2 Del. C. § 1802 — Delaware Code / Title 2 / Chapter 18 / Section 1802
§ Â
        1802. Regulation of public carriers.
Status: repealed

(a) The Department shall make and impose charges and fees for filing, copying, inspection and other services rendered pursuant to the powers granted by this chapter or in accordance with such rules and regulations as it may from time to time adopt.

(b) The Department shall, with the approval of the Secretary, prepare proposed rules and regulations governing the responsibilities of the public carriers it regulates. Adoption of these rules and regulations shall be as provided in subchapter II, Chapter 101 of Title 29. The rules and regulations as adopted, and as they may be from time to time amended by the Department, shall have the effect of law and shall remain in power and force until the same are amended or repealed by the Department.

(c) (1) The Department shall grant, upon an applicant’s proof of qualification as set forth in subsection (e) of this section, a certificate of public convenience and necessity. Such certificate shall authorize the certificate holder to operate motor vehicles for hire in public transportation. The certificate shall authorize the number of vehicles the certificate holder may operate, which number may be increased by subsequent application, in the Department’s discretion, and may contain restrictions or conditions related to such items as, but not limited to, geographic areas of operation, bonding, safety and maintenance, insurance, quality control and unfair competition; provided, however, that each holder of any such certificate, or of a successor “grandfather” certificate of public convenience and necessity obtained under subsection (c)(2) of this section, may not be limited to operate fewer vehicles than were in such holder’s authorized fleet of taxicab vehicles on December 31, 1991.

(2) The rules and regulations adopted pursuant to subsection (b) of this section shall provide that a certificate holder may request that the Department divide the certificate into as many certificates of public convenience and necessity as there are authorized vehicles. The certificate resulting from a division of the original certificate shall authorize the operation of only 1 vehicle per certificate. Each certificate of public convenience and necessity shall be a franchise and create a proprietary interest owned by the certificate holder, subject, however, to suspension or revocation by the Department upon a showing beyond a reasonable doubt that the certificate holder is knowingly operating or knowingly permitting operation of a vehicle, or the business authorized by the certificate, in disregard or violation of state law, the rules and regulations and/or applicable practices and orders of the Department.

(3) The rules and regulations adopted pursuant to subsection (b) of this section shall provide that the Department shall issue to each certificate holder a medallion or other identifying insignia, and that this medallion or other identifying insignia shall be physically affixed on the front quarter panels above the height of the front tires of the taxicab vehicle operated under that certificate. The rules and regulations also shall provide that the certificate holder may sell and assign each certificate, vehicle, medallion or other identifying insignia to another or others to operate in the taxicab business under such sold or assigned certificate. If the certificate holder replaces the vehicle identified by the medallion or insignia, the certificate holder, with the approval of the Department, shall affix the medallion or other identifying insignia to the vehicle replacing the former vehicle.

(4) No person who purchases a certificate of public convenience and necessity from a certificate holder as authorized by paragraph (3) of this subsection may commence operations as a public carrier without having first obtained from the Department a certificate of compliance. The Department will issue a certificate of compliance when the purchaser of a certificate of public convenience and necessity provides evidence to the Department to prove by a preponderance of the evidence that the purchaser has complied with subsection (e)(1)b., c. and d. of this section and is of good moral character as specified in subsection (e)(1) of this section.

(5) By its rules and practices, or by order, the Department shall provide for authority to management, maintenance and dispatching companies and organizations (i) to manage parts or all of the operations and businesses of certificated taxicab companies and operators, (ii) to maintain and repair taxicab vehicles for such companies and operators, and/or (iii) to provide radio dispatching of taxicab vehicles for such certificated taxicab companies and operators, pursuant to contractual arrangements made between such management, maintenance and dispatching companies and organizations, on the one hand, and, on the other, such certificated taxicab companies and operators. The Department shall have power to void any contracts and services of any such management, maintenance and dispatching company or organization upon proper and adequate proof of knowing and repeated noncompliance by such company with state law and/or the rules, regulations, practices and orders of the Department.

(d) The Department may, by its rules and regulations, authorize a holder of a certificate of public convenience and necessity to operate the public carrier business thereunder with vehicles leased by such holder to nonemployee independent contractor drivers who will operate such vehicles as such drivers under the authorization of said certificate of public convenience and necessity; provided, however, that the holder of the certificate of public convenience and necessity shall remain responsible for the proper operation and maintenance of said vehicles in said public carrier business and for the compliance with all laws, rules, regulations, practices and applicable orders; and provided further, that such nonemployee independent contractor drivers do not thereby become public carriers and do not thereby have any rights under this title as a public carrier. The Department may, by its rules and regulations, authorize a system of restricted certification where deemed to be appropriate and only in accordance with such terms and conditions as the Department shall determine. The Department shall have the power to void any leases and/or suspend or revoke the certificate of public convenience and necessity of any holder thereof upon proper and adequate proof of knowing and repeated noncompliance by such certificate holder or its lessees with such laws, rules, regulations, practices and orders.

(e) The Department may issue a certificate of public convenience and necessity upon satisfaction of the following terms and conditions and such other terms and conditions imposed by the Department:

(1) No public carrier shall commence any new operations, or continue any existing operations, without having first obtained from the Department a certificate of public convenience and necessity and having paid the registration fee therefor. Any public carrier which holds a certificate of public convenience and necessity issued by the Department on May 21, 1992 shall be deemed to have an existing certificate of public convenience and necessity as contemplated herein and may continue such operations authorized by the existing certificate of public convenience and necessity. The Department may, after notice and a hearing, impose such terms and conditions upon the certificate as may be required by the public convenience and necessity. The application for a certificate of public convenience and necessity shall be verified and contain a certification by the applicant that notice of the application has been sent to existing public carriers. In addition, the applicant shall be of good moral character, as shall be evidenced by exhibiting compliance with all applicable laws and regulations, and shall not have been convicted of a felonious or infamous crime involving fraud or deceit. The Department shall require the applicant for a certificate of public convenience and necessity to prove by a preponderance of the evidence the following:

a. That the proposed operations will serve a useful public purpose, a useful public necessity and a useful public convenience responsive to a public demand.

b. That the applicant, as to its proposed service and/or operations, has sufficient financial ability to compensate members of the public for injuries to person or property which they may sustain from acts or failures to act of the public carrier. To this end, the Department may require that an applicant post a bond to secure its performance for the first 2 years of its operation in this State.

c. That, as to the proposed service and/or operations, the applicant has complied with all applicable motor vehicle laws of the State, including, but not limited to, subchapter VI of Chapter 21 of Title 21, as the same may be amended and that the applicant will otherwise ensure that its vehicles are safely operated and maintained.

d. That, as to the proposed service and/or operations, the applicant is covered by and with a public liability and property damage policy or policies issued by a company licensed to conduct insurance business in the State with coverages in the amounts specified in this section.

(2) If the Department finds that the applicant has proven by a preponderance of the evidence subparagraphs a. through d. of paragraph (1) of this subsection, a certificate of public convenience and necessity shall be issued, unless an existing public carrier or a member of the public can prove by a preponderance of evidence that the applicant’s operation will have a significant adverse impact on the public health and safety or an adverse impact on existing carriers such as to impair their ability to serve the public. For the purposes of this section a preponderance of the evidence means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it. The burden of proof of significant adverse impact is on the intervenor.

(3) Any public carrier operating without a certificate of public convenience shall, upon such a finding by the Department, be liable for the payment of a penalty in an amount not to exceed $500 per day of operation for the 1st such finding, and not to exceed $1,000 per day for the 2nd or subsequent such findings. An action alleging failure to comply with the provisions of this section shall include an action alleging a continuing offense and the penalty contemplated herein shall be assessed for each day of operations in which a violation is proven.

(f) Whenever the Department, pursuant to its duties under this chapter, shall investigate the operations, services, rates, charges, accounting records or practices of any public carrier, including a public carrier operating without having received a certificate of public convenience and necessity, and shall hold a hearing in connection therewith, such public carrier shall be charged with and pay such portion of the expenses of the Department, and the compensation and expenses of its agents, representatives, consultants and employees as is reasonably attributable to such investigation, provided that notice of the intent to so charge the public carrier shall be given to the public carrier as soon as the Department makes such intent. This provision shall not apply to the compensation of the full-time employees of the Department. The Department shall have the power to subpoena such records and witnesses as it may require to carry on an investigation pursuant to this chapter.

(g) In order to maintain and foster the effective regulation of public carriers under this title, public carriers subject to regulation of the Department shall bear the expense of regulation by means of an assessment measured by the annual gross revenue of such public carriers. This assessment shall be in addition to all other fees and charges imposed by the Department pursuant to this title. Such assessment shall be in the amount equal to the product of .004 (4 mills) multiplied by the public carrier’s gross operating revenue for the applicable calendar year for which the assessment is made. Whenever a public carrier commences operations on a date other than January 1, so that it has not operated for a full calendar year prior to the date its assessment is calculated, such carrier’s assessment shall be prorated, based on the portion of the fiscal year during which the carrier operated.

(h) On or before April 1 of each year, each public carrier subject to this title shall file with the Department an annual gross revenue return. The annual returns shall be completed on a calendar year basis. Forms for such returns and amended returns shall be devised and supplied by the Department.

(i) All returns and the accompanying fees submitted to the Department by a public carrier, as provided in this section, shall be sworn to by an appropriate officer of the public carrier. The Department may audit each such return submitted and may take such measures as are necessary to ascertain the correctness of the returns submitted, and to require the correction of incorrect returns. All returns will be used for the regulatory purposes set out in this section, and shall not be open to public inspection under federal or state freedom of information statutes and shall be precluded from discovery or inspection as a privileged business record, except as otherwise provided by law. In default of compliance with this section, the public carrier shall be subject to the penalties provided in subsection (m) of this section.

(j) Each payment of the assessment imposed by this section is due by midnight of the date specified. Late filings will be subject to payment of a late penalty to be determined by the Department in its regulations. If a public carrier has failed to pay or has underpaid the proper amount, it shall pay interest to the Department of 1% of the amount due for each month or fraction thereof that such amount remains unpaid. The Department may enforce the collection of any delinquent payments by any legal action or other manner by which the collection of debts due the State may be enforced under the laws of this State.

(k) [Repealed.]

(l) All fees, licenses, assessments and other charges collected by the Department pursuant to this title shall be deposited in the Delaware Transportation Trust Fund to be used by the Department, subject to annual appropriations by the General Assembly for salaries and other routine operating expenses of the Department. All penalties or fines assessed and collected by the Department shall be deposited in said Fund to be used only for such purposes as described in this chapter.

(m) In default of compliance with this chapter, the rules and regulations, or any order of the Department when the same becomes effective, the public carrier shall be subject to (1) a penalty of up to $500 per day for every day during which such default continues, to be recovered in an action in the name of the State; and (2) the suspension, for a duration not to exceed 1 year, or revocation of the public carrier’s certificate of public convenience and necessity. The observance of the rules and regulations and orders of the Department may be compelled by mandamus or injunction. Within 10 days of receiving notice that it is in default of compliance, the public carrier may appeal to the Department for a hearing. Should the Department, after such hearing, determine that the public carrier remains in default of compliance, the public carrier may appeal to the Superior Court. Such an appeal will be on the record only and shall be taken as provided in Rule 72 of the Superior Court Civil Rules. The burden of proof of any such appeal is on the public carrier.

(n) Whoever knowingly performs, commits or does, or participates in performing, committing or doing, or knowingly causes, participates or joins with others in causing any public carrier to do, perform or commit, or advises, solicits, persuades or knowingly instructs, directs or orders any officer, agent or employee of any public carrier to perform, commit or do any act or thing prohibited by this chapter shall be fined not more than $2,000, or imprisoned not more than 6 months, or both.

(o) The Department is authorized to hire sufficient staff to carry out this chapter subject only to the funding granted by the General Assembly.

(p) The Department shall prescribe by rule, regulation or order minimum amounts and kinds of insurance which shall be carried by public carriers, provided that no public carrier shall be permitted to operate as such unless and until each and all of its vehicles transporting passengers shall be covered by and with a public liability and property damage insurance policy or policies issued by an insurance company authorized to do business in the State in the following minimum amounts:

(1) For all public carriers except those covered under paragraph (p)(2) of this section, $1,000,000 for death, bodily injury, and property damage and $1,000,000 for uninsured and underinsured insurance.

(2) For every taxicab owner or business entity with a valid certificate of convenience and necessity that is operating no more than 2 registered taxicab vehicles, all the following:

a. Liability insurance: $250,000 for death and bodily injury per person, $500,000 for death and bodily injury per incident, and $100,000 for property damage.

b. Uninsured and underinsured insurance: $100,000 for death and bodily injury per person, $300,000 for death and bodily injury per incident, and $50,000 for property damage.

c. Personal injury protection: $15,000 per person and $30,000 per incident.

