21 Del. C. § 4194 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4194
§ Â
        4194. Passengers and trailers.
Status: in_force

(a) No bicycle shall be used to carry more persons at 1 time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to the person in a backpack or sling.

(b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.
21 Del. C. § 4196A — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4196A
§ Â
        4196A. Bicycle approaching or entering intersection.
Status: in_force

(a) A bicycle operator approaching a stop sign at an intersection with a roadway having 3 or more lanes for moving traffic shall come to a complete stop before entering the intersection.

(b) A bicycle operator approaching a stop sign at an intersection where a vehicle is stopped in the roadway at the same stop sign shall come to a complete stop before entering the intersection.

(c) A bicycle operator approaching a stop sign at an intersection with a roadway having 2 or fewer lanes for moving traffic shall reduce speed and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection, except that a person, after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping.

(d) A bicycle operator approaching an intersection shall always yield the right-of-way to any vehicle which has already entered the intersection.

(e) When a bicycle and a vehicle enter an intersection from different roadways at approximately the same time, the operator of the vehicle or bicycle on the left shall yield the right-of-way to the vehicle or bicycle on the right.
21 Del. C. § 3215 — Delaware Code / Title 21 / Chapter 32 / Section 3215
§ Â
        3215. Agentâs resignation; notice.
Status: in_force

Unless the personal power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated:

(1) To the guardian, if 1 has been appointed for the principal, and a concurrent agent or successor agent; or

(2) If there is no person described in paragraph (1) of this section, to:

a. The principal’s primary caregiver;

b. Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or

c. A governmental agency having authority to protect the welfare of the principal.
21 Del. C. § 2743 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2743
§ Â
        2743. Duration of revocation.
Status: in_force

(a) Any revocation pursuant to § 2742(b)(1) of this title shall be for a period of 1 year, 18 months or 24 months as appropriate, from the effective date of the revocation.

(b) Any revocation pursuant to § 2742(c)(1) of this title shall be for a period of 3 months, 1 year or 18 months, as appropriate, from the effective date of the revocation.

(c) The Secretary shall not issue a driver’s license to anyone who has been found in violation of § 2742(b)(1) or (c)(1) of this title until:

(1) They have satisfactorily completed a program established under § 4177D of this title; and

(2) Have paid all fees under the schedule adopted by the Secretary; and

(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.

(d) Any revocation pursuant to § 2742(b)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation.

(e) Any revocation pursuant to § 2742(c)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation.

(f) If, after expiration of the period of revocation and upon compliance with subsection (c) of this section, the Secretary refuses to issue a driver’s license, the applicant may appeal the Secretary’s denial to the Court of Common Pleas in the county wherein the applicant resides.

(g) Notwithstanding subsection (a) of this section, upon satisfactory completion of a program established under § 4177D of this title a person who is a first offender and meets the criteria specified in § 4177B(a) and whose license has been revoked pursuant to § 2742(b) of this title shall be permitted to apply for a driver’s license under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) At least 4 months have elapsed since the date of ignition interlock device (IID) installation and ignition interlock license issuance;

(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.

(h) Notwithstanding subsections (a) and (b) of this section, any person who meets the criteria specified in § 4177C of this title may be permitted to apply for the ignition interlock device [IID] to be installed on a vehicle to be driven by the applicant and may be issued an IID license upon meeting the requirements specified in § 4177C of this title.
21 Del. C. § 4145 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4145
§ Â
        4145. Pedestrians to use right half of crosswalks.
Status: in_force

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
21 Del. C. § 2621 — Delaware Code / Title 21 / Chapter 26 / Section 2621
§ Â
        2621. Waivers for commercial driver license provisions.
Status: in_force

(a) The provisions of this chapter are waived for the following specific groups of drivers who operate:

(1) Farm vehicles which are:

a. Controlled and operated by a farmer;

b. Used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;

c. Not used in the operations of a common or contract motor carrier;

d. Used within 150 miles of the person’s farm; and

e. Not used for hire.

(2) Firefighting equipment which is:

a. Used by any fire company in this State which is necessary for the preservation of life or property or the execution of emergency governmental functions, or other authorized uses by the fire company.

b. Being operated by firefighters and other persons qualified to operate the equipment under paragraph (a)(2)a. of this section when operating such equipment in other functions such as parades, special events, repair, service or other authorized movements.

(3) Commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.

(4) Recreational vehicles or trailers as defined in Chapter 1 of this title, which provide temporary living quarters and are used solely for recreational purposes.

(5) Emergency mobile communication units operated in relation to a county emergency communication center, the State Police, or any municipality.

(6) Any other emergency vehicle, as defined by § 4106(e) of this title, used in the preservation of life or property or in the execution of emergency governmental functions and are equipped with audible and visual signals and are not subject to normal traffic regulation.

(b) When operating a commercial motor vehicle as defined by § 2603 of this title, under the waiver provisions of paragraphs (a)(1), (2), (5), and (6) of this section, operators are required to hold a non-CDL Class A or non-CDL Class B license. Those drivers holding non-CDL Class A or non-CDL Class B licenses are limited to operating commercial motor vehicles within the State of Delaware unless there is a reciprocity agreement with adjoining states. These licenses will be classified in accordance with § 2611(b)(1) of this title.
21 Del. C. § 802 — Delaware Code / Title 21 / Chapter 8 / Section 802
§ Â
        802. Authority to stop.
Status: in_force

Any police officer is authorized to make an administrative stop for purposes of enforcing a civil traffic statute, upon a reasonable and articulable suspicion that a violation of such statute has occurred.
21 Del. C. § 2745 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2745
§ Â
        2745. Results of test available upon request.
Status: in_force

Upon request of any person submitting to a chemical test under this subchapter the result of such test shall be made available to that person, unless that person has entered a plea of guilty to the charge made against that person.
21 Del. C. § 2949 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2949
§ Â
        2949. Certificate furnished by nonresident as proof.
Status: in_force

(a) The nonresident owner of a motor vehicle not registered in this State may give proof of financial responsibility by filing with the Secretary a written certificate or certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or, if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to this chapter, and the Secretary shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:

(1) Such insurance carrier shall execute a power of attorney authorizing the Secretary to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this State;

(2) Such insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this State relating to the terms of motor vehicle liability policies issued herein.

(b) If any insurance carrier not authorized to transact business in this State, and which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the Secretary shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
21 Del. C. § 2752 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2752
§ Â
        2752. False statements.
Status: in_force

Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.
21 Del. C. § 4136 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4136
§ Â
        4136. Driving upon sidewalk or bicycle path by vehicles and bicycles.
Status: in_force

(a) No person shall drive any motor vehicle upon a sidewalk or bicycle path or sidewalk area or bicycle path area except upon a permanent or duly authorized temporary driveway.

(b) A person riding a bicycle upon a sidewalk or bicycle path lawfully used by pedestrians shall give audible signal before overtaking and passing such pedestrian.

(c) A person shall not ride a bicycle upon a sidewalk in a business district, when use of a sidewalk is prohibited by official traffic-control devices or when a usable bicycle-only lane has been provided adjacent to the sidewalk.
21 Del. C. § 401 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 401
§ Â
        401. Power of Secretary to make agreements with other states; general character; conditions.
Status: in_force

(a) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied benefits, privileges and exemptions from the payment, wholly or partially, of any taxes, fees or other charges imposed upon such vehicles or owners with respect to the operation or ownership of such vehicles under the laws of this State. Such an agreement or arrangement shall provide that vehicles properly registered or licensed in this State when operated upon highways of such other jurisdiction shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this State. Each such agreement or arrangement shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and shall be fair and equitable to this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.

(b) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to licensed drivers who are properly licensed in such jurisdictions and for which evidence of compliance is supplied benefits, privileges and exemptions of a similar kind or to a similar degree as are extended to drivers properly licensed in this State.

Each such agreement or arrangement shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.
21 Del. C. § 4170A — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4170A
§ Â
        4170A. Electronic speed monitoring system [For application of this section, see 85 Del. Laws, c. 64, Â 136] [Expires June 30, 2028, pursuant to 84 Del. Laws, c. 74, Â 2].
Status: in_force

(a) Purpose and administration. —

(1) This section establishes an electronic speed monitoring system to assist the State, counties and municipalities in the enforcement of speed limits under §§ 4169 and 4170 of this title.

(2) The Department of Transportation, or the governing body of New Castle County or any municipality, may provide by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with designated posted speeds, as monitored by an electronic speed monitoring system in accordance with this section.

(3) This section does not apply to any authorized emergency vehicles being operated in compliance with § 4106 of this title.

(b) Definitions. —

For purposes of this section:

(1) “Business district” means as defined in § 101 of this title.

(2) “Electronic speed monitoring system” means a device with 1 or more motor vehicle sensors that can produce a recorded image of a motor vehicle whose speed exceeds the posted speed limit.

(3) “Electronic speed monitoring system operator” means an individual who has been trained and certified to operate an electronic speed monitoring system.

(4) “Owner” means the registered owner of the vehicle on record with this or any other state provided, however, that in the event that the owner is a vehicle leasing company the “owner,” for purposes of this section, shall mean the person shown on the records to be the lessee of the vehicle. Vehicle rental companies are excluded from the definition of “owner.”

(5) “Recorded image” means an image recorded by an electronic speed monitoring system and includes any of the following:

a. A photograph.

b. A microphotograph.

c. A digital image.

d. A video.

e. Any other medium used to store images or sounds.

(6) “Residence district” means as defined in § 101 of this title.

(7) “Work zone” means any area of roadway designated as a work zone by the Department of Transportation and in accordance with § 4105 (f)(2) of this title.

(c) Conditions for installation and operation of electronic speed monitoring system. —

(1) The Department of Transportation may approve the installation and use of an electronic speed monitoring system to be installed and used to record images of a motor vehicle travelling in a work zone, or in a residence district in either New Castle County or a municipality, if all of the following conditions are met:

a. If in a residence district, unless in a designated work zone, a study, which is no more than 1 year old and approved by the Department of Transportation, documents that the eighty-fifth percentile speed on the road is 5 miles per hour or greater than the posted speed limit.

b. If in a residence district the police agency with jurisdiction over the road has agreed to participate in the use of the system.

c. If the road is within the boundaries of a municipality the municipality must approve the road and extent of the road eligible for electronic speed monitoring.

d. The police agency, with jurisdiction over the road, must notify the Department of Transportation of the intent to use the electronic speed monitoring system at least 30 days in advance of implementation.

e. The Department of Transportation and police agency with jurisdiction must provide notice on their publicly-accessible web sites of the intended use of the electronic speed monitoring system at least 14 days prior to its implementation.

f. At least 1 sign must be installed advising motorists that the electronic speed monitoring system is in use.

(2) Once a road is approved for an electronic speed monitoring system the use of an electronic speed monitoring system will be at the discretion of the police agency with jurisdiction over the residence district or work zone where the system will be implemented. The police agency may consider crash data in prioritizing locations where the system is to be implemented.

(3) The Delaware State Police shall have enforcement authority over the electronic speed monitoring system in all work zones.

(4) The Department of Transportation shall develop guidelines related to the safe positioning of portable and permanent electronic speed monitoring equipment within the road right-of-way.

(d) System vendor, calibration and operator. —

(1) System vendor. —

The Department of Transportation shall select the system vendor to provide electronic speed monitoring systems for the State, counties and municipalities. The system vendor must be selected through an open competitive procurement process. To ensure integrity in the selection process a person involved in the administration or enforcement of the electronic speed monitoring system may not own any direct interest or equity in any selected vendor.

(2) System calibration. —

Every electronic speed monitoring system in use on the roads in this State must undergo an annual calibration check to be performed by an independent calibration laboratory.

a. The independent calibration laboratory must issue a signed certificate of calibration after the annual calibration check which:

1. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located; and

2. May be entered into evidence in any court proceeding for a violation of this section.

(3) System operator. —

Every electronic speed monitoring system operator must complete training by the manufacturer of the electronic speed monitoring system in the procedures for setting up, testing, and operating the electronic speed monitoring system.

a. On completion of the training, the manufacturer must issue a signed certificate to the electronic speed monitoring system operator.

b. The certificate of training may be entered into evidence in any court proceeding for a violation of this section.

c. An electronic speed monitoring system operator must fill out and sign a daily set-up log for the electronic speed monitoring system which:

1. States the date and time when the system was set up.

2. States that the operator successfully performed, and the device passed, the manufacturer’s specified self-test of the system before producing a recorded image.

3. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located.

4. May be entered into evidence in any court proceeding for a violation of this section.

(e) Violation and proof of violation. —

(1) For a violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more in the residence district or work zone.

(2) Proof of a violation of this section may be evidenced by information obtained from an electronic speed monitoring system approved under this section. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic speed monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by an operator or a technician employed by a state agency or entity designated by a state agency for the purpose of carrying out this subsection. Any photographs, microphotographs, videotape or other recoded images evidencing a violation shall be made available for inspection in any proceeding to adjudicate liability for violation of this section.

(f) Notice of violation, procedure to contest violation, and orders subject to appeal. —

(1) Any resident or nonresident owner or operator of any motor vehicle driven on the public streets, roads, turnpikes or highways of this State will be deemed to have submitted to the jurisdiction of the courts in this State for purposes of this section. Notwithstanding any other provision of the Code, a summons for a violation of this section may be executed by mailing to any resident or nonresident, by first-class mail, a copy thereof to the address of the owner of the vehicle as shown in the records of the Division of Motor Vehicles of this or any other state. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing, by first-class mail, of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the following:

a. Name and address of the owner of the vehicle.

b. Registration number of the motor vehicle involved in the violation.

c. Violation charges.

d. Location where the violation occurred.

e. Date and time of the violation.

f. Copies of 2 or more photographs, microphotographs, or other recoded images, taken as proof of the violation.

g. Amount of the civil penalty imposed and the date by which the civil penalty should be paid.

h. The length of time and location for contesting liability and notice that the failure to pay the civil penalty or to contest liability, in a timely manner, is an admission of liability and may result in a judgment being entered against the summonsed person and the denial of the registration or renewal of registration of any of the owner’s vehicles.

i. The ability to rebut the presumption under this section that the summonsed person was the operator of the vehicle at the time of the violation and the manner of rebutting said presumption.

(2) A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date of the summons. Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled, and the defendant notified of the hearing date by first-class mail. A civil hearing shall be held by the Justice of the Peace Court or other court with competent jurisdiction as designated by the Department of Safety and Homeland Security or county or municipality in which the speed camera was located. There shall be no right of transfer to the Court of Common Pleas.

(3) Any person found, by the court, to be responsible for a speeding violation, under this subsection, shall have a right of appeal only in those cases in which the civil penalty exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the court’s order. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.

(g) Civil penalties. —

(1) The owner or operator of a vehicle who has failed to comply with the posted speed limit, as evidenced by information obtained from an electronic speed monitoring system, shall be subject to a civil penalty consistent with those established under § 4169(c) of this title. Assessments defined under § 4105 of this title, §§ 4101 and 9016 of Title 11 and § 8505 of Title 10, shall only be assessed for violations occurring in a “work zone” as defined in subsection (b) of this section.

