21 Del. C. § 2135 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2135
§ Â
        2135. Parking permits for persons with disabilities which limit or impair the ability to walk; parking; penalties.
Status: reserved

(a) A person or a member of the person’s household who has a disability that is permanent with no prognosis for improvement as described in § 2134(a)(1)-(6) of this title or who has a physical disability which is not permanent but which substantially limits or impairs the person’s or household member’s ability to walk for no less than 5 weeks and which is so severe that the person or household member would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities, or a person who is age 80 or older, whether or not that person has a disability, or an organization that regularly in its course of business transports persons with disabilities may apply to the Department for a permanent or temporary parking permit, whichever is appropriate, on a form provided by the Department. The form must state:

(1) That a permanent permit for a person with a disability, or for a person 80 or older, expires after 8 years, or for an organization that regularly in its course of business transports persons with disabilities expires after 3 years and a temporary permit for a person with a disability may not exceed 180 days;

(2) That an individual licensed under Chapter 17 or 19 of Title 24 must certify a disability and indicate whether the applicant or household member needs a permanent parking permit or a temporary parking permit;

(3) That an applicant 80 or older need only submit proof of age that is satisfactory to the Department; and

(4) The possible penalties for intentionally and falsely representing that an applicant or household member is qualified to obtain a permanent or temporary parking permit.

An applicant or a household member who is eligible for a special license plate pursuant to § 2134 of this title may also apply for 1 permanent parking permit under this section. A parking permit is issued in the form of a removable placard capable of hanging from or being attached to the front windshield rearview mirror of a vehicle.

(b) A permanent or temporary parking permit may be issued under this section only if the applicant submits proof satisfactory to the Department that the applicant or household member has a disability that is permanent with no prognosis for improvement as described in § 2134(a)(1)-(6) of this title, or that the applicant or household member has a physical disability which is not permanent but which substantially limits or impairs the applicant’s or household member’s ability to walk for no less than 5 weeks and which is so severe that the applicant or household member would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities, or that the applicant or household member is 80 or older, or that the applicant is an organization that regularly in its course of business transports persons with disabilities. Satisfactory proof of a disability must include the signature of an individual licensed under Chapter 17 or 19 of Title 24 on a Department special license plate or placard application form indicating the applicant’s or household member’s disability.

(c) The Department may not charge a fee for issuing or reissuing a parking placard. However, the Department shall charge a fee to offset the actual replacement cost of replacing a lost or damaged placard.

(d) (1) A permanent permit issued under this section for a person who has a disability stated in § 2134(a) of this title, or for a person 80 or older, expires 8 years from the date of issue, or to an organization that regularly in its course of business transports persons with disabilities expires 3 years from the date of issue. However, another permanent permit may be issued upon reapplication.

(2) A temporary permit issued under this section for an applicant who has a physical disability which is not permanent but which substantially limits or impairs the person’s ability to walk for no less than 180 days and that is so severe that the person would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities expires at the discretion of the Department, but may not exceed 180 days from the date of issue. However, another temporary permit may be issued upon reapplication.

(3) There is no limit to the number of times that a person may reapply for a permanent or temporary parking permit issued under this section. However, for each reapplication for a temporary parking permit, the applicant must comply with the requirements for an initial application as set forth in subsection (a) of this section. A new certification is not required for applicants or applicants’ household members who have a permanent disability as described in § 2134(a)(1)-(6) of this title; however, the applicant shall submit a written certification that the applicant continues to require the parking permit for the reason or reasons it was initially issued.

(e) A parking permit for a person with a disability which limits or impairs the ability to walk, or for a person 80 or over, or for an organization pursuant to subsection (i) of this section must be in the form of a removable windshield placard of a size and design determined by the Department. A permanent parking placard must be blue; a temporary parking placard must be red; an organization parking placard must be green. The information on the placard must be large enough to be read clearly from outside a motor vehicle when the placard is hanging from the vehicle’s front windshield rearview mirror, or if there is no front windshield rearview mirror, the placard must be displayed on the dashboard and be able to be read by a person outside of the vehicle. Both sides of the placard must contain the following:the words “State of Delaware Division of Motor Vehicles” and “Remove placard when vehicle is in motion,” the internationally recognized wheelchair symbol of access, an identification number, and the expiration date. The expiration date must appear in letters or numerals at least 1 inch tall. Only 1 placard may be issued initially to an applicant; however, upon written request, the Department shall issue 1 additional placard to an applicant who does not also have a special license plate issued pursuant to § 2134 of this title.

(f) (1) A person or organization for whom a parking placard is issued under this section or under a similar statute of any other state or country may park in parking spaces or zones as follows:

a. Restricted to use only by persons with disabilities.

b. For an unlimited period in an unmetered parking space or zone restricted as to the length of parking time permitted.

c. In a metered parking space for no less than 1 hour.

d. If a parking space is assigned to a specific person with a disability as that person’s residential or business parking space, that person may use the space without any time restriction.

(2) A person who is driving a vehicle with a parking placard issued under this section or under a similar statute of any other state or country may not park in any of the following places:

a. In a space or zone where stopping, standing, or parking is prohibited to all vehicles.

b. In a space or zone which is reserved for other special types of vehicles.

c. In a space or zone assigned to another person for the other person’s residential or business use.

d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon, or evening rush hours.

e. Where parking clearly would present a traffic hazard.

(3) a. The person for whom a red or blue parking placard is issued under this section or under a similar statute of any other state or country must be the driver of or a passenger in the vehicle displaying the parking placard whenever the vehicle parks in a parking space or zone restricted for use only by vehicles with a special license plate or parking placard for persons with disabilities.

b. Individuals who become residents of Delaware, who have a valid placard issued by another state, who desire a permanent or temporary placard issued by the Department, shall apply within 180 days of taking up residence in the State and submit the documents required as outlined in subsection (b) of this title.

(g) A placard issued under this section is for the exclusive and personal use of the person or organization for whom it is issued and may not be used by any other person or organization.

(h) A parking placard must be returned to the Department:

(1) When the person or organization for whom it was issued reapplies for a placard;

(2) When the placard expires;

(3) When the person or organization for whom it was issued no longer needs it, is no longer disabled, or no longer regularly in its course of business transports persons with disabilities;

(4) Upon the death of the person for whom it was issued.

(i) Notwithstanding any provisions of this Code to the contrary, the Department may, without the certification of an individual licensed under Chapter 17 or 19 of Title 24, issue a green parking placard upon application by an organization that regularly in its course of business transports persons with disabilities which limit or impair the ability to walk if the organization presents proof satisfactory to the Department that the organization regularly in its course of business transports persons with disabilities. A green parking placard may be used only when at least 1 person who is entitled to obtain a permanent or temporary parking placard pursuant to subsection (a) of this section is being transported and only when an employee or volunteer staff person of the organization is the driver of the vehicle.

(j) (1) A person or organization who intentionally presents false information to an individual licensed under Chapter 17 or 19 of Title 24, or to the Department in an attempt to obtain a parking placard under this section shall be guilty of an unclassified misdemeanor. For the first offense, the person or organization shall receive a mandatory fine of $100. For each subsequent like offense, the person or organization shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both. Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.

(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the person or organization in whose name the unattended vehicle is registered is responsible for the violation.

(k) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.
21 Del. C. § 3306 — Delaware Code / Title 21 / Chapter 33 / Section 3306
§ Â
        3306. Acts of officers, directors, partners, employees, and agents.
Status: in_force

(a) If a licensed transporter is a partnership or corporation, it is sufficient cause for the denial, suspension, or revocation of the license if any officer, director, or trustee of the partnership or corporation, or any member in the case of a partnership, has committed any act or omitted any duty that would be cause for the denial, suspension, or revocation of a license issued to the officer, director, trustee, or member as an individual under this chapter.

(b) For purposes of this section, a licensee is responsible for and deemed to have committed an act of an employee or other agent of the licensee while acting as the licensee’s employee or agent, if the licensee approved of the act or had knowledge of the act or similar acts, and if the licensee, after approving the act or having such knowledge, retained the benefit, proceeds, profits, or advantages accruing from the act.
21 Del. C. § 6904A — Delaware Code / Title 21 / Chapter 69A / Section 6904A
§ Â
        6904A. Consent for towing; exceptions.
Status: in_force

(a) No private tow company may tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any private parking area without the consent of the owner or operator of the motor vehicle unless the following criteria are met:

(1) The private tow company entered into a contract for towing with the owner or operator of the private parking area.

(2) A sign is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by drivers entering the private parking area. The sign must have lettering of no less than 1 inch in height and contain the following:

a. A statement of the purpose or purposes for which parking is authorized and the times during which such parking is permitted.

b. A statement that unauthorized parking is prohibited and, if applicable, that unauthorized motor vehicles will be towed and stored at the owner’s expense.

c. The name, address, and telephone number of the private tow company that will perform the towing.

d. The charges for the towing and storage of towed motor vehicles.

e. The street address of the storage facility where the towed motor vehicles can be redeemed after payment of the posted charges and the times during which the motor vehicles may be redeemed.

f. Contact information for the owner and operator of the private parking area.

(3) A sign is affixed to each door of the tow truck with lettering of no less than 3 inches in height that contains the name and telephone number of the private tow company.

(b) The owner, operator, or agent of a private parking area may not permit the towing of any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from the private parking area without the consent of the motor vehicle owner or operator, unless the following criteria are met:

(1) The private property owner contracted with a private tow company for nonconsensual towing of motor vehicles parked on the property without authorization.

(2) A sign conforming to the requirements of paragraph (a)(2) of this section is posted on the property.

(c) No private tow company may tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any public parking area unless all of the following criteria are met:

(1) The private tow company entered into a contract for public property towing with this State or political subdivision.

(2) A sign as described in paragraph (a)(2) of this section is posted in a conspicuous place at all vehicular entrances to the property that can easily be seen by drivers entering a private parking area or in a conspicuous place visible from the place at which the motor vehicle is parked if on a public roadway. If the motor vehicle is parked in a metered or paid public parking area, the sign may be affixed to or conspicuously placed near the device or place at which payment may be tendered, if any.
21 Del. C. § 2112 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2112
§ Â
        2112. Registration by nonresidents.
Status: repealed

(a) A nonresident owner, except as otherwise provided in this section, owning any foreign vehicle which has been duly registered for the current registration year in the state, country or other place of which the owner is a resident and which at all times, when operated in this State, has displayed upon it the number plate or plates issued for any such vehicle in the place of residence of such owner may operate or permit the operation of such vehicle within this State without registering such vehicle or paying any fees to this State.

(b) Motor vehicles owned and controlled by nonresidents of this State, who are residents or citizens of foreign nations, and the drivers and operators thereof shall be accorded the free use of the highways of this State without restriction by way of license or registration and without the imposition of any tax or fee. This subsection shall not apply to vehicles owned or controlled by residents or citizens of foreign nations and drivers and operators thereof when such foreign nations do not extend similar privileges to the residents of the United States.

(c) A nonresident owner, operator or custodian of any motor vehicle, vehicle or trailer using such vehicle for transportation of persons or property for compensation within this State or for the transportation of merchandise within this State shall register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State.

(d) The requirements of subsection (c) of this section may be waived by the Department of Transportation for vehicles registered in those jurisdictions which reciprocate with vehicles registered in this State.

(e) The Secretary shall enforce this title and shall have the power to suspend the operating privilege of all, a class or a part of any class of motor vehicles or trailers or semitrailers registered in another jurisdiction when, in the Secretary’s judgment, any such jurisdiction prohibits the free operation therein of a class or part of any class of motor vehicles or trailers or semitrailers belonging to residents of this State and which have been properly registered in accordance with the laws of this State. The Secretary shall also have power to suspend for violation of any of the provisions of this title, or on other reasonable grounds, the operating privilege of any motor vehicle or trailer or semitrailer belonging to a nonresident. In suspending any such operating privilege, the Secretary shall notify the official or body performing the registration duty in the jurisdiction in which the nonresident resides of such action. If any such motor vehicle or trailer or semitrailer whose operating privilege has been suspended shall thereafter be driven in this State, such driving shall constitute a violation of § 2115(1) of this title, and the driver of any such vehicle shall be subject to the penalty prescribed in § 2116. The Secretary shall also have the power to impound the vehicle in violation until the fees imposed under § 402 of this title have been paid to the Department. Any impoundment fees or towing fees incurred as a result of a violation of this section shall be at the registered owner’s expense.

(f) (1) Except as provided by paragraph (f)(2) of this section, a motor vehicle lessor may include separately stated mandatory charges in a rental agreement, including, but not limited to, airport access fees, airport concession fees and all applicable taxes.

(2) A motor vehicle lessor may not include a vehicle licensing recovery fee as a separately-stated mandatory charge in a rental agreement.

(3) [Repealed.]

(4) As used in this subsection:

a. “Motor vehicle” means that term as defined in § 101 of this title.

b. “Motor vehicle lessor” means a person whose primary business is renting motor vehicles to consumers under rental agreements for periods of 90 days or less.

c. “Vehicle licensing recovery fee” means a charge that may be included in a vehicle rental transaction originating in this State to recover costs incurred by a motor vehicle lessor to license, title, register, and plate rental vehicles.
21 Del. C. § 2507 — Delaware Code / Title 21 / Chapter 25 / Section 2507
§ Â
        2507. Retitling vehicle in another state.
Status: in_force

Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is removed from this State, through transfer or otherwise, for the purpose of retitling the vehicle in another state, the owner thereof, upon transferring and/or removing such vehicle, shall, in addition to complying with all the other provisions of this chapter, remove the number plates and, if the vehicle is registered, the registration plates therefrom and shall immediately give or send such plates to the Department or an authorized representative thereof, together with a report that such vehicle is to be retitled in another state. If the Department is satisfied that the vehicle is to be removed from this State for the purpose aforesaid, the title to such vehicle shall be canceled.
21 Del. C. § 2316 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2316
§ Â
        2316. Altering or forging certificate of title, manufacturerâs certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate.
Status: in_force

Whoever:

(1) Alters with fraudulent intent any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate issued by the Division; or

(2) Forges or counterfeits any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate issued by the Division; or

(3) Alters or falsifies with fraudulent intent or forges any assignment of a certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plates; or

(4) Holds or uses any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate or an assignment thereof, knowing the same to have been altered, forged or falsified;

is guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
21 Del. C. § 4161 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4161
§ Â
        4161. Obedience to signal indicating approach of train or other on-track equipment, drawbridge, or automatic signal system controlling the flow of traffic.
Status: in_force

(a) Whenever any person driving a vehicle approaches a railroad grade crossing, drawbridge or automatic signal system controlling the flow of traffic under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and may not proceed until the driver can do so safely. The foregoing requirements apply to all of the following:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment.

