21 Del. C. § 4130 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4130
§ Â
        4130. Vehicle obstructing traffic.
Status: in_force

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.
21 Del. C. § 6802 — Delaware Code / Title 21 / Chapter 68 / Section 6802
§ Â
        6802. OHV registration â Application; issuance.
Status: in_force

Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this title in such form and in such manner as the Department shall prescribe and shall state the name and address of every owner and be signed by at least 1 owner. Upon receipt of the application and the appropriate fee as provided in § 6803 of this title, such OHV shall be registered and a registration number decal assigned which shall be affixed to the OHV in such manner as provided in § 6805 of this title. In the event that an off-highway vehicle sought to be registered or reregistered does not, after inspection and testing, comply with the provisions respecting equipment established by this chapter or by the regulations of the Department promulgated pursuant to this chapter, the Department may deny the issuance of a registration certificate.
21 Del. C. § 6822 — Delaware Code / Title 21 / Chapter 68 / Section 6822
§ Â
        6822. Operation of OHVs â In violation of traffic controllers or traffic-control devices.
Status: in_force

A person shall not operate an OHV in violation of instructions of any person authorized to direct, control or regulate traffic or in violation of any official traffic-control device applicable thereto.
21 Del. C. § 4202 — Delaware Code / Title 21 / Chapter 42 / Section 4202
§ Â
        4202. Duty of driver involved in collision resulting in injury or death to any person; penalty.
Status: in_force

(a) The driver of any vehicle involved in an collision resulting in injury or death to any person shall immediately stop such vehicle at the scene of such collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary. The driver shall give the driver’s name, address and the registration number of the driver’s vehicle and exhibit a driver’s license or other documentation of driving privileges to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such collision reasonable assistance, including the carrying of such person to a hospital or physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person, or by contacting appropriate law-enforcement or emergency personnel and awaiting their arrival.

(b) Whoever violates subsection (a) of this section when that person has been involved in a collision resulting in injury to any person shall be guilty of an unclassified misdemeanor, be fined not less than $1,000 nor more than $3,000 or imprisoned not less than 1 year nor more than 2 years.

(c) Whoever violates subsection (a) of this section when that person has been involved in a collision resulting in death to any person shall be guilty of a class E felony. The provisions of § 4206(a) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the sentence for such offense shall include a period of incarceration of not less than 1 year and the first 6 months of any sentence imposed shall not be suspended.

(d) The Secretary shall revoke the driver’s license and/or driver’s privilege of every person convicted under this section. Such revocation shall be for a period of 1 year if the person is convicted and sentenced pursuant to subsection (b) of this section. Such revocation shall be for a period of 2 years if the person is convicted and sentenced pursuant to subsection (c) of this section.

(e) Except as provided in § 927 of Title 10, notwithstanding any other law, rule or regulation to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any misdemeanor violation of this section, and any other violation of any offense set forth in this title which was allegedly committed during the same incident. The jurisdiction of the justices of the peace over such matters is hereby terminated.
21 Del. C. § 6402 — Delaware Code / Title 21 / Chapter 64 / Section 6402
§ Â
        6402. Definitions.
Status: in_force

As used in this chapter:

(1) “Dealer” or “dealership” means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter.

(2) “Lessee” means any person, or the agent for any person, who has leased for a term of at least 4 months.

(3) “Lessor” means any person, or the agent for any person, who has leased 5 or more motor vehicles in the past 12 months.

(4) “Mileage” means actual distance that a vehicle has traveled.

(5) “Odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.

(6) “Repair and replacement” means to restore to a sound working condition by replacing the odometer or any part thereof by correcting what is inoperative.

(7) “Secure printing process or other secure process” means any process which deters and detects counterfeiting and/or unauthorized reproduction and allows alterations to be visible to the naked eye.

(8) “Transfer” means to change ownership of a motor vehicle by purchase, gift or any other means.

(9) “Transferee” means any person to whom ownership in a motor vehicle is transferred by purchase, gift or other means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee.

(10) “Transferor” means any person who transfers ownership of a motor vehicle by sales, gift or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.
21 Del. C. § 3101 — Delaware Code / Title 21 / Chapter 31 / Section 3101
§ Â
        3101. Identification cards.
Status: in_force

Every person residing in the State who desires to obtain an identification card shall apply to the Division of Motor Vehicles.
21 Del. C. § 2111 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2111
§ Â
        2111. Duplicate registration cards.
Status: in_force

In the event that any registration card issued under this title is lost, mutilated or becomes illegible, the person who is entitled thereto shall make immediate application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory to the Department and upon payment of the required fees.
21 Del. C. § 2335 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2335
§ Â
        2335. Application for recording lien upon motor vehicle where certificate is outstanding [For applicability of this section, see 80 Del. Laws, c. 77, Ââ23].
Status: in_force

(a) In the event that any claim of any kind is sought to be secured upon any motor vehicle for which a certificate of title has been previously issued by the Department, and the certificate remains outstanding and valid and no assignment of the certificate has been made or sought to be made and no transfer of title or ownership or possession of the motor vehicle is made or sought to be made, the certificate of title shall be returned to the Department together with the application for placing and recording of such claim as a lien or encumbrance upon the motor vehicle. The application shall be made upon the appropriate form furnished and approved by the Department. Every application shall be accompanied by a fee of $20, which shall be in addition to any other fees required by this title. Upon the filing of the application and the entering of the claim, the certificate of title shall be returned to the person entitled to receive it.

(b) No claim of any kind shall be entered upon the certificate of title for any motor vehicle until the applicant has fully complied with all the provisions of this subchapter, insofar as such provisions may be applicable thereto.
21 Del. C. § 4361 — Delaware Code / Title 21 / Chapter 43 / Subchapter III / Section 4361
§ Â
        4361. Skid chains and snow tires; penalty.
Status: in_force

When the highways are covered with snow or ice, the operator of any school bus shall not transport school children upon any of the highways of this State unless all rear wheels are equipped with tires having treads designed for use in snow, which tires must be in such condition as to serve the purpose for which they are designed. Any person violating this section shall be fined not less than $10 nor more than $100, or imprisoned not more than 10 days or both.
21 Del. C. § 4199 — Delaware Code / Title 21 / Chapter 41 / Subchapter XIII / Section 4199
§ Â
        4199. Driving through safety zone prohibited.
Status: in_force

No vehicle shall at any time be driven through or within a safety zone.
21 Del. C. § 4198K — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198K
§ Â
        4198K. Helmet requirements.
Status: in_force

(a) A person under 18 years of age shall not operate or ride as a passenger upon any bicycle unless that person is wearing an approved, properly fitted and fastened bicycle helmet. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. For purposes of this section, an “approved helmet” means a bicycle helmet which conforms to the following standards:

(1) A bicycle helmet that was manufactured prior to March 11, 1999, shall meet or exceed the minimum bicycle helmet safety standards set by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), or the Snell Memorial Foundation;

(2) A bicycle helmet that was manufactured on or after March 11, 1999, shall meet or exceed the minimum bicycle helmet safety standards set by the Consumer Products Safety Commission.

(b) Any parent or guardian who fails to cause the parent’s or guardian’s child to wear a bicycle helmet, as provided herein, shall be fined for the first offense $25, and for each subsequent offense, $50.

(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation.

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

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

(f) It is an affirmative defense to a violation of the helmet requirements of this section that the violator is a member of a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices of the violator’s church or religious denomination, are against the wearing of a helmet.
21 Del. C. § 2120A — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2120A
§ Â
        2120A. Registration of unique vehicles; fees; restrictions.
Status: in_force

(a) The Division of Motor Vehicles may title and register a unique vehicle for operation on the roads of the State which does not meet the Division’s standards for inspection or emissions performance only when it is modified to meet all Federal Motor Vehicle Safety Standards (FMVSS) safety and equipment requirements and Department of Natural Resources and Environmental Control’s (DNREC’s) emissions inspection requirements under 7 DE Admin. Code 1126 or 1131. which are in effect at the time of the initial application for titling or registering of the vehicle. A unique vehicle may be titled and registered with restrictions as determined by the Division to be in the best interest of highway safety.

(b) The annual registration fee shall be the same fee as assessed to a vehicle or motor vehicle in a similar class and according to the fees in this chapter.

(c) A unique vehicle shall be subject to an initial inspection in accordance with regulations as adopted by the Division of Motor Vehicles.

(d) A unique vehicle may not be registered unless such vehicle is insured pursuant to §§ 2118 and 2902 of this title.

(e) A unique unregistered vehicle title may be issued for proof of ownership only if the unique vehicle does not meet the Division of Motor Vehicles’ inspection requirements, FMVSS safety and equipment requirements, or DNREC’s emission standards. A unique unregistered vehicle title does not permit the operation of the unique unregistered motor vehicle on the roads of the State or any other state in any capacity other than as specified in subsection (f) of this section.

(f) A unique unregistered vehicle titled pursuant to subsection (e) of this section shall be used only for participation in club activities, exhibits, tours, parades, and similar uses (a “permitted use”). A unique vehicle participating in a permitted use must be insured as required by §§ 2118 and 2902 of this title. A unique vehicle may not be used for general transportation and may not be operated on the roads of this State at any time other than when traveling to or from a permitted use or actively participating in the permitted use.

(g) The Division of Motor Vehicles may not assign a vehicle identification number (VIN) to a unique vehicle that was assigned a VIN by the vehicle manufacturer unless it meets the requirements as described in this title. A dealership or manufacturer may not assign a VIN to a unique vehicle unless the dealership or manufacturer are approved by National Highway Traffic Safety Administration to assign VIN numbers, in accordance with 49 C.F.R. Part 565.

(h) The owner of a unique vehicle modified to meet all requirements outlined in this section and Chapter 43 of this title must apply to the Division of Motor Vehicles for a unique blue and gold identification plate which shall be displayed on the front of such vehicle in addition to the standard vehicle registration plate. The Division of Motor Vehicles has the authority to issue any additional regulations, rules, policies or procedures necessary to implement this unique identification plate requirement.

(i) The 1-time fee for the Unique vehicle identification plate described in subsection (h) of this section shall be $50. This fee shall be in addition to any vehicle document fee, title fee, or 1-time registration fee. Unique vehicle status shall be forfeited in the event of a transfer of ownership and the transferor shall surrender the special plate to the Division of Motor Vehicles. The purchaser of any previously titled or registered unique vehicle must reapply for a unique vehicle status at the time of any transfer. At the time of any post transfer titling or registration application, the unique vehicle must meet the FMVSS, DNREC and all other requirements at the time of the new titling and/or registration application as if the unique vehicle was being titled and or registered for the first time.
21 Del. C. § 2804 — Delaware Code / Title 21 / Chapter 28 / Section 2804
§ Â
        2804. Attorney General to initiate court proceeding; petition.
Status: in_force

The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition against the person named therein in the Court of Common Pleas in and for the county wherein such person resides or, in the case of a nonresident, in the Court of Common Pleas in and for New Castle County. The petition shall request the Court to determine whether or not the person named therein is an habitual offender.
21 Del. C. § 6715 — Delaware Code / Title 21 / Chapter 67 / Subchapter II / Section 6715
§ Â
        6715. Rebuilt motor vehicles.
Status: in_force

If any vehicle being kept in a motor vehicle salvage yard or junkyard is rebuilt and application is made for a negotiable title to the vehicle, said vehicle shall be examined by members of the State Police Auto Theft Unit or by a person designated by the Director of the Division of Motor Vehicles prior to the issuance of any negotiable title to such vehicle.
21 Del. C. § 812 — Delaware Code / Title 21 / Chapter 8 / Section 812
§ Â
        812. Court rules or policies.
Status: in_force

The Justice of the Peace Court, upon approval by the Chief Justice, may develop court rules, administrative directives, or other forms of policies for handling of civil traffic offenses.
21 Del. C. § 4307 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4307
§ Â
        4307. Warning devices for emergency vehicles.
Status: in_force

(a) Every police, fire department and fire patrol vehicle and every ambulance used for emergency calls, except as provided in subsection (b) of this section, shall be equipped with a bell, siren or exhaust whistle.

(b) A vehicle used by a fire chief, deputy fire chief, assistant fire chief, or fire police officer of a duly organized fire department, which is not owned by or the property of the fire department, shall not be equipped with such warning devices.
21 Del. C. § 6407 — Delaware Code / Title 21 / Chapter 64 / Section 6407
§ Â
        6407. Disclosure of odometer information.
Status: in_force

(a) Each Delaware title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed under subsections (c)-(f) of this section at the time of any future transfer.

(b) Any documents which are used to reassign a title shall contain a space for the information required to be disclosed under subsections (c)-(f) of this section at the time of transfer of ownership.

(c) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or on the document being used to reassign the title. This written disclosure must be signed by the transferor, including the transferor’s printed name. In connection with the transfer of ownership of a motor vehicle in which more than 1 person is a transferor, only 1 transferor need sign the written disclosure. In addition to the signature and printed name of the transferor, the written disclosure must contain the following information:

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

(2) The date of transfer;

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

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

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

(d) In addition to the information provided under subsection (c) of this section, the statement shall refer to the federal law and shall state that failing to complete or providing false information may result in a fine and/or imprisonment. Reference may also be made to applicable state law.

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

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

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

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

(f) The transferee shall sign the disclosure statement, print the transferor’s name, and return a copy to the transferor.

(g) If the vehicle has not been titled or if the title does not contain a space for the information required, the written disclosure shall be executed as a separate document.

(h) No person shall sign an odometer disclosure statement as both the transferor and the transferee in the same transaction, unless permitted by §§ 6410 and 6411 of this title.
21 Del. C. § 4103 — Delaware Code / Title 21 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Obedience to authorized persons directing traffic.
Status: in_force

(a) (1) No person shall wilfully fail or refuse to comply with any lawful order or direction of any of the following, who are invested by law with authority to direct, control, or regulate vehicle and pedestrian traffic:

a. A police officer.

b. An authorized flagperson.

c. A fire police officer.

d. A uniformed adult school crossing guard.

e. A commissioned constable.

(2) This subsection does not operate to relieve a driver of the duty to operate the driver’s vehicle with due regard to the safety of all persons using the highway.

(b) Any driver who, having received a visual or audible signal from a police officer identifiable by uniform, by motor vehicle or by a clearly discernible police signal to bring the driver’s vehicle to a stop, operates the vehicle in disregard of the signal or interferes with or endangers the operation of the police vehicle or who increases speed or extinguishes the vehicle’s lights and attempts to flee or elude the police officer shall be guilty of a class G felony, with a minimum fine of $575 which may not be suspended. Upon receiving notice of such conviction the Secretary, at the Secretary’s discretion, may forthwith revoke the operator’s or chauffeur’s license of the person so convicted for a period of 2 years. For each subsequent like offense, the person shall be guilty of a class E felony, with a minimum fine of $1,150 which may not be suspended. Upon receiving a court notice of conviction for a subsequent like offense, the Secretary shall revoke the operator’s or chauffeur’s license for an additional 3-year period. It shall be an affirmative defense for this section if the driver proceeds at or below the posted speed limit to a safe location or, at nighttime to a well-lit reasonable location and stops the vehicle at that point that the driver is not guilty of this section.

