21 Del. C. § 4502 — Delaware Code / Title 21 / Chapter 45 / Section 4502
§ Â
        4502. Size and weight of vehicles except on interstate highways, federal-aid primary system highways and United States numbered routes.
Status: in_force

(a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all roads, streets and highways within this State.

(b) (1) No vehicles, including any load thereon, shall exceed a total outside width of 8 feet 6 inches.

(2) No vehicles, including any load thereon, shall exceed a height of 13 feet 6 inches.

(3) No single motor vehicle, including any load thereon, shall exceed 40 feet in length, and no combination of vehicles, including the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section.

a. A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet exclusive of the overhang of the transported vehicles.

b. Buses shall not exceed 45 feet in length.

c. Piling and pole trailers and vehicles or combinations or vehicles engaged in the transportation of steel beams, pipes, angles channels and other lengths of steel, or other metals, or other articles impossible of dismemberment shall not exceed 70 feet.

(4) Notwithstanding paragraph (b)(1) or (3) of this section:

a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights which are integral to the construction of the vehicle, installed by the vehicle’s manufacturer or dealer, and do not extend more than 6 inches wider on each side of the vehicle; provided however, that such vehicles permissibly exceeding the 102-inch width limit with its attached equipment or appurtenances shall only be operated:

1. On roadways having travel lanes at least 11 feet in width, unless prohibited by the Department of Transportation or by a municipality based on safety reasons and marked with signs prohibiting such vehicles; or

2. On any roadway of the State when such a vehicle is being operated between a roadway permitted under paragraph (b)(4)a.1. of this section and:

A. The location where the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper is garaged; or

B. The destination of the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper; or

C. A facility for food, fuel, repair, services or rest.

b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and

c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.

(c) (1) A vehicle equipped with 2 axles, having each of the 2 axles equipped with 2 hubs, with a power brake on each hub, may not exceed a total gross weight of 40,000 pounds or manufacturer’s gross vehicle weight rating, whichever is less.

(2) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall not exceed a total gross weight of 65,000 lbs. or the manufacturer’s gross vehicle weight rating, whichever is less; notwithstanding the above, and as limited in § 2105 of this title, it shall be lawful to operate such a vehicle to and from any construction site located in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate such a vehicle containing agricultural products when the gross weight, including vehicle and load, does not exceed 70,000 lbs.; provided that vehicles utilizing the above exception shall pay a fee of $100 per vehicle at the time of registration for this extra weight capacity.

(3) A vehicle equipped with 4 axles, having each of the rear axles equipped with 2 hubs, with a power brake on each rear hub, shall not exceed a total gross weight of 73,280 pounds or manufacturer’s gross vehicle weight rating whichever is less.

(4) The total gross weight of a combination tractor and semitrailer having a total of 3 axles shall not exceed 60,000 lbs. or combined manufacturer’s gross vehicle weight rating whichever is less.

(5) The total gross weight of a combination tractor and semitrailer having a total of 4 axles shall not exceed 70,000 lbs. or combined manufacturer’s gross vehicle weight rating whichever is less.

(6) Except as otherwise provided in paragraphs (c)(6)a. or (c)(6)b. of this section, the total gross weight of a combination tractor and semitrailer having a total of 5 or more axles may not exceed 80,000 lbs. or combined manufacturer’s gross vehicle weight rating, whichever is less.

a. For a live-haul poultry truck traveling less than 150 miles from the farm to the plant, the total gross weight, including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles may not exceed 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less. However, such a live-haul poultry truck may exceed the established weight limit by no more than 3% to account for variations in bird weight due to bird size, moisture retention caused by precipitation, or other unanticipated conditions. For the established weight limit and associated 3% variance to apply to a live-haul poultry truck, the following conditions must exist:

1. The live-haul poultry truck must be subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

2. The live-haul poultry truck must adhere to all bridge weight limits.

3. The live-haul poultry truck must not use the interstate highway system.

4. The axles on a live-haul poultry truck must be a minimum of 96 inches apart no later than May 8, 2015.

b. For a truck hauling farm produce grown in this State and traveling from the farm on which the farm produce is grown to a location at which the farm produce is to be processed or stored, or from a location at which the farm produce is processed or stored to an export facility within this State, the total gross weight, including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles may not exceed 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less.

1. For purposes of this paragraph (c)(6)b., “farm produce” means fruits, vegetables, or commodity grains.

2. This paragraph (c)(6)b. applies to a truck hauling farm produce if all of the following conditions are met:

A. The truck hauling farm produce is subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

B. The truck hauling farm produce adheres to all bridge weight limits.

C. The axles on a truck hauling farm produce must be a minimum of 96 inches apart.

D. The truck hauling farm produce does not use the interstate highway system.

(7) Except as otherwise provided herein, for single unit vehicles, no axle load shall exceed 22,400 pounds. With respect to any single unit vehicle, the maximum gross weight between any 3 consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 144 inches and not less than 60 inches apart when measured horizontally between their center lines, shall not exceed 60,000 lbs. With respect to any single unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 96 inches and not less than 40 inches apart when measured horizontally between their center lines, shall not exceed 40,000 pounds. With respect to any single unit vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed 22,400 pounds.

(8) Except as otherwise provided herein, for combination unit vehicles, no axle load shall exceed 22,400 pounds. With respect to any combination unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the pavement and which have wheels spaced between 96 inches and not less than 40 inches apart, measured horizontally between their center lines, shall not exceed 36,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed 22,400 pounds. With respect to any combination vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000 pounds.

(9) Farm operations. — Notwithstanding the other provisions of this section, the following applies to vehicles registered as (i) farm trucks or (ii) registered commercial motor vehicles that are controlled or operated by a farmer and while used in the operation of a farm. For these vehicles, no single axle load shall exceed 22,400 pounds, and with respect to any vehicle equipped with coupled axles spaced less than 48 inches apart measured horizontally between their center lines, the combined weight on the coupled axles shall not exceed 20,000 pounds and, with respect to a vehicle equipped with coupled axles spaced 48 inches or more apart measured horizontally between their center lines, the combined weight on the coupled axle shall not exceed 40,000 pounds. Furthermore, any farm loaded truck or farm vehicle carrying harvested products or livestock may exceed the weight limits established under this subsection by no more than 3 percent.

(10) Whenever the total gross weight permitted in any provisions of this section exceeds the total gross weight permitted as calculated pursuant to paragraph (c)(7) of this section, paragraph (c)(7) of this section shall be void.

(d) The Secretary of the Delaware Department of Transportation may, on the basis of engineering and/or traffic investigations, determine that any road, street, or highway under the jurisdiction of the Department of Transportation is not of sufficient width to accommodate vehicles otherwise permitted by this section and may thereafter prohibit vehicles of an otherwise permissible width from operation on such road, street or highway.
21 Del. C. § 3201 — Delaware Code / Title 21 / Chapter 32 / Section 3201
§ Â
        3201. Definitions.
Status: in_force

In this chapter:

(1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, concurrent agent, joint agent, successor agent, and a person to which an agent’s authority is delegated.

(2) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity, and satisfying the requirements set forth in § 3203 of this title.

(3) “Durable power of attorney” means a power of attorney that is durable, meeting the requirements of § 3203 of this title.

(4) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(5) “Electronic signature” shall mean the execution of the document by the identified person after appropriate verification of identity of the person executing the document using a verification system acceptable to the Department.

(6) “Good faith” means honesty in fact.

(7) “Incapacity” means inability of an individual to manage the individual’s property or business affairs.

(8) “Limited” means that the power of attorney authorized herein is for the sole purpose of completing all paperwork necessary to accomplish any required action(s) set forth in this title.

(9) “Person” means an individual, corporation, statutory trust, estate, trust, partnership (general or limited), limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity or association.

(10) “Personal power of attorney” means any limited durable power of attorney executed in this State or, if executed other than in this State, specifying that the laws of this State shall govern such power of attorney.

(11) “Power of attorney” means a grant of authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(12) “Principal” means an individual who grants authority to an agent in a power of attorney acting for the individual and not as a fiduciary, officer, employee, representative, agent or official of any legal, governmental, or commercial entity or association.

(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) “Sign” means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic sound, symbol, or process using an electronic program acceptable to the Department.

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
21 Del. C. § 806 — Delaware Code / Title 21 / Chapter 8 / Section 806
§ Â
        806. Payment by voluntary assessment.
Status: in_force

Civil traffic offenses shall be payable by mail to the voluntary assessment center or other applicable entity. The provisions of this chapter shall govern the failure to pay a voluntary assessment for a civil traffic offense.
21 Del. C. § 2124 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2124
§ Â
        2124. Number plates for manufacturers, dealers, and transporters; transit plates for transporters and owners of special construction equipment.
Status: in_force

(a) A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this title may operate or move the same upon the highways when such vehicle is used:

(1) In the motor vehicle business of such manufacturer or dealer; or

(2) For the personal pleasure of such manufacturer or dealer or the members of such person’s family, when operated by such manufacturer or dealer or an immediate member of such person’s family; or, when such manufacturer or dealer is a corporation, for the personal pleasure of not more than 3 officers thereof who are actively engaged in its business, or the members of their families, or for the personal pleasure of the regular employees of such manufacturer, dealer or corporation when operated by such employee; or

(3) For testing such vehicles in the possession of such manufacturer or dealer; or

(4) For demonstrating vehicles in the possession of such manufacturer or dealer.

Such vehicles may be operated by a prospective purchaser, when licensed as an operator or permittee, without registering each such vehicle, upon condition that any such vehicle display thereon, in the manner prescribed by this chapter for regular number plates, a special plate or plates issued to such owner as provided by this section.

(b) The Division of Motor Vehicles shall issue special plates, designated as “in transit” plates or “licensed transporter” plates, to transporters and owners of special construction equipment. All such vehicles moved or operated under this section must comply with Chapter 45 of this title.

(1) In transit plates start with the prefix “CT,” signifying a construction tag under § 2154 of this title. In transit plates may be used to operate or move like vehicles or equipment upon the highways solely for the purpose of delivering or moving such vehicles or equipment to or from the location of any type of construction.

(2) Licensed transporter plates start with the prefix “LT.” Licensed transporter plates may only be issued to approved Delaware licensed transporters who have met all licensing requirements under Chapter 33 of this title. A transporter plate may be used to operate or move an unregistered motor vehicle that is otherwise eligible for registration for operation on the roads of the State or for the delivery of a mobile home. A transporter plate may be used solely for the purpose of delivering such a vehicle or mobile home to or from a location for a purpose authorized by this title. A transporter plate may not be used on any motor vehicle or mobile home that is registered in any state. A transporter plate may not be used on any OHV. A transporter plate may not be used on any mobile equipment or motorized apparatus that is not eligible to be registered within the State. Transporter plates may not be used by anyone other than the approved Delaware licensed transporter, including a licensed Delaware motor vehicle dealer who must use dealer license plates issued to the motor vehicle dealer for moving motor vehicles in the dealer’s inventory. Transporter plates may not be used for purposes under paragraph (a)(2), (a)(3), (a)(4), or subsection (i) of this section.

(c) This section shall not apply to work or service vehicles owned by a manufacturer or dealer.

(d) Every manufacturer, transporter or dealer shall keep a written record of the vehicles upon which such special plates are used and the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any police officer or any officer or employee of the Department.

(e) No manufacturer or transporter of or dealer in motor vehicles, trailers or semitrailers shall cause or permit any such vehicle owned by such person to be operated or moved upon a public highway without the same being registered in accordance with this title and without there being displayed thereon a number plate or plates and a registration plate or plates, as provided by this title, except as otherwise authorized by this section.

(f) Any manufacturer or retail dealer as defined in Chapter 63 of this title may make application to the Department upon the appropriate form for a certificate and for 1 or more pairs of special plates or single special plates as are appropriate to various types of vehicles of the types subject to registration hereunder. The applicant shall also submit such proof of such applicant’s status as a bona fide manufacturer or retail dealer as may be required by the Department. Dealer license plates will be limited to retail dealerships based on the number of vehicles sold per year. Retail dealers selling 5 to 10 vehicles per year may obtain no more than 1 dealer plate; retail dealers selling 11-25 vehicles per year may obtain no more than 2 dealer plates; retail dealers selling 26-49 vehicles per year may obtain no more than 4 dealer plates; retail dealers selling 50-99 vehicles per year may obtain no more than 20 dealer plates; retail dealers selling 100 or more vehicles per year may obtain any number of dealer plates at the retail dealer’s discretion. Wholesale dealers selling 5 to 10 vehicles per year may obtain no more than 1 dealer plate; wholesale dealers selling 11-25 vehicles per year may obtain no more than 2 dealer plates; wholesale dealers selling 26-49 vehicles per year may obtain no more than 4 dealer plates; wholesale dealers selling 50 or more vehicles per year may obtain no more than 20 dealer plates.