(2) Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against a prevailing party.

(3) No additional assessments or court costs, other than those specified in this subsection, shall be assessed or collected against the owner or operator of a vehicle who has violated this section.

(4) Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Department of Safety and Homeland Security, or the city or county in which the speed camera was located. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, or by regulation of the Department of Safety and Homeland Security, or by regulation, code, or ordinance of the applicable city or county, and shall be in lieu of the procedures set forth in § 709 of this title.

(5) A violation for which a civil penalty is imposed under this section is not a criminal offense and is not to be made a part of the operating record of the person upon whom such liability is imposed.

(6) A violation for which a civil penalty is imposed under this section shall not be used for insurance purposes in the provision of motor vehicle insurance.

(h) Presumption of ownership. —

(1) The owner of any vehicle found to be in violation of this section shall be held prima facie responsible for such violation in the same manner as under § 7003 of this title unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption may be rebutted if the owner:

a. Provides an affidavit, by regular mail, to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the alleged violation of this section; or

b. Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation and identifies the operator at the time of the violation. If the owner granted multiple persons permission to use the vehicle and is unable to identify the person who was operating the vehicle at the time of the violation, the owner will remain liable for the violation.

(2) A summons may be issued to any person identified by affidavit or evidence in court as the actual operator of the vehicle alleged to have violated the speed limit. There shall be a presumption that the person so identified was the operator; this presumption may be rebutted as described under this subsection.

(3) Notwithstanding any other provision in this section, if the motor vehicle which is documented by the electronic speed monitoring system in violation of subsection (e) of this section is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time, and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of this section to provide the name and address of the driver, within the prescribed time period, shall cause the owner to be held responsible as set forth in this subsection.

(i) Failure to pay civil penalty. —

(1) If the owner or operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that the owner or operator identified was not the driver, the Division of Motor Vehicles shall refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or operator identified by the owner is found responsible at a hearing and fails to pay the fine as ordered by the court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.

(2) Upon receiving a record of failure to comply, a court clerk may enter a civil traffic judgement against the owner or operator in the amount of the civil penalty, costs, and any applicable additional assessment, giving credit for any amount paid. Such judgement may, upon motion, be transferred by the court to the civil docket. Any judgement so transferred may be executed and enforced or transferred in the same manner as other judgements of the court and the Division of Public Safety, or its designee, shall have authority to seek such execution, enforcement or transfer.

(j) Funding sources and use of revenue. —

(1) The Department of Transportation, New Castle County, and any municipality, may contract with the approved system vendor for carrying out any tasks related to the use of an electronic speed monitoring system by using any eligible funding source.

(2) Revenue generated through the use of electronic speed monitoring systems may be used to pay costs of the system vendor, staff required to implement this section, and any consultant fees for administration of the electronic speed monitoring system.

(3) Any revenue collected above what is required for the operation of the electronic speed monitoring system, as set forth in this subsection, shall be managed by the Office of Highway Safety and may be used only for transportation safety purposes under any of the following categories:

a. Education.

b. Enforcement.

c. Engineering.

d. Administrative expenses.

(k) Annual report. —

(1) The Department of Transportation shall be responsible for preparing an annual report on the electronic speed monitoring system as implemented statewide. The report shall include all of the following:

a. Where and when the system was used.

b. Citation data.

c. Crash data.

d. Readily-available speed data.

e. Financial data including expenditures and revenues.

(2) Police agencies shall cooperate with the Department of Transportation regarding the collection of data necessary to prepare the annual report. In the event a police agency does not provide requested information, in a timely manner, to the Department of Transportation, the police agency will no longer be eligible for use of the electronic speed monitoring system.
21 Del. C. § 2139S — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139S
§ Â
        2139S. Special license plates for members of the Cancer Support Community.
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 Cancer Support Community registration, provided that at least 100 such member applications are received by the Department. 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 individual applicant states that the applicant is a member of the Cancer Support Community; and

(2) The Cancer Support Community certifies that the individual 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 purpose 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 license plates including the letters “C.S.C.” and numbered consecutively beginning with the numeral “1” as are required for this section.

(e) Upon notification from the Delaware Chapter of the Cancer Support Community 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. § 4346A — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4346A
§ Â
        4346A. LED ground effect lighting equipment on motorcycles.
Status: in_force

(a) For the purposes of this section, “LED ground effect lighting equipment” means light emitting diode (LED) technology that is attached to the underbody of a motorcycle for the purpose of illuminating:

(1) The body of the motorcycle; or

(2) The ground below the motorcycle.

(b) A person may operate a motorcycle equipped with LED ground effect lighting that emits a nonflashing amber or white light.
21 Del. C. § 2912 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2912
§ Â
        2912. Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
21 Del. C. § 4184 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4184
§ Â
        4184. Limitations on backing.
Status: in_force

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
21 Del. C. § 4407 — Delaware Code / Title 21 / Chapter 44 / Section 4407
§ Â
        4407. Secretary of Public Safety; rules and regulations.
Status: in_force

The Secretary of Public Safety may make and promulgate rules and regulations to implement this chapter.
21 Del. C. § 2913 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2913
§ Â
        2913. Insurance for automobile transports.
Status: in_force

All automobile transports, interstate or intrastate, shall be insured against personal injury loss and property damage loss in keeping with requirements of the Interstate Commerce Commission relating to intrastate automobile transport carriers.
21 Del. C. § 6104 — Delaware Code / Title 21 / Chapter 61 / Section 6104
§ Â
        6104. Liability of parent, guardian, or employer for negligence of minor.
Status: in_force

(a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has been licensed under § 2710 of this title, is imputed to a person who signed the license application on behalf of the minor, and that person is jointly and severally liable with the minor for any damages resulting from the minor’s negligence.

(2) The following are exempted from liability for negligence of a minor under paragraph (a)(1) of this section:

a. A caregiver of a minor who is in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13. For purposes of this paragraph (a)(2)a., “caregiver” means as defined in § 2502 of Title 13.

b. A case worker of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child who was in the custody of the Department of Services for Children, Youth and their Families at the time of the signing of the license application.

(b) The liability imposed on the person who signed the application of a minor under the age of 18 under subsection (a) of this section applies to the original license or permit granted to the minor or any renewal of the license without the necessity of the person signing the minor’s renewal application, unless the person notifies the Department of Transportation in writing at least 30 days before the date of the renewal of the original license or permit granted to the minor that the person does not consent to the renewal.
21 Del. C. § 6814 — Delaware Code / Title 21 / Chapter 68 / Section 6814
§ Â
        6814. Operation of OHVs â Upon public highways, streets, sidewalks or rights-of-way; penalties for violation.
Status: in_force

(a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State except under the following conditions:

(1) An OHV may be pushed across or along such public way provided such OHV is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance with Chapter 41 of this title.

(2) An OHV may be operated on a street or highway located within this State for a special event of limited duration, conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction.

(b) A person convicted of a violation of any provision of subsection (a) of this section shall be punished by the penalties in § 6831 of this title.
21 Del. C. § 2140G — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140G
§ Â
        2140G. Delaware State Education Association centennial limited edition special license plates.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a Delaware State Education Association centennial special registration plate.

(b) This section applies to any of the following:

(1) A private passenger vehicle.

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

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

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time administrative fee of $15 is required in addition to the annual registration fee required by this title. A replacement plate may be obtained upon payment of a $15 fee to the Division.

(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 administrative costs.

(e) Upon receipt of information by the Department 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.

(f) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction with representatives from the Delaware State Education Association Board of Directors.
21 Del. C. § 2140D — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140D
§ Â
        2140D. Delaware State Fair Centennial limited edition special license plates.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a Delaware State Fair Centennial special registration plate.

(b) This section applies only to:

(1) A private passenger vehicle.

(2) A vehicle that is owned by a business and does not exceed the weight limit under paragraph (b)(3) of this section.

(3) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less, whether it is owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $100, 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 all persons applying for this special plate. A replacement plate may be obtained upon payment of a $15 fee to the Division.

(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 administrative costs.

(e) The funds derived by the State from that portion of the 1-time fee of $100 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section shall be deposited by the Department with the State Treasurer and shall be forwarded to a special fund account for the Delaware State Fair.

(f) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction with representatives from the Delaware State Fair Board of Directors.
21 Del. C. § 405 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 405
§ Â
        405. Extension of reciprocal privileges to lessees authorized.
Status: in_force

An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.
21 Del. C. § 4198B — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198B
§ Â
        4198B. Bicycles on sidewalks and crosswalks.
Status: in_force

(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices.

(c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
21 Del. C. § 4198I — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198I
§ Â
        4198I. Human-powered vehicles defined.
Status: in_force

“Human-powered vehicles” shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals and which the driver normally rides astride. Adult cycles are included but all children’s cycles are excluded as are all toys and all vehicles of whatever nature that require the driver to place a foot or other object on the ground to cause motion.
21 Del. C. § 2809 — Delaware Code / Title 21 / Chapter 28 / Section 2809
§ Â
        2809. Prohibition against issuance of driverâs license or operation of motor vehicle; restoration of privilege.
Status: in_force

No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(1) For a period of 5 years from the date of the order of the court finding such person to be an habitual offender as defined in § 2802(1) of this title and for a period of 3 years from the date of the order of the court finding such person to be an habitual offender as defined in § 2802(2) of this title;

(2) Until such time as financial responsibility requirements are met; and

(3) Until, upon petition and for good cause shown, the court, at its discretion, restores to such person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court may prescribe, subject to other provisions of law relating to the issuance of operators’ licenses.

(4) Unless the Attorney General moves the court for restoration of the privilege to operate a motor vehicle in this State of any person declared to be an habitual offender as defined in § 2802(1) of this title after 3 years from the date of the order of the court declaring the person to be a habitual offender. In the event of such a motion by the Attorney General, the court may in its discretion restore the driving privileges of the person in whole or in part only if the person also meets the obligation set forth in paragraphs (2) and (3) of this section.
21 Del. C. § 2813 — Delaware Code / Title 21 / Chapter 28 / Section 2813
§ Â
        2813. Computation of number of convictions.
Status: in_force

In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that convictions for offenses designated in § 2802(1)j. and k. of this title shall only be computed if the offenses giving rise thereto occur subsequent to July 1, 1977.
21 Del. C. § 2512 — Delaware Code / Title 21 / Chapter 25 / Section 2512
§ Â
        2512. Transfer for salvage.
Status: in_force

(a) Except as provided under subsection (g) of this section, when a registered or unregistered motor vehicle, for which a title has been issued by the Department, is transferred as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall send the certificate of title of the vehicle to the Department within 30 days from the date of settlement. Upon receipt of the certificate of title and appropriate fee, the Department shall issue a salvage certificate. Such salvage certificate is deemed to meet all state proof of ownership.

(b) If the owner of any registered or unregistered motor vehicle for which a title has been issued by the Department receives a total loss insurance settlement for the vehicle and chooses to retain ownership of the vehicle as owner retained salvage, the insurance company shall either comply with the requirements in subsection (a) of this section or require the owner of the vehicle to procure a salvage certificate from the Department prior to paying the total loss insurance settlement.

(c) Every scrap processor which takes in a scrapped or dismantled vehicle without a title shall upload the vehicle identification number into the National Motor Vehicle Title Information System (NMVTIS) by the close of business the next business day and shall have the vehicle cleared by a Delaware State Police auto theft technician before the vehicle is scrapped, dismantled, or altered in any way.

(d) The Department shall issue to the seller a receipt in the name of the seller, agent, or owner for the salvage certificate. The seller or vehicle owner or agent shall keep such records and receipt for a period of 3 years from the date of sale and shall make such records and receipts available for inspection and examination by any police officer during the regular working hours of such business, seller, or agent.

(e) A person who fails, neglects, or refuses to maintain the records and information required by this section, or who refuses to permit the examination of the records or information by persons permitted by this section to do so, is guilty of a class B misdemeanor as defined in Chapter 42 of Title 11, and is subject to the penalties proscribed therein.

(f) The recordkeeping requirements outlined in this section is applicable to scrap processors, salvage dealers, junk dealers, and insurance companies or their authorized agents. The record keeping requirement and penalties for failure to maintain such records does not apply to individual owners who choose to retain ownership of their total loss vehicle as owner retained salvage.

(g) (1) An insurance company that does not receive, within 30 days from the date of the total loss insurance settlement, the properly endorsed certificate of title for a motor vehicle acquired as salvage may apply to the Department for a salvage certificate in the name of the insurance company, without surrendering the certificate of title for the vehicle.

(2) Regardless of the existence of a lien against the vehicle, the Department shall issue a salvage certificate in the name of the insurance company, free and clear of all liens, if the application is accompanied by all of the following:

a. Evidence of payment of the total loss claim.

b. An affidavit from the insurance company or its authorized agent stating that it has made at least 2 written requests for the properly endorsed certificate of title that were addressed to the vehicle owner of record and any known lienholders and sent by certified mail or commercial courier whose regular business is delivery service and that provides proof of delivery.

(h) (1) A licensed auto auction may apply for a salvage certificate in the name of the auto auction without surrendering the certificate of title if all of the following exist:

a. The auto auction took possession of a motor vehicle at the request of an insurance company.

b. The motor vehicle is the subject of an insurance claim.

c. There is no total loss insurance settlement resulting in transfer of ownership of the motor vehicle to the insurance company.

d. The motor vehicle has been abandoned at the facility of the auto auction for more than 30 days.

(2) Regardless of the existence of a lien against the vehicle, the Department shall issue a salvage certificate in the name of the auto auction, free and clear of all liens, if the application is accompanied by evidence that the auto auction made at least 2 written attempts to have the vehicle removed from the facility that were addressed to the vehicle owner of record and any known lienholders and sent by certified mail or commercial courier whose regular business is delivery service and that provides proof of delivery.
21 Del. C. § 2708 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2708
§ Â
        2708. School bus driverâs qualifications.
Status: in_force

(a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus within the State unless such driver has qualified for a commercial driver’s license (CDL) under Chapter 26 of this title, and a school bus endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following:

(1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply with § 2709 of this title.

(2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within the last year.

(b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements:

(1) Be at least 18 years of age with 1 year of driving experience.

(2) Have qualified for a CDL license with P (passenger) endorsement.

(3) Show completion of a course of training with specific course content as determined by the Department of Education and including the knowledge specified in 49 C.F.R. § 383.123(a)(2).

(4) Pass a road test in a school bus administered by the Department and until September 30, 2005, has otherwise met the conditions of 49 C.F.R. § 383.123(b).

(5) Not have more than 5 points on the applicant’s 3-year driving record at the time of application.

(6) Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last 5 years.

(7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction:

a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;

b. Any crime against a child;

c. Any crime constituting a class A or B felony;

d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide;

e. Any crime constituting a felony sexual offense;

f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or

g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term “sentence” includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines, restitution or community service.

