Off-Highway Vehicle (OHV)/Private Roadways/Clarification, the official text

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:

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

2 insertions as shown by underline as follows:

3   Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES

4   § 6821. Operation of OHVs — On property.

5   (a) A person shall not operate an OHV upon any property in either public or private ownership without the express

6 permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the

7 person in control of the property. For the purposes of this chapter, operating an OHV on shared private roadways is

8 presumed to be unauthorized.

9   (b) Penalties. — (1) A person who violates subsection (a) of this section shall be subject to the following

10 penalties:

11                 a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30

12  days, which may be suspended by the court.

13                 b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded

14  for a minimum of 60 days from date of conviction. A subsequent offense, before being punishable as such, shall

15  have been committed within 24 months after commission of the first offense.

16                 c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have

17  been paid by the OHV owner or, if the fine is appealed, once the owner has complied with the court’s decision or

18  the court decides the owner and/or operator is not guilty of the offense under subsection (a) of this section. The

19  owner will not be responsible for impoundment costs if found not guilty by the court.

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

21  violation of this section.

22  § 6831. Penalties.

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23  A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless

24 otherwise provided for in this chapter.

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

26  OHV at the time of conviction.

27  (2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar

28  off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory

29  minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.

30  (3) In addition to impoundment of an OHV for up to 100 days upon conviction, a uniformed police, peace, or

31  environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded

32  pending the resolution of charges if that law-enforcement officer has probable cause to believe that the OHV was used

33  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.

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