(g) Delaware licensed transporters that transport fewer than 10 vehicles or mobile homes per year may obtain no more than 3 transporter plates. Delaware licensed transporters that transfer 10 or more vehicles or mobile homes per year may obtain a maximum of 5 transporter plates.

(h) The Department, upon approving any such application, shall issue to the applicant a certificate containing the applicant’s name and address and other appropriate information.

(i) The Department, upon approving any such application, shall also issue special plates of a design, size, material and color determined by the Department. Each plate or pair of plates so issued, however, shall contain a number or symbol distinguishing the same from other plates issued under this chapter.

(j) Notwithstanding this section, the Department upon approving an application filed by a licensed automotive recycler may issue 1 or more special plates as provided for in subsection (a) of this section.

(k) Dealer plates may be transferred from 1 dealer to another by completing a seller’s affidavit to transfer a dealer tag or tags and submitting it with the appropriate fee. The seller’s affidavit shall include the seller’s and buyer’s names, the plate number and the date of the transfer. A dealer may not acquire more plates than they are otherwise permitted by subsection (f) of this section.

(l) All special plates issued hereunder shall expire at midnight on December 31 of each year and may be extended for the ensuing year by the person to whom such plates were issued upon application to the Department and payment of the fees provided by this title.
21 Del. C. § 2140 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140
§ Â
        2140. Special registration plates for members of nonprofit organizations [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) The owner of a motor vehicle described in subsection (b) of this section who is a member of a nonprofit organization considered eligible by the Division of Motor Vehicles may apply to the Division for the assignment of a special registration plate for such vehicle.

(b) This section applies only to:

(1) A passenger vehicle;

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

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

(c) The applicant must submit acceptable proof, as required by the Division, that the applicant is a member in good standing or is otherwise eligible for the issuance of such special plate.

(d) No fee in addition to the regular annual registration fee required by this title is required. However, upon the initial application for a special plate issued pursuant to this section, a 1-time administrative fee of $10 shall be assessed.

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

(f) The nonprofit organization must pay a 1-time setup fee of $200 to the Division to establish the special plate.

(g) At least 200 applications for special plates must be received from a specific organization before the Division of Motor Vehicles will approve the issuance. However, the minimum number of 200 does not apply to any of the following:

(1) Survivors of Pearl Harbor.

(2) Members of university or high school alumni associations, provided that at least 25 applications for special plates must be received from members of a given university or high school alumni association before the Division of Motor Vehicles will approve the issuance of special plates for that particular university or high school alumni association.

(3) Retired Delaware police officers.

(4) Members of Delaware Nur Temple and the Service Alumni Association, provided that at least 100 applications for special plates must be received from members before the Division of Motor Vehicles will approve the issuance of the special plate.

(5) Members of the Marine Corps League and Delaware Veterans of World War 2 Inc. provided that at least 100 applications for special plates must be received from members before the Division of Motor Vehicles will approve the issuance of the special plate.

(6) Members of the Order of Eastern Star, Knights of Columbus, the Telephone Pioneers of America, Lions Club International, and the Senior Olympics, provided that at least 100 applications for special plates must be received from members of any of the said organizations before the Division of Motor Vehicles will approve the issuance of a special plate for that organization, except for the Telephone Pioneers of America who must have a minimum of 75 applications for special plates before the Division of Motor Vehicles will approve the issuance of a special plate for the organization.

(7) Members of “Fraternal Order of Firemen Wilmington Retired Firefighters,” provided that at least 50 applications for special plates must be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.

(8) Members of the “USSVI, Mid-Atlantic Base,” the U.S. Submarine Veterans, Inc., organization, provided that at least 35 applications for special plates be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.

(9) Members of the “Buffalo Soldiers Motorcycle Club of Delaware,” provided that at least 25 applications for special plates must be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.

(10) Members of “atTAcK addiction,” provided that at least 50 applications for special plates must be received from members of the organization before the Division of Motor Vehicles will approve the issuance of the special plate.

(h) The numbers and letters assigned to these special plates must be such that they can be integrated with the Division’s computerized vehicle registration records.

(i) The Division of Motor Vehicles may refuse to issue special registration plates when it is deemed not in the best interest of the State.

(j) Upon receipt by the Department of information that the individual to whom the special plate has been issued pursuant to paragraph (g)(1), (g)(5), or (g)(8) of this section 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.

(k) The Department upon receipt of any official correspondence from the organization advising that the individual to which a special plate has been issued is no longer affiliated with such organization such special plate shall be forfeited and/or revoked immediately.

(l) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4155 — Delaware Code / Title 21 / Chapter 41 / Subchapter VI / Section 4155
§ Â
        4155. Turning movements and required signals.
Status: in_force

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 4152 of this title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway or turn so as to proceed in an opposite direction unless and until such movement can be made with safety without interfering with other traffic. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

(b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last 300 feet or more than 1/2 mile traveled by the vehicle before turning.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(d) The signals provided for in § 4156 of this title shall be used to indicate an intention to turn, change lanes or start from a parked position and shall not be flashed on 1 side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear.
21 Del. C. § 2198 — Delaware Code / Title 21 / Chapter 21 / Subchapter VII / Section 2198
§ Â
        2198. Inspection.
Status: in_force

(a) A motor vehicle registered as an antique motor vehicle shall be exempt from annual inspection. A motor vehicle must pass an initial inspection prior to the motor vehicle being registered as an antique motor vehicle. Motor vehicles registered as antique motor vehicles shall be provided EXEMPT validating stickers in lieu of the usual expiration date stickers upon passing the initial inspection.

(b) A motor vehicle registered as a street rod shall be exempt from annual inspection. A street rod must pass an initial inspection as prescribed in § 2197(f) of this title (street rod requirements), prior to the motor vehicle being registered as a street rod.

(c) A vehicle registered as a unique vehicle, which includes a vehicle assigned a unique unregistered vehicle title, is exempt from annual inspection. A unique vehicle must pass an initial inspection prior to being registered as a unique vehicle. A vehicle registered as a unique vehicle shall be provided EXEMPT validating stickers in lieu of the usual expiration date stickers upon passing the initial inspection.
21 Del. C. § 2802 — Delaware Code / Title 21 / Chapter 28 / Section 2802
§ Â
        2802. âHabitual offenderâ defined.
Status: in_force

An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses described in paragraph (1) of this section during a 5-year period or paragraph (2) of this section during a 3-year period, provided, that where more than 1 included offense shall be committed within a 24-hour period, such multiple offenses shall be treated for the purposes of this chapter as 1 offense:

(1) Three or more convictions. — Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

a. Manslaughter resulting from the operation of a motor vehicle;

b. Using a motor vehicle during the commission of a felony;

c. Driving or having actual physical control of a motor vehicle while under the influence of intoxicating liquor or of any drug, in violation of § 4177 of this title;

d. Driving a motor vehicle without a license to do so, in violation of § 2701(a), (b) or (c) of this title. Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2701(b) of this title was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then that violation of § 2701(b) of this title may not be considered to establish habitual offense status pursuant to this paragraph (1)d.;

e. Driving a motor vehicle during a period of suspension or revocation, in violation of § 2756 of this title. Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2756 of this title was because the individual’s driver’s license was suspended or revoked for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then such violation of § 2756 of this title may not be considered to establish habitual offense status pursuant to this paragraph (1)e.;

f. Driving a motor vehicle in wilful or wanton disregard for the safety of persons or property, in violation of § 4175 of this title;

g. Failure of the driver of a motor vehicle involved in an accident resulting in apparent damage to property to stop at the scene of such accident and report the driver’s identity in violation of § 4201 of this title or otherwise report such accident, in violation of § 4203 of this title;

h. Failure of the driver of a motor vehicle involved in any accident resulting in injury or death to any person to stop at the scene of such accident and report the driver’s identity in violation of § 4202 of this title;

i. Knowingly making any false affidavit or swearing or affirming falsely to any manner or thing required by the motor vehicle laws or as to information required in the administration of such laws;

j. Attempting to flee or elude a police officer after having received a visual or audible signal from the police officer as provided in § 4103(b) of this title;

k. Driving any motor vehicle upon the highways of this State contrary to the restrictions placed upon an occupational license during the period of such occupational license as provided in § 2733(i) of this title.

(2) Ten or more convictions. — Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle which are required to be reported to the Department and the commission whereof authorizes the Division or the court to suspend or revoke the privilege to operate motor vehicles on the highways of this State for a period of 30 days or more for each offense and such convictions shall include those offenses enumerated in paragraph (1) of this section when taken with and added to those offenses described.

(3) Inclusions. — The offenses included in paragraphs (1) and (2) of this section shall be deemed to include offenses under any federal law, any law of another state or any valid town, city or county ordinance of another state substantially conforming to a state statutory provision.

(4) Conviction. — For the purpose of this chapter, the term “conviction” shall mean a final conviction, a plea of guilty or a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated.
21 Del. C. § 4198A — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198A
§ Â
        4198A. Turn and stop signals.
Status: in_force

(a) A person operating a bicycle shall give hand and arm signals as follows:

(1) Left turn. — Left hand and arm extended horizontally and to the left side of the bicycle.

(2) Right turn. — Right hand and arm extended horizontally and to the right side of the bicycle or the left hand and arm extended upward.

(3) Stop or decrease speed. — Left hand and arm extended downward from the left side of the bicycle.

(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.
21 Del. C. § 4306 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4306
§ Â
        4306. Horns and other sound devices; unlawful use.
Status: in_force

(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.

(b) Except as otherwise provided, no vehicle shall be equipped with and no person shall use upon a vehicle any siren, exhaust, compression or spark plug whistle. The driver of a vehicle shall, when reasonably necessary to insure safe operation, give audible warning with the horn but shall not otherwise use the horn for any other purpose. No driver of any vehicle shall use a horn:

(1) To make unreasonably loud or harsh sound;

(2) When stationary; or

(3) When passing an animal-drawn vehicle or bicycle under normal conditions where no imminent danger of a collision exists.

(c) No person operating or occupying a motor vehicle on any street, highway, alley, or parking lot shall operate or permit the operation of any music amplification system, including, but not limited to, any radio, tape player, compact disc player, or any other electrical device used for the amplification of music in or on the motor vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle. For the purpose of this subsection, “plainly audible” means any sound which clearly can be heard by unaided hearing faculties, however, words or phrases need not be discernible and bass reverberation alone shall be sufficient to so constitute.

(d) Subsection (c) of this section shall not apply to those in a parade which has been issued a permit nor to commercially licensed vendors in the legitimate operation of their businesses.

(e) Subsection (c) of this section shall not apply to any municipality of this State with a population in excess of 50,000 which has an ordinance addressing noise violations of that type. In the event that any such municipality repeals its ordinance without substituting requirements at least as restrictive as those found in subsection (c) of this section, then the provisions of subsection (c) of this section shall take effect within that municipality.
21 Del. C. § 2732 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2732
§ Â
        2732. Mandatory revocation or suspension of license or refusal to renew or issue a duplicate license.
Status: repealed

(a) The Department shall forthwith revoke the license or driving privileges or both of any person upon receiving a record of the conviction, or adjudication of delinquency by Family Court for acts which would constitute such an offense if committed by an adult, of such person of any of the following crimes:

(1) a. Upon a conviction of manslaughter, under § 632 of Title 11, if the manslaughter resulted directly from the use of a motor vehicle, or upon conviction of vehicular homicide first degree, pursuant to § 630A of Title 11, the license or driving privileges or both of the person so convicted shall be revoked for a period of 4 years.

b. Upon a conviction of vehicular homicide second degree, pursuant to § 630 of Title 11, or upon a conviction for criminally negligent homicide if the homicide resulted directly from the use of a motor vehicle, the license or driving privileges or both of any person so convicted shall be revoked for a period of 3 years.

(2) a. Upon conviction for assault first degree, pursuant to § 613 of Title 11 or assault second degree, pursuant to § 612 of Title 11, if the assault resulted directly from the use of a motor vehicle or upon a conviction of vehicular assault first degree, pursuant to § 629 of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 2 years.

b. Upon conviction for vehicular assault second degree, pursuant to § 628A of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 1 year.

(3) Driving a vehicle while under the influence of intoxicating liquor or narcotic drug; provided that upon successful graduation from the Superior Court’s Veterans’ Treatment Court or upon successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program the revocation may be rescinded.

(4) Perjury or the making of a false affidavit to the Department under this chapter or any other law of this State requiring the registration of motor vehicles or regulating their operation on highways.

(5) Any crime punishable as a felony under the motor vehicle laws of this State or any other felony in the commission of which a motor vehicle is used.

(6) Conviction or forfeiture of bail upon 3 charges of reckless driving all within the preceding 12 months; but no license shall be revoked by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title.

(7) A conviction of a driver of a motor vehicle involved in an accident resulting in the death or injury of another person upon a charge of failing to stop and disclose the driver’s identity at the scene of the accident.