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment.

(3) A railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train or other on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard.

(4) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
21 Del. C. § 4349 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4349
§ Â
        4349. Multiple beam road lighting equipment.
Status: in_force

Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

(1) There shall be an uppermost distribution of light or composite beam so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading;

(2) There shall be a lowermost distribution of light or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;

(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this State after January 1, 1956, which has multiple beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
21 Del. C. § 2140C — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140C
§ Â
        2140C. Special license plates honoring womenâs military service [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for assignment to that vehicle of a special plate “Honoring Women’s Military Service,” if the owner of the vehicle is a woman who possesses sufficient documentation to establish that she served the United States Armed Forces or the Delaware National Guard, either as a civilian or as a servicemember.

(b) This section applies to only the following:

(1) A private passenger vehicle.

(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.

(3) A van with a 3/4-ton or less manufacturer’s rated capacity.

(c) Upon the initial application for a license plate to be issued under this section, a 1-time fee of $20, which includes an administrative fee of $10, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division of Motor Vehicles, to cover the cost of the replacement plate.

(d) The Division of Motor Vehicles shall deposit with the State Treasurer the funds derived by this State from that portion of the 1-time fee of $20 that is not defined as an administrative fee under subsection (c) of this section. The deposited funds must be specifically set aside and deposited with the Department of Veterans Affairs for its deposit in the Veterans Trust Fund.

(e) All plates issued under this section must be of the colors and design as determined by the Delaware Women’s Military Service Monument Committee. The plate may also include words, a slogan, or an emblem honoring Delaware women’s military services. The Committee may drop the wording “The First State” and substitute in lieu thereof “Delaware Women’s Military Monument”. The Division of Motor Vehicles may refuse any design which it believes would cause a public safety enforcement problem.

(f) The Department shall reserve sufficient special license plates including the letters “WMS” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.

(g) Upon receipt by the Department of information that the individual to whom the special plate under this section was issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that individual’s estate, requesting that the plate be returned to the Department within 90 days.

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 8101 — Delaware Code / Title 21 / Chapter 81 / Subchapter I / Section 8101
§ Â
        8101. Driverâs License Compact.
Status: in_force

The Driver’s License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

DRIVER’S LICENSE COMPACT

ARTICLE I Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II Definitions

As used in this compact:

(a) “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

(b) “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(c) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE IIIReports of Conviction

The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted, describe the violation specifying the section of the statute, code or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond or other security and shall include any special findings made in connection therewith.

ARTICLE IV Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) of this article as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

ARTICLE VApplications for New Licenses

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of 1 year from the date the license was revoked such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VIApplicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VIICompact Administrator and Interchange of Information

(a) The head of the licensing authority of each party state shall be the administrator of this compact for that licensing authority’s head’s state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

ARTICLE VIIIEntry Into Force and Withdrawal

(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 6 months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

ARTICLE IXConstruction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
21 Del. C. § 2155 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2155
§ Â
        2155. Fees for half-year and quarter-year registration.
Status: in_force

The registration fees for vehicles provided by this chapter shall be for a period of 12 months, but if the vehicle is registered or the registration renewed for a 6-month period, the applicant shall pay to the Department 1/2 of the annual registration fee and an additional fee of $1.00. If the registration is renewed for a 3-month period, the applicant shall pay to the Department 1/4 of the annual registration fee and an additional fee of $1.00. A renewal of a registration for a 3-month period shall be permitted only for a motor vehicle which has a gross registered weight of 18,000 pounds or more.
21 Del. C. § 2143 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2143
§ Â
        2143. Inspection of motor vehicle before registration; exception; vehicles outside State.
Status: in_force

(a) Before the Department registers, renews the registration of or reregisters a motor vehicle required to be registered under this title, such vehicle shall first be inspected by the Department and determined to be safe and fit for operation and found equipped according to law. The Department may waive all inspection requirements with respect to the registration of new motor vehicles and the initial registration or renewal of vehicles no older than 7 model years. Upon application, subject to approval by the Secretary, the Department may assign to a motor vehicle dealer the authority to perform safety and vehicle identification number (VIN) inspections on motor vehicles, 7 model years old or newer, as such inspections relate to the motor vehicle’s registration or reregistration, provided that the motor vehicle is owned by that motor vehicle dealer and such inspection occurs at a motor vehicle dealer facility.

(b) Upon application, subject to approval by the Secretary, the Department may waive such inspection requirements with respect to the renewal of registration of a vehicle registered in this State which is not in this State at the time the inspection is required, provided that an out of state inspection, certified on forms prescribed by the Secretary, is submitted to the Department. It shall be the duty of the owner of any vehicle so inspected to submit such vehicle for inspection by the Department within 10 days after the date the vehicle is returned to this State.

(c) Upon application, subject to the approval by the Secretary, the Department may waive such registration requirements with respect to new or used motor vehicles where a fleet account is involved. A fleet account shall consist of 10 or more vehicles. The inspection requirements may be waived provided there are adequate inspection and repair facilities at the fleet headquarters located in this State. Such fleet account waiver shall not apply to fleets of school buses which transport pupils of any public, parochial or private school of the State. For the purposes of this subsection only, any trailer which requires inspection shall qualify as a motor vehicle.

(d) The Department shall waive the requirement for inspection for those small trailers with a gross weight of vehicle and load of 4,000 pounds or less, which are not required to be equipped with brakes.

(e) The Department shall waive the requirement for inspection for fire trucks, fire engines, rescue trucks, ladder trucks, tank trucks, tank trailers and ambulances which are used by fire companies, and volunteer ambulance and rescue services in this State; provided, that at the time of the renewal of registrations for these vehicles, the principal officer of such company shall present a certification that each vehicle has been inspected by the officer or the officer’s designee and that it is safe to operate on the streets and highways and equipped according to law. The waiver shall not apply to passenger cars owned or used by fire companies.

(f) The Department shall waive the requirement for inspection for all vehicles or motor vehicles registered under the International Registration Plan pursuant to Chapter 4 of this title. The Department may adopt rules and/or procedures to implement this subsection.
21 Del. C. § 4302 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4302
§ Â
        4302. Projections from periphery of tires; exceptions.
Status: in_force

(a) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire, except as otherwise provided in this section. Farm machinery with tires having protuberances which will not injure the highway may be used, and tire chains of reasonable proportions may be used upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.

(b) The use of studded tires on all motor vehicles using the highways of this State is permitted from October 15 to April 15.
21 Del. C. § 8504 — Delaware Code / Title 21 / Chapter 85 / Section 8504
§ Â
        8504. Enforcement.
Status: in_force

(a) Any law-enforcement officer in whose jurisdiction the locomotive, or any car attached to a locomotive, is located may enforce this chapter.

(b) The Superior Court shall have exclusive jurisdiction over offenses under this chapter.
21 Del. C. § 4183A — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4183A
§ Â
        4183A. Requirements for the design, construction, signage, and maintenance of accessible parking spaces.
Status: in_force

(a) For purposes of this section, “accessible parking space” means as defined in § 4183 of this title.

(b) Where an accessible parking space is required under Titles II and III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the accessible parking space must be designed and constructed in compliance with:

(1) The 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance.

(2) Any applicable county, municipal, or Delaware building code or law.

(c) No new accessible parking spaces may be installed, and no existing accessible parking spaces may be restriped, repainted, resurfaced or otherwise altered, until the county or municipal authority having jurisdiction over the construction or alteration of commercial buildings has issued a permit authorizing such action and confirming that any accessible parking spaces are in compliance with subsection (b) of this section. A county or municipal authority may allow subsequent restriping, repainting, or resurfacing of a lot that has been permitted in accordance with this section at least once without a permit where no change is made to the parking plan and the property remains compliant with the requirements of this section.

(d) Upon completion of the work subject to permit, the public agency issuing the permit shall verify compliance by either conducting an on-site inspection or independently confirming compliance by use of documentation and photographic evidence submitted by the entity to whom the permit was issued, provided that the documentation and photographic evidence is sufficient to adequately assess such compliance. The enforcement agency may adopt a model form published by the State Council for Persons with Disabilities in consultation with the Architectural Accessibility Board to standardize submission of verifying documentation and photographic evidence. If the submitted documentation and photographic evidence is not sufficient to confirm compliance, an on-site inspection must be conducted.

(e) All existing parking spaces that are not in compliance with subsection (b) of this section by September 25, 2030, are in violation of this section.

(f) In lieu of a permit under subsection (c) of this section, any facility covered under the Architectural Accessibility Act, Chapter 73 of Title 29, must receive a letter of approval from the Architectural Accessibility Board that confirms compliance with this section.

(g) A county or municipal government may assess a civil penalty of up to $500 for a violation of this section. Before imposing a fine, the county or municipal government must allow 90 days for the responsible party to cure the violation.

(h) Nothing in this section requires a county or municipality to conduct code inspections apart from its usual and customary practice for promoting building code compliance. Nothing in this section prohibits a county or municipality from charging fees associated with permits and compliance verification.

(i) Nothing in this section prohibits any state, municipal, or local government or agency from adopting more stringent standards for accessible parking than those imposed by this section and applicable federal law, nor shall it prohibit any private or public entity from providing more accessible parking spaces than are required by this section or other applicable code or regulation.

(j) Each accessible parking space sign that is required under this section must display the current maximum fines established in § 4183(f) of Title 21.
21 Del. C. § 313 — Delaware Code / Title 21 / Chapter 3 / Section 313
§ Â
        313. Accident statistics and reports; evidence.
Status: in_force

(a) The Department of Safety and Homeland Security shall prepare and supply to law-enforcement agencies forms for accident reports that require sufficiently detailed information about the cause, conditions then existing, and the persons and vehicles involved in a highway accident.

(b) Except as provided under this section, accident reports and any data or statistics derived from an accident report are without prejudice, are solely for the information of the Department of Safety and Homeland Security and the Department of Transportation, and are not a public record under the Freedom of Information Act, Chapter 100 of Title 29. The fact that an accident report has been made is admissible in evidence solely to prove compliance with this section but no accident report or any part or statement contained in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of an accident.

(c) (1) An accident report may be disclosed only to the following:

a. A person, or the person’s legal representative, who requests a copy of the person’s own accident report.

b. An insurer, insurance support organization, or a self-insured entity or its agent, employee, or contractor, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.

(2) a. The person requesting an accident report under paragraph (c)(1) of this section must submit proof of identity and payment of the fee established by the law-enforcement agency with primary jurisdiction over the accident.

b. A fee under paragraph (c)(2)a. of this section must approximate and reasonably reflect the amount necessary to defray the costs incurred by the law-enforcement agency to provide a copy of the accident report.

(3) Notwithstanding paragraphs (c)(1) through (c)(2) of this section, an accident report associated with a criminal prosecution may be withheld from disclosure until the criminal prosecution has concluded.

(d) Upon written request, the Department of Transportation may prepare a document containing a quantitative analysis of de-identified data if the person requesting the information provides proof of identity and a representation that the data will be strictly used for any of the following purposes:

(1) To comply with federal, state, or local law or regulation.

(2) By any of the following in carrying out official functions:

a. A municipality or its agents.

b. A municipal planning organization or its agents.

c. A member of the General Assembly.

(e) The State shall make some de-identified data public through press releases, publication, or a state-managed website. The Department of Safety and Homeland Security has the sole discretion to determine what data may be disclosed under this subsection, except that the data on the state-managed website must include all of the following:

(1) Accident classification.

(2) Manner of impact.

(3) Alcohol or drug involvement.

(4) Date and time of accident.

(5) Conditions regarding road surface, lighting, and weather.

(6) Seat belt or helmet use.

(7) Geographic location.

(8) Primary contributing circumstances.

(f) Notwithstanding any provision under this section, the Director of the Delaware Criminal Justice Information System (DELJIS) may enter into a contractual agreement for the sale of de-identified data if the contracting party’s use of the information is related to public safety. A contract under this subsection may include pricing models based on DELJIS’s cost to produce, maintain, and distribute the records containing the information. The Department of Safety and Homeland Security has sole discretion to determine the data that may be disclosed under this subsection.
21 Del. C. § 6830 — Delaware Code / Title 21 / Chapter 68 / Section 6830
§ Â
        6830. Unlawful for operators of OHVs to disobey command to stop.
Status: in_force

It shall be unlawful for any operator of an OHV to wilfully disobey a signal to bring such OHV to a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed police, peace or environmental protection officer acting in the lawful performance of duty. A violation of this section shall be an unclassified misdemeanor with the penalties set forth in § 6831 of this title.
21 Del. C. § 2139Y — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139Y
§ Â
        2139Y. Special license plates for members of the National Wild Turkey Federation.
Status: in_force

(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special National Wild Turkey Federation registration. This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a member of the Delaware Chapter of the National Wild Turkey Federation; and

(2) The Delaware Chapter of the National Wild Turkey Federation certifies that the applicant is an active member of that organization.

(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purposes of administering this section and to fund Division of Motor Vehicle projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) The Department shall reserve sufficient license plates including the letters “WT” and numbered consecutively beginning with the numeral “1” as are required for this section.

(e) Upon notification from the Delaware Chapter of the National Wild Turkey Federation that an individual is no longer an active member of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department within 30 days.
21 Del. C. § 2139Z — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139Z
§ Â
        2139Z. Special license plates for Keep Delaware Beautiful.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle of a special Keep Delaware Beautiful registration.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.

(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after the Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to subsection (f) of this section.

(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by a committee of at least 3 persons including representation of both the Division of Motor Vehicles and Keep Delaware Beautiful. The size, composition, and operation of the committee shall be determined by, and at the discretion of, the Director of the Division of Motor Vehicles. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, the mission of Keep Delaware Beautiful. The committee may, at its discretion, drop the wording “The First State” and substitute in place thereof a slogan related to Keep Delaware Beautiful or its mission. The Division of Motor Vehicles shall have the power to refuse any design which it believes would be inappropriate or cause a public safety enforcement problem.

(f) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be forwarded to a special fund account to be known as the Keep Delaware Beautiful License Fund to be used to support its mission to beautify the State and reduce litter.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 2118 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2118
§ Â
        2118. Requirement of insurance for all motor vehicles required to be registered in this State; penalty [For application of this section, see 82 Del. Laws, c. 160, Â 5].
Status: in_force

(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to § 2904 of this title, shall operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following minimum insurance coverage:

(1) Indemnity from legal liability for bodily injury, death or property damage arising out of ownership, maintenance or use of the vehicle to the limit, exclusive of interest and costs, of at least the limits prescribed by the Financial Responsibility Law of this State.