(8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner wile acting in the course of the practitioner’s practice. Refusal to submit to testing, which shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection.

(c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds 8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license.

(d) Renewal of the school bus endorsement shall be as required for other licenses.

(e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted to the Department of Education for school bus services.

(f) The Department shall conduct a criminal history background check for the purposes of issuing an S endorsement pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant’s Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.
21 Del. C. § 6708 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6708
§ Â
        6708. Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card; class E felony; penalty.
Status: in_force

(a) No person, unless duly authorized by the Director of the Division of Motor Vehicles, shall have in possession any blank certificate of title, blank registration card, blank vehicle identification plate, warranty sticker or vehicle inspection card.

(b) No person, unless duly authorized by the Director of the Division of Motor Vehicles, shall sell or deliver any blank certificate of title, blank registration card, vehicle identification plate, warranty sticker or vehicle inspection card.

(c) Any person found guilty of the violation of this section shall be 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. § 4706 — Delaware Code / Title 21 / Chapter 47 / Section 4706
§ Â
        4706. Adoption of federal requirements â Amendment of 49 C.F.R. Part 393.
Status: repealed

Repealed by 74 Del. Laws, c. 217, § 22, eff. Sept. 30, 2005.
21 Del. C. § 702 — Delaware Code / Title 21 / Chapter 7 / Section 702
§ Â
        702. Failure to answer summons; penalty.
Status: in_force

(a) Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, shall be fined, for the first offense, not less than $25 nor more than $50. For each subsequent like offense, such person shall be fined not less than $50 nor more than $100, or imprisoned not less than 2 nor more than 15 days or both.

(b) The offense set forth in subsection (a) of this section above shall not be charged in any case in which a court of competent jurisdiction has already issued a capias or bench warrant for the failure to answer the original summons, or in any case where the defendant’s driver’s license or driving privileges have been suspended as a result of failure to pay the summons through voluntary assessment pursuant to § 709(j) of this title.
21 Del. C. § 2613 — Delaware Code / Title 21 / Chapter 26 / Section 2613
§ Â
        2613. Prohibited alcohol offenses for commercial motor vehicle drivers.
Status: in_force

(a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person’s system.

(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person’s system or who refuses to submit to an alcohol test as provided by § 2614 of this title, must be placed out of service for 24 hours.

(c) Any person who drives, operates or is in physical control of a commercial motor vehicle within this State with an alcohol concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this title, be disqualified from driving a commercial motor vehicle under § 2612 of this title.

(d) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177M of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177M of this title or a local ordinance substantially conforming thereto, the Secretary shall disqualify the person’s commercial driver license and/or driving privileges in accordance with provisions specified in § 2612(a) and (b) of this title.

(e) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.
21 Del. C. § 4165 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4165
§ Â
        4165. Emerging from alley, driveway, private road or building.
Status: in_force

The driver of a vehicle emerging from an alley, driveway, private road or building where there is no official traffic-control device shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, driveway or private road and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and before entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
21 Del. C. § 6902A — Delaware Code / Title 21 / Chapter 69A / Section 6902A
§ Â
        6902A. Applicability.
Status: in_force

(a) This chapter applies to nonconsensual towing of motor vehicles weighing 5,000 pounds or less from private or public parking areas.

(b) Sections 6903A through 6905A of this title do not apply to the following:

(1) The towing of motor vehicles at the direction of police under Chapter 69 of this title.

(2) The towing of abandoned motor vehicles under Chapter 44 of this title or an equivalent municipal ordinance, code, or regulation.

(3) The towing of motor vehicles by a city, county, or state agency authorized to tow such vehicles under § 4181A or § 7003 of this title.

(4) The towing of motor vehicles by a municipality authorized to tow such vehicles under a municipal ordinance, code, or regulation that permits the towing of a vehicle due to unpaid parking tickets issued to the vehicle or unpaid traffic citations incurred while operating the vehicle.
21 Del. C. § 7501 — Delaware Code / Title 21 / Chapter 75 / Section 7501
§ Â
        7501. Definitions.
Status: in_force

As used in this chapter:

(1) “Automotive recyclers” means any person engaged in:

a. Dismantling, destroying or scrapping any vehicle for the purpose of resale of its used parts; or

b. Otherwise acquiring vehicles for the benefit of their usable parts; and

c. Notwithstanding any provision to the contrary, any reference to motor vehicle salvage yard, junkyard, automotive graveyard, wrecking and dismantling, salvage dealer or junk dealer in any statute or rule or regulation shall apply to an automotive recycler.

(2) “Department” means the Department of Transportation unless otherwise specified.

(3) “License” means any license issued by the Department of Transportation for the operation of an automotive recycler.

(4) “Person” means an individual, partnership or corporation.

(5) “Vehicle” means any vehicle or motor vehicle as defined in Chapter 1 of this title or body or chassis of any vehicle to be dismantled, destroyed, scrapped or resold.
21 Del. C. § 6821 — Delaware Code / Title 21 / Chapter 68 / Section 6821
§ Â
        6821. Operation of OHVs â On property.
Status: in_force

(a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in control of the property.

(b) Penalties. — (1) A person who violates subsection (a) of this section shall be subject to the following penalties:

a. For the first offense, a fine of $100 and an impoundment of the OHV at time of conviction for up to 30 days, which may be suspended by the court.

b. For each subsequent offense, the OHV owner shall be fined $1,000 and the OHV will be impounded for a minimum of 60 days from date of conviction. A subsequent offense, before being punishable as such, shall have been committed within 24 months after commission of the first offense.

c. Under this section, the OHV will be returned to the owner once the fine and impoundment costs have been paid by the OHV owner or, if the fine is appealed, once the owner has complied with the court’s decision or the court decides the owner and/or operator is not guilty of the offense under subsection (a) of this section. The owner will not be responsible for impoundment costs if found not guilty by the court.

(2) In addition, restitution shall be made for value of damage to real or personal property which results from a violation of this section.
21 Del. C. § 2309 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2309
§ Â
        2309. Duplicate certificates; fee.
Status: in_force

In the event of the loss of a certificate of title, the loss of which is accounted for to the satisfaction of the Department, a duplicate or substitute may be issued, the charge therefor to be $50.
21 Del. C. § 2171 — Delaware Code / Title 21 / Chapter 21 / Subchapter VI / Section 2171
§ Â
        2171. Operation of unregistered taxicab or limousine; exception.
Status: in_force

No person shall drive or move, nor shall any person, being the owner of a taxicab or limousine, knowingly permit to be driven or moved upon any highway, any taxicab or limousine which is not registered as a taxicab or limousine and for which a certificate of title has not been issued or applied for, or for which current taxicab or limousine registration plates have not been issued, as provided in this title, or for which the appropriate fees have not been paid when and as required by this chapter, except that when application accompanied by the proper fee has been made for taxicab or limousine registration and certificate of title for a vehicle, it may be operated temporarily pending complete registration upon displaying a duplicate application duly verified or other evidence of such application, or otherwise under rules and regulations promulgated by the Department.
21 Del. C. § 2727 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2727
§ Â
        2727. Motorcycle rider education program â Requirements for instructors.
Status: in_force

The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following:

(1) The instructor shall have a high school diploma or its equivalent.

(2) The instructor must be at least 18 years of age and must hold a valid driver’s license and a valid motorcycle endorsement.

(3) The instructor must hold a valid motorcycle endorsement and must have had at least 2 years of motorcycle riding experience.

(4) The instructor’s driver’s license shall not have been suspended or revoked any time during the immediately preceding 2 years.

(5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding 5 years nor shall the instructor have been subject to § 4177B of this title during the immediately preceding 5 years.

(6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediately preceding 2 years.

(7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until the instructor’s driving record for the immediately preceding 5 years is furnished.

(8) The instructor must have a Motorcycle Safety Foundation certification as an instructor.
21 Del. C. § 4604 — Delaware Code / Title 21 / Chapter 46 / Section 4604
§ Â
        4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires; penalty; class E felony.
Status: in_force

(a) No person shall have in possession any motor vehicle master key, manipulative key or device, key-cutting device, lock pick or lock picking device or hot wire, designed to open or capable of opening the door or trunk of any motor vehicle or of starting the engine of a motor vehicle. Any person who violates this subsection shall be guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.

(b) This section shall not apply to any bona fide dealer of new or used motor vehicles, a car rental agent, a locksmith, a public utility subject to the jurisdiction of the Public Service Commission or the agents of such persons while such persons or their agents are acting within the scope of their employment. This section shall not apply to a private investigator who in the usual course of business repossesses vehicles if such investigator is licensed and bonded by the State or the employees of such private investigator while the employee is repossessing vehicles in the usual course of business and is bonded and licensed by the State. This section shall not apply to a state, county or municipal law-enforcement officer who is acting within the scope of official duties. Nor shall this section apply to a bona fide business which has a key-cutting device located and used on the premises for the purpose of making replacement keys.
21 Del. C. § 705 — Delaware Code / Title 21 / Chapter 7 / Section 705
§ Â
        705. Bail.
Status: in_force

In the event of an arrest for the violation of any section of this title, if the defendant is unable to give sufficient bail for a hearing or for the defendant’s presence at court, the justice of the peace before whom the defendant is first taken may accept as a forfeit, conditioned upon the defendant’s appearance, a sum of money equal in amount to the maximum fines which could be imposed for the offense charged and the costs or in lieu of such bail or forfeit may accept any article of sufficient value or hold in custody a motor vehicle found in the possession of the defendant. Such justice of the peace after the trial of the defendant, if sufficient bail according to law has not been given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to the justice of the peace seems just and proper.
21 Del. C. § 3312 — Delaware Code / Title 21 / Chapter 33 / Section 3312
§ Â
        3312. Cease and desist orders and injunctive relief.
Status: in_force

(a) In addition to the legal remedies provided for in this chapter, the Division has authority to issue cease and desist orders to any person, corporation, partnership, or other legal entity who violates this chapter.

(b) The Division may file a complaint for injunctive relief with the Court of Chancery upon notice of a violation of a cease and desist order issued under this section. The Court of Chancery may award attorneys’ fees and costs if a preliminary or permanent injunction is granted by the Court. Nothing herein prevents the Department of Justice from seeking any civil remedy or criminal sanction for any conduct constituting a violation of this chapter.
21 Del. C. § 2173 — Delaware Code / Title 21 / Chapter 21 / Subchapter VI / Section 2173
§ Â
        2173. Marking of taxicabs.
Status: in_force

Every motor vehicle which is at any time used as a taxicab or which is intended to be used as a taxicab on any highway shall have painted thereupon in distinctive color and shall at all times bear the word “TAXI,” in letters having height of at least 4 inches and a width of at least 1 inch. The word “TAXI” shall appear on the front and rear of the body of the taxicab, and shall be so located that it shall be plainly visible from a height of 4 feet.
21 Del. C. § 2121 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2121
§ Â
        2121. Number and registration plates; provision for the issuance of special license plates to the owners of motor vehicles who operate amateur radio stations; special vanity plates.
Status: in_force

(a) The Department shall furnish 1 number plate for each vehicle registered. The Department shall also furnish registration plates as hereinafter provided. Upon the termination of the lawful use of any such plates they shall be returned to the Department.

(b) Each number plate shall have displayed thereon the registration number assigned to the vehicle, the name of this State, which may be abbreviated and in the case of motor farm trucks used exclusively by farmers in the operation of their farms and which have been registered for the reduced fee as provided by law, such plates for such farm motor trucks shall also display in large type the letter “F,” meaning for farm motor trucks only. In addition to the reduced registration fee to be paid for the registration of such motor farm trucks, the owner thereof shall also pay to the Department the cost of such special number plates for such trucks. In case of vehicles registered for a gross rate of more than 5,000 pounds, the number plate may also show the gross weight for which the vehicle is registered. Each number plate for each vehicle shall also show, in the manner determined by the Department and as hereinafter provided, the period of expiration thereof for which the vehicle has been registered and the required registration fee paid. Each number plate and the identifying letters and numerals thereon, except the registration period or expiration thereof, shall be of sufficient size to be plainly readable at a distance of 100 feet during daylight.

Unless otherwise specified in this title, motor vehicles with a registered gross weight of 5,000 pounds or less may be assigned any type of number plate and motor vehicles with a registered gross weight of greater than 5,000 pounds but less than 10,000 pounds may be assigned any type of number plate except an “RV” plate. Motor vehicles, except for recreational vehicles, with a registered weight rating above 10,000 pounds will be assigned commercial or farm truck license plates. The number plate for a “motorcycle” or “moped” as each are defined by § 101 of this title, shall display thereon the letters “MC” for motorcycles and the letters “MP” for mopeds. The number plate for a “recreational vehicle” or “recreational trailer” as each are defined by § 101 of this title shall display thereon the letters “RV” for recreational motor vehicles and the letters “RT” for recreational trailers. The title registration number for mobile homes shall begin with the letters “MH” and park trailers with the letters “PT.” Each number plate and special plate may have displayed thereon, in addition to all other numbers or letters required by this subsection, the words “The First State.”

(c) The number plates shall be of such design, size, material and color as the Department may determine and shall be so constructed that validation plates, to be furnished by the Department as provided in this section, may be conveniently attached or affixed thereto and, when necessary, detached and removed therefrom.

(d) The Department shall furnish for each vehicle registered and upon the payment of the required fees a validation plate to be attached or affixed to the number plate as provided by subsection (c) of this section. Such validation plates shall be of such design, size, material and color and shall bear such legend or inscription as the Department may determine, showing the period or expiration date thereof.

(e) There may also be attached to any number plate an additional removable plate of a size and design approved by the Department, which additional plate may show such other data as the Department may approve. No number plate shall have attached thereto any advertising matter, any fictitious numbers, signs, or symbols or any legend of any character not approved by the Department.

(f) The Department shall issue for every passenger motor vehicle, rented without a driver, the number of plates of the same type as issued for private passenger vehicles.

(g) Upon written application, the Department shall furnish to any owner of a motor vehicle who is a resident of the State and who holds a valid, unrevoked, and unexpired official amateur radio station license issued by the Federal Communications Commission, a special license plate for a motor vehicle owned by such individual and on which the required registration fee has been paid. The special plate shall bear the official amateur radio station call letters as assigned by the Federal Communications Commission to said individual. The special plate shall supersede the regular numbered plate assigned to such motor vehicle during the time said individual holds a valid, unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission and while such motor vehicle is owned by such individual; provided that, at all times, the necessary registration fee has been paid for such motor vehicle. Upon making application for such special license plate the owner shall pay, in addition to the regular registration fee, the sum of $10 for such plate. Application shall be made on such form as shall be prescribed by the Department.

The special license plate shall have imprinted thereon only the call letters of the licensee, the words, “Delaware,” “The First State” and the expiration date of the license plate.

