It is not possible to register a UTV in Delaware as street legal for reasons discussed below.

However, it is possible to make a UTV street legal in Delaware by registering in another state. The resulting title, registration, and license plate will allow you to drive your side-by-side on roads, highways, and city streets in Delaware and beyond.

This page covers street legal UTVs in Delaware from top to bottom including relevant laws, details about OHV areas, and times when a UTV not registered as street legal can be driven on local roads. Review the following resources to learn more.

Ready to get on the road? Start making your UTV street legal in Delaware today with the help of our expert team.

We have made our best effort to include all relevant details, but something we did not cover might apply to your situation. We are enthusiasts, not attorneys. This is not legal advice.

Why Delaware Can’t Register UTVs as Street Legal

To register a UTV as a regular street legal vehicle through the Delaware DMV, it would need to fit Delaware’s definition of a street legal vehicle and pass a Delaware motor vehicle inspection, however Delaware’s laws do not allow for this.

Within the context of registering for public road use, Delaware’s definition of the term “vehicle” specifically excludes Off-Highway Vehicles, a vehicle type defined as “a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail.”

Inspection stations in Delaware are unlikely to pass an OHV and the DMV will not register one as a regular passenger vehicle since none of the vehicle categories found in the Delaware Motor Vehicle Code fit the description of a conventional UTV. Of the possible candidates:

• Autocycles must have three wheels

• Motorcycles cannot have more than three wheels

• Low-Speed Vehicles cannot have a top speed higher than 25 MPH

• Mini-Trucks are not defined in Delaware law

Additional resources are linked in the Laws, Codes, and Other Resources section below.

How to get street legal

In states like Montana and South Dakota, the vehicle code allows UTVs to be registered as street legal vehicles. You can register your UTV in those states without ever leaving your home. Once registration is complete and the required equipment is installed, your UTV will be street legal in the state of Delaware with an out-of-state registration (see How to Make Your UTV Street Legal).

Maybe you like to wheel at the Pine Barrens in New Jersey or in the rural hills of Pennsylvania, or perhaps you’d rather keep your favorite riding spot a secret. Even if it’s just down the street, the idea of not needing a truck and trailer to get there just might sound like a dream come true. A street legal UTV could be useful for anything: running to the grocery store, cruising the coast on Highway 1, and wheeling on the weekends. If the thought of dealing with the DMV gives you nightmares, consider letting our team of experts register your UTV as street legal while you’re dreaming up new places to ride.

Parts Required to Be Street Legal in Delaware

Because the only way to make a UTV street legal in Delaware is to register in another state, getting legal does not involve any parts specific to Delaware.

Thanks to reciprocity agreements between states, a vehicle only needs to have the parts required by the state where it is registered. That means a UTV with an out-of-state registration can be driven on Delaware roads without needing any equipment required by Delaware and without needing to pass a Delaware inspection.

• Here is what is legally required for registrations in Montana and South Dakota (other states)

• These are the minimum parts we suggest having on any street legal UTV

There are also some parts we suggest leaving off which are rarely allowed on street legal vehicles in any state.

Driving a Street Legal UTV on Public Roads in Delaware

Vehicles licensed in other states can be driven legally in Delaware thanks to registration reciprocity agreements between states. Delaware’s registration reciprocity statute is linked in the resources below. You should not need to worry about title transfer windows if you maintain residency in another state or your UTV is registered to an LLC in another state. In some cases, it might not be possible to transfer your registration to Delaware from another state because of vehicle type mismatches between states.

Because street legal UTVs are a small niche, local law enforcement may not know that a UTV can be made street legal in Delaware. While we are not attorneys, we suggest carrying physical copies of your UTV’s registration and insurance proofs and being knowledgeable about the ways your vehicle is legal for road use (see Knowing Your Legality).

Keep in mind that street legal UTVs in Delaware need to observe all laws and rules of the road just as a car would.

Helmet laws in Delaware

• Delaware does not have specific helmet laws regarding street legal UTVs

• DOT helmets are required for all occupants younger than 18 in OHV areas

• All riders should keep a helmet with them in the vehicle as explained below

Although Delaware only requires helmets for motorcycle riders younger than 19, all motorcyclists are required to wear eye protection and carry with them a DOT helmet while riding. While a UTV does not fit Delaware’s legal definition of a motorcycle, local authorities might expect occupants of a street legal UTV in Delaware to abide by this requirement since that is what they are most familiar with. For safety reasons we suggest wearing a helmet whenever you operate a UTV on public roads. Given Delaware’s unique helmet carrying law we suggest all occupants at least keep a helmet in the vehicle when driving in Delaware.