(q) The Department shall have jurisdiction to review, investigate, conduct hearings, revise and approve all rates, fares, tariffs or charges imposed or sought to be imposed upon the public in accordance with the following:

(1) Every public carrier shall file with the Department complete schedules of every classification of fares or rates charged by it for service offered in this State. A current copy of all rates, fares or tariffs in effect shall be kept available for inspection by the public at the business office of the carrier and in or on each vehicle used by the public carrier in performing its services. Every application for a certificate of public convenience and necessity shall include a proposed rate schedule which shall be approved by the Department prior to its granting the certificate to the applicant.

(2) Rates, fares, tariffs or charges of each public carrier may be based upon the public carrier’s operating ratio or by reference to the rate base of the carrier, a fair rate of return for the carrier and the revenues and expenses of the carrier. The Department shall have access, upon reasonable notice, to all records, books and documents of a public carrier which the Department deems relevant in enabling it to act upon rates, fares, tariffs and charges of the carrier, including records, books and documents in the custody of a third party.

(3) No public carrier shall make, impose or exact any unjust or unreasonable or unduly preferential or unjustly discriminatory individual or joint rate or fare for any service supplied by it within this State.

(4) No public carrier shall put into effect any new rate or fare except after 30 days’ notice to the Department, which notice shall plainly state the new rate or fare and the time such new rate or fare will go into effect. The public carrier shall also post a notice of the new rate or fare at its place of business 30 days prior to the intended effective date of such new rate or fare. All proposed new rates or fares shall be published at least once a week for 2 consecutive weeks during the 30-day period in a newspaper of countywide circulation in each county in which the public carrier holds itself out to operate, in a form approved by the Department. The Department may, for good cause shown, permit temporary changes in fares to take effect without requiring the 30-day notice; provided, however, that such temporary changes shall be in effect for only so long as the request for same shall state. Any such temporary change shall be clearly posted at the public carrier’s place of business and in each of its vehicles.

(5) The Department may, either upon complaint or upon its own initiative, hold a hearing concerning the lawfulness of a rate or fare charged by a public carrier. Such hearing shall be scheduled 20 days after written notice to the public carrier and after notice of such hearing is published in a newspaper of general circulation in the county in which such carrier operates. The hearing will be conducted in accordance with the procedures set forth in § 101 of Title 29.

(6) The Department may, after notice and a hearing, in writing, fix just and reasonable individual rates or fares, joint rates or fares, charges or schedules thereof, as well as commutation, mileage and other special rates or fares, which shall be imposed, observed and followed thereafter by any public carrier affected by such order. An order entered in accordance with this subsection shall be effective 30 days following the date the order is issued, unless the Department, in its discretion, makes the order effective at an earlier date.

(7) In any hearing to determine the lawfulness of a rate, fare or charge imposed by the public carrier, the burden of proof that the rate, fare or charge is lawful is on the public carrier. The standard of review utilized by the Department to determine if any rate, fare, tariff or charges, whether proposed or approved, is lawful is whether said rate, fare, tariff or charge is reasonable and in accord with the public and the financial obligation of the public carrier, upon review by the Department of all surrounding circumstances.
2 Del. C. § 905 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Means of acquiring airport property.
Status: in_force

(a) Property needed by a political subdivision for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease or other means if such political subdivision is able to agree with the owners of the property on the terms of the acquisition, and otherwise by condemnation in the manner provided in § 906 of this title. Full power to exercise the right of eminent domain for such purposes is granted every political subdivision both within and without its territorial limits.

(b) The right of eminent domain granted in this section extends to and includes the right to acquire the fee simple title to land, or an easement, or a right-of-way in, to, over or above such land or property as the political subdivision deems necessary in making adequate and practical provisions for the removal of obstructions of any nature in approaches to an airport or landing field.

(c) The fact that the property needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the political subdivision by the exercise of the right of eminent domain herein conferred.
2 Del. C. § 1809 — Delaware Code / Title 2 / Chapter 18 / Section 1809
§ Â
        1809. Redemption of unused tickets.
Status: in_force

The owner or person operating any railroad, steamboat or other public conveyance shall provide for the redemption at such owner’s or operator’s general office of the whole or such parts of coupons of any ticket sold as the purchaser has not used, and shall redeem the same at a rate which shall be equal to the difference between the price paid for the whole ticket and the cost of a ticket between the points for which the portion of the ticket was actually used.
2 Del. C. § 945 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 945
§ Â
        945. Ordinances.
Status: in_force

Each political subdivision, acting jointly with another, pursuant to this chapter, may enact, concurrently with the other political subdivisions involved, such ordinances as are provided for by subdivision (2) of § 909 of this title, and to fix by such ordinances penalties for the violation thereof, which ordinances, when so concurrently adopted, shall have the same force and effect within the political subdivisions and on any property jointly controlled by them or adjacent thereto, whether within or without the territorial limits of either or any of them, as ordinances of each political subdivision involved, and may be enforced in any one of the political subdivisions in like manner as are its individual ordinances. The consent of the Department of Transportation to any such ordinance, where the State is a party to the joint venture, shall be equivalent to the enactment of the ordinance by a political subdivision. The publication provided for in subdivision (2) of § 909 of this title, shall be made in each political subdivision involved in the manner provided by law or charter for publication of its individual ordinances.
2 Del. C. § 175 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 175
§ Â
        175. Review of Departmentâs action.
Status: in_force

Any person aggrieved by an order of the Department, or by the granting or denial of any license, certificate, or registration may have the action of the Department reviewed by the Superior Court in the manner provided for the review of the orders of other administrative bodies of the State, and the rules of law applicable to such reviews shall apply.
2 Del. C. § 2003 — Delaware Code / Title 2 / Chapter 20 / Section 2003
§ Â
        2003. Projects.
Status: in_force

(a) Project. — Subject to subsection (c) of this section, the Secretary may entertain and solicit proposals from, and may negotiate and enter into agreements with, private entities or consortia thereof, for projects using in whole or in part private sources of financing involving (i) all or a portion of the study, planning, design, construction, leasing, financing, operation and maintenance of transportation systems, or (ii) the repair, and/or expansion, leasing, financing, operation and maintenance of existing transportation systems, or any combination of the foregoing.

(b) Eligibility. — The Secretary may entertain and solicit proposals from any source whatsoever; provided however, that the Secretary shall only enter into agreements regarding a transportation project that has been specifically authorized by the General Assembly, and that such authorization includes all material terms of the proposed project, including without limitation any terms concerning repayment of debt or capital to or for the benefit of any private entity; further provided (i) which has been authorized by the Delaware General Assembly (except that no agreement may be entered into which compels (A) direct or indirect expenditures or loans on the part of the State in excess of the total sum which may be appropriated by the Delaware General Assembly as the State’s financial participation with respect to said transportation system or; (B) credit enhancements which pledge the full faith and credit of the State); and/or (ii) for which the General Assembly has provided specific or categorical funding authorization for purposes of implementing this chapter; and (iii) which is consistent with § 8419(2)(a) of Title 29, applicable provisions of the Department’s long range transportation plan, any applicable recommendations developed by the Cabinet Committee on State Planning pursuant to Chapter 91 of Title 29, and applicable provisions of the Federal Clean Air Act [42 U.S.C. § 1857 et seq. and 42 U.S.C. § 7551].

(c) Proposals. — (1) The Secretary shall solicit proposals through a request for proposals pursuant to Chapter 69, Title 29, accompanied by material explaining of the Public-Private Initiatives Program enacted hereunder and describing the selection process and criteria. The Secretary may identify in these requests for proposals specific systems, corridors or routes for improvement.

(2) Alternatively, potential projects may be identified and proposed by any potential contracting party. Such unsolicited proposals will also be accepted provided they satisfy the criteria outlined in accordance with this chapter. In the event that an unsolicited proposal is deemed in compliance with this chapter and accepted for review, the Secretary shall publicly announce, not less than once a week for 2 consecutive weeks in a newspaper published or circulated in each county of the State, the acceptance of the unsolicited proposal along with a detailed description of the unsolicited proposal, and shall provide 60 days within which other interested parties may submit proposals relating to the same subject. Notwithstanding any other provisions of this Code to the contrary, all proposals made pursuant to this chapter may provide for the design-build mode of infrastructure development;

(3) Proprietary information contained in proposals not selected for projects and records of negotiations in progress shall be exempt from public disclosure.

(d) Fees authorized. — To offset a portion of the costs of initiating this program and reviewing proposals received for projects under this chapter, the Department is authorized to assess a non-refundable Proposal Review Fee for each proposal not to exceed $50,000.

(e) Selection and approval. — (1) The projects shall be selected by a project committee, chaired by the Secretary, consisting of the Secretary, the Director of Financial Management and Budget, the Chief Engineer of the Department of Transportation, and up to 4 other persons to be appointed by the Secretary. The projects shall be selected without regard to the provisions of Chapter 69 of Title 29.

Each proposal shall be weighed on its own merits and ranked according to the selection criteria stipulated in the request for proposals, provided that upon receipt of all proposals the project committee may group similar types of project proposals together for purposes of evaluation and selection, and provided further that the proposals selected by such committee from any such group of proposals must be those with the highest ranking within that group, and provided further that such committee may elect not to select any proposals from an established group of proposals, and provided further that as to similar proposals or proposals that are mutually exclusive so that the undertaking of 1 would preclude the need, desirability, or ability of undertaking the other, only the proposal with the highest ranking among such proposals shall be selected, and, subject to approval as set forth above, proceed to negotiations. Each of the agreements shall be negotiated individually as a stand-alone project.

(2) Each selected project must be subsequently approved, within 45 days of its selection, by both (i) the directly affected metropolitan planning organization or organizations and (ii) the Council on Transportation established under §  8409 of Title 29 or its successor, in that order. If a directly affected metropolitan planning organization approves a selected project, it shall be deemed to have given its approval to amend the Transportation Improvement Program to include such project. If the Council on Transportation approves a selected project, it shall be deemed to have given its approval to amend the State Capital Improvement Program to include such project. Approval for each selected project by the affected metropolitan planning organization and the Council on Transportation shall be based solely upon the project’s compatibility with State and regional transportation plans, compliance with applicable laws and regulations, and fiscal impact upon the State Capital Improvement Program or regional Transportation Improvement Program. If either organization disapproves a project, it shall set forth in writing its reasons for doing so. If neither approval nor disapproval is granted within 45 days after the proposal was delivered to any affected metropolitan planning organization or the Council on Transportation, the proposal shall be deemed approved by those organizations. Moreover, in the event that a project is disapproved as provided above, the Department may resubmit the plan or revise version thereof no sooner than 60 days after notification that the plan has been disapproved by either party.

(3) The Secretary shall promptly notify the Co-chairs of the Joint Bond Bill Committee of the Delaware General Assembly when a project has been duly selected by the project committee. After the Co-chairs’ receipt of such notice, the Co-chairs shall meet and either approve or reject the project. Upon their approval of the project, it shall be deemed as an amendment to the Capital Improvements Program for the fiscal year in which the approval is granted.

(f) Compliance. — Except as otherwise expressly provided in this chapter, all projects must comply with all applicable rules and statutes in existence at the time the agreement is entered into, including but not limited to this title, § 711 of Title 19, § 6960 of Title 29 and 49 C.F.R. Part 21, provided that the provisions of Chapter 69 of Title 29 other than § 6960 of Title 29 thereof shall not be applicable to the projects regardless of the use of State funds. Compliance with § 6960 of Title 29, or in the alternative, federal prevailing wage laws, shall be required without regard to the source of funds for a project. Each agreement may provide for protection for the contracting party from future discretionary regulatory changes which would substantially or materially change the terms and conditions or financial assumptions of the agreement.

(g) Financing. — (1) The Department is authorized, notwithstanding any other provision of this Code, to (i) use any federal, state or other funds, including without limitation funds obtained from or through the Delaware Transportation Authority, any loans from the Public-Private Initiatives Program Revolving Loan Fund established in § 2912 of this title and federal transportation funds, to finance, secure, guarantee, service project debt or repay project costs; and (ii) do such things as necessary and desirable to maximize the funding and financing of such projects, provided that private capital participation in the total capital cost for each project shall be negotiated with the other terms of the agreement. Notwithstanding other provisions of this chapter, the amount of such participation shall be taken into account in determining the negotiated rate of return on the investment in the project. In addition, the projected total percentage of public capital investment, as well as the limits of the Department’s financial liability for the project, shall be expressly disclosed in the agreement.

(2) The Department, either directly or through a designated party, may apply for, receive and accept from any federal agency or any other governmental body grants or financial support of whatever nature for any purpose described in this chapter. The Department may transfer or lend the proceeds of any such grant, or utilize such proceeds available for credit enhancement, to public agencies or contracting parties, on terms and conditions complying with applicable federal and state law.
2 Del. C. § 906 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Condemnation.
Status: in_force

(a) Whenever the political subdivision cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken, the political subdivision may institute condemnation proceedings in accordance with Chapter 61 of Title 10.

