penalties set forth in this subsection shall apply unless
a specific penalty for an offense specified in a provision of this section is otherwise provided in this section.
(l) Jurisdiction. -- The Courts of the Justices of the Peace shall have original jurisdiction over violations of this section
except that the Family Court shall have jurisdiction over violations of this section when such violation is committed by any
person under the age of 18 years of age.
(m) Conflicts with other statutes. -- Should any provision of this section conflict with other statutes, the provisions or
requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding,
nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other
provision of this Code.
(n) Rules and regulations. -- The Secretary of Safety and Homeland Security and/or the Secretary of Transportation may adopt
and enforce such rules and regulations concerning motorized skateboards or scooters and designate such agencies as may be
necessary to carry out this section, provided such rules and regulations are not contrary to this section.
(o) Notwithstanding the provisions of this section, any municipality with a population in excess of 50,000 may implement ordinances,
regulating the use of motorized skateboard or scooters, inconsistent with or in addition to the provisions of this section.
74 Del. Laws, c. 282, § 3; 76 Del. Laws, c. 289, §§ 6, 7.;
§ 4198O. Operation of electric personal assistive mobility devices (EPAMD)
(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except
the following:
(1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way
to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and
passing any pedestrian.
(2) An EPAMD may be operated on a public highway only:
a. While making a direct crossing of a highway in a marked or unmarked crosswalk;
b. Where no sidewalk is available; or
c. When so directed by a traffic control device or by a peace officer.
(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;
(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make
a direct crossing of the highway in a marked crosswalk;
(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted
and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title;
(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the
EPAMD; and
(7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic
drugs to a degree which renders such person a hazard.
(b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.
(c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator
to bring the device to a controlled stop, and if the EPAMD is operated between one-half hour after sunset and one-half hour
before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front
of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors
on the operator's person.
(d) No proof of financial responsibility is required for the operation of an EPAMD.
(e)(1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning
for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30
days for the third or subsequent offense.
(2) Any person convicted of a violation of paragraph (a)(7) of this section shall for the first offense be fined not less
than $150 nor more than $1,150 and for subsequent offenses be fined not less than $400 nor more than $1500 or be imprisoned
not less than 10 days nor more than 30 days, or both.
73 Del. Laws, c. 346, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 282, § 3.;