(c) If any vehicle is witnessed by a police officer to be in violation of subsection (b) of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the persons in whose name such vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company vehicle, committed such violation of subsection (b) of this section.
21 Del. C. § 4189 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4189
§ Â
        4189. Putting glass or other items on a highway prohibited.
Status: in_force

(a) A person may not throw or deposit on a highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure a person, animal, or vehicle on the highway or adjacent property.

(b) A person who drops, or permits to be dropped or thrown, on a highway or adjacent property any destructive or injurious material shall immediately remove the destructive or injurious material or cause it to be removed.

(c) A person may not throw or deposit any goods, merchandise, bundles, or litter of any kind, including yard waste, on a highway.

(d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped on the highway from the wrecked or damaged vehicle.

(e) A person may not leave, drop, throw away, or otherwise dispose of trash of any description, including yard waste, in quantity to exceed 5 pounds or 1 cubic foot on or alongside a highway.

(f) If a person witnesses the violation of subsection (a), (b), or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there is a rebuttable presumption that the registered owner, if the driver’s identity cannot be ascertained, or the driver of the vehicle is responsible for the violation.

(g) A person who violates this section is guilty of an unclassified misdemeanor, and is subject to a fine as follows:

(1) Not less than $115 nor more than $287.50 and up to 8 hours of community service for a first offense.

(2) Not less than $125 nor more than $287.50 and up to 25 hours of community service for a second or subsequent offense within 2 years.

(3) A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.

(h) The rebuttable presumption set forth in subsection (f) of this section does not apply to operators of buses carrying 9 or more persons. A person who violates subsection (e) of this section is guilty of an unclassified misdemeanor, and is subject to a fine of not less than $460 nor more than $690. For each subsequent offense occurring within 3 years of a former offense, the person is subject to a fine of not less than $575 nor more than $1,150. The minimum fines for a violation of this section are not subject to suspension. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.

(i) As used in this section, “yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings.

(j) Placing yard waste on a highway in compliance with state, county, municipal, or private program requirements for collection and disposal of yard waste is not a violation of this section.
21 Del. C. § 6809 — Delaware Code / Title 21 / Chapter 68 / Section 6809
§ Â
        6809. OHV dealer license required.
Status: in_force

OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for 3 years. OHV dealer licenses are not transferable and may be revoked for violation of such rules and regulations as may be specified for that privilege. OHV dealers shall be required to carry personal liability insurance in an amount at least equal to that required of dealers under no-fault insurance provisions or as otherwise specified by the Department.
21 Del. C. § 4193 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4193
§ Â
        4193. Applicability of traffic laws.
Status: in_force

Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those provisions of this title which by their nature can have no application.
21 Del. C. § 2153 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2153
§ Â
        2153. Fee for manufacturersâ, transportersâ, automotive recyclersâ and dealersâ plates.
Status: in_force

Manufacturers, transporters, automotive recyclers and dealers who qualify under this chapter for special number plates shall pay to the Department for each calendar year $10 for each set of special plates. These special number plates may be issued for 1 or 2 years at a fee of $10 per plate for each year.
21 Del. C. § 2765 — Delaware Code / Title 21 / Chapter 27 / Subchapter V / Section 2765
§ Â
        2765. Out-of-state taxi and limousine drivers; qualifications.
Status: in_force

Out-of-state taxi and limousine drivers shall meet the requirements of their home state for driving a taxi or limousine and meet the qualification requirements as defined in § 2763 of this title before operating a taxi or limousine upon the highways of this State.

(1) An out-of-state taxi or limousine driver shall:

a. Upon first employment, and thereafter annually, provide to the driver’s employer a current copy of the driver’s home state driving record;

b. Upon first employment, and upon re-employment following separation, provide to the driver’s employer a current copy of the driver’s criminal history background check; and

c. Inform the driver’s employer any time the driver’s driver license is suspended or revoked.

(2) The employer of an out-of-state taxi or limousine driver shall:

a. Maintain on file a current copy of the driver’s driving records;

b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2763 of this title; and

c. Maintain on file a current copy of the driver’s criminal history background check.

(3) An employer of an out-of-state taxi or limousine driver shall not knowingly permit a driver to operate a taxi or limousine upon the highways of this State when the employer is aware of any disqualifying crimes or motor vehicle violations as defined in § 2763 of this title.
21 Del. C. § 4366 — Delaware Code / Title 21 / Chapter 43 / Subchapter III / Section 4366
§ Â
        4366. Communication devices.
Status: in_force

Every school bus being used for the transportation of children shall be equipped with a radio or telephonic communication device that will allow the driver of the bus to call for or receive calls for assistance in the event of an emergency. All costs associated with the purchase of communication devices and if applicable, the associated line charges, will be the responsibility of the State. All costs for use of communication devices for non-911 communications shall be the responsibility of the school district. Notwithstanding the above, any school district shall be free to absorb any such costs to its own account.
21 Del. C. § 2502 — Delaware Code / Title 21 / Chapter 25 / Section 2502
§ Â
        2502. Endorsement and delivery of registration card upon transfer.
Status: in_force

An owner, upon transferring a registered vehicle, shall endorse the name and address of the transferee and the date of transfer upon the registration card issued for such vehicle and shall immediately give or send such card to the Department or an authorized representative thereof, except as otherwise provided by law in the case of transfers to dealers.
21 Del. C. § 2158 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2158
§ Â
        2158. Fee for duplicate certificate of registration, registration plate or validation sticker.
Status: in_force

(a) The fee for a duplicate certificate of registration shall be $10.

(b) The fee for a duplicate registration plate shall be $5.00.

(c) The fee for a duplicate registration validation sticker shall be $5.00.
21 Del. C. § 4708 — Delaware Code / Title 21 / Chapter 47 / Section 4708
§ Â
        4708. Adoption of federal requirements â Amendments of 49 C.F.R. Part 396.
Status: in_force

(a) Subsection (a) of 49 C.F.R. § 396.9 is stricken in its entirety and the following is substituted in its place:

“(a) Personnel authorized to perform inspections — Every special agent of the Federal Highway Administration, Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police, other sworn police officers and size and weight enforcement technicians of the Division of State Police working in conjunction with and in the physical presence of a uniformed police officer, are hereby authorized to enter and perform inspections of any motor vehicle, cargo and driver of any motor carrier for compliance with safety regulations adopted pursuant to this chapter. State police size and weight enforcement technicians shall have the same authority and duties enforcing this chapter as granted in § 710 of this title.”

(b) Farm vehicles being operated on an intrastate basis within this State shall be exempt from the recordkeeping requirements as provided in 49 C.F.R. Part 396.
21 Del. C. § 2754 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2754
§ Â
        2754. Employment of unlicensed person.
Status: in_force

No person shall employ any person to operate a motor vehicle who is not licensed as provided in this chapter.
21 Del. C. § 4704 — Delaware Code / Title 21 / Chapter 47 / Section 4704
§ Â
        4704. Adoption of federal requirements â Amendments of 49 C.F.R. Part 391.
Status: in_force

(a) Section 391.11(b)(1) of 49 C.F.R. Part 391 is stricken in its entirety and in its place is inserted the following:

“(1) Is at least 21 years old if engaged in interstate commerce or at least 18 years or older and has at least 1 year previous experience as an operator of a motor vehicle if engaged in intrastate commerce”.

(b) Intra-State Only Restricted Commercial Driver License Medical. — Persons who are not physically qualified to drive a commercial motor vehicle per 49 C.F.R. § 391.41 may apply for an intrastate only restricted commercial driver license waiver provided they are otherwise qualified to drive a motor vehicle, other than a motor vehicle which requires endorsements to transport passengers or hazardous materials, and meet the other provisions of this subsection, Title 21 and the Federal Motor Carrier Regulations.

The applicant must provide evidence and certify to the Secretary of Transportation that they have:

(1) Held a CDL and were employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 years during the previous 6 years;

(2) Not had a CDL disqualification during the previous 6 years;

(3) Not incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years.

The Division will establish policy to administer the CDL medical waiver program. The applicant must provide recent physical examinations signed by the driver’s primary physician and, if appropriate, from a medical specialist. The Division may require the applicant to successfully complete a training course and evaluation by a physical rehabilitation center. The Division may refer individual applications to the Medical Advisory Board for their advice concerning the applicant’s ability to safely operate motor vehicles weighing more than 26,000 pounds. The driver may be required to successfully complete the CDL knowledge tests and CDL road skill test prior to issuing an intra-State only restricted CDL license.

A “K” restriction will be added to the CDL driver license once a medical waiver is granted. The CDL medical waiver expires on the CDL expiration date or upon a date determined by the Division, whichever is earlier. Ninety days before the CDL medical waiver expires, the Division will notify the driver by letter using the address of record that the driver must reapply for a CDL medical waiver to continue operating a commercial motor vehicle in this State. However, once an applicant is initially granted a CDL medical waiver, the Division may issue a 90-day temporary CDL medical waiver pending the results of medical or rehabilitation examinations.

(c) State, county and local government employees who hold a commercial driver license and operate commercial motor vehicles as defined by § 2603 of this title as part of their official duties for the State or any political subdivision therein, shall meet the federal physical qualifications and examination requirements found in 49 C.F.R. Part 391, Subpart E unless 1 of the following exceptions apply:

(1) The employee is approved for an intrastate only restricted commercial driver license in accordance with subsection (b) of this section; or

(2) The employee is a school bus driver and has met the annual Department of Education physical examination requirements in accordance with § 2708(a)(2) of this title.
21 Del. C. § 4198D — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198D
§ Â
        4198D. Bicycle racing.
Status: in_force

(a) Bicycle racing on the highways is prohibited by § 4172 of this title except as authorized in this section.

(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.

(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.
21 Del. C. § 6901A — Delaware Code / Title 21 / Chapter 69A / Section 6901A
§ Â
        6901A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Abandoned motor vehicle” means as described in Chapter 44 of this title.

(2) “Nonconsensual tow” means the towing of a nonabandoned motor vehicle weighing 5,000 pounds or less other than at the direction of the police, without the consent of the motor vehicle’s owner, operator, or other person designated by the owner or operator from a private or public parking area. A “nonabandoned motor vehicle” is a motor vehicle that is not an abandoned motor vehicle.

(3) “Operator” means the person who most recently operated a motor vehicle and parked the vehicle in a private or public parking area.

(4) “Private parking area” means any privately-owned facility or portion thereof held open to the general public for motor vehicle parking and that includes 1 or more spaces for motor vehicle parking and that are intended by the owner of the facility to be used primarily by the owner’s customers, residents, lessees, or guests.

(5) “Private tow company” means any person engaged in the towing of motor vehicles pursuant to a contract or other agreement to remove a motor vehicle from private or public parking areas without the consent of the motor vehicle owner or operator. For the purpose of this chapter, “private tow company” does not mean a person hired or contracted to remove a motor vehicle with the consent of the motor vehicle owner or operator, nor does “private tow company” mean a person that removes an abandoned motor vehicle under Chapter 44 of this title or that is contracted to remove motor vehicles at the direction of the police under Chapter 69 of this title.

(6) “Public parking area” means any facility or roadway space owned by this State, or any political subdivision thereof, consisting of 1 or more spaces for motor vehicle parking that is accessible to the general public and designated for parking during specified times or for a specified length of time. “Public parking area” does not mean noncommercial roadways or other roadways on which motor vehicles are commonly parked for periods of time in excess of 24 hours.

(7) “Storage facility” means a facility to which privately-towed motor vehicles are brought and kept until retrieved or disposed of pursuant to this chapter.

(8) “Towing” means the transportation on the streets and highways of this State of motor vehicles, together with personal effects or cargo, by tow trucks. “Wrecking service” or “wrecker service,” “tow car service,” and “garage tow truck service” are synonymous with and included within this definition.
21 Del. C. § 4711 — Delaware Code / Title 21 / Chapter 47 / Section 4711
§ Â
        4711. Jurisdiction.
Status: in_force

Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
21 Del. C. § 6707 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6707
§ Â
        6707. Penalty.
Status: in_force

(a) Whoever violates this chapter shall be fined not less than $28.75 nor more than $115, or imprisoned not less than 30 days nor more than 90 days or both. For each subsequent like offense the person shall be fined not less than $115 nor more than $230, or imprisoned not less than 90 days nor more than 6 months or both.

(b) This section shall not apply to violations for which a specific punishment is provided in this chapter.
21 Del. C. § 8402 — Delaware Code / Title 21 / Chapter 84 / Section 8402
§ Â
        8402. Definitions [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

As used in this chapter, the following definitions apply:

(1) “Area of sales responsibility” means the geographical area, agreed to by the new recreational vehicle dealer and the manufacturer in the manufacturer-dealer agreement, within which the new recreational vehicle dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles and new recreational trailers of a particular line-make to the retail public.

(2) “Distributor” means a person, firm, corporation, or business entity that purchases new recreational vehicles or new recreational trailers from a manufacturer for resale to new recreational vehicle dealers.

(3) “Factory campaign” means an effort on the part of a warrantor to contact new recreational vehicle or new recreational trailer owners or new recreational vehicle dealers in order to address a part or equipment issue.

(4) “Family member” means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.

(5) “Fifth-wheel trailer” means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use. A “fifth-wheel trailer” must be of such size and weight as to not require a special highway movement permit, and must be designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.

(6) “Folding camping trailer” means a vehicle that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

(7) “Line-make” means a specific series of new recreational vehicles or new recreational trailers that:

a. Are identified by a common series trade name or trademark;

b. Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

c. Have lengths and interior floor plans that distinguish the new recreational vehicles or new recreational trailers from other new recreational vehicles or new recreational trailers with substantially the same decor, equipment, features, price, and weight;

d. Belong to a single, distinct classification of new recreational vehicle or new recreational trailer types having a substantial degree of commonality in the construction of the chassis, frame, and body; and

e. The manufacturer-dealer agreement authorizes a new recreational vehicle dealer to sell.

(8) “Manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of new recreational vehicles or new recreational trailers.

(9) “Manufacturer-dealer agreement” means a written agreement or contract entered into between a manufacturer and a new recreational vehicle dealer that fixes the rights and responsibilities of the parties and pursuant to which the new recreational vehicle dealer sells new recreational vehicles or new recreational trailers.

(10) “Motor home” means a motor vehicle designed to provide temporary living quarters for recreational, camping, or travel use. A “motor home” must contain at least 4 of the following permanently installed, independent life-support systems which meet the National Fire Protection Association standard for recreational vehicles:

a. A cooking facility with an on-board fuel source;

b. A potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection;

c. A toilet with exterior evacuation;

d. A gas or electric refrigerator;

e. A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or

f. A 110-125 volt electric power supply.

(11) “New recreational trailer” means a travel trailer, fifth-wheel trailer, or folding camping trailer which has not been titled.

