Delaware has enacted a law to define and regulate the use of Electric Personal Assistive Mobility Devices (EPAMDs), also known as hoverboards. EPAMDs are defined as self-balancing, two-wheeled devices with an electric propulsion system that limit their maximum speed to 15 miles per hour or less.
Under the law, EPAMDs are allowed to be operated on sidewalks and bike ways, with certain restrictions. The speed limit for EPAMDs on sidewalks is eight miles per hour, and they must yield the right-of-way to pedestrians and human powered devices. EPAMDs can also be operated on public highways in specific circumstances, such as making a direct crossing of a highway in a marked or unmarked crosswalk, when no sidewalk is available, or when directed by a traffic control device or a peace officer.
EPAMD operators are required to ride as close to the right-hand edge of the highway as possible and are prohibited from operating on highways with a speed limit of more than 30 miles per hour, except for direct crossings in marked crosswalks. Operators under the age of 16 must wear a properly fitted and fastened bicycle helmet. EPAMD operators must obey all traffic control devices and exercise due care.
EPAMDs do not require a license plate or registration with the Division of Motor Vehicles. They must be equipped with front, rear, and side reflectors, a system to bring the device to a controlled stop, and a lamp emitting a white light if operated between one-half hour after sunset and one-half hour before sunrise. However, these provisions are satisfied if the operator wears a headlight and reflectors on their person.
No proof of financial responsibility is required for operating an EPAMD.
Violations of the regulations can result in warnings, fines, and impoundment of the EPAMD. The first offense for violations such as exceeding speed limits or disobeying traffic control devices may result in a warning, while subsequent offenses can lead to fines or impoundment of the EPAMD for up to 30 days. Violations related to operating an EPAMD under the influence of intoxicating substances can result in fines or imprisonment.
Local jurisdictions are allowed to regulate the time, place, and manner of EPAMD operation through ordinances, rules, or regulations, but they cannot prohibit their use.
Delaware, located in the Mid-Atlantic region of the United States, is the second smallest state in terms of area and the sixth least populous state. It is bordered by Pennsylvania to the north, Maryland to the south and west, and New Jersey to the northeast. The state’s capital is Dover, and its largest city is Wilmington. Delaware is known for being the first state to ratify the United States Constitution, earning it the nickname “The First State.” Some well-known cities in Delaware include Newark, Middletown, and Smyrna.
Citations: https://law.justia.com/codes/delaware/2017/title-21/chapter-41/subchapter-xii/section-4198o/