21 Del. C. § 2338 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2338
§ Â
        2338. Duration of liens in favor of firms which cease to do business.
Status: in_force

Any lien recorded in favor of a firm or corporation which, since the recording of such lien, has dissolved, ceased to do business or gone out of business for any reason, and which remains of record as a lien of such firm or corporation for a period of more than 3 years from the date of the recording thereof shall become null and void and of no further force and effect.
21 Del. C. § 6302 — Delaware Code / Title 21 / Chapter 63 / Section 6302
§ Â
        6302. License requirements [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or used vehicles unless issued a dealer’s license by the Department. A dealer license issued under this title is not transferrable.

(b) Application. — Application for a dealer’s license shall be made upon the form prescribed by the Department and shall contain the name and address of the applicant. When the applicant is a partnership the name and address of each partner shall appear on the application. When the application is a corporation, the names of the principal officers of the corporation, the state in which incorporated, the place or places where the business is to be conducted and such other information as may be required by the Department shall appear on the application. Every such application shall contain a certification by the applicant that the information provided is true and accurate to the best of the applicant’s knowledge.

(c) Resident requirements. — The owner of a dealership must have been issued a Delaware driver’s license and established residency in Delaware at least 90 days prior to the time of application. Franchised and new vehicle dealers are exempted from this requirement.

(d) Age requirement. —

The applicant must be at least 18 years of age on the date the application is submitted to the Department.

(e) Fingerprinting requirement. — (1) An applicant seeking a license or license renewal, if more than 5 years have passed since original licensure process, must submit fingerprints and other necessary information in order to obtain a report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to the applicant.

(2) All information obtained under this subsection shall be forwarded to the Division for review to determine the applicant’s suitability for licensure pursuant to § 6313 of this title. Information obtained under this subsection is confidential and may only be disclosed to the Director of the Division or the Director’s designee. The State Bureau of Identification may release subsequent criminal history to the Division.

(f) Fee. —

(1) The application fee for a license is $100.

(2) The license renewal fee is $50.

(3) All dealerships must obtain a yearly dealer business license from the Department of Finance, Division of Revenue. Wholesale dealers must also obtain an additional wholesale license pursuant to § 6307 of this title. The business license or licenses must be kept at the business location and be available for inspection by the Department.

(g) Restriction upon ownership of dealership by manufacturer, importer or distributor. — A manufacturer, importer, or distributor, or agent of a manufacturer, importer, or distributor, or parent, subsidiary, common entity, officer, or currently employed representative of the manufacturer, importer, or distributor, may not directly or indirectly own, operate, or control, by contract, agreement, or otherwise, a motor vehicle dealership in this State if the manufacturer, importer, or distributor has manufactured, imported, or distributed motor vehicles of any line-make which have been or are offered for sale under a franchise agreement in this State with an independent person. Any person who is not prohibited by this section from owning, operating, or controlling a motor vehicle dealership may be issued a dealer license, provided that all applicable licensing requirements are satisfied. Any person prohibited by this section from owning, operating, or controlling a motor vehicle dealership may not be issued a dealer license.

Whenever used in this section, unless the context otherwise requires, the following words and terms have the following meanings:

(1) “Common entity” means a person:

a. Who is directly or indirectly controlled by or has more than 30% of its equity interest directly or indirectly owned, beneficially or of record, through any form of ownership structure, by a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof; or

b. Who has more than 30% of its equity interest directly or indirectly controlled or owned, beneficially or of record, through any form of ownership structure, by 1 or more persons who also directly or indirectly control or own, beneficially or of record, more than 30% of the equity interests of a manufacturer, an importer, or any affiliate thereof.

(2) “Importer” means any person who imports motor vehicles from a foreign country into the United States or into this State for the purpose of sale or lease.

(3) “Independent person” means a person who is not an agent, a parent, a subsidiary, a common entity, an officer, a director, or an employed representative of a manufacturer, importer, or distributor.
21 Del. C. § 2944 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2944
§ Â
        2944. Satisfaction of judgments.
Status: in_force

The judgments referred to in this subchapter shall, for the purposes of this chapter only, be deemed satisfied:

(1) When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of 1 person as the result of any 1 accident; or

(2) When, subject to such limit of $15,000 because of bodily injury to or death of 1 person, the sum of $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of 2 or more persons as the result of any 1 accident; or

(3) When $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any 1 accident.

Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
21 Del. C. § 2145 — Delaware Code / Title 21 / Chapter 21 / Subchapter III / Section 2145
§ Â
        2145. School bus inspection.
Status: in_force

All school buses which transport pupils of any public, parochial or private school of this State shall receive a special inspection twice yearly at such time and place as specified by Department regulations. At such inspection each school bus shall be inspected by the Department to determine if it is safe and fit for operation and properly equipped, and a special check shall be accomplished with respect to specific school bus safety features in accordance with the rules and regulations adopted by the Department.
21 Del. C. § 2723 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2723
§ Â
        2723. Medical Advisory Board.
Status: in_force

(a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the Board of Medical Licensure and Discipline or the Chairperson of the Board and appointed by the Secretary. The Chairperson of the Board shall be the Medical Director of the Division of Public Health. The Board shall consult an ophthalmologist or an optometrist in all cases where a vision problem exists. The ophthalmological consultant shall be nominated by the Board of Medical Licensure and Discipline or the Chairperson of the Board, and the optometric consultant shall be nominated by the Delaware Board of Examiners in Optometry or the Chairperson of the Board. Both vision consultants shall be appointed by the Secretary.

(b) The Board shall advise the Secretary on medical criteria and vision standards relating to the licensing of drivers under this chapter.

(c) The identities of the members of the Board and its vision consultants shall be kept confidential. To maintain confidential their identities, they shall not be required to appear in court. If the qualifications of the members or consultants are challenged in court, the Secretary shall give the court brief professional biographies outlining the training and experience of each member and of each vision consultant.

(d) Reports received or made by the Board, or its members, or its vision consultants for the purpose of assisting the Secretary in determining whether a person is qualified to be licensed are for the confidential use of the Board or the Secretary and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under §§ 2717 and 2734 of this title.

(e) Members of the Board and its vision consultants shall receive compensation in the amount of $40 per meeting attended.
21 Del. C. § 2735 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2735
§ Â
        2735. New license after revocation; exception.
Status: in_force

Except as otherwise provided in § 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked.
21 Del. C. § 2738 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2738
§ Â
        2738. Fee for return of revoked license or driving privileges.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, an individual whose license or driving privileges have been revoked must pay a fee of $200 at the end of the revocation for the reinstatement of the individual’s license or driving privileges. The reinstatement fee described in this subsection does not include the fee for the issuance of a new license.

(b) An individual eligible for reinstatement of the individual’s license or driving privileges who applies for reinstatement within 1 year of being released from the custody of the Department of Correction may not be charged the reinstatement fee described in subsection (a) of this section. For purposes of this subsection, “custody of the Department of Correction” has the same meaning as “Accountability Level V sanction” as defined in § 4204(c) of Title 11.
21 Del. C. § 4710 — Delaware Code / Title 21 / Chapter 47 / Section 4710
§ Â
        4710. Authority to place vehicle, etc., out of service.
Status: in_force

The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the State are hereby authorized to place any vehicle, driver or operator out of service for any violation of this chapter.
21 Del. C. § 4123 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4123
§ Â
        4123. Following too closely.
Status: in_force

(a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(b) The driver of any truck or vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district, and which is following another vehicle, shall, whenever conditions permit, leave sufficient space, but not less than 300 feet, so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles. Whoever violates this subsection shall, for the first offense, be fined not less than $28.75 nor more than $75. For each subsequent like offense within 2 years, the person shall be fined not less than $57.50 nor more than $95.

(c) Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
21 Del. C. § 2306 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2306
§ Â
        2306. Certificate of title; issuance.
Status: in_force

(a) The Department, when satisfied that the applicant for a certificate of title is the owner of the motor vehicle, shall thereupon issue in the name of the owner a certificate bearing a serial number and the signature of the Secretary, under the seal of the Secretary’s office. The certificate of title shall contain the same information as is required upon the face of the registration card except that the period of registration shall be omitted. The Department may make address and vehicle registered weight changes to the vehicle record and registration card without issuing a new title.

(b) The certificate of title shall also contain a space for the signature of the owner in order to validate the same and forms for assignment of title or interest and warranty thereof by the owner with a space for notation of liens and encumbrances upon the vehicle at the time of a transfer. If an owner has elected to have a title issued in transfer-on-death form, then the title shall also contain the designations made by the owner pursuant to § 2304 of this title.

(c) The certificate of title shall be delivered to the registered owner unless another person has been named to receive the certificate in the application, in which event the certificate shall be delivered to such person.

(d) The Department shall not issue a certificate of title to any person under 18 years of age unless at least 1 parent or guardian of said person shall sign said certificate stating consent to the issuance of same.

(e) If a licensed dealer holds for sale a motor vehicle, truck tractor or trailer, or any other vehicle required by this title to be registered or titled by the Department, and transfers or sells such 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 purchaser or transferee 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. § 6311 — Delaware Code / Title 21 / Chapter 63 / Section 6311
§ Â
        6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new location shall be required prior to approval of a change of location by the dealer. All requirements of § 6303 of this title shall be completed prior to final approval.

(b) Notwithstanding anything herein to the contrary, a recreational vehicle dealer may sell and display new and used recreational vehicles or recreational trailers at trade or public retail vehicle shows, rallies, or exhibitions, including those in enclosed malls, for up to 14 days per event, provided that:

(1) Delaware recreational vehicle dealers outside of their “area of sales responsibility,” as the term is defined in § 8402(1) of this title, do not exhibit, sell or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer whose area of sales responsibility encompasses the location of the recreational vehicle trade show or public retail vehicle show, or rally or exhibition, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and without the written permission of the dealer whose area of responsibility encompasses the show, rally, or exhibition site;

(2) An out-of-state recreational vehicle dealer, without an established place of business in Delaware, must meet all of the following conditions:

a. The dealer must be from a state contiguous to Delaware that permits Delaware dealers to participate in recreational vehicle trade shows, or public retail vehicle shows, or rallies, or exhibitions, including those in enclosed malls, in the dealer’s state under conditions substantially equivalent to those imposed on out-of-state dealers by Delaware;

b. The dealer must be in compliance with the laws of the dealer’s state of residence;

c. The recreational vehicle trade show or public retail vehicle show, or rally, or exhibition in which the dealer is participating must have a minimum of 3 participating dealers, the majority of which are from Delaware;

d. The dealer may not exhibit, sell, or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer who is participating in the same recreational vehicle trade show or public retail vehicle show, rally, or exhibition without the Delaware dealer’s written permission, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and

(3) In the event that an out-of-state dealer is in violation of paragraph (b)(2) of this section, the affected in-state dealer may bring a cause of action pursuant to § 8411(c) of this title.
21 Del. C. § 4101 — Delaware Code / Title 21 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Provisions refer to vehicles upon highways; exceptions; powers of local authorities.
Status: in_force

(a) The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section.

(2) That subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State.

(3) That subchapter VIII of this chapter and § 4164 of this title shall apply upon highways and elsewhere throughout the State, except that subchapter VIII of this chapter and § 4164 of this title shall not apply upon any nonresidential, commercial property, except as set forth in § 4172 of this title. For the purposes of this paragraph, “elsewhere,” except for purposes of § 4172 of this title, shall mean only those areas regulated by traffic-control devices which have been reviewed and approved as acceptable for the area by the Delaware Department of Transportation.

(4) Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven, the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department of Safety and Homeland Security (hereinafter “Department”) in a manner prescribed by the Department, requesting the Department assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property, the Department shall, by written notice, so notify each governmental body and property owner affected and shall supply copies of such notice to all appropriate courts and law-enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of Title 17 and this title shall apply to the affected private property. The installation and maintenance of all traffic-control devices authorized by the Department of Transportation shall be undertaken by the owners at no cost to the State.

(b) Local authorities, except as expressly authorized by law, shall not enact or enforce any rules or regulations contrary to this chapter. Traffic ordinances and regulations adopted by local authorities, and substantially conforming to the sections of this chapter, shall have the same force and effect as the traffic laws of this title. Whenever any provision of this title refers to a specific section of this title, such section shall be deemed to include substantially conforming ordinances and regulations enacted by local authorities. The court’s notice of conviction for violating a local ordinance or regulation that substantially conforms to this title, when included in the person’s driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. This section shall not be deemed to affect the jurisdiction for violations of local traffic ordinances or regulations nor the fine to be imposed for such a violation. Local authorities may regulate the use of the highways by processions or assemblages. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use nor requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as seems best to such owner.

(c) The authority to authorize, maintain, install and remove all traffic-control devices necessary to implement this title is provided to the Department of Transportation and to local authorities in their respective jurisdictions by Chapter 1 of Title 17. Unless otherwise provided in this title, the authorities granted are uniformly applicable to all sections of this title.

