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An ATV on the Road

21 Del. C. § 6814 — no off highway vehicle on a public road, a helmet under 18, and a $100 fine with impoundment

An off highway vehicle may not be operated on a public highway, street, sidewalk or its right of way, except pushed across in neutral, or at a special event under a permit.

  • 21 Del. C. § 6814
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  • It is registered before it is operated anywhere in the State, and the operator has 24 hours to produce the registration.
  • Every operator and passenger on a 2 or 3 wheel vehicle wears a helmet meeting federal standards, and so does anyone under 18 on an ATV.
  • A person under 12 years of age operates one only under the direct supervision of someone at least 18, or on land a parent or guardian controls.
  • No one under 18 carries passengers on an ATV.
  • 21 Del. C. § 6801
  • 21 Del. C. § 6823
  • 21 Del. C. § 6824
OffensePenalty
OffenseFirstPenaltyA fine of $100 and impoundment for up to 100 days
OffenseSecond within 24 monthsPenaltyA fine of $500 and impoundment for 60 days
OffenseThird within 24 monthsPenaltyA fine of $500 and permanent impoundment

An officer with probable cause may have the vehicle towed and held until the charges are resolved. A particular case is a question for a licensed Delaware attorney.

Sources for this section (5)
  1. 21 Del. C. § 6814 — Operation of OHVs; Upon public highways, streets, sidewalks or rights-of-way; penalties for violation
  2. 21 Del. C. § 6801 — OHV registration; Required
  3. 21 Del. C. § 6823 — Operation of OHVs; Helmets
  4. 21 Del. C. § 6824 — Operation of OHVs; By minors, incompetent persons or persons under mental or physical disabilities
  5. 21 Del. C. § 6831 — Penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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