HB 471 — AN ACT TO AMEND TITLE 21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES.

Harris & Rep.Sen.

CookeBuckson Reps.

Cooke, Ortega, Osienski HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENTBILL NO.

1471 AN ACT TO HOUSEAMEND BILLTITLE NO.21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES.

471BE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

471Section at1. line 27 by deleting “subsequent” as it appears therein and inserting in lieu thereof “subsequent second”.

FURTHERAmend AMENDChapter House68, BillTitle No.21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

471Chapter at68. lines 28 and 29 by deleting “$400 and impoundment for a mandatory minimum time period of 6 months,” as it appears therein and insert in lieu thereof “$400 and impoundment for a mandatory minimum time period of 6 months, $500 and impoundment for a period of 60 days,”.

FURTHERREGISTRATION AMENDAND HouseCONTROL BillOF No.OFF-HIGHWAY VEHICLES § 6821.

471Operation afterof lineOHVs 29— andOn beforeproperty. line 30 by inserting the following:

“(3)(a) ForA aperson thirdshall offensenot thatoperate occursan withinOHV 24upon monthsany ofproperty ain prioreither convictionpublic ofor thisprivate chapterownership orwithout ofthe aexpress similarpermission off-of highwaythe vehicleperson statein orcontrol localof law,the statute,property or ordinance,knowingly ain fineviolation of $500any andrestrictions permanentimposed impoundment.”.on such use by the person in control of the property.

FURTHERFor AMENDthe Housepurposes Billof No.this chapter, operating an OHV on shared private roadways is presumed to be unauthorized.

471(b) atPenalties. line 30 by deleting “(3)” as it appears therein and inserting in lieu thereof “(3) (4) “.

SYNOPSIS— This(1) HouseA Amendmentperson who violates subsection (a) of this section shall be subject to Housethe Billfollowing No.penalties:

471a. changes the penalty provision of this chapter.

ThisFor amendmentthe changesfirst theoffense, a fine forof a$100 secondand offensean toimpoundment $500of andthe addsOHV aat provisiontime of conviction for aup thirdto offense30 withdays, awhich penaltymay ofbe permanentsuspended impoundment.by the court.

b.

For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days from date of conviction.

A subsequent offense, before being punishable as such, shall have been committed within 24 months after commission of the first offense.

c.

Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV owner or, if the fine is appealed, once the owner has complied with the court’s decision or the court decides the owner and/or operator is not guilty of the offense under subsection (a) of this section.

The owner will not be responsible for impoundment costs if found not guilty by the court.

(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation of this section.

§ 6831.

Penalties.

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06/17/202606/10/2026 12:0311:26 PMAM 0841530059A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter.

(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the time of conviction.

(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.

(3) In addition to impoundment of an OHV for up to 100 days upon conviction, a uniformed police, peace, or environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded pending the resolution of charges if that law-enforcement officer has probable cause to believe that the OHV was used in violation of this chapter.

SYNOPSIS This Act clarifies that the operation of an off-highway vehicle (OHV) on shared private roadways within communities is presumed non-permissive.

It also clarifies the time period for impoundment of an OHV.

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06/10/2026 11:26 AM 0841530054