reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6406. Lawful service, repair or replacement.

§ 6406. Lawful service, repair or replacement.
(a) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read “0” and a notice in writing shall be attached to the left door frame of the vehicle by the owner or the owner's agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
(b) (1) No person shall fail to adjust an odometer or affix a notice regarding such adjustment as required pursuant to subsection (a) of this section.
(2) No person shall, with intent to defraud, remove or alter any notice affixed to a motor vehicle pursuant to subsection (a) of this section.
62 Del. Laws, c. 255, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6408. Exemptions.

§ 6408. Exemptions.
Notwithstanding the requirements of § 6407 of this title:
(1) A transferor or lessee of any of the following motor vehicles need not disclose the vehicle's odometer mileage:
a. A vehicle having a gross vehicle weight rating of more than 16,000 pounds.
b. A vehicle that is not self-propelled.
c. A vehicle manufactured in or before the 2010 model year that is transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year.
d. A vehicle manufactured in or after the 2011 model year that is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year.
e A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
(2) A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage.
(3) A lessor of any of the vehicles listed in paragraph (1) of this section need not notify the lessee of these vehicles of the disclosure requirements of § 6409 of this title.
69 Del. Laws, c. 113, §  4;  83 Del. Laws, c. 161, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6409. Disclosure of odometer information for leased motor vehicles.

§ 6409. Disclosure of odometer information for leased motor vehicles.
(a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regarding the mileage. This notice shall contain a reference to the federal law and shall state that failing to complete or providing false information may result in a fine and/or imprisonment. Reference may also be made to applicable state law.
(b) In connection with the transfer of ownership of a leased motor vehicle, the lessee shall furnish to the lessor a written statement regarding the mileage of the vehicle. This statement must be signed by the lessee and, in addition to the information required by subsection (a) of this section, shall contain the following information:
(1) The printed name of the person making the disclosure;
(2) The current odometer reading (not to include tenths of miles);
(3) The date of the statement;
(4) The lessee's name and current address;
(5) The lessor's name and current address;
(6) The identity of the vehicle, including its make, model, year, body type and its vehicle identification number;
(7) The date that the lessor notified the lessee of the disclosure requirements;
(8) The date that the completed disclosure statement was received by the lessor; and
(9) The signature of the lessor.
(c) In addition to the information provided under subsections (a) and (b) of this section:
(1) The lessee shall certify that to the best of the lessee's knowledge the odometer reading reflects the actual mileage;
(2) If the lessee knows that the odometer reading reflects a total mileage in excess of the designed mechanical odometer limit, the lessee shall include a statement to that effect; or
(3) If the lessee knows that the odometer reading otherwise differs from the actual mileage and that the difference is greater than that caused by odometer calibration error, the lessee shall include a statement that the odometer reading is not the actual mileage and should not be relied upon.
(d) If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the title the mileage disclosed by the lessee does not reflect the actual mileage of the vehicle.
69 Del. Laws, c. 113, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6411. Power of attorney to review title documents and acknowledge disclosure.

§ 6411. Power of attorney to review title documents and acknowledge disclosure.
(a) In circumstances where part A of a secure power of attorney form has been used pursuant to § 6410 of this title, and if otherwise permitted by State law, a transferee may give a power of attorney to the transferor to review the title and any reassignment documents for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the title. The power of attorney shall be on part B of the form referred to in § 6410(a) of this title, which shall contain a space for the information required to be disclosed under subsections (b)-(e) of this section and, in part C, a space for the certification required to be made under § 6412 of this title.
(b) The power of attorney must include a mileage disclosure from the transferor to the transferee and must be signed by the transferor, including the printed name, and contain the following information:
(1) The odometer reading at the time of transfer (not to include tenths of miles);
(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address; and
(5) The identity of the vehicle, including its make, model year, body type and vehicle identification number.
(c) In addition to the information provided under subsection (b) of this section, the power of attorney form shall refer to the federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the State may result in a fine and/or imprisonment. Reference may also be made to applicable State law.
(d) In addition to the information provided under subsections (b) and (c) of this section:
(1) The transferor shall certify that to the best of the transferor's knowledge the odometer reading reflects the actual mileage;
(2) If the transferor knows that the odometer reading reflects mileage in excess of the designed mechanical odometer limit, the transferor shall include a statement to that effect; or
(3) If the transferor knows that the odometer reading differs from the mileage and the difference is greater than that caused by a calibration error, the transferor shall include a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
(e) The transferee shall sign the power of attorney form, and print the transferee's name.
(f) The transferor shall give a copy of the power of attorney form to the transferee.
69 Del. Laws, c. 113, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6412. Certification by person exercising powers of attorney.