(2) a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for:

1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services. Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing.

2. Net amount of lost earnings. Lost earnings shall include net lost earnings of a self-employed person.

3. Where a qualified medical practitioner shall, within 2 years from the date of an accident, verify in writing that surgical or dental procedures will be necessary and are then medically ascertainable but impractical or impossible to perform during that 2-year period, the cost of such dental or surgical procedures, including expenses for related medical treatment, and the net amount of lost earnings lost in connection with such dental or surgical procedures shall be payable. Such lost earnings shall be limited to the period of time that is reasonably necessary to recover from such surgical or dental procedures but not to exceed 90 days. The payment of these costs shall be either at the time they are ascertained or at the time they are actually incurred, at the insurer’s option.

4. Extra expenses for personal services which would have been performed by the injured person had they not been injured.

5. “Injured person” for the purposes of this section shall include the personal representative of an estate; provided, however, that if a death occurs, the “net amount of lost earnings” shall include only that sum attributable to the period prior to the death of the person so injured.

b. The minimum insurance coverage which will satisfy the requirements of subparagraph a. of this paragraph (a)(2)a. of this section is a minimum limit for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1 person and $30,000 for all persons injured in any 1 accident.

c. The coverage required by this paragraph shall be applicable to each person occupying such motor vehicle and to any other person injured in an accident involving such motor vehicle, other than an occupant of another motor vehicle.

d. The coverage required by this paragraph shall also be applicable to the named insureds and members of their households for accidents which occur through being injured by an accident with any motor vehicle other than a Delaware insured motor vehicle while a pedestrian or while occupying any registered motor vehicle other than a Delaware registered insured motor vehicle, in any state of the United States, its territories or possessions or Canada.

e. The coverage required in this paragraph shall apply to pedestrians only if they are injured by an accident with any motor vehicle within the State except as to named insureds or members of their households to the extent they must be covered pursuant to paragraph (a)(2)d. of this section.

f. The owner of a vehicle may elect to have the coverage described in this paragraph written subject to certain deductibles, waiting periods, sublimits, percentage reductions, excess provisions and similar reductions offered by insurers in accordance with filings made by such insurers with the Department of Insurance; applicable to expenses incurred as a result of injury to the owner of a vehicle or members of the owner’s household; provided that the owner of a motorcycle may elect to exclude from such coverage expenses incurred as a result of injury to any person riding such vehicle while not on a highway and in any case of injury when no other vehicle was involved by actual collision or contact. This election must be made in writing and signed by the owner of the vehicle; insurers issuing such policies may not require such reductions. For all policies having a deductible pursuant to this paragraph the insured shall receive in writing as a separate document a full explanation of all deductible options available, and the insured shall sign such written explanation acknowledging receipt of a copy of same. In addition the insured shall sign a separate statement acknowledging the specific deductible the insured is selecting and the related cost for the policies with such deductible. An insured person may not plead and introduce into evidence in an action for damages against a tortfeasor the amount of the deductible; however, insurers shall recover any deductible for their insureds or their household members pursuant to subsection (g) of this section. Any notices or documents required under this section may be delivered in compliance with the provisions of § 107 of Title 18.

g. The coverage required by this paragraph shall be considered excess over any similar insurance for passengers, other than Delaware residents, when the accident occurs outside the State.

h. Insurers shall notify injured persons covered under this section that the coverage is for 2 years from the date of the accident, and that it is only extended for compensation related to surgical or dental procedures that are related to the accident and that were impossible or impractical to perform within the 2-year period. Such surgical or dental procedures must be verified in writing, within 2 years of the accident, by a qualified medical practitioner.

i. 1. Expenses under paragraph (a)(2)a. of this section shall be submitted to the insurer as promptly as practical, in no event more than 2 years after they are received by the insured.

2. Payments of expenses under paragraph (a)(2)a. of this section shall be made as soon as practical after they are received during the period of 2 years from the accident. Expenses which are incurred within the 2 years but which have been impractical to present to an insurer within the 2 years shall be paid if presented within 90 days after the end of the 2-year period.

(3) Compensation for damage to property arising as a result of an accident involving the motor vehicle, other than damage to a motor vehicle, aircraft, watercraft, self-propelled mobile equipment and any property in or upon any of the aforementioned, with the minimum limits of $10,000 for any 1 accident.

(4) Compensation for damage to the insured motor vehicle, including loss of use of the motor vehicle, not to exceed the actual cash value of the vehicle at the time of the loss and $10 per day, with a maximum payment of $300, for loss of use of such vehicle.

The owner of the motor vehicle may elect to exclude, in whole or in part, the coverage described in this paragraph by the use of certain deductibles and exclusions in accordance with filings made by the insurer with the Department of Insurance.

(b) No owner of a motor vehicle being operated in this State shall operate in this State, or authorize any other person to operate such vehicle in this State, unless the owner has insurance on such motor vehicle equal to the minimum insurance required by the state or jurisdiction where said vehicle is registered. If the state or jurisdiction of registration requires no minimum insurance coverage, then such owner must have insurance on such motor vehicle equal to the minimum insurance coverage required for motor vehicles registered in this State. However, an owner shall not be convicted under this subsection if, prior to conviction, the owner shall produce to the court in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof of insurance showing such insurance to be in full force and effect at all pertinent times when the motor vehicle was being operated in this State. The Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail or fax for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the operator’s insurer or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm by telephone that the facsimile was sent by the operator’s insurer or the insurer’s agent or broker.

(c) Only insurance policies validly issued by companies authorized to write in this State all the kinds of insurance embodied in the required coverages shall satisfy the requirements of this section.

(d) Nothing in this section shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum coverages required by this section or to require the segregation of such minimum coverages from other coverages in the same policy.

(e) Policies purporting to satisfy the requirements of this section shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required by this section.

(f) The coverage described in paragraphs (a)(1)-(4) of this section may be subject to conditions and exclusions customary to the field of liability, casualty and property insurance and not inconsistent with the requirements of this section, except there shall be no exclusion to any person who sustains bodily injury or death to the extent that benefits therefore are in whole or in part either payable or required to be provided under any workers’ compensation law.

(g) Insurers providing benefits described in paragraphs (a)(1)-(4) of this section shall be subrogated to the rights, including claims under any workers’ compensation law, of the person for whom benefits are provided, to the extent of the benefits so provided.

(1) Such subrogated rights shall be limited to the maximum amounts of the tortfeasor’s liability insurance coverage available for the injured party, after the injured party’s claim has been settled or otherwise resolved, except that the insurer providing benefits shall be indemnified by any workers’ compensation insurer obligated to make such payments to the injured party.

(2) Any settlement made with an injured party by a liability insurer shall not be challenged or disputed by any insurer having subrogated rights.

(3) Disputes among insurers as to liability or amounts paid pursuant to paragraphs (a)(1)-(4) of this section shall be arbitrated by the Wilmington Auto Accident Reparation Arbitration Committee or its successors. Any disputes arising between an insurer or insurers and a self-insurer or self-insurers shall be submitted to arbitration which shall be conducted by the Commissioner in the same manner as the arbitration of claims provided for in subsection (j) of this section.

(4) No insurer or self-insurer shall join or be joined in an action by an injured party against a tortfeasor for the recovery of damages by the injured party and/or the recovery of benefits paid by the insurer or self-insurer.

(5) Nothing contained herein shall prohibit a liability insurer from paying the subrogated claim of another insurer prior to the settlement or resolution of the injured party’s claim. However, should the amount of such settlement or resolution, in addition to the amount of any subrogated claim, exceed the maximum amount for the tortfeasor’s liability insurance coverage available for the injured party, then any insurer who has been paid its subrogated claim shall reimburse the tortfeasor’s liability insurer that portion of the claim exceeding the maximum amount of the tortfeasor’s liability insurance coverage available for the injured party.

(6) Unless specifically excepted by this subsection, this subsection shall also apply to self-insurers.

(h) Any person eligible for benefits described in paragraph (a)(2) or (3) of this section, other than an insurer in an action brought pursuant to subsection (g) of this section, is precluded from pleading or introducing into evidence in an action for damages against a tortfeasor those damages for which compensation is available under paragraph (a)(2) or (3) of this section without regard to any elective reductions in such coverage and whether or not such benefits are actually recoverable.

(i) Nothing in this section shall be construed to require an insurer to insure any particular risk. Nothing herein shall limit the insurer’s obligation pursuant to the Delaware Automobile Plan.

(j) Every insurance policy issued under this section shall require the insurer to submit to arbitration, in the manner set forth hereinafter, any claims for losses or damages within the coverages required under paragraph (a)(2) of this section and for damages to a motor vehicle, including the insured motor vehicle, including loss of use of such vehicle, upon request of the party claiming to have suffered a loss or damages within the above-described coverages of paragraph (a)(2) of this section or to such a motor vehicle. Such request shall be in writing and mailed to the Insurance Commissioner.

(1) All arbitration shall be administered by the Insurance Commissioner or the Insurance Commissioner’s nominee.

(2) The Insurance Commissioner or the Insurance Commissioner’s nominee shall establish a panel of arbitrators consisting of attorneys authorized to practice law in the State and insurance adjusters licensed to act as such in the State.

(3) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall select 3 individuals from the panel of arbitrators, at least 1 of whom shall be an attorney authorized to practice law in the State, to hear each request for arbitration.

(4) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall promulgate all rules and regulations necessary to implement this arbitration program.

(5) The right to require such arbitration shall be purely optional and neither party shall be held to have waived any of its rights by any act relating to arbitration and the losing party shall have a right to appeal de novo to the Superior Court if notice of such appeal is filed with that Court in the manner set forth by its rules within 30 days of the date of the decision being rendered.

(6) The Insurance Commissioner shall establish a schedule of costs of arbitration; provided, however, the arbitrator’s fee shall not exceed $25 per arbitrator for any 1 arbitration.

(7) The cost of arbitration shall be payable to the State Department of Insurance, and shall be maintained in a special fund identified as the “Arbitration Fund” which shall be administered by the Insurance Commissioner. These funds under no circumstances shall revert to the General Fund. All costs of arbitration including administrative expenses of the Insurance Department and the arbitrator’s fee shall be payable from this Fund.

(8) The applicant may be reimbursed the cost of filing arbitration as a part of the award rendered by the arbitration panel. If an insurer should pay an applicant damages in advance of a hearing, they shall include with those damages the cost to the applicant of filing the arbitration.

(9) This subsection shall also apply to self-insurers.

(k) Every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the Insurance Commissioner as a condition of its continued transaction of such business within this State a form approved by the Insurance Commissioner stating that its motor vehicle liability policies, on Delaware registered vehicles wherever issued, shall be deemed to provide the insurance required by this section. A nonadmitted insurer may file such a form.

(l) A motor vehicle registration shall not be issued or renewed for any vehicle not covered by a vehicle insurance policy meeting the requirements of this title. All insurers shall send to the Division of Motor Vehicles notice, in written or electronic form per the direction of the Division, of any cancellations or terminations of private passenger automobile insurance under § 3904(a)(1) of Title 18 for any private passenger automobile policies which are final and occur within the first 6 months after such policies are issued. The Insurance Commissioner may further change the timeframe for notification by regulation. All insurers shall send notice to the named insured when a motor vehicle insurance policy is canceled pursuant to the provisions of § 3905 or § 3920 of Title 18.

(m) A motor vehicle owner shall, upon request of the Division of Motor Vehicles, offer proof of insurance in full force and effect as a condition of registration or continued registration of a motor vehicle. The Division of Motor Vehicles, upon proof from its records or other sufficient evidence that the required insurance has not been provided or maintained or has terminated or otherwise lapsed at any time, shall immediately suspend the registration of the uninsured vehicle. The registration shall remain suspended until:

(1) The required insurance is obtained or replaced and the vehicle owner submits evidence of insurance on a form prescribed by the Division of Motor Vehicles and certified by the insurer or its agent; and

(2) An uninsured motorist penalty fee is paid to the Division of Motor Vehicles.

(n) (1) Except as provided in subsection (p) of this section, within 5 days of the notice of suspension from the Division of Motor Vehicles, the owner will surrender to the Division of Motor Vehicles the vehicle’s certificate of registration and the registration plate.

(2) The Division of Motor Vehicles will promulgate rules and/or regulations to cover those circumstances in which there is an allegation of lost or stolen tags.

(3) Each insurer shall report to the Division of Motor Vehicles, within 30 days on a form prescribed by the Division of Motor Vehicles, the name of any person or persons involved in an accident or filing a claim who is alleged to have been operating a Delaware registered motor vehicle without the insurance required under this chapter. At a minimum, the insurer shall provide the name, address and description of the vehicle alleged to be uninsured. Each insurer shall take reasonable care when reporting potential violations of this section, but in no case shall an insurer, provider or any of its employees or agents incur any liabilities for erroneous reports of a violation.

(4) In addition to any other penalty provided for in the Delaware Motor Vehicle Law, if the required insurance for a vehicle terminates or otherwise lapses during its registration year, the Division of Motor Vehicles shall assess the owner of the vehicle with a penalty of $100 for each vehicle without the required insurance for a period of up to 30 days. When a penalty fee is assessed, beginning on the thirty-first day of the penalty period, the penalty fee shall increase by a rate of $5.00 for each subsequent day until the insurance is replaced, tags are surrendered to the Division of Motor Vehicles, or the registration expires, whichever occurs first. The Division of Motor Vehicles shall also charge a registration reinstatement fee of $50. When the Division of Motor Vehicles assesses a vehicle owner with a penalty under this subsection, the Division shall not reinstate a registration suspended under this section until the penalty is paid, and the owner has also paid a registration reinstatement fee of $50.

(o) “Insurance identification card” shall mean a card issued by or on behalf of an insurance company or bonding company duly authorized to transact business in this State which states in such form as the Insurance Commissioner may prescribe or approve that such company has issued a vehicle insurance policy meeting the requirements of this title. If the insured and insurance company both consent, the insurance identification card may be produced in electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. The Insurance Commissioner shall require all insurance companies transacting business within this State to provide with each vehicle insurance policy an insurance identification card describing the vehicle covered. The insurance identification card shall be valid for a period not to exceed 6 months. Notwithstanding this limitation, an insurance identification card may be issued for a period of 12 months if premium has been paid for the 12-month period. If an owner shall have filed a financial security deposit, or shall have qualified as a self-insurer, the term “insurance identification card” shall mean a card issued by the Office of the Insurance Commissioner which evidences that such deposit has been filed or that such owner has so qualified.

