21 Del. C. § 2139N — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139N
§ Â
        2139N. Special license plates for veterans of Operation Enduring Freedom.
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 Enduring Freedom 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 Enduring Freedom.

(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 Operation Enduring Freedom.

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

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

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.

(f) The Department shall reserve sufficient special license plates including the letters “OEF” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.
21 Del. C. § 6805 — Delaware Code / Title 21 / Chapter 68 / Section 6805
§ Â
        6805. OHV registration â Procedure.
Status: in_force

(a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner and such other information as the Department deems necessary. The Department shall also issue 1 registration number decal per OHV. Such number decal shall contain reference to the State and the registration number and shall be of such size and displayed in such manner as prescribed by the Department. Records of the Department made or kept pursuant to this chapter shall be public records except as otherwise provided.

(b) Upon receipt of the required fee and an application form prescribed by it, the Department shall issue to the applying dealer or manufacturer 10 registration number decals with additional decals being available for a fee of $2.00 per decal.

(c) If a registration certificate or decal is lost or destroyed, the owner may apply for a duplicate on forms provided for by the Department accompanied by a fee of $2.00. Upon receipt of a proper application and the required fee, the Department shall issue a duplicate registration certificate or number decal to the owner.
21 Del. C. § 4114A — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4114A
§ Â
        4114A. Lane travel restrictions on certain roadways.
Status: in_force

(a) This section applies only to vehicles traveling on the portions of State Route 1 and Interstate 495 that are any of the following:

(1) An “express highway,” as defined in § 101 of Title 17.

(2) A “controlled-access facility,” as defined in § 172 of Title 17.

(b) A vehicle may not travel in the left lane, except in any of the following circumstances:

(1) When no other vehicle is traveling in the same lane less than 100 feet behind the vehicle.

(2) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle.

(3) When necessary to enter, leave, or continue on the roadway.

(4) When necessary due to an obstruction.

(5) When necessary in response to emergency conditions.

(6) When necessary due to traffic conditions or congestion.

(7) To comply with other law or regulation.

(c) A vehicle with a gross vehicle weight rating of more than 26,000 pounds may only travel in the right-hand lane, except as provided in paragraphs (b)(2) through (b)(7) of this section.

(d) An operator who refuses, fails, or neglects to comply with this section is subject to a civil penalty as follows:

(1) For a first occurrence, a civil penalty of not less than $25 nor more than $75.

(2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.
21 Del. C. § 6804 — Delaware Code / Title 21 / Chapter 68 / Section 6804
§ Â
        6804. OHV registration â Renewal of registration.
Status: in_force

Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon payment of the same registration fees provided in § 6803 of this title.
21 Del. C. § 2501 — Delaware Code / Title 21 / Chapter 25 / Section 2501
§ Â
        2501. Expiration of registration upon transfer of title.
Status: in_force

Whenever the owner of a vehicle registered under this title transfers or assigns the title or interest thereto, the registration of such vehicle shall expire.
21 Del. C. § 2737 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2737
§ Â
        2737. Fee for return of suspended license and/or driving privileges.
Status: in_force

Any person whose license and/or driving privileges has been suspended or disqualified shall pay a fee of $50 at the end of such suspension or disqualification for the return of the person’s license and/or the reinstatement of the person’s driving privileges.
21 Del. C. § 410 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 410
§ Â
        410. Protection of Stateâs income.
Status: in_force

The Secretary of Transportation shall enter into no agreement, etc., that shall result in a serious or appreciable reduction of income to the State.
21 Del. C. § 4313 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4313
§ Â
        4313. Safety glass â Federal safety standards applicable to windshield, front side windows and side wings; window tinting.
Status: in_force

(a) No person shall operate any motor vehicle on any public highway, road or street with the front windshield, the side windows to the immediate right and left of the driver and/or side wings forward of and to the left and right of the driver that do not meet the requirements of Federal Motor Vehicle Safety Standard 205 in effect at the time of its manufacture.

(b) Nothing in this section shall prohibit the use of any products or materials along the top edge of the windshield so long as such products or materials are transparent and do not encroach upon the AS-1 portion of the windshield as provided by FMVSS 205 and [former] FMVSS 128.

(c) No person shall operate any motor vehicle on any public highway, road or street which does not conspicuously display a certificate by the manufacturer of any “after manufacture” window tinting material which may have been installed that such window tinting material meets the requirements of FMVSS 205 in effect at the time of the vehicle’s manufacture. It shall be a valid defense to any charge under this subsection if the person so charged produces in court a validated mandatory inspection notice showing that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies compliance with FMVSS 205.

(d) No person shall be convicted under this section if that person possesses a statement signed by a licensed practitioner of medicine and surgery or osteopathic medicine or optometry verifying that tinted windows are medically necessary for the owner or usual operator of said vehicle.

(e) This section shall not apply to anodized glass which is correctly installed in the windshield and windows of an antique motor vehicle or street rod, as such are defined in §§ 2196 and 2197 of this title or of a motor vehicle validly insured under an antique, classic or street rod designated motor vehicle insurance policy that covers the motor vehicle, pursuant to § 2118 of this title.

(f) This section shall not apply to any police K-9 unit vehicles, or any surveillance vehicles operated by a “police officer,” as defined under § 8401 of Title 11. This exception shall not apply to marked vehicles, except for police K-9 unit vehicles, or those unmarked vehicles used primarily for regular duty patrols.
21 Del. C. § 2510 — Delaware Code / Title 21 / Chapter 25 / Section 2510
§ Â
        2510. Endorsement and delivery of certificate of title upon transfer; penalty [For applicability of this section, see 80 Del. Laws, c. 77, Ââ23].
Status: in_force

(a) The owner of a motor vehicle for which a certificate of title is required shall not sell or transfer that title or interest in or to such vehicle unless the owner has obtained a certificate of title thereto or, unless having procured a certificate of title, the owner shall in every respect comply with the requirements of this section. Whoever violates this section shall be fined not less than $25 nor more than $500, or imprisoned not less than 30 days nor more than 1 year or both.

(b) The owner of a motor vehicle who transfers or sells that title or interest in or to such motor vehicle shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement, as certified by the owner under penalty of perjury, of all liens or encumbrances thereon and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle.

(c) The transferee, except as provided in subsection (d) of this section, shall thereupon present such certificate endorsed and assigned to the Department, accompanied by a transfer fee of $35 and make application for and obtain a new certificate of title for such vehicle.

(d) When the transferee of a vehicle is a dealer who holds the vehicle for resale and operates it only for purposes of demonstration under dealer’s number plates or when the transferee does not drive such vehicle or permit such vehicle to be driven upon the highways, such transferee shall not be required to forward the certificate of title to the Department, as provided in subsection (c) of this section, but such transferee upon transferring that title or interest to another person shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver the same to the person to whom such transfer is made. No dealer or other transferee shall hold the certificate of title to a motor vehicle for resale and/or transfer that title or interest to another person by executing an assignment and warranty of title upon the certificate of title without first having satisfied or caused to be satisfied all liens or encumbrances against the motor vehicle recorded in the office of the Secretary.

(e) Whenever the ownership of any motor vehicle passes otherwise than by voluntary transfer, the new owner may obtain a certificate of title therefore from the Department upon application therefore and payment of a fee of $35, accompanied with such instruments or documents of authority, or certified copies thereof, as may be required by law to evidence or effect a transfer of title or interest in or to chattels in such case. The Department, when satisfied of the genuineness and regularity of such transfer, shall issue a new certificate of title to the person entitled thereto.

(f) Whenever a dealer purchases or otherwise acquires a previously registered vehicle, the dealer shall immediately notify the Department, giving the name of the former owner and a sufficient description of the vehicle to identify it.
21 Del. C. § 4107 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4107
§ Â
        4107. Obedience to and required traffic-control devices.
Status: in_force

(a) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with this title, unless otherwise directed as authorized in § 4103 of this title, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

(b) No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic-control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. This subsection shall not operate to relieve a driver of the duty to operate a vehicle with due regard to the safety of all persons using the highway.

(c) Whenever a particular section does not state that traffic-control devices are required, such section shall be effective even though no traffic-control devices are erected or in place.

(d) In the event a traffic-control signal is erected and maintained at a place other than an intersection, this title shall be applicable except as to those provisions which by their nature can have no application.

(e) Whenever traffic-control devices are placed in position approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(f) Any traffic-control device placed pursuant to this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.
21 Del. C. § 4205 — Delaware Code / Title 21 / Chapter 42 / Section 4205
§ Â
        4205. Penalties.
Status: in_force

(a) Whoever violates this chapter or Chapter 41 of this title shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $57.50 nor more than $95. All second offenses, before being punishable as such, shall have been committed within 24 months after the commission of the first offense unless otherwise specifically provided.

(b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewhere in this chapter or Chapter 41 of this title.
21 Del. C. § 811 — Delaware Code / Title 21 / Chapter 8 / Section 811
§ Â
        811. Appeal.
Status: in_force

Any appeals of civil penalties assessed under this chapter shall be taken in the same manner as provided in § 708 of this title.
21 Del. C. § 2140F — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140F
§ Â
        2140F. Special registration plates for members of a motorcycle club.
Status: in_force

(a) An owner of a motorcycle may apply to the Division of Motor Vehicles (“Division”) for a motorcycle club’s special registration plate for the motorcycle under this section if both of the following apply.

(1) The owner has completed or, at the time of application, is enrolled in an experienced rider course offered by the Division or another entity under § 2726 of this title. If the owner is enrolled in the course at the time of application, the owner must provide verification of completion of the course to the motorcycle club to which the owner belongs.

(2) The owner is a member in good standing with the motorcycle club represented by the special registration plate.

(b) An owner of a motorcycle must provide the Division with acceptable proof that the owner is a member in good standing with the motorcycle club to receive the motorcycle club’s special registration plate.

(c) The Division must receive at least 25 applications for a motorcycle club’s special registration plate before the Division may approve the issuance of the special registration plate, including from any of the following motorcycle clubs:

(1) Alliance of Bikers Aimed Toward Education (A.B.A.T.E.) of Delaware, Inc.

(2) Buffalo Soldiers Motorcycle Club of Delaware.

(3) Green Knights International Military Motorcycle Club.

(4) Blue Knights International Law Enforcement Motorcycle Club.

(5) Red Knights International Firefighters Motorcycle Club.

(6) American Legion Riders Motorcycle Club.

(7) Vietnam Legacy Veterans Motorcycle Club.

(d) The numbers and letters assigned to special registration plates under this section must be such that the numbers and letters can be integrated with the Division’s computerized vehicle registration records.

(e) The Division may refuse to issue a special registration plate when the Division deems it not in the best interest of the State.

(f) (1) Upon the initial application for a special registration plate under this section, a 1-time fee of $20, which includes an administrative fee of $10, is required in addition to the annual registration fee required by this title.

(2) The fee under paragraph (f)(1) of this section 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.

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

(g) The Division shall deposit with the State Treasurer the nonadministrative portion of the fee under paragraph (f)(1) of this section. The State Treasurer must place the deposited funds in a special account. The Division must use the funds in deposited in the special account only for the expenses incurred in the administration of the motorcycle rider education program.

(h) The Division shall revoke a special registration plate issued under this section if either of the following occur:

(1) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to which a special registration plate has been issued has not completed an experienced rider course within 6 months of the receipt of the special registration plate.

(2) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to which a special registration plate has been issued is no longer affiliated with the club.

(i) The Department may promulgate rules and regulations to administer this section.
21 Del. C. § 4316 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4316
§ Â
        4316. Directional signal lights.
Status: in_force

All new vehicles licensed in this State must be equipped with directional signal lights.
21 Del. C. § 2511 — Delaware Code / Title 21 / Chapter 25 / Section 2511
§ Â
        2511. Penalties.
Status: in_force

(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 90 days or both. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 90 days nor more than 6 months or both.

(b) This section shall not apply to violations for which a specific punishment is set forth elsewhere in this chapter.
21 Del. C. § 2139H — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139H
§ Â
        2139H. Farmland preservation plates.
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 “Farmland Preservation” registration plate.

(b) This section applies to:

(1) A private passenger vehicle; or

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

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

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

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

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Farmland Preservation Contest Committee. 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 “Preserve Our Farms”. 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. § 4112A — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4112A
§ Â
        4112A. Traffic control signal preemption devices.
Status: in_force

(a) As used in this section, “traffic control signal preemption device” means any device that emits a pulse of light or other signal that, when received by a detector attached to a traffic control signal alters or interferes with normal operation of the traffic control device.

(b) Except as provided in subsection (d) or (e) of this section, a traffic control signal preemption device may not be installed on a motor vehicle, may not be transported in the passenger compartment of a motor vehicle, and may not be operated by the driver or passenger of a motor vehicle. No person who is not in a motor vehicle shall operate a traffic control signal preemption device. Violation of this subsection is an unclassified misdemeanor and upon arrest the device shall be seized and those convicted shall forfeit the traffic control signal preemption device and shall also be fined not less than $250 nor more than $750 and/or be sentenced to up to 3 months incarceration at Level V.

(c) No one may sell a traffic control signal preemption device, whether or not installed in a vehicle, to any person or entity for any intended use other than operation as permitted under subsection (d) or (e) of this section. Violation of this subsection is a class A misdemeanor.

(d) Installation of a traffic control signal preemption device is permitted on the following vehicles, and operation of the device is permitted as follows:

(1) Law-enforcement vehicles registered to state, county, or local authorities, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights.

(2) Vehicles registered to local fire departments and state or federal firefighting vehicles, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights.

(3) Vehicles that are designed and used exclusively as ambulances, paramedic or rescue vehicles, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights.

(4) Vehicles that are equipped and used exclusively as organ transport vehicles, when the transportation is declared an emergency by a member of the transplant team or a representative of the organ procurement organization, when used in combination with sirens and/or flashing lights.

(5) Vehicles registered to the Delaware Emergency Management Agency when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights.