§ 6412. Certification by person exercising powers of attorney.
(a) A person who exercises a power of attorney under both §§ 6410 and 6411 of this title must complete a certification that the person has disclosed on the title document the mileage as it was provided to the person on the power of attorney form, and that upon examination of the title and any reassignment documents, the mileage disclosure made on the title pursuant to the power of attorney is greater than that previously stated on the title and reassignment documents. This certification shall be under part C of the same form as the powers of attorney executed under §§ 6410 and 6411 of this title and shall include:
(1) The signature and printed name of the person exercising the power of attorney;
(2) The address of the person exercising the power of attorney; and
(3) The date of the certification.
(b) If the mileage reflected by the transferor on the power of attorney is less than that previously stated on the title and any reassignment documents, the power of attorney shall be void.
69 Del. Laws, c. 113, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6413. Access of transferee to prior title and power of attorney documents.

§ 6413. Access of transferee to prior title and power of attorney documents.
(a) In circumstances in which a power of attorney has been used pursuant to § 6410 of this title, if a subsequent transferee elects to return to the transferee's transferor to sign the disclosure on the title when the transferor obtains the title and does not give the transferor a power of attorney to review the title and reassignment documents, upon the transferee's request, the transferor shall show to the transferee a copy of the power of attorney received from the previous transferor.
(b) Upon request of a purchaser, a transferor who was granted a power of attorney by the previous transferor and who holds the title to the vehicle in the transferor's own name, must show to the purchaser the copy of the previous owner's title and the power of attorney form.
69 Del. Laws, c. 113, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6414. Odometer disclosure statement retention.

§ 6414. Odometer disclosure statement retention.
(a) Dealers and distributors of motor vehicles who are required by this chapter to execute an odometer disclosure statement shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer mileage statement which they issue and receive. All odometer disclosure statements shall be retained at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
(b) Lessors shall retain each odometer disclosure statement which they receive from a lessee for a period of 5 years following the date they transfer ownership of the leased vehicle. All odometer disclosure statements shall be retained at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
(c) Dealers and distributors of motor vehicles who are granted a power of attorney by their transferor pursuant to § 6410 of this title, or by their transferee pursuant to § 6411 of this title shall retain for 5 years a photostat, carbon or other facsimile copy of each power of attorney that they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6415. Odometer record retention for auction companies.

§ 6415. Odometer record retention for auction companies.
Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for 5 years following the date of sale of each motor vehicle, the following records:
(1) The name of the most recent owner (other than the auction company);
(2) The name of the buyer;
(3) The vehicle identification number; and
(4) The odometer reading on the date which the auction company took possession of the motor vehicle.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6416. Security of title documents.

§ 6416. Security of title documents.
Each title shall be set forth by means of a secure printing process or other secure process. In addition, any other documents which are used to reassign the title shall be set forth by a secure process.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6417. Review of disclosure statements.

§ 6417. Review of disclosure statements.
(a) All disclosure statements and motor vehicles in the possession of a dealer shall be made available for review upon demand by the Division of Motor Vehicles or by its authorized agents.
(b) The Secretary shall have the authority to promulgate regulations for administering this chapter.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6418. Responsibilities of motor vehicle dealers.