(p) (1) The insurance identification card issued for a vehicle required to be registered under this title shall at all times, when the vehicle is being operated upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and shall be produced upon the request of a police officer or any other party involved in an accident with the insured. If the operator of a motor vehicle is unable to produce an insurance identification card at the time of a traffic stop or an accident the operator shall be issued a summons to appear in court. If the operator is convicted under this subsection and has not provided proof of insurance in effect as of the date of conviction, the court shall, in addition to any other penalties imposed, notify the Division of Motor Vehicles of the lack of insurance. The Division of Motor Vehicles shall promptly suspend the vehicle’s registration pursuant to the provisions of subsection (m) of this section.

a. Presentation of proof of insurance in electronic format shall not constitute consent for law enforcement or other state officials to access other contents of the cellular phone or other portable electronic device, and shall not expand or restrict authority to conduct a search or investigation.

b. Law-enforcement officers and other state officials shall not be liable for any damage to a cellular phone or portable electronic device resulting from its use to present satisfactory proof of motor vehicle liability insurance coverage.

c. A police officer may require the operator to electronically forward the proof of insurance to a specified location provided by the officer. The electronic insurance information would then be viewed in a setting which is safe for the officer to verify that all the information is valid and accurate.

(2) An operator shall not be convicted under this subsection if, prior to conviction, the operator shall produce to the court in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof, including but not limited to an automobile, garage keeper’s or other commercial or personal insurance policy, showing that there was insurance in full force and effect at all pertinent times covering or which would cover the said motor vehicle or the operation of the said motor vehicle by the operator charged under this subsection.

(3) Subject to paragraph (p)(2) of this section above, the Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission or other Court approved method in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is accepted by the court by any means other than personal appearance, the Court may also accept a guilty plea in absentia for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court rules to implement the handling of such cases by means other than personal appearance of the operator.

(4) Where the individual is charged with violating this section, and at the time of the alleged offense, the individual was operating a vehicle owned or leased by the individual’s employer in the course and scope of the individual’s employment, the individual shall not be convicted of violating this section unless the individual knew or should have known that the employer’s vehicle failed to meet the requirement of this section.

(q) (1) The Division of Motor Vehicles shall annually select for verification on a random sample basis not less than 10% of vehicle registrations subject to the insurance required by this section. This verification will be made through the insurers as reflected in the Division’s records.

(2) Any vehicle owner identified by the Division as a possible uninsured shall submit proof of insurance within 30 days of the Division’s request for such proof, to the Division of Motor Vehicles on a form prescribed by the Division and certified by an insurer or agent.

(3) The failure of a vehicle owner to submit the required proof under this section within a 30-day period shall be prima facie evidence that the vehicle is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.

(4) With respect to any vehicle which has:

a. Had its registration suspended by the Division of Motor Vehicles pursuant to subsection (m) of this section,

b. Had transfer of custody of its license plate ordered by the Justice of the Peace Court pursuant to subsection (p) of this section, or

c. Failed to produce proof of insurance in a timely fashion pursuant to this subsection (q) of this section,

an officer of the Delaware State Police or member of the Department of Insurance’s Fraud Prevention Bureau (“the Fraud Bureau”) may confiscate the registration plate of that vehicle at any time absent affirmative proof that the vehicle is currently insured. Prior to any confiscation pursuant to this subsection, the registered owner of a vehicle shall receive notice at least 7 days prior to confiscation by regular and certified mail that such confiscation is to occur, and shall be provided a means to prove that the vehicle has current insurance prior to the indicated confiscation date. The Division of Motor Vehicles and the Justice of the Peace Court shall provide information to the Fraud Bureau and Delaware State Police sufficient to allow those organizations to enforce this subsection. Registration plates confiscated pursuant to this subsection shall be turned over to the Division of Motor Vehicles, which shall follow procedures established pursuant to and consistent with subsection (m) of this section for return of said plates. The Fraud Bureau shall provide its members with sufficient training to ensure safe enforcement of this subsection.

(r) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided, that the applicant sets forth in said application that the suspension of such license has created an extreme hardship and that no prior occupational license has been issued within the preceding 12 months; provided, however, that no such occupational license shall be issued until the applicant demonstrates proof of liability insurance on all motor vehicles owned by such applicant or spouse. If the suspension of the driver’s license resulted from the arrest and conviction of a person stemming from an incident in which property damage or personal injury occurred, an occupational license shall not be issued, the other provisions of this subsection to the contrary notwithstanding.

(s) (1) Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and shall have that person’s driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years of a former offense, that person shall be fined not less than $3,000 nor more than $4,000 and shall have that person’s driver’s license and/or driving privilege suspended for 6 months. The minimum fine levied for a violation of subsection (a), (b), or (p) of this section may be suspended, in whole or in part, by the Court if evidence is presented that the defendant has secured insurance between the date of charge and the date of sentencing.

(2) Failure of the owner or operator to produce an insurance identification card for insurance which is in full force and effect at the time of the offense shall be presumptive evidence that such person is operating such person’s vehicle without having insurance required by this title.

(3) Notwithstanding the penalties specified above, anyone convicted of driving without minimum insurance as required in this section shall have such person’s privileges of driving suspended in this State until such time as such person has furnished proof of insurance to the Division of Motor Vehicles.

(t) (1) The Division of Motor Vehicles shall periodically select for verification of the required insurance all vehicles owned, individually or jointly, by a person who has been previously convicted of violating the provisions of this subchapter.

(2) The Division of Motor Vehicles may determine the accuracy of information relating to the proof of required insurance satisfying the provisions of this section.

(u) (1) The Division of Motor Vehicles may require evidence that any motor vehicle registered in a person’s name, individually or jointly, is covered by the insurance required by this chapter, at a conference, hearing or interview:

a. As a result of point accumulation on the owner’s motor vehicle driving record pursuant to the rules and regulations of the Division of Motor Vehicles; or

b. To show cause why the person’s license should not be suspended or revoked pursuant to the laws of this State or the rules and regulations of the Division of Motor Vehicles.

(2) The Division of Motor Vehicles may require evidence that any vehicle registered in a person’s name, individually or jointly, is covered by the insurance required by this chapter, at the time of reinstatement of driving privileges.

(3) The evidence of insurance shall be on a form prescribed by the Division of Motor Vehicles and certified by an insurer or its agent.

(4) Failure to submit the required proof under this section shall be prima facie evidence that any vehicle registered in that person’s name, either individually or jointly, is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.

(v) (1) If a person has been issued an equipment inspection notice pursuant to § 2144 of this title, the person shall send within 30 days to the Division of Motor Vehicles the evidence of insurance or security required by this chapter on a form prescribed by the Division and certified by an insurer or agent.

(2) A failure to submit the evidence required by paragraph (v)(1) of this section shall result in the suspension of the registration of the vehicle cited and the assessment of the uninsured motorist penalty fee under this section.

(w) The Division of Motor Vehicle shall conduct a study or cause such study to be conducted to assess the feasibility and costs of establishing a direct computer link between the Division of Motor Vehicle’s registration files and the insurance companies’ data bases for the purposes of allowing the Division to conduct “real time” status reports of uninsured motorists. The Division of Motor Vehicles shall also conduct a study or cause such study to be conducted to analyze the ramifications of implementing an uninsured motorist program in the State similar to that of Virginia’s Uninsured Motorist Program.

(x) Notwithstanding any contrary provisions of the Code, there shall be established a special fund of the State to be known as the D.M.V.T. Fund. The Secretary of Finance shall, commencing upon July 18, 1995, and commencing at the beginning of each fiscal year thereafter, cause to be deposited into the D.M.V.T. Fund amounts received as payments of fines and costs assessed by the Justice of the Peace Courts and/or the Court of Common Pleas under this section, until the amount deposited in said fiscal year shall equal $150,000.

(y) The purpose of the D.M.V.T. Fund is to provide for the administrative costs associated with this Act. Any balance in the D.M.V.T. Fund as of the last day of the fiscal year in excess of $15,000 shall be deposited to the General Fund. The Secretary of Finance shall make deposits to the D.M.V.T. Fund as required under this section commencing after August 1, 1995.

(z) The Director of the Division of Motor Vehicles may adopt such rules and regulations, not inconsistent with this title, as are necessary to enforce this section.
21 Del. C. § 2197 — Delaware Code / Title 21 / Chapter 21 / Subchapter VII / Section 2197
§ Â
        2197. Street rods.
Status: in_force

(a) If any modified antique motor vehicle manufactured more than 25 years prior to the current year, hereinafter referred to as a “street rod,” is duly registered in the State, the owner of such street rod may apply to the Secretary of the Department of Transportation, on special application forms prescribed by the Secretary, for a special street rod motor vehicle plate, to be displayed on such street rod in lieu of the standard vehicle registration plate.

(b) Any street rod, registered pursuant to this section, shall be used only for participation in club activities, exhibits, tours, parades and similar uses, but in no event shall it be used for general transportation.

(c) Upon receipt of an application for a special street rod motor vehicle plate on a form prescribed by the Secretary, the Secretary shall issue to such applicant a special street rod motor vehicle plate on a permanent basis, and it shall bear the inscription “STREET ROD” with yellow letters on a blue background. In addition, such plates shall have displayed thereon the word “DELAWARE,” the words “THE FIRST STATE,” the expiration date of the plates and the vehicle number assigned to the vehicle by the Secretary. This special plate shall be issued for the applicant’s use only for such motor vehicle, and in the event of a transfer of title, the transferor shall surrender the special plate to the Secretary.

(d) Upon approval of the application the Secretary shall assess the applicant an initial fee of $25, in addition to the registration fee levied under this chapter. The special plate shall be renewed upon payment of the registration fee levied under this chapter.

(e) A “street rod” shall mean a vehicle, the body and frame of which were manufactured more than 25 years prior to the current year and which has been modified for safe road use, or a kit car which resembles that of an original vehicle manufactured more than 25 years prior to the current year and has also been modified for safe road use. For the purposes of this section “modified” means, but is not limited to, a substantial and material alteration, or replacement of the engine, drive-train, suspension or brake system or alteration of the body which may be chopped, channeled, sectioned, filled or otherwise changed dimensionally from the original manufactured body.

(f) Street rod requirements:

(1) Door latches. — Every street rod that is equipped with doors leading directly into a compartment that contains 1 or more seating accommodations shall be equipped with mechanically or electrically activated door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened from the inside by the activation of a convenient lever handle or other suitable device.

(2) Glazing. — Every street rod shall be equipped with a laminated safety glass windshield that complies with the provisions appearing in the current ANSI Z26.1 Standard, AS1 or AS10. The windshield shall be in such a position that it affords continuous horizontal frontal protection to the driver and front seat occupants.

The minimum vertical height of the windshield glass shall be not less than 7 inches, or as originally equipped by a recognized manufacturer.

a. Side and rear glass. — These items are not required, but if they are present, they must comply with the provisions of current ANSI Z26.1 Standard. (AS1, AS2, AS4, AS6, AS10, or AS11.)

b. Window tinting. — Shall be allowed only as permitted in Delaware Motor Vehicle Regulations, § 4313 of this title and [former] Division of Motor Vehicles Policy Regulation number 76 [see now 2 DE Admin. Code 2277].

(3) Hood latches. — A front opening hood should be equipped with a primary and a secondary latching system to hold in a closed position.

(4) Hood. — a. Hoods on street rods shall be optional, but if the hood, top and/or sides are removed from the vehicle, the fan must be enclosed within a shroud of substantial rigid material to prohibit anyone from inadvertently being injured and to prevent the fan from flying up from the engine compartment should it become loose.

b. Protrusions from engine compartment shall be no more than 6 inches above the highest point of the hood, or when the hood has been removed 6 inches above the highest point of the hood’s normal location.

(5) Instrumentation & controls. — a. Speedometer. — Every street rod shall be equipped with an operating speedometer calibrated to indicate “miles per hour.”

b. Odometer. — Every street rod shall be equipped with an operating odometer calibrated to indicate “total miles driven.”

c. Steering wheel. — Every street rod shall be equipped with a circular steering wheel with an outside diameter of not less than 13 inches.

(6) Rear view mirror. — Every street rod shall be equipped with 2 rear view mirrors, each providing a clear field of vision 200 feet to the rear.

One shall be mounted on the inside of the vehicle in such a position that it affords the driver a clear view to the rear. The other shall be mounted on the outside of the vehicle on the driver’s side in such a position that it affords the driver a clear view to the rear. When an inside mirror does not give a clear view to the rear due to window tint or other obstructions, a right-hand outside mirror shall be required in lieu thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical directions.

(7) Seat belts. — Every street rod shall be equipped with a safety belt system for each occupant of the vehicle. Any such safety belt system must at a minimum be a Type 1 (lap belt) and must meet Federal Motor Vehicle Safety Standard 209 [49 C.F.R. § 571.209]. All safety belts systems shall be securely anchored to the body or frame.

(8) Windshield wipers. — Every street rod shall be equipped with at least 1 windshield wiper installed in a position which effectively clears the windshield area directly in front of the driver. The operation of the windshield wiper shall be controlled by the driver from within the vehicle and shall be electrically or vacuum-operated.

(9) Accelerator control system. — Every street rod shall be equipped with an accelerator control system that returns the engine throttle to an idle position when the driver removes the actuating force from the accelerator control.

(10) Service brakes. — Every street rod shall be equipped with hydraulic brakes acting on all wheels. The service brakes, upon application, must meet all the requirements as specified in the Delaware Motor Vehicle Regulations, § 4303 of this title.

(11) Parking brakes. — Shall meet all the requirements of the Delaware Motor Vehicle Regulations, § 4304 of this title.

(12) Bumpers. — Shall be optional on street rods.

(13) Exhaust systems. — Every street rod shall be equipped with an exhaust system that is free of leaks including the exhaust manifolds (including headers), the piping leading from the flange of the exhaust manifold(s) and the tail piping.

Exhaust systems on street rods shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. No part of the exhaust system shall pass through any area of the vehicle that is used as a passenger carrying compartment. Every street rod must be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Muffler cutouts or mufflers without internal baffle plates are prohibited.

(14) Fenders. —

Street rods shall not be required to have fenders on wheels.

