HB 439 DE
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES.
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Summary
This act, known as the Truth in E-Bike Marketing Act, protects consumers by prohibiting commercial sellers from marketing electric mopeds and electric motorcycles using terms like "electric bicycle" or "e-bike." Sellers must provide buyers with written disclosures clearly stating the vehicle's legal classification, maximum power output, and requirements for registration, licensing, and insurance. Failure to provide these disclosures constitutes an unlawful business practice. The law also clarifies that electric mopeds may not be operated on public pathways, bike lanes, or sidewalks, and requires that crashes involving electric bicycles and mopeds be properly identified in the state's crash reporting system.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
The Truth in E-Bike Marketing Act protects Delaware consumers from purchasing an electric moped or electric motorcycle with the belief that the device may be used in the same way as an electric bicycle, addressing a growing area of market confusion. It prohibits dealers from advertising high-powered motor vehicles using terms like "electric bicycle" or “e-bike” and also requires that sellers provide clear, written disclosures regarding the vehicle's legal classification, maximum power, and the necessity for registration, licensing, and insurance. The bill classifies failure to provide these disclosures as an unlawful business practice. Finally, the bill clarifies that mopeds may not be operated on public pathways, bike lanes, or sidewalks and that crashes involving electric bicycles or mopeds must be identified on the state’s crash reporting website. House Substitute 1 to HB 439 makes the following changes: 1. Changes the term “dealer” to “commercial seller”. 2. Clarifies that this Act applies to electric mopeds and electric motorcycles. 3. Removes the provision requiring the DMV to approve the disclosure statement that must be provided to buyers. 4. Removes the provision requiring a copy of the signed disclosure statement be provided to the DMV. 5. Places the new section of Delaware Code created in Section 3 of this Act into its own chapter.
Sponsors (4)
- Kamela T Smith Democratic · primary
- Nicole Poore Democratic · primary
- Franklin D. Cooke Democratic · primary
- Kerri Evelyn Harris Democratic · primary
Action history (5)
- Jun 16, 2026 was introduced and adopted in lieu of HB 439 · lower
- Jun 18, 2026 Passed By House. Votes: 39 YES 1 NO 1 ABSENT · lower
- Jun 18, 2026 Assigned to Environment, Energy & Transportation Committee in Senate · upper
- Jun 23, 2026 Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits · upper
- Jun 30, 2026 Passed By Senate. Votes: 21 YES · upper
Full text
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