(d) Liability for failure of owner to comply with traffic light signals. — (1) The Department of Safety and Homeland Security and/or the governing body of any city or any county may provide, by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with traffic light signals in accordance with the provisions of this subsection. This subsection allows the Department of Transportation and/or the governing body of any city or county to install and operate traffic light signal violation monitoring systems; provided however, that in the event the installation other than by the Department of Transportation, the Department of Transportation must first approve such installation using the same recognized safety and accident criteria which the Department of Transportation uses to determine new locations; and provided further that the duration of the yellow light change interval, at any intersection where a traffic control photographic system or other traffic light signal violation monitoring system is in use, must be no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation. All existing locations erected without the Department of Transportation prior approvals shall be reviewed by the Department of Transportation using same recognized safety and accident criteria used to authorize new locations. Any location which fails to meet the criteria shall be removed upon end of the contract with the camera operator vendor.

(2) Jurisdictions operating an Electronic Red Light Safety Program can only issue right turn on red violations if there is safety and crash data to support it as determined by the Department of Transportation.

(3) Liability. — The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal violation monitoring system, shall be subject to a civil or administrative assessment not to exceed $110; provided, however, that the city or county may provide for an additional assessment not to exceed $10 if the civil or administrative assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments and court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected as a result of a traffic control signal monitoring system shall be paid to the city or county which controlled the monitoring system, or the General Fund for personnel, after first being applied to reimburse the applicable state agencies for their costs of administering such systems.

(4) Definitions. — For purpose of this subsection only:

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

b. “Traffic light signal violation monitoring system” means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces 2 or more photographs, or 2 or more microphotographs, or a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this subsection.

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

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

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

c. Violation charges;

d. Location where the violation occurred;

e. Date and time of the violation;

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

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

h. Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of the registration of any of the owner’s vehicles; and

i. Notice of the summonsed person’s ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

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

(7) Procedures to contest the violation. — A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Safety and Homeland Security or applicable county or city. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive, regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county. Additional administrative collection processes may be established by court rule, policy directive, regulation, code or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.

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

Upon receiving a record of failure to comply, the Clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the Division of Public Safety or its designee, or the applicable city or county shall have authority to seek such execution, enforcement or transfer.

(9) Proof of violation. — Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic light signal violation monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician employed by a locality authorized to impose assessments pursuant to this subsection, or a technician employed by a state agency or entity designated by a state agency for the purposes of this section. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance or other law adopted pursuant to this subsection.

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

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

b. Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation or that the owner failed to comply with the traffic signal either in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.

A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the traffic light signal. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(11) Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (d) to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in paragraph (d)(5) of this section.

(12) Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. 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. Additional penalty assessments for late payment/response pursuant to paragraph (d)(3) of this section shall be included in determining the amount of the civil penalty for purposes of determining the right to an appeal.
21 Del. C. § 6306 — Delaware Code / Title 21 / Chapter 63 / Section 6306
§ Â
        6306. Consignment vehicles-contract.
Status: in_force

Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the following:

(1) The complete name and address of the owner(s);

(2) The name, address and dealer identification number of the selling dealer;

(3) A complete description of the vehicle on consignment, including the make, model, year, vehicle identification number and body style;

(4) The beginning and termination dates of the contract;

(5) The percentage or the net amount the owner is to receive, if the vehicle is sold;

(6) A disclosure of all unsatisfied liens on the vehicle and the location of the certificate of title to the vehicle.

Any dealer offering a vehicle for sale on consignment shall inform any prospective customer that the vehicle is on consignment. Dealer license plates shall not be used to demonstrate a vehicle on consignment. The owners license plate may be used if liability insurance coverage is in effect in the amount prescribed by Delaware law.
21 Del. C. § 709 — Delaware Code / Title 21 / Chapter 7 / Section 709
§ Â
        709. Payment of motor vehicle fines.
Status: repealed

(a) Applicability. — Any duly constituted peace officer in the State who charges any person with any of the offenses hereinafter designated “motor vehicle offenses subject to voluntary assessment” may indicate on the Uniform Traffic Complaint and Summons that the fine shall be paid by voluntary assessment unless the driver requests a hearing. When a voluntary assessment is permitted and the Uniform Traffic Complaint and Summons is properly executed by the officer, the driver may dispose of the charge without the necessity of personally appearing in the court to which the Uniform Traffic Complaint and Summons is returnable. The court to which the summons is returnable shall be determined by § 703 of this title unless the summons permits a voluntary assessment, in which case it shall be returnable to either the applicable court or a voluntary assessment center established by the Justice of the Peace Court. Notwithstanding any provision of this section and chapter to the contrary, the City of Wilmington may establish the exclusive voluntary assessment center for parking summonses issued for designated offenses within the boundaries of the City of Wilmington, and the Town of Elsmere may establish a voluntary assessment center for any violation of a town ordinance within the boundaries of the Town of Elsmere.

(b) Definitions. — (1) “Payment,” as used in this section, shall mean remittance in part or in full of the fine and of the costs as herein provided and of the penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11, and other penalty assessment as provided by law.

(2) “Signature” shall include a written signature or an electronic signature as defined by § 101 of this title.

(3) “Voluntary assessment” means the process set forth in this section by which a driver may voluntarily remit payment of a Title 21 violation without having to appear in a court.

(c) Places and time of payment. — Payments made pursuant to this section shall be remitted to the court or voluntary assessment center to which the summons is returnable and shall be disbursed in accordance with § 706 of this title. The court or voluntary assessment center must receive the payment within 30 days of the arrest. Payment to the voluntary assessment center shall be paid only by check, money order or credit card.

(d) Jurisdiction. — This section shall apply to any licensed resident of the State; to residents of those jurisdictions with which the State has entered a reciprocal agreement pursuant to Chapter 4 of this title; and to those out-of-state residents who, in the discretion of the arresting peace officer, are deemed to be reliable prospects for a voluntary assessment disposition.

(e) Offenses designated as “motor vehicle offenses subject to voluntary assessment”; exceptions. — All offenses as now or hereafter set forth in this title and all motor vehicle offenses falling within the scope of § 5211(a) of Title 30 are hereby designated as motor vehicle offenses subject to voluntary assessment except for the following offenses:

(1) Violation of § 2118 of this title;

(2) Violation of § 2118A of this title;

(3) Violation of § 2701 of this title;

(4) Violation of § 2751 of this title;

(5) Violation of § 2752 of this title;

(6) Violation of § 2756 of this title;

(7) Violation of § 4103 of this title;

(8) Violation of § 4166(d) of this title;

(9) Violation of § 4172 of this title;

(10) Violation of § 4175 of this title;

(11) Violation of § 4175A of this title;

(12) Violation of § 4177 of this title;

(13) Violation of § 4177L of this title;

(14) Violation of § 4201 of this title;

(15) Violation of § 4202 of this title;

(16) Any violation of Chapter 67 of this title; and

(17) Violations of other Title 21 sections which are deemed not appropriate for processing by voluntary assessment.

(f) Procedure for voluntary assessment. — (1) At the time of making an arrest for any offense subject to this section, the arresting officer shall determine whether the offense may be handled as a voluntary assessment. If the officer determines that the offense may be so treated, the officer may indicate on the Uniform Traffic Complaint and Summons that payment shall be made by voluntary assessment, unless the driver requests a hearing on the charge or charges. The officer shall inform the arrested person of the court or voluntary assessment center to which payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment.

(2) A driver who has been given a Uniform Traffic Complaint and Summons which specifies that payment be made by voluntary assessment shall pay the fine, together with costs and penalty assessments, within 30 days from the date of arrest during which time payment must be received by the applicable court or voluntary assessment center.

(3) In lieu of paying the voluntary assessment, a driver who has been given a voluntary assessment may request a hearing by notifying, in writing, the court or the voluntary assessment center to which payment is to be made within 30 days of the date of arrest. If the driver makes a timely request for a hearing, the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the ticket prior to trial.

(4) If a voluntary assessment is not issued or the driver declines to accept the voluntary assessment, the officer shall follow the procedure for arrest as set forth in Chapter 19 of Title 11.

(g) Penalty. — The penalty for offenses for which a voluntary assessment payment is made shall be the minimum fine for each specific offense charged and fines shall be cumulative if more than 1 offense is charged. Provisions of this subsection as to penalties under voluntary assessment shall not apply if the voluntary assessment payment is not received by the voluntary assessment center or the applicable court within 30 days from the date of arrest.

(h) Court costs; applicability of Delaware Victim Compensation Law. — In lieu of any other court costs, and provided the offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject to court costs for processing a voluntary assessment agreement as prescribed by § 9801 of Title 10. Each fine for an offense under this section shall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11, and any other penalty assessments as provided by law.

(i) Effect of payment of fine or signature; repeat offenders. — (1) Payment of the prescribed fine, costs and penalty assessment is an admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the violation, except as provided in paragraph (i)(2) of this section. Anything in this section notwithstanding, if an agreement for a voluntary assessment is signed by the driver, the signature of the driver shall constitute an acknowledgment of guilt of the stated offense and an agreement to pay the fine, together with costs and penalty assessment within 30 days from the date of arrest. Payment does not waive any administrative penalty which may be lawfully charged to the violator’s driving record by the Department of Safety and Homeland Security.

(2) In the event that, following compliance with the payment provisions of this section, it is determined that within the 2-year period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction of a violation of the same section of this title, personal appearance before the court to which the summons is returnable or the court which is associated with the applicable voluntary assessment center may be required.

(j) Failure to pay a voluntary assessment. — (1) a. The voluntary assessment center shall, pursuant to § 2731 of this title, forward to the Division of Motor Vehicles the name and address of any driver who was issued a Uniform Traffic Complaint and Summons for which a voluntary assessment could be made and who has failed to do 1 of the following:

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

2. Notify the court or voluntary assessment center within 30 days from the date of arrest, in writing, that the driver is requesting 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.

b. When the name and address of any driver has been forwarded to the Division of Motor Vehicles under paragraph (j)(1)a. of this section, the Division of Motor Vehicles shall refuse to renew or issue a duplicate of the driver’s license of a Delaware resident, in accordance with § 2732(g) of this title.

c. When the name and address of any driver has been forwarded to the Division of Motor Vehicles under paragraph (j)(1)a. of this section, the Division of Motor Vehicles may suspend the driving privileges in this State of a nonresident of Delaware and immediately advise the Motor Vehicle Administrator of the state in which the person is a resident that the person’s license to drive be suspended in accordance with § 2733(m) of this title.

(2) If a driver pays a voluntary assessment more than 30 days after the date of arrest, the voluntary assessment center or court shall provide the driver with a receipt which shall serve as proof to the Division of Motor Vehicles that the fine has been paid, upon request. The driver shall provide the voluntary assessment center with a self-addressed, stamped envelope in order to receive a copy of the receipt by mail. Such payment shall be an admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the violation, except as provided in paragraph (i)(2) of this section.

(3) If a driver who has failed to pay a voluntary assessment or request a hearing within 30 days of the date of arrest appears at court, the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the Uniform Traffic Complaint and Summons prior to trial. The minimum fine provisions of subsection (g) of this section shall not apply. If the driver who appears pleads not guilty, the court shall provide the driver with a copy of the appearance bond to provide as proof of court appearance to the Division of Motor Vehicles.

(4) [Repealed.]

(k) Nonexclusive procedure. — The procedure prescribed in this section is not exclusive of any other method prescribed by law for the arrest and prosecution of persons violating this title.
21 Del. C. § 4177A — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177A
§ Â
        4177A. Revocation of license for violation of Â 4177 of this title.
Status: in_force

(a) The Secretary shall forthwith revoke the driver’s license or driving privileges of a person convicted of a violation of § 4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District of Columbia which prohibits driving under the influence of alcohol or drugs. The Secretary shall revoke the person’s driver’s license or driving privileges for 1 of the following periods, as applicable:

(1) First offense. —

12 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 18 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 24 months.

(2) Second offense. —

18 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 24 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 30 months.

(3) Third offense. —

24 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 30 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 36 months.

(4) Fourth or further subsequent offenses. —

60 months regardless of the person’s blood alcohol concentration.

(b) (1) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title if the person does 1 of the following:

a. Completes the requirements for reinstatement under § 4177C(d) of this title.

b. Completes the requirements for reinstatement under the Court of Common Pleas Driving Under the Influence Treatment Program under § 4177C(g) of this title.

c. Successfully graduates from the Superior Court’s Veterans’ Treatment Court.

(2) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title who is not eligible for the IID Program under § 4177G of this title, or who did not apply to obtain an IID license or participate in the IID Program under §§ 4177C and 4177G of this title and whose license revocation period under this section has elapsed, if the person does all of the following:

a. Pays all fees under the schedule adopted by the Secretary.

b. Satisfactorily completes a course or program established under § 4177D of this title.

c. Does not operate a vehicle during the person’s revocation period.