(15) Fuel systems. — Every street rod shall have all fuel system components, such as tank tubing, hoses, clamps, etc., securely fastened to the vehicle with fasteners designed for this purpose so as not to interfere with the vehicles’ operation and shall be leak proof.

Fuel lines shall be positioned so as not to be in contact with high temperature surfaces or moving components.

(16) Steering. — A street rod shall have no steering components extending below the wheel rims in their lowest position. The use of unconventional steering components such as chain drive, sprockets or electric solenoids shall be prohibited. The steering system shall remain unobstructed when turned from lock to lock.

(17) Suspension. — A street rod shall be equipped with a damping device at each wheel.

(18) Tires & wheels. — The tires and wheels on street rods shall comply with current Federal Motor Vehicle Safety Standards (D.O.T. approved). All tires must be grooved and have 3/32″ tread depth minimum.

(19) Electrical system. — a. Lighting. — 1. Street rods shall have a minimum of 2 headlights.

2. All headlights must be equipped with 2-position dimmer switch which will lower and raise the candle power of the headlights. Rheostat type switch not allowed.

3. Vehicle must be equipped with taillight, brake lights and a license plate light which illuminates the license plate.

4. Two taillights and 2 brake lights required. Each light shall provide 6 square inches of luminous lens area unless a National Street Rod Association inspector verifies the lights are original equipment.

5. All replacement lenses shall be made of approved reflective material.

6. Street rods shall have turn signals, front and rear. Each turn signal shall provide 6 square inches of luminous lens area, unless a National Street Rod Association inspector verifies the turn signals are original equipment.

b. Horn. — Every street rod shall be equipped with a horn that is electrically operated and that will emit a minimum sound level of 92 db(A) measured at a distance of 200 feet directly in front of the vehicle under clear weather conditions. The switch used to actuate the horn shall be easily accessible to the driver when operating the vehicle.

(20) Automatic transmission lockout. — Street rods equipped with an automatic transmission shall have a neutral safety switch which allows the vehicle to start in either neutral and/or park only.

(21) Emission. — Street rods shall be exempt from state and federal emission standards.

(22) Except as required by this section, unless the presence of certain equipment was specifically required by a statute of this State as a condition of sale when the vehicle was manufactured, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
21 Del. C. § 8601 — Delaware Code / Title 21 / Chapter 86 / Section 8601
§ Â
        8601. Short title.
Status: in_force

This chapter shall be known as the “Peer-to-Peer Car Sharing Program Act.”
21 Del. C. § 2611 — Delaware Code / Title 21 / Chapter 26 / Section 2611
§ Â
        2611. Commercial driver license [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) Content of license. — The commercial driver license must be marked “Commercial Driver License” and must be, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information:

(1) The name and residential address of the person;

(2) The person’s photograph;

(3) A physical description of the person including sex, height, weight, and eye color;

(4) Date of birth;

(5) Any unique number or identifier deemed appropriate by the Division of Motor Vehicles;

(6) The person’s signature;

(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions;

(8) The name of this State;

(9) The issue date of the current license; and

(10) The expiration date of the current license.

(b) Classifications, endorsements and restrictions. — Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper endorsement appears on the license:

(1) Classification. — a. CDL Class A. — Any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of the towed unit(s) is in excess of 10,000 pounds.

b. CDL Class B. — Any single vehicle with a GVWR of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds.

c. CDL Class C. — Any single vehicle or combination of vehicles with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds that is either designed to transport 16 or more passengers, including the driver; or used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. Part 172, subpart F.

(2) Endorsements. — a. “H” — Authorizes the driver to drive a vehicle transporting hazardous materials.

b. “T” — Authorizes driving double and triple trailers.

c. “P” — Authorizes driving vehicles carrying passengers.

d. “N” — Authorizes driving tank vehicles.

e. “X” — Represents a combination of hazardous materials and tank vehicle endorsements.

f. “S” — Authorizes driving school buses.

(3) Restrictions. — a. “L” — Restricts the driver from operating vehicles equipped with airbrakes.

b. “Z” — Restricts the driver from operation of full air brake system vehicles.

c. “E” — Restricts the driver from operation of manual transmission vehicles.

d. “O” — Restricts the driver from operating tractor-trailer CMVs.

e. “M” — Restricts the driver from operating a Class A passenger vehicle.

f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.

g. “K” — Restricts the driver from operating a CMV outside the State of Delaware.

h. “V” — Restricts the driver from operating a CMV without a valid medical variance issued through the Federal Motor Carrier Safety Administration.

(c) Applicant record check. — Before issuing a commercial driver license or permit to any person, the Division will perform a records check of the commercial driver license information system, the national driver register’s problem driver pointer system, and/or any other information system designated by federal regulation to confirm the holder’s identity and determine the applicant’s license eligibility. The records check will be performed no earlier than 24 hours prior to the issuance of a commercial driver license or permit. A commercial driver license will not be issued before these mandatory record checks are completed.

(d) License surrender. — A commercial driver license or permit may not be issued to a person who has a CDL or a driver’s license issued by another state unless the person first surrenders all such licenses. The Division will either return the surrendered license to the issuing state for cancellation or the Division will destroy the surrendered license document and notify the previous issuing state that the person is now licensed in this State.

(e) Notification of license issuance. — Within 10 days after issuing a commercial driver license or commercial learner permit, the Division of Motor Vehicles must notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person. In the case of transfer issuances, the Division will also implement change state of record transactions in the commercial driver license information system, thereby notifying the commercial driver license information system and the previous state of record that Delaware is now the state of record.

(f) Expiration of license. — Upon receipt of the application and fee and after such examination as provided in this chapter, the Division shall issue, if the applicant has complied with the provisions of this title, a commercial motor vehicle driver license which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every eighth year. Notwithstanding the provisions of the first sentence of this subsection, the Secretary shall issue a commercial motor vehicle driver license endorsed for the transport of hazardous materials for a period of 5 years or less to coincide with the expiration of the Transportation Security Administration approval for the driver to transport hazardous materials.

(g) License transfer and renewal procedures. — Every person applying for a license transfer or renewal of a commercial driver license must complete the application form required by § 2610(a) of this title providing updated information and required certifications, supplying any CDL issued by the previous state, and provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years. If the applicant wishes to retain a hazardous materials endorsement, the applicant must have passed the tests required by 49 C.F.R. § 383.121. At the time of application for a transfer, the applicant shall appear and be photographed.

(h) Fees. — (1) The fee for a commercial motor vehicle driver license is $55 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee is $30. The fee for a non-CDL Class A or non-CDL Class B driver license is $40.

(2) The fee for renewal of a commercial motor vehicle driver license is $55 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for renewal of a non-CDL Class A or non-CDL Class B driver license. is $50. A late fee of $10 is assessed in addition to the renewal fee for every person whose commercial motor vehicle driver license has expired.

(3) The fee for changing from 1 class to another class is $10, if the change requires a written examination or skills test. There is no fee assessed if the driver wishes to change to a class of a lower weight vehicle and such change is made at time of renewal of license.

(4) If the applicant wishes to add an endorsement after a commercial driver license has been issued, the fee for adding the endorsement is $10.

(5) The fee for removal of a restriction after a commercial driver license has been issued is $10.

(i) Compliance with the Military Selective Service Act. — (1) Any male applicant who applies for a commercial driver license instruction permit or license or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the “Military Selective Service Act,” 50 U.S.C. App. § 453, as amended.

(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (i)(1) of this section to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that the applicant’s signature constitutes consent to registration with the selective service system, if the applicant is not already registered.
21 Del. C. § 2710 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2710
§ Â
        2710. Issuance of a Level 1 Learnerâs Permit and Class D operatorâs license to persons under 18 years of age.
Status: in_force

(a) The Division, upon receiving from any person who is at least 16 years old but less than 18 years old or a person who is receiving special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, an application for a Level 1 Learner’s Permit, together with the fee required by law, may, in its discretion, issue such a permit entitling the applicant, with such a permit in the applicant’s immediate possession, to drive a motor vehicle upon the highways of this State provided they meet all requirements for the permit. Eye screening and medical examinations will be required in accordance with Division policies.

The Division may issue a distinctively designed Level 1 Learner’s Permit document or issue the permit holder a Class D license encased in a packet which explains the driver’s limited driving privileges. If the permit holder completes the 12-month driving experience and the sponsor does not withdraw their endorsement, the Division will notify the permit holder by mail that the permit holder is eligible for a Class D license. The time used to compute the 12 months of driving experience shall not include any period of time when the permit holder’s driving privileges were suspended, revoked, canceled, denied or surrendered.

(b) Level1 Learner’s Permit. — A person who is at least 16 years old but less than 18 years old, or a person who is receiving special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, may obtain a Level 1 Learner’s Permit if the person has:

(1) Successfully completed a course in driver education in a public or private high school in this State, which has been approved by the Department of Education and meets the standards for such courses described by that Department. If the applicant has completed a course of instruction in driver education in a public or private high school outside this State, the applicant must produce a certified copy of that applicant’s high school transcript evidencing the completion of the driver education course;

(2) Passed a written test and road skills test administered by the Division or administered by a driver education teacher. Students who require specialized evaluation, training or equipment to operate a motor vehicle because they are persons with a physical or mental disability will be identified by the driver education teacher and tested by the Division;

(3) Been certified by the driver education teacher as qualified for licensing; and

(4) Submitted an application signed by a sponsor as required by subsection (e) of this section.

(c) Restrictions pertaining to theLevel1 Learner’s Permit. — A learner’s permit authorizes the permit holder to drive the specified type or class of motor vehicles as those defined under § 2702(d)(1) of this title for 12 months only under the conditions listed below. If the learner’s permit expires, the applicant will pay the appropriate fees and pass a written and road skills examination conducted by the Division.

(1) The Level 1 Learner’s Permit must be in possession of the permit holder.

(2) When the permit holder is under mandatory supervision, the permit holder must be supervised by a properly licensed parent, guardian or a licensed driver at least 25 years of age who has held a Class D license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.

(3) For the first 6 months after issuance, the permit holder may only drive supervised. In order for the permit holder to be able to drive unsupervised as called for in paragraph (c)(4) of this section, a parent or guardian shall certify that the permit holder has completed 50 hours of driving time, which shall include 10 hours of nighttime driving. This certification form shall be developed by the Division of Motor Vehicles, Department of Education and Department of Highway Safety and shall be signed by the parent or guardian and submitted to a Department of Education approved program at the end of this 6-month period.

(4) After the first 6 months from issuance, the permit holder may drive unsupervised between the hours of 6:00 a.m. and 10:00 p.m. Such a permit holder may drive only with supervision from 10:00 p.m. to 6:00 a.m. with the exception of times when the permit holder is traveling to and from church activities, work activities and the permit holder’s school. For purposes of this section, the term “school” shall not include school-related activities that do not take place on school property.

(5) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle during the first 12 months. However, the passenger restrictions of this paragraph shall not apply to immediate members of the driver’s family provided the adult supervisor is in the car. During the second 6-month period of unsupervised driving, when a supervisor is not present, only 1 other passenger in addition to the driver can be in the vehicle.

(6) The restrictions of paragraph (c)(4) of this section shall not apply to those individuals who are Delaware volunteer fire fighters and ambulance attendants as long as they have permission from their fire chief or ambulance captain in writing with the permit referenced in paragraph (c)(1) of this section and are returning home from their company stations or place of education or training relating to their respective duties for the sole purpose of either an emergency response, an official fire or ambulatory meeting, or education or training relating to said duties.

(7) The permit holder and all passengers, under the age of 18, in the vehicle must wear a seat belt or be secured in a child safety seat or booster seat as required by § 4802 or § 4803 of this title when the vehicle is in motion.

(8) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section.

(d) Class D license qualifications. — A person who is at least 17 years old but less than 18 years old, or who is at least 17 years old but less than 22 years old and receiving special education services under an active Individual Education Program (IEP), may obtain a Class D operator’s license if the person meets the following requirements:

(1) The person has held a Level 1 Learner’s Permit issued by the Division for at least 12 months; and

(2) The person has an application signed by a sponsor as specified in subsection (e) of this section. The sponsor’s signature on the Level 1 Learner’s Permit application authorizes the minor to obtain the Class D operator’s license when eligible unless the sponsor withdraws, in writing, their authorization for any such license or permit.

(e) The Division shall not grant the application of any minor between the ages of 16 years and 18 years or a person receiving special education services under an active Individual Education Program (IEP) between the ages of 16 and 22 for an operator’s license or Level 1 Learner’s Permit unless such application is signed both by the applicant and a sponsor who is the applicant’s parent, guardian, Division of Family Services case worker or court-ordered custodian who resides in this State.

(1) Nevertheless, if the applicant has no parent, guardian, Division of Family Services case worker or court-ordered custodian residing in the State to act as the applicant’s sponsor, another responsible adult person acceptable to the Secretary of Transportation who resides with the applicant in this State may sign the application.

(2) The following sponsors are listed in order of preference:

a. Either parent of the minor if both parents are living together within this State and the minor resides with both parents.

b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;

c. Guardian, Division of Family Services case worker or court-ordered custodian of the minor, duly appointed, as such, under the laws of this State; or

d. Any suitable person acceptable to the Secretary of Transportation.

(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian, Division of Family Services case worker or court-ordered custodian who signs the minor’s driver license application be present at the time the application is made by minor or sign the application at the offices of the Division of Motor Vehicle. The signing of the application and acknowledgment thereof, by the parent, guardian, Division of Family Services case worker or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. However, sponsors designated in paragraph (e)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative.

(4) The sponsor who signs the driver’s license application on behalf of a minor has final authority to determine if the minor is capable of handling the responsibility of operating a motor vehicle and authority to designate who can supervise the minor driver per paragraph (c)(2) of this section. The sponsor who signed the application on behalf of the minor can withdraw their endorsement at any time until the minor reaches age 18, thereby canceling the minor’s driving authority regardless of the type of permit or license held. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. To reinstate the canceled driving privileges, an approved sponsor must sign the application on behalf of the minor. When the minor turns 18, they can reinstate their previously held driving privileges without a sponsor’s signature. The applicant can reinstate the driving privileges of a canceled license when they meet the license requirements and pay the appropriate license fee.

(5) It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application misstates the age of the minor or misrepresents the sponsor’s relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor, and both the minor applicant and the sponsor’s driving privileges shall be suspended for 2 months per § 2733(a)(5) of this title.