(8) A conviction of attempting to flee or elude a police officer after having received a visual or audible signal from the officer as provided in § 4103(b) of this title.

(b) On receiving a record of the failure to timely complete a course of instruction under § 4175A or § 4177D of this title, the Department or its successor, shall do all of the following:

(1) If the convicted person is a resident of this State, forthwith suspend the convicted person’s license until the court finds that the person has completed the necessary course of instruction and paid all applicable course fees.

(2) If the convicted person is a nonresident of this State, forthwith suspend the convicted person’s driving privileges in this State and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted person has failed to timely complete a course of instruction under § 4175A or § 4177D of this title, and requesting that the convicted person’s license to drive be suspended until the court finds that the person has completed the necessary course of instruction and paid all applicable course fees.

(c) The Division shall forthwith revoke the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to § 1009 of Title 10.

(d) Upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services pursuant to § 2216 of Title 13 regarding the suspension of a license because of such person’s child support delinquency, the Department shall forthwith suspend such person’s commercial driver license or license to operate a motor vehicle. The provisions of §§ 516(g) and 2216 of Title 13 shall supersede any provisions of this title to the contrary with respect to any matter relating to the denial or suspension of a license under § 516(g) or § 2216 of Title 13. The Department shall create and maintain a record showing a suspended driving status for a person whose license is suspended pursuant to this subsection. A license so suspended shall remain suspended until the person obtains written certification from the Family Court or the Director of the Division of Child Support Services or the Director’s designee that the grounds for suspension of the license under § 516(g) or § 2216 of Title 13 no longer exist. No occupational license may be issued in any case in which a license has been suspended pursuant to § 516(g) or § 2216 of Title 13.

(e) [Repealed.]

(f) The convictions included in subsections (a) and (b) of this section shall be deemed to include convictions for any violation of this title or a local ordinance or regulation substantially conforming to a state statutory provision.

(g) (1) When the name and address of a resident of this State has been forwarded to the Department under § 2731(b) of this title, the Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence to the Department that the person has paid in full the fine, fee, cost, assessment, or restitution stated in the record under § 2731(b) of this title. The person shall present the Department with the receipt provided by the clerk or prothonotary under § 2731(b) of this title.

(2) When the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title, the Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence to the Department that any of the following has occurred:

a. The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid.

b. The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint and Summons.

c. The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
21 Del. C. § 2302 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2302
§ Â
        2302. Application for certificate of title.
Status: in_force

(a) Every application for an original certificate of title shall be made upon the appropriate form furnished or approved by the Department and shall contain a full description of the motor vehicle including the name of the maker, the vehicle serial number or any number as may be assigned by the Department and any distinguishing marks thereon and whether the vehicle is new or used, together with a full and complete statement of each and all liens or encumbrances, if any, upon the motor vehicle. The application shall also contain a statement of the name and address of the person to whom the certificate of title shall be delivered and such other information as the Department may require. If the applicant desires a certificate of title in transfer-on-death form, the application shall contain the information required pursuant to § 2304 of this title. Every application shall be accompanied by the required fee. Whenever a new motor vehicle is purchased from a dealer the application for a certificate of title shall also include a statement of transfer by the dealer and a certificate of origin therefor.

(b) The owner shall certify, under penalty of perjury, that the statements made on the application for a certificate of title are true and correct to the best of the owner’s knowledge, information and belief.

(c) No application for an original certificate of title shall be accepted by the Department from any person under 18 years of age unless said certificate stating consent to said application is signed by at least 1 parent or guardian of said person.

(d) Any person who purchases for consideration, receives by gift or otherwise receives or acquires in any transaction any new or used trailer after July 1, 1969, shall apply to the Department for an original certificate of title for such trailer. Such application shall be made upon the appropriate form furnished or approved by the Department and shall contain a full description of the trailer including the name of the maker, the trailer serial number or any number as may be assigned by the Department, and any distinguishing marks thereon and whether said trailer is new or used, together with a full and complete statement of each and all liens or encumbrances, if any, upon the trailer. The application shall also contain a statement of the name and address of the person to whom the certificate of title shall be delivered and such other information as the Department may require. The Department shall not issue the original certificate of title until the document fee imposed by § 3002 of Title 30 has been paid to the Department.

(e) When a mobile home, park trailer or house trailer is sold by a Delaware licensed mobile home dealer the dealer shall be responsible for immediately submitting the application for certificate of title, related documents and all fees to the Division of Motor Vehicles for the purpose of securing a title.
21 Del. C. § 2151 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2151
§ Â
        2151. Fee schedule; time of payment [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

At the time of application for the registration of a motor vehicle and prior to the issuance of the current registration plates required by this title, there shall be paid to the Department registration fees according to the following schedule:

(1) For the registration of any motorcycle, $15 per year.

(2) For the registration of each motor vehicle commonly used for pleasure or for the chief purpose of carrying persons (except motor vehicles commonly known as passenger buses) and including station wagons, $40 per year.

(3) For the registration of other motor vehicles, including those propelled by diesel engines, $40 per year if the gross load weight does not exceed 5,000 pounds, and an additional $18 per year for each 1,000 pounds or fraction thereof over and above 5,000 pounds. The gross load weight shall be the weight of the chassis, body, equipment and maximum allowable load as specified by the application.

(4) Such vehicles as are authorized to operate or to be moved as provided by § 4504 of this title shall be registered in the same manner as other vehicles. The fee for such registration shall be at the same rate required for trucks and semitrailers.

(5) For the registration of any recreational vehicle or recreational trailer, the fee shall be $40 per year if the gross load weight of the vehicle or trailer does not exceed 5,000 pounds, and in the event the gross load weight exceeds 5,000 pounds, $6.40 per year for each 1,000 pounds or fraction thereof over and above 5,000 pounds. The gross load weight shall be the weight of the chassis, body, equipment and maximum allowable load as specified by the application.

(6) A fee of $20, in addition to the registration fee, shall be imposed at the time of renewal of registration of a motor vehicle or semitrailer if the Delaware registration has expired. This fee may not be imposed if the registration has expired over 12 months or if a permit has been purchased for the vehicle pursuant to § 2103 of this title. The fee may not be imposed if a transfer of ownership on the vehicle has taken place or if the motor vehicle or trailer has been inspected prior to the expiration of registration.

(7) Of each of the motorcycle registration fees collected pursuant to paragraph (1) of this section the sum of $4.00 per year is appropriated to the Department of Transportation and shall be placed in a special account to be used only for the expenses incurred in the administration of the motorcycle rider education program and improved motorcycle licensing procedures.

(8) For the registration of a motor farm truck owned and used exclusively by a farmer who derives at least $1,000 of the farmer’s annual income from the operation of the farmer’s farm and who owns or rents at least 10 acres which are actively used in the farming operation from which the farmer derives that income, the fee is $40 per year if the gross load weight does not exceed 5,000 pounds, and an additional $3.80 per year for each 1,000 pounds or fraction thereof over and above 5,000 pounds. The gross load weight is as calculated in paragraph (3) of this section, but in no case shall the required fee for motor vehicles, except trailers, under this paragraph be less than $40 per year.

(9) For the registration of a farm motor vehicle, farm vehicle, or farm trailer owned and used exclusively by a farmer who derives at least $1,000 of the farmer’s annual income from the operation of the farmer’s farm and the farmer owns or rents at least 10 acres which are actively used in the farming operation from which the farmer derives that income, and are operated or towed within a 20-mile radius of a farm owned or managed by the owner of the vehicle or trailer, there is a 1-time fee of $10.

(10) For the registration of trailers with a gross weight of 1,000 pounds or less the fee is $15 per year; if a trailer’s gross load weight exceeds 1,000 pounds there shall be an additional fee of $5.00 per year for each 1,000 pounds or fraction thereof over and above the 1,000 pounds up to a maximum of 2,000 pounds. The fee for the registration of trailers with a gross weight exceeding 2,000 pounds is as provided in paragraph (3) of this section.

(11) The Secretary of the Department of Transportation in conjunction with the Secretary of the Department of Agriculture shall promulgate regulations as necessary for the administration and implementation of this section.
21 Del. C. § 2742 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2742
§ Â
        2742. Revocation; notice; hearing [Effective upon fulfillment of the contingency in 81 Del. Laws, c. 155, Ââ2].
Status: in_force

(a) If a person refuses to permit chemical testing, after being informed of the penalty of revocation for such refusal, the test shall not be given but the police officer shall report the refusal to the Department. The police officer may, however, take reasonable steps to conduct such chemical testing even without the consent of the person if the officer seeks to conduct such test or tests without informing the person of the penalty of revocation for such refusal and thereby invoking the implied consent law.

(b) (1) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of § 4177 of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 1 year for a person with no previous violation of § 4177 of this title or this section or a similar statute of any state or the District of Columbia or local government, within 5 years of the date of the charge in question; 18 months’ revocation for a person with 1 previous violation of such statutes as described above; and 24 months’ revocation for a person with 2 or more previous violations of such statutes as described above.

(2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of § 4177L of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 2 months for a person with no previous violation of § 4177L of this title or this section or a similar statute of any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above.

(c) Except in those cases wherein the police officer acts pursuant to subsection (b) of this section:

(1) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177 of this title or a local ordinance substantially conforming thereto and the person was arrested on that occasion for a violation of § 4177 of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of such charge, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 3 months for a first time DUI offender, 1 year for a second DUI offender, or 18 months for more than 2 DUI offenses. For purposes of this subsection, a DUI offender shall include anyone who has previously committed a first offense as defined in § 4177B(e) or lost their license pursuant to this section and any person convicted of a violation of § 4177 of this title or similar statutes of any state or the District of Columbia or local government within 5 years of the date of the charge in question, a revocation within 5 years of said date for an implied consent violation or a revocation within 5 years of said date under this subsection.

(2) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177L of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177L of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person’s driver’s license and/or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense pursuant to said section.

(d) No revocation under subsection (b) or (c) of this section is effective until the Secretary or a police officer or other person acting on the Secretary’s behalf notifies the person of the revocation and allows the person a 15-day period to request of the Secretary in writing a hearing as herein provided. If no request is filed in writing with the Division of Motor Vehicles within the 15-day period, the order of revocation becomes effective. If a request for a hearing is filed, a revocation is not effective until the final decision of the hearing officer resulting in a decision adverse to the person.

(e) On behalf of the Secretary, the police officer offering a chemical test or directing the administration of a chemical test shall serve immediate notice of revocation on a person who refuses to permit chemical testing after being informed of the penalty of revocation for such refusal, or on a person who is arrested on that occasion, either for a violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of such charge. The officer shall take the Delaware license or permit of the driver in any such case and issue a temporary license effective only for 15 days with a provision for an additional period if a written request for a hearing is received by the Division of Motor Vehicles within the 15-day period. The police officer shall send the person’s driver’s license or permit to the Secretary along with the certificate required by subsection (b) or (c) of this section.

(f) The hearing under this section shall be before the Secretary or the Secretary’s designee. The scope of the hearing shall cover the issues of:

(1) With respect to subsections (b) and (c) of this section, whether the police officer had probable cause to believe the person was in violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto.

(2) With respect to paragraph (c)(1) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 4177 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .08 or more pursuant to testing provided for in this section, or § 4177 of this title, or a positive indication of the presence of drugs, shall be conclusive evidence of said violation.

(3) With respect to paragraph (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 4177L of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation.

(4) With respect to subsection (b) of this section, whether the person refused to permit the test after being informed of the penalty of revocation for such refusal.

(g) The hearing specified in this section shall be scheduled within 60 days following the filing of the request for a hearing.

(h) In addition to the revocation authorized by this section, the Secretary shall require attendance of the person whose license is revoked at a course of instruction or rehabilitation program established under § 4177D of this title.

(i) If a person’s driver’s license is revoked pursuant to subsections (b) or (c) of this section and the person has not yet been adjudicated guilty and sentenced to the charge of driving under the influence, the Justice of the Peace Court may request in writing that the Division of Motor Vehicles issue a conditional license to the revoked driver as a condition of pretrial release pursuant to § 2108 or § 2112 of Title 11 if the person is subject to continuous sobriety monitoring.

(1) When the Division of Motor Vehicles receives a request from the Justice of the Peace Court to issue a conditional license to a revoked driver, the Division may issue a conditional license during the period of revocation provided the person’s driver’s license is not suspended, revoked, denied, or otherwise unavailable for any other violation of the law of any jurisdiction that would prohibit the issuance of the conditional license unless it is determined by the Secretary of Transportation or the Secretary’s designee that the individual is eligible for reinstatement. This conditional license only permits the driver to operate a motor vehicle to travel to and from work, school, medical appointments, any Court, or any appointments related to the driver’s continuous sobriety monitoring.

(2) If at any point the revoked driver ceases to be subject to continuous sobriety monitoring, the Justice of the Peace Court must promptly notify the Division of Motor Vehicles of the change in the revoked driver’s status. The Division of Motor Vehicles must direct such person to surrender said conditional license to the Division of Motor Vehicles and the Division of Motor Vehicles will restore the full revocation of the driver’s license for the remainder of the term of the revocation.

