§ 4185 — Operating or riding as a passenger on a motorcycle; helmet and eye protection requirements for operating or riding as a passenger on a motorcycle

Delaware § 4185

• Jurisdiction: Delaware
• Title: 21
• Part: Operation and Equipment
• Ch. 41: RULES OF THE ROAD
• Subch.: Miscellaneous Rules

Text

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests.

(b) (1) Except as provided under paragraphs (b)(2) and (b)(3) of this section, a person operating or riding as a passenger on a motorcycle on the roadways of this State shall have in that person’s possession a safety helmet approved by the Secretary of the Department of Safety and Homeland Security (“Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary.

(2) A person up to 19 years of age operating or riding as a passenger on a motorcycle on the roadways of this State shall wear a safety helmet and eye protection approved by the Secretary.

(3) a. For the purposes of this paragraph (b)(3), a “newly-endorsed person” means a person who obtains an endorsement for a motorcycle on or after July 30, 2023.

b. A newly-endorsed person who is operating a motorcycle on the roadways of this State, or a person riding as a passenger on a motorcycle operated on the roadways of this State by a newly-endorsed person, shall wear a safety helmet and eye protection approved by the Secretary for the first 2 years after the newly-endorsed person obtains endorsement.

(4) A person operating or riding as a passenger on a motorcycle on the roadways of this State who fails to comply with this subsection is subject to a civil or administrative assessment of not less than $25 nor more than $50. An assessment or court cost other than those specified in this subsection may not be imposed. A violation of this subsection may not be classified as a criminal offense.

(c) The operator of a motorcycle shall keep at least 1 hand on a handgrip of the handlebars at all times when moving.

(d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with 1 leg on each side of the motorcycle.

(e) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents the person from keeping both hands on the handlebars.

(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

Legislative History

21 Del. C. 1953, § 4182; 56 Del. Laws, c. 333 ; 60 Del. Laws, c. 701, § 54 ; 61 Del. Laws, c. 314, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 110, § 90 ; 75 Del. Laws, c. 75, § 1 ; 84 Del. Laws, c. 71, § 1