(b) In the determination of the compensation to be paid in any condemnation proceeding authorized by this section, there shall be paid either the value of the property and facilities taken or the cost of any changes in or relocation of the property and facilities, whichever is higher.

(c) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.
2 Del. C. § 2012 — Delaware Code / Title 2 / Chapter 20 / Section 2012
§ Â
        2012. Public-Private Initiatives Program Revolving Loan Fund.
Status: in_force

(a) Establishment of Fund. — There is hereby established a Public-Private Initiatives Program Revolving Loan Fund which shall be maintained and administered by the Department in accordance with the provisions of this chapter and such rules as the Department may from time to time prescribe. The Fund shall be available for the purpose of providing financial assistance in accordance with the provisions of this section. Subject to the provisions of any applicable bond resolution governing the investment of bond proceeds deposited in the Fund, the Fund shall be invested and reinvested in the same manner as other State funds. The Fund shall retain any investment earnings. Subject to the provisions of any applicable bond covenants or resolutions or any other applicable laws or regulations governing the Fund, the Department may, with the approval of the Delaware General Assembly, transfer monies from the Fund to the Transportation Trust Fund.

(b) Fund deposits. — The following shall be deposited in the Fund:

(1) Federal grants and awards or other federal assistance received by the State for the purpose of deposit therein and eligible for deposit therein under applicable federal law;

(2) State funds appropriated for deposit to the Fund;

(3) Payments received from any public or private agency in repayment of a loan previously made from the Fund or pursuant to 23 U.S.C. § 129(a)(7) or successor legislation;

(4) Net proceeds of bonds approved by the Delaware General Assembly which have been designated by the Delaware General Assembly for deposit in the Fund;

(5) Interest or other income earned on the investment of moneys in the Fund; and

(6) Any additional moneys made available to the Fund by the Secretary from any sources, public or private, including excess toll revenues, with the approval of the General Assembly for the purposes for which the Fund has been established.

(c) Accounting of deposits. — In order to facilitate the determination of the amount of funds available for financing Projects which meet either federal eligibility criteria or state eligibility criteria but not both, deposited funds commingled in the Fund shall also be accounted for separately based on whether their source is federal or state.

(d) Permitted uses of funds. — Amounts in the Fund may be used only:

(1) To make loans for the construction, reconstruction, resurfacing, restoring, rehabilitation or replacement of public or private toll transportation facilities or other transportation systems within the State, or the study of the feasibility thereof;

(2) To guarantee, or purchase insurance for, bonds, notes or other evidences of obligation issued by the contracting party developing a public or private toll facility or other transportation system for the purpose of financing all or a portion of the cost of such toll facility or system, if such action would improve the credit market access of the contracting party or reduce interest rates payable by such party;

(3) To earn interest on Fund accounts;

(4) For the reasonable cost of administering the Fund; and

(5) To be used for any purpose authorized by this chapter.

(e) Terms of loan agreements. — The following terms shall apply to all loans made from the Fund:

(1) Loans shall bear interest at the average rate of interest earned by the State’s pooled investment fund for the period beginning with the 1st month following the date that the loan is funded and ending on the last day of the month preceding the start of repayment; provided, however, that in the event the Department funds a loan with the proceeds of a bond issue, the rate of interest charged shall be no less than the cost the Department incurs to borrow such funds irrespective of the average rate of interest earned by the State’s pooled investment funds;

(2) Loan repayment shall begin no later than 5 years from the date that the facility or system is opened to toll traffic and shall be completed by no later than 30 years from the time the loan was obligated;

(3) The loan may be subordinated to other debt financing except for loans made by any other public agency; and

(4) Reasonable origination or processing fees may be charged.
2 Del. C. § 2106 — Delaware Code / Title 2 / Chapter 21 / Section 2106
§ Â
        2106. Authority, role, and responsibility of municipalities and counties.
Status: in_force

Nothing in this chapter may be construed to deny to a municipality or county its final decision making authority over proposed land use planning actions.
2 Del. C. § 1817 — Delaware Code / Title 2 / Chapter 18 / Section 1817
§ Â
        1817. Transportation utilities; intra and interline connections; switch connections.
Status: in_force

The Department may, after hearing, upon notice, by order in writing, direct any railroad, street railway, traction company, charter bus or passenger line, to establish and maintain at any junction or point of connection or intersection with any other line of such company, or with any line of any other railroad, street railway, traction company, charter bus, electric trackless trolley coach or passenger line, such just and reasonable connection as is necessary to promote the convenience of shippers of property, or of passengers, and in like manner may direct any railroad, street railway or traction company, engaged in carrying merchandise, to construct, maintain and operate upon reasonable terms a switch connection with any private sidetrack which may be constructed by any shipper to connect with the railroad, street railway or traction railway where, in the judgment of the Department, such connection is reasonable and practicable, and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same.
2 Del. C. § 162 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 162
§ Â
        162. Airports, landing areas and other air navigation facilities.
Status: in_force

The Department, through the Office of Aeronautics, may approve and license airports and helicopter landing sites or other air navigation facilities in accordance with regulations it adopts pertaining to such approval and licensure. Licenses granted under this section shall be renewed annually in conjunction with the Federal Aviation Administration sponsored airport survey program.
2 Del. C. § 1418 — Delaware Code / Title 2 / Chapter 14 / Section 1418
§ Â
        1418. Deauthorization of funds.
Status: in_force

Any funds authorized in a bond and capital improvements act for the Community Transportation Fund but not designated to a specific transportation project by June 30 of the third fiscal year of the appropriation shall be deauthorized; however, no such funds shall be deauthorized prior to July 1, 2005.
2 Del. C. § 2104 — Delaware Code / Title 2 / Chapter 21 / Section 2104
§ Â
        2104. District requirements.
Status: in_force

A Complete Community Enterprise District must meet all of the following requirements:

(1) Be contiguous.

(2) Be no more than 9 square miles in area.

(3) Be a compact shape that is not a linear corridor.

(4) Be zoned and otherwise regulated such that the District may be developed at a density that is high enough to enable frequent transit service to the residents of the District.

(5) Exempt all development on all parcels of land included in the District from any municipal or county requirements for the provision of off-street parking.

(6) Contain more total area zoned for residential use than is zoned for commercial or other uses. Each parcel of land within the District must be zoned to maximize the use of transit, walking, and bicycling by residents and employees.

(7) Consist of more than 1 parcel and part of at least 1 parcel must be within a ½ mile of any of the following:

a. An existing bus or rail stop where passengers can board and alight.

b. A planned or existing bus or rail station.

(8) Include adjacent neighborhoods within a ½ mile of a bus or rail stop or planned or existing bus or rail station.

(9) Be part of a master development plan for the District that maximizes the use of transit, walking, and bicycling by residents and employees, as required under § 2103(b)(2) of this title.
2 Del. C. § 902 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Public purpose and necessity.
Status: in_force

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, and the exercise of any other powers herein granted to political subdivisions, are public, governmental, county and municipal functions, exercised for a public purpose, and matters of public necessity, and such lands and other property, easements and privileges acquired and used by such political subdivisions in the manner and for the purposes enumerated in this chapter shall and are to be acquired and used for public, governmental, county and municipal purposes and as a matter of public necessity.
2 Del. C. § 1906 — Delaware Code / Title 2 / Chapter 19 / Section 1906
§ Â
        1906. Identification of TNC vehicles and TNC drivers and customer service.
Status: in_force

(a) The TNC’s online-enabled technology application service or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the prearranged ride, before the rider enters the TNC driver’s vehicle.

(b) A TNC driver must display on the TNC driver’s vehicle at all times while logged into a TNC’s digital platform, a sign, emblem, or logo that can sufficiently identify the vehicle as being associated with the TNC or its associated digital platform.

(c) A TNC must provide a customer support telephone number, email address, or hyperlink on its digital application or website.
2 Del. C. § 1304 — Delaware Code / Title 2 / Chapter 13 / Section 1304
§ Â
        1304. Established; Director.
Status: in_force

(a) There is hereby established a body corporate and politic, to be known as the “Delaware Transportation Authority.” The Authority shall be a public instrumentality of the State exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred by this chapter is hereby determined to be an essential governmental function of the State in order to create an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State. The exercise of power by the Authority pursuant to this chapter is hereby mandated by the State as sovereign, it being the intention of the State to displace competition with regulation or monopoly public service.

(b) All action by the Authority shall be taken by resolution of the Secretary, the Director of the Office of Financial Management and Budget and the Administrator of the Transportation Trust Fund.

(c) The Authority may be dissolved by an act of the General Assembly on condition that the Authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the Authority, all property, funds and assets thereof shall be vested in the State.

(d) The Authority shall make an annual report of its activities to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the General Assembly, the Controller General and the Auditor of Accounts. Each such report shall contain a complete operating and financial statement covering the Authority’s operations during the past fiscal year of the Authority and shall include copies of the audits required to be obtained by the Authority pursuant to this chapter.

(e) No director, officer, employee or agent of the Authority shall be interested, either directly or indirectly, in any project or in any contract, sale, purchase, lease or transfer of real or personal property to which the Authority is a party. The existence of any such interest shall not affect the validity of bonds issued pursuant to this chapter.

(f) No director, officer, employee or agent of the Authority shall be deemed to have forfeited or shall forfeit any other state office or employment or any benefits or emoluments thereof by reason of acceptance of an office of the Authority or services therefor, subject to this chapter.
2 Del. C. § 1915 — Delaware Code / Title 2 / Chapter 19 / Section 1915
§ Â
        1915. No street hails.
Status: in_force

A TNC driver shall not solicit or accept street hails.
2 Del. C. § 1307 — Delaware Code / Title 2 / Chapter 13 / Section 1307
§ Â
        1307. Subsidiaries.
Status: in_force

(a) The Authority may create or abolish 1 or more subsidiary corporations and grant to such subsidiaries any or all of the powers to perform the duties, functions or activities granted by this chapter to the Authority necessary or convenient to execute the powers and duties and to undertake the functions and activities granted by this chapter to the Authority with respect to any transportation facilities including but not limited to public transportation facilities and specialized transportation facilities except as proscribed by this section.

The Authority is authorized to create or abolish a subsidiary corporation called the “Delaware Transit Corporation” to be the parent corporation of all subsidiaries created pursuant to this section to provide public transit services. The Delaware Transit Corporation is declared to be a public benefit corporation constituting a public instrumentality of the State exercising public and essential governmental functions. The Delaware Transit Corporation and its public transportation services subsidiaries shall be under the direction and supervision of a Director who shall be appointed by the Secretary, with the written approval of the Governor, and who shall serve at the pleasure of the Secretary. The Director of the Delaware Transit Corporation may appoint a Deputy Director.

Each subsidiary shall have all the privileges, immunities, tax exemptions and other exemptions of the Authority. A subsidiary shall be created by filing with the Secretary of State a certificate of incorporation. Such certificate shall be filed by the Secretary. Such certificate shall set forth (1) the name of the subsidiary; (2) the address of the subsidiary; (3) the term of existence of the subsidiary; (4) the name of the original administrator of the subsidiary; (5) the purposes of the subsidiary; (6) the powers of the subsidiary granted by the Authority; and (7) such other matters as the Secretary may deem appropriate. If the Authority shall determine that 1 or more of its subsidiaries shall be a public benefit corporation, constituting a public instrumentality of the State exercising public and essential governmental functions, such certificate shall make such recital and such subsidiary shall be a body politic and corporate of the State.

The Authority shall have no power or right (1) to grant any subsidiary the power to issue bonds, notes or other obligations of the subsidiary evidencing an obligation of the subsidiary to repay borrowed money, except that any subsidiary may borrow money for operating expenses for no more than 12 months in such amounts as may be approved in writing by the Secretary; or (2) to grant, donate, pledge, assign or otherwise transfer or create an obligation to transfer any revenues of the Authority derived from the operation of the Delaware Turnpike.

Chapter 69 of Title 29 shall not apply to any contracts between any subsidiary and an agency or department of the State or any of its political subdivisions. Except as otherwise provided by law, all agencies and departments of the State and any of its political subdivisions that contract with subsidiaries for service shall provide payment for such services at least 1 month prior to the rendering of such service. Subsidiaries will provide such agencies a status of their respective accounts on a monthly basis.

(b) (1) All subsidiaries operating any public transportation facility or specialized transportation facility shall have authority to bargain collectively with labor organizations representing employees and may enter into agreements with such organizations relative to wages, salaries, hours, working conditions, health benefits, pensions and retirement allowances of such employees.

(2) In the case of any labor dispute between such a subsidiary and its employees where collective bargaining does not result in a settlement, the same may be submitted at the written request of either party to final and binding arbitration pursuant to any agreement entered into between the subsidiary and the employees so providing, or, in the absence of such provisions, with the written consent of both parties to an arbitration board composed of 3 persons, 1 appointed by the subsidiary, 1 appointed by the labor organization representing the employees and a third member to be agreed upon by the subsidiary and the labor organization or, if no such third member is mutually acceptable, selected from a list of 5 persons, to be furnished by the American Arbitration Association at the request of either party, by alternately striking 1 name until only 1 name remains.