(12) “New recreational vehicle” means a motorhome which has not been titled.

(13) “New recreational vehicle dealer” means a person, firm, corporation, or business entity who is engaged in the business of buying, selling, or exchanging new recreational vehicles or new recreational trailers.

(14) “Proprietary part” means any part manufactured by or for, and sold exclusively by, the manufacturer.

(15) “Supplier” means any person, firm, corporation, or business entity that engages in the manufacturing of new recreational vehicle or new recreational trailer parts, accessories, or components.

(16) “Transient customer” means a customer who is temporarily traveling through a new recreational vehicle dealer’s area of sales responsibility.

(17) “Travel trailer” means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use. A “travel trailer” must be of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle.

(18) “Warrantor” means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a new recreational vehicle or new recreational trailer, or parts, accessories, or components thereof. The term “warrantor” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a new recreational vehicle dealer or other person not controlled by a manufacturer.
21 Del. C. § 4512 — Delaware Code / Title 21 / Chapter 45 / Section 4512
§ Â
        4512. Oversized motor vehicle and trailer parking.
Status: repealed

(a) In any residence district it shall be unlawful to park, store, or permit to be parked or stored on a highway within such residence district any of the following:

(1) Trailer, semi-trailer, or recreational trailer unattached to a motor vehicle.

(2) A motor vehicle the length of which is greater than 276 inches or the width of which is over 96 inches or the height of which is over 120 inches or the gross vehicle weight of which exceeds 10,000 pounds, as such weight has been registered and recorded with the Delaware Division of Motor Vehicles (or as recorded with any other state’s Department of Motor Vehicles).

(b) Motor vehicles parked pursuant to the following situations shall be exempt from this section:

(1) Any motor vehicle parked on a highway within a residence district in conjunction with ongoing legal service or work being performed in relation to a residence or business contained therein. Notwithstanding the above, the motor vehicle may remain parked within such residence district only for the time necessary to complete such work or service. This exemption shall only apply if such motor vehicle is parked immediately and entirely adjoining the property of the residence or business, being serviced. Examples of such motor vehicles include, but are not limited to, delivery trucks, limousine services, and moving trucks.

(2) Any motor vehicle used for work being performed or on call in case of emergencies for any of the following:

a. By a “public utility” as defined in § 102 of Title 26 or by others working on its behalf.

b. In connection with a “cable television system” as defined in § 102 of Title 26.

c. By a municipality or municipal electric company or by others working on their behalf.

(c) In any residence district, it shall be unlawful to park, store, or permit to be parked or stored on a highway within such residence district, any motor vehicle with a trailer, semi-trailer, or recreational trailer attached unless it satisfies 1 of the following:

(1) It is parked, stored, or permitted to be parked or stored on the highway immediately and entirely adjacent to the owner’s property.

(2) The exemptions otherwise applicable to motor vehicles in subsection (b) of this section apply.

(d) [Repealed.]

(e) The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking of any trailer, semitrailer, or recreational trailer unattached to a motor vehicle on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highways or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such prohibitions or restrictions may be declared to be effective either part or all of the time, and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ. One sign located at the beginning of the roadway is sufficient to prohibit or restrict stopping, standing, or parking for the length of the roadway. The Department shall provide a list of roadways or sections of roadways for which it has placed signs prohibiting or restricting the stopping, standing, or parking to the Division of Safety and Homeland Security and law-enforcement agencies across the state.
21 Del. C. § 4712 — Delaware Code / Title 21 / Chapter 47 / Section 4712
§ Â
        4712. Authority to enforce regulations.
Status: in_force

(a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed in their presence.

(b) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers authorized by the law to make arrests for violations of this chapter without a warrant are authorized upon reasonable and probable cause to believe, based upon personal investigation of a motor vehicle accident which may include information obtained from eyewitnesses, that a violation has been committed by any person then and there present and to arrest such person without a warrant.
21 Del. C. § 4312 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4312
§ Â
        4312. Safety glass â Equipment; definition.
Status: in_force

(a) No person shall operate, on any public highway or street in this State, any motor vehicle which is registered in the State and which has been manufactured or assembled on or after July 1, 1937, unless such motor vehicle and/or any trailer drawn thereby is equipped with safety glass, wherever glass is used in partitions, doors, windows or windshields.

(b) The term “safety glass” as used in this subchapter means glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from external sources or by glass when the glass is cracked or broken.
21 Del. C. § 6706 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6706
§ Â
        6706. Seizure of vehicle where number is altered or removed.
Status: in_force

(a) Any member of the State Highway Police or any automobile inspector shall summarily seize in the name of the State and take from any person, other than the rightful owner thereof, any motorcycle or motor vehicle or other vehicle in the person’s possession, if the manufacturer’s serial number or any other manufacturer’s trade or distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed or wherever there is reasonable grounds to believe such serial number, trade number or other distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed. The officer making the seizure shall at once deliver the motorcycle or motor vehicle or other vehicle to the Secretary of Safety and Homeland Security (hereinafter “Secretary”) who may hold the motor vehicle or other vehicle until the Secretary has determined the true owner thereof. Upon such determination, the Secretary shall notify the true owner that the Secretary has such motorcycle or motor vehicle or other vehicle in possession, and the Secretary shall deliver the same to such owner upon payment to the Secretary of the cost of the delivery.

(b) The Secretary of Safety and Homeland Security shall hold in possession any motorcycle or motor vehicle or other vehicle seized under subsection (a) of this section for at least 10 days after such seizure, during which time the person from whom the vehicle was taken shall have the right to replevy it.

(c) If, at the end of 10 days, the person from whom the said vehicle or engine has been seized fails to provide the Director of the Division of Motor Vehicles, or 1 of the Director’s authorized agents, sufficient proof of the origin and the ownership of a vehicle and the origin of its engine, the vehicle or engine shall be considered abandoned and disposed of pursuant to Chapter 44 of this title.
21 Del. C. § 4334 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4334
§ Â
        4334. Tail lamps.
Status: in_force

(a) Every motor vehicle, trailer, semitrailer and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least 1 tail lamp, mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, provided, that, in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Provided, however, that every such above mentioned vehicle, other than a truck tractor, registered in this State and manufactured or assembled after July 1, 1956, shall be equipped with at least 2 tail lamps mounted on the rear, which, when lighted as herein required, shall comply with this section.

(b) Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches.

(c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
21 Del. C. § 2139DD — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139DD
§ Â
        2139DD. Special license plate to support pollinators.
Status: in_force

(a) The owner of a vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a special “Support Pollinators” plate. The Division shall issue the plate if it receives at least 50 such applications.

(b) This section applies only to:

(1) A private passenger vehicle.

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

a. The motor vehicle described in this paragraph (b)(2) may be owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.

b. A truck that qualifies to register for the International Registration Plan (“IRP”), individually, or as part of a combination of vehicles, as defined in § 101 of this title, may not be issued a special plate under this section.

(c) (1) On the initial application for a plate to be issued under this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title.

(2) The initial application fee under paragraph (c)(1) of this section is required for a person applying for a plate under this section, including a member of a nonprofit organization, even if the member is exempt from registration fees under § 2159 of this title.

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

(d) The Division shall deposit the 1-time administrative fee collected under subsection (c) of this section into a special fund and use the fund to promote the sale of the plate and for administering this section. Proceeds remaining after the Division has covered the costs of promoting the sale of the plate and administering this section must be applied under subsection (e) of this section.

(e) The Division shall deposit with the Department the funds derived by the State from the portion of the 1-time fee of $50 that is not defined as an administrative fee under subsections (c) and (d) of this section. The Department shall set aside the deposited funds. The Department shall use the set aside deposited funds for pollinator-related work, such as native species and milkweed plantings.

(f) (1) A plate issued under this section must be of the colors and design as determined by the Division and the Department’s Environmental Studies Office.

(2) The numbers or letters assigned by the Division must be the same as the plate assigned to an owner’s vehicle at the time of the application for the plate.

(3) The Department’s Environmental Studies Office may drop the wording “The First State” and substitute “Support Pollinators, Plant Native Species”.

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

(g) The Division may adopt regulations to administer this section.
21 Del. C. § 2122 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2122
§ Â
        2122. Unauthorized use of or addition to plates.
Status: in_force

(a) No person shall use or exhibit in a manner or at a time not authorized by this chapter, or by the rules and regulations of the Department with respect thereto, any number of registration plates or accessory plates, or display or use any unauthorized design, symbol, or legend on or attached to any such plates.

(b) (1) Any police officer is authorized to make a stop for purposes of enforcing this section, upon reasonable and articulable suspicion that a violation of subsection (a) of this section has occurred.

(2) A violation of subsection (a) of this section is a moving violation, subject to all of the following:

a. Jurisdiction of a Justice of the Peace Court under § 703 of this title.

b. Penalties under § 2116(a) of this title.

(c) A violation of subsection (a) of this section is also grounds for failing an inspection under subchapter III of this chapter.
21 Del. C. § 2943 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2943
§ Â
        2943. Duration of suspension of license.
Status: in_force

The license and nonresident’s operating privilege suspended pursuant to § 2942 of this title shall remain suspended and shall not be renewed nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is satisfied in full or to the extent provided in this subchapter, and until such person gives proof of financial responsibility subject to the exemptions stated in §§ 2942 and 2945 of this title.
21 Del. C. § 3108 — Delaware Code / Title 21 / Chapter 31 / Section 3108
§ Â
        3108. Penalties.
Status: in_force

(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both. Justices of the peace shall have jurisdiction over violations of this chapter.

(b) This section shall not apply to violations defined as perjury under § 3107 of this title.
21 Del. C. § 6417 — Delaware Code / Title 21 / Chapter 64 / Section 6417
§ Â
        6417. Review of disclosure statements.
Status: in_force

(a) All disclosure statements and motor vehicles in the possession of a dealer shall be made available for review upon demand by the Division of Motor Vehicles or by its authorized agents.

(b) The Secretary shall have the authority to promulgate regulations for administering this chapter.
21 Del. C. § 6314 — Delaware Code / Title 21 / Chapter 63 / Section 6314
§ Â
        6314. Suspension and hearing notices.
Status: in_force

(a) No license issued under this title shall be suspended, revoked or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee against whom the same is directed. The written notice of complaint shall be sent to the licensee by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division. The written notice shall inform the licensee of the following:

(1) This Division’s intention to suspend, revoke or deny renewal of the dealership license.

(2) The nature of the complaint and the law or regulation allegedly violated by the dealership.

(3) The notice shall cite the law or regulation giving the Division authority to act.

(4) The notice shall inform the dealer of its right to request a hearing to dispute the complaint. The hearing must be requested within 10 days from earlier of the dates that the dealer received the certified letter or the Division received the return receipt on the certified letter.

(5) The notice shall inform the dealer of its right to present evidence, to be represented by counsel and to appear personally or by other representative at the hearing.

(b) The Division shall inform a dealer requesting a hearing of the date, time and place the hearing shall be held. The notification shall be provided by certified mail, return receipt requested, and shall give at least 20 days prior notice to all parties involved, unless waived by the dealer. The notice shall inform the parties of the Division’s obligation to reach its decision based upon the evidence received.

(c) The Division Director or designated representative may order a temporary emergency dealer license suspension. Any suspension issued under this subsection shall be exempt from the provisions required in subsections (a) and (b) of this section, except as provided herein.

The following guidelines shall apply for this temporary suspension.

(1) If a dealer has 5 outstanding violations of §§ 2306(e) and/or 2509 of this title for not submitting a buyer’s vehicle title application to the Division within the required 30 days from the date of sale; and

(2) A dealer has been provided 5 days’ written notice by the Division to submit the required paperwork but has failed to comply, then the Division will place a temporary emergency dealer license suspension notice on or near the entrance of the dealer’s place of business to notify potential buyers that the dealer’s license is temporarily suspended.

(3) Unauthorized removal of the notice or failure to comply with the temporary emergency dealer license suspension order may result in the immediate permanent suspension of the dealer’s license, after notice and an opportunity for a hearing under subsections (a) and (b) of this section.

(4) The temporary emergency dealer license suspension will be lifted by the Division when the required vehicle title applications and payments are submitted to the division.

(5) A dealer who fails to submit the required vehicle title applications and payments within 10 days after receiving a temporary emergency dealer license suspension may have its dealer license permanently suspended, after notice and an opportunity for a hearing under subsections (a) and (b) of this section.
21 Del. C. § 4301 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4301
§ Â
        4301. Hard rubber tires.
Status: in_force

Every solid rubber tire on a vehicle moved on any highway shall have rubber at least 1 inch thick above the edge of the flange of the entire periphery on its entire traction surface.
21 Del. C. § 4106 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4106
§ Â
        4106. Authorized emergency vehicles.
Status: in_force

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the speed limits so long as the driver does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this title, except that an authorized emergency vehicle operated as a police vehicle need not make use of such signals.

(d) The driver of an emergency vehicle is not liable for any damage to or loss of property or for any personal injury or death caused by the negligent or wrongful act or omission of such driver except acts or omissions amounting to gross or wilful or wanton negligence so long as the applicable portions of subsection (c) of this section have been followed. The owner of such emergency vehicle may not assert the defense of governmental immunity in any action on account of any damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of such driver or owner.

(e) Authorized emergency vehicles within the meaning of this chapter mean vehicles of a fire department, police vehicles, ambulances, vehicles used by a fire chief, deputy fire chief, assistant fire chief, chief engineer or fire police officer of any duly organized fire company in the performance of those duties, vehicles under the control of the Delaware State Fire Prevention Commission, the vehicle of the State Forester in the performance of the State Forester’s duties, the vehicle of the Forest Fire Control Supervisor in the performance of the Forest Fire Control Supervisor’s duties, the vehicles of the State Emergency Response Team in the performance of its duties, the vehicles of the Department of Correction, Bureau of Prisons and Bureau of Community Corrections in the performance of their respective duties, and emergency vehicles of state, federal, county or municipal departments or public service corporations as are designated or authorized by the Secretary of Safety and Homeland Security.
21 Del. C. § 4353 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4353
§ Â
        4353. Special restrictions on lamps.
Status: in_force

(a) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower, shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.

(b) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this subchapter.

(c) Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment, vehicles authorized by the Secretary of Safety and Homeland Security if determined to be in the interest of public safety, or on any vehicle as a means of indicating a right or left turn or the presence of a vehicular hazard requiring unusual care in approaching, overtaking or passing, or when included in a motorcycle, moped, or motorized scooter brake light system in which the brake lamp pulses rapidly for no more than 5 seconds when the brake is applied, and then converts to a continuous light as a normal brake lamp until the time that the brake is released.
21 Del. C. § 3209 — Delaware Code / Title 21 / Chapter 32 / Section 3209
§ Â
        3209. Concurrent agents, joint agents, and successor agents.
Status: in_force

(a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently.

(b) A principal may designate 2 or more persons to act as joint agents. No joint agent shall have the power to act without the agreement of all other joint agents and shall have no power to act independent of the other agent.