§ 6418. Responsibilities of motor vehicle dealers.
(a) No motor vehicle dealer, licensed in accordance with this title and Title 30 shall purchase or accept any motor vehicle unless the seller has indicated the mileage on a disclosure statement pursuant to this chapter.
(b) No licensed motor vehicle dealer shall have in possession as inventory for sale any used motor vehicle for which the dealer does not have in possession the disclosure statement required under this chapter.
(c) A licensed motor vehicle dealer reassigning or transferring a certificate of ownership shall not be guilty of a violation of this section if such dealer has in possession the disclosure statement as required by this chapter and if the dealer has no knowledge that the statement is false and that the odometer does not reflect the vehicle's actual mileage.
69 Del. Laws, c. 113, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6419. Documents acceptable as odometer disclosure statements.

§ 6419. Documents acceptable as odometer disclosure statements.
(a) Except as provided in subsections (b) and (c) of this section, any Delaware certificate of title issued which includes the odometer disclosure information, as prescribed by this chapter, shall satisfy all the requirements for issuance of odometer disclosure statements by dealers licensed in the State.
(b) Nothing in this section shall exempt a dealer and/or dealership from complying with the provisions of § 6418 of this title.
(c) Any manufacturer's statement of origin accompanying an “original application for a Delaware certificate of title” shall satisfy the requirements of the odometer disclosure statement as provided in this chapter.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6420. Penalties; jurisdiction.

§ 6420. Penalties; jurisdiction.
(a) Any person who violates any of the provisions of § 6404(a) of this title, shall be fined not less than $10 nor more than $100.
(b) Any person who violates any provisions in this chapter except § 6404(a) of this title shall be guilty of a misdemeanor and shall be fined not less than $1,000 nor more than $5,000 for each such violation. Any person who is guilty of a second or subsequent violation of this chapter except § 6404(a) of this title shall be fined not less than $2,000 nor more than $10,000 for each subsequent violation.
(c) In the case of a first offense by a dealer or dealership, such dealer or dealership may be placed on probation as a licensed Delaware motor vehicle dealer by the Division of Motor Vehicles for a period of 1 year. Any violation of this chapter by a dealer or dealership during any year of probation may result in the suspension of the license of the dealer or dealership for a period not exceeding 1 year.
(d) In the case of a second or subsequent violation of this chapter by a dealer or dealership, the Division of Motor Vehicles may suspend the license and/or privileges of the dealer or dealership for a period not to exceed 1 year.
(e) Common Pleas Court shall have jurisdiction violations of this chapter.
69 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6701. Injuring vehicle or obstructing its operation.

§ 6701. Injuring vehicle or obstructing its operation.
No person shall, individually or in association with 1 or more others, wilfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle or shall in any other manner wilfully or maliciously interfere with or prevent the running or operation of such vehicle.
36 Del. Laws, c. 10, §  30;  Code 1935, §  5568;  21 Del. C. 1953, §  6701;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6702. Driving vehicle without consent of owner.

§ 6702. Driving vehicle without consent of owner.
(a) No person shall drive another person's vehicle without the consent of the owner thereof, and with intent temporarily to deprive the owner of possession of such vehicle, but without intent to steal the vehicle. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.
(b) Whoever violates this section shall be fined not less than $115 nor more than $575, or imprisoned not more than 90 days, or both; for each subsequent like offense the person shall be fined not less than $230 and imprisoned for not less than 30 days nor more than 2 years.
36 Del. Laws, c. 10, §  28;  37 Del. Laws, c. 10, §  9;  Code 1935, §  5566;  21 Del. C. 1953, §  6702;  53 Del. Laws, c. 358;  68 Del. Laws, c. 9, §  58;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6703. Tampering with vehicle.

§ 6703. Tampering with vehicle.
No person shall, without the consent of the owner or person in charge of a vehicle, climb into or upon such vehicle with the intent to commit any crime, malicious mischief or injury thereto or, while a vehicle is at rest and unattended, attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof or to set the vehicle in motion.
This section shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
36 Del. Laws, c. 10, §  31;  Code 1935, §  5569;  21 Del. C. 1953, §  6703;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6704. Receiving or transferring stolen vehicle; penalty.