(3) The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute.

(4) No employee of such a subsidiary shall strike while in the performance of official duties.
2 Del. C. § 901 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 901
§ Â
        901. Interpretation and construction.
Status: in_force

This chapter shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this State and other states and of the government of the United States having to do with the subject of aeronautics.
2 Del. C. § 301 — Delaware Code / Title 2 / Chapter 3 / Section 301
§ Â
        301. Definitions.
Status: in_force

When used in this chapter:

(1) “Airperson” includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight.

(2) “Aircraft” includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. However, a hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; but while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft.

(3) “Laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item or object.

(4) “Passenger” includes any person riding in an aircraft but having no part in its operation.
2 Del. C. § 141 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 141
§ Â
        141. Reports of investigations.
Status: in_force

In order to facilitate the making of investigations by the Department, in the interest of public safety and promotion of aeronautics, the public interest requires, and it is, therefore, provided that the reports of investigations or hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding, growing out of any matter referred to in the investigation, hearing or report thereof, except in case of criminal or other proceedings instituted in behalf of the Department or this State under the provisions of this chapter and other laws of this State relating to aeronautics, nor shall the Secretary of Transportation, or any officer or employee of the Department be required to testify to any facts ascertained in, or information gained by reason of, such person’s official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to the foregoing provisions, the Department may make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.
2 Del. C. § 926 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 926
§ Â
        926. Use of airport revenues.
Status: in_force

The revenues obtained from the ownership, control and operation of any airport or other air navigation facility shall be used, first, to finance the maintenance and operating expenses thereof, and, second, to make payments of interest on and current principal requirements of any outstanding bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess of the foregoing requirements may be applied to finance the extension or improvement of the airport or other air navigation facilities.
2 Del. C. § 1407 — Delaware Code / Title 2 / Chapter 14 / Section 1407
§ Â
        1407. Pledge of revenues.
Status: in_force

In addition to the provisions of the 2nd paragraph of § 1317 of this title, which paragraph shall apply to bonds issued by the Authority under this chapter, it is hereby declared that neither the resolution nor any other instrument by which a pledge of revenues, moneys or funds is created need be filed or recorded except in the records of the Authority.
2 Del. C. § 1417 — Delaware Code / Title 2 / Chapter 14 / Section 1417
§ Â
        1417. Budget of Authority.
Status: in_force

The expenditures of the Authority from the Transportation Trust Fund, including expenditures required to be made by resolutions or trust agreements made or to be made by the Authority, shall be approved annually by the General Assembly. The obligations under any such resolution or trust agreement shall be met solely from motor fuel taxes, motor vehicle document fees, motor vehicle registration fees, motor carrier road use taxes and registration fees, the moneys transferred or disbursed to the Transportation Trust Fund under §  307 of Title 21, receipts and revenues derived from the Delaware Turnpike and any other receipts and revenues of the Authority pledged and assigned to the holders of bonds of the Authority. The budget for capital and operating expenditures of the Authority payable from the Transportation Trust Fund shall be presented annually by the Authority to the General Assembly. If the General Assembly does not approve the operating budget of the Authority before July 1 for the year such budget is submitted, the operating budget, as submitted to the General Assembly, shall be deemed adopted by the Authority until such time as the budget is approved by the General Assembly, provided that the operating expenditures of the Authority shall not exceed similar expenditures of the Authority for the year before the budget year by more than a factor equal to the Consumer Price Index as defined in §  1320(f) of this title. Any obligations incurred by the Authority under an operating budget deemed adopted by the Authority shall be binding on the Authority. Failure by the General Assembly to approve the capital or operating budget of the Authority shall not affect or impair the obligation of the Authority to meet its obligations to holders of outstanding bonds. The provisions of Chapter 84 of Title 29, including the establishment of priorities for spending state funds, shall apply to available money and bonding capacity in the Transportation Trust Fund for highway projects. The Authority’s annual budget as prepared and approved shall reflect that a significant objective of this chapter is to achieve adequate funding and predictable implementation of the Department of Transportation’s Capital Transportation Program and other needs of the transportation system.
2 Del. C. § 911 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 911
§ Â
        911. Assistance to other political subdivisions.
Status: in_force

Whenever the governing body of any political subdivision determines that the public interest and the interests of the political subdivision will be served by assisting any other political subdivision in exercising the powers and authority granted by this chapter, the first-mentioned political subdivision is expressly authorized and empowered to furnish such assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of moneys, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the political subdivision were exercising the powers granted in its own behalf.
2 Del. C. § 501 — Delaware Code / Title 2 / Chapter 5 / Section 501
§ Â
        501. Adoption of Federal Aviation Regulations governing aircraft operations.
Status: in_force

The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the United States Code, as amended) and promulgated regulations concerning the operation of aircraft. The rules and regulations governing aviation are published in the Federal Aviation Regulations issued by the Federal Aviation Administration of the U.S. Department of Transportation. These regulations, as published and as subsequently amended, are hereby accepted and adopted as the laws of Delaware governing aircraft operation.
2 Del. C. § 1332 — Delaware Code / Title 2 / Chapter 13 / Section 1332
§ Â
        1332. Passenger rail carriers.
Status: in_force

(a) The General Assembly has determined as a matter of public policy that it is in the best interests of the citizens of Delaware to apply a limitation of liability for any passenger rail carrier, not otherwise protected under State law, in order to financially enable the Authority acting through the Delaware Transit Corporation and such rail carriers to provide such service. No legal or equitable action seeking damages for personal injury or death as a result of any operation, service or program shall be permitted, maintained or recovered against the owner and/or operator of passenger rail service within State boundaries which has contracted with the Authority acting through the Delaware Transit Corporation to provide such service except as otherwise indicated herein.

(b) It is the expressed intent of the General Assembly, as a matter of public policy, to extend the immunity of the State to all owners and operators of rail facilities and/or providing such rail operations pursuant to an agreement with the Delaware Transportation Authority acting through the Delaware Transit Corporation specifically referencing this section. Any such waiver of immunity from lawsuit or liability whether by operation of law or contract shall be strictly limited to the terms of this section.

(c) The Delaware Transportation Authority acting through the Delaware Transit Corporation is expressly given authority to contract with 1 or more rail service operators hereinafter referred to as “contractors” to maintain and operate rail service between points in Pennsylvania and Delaware, within Delaware and/or between points in Maryland and Delaware, and to indemnify and save harmless said contractors from any and all liability to the extent such indemnification shall be covered by insurance either through a commercially procured policy or through a self-insurance fund as shall be determined by the Authority acting through the Delaware Transit Corporation and approved by the General Assembly and in conformance with § 1329 of this title. For the purposes of this section, rail service operators shall include but not be limited to SEPTA (Southeastern Pennsylvania Transportation Authority), AMTRAK (National Railroad Passenger Corporation), MARC (Mass Transit Administration, Maryland Commuter Rail) and CONRAIL (Consolidated Rail Corporation).
2 Del. C. § 1317 — Delaware Code / Title 2 / Chapter 13 / Section 1317
§ Â
        1317. Revenues as trust funds; pledge or assignment of revenues; security interest.
Status: in_force

All moneys received pursuant to this chapter, whether as proceeds from sale of bonds, from grants or other contributions or other revenues, shall be trust funds, to be held and applied solely as provided in this chapter. A resolution authorizing the issuance of bonds and/or the execution and delivery of a trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof subject to such regulations as this chapter and such resolution or trust agreement may provide.

Any pledge or assignment of or other security interest in revenues and any other moneys, earnings, income, accounts, contract rights, general intangibles, instruments, chattel papers or other personal property, including motor fuel taxes, and annual motor carrier registration fees, made or created by the Authority shall be valid, binding and perfected from the time when such pledge, assignment or other security interest is created, without any physical delivery of the collateral or further act. The lien of any such pledge, assignment or other security interest shall be valid, binding and perfected as against all parties having claims of any kind in tort, contract or otherwise against the Authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge, assignment or other security interest is created nor any financing statement need be recorded or filed. This paragraph shall apply notwithstanding the Uniform Commercial Code.
2 Del. C. § 909 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 909
§ Â
        909. Specific powers of political subdivisions.
Status: in_force

In addition to the general powers in this chapter conferred, and without limitation thereof, a political subdivision which has established or may hereafter establish airports, restricted landing areas or other air navigation facilities, or which has acquired or set apart or may hereafter acquire or set apart real property for such purpose or purposes may:

(1) Delegations of authority. — Vest authority for the construction, enlargement, improvement, maintenance, equipment, operation and regulation thereof in an officer, a board or body of the political subdivision by ordinance or resolution which shall prescribe the powers and duties of the officer, board or body. The expense of construction, enlargement, improvement, maintenance, equipment, operation and regulation shall be a responsibility of the political subdivision.

(2) Rules, regulations and ordinances. — Adopt and amend all needful rules, regulations and ordinances for the management, government and use of any properties under its control, whether within or without the territorial limits of the political subdivision; may appoint airport guards or police, with full police powers; may fix by ordinance or resolution, as may be appropriate, penalties for the violation of its rules, regulations and ordinances, and enforce the penalties in the same manner in which penalties prescribed by other rules, regulations and ordinances of the political subdivision are enforced. For the purposes of such management and government and direction of public use, such part of all highways, roads, streets, avenues, boulevards and territory as adjoins, or lies within 100 feet of the limits of any airport or restricted landing area acquired or maintained under this chapter shall be under like control and management of the political subdivision. It may also adopt and enact rules, regulations and ordinances designed to safeguard the public upon or beyond the limits of private airports or landing strips within the political subdivision or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation. Rules, regulations and ordinances shall be published as provided by general law or the charter of the political subdivision for the publication of similar rules, regulations and ordinances. They must conform to and be consistent with the laws of this State and the rules and regulations of the Department of Transportation and shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules and standards issued from time to time pursuant thereto.

(3) Leases and sales. — Lease under such terms and conditions as it shall decide such airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation; may lease or assign under such terms and conditions as it shall decide to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of this chapter, space, area, improvements or equipment on such airports; may sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto and may confer the privileges of concessions of supplying upon its airports goods, commodities, things, services and facilities. In no case in so doing may the public be deprived of its rightful, equal, and uniform use thereof.

(4) Disposition of unnecessary property. — Sell or lease any property, real or personal, acquired for airport purposes and belonging to the political subdivision, which, in the judgment of its governing body, may not be required for aeronautic purposes, in accordance with the laws of this State, or the provisions of the charter of the political subdivision, governing the sale or leasing of similarly owned property.

The proceeds of sale of any property the purchase price of which was obtained by the sale of bonds shall be deposited in the sinking fund from which funds have been authorized to be taken to finance such bonds. In the event all the proceeds of the sale are not needed to pay the principal of the bonds remaining unpaid, the remainder shall be paid into the airport fund of the political subdivision. The proceeds of sales of property the purchase price of which was paid from appropriations shall be paid into the airport fund of the political subdivision.

(5) Charges and rentals; liens. — Determine the charges or rental for the use of any properties under its control and the charges for any services or accommodations, and the terms and conditions under which such properties may be used. In no case may the public be deprived of its rightful, equal and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the political subdivision. The political subdivision shall have and may enforce liens, as provided by law for liens and enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.

(6) Incidental powers. — Exercise all powers necessarily incidental to the exercise of the general and special powers herein granted.
2 Del. C. § 1314 — Delaware Code / Title 2 / Chapter 13 / Section 1314
§ Â
        1314. Authorization of state highway projects.
Status: in_force

(a) In order to assist the program of highway construction and reconstruction authorized in §§ 1312 and 1313 of this title, and in connection with the construction and reconstruction of the State’s unified transportation system, the State hereby authorizes the issuance of $9,145,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than 20 years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the purposes and in the amounts as set forth in the capital projects schedule attached to 62 Del. Laws, c. 164, and made a part thereof.

(b) In addition to such bonds, and in order to further assist such program of highway construction and reconstruction, the State hereby authorizes the issuance of $2,397,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than 10 years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the following purposes and in the amounts as set forth in the capital projects schedule attached to 62 Del. Laws, c. 164, and made a part thereof.

(c) Bonds issued pursuant to this section shall be issued by the State pursuant to Chapter 74 of Title 29.
2 Del. C. § 163 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 163
§ Â
        163. Refusal and revocation of license; registration or approval.
Status: in_force

The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area or other navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated by it pursuant thereto.
2 Del. C. § 904 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 904
§ Â
        904. Establishment of airports on waters and reclaimed land.
Status: in_force

(a) The powers granted in this chapter to a political subdivision to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this State within the limits or jurisdiction of or bordering on the political subdivision, any submerged land under such public waters, and any artificial or reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land under such public waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with the airport, and landing floats and breakwaters for the protection of any such airport.