(c) If the principal designates more than 1 agent and does not specify that they are concurrent agents or joint agents, such agents shall be considered concurrent agents.

(d) A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the personal power of attorney otherwise provides, a successor agent:

(1) Has the same authority as that granted to the original agent; and

(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(e) A principal may give an appointed agent or another person designated by name, office or function the authority to designate by a writing executed by such person, 1 or more concurrent, joint, or successor agents in addition to those designated in the personal power of attorney. Unless the personal power of attorney authorizing the appointment of such further agents otherwise provides, a concurrent, joint, or successor agent appointed by this method:

(1) Has the same authority as that granted to the original agent; and

(2) May not act until the predecessor designee has resigned, died, become incapacitated, is no longer qualified to serve, or has declined to serve.

(f) Except as otherwise provided in the personal power of attorney and subsection (g) of this section, an acting agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(g) An acting agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
21 Del. C. § 2139E — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139E
§ Â
        2139E. Special license plates for retired military personnel of the United States Armed Forces.
Status: in_force

(a) (1) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special retired military registration number; provided, however, that the owner of the vehicle must possess official documentation which indicates that the owner has retired from the United States armed forces.

(2) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant has been honorably discharged from the United States armed forces after having served an aggregate minimum of 20 years in 1 or more of the branches of the United States armed services.

(b) This section applies only to:

(1) A private passenger vehicle; or

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

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

(d) The Department shall reserve sufficient special license plates numbered consecutively beginning with the numeral “1” as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include the insignia of the seal of the branch of the armed services from which the applicant retired directly above the word “retired.”

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 8412 — Delaware Code / Title 21 / Chapter 84 / Section 8412
§ Â
        8412. Regulations [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

The Division of Motor Vehicles shall have the authority to promulgate and adopt rules and regulations necessary to carry out the provisions of this chapter.
21 Del. C. § 2726 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2726
§ Â
        2726. Motorcycle rider education program â Established.
Status: in_force

(a) The Department of Transportation shall implement a motorcycle rider education program meeting the requirements of this section and § 2727 of this title and any rules or regulations promulgated by the Department.

(b) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who desire to participate in such a program.

(c) Courses shall be open to all residents of the State who either hold a current valid driver’s license or who are eligible for a motorcycle learner’s permit. The course shall be open to all persons in the military service stationed in Delaware and their families.

(d) State assisted or private instructional services may offer courses in motorcycle rider education; provided, however, such course offerings meet the requirements of this section and § 2727 of this title. Such course offerings by State assisted or private instructional services may be reimbursed under this section and § 2727 of this title. The Secretary may also enter into contracts for needed services related to the courses.

(e) The Department of Transportation shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle.

(f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the motor rider education program.

(g) For any person who successfully completes the motorcycle rider education program, the Department’s motorcycle written examination and road test shall be waived.

(h) The total budget for the motorcycle rider education program shall be based on the revenue available or estimated to be available in the special account established for the motorcycle rider education program.
21 Del. C. § 2147 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2147
§ Â
        2147. Reconstructed motor vehicles.
Status: in_force

(a) Any motor vehicle that is more than 25 years old with a title brand of “reconstructed” that does not qualify to be registered as an antique motor vehicle under this chapter shall be exempt from emissions testing by the Division of Motor Vehicles. The vehicle must continue to meet and be inspected for safety and anti-tampering requirements for its model year.

(b) A vehicle exempt from emissions testing as set forth in subsection (a) of this section shall only be used for participation in club activities, exhibits, tours, parades, and similar uses, but in no event shall it be used for general transportation or 1,000 miles per year.

(c) Vehicles exempted under subsection (a) of this section shall provide a self-certification that the vehicle had not traveled in excess of the mileage allowed under subsection (b) of this section. If this certification is not submitted or the vehicle had traveled in excess of the mileage allowed, the vehicle will be deemed no longer eligible for the exemption.
21 Del. C. § 2807 — Delaware Code / Title 21 / Chapter 28 / Section 2807
§ Â
        2807. Courtâs findings; judgment; prothonotary to submit copy.
Status: in_force

If the court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. If the court finds that the person is the same person named in the abstract and that the person is an habitual offender, the court shall by appropriate judgment direct that such person not drive or operate a motor vehicle on the highways of this State and to surrender to the court all licenses or permits to operate a motor vehicle upon the highways of this State. The prothonotary shall forthwith transmit a copy of such judgment together with any licenses or permits surrendered to the Department.
21 Del. C. § 4374 — Delaware Code / Title 21 / Chapter 43 / Subchapter IV / Section 4374
§ Â
        4374. Equipment required on motor vehicles transporting railroad employees; penalty.
Status: in_force

(a) Every motor vehicle provided by a railroad company and used to transport employees shall be equipped with adequate seating facilities, heating facilities and facilities for communication between occupants of the front seat of the vehicle and the occupants in the rear compartment of the vehicle. This requirement shall not apply to motor vehicles used to transport employees distances of less than 5 miles from their regular assembly point nor in cases of extreme emergency.

(b) If any dispute arises as to the adequacy of the facilities provided for in this section, it shall be submitted to and decided by the Director of the Division of Motor Vehicles.

(c) The Department may rescind, cancel or suspend the registration of any motor vehicle described in subsection (a) of this section and may rescind, cancel, suspend or take possession of the current registration plates of any such motor vehicle which is determined by the Department to be not equipped as required by this section.
21 Del. C. § 2509 — Delaware Code / Title 21 / Chapter 25 / Section 2509
§ Â
        2509. Delivery of title application to Department.
Status: in_force

If a licensed dealer holds for sale a motor vehicle, truck tractor, trailer or any other vehicle required by this title to be registered or titled by the Department and transfers the motor vehicle, truck tractor, trailer or other vehicle to someone other than another licensed dealer who holds such vehicle for sale, the dealer shall:

(1) Comply with this chapter; and

(2) Within 30 days of the date of delivery of the vehicle to the purchaser or transferee, transmit to the Department the application for certificate of title and such other accompanying documents and fees as are required by the Department; or

(3) Within 10 days of the date of delivery of the vehicle, transmit to the purchaser or transferee of such vehicle the application for certificate of title and such other accompanying documents as are required by the Department, in which case the transferee or purchaser shall submit the application and other documents to the Department within 30 days of the date of delivery of the vehicle.

(4) If, due to extenuating circumstances, the dealer or purchaser or transferee is unable to transmit the application to the Department within 30 days of the date of delivery of the vehicle, the Director, in the Director’s discretion may grant an extension of time within which the dealer, purchaser or transferee must do so.
21 Del. C. § 2140I — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140I
§ Â
        2140I. Special registration plates supporting autism awareness and acceptance.
Status: in_force

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

(b) This section applies to:

(1) A private passenger vehicle; or

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

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

b. A truck that qualifies to register for the International Registration Plan (IRP), individually, or as part of a combination of vehicles, as defined § 101 of this title, may not be issued a special plate under this section.

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

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

(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited with the Autism Delaware, Inc. for its deposit in the Autism Awareness and Acceptance Fund.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Autism Delaware, Inc. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The committee may, at its discretion, drop the wording “The First State” and substitute in place thereof the wording “Autism Awareness” or “Autism Acceptance”. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 2953 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2953
§ Â
        2953. Substitution of proof.
Status: in_force

The Secretary of Transportation shall consent to the cancellation of any bond or certificate of insurance or the Secretary of Transportation shall direct the return of, and the State Treasurer shall return, any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
21 Del. C. § 6420 — Delaware Code / Title 21 / Chapter 64 / Section 6420
§ Â
        6420. Penalties; jurisdiction.
Status: in_force

(a) Any person who violates any of the provisions of § 6404(a) of this title, shall be fined not less than $10 nor more than $100.

(b) Any person who violates any provisions in this chapter except § 6404(a) of this title shall be guilty of a misdemeanor and shall be fined not less than $1,000 nor more than $5,000 for each such violation. Any person who is guilty of a second or subsequent violation of this chapter except § 6404(a) of this title shall be fined not less than $2,000 nor more than $10,000 for each subsequent violation.

(c) In the case of a first offense by a dealer or dealership, such dealer or dealership may be placed on probation as a licensed Delaware motor vehicle dealer by the Division of Motor Vehicles for a period of 1 year. Any violation of this chapter by a dealer or dealership during any year of probation may result in the suspension of the license of the dealer or dealership for a period not exceeding 1 year.

(d) In the case of a second or subsequent violation of this chapter by a dealer or dealership, the Division of Motor Vehicles may suspend the license and/or privileges of the dealer or dealership for a period not to exceed 1 year.

(e) Common Pleas Court shall have jurisdiction violations of this chapter.
21 Del. C. § 2115 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2115
§ Â
        2115. Violations of registration provisions.
Status: in_force

It is unlawful to do any of the following:

(1) Operate or, being the owner of any motor vehicle, trailer, or semitrailer, knowingly permit the operation upon a highway of any motor vehicle, trailer, or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number plate or plates assigned thereto by the Department and unexpired registration plate or plates, subject to the exemptions allowed in this title, or under temporary or limited permits as otherwise provided by this title.

(2) Display or cause or permit to be displayed or have in possession any registration card, number plate, or registration plate, knowing the same to be fictitious or to have been canceled, revoked, suspended, or altered.

(3) Lend to, or knowingly permit the use by, one not entitled thereto any registration card, number plate, or registration plate issued to the person so lending or permitting the use thereof.

(4) Fail or refuse to surrender to the Department upon demand any registration card, number plate, or registration plate which has been suspended, canceled, or revoked as provided in this title.

(5) Use a false or fictitious name or address in any application for the registration or inspection of any vehicle, or for any renewal or duplicate thereof, or for any certificate or transfer of title, or knowingly make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application.

(6) Drive or move or, being the owner, cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or which is equipped in any manner in violation of this title, but the provisions of this title with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.

(7) Own or operate any qualified motor vehicle as defined under the International Registration Plan, as authorized in Chapter 4 of this title, not properly displaying an apportioned plate with required registration credentials, or operate a qualified motor vehicle without having in that person’s possession a trip permit registration as authorized in § 2103(6) of this title. Any person who violates this paragraph shall, for the first offense, be fined not less than $115 nor more than $345, and for each subsequent offense not less than $345 nor more than $575. In addition, such person shall also be fined in an amount which is equal to the cost of registering the vehicle at its gross weight at the time of the offense or at the maximum legal limit, whichever is less, which fine shall be suspended if, within 5 days of the offense, the court is presented with a valid registration card for the gross weight at the time of the offense or the maximum legal limit for such vehicle.

(8) Operate or tow any farm vehicle upon the highways or roads of this State unless properly licensed by the Department, or being the owner of any farm vehicle knowingly permit the operation or towing of any farm vehicle upon the highways or roads of this State unless operated or towed by a person who is properly licensed by the Department, whether or not the farm vehicle is exempt from inspection pursuant to § 2113 of this title.

(9) Possess, operate any motor vehicle with, purchase, install, manufacture, sell, offer to sell, or otherwise distribute a number plate flipping device. A “number plate flipping device” means a manual, electric, or mechanical device designed or adapted to be installed on a motor vehicle that does either of the following:

a. Switches between 2 or more number plates for the purpose of allowing a motor vehicle operator to change the number plate displayed on the operator’s vehicle.

b. Hides a number plate from view by turning the number plate so that the number plate registration number is not visible.

(10) Do any act forbidden or fail to perform any act required under this chapter.
21 Del. C. § 8607 — Delaware Code / Title 21 / Chapter 86 / Section 8607
§ Â
        8607. Exemption; vicarious liability.
Status: in_force

A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
21 Del. C. § 2756 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2756
§ Â
        2756. Driving vehicle while license is suspended or revoked; penalty.
Status: in_force

(a) Any person whose driver’s license or driving privileges have been suspended or revoked and who drives any motor vehicle upon the highways of this State during the period of suspension or revocation shall for the first offense be fined not less than $500 nor more than $1,000 and be imprisoned not less than 30 days nor more than 6 months. For each subsequent like offense, such person shall be fined not less than $1,000 nor more than $4,000 and in addition be imprisoned not less than 60 days nor more than 1 year. However, for a first offense under this section, if the suspension or revocation resulted from a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $600. For purposes of this section a subsequent offense shall be defined as one occurring within 3 years of a former offense.

(b) The minimum fine for a first or subsequent offense shall not be subject to suspension. The minimum period of imprisonment for a subsequent offense shall not be subject to suspension. In addition, for any offense under this section, if the suspension or revocation resulted from a violation of any criminal statute pertaining to injury or death caused to another person by the person’s driving or operation of a vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $2,000 and shall not be subject to suspension and the minimum period of imprisonment shall not be subject to suspension but shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205A(b) of this title.

(c) (1) With respect to any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 2742 or § 4177 of this title or pursuant to § 2732 of this title, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order the said vehicle be impounded for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting police agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of such vehicle should cease. Prior to release of said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting police agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(2) In lieu of impoundment, the number plate or registration plate of any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 4177 or § 2742 of this title or pursuant to § 2732 of this title, shall be surrendered to the Department for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the surrender of said plate should cease.

(d) Notwithstanding the foregoing, if the judge determines that the sole reason that an individual’s license was suspended is failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), the provisions of subsections (a) to (c) of this section shall not apply and the penalties of § 2701(e) of this title shall apply, which penalties may be suspended.
21 Del. C. § 4198E — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198E
§ Â
        4198E. Inspecting bicycles.
Status: in_force

A uniformed police officer may at any time, upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate.
21 Del. C. § 6716 — Delaware Code / Title 21 / Chapter 67 / Subchapter II / Section 6716
§ Â
        6716. Administrative inspections and warrants.
Status: in_force

(a) Any person engaged in the business of maintaining or operating a motor vehicle salvage yard, junkyard or automotive graveyard, or who is a dealer in used motor vehicle parts, or the employees of such person or business, shall admit any police officer acting within the officer’s jurisdiction onto the premises after the police officer has been identified as such. Upon entrance, the police officer is empowered to examine any junk or salvage motor, vehicle or parts thereof, all books and records required to be kept pursuant to this subchapter and buildings and may search for and take into possession any junk or salvage motor vehicle or part thereof if it is known to have been stolen or if the police officer has reason to believe it has been stolen.

(b) Insurance and execution of administrative search warrants shall be as follows:

(1) Any person authorized to issue search warrants in this State may, within the person’s jurisdiction and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this chapter and rules hereunder and seizures of property appropriate to the inspection. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter and rules hereunder, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

(2) A warrant shall issue only upon an affidavit of a designated police officer having knowledge of the facts alleged, sworn to before the judge or the justice of the peace and establishing the grounds for issuing the warrant. If the judge or the justice of the peace is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or the justice of the peace shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection and, if appropriate, the type of property to inspect, if any. The warrant shall:

a. State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

b. Be directed to a person designated as a police officer to execute it;

c. Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

d. Identify the item or types of property to be seized, if any;

e. Direct that it be served during normal business hours and designate the judge or justice of the peace to whom it shall be returned.