(6) Vehicles owned and operated by the Department of Transportation equipped to install, test and repair traffic signals when used for that express purpose.

(7) Department of Transportation vehicles that are expressly authorized by the Secretary of the Department of Transportation.

(e) Vehicles identified in paragraphs (d)(2) and (3) of this section may operate a traffic control preemption device when such vehicles are returning to their assigned duty station entranceways or driveways, but only to affect the operation of the traffic control signal or signals permitting direct access of such vehicles to their assigned duty stations’ entranceways or driveways.
21 Del. C. § 6416 — Delaware Code / Title 21 / Chapter 64 / Section 6416
§ Â
        6416. Security of title documents.
Status: in_force

Each title shall be set forth by means of a secure printing process or other secure process. In addition, any other documents which are used to reassign the title shall be set forth by a secure process.
21 Del. C. § 4403 — Delaware Code / Title 21 / Chapter 44 / Section 4403
§ Â
        4403. Notice of removal.
Status: in_force

The police or the Department of Safety and Homeland Security causing the removal of an abandoned vehicle shall immediately ascertain the identity of any person or persons holding a lien against said vehicle. Within 5 days of the removal of the vehicle, the State Police, other police agencies, New Castle County Code Enforcement Constables or the Department shall cause a written notice to be mailed to the registered owner of the vehicle removed and lien holders stating:

(1) That the vehicle has been removed pursuant to law;

(2) The place to which it has been removed; and

(3) That the vehicle may be sold to satisfy the costs of removal and storage of the vehicle as provided in § 4404 of this title unless those costs have been paid in full on or before 30 days from the date of the removal of the vehicle.

If the address of the owner of the vehicle cannot be ascertained by the exercise of reasonable diligence, then the notice provided by this section shall not be required to be given.
21 Del. C. § 3105 — Delaware Code / Title 21 / Chapter 31 / Section 3105
§ Â
        3105. Issuance of replacement cards; fee [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) In the event that any identification card issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Division for the issuance of a replacement identification card upon executing such forms as may be required by the Division and upon furnishing proof satisfactory to the Division that such identification card has been lost or destroyed.

(b) In the event a name change is requested for any identification card issued under this chapter, the person to whom it was issued may apply to the Division for the issuance of an updated identification card upon submitting such documentation as may be required by the Division.

(c) Upon receipt of the application and a fee of $10, the Division shall issue a replacement identification card.

(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a duplicate replacement identification card.
21 Del. C. § 2617 — Delaware Code / Title 21 / Chapter 26 / Section 2617
§ Â
        2617. Rulemaking authority.
Status: in_force

The Department may adopt any rules and regulations necessary to carry out the provisions of this chapter.
21 Del. C. § 703 — Delaware Code / Title 21 / Chapter 7 / Section 703
§ Â
        703. Jurisdiction of offenses.
Status: in_force

(a) A person arrested without a warrant for a violation of any section of this title, or arrested for any moving traffic violation or any municipal ordinance regulating traffic within its territorial limits as set forth in Chapter 41 of this title shall have such case heard and determined by a justice of the peace.

(b) Notwithstanding subsection (a) of this section, the arresting officer may issue a summons to the person arrested for an appearance at a subsequent date before a justice of the peace.

(c) The arresting officer shall take the person arrested without a warrant, or shall summon the person arrested to appear at a subsequent date, before a Justice of the Peace Court which is located in the same county wherein the violation occurred, unless a Justice of the Peace Court located in another county is closer to the place where the violation occurred, in which case the arresting officer may take the person arrested without a warrant, or may summon the person arrested to appear at a subsequent date, before said Court.

Notwithstanding the foregoing, any case in which a person is arrested or issued a summons within the corporate limits of the city of Milford for a violation of a provision of this title, with the exception of violations of § 4177 of this title, shall be heard and adjudicated in the nearest available Justice of the Peace Court location in Kent County. Violations of § 4177 of this title within the corporate limits of the city of Milford may be initiated or transferred to any Justice of the Peace Court location so designated by the Justice of the Peace Court to hear such cases. Once properly within the jurisdiction of a particular Justice of the Peace Court location, that location shall retain jurisdiction until final adjudication, unless a transfer of venue is permitted by statute or court rule.

(d) Anything else in this or any other chapter or title notwithstanding, those proceedings in the Justice of the Peace Courts specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and where the defendant is present so as to provide the public, the court and the defendant with a view of the proceedings. Such proceedings may be conducted by a Justice of the Peace Court in the same or another county from that in which the defendant is physically located.

(e) Notwithstanding any other provision of this section to the contrary, in those incorporated municipalities which provide duly constituted alderman’s courts or mayor’s courts, the alderman and mayor shall continue to hear and adjudicate those cases in which a person is arrested without a warrant and where the alderman’s court or the mayor’s court is the court of original jurisdiction. As justice requires, the alderman’s court or the mayor’s court may administratively transfer a case that would be within the jurisdiction of that court to the Justice of the Peace Court.

(f) Notwithstanding subsection (e) of this section, no alderman, mayor or other municipal official shall be authorized to adjudicate any alleged moving traffic violation unless said court complies with the following:

(1) All convictions in said alderman’s court or mayor’s court for moving traffic violations and the disposition of those cases shall become a matter of record to be filed with the State Division of Motor Vehicles. Records of all such convictions shall be forwarded to the Division no later than 10 days after disposition of the case.

(2) The adjudicating official shall receive a salary but no other compensation for performing such official’s duties. All fees, fines, costs and other funds collected by the court in the course of its business shall be deposited to the account of the municipality from which the adjudicating official derives authority.

(g) Superior Court shall have jurisdiction to issue writs of mandamus to adjudicating officials of any alderman’s court or mayor’s court to compel compliance with this section.
21 Del. C. § 4127 — Delaware Code / Title 21 / Chapter 41 / Subchapter III-A / Section 4127
§ Â
        4127. Unlawful evasion of Delaware Turnpike and the Korean War Veterans Memorial Highway; harassment of toll collectors; penalty; appeal; jurisdiction; payment of minimum fine before trial.
Status: in_force

(a) No vehicle shall be used on any part of the Delaware Turnpike, the Korean War Veterans Memorial Highway or any other State toll road except upon payment of such tolls as may from time to time be prescribed by the Department of Transportation of this State.

(b) It is unlawful for any person to refuse to pay, to evade or attempt to evade the payment of such toll. Any such violation regarding the payment of tolls shall be an unclassified misdemeanor, and shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days, or both.

(c) Any person convicted under this section shall have the right of an appeal as prescribed in § 708 of this title.

(d) In the event of an arrest for the violation of this section, the person arrested shall be taken before a justice of the peace whose regular office is nearest to the place where such person was arrested. The person so arrested shall have the privilege of electing to have the case tried and determined in the Court of Common Pleas as provided in § 5901 of Title 11.

(e) Any peace officer may stop and arrest, with or without a warrant, any person abroad who the police officer has reasonable ground to suspect is committing, has committed or is attempting to commit a violation of this section.

(f) Any person arrested for violations of this section shall have the right to appear before the committing justice of the peace on or before the date and time set for trial and pay the minimum fine for each such offense or to mail the minimum fine to the committing justice of the peace provided that such remittance is mailed at least 2 days before the date set for the trial. Court costs shall not be assessed if the fine is paid pursuant to this subsection, any statute or court rule of this State notwithstanding. The Court shall mail a receipt indicating the payment of a fine pursuant to this subsection if the person paying such fine makes a written request for a receipt and encloses a self-addressed envelope with postage affixed thereon.

(g) If any vehicle is witnessed by a police officer, toll collector or video surveillance device, to be in violation of subsection (b) of this section, and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed such violation of subsection (b) of this section.

(h) Any person who commits an act of offensive touching, presents payment in the form of an obviously unsanitary piece of United States currency, or who commits any act knowing that one is thereby likely to cause offense or alarm to an on duty toll collector, will be guilty of an unclassified misdemeanor.
21 Del. C. § 2196 — Delaware Code / Title 21 / Chapter 21 / Subchapter VII / Section 2196
§ Â
        2196. Special antique motor vehicle plates.
Status: in_force

(a) Upon application, the Department may furnish to the owner of a registered antique motor vehicle a special antique motor vehicle plate to be displayed on such antique motor vehicle. This special plate shall be issued in addition to the plate already issued for such vehicle under this chapter.

(b) The term “antique motor vehicle” includes every automobile, truck, motorcycle or other motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformity with manufacturer’s specifications. A vehicle which has undergone substantial alterations from its original specifications and appearance, or has had its horsepower or dimensions changed, shall not be eligible for an antique license plate pursuant to this section.

(c) Any antique motor vehicle, registered pursuant to this section, shall be used only for participation in club activities, exhibits, tours, parades and similar uses, but in no event shall it be used for general transportation.

(d) Such special antique motor vehicle license plate shall be issued for a fee of $25 and shall be valid without further payment of a renewal fee as long as the vehicle is in existence and is owned by the same person. This fee shall be in addition to the vehicle document fee, title fee or other fees required by this title.

(e) In the event of a transfer of ownership of an antique motor vehicle registered with a special plate pursuant to this section, the transferor shall surrender the special plate to the Department.
21 Del. C. § 2129 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2129
§ Â
        2129. Issuance of temporary registration plates with temporary permits; issuance to dealers and certified automotive repair technicians for reissuance.
Status: in_force

(a) The Department may issue a temporary registration plate designed by the Department to an owner to whom it grants a temporary registration permit pursuant to § 2103 of this title. The dates of issuance and expiration and the make and serial number of the vehicle for which issued shall be stamped or marked with indelible ink in letters at least ¾ of an inch high upon any temporary plate so issued and a record of such information, together with the name of the owner, shall be retained by the Department. Motorcycle temporary plates may be stamped or marked in letters less than ¾ of an inch high.

(b) The Department may also issue temporary registration plates to a dealer in motor vehicles, either new or used, who submits such proof as the Department requires of such status as a bona fide dealer, for reissuance to purchasers of unregistered motor vehicles. Such plates may be issued to a qualified dealer upon application for not less than 5 of such plates and payment of a fee of $20 for each plate.

(c) The Department may also issue temporary registration plates to an automotive repair technician who is certified under 7 DE Admin. Code 1131 and submits such proof as the Department requires of such status as a bona fide certified repair technician, for reissuance to customer’s unregistered motor vehicles for the purpose of verifying repairs.
21 Del. C. § 6401 — Delaware Code / Title 21 / Chapter 64 / Section 6401
§ Â
        6401. Findings; purpose.
Status: in_force

The General Assembly hereby finds that purchasers when buying motor vehicles rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; that an accurate indication of the mileage traveled by a motor vehicle assists the purchasers in determining its safety and reliability; and that motor vehicles move in the current of interstate and foreign commerce or affect such commerce. It is therefore the purpose of this chapter to prohibit tampering with odometers on motor vehicles and to establish certain safeguards for the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers.
21 Del. C. § 4163A — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4163A
§ Â
        4163A. Railroad crossing violations for operators of commercial vehicles only.
Status: in_force

In addition to the existing railroad crossing violations in § 4163 of this title, the following railroad crossing infractions apply to commercial motor vehicle operators:

(1) Every commercial motor vehicle operator other than those listed in § 4163 of this title shall, upon approaching a railroad-highway grade crossing, do all of the following:

a. Slow down and check that the tracks are clear of an approaching train or other on-track equipment.

b. Stop before reaching the crossing if the tracks are not clear.

(2) The driver of a commercial motor vehicle shall obey a traffic control device and comply with a lawful order or direction of a police officer or other enforcement official who is guiding, directing, controlling, or regulating traffic at a railroad-highway grade crossing.

(3) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient undercarriage clearance.

(4) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient space and can be driven completely through the crossing without stopping.
21 Del. C. § 4181 — Delaware Code / Title 21 / Chapter 41 / Subchapter X / Section 4181
§ Â
        4181. Summons for unattended vehicle; civil penalties.
Status: in_force

(a) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an unattended vehicle found in violation of any of the provisions of this subchapter or of any local code or regulation regulating stopping, standing or parking by any officer authorized by this Code or local ordinance, code, or regulation to issue summonses for such violations.

(b) The Department of Safety and Homeland Security may adopt a schedule of civil penalties, between a minimum of $11.50 and a maximum of $28.75, for all violations under this subchapter.
21 Del. C. § 2139W — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139W
§ Â
        2139W. Special license plates for the Delaware Equine Council.
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 Delaware Equine Council registration plate.

(b) This section applies only to:

(1) A private passenger vehicle; or

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

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

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

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

(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 (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside for use by the Delaware Equine Council.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Board of Directors of the Delaware Equine Council. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. No special numbers or letters will be authorized for these plates. The Board of Directors of the Delaware Equine Council may, at its discretion, drop the wording “The First State” and substitute in place thereof “Delaware Equine Council.” 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. § 2114 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2114
§ Â
        2114. Suspension of registration upon notice of theft.
Status: in_force

Whenever the owner of any motor vehicle, trailer or semitrailer, which has been stolen or embezzled, files an affidavit of the fact thereof with the Department, the Department shall forthwith suspend the registration of such vehicle and shall not transfer the title of or reregister the vehicle until it has been notified that the owner has recovered such vehicle. The notice shall be effective for the current registration period, but, if during that time the vehicle is not recovered, a new affidavit to like effect may be filed with the Department, and the notice shall be effective for a further period of 12 months. Thereafter like notices may be given effective from year to year. Every owner who has filed an affidavit of theft or embezzlement shall immediately notify the Department of the recovery of such vehicle, and failure so to do within 30 days after such recovery shall be punished as provided in § 2116 of this title.
21 Del. C. § 307 — Delaware Code / Title 21 / Chapter 3 / Section 307
§ Â
        307. Deposits and disbursements.
Status: in_force

(a) All moneys received by the Division of Motor Vehicles under this title and Title 30 shall be deposited daily to the credit of the Transportation Trust Fund.