(6) It is unlawful for a sponsor to knowingly allow the holder of a Level 1 Learner’s Permit to drive in violation of paragraph (c)(2) of this section. A sponsor who violates this provision is guilty of an unclassified misdemeanor.

(f) Out-of-state driver license transfer. — A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a driver’s license issued by that state, and who becomes a resident of this State may obtain Delaware driving authority under the following conditions:

(1) If the applicant was issued the out-of-state driver’s license for less than 12 months, they are eligible to apply for a Level 1 Learner’s Permit when meeting the requirements under subsection (b) of this section and successfully completing a driver education training program approved by the Delaware Department of Education.

(2) If the applicant was issued the out-of-state driver’s license for over 12 months, and has successfully completed a driver education training program approved by the Delaware Department of Education, that applicant is eligible to apply for a Class D operator’s license after meeting the requirements of subsection (e) of this section. Additionally, such a minor applicant must pass a written and road skills examination conducted by the Division.

(3) If the applicant holds an out-of-state driver’s license and that applicant is over 18 years old, that applicant can apply for a Delaware Class D operator’s license under §§ 2712 and 2713 of this title.

(g) Duration and fees. —

(1) A Level 1 Learner’s Permit expires 12 months after the date of issuance. If the applicant’s learner’s permit expires, the permit shall be void. The permit can be reissued when the applicant meets the permit requirements.

(2) Except as provided under paragraph (g)(3) of this section, the applicant must pay the $40 Class D license fee at the time of initial application.

(3) An applicant is not required to pay a license fee if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.

(h) It is unlawful for the holder of a Level 1 Learner’s Permit to operate a motor vehicle in violation of the restrictions that apply to the Level 1 Learner’s Permit. Failure to comply with these restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title.

(i) The Division shall not issue an operator’s license or Level 1 Learner’s Permit to a person who has not reached the person’s eighteenth birthday at the time of the offense if the person has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult as set forth in § 2732(a) of this title.

(j) The Department may immediately suspend a minor’s permit, license and/or driving privileges whenever the Department has reason to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation. The Secretary may promulgate policy regulations more stringent than those that apply to other drivers when suspending minors. The suspension period will be for l month for the first suspension and 3 months for subsequent suspensions under this subsection. No suspension under this section shall be used by a motor vehicle insurance company licensed to sell insurance in this State as a basis for canceling a policy of insurance or to raise the premium cost to the insured.

(k) Driver education learner’s permit. — The Division, upon receiving proper notice that a person is currently enrolled in a driver’s education course and successfully completed the minimum class hours of actual driving experience and in-the-car observation as approved by the Department of Education, may issue a driver education learner’s permit to such person after the person’s sixteenth birthday, or before the person’s twenty-second birthday if the person is enrolled in an active Individualized Education Program, provided the person meets all other Division requirements. The Division may issue a driver education learner’s permit to those who meet the requirements of this section and need supervised driving experience before completing the road skill s test. The full driver license fee shall be collected at the time of the application. The permit is valid for 4 months. If for any reason whatsoever the applicant fails to pass the required examinations during the 4-month period granted by the permit, the permit shall be void and the driver license fee shall be forfeited. The application must be signed by the sponsor pursuant to subsection (e) of this section.

(1) Any person issued a driver education learner’s permit pursuant to this subsection is entitled to drive a motor vehicle described in § 2702(d)(1) of this title upon the highways only when supervised by a properly licensed parent or guardian. If the parent(s) or guardian(s) is (are) not licensed to operate a motor vehicle or the permit holder is in the custody of the Department of Services for Children, Youth and their Families, the holder of the driver education learner’s permit must be supervised by a licensed driver who is 25 years of age or older and have held a Class D driver’s license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.

(2) The driver education learner’s permit must be in the possession of the permit holder.

(3) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle. However, this passenger limit does not apply to members of the driver’s immediate family.

(4) Driving experience obtained while holding this permit will be counted towards and in conjunction with the driving experience restrictions contained in paragraph (c)(3) of this section.

(5) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section.
21 Del. C. § 8112 — Delaware Code / Title 21 / Chapter 81 / Subchapter II / Section 8112
§ Â
        8112. Compensation of compact administrator.
Status: in_force

The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of the compact administrator’s service as such administrator but shall be entitled to expenses incurred in connection with the compact administrator’s duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of the compact administrator’s office or employment.
21 Del. C. § 2140H — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140H
§ Â
        2140H. Special registration plates supporting migratory shorebirds.
Status: in_force

(a) An owner of a motor vehicle may apply to the Division of Motor Vehicles (“Division”) for the assignment to that motor vehicle of a migratory shorebird special registration plate.

(b) (1) On the initial application for a special registration plate under this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual fee required by this title. After making the initial application for a special registration plate under this section, an owner of a motor vehicle shall pay a $25 annual surcharge for each plate, in addition to the regular registration fee.

(2) The 1-time fee and annual surcharge under paragraph (b)(1) of this section are required for all persons applying for a special registration plate under this section, including members of nonprofit organizations, even if members are exempt from registration fees under § 2159 of this title.

(3) A replacement special registration plate may be obtained upon payment of a fee to be set by the Division, which must cover the cost of the plate.

(c) The Division shall deposit the moneys collected under paragraph (b)(1) of this section into a special fund for the purpose of promoting the sale of the special registration plate and administering this section. The Division shall apply the proceeds remaining after the Division has covered the costs of promoting and administering this section as provided under subsection (d) of this section.

(d) The Division shall deposit with the State Treasurer the annual surcharge and the nonadministrative portion of the 1-time fee required under paragraph (b)(1) of this section. The State Treasurer shall direct the deposited funds to the Delaware Ornithological Society for use to support its mission.

(e) (1) All special registration plates issued under this section must be of the colors and design as determined by the Delaware Ornithological Society and a member of the Division.

(2) The numbers and letters assigned by the Division must be the same as the registration plate assigned to an owner’s motor vehicle at the time of the application for the special registration plate. The Division may not assign special numbers or letters for special registration plates issued under this section.

(3) The Division may refuse any design which it believes would cause a public safety enforcement problem.

(f) The Division may promulgate rules and regulation to administer this section.
21 Del. C. § 4313A — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4313A
§ Â
        4313A. Commercial window tinting.
Status: in_force

(a) No person who installs window tinting material in motor vehicles as part of a commercial activity shall do so in violation of the requirements of § 4313 of this title.

(b) Whoever violates subsection (a) of this section shall be fined not less than $100 nor more than $500. If any fee was charged for such installation, the violator shall pay restitution to the owner of the vehicle in the amount of the fee charged for installing the illegal window tinting.
21 Del. C. § 6901 — Delaware Code / Title 21 / Chapter 69 / Section 6901
§ Â
        6901. Removal of motor vehicles from public highways by police; sale of vehicles; towers.
Status: in_force

(a) Any police officer of this State, or a county or municipality therein, while in the performance of duty, may remove, store or cause to be removed or stored from any public highway, highway right-of-way, street or alley, at the owner’s or operator’s expense, any motor vehicle, trailer or part thereof which:

(1) Is unregistered or has an expired registration; or

(2) Is parked or left standing in such manner as to create a hazard by interfering with the normal movement of traffic:

a. By preventing the exit from or entrance to any public highway, private road or driveway;

b. By interfering with emergency firefighting equipment;

c. By being involved in a collision and rendered incapable of being moved under its own power, when the owner or operator has been arrested and detained; or

d. When the owner or operator is unable, unwilling or not available to do so immediately.

Anyone so removing any motor vehicle, trailer or part thereof shall have a possessory lien against said motor vehicle, trailer or part thereof for the costs of removing, towing, preserving and storing said motor vehicle, trailer or part thereof and shall have the right to sell said motor vehicle, trailer or part thereof after complying with the notice and sale provisions outlined in Chapter 39 of Title 25, with the exception that the proceeds of the sale shall be applied first to the costs of the sale, then to the costs of removing, towing, preserving and storing and then to the payment of any liens to which said motor vehicle, trailer or part thereof may be subject in order of their priority, then to the State Treasurer who shall create a special fund thereof and who shall pay to the owner the moneys held if a claim is made within 1 year of the removal or deposit the moneys in the General Fund if no claim is made within 1 year of removal. Any possessory lien created under this section shall not extend to any personal property that is not attached to or considered necessary for the proper operation of any motor vehicle, and such property shall be returned to the owner of the motor vehicle if the owner of the motor vehicle claims the items prior to the sale of such motor vehicle.

There shall be no liability incurred by any police officer of this State or a county or municipality therein, or agents directed by them, whether or not they are also police officers, while in the performance of duty, for damages incurred to immobilized motor vehicle or vehicles moved under this subsection, or to the vehicle’s contents or surrounding area caused by the emergency measures employed by the officer or employee to move the vehicle or vehicles for the purpose of clearing the lane or lanes to remove any threat to public safety, unless the circumstances meet the conditions for liability established in § 4001(2) or (3) or § 4011(c) of Title 10.

(b) In effecting the removal and subsequent storage of such vehicles, any police officer of this State, or a county or municipality therein, may select and engage the services, vehicles, equipment or facilities of another person, hereinafter called the “tower”, who shall be compensated at the expense of the owner or operator. Such selection shall be made pursuant to the regulations promulgated under subsection (c) of this section.

(c) The Department of Safety and Homeland Security shall promulgate regulations governing the selection of towers by State Police officers. Such regulations shall prescribe qualifications for eligibility of towers to be selected by police officers under this section, shall describe the method to be used by police officers in selecting from eligible towers, and may make such other provisions as the Department of Safety and Homeland Security deems fit; provided, however, that there shall be no prohibitions against the owner of a vehicle from choosing the tower of that person’s choice if no emergency exists. All eligible towers shall file with the Superintendent of the Delaware State Police a schedule of towing charges of such towers and other incidental charges of such tower customarily incurred in connection with the towing and storage of vehicles under the section.
21 Del. C. § 6816 — Delaware Code / Title 21 / Chapter 68 / Section 6816
§ Â
        6816. Operation of OHVs â While under the influence or with a prohibited alcohol or drug content.
Status: in_force

A person shall not operate an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title. A violation of this section shall be an unclassified misdemeanor.

(1) When such operation is upon private property with the express permission of the person in control of the property or such operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions of this chapter shall apply.

(2) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof located within this State.

(3) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation causes physical injury, serious physical injury, or death to another person. Nothing in this section shall preclude conviction for a violation of either this section or § 4177 of this title and any offense as defined elsewhere in this Code.
21 Del. C. § 2118A — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2118A
§ Â
        2118A. Unlawful possession or manufacture of proof of insurance, penalties.
Status: in_force

(a) It shall be unlawful for any person to possess, manufacture, sell, distribute or circulate a fictitious insurance identification card or any fictitious proof of insurance. A fictitious insurance identification card shall be any document in written or electronic format not manufactured in compliance with § 2118(o) of this title. Fictitious proof of insurance shall be any document in written or electronic format not produced in compliance with § 2118(o) of this title.

(b) It shall also be unlawful for any person to possess, manufacture, sell, distribute or circulate a blank insurance identification card. However, the following shall be exempt from this subsection: Office of the Insurance Commissioner, insurance companies or bonding companies or their employees or agents or employees of such agents in the discharge of their employment duties.

(c) Any person convicted of a violation of subsection (a) or (b) of this section shall be fined for the first offense not less than $500, nor more than $1500, or imprisoned not less than 30 days, nor more than 60 days, or both. For each subsequent violation, the person shall be fined not less than $1000, nor more than $2000, or be imprisoned not less than 60 days, nor more than 6 months, or both.
21 Del. C. § 3305 — Delaware Code / Title 21 / Chapter 33 / Section 3305
§ Â
        3305. Prohibited acts.
Status: in_force

(a) A licensed transporter, or any agent or employee of the transporter, may not permit any individual to operate a vehicle or mobile home bearing a transporter plate if they know the individual does not have a valid driver’s license.

(b) A licensed transporter, or any agent or employee of the transporter, may not commit any illegal activity incident to the transport of a vehicle, and may not commit fraud in the execution of, or any material alteration of, a contract, power of attorney, or other document incident to the transport of a vehicle.

(c) A licensed transporter, or any agent or employee of the transporter, may only use a transporter plate or allow a transporter plate to be used on an unregistered vehicle delivered by the transporter. A transporter plate may not be used on any motor vehicle or mobile home that is registered in any state. A transporter plate may not be used on any OHV or any other mobile equipment or motorized apparatus which is not eligible to be registered within Delaware.

(d) A licensed transporter, or any agent or employee of the transporter, may not use a transporter plate on a vehicle without first preparing a written record as required by § 2124(d) of this title.

(e) A licensed transporter, or any agent or employee of the transporter, may not use a transporter license plate on a vehicle owned or leased by the transporter, its officers, or any of its employees.
21 Del. C. § 2704 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2704
§ Â
        2704. Licenses of new residents; penalty.
Status: in_force

(a) Every person desiring to operate a motor vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain the proper license.

(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the violator shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.

(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident applicant for a license to operate a motor vehicle. Every applicant for a driver’s license shall sign an acknowledgment provided by the Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or town in which the applicant temporarily resides or is domiciled for that length of time.

All such signed acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs, which may include storage on microfiche or other nonpaper forms of permanent retention.
21 Del. C. § 2139O — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139O
§ Â
        2139O. Marine Education, Research and Rehabilitation Institute, Inc. special license plates.
Status: in_force

(a) The owner of a motor vehicle which is a private passenger vehicle or a truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less may apply to the Division of Motor Vehicles for a special Marine Education, Research and Rehabilitation Institute, Inc. license plate.

(b) Upon the initial application for a license plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.

(c) The 1-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund division projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) All license plates issued pursuant to this section shall be of the colors and design requested by the Marine Education, Research and Rehabilitation Institute, Inc. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. No special numbers or letters will be authorized for these plates. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside for use by the Marine Education, Research and Rehabilitation Institute, Inc.

(f) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 2736 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2736
§ Â
        2736. Notice; evidence of motor vehicle records.
Status: in_force

(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license.

(b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person’s address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.

(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:

(1) The certificate of any officer or employee of the Department;

(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or

(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system.

(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the Department to appear personally in court.

