HB471 • 2025

AN ACT TO AMEND TITLE 21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Harris
Last action: 2026-06-25
Official status: Passed 6/25/26
Effective date: Not listed

Plain English Breakdown

The source text confirms the presumption rule applies specifically to shared private roadways within communities, but does not define what constitutes a community or specific types of shared roads.

HB471: Rules for Off-Highway Vehicles

This law states that driving off-highway vehicles on shared private roads is presumed unauthorized without express permission and sets specific rules for fines, impoundment times, and restitution.

What This Bill Does

Presumes that operating an OHV on shared private roadways within communities is unauthorized unless there is express permission from the person in control of the property.
Sets a fine of $100 and up to 30 days of impoundment for a first offense under Section 6821, which may be suspended by the court.
Requires a $1,000 fine and at least 60 days of impoundment for repeat offenses committed within 24 months under Section 6821.
Sets a general penalty of up to 100 days of impoundment for first-time violations of other parts of the chapter not covered by Section 6821.
Mandates that owners pay restitution for any damage caused to real or personal property resulting from violating these rules.

Who It Names or Affects

People who operate off-highway vehicles (OHVs).
Owners of OHVs whose vehicles may be impounded, fined, or required to pay restitution.
Law enforcement officers and courts handling violations under Title 21, Chapter 68.

Terms To Know

Off-Highway Vehicle (OHV): A vehicle regulated under this chapter for operation on property other than public highways.
Shared private roadways: Private roads within communities where OHV use is presumed unauthorized without permission.
Impoundment: The legal seizure and holding of a vehicle at the owner's expense until fines are paid or court decisions are resolved.

Limits and Unknowns

The effective date is not listed in the provided text.
The bill has passed both chambers but requires action by the Governor to become law.
Specific definitions for what counts as 'express permission' or who exactly controls a property are not detailed beyond general terms.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Harris

Passed 6/18/26

Plain English: This amendment increases fines and vehicle seizure times for repeat off-highway vehicle violations by adding specific penalties for second and third offenses.

The fine for a second offense is increased to $500, with the vehicle impounded for at least 60 days.
A new penalty is added for a third offense within 24 months, which includes a $500 fine and permanent seizure of the vehicle.

The exact text being changed in lines 27 through 30 cannot be fully explained because only the specific words to delete or add are provided.
It is unclear what penalties apply if a third offense happens after more than 24 months.

HA 2

2 • Harris

Passed 6/18/26

Plain English: This amendment updates penalties for off-highway vehicle violations by setting specific fines and vehicle seizure times for first, second, and third offenses.

It sets the fine at $400 with a mandatory minimum 6-month impoundment for a subsequent offense.
It adds a penalty of a $500 fine and a 60-day vehicle seizure for a second offense.
It creates a new rule that a third offense within 24 months results in a $500 fine and permanent vehicle seizure.

The amendment text does not define what counts as the very first offense or its specific penalty, only changes for subsequent ones.
It is unclear from this short excerpt exactly which lines of the original bill are being replaced to create these new tiers.

HA 3

3 • Spiegelman

Passed 6/18/26

Plain English: This amendment changes the law to make sure that golf carts are not treated as off-highway vehicles.

Golf carts will no longer be counted as off-highway vehicles (OHVs) under this chapter of the law.

The amendment text does not explain what rules or regulations now apply to golf carts instead.
It is unclear if other types of small vehicles are affected by this change.

Bill History

2026-06-25 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2026-06-23 Delaware General Assembly
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits
2026-06-18 Delaware General Assembly
Amendment HA 1 to HB 471 - Passed In House by Voice Vote
2026-06-18 Delaware General Assembly
Amendment HA 2 to HB 471 - Introduced and Placed With Bill
2026-06-18 Delaware General Assembly
Amendment HA 2 to HB 471 - Passed In House by Voice Vote
2026-06-18 Delaware General Assembly
Amendment HA 3 to HB 471 - Introduced and Placed With Bill
2026-06-18 Delaware General Assembly
Amendment HA 3 to HB 471 - Passed In House by Voice Vote
2026-06-18 Delaware General Assembly
Passed By House. Votes: 37 YES 4 ABSENT
2026-06-18 Delaware General Assembly
Assigned to Environment, Energy & Transportation Committee in Senate
2026-06-17 Delaware General Assembly
Amendment HA 1 to HB 471 - Introduced and Placed With Bill
2026-06-16 Delaware General Assembly
Reported Out of Committee (Public Safety & Homeland Security) in House with 5 On Its Merits
2026-06-16 Delaware General Assembly
Reported Out of Committee (Public Safety & Homeland Security) in House with 5 On Its Merits
2026-06-10 Delaware General Assembly
Introduced and Assigned to Public Safety & Homeland Security Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES.
This Act clarifies that the operation of an off-highway vehicle (OHV) on shared private roadways within communities is presumed non-permissive. It also clarifies the time period for impoundment of an OHV.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Harris & Sen. Buckson

Reps. Cooke, Ortega, Osienski

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 471

AN ACT TO AMEND TITLE 21 RELATING TO REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 68, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES

§ 6821. Operation of OHVs — On property.

(a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in control of the property.

For the purposes of this chapter, operating an OHV on shared private roadways is presumed to be unauthorized.

(b)

Penalties. —

(1) A person who violates subsection (a) of this section shall be subject to the following penalties:

a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may be suspended by the court.

b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days from date of conviction. A subsequent offense, before being punishable as such, shall have been committed within 24 months after commission of the first offense.

c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV owner or, if the fine is appealed, once the owner has complied with the court’s decision or the court decides the owner and/or operator is not guilty of the offense under subsection (a) of this section. The owner will not be responsible for impoundment costs if found not guilty by the court.

(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation of this section.

§ 6831. Penalties.

A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter.

(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the time of conviction.

(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.

(3) In addition to impoundment of an OHV

for up to 100 days

upon conviction, a uniformed police, peace, or environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded

pending the resolution of charges

if that law-enforcement officer has probable cause to believe that the OHV was used in violation of this chapter.

SYNOPSIS

This Act clarifies that the operation of an off-highway vehicle (OHV) on shared private roadways within communities is presumed non-permissive. It also clarifies the time period for impoundment of an OHV.