State of Delaware
*** NOTICE ***
This page includes a brief summary of provincial/state laws regulating ATV / Off-highway vehicle use current to April 2012. It is not intended as an absolute reference as laws are subject to change without notice and many potential prohibited acts may be covered by other legislation or statutes. It is recommended that you consult with the latest version of state statutes or provincial legislation.
General prohibited acts that may not be covered by specific OHV legislation include trespassing on private property, unlawful use of OHV on public highways, reckless use of off-highway vehicles, operation of off-highway vehicles while under the influence of drugs or alcohol, damage to public or private property or damage to natural habitats or protected areas which are all unlawful in every province and state.
Preamble
ATV's and other off-highway vehicles are regulated in the state of Delaware under Title 21 of Delaware statutes. These statutes cover use of off-highway vehicles on public and private lands.

For more information on Delaware ATV/OHV regulations, please download a copy of the Delaware OHV Act.




Summary of legislation regulating ATV use
Registration required
All residents of Delaware are required to register their off-highway vehicle and display valid registration decals on the vehicle at all times.

Non-residents are required to purchase a 1 year non-resident OHV permit unless they possess valid out-of-state registration and valid registration decals on the vehicle and the duration of use in the state is less than 15 days.

Minimum age
No person under the age of 12 may operate a off-highway vehicle on public lands unless directly supervised by a parent or guardian or a person 18 years of age or older.



Reckless operation prohibited
No person may operate a off-highway vehicle in a reckless or careless manner or at a excessive rate of speed that endangers the welfare of the operator or others.



Safety equipment required
No person shall operate a off-highway vehicle without adequate brakes or working headlights and taillights when operating during the hours of sunset and sunrise.



Operation on private property without permission prohibited
It is unlawful to operate a off-highway vehicle on private property without prior permission of the landowner.



Helmets required
All operators of 2 and 3 wheel off-highway vehicles are required to wear DOT approved helmets at all times while riding on public lands.



Operation on public roadways prohibited
Operation of off-highway vehicles on public roadways or highways is prohibited. It is permitted to push a off-highway vehicle in neutral gear across a roadway.



Accident reporting
All accidents involving off-highway vehicles that result in death or injury to a person or property damage are required to be reported to local law enforcement.




Please visit our U.S. land use forums for discussions regarding land use and legal issues.




OHV Registration / Permit
All residents of Delaware are required to register their off-highway vehicle and display valid registration decals on the vehicle.

Non-residents are required to purchase a 1 year non-resident OHV permit unless they possess valid out-of-state registration and valid registration decals and the duration of use in the state is less than 15 days. Registration and permits are available from any Delaware Department of Motor Vehicles office.

For More Information
This page represents a general summary of applicable state laws which apply to the operation of an off-highway vehicle. Laws are subject to change and laws other than specific off-highway vehicle related laws may be in place which may directly or indirectly apply to the operation of a off-highway vehicle in certain circumstances. Please consult with your state statutes if you have any questions.

For more information on Delaware ATV/OHV regulations, please download a copy of the Delaware OHV Act.