§ 6704. Receiving or transferring stolen vehicle; penalty.
Whoever, with intent to procure or pass title to a motor vehicle or vehicle which the person knows or has reason to believe has been stolen, receives or transfers possession of the same from or to another or has in possession any motor vehicle or vehicle which the person knows or has reason to believe has been stolen and who is not an officer of the law engaged at the time in the performance of duty as such officer, is guilty of a felony and shall be fined not less than $575 nor more than $5,750, or imprisoned not less than 1 year nor more than 5 years or both.
36 Del. Laws, c. 10, §§  29, 33;  Code 1935, §§  5567, 5571;  21 Del. C. 1953, §  6704;  57 Del. Laws, c. 547;  68 Del. Laws, c. 9, §  60;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6706. Seizure of vehicle where number is altered or removed.

§ 6706. Seizure of vehicle where number is altered or removed.
(a) Any member of the State Highway Police or any automobile inspector shall summarily seize in the name of the State and take from any person, other than the rightful owner thereof, any motorcycle or motor vehicle or other vehicle in the person's possession, if the manufacturer's serial number or any other manufacturer's trade or distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed or wherever there is reasonable grounds to believe such serial number, trade number or other distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed. The officer making the seizure shall at once deliver the motorcycle or motor vehicle or other vehicle to the Secretary of Safety and Homeland Security (hereinafter “Secretary”) who may hold the motor vehicle or other vehicle until the Secretary has determined the true owner thereof. Upon such determination, the Secretary shall notify the true owner that the Secretary has such motorcycle or motor vehicle or other vehicle in possession, and the Secretary shall deliver the same to such owner upon payment to the Secretary of the cost of the delivery.
(b) The Secretary of Safety and Homeland Security shall hold in possession any motorcycle or motor vehicle or other vehicle seized under subsection (a) of this section for at least 10 days after such seizure, during which time the person from whom the vehicle was taken shall have the right to replevy it.
(c) If, at the end of 10 days, the person from whom the said vehicle or engine has been seized fails to provide the Director of the Division of Motor Vehicles, or 1 of the Director's authorized agents, sufficient proof of the origin and the ownership of a vehicle and the origin of its engine, the vehicle or engine shall be considered abandoned and disposed of pursuant to Chapter 44 of this title.
36 Del. Laws, c. 10, §  140;  Code 1935, §  5678;  42 Del. Laws, c. 167, §  2;  21 Del. C. 1953, §  6706;  57 Del. Laws, c. 546, §§  1-3;  57 Del. Laws, c. 670, §  20;  59 Del. Laws, c. 543, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §§  111, 112;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6707. Penalty.

§ 6707. Penalty.
(a) Whoever violates this chapter shall be fined not less than $28.75 nor more than $115, or imprisoned not less than 30 days nor more than 90 days or both. For each subsequent like offense the person shall be fined not less than $115 nor more than $230, or imprisoned not less than 90 days nor more than 6 months or both.
(b) This section shall not apply to violations for which a specific punishment is provided in this chapter.
36 Del. Laws, c. 10, §  32;  37 Del. Laws, c. 10, §  10;  Code 1935, §  5570;  21 Del. C. 1953, §  6707;  68 Del. Laws, c. 9, §  59;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6708. Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card; class E felony; penalty.

§ 6708. Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card; class E felony; penalty.
(a) No person, unless duly authorized by the Director of the Division of Motor Vehicles, shall have in possession any blank certificate of title, blank registration card, blank vehicle identification plate, warranty sticker or vehicle inspection card.
(b) No person, unless duly authorized by the Director of the Division of Motor Vehicles, shall sell or deliver any blank certificate of title, blank registration card, vehicle identification plate, warranty sticker or vehicle inspection card.
(c) Any person found guilty of the violation of this section shall be guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
59 Del. Laws, c. 542, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; penalty; class E felony.