(c) (1) Notwithstanding the requirement in subsection (b) of this section that the Secretary reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title if the person complies with the requirements for reinstatement, the Secretary may refuse to reinstate the person’s driver’s license or driving privileges if the Secretary finds that the person has not been of good behavior for the entire period of the revocation.

(2) The Secretary must provide the person, in writing, with the basis for the finding and the conditions to be met to reinstate the person’s driver’s license or driving privileges.

(3) If the Secretary refuses to reinstate the person’s driver’s license or driving privileges under this subsection after the person’s revocation period has ended and the person has paid all fines or fees, the person may appeal the Secretary’s decision to the Superior Court for the county in which the person resides.
21 Del. C. § 2140E — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140E
§ Â
        2140E. Special bicycle friendly license plates.
Status: in_force

(a) The owner of a motor vehicle may apply to the Division of Motor Vehicles for the assignment to that vehicle of a special “Bicycle Friendly Delaware” registration plate.

(b) Upon the initial application for the plate to be issued pursuant to this section, a 1-time fee of $40, which includes an administrative fee of $15, is required in addition to the annual 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 of Motor Vehicles, which shall cover the cost of the plate.

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

(d) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $25 surcharge annually for each plate in addition to the regular registration fee.

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

(f) The funds derived from the State from that portion of the initial fee of $40 that is not defined as an administrative fee pursuant to subsections (b) and (c) of this section and the $25 surcharge under subsection (d) shall be deposited by the Division of Motor Vehicles with the State Treasurer, and said funds shall be used to support Bike Delaware, Inc.’s mission to promote safe nonmotorized transportation for Delaware residents.
21 Del. C. § 8408 — Delaware Code / Title 21 / Chapter 84 / Section 8408
§ Â
        8408. Indemnification [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for:

(1) A warrantor to fail to indemnify and hold harmless its new recreational vehicle dealer against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the warrantor. A new recreational vehicle dealer may not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of a new recreational vehicle or new recreational trailer. A new recreational vehicle dealer may be denied indemnification if the new recreational vehicle dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational vehicle dealer is obligated to perform warranty service. A new recreational vehicle dealer shall provide to a warrantor a copy of any pending law suit in which allegations are made that are covered by the provisions of this paragraph within 10 days after receiving such suit. Notwithstanding anything to the contrary, this paragraph shall continue to apply even after the new recreational vehicle or new recreational trailer is titled.

(2) A new recreational vehicle dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the new recreational vehicle dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that come within the provisions of this paragraph within 10 days after receiving such suit. Notwithstanding anything to the contrary, this paragraph shall continue to apply even after the new recreational vehicle or new recreational trailer is titled.
21 Del. C. § 2139X — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139X
§ Â
        2139X. Special license plates for veterans of Operation Desert Storm.
Status: in_force

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

(2) This section applies only to:

a. A private passenger vehicle;

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

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

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

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

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

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

(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists at the time the Department receives information regarding the death of the individual to whom the special plate was issued, 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. § 4104 — Delaware Code / Title 21 / Chapter 41 / Subchapter I / Section 4104
§ Â
        4104. Persons riding animals or driving animal-drawn vehicles.
Status: in_force

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
21 Del. C. § 4319 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4319
§ Â
        4319. Mandatory reverse warning â Commercial vehicle.
Status: in_force

(a) Except as to farm vehicles, all commercial vehicles registered in the State with a gross weight rating of 26,001 pounds or more shall be equipped with:

(1) An audible reverse warning signal, so as to adequately place an individual within 50 feet of such vehicle on notice that such commercial vehicle intends to and/or is in the process of moving backwards in a reverse gear;

(2) A backup camera visible in the cab of the vehicle; or

(3) An audible warning device that will alert the driver when the vehicle is approaching an object.

(b) This section shall only apply to commercial vehicles that are titled on or after January 1, 2014.

(c) Whomever violates this section shall be subject to a civil penalty of $75. For each subsequent offense within 2 years of a prior offense, the person shall be subject to a civil penalty of $175.
21 Del. C. § 2140J — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140J
§ Â
        2140J. Special registration plates for suicide prevention, awareness, and support.
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 “Suicide Prevention, Awareness, and Support” registration plate. The Division shall issue the plate once the required number of applications is received.

(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 for the American Foundation for Suicide Prevention.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Division of Motor Vehicles and the suicide prevention, awareness, and support organization. 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 “Suicide Prevention, Awareness, and Support” or “Suicide Prevention”. 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. § 4171 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4171
§ Â
        4171. Minimum speed.
Status: in_force

(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

(b) A minimum speed limit, below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, may be displayed on appropriate traffic-control devices.
21 Del. C. § 2513 — Delaware Code / Title 21 / Chapter 25 / Section 2513
§ Â
        2513. Duty of owner or holder of certificate of title in reference to stolen vehicles.
Status: in_force

Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is stolen, the owner or holder of the certificate of title shall, within 30 days of such theft, in addition to complying with all the other provisions of this chapter, send the certificate of title of the stolen vehicle to the Department or an authorized representative thereof. If the stolen vehicle is recovered after the title has been sent to the Department, the Department shall return the title at no cost to the owner or former holder of the certificate of title within 10 days after receiving a request therefor from such owner or former holder.
21 Del. C. § 2733 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2733
§ Â
        2733. Discretionary suspension or revocation of license or driving privileges.
Status: in_force

(a) The Department may immediately suspend the license and driving privileges or both of any person without hearing and without receiving a record of conviction of such person of crime whenever the Department has reason to believe that such person:

(1) Has committed any offense for the conviction of which mandatory revocation of license and driving privileges or both is provided in § 2732 of this title, but no license shall be suspended by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title;

(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or serious property damage;

(3) Is incompetent to drive a motor vehicle or is a person with mental or physical disabilities rendering it unsafe for such person to drive a motor vehicle upon the highways;

(4) Is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this State;

(5) Has violated § 2751(a) or (b) of this title;

(6) Has violated § 6702 of this title;

(7) Has violated § 2118A of this title; or

(8) Has violated § 4129 of this title based upon notification of such violation provided by the Department of Transportation to the Department. However, no suspension of driving privileges shall take place if the toll(s), administrative fee and civil penalty has been paid prior to the hearing required under subsection (b) of this section.

(b) Whenever the Department suspends the license of any person for any reason set forth in subsection (a) of this section, the Department shall immediately notify the licensee and afford the licensee an opportunity of a hearing before the Department in the county wherein the licensee resides. Upon such hearing the Department shall either rescind its order of suspension or, good cause appearing therefor, may suspend the license of such person for a further period or revoke the license.

(c) The Department may suspend or revoke the right of any nonresident to operate a motor vehicle in this State for any cause for which the license of a resident operator or chauffeur may be suspended or revoked, and any nonresident who operates a motor vehicle upon a highway when the right to operate has been suspended or revoked by the Department shall be punished as provided in § 2756 of this title.

(d) (1) The Department may suspend or revoke the license of any resident of this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the license of an operator or chauffeur. The Department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the Motor Vehicle Administrator in the state wherein the person so convicted is a resident.

(2) If the Department takes action pursuant to this subsection because of the receipt of notice of the conviction in another state of a resident of this State for operating a vehicle without insurance, it shall provide the resident with the opportunity to produce for the Department sufficient proof of insurance as determined by the Department showing such insurance to have been in full force and effect at all pertinent times on the day of the occurrence of the offense. If the Department determines that such insurance was in full force and effect at all pertinent times on the day of the occurrence of the offense, the resident’s driver’s license shall be reinstated without a fee and the notation relating to the Department’s action shall be removed from the resident’s driving record.

(e) The Department shall not suspend a license for a period of more than 1 year, and upon suspending or revoking any license shall require that such license so suspended or revoked be surrendered to the Department to be retained by it, except that at the end of a period of suspension the license so surrendered shall be returned to the licensee upon payment of the reinstatement fee as provided in § 2737 of this title.

(f) The Department, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license and driving privileges or both of such person is suspended or revoked, shall immediately extend the period of such first suspension or revocation for an additional like period.

(g) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided, that the applicant sets forth in said application that the suspension of such license has created an extreme hardship in the conduct of the business usually transacted by the applicant, and that there have been no more than 2 such prior suspensions; provided, however, that no such occupational license shall be issued if the license of the applicant has been suspended for physical and/or mental disability or if the license of the applicant has been revoked for conviction of any of the crimes specified in § 2732 of this title, even though the revocation has created an extreme hardship.

(h) The Department, upon receiving a record of convictions of any person upon a charge of operating a motor vehicle in violation of the restriction imposed upon said occupational license during the period of such occupational license, shall immediately extend the period of such suspension for an additional like period and shall forthwith direct such person to surrender said occupational license to the Department.

(i) Any person whose operator’s or chauffeur’s license has been suspended and to whom an occupational license has been issued, who drives any motor vehicle upon the highways of this State contrary to the restrictions placed upon such occupational license during the period of such occupational license, upon conviction thereof, shall be fined not less than $25 nor more than $200.

(j) The Department ordinarily may not suspend a license based upon a driving record prior to 2 years before the date of the intended suspension. If at the discretion of the Secretary a longer record period should be considered, a suspension may be based upon such longer driving record period.

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

(l) Except when the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title, the Department may, upon receiving a record, notice, or certification of noncompliance by a person for a citation, summons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation ordering the arrested motorist to appear, suspend the driver’s license or driving privileges of the person who failed to comply. The Department shall not have this power of suspension in cases of parking violations.

(m) When the name and address of a nonresident of this State has been forwarded to the Department under § 2731(c) of this title, the Department may suspend the person’s driving privileges in this State and immediately advise the motor vehicle administrator of the state in which the person is a resident that the person’s license to drive be suspended until the person provides evidence that any of the following has occurred:

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

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

(3) The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
21 Del. C. § 2113A — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2113A
§ Â
        2113A. Low-speed vehicles.
Status: in_force

(a) Definition. —

Low-speed vehicle” means a 4-wheeled motor vehicle, other than a truck, whose speed attainable in 1 mile is more than 20 miles per hour but no more than 25 miles per hour on a paved level surface. The low-speed vehicle shall be limited to a gross vehicle weight rating (GVWR) of 3,000 pounds or less.

(b) Operation of low-speed vehicles. — Low-speed vehicles shall only be operated on roads where the posted speed limit is not more than 35 miles per hour. A low-speed vehicle may cross a highway at an intersection where the highway has a posted speed limit of more than 35 miles per hour. Low-speed vehicles shall not be operated on dual highways, as defined in § 135 of Title 17 and located in the unincorporated portions of the State, except as needed to cross them. Low-speed vehicles may be operated on such dual highways within incorporated cities and towns if the respective municipal government enacts an ordinance permitting such movement, subject to the other limitations of this section. All low-speed vehicles shall meet the requirements of 49 C.F.R. § 571.500.

(c) Driver’s license requirement. — All persons operating a low-speed vehicle on the highways of this State shall hold a valid driver’s license.

(d) Safety inspections. — Low-speed vehicles 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 offsite vehicle identification number verification. Upon registration and renewal of a low-speed vehicle’s registration, the owner shall certify, under penalty of perjury, that all lights, brakes, tires, seat belts and other vehicle equipment are in good working condition.

(e) Insurance. — Low-speed vehicles shall be required to maintain insurance as required by § 2118 of this title. Delaware automobile insurance companies may provide automobile insurance on these vehicles at their option. These automobile insurance companies shall not be mandated to provide insurance on low-speed vehicles by regulation or law.

(f) Title and registration. — (1) Low-speed vehicles shall be titled as specified in Chapters 23 and 25 of this title. The manufacturer’s certificate of origin and Delaware title shall clearly identify the vehicle as a low-speed vehicle. The Division shall not issue vehicle identification numbers to homemade low-speed vehicles or retrofitted golf carts unless these vehicles meet all of the requirements of the Federal Motor Vehicle Safety Standard, 49 C.F.R. § 571.500. Normal title and document fees shall be charged to register a low-speed vehicle in Delaware.

(2) Registration fees shall be the same as a normal passenger vehicle as defined in § 2151(2) of this title. Registration periods shall comply with §§ 2109 and 2110 of this title. A regular license plate shall be displayed on the rear of the vehicle.

(g) Dealer requirements. — Any person engaged in the retail sale of low-speed vehicles must be licensed by the Division of Motor Vehicles as a licensed motor vehicle dealer, must comply with all of the requirements of Chapter 63 of this title, and must meet all Division of Motor Vehicles rules and regulations.

(h) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both.
21 Del. C. § 4111 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4111
§ Â
        4111. Display of unauthorized signs, signals or markings.
Status: in_force

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.

(b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, and no person shall attach to any traffic sign or signal any other sign containing commercial advertising.

(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, in compliance with § 1108 of Title 17.

(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
21 Del. C. § 2140T — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140T
§ Â
        2140T. William Penn High School special license plate.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a special William Penn High School license plate. The Division shall issue the plate only if it receives at least 200 applications for the plate.

(b) This section only applies to the following:

(1) A private passenger vehicle.

