Delaware

Delaware law defines an "off-highway vehicle" or "OHV" as a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. The definition includes, but is not limited to, a motorcycle or related 2-wheel vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. It does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, an electric bicycle, an electric personal assistive mobility device or a registered aircraft, and snowmobiles are not included.

21 Del. C. § 101(50), checked 2026-10-01. Official text for Delaware, 21 Del. C. § 101(50), external site

The law requires any off-highway vehicle operated within the State to be registered under chapter 68 of Title 21, with listed exceptions; a registration number decal is assigned and must be affixed to the OHV, and the registration fee is $6.00 for 3 years. The exceptions are: a vehicle registered under Title 21, Title 23 (boats) or Title 2 (aircraft); an OHV operated exclusively in a special event at a special area location, of limited duration, on a prearranged schedule under a permit from the governmental unit having jurisdiction; an OHV covered by a valid registration of another state or country that has not been within Delaware for more than 15 consecutive days; and an OHV operated by a resident of a state or country that does not require off-highway vehicle registration, if it has been issued the 1-year decal, valid for the present calendar year, that the Department issues for $6.00. A person may not operate an OHV on any property in public or private ownership without the express permission of the person in control of the property, or knowingly in violation of restrictions that person imposes on such use.

21 Del. C. §§ 6801(a), 6802, 6803(a), 6807, 6810, 6821(a), checked 2026-10-01. Official text for Delaware, 21 Del. C. §§ 6801(a), 6802, 6803(a), 6807, 6810, 6821(a), external site

A person may not operate a 2-wheel or 3-wheel off-highway vehicle unless the operator and all passengers are wearing a protective helmet meeting U.S. Department of Transportation standards on their heads, with the chin straps properly fastened.

21 Del. C. § 6823(a), checked 2026-10-01. Official text for Delaware, 21 Del. C. § 6823(a), external site

A person less than 12 years of age may operate an off-highway vehicle only if under the direct supervision of a person who is at least 18 years of age, or on land owned by or under the control of the person's parent or legal guardian. Persons 12 years of age and older may operate an OHV without adult supervision only in compliance with all other provisions of the chapter. A parent or legal guardian, and the owner of an OHV, must not permit a child under 12 to operate it except under direct adult supervision. The Department may not accept an application for an original certificate of registration from a person under 18 years of age unless at least 1 parent or guardian signs consent.

21 Del. C. §§ 6808, 6824(a)-(d)(1), checked 2026-10-01. Official text for Delaware, 21 Del. C. §§ 6808, 6824(a)-(d)(1), external site

Off-highway vehicles must not be operated upon a public highway, street, sidewalk or right-of-way in Delaware except in two cases. An OHV may be pushed across or along such a public way only if it is in neutral or its power train is otherwise disengaged, and in conformance with Chapter 41 of Title 21. An OHV may be operated on a street or highway only for a special event of limited duration, conducted according to a prearranged schedule, under permit from the governmental unit having jurisdiction. OHV registration does not allow the vehicle to be operated on any highway except as the chapter specifically provides.

21 Del. C. §§ 6814(a)(1)-(2), 6801(a), checked 2026-10-01. Official text for Delaware, 21 Del. C. §§ 6814(a)(1)-(2), 6801(a), external site

Delaware defines an "electric bicycle" as a bicycle with 2 or 3 wheels that is equipped with fully-operable pedals, a saddle or seat for the rider, and an electric motor of less than or equal to 750 watts that meets 1 of 3 classes. Class 1 and Class 3 motors provide assistance only when the rider is pedaling, ceasing at 20 miles per hour or less (Class 1) or at no less than 20 and no more than 28 miles per hour (Class 3); a Class 2 motor may be used exclusively to propel the bicycle and ceases to provide assistance at 20 miles per hour or less. The separate "moped" definition covers a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum diameter, with an internal combustion engine of less than 55cc maximum piston displacement, or an electric motor that may be used exclusively to propel the bicycle at more than 20 miles per hour or that, if the rider is pedaling, continues to provide assistance above 28 miles per hour; "moped" does not include an electric bicycle.

21 Del. C. § 101(18), (40), checked 2026-10-01. Official text for Delaware, 21 Del. C. § 101(18), (40), external site