(3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of the need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. A return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the premises of the person executing the warrant and of the person from whose possession or premises the property was taken, if present at the time, or in the presence of at least 1 credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

(4) The judge or justice of the peace who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the prothonotary in the county in which the inspection was made.

(5) This section shall not prevent the inspection without a warrant of books and records required to be kept pursuant to statute or the areas designated by this section, nor does it prevent any entries and administrative inspections, including seizures of property without a warrant:

a. If the owner/operator or agent in charge of the controlled premises consents; or

b. In all other situations in which a warrant is not constitutionally required.
21 Del. C. § 4401 — Delaware Code / Title 21 / Chapter 44 / Section 4401
§ Â
        4401. Purpose; abandoned vehicles on private property or public highways; definition.
Status: in_force

(a) The purpose of this chapter is to eliminate abandoned vehicles which tend to impede traffic in the streets or interfere with the enjoyment of, and reduce the value of, private property, to invite plundering, to create fire hazards and other safety and health hazards to children as well as to adults, to interfere with the comfort and well-being of the public and to create, extend and aggravate urban blight.

(b) Any vehicle that is either: (1) inoperable, dismantled, wrecked, or which displays expired registration plates which are at least 30 days expired, or which displays no registration plates, or from which major components have been removed, is in such a state of disrepair as to be incapable of being operated in the manner for which it is designed and is situated on private property appearing to have been abandoned; or (2) which is inoperable, dismantled, wrecked, or which displays expired registration plates which are at least 30 days expired, or which displays no registration plates, or from which the major components have been removed and which shall have been placed upon any State or public highway or property or the property or roads of any political subdivision or the State or public highways within a municipality or upon any express highway in the State for a period in excess of 12 hours without being removed, shall be considered to be abandoned for the purpose of this chapter, except:

(1) That vehicles and equipment used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this chapter;

(2) Those vehicles whose owners have properly parked and locked them and have notified the State Police, county police or municipal police, as the case may be, as designated in § 4402 of this title, that the owner desires to leave the vehicle so parked and secured for a period not to exceed 30 days, except that if during such period the vehicle is no longer secured, or, in the opinion of the State Police, county police or municipal police, has become a danger to the public, then the vehicle shall be subject to the provisions of this chapter.

(c) As used in this chapter, the term “express highway” or “state highway” or “public highway” shall include any portion of the highway located within the right-of-way lines or, in the case of limited access highway, the denial of access lines, including shoulders and median strip.
21 Del. C. § 4338 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4338
§ Â
        4338. Additional equipment required on certain vehicles.
Status: in_force

In addition to other equipment required in this chapter, the following vehicles shall be equipped as herein stated under the conditions stated in § 4337 of this title:

(1) On every bus or truck, whatever its size, there shall be the following:

On the rear, 2 reflectors, 1 at each side, and 1 stoplight;

(2) On every bus or truck 80 inches or more in overall width, in addition to the requirements in paragraph (1) of this section:

On the front, 2 clearance lamps, 1 at each side; on the rear, 2 clearance lamps, 1 at each side; on the side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear; on each side, 2 reflectors, 1 at or near the front and 1 at or near the rear;

(3) On every truck tractor:

On the front, 2 clearance lamps, 1 at each side; on the rear, 1 stoplight;

(4) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:

On the front, 2 clearance lamps, 1 at each side; on each side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear; on each side, 2 reflectors, 1 at or near the front and 1 at or near the rear; on the rear, 2 clearance lamps, 1 at each side; also 2 reflectors, 1 at each side and 1 stoplight;

(5) On every pole trailer in excess of 3,000 pounds gross weight:

On each side, 1 side marker lamp and 1 clearance lamp which may be in combination to show to the front, side and rear; on the rear of the pole trailer or load, 2 reflectors, 1 at each side;

(6) On every trailer, semitrailer or pole trailer weighing 3,000 pounds gross or less:

On the rear, 2 reflectors, 1 on each side. If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with 1 stoplight.
21 Del. C. § 2725 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2725
§ Â
        2725. Standards.
Status: in_force

The Secretary shall have the authority to promulgate standards which may be applied by the Medical Advisory Board. Such standards shall also apply to the final determination of the Secretary upon the physical, visual or mental abilities of a driver or applicant.
21 Del. C. § 706 — Delaware Code / Title 21 / Chapter 7 / Section 706
§ Â
        706. Disposition of fines and costs.
Status: in_force

(a) All fines collected for the violation of any of the provisions of this title, in the limits of any county, incorporated city or town in this State where arrests are procured by the authorized representatives of that county, incorporated city or town, shall be paid to that county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing in this section shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title in relation to motor vehicles, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of the provisions of this title shall be paid to the jurisdiction whose court imposed said costs.

(b) All fines and costs collected as a result of radar or other speed timing devices, where the device is operated to determine speed beyond the corporate limits of an incorporated city or town but within the jurisdiction of the extended corporate limits provided by the applicable municipal charter, shall be paid to the State Treasurer for the General Fund.

(c) Violation, refusal or neglect to comply with any of the provisions regarding the disposal of fines and forfeitures as provided in subsection (a) of this section shall constitute misconduct in office and shall be ground for removal therefrom.
21 Del. C. § 6703 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6703
§ Â
        6703. Tampering with vehicle.
Status: in_force

No person shall, without the consent of the owner or person in charge of a vehicle, climb into or upon such vehicle with the intent to commit any crime, malicious mischief or injury thereto or, while a vehicle is at rest and unattended, attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof or to set the vehicle in motion.

This section shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
21 Del. C. § 2303 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2303
§ Â
        2303. Bill of sale for new vehicle.
Status: in_force

When the application for a certificate of title refers to a new vehicle purchased from a dealer, the application shall be accompanied by the bill of sale or other written statement of the sale by the dealer, which bill of sale or statement shall show any lien upon the vehicle retained by the dealer.
21 Del. C. § 6304 — Delaware Code / Title 21 / Chapter 63 / Section 6304
§ Â
        6304. Expiration and renewal of license.
Status: in_force

Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 vehicles between January 1 and December 31 of each year shall be denied license renewal. The Director of the Division of Motor Vehicles may, on written request by a dealer, permit renewal of a dealer’s license for dealers selling less than 5 vehicles for good cause shown in writing to the Department.
21 Del. C. § 4198M — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198M
§ Â
        4198M. Mopeds and tripeds.
Status: in_force

(a) Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.

(b) No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title. The licensee shall have such license in the licensee’s immediate possession at all times when operating a moped or triped. The licensee does not need a motorcycle endorsement to operate a moped or triped.

(c) Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any path set aside for the exclusive use of bicycles.

(d) Mopeds or tripeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The registration and reregistration fee for mopeds or tripeds shall be $5.00 for a 3-year registration period. Upon registration of a moped or triped, the Division of Motor Vehicles shall issue a decal or a distinctive number plate to be affixed to the moped or triped as indication of registration.

(e) Title and vehicle document fees must be paid. Liens can be recorded.

(f) A moped license plate will be issued and has to be displayed on the rear of the moped so it is clearly visible. All moped registrations will expire on December 31. A registration card will be issued in the same manner as other vehicles.

(g) Safety inspections. — Mopeds shall be exempt from Delaware’s safety inspection. Division of Motor Vehicles personnel will verify the vehicle identification number on those vehicles titled in another jurisdiction which are being titled in Delaware for the first time. A fee of $15 shall be charged for Division of Motor Vehicles technicians to perform an offsite vehicle identification number verification.

(h) No motor vehicle insurance is required for the operation of a moped or triped.

(i) A person under 18 years of age shall not operate or ride as a passenger upon a moped or triped unless that person is wearing a properly fitted and fastened helmet which meets or exceeds the standards set forth in § 4198K of this title.

(j) If the moped or triped owner is not a Delaware resident, Delaware will honor the laws of the owner’s home state regarding the registration of such vehicle. However, the operator of a moped or triped must hold a valid driver license from the operator’s state of residence.
21 Del. C. § 2711 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2711
§ Â
        2711. Application for license.
Status: in_force

(a) Every application for an operator’s license shall be made on an application form furnished by the Department. The original application shall be verified by the applicant before a person authorized to administer oaths.

(b) Every application shall state the name, social security number, if eligible, date of birth, sex and residence address of the applicant and whether or not the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation.

(c) Regardless of the age of the applicant, the Division shall require documentary evidence satisfactory to the Division of the applicant’s name, date of birth, legal presence in the United States, Social Security number (if eligible), sex, and Delaware residence address.

(d) Any applicant who is able to provide satisfactory documentary evidence of all information described in subsection (c) of this section except for legal presence in the United States, may be eligible for a class D license or a class D temporary instruction permit valid for driving privileges only, hereinafter referred to as a driving privilege card or permit. Federal law prohibits any person from being eligible for a commercial driver license without providing satisfactory documentary evidence of legal presence in the United States.

(1) A driving privilege card or permit applicant must also provide the Division with satisfactory documentary evidence that the applicant, for each of the preceding 2 years, has:

a. Filed a Delaware income tax return; or

b. Resided in Delaware and been claimed as a dependent by an individual who has filed a Delaware income tax return.

(2) A driving privilege card or permit applicant must have completed the procedures required under § 8595 of Title 11.

(3) A driving privilege card or permit shall not be considered a valid form of identification for any purpose.

(4) Every applicant for or holder of a driving privilege card or permit under this section shall be subject to all of the provisions of this and any other title that apply to applicants and holders of class D driver licenses, class D temporary instruction permits, and level 1 learner permits.

(5) Notwithstanding any provision to the contrary, to ensure the public trust of the Delaware undocumented population that will utilize the driving privilege card for its intended purposes, all personal identifiable information collected during the application process shall be kept confidential, except in connection with purposes or procedures that would equally apply to applicants under subsection (c) of this section.

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

(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this subsection to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that the applicant’s signature constitutes consent to registration with the selective service system, if the applicant is not already registered.
21 Del. C. § 2731 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2731
§ Â
        2731. Duty of courts and police officers.
Status: in_force

(a) Every court and police officer having jurisdiction over offenses committed under any law of this State regulating the operation of motor vehicles on highways shall forward to the Department a record of the conviction of any person in any court for a violation of any of such laws within 30 days of the disposition of the case and may recommend the suspension of the driver’s license of the person so convicted. The Department shall thereupon consider and act upon such recommendation in such manner as it deems best.

(b) The Justice of the Peace Court and the Court of Common Pleas shall forward to the Department a record of the name and address of a person convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of this title who has been sentenced to pay a fine, fee, cost, assessment, or restitution and who has failed to pay the fine, fee, cost, assessment, or restitution at the time sentence was imposed or in accordance with an order of the court. The Justice of the Peace Court and the Court of Common Pleas shall include in the record the amount of the fine, fee, cost, assessment, or restitution owed by the convicted person. When the convicted person pays the fine, fee, cost, assessment, or restitution in full, the clerk or prothonotary shall provide the convicted person with a receipt confirming that the fine, fee, cost, assessment, or restitution has been paid in full.

(c) The voluntary assessment center shall forward to the Department a record of the name and address of each person who has been given a Uniform Traffic Complaint and Summons on which a voluntary assessment was permitted pursuant to § 709 of this title and who has failed to do any of the following:

(1) Pay the voluntary assessment within 30 days from the date of arrest.

(2) Notify the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have a hearing on the charge stated in the Uniform Traffic Complaint and Summons.

(3) Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.

(4) Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
21 Del. C. § 2907 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2907
§ Â
        2907. Disclosure of information relating to insurance.
Status: in_force

(a) A Delaware attorney who represents an injured person, or an individual injured in a motor vehicle accident who is not represented by an attorney, may, prior to the filing of a civil action for bodily injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose the bodily injury limits of liability of any motor vehicle liability policy, as defined by § 2902(a) of this title, that may be applicable to the claim.

(b) The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged liable party if it has been reported to the requesting party, a copy of the police report, if any, and the claim number, if available.

(c) When requesting the bodily injury limits of liability, the requesting party shall also submit to the insurer the injured person’s medical records, medical bills, and wage-loss documentation, pertaining to the claimed injury and supporting the damages referenced in subsection (d) of this section.

(d) If the total of the medical bills and wage losses submitted equals or exceeds $12,500, the insurer shall respond in writing within 30 days of receipt of the request, and shall disclose the bodily injury limits of liability at the time of the accident of all its motor vehicle liability policies, regardless of whether the insurer contests the applicability of the policy to the injured person’s claim.

(e) Disclosure of the bodily injury policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy.

(f) Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.

(g) The disclosure shall be confidential and available only to the individual injured and the attorney representing the injured person and personnel in the office of the attorney.
21 Del. C. § 2706 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2706
§ Â
        2706. Nonresident operators.
Status: in_force

(a) A nonresident over the age of 16 years who has been duly licensed under a law requiring the licensing of operators in the nonresident’s home state or country and who has in the nonresident’s immediate possession a valid operator’s license issued to the nonresident in the nonresident’s home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle upon the highways of this State.

(b) No nonresident whose home state or country does not require the licensing of operators and who has not been licensed as an operator in the nonresident’s home state or country shall operate any motor vehicle upon any highway in this State without first making application for and obtaining a license as an operator as required under this chapter, except that any unlicensed nonresident who is over the age of 16 years and who is the owner of a motor vehicle which has been duly registered for the current registration year in the state or country of which the owner is a resident may operate such motor vehicle upon the highways of this State for a period of not more than 30 days in any 1 year without making application for or obtaining an operator’s license under this chapter upon condition that the motor vehicle shall at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the nonresident owner has in the nonresident’s immediate possession a registration card evidencing such ownership and registration in the nonresident’s home state or country.
21 Del. C. § 6801 — Delaware Code / Title 21 / Chapter 68 / Section 6801
§ Â
        6801. OHV registration â Required.
Status: in_force

(a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any highway except as hereinafter specifically provided. No person shall sell an OHV without furnishing the buyer a bill of sale.

(b) Proof of such registration shall be available for inspection upon demand by any peace, environmental protection or law-enforcement officer; however, the operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained under this chapter, such registration having been legally issued at a time prior to the operator’s arrest.

(c) Snowmobiles are excluded from this chapter.
21 Del. C. § 4183 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4183
§ Â
        4183. Parking areas for vehicles being used by persons with disabilities.
Status: in_force

(a) For purposes of this section:

(1) “Accessible parking space” means any parking space or parking zone designated by an owner or lessee of any public or private property for use by a vehicle being used by a person with a disability.

(2) “Vehicle being used by a person with a disability” means a vehicle that meets both of the following criteria:

a. Displays a valid special license plate issued pursuant to § 2134 of this title on the rear of the vehicle, or that displays a valid parking placard issued pursuant to § 2135 of this title on the front windshield rearview mirror of the vehicle or, if there is no mirror, on the dashboard, or that displays a valid plate, placard or other item issued under a similar statute in another state or country.

b. The person for whom the plate or placard is issued is either the operator or a passenger or, in the case of an organization, in which a person who is entitled to obtain a permanent or temporary placard is a passenger.