(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that person’s driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code.
21 Del. C. § 2132 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2132
§ Â
        2132. Regulations by Secretary of Transportation; power to suspend right to issue temporary plates.
Status: in_force

The Secretary of Transportation shall have the power to make rules and regulations, not inconsistent with §§ 2129, 2130 and 2131 of this title, to carry out the provisions thereof relative to temporary registration plates, and the said Secretary shall have the specific power, after hearing, to suspend the right to issue temporary plates of any dealer who fails to comply with the requirements of said sections or of any regulation consistent therewith.
21 Del. C. § 4504 — Delaware Code / Title 21 / Chapter 45 / Section 4504
§ Â
        4504. Regulations; fees; permits for excessive size and weights.
Status: in_force

(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to paragraph (c)(1) of this section for vehicles operating on any interstate highway within this State shall be $1.00 per single trip permit.

(b) (1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter.

(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole maintenance responsibility.

(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions, rules, conditions and regulations as deemed necessary.

(4) Permits may be obtained only for vehicles or trailers complying with this title.

(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and regulations otherwise applicable.

(c) (1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal point. Intermediate stopping points and round trips are not permitted.

(2) Multi-trip permits shall be issued for a period of 1 year or the period from the first day of the month to the first day of the following month. Each permit shall be valid as authorized herein; it shall not be transferable.

a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at the time of issue.

b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.

c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual tractor only.

d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs. with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall not be vehicle specific; it is route specific.

e. Permits shall not be issued under paragraph (c)(2)d. of this section for any route which has a posted speed limit over 30 m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.

f. Multi-trip permits shall not be issued for any purpose not specifically authorized in paragraph (c)(2)a., b., c. or d. of this section.

g., h. [Deleted.]

(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101 of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled crane. These blanket permits can be renewed each year. For purposes of this subsection, a “blanket permit” is an unlimited movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations adopted by the Department of Transportation.

(e) (1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open to inspection by any police officer.

(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.

(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.

(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of the original or they may be posted at the destination point of the route or they may be retained at the nearest office of the permittee.

(5) [Deleted.]

(f) (1) No person shall fail to provide accurate information concerning the granting of a permit.

(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.

(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned or transferred.

(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as shall be permitted by law for persons not having obtained permits in the first instance.

(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2, as amended.
21 Del. C. § 4318 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4318
§ Â
        4318. Bumper, frame rail, and body heights.
Status: in_force

(a) No passenger vehicle or station wagon that is required to be registered under Chapter 21 of this title shall be registered or operated upon any highway of the State if the bumper height of such vehicle exceeds 22 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is higher than the attached bumper, or if the maximum distance between the vehicle body and vehicle frame rail exceeds 3 inches.

(b) Vehicles not included in subsection (a) of this section that are required to be registered under Chapter 21 of this title shall not be registered or operated upon any highway of the State if the bumper height of such vehicle exceeds 30 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is higher than the attached bumper, or if the maximum distance between the vehicle body and vehicle frame rail exceeds 3 inches.

(c) The following vehicles are exempt from this section: antique motor vehicles registered under § 2196 of this title; authorized emergency vehicles; motor vehicles with a gross vehicle weight rating of 10,000 pounds or greater; and vehicles registered with farm truck plates (FT tags), as defined in § 2113(1) of this title.

(d) Any person found guilty of operating a motor vehicle in violation of this section shall, for the first offense, be fined not less than $50 nor more than $115 For each subsequent like offense within one year, such person shall be fined not less than $100 nor more than $230. Measurements made with an over-the-counter measuring device shall be prima facie evidence of a violation.
21 Del. C. § 2113 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2113
§ Â
        2113. Special farm vehicle registration.
Status: repealed

Farmers may register vehicles for farm use in the following manner:

(1) Farm truck, semitrailer, and trailer license plates (“FT” tags):

a. Farmers may qualify for the reduced registration fee for “FT” license tags if they derive at least $1,000 of their annual income from the operation of their farm and they own or rent at least 10 acres which is actively used in the farming operation from which they derive that income.

b. Any vehicle, semitrailer or trailer upon which an “FT” license tag is affixed must be used exclusively in the operation of a farm or for personal use other than nonfarming commercial use.

c. Farmers shall not hire or rent the farm truck, semitrailer, or trailer, or permit a farm truck, semitrailer, or trailer to be used for hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.

d. [Repealed.]

(2) Farm vehicle license plates (“FV” tags) exempt from inspection:

a. Except as hereinafter provided, after October 7, 2014, no person shall operate any farm vehicle within the State unless such vehicle has been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway except as hereinafter specifically provided. This registration is for identification only and does not constitute being “registered” in this State, for purposes of § 2118 of this title, or any other requirement of this chapter.

b. Farmers may qualify for an inspection waiver for a farm motor vehicle, farm vehicle, or farm trailer if they derive at least $1,000 of their annual income from the operation of their farm and they own or rent at least 10 acres which are actively used in the farming operation from which they derive that income.

c. Any vehicle or trailer upon which a “FV” tag is affixed must be used exclusively in the operation of a farm, or for personal use other than nonfarming commercial use.

d. No farm motor vehicle, farm vehicle, or farm trailer may be used for hire or for any use except in the exclusive operation of a farm owned or rented by the owner of such vehicle or trailer, or in aid of and assistance to another farmer for harvest purposes.

e. Farmers shall not hire or rent any farm motor vehicle, farm vehicle, or farm trailer, or permit a farm motor vehicle, farm vehicle, or farm trailer to be used for hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.

f. Farmers shall not use any vehicle or trailer upon which an “FV” tag is affixed for any use except in the operation of a farm owned or rented by the titled owner of such vehicle or trailer or in aid of and assistance to another farmer for harvest purposes, or for personal use other than nonfarming commercial use.

g. No farm motor vehicle, farm vehicle, or farm trailer to which an “FV” tag is affixed may be operated or towed upon the public highways or roads unless:

1. Those highways and roads are within a 20-mile radius of a farm owned or managed by the owner of the vehicle or trailer;

2. The vehicle or trailer is operated or towed by a person who is properly licensed by the Division of Motor Vehicles;

3. The vehicle or trailer is properly equipped with a stop light, turn signals and brakes which are in a safe operating condition.
21 Del. C. § 7502 — Delaware Code / Title 21 / Chapter 75 / Section 7502
§ Â
        7502. License requirements; exception.
Status: in_force

(a) A person may not conduct the business of an automotive recycler or engage in the business of purchasing vehicles which are to be dismantled in whole or in part by that person for the sale of usable parts, or store vehicles more than 30 days that are to be dismantled unless said person is licensed under this chapter.

(b) This chapter does not prohibit an unlicensed person from transporting a vehicle to a licensed automotive recycler for dismantling, destroying or scrapping; or to a scrap processor in the business of selling iron, steel and nonferrous scrap for resmelting purposes; or apply to abandoned vehicles or vehicles left in the possession of a garage or service station for storage purposes only pursuant to Chapter 44 of this title.

(c) A person must possess a valid license issued by the Division of Revenue and if applicable a license issued pursuant to Chapter 12 of Title 17.

(d) Any other provision of this chapter notwithstanding, in a case in which an automotive recycler is also the owner or has an interest in a junkyard, the recycler must comply with all requirements of Chapter 12 of Title 17.

(e) Any other provision of this chapter notwithstanding, in a case in which an automotive recycler is purchasing or selling a “catalytic converter,” as defined in § 2301 of Title 24, the automotive recycler must comply with the requirements of Chapter 23 of Title 24 relating to the purchase and sale of catalytic converters.
21 Del. C. § 4204 — Delaware Code / Title 21 / Chapter 42 / Section 4204
§ Â
        4204. Report of damaged vehicles; cars involved in fatal collisions.
Status: in_force

(a) The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious collision or struck by any bullet shall report to the nearest police station or sheriff’s office within 24 hours after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner of such vehicle.

(b) Cars involved in collisions resulting in death to human beings shall not be moved from the place of the collision until arrival of police, except if needed to convey an injured person to a hospital or doctor.
21 Del. C. § 2751 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2751
§ Â
        2751. Unlawful application for or use of license or identification card.
Status: in_force

(a) Fraud in obtaining or attempting to obtain driver’s license or identification card. — A person shall not fraudulently obtain or attempt to obtain a driver’s license or an identification card by misrepresentation.

(b) Fraud in application for license or identification card. — A person shall not in any application for a driver’s license or identification card:

(1) Use a false or fictitious name;

(2) Make a false statement;

(3) Conceal a material fact; or

(4) Otherwise commit a fraud.

(c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled license.

(d) Display of revoked licenses. — A person shall not display, cause or permit to be displayed, any revoked license.

(e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended license.

(f) Display of fictitious licenses or identification cards. — A person shall not display, cause or permit to be displayed, any fictitious license or identification card.

(g) Display of fraudulently altered license or identification card. — A person shall not display, cause or permit to be displayed, any fraudulently altered license or identification card.

(h) Possession of canceled license. — A person shall not possess any canceled license.

(i) Possession of revoked license. — A person shall not possess any revoked license.

(j) Possession of suspended license. — A person shall not possess any suspended license.

(k) Possession of fictitious license or identification card. — A person shall not possess any fictitious license or identification card.

(l) Possession of fraudulently altered license or identification card. — A person shall not possess any fraudulently altered license or identification card.

(m) Loaning license. — A person shall not lend that person’s license to any other person or permit the use of license by another.

(n) Display or representation of license or identification card not one’s own. — A person shall not display or represent as that person’s own any license or identification card not issued to that person.

(o) Failure or refusal to surrender license or identification card. — A person shall not fail or refuse to surrender to the Department on its lawful demand any license or identification card that has been suspended, revoked, canceled, altered or otherwise fraudulently obtained.

(p) Permitting unlawful use of license or identification card. — A person shall not permit any unlawful use of a license or identification card issued to that person.

(q) Prohibited acts. — A person shall not do any act forbidden or fail to perform any act required by this title.

(r) Penalty. — Unless otherwise specifically provided for in Chapter 31 of this title, an individual who violates this section shall be guilty of a class B misdemeanor and shall have that individual’s driver’s license or driving privileges suspended for a period to be set by the Court, not to exceed 6 months. The foregoing sentence notwithstanding, an individual who violates subsection (d), (e), (i), or (j) of this section by possessing or displaying a driver’s license that has been suspended or revoked by application of the following statutes shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (d), (e), (i), or (j) of this section has made a factual finding that the defendant was reasonably unaware the driver’s license that defendant possessed or displayed had been suspended or revoked:

Title 4, § 904(f)

Title 11, § 2106(c)

Section 314(b) of this title

Section 709(j)(1) of this title

Section 2118(n)(1) of this title

Section 2703(d)(5) of this title

Section 2710(e)(5) of this title

Section 2724(b) of this title.

(s) Hardship license. — When a driver’s license and/or driving privileges is suspended pursuant to this section, the applicant shall not be eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension, except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or from the applicant’s place of employment and such driving as is a necessary part of the duties of said employment.
21 Del. C. § 8401 — Delaware Code / Title 21 / Chapter 84 / Section 8401
§ Â
        8401. Legislative intent [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) The intent of the General Assembly is to protect the public health, safety, and welfare of the residents of the State by regulating the relationship among new recreational vehicle dealers, manufacturers, distributors, and suppliers; maintaining competition; and providing consumer protection and fair trade.

(b) The intent of the General Assembly is that the provisions of this chapter be applied to manufacturer-dealer agreements in regard to new recreational vehicles, or new recreational trailers, entered into on or after July 1, 2014.
21 Del. C. § 8501 — Delaware Code / Title 21 / Chapter 85 / Section 8501
§ Â
        8501. Purpose.
Status: in_force

The General Assembly finds and determines that the people of this State are entitled to and should be ensured an environment free from the effects of nonessential idling of locomotives between 8 p.m. and 7 a.m., as such nonessential idling degrades the quality of their life, property, and environment.
21 Del. C. § 402 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 402
§ Â
        402. Equalizing fee on vehicles registered to nonresidents.
Status: in_force

(a) Except as otherwise provided by reciprocity agreement or other arrangement entered into by the Secretary or by a declaration issued by the Secretary, no motor vehicle or trailer or semitrailer registered in another jurisdiction which requires the payment of a registration fee or fees or taxes of any other nature from an owner of a similar vehicle properly registered in this State for the operation of such vehicle on the highways of such other State shall be operated on the highways of this State unless a fee is paid to the Department, equal in amount to the fee or tax collected by the authorized official or public agency of such other jurisdiction for the operation on its highways of the motor vehicle, trailer or semitrailer properly registered in this State. In the event that the fee or tax collected by such other jurisdiction is imposed for the registration of the vehicle therein, then in no case shall the fee paid to the Department be less than the amount now or hereafter provided for by the laws of this State for the registration of a similar vehicle.

(b) The Secretary shall from time to time promulgate such regulations as may be necessary for the effective enforcement of this section.
21 Del. C. § 2139J — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139J
§ Â
        2139J. Special license plates for veterans of Operation Iraqi Freedom.
Status: in_force

(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle of a special Operation Iraqi Freedom veterans registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is a veteran of Operation Iraqi Freedom.

(2) This section applies only to:

a. A private passenger vehicle; or

b. A truck with a 3/4-ton or less manufacturer’s rated capacity.

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of Operation Iraqi Freedom.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided however, that an original application under this section be subject to a $10 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding the provisions of Chapter 13 and 14 of Title 2 to the contrary.

(d) Only 1 such plate shall be issued to an applicant.

(e) The Department shall reserve sufficient special license plates including the letters “OIF” and numbered consecutively beginning with the numeral “1” as are necessary to implement this action.

(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 2622 — Delaware Code / Title 21 / Chapter 26 / Section 2622
§ Â
        2622. Penalties.
Status: in_force

(a) Whoever violates §§ 2604, 2605(b)-(c), 2606, 2607, 2612 and 2613 of this title shall for the first offense be fined not less than $200 nor more than $2,500. For subsequent offense the person shall be fined not less than $500 nor more than $5,000 or imprisoned for a term not to exceed 90 days, or both.

(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this chapter.
21 Del. C. § 2103 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2103
§ Â
        2103. Temporary registration permits.
Status: in_force

The Department may, in its discretion, grant temporary or limited registration permits, in no case to be valid for more than 15 days, and may issue appropriate certificates or other evidence therefor as listed below:

(1) When application for a certificate of title has been made accompanied by the proper fee, a temporary permit without additional fee may be issued pending action upon such application by the Department;

(2) During suspension of registration because of failure of the vehicle upon inspection to meet the legal performance requirements or equipment standards, a temporary permit without additional fee may be issued to allow the vehicle to be driven away to be repaired and returned for inspection or to be driven to a storage place;

(3) When a registration has expired, a temporary permit may be issued upon the payment of a fee of $20 in addition to the regular fee for reregistration so that the vehicle may be driven to a place for repair, if necessary, and to an inspection station preparatory to reregistration;

(4) For the movement of unregistered vehicles by persons entitled to move the same, when it is not proposed to secure a certificate of title or a transfer of title to such vehicle, a temporary permit may be issued for which a fee of $20 shall be charged;

(5) For moving vehicles of which the ownership has been transferred by process of law as provided in §§ 2501-2507 of this title, a permit may be issued without charge.