(b) All the other powers granted in this chapter to political subdivisions with reference to airports on land are granted to them with reference to such airports in, over and upon public waters, submerged land under public waters, an artificial or reclaimed land.
2 Del. C. § 1306 — Delaware Code / Title 2 / Chapter 13 / Section 1306
§ Â
        1306. Aeronautics within the Department.
Status: in_force

Administration of the laws of this State appearing in Chapters 1, 3, 5, 7 and 9 of this title shall be administered by the Office of Aeronautics within the Department. The Secretary of the Department may appoint a person of suitable qualifications to administer the Office of Aeronautics.
2 Del. C. § 1324 — Delaware Code / Title 2 / Chapter 13 / Section 1324
§ Â
        1324. Damage to private property.
Status: in_force

All private property damaged or destroyed in the exercise by the Authority of the powers granted by this chapter shall either be restored or repaired and placed in its condition prior to such damage or destruction, as nearly as practicable, or adequate compensation made therefor, as determined solely by the Authority from funds available to the Authority.
2 Del. C. § 305 — Delaware Code / Title 2 / Chapter 3 / Section 305
§ Â
        305. Damage on land; liability.
Status: in_force

The owner of every aircraft which is operated over the lands or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping or falling of any object therefrom, whether such owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An airman who is not the owner or lessee shall be liable only for the consequences of the airman’s own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.
2 Del. C. § 1822 — Delaware Code / Title 2 / Chapter 18 / Section 1822
§ Â
        1822. Medical transportation by health-care facilities.
Status: in_force

Vehicles that are operated by: long-term care facilities, as defined in § 1102 of Title 16; hospitals as defined in § 1001 of Title 16; treatment facilities as defined in § 2203 of Title 16; providers who are qualified to provide treatment by the Department of Health and Social Services, including for day and residential services; and facilities where physical therapy is provided; may provide transportation services for their patients, clients or residents in accordance with a contract between the facility and a nonemergency medical transportation broker, without certification as a public carrier.
2 Del. C. § 1311 — Delaware Code / Title 2 / Chapter 13 / Section 1311
§ Â
        1311. Bonds.
Status: in_force

The Authority is hereby authorized to provide by resolution, at 1 time or from time to time, for the issuance of duly authorized bonds of the Authority for any of its corporate purposes, including the refunding of its bonds. The principal of, premium, if any, and the interest on any issue of bonds shall be payable solely from, and may be secured by, a pledge and assignment of revenues, provided, that the proceeds of any bonds may be used, pledged and assigned for the establishment of any or all reserves for such payment or security or for other corporate purposes as the Authority may authorize in its resolution authorizing the issuance of bonds or in a trust agreement securing the same.

The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times, may be redeemed before maturity, at the option of the Authority, at such price or prices and under such terms and conditions, all as may be fixed by the Authority prior to the issuance of the bonds. The Authority shall determine the form of the bonds including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State. The bonds shall be signed by the Secretary or shall bear the Secretary’s facsimile signature and the official seal of the Authority or a facsimile thereof shall be impressed, imprinted, engraved or otherwise reproduced thereon. The official seal or facsimile thereof shall be attested by the Director of the Office of Financial Management and Budget and/or the Administrator of the Transportation Trust Fund or by such other officer or agent as the Authority shall appoint and authorize and any coupons attached to such bonds shall bear the facsimile signature of the Secretary. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if the officer had remained in office until such delivery. All bonds issued under this chapter are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The Authority may sell such bonds in such manner, whether at public or private sale, and for such price, as it may determine to be in the best interests of the Authority. Neither the Secretary nor any person executing the bonds shall be personally liable on the bonds or be accountable by reason of execution of any bonds or the issuance thereof in accordance with this chapter.

The proceeds of the bonds of each issue shall be disbursed in such manner and under such restrictions, if any, as the Authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, subject to this chapter.

Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The Authority may also provide for the replacement of any bonds which shall become lost, stolen, mutilated or destroyed. Bonds may be issued under this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the State, and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter.

Any bonds issued under this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such bonds may pledge and assign revenues to which the Authority’s right then exists or may thereafter come into existence, and the moneys derived therefrom, and the proceeds of such bonds, but shall not convey or mortgage any road, highway, bridge, tunnel, overpass, underpass, interchange, entrance plaza, exit or approach constituting a portion of a turnpike. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the holders of bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation and maintenance of transportation facilities, the charges, fares, fees, rates, rentals and tolls to be imposed, the payment, security or redemption of bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of persons in connection with the undertaking, maintenance or operation of such transportation facilities. Any such trust agreement or resolution may set forth the rights and remedies of the holders of bonds and of the trustee, and may restrict the individual rights of action by holders of bonds. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the holders of bonds, subject to this chapter. All expenses incurred in carrying out such resolution or trust agreement may be treated as a part of the cost of the operation of a transportation facility.

It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority.

This section is intended and shall be construed to authorize the Authority to finance any transportation facility or any combination of transportation facilities by any combination of issues or series of bonds which may be secured by the pledge of revenues derived from any transportation facility or facilities or combination of such facilities designated by the resolution authorizing the issuance of such bonds or by any trust agreement securing such bonds.
2 Del. C. § 1503 — Delaware Code / Title 2 / Chapter 15 / Section 1503
§ Â
        1503. Quorum; officers; meetings; staffing and fiscal support.
Status: in_force

(a) The number of members who must be present at a council meeting in order to have a quorum and conduct official business is the majority of members. Counting for quorum does not include member positions that are vacant.

(b) The Council shall elect a chair from among its members. A chair serves for a 2-year term.

(c) The Council shall meet at least 4 times per calendar year. The Council shall comply with the Freedom of Information Act (Chapter 100 of Title 29) and post each meeting agenda, each meeting minutes, and other meeting materials on the State Public Meeting Calendar.

(d) The Department of Transportation, through the Planning Division, shall provide reasonable staff and fiscal support to assist the Council in performing its duties under this chapter.
2 Del. C. § 1814 — Delaware Code / Title 2 / Chapter 18 / Section 1814
§ Â
        1814. Railroad car brakes.
Status: in_force

No passenger train on any railroad shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall at all times be kept in good condition and ready for use at the discretion of the engineer.
2 Del. C. § 1325 — Delaware Code / Title 2 / Chapter 13 / Section 1325
§ Â
        1325. Employees of the Delaware Transit Corporation and subsidiaries.
Status: in_force

The Director and Deputy Director of the Delaware Transit Corporation shall be exempt from Chapter 59 of Title 29, as amended. All employees of any public or specialized transportation subsidiary, including persons directly employed by the Delaware Transit Corporation, and any other subsidiaries created pursuant to this chapter, shall also be exempt from the provisions of Chapter 59 of Title 29, as amended. Except as otherwise provided herein, such employees shall not be considered state employees for purposes of wages, salaries, fringe benefits or for purposes of any other benefits which may accrue to state employees whether exempt or merit employees, including benefits that may accrue under Executive Order No. 36 dated November 23, 1977. Such employees shall be considered state employees for the purposes of participating in the group medical insurance, workers’ compensation and deferred compensation plans available to state employees. Participation in, and the terms of, medical insurance, workers’ compensation and deferred compensation programs available through the State shall not be a subject of collective bargaining.
2 Del. C. § 133 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 133
§ Â
        133. Reports to federal agencies; preservation of aircraft involved in accidents.
Status: in_force

The Federal Aviation Administration has primary responsibility for investigating aircraft accidents. Initial reports of accidents may be directed by state and/or local police agencies that report such aeronautical accident information to the Department through the Office of Aeronautics. The Office of Aeronautics shall report to the appropriate federal agency all aeronautical accidents of which it is informed and shall cooperate with and assist federal agencies in the conduct of any investigation. Police agencies involved in any accident investigation shall preserve, protect and prevent removal of component parts of any aircraft involved in an accident until the investigating agency or Office of Aeronautics gives clearance for removal of the wreckage.
2 Del. C. § 931 — Delaware Code / Title 2 / Chapter 9 / Subchapter III / Section 931
§ Â
        931. Receipt of aid; expenditure of moneys.
Status: in_force

Every political subdivision may accept, receive and receipt for federal moneys, and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports and other air navigation facilities, and sites therefor, and comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys upon such airports and other air navigation facilities.
2 Del. C. § 704 — Delaware Code / Title 2 / Chapter 7 / Section 704
§ Â
        704. Condemnation.
Status: in_force

(a) The Department may exercise the right of eminent domain, in the name of the State, for the acquisition of real property for public purposes, for the purpose of acquiring any property which it is authorized by this title to acquire by condemnation. In such cases, whenever the Department cannot agree with the owner of any land, building, franchise, easement, or other property necessary to be taken, it may institute condemnation proceedings in accordance with Chapter 61 of Title 10.

(b) The right of eminent domain herein granted extends to and includes the right to acquire the fee simple title to land, or an easement, or a right-of-way in, to, over or above such land or property as the Department deems necessary in making adequate and practical provisions for the removal of obstructions of any nature whatsoever in approaches to an airport or landing field.

(c) In the determination of the compensation to be paid in any condemnation proceeding authorized by this section, there shall be paid either the value of the property and facilities taken or the cost of any changes in or relocation of the property and facilities, whichever is higher.

(d) The fact that the property so needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the Department by the exercise of the right of eminent domain herein conferred.

(e) For the purpose of making surveys and examinations relative to any condemnation proceeding, it is lawful to enter upon any land, doing no unnecessary damage.
2 Del. C. § 172 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 172
§ Â
        172. Standards for approving airport sites and licensing airports.
Status: in_force

In determining whether it shall issue a certificate of approval of a site or license for the use or operation of any proposed airport or restricted landing area, the Department shall take into consideration its proposed location, size and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions based on a proper glide ratio, the nature of the terrain, the nature of the uses to which the proposed airport or restricted landing area will be put, and the possibilities for future development.
2 Del. C. § 1810 — Delaware Code / Title 2 / Chapter 18 / Section 1810
§ Â
        1810. Erection and maintenance of telegraph and telephone lines by railroad.
Status: in_force

Every railroad corporation existing under the laws of this State may erect, establish and maintain telegraph or telephone lines for their own use, along and upon the lands and right-of-way of such railroad corporations.
2 Del. C. § 1404 — Delaware Code / Title 2 / Chapter 14 / Section 1404
§ Â
        1404. Establishment of Transportation Trust Fund.
Status: in_force

There is hereby established in the Authority a fund to be known as the “Transportation Trust Fund.” Except as otherwise provided by contract between the Authority and the holders of bonds of the Authority and excluding the receipts and revenues of subsidiary corporations of the Authority, all taxes, fees, charges, tolls, reimbursements and revenues collected or received by or paid or appropriated to the Authority and any amounts received from the Corps of Engineers in connection with the construction or reconstruction of a bridge in the area of the St. Georges Bridge shall be credited to the Transportation Trust Fund. In addition, the proceeds of bonds issued by the Authority and supported by a pledge or other interest in the money in the Transportation Trust Fund shall be held in or for the Transportation Trust Fund. The Transportation Trust Fund shall be deemed to be a special fund. There may be established in the Transportation Trust Fund 1 or more accounts to which shall be credited and from which there shall be paid the taxes, fees, charges, tolls and revenues credited to the Transportation Trust Fund. The Authority may transfer money from the Transportation Trust Fund to a special fund of the State to meet obligations of the State payable from the Transportation Trust Fund. No such money credited to the Transportation Trust Fund, or any account in the Transportation Trust Fund, shall be available to pay any bonds issued by the Authority pursuant to any trust agreement or other contract entered into by the Authority prior to the creation of the Transportation Trust Fund unless the Authority specifically agrees to the contrary after the adoption of this chapter. Nothing in this chapter shall adversely affect the security of any bonds issued by the Authority pursuant to a trust agreement dated as of September 1, 1979, as amended, between the Authority and the trustee for holders of bonds secured thereunder or pursuant to a trust agreement dated as of September 1, 1981, as amended, between the Authority and the trustee for holders of bonds secured thereunder. Notwithstanding other provisions of the Delaware Code, transfers from the Transportation Trust Fund to other public agencies for projects approved in the annual Capital Improvements Act shall not require the approval of the Budget Commission or be subject to Chapter 69 of Title 29. Projects for which Transportation Trust Fund appropriations are provided in the Suburban Street, Drainage and Miscellaneous funding category in the annual Capital Improvements Act shall, whenever the prevailing wage provisions of § 6960 of Title 29 would otherwise be applicable, be subject to the “highway construction” rate developed through the regulatory process implementing § 6960 of Title 29.