(h) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motor vehicle otherwise entitled to a license plate, who is a resident of this State, a special vanity license plate for each motor vehicle owned by such individual for which the required registration fee has been paid, which plate shall have displayed thereon:

(1) Any single letter or combination of letters or combination of letters and numerals, not to exceed 7 in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals. The Department may refuse 7 character combinations that do not allow adequate spacing between letters and/or numbers;

(2) The word “Delaware”;

(3) The words “The First State”;

(4) The expiration date of the license plates; and

(5) Gold letters on a blue background, except for license plates provided for in § 2123 of this title, in which case they shall be blue letters on a gold background.

Upon making application for such special vanity license plates, the owner shall pay $40 annually for each plate in addition to the regular registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order in which the applications are received for any letter or combination thereof. Such license plates shall be the personal property of the owner so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be displayed on the front of any motor vehicle registered in this State. The provisions of subsection (b) of this section relating to the display of the letters “P/C” for combination vehicles shall not be applicable to this subsection.

(i) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motorcycle, otherwise entitled to a Delaware license plate, a special vanity license plate, provided the required registration fee has been paid for such motorcycle pursuant to § 2151(1) of this title. Such special plate shall have displayed thereon:

(1) Any single letter or combination of letters or combinations of letters and numerals, not to exceed 5 in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals;

(2) The word “Delaware”;

(3) The letters M/C;

(4) The expiration date of the license plate; and

(5) Gold letters on a blue background.

Upon making application for such special vanity license plate, the owner shall pay $40 annually for each plate in addition to the regular registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order in which the applications are received for any letter or combination thereof. Such license plate shall be the personal property of the owner so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be displayed on the front of any motorcycle registered in this State.

(j) The number plates for recreational vehicles shall display thereon the letters “RV.” A $10 fee shall be assessed to change the certificate of title, registration and license plate for any vehicle already registered under another type of plate if the owner desires to change to a recreational vehicle tag.

(k) Effective March 27, 1996, individual special vanity license plates shall not be recalled when the Department issues other categories of special group license plates with conflicting letters and numbers.
21 Del. C. § 4110 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4110
§ Â
        4110. Traffic signals.
Status: in_force

(a) Whenever a flashing red, yellow or green signal is used in a traffic signal or with a traffic sign, it shall require obedience by vehicle traffic as follows:

(1) Flashing red. —

When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before crossing the stop limit whether marked by a sign or painted line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop as at a stop sign.

(2) Flashing yellow or green. —

When a yellow or green lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signals only with caution.

(b) In the event that flashing signals are in place and no lighted indication is visible to an approaching driver, the approaching driver shall reduce speed and prepare to yield to other vehicles in or approaching the intersection. If facing a stop sign, the approaching driver shall stop and proceed as from a stop sign.

(c) This section shall not apply at railroad grade crossings.
21 Del. C. § 2945 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2945
§ Â
        2945. Installment payment of judgments; default.
Status: in_force

(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, at its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.

(b) The Secretary of Transportation shall not suspend a license or a nonresident’s operating privilege for nonpayment of a judgment when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of such judgment in installments, and while the payment of any said installment is not in default.

(c) In the event the judgment debtor fails to pay any installment as specified by such order, the Secretary of Transportation, upon notice of such default, shall forthwith suspend the license or nonresident’s operating privilege of the judgment debtor until such judgment is satisfied as provided in this subchapter.
21 Del. C. § 6406 — Delaware Code / Title 21 / Chapter 64 / Section 6406
§ Â
        6406. Lawful service, repair or replacement.
Status: in_force

(a) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read “0” and a notice in writing shall be attached to the left door frame of the vehicle by the owner or the owner’s agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.

(b) (1) No person shall fail to adjust an odometer or affix a notice regarding such adjustment as required pursuant to subsection (a) of this section.

(2) No person shall, with intent to defraud, remove or alter any notice affixed to a motor vehicle pursuant to subsection (a) of this section.
21 Del. C. § 8306 — Delaware Code / Title 21 / Chapter 83 / Section 8306
§ Â
        8306. Issuance, renewal, suspension and revocation of licenses.
Status: in_force

The Secretary may cancel, suspend, revoke or refuse to issue or renew a school or instructor’s license in any case where the Secretary finds the licensee or applicant has not complied with or has violated any of the provisions of this chapter or any regulation adopted by the Secretary. Any canceled, suspended or revoked license shall be returned to the Secretary by the licensee, and its holder shall not be eligible to apply for a license under this chapter until 3 months have elapsed since the date of such suspension or revocation.
21 Del. C. § 6824 — Delaware Code / Title 21 / Chapter 68 / Section 6824
§ Â
        6824. Operation of OHVs â By minors, incompetent persons or persons under mental or physical disabilities.
Status: in_force

(a) A person less than 12 years of age may operate an OHV only if:

(1) The person is under the direct supervision of a person who is at least 18 years of age; or

(2) The person is on land owned by or under the control of the person’s parent or legal guardian.

(b) Persons 12 years of age and older may operate an OHV without adult supervision provided such use is in compliance with all other provisions of this chapter.

(c) A parent or legal guardian shall not permit a child under the age of 12 to operate an OHV except under the direct supervision of an adult.

(d) The owner of an OHV shall not permit:

(1) The vehicle to be operated by a person under the age of 12 except under direct adult supervision.

(2) The vehicle to be operated by a person who is incompetent to operate such vehicle because of mental or physical disability or because of being under the influence of intoxicating liquor or controlled substance as defined by § 4177 of this title.

(e) No person under 18 years of age shall operate an ATV while carrying passengers, regardless of whether or not the vehicle was specifically designed by the manufacturer to carry passengers.

(f) No person under 18 years of age shall be a passenger on an ATV unless the ATV was specifically designed by the manufacturer to carry passengers and is being operated by an individual who is 18 years of age or older.
21 Del. C. § 4344 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4344
§ Â
        4344. Lamps on parked vehicles.
Status: in_force

(a) Every vehicle, except motorcycles, shall be equipped with at least 1 lamp which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and a red light visible from a distance of 500 feet to the rear of the vehicle. The lamp shall be situated so that 1 such lamp, or combination of lamps meeting the requirements of this section, is installed as near as practicable to the side of the vehicle which is closest to passing traffic.

(b) Whenever a vehicle (whether attended or unattended) is parked or stopped upon a street or highway, at a time when there is insufficient light to reveal any person or object within a distance of 500 feet upon the highway, such vehicle shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section, but it shall not be necessary to display the lamps upon a vehicle which is lawfully parked upon a portion of a roadway which is ordinarily or customarily used for parking vehicles.

(c) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
21 Del. C. § 2163 — Delaware Code / Title 21 / Chapter 21 / Subchapter V / Section 2163
§ Â
        2163. Appeal from decision of Department.
Status: in_force

An appeal to the Superior Court of the county wherein the registrant resides may be taken from any decision of the Department refusing, rescinding, cancelling or suspending the registration of any motor vehicle.
21 Del. C. § 2118B — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2118B
§ Â
        2118B. Processing and payment of insurance benefits.
Status: in_force

(a) The purpose of this section is to ensure reasonably prompt processing and payment of sums owed by insurers to their policyholders and other persons covered by their policies pursuant to § 2118 of this title, and to prevent the financial hardship and damage to personal credit ratings that can result from the unjustifiable delays of such payments.

(b) When an insurer is notified in writing by the claimant that the claimant desires to file an initial claim for benefits pursuant to § 2118(a)(2) of this title, the insurer shall, no later than 10 days following the insurer’s receipt of said notification, provide that claimant with a form for filing such a claim. For purposes of this subsection an insurer shall be deemed to have provided a claimant with a form for filing a claim when the insurer deposits such a form in an envelope addressed to such claimant with the United States Postal Service and with postage affixed for first class (or better) delivery. If an insurer fails to comply with the provisions of this subsection, the insurer shall pay the claimant a sum equal to 1 percent of the amount due as of the date on which the claim was required to be provided for each day beyond the prescribed period for compliance, not to exceed $5,000.

(c) When an insurer receives a written request for payment of a claim for benefits pursuant to § 2118(a)(2) of this title, the insurer shall promptly process the claim and shall, no later than 30 days following the insurer’s receipt of said written request for first-party insurance benefits and documentation that the treatment or expense is compensable pursuant to § 2118(a) of this title, make payment of the amount of claimed benefits that are due to the claimant or, if said claim is wholly or partly denied, provide the claimant with a written explanation of the reasons for such denial. If an insurer fails to comply with the provisions of this subsection, then the amount of unpaid benefits due from the insurer to the claimant shall be increased at the monthly rate of:

(1) One and one-half percent from the thirty-first day through the sixtieth day; and

(2) Two percent from the sixty-first day through the one hundred and twentieth day; and

(3) Two and one-half percent after the one hundred and twenty-first day.

(d) If an insurer fails to comply with subsection (b) or (c) of this section, the claimant may recover the amount due through a civil action in any court of competent jurisdiction or through a Delaware Insurance Commissioner’s Arbitration Proceeding, consistent with § 2118(j)(1)-(9) of this title, at the option of the claimant. Any judgment entered for a claimant in a civil action or arbitration proceeding brought under this section shall include, in addition to the amount due and any additional amount provided for by subsections (b) and (c) of this section, an award for the costs of the action and the prosecution of the action, including reasonable attorney’s fees; provided, however, that the costs of the action and the prosecution of the action, including reasonable attorney’s fees shall only be awarded if it is found that the insurer acted in bad faith. The burden of proving that the insurer acted in bad faith shall be on the claimant. Any sums other than the original claim paid under this subsection shall not reduce the amount of coverage available under the insurance policy that is the basis for the claim.

(e) If an action pursuant to subsection (d) of this section is not filed within 90 days of the date of denial or the date when benefits are due as provided for in subsection (c) of this section, the penalties prescribed in that subsection shall begin to run from the date of the filing of said action.

(f) The remedies provided by this section are in addition to all other remedies available to the claimant under state and federal statutory or common law.
21 Del. C. § 6415 — Delaware Code / Title 21 / Chapter 64 / Section 6415
§ Â
        6415. Odometer record retention for auction companies.
Status: in_force

Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for 5 years following the date of sale of each motor vehicle, the following records:

(1) The name of the most recent owner (other than the auction company);

(2) The name of the buyer;

(3) The vehicle identification number; and

(4) The odometer reading on the date which the auction company took possession of the motor vehicle.
21 Del. C. § 4402 — Delaware Code / Title 21 / Chapter 44 / Section 4402
§ Â
        4402. Enforcement; removal of abandoned vehicles; transfer thereof.
Status: in_force

(a) This chapter shall be enforced with respect to state or public highways or property within a municipality which maintains a police force by that police force. In all other instances, the State Police or the Department of Safety and Homeland Security (hereinafter “Department”) shall enforce this chapter, except that, in New Castle County, the New Castle County Police shall have concurrent authority to enforce this chapter. County code enforcement constables in each county and municipal police shall have concurrent authority to enforce subsections (d) and (e) of this section. The Department of Transportation shall have a limited role in causing vehicles to be removed from state or public highways, as stated herein.

(b) Upon the discovery of a vehicle on any state or public highway or property or the property or roads of any political subdivision or state or public highways within a municipality or upon any express highway in the State concerning which vehicle there are reasonable grounds to believe to be an abandoned vehicle, the State Police, county police or municipal police, as the case may be, shall post a notice at some conspicuous place on the vehicle, which shall direct that such vehicle be removed by a stated time and date (such time and date to be not less than 12 hours following the posting of such notice). If the vehicle is not removed within the time period designated by such notice, the abandoned vehicle shall be removed to a storage area designated by the Department or the State Police or its successor.

(c) In the event that a vehicle is abandoned on private property without the consent of the owner or occupant thereof, at the complaint of the property owner or occupant, such vehicle may be caused to be removed by the State Police, county police or municipal police, as the case may be, in the manner provided in this chapter, except that the posting required in subsection (b) of this section may be omitted. Any towing company or vendor requested to remove an abandoned vehicle under these circumstances shall be provided by the involved police agency the best available information regarding ownership of the vehicle and last known address of the owner.

(d) If an abandoned vehicle is on private property with the consent of the owner or occupant thereof, or if an abandoned vehicle is owned by the owner or occupant of the private property where the vehicle is located, representatives of the Department, State Police, a county code enforcement constable, or a municipal police officer may enter upon the property where such vehicle is located to ascertain its ownership. The Department, county, or municipality shall notify the owner of the abandoned vehicle by certified mail sent to the owner’s last known address to remove such vehicle within 7 days from the date of the mailing. If the vehicle is not removed within 7 days or if the owner cannot be located for the purpose of sending the written notice, then representatives of the Department, State Police, county code enforcement, or municipal police may enter upon the property where the vehicle is located and conspicuously affix thereto a sticker or tag showing the time and date of its affixing, advising the owner that if the vehicle is not removed within 24 hours from the time of the affixing of the sticker, the vehicle shall be removed to a storage area designated by the Department, State Police, a county code enforcement agency, or a municipal police department. This subsection does not apply to automobile graveyards as defined in § 1202(b)(2) of Title 17 nor to any vehicle on private property which is not visible from the street or road and is not otherwise a nuisance or a health or fire hazard.

(e) The notice required by subsections (b) and (d) of this section shall state that, if such vehicle is not so removed, it will be removed and stored at a storage area designated by the Department or the State Police at the owner’s expense, and thereafter will be subject to disposal in accordance with law. Such notice shall also set forth verbatim § 4414 of this title. If the vehicle shall not have been removed by the time and date specified in the notice, the police officer or agents or employees of the Department or State Police shall take such vehicle into custody and shall cause it to be removed and stored for safekeeping in the storage area designated by the Department or the State Police. The officer shall promptly notify the Secretary of Safety and Homeland Security, upon a form to be supplied by the Secretary for that purpose, of the action which has been taken with respect to such vehicle.

(f) This chapter shall not apply to any removal of a vehicle unless the removal is directed by the appropriate police authority or the Department or State Police or its successor.

(g) Any person who possesses or on whose property any abandoned vehicle or motor vehicle is found or who owns a vehicle or motor vehicle for which the certificate of title is lost or destroyed and such vehicle or motor vehicle is more than 8 years old and has no engine or is otherwise totally inoperable, may transfer the vehicle or motor vehicle to a licensed automotive recycler without the certificate of title on forms furnished by the Department. In such cases, the licensed automotive recycler may take the vehicle or motor vehicle in that person’s possession and shall immediately obtain from the Division of Motor Vehicles the name and address of the last known owner of the vehicle or motor vehicle or secured party. The licensed automotive recycler shall give at least 10 days’ notice to the owner or secured party by certified mail, return receipt requested. If the vehicle is not reclaimed within the 10-day period specified in the notice, the licensed automotive recycler assumes unencumbered title to the vehicle.

If the name and address of the owner or secured party cannot be obtained from the records of the Division of Motor Vehicles or by exercising reasonable diligence, the licensed automotive recycler assumes unencumbered title after the vehicle or motor vehicle has been in the recycler’s possession for 30 days.

Notice of assumption of ownership shall be made to the Division of Motor Vehicles on forms devised by the Division.