(3) If at any point the Justice of the Peace Court determines, in its discretion, that the revoked driver is no longer entitled to a conditional license, the Justice of the Peace Court must promptly notify the Division of Motor Vehicles of that determination. The Division of Motor Vehicles must direct such person to surrender said conditional license to the Division of Motor Vehicles and must restore the full revocation of the driver’s license for the remainder of the term of the revocation.

(4) Any person whose driver’s license has been revoked and to whom a conditional license has been issued under this chapter, and who drives any motor vehicle upon the highways of this State contrary to the conditions placed upon such conditional license during the period of such conditional license, is guilty of an unclassified misdemeanor, and, upon conviction thereof, shall be fined not less than $28.75 or more than $230. The Division, upon receiving a record of conviction of any person operating a motor vehicle in violation of the conditions imposed upon said conditional license, must forthwith direct such person to surrender said conditional license to the Division of Motor Vehicles and must notify the Justice of the Peace Court of the cancellation of the conditional license.
21 Del. C. § 8302 — Delaware Code / Title 21 / Chapter 83 / Section 8302
§ Â
        8302. Enforcement by the Secretary.
Status: in_force

(a) The Secretary shall adopt and prescribe such regulations concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The Secretary or the Secretary’s authorized representative shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor’s licenses.

(b) The Secretary shall administer and enforce this chapter, and may call upon the Secretary of Education for assistance in developing and formulating appropriate regulations.
21 Del. C. § 6835 — Delaware Code / Title 21 / Chapter 68 / Section 6835
§ Â
        6835. Civil liability.
Status: in_force

Any other statute notwithstanding, a violation of § 6823 or § 6824 of this title shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim arising out of any ATV or OHV accident.
21 Del. C. § 4303 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4303
§ Â
        4303. Brakes â General requirements.
Status: in_force

(a) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and any trailer or semitrailer attached thereto including 2 separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least 2 wheels and shall be so constructed that no part which is liable to failure shall be common to the 2. A motorcycle need be equipped with only 1 brake. All brakes shall be maintained in good working order and shall conform to regulations, not inconsistent with this subchapter, to be promulgated by the Secretary. All brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

(b) All braking distances specified in this subchapter shall apply to all vehicles mentioned herein, whether such vehicles are loaded or are not loaded to the maximum capacity permitted under Chapter 45 of this title.

(c) Except as provided in this subsection, no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle’s internal combustion engine or exhaust systems. Nothing in this section shall be interpreted as prohibiting the equipping of any motor vehicle with a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust systems. Nothing in this section shall be interpreted as prohibiting the use of a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust system in an emergency situation or an emergency vehicle including police, fire, ambulance, emergency medical service vehicles or other emergency vehicles.
21 Del. C. § 2139F — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139F
§ Â
        2139F. Special animal welfare license plates.
Status: repealed

(a) The owner of any vehicle described in paragraph (b) of this subsection may apply to the Department for the assignment to that vehicle of a special animal welfare registration.

(b) This section applies only to:

(1) A private passenger vehicle.

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

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

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

(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Department of Health and Social Services. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, animal welfare. The Department of Health and Social Services may at its discretion drop the wording “The First State” and substitute in place thereof an animal welfare slogan. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(f) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsection (d) of this section shall be deposited in the State Treasury and credited to the Spay/Neuter Fund in the Department of Health and Social Services.

(g) [Repealed.]

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4170 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4170
§ Â
        4170. Speed limits set by local authorities.
Status: in_force

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.

(b) Local authorities in their respective jurisdictions may at their discretion, but subject to subsection (c) of this section, authorize by ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in § 4168(a) of this title.

(c) Alteration of absolute limits on state-maintained highways in any municipality by local authorities shall not be effective until such alteration has been approved by the Department of Transportation.
21 Del. C. § 3104 — Delaware Code / Title 21 / Chapter 31 / Section 3104
§ Â
        3104. Contents of identification cards.
Status: in_force

(a) Every identification card shall bear a distinguishing number assigned to the holder and shall contain the name, date of birth, address, a photograph of the holder taken by the Department of Transportation and a brief description of the holder for purposes of identification. The identification card holder’s Social Security number is used for identification purposes and shall be maintained in the Division of Motor Vehicles’ record system.

(b) Every identification card shall bear in conspicuous print the words: “THIS IS NOT A DRIVER’S LICENSE.”

(c) The Division of Motor Vehicles shall upon submission of satisfactory proof, provide that a person making application for an identification card designation that the holder is a veteran on the identification card.

(1) An applicant qualifies to have designation that the holder is a veteran added to their identification card if the applicant served in the United States Armed Forces, including a reserve component of the National Guard, and was discharged or released from service under conditions other than dishonorable:

(2) Satisfactory proof of that the applicant is a veteran includes any of the following:

a. Form DD-214, Certificate of Release or Discharge from Active Duty.

b. Form DD-256, Discharge Certificate that states “General Under Honorable Conditions”.

c. Form NGB-22, Report of Separation and Record of Service, Departments of the Army and the Airforce, National Guard Bureau.

d. Valid military ID card including any of the following:

1. White Common Access Card.

2. Department of Defense Blue ID.

3. Department of Defense Red ID.

e. A valid identification card issued by a state other than Delaware with designation that the holder is a veteran.

(3) When and applicant for or holder of an identification card desires to add designation that the holder is a veteran as part of an initial application, renewal, or duplicate of an identification card, no fee in addition to the standard application or renewal fee may be charged for adding designation that the holder is a veteran.

(4) When the holder of an identification card desires to add designation that the holder is a veteran before identification card renewal, a fee of $10 may be assessed for such change.

(5) The Division shall coordinate with the Delaware Office of Veterans Services to establish a method of authenticating unclear military documentation.
21 Del. C. § 2104 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2104
§ Â
        2104. Application for registration.
Status: in_force

(a) Every owner of a vehicle desiring registration shall make application to the Department for the registration thereof upon the appropriate form or forms furnished by the Department. Every such application shall bear the signature of the owner in a manner acceptable to the Department.

(b) The application shall contain:

(1) The name and address of the owner: When the owner is an individual, the address shall be the bona fide residence of the individual; when the owner is a partnership, association, trust or corporation, the address shall be that of the principal office thereof wherever located together with the address of the principal office within this State, if any;

(2) A description of the vehicle including, insofar as the following specified data may exist with respect to a given vehicle, the make, model, color, type of body, the serial number of the vehicle, or any number as may be assigned by the Department, and whether new or used and, if a new vehicle, the date of sale by the manufacturer or dealer to the person intending to operate said vehicle;

(3) Such further information as may reasonably be required by the Department to enable it to determine whether the vehicle is lawfully entitled to registration;

(4) The Department shall allow the registration of trailers for individuals who are not bona fide residents of Delaware if the individual provides documented proof of ownership of a residence in Delaware and signs a declaration indicating the trailer will remain in Delaware at all times.

(c) In the event that the vehicle for which registration is applied is a specially constructed, reconstructed or a foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this State, the owner shall surrender to the Department all registration cards and certificates of title or other evidence of such foreign registration or ownership as may be in the owner’s possession or under the owner’s control, except where in the course of interstate operation of a vehicle registered in another state it is desirable to retain registration of the vehicle in such other state, such applicant need not surrender, but shall submit for inspection, evidences of such foreign registration or ownership, and the Department upon a proper showing may register the vehicle in this State, but shall not issue a certificate of title therefor.

(d) (1) The Department shall allow the registration of motor vehicles owned by individuals who are not bona fide residents of Delaware upon presentation of an affidavit by the applicant, on a form approved by the Department, swearing or affirming:

a. That the vehicle is principally garaged in Delaware;

b. That the applicant is the owner of at least 1 other vehicle which is registered and insured in the state of the applicant’s domicile; and

c. To such other information not inconsistent with this subsection as may be deemed appropriate by the Department or the Insurance Commissioner.

(2) An affiant shall notify the Division of Motor Vehicles and the affiant’s automobile insurance company of any changes in the above conditions within 30 calendar days from the date of change.

(3) The penalties prescribed by Chapter 24 of Title 18 shall apply to a violation of this subsection.
21 Del. C. § 6316 — Delaware Code / Title 21 / Chapter 63 / Section 6316
§ Â
        6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms.
Status: in_force

If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer number plates, temporary license plates and dealer reassignment forms belonging to the dealer. The Division may grant the licensee up to 30 days to dispose of vehicles belonging to the dealer.
21 Del. C. § 4314 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4314
§ Â
        4314. Lights and reflectors; change of original design or performance of vehicle.
Status: in_force

A person may not use on any motor vehicle or trailer any light, lamp or reflector that tends to change the original design or performance of the motor vehicle or trailer, unless the light, lamp or reflector is of a type that has been approved by the Department and is mounted, adjusted and aimed in accordance with regulations adopted by the Secretary. Such regulations shall not violate the Federal Motor Vehicle Safety Standards.
21 Del. C. § 4198N — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198N
§ Â
        4198N. Operation of motorized skateboards and scooters.
Status: in_force

(a) Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. — Motorized skateboards or scooters 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) A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance with this chapter.

(2) A motorized skateboard or scooter 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.

(3) A low-speed motorized scooter. This section does not apply to any low-speed motorized scooter.

(4) A person who violates this subsection shall be subject to the following penalties:

a. For the first offense, a fine of not less than $25 nor more than $115.

b. For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by the court.

(b) Upon other property; penalty for violation. — A person shall not operate a motorized skateboard or scooter 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. A person who violates this subsection shall be subject to the following penalties:

(1) For the first offense, a fine of not less than $25 nor more than $115.

(2) For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by the court.

(3) In addition, restitution shall be made for value of any damage to real or personal property that results from a violation of this subsection.

(c) Careless operation or excessive rate of speed. — A person shall not operate a motorized skateboard or scooter in a careless or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard to actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance.

(d) While under the influence or with a prohibited alcohol content. — A person shall not operate a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title.

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

(2) The provisions of this subsection, subsections (j) or (l) of this section or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof located within this State.

(e) In a manner causing damage or disturbance. — (1) A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person or in a manner to endanger, disturb or annoy another person. Disturbance or annoyance of other persons shall be presumed if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining party. However, nothing in this subsection shall be construed as prohibiting the operation of motorized skateboards or scooters at a track or park designed for the lawful operation of said devices.

(2) The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the motorized skateboard or scooter.

(3) The owner of such private property may recover from the person responsible nominal damages of not less than the amount of damage or injury.

(f) Unlawful for operators of motorized skateboard or scooters to disobey command to stop. — It shall be unlawful for any operator of a motorized skateboard or scooter to wilfully disobey a signal to bring such motorized skateboard or scooter to a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty.

(g) By minors, incompetent persons or persons under mental or physical disabilities. — (1) A person less than 12 years of age may operate a motorized skateboard or scooter only if:

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

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

(2) Persons 12 years of age and older may operate a motorized skateboard or scooter without adult supervision provided such use is in compliance with all other provisions of this chapter.

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

(4) The owner of a motorized skateboard or scooter shall not permit:

a. The device to be operated by a person under the age of 12 except under direct adult supervision.

b. The device 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 alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title.

(h) Helmet requirements. — (1) A person under 18 years of age shall not operate or ride as a passenger upon any motorized skateboard or scooter unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title.

(2) Any parent or legal guardian who fails to cause that parent or legal guardian’s child to wear a helmet, as provided in this subsection, shall be fined for the first offense $25, and for each subsequent offense, $50.

(3) The court may dismiss all charges pursuant to this subsection upon presentation of evidence that a violator hereof has purchased or obtained a helmet that meets or exceeds the standards set forth in this subsection subsequent to the violation.

(4) The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes.

(5) Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear a helmet be admissible as evidence in the trial of any civil action.

(i) Any person or business selling a new, unused motorized scooter, as defined in § 101(42) of this title, must obtain a signed, witnessed statement from the purchaser stating that the purchaser is aware that motorized scooters cannot be operated on Delaware public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than 3 years from the date of sale.

(j) Enforcement of section. — Any law-enforcement, peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation of this section, it may forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard or scooter unless the operator or owner is found not guilty of the offense charged.

(k) Penalties when not otherwise specified in this section. — Any person convicted of violation of any provision of this section shall be fined not less than $25 nor more than $300. The penalties set forth in this subsection shall apply unless a specific penalty for an offense specified in a provision of this section is otherwise provided in this section.

(l) Jurisdiction. — The Courts of the Justices of the Peace shall have original jurisdiction over violations of this section except that the Family Court shall have jurisdiction over violations of this section when such violation is committed by any person under the age of 18 years of age.

(m) Conflicts with other statutes. — Should any provision of this section conflict with other statutes, the provisions or requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding, nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other provision of this Code.