Subject to appropriations in the annual Capital Improvements Acts, the Department shall create a special account in the Fund for the purposes of capitalizing the Small Retail Gasoline Station Assistance Loan Fund (“Small Station Fund”) established in Chapter 74 of Title 7. This special account shall be subject to the following terms and conditions:

(1) The total authorization in any fiscal year for this Small Station Fund shall not exceed $4 million, including administrative expenses;

(2) The total authorization of moneys for the Small Station Fund shall not exceed $12 million;

(3) All loan repayments under this program shall immediately upon receipt be deposited into accounts of the Transportation Trust Fund; and

(4) A memorandum of understanding shall be executed between the Secretary of the Department of Transportation and the Secretary of the Department of Natural Resources and Environmental Control, which shall include the following:

a. An agreement as to eligibility requirements;

b. A cap on administrative expenses;

c. Provisions for auditing the Small Station Fund Program; and

d. A requirement for a Quarterly Activity Report on the administration of the Small Station Fund Program, showing the loans made, amounts repaid and an itemization of administrative expenses.
2 Del. C. § 2008 — Delaware Code / Title 2 / Chapter 20 / Section 2008
§ Â
        2008. Liability coverage; indemnification.
Status: in_force

Each agreement must require that liability insurance coverage of an amount appropriate to protect the project’s viability is secured and maintained by the contracting party. Each agreement may provide for State indemnification of the contracting party for design and construction liability where the State has approved relevant design and construction plans.
2 Del. C. § 135 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 135
§ Â
        135. State airways system.
Status: in_force

The Department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the State. It may chart such airways system and arrange for publication and distribution of such maps and charts and notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.
2 Del. C. § 1406 — Delaware Code / Title 2 / Chapter 14 / Section 1406
§ Â
        1406. Covenants with holders of bonds.
Status: in_force

In any resolution of the Authority authorizing or relating to the issuance of any bonds, or in any trust agreement securing the bonds, the Authority, in order to secure the payment of the bonds, and in addition to its other powers, shall have the power by provisions therein which shall constitute covenants by the Authority and contracts with the holders of the bonds:

(1) To pledge all or any part of its revenues or receipts to which its right then exists or may thereafter come into existence and other moneys, funds or contracts as the Authority shall determine and the moneys derived therefrom and the proceeds of any bonds;

(2) To covenant against pledging all or any part of its revenues or receipts or its agreements and the revenues derived thereunder or the proceeds thereof and other moneys or funds as the Authority shall determine and the moneys derived therefrom or against permitting or suffering any lien on any of the foregoing;

(3) To covenant with respect to limitations on any right to sell, lease or otherwise dispose of any property of any kind;

(4) To covenant as to any bonds, to be issued and the limitations thereof and the terms and conditions thereof and as to the custody, application, investment and disposition of the proceeds thereof;

(5) To covenant as to the issuance of additional bonds or as to limitations on the issuance of additional bonds and on the incurring of other debts by it;

(6) To covenant as to the payment of the principal or premium, if any, or interest on the bonds, as to the sources and methods of payment, as to the rank or priority of any bonds, with respect to any lien or security or as to the acceleration of the maturity of any bonds;

(7) To provide for the replacement of lost, stolen, destroyed or mutilated bonds;

(8) To covenant against extending the time for the payment of bonds or interest thereon;

(9) To covenant as to the redemption of bonds and privileges of exchange thereof for other bonds of the Authority;

(10) Subject to the rights and security interests of the holders from time to time of bonds theretofore or hereafter issued by the Authority, to covenant as to the enforcement of any term in any agreement, entered into pursuant to this chapter, to which the Authority is a party or an assignee, fixing amounts of funds to be paid over to and received by the Authority in each year or other period of time, including any term concerning the fixing of tolls and other charges on turnpikes as shall be necessary to provide the amounts of funds;

(11) To covenant to create or authorize the creation of special funds or moneys to be held in pledge or otherwise for payment or redemption of bond reserves or other purposes and as to the use, investment and disposition of the moneys held in the funds;

(12) To establish the procedure, if any, by which the terms of any contract or covenant with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given;

(13) To provide for the release of property, agreements or revenues and receipts from any pledge and to reserve rights and ownership in, or the right to dispose of, property which is subject to a pledge;

(14) To provide for the rights and liabilities, powers and duties arising upon the breach of any covenant, condition or obligation and to prescribe the events of default and the terms and conditions upon which any or all of the bonds of the Authority shall become or may be declared due and payable before maturity and the terms and conditions upon which any declaration and its consequences may be waived;

(15) To vest in a trustee or trustees within or without the State such property, rights, powers and duties in trust as the Authority may determine, and to limit the rights, duties and powers of such trustee;

(16) To execute all bills of sale, conveyances, deeds of trust and other instruments necessary or convenient in the exercise of its power or in the performance of its covenants or duties;

(17) To pay the costs or expenses incident to the enforcement of the bonds or of the resolution or of any covenant or agreement of the Authority with the holders of its bonds;

(18) To limit the rights of the holders of any bonds to enforce any pledge or covenant securing the bonds; and

(19) To make covenants, in addition to the covenants herein expressly authorized, of like or different character, and to make covenants to do or refrain from doing acts and things as may be necessary, or convenient and desirable, in order to better secure bonds or which in the absolute discretion of the Authority will tend to make bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated herein.
2 Del. C. § 171 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 171
§ Â
        171. Hearings for approval of airport sites or for licensing airports.
Status: in_force

Whenever the Department makes an order granting or denying a certificate of approval of an airport or a restricted landing area site, or an original license to use or operate an airport, restricted landing area or other air navigation facility, and the applicant or any interested political subdivision, within 15 days after notice of such order has been sent to the applicant by registered mail, demands a public hearing, or whenever the Department desires to hold a public hearing before making an order, such a public hearing in relation thereto shall be held in the political subdivision applying for the certificate of approval or license, or in case the application was made by anyone other than a political subdivision, at the county seat of the county in which the proposed airport, restricted landing area or other air navigation facility is proposed to be situated, at which hearing parties in interest and other persons shall have an opportunity to be heard. Notice of the hearing shall be published, at least twice, by the Department in a legal newspaper of general circulation in the county in which the hearing is to be held, the first publication to be at least 15 days prior to the date of hearing. After a proper and timely demand has been made the order shall be stayed until after the hearing, when the Department may affirm, modify or reverse it, or make a new order. If no hearing is demanded as herein provided, the order shall become effective upon the expiration of the time permitted for making a demand. Where a certificate of approval of an airport or restricted landing area site has been issued by the Department, it may grant a license for operation and use, and no hearing shall be demanded thereon.
2 Del. C. § 302 — Delaware Code / Title 2 / Chapter 3 / Section 302
§ Â
        302. Sovereignty in space.
Status: in_force

Sovereignty in the space above the lands and waters of this State rests in the State, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this State.
2 Del. C. § 912 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 912
§ Â
        912. Exclusiveness of jurisdiction.
Status: in_force

Every airport and other air navigation facility controlled and operated by any political subdivision, or jointly controlled and operated pursuant to this chapter, shall, subject to federal and state laws, rules and regulations, be under the exclusive jurisdiction and control of the political subdivision or subdivisions controlling and operating it and no other political subdivision in which such airport or air navigation facility may be located shall have any police jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes for the operations thereon. Such political subdivision or subdivisions shall have concurrent jurisdiction over the adjacent territory described in subdivision (2) of § 909 of this title.
2 Del. C. § 707 — Delaware Code / Title 2 / Chapter 7 / Section 707
§ Â
        707. Departmentâs functions and powers governmental.
Status: in_force

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of any airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, whether by the State separately or jointly with any political subdivision or subdivisions; the assistance of this State in any such acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation; and the exercise of any other powers herein granted to the Department are public and governmental functions, exercised for a public purpose, and matters of public necessity, and such lands and other property and privileges acquired and used by the State in the manner and for the purposes enumerated in this chapter shall and are to be acquired and used for public and governmental purposes and as a matter of public necessity.
2 Del. C. § 706 — Delaware Code / Title 2 / Chapter 7 / Section 706
§ Â
        706. Charges and rentals; lien.
Status: in_force

The Department may determine the charges or rental for the use of any properties and the charges for any service or accommodations under its control and the terms and conditions under which these properties may be used. No charge or rental under this section shall deprive the public of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expenses of operation to the State. The State shall have and the Department may enforce liens, as provided by law for liens and the enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.
2 Del. C. § 103 — Delaware Code / Title 2 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Delaware Aviation Advisory Council.
Status: in_force

In accordance with the intent and purpose of this chapter, as set forth therein, the Department is authorized to appoint and select members of a Delaware Aviation Advisory Council (DAAC), to assist the Department in furthering and promoting the interests of aviation in Delaware, as defined by Part I of this title. The Delaware Aviation Advisory Council shall serve in an advisory capacity and in that role shall have such power and authority as may be granted by the Secretary to recommend measures consistent with the intent and purposes set forth in this chapter. Such measures may include but are not limited to: supporting the Department in the planning and implementation of aviation system enhancements; supporting and promoting aviation education; recommending new or improvements to existing locations, facilities, programs, projects, equipment; and recommending other related activities to support and improve aviation. The Delaware Aviation Advisory Council shall consist of 9 members, which shall include at the least 1 representative from each of the following:

(1) A Fixed Base Operator (FBO);

(2) The Delaware River & Bay Authority (DRBA);

(3) An aviation education representative;

(4) A representative from corporate aviation;

(5) One representative each from New Castle, Kent and Sussex Counties; and

(6) Two at large members selected by the Secretary.
2 Del. C. § 170 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 170
§ Â
        170. Operation of airport, landing area, etc. without license; approval of site required before acquisition.
Status: in_force

(a) All proposed airports, restricted landing areas, and other air navigation facilities shall be first licensed by the Department before they, or any of them, shall be used or operated.

(b) Any political subdivision or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to the acquisition, make application to the Department for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve public interest.

(c) No political subdivision or officer or employer thereof, or person, shall operate an airport, restricted landing area, or other air navigation facility unless an annual license therefor has been issued by the Department.
2 Del. C. § 1823 — Delaware Code / Title 2 / Chapter 18 / Section 1823
§ Â
        1823. Medical transportation by stretcher van.
Status: in_force

Stretcher vans, as defined in § 1801 of this title may provide nonemergency medical transportation services in accordance with a contract between the owner or operator of such stretcher van and a broker of nonemergency medical transportation services, without certification as public carrier. At a minimum, stretcher van driver and attendant credentialing will include a yearly national criminal background check, yearly 10-panel drug test, and training appropriate to the level of service being provided. All vehicles used as stretcher vans will be required to pass a yearly inspection as well as random inspections as the broker deems necessary. In addition, stretcher van operators, not certified as public carriers must nonetheless comply with public liability insurance requirements applicable to public carriers.
2 Del. C. § 1813 — Delaware Code / Title 2 / Chapter 18 / Section 1813
§ Â
        1813. Badges of railroad conductor, baggage master and brakeman.
Status: in_force

Every conductor, baggage master or brakeman, of any railroad corporation employed in a passenger train, shall wear upon his or her hat or cap a badge which shall indicate his or her office and the initial letters of the name of the corporation by which he or she is employed. No conductor or collector of fares or tickets without such badge shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any powers of his or her office, and no officer without such badge shall have authority to meddle or interfere with any passenger, the passenger’s baggage or property.
2 Del. C. § 1819 — Delaware Code / Title 2 / Chapter 18 / Section 1819
§ Â
        1819. Appeal from Departmentâs order.
Status: in_force

(a) Any public carrier affected by any final order made by the Department, or any other original party to or any intervenor in the proceedings before the Department in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the Secretary of the Department either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.

(b) The appeal shall not be a trial de novo but shall be based upon the record before the Department.

(c) The scope of review before the Court shall be whether the Department’s decision is based on substantial evidence.
2 Del. C. § 1912 — Delaware Code / Title 2 / Chapter 19 / Section 1912
§ Â
        1912. Zero tolerance for drug or alcohol use.
Status: in_force

(a) The TNC shall implement a zero tolerance policy regarding a TNC driver’s activities while accessing the TNC’s digital platform. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged into the TNC’s digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.

(b) Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver’s access to the TNC’s digital platform, and shall conduct an investigation into the reported incident. The suspension shall last, at a minimum, the duration of the investigation.