(b) With the exception of a vehicle being used by a person with a disability, it is unlawful to park on public or private property any vehicle in any area that is designated as an accessible parking space.

(c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in an accessible parking space, the owner or lessee of the private property may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. Upon the discovery of a vehicle illegally parked in an accessible parking space that is under the control of the Department of Transportation or local authorities, the State Police, county police, or municipal police having jurisdiction may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle.

(d) In addition to unlawful parking on public or private property in an accessible parking space, all of the following acts are prohibited on both public and private property and may be enforced pursuant to this section:

(1) Creating or using a counterfeit license plate or parking placard, as described in § 2134 or § 2135 of this title.

(2) Altering a license plate or parking placard issued pursuant to § 2134 or § 2135 of this title.

(3) Parking on a striped area or access aisle within or adjacent to an accessible parking space.

(4) Being the person or organization to whom a license plate or parking placard has been issued pursuant to § 2134 or § 2135 of this title, allowing another to use the plate or placard.

(5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in an accessible parking space, unless a person on whose behalf a special license plate or placard has been issued is being transported.

(e) A uniform parking summons may be attached to an unattended vehicle found in violation of this section by a person authorized to issue a summons for a violation of this section. It is prima facie evidence that the person or organization in whose name the unattended vehicle is registered is responsible for the violation. The owner or operator of the unattended vehicle may mail or deliver the summons and the designated fine and costs directly to the court identified on the summons instead of appearing before the court for arraignment on the charge, provided that the owner or operator self identifies and that the summons and fine and costs are received by the court at least 2 days before the arraignment date designated on the summons.

(f) (1) A person or organization who violates this section must receive a mandatory fine of $250 for a first offense, and for a subsequent like offense, a mandatory fine of $500 or a term of community service.

(2) In addition, a person or organization who holds a valid special license plate or parking placard issued under § 2134 or § 2135 of this title and who violates paragraph (d)(1), (2), or (4) of this section may receive an additional penalty of up to a 6-month suspension or the permanent revocation of the plate or placard. If a plate is suspended or revoked under this subsection, the person may apply for and be issued a regular license plate.

(3) Minor variations of accessible parking space features, including the absence of a sign, are not a defense to prosecution under this section if the space is otherwise conspicuously marked.

(g) The Superintendent of the State Police is authorized to appoint State Police Academy cadets to enforce this section within the unincorporated areas of each county. Cadets appointed pursuant to this subsection must be at least 18 years of age. The Superintendent may establish other qualifications considered necessary or desirable.

(h) A summons issued by a cadet appointed by the Superintendent pursuant to subsection (f) of this section has the same force and effect as a summons issued by the State Police.

(i) Fines collected from summonses issued by the State Police or by cadets appointed pursuant to subsection (f) of this section must be deposited into the General Fund.

(j) The authority of the State Police or a cadet appointed by the Superintendent to enforce this section is not limited by any jurisdictional agreement between the State Police and any local law-enforcement agency.
21 Del. C. § 318 — Delaware Code / Title 21 / Chapter 3 / Section 318
§ Â
        318. Notarial fees; penalty.
Status: in_force

(a) Notaries’ public fees for administering and certifying, under hand and notarial stamp or seal, the necessary oaths or affirmations to an applicant for the registration and titling of a motor vehicle and the necessary operator’s license shall not exceed 50 cents for the first certification and 25 cents for each additional certification.

(b) Any notary public charging, demanding or receiving a greater fee for the service herein specified shall be fined not more than $200 or imprisoned not more than 6 months in the discretion of the court.
21 Del. C. § 6317 — Delaware Code / Title 21 / Chapter 63 / Section 6317
§ Â
        6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, corporation, partnership, proprietorship or other legal entity who violates this chapter. The Division is also authorized to file a complaint for injunctive relief with the Court of Chancery upon notice that a cease and desist order is violated. The Chancery Court is authorized to award attorney fees and costs to the Division if a preliminary or permanent injunction is granted by the court. Nothing herein shall prevent the Attorney General from seeking any other civil remedy or criminal sanction for any conduct constituting a violation of this chapter.
21 Del. C. § 4150 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4150
§ Â
        4150. Use of certain canes restricted to blind pedestrians.
Status: in_force

No persons except those wholly or partially blind shall carry in a raised or extended position on any street or highway a cane or walking stick which is white in color or white tipped in red.
21 Del. C. § 803 — Delaware Code / Title 21 / Chapter 8 / Section 803
§ Â
        803. Right of transfer.
Status: in_force

The provisions of § 5303 of Title 11 shall not apply to a civil traffic offense. However, the Justice of the Peace Court may establish procedures for transferring to the Court of Common Pleas a civil traffic offense with a criminal offense which occurred in the same incident.
21 Del. C. § 4335 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4335
§ Â
        4335. New vehicles to be equipped with reflectors.
Status: in_force

(a) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, 2 red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least 1 reflector meeting the requirements of this section, and except that vehicles of the type mentioned in § 4338 of this title shall be equipped with reflectors as required in those sections applicable thereto.

(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in § 4332(b) of this title, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of lawful upper beams of head lamps, except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles.
21 Del. C. § 2339 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2339
§ Â
        2339. Satisfaction of liens.
Status: in_force

Within 30 days from the date of final payment being made on any lien or encumbrance recorded under this subchapter, the certificate of title shall be signed accordingly in the manner prescribed by the Department. Upon the certificate of title being presented to the Department, the lien register shall be amended to reflect that the lien or encumbrance has been satisfied and the certificate of title shall be marked or stamped satisfied.
21 Del. C. § 2755 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2755
§ Â
        2755. Authorizing or permitting the operation of a motor vehicle by another.
Status: in_force

No person shall authorize or permit a motor vehicle owned by that person or under that person’s control to be driven by any person knowing that said person has no legal right to do so or shall authorize or permit said motor vehicle to be driven in violation of this title.
21 Del. C. § 2139D — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139D
§ Â
        2139D. Special license plates for recipients of medals or commendations for valor.
Status: in_force

(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle of a special valor registration number; provided, however, that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of a medal or commendation for valor while serving in the United States Armed Forces, including, but not limited to, the Congressional Medal of Honor, the Silver Star, the Bronze Star, the Flying Cross, the Navy Cross, or a Letter of Commendation if awarded for valor under combat conditions.

(2) This section applies only to:

a. A private passenger vehicle; or

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

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of World War I, World War II, the Korean Conflict, the Vietnam Conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

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

(d) The Department shall reserve sufficient special license plates including the letter “V” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include an insignia of the specific medal or commendation awarded to the applicant.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 4156 — Delaware Code / Title 21 / Chapter 41 / Subchapter VI / Section 4156
§ Â
        4156. Signals by hand and arm or signal device.
Status: in_force

(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, except as otherwise provided in subsection (b) of this section.

(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
21 Del. C. § 4503 — Delaware Code / Title 21 / Chapter 45 / Section 4503
§ Â
        4503. Size and weight of vehicles on interstate highways; size of vehicles on federal-aid primary system highways and United States numbered routes.
Status: in_force

(a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway, federal-aid primary system highway, or United States numbered route, unless otherwise posted, any vehicle or combination of vehicles having a size or weight in excess of that permitted by this section. Provided, however, that such weight limitations and restrictions listed in this section apply only to the interstate highway; weight limitations and restrictions for federal-aid primary system highways and United States numbered routes shall be as listed in § 4502 of this title.

(b) (1) No vehicle, including any load thereon, shall exceed a height of 13 feet, 6 inches.

(2) The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.

(3) The maximum length of a trailer or semitrailer in a truck tractor-semitrailer-trailer combination, including any load thereon, exclusive of tractor size shall be 29 feet.

(4) Buses shall not exceed 45 feet in length.

(5) Single vehicles including the load thereon shall not exceed 40 feet in length.

(6) No vehicle including any load thereon shall exceed a total outside width of 102 inches, exclusive of safety equipment, which shall not extend more than 3 inches wider on each side of the vehicle, or as shall be authorized by the Delaware Secretary of Public Safety.

(7) Notwithstanding paragraph (b)(5) or (6) of this section:

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

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

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

(c) (1) Each weight stated in this section shall apply only to interstate highways and is a total gross weight which includes the weight of the vehicle, including load thereon and any enforcement tolerance applicable thereto.

(2) It shall be unlawful for the gross weight on any 1 axle to exceed 20,000 pounds.

(3) It shall be unlawful for the gross weight on any tandem or coupled axles to exceed 34,000 pounds.

(4) It shall be unlawful for the maximum gross weight for any vehicle to exceed the sum of the allowed axle weight for the number of axles actually bearing their full share of the weight upon the pavement or the smallest weight as calculated hereunder:

a. The gross weight of any vehicle or combination of vehicles shall not exceed the weights stated hereunder:

2 axles — 40,000 lbs.

3 axles — 54,000 lbs.

4 axles — 74,000 lbs.

5 axles — 80,000 lbs.

b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not exceed the weight as calculated by this formula:

W=500(LN/N-1+12N+36)

For purposes of this subsection, W equals overall gross weight on any group of 2 or more consecutive axles to the nearest 500 pounds, L equals the distance in feet between the extreme of any group of 2 or more consecutive axles, and N equals the number of axles in the group under consideration except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, whenever the overall distance between the first and last axle of the consecutive sets is 36 feet or more.

(d) The Delaware Secretary of Transportation may, on the basis of engineering and traffic investigations, determine that certain interstate highways, federal-aid primary system highways, and United States numbered routes cannot accommodate vehicles, otherwise permitted under this section, and may thereafter prohibit operation of such vehicles on the interstate highways, federal-aid primary system highways, and United States numbered routes so designated.

(e) The provisions of this section do not apply to the following vehicles when such vehicles are being operated on interstate highways and United States numbered routes; provided, however, that the liability for damages caused by any vehicle operated under this provision shall be borne by the owner of said vehicle:

(1) Fire apparatus owned or used by an organized fire company.

(2) Farm equipment being temporarily operated, moved or transported on a highway. This provision only applies to farmers engaged in their agricultural related practices.

(f) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 lbs. total in gross, axle, tandem, or bridge formula weight limits.

(1) To be eligible for this exception, the operator of the vehicle must be able to prove:

a. By written certification, the weight of the APU; and

b. By demonstration or certification, that the idle reduction technology is fully functional.

(2) Certification of the weight of the APU must be available to law-enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified, whichever is less.

(g) The State hereby adopts federal commercial vehicle size limit exemptions for vehicles operating on interstate highways, federal-aid primary system highways, and United States numbered routes within the State as directed in 49 U.S.C. § 31111 and 49 U.S.C. § 31113 as amended.

(h) The State hereby adopts federal interstate weight limit exemptions for vehicles operating on interstate highways within the State as directed in 23 U.S.C. § 127 as amended.
21 Del. C. § 2159 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2159
§ Â
        2159. Motor vehicles exempt from registration fees; plates for ambulances and fire and rescue trucks.
Status: in_force

(a) The following motor vehicles shall be registered but shall be exempt from the payment of registration fees:

(1) All motor vehicles of the State or any governmental agency thereof, including school buses owned by private contractors holding valid pupil transportation contracts with a school district or with the State Board of Education, or of any fire department, fire engine company, police department or any county or incorporated city or town thereof, used exclusively in the performance of the principal’s, official’s, employee’s or agent’s respective functions or duties;

(2) All motor ambulances owned and used by any agency in this State for charitable purposes or for the benefit of any hospital or hospitals in this State;

(3) All motor vehicles owned by any veteran’s organization and used by such organization in charitable or public welfare work;

(4) All motor vehicles owned and used by the Delaware Civil Air Patrol (CAP) registered in this State and used by such organization for its respective functions or duties;

(5) All motor vehicles owned by the American Red Cross and used by such organization in charitable or public welfare work;

(6) All motor vehicles owned by the Salvation Army and used by such organization in charitable or public welfare work;

(7) All motor vehicles owned by any organization exempt from tax under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] and used by such organization in charitable or public welfare work;

(8) All motor vehicles owned by a nonprofit educational foundation organized to promote instructional effectiveness and educational achievement.

The Secretary shall furnish, without cost, certain number and registration plates for all such vehicles, of such design as will distinguish them from other plates for which fees are paid. Number and registration plates for certain motor vehicles of the fire departments and fire companies of this State shall have such design and bear such numbers, words and letters as are provided in subsection (b) of this section. Nothing herein contained shall be construed as exempting such vehicles from the requirement of inspection.

(b) Number and registration plates furnished by the Secretary to fire departments and fire companies of this State for ambulances, fire trucks and rescue trucks shall have displayed thereon:

(1) The capital letter “A” followed by the fire station or fire company number for ambulance plates;

(2) The capital letter “FD” followed by the fire station or fire company number for fire truck plates; and

(3) The capital letter “R” followed by the fire station or fire company number for rescue truck plates.

In addition, such plates shall have displayed thereon the word “Delaware,” the words “THE FIRST STATE,” the expiration date of the plates, the vehicle number assigned to the vehicle by the fire company, department or other proper official or organization and red letters on white background.
21 Del. C. § 6829 — Delaware Code / Title 21 / Chapter 68 / Section 6829
§ Â
        6829. Registration numbers or numbered decals as prima facie evidence.
Status: in_force

In a proceeding for a violation of this chapter involving prohibited operation and conduct, the registration number or numbered decal displayed on an OHV shall constitute prima facie evidence that the owner of the vehicle was the person operating the vehicle at the time of the offense, unless the OHV committing the violation was in fact a stolen vehicle at the time of the violation.
21 Del. C. § 4198C — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198C
§ Â
        4198C. Bicycle parking.
Status: in_force

(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device.

(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.

(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.

(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.
21 Del. C. § 2716 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2716
§ Â
        2716. Permanent license; fees; expiration.
Status: in_force

(a) Upon receipt of the application and a fee of $35, and upon proof that such applicant has been licensed by the Department for a period of 3 consecutive years and that such applicant is qualified under this chapter, the Secretary may issue, at the Secretary’s discretion, a permanent driver’s license which shall not become ineffective until or unless otherwise revoked, canceled or suspended as provided by law or until such license expires.

(b) Each holder of a permanent driver’s license shall pay an additional fee of $24 every 8 years to the Department in payment of the cost of a photograph which will be taken by the Department. Nonpayment of this fee by the date indicated shall automatically render the license expired.

(c) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired.

(d) Effective April 1, 1990, no more permanent licenses as permitted under this section shall be issued to applicants applying for commercial motor vehicle driver licenses pursuant to Chapter 26 of this title.