§ 6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; penalty; class E felony.
(a) No person, unless duly authorized by the Director of the Division of Motor Vehicles or an agent of the Director, shall remove or alter a vehicle identification plate, warranty or certification sticker or confidential vehicle identification number from any motor vehicle, trailer or semitrailer, or part thereof, or have in possession any motor vehicle, trailer or semitrailer, or part thereof, where the vehicle identification plate, warranty or certification sticker or confidential vehicle identification number has been removed without first obtaining permission, in writing, from the said Director.
(b) Any person found guilty of the violation of this section shall be guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
59 Del. Laws, c. 557, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter I. General Provisions › § 6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty; class E felony.

§ 6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty; class E felony.
(a) No person shall have in possession an assigned certificate of title, registration card, vehicle identification plate or warranty sticker or deliver for sale any assigned certificate of title, registration card, vehicle identification plate or warranty sticker unless such motor vehicle document is accompanied by 75% of the vehicle described on the assigned certificate of title, registration card, vehicle identification plate or warranty sticker.
(b) Any person found guilty of a violation of this section shall be guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
59 Del. Laws, c. 558, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES › Subchapter II. Salvage Yards › § 6715. Rebuilt motor vehicles.

§ 6715. Rebuilt motor vehicles.
If any vehicle being kept in a motor vehicle salvage yard or junkyard is rebuilt and application is made for a negotiable title to the vehicle, said vehicle shall be examined by members of the State Police Auto Theft Unit or by a person designated by the Director of the Division of Motor Vehicles prior to the issuance of any negotiable title to such vehicle.
59 Del. Laws, c. 544, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6801. OHV registration — Required.

§ 6801. OHV registration — Required.
(a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway except as hereinafter specifically provided. No person shall sell an OHV without furnishing the buyer a bill of sale.
(b) Proof of such registration shall be available for inspection upon demand by any peace, environmental protection or law-enforcement officer; however, the operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained under this chapter, such registration having been legally issued at a time prior to the operator's arrest.
(c) Snowmobiles are excluded from this chapter.
61 Del. Laws, c. 142, §  6;  66 Del. Laws, c. 222, §§  1, 2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6802. OHV registration — Application; issuance.

§ 6802. OHV registration — Application; issuance.
Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this title in such form and in such manner as the Department shall prescribe and shall state the name and address of every owner and be signed by at least 1 owner. Upon receipt of the application and the appropriate fee as provided in § 6803 of this title, such OHV shall be registered and a registration number decal assigned which shall be affixed to the OHV in such manner as provided in § 6805 of this title. In the event that an off-highway vehicle sought to be registered or reregistered does not, after inspection and testing, comply with the provisions respecting equipment established by this chapter or by the regulations of the Department promulgated pursuant to this chapter, the Department may deny the issuance of a registration certificate.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6803. OHV registration — Fees.

§ 6803. OHV registration — Fees.
(a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (b) of this section, shall be $6.00 for 3 years. The fee for a duplicate registration certificate shall be $2.00. The fee for a duplicate registration number decal shall be $2.00. The fee for a transfer of registration certificate shall be $2.00. All fees shall be waived for OHVs owned and used by the United States, or other state or of this State or political subdivision thereof.
(b) OHVs owned by a licensed OHV dealer, as specified in § 6809 of this title, and operated for demonstration or testing purposes are exempt from a registration fee.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6804. OHV registration — Renewal of registration.

§ 6804. OHV registration — Renewal of registration.
Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon payment of the same registration fees provided in § 6803 of this title.
61 Del. Laws, c. 142, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6805. OHV registration — Procedure.

