CHAPTER 10

FORMERLY

SENATE BILL NO. 17

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LOW-SPEED VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-Thirds of all members elected to each House thereof concurring therein):Section 1. Amend Title 21, Chapter 21 of the Delaware Code by adding thereto a new §2113A. to read as follows:

Ҥ2113A. Low-Speed Vehicles.

(a) Definition. Low-speed vehicle means a 4-wheeled motor vehicle, other than a truck, whose speed attainable in one (1) mile is more than twenty (20) miles per hour but no more than twenty-five (25) miles per hour on a paved level surface. The low-speed vehicle shall be limited to a gross vehicle weight rating (GVWR) of less than 2,500 pounds.

(b) Operation of Low-Speed Vehicles. Low-speed vehicles shall only be operated on roads where the posted speed limit is not more than thirty-five (35) miles per hour. A low-speed vehicle may cross a highway at an intersection where the highway has a posted speed limit of more than thirty-five (35) miles per hour. Low-speed vehicles shall not be operated on dual highways, as defined in 17 Delaware Code §135 and located in the unincorporated portions of the State, except as needed to cross them. Low speed vehicles may be operated on such dual highways within incorporated cities and towns if the respective municipal government enacts an ordinance permitting such movement, subject to the other limitations of this section. All low-speed vehicles shall meet the requirements of Part 49, §571.500 of the Code of Federal Regulations.

(c) Driver’s License Requirement. All persons operating a low-speed vehicle on the highways of this State shall hold a valid driver’s license.

(d) Safety Inspections. Low-speed vehicles shall be exempt from Delaware’s safety inspection. Division of Motor Vehicles personnel will verify the Vehicle Identification Number on those vehicles titled in another jurisdiction, which are being titled in Delaware for the first time. A fee of fifteen dollars ($15.00) shall be charged for Division of Motor Vehicles technicians to perform offsite Vehicle Identification Number verification. Upon registration and renewal of a low-speed vehicle’s registration, the owner shall certify, under penalty of perjury, that all lights, brakes, tires, seat belts and other vehicle equipment are in good working condition.

(e) Insurance. Low-speed vehicles shall be required to maintain insurance as required by Delaware Title 21, §2118. Delaware automobile insurance companies may provide automobile insurance on these vehicles at their option. These automobile insurance companies shall not be mandated to provide insurance on low-speed vehicles by regulation or law.

(f) Title and Registration. Low-speed vehicles shall be titled as specified in Title 21, Chapters 23 and 25 of the Delaware Code. The manufacturer’s certificate of origin and Delaware title shall clearly identify the vehicle as a low-speed vehicle. The Division shall not issue Vehicle Identification Numbers to homemade low-speed vehicles or retrofitted golf carts unless these vehicles meet all of the requirements of the Federal Motor Vehicle Safety Standard, Part 49, §571.500, of the Code of Federal Regulations. Normal title and document fees shall be charged to register a low-speed vehicle in Delaware.

(1) Registration fees shall be the same as a normal passenger vehicle as defined in Title 21, §2151(2). Registration periods shall comply with Title 21, §2109 and §2110. A regular license plate shall be displayed on the rear of the vehicle.

(g) Dealer Requirements. Any person engaged in the retail sale of low-speed vehicles must be licensed by the Division of Motor Vehicles as a licensed motor vehicle dealer, must comply with all of the requirements of Title 21, Chapter 63, and must meet all Division of Motor Vehicles rules and regulations.

(h) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both.”

Approved April 14, 2007