(h) In the event that a vehicle is abandoned or parked within a private right-of-way, alleyway or easement in such a manner as to impede the flow of traffic, at the complaint of any property owner or occupant or other person with a right-of-passage across the private right-of-way, alleyway or easement, such vehicle may be caused to be removed by the State Police, county police or municipal police, as the case may be, in the manner provided in this chapter, except that the posting required in subsection (b) of this section may be omitted and that the provisions of this chapter shall be applied to said parked vehicle as if it were an abandoned vehicle.
21 Del. C. § 8614 — Delaware Code / Title 21 / Chapter 86 / Section 8614
§ Â
        8614. Loss of use damages prohibited [For application of this section, see 84 Del. Laws, c. 363, Ââ3].
Status: in_force

(a) For the purposes of this section, “loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle.

(b) Damages incurred by shared vehicle owners or peer-to-peer car sharing programs for the loss of use of a rental vehicle and related administrative fees shall not be recovered from any renter, authorized driver, or the renter’s or authorized driver's insurer. Nothing in this section shall be construed as prohibiting recovery of loss of use damages from negligent third parties.

(c) Any car sharing program agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.
21 Del. C. § 2906 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2906
§ Â
        2906. Cancellation or termination of insurance policy.
Status: in_force

(a) Any insurance company may cancel any motor vehicle liability policy or bond, except such risks as may be assigned to it as provided in § 2905 of this title, for any reason it may deem proper. Such insurance company shall refund to its insured the unearned portion of the premium paid by the insured.

(b) Any insurance company may cancel any motor vehicle liability policy or bond issued to any person under § 2905 of this title by giving 30 days’ notice thereof to the Secretary of Transportation provided the insured:

(1) Is not licensed to operate a motor vehicle under the laws of this State;

(2) Is a person with mental or physical disabilities rendering it unsafe for the insured to operate a motor vehicle upon the highways;

(3) Is, in the opinion of the Secretary of Transportation, an habitually reckless or negligent driver of a motor vehicle;

(4) Is an habitual drunkard;

(5) Is addicted to the use of narcotic drugs;

(6) Is engaged in an unlawful or illegal occupation;

(7) Has refused or failed to pay the premiums due on such motor vehicle policy or bond; or

(8) Has refused or failed to cooperate with the insurance company as stated in such insurance policy or bond.
21 Del. C. § 4180 — Delaware Code / Title 21 / Chapter 41 / Subchapter X / Section 4180
§ Â
        4180. Additional parking regulations; penalty.
Status: in_force

(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a 2-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or outside edge of the shoulder.

(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or outside edge of the shoulder, or its left wheels within 12 inches of the left-hand curb or outside edge of the shoulder.

(c) Local authorities within their respective jurisdictions may, by ordinance, permit angle parking on any highway, except that angle parking shall not be permitted on a federal aid or state highway unless the Department of Transportation has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway.

(d) The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highways or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such prohibitions or restrictions may be declared to be effective either part or all of the time, and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ.

(e) No person shall park a vehicle in any area owned by, leased by or under the control of a retail store and immediately adjacent to such retail store, when such area has been designated by the management of the retail store as a loading zone and is conspicuously marked as such.

(f) Whoever violates this section shall be assessed a civil penalty not less than $100 nor more than $500.
21 Del. C. § 2908 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2908
§ Â
        2908. Administration and enforcement.
Status: in_force

The Secretaries of Safety and Homeland Security and/or Transportation, in keeping with their respective responsibilities, shall administer and enforce this chapter. The State Police shall assist the Secretary of Safety and Homeland Security in enforcing this chapter.
21 Del. C. § 4506 — Delaware Code / Title 21 / Chapter 45 / Section 4506
§ Â
        4506. Enforcement authority.
Status: in_force

(a) (1) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of a routine check of all applicable vehicles, may weigh the vehicle by means of a portable or stationary scale or may require that the vehicle be driven to a designated scale location and be weighed.

(2) The officer may require the operator of a vehicle under paragraph (a)(1) of this section to unload immediately the portion of the load as is necessary to decrease the gross weight of the vehicle to the maximum specified in this chapter or for which the vehicle is registered, whichever is less.

(3) Materials required to be unloaded under paragraph (a)(2) of this section must be unloaded and cared for by the owner or operator of the vehicle at the risk and expense of the owner or operator.

(4) a. Except as provided under paragraph (a)(4)b. of this section, farm vehicles and trucks are exempted from this subsection while engaged in farming operations.

b. Live-haul poultry trucks under §§ 4501(f)(1)a. and 4502(c)(6)a. of this title and trucks hauling farm produce under §§ 4501(f)(1)b. and 4502(c)(6)b. of this title are not exempted from this section.

(b) It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer any such material that has been unloaded. An owner or operator, or both, found to be in violation of this section shall be punished as provided in § 4508 of this title.

(c) It shall be unlawful and punishable pursuant to § 4508 herein for an owner or operator to:

(1) Fail to obey traffic control devices erected to enforce this chapter;

(2) Fail to stop at areas selected for vehicle weighing operations;

(3) Deviate from the route of travel to avoid State Police weighing operations;

(4) Deliberately destroy or damage traffic control devices or weighing equipment erected or established to enforce this chapter.

(d) (1) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an unattended vehicle found to be in violation of § 4508 of this title by any police officer authorized to arrest for violations of this title, in lieu of arrest of the operator of such vehicle.

(2) If the identity of the operator of an unattended vehicle is not otherwise apparent, it shall be prima facie evidence that the person in whose name the vehicle is registered as the owner is responsible for such violation.

(e) Any remedy or penalty imposed pursuant to this section shall not relieve the owner or operator of any requirement or penalty otherwise imposed by operation of law or pursuant to this chapter.
21 Del. C. § 2126 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2126
§ Â
        2126. Display of number plates; penalty.
Status: in_force

(a) The number plate assigned to a motor vehicle shall at all times be attached to the rear of the motor vehicle, except truck tractors attached to trailers or semitrailers, whether coupled or uncoupled, shall display the number plate on the front of the vehicle in such a manner as to be easily identified. Such number plates shall meet the requirements of subsection (b) of this section. Special license plates may be displayed on the front or rear of the vehicle. The regular numbered plate assigned to the vehicle or a duplicate special license plate furnished under § 2121(h) of this title must be displayed on the vehicle rear when the special plate is displayed on the front of the vehicle.

(b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.

(c) (1) No number plate, or any portion thereof, shall be covered with any tinted material, nor shall any other material be placed on or around a number plate which would conceal and/or obscure any information contained thereon, including the registration expiration sticker. Plate frames that do not conceal and/or obscure any information contained on the plate, including the registration expiration sticker, are not prohibited by this section.

(2) Operation and/or use of a plate frame containing or including scrolling, strobe, and/or blinking lights around a license plate for any purpose, including but not limited to advertisement, to convey a message or communication is prohibited, except during a special organized event such as a parade or car show.

(d) Whoever violates subsection (a) or (b) of this section shall be fined not less than $25 nor more than $50. Whoever violates subsection (c) of this section shall be fined not less than $100 nor more than $200.

(e) It shall be unlawful to sell, offer to sell, transfer, possess or use any kind of device, product, plate cover, or object, including any image altering device or spray, for the purpose of hindering, inhibiting, impeding, impairing, or preventing the photographing, recording or imaging of a license plate in connection with the enforcement of this motor vehicle code or any local or municipal traffic laws. Any person convicted of a violation of this subsection shall, for the first offense, be fined not less than $50 nor more than $1,000. For each subsequent violation occurring within 3 years of the date of the original violation, the person shall be fined not less than $200 nor more than $2,000.

(f) It shall be unlawful to sell any license plate cover or frame which would violate subsection (c) of this section if placed on a Delaware license plate unless the seller posts a sign in close proximity to the product which states clearly and conspicuously to the public that it is illegal to place the license plate cover or frame on Delaware license plates. Any person convicted of a violation of this section shall be fined not less than $50 and not more than $100 and shall pay restitution to the purchaser of the license plate cover or frame in the amount of 10 times the purchase price.
21 Del. C. § 2602 — Delaware Code / Title 21 / Chapter 26 / Section 2602
§ Â
        2602. Statement of intent and purpose.
Status: repealed

(a) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 521, Appendix §§ 2304, 2701-2716; repealed] and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:

(1) Permitting commercial drivers to hold only 1 license;

(2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;

(3) Strengthening commercial driver licensing and testing standards.

(b) This chapter is a remedial law and shall be liberally construed to promote the public health, safety and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.
21 Del. C. § 2120B — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2120B
§ Â
        2120B. Unique vehicle safety requirements.
Status: in_force

The Division of Motor Vehicles may promulgate regulations, rules, policies, or procedures necessary to implement the requirements of § 2120A of this title. The Division of Motor Vehicles may promulgate additional regulations, rules, policies, and procedures which the Division determines are necessary to ensure that the titling, registration, and operation of a unique vehicle on the roads of the State do not pose a safety risk to the motoring public.
21 Del. C. § 8410 — Delaware Code / Title 21 / Chapter 84 / Section 8410
§ Â
        8410. Coercion of new recreational vehicle dealer prohibited [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) A manufacturer or distributor may not coerce or attempt to coerce a new recreational vehicle dealer to:

(1) Purchase a product that the new recreational vehicle dealer did not order;

(2) Enter into an agreement with the manufacturer or distributor; or

(3) Enter into an agreement that requires the new recreational vehicle dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.

(b) As used in this section, the term “coerce” includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer-dealer agreement without good cause; or threatening to withhold product lines that the new recreational vehicle dealer is entitled to purchase pursuant to the manufacturer-dealer agreement; or threatening to delay product delivery as an inducement to amending the manufacturer-dealer agreement.
21 Del. C. § 4199B — Delaware Code / Title 21 / Chapter 41 / Subchapter XIII / Section 4199B
§ Â
        4199B. Riding in house trailers.
Status: in_force

It shall be unlawful to ride in a house trailer being towed by another vehicle.
21 Del. C. § 3310 — Delaware Code / Title 21 / Chapter 33 / Section 3310
§ Â
        3310. Hearings.
Status: in_force

(a) If a transporter timely requests a hearing to contest any proposal to suspend or revoke a license, to deny an original or renewal application for a license, or to extend any period of suspension or other time period established under this chapter, the Division must provide the requested hearing.

(b) The Division must provide notice of the time, date, and location of the hearing at least 30 days in advance of the hearing.

(c) At any hearing under this section, the transporter has the right to be heard personally, by counsel, or by other representative.

(d) Prior to a hearing under this section, the Director may initiate investigations, appoint a hearing officer, and subpoena witnesses.

(e) A hearing officer may make findings of fact and issue recommendations to the Division. If the findings of fact support the proposed action, the Director may issue a decision taking the proposed action.

(f) In considering whether or not to suspend or revoke a license, deny an original or renewal application, or extend any time periods under this section, the Director must consider the following facts:

(1) The nature of the violation or violations and, if appropriate, the willingness and ability of the transporter to make restitution to any party harmed by the actions of the transporter.

(2) The effect of the proposed action on the parties involved.

(g) Following a hearing and after considering all relevant facts or if a timely hearing request is not received after issuing the notice of intent under § 3308 or § 3309 of this title, the Director must issue a written decision to all parties involved. A copy of the decision must be provided to the transporter in the same manner as the notice of intent to revoke or suspend the license or deny the original or renewal application under § 3308 of this title.

(h) A final decision of the Director may be appealed to the Superior Court. The notice of appeal must be filed within 30 days of the earlier of the date the applicant or licensee receives the decision or the Division receives the return receipt.
21 Del. C. § 2620 — Delaware Code / Title 21 / Chapter 26 / Section 2620
§ Â
        2620. False statements; incorrect or incomplete information.
Status: in_force

(a) Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(b) Whoever provides information that is incorrect or incomplete when applying for a commercial driver’s license is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(c) Any driver’s license or driving privileges for a person guilty of this section shall be forthwith suspended or canceled.
21 Del. C. § 3217 — Delaware Code / Title 21 / Chapter 32 / Section 3217
§ Â
        3217. Acceptance of electronic signatures.
Status: in_force

The Department may accept electronic signatures on any documents required to be submitted pursuant to this title.
21 Del. C. § 2604 — Delaware Code / Title 21 / Chapter 26 / Section 2604
§ Â
        2604. Limitation on number of driver licenses.
Status: in_force

No person who drives a commercial motor vehicle may have more than 1 driver license.
21 Del. C. § 710 — Delaware Code / Title 21 / Chapter 7 / Section 710
§ Â
        710. State Police size and weight enforcement technicians.
Status: in_force

(a) The Secretary of Public Safety may designate civilian members of the Division of State Police as size and weight enforcement technicians. Members of the Division of State Police so designated shall be empowered to perform the duties prescribed in subsection (b) of this section when working in conjunction with, and in the physical presence of, sworn members of the Division.

(b) Civilian members of the Division of State Police, where designated pursuant to subsection (a) of this section, shall:

(1) Direct, control and regulate vehicle and pedestrian traffic;

(2) Inspect drivers’ licenses, vehicle registrations, motor fuel tax cab cards, and other documentations required by law;

(3) Measure and weigh vehicles and vehicle loads as set forth in § 4506 of this title;

(4) Issue voluntary assessments, summons and make traffic arrests for violations of this title and Chapter 52 of Title 30.
21 Del. C. § 4404 — Delaware Code / Title 21 / Chapter 44 / Section 4404
§ Â
        4404. Sale of abandoned vehicles; disposition of proceeds.
Status: in_force

The Department of Safety and Homeland Security shall have a possessory lien against said abandoned vehicles and shall have a right to sell said abandoned vehicles 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.
21 Del. C. § 3311 — Delaware Code / Title 21 / Chapter 33 / Section 3311
§ Â
        3311. Return of license and transporter plates.
Status: in_force

If a licensed transporter fails to renew the transporter’s license, or if the Division revokes a transporter license or denies the renewal of a transporter licensed under this chapter, the transporter must immediately return both the license and all transporter plates issued to the transporter.
21 Del. C. § 4371 — Delaware Code / Title 21 / Chapter 43 / Subchapter IV / Section 4371
§ Â
        4371. Construction of vehicles to prevent escape of contents; penalty.
Status: in_force

(a) No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100.
21 Del. C. § 2139T — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139T
§ Â
        2139T. Special license plates for active members and retired active members of the International Association of Firefighters (IAFF) living in Delaware.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special professional firefighter registration number; provided, however, that the owner of the vehicle must possess and present official membership card/ID documentation which indicates that the owner is an active or retired active member of the International Association of Firefighters.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a ¾-ton or less manufacturer’s rated capacity; or

(3) A van with a ¾-ton or less manufacturer’s rated capacity.

(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 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 purpose of promoting the sale of the plate and administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) The Department shall reserve sufficient license plates and the letters “PF” and number consecutively beginning with the numeral “1” as are necessary to implement this section.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, 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. § 4505 — Delaware Code / Title 21 / Chapter 45 / Section 4505
§ Â
        4505. Traffic control devices.
Status: in_force

(a) For purposes of this section:

(1) “Commercial vehicle” means as defined under § 101 of this title and includes a truck.