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

a. The motor vehicle or trailer 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 motor vehicle that qualifies to register for the International Registration Plan (“IRP”), individually, or as part of a combination of vehicles, 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 any person applying for the plate, 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 for the purpose of promoting the sale of the plate and 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 funds derived by the State from that portion of the 1-time fee of $50 under subsection (c) of this section other than the funds spent by the Division under subsection (d) of this section must be deposited by the Division with the State Treasurer and must be specifically set aside in the scholarship fund for use by the William Penn Alumni Association Fund to support its mission to raise funding for scholarships and organize community events sponsored by the high school.

(f) The design for all plates issued under this section must be submitted by the William Penn Alumni Association for final color and design approval by the Division, and are subject to the following:

(1) The wording, “The First State” , may be dropped and substituted with the wording “William Penn High School.”

(2) A plate may not be solely black and white in color.

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

(g) The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate.

(h) The Division may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4177J — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177J
§ Â
        4177J. Drinking while driving prohibited.
Status: in_force

(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. “Consume,” as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer.

(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.
21 Del. C. § 4350 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4350
§ Â
        4350. Use of multiple beam road lighting equipment.
Status: in_force

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 4331 of this title, the driver shall use a distribution of light or composite beam directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam specified in § 4349(2) of this title shall be deemed to avoid glare at all times, regardless of road contour and loading;

(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in § 4349(1) of this title.
21 Del. C. § 6312 — Delaware Code / Title 21 / Chapter 63 / Section 6312
§ Â
        6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with and will comply with, the laws of this and other states, the Department shall approve the application and issue a dealer license. A license entitles a dealer to carry on and conduct the business of a dealer during the calendar year in which the license is issued. Franchised new vehicle dealers must provide the Division a copy of the franchise agreement, or, in the case of a recreational vehicle dealer, a manufacturer-dealer agreement, prior to being licensed as a new vehicle dealer.
21 Del. C. § 4311 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4311
§ Â
        4311. Mufflers; cutout prohibited.
Status: in_force

(a) No person shall drive a motor vehicle, including a motorcycle, on a highway, including residential streets, unless such motor vehicle or motorcycle is equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive or unusual noise.

(b) No person shall use a “muffler cutout” on any motor vehicle upon a highway.

(c) It shall be unlawful to sell or offer for sale any muffler without interior baffle plates or other effective muffling devices or to sell or offer for sale any “gutted muffler,” “muffler cutout” or “straight exhaust.”

(d) The provisions of this section shall only apply if there is not a violation of § 4311A of this title.
21 Del. C. § 2717 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2717
§ Â
        2717. Refusal to issue license; appeal.
Status: in_force

The Department, for sufficient reasons, may refuse to issue any form of license or permit to any applicant. Upon such refusal, such applicant may appeal to the Court of Common Pleas of the county in which the applicant resides. An appeal of a denial of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.
21 Del. C. § 2626 — Delaware Code / Title 21 / Chapter 26 / Section 2626
§ Â
        2626. CDL medical certification requirements.
Status: in_force

(a) CDL medical self-certification requirements. — (1) Beginning January 30, 2012, any person applying for an initial CLP/CDL must self-certify to the Division that such person is operating commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(2) Existing CDL holders must self-certify to the Division on or after January 30, 2012, but not later than January 30, 2014, that the CDL holder operates commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(3) It is the responsibility of the CDL/CLP holder to immediately notify the Division if/when CDL/CLP holder medical certification status changes.

(b) Medical certification documentation requirements for nonexcepted interstate commerce drivers after January 30, 2012. — (1) Any person applying for an initial CLP/CDL who certifies that such person will operate CMVs in nonexcepted, interstate commerce must provide the Division with the current, original medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the applicant meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(2) On or after January 30, 2012, but not later than January 30, 2014, existing CDL holders must provide the Division with the current original or copy of the medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the CDL holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(3) In order to maintain a medical certification status of certified, the CDL/CLP holder who certifies that such CDL/CLP holder will operate CMVs in nonexcepted interstate commerce must provide the Division with a current original or copy of each subsequent medical examiner’s certificate prepared by a medical examiner confirming the CDL/CLP holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(c) CDL/CLP issuance procedures for drivers who after January 30, 2012, self-certify as operating in nonexcepted interstate commerce. — (1) The Division must verify the driver has self-certified as a nonexcepted interstate commerce operator.

(2) The Division must verify the driver has a “certified” medical status on the medical examiner’s certificate and on the CDLIS driver record.

(3) In the event that the driver has not self-certified or the medical certification status of the individual is “not-certified,” the applicant will be denied a CDL/CLP issuance, renewal, upgrade or transfer, and the CDL will be downgraded.

(4) Approximately 60 days before a medical examiner’s certificate expires, the Division will attempt to notify the CDL/CLP holder requiring such CDL/CLP holder to either submit a current medical certificate or self-certify that such CDL/CLP holder now operates a CMV in excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce. The CDL/CLP will be downgraded no later than 60 days after the CDL/CLP holder’s current medical certification expires or when determined to be “not-certified” if:

a. such CDL/CLP holder does not change such CDL/CLP holder self-certification to excepted interstate commerce, nonexcepted intrastate commerce, or excepted intrastate commerce;

b. such CDL/CLP holder does not present to the Division a current medical certificate;

c. such CDL/CLP holder FMCSA medical variance expires; or

d. The FMCSA notifies the Division that such CDL/CLP holder medical variance was removed or rescinded.

(5) Upon notification from the FMCSA that a medical variance has been issued to a CDL/CLP driver, the Division shall file, electronically or otherwise, medical variance information, the CDLIS driver record will be updated, and the CDL/CLP document will show a restricted code “V” indicating there is information about a medical variance on the CDLIS driver record. Within 10 calendar days of receiving information from the FMCSA regarding the issuance or renewal of a medical variance for a driver, the Division must update the CDLIS driver record to include the medical variance information provided by the FMCSA.

(d) CDL driver physical qualifications and recordkeeping requirements for nonexcepted interstate commerce drivers. — (1) A CDL/CLP holder who is subject to the physical requirements contained in 49 C.F.R. § 391.41 must not operate a commercial motor vehicle unless such CDL/CLP holder is medically certified as physically qualified to do so, and, except as provided in paragraph (b)(2) of this section, when on duty, has on such person the original or a copy of a current medical examiner’s certificate that such person is physically qualified to drive a commercial motor vehicle.

(2) Beginning January 30, 2014, a CDL/CLP holder who has submitted a current medical examiner’s certificate to the Division in accordance with 49 C.F.R. § 383.71(h) substantiating CDL/CLP holder is medically “certified,” no longer needs to carry on such person the medical examiner’s certificate once the medical certification information is posted on the CDLIS driver record. The Division will post the medical information in CDLIS within 10 days after the driver submits a current medical certificate. If there is no medical certification information on that driver’s CDLIS driver record, a current medical examiner’s certificate issued prior to January 30, 2012, will be accepted until January 30, 2014.

(3) A CDL/CLP driver who obtained a medical variance from the FMCSA must continue to have in CDL/CLP holder’s possession the original or copy of that medical variance documentation at all times when driving a CMV.

(4) Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner’s certificate if the driver has been issued and possesses a valid commercial driver license issued by the United Mexican States or Canadian Province or Territory and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. Canadian and Mexican drivers who do not meet the medical fitness provisions of their home country for motor carriers are not qualified to drive a CMV in the United States even if that driver has received a medical variance or waiver. In addition, United States drivers who receive a medical variance from the FMCSA are not qualified to drive a CMV in Canada or Mexico.

(e) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in excepted interstate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3; and

(2) Self-certify to the Division that that operate or expect to operate CMVs in excepted interstate commerce upon each renewal of their CDLs.

(f) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in § 4704 of this title;

(2) Self-certify to the Division that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce upon each renewal of their CDLs;

(3) Meet the minimum physical qualification requirements for CMV operators as determined in subsections (b) through (d) or subsection (e) of this section before the CDL holders may have the “K” restriction removed from their CDL/CLP.

(g) Release of medical certification information in the CDLIS driver record. — Except where prohibited by § 305 of this title or Division policies, the following authorized agents may receive CDLIS driver record information:

(1) States. — All information on all CDLIS driver records.

(2) Secretary of Transportation. — All information on all CDLIS driver records.

(3) Driver. — All information on that driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.

(4) Motor carrier or prospective motor carrier. — After the employer or prospective employer notifies the driver, all information on that driver’s or prospective driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.
21 Del. C. § 4117 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4117
§ Â
        4117. When overtaking on the right is permitted.
Status: in_force

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway.

(b) Overtaking and passing on the right, except as permitted herein, shall be unlawful:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon any roadway which is officially marked for more than 1 traffic lane in 1 direction;

(3) Upon any roadway on which traffic is restricted to 1 direction of movement and the roadway is of sufficient width for 2 or more lanes of moving vehicles.

(c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary.

(d) When the overtaking vehicle is a Delaware Department of Transportation authorized vehicle or an emergency vehicle, as defined in § 4106(e) of this title, responding to an emergency, the overtaking vehicle may pass on the right using the shoulder if necessary.
21 Del. C. § 4198G — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198G
§ Â
        4198G. Bicycle identifying number.
Status: in_force

A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.
21 Del. C. § 4105 — Delaware Code / Title 21 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Persons and vehicles working on highways and utilities; exceptions.
Status: in_force

(a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway, so long as proper traffic-control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work.

(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices.

(c) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety.

(d) Traffic-control devices shall be used as required in the standards adopted under § 147 of Title 17. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner.

(e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $115 nor more than $575.

(f) (1) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices:

a. Section 4102 of this title relating to obedience to traffic laws;

b. Section 4103 of this title relating to obedience to authorized persons directing traffic;

c. Section 4107 of this title relating to obedience to traffic-control devices;

d. Section 4110 of this title relating to flashing signals;

e. Section 4114 of this title relating to driving on the right side of roadway;

f. Section 4115 of this title relating to passing vehicles proceeding in opposite directions;

g. Section 4116 of this title relating to overtaking a vehicle on left;

h. Section 4117 of this title relating to when overtaking on the right is permitted;

i. Section 4118 of this title relating to limitations on overtaking on the left;

j. Section 4119 of this title relating to further limitations on driving to the left of center of roadway;

k. Section 4120 of this title relating to no-passing zones;

l. Section 4122 of this title relating to driving on roadways laned for traffic;

m. Section 4123 of this title relating to following too closely;

n. Section 4164 of this title relating to stop signs and yield signs;

o. Section 4168 of this title relating to general speed restrictions;

p. Section 4169 of this title relating to specific speed limits;

q. Section 4175 of this title relating to reckless driving;

r. Section 4176 of this title relating to careless or inattentive driving;

s. Section 4177 of this title relating to operation of vehicle while under the influence of alcohol and/or drugs;

t. Section 4178 of this title relating to stopping, standing or parking; and

u. Section 4184 of this title relating to limitations on backing.

(2) As used in this subsection, the phrase “within any highway construction or maintenance area indicated by traffic-control devices” shall mean that area between the first traffic-control device informing road users of their approach toward a work zone area until the last traffic-control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic-control devices. “Traffic-control devices” and “work zone” shall have the same meaning as adopted pursuant to § 147 of Title 17, as amended. “Highway construction and maintenance area” shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights-of-way.

(3) Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section.
21 Del. C. § 4192 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4192
§ Â
        4192. Responsibility of parent or guardian.
Status: in_force

The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this subchapter.
21 Del. C. § 804 — Delaware Code / Title 21 / Chapter 8 / Section 804
§ Â
        804. Jurisdiction over certain children.
Status: in_force

The Justice of the Peace Court shall have jurisdiction over children age 16 or 17 years of age or older charged with a civil traffic offense except when said child is also charged in the same incident with having violated 1 or more offenses specified in § 927 of Title 10, in which event the entire case shall be heard in the Family Court. When the Justice of the Peace Court has jurisdiction over a child charged with a civil traffic offense, the provisions of this chapter shall apply. Section 921(10) of Title 10 or Justice of the Peace Court Civil Rule 55 notwithstanding, such child may pay a civil penalty by voluntary assessment and a default judgment may be entered against such child in any instance in which it would be entered against an adult.
21 Del. C. § 407 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 407
§ Â
        407. Suspension of reciprocity benefits.
Status: in_force

Agreements, arrangements or declarations made under the authority of § 401 of this title may include provisions authorizing the Secretary of Transportation to suspend or cancel the exemptions, benefits or privileges granted thereunder to a vehicle or a driver which is in violation of any of the conditions or terms of such agreements, arrangements or declarations.
21 Del. C. § 2506 — Delaware Code / Title 21 / Chapter 25 / Section 2506
§ Â
        2506. Transfer by operation of law; duty of transferee.
Status: in_force

In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon transfer-on-death, inheritance, devise or bequest, order in bankruptcy or insolvency or execution sale, the registration thereof shall expire and the vehicle shall not be operated upon the highways until and unless the person entitled thereto applies for and obtains the registration and inspection thereof and a transfer of title therefor. The surviving spouse, the child or children of any deceased person and the immediate members of the deceased’s family residing in the household, after giving due and proper notice to the Department in such manner and on such form as may be provided therefor by the Department, may operate such vehicle and the current registration thereof shall continue in full force and effect until normal expiration thereof at which time the registration of such vehicle shall expire. An administrator, executor, trustee or other representative of the owner, or a sheriff or other officer or the assignee or legal representative of any such person may operate or cause to be operated any vehicle upon the highways for a distance not exceeding 125 miles from the place where formerly kept by the owner, to a garage, warehouse or other place of keeping or storage, upon displaying upon such vehicle the number plates issued for it and obtaining a temporary or limited permit for such operation as provided by this title.
21 Del. C. § 7103 — Delaware Code / Title 21 / Chapter 71 / Section 7103
§ Â
        7103. Driving in funeral processions.
Status: in_force

(a) Pedestrians and operators of vehicles not part of a funeral procession shall not drive between, obstruct, hinder or in any way interfere with the vehicles of a funeral procession being led by a funeral lead vehicle or funeral escort vehicle.