(n) Rules and regulations. — The Secretary of Safety and Homeland Security and/or the Secretary of Transportation may adopt and enforce such rules and regulations concerning motorized skateboards or scooters and designate such agencies as may be necessary to carry out this section, provided such rules and regulations are not contrary to this section.

(o) Notwithstanding the provisions of this section, any municipality with a population in excess of 50,000 may implement ordinances, regulating the use of motorized skateboard or scooters, inconsistent with or in addition to the provisions of this section.
21 Del. C. § 6806 — Delaware Code / Title 21 / Chapter 68 / Section 6806
§ Â
        6806. Surrender of registration certificate.
Status: in_force

(a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an interest therein transferred either wholly or in part to another person or if the owner’s address no longer conforms to the address appearing on the registration certificate. The notice shall consist of a surrender of the registration certificate on which the proper information shall be noted or written notice to the Department that the registration certificate has been stolen.

(b) When surrender of the certificate is because the OHV has been destroyed or abandoned or has been stolen, the Department shall cancel the certificate and enter such fact in its records. If the surrender is because of a change of address of the owner, the new address shall be recorded by the Department and a registration certificate bearing such information shall be returned to the owner. The transferee of a vehicle registered under this chapter, within 15 days after acquiring it, shall apply to the Department for transfer to the transferee of the registration certificate issued to the OHV, giving the transferee’s name, address and the number of the vehicle and pay the Department a fee of $2.00. Upon receipt of the application and fee, the Department shall transfer the registration certificate issued for the OHV to the new owner. Unless the application is made and the fee paid within 15 days, the vehicle shall be deemed to be without a registration certificate and no person shall operate the OHV until a certificate is issued.
21 Del. C. § 2120 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2120
§ Â
        2120. Waiver of registration and inspection of special mobile equipment.
Status: in_force

The requirements for registration and inspection of special mobile equipment are waived.
21 Del. C. § 2139K — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139K
§ Â
        2139K. Special license plates for Vietnam War veterans.
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 Vietnam War veteran registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is a Vietnam War veteran.

(2) This section applies only to:

a. A private passenger vehicle; or

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

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

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

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

(e) 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.

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

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 2337 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2337
§ Â
        2337. Priority of liens.
Status: in_force

Liens or encumbrances on a motor vehicle properly set out in the application for a certificate of title, whereby any such liens or encumbrances are sought to be secured on a motor vehicle, shall for all purposes be valid from the date of the issuance of the certificate of title. If there is more than one such lien on any one motor vehicle, then such liens shall have priority according to the dates of the application as evidence of such claims. Such liens and encumbrances entered upon the certificate of title and recorded in the lien register shall be notice to all creditors of whatever description that such liens or encumbrances exist against the motor vehicle.
21 Del. C. § 4701 — Delaware Code / Title 21 / Chapter 47 / Section 4701
§ Â
        4701. Statement of legislative purpose.
Status: in_force

The purpose of this chapter is to reduce truck and bus related accidents on our highways by minimizing the causes related to mechanical failures, driver error and careless safety practices by motor carriers, and to standardize regulations for the transportation industry.
21 Del. C. § 8405 — Delaware Code / Title 21 / Chapter 84 / Section 8405
§ Â
        8405. Repurchase of inventory [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) If a new recreational vehicle dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for good cause as defined in § 8404(e) of this title and the manufacturer fails to cure the claimed deficiencies as provided in § 8404(d) of this title, at the election of the new recreational vehicle dealer and within 45 days after termination, cancellation, or nonrenewal, the manufacturer shall, repurchase:

(1) All new, untitled recreational vehicles and recreational trailers that were acquired from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at 100% of the net invoice cost, including transportation, less applicable rebates and discounts to the new recreational vehicle dealer. If any of the vehicles repurchased pursuant to this paragraph are damaged, but do not trigger a consumer disclosure requirement, the amount due the new recreational vehicle dealer must be reduced by the cost to repair the vehicle. Damage prior to delivery to the new recreational vehicle dealer that is disclosed at the time of delivery will not disqualify repurchase under this provision.

(2) All undamaged accessories and proprietary parts sold to a new recreational vehicle dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105% of the original net price paid to the manufacturer or distributor to compensate the new recreational vehicle dealer for handling, packing, and shipping the parts; and

(3) Any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100% of the new recreational vehicle dealer’s net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the new recreational vehicle dealer within 5 years before termination, cancellation, or nonrenewal upon the manufacturer’s or distributor’s request, and can no longer be used in the normal course of the new recreational vehicle dealer’s ongoing business.

(b) The manufacturer or distributor shall pay the new recreational vehicle dealer within 30 days after receipt of the items returned pursuant to this section.
21 Del. C. § 4801 — Delaware Code / Title 21 / Chapter 48 / Section 4801
§ Â
        4801. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Occupant Protection System Safety Act.”
21 Del. C. § 4177H — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177H
§ Â
        4177H. Certification and approval of devices.
Status: repealed

(a) The Division of Motor Vehicles shall adopt and publish rules setting forth the requirements for obtaining certification of an ignition interlock device. No ignition interlock device shall be certified unless it meets the requirements specified and published by the Division. Such requirements shall include provisions for setting a calibration range which complies with § 4177F of this title [repealed] and any other applicable law; and which shall include, but not be limited to, specifications that the device:

(1) Does not impede the safe operation of the vehicle;

(2) Has features that make circumvention difficult, but which do not interfere with the normal use of the vehicle; and

(3) Resists tampering, and shows evidence of tampering if tampering is attempted.

(b) The cost of certification shall be borne by each manufacturer of an ignition interlock device who desires to have such device certified in this State.
21 Del. C. § 406 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 406
§ Â
        406. Automatic reciprocity; when.
Status: in_force

If no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by § 401 of this title, any vehicle properly registered or licensed in such other jurisdiction, and for which evidence of compliance is supplied, shall receive, when operated in this State, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this State. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate operations.
21 Del. C. § 2812 — Delaware Code / Title 21 / Chapter 28 / Section 2812
§ Â
        2812. No existing law modified.
Status: in_force

Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the violation thereof or shall be construed so as to preclude the exercise of the regulatory powers of any division, agency, department or political subdivision of this State having the statutory authority to regulate such operation and licensing.
21 Del. C. § 3211 — Delaware Code / Title 21 / Chapter 32 / Section 3211
§ Â
        3211. Agentâs acceptance.
Status: in_force

Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent’s certification (pursuant to § 3204 of this title) or by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
21 Del. C. § 4356A — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4356A
§ Â
        4356A. Use of revolving or flashing green light.
Status: in_force

(a) A motor vehicle may be equipped with a green revolving or flashing light if the motor vehicle meets any of the following requirements:

(1) Is used by a fire department or police department.

(2) Is designated or authorized as an emergency vehicle by the Secretary of the Department of Safety and Homeland Security and used by a federal, state, county, or municipal agency or public service corporation.

(3) Is snow removal equipment that is owned and operated by the State or a municipality.

(b) A motor vehicle authorized under subsection (a) of this section to be equipped with a green revolving or flashing light may only use the light as follows:

(1) When the motor vehicle is in service at an accident, fire, or disaster scene to signify a command post to which fire or police officials may report for instructions or orders.

(2) If the motor vehicle is a hazardous material response vehicle traveling to an accident, fire, or disaster scene at the request of a fire department or police department.

(3) If the motor vehicle is snow removal equipment that is owned and operated by the State or a municipality and is in use during cold weather operations.
21 Del. C. § 2941 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2941
§ Â
        2941. Court reports on nonpayment of judgments.
Status: in_force

(a) Whenever any person fails to satisfy any judgment within 60 days of its issuance, the court that issued the judgment shall, upon motion of the holder of the judgment, forward a certified copy of such judgment to the Secretary of Transportation.

(b) If the defendant named in any certified copy of a judgment reported to the Secretary of Transportation is a nonresident, the Secretary of Transportation shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses of the state of which the defendant is a resident.

(c) For purposes of this subchapter “judgment” shall mean any civil judgment for money damages arising out of an event or transaction involving motor vehicle accident.
21 Del. C. § 4126 — Delaware Code / Title 21 / Chapter 41 / Subchapter III-A / Section 4126
§ Â
        4126. Unlawful use of controlled-access highways; penalties.
Status: in_force

(a) On any state highway designated by the Department of Transportation as a “controlled-access highway,” no person shall:

(1) Drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line;

(2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line;

(3) Drive any vehicle except in the proper lane provided for that purpose in the proper direction in said lane;

(4) Drive any vehicle from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper;

(5) Drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established;

(6) Back a vehicle upon any shoulder or roadway;

(7) Operate or drive a bicycle, except where appropriately marked by the Department of Transportation;

(8) Operate or drive any nonmotorized vehicle or wagon;

(9) Lead or participate in a parade;

(10) Lead or participate in a convoy or procession, either walking or riding, except a riding funeral procession which proceeds at the prevailing rate of speed and which does not prevent or interfere with the entrance into or exit off of the controlled access highway by others;

(11) Walk as a pedestrian except to contact aid in the event of an accident, breakdown or other emergency;

(12) Operate a vehicle of any type or kind prohibited by traffic-control devices at the entrances;

(13) Disobey the restriction stated on any traffic-control device erected at the entrances.

(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $50 nor more than $95. Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.
21 Del. C. § 2805 — Delaware Code / Title 21 / Chapter 28 / Section 2805
§ Â
        2805. Service of petition; order to show cause.
Status: repealed

Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and direct the person named therein to appear at a time scheduled by the Court and show cause why the person should not be barred from operating or driving a motor vehicle on the highways of this State. A copy of the petition, the show cause order and the abstract shall be served upon the person named therein either by personal delivery thereof or by deposit of such in the United States mail in an envelope with postage prepaid, addressed to such person at that person’s address as shown by the records of the Division of Motor Vehicles. The service of the petition, order and abstract by mail is complete upon the expiration of 4 days after such deposit of those documents. Service thereof on any nonresident of this State may be made pursuant to § 3112 of Title 10 [repealed], except that any fee for such service shall be taxed against the person named in the petition as a part of the cost of such proceeding.
21 Del. C. § 3308 — Delaware Code / Title 21 / Chapter 33 / Section 3308
§ Â
        3308. Notification of intent to suspend or revoke a license or deny an original or renewal application.
Status: in_force

(a) No transporter license issued under this title may be suspended or revoked, nor may an application for licensure or renewal be denied, unless a notice of the Division’s intent to suspend or revoke the license or deny the application has been furnished to the applicant or licensee.

(b) The written notice may be sent to the applicant or licensee by certified mail, return receipt requested, addressed to the last known address as shown on the driver’s license, transporter license application, or other record of information in possession of the Division, or may be hand delivered to a person of suitable age and discretion at the licensed business location of the transporter. If the notice is returned as unclaimed, notice may be provided to the applicant or licensee in the same manner as service of process may be effected in civil litigation.

(c) The written notice must contain the following:

(1) The Division’s intention to suspend, revoke, or deny the application for licensure or renewal of the transporter license.

(2) The reason for the intended action, including any law or regulation allegedly violated by the transporter.

(3) A citation to the law or regulation giving the Division authority to act.

(4) The right of the applicant or licensee to request a hearing to dispute the intended action. The hearing must be requested within 10 days of the earlier of the date the applicant or licensee received the notice or the Division received the return receipt.

(5) The right of the applicant or licensee to present evidence, be represented by counsel, and appear personally or by representative at any hearing requested under this section.

(d) If no hearing is requested within the allotted time, the Division may issue a final decision, which may be provided to the applicant or licensee in the same manner as the written notice under this section.

(e) Any hearing requested by a transporter under this section must follow the procedures set forth in § 3310 of this title.
21 Del. C. § 2101 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2101
§ Â
        2101. Operation of unregistered vehicle; exceptions.
Status: in_force

(a) No person shall drive or move, nor shall any person, being the owner of a vehicle, knowingly permit to be driven or moved upon any highway any vehicle, except trackless trolley coaches, of a type required to be registered hereunder, which is not registered and for which current registration plates have not been issued as provided in this chapter 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 registration and certificate of title for a vehicle, the same 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.

(b) A motor vehicle or vehicle being towed by a motor vehicle registered as a tow truck or wrecker shall not be in violation of subsection (a) of this section or § 2115 of this title if such towed vehicle has 1 end hoisted off the ground while being towed. The term “tow truck or wrecker” does not apply to a vehicle registered as a truck tractor.

(c) A motor vehicle or vehicle being operated on public roadways for the purpose of being transported between the Wilmington Port Authority and short-term parking areas within 1 mile of the facility’s gates need not be registered. These vehicles must have insurance that meets the minimum requirements of § 2118 of this title, before they are operated on any public roadway.

