ATV Riding Laws - Delaware

In Delaware, state law requires off-highway vehicles to be registered with the Division of Motor Vehicles. Processed at any Division office, registration applications must be filed by any rider, and include the make, year, and serial number of the vehicle. Also, drivers are required to renew their registration every three years. The Delaware Statutes require the Department to issue a registration decal with a number unique to each ATV.

In addition, the state laws enforce the following rules:

Age requirements: An operator of an all-terrain vehicle must be at least 12 years old. Younger children must be supervised by a parent or drive the vehicle on their land. One must be at least 18 to apply for a registration unless a parent or guardian provides written consent, which is included on the application.

Registration: Registration certificates must be surrendered if the vehicle is destroyed, stolen, abandoned, or sold. Owners have 15 days to notify the department. For out-of-state vehicles, a one-year registration number decal is provided.

Operation: Driving an all-terrain vehicle on a public street or highway in Delaware is illegal unless it is pushed in neutral gear. A vehicle may be permitted on a road if it is part of a special event. If riding on private property, an ATV operator must first obtain the permission of the property owner.

Safety: The driver and any passengers must wear a helmet at all times, which must include a fastened chinstrap. Those riding (drivers/passengers) a two- or three-wheeled vehicle must have a helmet.

Equipment: From sunset to sunrise, all ATVs operated in the dark must have working headlights and taillights. Mufflers that cut noise by 60 percent are required, as are functioning brakes.

Penalties for Violations

If misuse of a vehicle causes land, wildlife, property damage, or a disturbance to anybody, the driver can face a $100 fine and impoundment of the vehicle for up to 30 days, for a first offense. For subsequent offenses, they may be fined $1,000 and 60 days of impoundment. Owners are responsible for impoundment costs unless a court finds them not guilty. Violators must also provide restitution for real or personal property damage.

Other Delaware ATV Legal Restrictions

It is illegal to ride at a speed that reduces control of the vehicle and increases the chances of colliding with another vehicle, person, or object. Riding under the influence of alcohol or drugs is forbidden as well. If driving on private land, an ATV driver must have the consent of the property owner to do so.

Delaware has a comprehensive set of laws governing the use of all-terrain vehicles. Nonetheless, the state has a low fatality rate, with 10 reported from 1982 to 2015 by the Consumer Product Safety Commission, and just one during an ongoing reporting period from 2013 to 2015.