(b) Those funds directed to be received by the Department of Safety and Homeland Security pursuant to § 309 or § 706 of this title shall be deposited daily to the credit of the State’s General Fund.

(c) Except as may be otherwise provided in § 309 or § 706 of this title, no action or claim that is otherwise permitted against the State or an agency or authority of the State to recover any moneys that are erroneously or illegally collected by or paid to the Departments of Transportation and Safety and Homeland Security under this title, may be commenced or otherwise asserted after expiration of 1 year from the earlier of:

(1) The date of the payment; or

(2) The date the payment was required to be made.
21 Del. C. § 2314 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2314
§ Â
        2314. Refusal or revocation of certificate of title â Appeal.
Status: in_force

An appeal from any decision of the Department refusing or revoking a certificate of title may be taken to the Superior Court.
21 Del. C. § 8604 — Delaware Code / Title 21 / Chapter 86 / Section 8604
§ Â
        8604. Notification of implications of lien.
Status: in_force

At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
21 Del. C. § 2909 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2909
§ Â
        2909. Availability of other remedies.
Status: in_force

Nothing in this chapter shall prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law.
21 Del. C. § 2310 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2310
§ Â
        2310. Altered or changed serial number.
Status: in_force

The owner of a motor vehicle, the serial number of which has been altered, removed or defaced, may make application for a special number in the form prescribed by the Department accompanied by a fee of $2.00. The applicant shall furnish such information as will satisfy the Department that such applicant is the owner, whereupon the Department shall assign a special number for the motor vehicle preceded by a symbol indicating this State. A record of special numbers so assigned shall be maintained by the Department. The title inspector shall stamp the number upon the vehicle as directed by the Department and, upon receipt by the Department of a certificate that the title inspector has inspected and stamped the number upon the motor vehicle as directed, in a workmanlike manner, together with application for a certificate of title, such special number shall be regarded as the serial number of the motor vehicle.
21 Del. C. § 2614 — Delaware Code / Title 21 / Chapter 26 / Section 2614
§ Â
        2614. Implied consent requirements for commercial motor vehicle drivers.
Status: in_force

(a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this title, to take a test or tests of that person’s blood or breath for the purpose of determining that person’s alcohol concentration, or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law-enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in the driver’s system.

(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law-enforcement officer requesting the test, that a refusal to submit to the test will result in that person being immediately placed out of service for a period of 24 hours and being disqualified from operating a commercial motor vehicle for a period of not less than 1 year under § 2612 of this title.

(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law-enforcement officer must submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) of this section and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.

(e) Upon receipt of the sworn report of a law-enforcement officer submitted under subsection (d) of this section, the Division of Motor Vehicles must disqualify the driver from driving a commercial motor vehicle under § 2612 of this title.
21 Del. C. § 8403 — Delaware Code / Title 21 / Chapter 84 / Section 8403
§ Â
        8403. Written agreements and designated territories [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) A manufacturer or distributor may not sell a new recreational vehicle or new recreational trailer in this State to or through a new recreational vehicle dealer without having first entered into a written and signed manufacturer-dealer agreement with a new recreational vehicle dealer.

(b) A manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a new recreational vehicle dealer in a manufacturer-dealer agreement and may not change the area or contract with another new recreational vehicle dealer for the sale of the same line-make in the designated area during the duration of the agreement, except as provided for in § 6311(b) of this title.

(c) The area of sales responsibility may not be reviewed or changed without the consent of both parties for 1 year after the execution of the manufacturer-dealer agreement.

(d) Except as provided in subsection (e) of this section, a new recreational vehicle dealer may not sell a new recreational vehicle or new recreational trailer in this State without having first entered into a manufacturer-dealer agreement with a manufacturer or distributor which has been signed by both parties.

(e) A new recreational vehicle dealer may not be prohibited from selling a particular line-make after a manufacturer-dealer agreement has been terminated or not renewed under § 8404 of this title, if new recreational vehicles or new recreational trailers of the terminated line-make are not returned or required to be returned to the manufacturer. The new recreational vehicle dealer may continue to sell all-line makes that were subject to the manufacturer-dealer agreement and are currently in stock until those line-makes are no longer in the new recreational vehicle dealer’s inventory.
21 Del. C. § 8608 — Delaware Code / Title 21 / Chapter 86 / Section 8608
§ Â
        8608. Contribution against indemnification.
Status: in_force

A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle insurer of the peer-to-peer car sharing program if the claim meets all of the following conditions:

(1) The claim is against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.

(2) The claim is excluded under the terms of its policy.
21 Del. C. § 4125 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4125
§ Â
        4125. Turning off roadway by slow-moving vehicle.
Status: in_force

On a 2-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, behind which 5 or more vehicles are formed in line, shall turn off the roadway wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed. As used in this section, a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
21 Del. C. § 3210 — Delaware Code / Title 21 / Chapter 32 / Section 3210
§ Â
        3210. Reimbursement and compensation of agent.
Status: in_force

(a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.

(b) An agent shall not be entitled to compensation unless:

(1) The personal power of attorney so provides; and

(2) The compensation is reasonable under the circumstances.
21 Del. C. § 8613 — Delaware Code / Title 21 / Chapter 86 / Section 8613
§ Â
        8613. Automobile safety recalls.
Status: in_force

(a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program must do all of the following:

(1) Verify that the shared vehicle does not have any safety recalls for which the repairs have not been made.

(2) Notify the shared vehicle owner in writing or electronically of the requirements under subsection (b) of this section.

(b) (1) If the shared vehicle owner has received an actual notice of a safety recall, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.

(2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner must remove the shared vehicle as available on the peer-to-peer car sharing program as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.

(3) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, the shared vehicle owner must notify the peer-to-peer car sharing program about the safety recall as soon as practicably possible after receiving the notice of the safety recall, so that the shared vehicle owner may address the safety recall repair.
21 Del. C. § 2763 — Delaware Code / Title 21 / Chapter 27 / Subchapter V / Section 2763
§ Â
        2763. Qualifications for taxicab and limousine license.
Status: repealed

(a) To qualify for a taxicab and limousine endorsement an applicant must meet all of the following requirements:

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

(2) Meet the requirements of § 2707 of this title;

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

a. Any crime against a child;

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

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

d. Any crime constituting a felony sexual offense.

f., g. [Repealed.]

(4) Has not been convicted or pled guilty, within the last 7 years, to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:

a. Driving under the influence under § 4177, § 4177J, § 4177L, or § 4177M of this title;

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

c. A hit and run offense under Chapter 42 of this title;

d. Driving over 100 mph; or

e. Reckless driving under § 4175 of this title; or

(5) Has not had that person’s driver’s license suspended, revoked, or disqualified in this State or any other jurisdiction for moving violations during the immediate preceding 3 years.

(b) Any taxicab and limousine and endorsement issued shall automatically be rescinded by the Director of the Division of Motor Vehicles if the applicant has not shown evidence of having satisfactorily completed, within 30 days of the date of endorsement, a motor vehicle accident prevention course approved by the Director of the Division of Motor Vehicles.

(c) The Department may conduct a criminal history background check for the purposes of issuing a taxicab and limousine endorsement pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant’s Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.
21 Del. C. § 8602 — Delaware Code / Title 21 / Chapter 86 / Section 8602
§ Â
        8602. Definitions.
Status: in_force

When used in this chapter:

(1) “Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement.

(2) “Car sharing period” means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time.

(3) “Car sharing program agreement” means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. “Car sharing program agreement” does not mean “rental agreement,” or similar, as defined in § 2002 of Title 18. “Car sharing program agreement” is not a “lease” as defined in § 4302 of Title 30.

(4) “Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.

(5) “Car sharing termination time” means the earliest of any of the following events:

a. The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement.

b. When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program, and the alternatively agreed upon location shall be incorporated into the car sharing program agreement.

c. When the shared vehicle owner, or the shared vehicle owner’s authorized designee, takes possession and control of the shared vehicle.

(6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” does not mean rental car or rental activity as defined in § 2002 of Title 18. “Peer-to-peer car sharing” does not include “lease of a motor vehicle” as used in § 4302(b) of Title 30.

(7) “Peer-to-peer car sharing program” means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car sharing program” does not mean “rental company” as defined in § 2002 of Title 18. “Peer-to-peer car sharing program” does not mean “Motor vehicle lessor” as defined in § 4301 of Title 30. “Peer-to-peer car sharing program” does not mean “motor vehicle lessor” as defined in § 2112 of this title.

(8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer car sharing program. “Shared vehicle” does not mean rental car or “rental vehicle” as defined in § 2002 of Title 18.

(9) “Shared vehicle driver” means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. “Shared vehicle driver” does not mean “motor vehicle lessee” as defined in § 4301 of Title 30.

(10) “Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. “Shared vehicle owner” does not mean “motor vehicle lessor” as defined in § 4301 of Title 30. “Shared vehicle owner” does not mean “motor vehicle lessor” as defined in § 2112 of this title.
21 Del. C. § 6826 — Delaware Code / Title 21 / Chapter 68 / Section 6826
§ Â
        6826. Safety education program.
Status: in_force

(a) The Department shall implement a comprehensive OHV information and safety education program which shall include the preparation and dissemination of information and safety advice to the public.

(b) In implementing a program which is established pursuant to this section, the Department shall cooperate with private organizations and associations, private and public corporations, the Department of Education, state and local parks and recreation departments, local governmental units and local and county law-enforcement agencies.
21 Del. C. § 7509 — Delaware Code / Title 21 / Chapter 75 / Section 7509
§ Â
        7509. Hearing notice.
Status: in_force

A license issued under this chapter may be suspended, revoked, refused or not renewed only after notice of hearing has been served upon the person or the person’s representatives. Said hearing notice shall contain:

(1) All charges made against said person; and

(2) The date, approximate time and place of the hearing must be specified.
21 Del. C. § 3212 — Delaware Code / Title 21 / Chapter 32 / Section 3212
§ Â
        3212. Agentâs duties.
Status: in_force

(a) Notwithstanding provisions in the personal power of attorney, an agent that has accepted appointment pursuant to a personal power of attorney shall, in connection with exercising the authority granted to such agent therein:

(1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;

(2) Act in good faith;

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

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

(b) Except as otherwise provided in the personal power of attorney, an agent that has accepted appointment shall:

(1) Act loyally for the principal’s benefit;

(2) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

(3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; and

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.

(c) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(d) If an agent has special skills or expertise the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(e) An agent that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(f) Except as otherwise provided in the personal power of attorney and by § 3206 of this title, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested the agent shall comply with the request within a reasonable period of time.
21 Del. C. § 3106 — Delaware Code / Title 21 / Chapter 31 / Section 3106
§ Â
        3106. Signature.
Status: in_force

Every holder of an identification card shall write the holder’s usual signature, in a manner acceptable to the Department, in the space provided for that purpose on the card and such card shall not be valid until the card is so signed.
21 Del. C. § 2139G — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139G
§ Â
        2139G. Special license plates for Korean War veterans.
Status: in_force

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

(2) This section applies only to:

a. A private passenger vehicle; or

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

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

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

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

(e) The Department shall reserve sufficient special license plates including the letters “KW” 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 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) At least 50 members of the organization must apply for the special plate authorized by this section.
21 Del. C. § 2740 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2740
§ Â
        2740. Consent to submit to chemical test; probable cause; test required.
Status: in_force

(a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§ 4177 and 4177L of this title to a chemical test or tests of that person’s blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto.

(b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.
21 Del. C. § 4102 — Delaware Code / Title 21 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. Required obedience to traffic laws.
Status: in_force

It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter.
21 Del. C. § 2616 — Delaware Code / Title 21 / Chapter 26 / Section 2616
§ Â
        2616. Driving record information to be furnished.
Status: in_force

Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding the driving record of any person:

(1) To the driver license administrator of any other state, or province or territory of Canada, requesting that information;

(2) To any employer or prospective employer upon request and payment of a fee of $4.00;

(3) To other persons, pursuant to § 305 of this title.
21 Del. C. § 4702 — Delaware Code / Title 21 / Chapter 47 / Section 4702
§ Â
        4702. Adoption of federal requirements â In general.
Status: in_force

(a) Except as modified by this chapter, the State hereby adopts, as the laws of Delaware governing motor carrier safety, the following parts of the Code of Federal Regulations, as published and as subsequently amended: Title 49, Chapter III, Subchapter B, Part 374, Part 385, Part 386, Part 387, Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397, adopted pursuant to the Transportation Article of the United States Code (49 U.S.C. § 101 et seq.).

(b) Notwithstanding the adoption of the laws and regulations as indicated in subsection (a) of this section, no requirements under this chapter shall apply to any single vehicle or a vehicle in combination operated in intrastate commerce with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except for:

(1) A vehicle being used to transport hazardous materials of a type or quality that requires the vehicle to be marked or placarded in accordance with the Federal Motor Carrier Safety Regulations; or

(2) A vehicle having a seating capacity of 16 or more persons.
21 Del. C. § 3301 — Delaware Code / Title 21 / Chapter 33 / Section 3301
§ Â
        3301. Transporter license requirements.
Status: in_force

(a) No individual, corporation, partnership, sole-proprietorship, or other legal entity may carry on or conduct the business of transporting vehicles unless issued a transporter license by the Division of Motor Vehicles. A transporter license issued under this title is not transferrable.

(b) An application for a transporter license must be made upon the form prescribed by the Division and must contain a certification by the applicant stating the information provided is true and accurate to the best of the applicant’s knowledge.

(c) The owner of a transporter business must have a valid Delaware driver’s license and established residency in Delaware at least 90 days prior to the time of application.

(d) An applicant for a transporter license must be at least 18 years of age, with a minimum of 1 year driving authority, on the date the application is submitted.

(e) A transporter licensee who is under the age of 21 may only operate a motor vehicle that is displaying a Delaware transporter plate on the vehicle or any attached trailer or mobile home within Delaware. Only individuals over the age of 21 may operate a motor vehicle that is displaying a Delaware transporter plate on the vehicle or any attached trailer or mobile home outside of Delaware.