(d) Notwithstanding any law or regulation to the contrary, a motor vehicle need not be registered and shall not be in violation of § 2115 of this title, if the vehicle is being driven by a repair technician for drive cycle testing, certified under the Delaware Emission Education Program (“DEEP”) who has in that technician’s possession:

(1) A permit issued by the Department of Natural Resources permitting such operation;

(2) Testing equipment for an on board diagnostic test is installed in the vehicle; and

(3) The operator has evidence of a current and applicable garage keeper’s policy on hand, evidencing insurance coverage available for such operation.
21 Del. C. § 3204 — Delaware Code / Title 21 / Chapter 32 / Section 3204
§ Â
        3204. Execution of personal power of attorney â Requirements; notice; certification.
Status: in_force

(a) A personal power of attorney must be:

(1) In writing;

(2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s express direction;

(3) Dated; and

(4) Signed in the presence of a notarial officer or contain an electronic signature acceptable to the Department.

(b) A personal power of attorney may be accompanied by a notice in the following form, signed by the principal and placed at the beginning of the personal power of attorney. In the absence of a signed notice, upon a challenge to the authority of an agent to act under the personal power of attorney, the agent shall have the burden of demonstrating that the personal power of attorney is valid.

NOTICE

As the person signing this limited durable power of attorney you are the Principal.

The purpose of this power of attorney is to give the person you designate (your “Agent”) broad powers to complete all paperwork necessary to accomplish any required actions set forth in this title without advance notice to you or approval by you.

This power of attorney does not authorize your Agent to make health-care decisions for you.

Unless you specify otherwise, your Agent’s authority will continue even if you become incapacitated, or until you die or revoke the power of attorney, or until your Agent resigns or is unable to act for you. You should select someone you trust to serve as your Agent.

This power of attorney does not impose a duty on your Agent to exercise granted powers, but when powers are exercised, your Agent must use due care to act for your benefit and in accordance with this power of attorney.

Your Agent must keep your funds and other property separate from your Agent’s funds and other property.

A court can take away the powers of your Agent if it finds your Agent is not acting properly.

The powers and duties of an Agent under a durable power of attorney are explained more fully in § 3212 of this title.

If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

I have read or had explained to me this notice and I understand its contents.

________________________________PrincipalDate________PrincipalDate

________________________________

(c) Regardless of the method by which a person accepts appointment as an agent under a personal power of attorney (pursuant to § 3211 of Title 21 of the Delaware Code), such agent shall have no authority to act as agent under the personal power of attorney unless the agent has first executed and affixed to the personal power of attorney a certification in substantially the following form:

AGENT’S CERTIFICATION

I, ________________________________(Name of Agent), have read the attached limited durable personal power of attorney and I am the person identified as the Agent or identified as the Agent for the Principal. To the best of my knowledge this power has not been revoked. I hereby acknowledge that, when I act as Agent, I shall:

Act in accordance with the principal’s reasonable expectations to the extent actually known to me and, otherwise, in the Principal’s best interest;

Act in good faith;

Act only within the scope of authority granted in the personal power of attorney; and

To the extent reasonably practicable under the circumstances, keep in regular contact with the principal and communicate with the principal.

In addition, in the absence of a specific provision to the contrary in the limited durable personal power of attorney, when I act as Agent, I shall:

Keep the assets of the Principal separate from my assets;

Exercise reasonable caution and prudence; and

Keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal.

________________________________AgentDate________AgentDate
21 Del. C. § 2139BB — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139BB
§ Â
        2139BB. Special license plates for military veterans
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 military veterans registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is an honorably discharged veteran of the United States military.

(2) This section applies only to:

a. A private passenger vehicle; or

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

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is an honorably discharged veteran of the United States military.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided however, that an original application under this section be subject to a $15 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

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

(e) 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 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.

(f) The Department shall reserve sufficient special license plates including the letters “MV” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.
21 Del. C. § 2610 — Delaware Code / Title 21 / Chapter 26 / Section 2610
§ Â
        2610. Application for commercial driver license or commercial learner permit.
Status: in_force

(a) The application for a commercial driver license or commercial learner permit must include the following:

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

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

(3) Date of birth;

(4) The applicant’s Social Security number;

(5) The person’s signature;

(6) Certifications including those required by 49 C.F.R. part 383.71(a);

(7) Any other information required by the Division of Motor Vehicles; and

(8) A consent to release driving record information.

(b) Delaware adopts by reference 49 C.F.R. Part 1572. Therefore, if applying for a hazardous materials endorsement, the applicant must comply with Transportation Security Administration requirements codified in 49 C.F.R. Part 1572, and provide proof of citizenship, by presenting a United States passport, a certificate of birth that bears an official seal and was issued by a State, county, municipal authority or outlying possession of the United States, a Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS-1350), a Certificate of Naturalization (Form N-550 or N-570), a Certificate of U.S. Citizenship (Form N-560 or N-561) or immigration status by presenting a Permanent Resident Card, Alien Registration Receipt Card (Form 1-551), Temporary I-551 stamp in foreign passport, a Temporary 1-551 stamp on Form 1-94, Arrival/Departure Record with photograph of the bearer or a Reentry Permit (Form 1-327). A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide that lawful permanent resident’s Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.

(c) The applicant’s noncommercial and commercial driver license from any other jurisdiction must be surrendered to the Division.

(d) The applicant must provide the names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years.

(e) When the name, residential address, or mailing address of a commercial driver license holder changes, an application for a corrected license must be made as provided in this title.

(f) No person who has been a resident of this State for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

(g) Any person who knowingly falsifies information or certifications required under subsection (a) of this section is subject to disqualification of the person’s CDL or CLP for a period of at least 60 consecutive days and is guilty of perjury and shall be fined or imprisoned.

(h) If the Division receives credible information that a CLP- or CDL-holder is suspected, but has not been convicted of fraud related to the issuance of the CLP or CDL, the driver must be required to retake the CDL skills and knowledge tests. Within 30 days of receiving notification from the State that retesting is necessary, the affected CLP or CDL holder must make an appointment or otherwise schedule to take the next available test. A person’s CLP or CDL will be disqualified if such person fails to make an appointment within 30 days, does not take the required knowledge or skills test, or fails the knowledge or skills test. Once a CLP or CDL holder’s privileges have been disqualified, such person must reapply for a CLP or CDL under state application procedures.

(i) Any person who has been convicted of fraud related to the issuance, renewal, transfer, or upgrade of a CDL/CLP, other than falsifying information or certifications as specified in subsection (g) of this section, shall be disqualified for a period of not less than 1 year.
21 Del. C. § 4304 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4304
§ Â
        4304. Brakes â Performance requirements.
Status: in_force

(a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling 20 miles per hour within a distance of 30 feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed 1 percent.

(b) Under the road conditions mentioned in subsection (a) of this section, the hand brake shall be adequate to stop the vehicle within a distance of 55 feet and the hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated.

(c) Under the road conditions mentioned in subsection (a) of this section, the service brakes upon a motor vehicle equipped with 2-wheel brakes only shall be adequate to stop the vehicle within a distance of 40 feet and the hand brake adequate to stop the vehicle within a distance of 55 feet.
21 Del. C. § 4339 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4339
§ Â
        4339. Color of clearance lamps, side marker lamps, backup lamps and reflectors.
Status: in_force

(a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display and reflect an amber color.

(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display and reflect a red color.

(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber.
21 Del. C. § 7510 — Delaware Code / Title 21 / Chapter 75 / Section 7510
§ Â
        7510. Hearing procedures.
Status: in_force

All hearings shall conform to the provisions of the Administrative Procedures Act, Chapter 101 of Title 29.
21 Del. C. § 314 — Delaware Code / Title 21 / Chapter 3 / Section 314
§ Â
        314. Uncollectible fees; penalties.
Status: in_force

(a) Whenever any payment given to the Department in payment of any fee or for any other purpose is returned to the Department as uncollectible, the Secretary shall charge the person presenting such payment, in addition to the protest fee, a reasonable fee, not to exceed $25, to cover the cost of its collection. The Department shall notify the individual presenting such payment by certified mail sent to the last known address of the individual that such payment has been returned as uncollectible and allow the individual 10 days to furnish payment.

(b) If payment is not received within 10 days following the date of mailing such certified mail, the Department shall forthwith suspend the individual’s driver’s license or vehicle registration obtained by means of the uncollectible payment until payment and a penalty fee in the amount of $25 has been paid in full. If the uncollectible payment was issued for a registration of a motor vehicle or vehicle, the driver’s license of the owner of such motor vehicle or vehicle shall also be suspended.
21 Del. C. § 4148 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4148
§ Â
        4148. Carrying of lights or reflector device by pedestrians; penalty.
Status: in_force

(a) No pedestrian shall walk upon any roadway or shoulders of any roadway of this State that is used for motor or vehicle traffic, beyond the corporate limits of any city or town, without carrying a lighted lantern, lighted flashlight or other similar light or reflector type device during the period of time from sunset to sunrise and at any other time when there is not sufficient light to render clearly visible any person or vehicle on the highway.

(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $2.30 nor more than $28.25. For each subsequent like offense within 1 year, the person shall be fined not less than $11.50 nor more than $28.25.
21 Del. C. § 4164 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4164
§ Â
        4164. Stop signs and yield signs.
Status: in_force

(a) Except when directed to proceed by police officers or traffic-control devices, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

(b) The operator of any vehicle who has come to a full stop as provided in subsection (a) of this section shall yield the right-of-way to any vehicle or pedestrian in the intersection or to any vehicle approaching on another roadway so closely as to constitute an immediate hazard and shall not enter into, upon or across such roadway or highway until such movement can be made in safety.

(c) Whenever a yield sign notifying drivers to yield the right-of-way has been erected, it shall be unlawful for a driver of any vehicle on the highway whose traffic is regulated by such a sign to fail to yield the right-of-way to any vehicle approaching on or from another highway or merging roadway or to a pedestrian legally crossing a roadway. If required for safety to stop, the stop shall be made at a marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. Any such driver having so yielded to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard or to a pedestrian legally crossing a roadway shall not enter into, upon or across such roadway or highway until such movement can be made in safety.
21 Del. C. § 2312 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2312
§ Â
        2312. Refusal or revocation of certificate of title â Grounds.
Status: in_force

If the Department determines that an applicant for a certificate of title to a motor vehicle is not entitled thereto, it may refuse to issue such certificate and, in that event, unless the Department reverses its decision or its decision is reversed by a court of competent jurisdiction, the applicant shall have no further right to apply for a certificate of title on the statements in said application. The Department may, for a like reason, revoke any outstanding certificate of title.
21 Del. C. § 6313 — Delaware Code / Title 21 / Chapter 63 / Section 6313
§ Â
        6313. Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, Â 5].
Status: in_force

A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, suspended, or revoked for any 1 of the following reasons:

(1) Material misstatement or omission on the original or renewal application for a dealer license.

(2) Failure to maintain an established place of business, business phone or Division of Revenue Dealer Business License.

(3) Failure to comply subsequent to receipt from the Division of a cease and desist order or a written warning or arrest.

(4) Failure to comply with this title or Title 30.

(5) Conviction of a felony in this State or any other jurisdiction. For waiver of a felony conviction, at the time of application, more than 10 years must have elapsed since the date of conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(6) Conviction of a misdemeanor involving theft, fraud, dishonesty, false pretense, or moral turpitude, in this State or any other jurisdiction. For waiver of a misdemeanor conviction, at the time of application, more than 5 years must have elapsed since the date of conviction. At the time of application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(7) The Department will defer any license application or renewal if the applicant has pending felony or misdemeanor charges, as specified in paragraphs (5) and (6) of this section, during the pendency of the charges.

(8) Failure of the applicant to notify the Department within 72 hours of any known change in criminal history.

(9) The Department makes a determination, so far as can be ascertained, that the applicant or licensee no longer meets the standard set forth in § 6312 of this title.

(10) Failure to maintain a service facility, if the licensee is a dealer of new recreational vehicles. Recreational vehicle dealers with multiple locations in Delaware may maintain a service facility at 1 location to satisfy this requirement.

(11) The applicant was a previous holder of a license that was suspended or revoked by the Department and the terms of such suspension have not been satisfied.

(12) The applicant or licensee solely employs call forwarding, telephone answering services and/or mail forwarding services during scheduled business hours or otherwise sells motor vehicles from a remote or otherwise unlicensed location.

(13) Failure to maintain fiscal responsibility including failure to timely file personal and business federal and state tax returns.
21 Del. C. § 4163 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4163
§ Â
        4163. Certain vehicles must stop at all railroad grade crossings.
Status: in_force

(a) Except as provided by subsection (b) of this section, the driver of any motor vehicle carrying passengers for hire or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at any grade or any track of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and may not proceed until the driver can do so safely. After stopping as required by this subsection, and upon proceeding when it is safe to do so, the driver of any vehicle referenced in this subsection shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.

(b) Subsection (a) of this section does not apply at any of the following:

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.

(2) A railroad grade crossing at which traffic is regulated by a traffic-control signal.