(e) Effective August 1, 2007, no more permanent licenses shall be issued pursuant to this section, except for renewals of permanent licenses issued prior to that date.
21 Del. C. § 2739 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2739
§ Â
        2739. Fee for occupational and conditional license.
Status: in_force

Any person whose license and/or driving privileges has been suspended or revoked pursuant to this title and who applies for an occupational license or conditional license shall pay a fee of $10 for such occupational or conditional license.
21 Del. C. § 310 — Delaware Code / Title 21 / Chapter 3 / Section 310
§ Â
        310. Notice to Secretary of Safety and Homeland Security of motor vehicles in possession of imprisoned persons.
Status: in_force

Where a person is committed to prison in default of paying a fine for a violation of this title or any other law of this State and such person was in possession of a motor vehicle at the time of such person’s arrest, the arresting officer and the clerk of the court or the justice of the peace who made the commitment shall immediately notify the Secretary of Safety and Homeland Security and Secretary of Transportation of the make of the car, the engine and serial numbers and the license number.
21 Del. C. § 4175A — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4175A
§ Â
        4175A. Aggressive driving.
Status: in_force

(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.

(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:

(1) Section 4107 of this title, relating to obedience to traffic-control devices;

(2) Section 4108 of this title, relating to traffic control signals;

(3) Section 4117 of this title, relating to overtaking on the right;

(4) Section 4122 of this title, relating to driving within a traffic lane;

(5) Section 4123 of this title, relating to following too closely;

(6) Section 4132 of this title, relating to yielding to the right-of-way;

(7) Section 4133 of this title, relating to vehicles entering the roadway;

(8) Section 4155 of this title, relating to use of turn signals;

(9) Section 4164 of this title, relating to stop signs and yield signs;

(10) Section 4166(d) of this title, relating to overtaking and passing school buses;

(11) Section 4168 of this title, relating to speed restrictions; and

(12) Section 4169, relating to specific speed limits.

(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.

(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.

(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
21 Del. C. § 4191 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4191
§ Â
        4191. Trailers and towed vehicles.
Status: in_force

(a) No vehicle shall be driven upon any highway drawing or having attached thereto more than 1 other vehicle, provided that a vehicle with semitrailer may draw in addition thereto 1 other vehicle, and provided further that driveway operations in transit may transport by means of saddlemount and fullmount mechanisms, utilizing the motive power of 1 of the vehicles in combination. This subsection shall not apply to farm tractors.

(b) The draw bar or other connection between any 2 vehicles 1 of which is towing or drawing the other on a highway shall not exceed 15 feet in length from 1 vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width.

(c) It shall be unlawful to ride in a towed vehicle except when necessary to steer the towed vehicle.

(d) This section shall not apply to:

(1) Vehicles in a parade when the vehicles are drawn or towed at a speed of less than 20 miles per hour;

(2) Trailers which have been designed or modified to carry passengers for sightseeing or public transportation purposes provided that such activity complies with the requirements of the Transportation Authority as provided in Chapter 18 of Title 2.
21 Del. C. § 2504 — Delaware Code / Title 21 / Chapter 25 / Section 2504
§ Â
        2504. Transfer to a dealer; transfer by a dealer.
Status: in_force

(a) If the transferee is a dealer, the owner upon transferring a registered vehicle shall properly endorse the registration card and deliver it together with the certificate of title properly assigned to the dealer who shall immediately report such transfer to the Department. After reporting the transfer, the dealer may operate such vehicle upon the highways during the period for which it is currently registered without dealer’s plates solely for the purposes of testing, demonstrating or selling the vehicle but upon the sale of such vehicle the dealer shall endorse the name and address of the purchaser and the date of transfer upon the registration card and shall immediately give or send the card to the Department or an authorized representative thereof. The purchaser or transferee of the dealer shall, before operating or permitting the operation of the vehicle upon a highway, comply with this chapter.

(b) If ownership of a vehicle held by a registered dealer for sale is transferred, the transferring dealer, without applying for a new certificate of title, may execute an assignment of title to the transferee on a dealer’s reassignment form, prescribed by the Department. Such assignment shall include a statement certifying all liens and encumbrances on the vehicle.

Every dealer, upon transferring a vehicle, shall immediately give a written notice of such transfer to the Department upon the official form provided by the Department.

(c) Dealer reassignment forms may be issued to a qualified dealer upon application for not less than 5 such forms and payment of a fee of $10 for each form.
21 Del. C. § 708 — Delaware Code / Title 21 / Chapter 7 / Section 708
§ Â
        708. Appeal.
Status: in_force

(a) Any person convicted under this title, or under any municipal ordinance or other law, for a motor vehicle violation within the State before an alderman or mayor of any incorporated city or town, shall have the right of an appeal, unless otherwise stated in this title, to the Court of Common Pleas, upon giving bond in the sum of $500 to the State with surety satisfactory to the mayor or judge before whom such person was convicted, such appeal to be taken and bond given within 15 days from time of conviction. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.

(b) Except as provided in subsection (a) of this section, any person convicted under this title shall have the right of an appeal to the Court of Common Pleas only in those cases in which the sentence imposed was imprisonment, or a fine exceeding $100, upon giving bond with surety satisfactory to the alderman, justice of the peace or a judge before whom such person was convicted, such appeal to be taken and bond given with 15 days from the time of conviction. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.
21 Del. C. § 6403 — Delaware Code / Title 21 / Chapter 64 / Section 6403
§ Â
        6403. Unlawful devices.
Status: in_force

No person shall advertise for sale, sell, use or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage traveled by a motor vehicle. For purposes of this section, the true mileage traveled by a motor vehicle is that mileage traveled by a motor vehicle as registered by the odometer within the manufacturer’s designed tolerance.
21 Del. C. § 4331 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4331
§ Â
        4331. When lighted lamps are required.
Status: in_force

(a) Every vehicle upon a highway within this State at any time from sunset to sunrise, or during fog, smoke, rain or when windshield wipers are in use because of weather conditions or at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead shall display lighted lamps and illuminating devices, exclusive of parking lamps, as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.

(b) The portion of subsection (a) of this section criminalizing the failure to display lighted lamps and illuminating devices when windshield wipers are in use because of weather conditions shall constitute a secondary offense in that no person shall be stopped by a police officer for that failure alone.
21 Del. C. § 6808 — Delaware Code / Title 21 / Chapter 68 / Section 6808
§ Â
        6808. Age requirements.
Status: in_force

No application for an original certificate of registration shall be accepted by the Department from any person under 18 years of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.
21 Del. C. § 6314A — Delaware Code / Title 21 / Chapter 63 / Section 6314A
§ Â
        6314A. Effect of suspension, revocation, or renewal refusal on licensee.
Status: in_force

(a) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed at any dealership licensed pursuant to this title in any of the following positions:

(1) Manager.

(2) Sales person in any capacity.

(3) Authorized signer.

(4) Any other position in which the individual would interact with customers, handle financial transactions, or complete any paperwork required to be submitted to the Division.

(b) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed in any of the capacities listed in this section for the following time periods:

(1) If a license is revoked, for 5 years from the effective date of the revocation.

(2) If a license is suspended, for the length of the suspension from the effective date of the suspension.

(3) If renewal is refused, for 12 months from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title or any time period set forth in a decision issued by the Division on appeal. If the certified letter is unable to be delivered, the 12-month period will start 30 days after the Division mails the certified letter required by § 6314(a) of this title.

(4) If the dealer receives a notice pursuant to § 6314 of this title that its license will be suspended, or renewal refused, and the dealer chooses not to request a hearing pursuant to § 6314(a) of this title, for 12 months from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title. If the certified letter is unable to be delivered, the 12-month period will start 30 days after the Division mails the certified letter required by § 6314(a)(4) of this title.

(5) If the dealer receives a notice pursuant to § 6314 of this title that its license will be revoked and the dealer chooses not to request a hearing pursuant to § 6314(a) of this title, for 5 years from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title. If the certified letter is unable to be delivered, the 5-year period will start 30 days after the Division mails the certified letter required by § 6314(a)(4) of this title.

(c) The Division shall notify any dealer subject to the restrictions set forth in this section by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division, to turn in all documentation required by § 6316 of this title. If the dealer does not return the documentation required by § 6316 of this title within 10 days from the date that the dealer receives the certified letter, the time periods set forth above will be extended out by 1 day for every day past day 10 the § 6316 of this title documentation is outstanding. If the certified letter is unable to be delivered, the counting for the purposes of the extension period will start 30 days after the Division mails the certified letter. The Division shall notify the dealer in writing on a monthly basis of any extensions for failure to turn in documentation required by § 6316 of this title. If the documentation required by § 6316 of this title is not turned in within 6 months from the date required in this section, the time periods set forth above will be extended indefinitely. A dealer may turn in documentation at any time after the 6-month period and the prohibited employment time period will end 12 months after the date the documentation is turned in, or when the extended time period was set to end, whichever is longer.

(d) The prohibitions set forth in this section apply to any individual licensee, or if the licensee is a partnership, each individual partner listed on the application submitted pursuant to § 6302 of this title, or if the licensee is a corporation, the individual or individuals who signed the application submitted pursuant to § 6302 of this title on behalf of the corporation.

(e) Should the Division learn that a dealer has been employed in violation of the section, the period of time set forth in this section shall be extended by 6 months for every month the dealer is employed in violation of this section. The Division shall notify the dealer of any violation in writing by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division. The written notice shall inform the dealer of the following:

(1) This Division’s intention to extend the suspension, revocation, or other time period set forth in this section.

(2) The nature of the violations by the dealer.

(3) The notice shall inform the dealer of its right to request a hearing to dispute the violation. The hearing must be requested within 10 days from earlier of the dates that the dealer received the certified letter or the Division received the return receipt on the certified letter.

(4) The notice shall inform the dealer of its right to present evidence, to be represented by counsel and to appear personally or by other representative at the hearing.

(f) Any hearings requested by a dealer under this section shall follow the procedures set forth in §§ 6314(b) and 6315 of this title.
21 Del. C. § 4713 — Delaware Code / Title 21 / Chapter 47 / Section 4713
§ Â
        4713. Authority to promulgate rules and regulations.
Status: in_force

The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this chapter.
21 Del. C. § 2503 — Delaware Code / Title 21 / Chapter 25 / Section 2503
§ Â
        2503. New certificate of title, registration and inspection; exceptions [For applicability of this section, see 80 Del. Laws, c. 77, Ââ23].
Status: in_force

(a) The transferee of a Delaware registered vehicle shall make application for a new certificate of title immediately following purchase, but in no case more than 30 days after purchase of said vehicle. If due to extraordinary circumstances the purchaser is unable to apply for a certificate of title within 30 days of the purchase date, the Director, in the Director’s discretion and for good cause shown, may grant an extension of time within which the purchaser must do so. The transferee, before operating or permitting the operation of a motor vehicle which has been transferred to such transferee upon a highway, shall apply for a transfer of title, obtain the registration of the vehicle as upon original registration, submit the vehicle to inspection and obtain new registration plates and new number plates as provided in this title. If the transferor has not had the registration plates and number plates transferred and assigned to another vehicle, then the transferee may, before operating or permitting the operation of such vehicle upon a highway, apply for and obtain, upon the payment of a fee of $35, a transfer of title and registration. Upon any such application the Department shall issue to the transferee without additional fee or inspection a new certificate of title and a new registration card, which card shall show the same period for which such vehicle was originally registered by the owner.

(b) Subsection (a) of this section shall not apply to the operation of vehicles by dealers or under temporary or limited permits or certificates as otherwise provided by this title.

(c) The Department shall transfer a certificate of title or registration certificate to any person 18 years of age or older if such person is otherwise qualified to obtain such certificate of title or registration certificate. The Department may transfer a certificate of title or registration certificate to a person under 18 years of age if at least 1 parent or guardian of said person signs the certificate of title or registration certificate stating consent to the transfer of same.
21 Del. C. § 304 — Delaware Code / Title 21 / Chapter 3 / Section 304
§ Â
        304. Examiners for operatorsâ licenses; appointment; use of local officers.
Status: in_force

(a) The examiners of applicants for operators’ licenses shall be appointed by and shall be under the supervision of the Secretary.

(b) The Department may designate local officers of the law or may appoint persons within this State to act for the Department for the purpose of examining applicants for operators’ licenses. Such persons so designated or appointed shall conduct the examinations of the applicants for operators’ licenses in the manner prescribed by the Department under this title and shall make a written report of the findings and recommendations upon such examinations to the Department.
21 Del. C. § 4176A — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4176A
§ Â
        4176A. Operation of a vehicle causing death; unclassified misdemeanor.
Status: in_force

(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than § 4177 of this title, the person’s driving or operation of the vehicle or OHV causes the death of another person.

(b) Operation of a vehicle causing death is an unclassified misdemeanor.

(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall for the first offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.

(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the Superior Court.
21 Del. C. § 2954 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2954
§ Â
        2954. Requirement of other proof.
Status: in_force

Whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which it is required, the Secretary of Transportation shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license or the nonresident’s operating privilege pending the filing of such other proof.
21 Del. C. § 7505 — Delaware Code / Title 21 / Chapter 75 / Section 7505
§ Â
        7505. Issuance of licenses.
Status: in_force

The Department shall issue an “automotive recycler” license under this chapter to an applicant who is in compliance with this chapter and otherwise is entitled to a license.
21 Del. C. § 4196 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4196
§ Â
        4196. Bicycling on right side of roadway; exceptions.
Status: repealed

(a) Upon all roadways of sufficient width a bicycle operator shall travel in the right half of the roadway except as follows:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction;

(2) When preparing for a left turn at an intersection or into a private road or driveway;

(3) When approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, in which case a person may operate a bicycle in this dedicated lane, even if the bicycle operator does not intend to turn right;

(4) When reasonably necessary to avoid conditions including, but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards;

(5) When a paved roadway shoulder exists, in which case a person may operate a bicycle in the roadway shoulder with due regard for any traffic control devices intended to regulate or guide traffic or pedestrians;

(6) When a part of a roadway has been set aside for the exclusive use of bicycles including contra-flow bicycle lanes, left-handed cycle tracks or bicycle lanes on 1-way streets and 2-way cycle tracks or bicycle lanes, in which case a person may operate a bicycle in the designated bicycle lane or cycle track; or

(7) When operating a bicycle upon a 1-way highway with 2 or more marked traffic lanes and a posted speed limit of less than 30 miles per hour, in which case a person may operate a bicycle as near the left-hand edge of such roadway as judged safe by the bicycle operator.

(b) Upon all roadways any bicycle proceeding at less than the normal speed of vehicle traffic at the time and place and under the conditions then existing shall be operated in the right-hand travel lane. If the right-hand travel lane is wide enough for a bicycle and a vehicle to travel safely side-by-side within the lane, a bicycle operator shall operate far enough to the right as judged safe by the operator to facilitate the movement of such overtaking vehicles unless the bicycle operator determines that other conditions make it unsafe to do so.

(c) Persons operating bicycles upon a roadway shall not travel more than 2 abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(1) Operating bicycles side-by-side does not constitute an impediment to normal traffic at times of no conflicting traffic, if motor vehicle traffic can overtake in the adjacent lane, or if the lane is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.

(2) On a laned roadway, persons operating bicycles side-by-side shall do so within a single lane.

