DelawareHS 1 for HB 439153rd General Assembly (2024–2026)House

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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Moped riders face tighter travel limits

Moped and triped riders cannot use bike lanes, sidewalks, or paths closed to motor vehicles. Interstate and limited-access highways and operating railroad rights-of-way remain off-limits, apart from the law's crossing exceptions. Bicycle rules apply when these vehicles are used on public roads. The law no longer extends those bicycle rules to paths reserved only for bicycles.

New vehicle rules for moped riders

Delaware's moped definition covers vehicles with two wheels in tandem, at least one measuring 10 inches in maximum diameter. They have engines under 55 cc or electric motors under 2,000 watts meeting the law's speed criteria. For electric motors, those criteria are powered travel above 20 mph or pedal help above 28 mph. Electric bicycles are excluded, and qualifying mopeds are not motorcycles. Mopeds also fall under off-highway vehicle laws, which exclude electric bicycles, electric personal assistive mobility devices, and snowmobiles.

Online off-road sellers face dealer rules

Online sellers count as off-highway vehicle dealers when they offer vehicles for final delivery north of Delaware's Chesapeake and Delaware Canal. This includes offers through websites, social media, and other online channels. The rule applies regardless of where the seller is located. These sellers must follow Delaware's off-highway vehicle dealer requirements.

Sponsors & Cosponsors

Sponsor

Kamela T Smith
Democratic • House

Cosponsors

Franklin D. Cooke
Democratic • House
Kerri Evelyn Harris
Democratic • House
Nicole Poore
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 60 • No: 1

Senate vote • 6/30/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/18/2026