(f) (1) An applicant seeking a transporter license or license renewal, if more than 5 years have passed since the initial transporter license was granted, must submit fingerprints and other necessary information as may be required 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 must be forwarded to the Division of Motor Vehicles for review to determine the applicant’s suitability for licensure. Information obtained under this subsection is confidential and may only be disclosed to the Director of the Division or the Director’s designee.

(g) An applicant for a transporter license must verify, on a form prescribed by the Division of Motor Vehicles or through other means deemed acceptable by the Division through regulation, that the transporter has liability insurance as required under § 2118 of this title.

(h) The fee for a transporter license is $50.

(i) An applicant for a transporter license must have a valid business license from the Delaware Division of Revenue and must satisfy any local or municipal business licensing requirements.
21 Del. C. § 2160A — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2160A
§ Â
        2160A. Issuance of vehicle registration expiration notice upon request.
Status: in_force

Upon request by a vehicle owner, the Department shall mail a vehicle registration expiration notice 40 days prior to the expiration of the registration for the vehicle. A minimum fee of $1.00 per notice to cover the cost of this service shall be paid to the Department at the time the request is made. The amount of the fee shall be revised annually by the Department pursuant to § 6531 of Title 29 to reflect the true cost of this service.
21 Del. C. § 2127 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2127
§ Â
        2127. Duplicate plates.
Status: in_force

Whenever number or registration plates are lost, destroyed or so effaced as to no longer comply with the requirements of law, new plates shall be furnished by the Department upon receipt of satisfactory information and payment of the required fee.
21 Del. C. § 4347 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4347
§ Â
        4347. Signal lamps and signal devices.
Status: in_force

(a) Any motor vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 100 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake and be incorporated with 1 or more other rear lamps.

(b) Any motor vehicle may be equipped and when required under this chapter shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purpose of indicating an intention to turn either to the right or left. When lamps are used for such purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than 100 feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 100 feet to the rear in normal sunlight. When actuated such lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for such purpose, said devices shall be self-illuminated when in use at the times mentioned in § 4331 of this title.

(c) No stop lamp or signal lamp or device shall project a glaring light.
21 Del. C. § 6709 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6709
§ Â
        6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; penalty; class E felony.
Status: in_force

(a) No person, unless duly authorized by the Director of the Division of Motor Vehicles or an agent of the Director, shall remove or alter a vehicle identification plate, warranty or certification sticker or confidential vehicle identification number from any motor vehicle, trailer or semitrailer, or part thereof, or have in possession any motor vehicle, trailer or semitrailer, or part thereof, where the vehicle identification plate, warranty or certification sticker or confidential vehicle identification number has been removed without first obtaining permission, in writing, from the said Director.

(b) Any person found guilty of the violation of this section shall be guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
21 Del. C. § 2623 — Delaware Code / Title 21 / Chapter 26 / Section 2623
§ Â
        2623. Other penalties.
Status: in_force

(a) Whoever violates this chapter 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.

(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this chapter.
21 Del. C. § 809 — Delaware Code / Title 21 / Chapter 8 / Section 809
§ Â
        809. Suspension of license.
Status: in_force

When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was one for which the person received personal service of the notice or summons, or the offense was one for which service was made by mail and the person has either requested a hearing and failed to appear or been found responsible for the offense and failed to pay the civil penalty, costs, or both, either at the time of the order or in accordance with a payment schedule, the Division of Motor Vehicles:

(1) Shall forthwith suspend the driver’s license of a resident of this State, unless the person’s name and address was forwarded to the Division of Motor Vehicles under § 709(j) of this title, in which case the provisions of § 709(j) of this title shall apply.

(2) May suspend the driving privileges in this State of a nonresident of 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 proof is provided that the person has paid the civil penalty, costs, or both, has appeared in court following a default in appearance or payment and made arrangements to pay the civil penalty, costs, or both, or has had a default judgment vacated and been found not responsible.
21 Del. C. § 4177M — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177M
§ Â
        4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs.
Status: in_force

(a) No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person’s blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be guilty of an unclassified misdemeanor, and shall be subject to the provisions of Chapter 26 of this title. Prosecution under this section does not preclude prosecution under any other section of the Code. “Alcohol concentration of .04 or more” shall mean:

(1) An amount of alcohol in a sample of a person’s blood equivalent to .04 or more grams of alcohol per 100 milliliters of blood; or,

(2) An amount of alcohol in a sample of a person’s breath equivalent to .04 or more grams per 210 liters of breath.

(b) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.
21 Del. C. § 4168 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4168
§ Â
        4168. General speed restrictions.
Status: in_force

(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care.

(b) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
21 Del. C. § 2625 — Delaware Code / Title 21 / Chapter 26 / Section 2625
§ Â
        2625. Masking violations.
Status: in_force

The State shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL/CLP holder’s and CMV driver’s conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in this State or another state.
21 Del. C. § 2121A — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2121A
§ Â
        2121A. Special license plates for members of Delaware firefighters, auxiliary, and volunteer ambulance or rescue companies within the Delaware Firefighterâs Association.
Status: repealed

(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for the assignment to that vehicle of a special Delaware firefighter number; provided however, the owner of the vehicle has official documentation which indicates such person is a bona fide member of or holds membership with a Delaware-based fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company belonging to any county firefighter’s association or the Delaware State Firefighter’s Association of the State of Delaware.

(2) This section applies only to:

a. A private passenger vehicle;

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

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

(b) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administration fee.

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

(d) [Repealed.]

(e) The Department shall reserve sufficient license plates including appropriate letters and numbers consecutively beginning with the number 1 as are required for this section.

(f) The Department, upon receipt of any official correspondence from the organization advising that the individual to which a special plate has been issued is no longer affiliated with such organization said special plate shall be forfeited and/or revoked immediately.
21 Del. C. § 4116 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4116
§ Â
        4116. Overtaking a vehicle or bicycle on the left.
Status: in_force

The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

(1) On a roadway with at least 2 travel lanes proceeding in the same direction and if a travel lane proceeding in the same direction exists to the left, the driver of the overtaking vehicle shall, yielding the right-of-way and proceeding with caution, move completely into the lane to the left before passing.

(2) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is too narrow for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle, the driver of the overtaking vehicle shall move completely into the lane to the left before passing. The driver of the overtaking vehicle shall only make this movement if it can be accomplished while obeying the limitations described in §§ 4118 through 4120 of this title.

(3) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is both wide enough for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle and where the vehicle or bicycle to be overtaken is also positioned in the right part of the lane leaving sufficient space for safe passing within the travel lane, the driver of the overtaking vehicle shall:

a. Reduce speed while passing in order to lessen the speed differential between the overtaking vehicle and the overtaken vehicle or bicycle;

b. Pass to the left of the overtaken vehicle or bicycle at a reasonable and prudent distance, which shall in any case never be less than 3 feet; and

c. Return to a normal position in the travel lane only when safely clear of the overtaken vehicle or bicycle.

(4) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle or operator of an overtaken bicycle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the vehicle or bicycle until completely passed by the overtaking vehicle.

(5) A person who violates this section by driving below the posted speed limit in the left lane of a multilane roadway when it impedes the ability of 1 or more vehicles to pass, except when such person is making a legal left turn or otherwise lawfully exiting the road to the left, shall be penalized as provided in § 4205 of this title.
21 Del. C. § 4133 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4133
§ Â
        4133. Vehicle entering roadway.
Status: in_force

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
21 Del. C. § 6833 — Delaware Code / Title 21 / Chapter 68 / Section 6833
§ Â
        6833. Conflicts with other statutes.
Status: in_force

Should any provision of this chapter conflict with other statutes, the provisions or requirements of this chapter shall apply.
21 Del. C. § 2709 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2709
§ Â
        2709. Out-of-state school bus drivers; qualifications.
Status: in_force

(a) Out-of-state school bus drivers shall meet the requirements of their home state for driving a school bus and supplemental Delaware Department of Education training as determined by the Department of Education.

(b) Out-of-state school bus drivers shall provide a Delaware Department of Education physical examination certification indicating a valid and approved Delaware Department of Education physical exam completed within the last year.

(c) Out-of-state school bus drivers shall upon first employment provide to their supervisor a current copy of their home state driving record. The driver’s supervisors shall maintain on file a current copy of their state driving record. These records will be annually reviewed using the same qualification criteria as found in § 2708 of this title.

(1) An out-of-state school bus driver shall:

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

b. Inform the bus driver’s supervisor any time the bus driver’s license is suspended or revoked.

(2) The supervisor of an out-of-state school bus driver shall:

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

b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2708 of this title.
21 Del. C. § 2734 — Delaware Code / Title 21 / Chapter 27 / Subchapter II / Section 2734
§ Â
        2734. Appeal.
Status: in_force

Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal shall not operate as a stay. An appeal of a suspension of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.
21 Del. C. § 2154 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2154
§ Â
        2154. Special number plates for towed stock cars and other motor vehicles.
Status: repealed

(a) An owner of a stock car of the type used for racing may apply to the Department, upon appropriate forms provided by the Department, for a special plate which shall be displayed on the stock car when it is being towed upon the highways.

(b) A person whose business involves towing motor vehicles upon the highways may apply to the Department, upon appropriate forms provided by the Department, for a special plate or plates, which shall be displayed on motor vehicle(s) when being towed upon the highways by such person in the course of such person’s business.

(c) Special plates issued pursuant to this section shall not be displayed on trailers, construction vehicles or vehicles being operated under their own power.

(d) Special plates issued pursuant to this section shall contain the words “towed vehicle” which shall distinguish them from other plates issued under this chapter.

(e) Special plates issued pursuant to this section shall not be assigned to a particular vehicle and may be used by the applicant on any towed vehicle except those vehicles excluded under subsection (c) of this section.

(f) The fee for each special plate issued pursuant to this section is $10 per year. The plate may be originally issued or renewed for 1 or 2 years, and shall expire at midnight on December 31 of the year of expiration.

(g) [Repealed.]
21 Del. C. § 2130 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2130
§ Â
        2130. Issuance of temporary plates by dealers and certified automotive repair technicians; information to be placed on plates; records to be maintained.
Status: in_force

(a) A dealer may issue a temporary registration plate for a fee of not more than $20 for each plate to a purchaser of an unregistered motor vehicle who makes proper application to the Department for registration thereof upon an appropriate form and delivers such application, together with the required fee, to the dealer for transmission to the Department.

(b) A dealer who issues a temporary registration plate shall mark or stamp thereon with indelible ink in letters at least 3/4 of an inch high the dates of issuance and expiration and the make and serial number of the vehicle for which issued and shall immediately transmit to the Department upon forms prescribed and furnished by the Department the aforesaid information and the name of the purchaser. Motorcycle temporary plates may be stamped or marked in letters less than 3/4 of an inch high.

(c) Every dealer who receives temporary plates from the Department shall maintain at such dealer’s place of business a record of all such plates issued to such dealer and of all such plates issued by such dealer, with the dates of receipt and issuance, the name of the purchaser to whom issued, the make and serial number of the vehicle for which issued and such other information as the Department may require. Each such record shall be kept for a period of at least 3 years from the date of entry and shall be available for inspection by representatives of the Department or police officers during regular business hours.

(d) A certified repair technician may issue a temporary registration plate for a fee of not more than $10 for each plate to a customer’s unregistered motor vehicle.

(e) Liability insurance in the form of a shopkeeper’s or garage-keeper’s policy shall be in effect prior to the issuance of a temporary registration plate.

(f) A certified repair technician who issues a temporary registration plate shall mark or stamp thereon with indelible ink in letters at least 3/4 of an inch high the dates of issuance and expiration and the make and serial number of the vehicle for which issued and shall immediately transmit to the Department upon forms prescribed and furnished by the Department the aforesaid information and the name of the business name that employs the certified repair technician. Motorcycle temporary plates may be stamped or marked in letters less than 3/4 of an inch high.

(g) Every certified repair technician who receives temporary plates from the Department shall maintain at such certified repair technician’s place of business a record of all such plates issued to such certified repair technician and of all such plates issued by such certified repair technician, with the dates of receipt and issuance, the name of the customer to whom issued, the make and serial number of the vehicle for which issued and such other information as the Department may require. Each such record shall be kept for a period of at least 3 years from the date of entry and shall be available for inspection by representatives of the Department or police officers during regular business hours.
21 Del. C. § 4128 — Delaware Code / Title 21 / Chapter 41 / Subchapter III-A / Section 4128
§ Â
        4128. Delaware Memorial Bridge; toll evasion; payment of minimum fine before trial.
Status: in_force

(a) No vehicle shall use any part of the Delaware Memorial Bridge, except upon payment of such tolls as may from time to time be prescribed by the Delaware River and Bay Authority.

(b) No person shall refuse to pay, evade or attempt to evade the payment of any such toll. Any such violation regarding the payment of tolls shall be an unclassified misdemeanor, and shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days, or both.

(c) Any person convicted under this section shall have the right of appeal as set forth in § 708 of this title.

(d) In the event of an arrest for a violation of this section, the person arrested shall be taken before a justice of the peace whose regular office is nearest to the place where such person was arrested. The person so arrested may elect to have the case tried and determined in the Court of Common Pleas and shall be advised of this privilege as set forth in § 5901 of Title 11.

(e) Any peace officer may stop and arrest, with or without a warrant, any person abroad who the police officer has reasonable grounds to suspect is committing, has committed or is attempting to commit a violation of this section.

(f) Any person arrested for violations of this section shall have the right to appear before the committing justice of the peace on or before the date and time set for trial and pay the minimum fine for each such offense or to mail the minimum fine to the committing justice of the peace provided that such remittance is mailed at least 2 days before the date set for trial. Court costs shall not be assessed if the fine is paid pursuant to this subsection, any statute or court rule of this State notwithstanding. The Court shall mail a receipt indicating the payment of a fine pursuant to this subsection if the person paying such fine makes a written request for a receipt and encloses a self-addressed envelope with postage affixed thereon.