(b) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.

(c) Any ordinance, law or regulation stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger shall not be applicable to vehicles in a funeral procession.

(d) Each vehicle which is part of a funeral procession shall have its headlights, either high or low beam, and tail lights activated, and except for funeral lead vehicles and funeral escort vehicles, must have the flashing hazard lights activated if the vehicle is so equipped.

(e) Funeral processions shall be subject to the following conditions and exceptions:

(1) Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible and/or visual signal.

(2) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer.

(3) Operators in a funeral procession must exercise due care when participating in a funeral procession.
21 Del. C. § 2140L — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140L
§ Â
        2140L. Special license plates for Combat Infantry Badge holders [For application of this section, see 85 Del. Laws, c. 137, Â 12].
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 Combat Infantry Badge registration number; provided, however, that the owner of the vehicle must possess and present official documentation which indicates that the owner is a Combat Infantry Badge holder.

(2) This section applies only to the following:

a. A private passenger vehicle; or

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

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a Combat Infantry Badge holder. The Division shall issue the plate once the required number of applications is received.

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

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

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

(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate, Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.

(g) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction with representatives from the Commission of Veterans Affairs and the Department of Veterans Affairs. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4115 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4115
§ Â
        4115. Passing vehicles proceeding in opposite directions.
Status: in_force

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than 1 line of traffic in each direction each driver shall give to the other at least one half of the main-traveled portion of the roadway as nearly as possible.
21 Del. C. § 4177C — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177C
§ Â
        4177C. Ignition interlock licenses; reinstatement of license.
Status: in_force

(a) A person who enters a first offender election under § 4177B of this title is immediately eligible to apply for an ignition interlock device (IID) license under § 4177G(f) of this title if all of the following apply:

(1) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.

(2) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person.

(b) A person who, as a first offender, is sentenced under § 4177(d) of this title, and is enrolled in a course of instruction or program of rehabilitation under § 4177D of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:

(1) The following time period has elapsed since the effective date of the person’s revocation period:

a. At least 30 days, if the person’s blood alcohol concentration was below .15.

b. At least 45 days, if the person’s blood alcohol concentration was .15 or greater.

(2) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.

(3) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person.

(c) A person who, as a second or subsequent offender, is sentenced under § 4177(d) of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:

(1) The following time period has elapsed since the effective date of the person’s revocation period:

a. At least 60 days, for a person sentenced as a second offender under § 4177(d) of this title.

b. At least 90 days, for a person sentenced as a third offender under § 4177(d) of this title.

c. At least 6 months, for a person sentenced as a fourth or subsequent offender under § 4177(d) of this title.

(2) The person is enrolled in or has satisfactorily completed a course of instruction or program of rehabilitation under § 4177D of this title.

(3) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.

(4) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person.

(d) Reinstatement of license. —

Notwithstanding §§ 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver’s license or driving privileges of a person who has done all of the following:

(1) Paid all fees under the schedule adopted by the Secretary.

(2) Satisfactorily completed a course or program established under § 4177D of this title.

(3) Satisfactorily completed the IID program under § 4177G of this title or, if disqualified from the program under § 4177G(f)(4) of this title, did both of the following during the entire balance of the person’s revocation period plus any extensions under § 4177G(f)(3) of this title:

a. Not operate a vehicle.

b. Kept an IID on each vehicle on which it was installed on the date of disqualification from the IID program.

(4) Meets 1 of the following:

a. For a person who enters a first offenders election under § 4177B of this title, at least 4 months have elapsed since the IID was installed on each vehicle as required under paragraph (a)(2) of this section and the IID license was issued.

b. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued.

c. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 17 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued.

d. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 23 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued.

e. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 16 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

f. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 22 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

g. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 28 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

h. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 21 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

i. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 27 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

j. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 33 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

k. For a person sentenced for a fourth or further subsequent offense under § 4177 of this title, at least 54 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.

(e) Notwithstanding any other provision to the contrary, a person whose blood alcohol concentration is less than .08, and does not otherwise have an illicit or recreational drug content in the person’s blood, must be granted a conditional license immediately upon application, if otherwise eligible, and may not be required to complete a course of instruction established under § 4177D of this title before the issuance of the conditional license if the person meets any of the following:

(1) Is convicted of a first offense under § 4177 of this title.

(2) Makes a first offenders election under § 4177B of this title.

(3) Has a license revoked for a first offense under Chapter 27 of this title, where it is not established that the person was under the influence of any other intoxicating or impairing substance or with an illicit or recreational drug content in the person’s blood.

(f) (1) Notwithstanding any other provision to the contrary, a person charged with a driving under the influence offense who has been permitted to participate in the Court of Common Pleas Driving Under the Influence Treatment Program (Treatment Program), or the Superior Court’s Veterans’ Treatment Court (Treatment Court), and is enrolled in a program of education or rehabilitation treatment under § 4177(f) or § 4177D of this title supervised by that Court, is eligible to have an IID license in accordance with this subsection.

(2) Notwithstanding paragraph (f)(1) of this section, a person may enter the Treatment Program or Treatment Court without seeking an IID license.

(3) If a person chooses to obtain an IID license, or has any registered vehicles, the person must install an IID on each vehicle registered in that person’s name.

(4) Notwithstanding paragraph (f)(3) of this section, a person must install an IID on a vehicle owned by another person, with the permission of that person, if there are no vehicles registered in the person’s name.

(5) An IID must be immediately installed on eligible vehicles following the effective date of a person’s entry into the Treatment Program or Treatment Court. The IID must remain installed on the vehicles for a minimum period of 12 months from the effective date of revocation or longer if the Court directs.

(6) A person in the Treatment Program or Treatment Court is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:

a. At least 30 days have elapsed since the effective date of the revocation.

b. All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.

c. The person is not in violation of any terms of the Treatment Program or Treatment Court.

(g) Notwithstanding § § 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver’s license or driving privileges of a person who has successfully completed and graduated from the Court of Common Pleas Driving Under the Influence Treatment Program or the Superior Court’s Veterans’ Treatment Court and has done all of the following:

(1) Paid all fees under the schedule adopted by the Secretary.

(2) Paid all court fines, costs, and fees.

(3) Had at least 9 months elapse since 1 of the following occurred:

a. The IID was installed on a vehicle as required under this subsection and the IID license was issued.

b. The person’s driving privileges were revoked if the person did not seek an IID license.
21 Del. C. § 8307 — Delaware Code / Title 21 / Chapter 83 / Section 8307
§ Â
        8307. Exemptions.
Status: in_force

This chapter shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only. Driver education classes conducted by state colleges, universities and high schools and programs approved and contracted by the Department of Education are exempt from the licensing requirements of this chapter when the courses are taught by certified driver training teachers using curriculum approved by those institutions.
21 Del. C. § 6303 — Delaware Code / Title 21 / Chapter 63 / Section 6303
§ Â
        6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, rented, or leased by the dealership and which:

(1) Satisfies all local zoning requirements. Zoning approval shall be submitted to the Division when the application is submitted;

(2) Has sales and office space devoted to the dealership and has adequate display space for 5 or more vehicles, and, in the case of a new recreational vehicle dealer, has a service facility;

(3) Has a telephone installed in the office and listed in the business name;

(4) Has adequate liability insurance as required by § 2118 of this title;

(5) Has a sign on the premises measuring at least 24 x 36 inches which lists the dealership’s approved name.

(b) The dealership office shall maintain and have adequate file cabinets to maintain records required by the Department. All dealer records regarding purchases, sales, transfers of ownership, collection of vehicle document fees, titling, registration fees, odometer disclosure statements, temporary license plates and records of dealer registration plates assigned to the dealer shall be maintained on the premises of the licensed location. All records shall be maintained for a minimum of 5 years. The Director may, on written request by a dealer, permit records to be maintained at a location other than the premises of the licensed location for good cause shown.

(c) Every dealer shall have in its possession a certificate of title assigned to the dealership or other documentary evidence of the dealer’s right to the possession of, and for every vehicle in the dealership’s possession or on the dealership premises.

(d) During business hours, the records of the dealership shall be open to inspection by Department officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties.
21 Del. C. § 6908A — Delaware Code / Title 21 / Chapter 69A / Section 6908A
§ Â
        6908A. Unlawful practices.
Status: in_force

(a) It is an unlawful practice for a person to violate any provision of this chapter.

(b) It is unlawful for a private tow company to do any of the following:

(1) To give any benefit or advantage, including a pecuniary benefit, to any person for providing information about motor vehicles parked for unauthorized purposes on privately-owned property or otherwise in connection with private property towing of motor vehicles parked without authorization or during a time at which such parking is not permitted.

(2) To charge a fee for the retrieval of private property from a nonconsensually-towed motor vehicle during a storage facility’s normal business hours.

(3) To monitor, patrol, or otherwise surveil a private or public parking area for the purposes of identifying motor vehicles parked for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such a parking area without having been specifically requested to tow the motor vehicle by the owner of the property, if a private parking area, or by an authorized or designated agent of this State or political subdivision, if a public parking area, unless the following apply:

a. The private tow company has a contract with the owner of a private parking area or authorized or designated agent of this State or political subdivision of a public parking area to tow vehicles from the parking area.

b. The private tow company complies with the requirements of § 6903A of this title for each vehicle it tows from the parking area, including obtaining prior written authorization to tow a vehicle from a private parking area.

(c) An owner, manager, director, or other person in charge of overseeing a private tow company, storage facility, or public or private parking area may not direct or knowingly allow employees, agents, or other individuals working on behalf of the private tow company or storage facility to violate this chapter.

(d) A violation of this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.
21 Del. C. § 2160 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2160
§ Â
        2160. Optional 7-year registration plates for trailers.
Status: in_force

(a) The owner of a fleet of trailers, meeting the requirements specified under § 2143(c) of this title, may elect to register such trailers for a 7-year period, by making application to the Department in accordance with this section.

(b) The application shall be made on a form and contain information as prescribed by the Secretary. Upon payment of the required fees and upon meeting other requirements prescribed by the Secretary, there shall be issued, to each vehicle for which application has been made, a registration plate and validation sticker which shall be valid for 7 years, provided that all requirements of this section are complied with.

(c) At the time application for registration or renewal of registration is made under this section, the applicant shall pay all fees required under this title for the first year of the 7-year plate. The applicant shall submit acceptable evidence of a surety bond in a form and with a surety approved by the Secretary and in an amount equal to the total registration fees required for all vehicles registered pursuant to this section to the applicant for the remaining 6 years.

(d) The owner is required to pay all registration renewal fees for vehicles registered pursuant to this section on an annual basis prior to the expiration date of such registrations.

(e) The Secretary may adopt rules and regulations necessary for the administration and enforcement of this section.
21 Del. C. § 4135 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4135
§ Â
        4135. Entering or crossing divided highway from crossover or other intervening space between opposing lanes.
Status: in_force

The driver of a vehicle about to drive onto or across a lane or lanes of a divided highway from the intervening space between opposing lanes where there is no official traffic-control device shall yield the right-of-way to any vehicle approaching on the divided highway.
21 Del. C. § 4409 — Delaware Code / Title 21 / Chapter 44 / Section 4409
§ Â
        4409. Rights and authority granted to be in addition to other rights and authority.
Status: in_force

The rights and authority conferred by this chapter shall be in addition to, and not in lieu of, any other rights or authority possessed by any public officer or property owner with respect to abandoned vehicles.
21 Del. C. § 4340 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4340
§ Â
        4340. Mounting of reflectors, clearance lamps and side marker lamps.
Status: in_force

(a) Reflectors, when required by § 4338 of this title, shall be mounted at a height not less than 24 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 24 inches, the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

(b) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
21 Del. C. § 2139B — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139B
§ Â
        2139B. Special license plates for recipients of the Purple Heart.
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 Purple Heart registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of the Purple Heart medal.