(6) Trip permit registrations pursuant to the International Registration Plan, as authorized in Chapter 4 of this title, may be issued for any vehicle or combination of vehicles which could lawfully operate in this State if full registration or proportional registration were obtained. A permit for this purpose shall be valid for 3 days, including the day issued, for which a fee of $15 shall be charged.
21 Del. C. § 6817 — Delaware Code / Title 21 / Chapter 68 / Section 6817
§ Â
        6817. Operation of OHVs â Without lights.
Status: in_force

A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and lighted taillight.
21 Del. C. § 4354 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4354
§ Â
        4354. Standards for lights on snow removal equipment.
Status: in_force

(a) The Department of Safety and Homeland Security shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways of this State in lieu of the lamps otherwise required on motor vehicles by this subchapter. Such standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways. The standards and specifications for lamps referred to in this section shall correlate with and, so far as possible, conform with those approved by the American Association of State Highway Officials.

(b) It shall be unlawful to operate any snow removal equipment on any highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.
21 Del. C. § 2739A — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2739A
§ Â
        2739A. Suspension resulting from active military duty; reinstatement.
Status: in_force

(a) In any case in this or any other jurisdiction in which an operator is charged with an initial driving offense for which a mandatory court appearance is scheduled, and the operator’s driving license is suspended in this State by the Division of Motor Vehicles for failure to appear at the scheduled hearing, the operator shall not be convicted of a subsequent violation of § 2701(b) or § 2756 of this title if, prior to conviction on the subsequent offense, the operator shall produce to the court in which the subsequent offense is to be tried military orders establishing that the operator was on active military duty, without authorized leave, at a location that precluded attendance at the hearing of the initial offense, and proof positive of payment or other complete disposition of the initial offense.

(b) In the event of dismissal or withdrawal of the charge under § 2701(b) or § 2756 of this title under the circumstances set forth in subsection (a) of this section, the Division of Motor Vehicles shall reinstate or lift the suspension on the license of the operator upon receipt of proof of such dismissal or withdrawal of the charges. Such proof may be in the form of notice from the court or prosecuting official or other information satisfactory to the Division. Any fee that would otherwise be required for such reinstatement shall be waived.

(c) In the event that no subsequent charge has resulted from the suspension, upon presentation to the Division of Motor Vehicles of the same material set forth in subsection (a) of this section, the Division shall reinstate or lift the suspension on the license of the operator. Any fee that would otherwise be required for such reinstatement shall be waived.
21 Del. C. § 6803 — Delaware Code / Title 21 / Chapter 68 / Section 6803
§ Â
        6803. OHV registration â Fees.
Status: in_force

(a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (b) of this section, shall be $6.00 for 3 years. The fee for a duplicate registration certificate shall be $2.00. The fee for a duplicate registration number decal shall be $2.00. The fee for a transfer of registration certificate shall be $2.00. All fees shall be waived for OHVs owned and used by the United States, or other state or of this State or political subdivision thereof.

(b) OHVs owned by a licensed OHV dealer, as specified in § 6809 of this title, and operated for demonstration or testing purposes are exempt from a registration fee.
21 Del. C. § 311 — Delaware Code / Title 21 / Chapter 3 / Section 311
§ Â
        311. Notice to Secretary of Safety and Homeland Security of motor vehicles stored and unmoved for 30 days.
Status: in_force

All persons who are engaged in the business of storing of automobiles shall notify the Secretary of Safety and Homeland Security of the make, engine and serial numbers and license number of all motor vehicles stored and unmoved in any public garage for a period more than 30 days.
21 Del. C. § 6827 — Delaware Code / Title 21 / Chapter 68 / Section 6827
§ Â
        6827. Accidents.
Status: in_force

(a) The operator of an OHV involved in an accident resulting in an injury to another person or in a death shall immediately report such accident by the quickest available means of communication, to a State Police officer or the local law-enforcement officer for New Castle County or the municipality wherein the accident occurred.

(b) The operator of an OHV involved in an accident resulting in damage to private property, except that of the operator, shall notify the owner of said property within 48 hours of the occurrence of such accident.

(c) Accidents resulting only in injury to the operator and/or damage to the operator’s personal equipment need not be reported.

(d) The operator of an OHV involved in an accident upon either public or private property, resulting in injury to or death of any person, shall immediately stop and remain at the scene of such accident and shall render to any person injured in the accident reasonable assistance in securing medical aid or transportation for the injured person or persons.

(e) This section shall not apply to accidents involving competition vehicles damaged while engaging in special or competition events.
21 Del. C. § 4309 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4309
§ Â
        4309. Obstructions to view on windshield or windows.
Status: in_force

(a) No person shall drive any vehicle upon a highway with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear window of such motor vehicle, other than a certificate or other paper required to be so displayed by law.

(b) No person shall drive upon a highway a vehicle with a removable windshield placard issued pursuant to § 2135 of this title or pursuant to a similar statute of any other state or country hanging from or attached to the vehicle’s front windshield rearview mirror. A person may be found guilty of violating this subsection whether or not the placard is valid.
21 Del. C. § 2603 — Delaware Code / Title 21 / Chapter 26 / Section 2603
§ Â
        2603. Definitions.
Status: in_force

Notwithstanding any other provision of this title, the following definitions apply to this chapter:

(1) “Alcohol” means any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol.

(2) “Alcohol concentration” means:

a. The number of grams of alcohol per 100 milliliters of blood; or

b. The number of grams of alcohol per 210 liters of breath.

(3) “Alien” means any person not a citizen or national of the United States.

(4) “CDL downgrade” means either:

a. Except where otherwise provided in this title, the Division allows the driver to change the driver’s self-certification to interstate but operating exclusively in transportation or operation excepted from 49 C.F.R. Part 391, as provided in § 390.3(f), § 391.2, § 391.68, or § 398.3;

b. The Division allows the driver to change the driver’s self-certification to intrastate only if the driver is physically qualified for intrastate-only driving under § 4704(b) of this title;

c. The Division allows the driver to change the driver’s certification to intrastate but operating exclusively in transportation or operations excepted under § 4704(c)(1)or (2) of this title driver physical qualification requirements; or

d. The Division removes the CDL privilege from the driver license.

(5) “CDLIS driver record” means the electronic record of the individual CDL driver’s status and history stored by the state of record as part of the Commercial Driver’s License Information System (CDLIS) established under 49 U.S.C. § 31309.

(6) “CDLIS motor vehicle record” means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. § 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725, and § 305 of this title.

(7) “Commercial learner permit” (CLP) means a permit issued pursuant to § 2608(d) of this title.

(8) “Commercial driver license” (CDL) means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a certain class of commercial motor vehicle.

(9) “Commercial driver license information system” (CDLIS) means the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(10) “Commercial motor vehicle (CMV)” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

a. Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or

b. Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or

c. Is designed to transport 16 or more passengers, including the driver; or

d. Is of any size and is used in the transportation of hazardous materials.

(11) “Controlled substance” means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. part 1308, as they may be revised from time to time.

(12) “Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(13) “Disqualification” means any of the following actions:

a. The suspension, revocation, or cancellation of a CDL or CLP by the state or jurisdiction of issuance.

b. Any withdrawal of a person’s privileges to drive a Commercial Motor Vehicle (CMV) by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).

c. A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under Part 391 of 49 C.F.R.

(14) “Drive” means to drive, operate or be in physical control of a motor vehicle.

(15) “Driver” means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver license.

(16) “Driver license” means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle.

(17) “Driving a commercial motor vehicle while under the influence of alcohol” means committing any one or more of the following acts in a CMV:

a. Driving a CMV while the person’s alcohol concentration is 0.04 or more;

b. Driving under the influence of alcohol as prescribed by state law; or

c. Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 383.51(b) or § 392.5(a)(2) of 49 C.F.R.

(18) “Drug and Alcohol Clearinghouse” (the “Clearinghouse”) means the secure online database that gives employers, FMCSA, Delaware state driver-licensing agencies, and Delaware state law-enforcement personnel real-time information about CDL holder’s drug and alcohol program violations.

(19) “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

(20) “Excepted interstate commerce” means a CDL/CLP applicant must certify that the applicant operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3 from all or parts of the qualification requirements of 49 C.F.R. Part 391 and is, therefore, not required to obtain a federal medical examiner’s certification by 49 C.F.R. § 391.45.

(21) “Excepted intrastate commerce” means a CDL/CLP applicant must certify that the applicant operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the Delaware’s driver medical qualification requirements in §§ 2621 and 4704(c)(2) of this title.

(22) “Fatality” means the death of a person as a result of a motor vehicle accident.

(23) “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding 1 year.

(24) “FMCSA” means Federal Motor Carrier Safety Administration.

(25) “Foreign jurisdiction” means any jurisdiction other than a state of the United States or District of Columbia.

(26) “Gross vehicle weight rating” (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination (articulated) vehicle (commonly referred to as the “Gross Combination Weight Rating” or “GCWR”) is the GVWR of the power unit plus the GVWR of the towed unit or units.

(27) “Hazardous material” means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

(28) “Human trafficking” means as “human trafficking” is defined in § 787 of Title 11.

(29) “Imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.

(30) “Issue and issuance” means initial licensure, license transfers, license renewals, license upgrades, and nonresident commercial driver’s licenses.

(31) “Major traffic violation” means any conviction defined as “major” as specified by 49 C.F.R. § 383.51(b) Table 1.

(32) “Manual transmission” means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gearshift mechanism either operated by hand or foot.

(33) “Measurable amount of alcohol” means the alcohol concentration of the person’s blood or breath is equal to or greater than 0.02 but less than 0.04.

(34) “Medical examiner” for purposes of conducting U.S. Department of Transportation physical examination for CMV certification means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. For medical examinations conducted on and after May 21, 2014, a medical examiner must be certified by FMCSA and listed on the National Registry of Certified Medical Examiners as defined in this section.

(35) “Medical variance” means a driver has received 1 of the following from FMCSA that allows the driver to be issued a medical certificate:

a. An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C, or § 391.64;

b. A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.

(36) “Motor vehicle” means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power, motorized wheel chairs, farm implements of husbandry, mopeds, tripeds and OHVs.

(37) “Motor vehicle record” means the report of the driving status and history of a driver generated from the driver record, provided to users, such as drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725 and § 305 of this title.

(38) “National Registry of Certified Medical Examiners” means a program administered by the Federal Motor Carrier Safety Administration (FMCSA) that establishes requirements for healthcare professionals who perform physical qualification examinations for commercial motor vehicle (CMV) drivers. All healthcare professionals whose scope of practice authorizes them to perform physical examinations and who intend to perform physical examinations and issue medical certificates for CMV drivers to meet the requirements of § 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs) [49 C.F.R. § 391.41] must be certified and listed on FMCSA’s National Registry no later than May 21, 2014.

(39) “Non-CMV” means a motor vehicle or combination of motor vehicles not defined by the term “commercial motor vehicle (CMV)” in this section.

(40) “Non-domiciled CDL” means a CDL or CLP issued by a state under either of the following 2 conditions:

a. To an individual domiciled in a foreign country meeting the requirements of § 383.23(b)(1) of 49 C.F.R.

b. To an individual domiciled in another state meeting the requirements of § 383.23(b)(2) of 49 C.F.R.

(41) “Non-excepted interstate commerce” means a CDL/CLP applicant must certify that the applicant operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a federal medical examiner’s certification by 49 C.F.R. § 391.45.

(42) “Non-excepted intrastate commerce” means a CDL/CLP applicant must certify that the applicant operates only in intrastate commerce and, therefore, is subject to the Delaware driver medical qualification requirements in § 4704(a), (b), and (c)(1) of this title.

(43) “Out-of-service order” means a declaration by the Federal Highway Administration or an authorized enforcement officer of a federal, state, local or governmental agency from Puerto Rico, Canada or Mexico that a driver or a commercial motor vehicle or motor carrier operation (as defined in the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 390]) is out-of-service pursuant to § 386.72 (imminent hazard), § 392.5 (intoxicating beverage), § 395.13 (drivers declared out-of-service) or § 396.9 (inspection of motor vehicles in operation) of the Federal Motor Carrier Safety Regulations or comparable laws of any governmental agency referred to above or the North American Uniform Out-of-Service Criteria.

(44) “Railroad-highway grade crossing violation” means any conviction defined as “railroad-highway grade crossing” as specified by 49 C.F.R. 383.51(d) Table 3.

(45) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14. “School bus” does not include a bus used as a common carrier.

(46) “Serious traffic violation” means any conviction defined as “serious,” specified by 49 C.F.R. § 383.51(c) Table 2.

(47) “State” for the purpose of this chapter means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, the Commonwealth of Puerto Rico and any province of the Dominion of Canada.

(48) “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks, having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or chassis.

(49) “United States” means the 50 states and the District of Columbia.
21 Del. C. § 8610 — Delaware Code / Title 21 / Chapter 86 / Section 8610
§ Â
        8610. Disclosures.
Status: in_force

Each car sharing program agreement made in the State shall disclose to the shared vehicle owner and the shared vehicle driver:

(1) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.

(2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.

(3) That the peer-to-peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage.

(4) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.

(5) That the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle.

(6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.

(7) If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
21 Del. C. § 3103 — Delaware Code / Title 21 / Chapter 31 / Section 3103
§ Â
        3103. Issuance fee; renewal; qualifications.
Status: in_force

(a) Upon receipt of the application and a fee of $40, the Division shall issue an identification card which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birthdate be February 29, and in which event the identification card will expire on February 28 every eighth year. A permanent resident foreign national may be issued a full 8-year identification card. However, an identification card issued to a temporary foreign national must be limited to the period of time that the temporary foreign national is authorized to be in the United States.

(b) On or near the date of expiration of an identification card, each holder of such a card desiring renewal of such card shall appear at a Division of Motor Vehicles office in the county in which the holder of the card resides and be photographed by the Department of Transportation.

(c) No identification card shall be issued pursuant to subsection (a) of this section to any nonresident of the State.

(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915(d) of Title 29, is exempt from any fee charged under this section for an identification card.