(g) If any vehicle is witnessed by a police officer, toll collector or video surveillance device to be in violation of subsection (b) of this section and the identity of the operator is not apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed the violation.

(h) Any person who commits an act of offensive touching against a toll collector who is on duty, presents payment in the form of obviously unsanitary United States currency, or commits any act knowing that such act is likely to cause offense or alarm to a toll collector on duty is guilty of an unclassified misdemeanor.
21 Del. C. § 4174 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4174
§ Â
        4174. Complaint and summons in speed violations.
Status: in_force

In every charge of violation of any speed regulation in this chapter, except §§ 4168 and 4172 of this title, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum or minimum speed applicable at the location.
21 Del. C. § 2315 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2315
§ Â
        2315. False statements; penalty.
Status: in_force

Whoever knowingly makes any false statement in any application or other document required by the terms of this chapter shall be guilty of an unclassified misdemeanor, and shall be fined not less than $100 nor more than $1,000, or imprisoned not less than 60 days nor more than 1 year, or both.
21 Del. C. § 2606 — Delaware Code / Title 21 / Chapter 26 / Section 2606
§ Â
        2606. Employer responsibilities.
Status: in_force

(a) Each employer must require the applicant to provide the information specified in § 2605(c) of this title.

(b) No employer may allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:

(1) In which the driver has had a CDL/CLP suspended, revoked, or cancelled by any state, is currently disqualified from driving a commercial vehicle, or has been issued an out of service order in any state; or

(2) In which the driver has more than 1 driver license.

(3) In which the driver does not have a CDL/CLP for the type vehicle the employer requires the driver to drive.

(c) No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossing violations.

(d) No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of an out-of-service order.
21 Del. C. § 4124 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4124
§ Â
        4124. Driving on divided highways.
Status: in_force

Whenever any highway has been divided into 2 or more roads by an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand road unless directed or permitted to use another road by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority. The driver of a vehicle may turn left across a paved dividing space unless prohibited by an official traffic-control device.
21 Del. C. § 2806 — Delaware Code / Title 21 / Chapter 28 / Section 2806
§ Â
        2806. Hearing; procedure.
Status: in_force

The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence available to it, determine the issue, the Court may require of the Department certified copies of such records respecting the matter as it may have in its possession. If, upon an examination of such records, the Court is still unable to make such determination it shall certify the decision of such issue to the Court in which such conviction was reportedly made. The Court to which such certification is made shall forthwith conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the Court of Common Pleas. The Court, at its discretion, may rely upon certified copies of convictions adjudged by courts outside of this State or federal courts or may request such a court to make a determination.
21 Del. C. § 2334 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2334
§ Â
        2334. Uniform Commercial Code â Requirements applicable to security interest in inventory of motor vehicles.
Status: in_force

This title does not apply to the creation or perfection of a security interest in a motor vehicle held by the debtor as inventory held for sale. The validity and effect of such security interest shall be governed by Article 9 of Subtitle I of Title 6 (Uniform Commercial Code).
21 Del. C. § 2619 — Delaware Code / Title 21 / Chapter 26 / Section 2619
§ Â
        2619. Reciprocity.
Status: in_force

(a) Notwithstanding any law to the contrary, a resident of another state who is issued a CDL/CLP or non-domiciled CDL/CLP issued by that state, or by the Canadian Provinces and Territories in conformity with the Canadian National Safety Code, or a Licencia Federal de Conductor issued by the United Mexican States, may drive a commercial motor vehicle in this State if the person has a valid CDL/CLP, or valid non-domiciled CDL/CLP issued by those jurisdictions in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person is not suspended, revoked or canceled, and if the person is not disqualified from driving a commercial motor vehicle, or subject to an “out-of-service” order. A driver holding a commercial driver license issued under the Canadian National Safety Code or Licencia Federal de Conductor issued by Mexico is prohibited from obtaining non-domiciled CDL/CLP or any type of Delaware driver license unless the driver becomes a resident of this State and surrenders all driver licenses issued by Canada or Mexico.

(b) The Division of Motor Vehicles must give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this chapter as if they occurred in this State.
21 Del. C. § 423 — Delaware Code / Title 21 / Chapter 4 / Subchapter III / Section 423
§ Â
        423. Minimum provisions for reciprocity agreements.
Status: in_force

When an away agency certifies with supporting evidence that the operator of a motor vehicle registered in this State either owes a toll(s) or failed to pay a toll, the Department may collect the civil penalties and tolls properly imposed by the away agency as though those penalties and tolls were imposed by the Department if the reciprocity agreement confirms that:

(1) The away agency has its own effective reciprocal procedures for collecting penalties and tolls collected by the Department and does, in fact, reciprocate in collecting penalties and tolls of the Department by employing sanctions that include denial of a person’s right to register or reregister a motor vehicle;

(2) The away agency provides due process and appeal protections to avoid the likelihood that a false, mistaken, or unjustified claim will be pursued against an owner;

(3) An owner of a motor vehicle registered in Delaware may present evidence to the away agency by mail, telephone, electronic means, or other means to invoke rights of due process, without having to appear personally in the jurisdiction where the violation is alleged to have occurred; and

(4) The reciprocal collection agreement between the Department and the away agency provides that each party may charge the other a fee sufficient to cover the costs of the collection services, including costs incurred by the agency that registers motor vehicles.
21 Del. C. § 4177L — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177L
§ Â
        4177L. Driving by persons under the age of 21 after consumption of alcohol; penalties.
Status: in_force

(a) Whoever, being under the age of 21 years, drives, operates or has actual physical control of a vehicle, an off-highway vehicle or a moped while consuming or after having consumed alcoholic liquor shall have that person’s driver’s license and/or privileges revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver’s license and/or privileges, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense.

(b) In any proceeding under this section, evidence may be admitted of the amount of alcohol in the blood or breath of such underage person as determined by a specimen taken within 4 hours of the time when such person is alleged to have driven, operated or been in control of a vehicle after having consumed alcoholic liquor as shown by an analysis of that person’s breath, blood, urine, or saliva. Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person’s blood or breath is per se evidence that the person had consumed alcoholic liquor. “Alcohol concentration of .02 or more in that person’s blood or breath” shall mean (1) an amount of alcohol in a sample of a person’s blood equivalent to .02 or more grams of alcohol per hundred milliliters of blood; or (2) an amount of alcohol in a sample of a person’s breath equivalent to .02 or more grams per 210 liters of breath. This provision shall not preclude a conviction based upon other admissible evidence.

(c) In addition to any other powers of arrest, any police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer.

(d) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.
21 Del. C. § 2814 — Delaware Code / Title 21 / Chapter 28 / Section 2814
§ Â
        2814. Additional penalty when convicted of an offense which would render an individual an habitual offender.
Status: in_force

If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this chapter, the person shall, in addition to the penalty otherwise prescribed by law for such offense, be fined not less than $115 nor more than $1,150 and confined in jail not less than 30 days nor more than 12 months, provided, that no such sentence shall be executed until the individual is finally adjudged an habitual offender.
21 Del. C. § 4358 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4358
§ Â
        4358. Penalties.
Status: in_force

Whoever violates this subchapter shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100. A violation of § 4333, § 4334, § 4336, § 4337, or § 4351 of this title may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
21 Del. C. § 2701 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Driving without a license; penalties.
Status: in_force

(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements.

(1) Those students enrolled in an approved Delaware Department of Education driver education course can drive without a learner’s permit when under the supervision of a certified driver education teacher.

(2) Failure to adhere to the Level 1 Learner’s Permit restrictions under § 2710(c) of this title or temporary instruction permit restrictions under § 2712(a) of this title constitutes a violation of this section. Those motor vehicle operators holding a Level 1 Learner’s Permit or temporary instruction permit who violate this section will be suspended for 2 months for the first offense and 4 months for any subsequent offenses.

(b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title.

(c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not been duly licensed.

(d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State.

(e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both.

(f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $100.
21 Del. C. § 6308 — Delaware Code / Title 21 / Chapter 63 / Section 6308
§ Â
        6308. Auctions.
Status: in_force

(a) Each person who conducts auctions of vehicles shall keep a record of each of the following:

(1) The name and address of the consignor or seller;

(2) The date on which the vehicle was consigned;

(3) The year, make, model and vehicle identification number of each vehicle consigned;

(4) The title number and State where the vehicle was last registered;

(5) The odometer mileage reading at the time of consignment;

(6) The name and address of the person to whom the vehicle was sold;

(7) The buyer’s driver’s license number and state which issued the license;

(8) The selling price; and

(9) The date of sale.

(b) During business hours, auction records shall be open for inspection by Division of Motor Vehicle officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties.

(c) Auction sales must be performed at the approved auction location.

(d) All records required by this section shall be maintained for 5 years after the sale of the vehicle to which such records apply.

(e) Auctions are authorized to issue 30-day temporary license plates under § 2130 of this title to allow vehicles to be removed from the auction lot. The temporary plates shall only be issued to individuals with a valid driver’s license. The auction shall witness and record proof of any legally required liability insurance on a vehicle prior to the issuance of the temporary license plate.
21 Del. C. § 805 — Delaware Code / Title 21 / Chapter 8 / Section 805
§ Â
        805. Payment of penalties and costs.
Status: in_force

(a) Payment of penalties and costs. — Upon being found responsible for a civil traffic offense, all the costs shall be paid by the party found responsible.

(b) The videophone assessment provided for in § 4101(d) of Title 11 shall not be assessed.

(c) The victim’s compensation penalty assessment provided for in § 9016 of Title 11 shall not be assessed.

(d) Court costs shall be governed by Justice of the Peace Court rule, consistent with § 9801 of Title 10.

(e) Immediately upon imposition by a court of a civil penalty or costs or both, including a default judgment, the same shall be a judgment against the person found responsible for the full amount of the penalty or costs or both. If not paid promptly upon its imposition or in accordance with the terms of the order of the court, the clerk shall, upon motion, cause the judgment to be transferred to the civil judgment docket whence it may be executed and enforced or transferred in the same manner as other judgments of the court; provided, however, that where a stay of execution is otherwise permitted by law such a stay shall not be granted as a matter of right but only within the discretion of the court.

(f) Any governmental entity to whom civil penalties or costs are payable pursuant to subsection (j) of this section or any other provision of law may pursue execution on such judgment.

(g) Upon any reversal of a finding of responsibility, the State Treasurer shall remit to each person, or to the attorney of such person, any civil penalty or costs or both which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower court, as provided in § 4103 of Title 11 for fines.

(h) When a court imposes a civil penalty, costs or both, the court may direct that the defendant pay the entire amount at the time of imposition or may direct that the defendant pay a specified portion of the civil penalty, or costs, or both at designated periodic intervals. The Court may order the defendant to participate in work referral until the civil penalties and costs are paid. Failure to participate in court-ordered work referral shall not result in contempt of court. Failure to participate in court-ordered work referral may result in the transfer of the judgment to the Office of State Court Collections Enforcement to be collected according to § 4104 of Title 11.

(i) For purposes of ensuring the payment of civil penalties and costs and the enforcement of any orders imposed, the court shall retain jurisdiction over the person found responsible for a civil traffic offense until any civil penalty or costs imposed are paid in full. The court may discharge the civil penalty and costs of any person found responsible when the court receives evidence that such person is deceased.

(j) The provisions of § 706 of this title shall be applicable to the disposition of amounts collected for civil penalties and related costs.
21 Del. C. § 4507 — Delaware Code / Title 21 / Chapter 45 / Section 4507
§ Â
        4507. Weighing equipment and procedures.
Status: in_force

(a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement this section and to select such equipment as may be necessary for law-enforcement weighing purposes.

(b) Equipment used for law-enforcement weighing may include, but is not limited to, the following:

(1) “Vehicle scale”;

(2) “Axle load scale”;

(3) “Wheel load weigher”.

(c) The tolerance or permissible error from true value for weighing devices utilized for law-enforcement purposes shall be those which have been adopted by the Division of Standards and Inspection of the State Department of Agriculture.

(d) Vehicle weights may be determined by either of the methods defined as follows:

(1) “Single draft weighting”;

(2) “Multiple draft weighting”.
21 Del. C. § 8301 — Delaware Code / Title 21 / Chapter 83 / Section 8301
§ Â
        8301. Definitions.
Status: in_force

As used in this chapter:

(1) “Commercial driver training school” or “school” means a business enterprise conducted by a person for the education and training of persons, either practically or theoretically, or both, to operate motor vehicles or to prepare an applicant for an examination given by the State for a driver’s license or learner’s permit and charging a consideration or tuition for such services.

(2) “Instructor” means any person, whether acting as operator of a commercial driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to or supervises practice of persons learning to operate or drive motor vehicles or preparing to take an examination for a driver’s license or learner’s permit, and any person who supervises the work of any other such instructor.
21 Del. C. § 4198L — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198L
§ Â
        4198L. Exemption for bicycle-mounted police officers.
Status: in_force

Bicycle-mounted police officers, while responding to an emergency or during the pursuit of an actual or suspected violator of the law, are exempt from the obligations under this subchapter.
21 Del. C. § 4154 — Delaware Code / Title 21 / Chapter 41 / Subchapter VI / Section 4154
§ Â
        4154. Starting parked vehicles.
Status: in_force

No person shall cause a vehicle to be moved which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
21 Del. C. § 2713 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2713
§ Â
        2713. Examination of applicants; waiver of examination.
Status: in_force

(a) The Department shall examine every applicant for an operator’s license before issuing any such license, except as otherwise provided in subsections (b) and (c) of this section. The Department shall examine the applicant as to the applicant’s physical and mental abilities to operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist that would bar the issuance of a license under this chapter. Such examination may not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter.

(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator’s license issued under this chapter.

(c) The Department may in its discretion issue an operator’s license under this chapter without examination to every person applying therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators.

