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DelawareHB 439153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES.

Sponsored By: Kamela T Smith (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Clearer moped labels and dealer advertising

Delaware dealers and agents cannot market mopeds or motorcycles as bicycles, electric bicycles, electric bikes, e-bikes, or similar terms. This covers sales, offers for sale, rentals, and leases. They also cannot offer these vehicles with class 1, 2, or 3 electric bicycle labels. Their ads cannot say mopeds or motorcycles are legal on public pathways or bike lanes. The law also expands the moped definition, while excluding electric bicycles. Mopeds have two wheels at least 10 inches across and either engines under 55 cubic centimeters or electric motors under 2,000 watts. Motor assistance can continue above 20 miles per hour, or above 28 miles per hour while pedaling.

Electric moped buyers get written warnings

Before an electric moped or motorcycle sale, dealers or agents must give buyers a state-approved written disclosure, including for online purchases. It lists the vehicle's legal class, name, maximum motor power, top speed, and warnings about vehicle laws and possible insurance limits. Buyers must sign it, and a copy must accompany the title application sent to Delaware's Division of Motor Vehicles. The law also expands off-highway vehicle dealer coverage to dealers north of the Chesapeake and Delaware Canal. It covers sellers delivering off-highway vehicles into Delaware through mail orders, websites, social media, or other online channels, wherever located. The off-highway vehicle definition now includes mopeds and motorcycles capable of cross-country travel; snowmobiles remain excluded.

Public crash reports show vehicle types

Crash data on the state-managed website must identify involvement of pedestrians, bicycles, electric bicycles, mopeds, or motorcycles. The Department of Safety and Homeland Security still decides which other data to release without personal identifying details.

Moped riders face new path limits

Mopeds and tripeds cannot use bike lanes, sidewalks, or pathways closed to motor vehicles. This limits riders' access while protecting people using those spaces. Moped and triped riders must follow bicycle rules on public roads. The law removes bicycle-only paths from the places where that bicycle-rule requirement applies.

Sponsors & Cosponsors

Sponsor

  • Kamela T Smith

    Democratic • House

Cosponsors

  • Mara Gorman

    Democratic • House

  • Krista Griffith

    Democratic • House

  • Kerri Evelyn Harris

    Democratic • House

  • Debra Heffernan

    Democratic • House

  • Jeff Hilovsky

    Republican • House

  • Kyra L. Hoffner

    Democratic • Senate

  • S. Elizabeth Lockman

    Democratic • Senate

  • Edward S. Osienski

    Democratic • House

  • Nicole Poore

    Democratic • Senate

  • Cyndie Romer

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • David L. Wilson

    Republican • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 439 - Signed by Governor

    9/24/2026Governor

  2. HS 1 for HB 439 - Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  3. HS 1 for HB 439 - Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits

    6/23/2026Senate

  4. HS 1 for HB 439 - Assigned to Environment, Energy & Transportation Committee in Senate

    6/18/2026Senate

  5. HS 1 for HB 439 - Passed By House. Votes: 39 YES 1 NO 1 ABSENT

    6/18/2026House

  6. Substituted in House by HS 1 for HB 439

    6/16/2026House

  7. Reported Out of Committee (Public Safety & Homeland Security) in House with 6 On Its Merits

    6/9/2026House

  8. Introduced and Assigned to Public Safety & Homeland Security Committee in House

    5/21/2026House

Bill Text

  • Current

    5/21/2026

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