Electric Scooter Laws in Delaware – Complete Guide 2025

Summary Delaware Electric Scooter Law

• Classification: Motorized skateboard/scooter (Title 21, § 4198N)
• Min age: None
• Helmet required: Not specified in state law
• Max speed: N/A due to ban
• License: N/A; Registration: N/A
• Sidewalk riding allowed: No
• Bike lane access: No
• Scooter sharing present: No
• Last checked: August 30, 2025

Complete Ban on Electric Scooter Use

Delaware doesn’t mess around when it comes to electric scooters. The state has implemented the most restrictive policies in the nation, essentially banning motorized skateboards and scooters from all types of public usage. This makes Delaware particularly unfriendly towards e-scooter enthusiasts.

Official Legal Framework

Delaware’s electric scooter regulations fall under Title 21, Chapter 41, Subchapter XII, § 4198N of the Delaware Code. The law defines these devices broadly and prohibits their operation on public property with very limited exceptions.

The statute requires anyone selling a new motorized scooter to obtain a signed, witnessed statement from the purchaser acknowledging that the scooters cannot be operated on Delaware public highways or sidewalks. That’s how serious Delaware is about its ban.

Where You Cannot Ride

Here’s where things get crystal clear in Delaware:

That’s it. The riding opportunities in Delaware are extremely limited.

Equipment & Vehicle Requirements

Delaware defines a “motorized skateboard or scooter” as any device designed to travel on at least two wheels with a deck close to the ground, handlebars or hand-controlled throttle/brake, designed to be stood or sat upon by the operator, and powered by a motor capable of propelling the device without human power.

Since these devices are banned from public use, Delaware doesn’t need to specify any equipment requirements.

Rider Requirements

Age restrictions: It is said that riders under 12 years of age may only operate a motorized skateboard or scooter if they’re under direct supervision of someone at least 18 years old, or if they’re on land owned by or under control of their parent or legal guardian.

Licensing: Not required (since public operation is prohibited)

Helmet laws: No specific helmet law for electric scooters

Alcohol/drug rules: N/A

Parking, Storage & Riding Etiquette

Since public operation is banned, parking and storage regulations don’t apply. However, if you’re riding on private property, storing your ride dry, warm and safely is still important.

Enforcement & Penalties

Delaware takes enforcement seriously. Law enforcement, peace officers, police, and environmental protection officers are empowered to enforce the ban and any penalties that follow.

The penalties for violations can be significant, and since the devices are outright banned rather than regulated, any public use constitutes a violation. The most common penalty is a $100 fine.

Insurance & Liability

If you’re riding on private property, standard liability principles still apply. Property owners and parents of minors could face liability for accidents or property damage.

Local Exceptions to State Law

Here’s where things get interesting. Delaware law allows municipalities with populations exceeding 50,000 to implement ordinances regulating motorized skateboard or scooter use, even if those ordinances are inconsistent with state law.

Wilmington (population ~70,000) is the only Delaware municipality large enough to qualify for this exception. However, as of now, Wilmington has not implemented any ordinances that would override the state prohibition.

Other major Delaware cities like Dover (~38,000) and Newark (~33,000) don’t meet the population threshold and must follow the statewide ban.

Special Circumstances

School zones: The statewide ban applies, making this moot

ADA considerations: Not applicable since all type of riding is banned

Construction zones: Covered under the general public highway prohibition

Rental vs. private ownership: No distinction in the law since all public operation is banned

Cargo/passengers: Not addressed since public operation is prohibited

FAQs

Do I need a license? No, because you can’t legally ride on public property anyway.

Can I ride at night? Only on private property where you have permission.

What about bike paths or trails? If they’re on public property, they’re off-limits.

Can I ride in my neighborhood? Not on public streets or sidewalks. Only in your driveway or backyard.

What if I just ride carefully and don’t bother anyone? Delaware law doesn’t make exceptions for careful riding. The ban is absolute.

Resources & Citations

• Delaware Code Title 21, Chapter 41, Subchapter XII
• Delaware DMV Special Vehicles Information
• Wilmington City Code

Call To Action

Stay Updated: Get notified when Delaware (hopefully) changes these restrictive laws and let its people adopt to this new way of getting around. Sign up for our newsletter to track legal updates across entire Delaware, or check back to our legal hub ever so often.

Ride Junkie’s Final Words Of Non-Legal Wisdom

Look, I’ve been working with electric rides for years, and Delaware’s approach is as restrictive as they come. The blanket ban feels heavy-handed compared to other states that have found ways to regulate rather than prohibit these devices entirely.

If you’re in Delaware and passionate about e-scooters, your best bet might be getting involved in local politics or moving somewhere more scooter-friendly. The municipal exception for cities over 50,000 residents gives Wilmington the power to change things, but they haven’t used it yet.

For now, keep your rides on private property, respect property owners, and maybe start building a case for why Delaware should join the modern world of micro-mobility regulation rather than being stuck in the stone age.

Legal Disclaimer: We’re riders and mechanics, not attorneys. This information is for educational purposes only and shouldn’t be considered legal advice.