(d) Written and road skill examinations for students duly enrolled in a driver education course, including students who are receiving special education services under an active Individualized Education Program until the age of 22, will be administered by driver education teachers certified by the Delaware Department of Education. Upon successful completion of the driver education course, the certified teacher must issue a “High School Driver Education Certificate” which will be accepted in lieu of the written and road skill examinations administered by the Division for a period of 6 months from the date of issue. No further testing by the Division is required unless the High School Driver Education Certificate has expired; in such event, full testing is required. Students identified in § 2710(b)(2) of this title as persons with a disability requiring specialized training shall be examined by the Division. All persons under age 18 who transfer their out-of-state license for a Delaware license must be given a written and road test by the Division. Any person who is suspended while operating a motor vehicle on a Level 1 Learner’s Permit, Driver Education Learner’s Permit or temporary instruction permit will be re-examined before reinstatement. Notwithstanding the preceding, the Division must administer written and road skills tests to applicants who are 18 years of age or older, except as otherwise provided in subsections (b) and (c) of this section.

(e) (1) In examining an application as required under subsection (a) of this section, the Department shall also examine an applicant regarding the applicant’s knowledge related to traffic stops by a law-enforcement officer, including all of the following:

a. An individual’s constitutional and other legal rights during a traffic stop, including rights related to searches and seizures, to remain silent, and to an attorney.

b. Laws regarding questioning and detention by a law-enforcement officer, including any laws requiring an individual to present proof of identity to a law-enforcement officer and the consequences for an individual’s or officer’s failure to comply with those laws.

c. The role of a law-enforcement officer in general and during a traffic stop and the procedures a law-enforcement officer must follow during a traffic stop.

d. How to interact with a law-enforcement officer during a traffic stop.

e. How and where to file a complaint against or compliment on behalf of a law-enforcement officer.

(2) The Department shall include in its examination of an applicant at least 2 questions to test an applicant’s knowledge related to traffic stops by a law-enforcement officer.

(3) The Department of Education, the Department, the Department of Justice, and the Office of Defense Services shall collaborate to produce information to educate an applicant related to traffic stops by a law–enforcement officer, and may consult with any interested parties from the public safety and transportation communities to produce this information.

a. The information under this paragraph (e)(3) must include the topics contained in paragraph (e)(1) of this section.

b. The information produced under this paragraph (e)(3) may not be construed as legal advice in contravention of § 2504(2) or § 2515 of Title 29 and of § 4602 or § 4604 of Title 29.

(4) The Department shall include the information produced under paragraph (e)(3) of this section in any document designed to educate an applicant on the rules for driving a motor vehicle in this State.
21 Del. C. § 8612 — Delaware Code / Title 21 / Chapter 86 / Section 8612
§ Â
        8612. Responsibility for equipment.
Status: in_force

A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.
21 Del. C. § 3213 — Delaware Code / Title 21 / Chapter 32 / Section 3213
§ Â
        3213. Exoneration of agent.
Status: in_force

A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:

(1) Relieves the agent of liability for breach of duty committed in bad faith or with reckless indifference to the purposes of the personal power of attorney or the best interest of the principal; or

(2) Was inserted as a result of undue influence upon the principal.
21 Del. C. § 4198J — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198J
§ Â
        4198J. Bicycling on highways under influence of drugs or alcohol.
Status: in_force

(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard.

(b) Whoever is convicted of a violation of subsection (a) of this section shall, for the first offense be fined not less than $150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within 2 years of the prior offense.

(c) No violation of this section shall be entered on a driver’s motor vehicle record.
21 Del. C. § 4122 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4122
§ Â
        4122. Driving on roadways laned for traffic.
Status: in_force

Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into 3 lanes for 2-way traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of oncoming traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively by traffic-control devices to traffic moving in the direction the vehicle is proceeding.

(3) Traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such traffic-control device.

(4) Traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
21 Del. C. § 2712 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2712
§ Â
        2712. Application for temporary instruction permits and Class D operatorâs license for persons age 18 or older.
Status: in_force

(a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the applicant to drive during a 12-month period only when the applicant is accompanied by a licensed operator over the age of 21 who is actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle.

(b) If for any reason the applicant fails to pass the required examination during the 12-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited.

(c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical road skills examination before being issued a Class D operator’s license. Eye screening and medical examinations will be administered in accordance with Division policies.

(d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title.

(e) Applicants who are receiving special education services under an active Individualized Education Program may waive the provisions of this section and obtain a Class D operator’s license if the person meets the requirements of § 2710(d) of this title.

(f) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.
21 Del. C. § 6305 — Delaware Code / Title 21 / Chapter 63 / Section 6305
§ Â
        6305. Bill of sale.
Status: in_force

Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange. The bill of sale shall be signed by both buyer and seller. A bill of sale shall include the following:

(1) The name and address of the person to whom the vehicle was sold or traded;

(2) The date of the sale or trade;

(3) The name and address of the motor vehicle dealer selling or trading the vehicle;

(4) The make, model, year, vehicle identification number and body style of the vehicle;

(5) The sale price of the vehicle;

(6) The amount of any deposit made by the buyer;

(7) A description of any Delaware titled vehicle used as a trade-in and the amount credited the buyer for the trade-in;

(8) The amount of the document fee, title fee, registration fee or any other fee for which the buyer is responsible and the dealer has collected; each fee shall be individually listed and identified; and

(9) The amount of any balance due at settlement.
21 Del. C. § 2140B — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140B
§ Â
        2140B. Special license plates for Delaware sport fishing license plates.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle 1 of 2 special Delaware sport fishing license plates either a freshwater design or a saltwater design registration.

(b) This section applies only to:

(1) A private passenger vehicle; or

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

(c) Upon the initial application for either of these plates to be issued pursuant to this section, a 1-time fee of $95, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.

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

(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 the Division of Motor Vehicles, The Delaware Advisory Council of Recreational Fishing Funding and the Division of Fish and Wildlife. 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 and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, the mission of promoting both saltwater and freshwater fishing in the State. The committee may, at its discretion, drop the wording “The First State” and substitute in place thereof a slogan related to recreational fishing. The committee may change the species design of fish on both the saltwater and freshwater license plate every 3 to 5 years as deemed needed by both the Delaware Advisory Council on Recreational Fishing Funding and the Division of Fish and Wildlife. 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 by the State from that portion of the 1-time fee of $95 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section shall be deposited in the State Treasury and credited to a special fund account to be known as the “Delaware Recreational Fishing Enhancement Fund” and transferred to The Division of Fish and Wildlife quarterly in a manner deemed appropriate by the State Treasurer. The funds shall be used by the Division of Fish and Wildlife with advisory recommendations by the Delaware Advisory Council on Recreational Fishing Funding in support of its mission to enhance the pleasure of recreational saltwater and freshwater fishing in the State.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 6820 — Delaware Code / Title 21 / Chapter 68 / Section 6820
§ Â
        6820. Operation of OHVs â Without spark arrestor type muffler.
Status: in_force

(a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order and in constant operation, from which noise emission under 60% of the maximum RPM, measured at 50 feet at right angles from the vehicle path on a constant speed pass, by measurement does not exceed 88 DBA on a sound level meter which meets the requirements of ANSI-514197, using procedure and ancillary equipment therein described. During the test procedure, the ambient sound including wind effects due to sources other than the OHV being measured shall be at least 10 DBA lower than the anticipated level of the test OHV. A vehicle subject to this chapter, manufactured or assembled after January 1, 1978, and used, sold or offered for sale in this State shall conform to the noise emission levels of this chapter unless preempted by federal E.P.A. legislation.

(b) Competition vehicles shall be exempted from this section only while in competition.
21 Del. C. § 2508 — Delaware Code / Title 21 / Chapter 25 / Section 2508
§ Â
        2508. Fee to transfer title [For applicability of this section, see 80 Del. Laws, c. 77, Ââ23].
Status: in_force

The fee for transferring title to a vehicle shall be $35. A $35 penalty fee shall be charged for the issuance of a new certificate of title on a Delaware titled vehicle when the application is received more than 30 days after the transfer date of said vehicle. The penalty fee shall be waived if the Director has granted an extension of time within which to apply for a certificate of title in accordance with § 2503(a) of this title.
21 Del. C. § 2971 — Delaware Code / Title 21 / Chapter 29 / Subchapter IV / Section 2971
§ Â
        2971. Penalties.
Status: in_force

(a) A person whose license or nonresident’s operating privilege suspended or revoked under this chapter drives during such suspension or revocation any motor vehicle upon any highway, except as permitted under this chapter, shall be fined not more than $575, or imprisoned not more than 6 months or both.

(b) Whoever wilfully fails to return the license as required in § 2972 of this title shall be fined not more than $575, or imprisoned not more than 30 days or both.

(c) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $575, or imprisoned not more than 90 days or both.
21 Del. C. § 422 — Delaware Code / Title 21 / Chapter 4 / Subchapter III / Section 422
§ Â
        422. Authority to enter in reciprocity agreements with toll agencies and motor vehicle agencies for toll interoperability and collection of tolls and penalties.
Status: in_force

The Secretary may enter into reciprocal agreements with duly authorized representatives of other agencies, authorities or jurisdictions, including without limitation entities operating pursuant to compacts authorized by Acts of the Congress of the United States, that impose tolls, charges, and related penalties on motor vehicles, in accordance with this subchapter for the purpose of toll interoperability and the collection of tolls, penalties and charges in connection therewith. For purposes of this subchapter, such agencies, authorities and jurisdictions shall be referred as “away agencies.”
21 Del. C. § 2131 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2131
§ Â
        2131. Effect and duration of temporary registration plates; destruction upon expiration; use of temporary tag system.
Status: in_force

(a) (1) A temporary registration plate properly issued to an owner or purchaser of a vehicle in accordance with § 2129 or § 2130 of this title shall be valid and shall entitle said owner or purchaser to operate the vehicle for which issued upon the public highways for a period of 90 days from the date of issuance or until the issuance of a permanent registration plate or until the cancellation or rescission of the contract of purchase, whichever occurs first.

(2) A temporary registration plate properly issued by a certified repair technician to a customer’s expired vehicle for the purpose of verifying repairs in accordance with § 2129 or § 2130 of this title shall be valid and shall entitle said certified repair technician to operate the vehicle for which issued upon the public highways for a period of not more than 60 days from the date of issuance.

(b) Upon the expiration of a temporary registration plate the holder thereof shall immediately destroy the same.

(c) A temporary registration plate properly issued to an owner or purchaser of a vehicle under § 2129 or § 2130 of this title must use a temporary tag system, approved by the Department of Motor Vehicles, unless the Division of Motor Vehicles has determined that a motor vehicle dealer or other authorized temporary tag issuer is not permitted to use the temporary tag system, and must purchase plates from the Division of Motor Vehicles pursuant to § 2129(b) of this title.
21 Del. C. § 4198 — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198
§ Â
        4198. Left turns.
Status: in_force

(a) A person operating a bicycle intending to turn left shall follow a course described in § 4152 of this title or in subsection (b) of this section.

(b) A person operating a bicycle intending to turn left shall:

(1) Enter the intersection as close as practical to the right edge of the roadway; and

(2) Proceed across the intersecting roadway; and

(3) If possible, exit the travel lane and stop or, if not possible to exit the travel lane, stop as much as practical out of the way of traffic; and

(4) Yielding to any traffic proceeding in either direction along the roadway the bicyclist has been using and complying with any official traffic-control device or police officer regulating traffic on the roadway on which the bicyclist intends to proceed, proceed in the new direction.

(c) Notwithstanding subsections (a) and (b) of this section, the Department or local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required by such devices.
21 Del. C. § 4140 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4140
§ Â
        4140. Certain offenses not entered on motor vehicle record.
Status: in_force

Arrests and or convictions for offenses in §§ 4141, 4143, 4145-4150 of this title shall not be entered on a driver’s motor vehicle record.
21 Del. C. § 4198Q — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198Q
§ Â
        4198Q. Operation of low-speed motorized scooters.
Status: in_force

(a) Except as specifically provided in this section, a low-speed motorized scooter or an operator of a low-speed motorized scooter is afforded all the rights and privileges, and is subject to all the duties, of a bicycle or the operator of a bicycle.

(b) A low-speed motorized scooter or a person operating a low-speed motorized scooter 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, 2026, manufacturers and distributors of low-speed motorized scooters must apply a label that is permanently affixed, in a prominent location, to each low-speed motorized scooter. The label must contain the classification number, top assisted speed, and motor power of the low-speed motorized scooter, and must be printed in Arial font in at least 9-point type.

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

(e) A low-speed motorized scooter must comply with the equipment and manufacturing requirements for electrically operated toys or other electrically operated articles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1505).

(f) A low-speed motorized scooter 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 that has jurisdiction over a bicycle or multi-use path may prohibit the operation of a low-speed motorized scooter if the local authority or state agency 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 that 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 a low-speed motorized scooter on that trail.

(3) Sidewalks, including those permitted to be used by bicycles.

(g) All operators and passengers of a low-speed motorized scooter under the age of 18 years old 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.

(h) No low-speed motorized scooters may be operated as part of a rental service unless explicitly permitted by municipal ordinance or other regulation in a municipality.

(i) A person must be at least 14 years old to operate a low-speed motorized scooter.
21 Del. C. § 2927 — Delaware Code / Title 21 / Chapter 29 / Subchapter II / Section 2927
§ Â
        2927. Security required of nonresidents involved in accidents in this State.
Status: in_force

(a) Any nonresident of this State who is involved in any accident through the operation of a motor vehicle wherein there is a damage to property or person shall be liable to damages and shall be required to furnish sufficient security for the payment of damages sustained by any person, firm or corporation before the motor vehicle of the nonresident or the contents thereof are removed from out of the State.