(2) This section applies only to:

a. A private passenger vehicle; or

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

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of World War I, World War II, the Korean Conflict, 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.

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

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the 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. In the event the surviving spouse remarries, the plate must be returned to the Department within 90 days. If no spouse exists at the time the Department receives information regarding the death of the individual to whom the special plate was issued, 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. § 6404 — Delaware Code / Title 21 / Chapter 64 / Section 6404
§ Â
        6404. Unlawful change of mileage.
Status: in_force

(a) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle.

(b) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle with intent to change the number of miles indicated thereon.
21 Del. C. § 2758 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2758
§ Â
        2758. Driving during period of denial; penalties.
Status: in_force

(a) Any person not licensed to drive a motor vehicle who is arrested and convicted of an offense for which the penalty is a mandatory suspension or revocation of driver’s license or driving privileges shall be ineligible for licensing for a time equivalent to the time that person’s license would have been suspended or revoked if that person had been licensed.

(b) Any person not licensed as a driver who is convicted of driving a motor vehicle during a license denial period shall be punished as provided in § 2756 of this title.
21 Del. C. § 4346 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4346
§ Â
        4346. Spot lamps and auxiliary lamps.
Status: in_force

(a) Spot lamps. — Any motor vehicle may be equipped with not to exceed 2 spot lamps, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.

(b) Fog lamps. — Any motor vehicle may be equipped with not to exceed 2 fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in § 4349 of this title.

(c) Auxiliary passing lamp. — Any motor vehicle may be equipped with not to exceed 1 auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. Section 4349 of this title shall apply to any combination of head lamps and auxiliary passing lamps.

(d) Auxiliary driving lamp. — Any motor vehicle may be equipped with not to exceed 1 auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. Section 4349 of this title shall apply to any combination of head lamps and auxiliary driving lamps.
21 Del. C. § 6834 — Delaware Code / Title 21 / Chapter 68 / Section 6834
§ Â
        6834. Rules and regulations.
Status: in_force

The Secretary of Transportation may adopt and enforce such rules and regulations concerning off-highway vehicles and designate such agencies as may be necessary to carry out this chapter, provided such rules and regulations are not contrary to this chapter.
21 Del. C. § 4186 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4186
§ Â
        4186. Obstruction to driverâs view of driving mechanism.
Status: in_force

(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding 3, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver’s control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides or to interfere with the driver’s control over the driving mechanism of the vehicle.

(c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person’s use.
21 Del. C. § 2707 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2707
§ Â
        2707. License qualifications.
Status: repealed

(a) (1) No Class D operator’s license shall be issued to any person under the age of 16 years. A CDL Class A, CDL Class B or CDL Class C license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle.

(2) No endorsement for “L”, “T”, “P” or “N” shall be issued to any person under 18 years of age or to any person 18 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. No endorsement of “H” or “X” shall be issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle.

(b) The Department shall not issue an operator’s or chauffeur’s license to any:

(1) Person whose license has been suspended, during the period for which license was suspended;

(2) Person whose license has been revoked under this chapter until the expiration of 1 year after such license was revoked;

(3) Person whom it has determined is an habitual drunkard or is addicted to the use of narcotic drugs;

(4) Person when in the opinion of the Department such person is a person with a physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways;

(5) Person who is unable to understand highway warning or direction signs in the English language;

(6) Person who is subject to loss of consciousness, unless such person furnishes the Department with a certificate of the person’s treating licensed practitioner. This certificate may be from:

a. A physician, duly licensed to practice medicine, who may certify that a driver is under sufficient control of loss of consciousness episode(s) and does not have an elevated risk to safely operate a motor vehicle.

b. A nonphysician licensed practitioner, who may certify a driver has not had a loss of consciousness episode(s) in the last 3 months and does not have an elevated risk to safely operate a motor vehicle.

The Department may find that the person need no longer submit annual certificates of competence to operate a motor vehicle and shall notify the person accordingly. The Department may at its discretion retain medical consultants to advise it. No licensed practitioner who examines a person and provides a certificate in good faith in accordance with this paragraph shall be subject to any civil or criminal liability on account of having provided the certificate.

(7) Person who has not reached the person’s eighteenth birthday unless such person has either:

a. Completed a course in driver education in a public or private high school in this State, such course having been approved by the State Board of Education and meeting the standards for such courses described by that Board; or

b. Been licensed to operate motor vehicles in another state and has completed a course of instruction in driver education and the safe operation of motor vehicles in a public or private high school outside this State.

(8) Person who has not reached the person’s eighteenth birthday upon notification by the Family Court of the State pursuant to § 1009 of Title 10, for a time set by the Court in its discretion.

(9) Person who has not reached the person’s twenty-first birthday at the time of the offense, who has been convicted of or pleads guilty to, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of 2 years from the date of sentencing, or until said person’s eighteenth birthday, whichever is longer. The following shall constitute offenses under this paragraph:

a. Any drug offense under Title 16.

b. Any drug offense under Chapter 5 of Title 11.

c. Driving under the influence of alcohol or drugs as defined in § 4177 of this title.

d. Any offense punishable under the laws of the United States or any state of the United States substantially conforming to the provisions of the Delaware Code listed in paragraph (b)(9)a., b. or c. of this section.

Upon entry of conviction or adjudication of delinquency for any offense included in this paragraph, the Clerk of the Court or other person designated by the Court shall forthwith report such conviction or adjudication of delinquency to the Division of Motor Vehicles for action pursuant to the provisions of this paragraph.

(10) Person, other than those persons covered by paragraphs (b)(8) and (9) of this section, who has been convicted of or pleads guilty to any of the offenses listed in paragraph (b)(9)a., b., c. or d. of this section, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, or who has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult, for a period of 6 months after the individual otherwise would have been eligible to have a driver’s license issued if the individual does not have a driver’s license or reinstated if the driver’s license of the person has been suspended at the time the person is so convicted.

(11) Person who is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding, or with respect to whom the Department has received notification from the Family Court as provided in § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services as provided in § 2216 of Title 13 regarding the denial or suspension of a license because of such person’s child support delinquency.

(12) [Repealed.]

(13) Person deemed “not eligible” by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated Juvenile Drug Court Program until a further order of the Court permitting licensing.
21 Del. C. § 4121 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4121
§ Â
        4121. One-way roadways and rotary traffic islands.
Status: in_force

(a) Upon a roadway where traffic-control devices establish one-way traffic, a vehicle shall be driven only in the direction designated. Such designation may be at all times or at such times as shall be indicated by traffic-control devices.

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

(c) A driver about to enter a rotary traffic island shall yield the right-of-way to any vehicles passing around it.
21 Del. C. § 4137 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4137
§ Â
        4137. Electronic traffic monitoring for vehicle obstructions system.
Status: in_force

(a) This section establishes the authority for the State and municipalities in the State to use an electronic traffic monitoring for vehicle obstructions system to assist in the enforcement of right-of-way pursuant to §§ 4130 and 4179(c) of this title. This section does not establish a new violation.

(b) Definitions. —

As used in this section:

(1) “Electronic traffic monitoring for vehicle obstructions system” means a device with 1 or more motor vehicle sensors that is capable of producing a recorded image of a motor vehicle whose position within an intersection violates right-of-way regulations.

(2) “Electronic traffic monitoring for vehicle obstructions system operator” means an individual who has been trained and certified to operate an electronic traffic monitoring for vehicle obstructions system.

(3) “Owner” means the registered owner of such vehicle on record with this or any other state; provided, however, that in the event that the owner is a vehicle leasing company, the “owner,” for purposes of this section, shall mean the person shown on the records to be the lessee of such vehicle. “Owner” does not include vehicle rental companies.

(4) “Recorded image” means an image recorded by an electronic traffic monitoring for vehicle obstructions system and includes any of the following:

a. A photograph.

b. A microphotograph.

c. A digital image.

d. A video.

e. Any other medium used to store images or sounds to be seen or heard later.

(c) This section does not apply to an authorized emergency vehicle operating in compliance with § 4106 of this title.

(d) (1) An electronic traffic monitoring for vehicle obstructions system may be installed or used to record images of a motor vehicle traveling through an intersection within the State.

(2) An electronic traffic monitoring for vehicle obstructions system may be installed or used to record images of a motor vehicle traveling on roadways with a principal arterial or other arterial functional classification as defined by the Department of Transportation, under all of the following conditions:

a. A study approved by the Department of Transportation showing that intersection blockages are frequent is required for an intersection to be eligible under this chapter. The intersection will remain eligible for up to 1 year after the acceptance of the study by the Department of Transportation.

b. Prior to the implementation of the system at a specific location, all of the following is required:

1. Within a municipality, the municipality must approve the intersection eligible for monitoring under this chapter, consistent with this chapter.

2. The Department of Transportation and applicable police agency must provide notice on a publicly accessible website of the intended use of the system at least 14 days prior to implementation.

(e) A vendor shall be selected through an open competitive procurement process to administer the system. To assure integrity and propriety, a person involved in the administration or enforcement of the vehicle obstructing traffic monitoring system may not own any direct interest or equity in the vendor used.

(f) Funding; revenue. —

(1) The Department of Transportation may initiate tasks with the selected vendor utilizing eligible funding sources. No separate funding is allocated through this section.

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

(3) Any revenue collected above and beyond those required for the operation of the program as noted above may only be used for education, enforcement, or engineering purposes, related to transportation safety.

(g) Liability for failure of owner to comply with right-of-way regulations. —

(1) The Department of Safety and Homeland Security shall provide for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with right-of-way regulations in accordance with the provisions of this section. This section allows the State and municipalities to install and operate electronic traffic monitoring for vehicle obstructions systems.

(2) The owner or operator of a vehicle which has failed to comply with right-of-way regulations, as evidenced by information obtained from the system, shall be subject to a civil or administrative assessment consistent with those established under § 4205 of this title. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments and court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance.

(h) Electronic traffic monitoring for vehicle obstructions system requirements. —

(1) An operator shall complete training by the manufacturer of the system in the procedures for setting up, testing, and operating the vehicle obstructing traffic monitoring system.

(2) Upon completion of the training, the manufacturer shall issue a signed certificate to the operator.

(3) The certificate of training shall be admitted into evidence in any court proceeding for a violation of this section.

(4) An operator shall fill out and sign a daily set-up log for the system that does all of the following:

a. States the date and time when and the location where the system was set up.

b. States that the operator successfully performed, and the device passed, the manufacturer-specified self-tests of the system before producing a recorded image.

c. Is kept on file.

d. Is admitted into evidence in any court proceeding for a violation of this section.

(5) The system shall undergo an annual calibration check performed by an independent calibration laboratory which shall issue a signed certificate of calibration after the annual calibration check that shall be kept on file and be admitted into evidence in any court proceeding for a violation of this section.

(i) Violation criteria. —

For a violation to occur, a motor vehicle must be located within a conflicting left-turn or through vehicle’s path of travel following the termination of the violating vehicle’s right-of-way and subsequent all-red clearance interval.

(j) Summons and notice of violation. —

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

(1) Name and address of the owner of the vehicle.

(2) Registration number of the motor vehicle involved in the violation.

(3) Violation charges.

(4) Location where the violation occurred.

(5) Date and time of the violation.

(6) Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation.

(7) Amount of the civil assessment imposed and the date by which the civil assessment should be paid.

(8) Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of the registration of any of the owner’s vehicles.

(9) Notice of the summonsed person’s ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

(k) Payment by voluntary assessment. —

Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Justice of the Peace Court or an entity designated by the Court or the Department of Safety and Homeland Security. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court or by regulation of the Department of Safety and Homeland Security and shall be in lieu of the procedures set forth in § 709 of this title.

(l) Procedures to contest the violation. —

A person receiving the summons pursuant to this section may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Safety and Homeland Security. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive or regulation of the Department of Safety and Homeland Security. Additional administrative collection processes may be established by court rule, policy directive, regulation, code or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.

(m) Failure to pay or successfully contest the violation. —

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

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

(n) Proof of violation. —

Proof of a violation of this section shall be evidenced by information obtained from the electronic traffic monitoring for vehicle obstructions system authorized pursuant to this section. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic traffic monitoring for vehicle obstructions system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician employed to impose assessments pursuant to this section, or a technician employed by a state agency or entity designated by a state agency for the purposes of this section. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance or other law adopted pursuant to this section.

(o) Presumptions. —

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

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

b. Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation.

(2) A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the right-of-way regulations. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(p) Notwithstanding any other provision in this section to the contrary, if the motor vehicle which is found by the electronic traffic monitoring for vehicle obstructions system to have failed to comply with the right-of-way regulations is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (e) of this section to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in paragraph (e)(5) of this section.

(q) Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. 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. § 4131 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4131
§ Â
        4131. Vehicle approaching or entering intersection.
Status: in_force

(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(b) When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(c) The right-of-way rules declared in subsections (a) and (b) of this section are modified at through highways and otherwise as stated in this chapter.
21 Del. C. § 2140N — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140N
§ Â
        2140N. Special registration plates for the Delaware State Police.
Status: in_force

(a) The Department of Safety and Homeland Security may apply to the Division of Motor Vehicles for a special Delaware State Police registration plate.