(3) A railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train or other on-track equipment.

(4) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.

(c) Except as provided by subsection (d) of this section, the driver of any school bus, before crossing at any grade or any track of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and may not proceed until the driver can do so safely. After stopping as required by this subsection, and upon proceeding when it is safe to do so, the driver of any school bus may cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.

(d) Subsection (c) of this section shall not apply at any of the following:

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.

(2) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.
21 Del. C. § 2336 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2336
§ Â
        2336. Recording liens; fee.
Status: in_force

The Director shall keep a record of liens or encumbrances upon motor vehicles for a period of 8 years from the date of entering such lien or encumbrance on any certificate of title. For making entry on liens or encumbrances in the aforementioned record, the Director shall charge a fee of $10 which shall be paid by the applicant at the time of entering such lien or encumbrance on the certificate of title.
21 Del. C. § 6815 — Delaware Code / Title 21 / Chapter 68 / Section 6815
§ Â
        6815. Operation of OHVs â Excessive rate of speed.
Status: in_force

A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance.
21 Del. C. § 2911 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2911
§ Â
        2911. Construction with other laws.
Status: in_force

This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.
21 Del. C. § 2942 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2942
§ Â
        2942. Suspension of license for nonpayment of judgments.
Status: in_force

(a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as otherwise provided in this section and in § 2945 of this title.

(b) The Secretary of Transportation may allow license or nonresident operating privileges to a judgment debtor, providing there is no default in the payment of such judgment or that installments thereof prescribed in § 2945 of this title are not in default, and providing the judgment debtor has furnished proof of financial responsibility.

(c) Any person whose license or nonresident’s operating privilege has been suspended or is about to be suspended or becomes subject to suspension under this chapter may be relieved from the effect of such judgment as prescribed in this chapter, by filing with the Secretary of Transportation an affidavit stating that at the time of the accident upon which such judgment has been rendered the affiant was insured, that the insurer is liable to pay such judgment and the reason, if known, why such insurance company has not paid such judgment. Such person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the Secretary of Transportation may require to show that the loss, injury or damage, for which such judgment was rendered, was covered by such policy of insurance. If the Secretary of Transportation is satisfied from such papers that such insurer was authorized to issue such policy of insurance at the time and place of issuing such policy and that such insurer is liable to pay such judgment, at least to the extent and for the amounts required in this chapter, the Secretary of Transportation shall not suspend such license or nonresident’s operating privilege, or, if already suspended, shall reinstate them.

(d) In the event that a person has had that person’s license suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility, in an amount and of such character as shall be satisfactory to the Secretary of Transportation.
21 Del. C. § 2808 — Delaware Code / Title 21 / Chapter 28 / Section 2808
§ Â
        2808. Appeals.
Status: in_force

An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil or criminal actions.
21 Del. C. § 2146 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2146
§ Â
        2146. Regulation of vehicular flow through inspection places.
Status: in_force

The Department shall adopt and enforce by July 1, 1969, such administrative rules and regulations as may be necessary to insure an even distribution of vehicular inspections at the inspection places in each county on a monthly basis.
21 Del. C. § 2810 — Delaware Code / Title 21 / Chapter 28 / Section 2810
§ Â
        2810. Driving after judgment prohibited; penalty; jurisdiction.
Status: repealed

(a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the Court prohibiting the operation remains in effect. Any person found to be an habitual offender under this chapter who is thereafter convicted of operating a motor vehicle in this State while the judgment of the Court prohibiting such operation is in effect shall for the first offense be fined not more than $1,150 and imprisoned not less than 90 days nor more than 30 months. For each subsequent like offense, be fined not more than $2,300 and imprisonment not less than 180 days nor more than 5 years. The periods of imprisonment required under this section shall not be subject to suspension and if the judgment of the Court prohibiting the operation of a motor vehicle was based in whole or in part upon a conviction of the person for a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, or in whole or in part upon a conviction under any criminal statute pertaining to injury or death caused to another person by the person’s driving or operation of a vehicle, the period of imprisonment shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205(c)(2) [repealed] of this title. The Court of Common Pleas shall have original jurisdiction of violations created by this section.

(b) Notwithstanding any other provision of law to the contrary, any offense, other than a felony, which is within the exclusive or original jurisdiction of another court and which may be joined properly with violations created by this section, shall be deemed to be within the original jurisdiction of the Court of Common Pleas.
21 Del. C. § 2801 — Delaware Code / Title 21 / Chapter 28 / Section 2801
§ Â
        2801. Declaration of policy.
Status: in_force

It is hereby declared to be the policy of this State to:

(1) Provide maximum safety for all persons who travel or otherwise use the public highways of this State; and

(2) Deny the privilege of operating motor vehicles on our highways to persons who by their conduct and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this State, the orders of its courts and the statutorily required acts of its administrative agencies; and

(3) Discourage repetition of criminal acts by individuals against the peace and dignity of this State and the State’s political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of the motor vehicle laws.
21 Del. C. § 2141 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2141
§ Â
        2141. Inspection places.
Status: in_force

The Department shall provide and maintain 1 or more places in each county together with such facilities and such number of qualified inspectors as may be required for registration and inspection purposes.
21 Del. C. § 4602 — Delaware Code / Title 21 / Chapter 46 / Section 4602
§ Â
        4602. Exemptions.
Status: in_force

Section 4601 of this title shall not apply to:

(1) The introduction, manufacture for introduction, transportation, distribution, sale or possession in this State of motor vehicle master keys for use in the ordinary course of business by any bona fide locksmith, vehicle manufacturer, lock manufacturer, common carrier, contract carrier, new or used car dealer, rental car agency, automobile club or association or any department, agency or instrumentality of:

a. This State;

b. The United States; or

c. Any political subdivisions of any such entity;

(2) The shipment, transportation or delivery for shipment in this State of motor vehicle master keys in the ordinary course of business of any common carrier or contract carrier.
21 Del. C. § 2607 — Delaware Code / Title 21 / Chapter 26 / Section 2607
§ Â
        2607. Commercial driver license required.
Status: in_force

(a) Except when driving under a CLP and accompanied by the holder of a commercial driver license valid for the vehicle being driven or while being tested by the Department for a commercial driver’s license, no person may drive a commercial motor vehicle unless the person holds a commercial driver license and applicable endorsements valid for the vehicle being driven and is in possession of such license.

(b) No person may drive a commercial motor vehicle while that person’s driving privilege is denied, withdrawn, barred, canceled, suspended, revoked, or disqualified.

(c) No person may drive a commercial motor vehicle in violation of an out-of-service order.

(d) No person may drive a commercial motor vehicle while an out-of-service order is in effect while transporting hazardous materials required to be placarded or while operating a vehicle designed to transport 16 or more passengers, including the driver.

(e) Conditional or occupational licenses may not be issued to holders of a CDL or CLP, nor may any person drive a commercial motor vehicle while in possession of a conditional or occupational license.

(f) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.
21 Del. C. § 4317 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4317
§ Â
        4317. Protectors or flaps behind rear wheels of vehicles.
Status: in_force

(a) No person shall operate, cause or permit to be operated any bus or commercial motor vehicle having a gross weight of 8,000 pounds or more, including semitrailers and trailers, upon the highways of this State unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle or combination to prevent the projection of rocks, dirt, water or other substances to the rear and to minimize side spray.

(b) The flap, shield or other device shall extend down from the vehicle’s body to not more than 8 inches above the road surface, but not more than 15 inches when the vehicle is in an unloaded condition. The protector or flap shall extend laterally at least the width of the tire being protected.

(c) If any bus or commercial motor vehicle, including semitrailers and trailers, is so designed or constructed that the objectives in subsection (a) of this section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied.

(d) This section shall not apply to any farm tractor or to uncoupled truck tractors or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.

(e) The Director of the Division of Motor Vehicles shall set and adopt such regulations as are necessary to implement this section.

(f) Whoever violates 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. § 4142 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4142
§ Â
        4142. Pedestriansâ right-of-way in crosswalks.
Status: in_force

(a) When traffic-control signals are not in place or not in operation or when the operator of a vehicle is making a turn at an intersection, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(c) Subsection (a) of this section shall not apply under the conditions stated in § 4143(b) of this title.

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
21 Del. C. § 4342 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4342
§ Â
        4342. Obstructed lights not required.
Status: in_force

Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
21 Del. C. § 6405 — Delaware Code / Title 21 / Chapter 64 / Section 6405
§ Â
        6405. Possession with intent to defraud.
Status: in_force

No person shall, with intent to defraud, possess a motor vehicle knowing that the odometer of such vehicle is disconnected or nonfunctional.
21 Del. C. § 2724 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2724
§ Â
        2724. Medical evaluation of drivers; suspension; review.
Status: in_force

(a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally qualified to be licensed, the Secretary will mail to the licensed driver or applicant for a license a registered letter with return receipt requested stating the need for a medical or optometric evaluation along with instructions. Attached to this letter will be a physical or visual examination report. The individual so notified shall be required within 30 days from the date of notification to have this report completed. The individual so notified shall make arrangements to be examined by a private physician or private optometrist of the individual’s choice at the individual’s expense, or, if it is determined by the Secretary that the individual is unable to pay for this examination, the Secretary shall arrange with a deputy health officer of the State to have this examination performed. The completed report shall be forwarded by the examining physician or optometrist to the Secretary.

(b) If this report is not received within the 30 days or if a reasonable explanation for the delay is not received, the Secretary shall notify the individual that the individual’s driving privilege has been suspended until such report is received and evaluated.

(c) The Secretary shall review the report to determine if the case warrants submission to the Medical Advisory Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall be returned to the Secretary with the indication that there is no apparent need for action based on medical impairment. If the information in the medical or optometric report warrants review by the Board, a copy of the report shall be forwarded to each member of the Board for evaluation. In case of a vision problem the report shall also be forwarded to the optometric or ophthalmological consultants.

(d) After review, each member of the Medical Advisory Board and the vision consultants shall report their recommendations to the Secretary. The members of the Board and the vision consultants shall not meet as a group unless such a meeting is called by the Chairperson, but rather each member and consultant shall arrive at an opinion independently and shall inform the Secretary of the member’s or consultant’s recommendations. These recommendations may involve any of the following by way of illustration but not of limitation:

(1) No action against driver or applicant;

(2) Periodic medical or optometric evaluation;

(3) Specific license restrictions;

(4) Further medical or optometric evaluation;

(5) Driver improvement activity, including retesting;

(6) License suspension.

(e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed, refused, issued a restricted license or have the license suspended.

(f) Upon the decision of the Secretary, the Department shall notify the driver or applicant and shall afford the driver or applicant an opportunity of a hearing before the Department in the county where the driver or applicant resides. Upon such hearing, the Secretary may rescind the order upon a showing of good cause.

(g) Members of the Board and vision consultants and other persons making or evaluating examinations shall not be held liable for their opinions and recommendations.
21 Del. C. § 309 — Delaware Code / Title 21 / Chapter 3 / Section 309
§ Â
        309. Sale of motor vehicle in possession of Secretary of Safety and Homeland Security.
Status: in_force

(a) Whenever the owner or person entitled to the possession of any motor vehicle, or part thereof, in the custody of the Secretary of Safety and Homeland Security (hereinafter “Secretary”) cannot be located and fails to claim the motor vehicle, or part thereof, for a period of 3 months after the motor vehicle, or part thereof, came into the custody of the Secretary, the motor vehicle may be disposed of by the Secretary at public sale at some place which is convenient and accessible to the public at any time between the hours of 10:00 a.m. and 6:00 p.m.

(b) The time, place and terms of the sale, together with a full detailed description of the motor vehicle, or part thereof, shall be inserted in 1 or more newspapers published in the city or county where the sale is to take place at least once each week for 2 successive weeks prior to the sale. A registered notice shall be mailed at least 10 days prior to the sale to the owner, lienholder, if any, shown on the records of the Secretary of Safety and Homeland Security or person entitled to the possession of the motor vehicle, or part thereof, if such person’s address be known, or if it can be ascertained by the exercise of reasonable diligence. If the address cannot be ascertained by the exercise of reasonable diligence, then such notice shall not be required to be given.