(b) The security required under subsection (a) of this section shall be double the estimated amount of the damages as determined by any reputable automobile repair person of the State, and shall be posted with any justice of the peace in the State.
21 Del. C. § 4305 — Delaware Code / Title 21 / Chapter 43 / Subchapter I / Section 4305
§ Â
        4305. Brakes â Trailers and semitrailers.
Status: in_force

No trailer or semitrailer with a gross weight of load and vehicle in excess of 4,000 pounds shall be operated on the highways of this State at a speed in excess of 10 miles per hour unless equipped with suitable brakes controlled by the operator of the towing vehicle.
21 Del. C. § 3302 — Delaware Code / Title 21 / Chapter 33 / Section 3302
§ Â
        3302. Transporter location and business requirements.
Status: in_force

(a) Except as provided herein, a transporter license may not be issued to a vehicle transporter unless the transporter has an established place of business that is owned, rented, or leased by the transporter, and which meets the following criteria:

(1) A telephone number is listed in the name of the business.

(2) The Division of Revenue business license, any local or municipal business license, and the transporter license are kept at the business location, prominently displayed, and available for inspection by the Division of Motor Vehicles.

(3) The business maintains and has adequate storage to maintain any records required by the Division of Motor Vehicles. All records regarding the transportation of vehicles and records of transporter registration plates assigned to the transporter must be maintained in paper or electronic form on the premises of the licensed location. Any records required by the Division must be maintained for a minimum of 5 years.

(b) Every transporter must have in the transporter’s possession, prior to taking possession of a motor vehicle or mobile home for transport, a written agreement that confirms the transporter is contracted to pick up and deliver the motor vehicle or mobile home.

(c) During all posted business hours, the records of the transporter must be open to inspection by the Division, any police officer, or any duly authorized investigator at the Department of Justice while discharging their official duties.

(d) At least 30 days prior to changing the location of the transporter’s business, the transporter must notify the Division upon a form prescribed by the Division.
21 Del. C. § 2140S — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140S
§ Â
        2140S. United Way of Delaware Pride Council 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 United Way of Delaware Pride Council license plate. The Division shall issue the plate only if the Division 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 the 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 United Way of Delaware Pride Council’s Fund for use by the United Way of Delaware Pride Council to support its mission to organize community resources to improve the lives of lesbian, gay, bisexual, transgender, and questioning youth and adults in Delaware.

(f) The design for all plates issued under this section must be submitted by the United Way of Delaware Pride Council 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 “LGBTQ+ Pride”.

(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 regulations as required to administer this section.
21 Del. C. § 4408 — Delaware Code / Title 21 / Chapter 44 / Section 4408
§ Â
        4408. Immunity of police officers, Department of Safety and Homeland Security employees and garage persons towing or storing vehicles.
Status: in_force

No law-enforcement officer or agent or employee of the Department of Safety and Homeland Security, Department of Transportation, State Police or other legally authorized police agency or New Castle County Code Enforcement Constable acting under this chapter and no one who tows or stores a vehicle as a result of being directed to do so shall be liable to criminal prosecution arising from such action or be liable to any person for the injury, loss or destruction of any real or personal property which occurs in the course of the removal or storage of any vehicle taken into custody under this chapter.
21 Del. C. § 403 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 403
§ Â
        403. Base state registration reciprocity.
Status: in_force

An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may authorize the registration or licensing in another jurisdiction of vehicles located in or operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed in this State, and in such event the exemptions, benefits and privileges extended by such agreement, arrangement or declaration shall apply to such vehicles, when properly licensed or registered in such base jurisdiction.
21 Del. C. § 409 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 409
§ Â
        409. Reciprocity agreements in effect on May 5, 1964.
Status: in_force

All reciprocity registration or driver agreements, arrangements and declarations relating to vehicles or drivers in force and effect on May 5, 1964, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.
21 Del. C. § 2753 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2753
§ Â
        2753. Operation of vehicle by unlicensed minor.
Status: in_force

No person shall cause or knowingly permit any minor operator, unless such minor has first obtained a license, to drive a motor vehicle under this chapter.
21 Del. C. § 4511 — Delaware Code / Title 21 / Chapter 45 / Section 4511
§ Â
        4511. Removal of disabled or abandoned trucks and trailers from highways.
Status: in_force

A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter, tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers from highways to a point where such disabled or abandoned vehicle can be repaired or stored.
21 Del. C. § 2605 — Delaware Code / Title 21 / Chapter 26 / Section 2605
§ Â
        2605. Notification required by driver.
Status: in_force

(a) Notification of convictions. — (1) To State. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in this or any other state, other than parking violations, shall notify the Division of Motor Vehicles in the manner specified by the Division of Motor Vehicles within 30 days of the date of conviction.

(2) To Employers. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, must notify the person’s employer in writing of the conviction within 30 days of the date of conviction.

(b) Notification of suspensions, revocations and cancellations. — Each driver whose driver license is suspended, revoked, or canceled by any state, or who loses the privilege to drive a commercial motor vehicle in any state, for any period, including being disqualified from driving a commercial motor vehicle, or who has been issued an out of service order, must notify the person’s employer of that fact before the end of the business day following the day the driver received notice of that fact.

(c) Notification of previous employment. — (1) Each person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:

a. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;

b. The dates between which the applicant drove for each employer; and

c. The reason for leaving that employer.

(2) The applicant must certify that all information furnished is true and complete.

(3) An employer may require an applicant to provide additional information to substantiate the statements made in conjunction with this section.

(4) Before an application is submitted, the employer should inform the applicant that the information the applicant provides in accordance with this section may be used, and the applicant’s previous employers may be contacted for the purpose of investigating the applicant’s work history.
21 Del. C. § 3216 — Delaware Code / Title 21 / Chapter 32 / Section 3216
§ Â
        3216. Acceptance of and reliance upon acknowledged personal power of attorney.
Status: in_force

(a) For purposes of this section, “acknowledged” means purportedly verified before a notarial officer or contain an electronic signature acceptable to the Department.

(b) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the signature is not genuine may rely upon a presumption that the signature is genuine.

(c) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the personal power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the personal power of attorney as if the personal power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to accept an acknowledged personal power of attorney may request, and rely upon, without further investigation, an English translation, under oath of the translator, of the personal power of attorney if it contains, in whole or in part, language other than English.

(e) For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a personal power of attorney, a principal, or an agent if the employee conducting the transaction involving the personal power of attorney is without actual knowledge of the fact. Notification of revocation of a personal power of attorney by a principal or agent to an officer of a bank or other financial institution shall constitute actual notice to all employees.
21 Del. C. § 3205 — Delaware Code / Title 21 / Chapter 32 / Section 3205
§ Â
        3205. Execution of personal power of attorneyâ Validity; limited durable power of attorney; copies.
Status: in_force

(a) A personal power of attorney is validly executed if it complies with § 3204 of this title, unless such personal power of attorney provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such execution complies with the laws of such other jurisdiction.

(b) A limited durable power of attorney (other than a personal power of attorney) will be deemed to be validly executed under the laws of this State if, when the power of attorney was executed, the execution complied with:

(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or

(2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.

(c) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
21 Del. C. § 807 — Delaware Code / Title 21 / Chapter 8 / Section 807
§ Â
        807. Default judgment.
Status: in_force

If a defendant:

(1) Requests a hearing and fails to appear on a civil traffic charge; or

(2) Fails to either pay the voluntary assessment within the time specified on the notice or summons, or to notify the court or voluntary assessment center or applicable entity within the required time, that the defendant wishes to have a hearing on the charge,

a default judgment may be entered against the defendant. Such judgments may be vacated or enforced consistent with § 805(e) of this title.
21 Del. C. § 8502 — Delaware Code / Title 21 / Chapter 85 / Section 8502
§ Â
        8502. Definitions.
Status: in_force

(1) “Idling” means the operation of the locomotive while it is stationary.

(2) “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State, or of any county or municipality within this State, who is responsible for the prevention and detection of crime and the enforcement of the laws of this State, or the laws of any county or municipality within this State.

(3) “Person” means a company, corporation, association, firm, partnership, joint venture, or other legal entity. “Person” does not include individuals.
21 Del. C. § 4149 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4149
§ Â
        4149. Walking on highways under influence of drugs or liquor.
Status: in_force

No person shall walk or be upon a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders the person a hazard.
21 Del. C. § 6414 — Delaware Code / Title 21 / Chapter 64 / Section 6414
§ Â
        6414. Odometer disclosure statement retention.
Status: in_force

(a) Dealers and distributors of motor vehicles who are required by this chapter to execute an odometer disclosure statement shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer mileage statement which they issue and receive. All odometer disclosure statements shall be retained at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

(b) Lessors shall retain each odometer disclosure statement which they receive from a lessee for a period of 5 years following the date they transfer ownership of the leased vehicle. All odometer disclosure statements shall be retained at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

(c) Dealers and distributors of motor vehicles who are granted a power of attorney by their transferor pursuant to § 6410 of this title, or by their transferee pursuant to § 6411 of this title shall retain for 5 years a photostat, carbon or other facsimile copy of each power of attorney that they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
21 Del. C. § 7503 — Delaware Code / Title 21 / Chapter 75 / Section 7503
§ Â
        7503. Location requirements.
Status: in_force

A person may not be licensed to conduct an automotive recycler business under this chapter unless:

(1) The business is conducted from a building that is adequate and appropriate for automotive recycling as approved by the Division of Motor Vehicles;

(2) The business has a storage area for at least 25 vehicles, the area is properly fenced and screened and the automotive recycler has complied with all of the requirements of Chapter 12 of Title 17 and all rules and regulations adopted pursuant thereto;

(3) The location is properly zoned by the local zoning authority for the operation of an automotive recycler business;

(4) The business be at a fixed location, as specified in the license application; and

(5) There be a substantial and legible sign:

a. That advertises the type of business conducted at the location;

b. That is placed in a manner that is readily seen by the public; and

c. That is in conformance with all state and local regulations, laws and ordinances.
21 Del. C. § 2714 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2714
§ Â
        2714. Special examination.
Status: in_force

(a) As a prerequisite to the continuation of the operator’s right to drive on the highways, the Department shall cause a special examination to be made of every person involved in a second accident resulting in personal injury, death or property damage to an apparent extent of $250 within any 24-month period, when such person has been adjudged responsible for causing such accidents by a court of competent jurisdiction, to determine whether such person is a person with a physical or mental disability which prevents the safe operation of a vehicle.

(b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders or chief of police of any city, town or county in this State recommends for such examination.

(c) The Department may examine any person with mental or physical conditions which may interfere with safe operation of a motor vehicle when reported, in writing, to the Department by a physician, member of the immediate family, the court or other person acceptable to the Secretary of Transportation. This examination is to determine the person’s physical and mental abilities to operate a motor vehicle in such manner so as not to jeopardize the safety of person or property and whether any facts exist which would bar the continued issuance of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle safely or other facts declared to be prerequisite to the continued issuance of a license under this chapter. Evaluation requested per subsections (b) and (c) of this section are confidential records used to determine a driver’s ability to safely operate a motor vehicle and shall not be released except by court order.
21 Del. C. § 711 — Delaware Code / Title 21 / Chapter 7 / Section 711
§ Â
        711. Summons or citations in offenses involving injury.
Status: in_force

In any matter in which a violation of this title is alleged to involve physical injury to a person, other than the person charged with the violation, each summons or uniform traffic citation issued by the arresting or investigating officer in the matter shall include thereon a designation that it relates to injury-related offense.
21 Del. C. § 6410 — Delaware Code / Title 21 / Chapter 64 / Section 6410
§ Â
        6410. Disclosure of odometer information by power of attorney.
Status: in_force

(a) If the transferor’s title is physically held by a lienholder, or if the transferor to whom the title was issued by the State has lost the title and the transferee obtains a duplicate title on behalf of the transferor, and if otherwise permitted by State law, the transferor may give a power of attorney to the transferee for the purpose of mileage disclosure. The power of attorney shall be on a form issued by the State to the transferee that is set forth by means of a secure printing process or other secure process, and shall contain in part A, a space for the information required to be disclosed under subsections (b)-(e) of this section. If a state permits the use of a power of attorney in the situation described in § 6411(a) of this title, the form must also contain, in part B, a space for the information required to be disclosed under § 6411 of this title, and, in part C, a space for the certification required to be made under § 6412 of this title.

(b) In connection with the transfer of ownership of a motor vehicle, each transferor to whom a title was issued by the State whose title is physically held by a lienholder or whose title has been lost, and who elects to give the transferee a power of attorney for the purpose of mileage disclosure, must appoint the transferee as the transferor’s attorney-in-fact for the purpose of mileage disclosure and disclose the mileage on the power of attorney form issued by the State. This written disclosure must be signed by the transferor, including the printed name, and contain the following information:

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

(2) The date of transfer;

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

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

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

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

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

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

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

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

(e) The transferee shall sign the power of attorney form, print the transferee’s name, and return a copy of the power of attorney form to the transferor.

(f) Upon receipt of the transferor’s title, the transferee shall complete the space for mileage disclosure on the title exactly as the mileage was disclosed by the transferor on the power of attorney form to the state that issued it, with the application for new title and the transferor’s title. If the vehicle is sold out-of-state or reassigned to another dealer, a copy of the front and back of the title must be made after the dealership completes the disclosure. This copy of the title and § 1 of the odometer power of attorney must be returned to the Delaware Division of Motor Vehicles. If the mileage disclosed on the power of attorney form is lower than the mileage appearing on the title, the power of attorney is void and the dealer shall not complete the mileage disclosure on the title.
21 Del. C. § 2139R — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139R
§ Â
        2139R. Special license plates honoring Delaware veterans [For application of this section, see 85 Del. Laws, c. 137, Â 12].
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 assignment to that vehicle a special plate “Honoring Our Veterans”.

(b) This section applies only to:

(1) A private passenger vehicle; or

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

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $20, which includes an administrative fee of $10, 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 funds derived by this State from that portion of the 1-time fee of $20 that is not defined as an administrative fee pursuant to subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited with the Department of Veterans Affairs for its deposit in the Veterans Trust Fund.