(d) [Repealed.]
21 Del. C. § 2601 — Delaware Code / Title 21 / Chapter 26 / Section 2601
§ Â
        2601. Short title.
Status: in_force

This chapter may be cited as the “Uniform Commercial Driver License Act.”
21 Del. C. § 6418 — Delaware Code / Title 21 / Chapter 64 / Section 6418
§ Â
        6418. Responsibilities of motor vehicle dealers.
Status: in_force

(a) No motor vehicle dealer, licensed in accordance with this title and Title 30 shall purchase or accept any motor vehicle unless the seller has indicated the mileage on a disclosure statement pursuant to this chapter.

(b) No licensed motor vehicle dealer shall have in possession as inventory for sale any used motor vehicle for which the dealer does not have in possession the disclosure statement required under this chapter.

(c) A licensed motor vehicle dealer reassigning or transferring a certificate of ownership shall not be guilty of a violation of this section if such dealer has in possession the disclosure statement as required by this chapter and if the dealer has no knowledge that the statement is false and that the odometer does not reflect the vehicle’s actual mileage.
21 Del. C. § 8406 — Delaware Code / Title 21 / Chapter 84 / Section 8406
§ Â
        8406. Transfer of dealership; family succession [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) If a new recreational vehicle dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the new recreational vehicle dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, along with all supporting documentation that may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling new recreational vehicle dealer of its manufacturer-dealer agreement or a provision of this chapter, the manufacturer or distributor may not object to the proposed change in ownership unless the prospective transferee:

(1) Has previously been terminated by the manufacturer for breach of its manufacturer-dealer agreement;

(2) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude;

(3) Lacks a license required by law;

(4) Does not have an active line of credit sufficient to purchase a manufacturer’s or distributor’s product; or

(5) Has undergone in the last 10 years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee’s business or property.

(b) If the manufacturer or distributor objects to a proposed change of ownership pursuant to subsection (a) of this section, the manufacturer or distributor shall give written notice of its reasons to the new recreational vehicle dealer within 10 business days after receipt of the new recreational vehicle dealer’s notification and all supporting documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change of ownership is deemed approved.

(c) It is unlawful for a manufacturer or distributor to fail to provide a new recreational vehicle dealer with an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the new recreational vehicle dealer. It is unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired new recreational vehicle dealer, unless the manufacturer or distributor has provided to the new recreational vehicle dealer written notice of its objections within 10 days after receipt of the new recreational vehicle dealer’s modification of the new recreational vehicle dealer’s succession plan. In the absence of a breach of the manufacturer-dealer agreement, the manufacturer or distributor may object to the succession for the following reasons only:

(1) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude;

(2) Bankruptcy or insolvency of the successor during the past 10 years;

(3) Prior termination by the manufacturer or distributor of the successor for breach of a manufacturer-dealer agreement;

(4) The lack of an active line of credit for the successor sufficient to purchase the manufacturer’s or distributor’s product; or

(5) The lack of a license for the successor required by law.

(d) A manufacturer or distributor has the burden of proof regarding its objection under subsection (c) of this section. However, a family member may not succeed to a dealership if the succession involves, without the manufacturer’s or distributor’s consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer-dealer agreement.
21 Del. C. § 2910 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2910
§ Â
        2910. Rights of bona fide transferees and lienors unaffected.
Status: in_force

This chapter shall not prevent the owner of a motor vehicle, the registration of which has been suspended hereunder, from effecting a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this chapter or prevent the registration of such motor vehicle by such transferee. This chapter shall not in any way affect the rights of any conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter.
21 Del. C. § 316 — Delaware Code / Title 21 / Chapter 3 / Section 316
§ Â
        316. Exceptions from application of certain provisions of this title.
Status: in_force

Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to this title with respect to registration, certificate of title and inspection except:

(1) Any such vehicle driven or moved upon a highway in conformance with this title relating to manufacturers, transporters, dealers or nonresidents or under a temporary registration permit issued by the Department as hereinafter authorized;

(2) Any vehicle used or intended to be used solely upon private property which must cross or use the public highway only incidentally in order to gain access from one portion of such property to another. This paragraph (2) shall not apply to mobile homes or house trailers.

(3) Any vehicle owned by the government of the United States and plainly marked to indicate such ownership and identify the particular vehicle, unless said vehicle is under lease with a right of purchase in the lessee.
21 Del. C. § 4199C — Delaware Code / Title 21 / Chapter 41 / Subchapter XIII / Section 4199C
§ Â
        4199C. Child restraint in motor vehicles [Transferred].
Status: in_force

Transferred to § 4803 of this title.
21 Del. C. § 7511 — Delaware Code / Title 21 / Chapter 75 / Section 7511
§ Â
        7511. Judicial review.
Status: in_force

Any aggrieved party to a hearing may appeal a decision or order of the Department to the Superior Court for review de novo.
21 Del. C. § 6105 — Delaware Code / Title 21 / Chapter 61 / Section 6105
§ Â
        6105. Liability of owner for negligence of minor.
Status: in_force

Except as provided under § 6106 of this title, every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor vehicle to such minor shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle, and the negligence of such minor shall be imputed to such owner or such person for all purposes of civil damages.
21 Del. C. § 713 — Delaware Code / Title 21 / Chapter 7 / Section 713
§ Â
        713. Classification of motor vehicle offenses.
Status: in_force

Notwithstanding § 4203 of Title 11, any criminal offense in this title, unless otherwise declared with respect to particular offenses, or unless an offense described in § 709(e)(1)-(16) of this title, shall be a violation. The provisions of § 4207 of Title 11 notwithstanding, the court may impose a sentence in accordance with the sentence specified in the law defining the offense or a law in this title specifying a sentence for the offense, and, if no sentence is so specified, the court may impose a fine up to $575. All second offenses, before being punishable as such, shall have been committed within 24 months after the commission of the first offense, unless otherwise specifically provided.
21 Del. C. § 2351 — Delaware Code / Title 21 / Chapter 23 / Subchapter III / Section 2351
§ Â
        2351. Violations of chapter.
Status: in_force

(a) Whoever violates this chapter shall be fined not less than $25 nor more than $500, or imprisoned not less than 30 days nor more than 1 year or both.

(b) This section shall not apply to violations for which a specific punishment is set forth in this chapter.
21 Del. C. § 2305 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2305
§ Â
        2305. Fee [For applicability of this section, see 80 Del. Laws, c. 77, Ââ23].
Status: in_force

The fee for issuing a certificate of title for a vehicle shall be $35. Such fee shall be in addition to any fee charged for registration of the vehicle.
21 Del. C. § 4406 — Delaware Code / Title 21 / Chapter 44 / Section 4406
§ Â
        4406. Issuance of certificate of title.
Status: in_force

The Secretary of Transportation shall issue a certificate of title to the purchaser of a vehicle sold pursuant to this chapter.
21 Del. C. § 2715 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2715
§ Â
        2715. Driver license renewal cycle; fees; photograph [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) Upon receipt of the application and a fee of $50 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary’s discretion, a motor vehicle driver’s license which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every eighth year. A permanent resident foreign national may be issued a full 8-year driver’s license. However, a driver’s license issued to a temporary foreign national must be limited to the period of time that the temporary foreign national is authorized to be in the United States.

(b) Upon receipt of the application and a fee of $20 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary’s discretion, a driving privilege card issued in accordance with § 2711 of this title, which shall expire and be renewable on the fourth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the driving privilege card shall expire and be renewable on February 28 every fourth year.

(c) On or near the date of expiration of a motor vehicle driver’s license, each licensee shall appear at 1 of the Department’s offices and be photographed by the Department of Transportation. Upon approval by the Director of the Division of Motor Vehicles, in the Director’s discretion, the requirement for this appearance may be waived if circumstances prevent the licensee from appearing on or near the time of renewal.

(d) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired.

(e) Notwithstanding subsections (a), (b), and (c) of this section, the Secretary may issue driver licenses for less than 8 years until December 12, 2016, so the number of renewals can be more evenly distributed over an 8-year period. If a driver license is issued for less than 8 years pursuant to this section, the fee shall be calculated at $5.00 per year.

(f) Notwithstanding the length of issuance and fees as stated in this section, the length of issuance and fees for commercial motor vehicle driver’s licenses as required in Chapter 26 of this title shall be as required in § 2611 of this title.

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

(h) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.
21 Del. C. § 4405 — Delaware Code / Title 21 / Chapter 44 / Section 4405
§ Â
        4405. Sale as barring claims or interests.
Status: in_force

Upon the sale of a vehicle pursuant to this chapter, all claims or interest therein shall be forever barred.
21 Del. C. § 8308 — Delaware Code / Title 21 / Chapter 83 / Section 8308
§ Â
        8308. Penalties.
Status: in_force

Violation of this chapter or any regulation promulgated pursuant thereto shall constitute a misdemeanor, and any person, firm or corporation upon conviction therefor shall be punished by a fine of not more than $115, or imprisonment for not more than 30 days or by both such fine and imprisonment.
21 Del. C. § 4412 — Delaware Code / Title 21 / Chapter 44 / Section 4412
§ Â
        4412. Vehicles left in possession of garage and/or service station; limitations.
Status: in_force

Any vehicle left in the possession of a garage or service station which is in operation as a going business shall not be considered for purposes of this chapter an abandoned vehicle, even though the vehicle left in possession of the garage or service station is inoperable or partially or fully dismantled. No garage or service station owner shall maintain more than 5 such vehicles within a 6-month period, unless the owner complies with § 1206 of Title 17, relating to screening of junkyards.
21 Del. C. § 8611 — Delaware Code / Title 21 / Chapter 86 / Section 8611
§ Â
        8611. Driverâs license verification and data retention.
Status: in_force

(a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle meets 1 of the following requirements:

(1) Holds a driver’s license issued pursuant to this title that authorizes the driver to operate vehicles of the class of the shared vehicle.

(2) Is a nonresident who meets both of the following requirements:

a. Has a driver’s license issued by the state or country of the driver’s residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle.

b. Is at least the same age as that required of a resident to drive.

(b) A peer-to-peer car sharing program shall keep a record of all of the following:

(1) The name and address of the shared vehicle driver.

(2) The number of the driver’s license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle.

(3) The place of issuance of the driver’s license.
21 Del. C. § 6201 — Delaware Code / Title 21 / Chapter 62 / Section 6201
§ Â
        6201. Blue Envelope Program.
Status: in_force

(a) The Delaware State Police and designated partners shall provide and make available upon request an information envelope, or “blue envelope,” for use by a person with disabilities.

(b) The blue envelope must meet the following:

(1) Be capable of containing a person’s driver’s license, motor vehicle registration certificate, insurance identification card, and other relevant documents.

(2) Provide written information on the outside of the envelope identifying the envelope holder as a person with a disability.

(3) Provide written guidance for law enforcement regarding interactions with a person with a disability.

(4) Provide written guidance for a person with a disability for safely interacting with law enforcement during a traffic stop.
21 Del. C. § 4308 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4308
§ Â
        4308. Rearview mirror.
Status: in_force

All motor vehicles and motorcycles shall be equipped with a mirror so placed that the driver thereof may readily ascertain the presence of any vehicle traveling in the same direction and overtaking the driver’s vehicle.
21 Del. C. § 4803 — Delaware Code / Title 21 / Chapter 48 / Section 4803
§ Â
        4803. Child restraint in motor vehicles.
Status: in_force

(a) (1) The driver shall be responsible, when transporting a child under the age of 16 in a motor vehicle operated on the roadways, streets, or highways of this State, for providing protection of the child by properly securing the child in all seating positions, according to manufacturer’s instructions, in a child safety seat or booster seat meeting federal motor vehicle safety standards, and that is appropriate for the child’s age, weight and height, or a properly secured seatbelt. The duty imposed by this subsection shall not apply to any operator or passenger of a “charter bus,” “limousine” or “taxicab” as defined in § 1801 of Title 2.

(2) A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness.

(3) A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness. This restraint shall be either rear-facing or forward facing until they reach the upper height or weight limits of the restraint.

(4) A child shall be properly secured in a belt-positioning booster until they reach the upper height or weight limits of the restraint per the manufacturer’s guidelines.

(5) Every child who has reached the upper height and weight limits per the manufacturer’s guidelines of a belt-positioning booster seat and has not yet attained the age of 16 shall, in all seating positions, wear a properly-secured seatbelt while in a motor vehicle operated on the roadways, streets, or highways of this State.

(b) (1) No child who is 5′5″ or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law. This subsection shall not apply to vehicles equipped with a passenger-side airbag specifically designed or modified by the vehicle’s manufacturer for use by children and small adults.

(2) It shall not be a violation of this section for a child 5′5″ or less in height and under 12 years of age to occupy the front passenger seat of a vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law if such vehicle does not have a rear passenger seat or if all rear passenger seats are occupied by other children 5′5″ or less in height and under 12 years of age. A violation of this subsection shall be considered a secondary offense, and no motor vehicle shall be stopped by a police officer solely for failure to comply with this subsection.

(c) A second or subsequent violation of this section shall be an offense punishable by a fine of $25 for each violation. The failure to provide a child restraint system or seat belt for more than 1 child in the same vehicle at the same time, as required by this section, shall not be treated as a separate offense. Law enforcement should provide a referral to a car seat fitting station sanctioned by the Office of Highway Safety for guidance and education regarding proper use of a child restraint.

(d) A violation of this section shall not be considered as evidence of either comparative or contributory negligence in any civil suit or of criminal negligence or recklessness in any criminal action arising out of any motor vehicle accident in which a child under 16 is injured, nor shall failure to wear a child passenger restraint system or seat belt in violation of this section be admissible as evidence in the trial of any civil action.

(e) Following December 27, 2023, the Department of Safety and Homeland Security shall implement an awareness campaign to educate motorists about the components of the law and to encourage the public to correctly and consistently uses child safety seats, booster seats and seatbelts.
21 Del. C. § 4372 — Delaware Code / Title 21 / Chapter 43 / Subchapter IV / Section 4372
§ Â
        4372. Transportation of meat scrap, bones; penalty.
Status: in_force

Whoever transports upon a public highway any meat scrap, waste, bones or waste animal matter, except inside a vehicle having a closed body, the doors of which are kept securely fastened while the vehicle is moving on the highway, shall be fined not more than $115, or imprisoned not more than 30 days or both.
21 Del. C. § 4332 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4332
§ Â
        4332. Visibility distance and mounted height of lamps.
Status: in_force

(a) Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in § 4331 of this title in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(b) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
21 Del. C. § 8113 — Delaware Code / Title 21 / Chapter 81 / Subchapter II / Section 8113
§ Â
        8113. Furnishing of information to other states.
Status: in_force

The Department of Transportation shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the compact.
21 Del. C. § 2624 — Delaware Code / Title 21 / Chapter 26 / Section 2624
§ Â
        2624. Jurisdiction.
Status: in_force

Justices of the peace shall have jurisdiction over violations of this chapter.