(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except the following:

(1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing any pedestrian.

(2) An EPAMD may be operated on a public highway only:

a. While making a direct crossing of a highway in a marked or unmarked crosswalk;

b. Where no sidewalk is available; or

c. When so directed by a traffic control device or by a peace officer.

(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;

(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make a direct crossing of the highway in a marked crosswalk;

(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title;

(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the EPAMD; and

(7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard.

(b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.

(c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator to bring the device to a controlled stop, and if the EPAMD is operated between 1/2 hour after sunset and 1/2 hour before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors on the operator’s person.

(d) No proof of financial responsibility is required for the operation of an EPAMD.

(e) (1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30 days for the third or subsequent offense.

(2) Any person convicted of a violation of paragraph (a)(7) of this section shall for the first offense be fined not less than $150 nor more than $1,150 and for subsequent offenses be fined not less than $400 nor more than $1,500 or be imprisoned not less than 10 days nor more than 30 days, or both.

73 Del. Laws, c. 346, § ?7; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 282, § ?3;