(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Delaware Commission of Veterans Affairs. The license plate may also include words, a slogan or an emblem honoring Delaware veterans. The Commission may at its discretion drop the wording “The First State” and substitute in lieu thereof “Honoring Our Veterans”. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

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

(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 2139A — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139A
§ Â
        2139A. Special license plates for members of the Delaware National Guard and Reserves.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle of a special Delaware National Guard or Reserves number; provided, however, the owner of the vehicle must possess official documentation which indicates the owner is a bona fide member of the Delaware National Guard or Reserves.

(b) This section shall apply only to:

(1) A private passenger vehicle; or

(2) A truck with no more than a 3/4-ton manufacturer’s rated capacity.

(c) Other than the annual registration fee required by this title, no fee shall be required for registration under this section; however, the original application shall be subject to a $10 administrative fee.

(d) The Department shall reserve sufficient special license plates, including appropriate letters and numbered consecutively, beginning with the numeral “1”, as are required under this section.

(e) Upon receipt of any official correspondence from the Delaware National Guard or Reserves advising that the individual to whom a special plate has been issued is no longer affiliated with the National Guard or Reserves such special plate shall be forfeited and/or revoked immediately.

(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 subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
21 Del. C. § 2139M — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139M
§ Â
        2139M. Law Enforcement Memorial license plate.
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 Law Enforcement Memorial registration number; provided, however, that the owner of the vehicle must possess documentation:

a. That indicates that such person is a “police officer” as defined in § 8401 of Title 11;

b. That indicates that such person is an immediate family member of a “police officer” as defined in § 8401 of Title 11 who was killed in the line of duty; or

c. From the Delaware Police Chiefs’ Council that it is appropriate for such person to receive a special Law Enforcement Memorial registration number.

(2) This section applies only to:

a. A private passenger vehicle; or

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

(b) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided, however, that an original application under this section shall be subject to a $35 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purposes of administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(c) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Law Enforcement Memorial License Plate Committee created pursuant to subsection (d) of this section. The license plate may also include words, a slogan or an emblem supporting the Law Enforcement Memorial. The Committee may at its discretion drop the wording “The First State” and substitute in lieu thereof “Law Enforcement Memorial”. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(d) For purposes of this section, the “Law Enforcement Memorial License Plate Committee” shall consist of the following:

(1) The Director of the Division of Motor Vehicles or designee;

(2) The Chairperson of the Delaware Police Chiefs’ Foundation or designee;

(3) The Colonel of the Delaware State Police or designee; and

(4) The Chairperson of the Delaware Police Chiefs’ Council or designee.

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

(f) The Delaware Police Chiefs’ Council shall have the authority to assign the license plate numbers at its discretion.

(g) Upon receipt by the Department of information that the individual to whom the special plate has been issued is no longer affiliated with such organization or has died, whichever is applicable, the Department shall write to such person or the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4114 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4114
§ Â
        4114. Driving on right side of roadway; exceptions.
Status: in_force

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway designated and signposted for one-way traffic.

(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(c) Upon any roadway having 4 or more lanes for moving traffic and providing for 2-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by signs or markings designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under this section. This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, driveway or highway.
21 Del. C. § 2307 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2307
§ Â
        2307. Duration of certificate.
Status: in_force

The certificate of title shall be good for the life of the motor vehicle so long as the vehicle is owned or held by the original holder of such certificate.
21 Del. C. § 4176 — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4176
§ Â
        4176. Careless or inattentive driving.
Status: repealed

(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.

(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.

(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $95.

(d) [Repealed.]
21 Del. C. § 2905 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2905
§ Â
        2905. Assigned risks.
Status: in_force

(a) Any applicant for registration who in good faith has applied to 2 insurance companies for a policy of insurance or surety bond under this chapter but who is unable to procure such insurance from said companies shall thereupon notify the Insurance Commissioner, in writing, and the Insurance Commissioner upon receipt of said notice shall thereupon assign said application to 1 of the insurance companies handling such insurance and doing business in this State. Such insurance company shall promptly issue a policy at the rate then prevailing for such policies, adding an automatic surcharge of 10 percent over and above such rate then in force and effect, for similar policies of insurance. Surcharges of 50 percent and 25 percent shall be added to the then prevailing rate for such policies under the following circumstances:

(1) Fifty percent surcharge. — If the certificate is required for a conviction of:

a. Driving a motor vehicle while intoxicated;

b. Failing to stop and report when involved in an accident; or

c. Homicide or assault arising out of the operation of a motor vehicle.

(2) Twenty-five percent surcharge. — If the certificate is required for a conviction of:

a. Driving a motor vehicle at an excessive rate of speed where an injury to person or damage to property actually results therefrom; or

b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom.

(b) All such assignments may carry an expense charge of 5 percent.

(c) No assignment may be made or surcharge added solely because a driver license is denied or suspended in accordance with § 516(g) or § 2216 of Title 13.

(d) The surcharges specified in this section shall be limited for 3 years. The Insurance Commissioner shall notify the Secretary of Transportation of such assignments and the rate at which such assignments are made and the registration shall then be issued.
21 Del. C. § 2749 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2749
§ Â
        2749. Refusal to submit as admissible in evidence.
Status: in_force

Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while in violation of § 4177 or § 4177L of this title or local ordinance substantially conforming thereto, the court may admit evidence of the refusal of such person to submit to a chemical test of breath, blood or urine under this subchapter.
21 Del. C. § 2721 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2721
§ Â
        2721. Duty to sign and carry license.
Status: in_force

(a) Every person licensed as an operator shall write the person’s usual signature, in a manner acceptable to the Department, in the spaces provided for that purpose on the license certificate and such license shall not be valid until the certificated is so signed.

(b) The licensee shall have such license in the licensee’s immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a defense to any charge under this subsection if the person so charged produces in court an operator’s license theretofore issued to such person and valid at the time of the arrest.
21 Del. C. § 6103 — Delaware Code / Title 21 / Chapter 61 / Section 6103
§ Â
        6103. Records required of owners of rented vehicles; inspection; forms.
Status: in_force

(a) Every person engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person.

(b) Whoever, being an owner, fails to make or have in possession or refuses an inspection of the record required in this section, shall be fined in such amount or imprisoned for such term, or both, as the court, in its discretion, may determine.

(c) If the Secretary prescribes a form for the keeping of the record provided for in this section, the owner shall use such form.
21 Del. C. § 2139 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139
§ Â
        2139. Special license plates for veterans formerly missing-in-action.
Status: in_force

(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for the assignment to that vehicle of a special missing-in-action registration number.

(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 under this section only if:

(1) The applicant states that the applicant is a veteran formerly missing-in-action in any war, the Korean conflict, the Vietnam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; and

(2) The United States Department of Defense certifies that the applicant was a veteran formerly missing-in-action in any war, the Korean conflict, the Vietnam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

(3) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of 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.

(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 “MIA” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.
21 Del. C. § 4119 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4119
§ Â
        4119. Further limitations on driving to left of center of roadway.
Status: in_force

(a) No vehicle shall be driven on the left side of the roadway under the following conditions:

(1) When approaching or upon a curve or the crest of a grade in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by official traffic-control devices;

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in § 4114(a)(2) of this title, nor to the driver of a vehicle turning left into or from an alley, private road, driveway or highway.
21 Del. C. § 4178 — Delaware Code / Title 21 / Chapter 41 / Subchapter X / Section 4178
§ Â
        4178. Violations of offenses prohibiting stopping, standing or parking.
Status: in_force

Any violation of this subchapter or any municipal or county ordinance, code or regulation prohibiting stopping, standing or parking shall be subject to a civil penalty only. Such violation shall not be classified as a criminal offense and shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006.
21 Del. C. § 2728 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2728
§ Â
        2728. Motorcycle Rider Education Advisory Committee.
Status: in_force

(a) The Motorcycle Rider Education Advisory Committee (“Committee”) is established to do all of the following:

(1) Monitor the Motorcycle Rider Education Program (“Program”) established under § 2726 (21 Del. C. § 2726) of this title.

(2) Receive input from Delaware agencies and the general public regarding the Program.

(3) Assess the future needs of and recommend improvements to the Program.

(4) Review pending legislation related to the Program or owning or operating a motorcycle.

(5) Review statistical data with regard to motorcycle accidents in the State and make relevant recommendations to the Office of Highway Safety.

(b) The Committee is comprised of the following members:

(1) One member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(2) One member of the Senate, appointed by the President Pro Tempore of the Senate.

(3) The Controller General, or a designee selected by the Controller General.

(4) One employee of the Department of Transportation and 1 employee of the Office of Highway Safety, appointed by the President Pro Tempore of the Senate.

(5) Nine members of the public, 6 of whom are appointed by the Speaker of the House of Representatives and 3 of whom are appointed by the President Pro Tempore of the Senate.

(c) (1) The appointed members of the Committee serve at the pleasure of the appointing authority.

(2) A vacancy on the Committee is to be filled in the same manner as the original appointment.

(d) The member of the House of Representatives appointed by the Speaker is the Chair of the Committee and the member of the Senate appointed by the President Pro Tempore is the Vice-Chair of the Committee.

(e) The Chair shall guide the administration of the Committee by doing, at a minimum, all of the following:

(1) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and other records of the Committee.

(2) Notifying an appointing authority of a vacancy on the Committee to be filled by the appointing authority.

(f) (1) The Committee must meet at least quarterly. The Committee may meet at the call of the Chair.

(2) A quorum of the Committee is a majority of the Committee’s members.

(3) Official action by the Committee requires the approval of majority of the Committee’s members.

(4) The Committee may adopt rules necessary for its operations.

(g) The General Assembly shall provide reasonable and necessary support staff and materials for the Committee to carry out the Committee’s purposes under subsection (a) of this section.
21 Del. C. § 2618 — Delaware Code / Title 21 / Chapter 26 / Section 2618
§ Â
        2618. Authority to enter agreements.
Status: in_force

The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.
21 Del. C. § 4705 — Delaware Code / Title 21 / Chapter 47 / Section 4705
§ Â
        4705. Adoption of federal requirements â Amendments of 49 C.F.R. Part 392.
Status: in_force

(a) Amend § 392.4 of 49 C.F.R. Part 392 by adding a new subparagraph (e) to read as follows:

“(e) Nothing in this section shall preclude prosecution under § 4177 of this title.”

(b) Amend § 392.5 of 49 C.F.R. Part 392 by adding a new subparagraph (f) to read as follows:

“(f) Nothing in this section shall preclude prosecution under § 4177 of this title.”
21 Del. C. § 4199A — Delaware Code / Title 21 / Chapter 41 / Subchapter XIII / Section 4199A
§ Â
        4199A. Riding without ownerâs consent; protrusion beyond limits of vehicle.
Status: in_force

No person shall ride upon any vehicle without the consent of the driver and when any person is riding on any vehicle with the driver’s consent, no part of the person’s body must protrude beyond the limits of the vehicle.
21 Del. C. § 4182 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4182
§ Â
        4182. Unattended motor vehicle.
Status: in_force

(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

(b) The requirements of subsection (a) of this section do not apply to an operator who starts the engine of a vehicle by using a remote starter or other similar device that remotely starts the vehicle’s engine without placing the key in the ignition and requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated.
21 Del. C. § 2741 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2741
§ Â
        2741. Administration of test; refusal to take test.
Status: in_force

(a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be:

(1) Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or

(2) Revoked for a period of at least 2 months if a violation of § 4177L is alleged.

The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered.

(b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered.

(c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person’s breath in order to estimate the alcohol concentration of the person’s blood, at the scene of the stop or other initial encounter between the officer and the person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.
21 Del. C. § 2748 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2748
§ Â
        2748. Civil liability.
Status: in_force

A duly licensed physician, medical technician or registered nurse withdrawing a blood sample under this subchapter and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, provided, however, this section shall not relieve such person from civil liability for any malicious act or gross negligence perpetrated in taking the blood.
21 Del. C. § 7504 — Delaware Code / Title 21 / Chapter 75 / Section 7504
§ Â
        7504. Application for license.
Status: in_force

The Department shall devise an automotive recycler license application which shall include the following:

(1) The name of the business;

(2) The address of the business; and

(3) If the business is a proprietorship, partnership or corporation, the names and addresses of all principals, partners or corporate officers and resident agents.
21 Del. C. § 8305 — Delaware Code / Title 21 / Chapter 83 / Section 8305
§ Â
        8305. License fees.
Status: in_force

All licenses shall expire on the last day of the calendar year and may be renewed upon application to the Secretary as prescribed by regulation. Each application for an original or renewal school license fee shall be accompanied by a fee of $115 and each application for an original or renewal instructor’s license shall be accompanied by a fee of $50. No license fee shall be refunded in the event that the license is rejected, suspended or revoked.
21 Del. C. § 2761 — Delaware Code / Title 21 / Chapter 27 / Subchapter V / Section 2761
§ Â
        2761. Licensing of taxicab and limousine operators.
Status: in_force

No person shall drive any taxicab or limousine as defined under Chapter 18 of Title 2 upon any highway of this State unless such person, upon application, has been licensed as a taxicab or limousine operator by the Department under this chapter.
21 Del. C. § 2128 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2128
§ Â
        2128. Status of plates upon transfer of title; conditions permitting reissuance of registration number.
Status: in_force

(a) Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the number plates assigned to a vehicle shall remain attached thereto. However, the transferor may have such registration plates and number plates transferred and assigned to another vehicle upon proper application in writing to the Department and upon payment to the Department of a fee of $20 in addition to all other fees required by law.

(b) If a vehicle registration has been expired for 1 year or more, the registration number may be reissued by the Division of Motor Vehicles.

(c) If a vehicle which was registered in Delaware is titled and registered in another jurisdiction, the Delaware title and registration is immediately canceled and the registration number may immediately be reissued by the Division of Motor Vehicles.

(d) If a registered vehicle has been junked, salvaged or destroyed to an extent that it will not be registered again for highway use and if the Delaware certificate of title has been surrendered to the Division, the registration number may be reissued by the Division of Motor Vehicles.

(e) If a registration number has been removed from a vehicle pursuant to subsection (a) of this section, and if the registration has expired, the registration number may be reissued by the Division of Motor Vehicles.