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HB 439

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES.

153rd General Assembly (2025-2026) Introduced by Frank Cooke and 11 co-sponsors

Delaware HB 439 regulates sale of electric mopeds and motorcycles, setting safety, labeling, and compliance rules for retailers and manufacturers.

Passed By Senate. Votes: 21 YES
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WeVote Research Nonpartisan
Bill Summary · HB 439

Bill Overview

HB 439 (Session 153, Delaware) proposes amendments to Title 21 of the Delaware Code regarding the sale of electric mopeds and electric motorcycles. The bill was introduced on May 21, 2026 and assigned to the Public Safety & Homeland Security Committee in the House. It has four sponsors: Ed Osienski (primary), and co-sponsors Dave Wilson, Dave Sokola, and Kam Smith.

Primary Purpose

  • To regulate the sale of electric mopeds and electric motorcycles in Delaware, addressing safety, consumer protection, and compliance requirements for retailers and manufacturers.

Key Provisions and Changes (as introduced)

Note: The exact statutory text is not provided here, but the bill’s title and committee assignment indicate a focus on:
- Establishing or updating definitions for electric mopeds and electric motorcycles (often including speed, power, seat, and throttle characteristics used for classification).
- Setting purchase, sale, and distribution requirements for electric two‑wheel vehicles powered by electricity.
- Imposing safety and labeling standards (e.g., required warnings, rider instruction materials, helmet or protective equipment expectations, and conspicuous marking of vehicle class).
- Establishing compliance mechanisms for retailers and manufacturers (licensing, reporting, and possible registration obligations).
- Potential consumer protections related to warranties, recalls, and product safety notices.
- Potential preemption or coordination with state traffic laws, including where these vehicles may operate (e.g., on streets, bike lanes, sidewalks) and applicable age or licensing requirements.
- Enforcement provisions and penalties for noncompliance (civil penalties or other sanctions).

Note: The bill’s text would provide the precise requirements, definitions, and penalties; the summary above reflects common elements in similar bills regulating electric mopeds/motorcycles.

Affected Parties and Impacts

  • Retailers and manufacturers of electric mopeds and electric motorcycles would be required to comply with new sale, labeling, safety, and reporting requirements.
  • Consumers purchasing electric mopeds/motorcycles would gain enhanced safety information, potential warranties, and clearer classifications for street use and eligibility.
  • Law enforcement and state regulators would administer and enforce the new standards, registrations, and penalties.
  • Possibly municipalities and local jurisdictions, depending on whether the bill preempts or coordinates regulations for where these vehicles may be operated.

Procedural and Timeline Aspects

  • Introduced: May 21, 2026.
  • Assigned to: Public Safety & Homeland Security Committee in the Delaware House.
  • Next steps would typically include committee hearings, potential amendments, floor consideration, and votes in the House, followed by passage to the Senate (and eventual signing by the Governor) if adopted.

Practical Considerations

  • The bill’s impact will depend on the final language, including specific classifications (what qualifies as an electric moped vs. electric motorcycle), speed and power thresholds, and whether operation is restricted to certain roadways or bike lanes.
  • Stakeholders may include retailers, ride-sharing/electric scooter operators, motor vehicle safety advocates, and local traffic safety officials.

If you’d like, I can refine this summary once the bill’s full text is available, to capture exact definitions, section-by-section requirements, and precise penalties.

Compiled from official sources — confirm details with the bill’s official record.

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