(a) For purposes of this section, “advertisement” means as defined in § 2511 of Title 6.

(b) A commercial seller or an agent of a commercial seller may not sell, offer for sale, rent, or lease an electric moped or electric motorcycle using the terms “bicycle,” “electric bicycle,” “electric bike,” “e-bike,” or other similar term.

(c) A commercial seller or an agent of a commercial seller may not sell, offer for sale, rent, or lease an electric moped or electric motorcycle with a label that identifies the device as a “class 1 electric bicycle,” “class 2 electric bicycle,” or “class 3 electric bicycle,” as defined under § 101 of Title 21.

(d) A commercial seller or an agent of a commercial seller may not represent in any advertisement that it is legal to operate an electric moped or electric motorcycle on a public pathway or bike lane.

(e) In any advertisement for an electric moped or electric motorcycle, a commercial seller or agent of a commercial seller must disclose clearly and conspicuously and in a manner designed to attract the attention of a consumer all of the following:

(1) The legal classification and name of the vehicle as defined by Delaware law.

(2) The maximum power of the vehicle’s electric motor in both watts and brake horsepower.

(3) The top speed of the vehicle when powered by the electric motor.

(4) The following statement: “This vehicle is a motor vehicle and subject to applicable motor vehicle laws including registration, operator license, and insurance requirements if used on public roads. Your insurance policies might not provide coverage for crashes involving the use of this vehicle. To determine coverage, you should contact your insurance company or agent.”

(f) Prior to completing a sales transaction for an electric moped or electric motorcycle powered by an electric motor, including a transaction conducted through any online website or other electronic means, a commercial seller or the agent of a commercial seller must provide the buyer with a written disclosure statement containing at least the information required by subsection (e) of this section. The buyer must acknowledge the disclosure as described in this subsection by signing the disclosure statement provided by the commercial seller. A copy of the disclosure statement shall be maintained by the commercial seller for a minimum of 3 years.

(g) A violation of this section shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.

85 Del. Laws, c. 532, § 3;