CHAPTER 63

FORMERLY

HOUSE BILL NO. 10

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGULATION OF BICYCLES, MOPEDS, AND SIMILAR VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend §101, Chapter 1, Title 21 of the Delaware Code by adding thereto the following new definitions:

"'Bicycle' shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of three wheels, and which may be commonly known as unicycles, bicycles, and tricycles.

'Moped' shall mean a pedal bicycle having two tandem wheels, either of which is over twenty inches in diameter, and having a helper motor, characterized in that the maximum piston displacement is less than 55 cc., rated at

no more than 1.5 brake horsepower, and that the maximum speed does not exceed 25 miles per hour."

Section 2. Amend Chapter 41, Title 21 of the Delaware Code by adding thereto a new section, designated as §4194-A, which shall read as follows:

"§4194-A. Mopeds

(a) Mopeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.

(b) No person shall drive a moped without having been licensed as an operator of a motor vehicle under the provisions of this Title. The licensee shall have such license in his immediate possession at all times when operating a moped.

(c) Regulations applicable to bicycles shall apply whenever a moped is operated upon any public road or upon any path set aside for the exclusive use of bicycles.

(d) Mopeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The registration and re-registration fee for mopeds shall be five dollars ($5.00) for a three-year registration period. Upon registration of a moped, the Division of Motor Vehicles shall issue a decal or a distinctive number

plate to be affixed to the moped as indicia of registration."

Approved May 26, 1977.