(2) “Local service” means an origin, destination, or service located directly on a restricted roadway segment or at a location that can only be accessed by a restricted roadway segment.

(3) “Residential service” means an origin, destination, or service located at a building that is used as a residence.

(4) “Service” means a stop at any of the following:

a. A point where freight originates, terminates, or is handled.

b. A facility for food, fuel, repair, or rest.

c. A location where commercial motor carriers maintain an operating facility.

d. A location where labor is performed.

(b) The Secretary of the Department may implement this chapter and §§ 134 and 141 of Title 17 by erecting traffic control devices.

(c) The Secretary of the Department may do all of the following:

(1) Order traffic control devices erected on any highway establishing the maximum permitted weight or height of any vehicle including load that may be driven on the highway.

(2) Order traffic control devices erected on any highway prohibiting the operation of commercial vehicles on the highway, with exceptions for local service or residential service.

(d) (1) The Secretary of the Department shall submit an order issued under subsection (c) of this section to the Registrar of Regulations for publication in the Register of Regulations. The Secretary shall also publish the order on the Department’s website with other similar orders.

(2) An incorporated municipality exercising its authority under § 134(e) of Title 17 shall submit notice of the municipality’s action to the Registrar of Regulations for publication in the Register of Regulations. For a state-maintained highway, the notice must include a certification from the Department that the notice has been approved by the Department. The Secretary shall publish the notice on the Department’s website with orders issued by the Department under paragraph (d)(1) of this section.

(e) It is unlawful for a person to drive or move or, being the owner, cause or knowingly permit to be driven or moved, a vehicle or combination of vehicles in violation of a traffic control device erected under any of the following:

(1) Paragraph (c)(1) of this section.

(2) Paragraph (c)(2) of this section.

(f) (1) For purposes of this subsection:

a. “First offense” means a person has not, before the date of this offense, previously been convicted of violating the traffic control device at the location of the offense.

b. “Subsequent like offense” means a person has, before the date of this offense, been convicted of violating the traffic control device at the location of the offense.

(2) Section 4508 of this title does not apply to a violation of subsection (e) of this section.

(3) A violation of paragraph (e)(1) of this section is punishable as follows:

a. For a first offense, by both of the following:

1. A fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.

2. A fine for all excess weight up to and including 5,000 pounds in the amount of 2.3 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 5.75 cents per pound or by a term of imprisonment not to exceed 30 days or both.

b. For a subsequent like offense, by both of the following:

1. A fine of not less than $500 nor more than $650 or by a term of imprisonment of not more than 60 days or both.

2. A fine for all excess weight up to and including 5,000 pounds in the amount of 5.75 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 11.5 cents per pound or by a term of imprisonment not to exceed 60 days or both.

(4) A violation of paragraph (e)(2) of this section is punishable as follows:

a. For a first offense, by a fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.

b. For a subsequent like offense, by a fine of not less than $450 nor more than $650 or by a term of imprisonment of not more than 60 days or both.

(5) A subsequent like offense under this subsection constitutes a moving violation.
21 Del. C. § 4144 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4144
§ Â
        4144. Drivers to exercise due care.
Status: in_force

Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog upon a roadway.
21 Del. C. § 4315 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4315
§ Â
        4315. Penalties for ÂÂâ4301-4316.
Status: in_force

(a) Whoever violates §§ 4301-4305 of this title shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $57.50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.

(b) Whoever violates §§ 4306-4311 of this title, except for § 4306(c) of this title, shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100. Whoever violates § 4306(c) of this title shall be subject to a fine of at least $50 and not to exceed $250. For each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500.

(c) Whoever violates § 4311A of this title shall be fined $500.

(d) Whoever being the operator, owner or custodian of any motor vehicle which is operated in violation of §§ 4312-4316 of this title shall be fined not less than $28.75 nor more than $100.

(e) In case of any violation of §§ 4301-4316 of this title by any common carrier or person operating under a permit or certificate issued by any public authority, in addition to the penalties prescribed in this section, such permit or certificate shall be revoked or, in the discretion of the issuing authority suspended until such sections are satisfactorily complied with.

(f) A violation of § 4303(c) of this title shall also constitute a moving violation which shall be part of the person’s driving record.

(g) In cases where no collision has occurred, violation of § 4306, § 4308, or § 4313 of this title may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
21 Del. C. § 2142 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2142
§ Â
        2142. Purpose of inspections.
Status: in_force

Inspection shall be for the purpose of determining whether a vehicle is in a safe and fit condition to be operated upon the highways of the State, and whether it is equipped in the manner provided by law.
21 Del. C. § 2138 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2138
§ Â
        2138. Special license plates for veterans with disabilities.
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 disabled veteran number.

(b) 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.

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

(1) The applicant states that:

a. The applicant is a veteran with a disability of any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; or

b. It has been determined by the United States Department of Veterans Affairs that the applicant meets the qualifications of being a veteran with a service-connected disability; and

(2) a. The United States Department of Defense certifies that the applicant sustained a disabling injury in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; or

b. The United States Department of Veterans Affairs certifies that the applicant meets the qualifications of being a veteran with a service-connected disability.

(3) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, 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.

(d) (1) Any applicant who applies for the assignment of a special plate under this section who also submits proof satisfactory to the Department that the applicant or a household member has a disability that would permit issuance of a special license plate under § 2134 of this title may be issued a special plate for veterans with disabilities that will be considered in all respects as a special license plate for persons with disabilities issued under § 2134 of this title.

(2) A special license plate issued pursuant to this subsection must, in addition to the special disabled veteran number, display the internationally recognized wheelchair symbol of access on the plate.

(3) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this subsection.

(e) 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.

(f) The Department shall reserve sufficient license plates including the letters “DAV” and numbered consecutively beginning with the numeral “1” as are required for this section.
21 Del. C. § 2140P — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140P
§ Â
        2140P. Special registration plates supporting Whitetails Unlimited.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a special “Whitetails Unlimited” registration plate.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a ¾-ton or less manufacturer’s rated capacity.

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

(e) The Division shall reserve sufficient license plates starting with the prefix “WTU” and numbered consecutively beginning with the numeral “1” as required for this section.

(f) All registration plates issued pursuant to this section shall be the colors and design of blue/gold with the organization logo placed to the left side of the plate and “Delaware” listed at the top or bottom of the plate as determined by the Division of Motor Vehicles in conjunction with Whitetails Unlimited. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section. A minimum of 200 applicants for this plate shall be required prior to issuance of the plate.
21 Del. C. § 6810 — Delaware Code / Title 21 / Chapter 68 / Section 6810
§ Â
        6810. Exceptions and exemptions to OHV registration.
Status: in_force

(a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions of this chapter.

(b) Registration is not required for an OHV which is operated exclusively in a special event upon a special area location of limited duration which is conducted according to a prearranged schedule under a permit from the governmental unit having jurisdiction.

(c) No registration hereunder shall be required for the following described off-highway vehicles:

(1) OHVs covered by a valid registration of another state or country and which have not been within this State for more than 15 consecutive days.

(2) OHVs being operated by a resident of a state or country which does not require off-highway vehicle registration and which have been issued a 1-year permit sticker as provided for in § 6807 of this title.
21 Del. C. § 2760 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2760
§ Â
        2760. Duplication, reproduction, manufacture and sale, altering, or counterfeiting of driver licenses or identification cards; presenting fraudulent identification and driving authority source documents.
Status: in_force

(a) A person or company shall not duplicate, reproduce, alter or counterfeit a Delaware driver license or identification card or a driver license or identification card issued by an authorized issuing agency from another state.

(b) A person or company shall not sell, offer for sale, manufacture or distribute a driver license or identification card document that is similar in design, shape, size or color to any driver license or identification card issued by the Delaware Division of Motor Vehicles or by an authorized driver license and/or identification card issuing agency from another state. This includes any driver license or identification card that uses the word “Delaware” or any other state name or has the words “not issued by a government agency” or similar words.

(c) It shall be unlawful to present fraudulent personal identification source documents, state issued driver licenses or state issued identification cards when applying for a Delaware driver license or identification card. If the Division of Motor Vehicles has reason to believe the documents provided by an applicant are fraudulent after physically examining the documents and/or by using an electronic verification process, the Division shall confiscate the documents, deny the transaction, and provide the documents to a law-enforcement officer or Division investigator. The investigator may recommend prosecution, deny issuance of the document, return the confiscated documents to the applicant, or take any other action deemed appropriate. The applicant may request an administrative hearing to challenge the Division’s decision to retain the confiscated documents or to continue denial of the driver license or identification card based on the presentation of the questioned documents.

(d) Identification documents produced by other State of Delaware agencies are exempt from this section.

(e) (1) Any person convicted of a violation of subsection (a) or (c) of this section shall be fined not less than $500, nor more than $1,500 or imprisoned not less than 30 days, nor more than 60 days. In addition, the person shall have that person’s driver license and/or driving privileges suspended for a period of 1 year.

(2) Any person convicted of a violation of subsection (b) of this section shall be guilty of a class G felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.

(f) When a driver license and/or driving privileges is/are suspended pursuant to this section, the applicant shall not be eligible for a conditional license, work license or any other type of hardship license during the suspension period.
21 Del. C. § 2612 — Delaware Code / Title 21 / Chapter 26 / Section 2612
§ Â
        2612. Disqualification and cancellation.
Status: in_force

(a) A person operating a CMV while either holding a CDL, CLP, or being required to hold a CDL, CLP, or any CDL or CLP holder operating a non-CMV shall be disqualified from driving a commercial motor vehicle for a period of not less than 1 year if convicted of a first violation of the following in accordance with 49 C.F.R. § 383.51, Table 1:

(1) Driving, operating or having in physical control a noncommercial vehicle or a commercial motor vehicle, under the influence of alcohol or a controlled substance, or any drug which impairs driving ability.

(2) Driving, operating or having in physical control a commercial motor vehicle while the alcohol concentration of the person’s blood or breath is 0.04 or more.

(3) Knowingly and wilfully leaving the scene of an accident.

(4) Using a motor vehicle in the commission of any felony as defined in this chapter.

(5) Refusal to submit to a breath or blood test to determine the driver’s alcohol concentration while driving, operating or having in physical control a motor vehicle.

(6) Using the vehicle to commit a felony, other than a felony described in subsection (d) of this section.

(7) Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver’s CDL or CLP is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle.

(8) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.

If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of 3 years.

(b) A person is disqualified for life if convicted of 2 or more violations of any of the offenses specified in subsection (a) of this section, or any combination of those offenses, arising from 2 or more separate incidents.

(c) The Division of Motor Vehicles may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (b) of this section may be reduced to a period of not less than 10 years.

(d) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle as follows:

(1) In the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.

(2) In the commission of a felony involving human trafficking.

(e) A person is disqualified from driving a commercial motor vehicle for a period of 60 days if convicted of 2 serious traffic violations, or 120 days if convicted of 3 or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period or committed while operating a noncommercial motor vehicle if the conviction results in the revocation, cancellation, or suspension of the person’s license or noncommercial motor vehicle driving privileges. The 120-day disqualification period must be served in addition to any other previous period of disqualification. Serious traffic violations for purposes of this section shall be those violations as specified in 49 C.F.R. § 383.51, Table 2.

(f) After suspending, revoking, or canceling a commercial driver license or commercial learner permit, the Division of Motor Vehicles must update its records to reflect that action within 10 days. After suspending, revoking or canceling a nonresident commercial driver’s privileges, the Division of Motor Vehicles must notify the licensing authority of the state which issued the commercial driver license or commercial learner permit within 10 days.

(g) A person who has been disqualified from operating a commercial motor vehicle pursuant to this chapter may be issued a license to operate a noncommercial motor vehicle during such disqualification period provided such person is not otherwise suspended, revoked or canceled pursuant to this title.

(h) After September 30, 1997, a driver who is convicted of violating an out-of-service order is disqualified for the following periods in accordance with 49 C.F.R. § 383.51, Table 4:

(1) First violation. — A driver shall be disqualified for a period of not less than 180 days or more than 1 year if the driver is convicted of a first violation of an out-of-service order. If any such driver is transporting hazardous materials required it be placarded under the Hazardous Materials Transportation Act [§§ 8223 to 8230 of Title 29] or is operating a motor vehicle designed to transport more than 15 passengers, including the driver, that driver shall be disqualified for a period of not less than 180 days nor more than 2 years.

(2) Second violation. — A driver shall be disqualified for a period of not less than 2 years nor more than 5 years if, during any 10-year period, the driver is convicted of 2 violations of out-of-service orders in separate incidents. If any such driver is transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act [§§ 8223 to 8230 of Title 29] or is operating a motor vehicle designed to transport more than 15 passengers, including the driver, that driver shall be disqualified for a period of not less than 3 years nor more than 5 years.

(3) Third or subsequent violations. — A driver shall be disqualified for a period of not less than 3 years nor more than 5 years; if, during any 10-year period the driver is convicted of 3 or more violations of out-of-service orders in separate incidents.

(4) Additional penalties. — In addition to the disqualification, drivers convicted of violating an out-of-service order shall be fined not less than $2,500 nor more than $3,500 for a first conviction and not less than $5,000 nor more than $6,000 for a second or subsequent conviction within a 10-year period. Employers convicted of violating an out-of-service order shall be fined not less than $2,750 nor more than $25,000.

(i) A driver who is convicted of a railroad-highway grade crossing violation shall be disqualified for the following periods in accordance with 49 C.F.R. § 383.51, Table 3:

(1) First violation. — A driver must be disqualified for not less than 60 days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.

(2) Second violation. — A driver must be disqualified for not less than 120 days if, during any 3-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.

(3) Third or subsequent violation. — A driver must be disqualified for 1 year if, during any 3-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in a separate incident.

(4) Employer penalties. — An employer who is convicted of a railroad-highway grade crossing violation will be subject to a civil penalty of not more than $10,000 in accordance with 49 C.F.R. § 383.53.

(j) The Division of Motor Vehicles will disqualify a Delaware CDL licensee or CLP holder if the Federal Motor Carrier Safety Administrator declares the licensee not qualified and orders disqualification for them.
21 Del. C. § 4147 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4147
§ Â
        4147. Pedestrians soliciting rides or business.
Status: in_force

(a) No person shall stand in a highway for the purpose of soliciting any employment, business or contributions from the occupant of any vehicle.

(b) No person shall stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parking or about to be parked on a highway.

(c) No person shall stand in a highway for the purpose of soliciting a ride.

(d) No person shall at any time be jailed solely for violation of subsection (c) of this section.

