Mobility scooters in Delaware: what Title 21 says for riders

A Delaware rider's first question is often about speed and status: does the state put a top speed on a mobility device, and is the person riding it a pedestrian? Title 21 does define a "motorized wheelchair," with an 8 mph ceiling, and it names wheelchair riders in its vulnerable user law. It does not, in anything we read, say plainly that a scooter rider is a pedestrian, and we will not pretend otherwise.

Here is the statute text, what the coastal weather means for range and storage, four scooters and DATI's free help.

Delaware's definitions and pedestrian rules

Section 101 of Title 21 holds the definitions. Item (43) reads: "'Motorized wheelchair' includes any self-propelled vehicle which is incapable of a speed in excess of 8 miles per hour and which is designed for, and used by, a handicapped person" (21 Del. C. § 101). Item (44) defines a motor vehicle as every self-propelled vehicle, "except farm tractors, electric bicycles, electric personal assistive mobility devices, and OHVs." Motorized wheelchairs are not on that list of exceptions, and we found no section stating how they are registered or exempted. Before riding on a road, confirm with the Division of Motor Vehicles how your scooter is treated.

Delaware does recognize riders as people drivers must protect. Section 4176E defines a "vulnerable user" to include an individual operating "A nonmotorized or motorized wheelchair" lawfully on a highway, crosswalk, shoulder or sidewalk (21 Del. C. § 4176E), and it sets penalties for drivers whose violations cause such a person serious physical injury.

The pedestrian sections lay out crossing and walking rules. Under section 4142(a), where signals are absent or a driver is turning, the driver "shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk" (21 Del. C. §§ 4141-4146). Section 4144 tells every driver to "exercise due care to avoid colliding with any pedestrian upon any roadway." And section 4146(a) makes it unlawful for a pedestrian to use the roadway "Where a sidewalk is provided and is accessible."

Read literally, that definition reaches only devices that cannot go faster than 8 mph. Several of the models below top out well under that figure; a few outdoor models do not.

Four scooters, four Delaware routines

• Golden Buzzaround CarryOn: a 3.6 mph travel scooter that splits into two pieces, the heaviest 47.5 lb, with a 12.5 AH lithium pack Golden describes as airline friendly. For boardwalk days and trips out of state.
• Golden LiteRider 4-Wheel: 5 mph, up to 12.5 miles, six pieces with no wires to connect. A steady four-wheel choice for errands around town.
• Pride Revo 2.0 4-wheel: 5.2 mph, 400 lb capacity and Comfort-Trac suspension over gravel and lawns, still breaking into five main pieces.
• Pride Maxima 4-wheel: up to 5.8 mph and 500 lb capacity, with an optional power elevating seat. It does not come apart, so it suits a rider with a garage and a ramp.

Speeds and weights are from our store's product pages, which follow the makers' published specifications. Each of these four stays under the 8 mph figure in section 101.

Riding near the bays

NOAA's State Climate Summary for Delaware describes a "small, relatively flat state," with average temperatures from 53°F in the north to 58°F along the southern coast. The number of very warm nights at Dover "has been increasing since the early 1960s," while freezing days have been mostly below average since the early 1990s.

Flat routes ask less of a battery than hills do. Heavy rain deserves more planning: NOAA counts about 2 days a year with 2 inches or more. Store the scooter under cover and keep the charger indoors.

Winter is not entirely absent. NOAA puts annual average snowfall at 9 to 20 inches, and February 2010 brought multiple snowstorms that "closed schools, disrupted transportation, and contributed to several snowfall records." On those days, uncleared sidewalks are a reason to wait rather than ride in the roadway.

Try a scooter at a DATI center

The Delaware Assistive Technology Initiative says its centers are "open to the public and services are free to all Delaware residents," and that visitors "don't need to know exactly what product they are looking for." It runs demonstrations, a loan library and the AT Exchange, whose categories include "wheelchairs and walkers." The AT3 Center lists DATI as Delaware's program.

Shipping a scooter to Delaware

We ship to the lower 48 states and DC, with free shipping on orders over $500 ($15 under $500), and we cover the sales tax on every order. Most products are processed in 2-5 business days; some brands differ. Our Delaware shipping page covers delivery, and the scooter fit check matches models to your weight, trips and storage.

Questions about mobility scooters in Delaware

How does Delaware define a motorized wheelchair?

21 Del. C. § 101(43) says it "includes any self-propelled vehicle which is incapable of a speed in excess of 8 miles per hour and which is designed for, and used by, a handicapped person." Whether a particular scooter fits depends on its top speed and design, so check the model's rated speed.

Do I need to register a mobility scooter in Delaware?

We could not confirm. The motor vehicle definition in section 101(44) lists exceptions such as electric bicycles and personal assistive mobility devices but does not mention motorized wheelchairs, and we found no section addressing their registration. The Division of Motor Vehicles can give you a definite answer.

Are scooter riders protected as vulnerable users in Delaware?

Section 4176E includes an individual operating a nonmotorized or motorized wheelchair, lawfully on a highway, crosswalk, shoulder or sidewalk, in its definition of vulnerable user. A driver whose violation causes serious physical injury to a vulnerable user faces penalties under that section.

Where should I ride: sidewalk or street?

For pedestrians, section 4146(a) makes using the roadway unlawful where an accessible sidewalk is provided, and section 4146(b) says to walk facing traffic on the shoulder where there is no sidewalk. Delaware's code does not say in what we read whether scooter riders count as pedestrians, so the sidewalk is the cautious choice.

Where can I try a scooter in Delaware before buying?

The Delaware Assistive Technology Initiative runs resource centers that are open to the public and free to Delaware residents, with demonstrations and a loan library. DATI notes that many funding sources look more favorably on a request when the person has already tried the device, which makes a trial useful beyond comfort.

Compare every model in the mobility scooter collection, try the fit check, or go through the full assessment. Questions? Email us at info@faithmobility.com.

Sources

• Delaware Code Title 21, § 101, definitions
• Delaware Code Title 21, § 4176E, vulnerable users
• Delaware Code Title 21, §§ 4141-4146, pedestrians' rights and duties
• NOAA NCEI State Climate Summaries 2022: Delaware
• Delaware Assistive Technology Initiative
• AT3 Center: Delaware Assistive Technology Initiative
• Product specifications: Faith Mobility product pages linked above