Keep in mind that helmet laws need to be followed on a state-by-state basis. Before you travel, learn the helmet situation in any state you plan to drive in. See other states

Driving a Street Legal UTV in Delaware’s OHV Areas

Delaware does not have any public places to legally drive off-highway vehicles (OHV areas, public lands, etc.). Additionally, OHVs that are not registered as street legal cannot be driven on Delaware roads except during special events. Still, all OHVs are required to be registered with the state, even ones used exclusively on private property or that are only being stored or garaged in Delaware. There are only a few exceptions to needing this registration.

When we called the Delaware DMV, the agent was unaware of the 1-Year Nonresident OHV Registration offered by the state and could not give a reason that a nonresident would ever need to register an OHV in Delaware.

Be sure to take a look at Delaware DMV: Off-Highway Vehicles and Title 21 Chapter 68 of the Delaware Code as these resources contain more details than we can cover here.

Registration

• Delaware residents: Delaware residents must obtain a 3-Year OHV Registration and decal. These can only be obtained directly from a physical Delaware DMV location. You will need to provide a bill of sale or Certificate of Origin and your driver’s license at the time of registration.

• Nonresidents / Out-of-state plates: If your UTV is street legal with an out-of-state registration, or if you are not a resident of Delaware, you will need to get a 1-Year Delaware Out-of-State OHV Registration and decal.

• Visiting temporarily: You do not need to register with Delaware if your vehicle has a valid OHV registration from another state and does not spend more than 15 consecutive days in Delaware. If the vehicle is from a state where OHV registrations are not issued or not required, it will need a 1-Year Delaware Out-of-State OHV Registration and decal even for a short trip.

• Special exceptions: OHVs taking part in government-approved special events do not need to be registered with the state. OHVs used for special purposes like farming might also be exempt depending on the use case. Contact the Delaware DMV or local law enforcement for details.

Equipment

All UTVs operated in Delaware are required to have good working brakes, a spark arrester, and a muffler with a maximum volume of 88 dB(A). At least one headlight and at least one taillight are required to drive between sunset and sunrise. DOT helmets are required for all occupants younger than 18.

This section is about vehicles that do not have street legal registrations.

Off-highway vehicles can only be used on public roads in Delaware as part of government-approved special events or by certain industries like farming, logging, or construction. OHVs are illegal to use on the road in other circumstances. While most states allow OHVs to cross the street under their own power, Delaware requires them to be pushed across with the transmission in neutral or the engine completely off.

There is no circumstance where a regular enthusiast can operate an OHV on public roads in Delaware regardless of equipment and registration status.

Special exceptions

Exceptions are sometimes granted for industrial use cases like farming, logging, or construction and for official purposes like fire protection, military, emergencies, or law enforcement. If this applies to you, contact the Delaware DMV or local law enforcement to see what exceptions apply and how your vehicle should be registered and equipped.

For questions outside the scope of this guide, try contacting:

• Delaware DMV using the phone numbers, email, and live chat found on this page

• Delaware Fish and Wildlife using the information found on this page

These are the sources we used to create this guide. If you find any inaccurate or outdated information, please contact us and we will be happy to address it.

General information

Delaware DMV: OHV Safety Brochure (PDF), Poster (PDF)

Delaware DMV: Special Vehicles (Registration, equipment, safety gear, etc.)

Operating as an OHV

Delaware Code Title 21 Chapter 68 (Off-Highway Vehicles)

Delaware Statute 21-68-01 (OHV registration; subsequent statutes go into more detail)

Delaware Statute 21-68-07 (Out-of-state OHV registration)

Delaware Statute 21-68-10 (Registration requirements)

Delaware Statute 21-68-17 (Lights required)

Delaware Statute 21-68-18 (Brakes required)

Delaware Statute 21-68-20 (Spark arrestor required; 88 dB(A) sound level)

Delaware Statute 21-68-23 (Delaware OHV helmet requirements)

Road use of OHVs not registered as street legal

Delaware Statute 21-68-14 (Conditions for operating OHVs on public roads in Delaware)

Other resources

Delaware Statute 21-1-01 (Definition of Off-Highway Vehicle (#45), other vehicle types, highway)

Delaware Statute 21-21-12 (Delaware vehicle registration reciprocity)

Delaware Statute 21-21-13A (Defines Low-Speed Vehicle)

Delaware Statute 21-41-85 (Delaware motorcycle helmet law)

Delaware State Code