(b) This section applies to the following vehicles owned by the Department of Safety and Homeland Security and assigned to the Delaware State Police:

(1) A “motorcycle” as defined in § 101 of this title.

(2) A private passenger vehicle.

(3) A truck or van with a 3/4 ton or less manufacturer’s rated capacity; GVWR of 10,000 pounds or less.

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time administrative fee of $10 is required in addition to the annual registration fee required by this title. A replacement plate may be obtained upon payment of a fee set by the Division of Motor Vehicles to cover the cost of the plate.

(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for administrative costs related to the issuance of the plate.

(e) The Division shall reserve sufficient license plates starting with the prefix “ST” and numbered consecutively beginning with the numeral “2” as required for this section. Any other valid license plates beginning with the prefix “ST” and already assigned are not subject to this section.

(f) All registration plates issued pursuant to this section shall be the colors and design of the Delaware State Police as determined by the Division of Motor Vehicles in conjunction with the Delaware State Police. The registration plate issued pursuant to this section need not bear a specific registration sticker indicating the expiration date. Instead, the Superintendent of the State Police shall maintain accurate records which reflect the fleet vehicles assigned to a specialty license plate. Such records shall be provided to the Department upon request.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 6902 — Delaware Code / Title 21 / Chapter 69 / Section 6902
§ Â
        6902. Notification to owner of removal of vehicle; disposal of removed vehicle.
Status: in_force

(a) Anyone rendering services under this chapter or Chapter 44 of this title has the right to detain the vehicle or motor vehicle rendered services to, about or for, to secure the payment of such services and shall have a lien upon said vehicle or motor vehicle.

(b) The lienor shall, by certified mail, return receipt requested, notify the lienee of the towing charges and, if compensation for storage is claimed, the per diem rate of storage charges, and a statement that the lienee must pay such charges on or before the date mentioned in the notice, said date not to be less than 15 days from service thereof. Notice shall be sent to last known address of the lienee and secured party. If the identity of the last registered owner or secured party cannot be determined with reasonable certainty, the contents of the notice set forth in this subsection shall be published 1 time in the newspaper of general circulation in the area where the vehicle was removed. The notice may contain multiple listings of removed vehicles. Notice by publication locally shall be the responsibility of the lienor. The notice shall have the same effect as notice sent by certified mail.

(c) The lienor may, after the expiration of 15 days from date of notification, request the Division of Motor Vehicles to schedule a hearing to determine the intentions of the registered owner and/or secured party as to the disposition of said vehicle.

(1) Upon receiving such request the Division of Motor Vehicles shall, by certified mail, notify the owner of record if known and each secured party as shown on the records of the Division of Motor Vehicles of the date and time of the hearing and the right to be present and contest said proposed disposition of such vehicle.

(2) The hearing officer of the Division of Motor Vehicles shall notify the lienor and the Delaware State Police Auto Theft Unit of the date and time of the hearing.

(3) If identity of the last registered owner and of all secured parties cannot be determined with reasonable certainty the Division of Motor Vehicles shall notify the Delaware State Police Auto Theft Unit.

(4) The nonappearance of the owner and/or secured party at the scheduled hearing is:

a. A waiver of all rights, title, interest in the vehicle; and

b. A consent to dispose of the vehicle.

(5) The hearing officer shall determine the disposition of the vehicle if there is no objection at the hearing and shall certify that all applicable regulations of the Division have been met. The owner and/or secured party shall have 15 days from the date of the hearing with the Division of Motor Vehicles to appeal such disposition of said vehicle to the Director of Motor Vehicles. If after 15 days the owner and/or secured party has not filed an appeal to the Director of the Division of Motor Vehicles, the Division of Motor Vehicles shall issue a salvage certificate of title to the lienor.

(6) If, however, the owner and/or secured party objects to the disposition of the vehicle at the hearing, further proceedings by the Division of Motor Vehicles shall cease and all parties will be notified of their right to file with a court of proper jurisdiction to seek judicial disposition.
21 Del. C. § 4172 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4172
§ Â
        4172. Speed exhibitions; drag races and other speed contests.
Status: in_force

(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition.

(b) No person shall accelerate or try to accelerate a vehicle, or any of its tires, regardless of whether the vehicle is stationary or in motion, at a rate which causes the drive wheels to spin or slip on the road surface, to produce smoke from tire slippage, or to leave visible tire acceleration marks on a highway, ground, or other surface. This subsection shall not apply during periods of inclement weather, unless such conduct is done in wilful or wanton disregard for the safety of persons or property.

(c) No owner or person in charge of a vehicle shall permit that vehicle or any vehicle under the person’s control to be used by another person for any of the purposes listed in subsection (a) or (b) of this section. If any vehicle is used in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.

(d) (1) A violation of this section is an unclassified misdemeanor for the first offense. For a first offense, any sentence shall also include 16 hours of community service either as a condition of probation or pursuant to § 4204(m) of Title 11. A subsequent like offense is a class A misdemeanor. For a subsequent offense, any sentence shall also include 40 hours of community service either as a condition of probation or pursuant to § 4204(m) of Title 11. Any fine imposed may not be suspended. Upon receiving notice of a conviction for a first offense, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of 6 months. Upon receiving notice of a conviction of a subsequent like offense, the Secretary shall suspend the driver’s license for a 1-year period. Notwithstanding the foregoing, there shall not be a suspension of driver’s license upon conviction for a first offense under subsection (b) of this section.

(2) a. Whenever a person is arrested or issued a citation for a violation of this section, the issuing or arresting law-enforcement agency shall impound the vehicle used in the offense. A law-enforcement officer may elect not to impound the vehicle, if there is an emergency or medical necessity jeopardizing life or limb, or if the law-enforcement officer is presented with exigent circumstances, including resource constraints.

b. A vehicle impounded pursuant to this section shall be impounded for a period of 72 hours after the time of arrest or citation, or until such later time as the person claiming the vehicle meets the conditions for release listed in paragraph (d)(2)d. of this section. This section does not otherwise limit any other provisions of the Code that govern the lawful seizure of vehicles or evidence.

c. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only under 1 of the following conditions:

1. The arrestee does not own and has not leased the vehicle, and the person who owns or leases the vehicle claims the vehicle and meets the conditions of release set forth in paragraph (d)(2)d. of this section.

2. The vehicle is owned or leased by the arrestee and the arrestee gives permission to another person, who has provided written acknowledgment that such person is responsible for not allowing the arrestee to drive the motor vehicle during the balance of the impoundment period, and the conditions for release in paragraph (d)(2)d. of this section are met. Should another person obtain the early release of an impounded vehicle under this paragraph and the arrestee thereafter drives, operates, or is in actual physical control of the vehicle during the balance of the 72-hour period of impoundment, the person that obtained the early release of the vehicle shall be guilty of a violation and subject to a $200 fine, which shall not be suspended. In any such prosecution under this paragraph, the State does not need to present a copy of the written acknowledgement.

d. A vehicle impounded pursuant to this section shall not be released unless all of the following conditions are met:

1. The claimant presents a valid driver’s license or other photo identification, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle. If the vehicle will be driven out of impoundment, the claimant must have a valid driver’s license or be accompanied by a person with a valid driver’s license. If the vehicle is an ATV or OHV, proof of insurance is not necessary.

2. The claimant is able to operate the vehicle in a safe manner and would not be in violation of § 4177(a) of this title.

3. Any other conditions for release established by the law-enforcement agency have been met.

4. All reasonable towing and storage fees connected to the vehicle have been paid. The State and the arresting law-enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(e) (1) This section applies on highways and elsewhere throughout the State including all of the following:

a. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public.

b. On the premises of any industrial establishment providing parking space for customers, patrons, or employees.

c. On any highway under construction or not yet open to the public.

(2) This section does not apply on any raceway, drag strip, or other place customarily and lawfully used for speed exhibitions or contests, or any nonresidential commercial, industrial, or other property where the participants have received express permission from the owner or the owner’s agent.

(3) For the purpose of this section, the term “vehicle” includes “all terrain vehicle,” “ATV,” “Off-highway vehicle,” and “OHV” as those terms are defined in § 101 of this title.

(4) For purposes of this section, a “subsequent offense” means a new violation of either subsection (a) or (b) of this section occurring within 5 years of the date of any former offense under this section.

(f) (1) If a person is found in violation of this section and the vehicle used in the violation is registered to that person or where the registrant permits the use of the vehicle, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order said vehicle be impounded for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting law-enforcement 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 releasing 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 law-enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(2) In lieu of impoundment under paragraph (f)(1) of this section, the court may order that the number plate or registration plate of any Delaware-registered vehicle used in connection with a violation of subsection (a) of this section be surrendered to the Department within 72 hours of the issuance of the order, or in accordance with the Department’s procedures, for up to 90 days for the first violation of this section, and for up to 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. After a person is convicted for a violation of this section, no person shall sell, transfer, or encumber the title to a Delaware-registered vehicle that the person knows is subject to a court order, except in the case of salvage, repossession, or unless first approved by the court that issued the order. The Department may not issue any alternate number plate or registration plate to that vehicle during the period of surrender, unless approved by the court that entered the order or upon presentment of proof of salvage or repossession. Anyone convicted of a violation of this section is prohibited from driving, operating, or being in physical control of the vehicle during the period of surrender absent specific court approval, regardless of any legal or equitable interest they might have in the vehicle.

(g) Whenever any vehicle has been used in, or in connection with, the commission of a violation of this section, or in connection with the flight or escape of any person convicted of a violation of this section, and any vehicle involved causes serious physical injury or death to another person during the course of the violation, or its operator is in violation of § 4177(a) of this title as a second offense or higher, the State, pursuant to the procedure governing set forth in Chapter 23 of Title 11 may seek to have forfeited any vehicle involved, whether it be the vehicle or an accomplice vehicle.

(h) Nothing in this section shall be construed to preclude or otherwise limit 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 offenses of speed exhibitions, drag races and other speed contests and any other offenses as defined elsewhere by the laws of the State.

(i) (1) Except as provided under paragraph (i)(2) of this section, the Court of Common Pleas has exclusive original jurisdiction of a violation of this section.

(2) If a violation of this section may be joined properly with a felony or other offense within the jurisdiction of the Superior Court, the violation of this section is within the jurisdiction of the Superior Court.
21 Del. C. § 6906A — Delaware Code / Title 21 / Chapter 69A / Section 6906A
§ Â
        6906A. Storage of nonconsensually-towed motor vehicles.
Status: in_force

(a) No person may nonconsensually tow a motor vehicle to a storage facility or store such a motor vehicle at a storage facility unless the storage facility meets the following criteria:

(1) The storage facility has a business office open to the public between 8 a.m. and 6 p.m. at least 5 days a week, excluding holidays.

(2) The storage facility is secured and, if it is an outdoor storage facility, lighted from dusk to dawn.

(3) The storage facility allows motor vehicle owners, lessees, lienholders, or persons authorized by such owners, lessees, or lienholders of a nonconsensually-towed motor vehicle, to, at no fee, obtain personal items from a towed motor vehicle during the normal business hours of the storage facility upon a showing of valid identification.

(4) The storage facility accepts as a means of payment all major credit cards and debit cards, or the storage facility has an operating automated teller machine (ATM). An ATM service or access fee must be reasonable.

(5) The storage facility is in compliance with § 6907A of this title.

(b) A private tow company must provide reasonable accommodations for after-hours access to and release of stored motor vehicles.

(1) A storage facility must post instructions on how to request after-hours access to or release of a stored motor vehicle in each of the following manners:

a. Outside the private tow company and storage facility’s place of business in a location easily viewable by the general public.

b. Prominently on the private tow company’s or storage facility’s website.

c. In any recorded phone message that members of the public seeking after-hours access to a motor vehicle are likely to hear.

(2) A private tow company or storage facility may charge a maximum fee of $50 for after-hours access to or release of stored motor vehicles.

(3) No private tow company or storage facility may charge storage fees or an after-hour access fee for any portion of a day during which an owner or operator of a motor vehicle is unable to obtain access to and release of the stored motor vehicle during the hours of 8 a.m to 6 p.m. within 90 minutes of following the instructions posted under paragraph (b)(1) of this section
21 Del. C. § 4198P — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198P
§ Â
        4198P. Operation of electric bicycles.
Status: in_force

(a) Except as specifically provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all the duties, of a bicycle or the operator of a bicycle.

(b) An electric bicycle or a person operating an electric bicycle is not subject to the provisions of this Code relating to financial responsibility or insurance, driver’s licenses, registration, certificates of title, off-highway vehicles, and license plates.

(c) On and after January 1, 2023, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.

(d) No person may tamper with or modify an electric bicycle to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification required in subsection (c) of this section is replaced after modification.

(e) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512).

(f) An electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.

