CHAPTER 305

FORMERLY

HOUSE BILL NO. 446

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 RELATING TO REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 6821, Title 21 of the Delaware Code by numbering the existing Section as "(a)".

Further Amend § 6821, Title 21 of the Delaware Code by adding a new Subsection "(b)" thereto to read as follows:

"(b) Penalties.

(1) A person who violates Subsection (a) of this Section shall be subject to the following penalties:

(A) for the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may be suspended 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). 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.".

Approved June 20, 2002