(c) Any excess in the amount of the selling price of the motor vehicle, or part thereof, at the sale, over and above the expenses thereof, and the amount of the storage and repair charges incurred by the Secretary of Safety and Homeland Security (hereinafter “Secretary”) during the period in which the motor vehicle, or part thereof, was in the Secretary’s custody, and after the payment of all liens to which the motor vehicle, or part thereof, may be subject, in order of their priority, shall be accounted for and deposited by the Secretary to the credit of the State Treasurer as other receipts of the Department. If the owner or person entitled to the possession of the motor vehicle, or part thereof, presents to the Secretary a claim for such excess at any time within 1 year from the date of the sale, the Secretary shall draw a warrant upon the State Treasurer for such excess and such excess shall thereupon be paid over by the State Treasurer to the owner or person entitled to the possession of the motor vehicle, or part thereof.
21 Del. C. § 502 — Delaware Code / Title 21 / Chapter 5 / Section 502
§ Â
        502. Signs on private property.
Status: in_force

The Department of Transportation may erect and maintain all appropriate signals, lights or any other type of sign on private property over which the Department of Safety and Homeland Security has assumed jurisdiction. Nothing in this section shall be construed to prohibit the erection and maintenance of signs and signals by the private owners of the real property, so long as such signs and signals are for the safety and convenience of the public and are approved by the Department of Transportation.
21 Del. C. § 2301 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2301
§ Â
        2301. Certificate of title required before vehicle registered or operated.
Status: in_force

(a) The Department shall not register or renew the registration of any motor vehicle or truck tractor unless and until the owner thereof makes application for and is granted an official certificate of title for such vehicle or presents satisfactory evidence that a certificate of title for such vehicle has been previously issued to such owner by the Department.

(b) The owner of a motor vehicle registered in this State shall not operate or permit the operation of any such vehicle upon any highway without first obtaining a certificate of title therefor from the Department nor shall any person operate any such vehicle upon the highways knowing or having reason to believe that the owner has failed to obtain a certificate of title therefor.

(c) The Department shall not register any motor vehicle, truck tractor, trailer or motorcycle after July 1, 1969, until the motor vehicle document fee imposed by § 3002 of Title 30 has been paid to the Department, unless such motor vehicle is exempted from such fee by § 3002 of Title 30.

(d) The Department shall not transfer the title of a mobile home or house trailer to a new owner until all county taxes levied by the jurisdiction in which the trailer is located have been paid in full. The Receiver of Taxes and County Treasurer of Kent County may charge a fee in such amount as is established by the Kent County Levy Court for issuing a letter of certification as to the county taxes.
21 Del. C. § 420 — Delaware Code / Title 21 / Chapter 4 / Subchapter II / Section 420
§ Â
        420. General authority.
Status: in_force

(a) If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and the payment of registration, license or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on highways in that jurisdiction, as compared with the miles traveled on highways in other jurisdictions, or on any other equitable basis of apportionment, and if that jurisdiction exempts vehicles registered in other jurisdictions under that apportionment basis from the requirements of full payment of its own registration, license or other fixed fees, the Secretary of the Department of Transportation by agreement may adopt the exemption as to vehicles of those fleets, whether owned by residents or nonresidents of this State and regardless of where the vehicles are based.

(b) Under the terms, conditions or restrictions that the Secretary of the Department of Transportation consider proper, these agreements may provide:

(1) That owners of vehicles operated in interstate or combined interstate and intrastate commerce in this State may pay registration, license, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on highways in this State, as compared with the miles traveled on highways in other jurisdictions or on any other equitable basis of apportionment; or

(2) a. For issuance of trip permit registration; and

b. For collection of a fee for any vehicle or combination of vehicles which may be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.

(c) The registration of fleet vehicles under this section is subject to the rights, terms and conditions granted by or contained in any applicable agreement, arrangement or declaration made by the Secretary of the Department of Transportation.

(d) If the departments enter into any agreement under the authority of this section, and the provisions set forth in the agreement are in conflict with any other rules or regulations by the departments, the agreement’s provisions shall prevail notwithstanding.
21 Del. C. § 2123 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2123
§ Â
        2123. Number plates for elective or constitutional officers of the State and for state and federal judges.
Status: in_force

(a) Upon written application, the Department shall furnish, without charge, to any state elective or constitutional officer, including members of both branches of the General Assembly, to the members of the judiciary (including the Judges of the United States District Court for the District of Delaware and United States Court of Appeals for the Third Circuit, resident in Delaware) and to the Representatives and Senators of the State in the Congress of the United States, a set of special plates for each motor vehicle owned by such person and on which the required registration fee has been paid, but not to exceed 2 sets of plates for each individual, which plates shall supersede, during such person’s term of office and while such motor vehicle is owned by such person, the regular number plates assigned to such motor vehicle if at all times the necessary registration fee or fees have been paid for such motor vehicle.

(b) Each special plate furnished pursuant to this section shall have displayed thereon:

(1) Initials of the individual, except that the plates furnished to the Governor, Lieutenant Governor and Secretary of State may display the numerals 1, 2 and 3, respectively, in place of their initials;

(2) Designation of the person’s office;

(3) Word “Delaware”;

(4) Words “The First State”;

(5) “Coat of arms” of the State;

(6) Expiration date of the license plate; and

(7) Blue letters on a gold background.

(c) It shall be lawful to display the state “coat of arms” on special plates furnished pursuant to this section, notwithstanding § 2306 of Title 29, and the written consent of the Secretary of State for such use shall not be required.
21 Del. C. § 2313 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2313
§ Â
        2313. Refusal or revocation of certificate of title â Hearing; notice.
Status: in_force

No outstanding certificate of title shall be revoked by the Department without notice to the owner of the vehicle and a hearing. The notice shall be served in person or by registered mail.
21 Del. C. § 4118 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4118
§ Â
        4118. Limitations on overtaking on the left.
Status: in_force

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable.
21 Del. C. § 2140M — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140M
§ Â
        2140M. Special registration plates supporting the Boy Scouts of America.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special “Boy Scouts of America” registration plate.

(b) This section applies to:

(1) A private passenger vehicle; or

(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.

a. The motor vehicle described in this paragraph may be owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.

b. A truck that qualifies to register for the International Registration Plan (IRP), individually, or as part of a combination of vehicles, pursuant to § 420 of this title, may not be issued a special plate under this section.

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

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

(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited with Del-Mar-Va Council, Boy Scouts of America.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Boy Scouts of America. The numbers or letters assigned will be the same as the current license plate assigned to the vehicle. The committee may, at its discretion, drop the wording “The First State” and substitute in place thereof the wording “Boy Scouts of America”. 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.
21 Del. C. § 2110 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2110
§ Â
        2110. Renewal of registration; new card and plate; cancellation of renewal by owner prior to effective date.
Status: in_force

(a) Prior to the expiration of the period for which a vehicle is registered pursuant to § 2109 of this title, the registration may be renewed to extend from the date of expiration for an additional period of 6 months or 1 year or 2 years, and the effective date of the renewed registration shall be based on the calendar day the vehicle was titled. Vehicles no more than 7 model years old may be renewed for up to 72 months based on a prorated model year formula established by the Division of Motor Vehicles.

Any time prior to the expiration of the period for which a vehicle is registered with a commercial, trailer or farm truck license plate, the registration thereof may be renewed to extend from the date of expiration for an additional period of 3 months, 6 months, 1 year or 2 years.

(b) Upon renewing the registration of any vehicle or upon reregistering any vehicle, the Department shall furnish a new registration plate or plates showing the new registration period or the expiration date thereof and shall issue a new registration card or appropriately endorse the new registration period on the original card.

(c) A renewal registration of a vehicle for an additional period to take effect at the expiration of the registration thereof may be canceled on application to the Secretary at any time before the renewal registration is to take effect, and thereupon the Secretary shall refund to the owner the registration fee so paid for such renewal registration upon the receipt for cancellation by the Secretary for any such renewal registration card or registration plates, or both, issued pursuant to such renewal and otherwise cancel any endorsement of such renewal entered on the original card.

(d) Notwithstanding the provisions of subsections (a), (b) and (c) of this section, the registration of any trailer with a gross registered weight of 4,000 pounds or less and for which the annual safety inspection is waived may be renewed for 3 years, at the option of the owner. If this option is selected, the registration fee shall be 3 times the annual registration fee.

(e) In calculating the prorated fees or combined annual fees payable pursuant to this section, the fees shall be calculated using the rates in effect or scheduled to be in effect during the period of the prorated or extended registration.
21 Del. C. § 301 — Delaware Code / Title 21 / Chapter 3 / Section 301
§ Â
        301. General duty of Departments.
Status: in_force

The Department of Transportation and/or the Department of Safety and Homeland Security, in keeping with their respective responsibilities, and all officers thereof shall enforce this title, unless otherwise designated in this title or by other laws of this State.
21 Del. C. § 2332 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2332
§ Â
        2332. Notation of liens and encumbrances on certificate of title.
Status: in_force

Each certificate of title shall contain a statement of the owner’s title and of the liens and encumbrances upon the vehicle therein described as noted in the application and whether possession is held by the owner under a lease, contract of conditional sale or other like agreement.
21 Del. C. § 4207 — Delaware Code / Title 21 / Chapter 42 / Section 4207
§ Â
        4207. Uniformity of interpretation.
Status: in_force

Chapters 41 and 42 of this title shall be so interpreted and construed as to effectuate the general purpose of those chapters to make uniform among the states the law relating to motor vehicles.
21 Del. C. § 2174 — Delaware Code / Title 21 / Chapter 21 / Subchapter VI / Section 2174
§ Â
        2174. Penalties.
Status: in_force

Whoever violates this subchapter shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, such person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
21 Del. C. § 6909A — Delaware Code / Title 21 / Chapter 69A / Section 6909A
§ Â
        6909A. Damages, compensation, and penalties.
Status: in_force

(a) Where a nonconsensual tow was initiated or completed in violation of this chapter, the owner or operator of the nonconsensually-towed motor vehicle is entitled to reimbursement of all fees paid to the private tow company or storage facility, in addition to actual damages incurred to retrieve the motor vehicle. If a private tow company or storage facility fails to allow the owner or operator of a motor vehicle access to personal property in the vehicle as required by this chapter, the private tow company or storage facility is liable for consequential damages incurred by the owner or operator of the motor vehicle.

(b) If an owner or operator of a motor vehicle is entitled to reimbursement or damages under this section, all private tow companies and storage facilities involved in the nonconsensual towing and subsequent storage of the motor vehicle are jointly and severally liable for such reimbursement or damages.

(c) If a court holds that an owner or operator of a motor vehicle is entitled to reimbursement or damages under this section, the court shall order the reasonable attorneys’ fees and costs to the owner or operator of the motor vehicle be paid by the defendant or defendants in the action if all of the following are true:

(1) At least 10 business days prior to the filing of the action, the owner or operator of the motor vehicle made an offer of settlement to the defendant or defendants in an amount equal to or less than the amount finally awarded by the court to such owner or operator.

(2) The defendant or defendants rejected the offer of settlement. The failure of a defendant to respond to the offer of settlement within 10 business days is deemed to be a rejection of the offer.

(d) The remedies provided for in this section are not exclusive and are in addition to any other procedures, rights or remedies that exist with respect to any other provisions of law including but not limited to state or federal criminal prosecutions or actions brought by private parties.
21 Del. C. § 2144 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2144
§ Â
        2144. Other inspections; procedure; duty of owner.
Status: in_force

(a) At any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

(b) Every owner or driver upon receiving the notice prescribed in subsection (a) of this section shall comply therewith and shall, within the 5-day period, secure an endorsement upon such notice by an inspector of the Department that such vehicle is in safe condition and properly equipped and its equipment in proper repair and adjustment and shall then forward the notice to the Department. No person shall operate any such vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or the place of business of the owner or driver if within a distance of 20 miles or to a garage until the vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.
21 Del. C. § 6710 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6710
§ Â
        6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty; class E felony.
Status: in_force

(a) No person shall have in possession an assigned certificate of title, registration card, vehicle identification plate or warranty sticker or deliver for sale any assigned certificate of title, registration card, vehicle identification plate or warranty sticker unless such motor vehicle document is accompanied by 75% of the vehicle described on the assigned certificate of title, registration card, vehicle identification plate or warranty sticker.

(b) Any person found guilty of a 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. § 2152 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2152
§ Â
        2152. Optional provision for tractor trailer units.
Status: in_force

(a) The owner of every pickup truck, truck or truck tractor which is used to pull a semitrailer may elect to have the total gross load weight of the pickup truck, truck or truck tractor and semitrailer assessed against the pickup truck, truck or truck tractor and to pay the fees set forth in § 2151(3) of this title by filing with the Department an election form as provided by the Secretary.

(b) Upon election to have the total gross load weight assessed pursuant to subsection (a) of this section, an owner may have not more than 3 semitrailers, as designated by the owner, registered upon the payment of a $40 per year fee for each designated semitrailer. No other fee for registration of the semitrailer shall be required.

(c) The Secretary shall promulgate such rules and regulations as may be necessary to effectuate this section.
21 Del. C. § 315 — Delaware Code / Title 21 / Chapter 3 / Section 315
§ Â
        315. Failure to report change of address; penalty.
Status: in_force

Whoever, holding an operator’s license issued to such person under the laws of this State or having a motor vehicle or tractor registered in such person’s name under the laws of this State, fails or neglects within 1 month after any change of such person’s address to notify the Department of any such change of address shall be fined, for the first offense, not less than $10 nor more than $50. For each subsequent like offense, such person shall be fined not less than $50 nor more than $100.