(g) An electric bicycle may be ridden anywhere bicycles are allowed, including streets, highways, roadways, shoulders, bicycle lanes, bikeways (including bikeways established pursuant to Chapter 10 of Title 17) and bicycle or multi-use paths except for all the following:

(1) A local authority or state agency which has jurisdiction over a bicycle or multi-use path may prohibit the operation of a bicycle if the authority finds, after notice and a public hearing, that the restriction is necessary for safety reasons or compliance with other laws or legal obligations.

(2) A local authority or state agency which has jurisdiction over a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials may prohibit the operation of an electric bicycle on that trail.

(3) Sidewalks, including those permitted to be used by bicycles, while using the electric motor.

(h) No person under the age of 16 may operate a class 3 electric bicycle. A person under the age of 16 may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

(i) All operators and passengers of class 3 electric bicycles must wear an approved, properly fitted and fastened bicycle helmet. For the purposes of this subsection, “approved helmet” has the meaning provided in § 4198K(a) of this title. The requirement to wear a helmet is subject to the provisions of § 4198K(b)-(f) of this title.

(j) All class 3 electric bicycles must be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.
21 Del. C. § 4112 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4112
§ Â
        4112. Interference with official traffic-control devices or railroad signs or signals or other street signs.
Status: in_force

No person shall, without lawful authority, attempt to or, in fact alter, damage, deface, injure, twist, knock down, interfere with the operation of or remove any public roadway, bridge, drain, light, gate or traffic-control device, railroad sign or signal or other appurtenance or any inscription, shield or insignia thereon or any other part thereof or other type of highway signs erected by the State regardless of whether such sign is classified as regulatory or informational. Whoever violates this section shall, for the first offense, be fined not less than $57.50 nor more than $230, or imprisoned for not more than 10 days, or both. For each subsequent like offense committed within 2 years, the person shall be fined not less than $115 nor more than $460, or imprisoned for not more than 30 days, or both. Whoever violates this section shall in addition to any fine or incarceration make restitution to the State for actual costs incurred to replace the traffic-control device.
21 Del. C. § 4513 — Delaware Code / Title 21 / Chapter 45 / Section 4513
§ Â
        4513. Truck monitoring system.
Status: repealed

(a) Definitions. —

As used in this section:

(1) “County” means the 3 counties of this State: New Castle, Kent, and Sussex.

(2) “County law” means any legislative, administrative, or other law or policy implemented by the governing body of a county.

(3) “Driver” does not include an employee of the owner of a motor vehicle.

(4) “Municipality” includes all cities, towns, and villages created under any general or special law of this State for general governmental purpose and which possesses legislative, administrative, or police powers for the general exercise of municipal functions and carry on the functions through a set of elected and other officials.

(5) “Municipal law” means any legislative, administrative, or other law or policy implemented by a municipality.

(6) “Recorded image” means an image recorded by a truck monitoring system and includes any of the following:

a. A photograph.

b. A microphotograph.

c. A digital image.

d. A video.

e. Any other medium used to store images or sounds to be seen or heard later.

(7) “Road” means an open way for motor vehicles, and includes all of the following:

a. A Delaware byway, express highway, road, highway, or state highway, as those terms are defined under § 101 of this title.

b. A road, street, highway, roadway, or any similar term, as defined under a county or municipal law.

(8) “Truck monitoring system” means a device that is capable of producing a recorded image of a motor vehicle for identification of the vehicle type.

(b) Purpose. —

This section establishes the authority for the State or its counties or municipalities to use a truck monitoring system to assist in the enforcement of Chapter 45 and § 4505 of this title. This section does not establish a new violation.

(c) Applicability. —

(1) This section does not apply to any of the following:

a. An emergency vehicle.

b. An authorized state vehicle or snow plow.

c. A school bus.

d. A vehicle for which an owner, an employee of an owner, or a driver provides proof of lawful use of a restricted roadway.

e. A recreational vehicle.

(2) An employer, not the employer’s employee, is liable under this section if a violation under this section occurs while an employee is using, for the purposes of employment, a vehicle that the employer owns.

(d) Initial implementation; responsible authority. —

A truck monitoring system may be installed or used to record images of a motor vehicle traveling on a road in this State after the requirements of paragraph (d)(1) of this section and, if applicable, paragraph (d)(3) of this section, have been met.

(1) By August 15, 2020, the Department of Transportation shall do both of the following:

a. Identify roads in this State as potential candidates for the placement of truck monitoring systems.

b. Conduct an analysis to determine the appropriateness of each location.

(2) After the requirements of paragraph (d)(1) of this section have been met, the Secretary of the Department of Safety and Homeland Security may approve and install a truck monitoring system. The Secretary of the Department of Safety and Homeland Security may consult with the Department of Transportation for best practices in installing a truck monitoring system.

(3) A county or municipality may install and use a truck monitoring system after all of the following requirements have been met:

a. Paragraph (d)(1) of this section.

b. The county or municipality adopts an ordinance authorizing the use of a truck monitoring system at a location identified as a potential candidate under paragraph (d)(1) of this section.

c. The county or municipality publishes notice of each truck monitoring system location in a newspaper of general circulation in the area in which the truck monitoring system will be installed or used.

d. All signs stating restrictions on the presence of certain motor vehicles during certain times approaching and within the segment of road on which the truck monitoring system is located meet all of the following criteria:

1. Are in accordance with the Delaware Manual on Uniform Traffic Control Devices.

2. Indicate that a truck monitoring system is in use.

(4) The county or municipality that adopts an ordinance to authorize the use of a truck monitoring system is responsible for paying or obtaining funds for payment of the installation, use, maintenance, or other costs associated with the truck monitoring system that the county or municipality authorized. The Community Transportation Fund may be used to pay for a truck monitoring system.

(e) Vendor selection. —

The Department of Safety and Homeland Security shall utilize a supporting vendor to provide truck monitoring systems for the State, counties, and municipalities. The system vendor must be selected through an open competitive procurement process which allows for the government and taxpayer to benefit from improved quality at lower pricing. To assure integrity and propriety, a person involved in the administration or enforcement of the truck monitoring system may not own any interest or equity in the vendor used.

(f) Truck monitoring system requirements and maintenance; daily set-up log. —

(1) [Repealed.]

(2) A daily log must be maintained for each truck monitoring system. A county or municipality that has adopted an ordinance to install a truck monitoring system shall designate a truck monitoring system technician to fulfill the requirements of paragraph (f)(3)a. of this section for a truck monitoring system.

(3) A truck monitoring system technician shall do all of the following:

a. Fill out and sign a daily set-up log for each truck monitoring system to which the truck monitoring system technician is assigned. The log must do all of the following:

1. Include a statement that the technician successfully performed the manufacturer-specified self-test of the truck monitoring system before producing a recorded image.

2. Be kept on file.

3. Be admitted as evidence in any court proceeding for the violation that the recorded image captured.

b. With the approval of a law-enforcement officer of the applicable jurisdiction, issue a violation notice and send the notice to the registered owner of the motor vehicle.

(g) [Repealed.]

(h) Civil penalty. —

Unless a law-enforcement officer issued a citation to the owner or driver of the motor vehicle at the time of the violation, the owner or driver is subject to a civil penalty if a truck monitoring system captures the owner’s motor vehicle while violating state, county, or municipal law restricting the presence of certain vehicles at certain times. A civil penalty under this subsection may not exceed any of the following:

(1) For a first violation by the owner, an employee of the owner, or the driver of the motor vehicle, a mailed warning notice instead of a civil penalty. For purposes of this section, “first violation” means the owner, an employee of the owner, or the driver of the motor vehicle has not previously violated a state, county, or municipal law restricting the presence of certain motor vehicles at certain times within 24 months before the date of the violation.

(2) For a second violation by the owner, an employee of the owner, or the driver of the motor vehicle, $250.

(3) For third or subsequent violation by the owner, an employee of the owner, or the driver of the motor vehicle, $500.

(i) Issuance of citation; contents; duty of recipient. —

The State, county, or municipality, whichever applies, shall, within 30 days of the violation, mail a notice of violation to the owner of a motor vehicle that was captured on a truck monitoring system while violating a state, county, or municipal law restricting the presence of certain vehicles at certain times. The notice of violation must include all of the following:

(1) The name and address of the registered owner of the motor vehicle.

(2) The registration number of the motor vehicle involved in the violation.

(3) The violation charged.

(4) The location at which the violation occurred.

(5) The date and time of the violation.

(6) A copy of the recorded image of the motor vehicle.

(7) The amount of the civil penalty imposed and the date by which the civil penalty must be paid.

(8) A signed statement by a law-enforcement officer of the applicable jurisdiction that, based on inspection of the recorded image, the motor vehicle was being operated in violation of a state, county, or municipal law restricting the presence of certain vehicles at certain times.

(9) A statement that the recorded image is evidence of the violation.

(10) Information advising the owner of the manner, time, and place by which liability as alleged in the notice may be contested.

(11) Information warning the owner that failure to pay the civil penalty or contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the owner or the denial of the registration or renewal of any of the owner’s motor vehicles.

(12) Notice that the owner’s ability to rebut the presumption that the owner or an employee of the owner was the operator of the motor vehicle at the time of the alleged violation and the means for rebutting the presumption.

(j) Evidence; witnesses. —

(1) A certificate alleging that a violation of a state, county, or municipal law restricting the presence of a certain motor vehicle during a certain time occurred and that the requirements under subsections (d) and (f) of this section have been met and affirmed by a duly authorized law-enforcement officer based on inspection of a recorded image produced by a truck monitoring system is both of the following:

a. Evidence of the facts contained in the certificate.

b. Admissible in a proceeding alleging a violation under this section without the presence or testimony of the truck monitoring system technician.

(2) A recorded image from a truck monitoring system is evidence of a violation only if the image shows all of the following:

a. The front or side of a motor vehicle.

b. At least 2 time-stamped recorded images of the motor vehicle that include the same stationary object near the motor vehicle.

c. On at least 1 recorded image, a clear and legible identification of the entire registration plate number of the motor vehicle.

(3) If an owner or driver who received a notice of violation under this section desires the truck monitoring system technician to be present and testify at trial, the owner or driver shall notify the court and the State, county, or municipality, whichever issued the notice of violation, in writing no later than 20 days before trial.

(4) Adjudication of liability is based on a preponderance of the evidence.

(k) Defenses. —

(1) The court may consider in defense of a violation either of the following:

a. Subject to paragraph (k)(2) of this section, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner, an employee of the owner, or the driver at the time of the violation.

b. Subject to paragraph (k)(2) of this section, presence on the road was required to complete a local service, including trash removal. It is the driver’s or owner’s burden to prove that presence on the road was required to complete a local service.

c. Any other issue or evidence that the court deems pertinent.

(2) To demonstrate a defense under paragraph (k)(1) of this section, the owner or driver must submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

(l) Status of violation. —

A violation for which a civil penalty is imposed under this section is not a moving violation for the purpose of assessing points under 2 DE Admin. Code §  2208, and may not be any of the following:

(1) Recorded on the driving record of the owner, an employee of the owner, or driver of the motor vehicle.

(2) Treated as a parking violation under state, county, or municipal law.

(3) Considered in the provision of motor vehicle insurance coverage.

(m) Adoption of procedures for issuance of citations. —

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 violations under this section.

(n) Administration and processing of citations. —

(1) The county or municipality that installed the truck monitoring system, or a contractor designated by the county or municipality, shall administer and process civil citations issued under this section in coordination with the court.

(2) If a contractor operates a truck monitoring system on behalf of a county or municipality, the contractor’s fee may not be contingent on the number of citations issued or paid.
21 Del. C. § 704 — Delaware Code / Title 21 / Chapter 7 / Section 704
§ Â
        704. Jurisdiction over certain children; notice that child has been taken into custody.
Status: in_force

(a) Justices of the peace shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated this title, except as provided in § 927 of Title 10 and except when said child is charged with having violated 1 or more of the offenses specified in § 927 of Title 10 and, in the same incident, is charged with having violated other Title 21 offenses not specified in § 927 of Title 10, in which event the entire case shall be heard in the Family Court.

(b) Justices of the peace and arresting officers shall conform to the procedure for advising the accused of all rights of election of trial in the Court of Common Pleas as provided in § 5901 of Title 11.

(c) Section 703 of this title shall also be applicable to all alleged offenders.

(d) Justices of the peace shall adhere to the procedures, where applicable, as specified in Chapter 9 of Title 10, for offenders over whom they have jurisdiction pursuant to this section.

(e) Any peace officer having taken a child into custody or any justice of the peace before whom said child is brought by a peace officer shall make a reasonable attempt to notify the person having the care of the child that the child has been taken into custody.

(f) The jurisdiction of the Family Court in matters involving the violation of this title by children 16 years of age or over is hereby terminated, with the exception of those offenses over which the Family Court has expressly retained jurisdiction under § 927 of Title 10 and except for such actions for the violation of this title which were commenced prior to August 5, 1976.