(e) The prohibition against soliciting contributions contained in subsection (a) of this section shall not apply on the Saturday immediately prior to Father’s Day each year to solicitations by charitable organizations, defined as those organizations previously qualified as such under the federal Internal Revenue Code [26 U.S.C. § 1 et seq.], when those solicitations take place only during daylight hours, at intersections with traffic control signals in place, using only existing median strips or other off-street facilities, using individuals no younger than 18 years of age to conduct the solicitation, without using any devices to alter or impede the traffic flow.
21 Del. C. § 4172A — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4172A
§ Â
        4172A. Malicious mischief by motor vehicle.
Status: in_force

(a) No person shall operate a motor vehicle in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation.

(b) No owner or person in charge of a motor vehicle shall permit that motor vehicle or any motor vehicle under the person’s control to be operated by another person in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation, nor so as to cause or threaten to cause injury or death to any person.

(c) Whoever being an operator violates this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $25 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both. Upon receiving the notice of such conviction, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of not longer than 6 months. For each subsequent like offense, the person shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 days nor more than 60 days or both. Upon receiving a court record of conviction for a subsequent like offense, the Secretary shall suspend the driver’s license for a 1-year period.

(d) Whoever being the owner or person in charge of a motor vehicle who permitted such motor vehicle to be operated in violation of this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $28.75 nor more than $230, or imprisoned not less than 10 days nor more than 30 days or both. For each subsequent like offense the person shall be fined not less than $57.50 nor more than $460, or imprisoned not less than 15 days nor more than 60 days or both.

(e) This section shall apply to the operation of motor vehicles on public highways and elsewhere throughout the State.
21 Del. C. § 2719 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2719
§ Â
        2719. Records.
Status: in_force

The Department shall file every application for an operator’s license and index the application by name and number and maintain suitable records of all licenses issued and all applications for licenses denied, as well as a record of all licenses which have been suspended or revoked.
21 Del. C. § 2304 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2304
§ Â
        2304. Certificate of title; transfer-on-death.
Status: in_force

(a) A motor vehicle may be titled in transfer-on-death form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last to die of 2 or more owners with right of survivorship, subject to the rights of all lien holders, whether created before, simultaneously with, or after the creation of the transfer-on-death interest. A trust may be the beneficiary of a transfer-on-death certificate of title.

(b) A motor vehicle is titled in transfer-on-death form by designating in the certificate of title, the name of the sole owner, or the names of the owners who own the motor vehicle as tenants in common, tenants by the entirety or joint tenants with right of survivorship, followed in substance by the words “transfer on death to [name of beneficiary or beneficiaries].” Instead of the words “transfer on death to” the abbreviation “TOD” may be used.

(c) The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last to die of all multiple owners with right of survivorship. A beneficiary designation may be changed at any time by the owner or all then surviving multiple owners with right of survivorship, without the consent of the beneficiary or beneficiaries, by filing an application for a subsequent certificate of title.

(d) Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last to die of all multiple owners with right of survivorship, subject to the rights of all lien holders. If no beneficiary survives the death of the owner or the last to die of all multiple owners with right of survivorship, then such interest in the motor vehicle belongs to the estate of the deceased owner or the last to die of all multiple owners with right of survivorship.

(e) A certificate of title in transfer-on-death form shall not be considered a testamentary disposition.
21 Del. C. § 4413 — Delaware Code / Title 21 / Chapter 44 / Section 4413
§ Â
        4413. Antique cars or parts thereof; exception.
Status: in_force

Anyone maintaining an inventory of antique cars or parts thereof shall not be subject to this chapter, provided the antique cars or parts thereof are housed in a building consisting of 4 sides and a roof and are not visible from the highway or road from any location.
21 Del. C. § 810 — Delaware Code / Title 21 / Chapter 8 / Section 810
§ Â
        810. Refusal of registration renewal.
Status: in_force

When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was 1 for which the person received service of the notice or summons by mail and the person has not responded within the required time by either paying the civil penalty or requesting a hearing or, submitting an affidavit stating that the person was not the driver, if applicable, the Division of Motor Vehicles may deny the renewal of the registration of the owner’s vehicle operated at the time the summons was issued. The Division shall register any vehicle for which it has refused registration upon proof that the person has paid the civil penalty, costs, or both, or has appeared in court following a default in appearance or payment and made arrangements to pay the civil penalty or costs or both or has had a default judgment vacated and been found not responsible.
21 Del. C. § 4510 — Delaware Code / Title 21 / Chapter 45 / Section 4510
§ Â
        4510. Conflict with federal requirements.
Status: in_force

(a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared to be inoperable, as provided herein, shall be brought to the attention of the next session of the General Assembly and shall not, in any event, serve to invalidate any other provision of this chapter.

(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight in excess of that permitted by § 4503 of this title lawfully may be operated on any interstate highway or United States numbered route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to § 4504 of this title. Regarding such permits issued pursuant to § 4504(c)(1) of this title, the State has determined that vehicles bearing such permits could be lawfully operated within this State on July 1, 1956.
21 Del. C. § 6309 — Delaware Code / Title 21 / Chapter 63 / Section 6309
§ Â
        6309. Prohibited acts.
Status: in_force

(a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver’s license.

(b) A dealer or an agent or employee of a dealer may not commit any fraud in the execution of, or any material alteration of, a contract, power of attorney or other document incident to a sale or exchange of a vehicle.

(c) A dealer or an agent or employee of a dealer may not wilfully fail to comply with the terms of a warranty or guarantee. A Federal Trade Commission Buyers Guide will be properly completed and displayed on all used vehicles. Buyer(s) will be provided a copy of the Guide prior to completion of the sale.

(d) A dealer or agent of a dealer must disclose to a buyer if the vehicle title has been branded “reconstructed”, “flood damaged”, “salvage” or was a “taxi”. The buyer(s) shall acknowledge the disclosure as described in this subsection by signing a disclosure statement which has been approved by the Division of Motor Vehicles and is provided by the dealership. A copy of the disclosure statement shall be provided to the Delaware Division of Motor Vehicles with the title application. In the absence of any disclosure statement, the contract may be rescinded at any time by the buyer and the dealer shall provide a full and complete refund to the buyer of all purchase moneys, including interest paid, plus all fees paid. Disclosure shall not prevent any person from otherwise bringing any action under any law for a failure to disclose material information concerning the condition or prior use of any vehicle.
21 Del. C. § 4357 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4357
§ Â
        4357. Carrying of flares in certain vehicles; use upon becoming disabled.
Status: in_force

(a) No person shall operate any vehicle having a width in any part in excess of 80 inches or a gross weight of vehicle and load of 8,000 pounds or more upon the highways of this State outside of a business or residential district during the period when lighted lamps must be displayed on vehicles, unless there shall be carried in such vehicle at least 3 flares, or 3 red electric lanterns or 3 portable red emergency reflectors capable of being distinguished at a distance of not less than 600 feet under normal atmospheric conditions at night.

(b) Whenever any vehicle described in subsection (a) of this section or its lighting equipment is disabled during the period when lighted lamps must be displayed and such vehicle cannot immediately be removed from the main traveled portion of a highway outside of a business or residential district, the driver or other person in charge of such vehicle shall cause flares, lanterns or reflectors to be lighted and placed upon the highway, 1 at a distance of approximately 100 feet in advance of such vehicle, 1 at a distance of approximately 100 feet to the rear of the vehicle and the third upon the roadway alongside of the vehicle. If the vehicle is transporting flammables, 3 red reflectors shall be so placed so as to afford a warning of the presence of the vehicle on the highway in lieu of such other signals and no open burning flare shall be placed adjacent to any such vehicle.
21 Del. C. § 4205A — Delaware Code / Title 21 / Chapter 42 / Section 4205A
§ Â
        4205A. Classification of offenders sentenced to imprisonment under this title.
Status: in_force

(a) For offenses under this title, except those which involve injury or death caused to another person by the person’s driving or operation of the vehicle or which involve a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the terms of imprisonment defined in this title may be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11.

(b) For offenses under this title which involve injury caused to another person by the person’s driving or operation of the vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, any term of imprisonment defined in this title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11 or at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11 provided that such Level IV placement must be served in a Department of Correction facility which requires full-time residence at the facility and that the person may not be outside the confines of that facility without armed supervision.

(c) For offenses under this title which involve death caused to another person by the person’s driving or operation of the vehicle any term of imprisonment defined in this title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11.

(d) A sentencing judge shall not designate under which provision of this section an offender sentenced to imprisonment for a violation of a provision of this title is to be classified to serve the offender’s imprisonment. Classification pursuant to the provisions of this section of an offender sentenced to imprisonment for violation of a provision of this title shall be done at the discretion of the Department of Correction in accordance with Chapter 65 of Title 11.
21 Del. C. § 8304 — Delaware Code / Title 21 / Chapter 83 / Section 8304
§ Â
        8304. License for instructors; requirements.
Status: in_force

(a) No person shall act as an instructor after January 1, 1969, unless such person applies for and obtains from the Secretary a license in the manner and form prescribed by the Secretary.

(b) Regulations adopted by the Secretary shall state the requirements for an instructor’s license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, motor vehicle laws and safety principles and practices, previous personnel and employment records and such other matters as the Secretary may prescribe for the protection of the public.
21 Del. C. § 2762 — Delaware Code / Title 21 / Chapter 27 / Subchapter V / Section 2762
§ Â
        2762. License endorsed for taxicab and limousine.
Status: in_force

The Department shall endorse on the driver’s license of the applicant an authorization to operate a taxicab and limousine.
21 Del. C. § 6310 — Delaware Code / Title 21 / Chapter 63 / Section 6310
§ Â
        6310. Acts of officers, directors, partners, and sales persons.
Status: in_force

If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a 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 which would be cause for denial or suspending a license issued to such licensee as an individual under this chapter. Each licensee shall be responsible for all acts of any of their salespersons while acting as their agent, if the licensee approved of those acts or had knowledge of those acts or other similar acts and after such knowledge retained the benefit, proceeds, profits or advantages accruing from those acts.
21 Del. C. § 2136 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2136
§ Â
        2136. Sale and manufacture of registration plates.
Status: in_force

(a) No person shall sell or offer for sale any vehicle registration plate which is similar in design, shape, size and colors to any vehicle license plate considered valid for registration purposes.

(b) No person shall manufacture vehicle registration plates which are similar in design, shape, size and colors to any vehicle license plate considered valid for registration purposes, unless authorized in writing by the Director of the Division of Motor Vehicles.

(c) This section shall not apply to registration plates issued prior to 1941 which are collectors’ items.

(d) A violation of this section shall be an unclassified misdemeanor. Justice of the Peace Courts shall have jurisdiction over violations of this section.
21 Del. C. § 2341 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2341
§ Â
        2341. Transfer of title without disclosure of liens.
Status: in_force

Any person, association of persons, firm or corporation and every agent or officer thereof participating in the transaction, who shall assign, transfer or set over, or cause to be assigned, transferred or set over, to any person, association of persons, firm or corporation the title to any motor vehicle for which a certificate of title is required by this title or who shall sell to any such person, association of persons, firm or corporation a motor vehicle for which a certificate of title is required by this title, shall disclose to such assignee, transferee or purchaser the existence of all existing liens and encumbrances in any form upon such motor vehicle, the holder or holders of such liens or encumbrances and the true amount thereof with all charges and interest due in respect thereof at the time of such assignment, transfer or sale.
21 Del. C. § 4416 — Delaware Code / Title 21 / Chapter 44 / Section 4416
§ Â
        4416. Vehicles left or abandoned on public highways.
Status: in_force

Any other provision of this chapter notwithstanding, in the event a motor vehicle is left unattended within the right-of-way of a “public highway” or state highway, or any state-maintained street, road or bridge and is determined to be a safety hazard within the discretion of the Department of Safety and Homeland Security, the Department of Transportation, the State Police or any authorized police agency, said vehicle shall be towed to a storage area designated by the Department of Safety and Homeland Security and the provisions of this chapter shall apply.
21 Del. C. § 3214 — Delaware Code / Title 21 / Chapter 32 / Section 3214
§ Â
        3214. Judicial relief.
Status: in_force

(a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court:

(1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 3208 of this title or otherwise;

(2) Compel the agent to exercise or refrain from exercising authority in a particular manner or for a particular purpose;

(3) Compel the agent to account for transactions conducted on the principal’s behalf pursuant to § 3212(f) of this title;

(4) Modify, suspend, or revoke the powers of the agent to act under a personal power of attorney, and, if the principal has not designated another agent or successor agent in the personal power of attorney, appoint another agent to act in place of the agent whose powers are modified, suspended, or revoked;

(5) Determine an agent’s liability for violation of the agent’s duties pursuant to § 3212 of this title.

(b) Any of the following persons may file a petition seeking appropriate relief under this section:

(1) The principal or the agent;

(2) The spouse, child, or parent of the principal;

(3) A guardian, trustee, or other fiduciary acting for the principal;

(4) The personal representative, trustee, or a beneficiary of the principal’s estate;

(5) Any other interested person, as long as the person demonstrates to the Court’s satisfaction that the person is interested in the welfare of the principal and has a good faith belief that:

a. The Court’s intervention is necessary; and

b. The principal is incapacitated at the time of filing the petition or otherwise unable to protect that principal’s own interests; or

(6) A person asked to accept a personal power of attorney.

(c) Upon motion by the principal, who shall be presumed to have legal capacity, the Court shall dismiss a petition filed under this section, unless the Court finds that the principal lacks capacity to revoke the agent’s authority or the personal power of attorney.

(d) Nothing in this section shall preclude or diminish the Court’s authority to appoint a guardian or other fiduciary pursuant to Chapter 39 of Title 12, or to order other judicial relief, in order to grant appropriate relief upon review of a personal power of attorney or an agent’s conduct with respect to a personal power of attorney.

(e) Nothing in this section shall preclude the Department of Health and Social Services, the Public Guardian, or other governmental agency having authority to protect the welfare of the principal from petitioning the Court for access to the principal or to records necessary to determine, or terminate, possible abuse, neglect, exploitation or abandonment of the principal.
21 Del. C. § 4195 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4195
§ Â
        4195. Clinging to vehicles.
Status: in_force

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached to any vehicle upon a highway.
21 Del. C. § 8603 — Delaware Code / Title 21 / Chapter 86 / Section 8603
§ Â
        8603. Insurance coverage during car sharing period.
Status: in_force

(a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than the minimum limits set forth in § 2118 of this title.

(b) Notwithstanding the definition of “car sharing termination time” as set forth in § 8602 of this title, the assumption of liability under subsection (a) of this section does not apply to any shared vehicle owner in either of the following circumstances:

(1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.

(2) A shared vehicle owner acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of car sharing program agreement.

(c) Notwithstanding the definition of “car sharing termination time” as set forth in § 8602 of this title, the assumption of liability under subsection (a) of this section would apply to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses required by § 2118 of this title.

(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts set forth in § 2118 of this title and does 1 of the following:

(1) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program.

(2) Does not exclude use of a shared vehicle by a shared vehicle driver.

(e) The insurance described under subsection (d) of this section may be satisfied by motor vehicle liability insurance maintained by any of the following:

(1) A shared vehicle owner.