§ 6805. OHV registration — Procedure.
(a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner and such other information as the Department deems necessary. The Department shall also issue 1 registration number decal per OHV. Such number decal shall contain reference to the State and the registration number and shall be of such size and displayed in such manner as prescribed by the Department. Records of the Department made or kept pursuant to this chapter shall be public records except as otherwise provided.
(b) Upon receipt of the required fee and an application form prescribed by it, the Department shall issue to the applying dealer or manufacturer 10 registration number decals with additional decals being available for a fee of $2.00 per decal.
(c) If a registration certificate or decal is lost or destroyed, the owner may apply for a duplicate on forms provided for by the Department accompanied by a fee of $2.00. Upon receipt of a proper application and the required fee, the Department shall issue a duplicate registration certificate or number decal to the owner.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6806. Surrender of registration certificate.

§ 6806. Surrender of registration certificate.
(a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an interest therein transferred either wholly or in part to another person or if the owner's address no longer conforms to the address appearing on the registration certificate. The notice shall consist of a surrender of the registration certificate on which the proper information shall be noted or written notice to the Department that the registration certificate has been stolen.
(b) When surrender of the certificate is because the OHV has been destroyed or abandoned or has been stolen, the Department shall cancel the certificate and enter such fact in its records. If the surrender is because of a change of address of the owner, the new address shall be recorded by the Department and a registration certificate bearing such information shall be returned to the owner. The transferee of a vehicle registered under this chapter, within 15 days after acquiring it, shall apply to the Department for transfer to the transferee of the registration certificate issued to the OHV, giving the transferee's name, address and the number of the vehicle and pay the Department a fee of $2.00. Upon receipt of the application and fee, the Department shall transfer the registration certificate issued for the OHV to the new owner. Unless the application is made and the fee paid within 15 days, the vehicle shall be deemed to be without a registration certificate and no person shall operate the OHV until a certificate is issued.
61 Del. Laws, c. 142, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6807. Out-of-state OHV registration.

§ 6807. Out-of-state OHV registration.
The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated by a resident of a state or county where registration is not required. The fee for this decal shall be $6.00.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6808. Age requirements.

§ 6808. Age requirements.
No application for an original certificate of registration shall be accepted by the Department from any person under 18 years of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6809. OHV dealer license required.

§ 6809. OHV dealer license required.
OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for 3 years. OHV dealer licenses are not transferable and may be revoked for violation of such rules and regulations as may be specified for that privilege. OHV dealers shall be required to carry personal liability insurance in an amount at least equal to that required of dealers under no-fault insurance provisions or as otherwise specified by the Department.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6810. Exceptions and exemptions to OHV registration.

§ 6810. Exceptions and exemptions to OHV registration.
(a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions of this chapter.
(b) Registration is not required for an OHV which is operated exclusively in a special event upon a special area location of limited duration which is conducted according to a prearranged schedule under a permit from the governmental unit having jurisdiction.
(c) No registration hereunder shall be required for the following described off-highway vehicles:
(1) OHVs covered by a valid registration of another state or country and which have not been within this State for more than 15 consecutive days.
(2) OHVs being operated by a resident of a state or country which does not require off-highway vehicle registration and which have been issued a 1-year permit sticker as provided for in § 6807 of this title.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6811. Vehicle identification number.

§ 6811. Vehicle identification number.
(a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identification number shall be entered on the registration certificate issued by the Department to the OHV owner.
(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable by the penalties in § 6831 of this title.
61 Del. Laws, c. 142, §  6;  68 Del. Laws, c. 9, §  63;  76 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6812. Special vehicles.

§ 6812. Special vehicles.
The owner of a specially constructed or reconstructed OHV may make application, accompanied by the required fees, in such form as may be prescribed by the Department, for a special vehicle identifying number. The owner shall furnish such information as will satisfy the Department that the person is the owner, whereupon the Department shall assign a special vehicle identification number for the vehicle. The owner shall cause said number to be affixed as directed by the Department. Such special number shall be regarded as the permanent vehicle identification number of said vehicle.
61 Del. Laws, c. 142, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6813. Specific OHV dealer responsibilities for rented or leased OHVs.

