Delaware law bars unauthorized off-highway vehicle use on property

Riders may operate an off-highway vehicle on property only with express permission. The rule covers property in public or private ownership. The person in control of the property may set restrictions on vehicle use. Use of a shared private roadway is presumed unauthorized. A golf cart is not an off-highway vehicle under this chapter. A violation that damages real or personal property requires repayment for the damage.

The law sets fines and impoundment penalties for violating the property-use rule. A first property-use offense carries a $100 fine and impoundment for up to 30 days. A later offense carries a $1,000 fine and impoundment for at least 60 days. A court may suspend impoundment for a first offense. For a later property-use offense, the vehicle is returned after the fine and impoundment costs are paid or an appeal is resolved. An owner found not guilty does not owe impoundment costs. The later offense must occur within 24 months after the first offense.

A uniformed officer may tow and impound an off-highway vehicle while charges are pending. This applies to uniformed police, peace, or environmental protection officers. The officer must be acting lawfully and have probable cause to believe the vehicle was used in violation of the chapter. The vehicle may be held pending resolution of the charges.