(2) A shared vehicle driver.

(3) A peer-to-peer car sharing program.

(4) Any combination of a shared vehicle owner, a shared vehicle driver, or a peer-to-peer car sharing program.

(f) The insurance described in subsection (e) of this section that is satisfying the insurance requirement of subsection (d) of this section shall be primary during each car sharing period. In the event that a claim occurs during the car sharing period in another state with minimum financial responsibility limits higher than those set forth in § 2118 of this title, the coverage maintained under subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.

(g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under subsection (d) or (e) of this section shall assume primary liability for a claim in either of the following circumstances:

(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by § 8606 of this title.

(2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under § 8602(5) of this title.

(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (e) of this section has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by subsection (d) of this section beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as set forth in subsection (b) of this section.

(i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim.

(j) Nothing in this section does either of the following:

(1) Limits the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.

(2) Limits the ability of the peer-to-peer car sharing program to, by contract, 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.
21 Del. C. § 2746 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2746
§ Â
        2746. Persons qualified to administer tests.
Status: in_force

Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health-care facility, acting at the request of a police officer, may withdraw blood from a person submitting to a chemical test under this subchapter. This limitation shall not apply to obtaining a specimen of breath or urine as to which qualified personnel shall include a police officer as well as the above personnel. Notwithstanding any other provision of law to the contrary, it shall not be necessary in any proceeding under this Code to produce evidence that a person who has withdrawn blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn blood from a person pursuant to this section in order to establish chain of physical custody of such evidence.
21 Del. C. § 712 — Delaware Code / Title 21 / Chapter 7 / Section 712
§ Â
        712. Uniform Traffic Complaint and Summons.
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, a Uniform Traffic Complaint and Summons may be issued electronically or in written form. The office may sign the Uniform Traffic Complaint and Summons using an electronic and/or a written signature.

(b) Whenever a person is detained for commission of an offense under this title or § 5211(a) of Title 30, the arresting officer shall verify the driver’s identification and shall enter identification information from the driver’s license in the Uniform Traffic Complaint and Summons; specify on the Uniform Traffic Complaint and Summons the amount of the fine and whether it may be made by voluntary assessment or whether appearance at the court is required; give a copy to the arrested person; and release such person from custody.

(c) The printed copy of an electronically issued Uniform Traffic Complaint and Summons shall contain a conspicuous statement of the total number of charges on the first page and shall list each individual charge. All charges based on the same arrest shall be issued on the same electronically issued Uniform Traffic Complaint and Summons unless evidence necessitates the subsequent issuance of a warrant.

(d) The Uniform Traffic Complaint and Summons shall be delivered forthwith from the time of arrest to the voluntary assessment center or to the court to which the summons is returnable. The electronic Uniform Traffic Complaint and Summons shall be available for immediate entry in the DELJIS system or its successor.

(e) When a Uniform Traffic Complaint and Summons is issued electronically, any printout or other output readable by sight shall be an original except that once a ticket is sworn to prior to trial, the signed and sworn to ticket shall be the original from that point forward.
21 Del. C. § 7001 — Delaware Code / Title 21 / Chapter 70 / Section 7001
§ Â
        7001. Stopping, standing or parking in fire lanes; penalty.
Status: in_force

(a) No person shall stop, stand or park a vehicle in any place which has been designated and properly identified as a fire lane wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder and where official traffic control devices prohibit stopping, standing or parking or in an area designated for a fire hydrant, standpipe or sprinkler connection, except in compliance with the directions of a police officer or traffic control device.

(b) Any person authorized to enforce this chapter is hereby authorized to remove or cause to be removed, and stored at the owner’s expense, any unattended vehicle left standing wholly or partially within a fire lane or any unattended vehicle left standing in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant or standpipe connection.

(c) The State Fire Marshal and the State Fire Marshal’s deputies shall be authorized to enforce this chapter. Any fire officer in charge of firefighters of a fire company responding to, operating at or returning from a fire, service call or other emergency shall be authorized to enforce this chapter.

(d) This chapter shall apply upon highways and elsewhere throughout the State.

(e) A uniform parking summons may be attached to an unattended vehicle found in violation of this section by any person authorized to enforce this section.

(f) Whoever violates this section shall be assessed a civil penalty not less than $50 or more than $100.

(g) Any violation of this section or any municipal or county ordinance, code or regulation regulating parking in fire lanes shall be subject to a civil penalty only. Such violation shall not be classified as a criminal offense, shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006, and shall not be made a part of the operating record of the person upon whom such civil penalty is imposed.

(h) Justice of the Peace Courts shall have jurisdiction of offenses under this section.
21 Del. C. § 4109 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4109
§ Â
        4109. Pedestrian-control signals.
Status: in_force

Whenever special pedestrian-control signals exhibiting the words or symbols “Walk” or “Don’t Start” or “Don’t Walk” are in place, such signals shall take precedence over pedestrian movements outlined in § 4108 of this title. Such signals shall apply as follows:

(1) “Walk” or flashing “Walk”. —

Pedestrians facing such signals may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the driver of all vehicles.

(2) “Don’t Walk” or flashing “Don’t Walk” or “Don’t Start”. —

No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed crossing on the walk signal shall proceed to the nearest sidewalk or safety island.
21 Del. C. § 2119 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2119
§ Â
        2119. Requirement of compliance for all commercial registrations by corporations and other legal entities.
Status: in_force

(a) No vehicle shall be registered or reregistered as a “commercial” vehicle under this chapter until the Division of Motor Vehicles has verified a legal entity’s good standing with the Delaware Secretary of State and compliance with Title 30, including proof of a valid occupational or business license.

(b) The Secretary of the Department of Transportation in conjunction with the Secretary of the Department of Finance shall promulgate such requirements of proof as they shall deem necessary for the administration and implementation of subsection (a) of this section.
21 Del. C. § 3207 — Delaware Code / Title 21 / Chapter 32 / Section 3207
§ Â
        3207. When the personal power of attorney is effective.
Status: in_force

A personal power of attorney is effective when executed.
21 Del. C. § 4707 — Delaware Code / Title 21 / Chapter 47 / Section 4707
§ Â
        4707. Adoption of federal requirements â Amendment of 49 C.F.R. Part 395.
Status: in_force

(a) Amend 49 C.F.R. § 395.3(b) by striking the word “No” as it appears as the first word thereof, and by substituting in lieu thereof the phrase, “Unless an emergency waiver is issued by the Director of the Delaware Emergency Management Agency, to assist with energy supply deliveries such as heating oil and liquefied petroleum gas, no.”

(b) Amend 49 C.F.R § 395.1(n) by adding the following new sentences: “Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.”

(c) Amend 49 C.F.R. § 395.1(n) by adding the following new sentences: “Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.”
21 Del. C. § 8111 — Delaware Code / Title 21 / Chapter 81 / Subchapter II / Section 8111
§ Â
        8111. Definitions.
Status: in_force

As used in this chapter and in the compact with reference to this State:

(1) “Compact administrator” means the Secretary of Transportation.

(2) “Executive head” means the Governor.

(3) “Licensing authority” means the Department of Transportation.
21 Del. C. § 6419 — Delaware Code / Title 21 / Chapter 64 / Section 6419
§ Â
        6419. Documents acceptable as odometer disclosure statements.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, any Delaware certificate of title issued which includes the odometer disclosure information, as prescribed by this chapter, shall satisfy all the requirements for issuance of odometer disclosure statements by dealers licensed in the State.

(b) Nothing in this section shall exempt a dealer and/or dealership from complying with the provisions of § 6418 of this title.

(c) Any manufacturer’s statement of origin accompanying an “original application for a Delaware certificate of title” shall satisfy the requirements of the odometer disclosure statement as provided in this chapter.
21 Del. C. § 4709 — Delaware Code / Title 21 / Chapter 47 / Section 4709
§ Â
        4709. Fines, penalties, voluntary assessments.
Status: in_force

(a) Any person, driver or motor carrier who violates any subpart of this chapter, or fails to do any act required by any subpart in this chapter or does any act forbidden in this chapter or subpart of the Code of Federal Regulations hereby adopted, upon conviction thereof, shall be sentenced to pay a fine for each violation of not less than $28.75 nor more than $115, or imprisonment for not more than 30 days or both. Any such person, driver or motor carrier committing a second or subsequent offense within 2 years upon conviction thereof shall be sentenced to pay a fine of not less than $115 nor more than $575 or imprisonment for not less than 60 days nor more than 1 year, or both.

(b) Section 709 of this title shall be applicable to this chapter.
21 Del. C. § 6702 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6702
§ Â
        6702. Driving vehicle without consent of owner.
Status: in_force

(a) No person shall drive another person’s vehicle without the consent of the owner thereof, and with intent temporarily to deprive the owner of possession of such vehicle, but without intent to steal the vehicle. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.

(b) Whoever violates this section shall be fined not less than $115 nor more than $575, or imprisoned not more than 90 days, or both; for each subsequent like offense the person shall be fined not less than $230 and imprisoned for not less than 30 days nor more than 2 years.
21 Del. C. § 8605 — Delaware Code / Title 21 / Chapter 86 / Section 8605
§ Â
        8605. Exclusions in motor vehicle liability insurance policies.
Status: in_force

(a) An authorized insurer that writes motor vehicle liability insurance in the State may exclude any and all coverage beyond the minimum requirements contained in this title and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including any of the following:

(1) Liability coverage for bodily injury and property damage.

(2) Personal injury protection coverage as described in § 2118 of this title.

(3) Uninsured and underinsured motorist coverage.

(4) Comprehensive physical damage coverage.

(5) Collision physical damage coverage.

(b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire, or for any business use.

(c) Nothing in this chapter invalidates, limits, or restricts an insurer’s ability under existing law to underwrite any insurance policy, or to cancel and non-renew policies.
21 Del. C. § 4175 — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4175
§ Â
        4175. Reckless driving.
Status: in_force

(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property.

(b) No person shall drive any vehicle on a public roadway at a speed of 90 miles an hour or more.

(c) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court’s record that the offense was alcohol-related or drug-related and such notation shall be carried on the violator’s motor vehicle record.

(d) Whoever violates subsection (b) of this section shall, unless suspended by the court:

(1) For a first offense, be fined not less than $150 nor more than $300, or be required to complete a traffic safety course approved by the Division of Motor Vehicles, or both.

(2) For a second offense committed within 3 years of a prior offense, be fined not less than $300 nor more than $800, or be required to perform at least 10 but not more than 30 hours of community service picking up litter along a public roadway, or both.

(3) For a third offense committed within 3 years of 2 prior offenses, be fined not less than $500 nor more than $1000, or be required to perform at least 30 but not more than 90 hours of community service picking up litter along a public roadway, or both.
21 Del. C. § 4352 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4352
§ Â
        4352. Number of driving lamps required or permitted.
Status: in_force

(a) At all times specified in § 4331 of this title, at least 2 lighted lamps shall be displayed, 1 on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.

(b) Whenever a motor vehicle equipped with head lamps as required in this subchapter is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of 4 of any such lamps on the front of a vehicle shall be lighted at any 1 time when upon a highway.
21 Del. C. § 6411 — Delaware Code / Title 21 / Chapter 64 / Section 6411
§ Â
        6411. Power of attorney to review title documents and acknowledge disclosure.
Status: in_force

(a) In circumstances where part A of a secure power of attorney form has been used pursuant to § 6410 of this title, and if otherwise permitted by State law, a transferee may give a power of attorney to the transferor to review the title and any reassignment documents for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the title. The power of attorney shall be on part B of the form referred to in § 6410(a) of this title, which shall contain a space for the information required to be disclosed under subsections (b)-(e) of this section and, in part C, a space for the certification required to be made under § 6412 of this title.

(b) The power of attorney must include a mileage disclosure from the transferor to the transferee and must be signed by the transferor, including the printed name, and contain the following information:

(1) The odometer reading at the time of transfer (not to include tenths of miles);

(2) The date of transfer;

(3) The transferor’s name and current address;

(4) The transferee’s name and current address; and

(5) The identity of the vehicle, including its make, model year, body type and vehicle identification number.

(c) In addition to the information provided under subsection (b) of this section, the power of attorney form shall refer to the federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the State may result in a fine and/or imprisonment. Reference may also be made to applicable State law.

(d) In addition to the information provided under subsections (b) and (c) of this section:

(1) The transferor shall certify that to the best of the transferor’s knowledge the odometer reading reflects the actual mileage;

(2) If the transferor knows that the odometer reading reflects mileage in excess of the designed mechanical odometer limit, the transferor shall include a statement to that effect; or

(3) If the transferor knows that the odometer reading differs from the mileage and the difference is greater than that caused by a calibration error, the transferor shall include a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

(e) The transferee shall sign the power of attorney form, and print the transferee’s name.

(f) The transferor shall give a copy of the power of attorney form to the transferee.
21 Del. C. § 6831 — Delaware Code / Title 21 / Chapter 68 / Section 6831
§ Â
        6831. Penalties.
Status: in_force

A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter.

(1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of the OHV at the time of conviction.

(2) For a subsequent offense that occurs within 24 months of a prior conviction of this chapter or of a similar off-highway vehicle state or local law, statute, or ordinance, a fine of $400 and impoundment for a mandatory minimum time period of 6 months, at the expense of the owner, of the OHV at the time of conviction.

(3) In addition to impoundment of an OHV upon conviction, a uniformed police, peace, or environmental protection officer acting in the lawful performance of duty may have an OHV towed and impounded if that law-enforcement officer has probable cause to believe that the OHV was used in violation of this chapter.
21 Del. C. § 4176B — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4176B
§ Â
        4176B. Cell phone use by school bus drivers; penalties.
Status: in_force

(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such vehicle is transporting 1 or more children; provided, that this section shall not apply to communications made to and from a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning 2-way radio.

(b) For the purposes of this section, “cell telephone” means a cellular, analog, wireless or digital telephone.

(c) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent offense the person shall be fined not less than $100 nor more than $200 and shall have that person’s school bus endorsement removed from that person’s driver’s license for a period of at least 6 months.

(d) It is an affirmative defense to prosecution under this section that the driver’s use of a cell telephone was necessitated by a bona fide emergency.
21 Del. C. § 2139CC — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139CC
§ Â
        2139CC. Special license plates veterans of World War II.
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 World War II veteran registration number; provided, however, that the owner of the vehicle must possess and present official documentation which indicates that the owner is a World War II veteran.

(2) This section applies only to the following:

a. A private passenger vehicle; or

b. A truck with a ¾-ton or less manufacturer’s rated capacity.

(b) 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 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 purpose of promoting the sale of the plate and administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

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

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

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate. 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. § 6811 — Delaware Code / Title 21 / Chapter 68 / Section 6811
§ Â
        6811. Vehicle identification number.
Status: in_force

(a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identification number shall be entered on the registration certificate issued by the Department to the OHV owner.

(b) Possession of an OHV with an intentionally altered, defaced, or obliterated vehicle identification number is punishable by the penalties in § 6831 of this title.