(c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least 2 years from the date that a rider complaint is received by the TNC.
2 Del. C. § 924 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 924
§ Â
        924. Validation of prior bonds.
Status: in_force

In all cases where a political subdivision has issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing, constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site therefor, or to meet the cost of structures or other property incidental to their operation, whether such airport or other air navigation facility was termed under the law existing at the time of the issuance of such bonds an airport, a landing field, a landing strip, an aviation field or a flying field, or has incurred any other indebtedness, or entered into any lease or other contract in connection with the acquisition, establishment, construction, ownership, enlargement, control, leasing, equipment, improvement, maintenance, operation or regulation of any such airport or other air navigation facility, or site therefor, or structure or other property incidental to its operation, the proceedings heretofore taken in all such cases are in all respects validated and confirmed. Any bonds already issued thereunder are validated and made legal obligations of such political subdivision and the political subdivision is authorized and empowered, pursuant to such proceedings, to issue further bonds for such purposes up to the limit fixed in the original authorization thereof, without limitation of the general power granted in this chapter to all political subdivisions in this State, which bonds when issued shall be legal obligations of the political subdivision according to their terms.
2 Del. C. § 1327 — Delaware Code / Title 2 / Chapter 13 / Section 1327
§ Â
        1327. Operation of service stations.
Status: repealed

The Authority may lease a retail fuel outlet or service station to a manufacturer of petroleum products. The manufacturer, its subsidiary or agents may operate such outlet or service station notwithstanding § 2905 of Title 6 [repealed], as amended.
2 Del. C. § 2102 — Delaware Code / Title 2 / Chapter 21 / Section 2102
§ Â
        2102. Definitions.
Status: in_force

As used in this chapter:

(1) “Complete Community Enterprise District” or “District” means an area of a municipality or county, or both, that meets the criteria set forth in §§ 2103 and 2104 of this title.

(2) “Department” means the Department of Transportation.

(3) “Farebox recovery ratio” means the fraction of a transit system’s operating expenses which are met by the fares paid by passengers.

(4) “Level of service” means a qualitative measure describing operational conditions within a traffic stream based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience.

(5) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(6) “Project” means any State-funded capital-related improvement or addition to the State’s transportation infrastructure, including transit systems, facilities, stations and equipment, sidewalks, multi-use paths, protected bicycle lanes, and bicycle boulevards.
2 Del. C. § 1415 — Delaware Code / Title 2 / Chapter 14 / Section 1415
§ Â
        1415. Transfers of motor fuel tax revenues.
Status: in_force

Notwithstanding § 1310(c)(8) of this title, the Authority shall not transfer or disburse available money in the Motor Fuel Tax Reimbursement Fund to the General Fund of the State. The Authority shall reimburse the State from the Transportation Trust Fund an amount equal to the refunds payable by the State on motor fuel taxes pursuant to §§ 5120 and 5214 of Title 30, as amended.
2 Del. C. § 1326 — Delaware Code / Title 2 / Chapter 13 / Section 1326
§ Â
        1326. John F. Kennedy Memorial Highway.
Status: in_force

The Delaware Interstate Highways 295 and 95 leading from the Delaware Memorial Bridge to the Maryland state line shall be known as the “John F. Kennedy Memorial Highway.” The Authority shall cause to be erected suitable signs or markers to inform the public of the name of such highway.
2 Del. C. § 910 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 910
§ Â
        910. Encroachment upon airport protection privileges; abatement.
Status: in_force

No person shall build, rebuild, create, or cause to be built, rebuilt or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any airport protection privileges acquired pursuant to this chapter. Any such encroachment is a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances, or the political subdivision in charge of the airport or restricted landing area for which airport protection privileges have been acquired under this chapter may go upon the land of others and remove any such encroachment without being liable for damages in so doing.
2 Del. C. § 132 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 132
§ Â
        132. Coordination of aeronautics matters and activities with and between the federal government, political subdivisions and others.
Status: in_force

The Department shall cooperate with and assist the federal government, the political subdivisions of this State and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. To this end, the Department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this chapter or relating to the sound development of aeronautics, and may avail itself of the cooperation, services, records and facilities of such federal agencies, as fully as may be practicable, in the administration and enforcement of this chapter. It shall reciprocate by furnishing to the federal agencies its cooperation, services, records and facilities, insofar as may be practicable.
2 Del. C. § 1331 — Delaware Code / Title 2 / Chapter 13 / Section 1331
§ Â
        1331. Motor fuel tax.
Status: in_force

The provisions of Chapters 51 and 52 of Title 30 and Chapter 29 of Title 6 shall be administered by the Department of Transportation in the Office of Motor Fuel Tax. The Director of the Office of Motor Fuel Tax shall be transferred to the Department of Transportation and, notwithstanding any provision of § 1325 of Title 2 to the contrary shall be deemed to be employees of the State in the classified service with all the benefits accrued as merit employees as of July 1, 1992.
2 Del. C. § 943 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 943
§ Â
        943. Agreement for; contents.
Status: in_force

(a) Any 2 or more political subdivisions may enter into agreements with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint action pursuant to this subchapter. Concurrent action by the governing bodies of the political subdivisions involved shall constitute joint action.

(b) Each such agreement shall specify its term; the proportionate interest which each political subdivision shall have in the property, facilities and privileges involved, and the proportion of preliminary costs, costs of acquisition, establishment, construction, enlargement, improvement and equipment, and of expenses of maintenance, operation and regulation to be borne by each, and make such other provisions as may be necessary to carry out this subchapter. It shall provide for amendments thereof and for conditions and methods of termination; for the disposition of all or any part of the property, facilities and privileges jointly owned if the property, facilities and privileges, or any part thereof, shall cease to be used for the purposes herein provided or if the agreement shall be terminated, and for the distribution of the proceeds received upon any such disposition, and of any funds or other property jointly owned and undisposed of, and the assumption or payment of any indebtedness arising from the joint venture which remains unpaid, upon any such disposition or upon a termination of the agreement.
2 Del. C. § 142 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 142
§ Â
        142. Financial assistance to political subdivisions, public use airports and education programs.
Status: in_force

The Department may, through the Office of Aeronautics, render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of political subdivisions and public use airports and in the provision of training for formal educational programs from funds generated through fees, taxes and other sources applicable to aeronautics and administered by the Office of Aeronautics.
2 Del. C. § 602 — Delaware Code / Title 2 / Chapter 6 / Section 602
§ Â
        602. Erection or maintenance of obstructions; prohibitions.
Status: in_force

(a) A building permit issued by the county or municipality having land use jurisdiction, after review and approval as provided herein, shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which meets any of the following conditions:

(1) Is greater than 200 feet in height above ground level;

(2) Is greater in height than an imaginary trapezoidal shape, beginning at the end of a runway of a public use airport, at an initial width of 50 feet, and extending outward and upward at a slope of 100:1 for a distance of 20,000 feet, to a width of 3,000 feet at its ending point;

(3) Is located within the runway approach area of each public use airport in the State; or

(4) Otherwise constitutes an obstruction as defined in this title or acts as an obstruction to the operation of aircraft as those terms are defined by Federal Aviation Regulation (FAR) Part 77.

(b) Such building permit for each such object or structure will not be issued until such time as the Department of Transportation through the Office of Aeronautics has reviewed and approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction regarding any objections it has to the issuance of a building permit within 30 days of receipt of such permit for review.

(c) In order to provide safe aircraft approach areas to airport runways, the Department may, after notice and a hearing, enter upon any lands or improvements located thereon which are situated in said airport approach areas and may remove obstructions to aviation. Owners of obstructions that were erected prior to the enactment of or in compliance with this chapter are entitled to compensation for the removed obstruction and/or any damages incurred in the removal thereof from funds applicable to aeronautics and administered by the Office of Aeronautics. The process for condemnation of real property or improvements thereon under this chapter as required by applicable law and constitutional provisions shall be governed by the procedures set forth in Chapter 61 of Title 10 and Chapter 95 of Title 29.

(d) In order to ensure that new structures are not erected that pose potential obstruction hazards, it shall be unlawful to erect any new structure or add to any existing structure if such structure is thereby made to extend more than 200 feet above ground level at its site without giving prior notice to and obtaining prior approval from the Department.
2 Del. C. § 1902 — Delaware Code / Title 2 / Chapter 19 / Section 1902
§ Â
        1902. Not other carriers.
Status: in_force

TNCs or TNC drivers are not public carriers, as defined in Chapter 18 of this title, nor do they provide taxicab or limousine service. A TNC driver shall not be required to register with any state or local agency the vehicle such TNC driver uses to provide prearranged rides as a commercial or public carrier vehicle. A TNC driver shall also not be required to obtain a Delaware business license from the Delaware Division of Revenue.
2 Del. C. § 145 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 145
§ Â
        145. Cooperation with federal government.
Status: in_force

The Department may cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this State, and may comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports and other navigation facilities.
2 Del. C. § 1914 — Delaware Code / Title 2 / Chapter 19 / Section 1914
§ Â
        1914. Vehicle safety.
Status: in_force

The TNC shall verify on an annual basis that:

(1) Each TNC vehicle registered in Delaware that is required to pass a safety inspection for registration has a valid vehicle registration, which serves as proof that the vehicle passed its most recent safety inspection; and

(2) Each TNC vehicle with over 10,000 miles that is registered in another state has passed a motor vehicle safety inspection authorized or approved by a state government agency for personal vehicles; provided that, the initial safety inspection for a vehicle used by a new TNC driver may be conducted within 90 days of beginning service.
2 Del. C. § 708 — Delaware Code / Title 2 / Chapter 7 / Section 708
§ Â
        708. Tort liability.
Status: in_force

No action or suit sounding in tort shall be brought or maintained against the State or any political subdivision, or the officers, agents, servants or employees of the State or any political subdivision, on account of any act done in or about the construction, maintenance, enlargement, operation, superintendence or management of any airport or other air navigation facility.
2 Del. C. § 948 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 948
§ Â
        948. Specific performance of joint agreements.
Status: in_force

Specific performance of the provisions of any joint agreement entered into as provided for in § 943 of this title may be enforced as against any party thereto by the other party or parties thereto.
2 Del. C. § 922 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 922
§ Â
        922. Payment of purchase price and improvement costs; definition of âcost.â
Status: in_force

The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging or improving or equipping airports and other air navigation facilities, and the sites therefor, including structures and other property incidental to their operation, in accordance with this chapter may be paid for by appropriation of moneys available therefor, or wholly or partly from the proceeds of bonds of the political subdivision, as the governing body of the political subdivision shall determine.

As used in this section “cost” includes awards in condemnation proceedings and rentals where an acquisition is by lease.
2 Del. C. § 502 — Delaware Code / Title 2 / Chapter 5 / Section 502
§ Â
        502. Use of alcohol or drugs in connection with aircraft operations.
Status: in_force

The State recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airperson’s faculties due to the use of alcohol or drugs. In conformity with Parts 61, 65 and 91 of the Federal Aviation Regulations, upon reasonable suspicion that an airperson may be acting under the influence of alcohol or drugs or be in possession of illegal drugs, the airperson shall submit to alcohol and/or drug testing administered by the Delaware State Police. Test results shall be forwarded to the Federal Aviation Administration by the Department.
2 Del. C. § 311 — Delaware Code / Title 2 / Chapter 3 / Section 311
§ Â
        311. Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
2 Del. C. § 303 — Delaware Code / Title 2 / Chapter 3 / Section 303
§ Â
        303. Ownership of space.
Status: in_force

The ownership of space above the lands and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in § 304 of this title.
2 Del. C. § 1316 — Delaware Code / Title 2 / Chapter 13 / Section 1316
§ Â
        1316. Bonds as legal investments; legal deposit.
Status: in_force

Bonds issued pursuant to this chapter are securities in which all state officers and officers of political subdivisions, administrative departments, boards and commissions of the State, all banks, bankers, savings banks and institutions, building and loan associations, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital, belonging to them or within their control.

Such bonds are obligations which may properly and legally be deposited with and received by any officer of the State, or of any political subdivision or agency of the State, for any purpose for which the deposit of bonds or other obligations of the State is now, or may hereafter be, authorized by law.
2 Del. C. § 1916 — Delaware Code / Title 2 / Chapter 19 / Section 1916
§ Â
        1916. No cash trips.
Status: in_force

The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from riders for fares. Any payment for prearranged rides shall be made only electronically using the TNC’s digital network or online-enabled technology application service.
2 Del. C. § 1911 — Delaware Code / Title 2 / Chapter 19 / Section 1911
§ Â
        1911. Limitation on TNCs.
Status: in_force

Notwithstanding any other provision of law, TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met:

(1) The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC’s digital platform;

(2) The TNC imposes no restrictions on the TNC driver’s ability to utilize digital platforms from other TNCs;

(3) The TNC does not assign a TNC driver a particular territory in which to operate;

(4) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and

(5) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.
2 Del. C. § 1918 — Delaware Code / Title 2 / Chapter 19 / Section 1918
§ Â
        1918. Records.
Status: in_force

A TNC, or a third party on the TNC’s behalf, shall maintain the following customer records:

(1) Individual trip records for at least 1 year from the date each trip was provided;

(2) Individual records of TNC driver customers at least until the 1-year anniversary of the date on which a TNC driver’s customer relationship with the TNC has ended;

(3) The TNC driver’s driver license number and state of licensure;

(4) The vehicle registration number, license plate number, and state of vehicle registration for each vehicle that the TNC driver will use to provide prearranged rides;

(5) Documentation showing that the vehicle has been inspected in accordance with § 1914 of this title and that the TNC driver has passed a criminal history record check and driving record check as required under § 1913 of this title.
2 Del. C. § 312 — Delaware Code / Title 2 / Chapter 3 / Section 312
§ Â
        312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor.
Status: in_force

(a) A person is guilty of aiming the beam of a laser pointer at an aircraft when the person knowingly shines, points, or focuses the beam of a laser pointer at an aircraft while it is in the process of taking off, in flight, or landing.