§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs.
(a) A dealer shall maintain in safe operating condition an OHV offered for rent or lease by the dealer. The dealer, the dealer's agents or employees shall explain the operation of the OHV being rented or leased and if the dealer, the dealer's agent or employee believes that person to whom the OHV is to be rented or leased is not competent to operate the OHV with personal safety or safety to others, the dealer shall refuse to rent or lease such OHV.
(b) The Department shall require such insurance and compliance with such additional rules and regulations regarding rental or lease of OHVs as it may deem necessary.
61 Del. Laws, c. 142, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6814. Operation of OHVs — Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.

§ 6814. Operation of OHVs — Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.
(a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State except under the following conditions:
(1) An OHV may be pushed across or along such public way provided such OHV is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance with Chapter 41 of this title.
(2) An OHV may be operated on a street or highway located within this State for a special event of limited duration, conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction.
(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties in § 6831 of this title.
61 Del. Laws, c. 142, §  6;  65 Del. Laws, c. 112, §§  1, 2;  65 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 295, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6815. Operation of OHVs — Excessive rate of speed.

§ 6815. Operation of OHVs — Excessive rate of speed.
A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6816. Operation of OHVs — While under the influence or with a prohibited alcohol or drug content.

§ 6816. Operation of OHVs — While under the influence or with a prohibited alcohol or drug content.
A person shall not operate an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title. A violation of this section shall be an unclassified misdemeanor.
(1) When such operation is upon private property with the express permission of the person in control of the property or such operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions of this chapter shall apply.
(2) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof located within this State.
(3) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation causes physical injury, serious physical injury, or death to another person. Nothing in this section shall preclude conviction for a violation of either this section or § 4177 of this title and any offense as defined elsewhere in this Code.
61 Del. Laws, c. 142, §  6;  77 Del. Laws, c. 60, §  17;  78 Del. Laws, c. 250, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6817. Operation of OHVs — Without lights.

§ 6817. Operation of OHVs — Without lights.
A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and lighted taillight.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6818. Operation of OHVs — Without brakes.

§ 6818. Operation of OHVs — Without brakes.
A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement of and to stop and to hold such OHV.
61 Del. Laws, c. 142, §  6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6819. Operation of OHVs — In a manner causing damage or disturbance.

§ 6819. Operation of OHVs — In a manner causing damage or disturbance.
(a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative resources, or endanger, disturb or annoy other persons or property. Disturbance or annoyance of other persons shall be presumed if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining party. However, nothing in this subsection shall be construed as prohibiting the operation of OHVs at a race track designed for the lawful racing of said vehicles.
(b) The operator of the OHV shall be held liable for any damage to private property, including, but not limited to, damage to trees, shrubs or growing crops, injury to living creatures or damage through OHV operation in a manner so as to maliciously create erosive or other ecological damage to private property. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the OHV.
(c) The owner of such private property may recover from the person responsible nominal damages of not less than the amount of damage or injury.
61 Del. Laws, c. 142, §  6;  68 Del. Laws, c. 424, §  1;  69 Del. Laws, c. 219, §§  1, 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES › § 6820. Operation of OHVs — Without spark arrestor type muffler.

§ 6820. Operation of OHVs — Without spark arrestor type muffler.
(a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order and in constant operation, from which noise emission under 60% of the maximum RPM, measured at 50 feet at right angles from the vehicle path on a constant speed pass, by measurement does not exceed 88 DBA on a sound level meter which meets the requirements of ANSI-514197, using procedure and ancillary equipment therein described. During the test procedure, the ambient sound including wind effects due to sources other than the OHV being measured shall be at least 10 DBA lower than the anticipated level of the test OHV. A vehicle subject to this chapter, manufactured or assembled after January 1, 1978, and used, sold or offered for sale in this State shall conform to the noise emission levels of this chapter unless preempted by federal E.P.A. legislation.
(b) Competition vehicles shall be exempted from this section only while in competition.
61 Del. Laws, c. 142, §  6;