Cedar Creek Landing

At last nights meeting there was some discussion on scooter laws.  I have researched Delaware laws and found information for off-highway vehicles on public or private property.  There is also a lot of information for property damange and such but I know the concern last night was the guidelines for minors:

Operation of OHVs -- Helmets.

A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet on their heads, with the chin straps properly fastened, meeting American National Standards Institute (ANSI) Z-90.1, 1966-1971 specifications or specifications as may be subsequently revised by the American National Standards Institute.

61 Del. Laws, c. 142, § 6.;

§ 6824. Operation of OHVs -- By minors, incompetent persons or persons under mental or physical disabilities.

(a) A person less than 12 years of age may operate an OHV only if:

(1) The person is under the direct supervision of a person who is at least 18 years of age; or

(2) The person is on land owned by or under the control of the person's parent or legal guardian.

(b) Persons 12 years of age and older may operate an OHV without adult supervision provided such use is in compliance with all other provisions of this chapter.

(c) A parent or legal guardian shall not permit a child under the age of 12 to operate an OHV except under the direct supervision of an adult.

(d) The owner of an OHV shall not permit:

(1) The vehicle to be operated by a person under the age of 12 except under direct adult supervision.

Good job Michelle.  I did some research too and found the same thing you did.  Also, here is the definition of "off highway vehicle" and it clearly states that motorcycles and related 2 wheel vehicles are covered in the definition.  Not snowmobiles though.  Since these vehicles are covered and the statute does say private property I see no reason why the Delaware State Police can't enforce the statute in our development for anyone riding a scooter/motorcycle under the age of 12 w/o adult supervision and off their own property.  Plus all must be wearing a helmet.  It also goes back to the parent if the underage person is off their own property w/o adult supervison. This would be a good subject to bring up at our next Community Watch meeting when the DSP liaison officer should be in attendance.

(39) "Off-highway vehicle" or "OHV" means a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an amphibious machine, a ground effect air-cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind. "OHV" does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft. However, nothing in this chapter shall be construed to include snowmobiles.

I know this is a old post and I hope it gets noticed, all the houses that have kids riding motox's and have cars parked on the lawns are rental houses. Nothing wrong about renting your home, what's wrong with it is that there is no process inforced for the rental of homes in our development. Many older housing developments are targets of landlords who don't or can't go through a property management company. Most are section 8 homes, those landlords could care less about your homes value. In fact, they want it to collapse, then they can buy more houses cheap and rent to people on assistance. We need to get a handle on this development, with the new hospital in our backyard we are sitting on a gold mine. People with a credit rating to be able to rent a home, are people with jobs and don't want to move because their kids break rules. They will keep their kids in check.