(b) This section does not prohibit aiming the beam of a laser pointer at an aircraft by any of the following:

(1) An individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration.

(2) A member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training.

(3) A law-enforcement officer acting in an official capacity.

(4) Individuals playing laser tag, utilizing paintball guns, or other similar games or devices using light emitting diode (LED) technology.

(5) An individual attempting to make the individual’s location known.

(6) An individual attempting to give a warning signal.

(c) Aiming the beam of a laser pointer at an aircraft is an unclassified misdemeanor. The mandatory fine shall not exceed $575. This fine shall not be suspended.

(d) The venue for the issuance of an arrest warrant for and the prosecution of a violation of this section is the county in which the aircraft took off prior to such violation, in or over which the violation occurred, or in which the aircraft lands subsequent to such violation. The jurisdiction for a violation of this section is as stated in § 204 of Title 11.
2 Del. C. § 2004 — Delaware Code / Title 2 / Chapter 20 / Section 2004
§ Â
        2004. Ownership and lease of project transportation systems.
Status: in_force

(a) Agreements may provide for either private or State ownership of the project during the construction period, depending on the project structure determined by the Secretary. Each agreement shall provide for State ownership or control of the underlying real property at all times, except as provided in subsection (b) or subsection (c) of this section. After completion and final acceptance of each project, or discrete segment thereof, the agreement shall provide for State ownership of the project and lease to the contracting party, unless the State elects to provide for ownership of the project or portion thereof by the contracting party during the term of the agreement in which case the agreement shall provide for the transfer of the project to the State at no charge at the expiration of the term of the agreement. The State shall lease each of the projects, or applicable project segments, to the contracting parties for up to 50 years after completion of such projects. An agreement may provide for lease payments to consist of royalties.

(b) If state ownership or control of railroad rights-of-way used in a project is not feasible, for example, but not by way of limitation, due to federal ownership of said rights-of-way, an agreement for a project may nonetheless be approved, subject to the following limitations:

(1) State ownership or control of any other real property utilized in the project, as well as compliance with all other provisions of subsection (a) of this section, shall nonetheless be required;

(2) The negotiations on the rate of return to the contracting party during the term of the agreement shall take this reduced ownership/control factor into account; and

(3) All expenses relating to the indemnification of the owner of any railroad rights-of-way must be borne by the contracting party, notwithstanding the provisions of § 2008 of this title.

(c) An agreement for a project in which the state does not assume ownership or control of the underlying real property involved in the project may be approved, subject to the following limitations:

(1) Compliance with all other provisions of subsection (a) of this section shall nonetheless be required;

(2) The negotiations on the rate of return to the contracting party during the term of the agreement shall take this reduced ownership/control factor into account; and

(3) All expenses relating to the indemnification of the owner of any such real property must be borne by the contracting party, notwithstanding the provisions of § 2008 of this title.
2 Del. C. § 1321 — Delaware Code / Title 2 / Chapter 13 / Section 1321
§ Â
        1321. Limitation on jurisdiction of political subdivisions.
Status: in_force

No political subdivision of the State shall exercise any power, authority or jurisdiction over property of the Authority including but not limited to the exercise of the police power or the exercise of the power of condemnation, without the consent of the Authority.
2 Del. C. § 1301 — Delaware Code / Title 2 / Chapter 13 / Section 1301
§ Â
        1301. Short title.
Status: in_force

This chapter shall be known as the Delaware Transportation Authority Act.
2 Del. C. § 2002 — Delaware Code / Title 2 / Chapter 20 / Section 2002
§ Â
        2002. Definitions.
Status: in_force

As used in this chapter, unless the context indicates a different intent:

(a) “Agreement” means an agreement entered into by the Secretary and one or more contracting parties for a project.

(b) “Contracting party” means any individual, corporation, partnership, company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated association, body politic, authority or any other form of entity not specifically listed herein entering into an agreement with the Secretary for a project.

(c) “Project” means any public transportation project undertaken under this chapter.

(d) “Department” means the Department of Transportation.

(e) “Metropolitan planning organization” means a metropolitan planning organization established and designated pursuant to 23 U.S.C. § 134 (1993).

(f) “Secretary” means the Secretary of Transportation.

(g) “Transportation System” means any capital-related improvement and addition to the State’s transportation infrastructure, including but not limited to highways, roads, bridges, vehicles and equipment, ports and marine-related facilities, park and ride lots, rail and other transit systems, facilities, stations and equipment, rest areas, tunnels, airports, transportation management systems, control/communications/information systems and other transportation-related investments, or any combination thereof.
2 Del. C. § 932 — Delaware Code / Title 2 / Chapter 9 / Subchapter III / Section 932
§ Â
        932. Department of Transportation as agent; conditions of grant.
Status: in_force

(a) The governing body of any political subdivision may designate the Department of Transportation as its agent to accept, receive and receipt for federal moneys in its behalf for airport purposes and to contract for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of such airports, or other air navigation facilities, and may enter into an agreement with the Department of Transportation prescribing the terms and conditions of the agency in accordance with federal laws, rules and regulations and applicable laws of this State.

(b) The moneys that are paid over by the United States government shall be paid over to the political subdivision under such terms and conditions as may be imposed by the United States government in making the grant.
2 Del. C. § 1917 — Delaware Code / Title 2 / Chapter 19 / Section 1917
§ Â
        1917. No discrimination; accessibility.
Status: in_force

(a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, gender identity, or any other basis protected under Chapter 45 of Title 6 with respect to riders and potential riders and notify TNC drivers of such policy.

(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, gender identity, or any other basis protected under Chapter 45 of Title 6.

(c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.

(d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
2 Del. C. § 101 — Delaware Code / Title 2 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Purpose of chapter.
Status: in_force

The purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states; by granting to a state agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a statewide system of airports, may cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and may encourage and develop aeronautics; by establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this State by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of federal agencies.
2 Del. C. § 1815 — Delaware Code / Title 2 / Chapter 18 / Section 1815
§ Â
        1815. Penalties for violations of ÂÂâ1813, 1814.
Status: in_force

Any corporation failing to comply with, violating or permitting any of its employees or agents to violate any of the provisions of §§ 1813, 1814 of this title shall, in addition to subjecting itself to any damage that may be caused by such failure or violation, be fined not less than $100 nor more than $500.
2 Del. C. § 181 — Delaware Code / Title 2 / Chapter 1 / Subchapter IV / Section 181
§ Â
        181. Penalties.
Status: in_force

Whoever violates this chapter or any of the rules, regulations, or orders issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
2 Del. C. § 1315 — Delaware Code / Title 2 / Chapter 13 / Section 1315
§ Â
        1315. Credit of State not pledged to Authority bonds.
Status: in_force

Bonds issued by the Authority under this chapter shall not constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivision, but such bonds, unless refunded by bonds of the Authority authorized by this chapter, shall be payable solely from funds and property pledged, assigned or available for their payment as specifically authorized in the resolution authorizing such bonds or in the trust indenture securing such bonds. All bonds shall contain on the face thereof a statement to the effect that the Authority is obligated to pay such bonds and the interest thereon only from revenues or other specifically pledged property, and that neither the State nor any political subdivision thereof is obligated to pay the bonds or the interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.

All expenses incurred in carrying out this chapter, other than for the issuance of general obligation bonds by the State, shall be payable solely from funds provided under this chapter and nothing in this chapter shall be construed to authorize the Authority to incur indebtedness or any liability on behalf of or payable by the State or any political subdivision thereof.
2 Del. C. § 161 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 161
§ Â
        161. Declaration of policy.
Status: in_force

(a) The Federal Aviation Regulations (promulgated by the Federal Aviation Administration pursuant to Part A of Subtitle VII of Title 49 of the United States Code, as amended) prescribe uniform rules and regulations pertaining to aviation. These regulations, as may be amended, are hereby adopted as the aeronautics regulations of the State. They shall be augmented and supplemented as necessary to regulate matters peculiar to this State.

(b) When authorized by the General Assembly, the Department of Transportation shall procure and operate transport-type aircraft to satisfy the needs of the State. Other state agencies may own and operate specialized light planes and helicopters required for special needs such as police work.
2 Del. C. § 137 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 137
§ Â
        137. Legislation; representation of State before federal agencies.
Status: in_force

The Department may draft and recommend necessary legislation to advance the interest of the State in aeronautics and represent the State in aeronautical matters before federal agencies and other state agencies.
2 Del. C. § 1412 — Delaware Code / Title 2 / Chapter 14 / Section 1412
§ Â
        1412. Applicable provisions of Chapter 13.
Status: in_force

All provisions of Chapter 13 of this title, not inconsistent with the provisions of this chapter, unless excepted herein, shall be applicable to the Authority and its bonds issued pursuant to this chapter, including, without limitation, §§ 1303, 1305, 1309 and 1320-1328, inclusive, of this title.
2 Del. C. § 1408 — Delaware Code / Title 2 / Chapter 14 / Section 1408
§ Â
        1408. Personal immunity.
Status: in_force

Neither the Secretary nor any person executing bonds issued pursuant to this chapter shall be liable personally on the bonds, by reason of the issuance thereof.
2 Del. C. § 1403 — Delaware Code / Title 2 / Chapter 14 / Section 1403
§ Â
        1403. Application of chapter.
Status: in_force

In addition to the powers granted to the Authority by Chapter 13 of this title, the Authority shall have the following powers in addition to those powers granted elsewhere in this chapter:

(1) To issue subordinated indebtedness and to enter into bank loan agreements, lines of credit, letters of credit and other security agreements for the purposes of the Authority;

(2) In its own name or in the name of the State, with the approval of the State, to apply for and receive and accept appropriations or grants of property, money, services or reimbursements for money previously spent and other assistance offered or made available to it by or from any person for any lawful corporate purpose of the Authority including, without limitation, grants, appropriations or reimbursements from the state or federal government with respect to their respective shares under federal aid transportation laws of the costs of planning, acquisition, engineering, construction, reconstruction, repair, resurfacing and rehabilitation of public highways or the costs of planning, acquisition, engineering, construction, reconstruction, repair and rehabilitation of the public transportation systems and other projects, within the transportation system, in the State and the Authority’s operating expenses and to apply and negotiate for the same upon such terms and conditions as may be required by any person, government, agency, authority or entity or as the Authority may determine to be necessary, convenient or desirable;

(3) To accept and use any funds appropriated and paid by the State to the Authority, for the purposes for which the appropriations and payments are made;

(4) To purchase, acquire, lease or rent such equipment, materials, vehicles, machinery, office equipment or other items from Authority appropriations for authorized use by the Authority, State or its instrumentalities for their respective purposes, including but not limited to office supplies, tools, construction equipment, utilities, furniture and such other items as the Authority may authorize;

(5) To use funds available in DART operations “public” to cover the expenses, both capital and operating related to public transportation services provided by DART and to consolidate its various accounts consistent with sound accounting principles and practices in order to accomplish the goals of the Authority in accordance with the purposes and programs approved by the General Assembly;

(6) To impose tolls at such places and at such times as it determines on a toll facility system comprised of the Delaware Turnpike, U.S. Route 301 from the Maryland line to the tolled portions of State Route 1, and U.S. 13 Relief Route (also known as State Route 1) subject to the provisions of § 1320(h) of this title relating to the imposition of tolls on the Delaware Turnpike; and to impose tolls on such other highways with the prior approval of the General Assembly;

(7) To do any and all things necessary or appropriate to carry out the purposes of this chapter and the exercise of the powers, functions and duties granted to the Authority by this chapter.
2 Del. C. § 1313 — Delaware Code / Title 2 / Chapter 13 / Section 1313
§ Â
        1313. Projects transferred to Authority; cancellation of state general obligation bond authority.
Status: repealed

There is hereby repealed the authorization to issue bonds, to which the State has been authorized to pledge its faith and credit, the proceeds of which were appropriated to the Department of Transportation, by the following laws, for the following projects and in the following amounts:

Such projects, described in subdivision (2) of § 1312 of this title, are hereby transferred to the Authority. Such transfer shall be effective on the date the Authority issues bonds to finance such transportation facilities. The proceeds of such bonds shall be deposited, from time to time, in a special fund of the State and applied to the purposes for which such bonds are issued in order to meet payments due under executed contracts for such projects. The Division of Highway Operations shall continue to supervise construction and to maintain and operate such projects. It is the intention of the General Assembly that the Authority issue bonds within a reasonable period after the adoption of this chapter in order to permit the uninterrupted pace of construction of such projects.